This article will examine a crime aimed at causing minor harm to health. Article 115 of the Criminal Code contains a number of features that can characterize this type of act.
Definition and medical evaluation criteria
The infliction of harm to light health is a crime that manifests itself in the form of action and is aimed at insignificant harm to human health.
The medical criteria that can qualify this type of crime are:
- Insignificant, but at the same time persistent disability of the person (less than 10%).
- Temporary minor dysfunction of human organs (no longer than 21 days).
Superficial damage to the skin, such as:
- abrasion;
- injury;
- bruise;
- superficial wound or other damage that does not entail a short-term health disorder.
Object of crime
Intentional infliction of slight harm to health includes an object of crime, which acts as a public relationship, developed in the process of implementation natural law to the protection of health and personal integrity. In other words, the inalienable human right to health and safety acts as the object of a crime.
Objective side
Causing minor harm to health includes the objective side of the crime, which appears in the form of:
- socially dangerous action;
- criminal consequences, which are expressed in the form of minor harm to health;
- causal connection between criminal consequence and act.
Mandatory signs of the objective side are the act, as well as the negative consequences that occurred after the commission of the crime.
Optional features include:
- crime scene;
- situation;
- time;
- guns;
- method;
- facilities.
Such signs as a whole do not affect the qualification of a criminal act, but play an important role in determining a preventive measure by a court.
Actions due to which slight harm is done have a very diverse form. They can be expressed as mechanical or psychological effects. Based on these criteria, actions are conditionally divided into three main groups:
- Chemical harm to health.
- Through psychological exposure.
- By physical influence.
Accordingly, it is necessary to distinguish three main forms of impact on the human body, which manifest themselves in the form:
- psychological effects on the nervous system;
- body contact;
- penetration into the body.
Subjective side
Causing minor harm to health is characterized by the subjective side, which appears in the form of guilt with indirect or direct intent. This type of crime is often characterized by an indefinite type of intent.
In order to correctly qualify this type of crime, it is necessary to establish that the guilty person wished or consciously permitted the infliction of specifically slight harm to human health.If the offender intentionally intended to inflict grievous harm or even to commit the murder, but due to circumstances beyond his control, the intent was not realized, the crime would be considered as an attempted murder.
Causing minor harm to health includes a wide variety of goals and motives of crime such as jealousy or revenge. If minor harm was caused by negligence, then this action will not entail criminal liability.
Subject of crime
Causing minor harm to health entails liability only for persons who, at the time of the commission of the act, were already 16 years old.
In addition, the subject of the crime includes two main characteristics, which include:
- reaching the age of criminal responsibility;
- sanity.
Criminal liability for a person does not occur if:
- Lack of objective connection between the consequence and the act.
- The absence of signs of the subject of a crime or a mandatory criterion - sanity.
- If minor harm is objectively considered to be a consequence of the committed criminal act, but the person is not in a relationship with an object that has previously been harmed.
- Exerting pressure on a person by third parties (coercion to commit minor harm to health under the threat of physical impact).
A responsibility
Intentional infliction of slight harm to health, which caused a slight disability, entails a sanction in the form of a fine ranging from 50 to 100 minimum wages. In addition, a sum of money equal to the officially established salary of the convicted person for one working month shall be recoverable. also in form of sanction correctional labor is possible for a period of 180 to 240 hours or for a period of up to one year. In some cases, the act is punishable by arrest for a period of 2 to 4 months.
The sentence is determined in court on the basis of the material circumstances of the case.