For deliberate infliction of moderate severity of harm to health, what punishment is required by law?

Deliberate infliction of moderate severity of harm to health entails criminal liability, which is established by the current legislation of the Russian Federation. In order to give an accurate description of the crime, it is necessary to make a legal analysis of it, as well as understand the principle by which the severity is qualified.

Legislative regulation

Deliberate infliction of moderate severity of harm to health (Article 112 of the Criminal Code of the Russian Federation) is the guilty of unlawful infliction of damage to human health, which is manifested in violation of the integrity of the skin or organs.

The basis for qualifying such a crime is its composition. Specifically, this type of crime is characterized by material composition, since the act has a causal relationship and causes negative consequences for the object, which is under the protection of the law.

How severity is determined

The infliction of moderate severity of harm to health is determined by the rules, which are enshrined in government decrees, and are also based on the conclusions of the JME.

The severity of the damage caused is determined by the employee of the forensic medical center. In this case, the object of the examination is a living person (his body), medical documents and case materials that were provided to the expert in the manner prescribed by law.

The medical criteria that qualify signs of moderate damage include:

1. Temporary impaired human performance lasting no more than 21 days.
2. Significant disability, namely less than 1/3.
3. Persistent, long-term loss of performance from 10 to 30 percent.

Objective side and object

The object of protection by criminal law is human health, regardless of its actual condition.

The objects of crime are specific, direct and generic. Deliberate infliction of moderate severity of harm to health has a generic object, which are relations designed to provide moral, physical and other benefits, as well as the protection and inviolability of freedoms and human rights. A species is considered a relationship aimed at ensuring human health. The immediate object is human health.

The objective side of this crime is:

• act;
• criminal consequence;
• the connection between the consequence and the act.

Often, moderate damage to health is carried out in the form of an action. In this case, there is a violation of the anatomical integrity of the skin or the functions of human organs. The action in this case has a physical character. Damage through inaction is possible only if the accused should have taken care of the victim, thereby preventing the onset of negative consequences.

The objective side is also characterized by negative and positive signs. Positive signs are:

1. Health disorder.
2. Persistent, significant disability (in this case, not less than 1/3).
3. In order to qualify this type of deed, one of the listed signs is enough.

Subject and subjective side

Intentional infliction moderate health damage characterized by certain subjective symptoms.

The subject of this crime is a sane person who was 14 years old at the time of the commission of the act. Sanity and age do not belong to the signs of corpus delicti, but affect only the conditions for liability.

The subjective side manifests itself in the form of indirect or direct intent.

Direct intent is characterized by the awareness of the actions of the accused, when the offender not only foresaw, but also wished for the onset of negative consequences. In addition to the possibility of the inevitable onset of dangerous consequences, an alternative is provided - this is foresight and awareness of the act, which entails public danger. This point is especially important in order to determine the subjective side in the attempt to inflict damage to health.

When deliberate infliction of moderate severity of harm to health is disassembled, it is very important to identify the form of intent, since in the absence of any form of guilt, a person’s action will not be considered criminal.

In the case of direct intent, this element must have certain characteristics, namely:

1. A person must be aware of the danger of his actions.
2. The offender must anticipate the onset of consequences (in this case, bodily harm, disease or other pathological condition).
3. A person who carries out criminal actions must foresee the inevitability of the onset of the final consequences (in this crime - a long-term health disorder).
4. The offender must wish for dangerous consequences. He must also foresee the degree of severity that he will inflict on a person’s health with his criminal actions, otherwise intent will be considered indirect.

The distinction between indirect and direct intent plays a role in the individualization of responsibility, as well as to distinguish between similar elements of crime.

Qualifying Attributes

Section 112 of the Criminal Code has its own specific qualifying features that characterize the crime committed:

• in relation to several or more persons;
• in relation to the person or his relatives (in the performance of the victim's official duties;
• in relation to a helpless or juvenile person;
• an act committed by a group of persons by conspiracy;
• based on ideological, religious or political hatred.

A responsibility

Crime entails liability in the form of:

• restrictions on freedom up to three years;
• forced labor for the same period;
• arrest up to six months.

When assigning a measure of responsibility under Art. 112 of the Criminal Code of the Russian Federation, the court proceeds from the nature and degree of danger of the criminal act, the identity of the defendant, aggravating and mitigating circumstances, and also the impact of the punishment on the correction of the convicted person.

A circumstance that can mitigate liability is considered a complete guilty plea. An aggravating circumstance is considered a relapse of a criminal act.