The Criminal Code of the Russian Federation contains many basic concepts that are often mentioned in various articles of the Criminal Code of the Russian Federation. Surely many people are familiar with such words as "theft", "large and especially large damage", "preliminary collusion" and so on. All these professional terms are used everywhere in the Criminal Code of the Russian Federation, and sometimes fall into the Civil Code and the Code of Administrative Offenses. In this article, we will take a closer look at the term personal injury.
What is Personal Injury?
According to the definitions given by the legislation of the Russian Federation, bodily injuries are those injuries that have caused harm to the physical health of the victim. At the same time, this concept is extremely broad - bodily injury is recognized as a bruise delivered by accident, as well as a deliberately inflicted severe injury that entailed disability or death.
How is bodily injury identified and recorded?
Remember one important thing - if you want to prove the fact of causing any bodily harm, then be sure to record them. The presence of an opinion will be mandatory for contacting the police, prosecutor's office and court. In this case, it is only necessary to fix the damage with doctors. It is impossible to independently describe the existing damage and draw up a medical conclusion, even if you are a certified doctor - a third party must conduct the examination.
Important
At the same time, it is not enough to fix the damage itself. You will also need to provide other evidence. For example, filming an attack from surveillance cameras, video recorders, and more. Also, do not hesitate to involve witnesses. To do this, you can always contact the police.
Types of bodily harm
All possible injuries fall into three broad categories: mild, moderate, and severe. Before giving a definition to each, we note an important fact - each bodily injury is unique in its own way, and only a qualified specialist can establish the severity. In this case, even the same damage can be regarded by two doctors in different categories.
- Light bodily injury. The most common category. Minor bodily injury refers to any minor or short-term damage to health. In practice, light bodily injury can mean bruising, bruising, contusions, and so on. Likewise, minor injuries include more serious injuries that "lasted" no more than seven days (that is, completely or largely healed in less than a week);
- Medium bodily injury. The broadest category, which essentially includes anything that is neither mild nor severe. This category often includes injuries that either affected the victim, but did not affect his health in general, as well as injuries that affected his health for a long time. In practice, bodily injury is almost any kind of injury: fractures, severe burns, stab and cut wounds that did not affect organs, and much more;
- Serious bodily injury. Not as extensive as the damage of moderate severity, but at the same time much more varied. Any damage that entails significant damage to the health and psyche of the victim is classified as serious bodily injury. Please note that grievous bodily harm most often leads to a deterioration in the victim's mental state, and therefore, even if the damage was not significant, but affected the victim's mental balance, the damage can be described as severe. In practice, serious damage is considered to be anything that has led to permanent consequences for the victim's health, disability or death: beatings, torture, severe beating, stab, cut or gunshot wounds, and much more.
Personal injury as an aggravating circumstance
Most often, causing any bodily harm is considered not as a separate crime, but as an aggravating circumstance. And sometimes it completely changes the article. Let's look at two examples.
- Extortion. Standard extortion does not imply harm to the victim's health. And the maximum punishment for him is 4 years and a fine of 80,000 rubles. However, if the extortion caused serious harm to health, then the term of imprisonment can grow up to fifteen years, and the fine - up to one million;
- Robbery. According to the Criminal Code of the Russian Federation, robbery is an open theft of property without causing physical harm. At the same time, theft falls under article 161 of the Criminal Code of the Russian Federation "Robbery", during which minor injuries were inflicted on health. However, if violence was used during the robbery, which entailed the infliction of moderate or serious harm, then the corpus delicti will change, and the robbery will "develop" into a robbery.
These two examples clearly show how inflicting even minor harm to health can significantly affect the punishment for a crime.
Bodily injury as a separate article of the Criminal Code of the Russian Federation
The section responsible for causing harm to health occupies a special place in the Criminal Code of the Russian Federation. The sixteenth chapter is completely devoted to it, containing twenty different articles. In addition to these articles, harm to health is often mentioned in other articles. At the same time, when they talk about harm to health, they most often mean three articles: 111, 112 and 115. This is the infliction of serious, medium and light harm to health, respectively. Let's dwell on them in more detail.
Light bodily harm
In this article of the Criminal Code of the Russian Federation under number 115, only minor and minor bodily injuries are considered, which did not entail too serious consequences. This is a very short article with only two parts.
In the first part of Art. 115 of the Criminal Code of the Russian Federation considers infliction of light bodily harm without any aggravating circumstances or features. The punishment can be:
- Fine up to 40,000 rubles;
- Compulsory work for 480 hours;
- 1 year of correctional labor;
- Arrest for 4 months.
In the second part of Art. 115 of the Criminal Code of the Russian Federation considers infliction of light bodily harm with various aggravating circumstances. This list includes:
- Infliction of light bodily harm for hooligan purposes;
- Infliction of light bodily harm for political, religious or other similar reasons;
- Inflicting light bodily harm by using any weapon;
The punishment for the second part is much more severe:
- 1 year of correctional labor;
- 2 years of restriction of freedom;
- 2 years of forced labor;
- 6 months of arrest;
- Imprisonment for two years.
Infliction of medium bodily harm
The legislation of the Russian Federation provides for a separate article responsible for the deliberate infliction of moderate bodily harm. She wears the number 111 and is divided into two parts.
In the first part of Art. 111 of the Criminal Code of the Russian Federation considers the process of deliberate infliction of bodily harm of moderate severity without any aggravating circumstances. This is a very serious offense and the penalty should be appropriate:
- 3 years of restriction of freedom;
- 3 years of forced labor;
- Arrest for 6 months;
- 3 years in prison.
The second part of Article 111 of the Criminal Code of the Russian Federation is much more extensive. She considers the following circumstances:
- There are two or more victims;
- The victim is a minor;
- The damage was caused by a group of people;
- The harm was caused by hooligan motives;
- The offender used his official position;
- When causing harm to health, weapons were used;
- The harm was caused on the basis of religious, ethnic or other hostility.
Info
In any case, the punishment for the crime provided for in the second part of this article is the same for all points - imprisonment for up to five years.
Infliction of grievous bodily harm
One of the most serious and serious types of crimes associated with causing damage to someone else's health is deliberate infliction of serious bodily harm. For this type of crime, the Criminal Code of the Russian Federation provides for a separate article under number 111. It is quite extensive and contains four parts.
The first part of Article 111 of the Criminal Code of the Russian Federation deals with the deliberate infliction of grievous bodily harm without any peculiarities or circumstances. The punishment is also only one - imprisonment for up to eight years.
In the second part of Art. 111 of the Criminal Code of the Russian Federation, several circumstances of causing serious bodily harm are considered at once. It:
- Causing harm in a socially dangerous way;
- Causing harm by an official;
- Causing harm by a hired person;
- Infliction of injuries from hooligan motives;
- Infliction of bodily harm on racial, religious, political or ethnic grounds;
- Harm for the purpose of removing and using organs;
- Inflicting bodily harm with a weapon;
- Damage to the health of a minor;
The punishment, again, is provided for only one - imprisonment for ten years with its subsequent restriction.
In the third part of Art. 111 of the Criminal Code of the Russian Federation considers the above-described crimes committed by a group of persons in a preliminary conspiracy. Also, the third part of this article applies if there are several victims. The punishment is imprisonment for up to fifteen years with subsequent restrictions.
The last, fourth part, examines the damage to health resulting in death. If, as a result of the injuries inflicted by the attacker, the victim has died, then the punishment may be imprisonment for fifteen years.
Criminal lawyer. Experience in this area since 2006.
What an article for beating a man is contained in the Criminal Code of the Russian Federation? There is no unequivocal answer to this question. It all depends on a number of factors - the severity of the injury, the personality of the victim, the intentions and motives of the perpetrator, etc. This article will help to understand the qualifications of crimes involving the use of physical violence, and, possibly, to avoid an undeserved severe punishment.
Criminal liability for beating a person: general provisions
The Criminal Code contains many provisions that provide for liability for beating a person. The question of which of them to apply is decided individually, depending on the nature of the consequences and circumstances of the crime committed.
The main criterion for qualifying the actions of the perpetrator and, accordingly, determining the amount of punishment is the severity of the harm caused to the victim's health as a result of the beating, which is determined in the course of a forensic medical examination. There are several options:
- The bodily injuries caused by the beating did not cause, according to the conclusion of the forensic medical examination, any harm to health.
In this case, the perpetrator is threatened with prosecution under article 116 of the Criminal Code of the Russian Federation (beatings), the punishment for which is relatively small and provides for imprisonment only in the presence of aggravating circumstances (hooligan motives, ideological or racial motives, etc.).
If the beatings were systematic, the perpetrator will be punished under Article 117 of the Criminal Code of the Russian Federation (torture). The sanction here is slightly higher - up to 7 years in prison. - Personal injuries are qualified by an expert as causing slight harm to health.
Article 115 of the Criminal Code of the Russian Federation (intentional infliction of minor harm to health), punishment - from a fine to 2 years in prison. - Harm to the victim's health is classified as moderate - Article 112 of the Criminal Code of the Russian Federation (intentional infliction of medium severity of harm to health).
Article for beating with such consequences, it provides for imprisonment for up to 5 years, but in the absence of aggravating circumstances, alternative measures are possible - a fine, forced labor or arrest. - The most severe punishment entails beating with infliction of grievous bodily harm - Article 111 of the Criminal Code of the Russian Federation (deliberate infliction of grievous bodily harm).
It will not work to get off with a fine - the legislator has established a sanction exclusively in the form of imprisonment for up to 15 years (there is no minimum threshold). True, the maximum punishment threatens only if the victim died from the injuries received.
Important: in contrast to murder, a mandatory feature of which is purposeful, that is, intentional deprivation of the life of another person, part 4 of Art. 111 of the Criminal Code of the Russian Federation provides for the infliction of bodily harm, which, against the will of the perpetrator (that is, through negligence), resulted in the death of the victim.
Beating of minors: article of the Criminal Code of the Russian Federation, punishment
There is no separate article for beating minors in the Criminal Code. However, in a number of norms providing for liability for physical violence, the young age of the victim is a qualifying feature (aggravating circumstance) that affects the amount of punishment.
Important: in accordance with Russian legislation, persons under the age of 14 are recognized as minors. Persons between the ages of 14 and 18 are considered minors.
So, depending on the consequences caused, criminal liability for beating of minors falls under the following articles:
- item "b" of part 2 of Art. 111 of the Criminal Code of the Russian Federation (imprisonment up to 10 years);
- item "in" part 2 of Art. 112 of the Criminal Code of the Russian Federation (imprisonment up to 5 years);
- item "g" of part 2 of Art. 117 of the Criminal Code of the Russian Federation (imprisonment from 3 to 7 years).
In addition, in accordance with Article 63 of the Criminal Code of the Russian Federation, the commission of any crime, including beating, against a minor by parents or other persons called upon to fulfill the duties of raising a child is unambiguously recognized as an aggravating circumstance and, accordingly, is significantly reflected on its size upwards.
Group beatings: article of the Criminal Code of the Russian Federation, punishment
A group crime is always punished more severely than a crime committed alone. Beating is no exception. Almost all of the above articles of the Criminal Code contain as a qualifying sign the infliction of bodily harm by a group of persons:
- item "a" of part 3 of Art. 111 of the Criminal Code of the Russian Federation (up to 12 years in prison);
- item "g" of part 2 of Art. 112 of the Criminal Code of the Russian Federation (up to 5 years in prison);
- item "e" of part 2 of Art. 117 of the Criminal Code of the Russian Federation (from 3 to 7 years in prison).
Important: a mandatory sign for prosecution for the listed items and parts of the articles is the presence of a preliminary conspiracy between the perpetrators. In the absence of such, the relevant items are excluded from the scope of the charge.
In this case, the punishment is imposed taking into account the aggravating circumstance provided for in paragraph "c" of part 1 of Article 63 of the Criminal Code of the Russian Federation, for the application of which the very fact of the commission of a crime by two or more persons is sufficient. The same provision applies to liability for species. beatings, articles of the Criminal Code for which they do not contain a group attribute.
The health of every person as an object of legal protection covers the concept of any human system that functions regardless of his physical or mental defects. Crimes against health are unlawful, intentional or negligent acts directly aimed at causing physical or mental harm to the health of others. Additional objects can be the honor and dignity of the person.
Serious Intentional Bodily Injury
In the Criminal Code of the Russian Federation, article 111, the infliction of grievous bodily harm qualifies on the following grounds of a crime:
a) a method that is in the nature of special torment;
b) by several persons;
c) for the purpose of intimidation;
d) to order;
e) if it caused the death of the victim.
The death of the victim in causing such damage means that this corpus delicti provides for the occurrence of two consequences. The first is intermediate - when damage is qualified as a form of intent, the second is final - when the death of the victim is qualified as a form of negligence.
Since when a crime is committed, the mental attitude of the culprit towards the death of the victim is imprudent, an attempt on such a crime is excluded.
Intentional bodily injury of moderate severity
Signs of such injuries are: firstly, the absence of consequences and danger to life, that is, those that are characterized by Article 111 of the Criminal Code - bodily harm, and secondly, causing long-term loss of health. That is, to determine the presence of medium bodily injury, the presence of the corresponding percentage of disability or long-term loss of health is sufficient. Long-term loss of health consists in long-term impairment of the functions of any organ or in their constant deterioration (deterioration of visual acuity, hearing, speaking abilities, deterioration of motor functions of the arms, legs, etc.). Rib fractures, fractures, fractures and fissures of tubular bones, moderate concussion of the brain and some other injuries are also characteristic of this type of injury. For inflicting medium bodily harm, Article 112 of the Criminal Code of the Russian Federation implies a restriction of freedom for up to three years.
Qualifying signs of intentional moderate bodily injury
The qualifying signs of such damage are intimidation of the victim or his relatives or coercion into certain actions. (We are talking about relatives of varying degrees of kinship, and not just about close relatives). The purpose of coercion is the desire to get the victim to carry out certain orders against the will of the latter. If the victim died as a result of intentional bodily injury of medium gravity, the act is classified as a set of crimes.
Intentional grievous bodily harm inflicted in a state of intense mental agitation
This offense is privileged in nature. He has all the signs (except for the consequences) characteristic of a premeditated murder, carried out in a state of great emotional excitement. For such infliction of bodily harm, the article of the Criminal Code of Russia prescribes this to be interpreted only as infliction of grievous bodily harm. Those. the infliction of deliberate slight damage or moderate injury in a state of great mental agitation does not constitute a corpus delicti as opposed to a serious one that entailed the death of the victim. Intense emotional disturbance should be seen as a mitigating circumstance.
Causing intentional grievous bodily harm in excess of the measures necessary for the arrest of a criminal
Criminal prosecution for grievous bodily harm in excess of the measures for the detention of the offender occurs only if the self-defense of the culprit clearly did not correspond to the degree of danger of encroachment or the situation in the situation of detention. If the measures necessary for the arrest of the offender are exceeded, when bodily harm has occurred, the article, the term and criminal liability are not established by the current Criminal Code.
Light intentional bodily injury
For causing minor bodily harm, Article 113 of the Criminal Code of Russia provides for liability as for causing two types of minor bodily harm:
1) such that did not entail a short-term loss of health or an insignificant loss of working capacity (part one);
2) such that led to at least one of the indicated consequences (part two).
The first type combines injuries that have minor consequences lasting no more than 6 days (these can be bruises, scratches, etc.).
The second type of the specified damage is damage resulting from:
a) short-term health disorder lasting more than 6 days, but not more than 21 days or three weeks;
b) a slight loss of working capacity, that is, a loss of working capacity up to 10% (a slight deterioration in visual acuity or hearing, etc.).
For the qualification of the act in the second part, one of the indicated consequences is sufficient. For careless easy application bodily harm article of the Criminal Code does not imply criminal liability. If minor injuries are part of the objective side of another crime (hooliganism, rape, etc.), they do not need a separate qualification.
Reckless moderate or serious bodily injury
The article of the Criminal Code of Russia defines infliction of bodily harm as signs of injuries of moderate severity and serious injuries, discussed above. Such damage due to criminal overconfidence should be separated from damage with indirect intent (if the guilty person knowingly admitted the corresponding consequences, not counting on those circumstances that could prevent them), and damage due to gross negligence should be separated from innocent damage (if the person did not foresaw the corresponding consequences, should not have and (or) could not have foreseen). The article of the Criminal Code of the Russian Federation defines careless infliction of bodily harm as a gross act in violation of the rules of conduct in everyday life or non-observance of safety rules (prudence) in professional activities by unofficial persons. If such damage (like death) is the result of violation of certain regulations by officials or other special entities, liability is imposed under the relevant articles of the Criminal Code.
Unfortunately, none of us is immune from violent acts that can cause mild or moderate harm to our health. The Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses of the Russian Federation) and the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) provide for a strict classification, both in determining the degree of harm to health and in the prescribed punishment. The gradation of responsibility accordingly assigns the committed act to either an administrative offense or a criminal offense. When qualifying an act, it is necessary to accurately determine its composition in order to correctly use the available legal remedies.
In our article, we suggest that you familiarize yourself with the definition of beatings and harm to health, as well as answer the key questions, what is the responsibility for beatings and where you should go for help if you are hurt.
What is beatings?
In general, the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation reduce the definition of beatings to the form of violent actions, expressed in the application of multiple blows of various strengths. The result of committing such illegal actions is the infliction of physical pain on the victim.
The subjective side of the act is expressed in guilty and deliberate actions, since it is impossible to inflict many blows through negligence. The composition of the act is material, that is, liability is provided for in the event of minor harm to health in the form of abrasions, bruises, hematomas, etc.
What is the article for beating?
The grounds for dividing responsibility into administrative (Art. 6.1.1. Of the Code of Administrative Offenses of the Russian Federation) and criminal (Art. 116 of the Criminal Code of the Russian Federation) are expressed in the degree of harm caused. By general rule the classic legal fact of beating belongs to the sphere of administrative law enforcement if:
- the offense was committed for the first time;
- not for hooligan motives or for a reason of various kinds hatred or enmity;
- does not entail health disorders.
Note! In the light of the latest legislative innovations, beatings to family and friends are also considered an administrative offense. The provisions on beatings in relation to close relatives with a deciphering of the concept of close relationship were excluded from the Criminal Code of the Russian Federation, but an article was also added for repeated beatings if a person had already been brought to administrative responsibility (Article 116.1 of the Criminal Code of the Russian Federation).
Personal injury or battery - what's the difference?
For the correct classification of committed unlawful acts, it is necessary to distinguish between the concepts of beatings and harm to health. A distinctive characteristic of beatings is that they have the least adverse health consequences for the victim. The beatings are primarily aimed at humiliating human dignity and personality in general, and not so much at causing bodily harm. The purpose of causing harm, as a rule, is to restrict a person's ability to move, carry out labor activities and other daily activities.
Note! The subjective side of causing harm to health can be negligence. This type of act belongs to the sphere of criminal law, except for cases of slight or moderate severity in violation of the rules road traffic(Article 12.24 of the Code of Administrative Offenses of the Russian Federation).
Classification of beatings
As such, the current legislation does not contain a classification of beatings, since the degree of harm to health is classified. It should be understood that inflicting the same beatings in the form of multiple blows can form just the composition of a separate crime if it entails a slight, moderate or severe degree of harm to health.
Thus, when answering the question of what threatens for light beatings, one should refer to Art. 6.1.1. Administrative Code of the Russian Federation and Art. 115 of the Criminal Code of the Russian Federation.
The Code of Administrative Offenses of the Russian Federation shall be applied in the event of exclusively physical pain. The object of the offense is only personal (bodily) inviolability.
The qualifying features of the criminal norm are short-term health disorders and / or persistent loss of general working capacity to an insignificant degree, the degree of guilt is intent. Aggravating circumstances are provided for by Part 2 of Art. 115 of the Criminal Code of the Russian Federation.
The punishment for beatings of moderate severity is provided for in the framework of Art. Art. 112., 113 of the Criminal Code of the Russian Federation. The average severity of the harm inflicted is already expressed by the duration of the health disorder and the persistent loss of general ability to work (less than ⅓). A crime can be committed both intentionally and in view of a difficult life situation (in a state of passion).
Cases of beatings by a group of persons should be noted separately. The qualification of the act will also take place on the basis of the degree of harm caused, but in accordance with Art. 63 of the Criminal Code of the Russian Federation, beating by a group of persons is an aggravating circumstance.
How to correctly record and prove beatings?
As a rule, after inflicting beatings, the victim summons a police squad, or is personally sent to law enforcement to draw up a statement against the offender and to find out what responsibility the offender will bear. The police give the victim a referral to undergo a medical examination to establish the fact and evidence base.
After being beaten, you can also:
- call an ambulance;
- go to the nearest medical aid department (including commercial).
Note! In case of self-application for medical help ask for a certificate of injury. It is advisable to record the received beatings within two days.
In some cases, when calling an ambulance, health workers have the right to independently report injuries to the police.
Where to go for help
For beating, causing harm of light, medium severity and serious harm to health in relation to the guilty person, punishment is provided. The guilt of a person is established in court on the basis of investigative measures carried out by authorized persons.
Criminal prosecution for beating is initiated in private, that is, at the request of the victim.
Thus, the algorithm of actions to protect one's own inviolability is reduced to an appeal to law enforcement agencies, and then to a court.
Let's summarize what was said:
- Responsibility for beatings (whatever they may be: mild or moderate) is provided for in each specific case in accordance with the Code of Administrative Offenses of the Russian Federation or the Criminal Code of the Russian Federation.
- Administrative punishment for beatings is provided only for a single case of violence performed without causing harm to health (including beatings inflicted on a close relative).
- Beatings in the framework of domestic violence, including acts of beatings of a child by parents, are punished in accordance with criminal law (Article 116.1 of the Criminal Code of the Russian Federation) only if the act is repeated, if the perpetrator was previously subjected to administrative punishment (Article 4.6. Administrative Code of the Russian Federation) ...
- The beatings are recorded as part of a medical examination, both in the direction of law enforcement agencies and at the initiative of the victim.
- Protection of the rights of the victim is initiated upon his application to law enforcement agencies and is carried out within the framework of judicial review.
If you still have questions, seek the advice of our qualified specialists who will provide you with the timely assistance you need, both in drafting procedural documents and in developing a strategy for further actions within the framework of the current legislation.
ATTENTION! Due to the latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.
A question for a lawyer:
Hello! we had a corporate party at work and my work colleague and I did not agree, she pounced on me and began to beat me, I have multiple himatomas on my head and on my face on sick leave, I cannot leave for work. She doesn't have a scratch. An hour after the incident I wrote a statement against her to the police and took off the beatings. I am worried that there will be no witnesses and no one wants to take out dirty linen in public. Will I be able to prove her guilt and what threatens her for that? She has no criminal record.
Lawyer's answer to the question:
Natalia! After the inspection, the initiation of a criminal case will most likely be denied, since the actions of your offender have corpus delicti under Art. 116 of the Criminal Code - beatings (with a small probability - slight harm to health). This will not hurt to appeal to the magistrate at the scene of the crime with a statement to initiate a private prosecution case. It would be desirable to find witnesses. If not at all, ensure the attendance of at least indirect witnesses - for example, who was told about the incident immediately after the incident. But then it is not a fact that it will be possible to prove the guilt. If convicted, the girl will be fined. You will also be able to collect non-pecuniary damage. You can and make up.
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Lawyer's answer to the question: punishment for causing minor bodily harm
Hello. Art. 116 of the Criminal Code - beatings - is induced by a fine of up to 40 thousand, or compulsory or corrective labor. There is also arrest as a punishment, but it can hardly be considered. In general, it is better for you to come to terms with her, let her pay compensation. After all, you still have to work with her.
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Lawyer's answer to the question: punishment for light bodily harm
2. The same act committed:
a) from hooligan motives;
Article 116. Beating
2. The same acts committed:
a) from hooligan motives;
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in relation to any social group, -
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What is the punishment by law for causing minor bodily harm? ...
A question for a lawyer:
What is the punishment by law for causing minor bodily harm?
Lawyer's answer to the question: punishment for light bodily harm
This is Article 115 of the Criminal Code of the Russian Federation punishment a fine of up to 40,000 rubles correctional labor up to one year.
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Lawyer's answer to the question: punishment for light bodily harm
punishment in the form of a fine, compulsory or corrective labor
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What will be the punishment for inflicting light bodily harm on a pregnant girl. There are large scratches on the face and head a ...
A question for a lawyer:
What will be the punishment for inflicting light bodily harm on a pregnant girl. There are large scratches on the face and head, as well as for the threat, she threatened to stab her with a knife in the stomach with an iron forged hanger
Lawyer's answer to the question: punishment for light bodily harm
Hello.
Article 115. Intentional infliction of slight harm to health
1. Deliberate infliction of slight harm to health, which caused a short-term disorder of health or a slight persistent loss of general ability to work, -
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to four hundred and eighty hours, or corrective labor for a term of up to one year, or arrest for a term of up to four months.
2. The same act committed:
a) from hooligan motives;
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group;
c) with the use of weapons or objects used as weapons -
shall be punishable by compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or restraint of liberty for a term of up to two years, or compulsory labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term up to two years.
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Lawyer's answer to the question: punishment for light bodily harm
Here, rather, Art. 119 of the Criminal Code should be - the threat of murder or grievous harm. According to Art. 115 of the Criminal Code punishment in the form of a fine, according to 119 of the Criminal Code - and a more serious punishment may be up to imprisonment.
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What is the penalty for causing bodily harm? ...
A question for a lawyer:
Good day! I got into trouble. My son (17 years old) has no criminal record, he is not registered anywhere, he inflicted bodily harm on a 16-year-old boy. The victim has a concussion and a fracture of two vertebrae (which I do not know and in what state the victim is now also no information), while he was waving in front of the victim with a pneumatic pistol. After the fight, the victim himself got up and went home. Tell me, please, what will my son face if a competent lawyer works? Thanks.
Lawyer's answer to the question: punishment for light bodily harm
a criminal case against your son will be initiated on the basis of causing bodily harm;
if they qualify according to Article 112 of the Criminal Code of the Russian Federation - harm to health of moderate severity, then reconciliation is possible;
it is necessary to negotiate with the victim's parents - they have the right to declare material claims (treatment costs) and moral damage;
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Lawyer's answer to the question: punishment for light bodily harm
Apparently, Art. 112 of the Criminal Code.
If a competent lawyer works, the case will end altogether.
This is provided that the son has no criminal record.
True, it will cost you dearly.
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punishment for bodily harm ...
A question for a lawyer:
A 17-year-old boy beat a 20-year-old. Both were drunk. Medical attention was required. Thanks in advance.
Lawyer's answer to the question: punishment for light bodily harm
An additional question.
Vasily, if harm is caused to health, then it is possible to initiate a criminal case under Articles 115,116,112,111 of the Criminal Code of the Russian Federation. Until the severity of the harm to health is determined, it is impossible to predict the punishment. Wait for the expertise.
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Lawyer's answer to the question: punishment for light bodily harm
A 17-year-old young man has already reached the age from which he is subject to criminal prosecution. The corpus delicti will be determined depending on the severity of the harm caused to the victim's health. If just beatings (without the onset of light, moderate or serious harm to health), then this is Art. 116 of the Criminal Code of the Russian Federation:
Article 116. Beating
1. Beating or committing other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, -
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to six months, or arrest for a term of up to three months.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 07.12.2011 N 420-FZ)
2. The same acts committed:
a) from hooligan motives;
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in relation to any social group, -
shall be punishable by compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or restraint of liberty for a term of up to two years, or compulsory labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term up to two years.
Being in a state of alcoholic intoxication does not justify the actions of the perpetrator and does not exempt from criminal liability. Make peace with the injured party, make up for the harm, IN REASONABLE LIMITS !!!
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Lawyer's answer to the question: punishment for light bodily harm
Hello Olga!
It all depends on the degree of harm to health, which is established by a forensic medical examination. The punishment for minors is milder than for adults. In addition, in criminal cases of private prosecution, it is possible to terminate the criminal case. Contact a lawyer if a criminal case is initiated.
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responsibility for minor injuries ...
A question for a lawyer:
Hello, my son was beaten at school by a classmate. They are 13 years old. What can threaten the beaten? Minor injuries (bruises and bruises, but I don’t want it to continue further. I don’t want to punish him for the first time, but I want to threaten him in the future.
Lawyer's answer to the question: punishment for light bodily harm
I agree with the first answer, formally there are signs of corpus delicti under Art. 116 or Art. 115 of the Criminal Code of the Russian Federation, but due to not reaching the age of criminal prosecution, a criminal case will not be initiated. In this situation, it is possible to register with the personal income tax, and it is also possible to file a civil claim in court against the parents of the perpetrator for compensation for material damage and compensation for moral.
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Lawyer's answer to the question: punishment for light bodily harm
Constantine, I believe, can be limited to an educational conversation with the involvement of the parents of the offender.
Sincerely, General Director of the Legal Center "Zeus", Stepanov Vadim Igorevich.
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Lawyer's answer to the question: punishment for light bodily harm
What can threaten the beaten?
Qualifications (most likely) should be according to Part 1 of Article 116 of the Criminal Code of the Russian Federation, but he is not subject to criminal liability due to his age. They will hold a professional conversation with him and his parents, possibly register with the KDN.
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No criminal record, but was registered for a fight, causing minor bodily harm ...
A question for a lawyer:
No criminal record, but was registered for a fight, causing minor bodily harm
Lawyer's answer to the question: punishment for light bodily harm
Hello. Yes, they will. And they will take it under the contract if you want.
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What will be the punishment for causing minor bodily harm? ...
A question for a lawyer:
Good morning. What will be the punishment for inflicting light bodily harm? thanks for the answer
Lawyer's answer to the question: punishment for light bodily harm
Article 115. Intentional infliction of slight harm to health
1. Deliberate infliction of slight harm to health, which caused a short-term disorder of health or a slight persistent loss of general ability to work, -
(as amended by Federal Law of 08.12.2003 N 162-FZ)
(see text in previous edition)
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to four hundred and eighty hours, or corrective labor for a term of up to one year, or arrest for a term of up to four months.
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What punishment will a neighbor incur for inflicting light bodily? ...
A question for a lawyer:
What punishment will a neighbor incur for inflicting light bodily?
Lawyer's answer to the question: punishment for light bodily harm
Code of the Republic of Belarus on Administrative Offenses
Article 9.1. Intentional infliction of bodily harm
Intentional infliction of bodily injury, which did not entail a short-term health disorder or insignificant persistent disability, -
shall entail the imposition of a fine in the amount of ten to thirty basic units or administrative arrest.
Criminal Code of the Republic of Belarus
Article 153. Intentional infliction light bodily damage
Intentional infliction of minor bodily injury, that is, injury that entailed a short-term health disorder or insignificant permanent disability, -
is punished with community service, or a fine, or correctional labor for a term of up to one year, or arrest for a term of up to three months.
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What threatens a minor (11 years old) for deliberate infliction of light bodily harm, traces of which have not been found ...
A question for a lawyer:
What threatens a minor (11 years old) for deliberate infliction of light bodily harm, traces of which have not been found, to a minor (11 years old)
Lawyer's answer to the question: punishment for light bodily harm
Hello! Registration
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What is the punishment for causing minor bodily harm (eyebrow cut) ...
A question for a lawyer:
What is the punishment for causing minor bodily harm (eyebrow cut)
Lawyer's answer to the question: punishment for light bodily harm
1. Deliberate infliction of slight harm to health, which caused a short-term disorder of health or a slight persistent loss of general ability to work, -
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to four hundred and eighty hours, or corrective labor for a term of up to one year, or arrest for a term of up to four months.
1. Beating or committing other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, -
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to six months, or arrest for a term of up to three months.
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what punishment can a school technician receive for causing minor bodily harm ...
A question for a lawyer:
The attendants at the school (the technician) inflicted minor bodily harm on my daughter a week ago, thought that the headmaster would correctly assess the situation and put all the points with the least loss for all parties, but he did not, defended the obper., Stating that I bring up my child poorly and at the same time spoke in a raised voice, I want to somehow influence the situation.
Lawyer's answer to the question: punishment for light bodily harm
If you go to court and establish the guilt of the defendant, then the guilty person in accordance with Art. 116 of the Criminal Code of the Russian Federation, will be held liable by a court verdict !!!
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For how long is a driver's license deprived for driving while intoxicated and causing minor bodily harm as a result of an accident to another person ...
A question for a lawyer:
There were two courts: 1. They were deprived of the license for drunk driving for 1 year and 10 months in April 2010; 2 the court in August 2010 was deprived of the license for 1 year and 6 months. Are these punishments summed up, or is more being swallowed up by less? Thanks.
Lawyer's answer to the question: punishment for light bodily harm
Summed up - part 3 of Art. 32.7. Administrative Code of the Russian Federation.
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What is the punishment for causing grievous bodily harm in an accident without being guilty of it? ...
A question for a lawyer:
The car in front of me braked sharply and I drove into the oncoming lane. there was a collision with an oncoming car, the driver of which was seriously injured. I ask you to clarify what the maximum punishment I am facing.
Lawyer's answer to the question: punishment for light bodily harm
Hello Svetlana!
You have violated at least clause 10.1 of the SDA:
"If a traffic hazard arises that the driver is able to detect, he must take possible measures to reduce the speed until the vehicle stops."
Please note - do not turn the steering wheel when flying into the oncoming lane, but take possible measures to reduce the speed up to a stop.
If the victim is found to have serious harm to health, a criminal case will be initiated against you under Part 1 of Art. 264 of the Criminal Code of the Russian Federation:
Violation by a person driving a car, tram or other mechanical vehicle, traffic rules or the operation of vehicles, entailing by negligence the infliction of serious harm to human health, -
shall be punishable by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to two years, with or without deprivation of the right to drive a vehicle for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with imprisonment the right to drive a vehicle for up to three years or without.
The criminal case under Part 1 of Art. 264 of the Criminal Code of the Russian Federation can be terminated due to the reconciliation of the parties (Article 25 of the Criminal Procedure Code of the Russian Federation) if you have reconciled with the victim and made amends for the harm caused to him
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what is the penalty for causing minor bodily harm? ...
A question for a lawyer:
A neighbor scratched the head and tore the T-shirt of my child (12 years old) accusing him of something he did not do (there are witnesses) Traces of her actions are recorded in the trauma. the police said that most likely nothing will happen to her! 3 weeks have passed, no one has been interviewed ...
Lawyer's answer to the question: punishment for light bodily harm
You should take the order from the police to refuse to initiate a criminal case, and go to court for private prosecution.
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Lawyer's answer to the question: punishment for light bodily harm
Will! And how.
Of course, light bodily harm and battery are private crimes.
That is, the parents, on behalf of the minor, go to court and prosecute the culprit.
But I advise you to apply to the prosecutor's office and ask the prosecutor on behalf of the state to initiate a criminal case, since the victim is a minor.
Criminal Code of the Russian Federation - Article 115. Intentional infliction of minor harm to health
1. Deliberate infliction of slight harm to health, which caused a short-term disorder of health or a slight persistent loss of general ability to work, -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of one hundred and eighty to two hundred and forty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to four months.
Article 116. Beating
1. Beating or committing other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory labor for a term of one hundred and twenty to one hundred and eighty hours, or corrective labor for a term of up to six months, or arrest for a term of up to three months.
Be sure to contact your district attorney.
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What is the punishment for inflicting light bodily harm and insulting a person with obscene language ...
A question for a lawyer:
What is the punishment for inflicting light bodily harm and insulting a person with obscene language?
Lawyer's answer to the question: punishment for light bodily harm
RF Criminal Code
Article 116. Beating
1. Beating or committing other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, -
(as amended by Federal Law of 08.12.2003 N 162-FZ)
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to six months, or arrest for a term of up to three months.
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What happens for inflicting light bodily harm and subsequently the scars on the face were refused to initiate a criminal case ...
A question for a lawyer:
What happens for causing minor bodily harm and subsequently the scars on the face refused to initiate a criminal case
Lawyer's answer to the question: punishment for light bodily harm
If scars remain, we can talk about indelible disfigurement of the face, and this is already serious harm to health. Appeal against the refusal to initiate a criminal case to the prosecutor's office, court. If we are talking only about causing minor harm to health, then the application must be addressed to the magistrate.
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What is the penalty for causing minor bodily harm with a bat? ...
A question for a lawyer:
What is the penalty for light injury with a bat?
Lawyer's answer to the question: punishment for light bodily harm
Article 115. Intentional infliction of slight harm to health
1. Deliberate infliction of slight harm to health, which caused a short-term disorder of health or a slight persistent loss of general ability to work, -
(as amended by Federal Law of 08.12.2003 N 162-FZ)
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to four hundred and eighty hours, or corrective labor for a term of up to one year, or arrest for a term of up to four months.
(as amended by Federal Laws of 08.12.2003 N 162-FZ, of 07.03.2011 N 26-FZ, of 07.12.2011 N 420-FZ)
2. The same act committed:
a) from hooligan motives;
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in relation to any social group, -
shall be punishable by compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or restraint of liberty for a term of up to two years, or compulsory labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term up to two years.
(as amended by Federal Law of 07.12.2011 N 420-FZ)
(Part two as amended by Federal Law of 24.07.2007 N 211-FZ)
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Hello! what could be the father for causing minor injuries to his daughter (13 years old) she is in the hospital ...
A question for a lawyer:
Hello! what could be the father for causing minor bodily harm to his daughter (13 years old), she is in the hospital and criminal proceedings have been instituted against him ??? thanks
Lawyer's answer to the question: punishment for light bodily harm
Article 126 of the Criminal Code of Ukraine
1. Deliberately striking, beating or committing other violent actions that caused physical pain and did not entail bodily harm, -
shall be punishable by a fine up to fifty tax-free minimum incomes, or community service for a term of up to two hundred hours, or correctional labor for a term of up to one year.
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What is the punishment for inflicting light bodily harm, for insulting a person with obscene language. The beatings ...
A question for a lawyer:
What is the punishment for inflicting light bodily harm, for insulting a person with obscene language? The beatings were recorded, the statement was written.
Lawyer's answer to the question: punishment for light bodily harm
Article 116 of the Criminal Code of the Russian Federation and Article 5.61 of the Administrative Code of the Russian Federation.
Apply with a statement to the magistrate.
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How will it be convicted of causing minor bodily harm? What is the possible amount of non-pecuniary damage? ...
A question for a lawyer:
Hello. My husband's ex-wife attacked me with fists, obscene insults, and threats of murder in a crowded place. Her accusations are aimed at the fact that I stole her husband (they are divorced, no children). The meeting happened by chance. I immediately wrote a statement to the police, went to the emergency room (bruises and abrasions on my legs, swollen ear and neck that didn’t turn). What are the actions of justice in this case? Will there be an article and what kind? Is it possible to claim compensation for moral damage? If so, how much?
Lawyer's answer to the question: punishment for light bodily harm
Hello Irina.
In the case you described, bodily injury will most likely qualify as beatings (Art. 116 of the Criminal Code of the Russian Federation). The police will refuse to open a criminal case and you will be advised to apply to the court with an application to initiate a private prosecution. This is indeed the case. You should apply to the magistrate at the scene of the crime with a statement to initiate a private prosecution. The sanctions under this article are up to a fine of 40,000. The fine is in favor of the state. You can also ask to recover the moral harm caused to you, tk. You have suffered physical suffering. How much to ask for is up to you, there are no methods for calculating moral damage. You can ask for 50-100 thousand rubles, but the amount of compensation for moral damage will not be very large, you should not flatter yourself on this score.
Sincerely,
lawyer Nikolaev D.K.
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What is the punishment for causing minor bodily harm without witnesses? ...
A question for a lawyer:
What is the penalty for causing minor bodily harm without witnesses?
Lawyer's answer to the question: punishment for light bodily harm
It doesn't matter, with or without witnesses. It is important that the fact of deliberate infliction of minor harm to health (Article 115 of the Criminal Code of the Russian Federation) or Beating (Article 116 of the Criminal Code of the Russian Federation) was established by the court. Depending on the article, there will be a punishment. If this fact is not established, then there will be no punishment.
Article 115. Intentional infliction of slight harm to health
1. Deliberate infliction of slight harm to health, which caused a short-term disorder of health or a slight persistent loss of general ability to work, -
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to four hundred and eighty hours, or corrective labor for a term of up to one year, or arrest for a term of up to four months.
2. The same act committed:
a) from hooligan motives;
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in relation to any social group, -
shall be punishable by compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or restraint of liberty for a term of up to two years, or compulsory labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term up to two years.
Article 116. Beating
1. Beating or committing other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, -
shall be punishable by a fine in an amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term of up to three hundred and sixty hours, or corrective labor for a term of up to six months, or arrest for a term of up to three months.
2. The same acts committed:
a) from hooligan motives;
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in relation to any social group, -
shall be punishable by compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or restraint of liberty for a term of up to two years, or compulsory labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term up to two years.
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