The protection of the individual, his dignity, life and health is regulated in the Russian Federation by a number of legislative acts. Of primary importance to the state is man. His rights, protection of health and dignity are an important aspect. It is worth knowing what constitutes damage to health, classification of such acts and responsibility for them.
What is harm
Any actions of a person or a third party, the consequences of which are any violation or change in the integrity of the human body or its functions, are deliberately classified as harm. In the Criminal Code, any damage caused to human health is allocated to the section called the “Special Part”.
It is worth considering in detail the intentional infliction of harm to health. The concept itself is immoral, unacceptable and contrary to the foundations of the state. Unfortunately, the human imagination in this area is very wide, therefore, the classification of types of harm and the responsibility for acts related to its damage are very extensive.
Harm classification
According to the Criminal Code, harm to health can be:
- intentional;
- by negligence;
- a consequence of an affective state.
Of particular note is the intentional infliction of harm to health when the offender acts deliberately. All acts that are directed against the normal physical condition of a citizen are documented in the Criminal Code of the Russian Federation. Causing health damage can be classified by signs.
Nature of the consequences
Mortality:
- harm incompatible with life;
- irreparable harm;
- recoverable harm.
Severity:
- light
- average;
- heavy.
The nature of the consequences:
- physical trauma;
- moral trauma;
- combined injury. Basically, the victim receives it when it does harm to itself. This case can be attributed to a preventive disorder that entailed causing damage, that is, the mental instability of the individual.
Type of harm
This section of the classification is extensive and depends on the imagination of the individual. Lawmakers classified the “dark” inclinations of a person and introduced 5 chapters, united by a common theme of crimes (in addition - chapter 15 of the Criminal Code of the Russian Federation, which states crimes related to compulsory medical measures).
We give the general classification:
- Medical measures of a coercive nature, resulting in harm to human health.
- Crimes against the health and life of people.
- Crimes that threaten the dignity, honor and freedom of a person, which entailed causing harm to health, regardless of age and race.
- Crimes against humanity in the sexual sphere, entailing direct harm to health, both moral and physical.
Also to this classification include items such as crimes:
- against minors and family;
- against rights and freedoms;
- if they pose a threat to human life and health.
In principle, these points are considered by lawmakers separately, however, the offender’s liability is aggravated if his actions of this nature entailed harm to health. The Criminal Code allows you to add relevant articles as aggravating circumstances.
Severity of crime
A degree is preceded by a medical examination. Only a specialist has the right to give an opinion on the severity of the injuries inflicted. Basic classification of crimes directed against human health, is the severity of causing harm to health.
As a rule, any harm (beatings, cuts, a gunshot wound, injuries caused by fire or chemicals, etc.) can have both mild, moderate and severe degrees. The Criminal Code of the Russian Federation provides for the separation of harm by type (for example, a gunshot wound, a knife wound, household scissors and others), liability for various types of harm and its degree depending on the consequences and severity of the damage.
It is worth considering in more detail such a parameter as severity in case of intentional injury to health.
Light damage to health, according to Art. 115 of the Criminal Code, is harmless to the victim, and is a short-term disorder of body functions, which is subject to full recovery. Light damage entails a temporary disability without consequences that would make it impossible for a person to carry out his current activities.
The Criminal Code provides for various types of punishments for the commission of this crime: from a fine to correctional labor, or in the form of imprisonment.
Average damage to health is characterized by Art. 112 of the Criminal Code as harm, not life-threatening, and is also characterized by prolonged or permanent disability by less than a third of the initial opportunities.
Preventive measure
Factors that affect the measure of restraint for the offender:
- legal capacity of a criminal;
- extenuating or tightening circumstances;
- age of the offender;
- the possibility of a precedent in a state of affect or through negligence;
- criminal records or information on the history of the criminal of similar precedents;
- consistency of crimes committed;
- victim intervention (withdrawal of an application or petition for commutation of sentence).
For criminals who have inflicted moderate bodily harm, the law is stricter. Punishment ranges from six months in custody to 5 years in prison.
Aggravating circumstances
Aggravating circumstances are:
- planning for harm to the victim, if the fact of intent is proved;
- if the actions that entailed causing damage to health of moderate severity were committed by a group of criminals and the fact of collusion was proved;
- if the crime was racial or hooligan;
- if the criminal or criminals committed a crime under the influence of alcohol or drugs;
- if the victim is a minor or a person with disabilities (disabled person);
- if the offender has repeatedly committed such violations;
- in the case of the use of weapons and improvised means that exacerbated the harm to the victim.
What is considered serious damage
Serious harm is classified by Art. 111 of the Criminal Code as a serious crime. Serious bodily harm are considered:
- loss of hearing, vision, speech, touch, smell, to victims;
- loss of an organ or complete loss of its functions;
- mental disorder;
- loss of limbs;
- abortion as a result of an attacker;
- disfigurement;
- actions that result in the dependence of the victim on drugs;
- disability complete or more than a third.
Such acts are serious crimes, despite the fact that it is “only” causing harm to health. Section 111 of the Criminal Code provides for punishment for such acts - imprisonment of up to eight years. However, in some cases, the term may be extended to ten years.
When can the sentence be extended?
Consider these situations:
- A deliberately planned crime.
- Causing serious harm in order to obtain organs for sale or for use for their own purposes.The standard situation is a relative or a person dear to the offender (the offender is the option) needs transplantation, but there is no money for the organ or there is no organ. In desperation, a man goes to crime. Note that this situation can serve as a mitigating circumstance.
- Crime with hooligan or racial motives.
- The offender is self-employed.
- The crime is committed in a generally dangerous way.
- The offender took alcohol or drugs before committing the crime, which was proved by medical examination.
- Crime related to professional activity. The term may be extended if the court proves selfish motives and the purpose of the crime is intentional murder.
If the victim died on the spot or during the investigation, the crime is classified as murder and the perpetrator faces 15 years of deprivation of will.
As you can see, the legislation classifies the crime of harm to health as a crime. The article applied to the attacker depends on the degree of harm caused to the victim and various circumstances (aggravating or mitigating).
The principles of humanism and government do not accept acts that entail violation of an individual's rights, danger to his condition and life. It is worth remembering that harm to health, especially intentional, is immoral act unworthy of man.
