Negligent Serious Health Injury: Examples

Sometimes ignorance, excessive emotionality or the desire to protect oneself lead to unforeseen consequences, as a result of which third parties are in danger. The infliction of grievous bodily harm through negligence threatens with criminal liability under Article 118 of the Criminal Code of the Russian Federation.

Signs of crime

Causing significant or moderate damage is a criminal offense. The legislation protects both the physical health of citizens and the psychological one, which is why provoking mental disorders also threatens punishment.

Punishment for grievous bodily harm by negligence, more loyal than for intentionally caused damage. In order for a criminal case to be considered in accordance with Article 118, it is necessary to prove that the actions of the convicted person were indeed unintentional.

Signs of a serious crime are the following conditions of the victim:

• organ loss or impossibility of its further functioning (hearing, speech, eyesight);
• mental disorder;
• abortion;
• ugly face (without recovery);
• addiction disease;
• disability (full or more than a third);
• a state close to death.

Reasons for the crime

Causing serious harm to human health through negligence is qualified as a result of both certain actions and inaction of the offender. In this case, the act or its absence should be the cause of the violation of the health of the victim. As a rule, we are talking about neglect of safety in everyday life or about non-observance of the rules of conduct when fulfilling professional obligations.

There are several areas of activity that pose a danger to human health and life as a result of the careless actions of the violator:

1. Transport management is a responsible activity, because even a car poses a potential threat to all road users: both for the driver and the pedestrian. Any careless actions can cause serious harm to health through negligence. Accidents committed due to the carelessness of one of the participants in the accident, unfortunately, are not uncommon.
2. Violation of labor protection rules at enterprises related to hazardous facilities or representing a potential threat to society (nuclear and power plants, plants).
3. Social events and sporting events, as a result of non-compliance with the rules of which caused serious bodily harm through negligence.
4. Organizations that are required to have permission to carry out an activity, but do not comply with the law. These include illegal trade, private medical practice and others.

Types of Crime

Causing serious harm through negligence can be characterized as qualified, committed as a result of criminal negligence or frivolity. A crime committed in the event of arrogance differs from the rest in that the person who committed the violation foresaw the consequences of his act, but counted on their prevention or elimination.

A crime of negligence characterizes the fact that the perpetrator of the offense did not foresee harm to the victim, although he had such an opportunity.

A qualified crime is committed as a result of neglect of duties.In this case, actions of a person that does not meet the rules and requirements of the professional industry are considered a violation. These areas include the following activities:

• hired workers, including those under a legal contract (builders, manufacturers);
• officials
• military personnel;
• law enforcement agencies (firefighters, police, doctors).

In order to present a violation, it is necessary to establish which rule or requirement was not observed and poorly executed. Article 118 in this case will be considered only in the absence of other elements of a crime.

Subject of crime

Part 1 of Article 118 of the Criminal Code provides for liability for acts of persons who have reached the age of sixteen. At the same time, minors can “get off” with a more humane punishment in the form of a fine or correctional labor.

Part 2 determines the punishment for persons of certain professions if, as a result of improper performance of duties, serious harm was inflicted on the health of the victim.

If mild health is caused by negligence, then liability under this article is not provided. In a situation of accidental damage to the victim, there is no corpus delicti.

Punishment

118 article "Causing grievous bodily harm through negligence" prescribes punishment in the form of monetary sanctions:

• a fine of up to eighty thousand rubles;
• a fine in the amount of any guilty income (salary or other source) up to six months.

In the form of work:

• Mandatory - up to 480 hours;
• correctional - up to two years.

Deprivation of liberty:

• conditional term up to three years;
• imprisonment of up to six years.

If serious harm is inflicted to a person as a result of improper performance of professional duties or their non-fulfillment by convicts, the punishment is:

• restrictions of freedom up to four years;
• forced labor for up to one year;
• arrest for up to one year;
• the prohibition to hold certain positions, to perform a separate occupation for a period of up to three years (as an addition to or without the main punishment).

Examples

The Criminal Code addresses various types of crimes that cause harm to humans, including the infliction of grievous bodily harm through negligence. Case studies are presented below.

1. The convict was sentenced in accordance with article 111 of the Criminal Code, which implies causing harm intentionally. The culprit during a quarrel hit the face of a comrade who drank from a glass. As a result of the impact, the glass broke, its fragments damaged the victim's eye, which led to loss of vision. However, the court decided to re-qualify the infliction of harm, since the act of the convicted person occurred under the influence of an experience in which it was not possible to assess the damage caused. The offender was punished in accordance with Article 118 of the Criminal Code of the Russian Federation.
2. The offender was sentenced to arrest, as her actions led to a severe burn of her husband. She pushed him while drinking tea, while dousing with a hot drink. The panel of judges challenged the crime, providing evidence that the act was not intentional, and its consequences occurred due to non-observance of caution.

Damage resulting from negligence is considered a minor offense. In order for a criminal case to qualify under Article 118, indisputable evidence of the fact that the act was carried out unintentionally is necessary.