Lawyer for personal injury cases in Voskresensk

Causing grievous bodily harm provides for criminal liability from the very beginning in the form of a maximum penalty of 8 years of imprisonment, which refers to Art. 111 of the Criminal Code of the Russian Federation to the number of serious crimes.

Decisive, but not the final role in qualifying a criminal act under Art. 111 of the Criminal Code of the Russian Federation plays a role in forensic medical examination to determine the severity of harm to health; this can only be determined by a specialist according to certain criteria. Such an examination is usually carried out even before the initiation of a criminal case at the verification stage in accordance with Art. 144-145 Code of Criminal Procedure of the Russian Federation. Another, no less important for qualification, feature that makes it possible to qualify a crime under Art. 111 of the Criminal Code of the Russian Federation is intent. This crime is characterized by direct intent; the infliction of grievous bodily harm must occur as a result of intentional actions.

Causing harm to health, assistance from a lawyer, recommendations

Personal injury lawyer

People who are accused of causing harm to health of varying severity, as well as their relatives, often turn to a lawyer for defense.
The services of a lawyer in cases of personal injury are necessary for suspects accused in criminal cases of crimes under such articles of the Criminal Code as Art. 111 of the Criminal Code of the Russian Federation, art. 112 of the Criminal Code of the Russian Federation, Art. 113 of the Criminal Code of the Russian Federation, Art. 114 of the Criminal Code of the Russian Federation, art. 115 of the Criminal Code of the Russian Federation, Art. 118 of the Criminal Code of the Russian Federation. Also included in this category are crimes in which, although no harm is caused to health, physical pain is caused to the victim as a result of violent acts. Such crimes are provided for in Art. 116 of the Criminal Code of the Russian Federation – beatings, Art. 116.1 of the Criminal Code of the Russian Federation - battery by a person subjected to administrative punishment for a similar act, as well as Art. 117 of the Criminal Code of the Russian Federation – torture.

A personal injury lawyer also has the right to provide legal assistance and support to the victim, acting as his representative, both during the preliminary investigation of a criminal case and in court. Assistance to the victim in cases of personal injury is mainly required to compensate for the harm caused by the crime and to ensure that the perpetrator is given a fair punishment.

Also, in some cases, legal assistance is required by a witness in a criminal case, namely a person who considers himself innocent and is involved in the case (in some cases temporarily) as a witness, for example, under Part 4 of Art. 111 of the Criminal Code of the Russian Federation (causing grievous bodily harm resulting in the death of the victim through negligence). In such cases, the status of a witness is unreliable. An innocent witness, having uttered one wrong word, can suddenly turn into a suspect with all the ensuing tragic consequences in the form of a long term of imprisonment. Read more below.

A personal injury lawyer in Voskresensk provides services in the city of Voskresensk and Voskresensky district, cities of the Moscow region, Moscow, as well as in other cities and regions of Russia.

How can a personal injury lawyer help?

A lawyer in cases of personal injury in Voskresensk will help give the correct initial explanations at the stage of pre-investigation check, initial testimony during interrogation as a suspect. Giving correct initial testimony, even if “wrong” explanations are given to potential suspects at the pre-investigation stage, can later lead to a more favorable outcome, and sometimes even an acquittal.

Also, the lawyer, providing defense, will collect or help the suspect or accused to collect the necessary evidence, characterizing data, certificates, and identify mitigating circumstances that can significantly reduce the punishment. If necessary, will conduct a legal investigation, interview witnesses and eyewitnesses, make inquiries to government agencies and other organizations in order to clarify circumstances significant to the case. If necessary, the defense attorney will appeal the actions (inaction) of the investigator, investigator, prosecutor, appeal the verdict or other judicial act, take other actions aimed at protecting the suspect, accused, and defend the rights and legitimate interests of the victim.

Thus, a lawyer in cases of personal injury will provide comprehensive legal support to his client and ensure that the rights of the suspect, accused, and victim are respected. It will help the accused choose the right position in the case and choose a line of defense during the investigation and in court that will allow him to reclassify the crime, reduce the amount of punishment, and sometimes avoid criminal liability altogether. Also, if a lawyer provides legal assistance to the victim, then compensation for harm and fair punishment for the perpetrator of the crime will be ensured.

It is also worth noting that harm to health, namely the degree of harm caused, can be determined with the help of a specialist - a forensic expert. Therefore, in such cases, a forensic medical examination is always carried out in order to establish the harm to health and the severity of bodily injuries.

If the examination was carried out biasedly, the lawyer will challenge the expert’s conclusion, achieve a repeat or additional examination, posing new questions to the expert. By challenging the examination, there is a chance to reclassify the act to a less serious offense, and under certain circumstances, even receive an acquittal.

When a lawyer participates on the side of the victim, he will challenge the examination if the expert gives a conclusion about less harm to health than was actually caused to the victim. For example, according to the expert’s opinion, slight harm to health is determined, while for objective reasons, in accordance with the Medical Criteria and the Rules for determining the severity of harm caused to human health, the harm caused to the victim should be determined as harm to health of moderate severity. It is necessary to challenge the examination in this case because such an incorrect expert opinion affects the qualification of the crime, and, accordingly, the amount of compensation to the victim and the assignment of a fair punishment to the accused.

Lawyer for personal injury cases in Voskresensk:

Provides advice on legal issues, law enforcement practice and other legal issues in a personal injury case;
Will provide qualified assistance and legal support to the suspect, accused, defendant, victim, witness during investigative actions, as well as in court;
Will assist in reconciliation with the victim on mutually beneficial terms;
Provide assistance and support to the victim in compensating for harm and imposing a fair punishment on the accused;
It will help to give the correct initial explanations at the pre-investigation stage, initial testimony after the initiation of a criminal case, which in the future can lead to a more favorable outcome, and sometimes even an acquittal;
Submit a petition during the investigation or in court to select a preventive measure not related to imprisonment against his client;
Challenge the expert’s opinion, which will allow the charge to be reclassified to a less serious one;
Determine mitigating circumstances in the case of causing harm to health, which can significantly reduce the punishment;
Will achieve reclassification to a less serious crime;
A lawyer in cases of personal injury has the right to conduct his own legal investigation, interview eyewitnesses, witnesses and other persons who can report on circumstances that are significant for the criminal case and that can lead to its most favorable outcome;
Collect and present to the investigator, to the court, evidence excluding the client’s criminal liability or proving his innocence;
Will collect the necessary certificates, characteristics, for this, a lawyer in cases of personal injury has the right to make legal requests to various state and non-state bodies, institutions and organizations;
Draw up and submit complaints to the prosecutor's office, to the court in connection with procedural violations committed by the preliminary investigation bodies, make statements, file petitions, for example, to declare evidence inadmissible and to exclude inadmissible evidence;
If necessary, appeals against the actions (inactions) of law enforcement officers and the court;
Appeals the verdict and other court decisions in a criminal case;
Will provide legal assistance in the execution of a sentence and release from punishment (for example, on parole and other legal issues related to the execution of a sentence and release from punishment);
Will provide other legal assistance in cases of personal injury.

Cases of personal injury, as well as those causing physical pain, are quite complex criminal cases, they have their own specifics of defense and proof, so the timely entry of a lawyer into the case can significantly affect the further investigation and trial, and ultimately the outcome of the case.

Types of causing grievous harm by negligence

Article 118 of the Criminal Code deals with causing grievous bodily harm through negligence. Injuries of moderate severity, light or committed for other reasons are subject to regulation, respectively, in other articles of the Criminal Code.

Thus, causing serious and moderate harm for various reasons (intentional, in a state of passion or exceeding the required level of protection) is described in Articles 111 to 114. Causing light intentional harm is in Article 115.

Severe injuries include the following injuries received during an accident, production process, treatment or other actions:

Threat to life, which may result in death
Loss of vision, hearing, ability to speak, any organ
Loss of the ability of one of the organs to perform its functions
Mental illnesses, including drug addiction
Involuntary termination of pregnancy
Significant deterioration in appearance

Also, all injuries as a result of which a person has lost his ability to work by at least a third of the condition before the accident or other fact of harm. This category includes all cases where the loss of ability to work lasts more than 120 days.

The basis for determining the severity of damage to health is a medical report. The accused may insist on an independent medical examination of the victim if he has doubts about the reliability and objectivity of the documents provided.

Defense in personal injury cases

Lawyer under Art. 111 of the Criminal Code of the Russian Federation

Article 111 of the Criminal Code of the Russian Federation – Intentional infliction of grievous bodily harm

The crimes provided for in various parts of this article are the most serious and belong to the category of grave and especially grave crimes, and provide for fairly severe punishments in the form of long terms of imprisonment.

Part 1 art. 111 of the Criminal Code of the Russian Federation provides for punishment of up to 8 years in prison.

Investigative authorities often charge Art. 111 part 1 of the Criminal Code of the Russian Federation, while according to the circumstances of the incident, signs of other, less serious crimes are seen. For example, causing serious harm to health can occur when the limits of self-defense or measures taken to detain a person who committed a crime (Article 114 of the Criminal Code of the Russian Federation) are exceeded, in a state of passion (Article 113 of the Criminal Code of the Russian Federation) or through negligence (Article 118 of the Criminal Code of the Russian Federation) .

However, it is beneficial for both the operatives and the investigator to be charged with a more serious article of the Criminal Code, because this is an indicator of their work (they have solved a more serious crime).

A lawyer for causing grievous bodily harm will challenge the expert’s conclusion and present evidence to achieve reclassification of the act to a less serious charge. Also, a lawyer under Article 111 of the Criminal Code can achieve the dismissal of a criminal case by proving the non-involvement of the accused in the commission of a crime.

Part 2 Art. 111 of the Criminal Code of the Russian Federation provides for punishment of up to 10 years in prison.

Intentional infliction of grievous bodily harm, a crime under Part 2 of Art. 111 of the Criminal Code of the Russian Federation, which can be committed out of hooligan motives (point “e”), with the use of weapons or objects used as weapons (point “h”), in a generally dangerous manner (point “c”), for hire (point “d”) "), as well as under other aggravating circumstances (qualifying characteristics).

However, the most common sign of “hooligan motives” is often “far-fetched” and is imputed unreasonably.

Causing grievous bodily harm “with the use of weapons or objects used as weapons” is also sometimes charged unreasonably, since under certain circumstances this may be an excess of the limits of necessary defense (Article 114).

Challenge qualifications under Part 2 of Art. 111 of the Criminal Code of the Russian Federation, that is, only a highly qualified specialist, such as an experienced lawyer in cases of personal injury, can prove the unfoundedness of the charges under this part, as well as achieve reclassification to a less serious crime or even achieve the termination of the criminal case.

Regardless of what qualifying signs of harm to health you are charged with, it is recommended not to give explanations and testimony without your lawyer, using Art. 51 of the Constitution of the Russian Federation. Only after talking with your lawyer can you decide together on further actions in the case, as well as whether or not to give evidence at the moment.

Part 3 of Article 111 of the Criminal Code of the Russian Federation provides for punishment of up to 12 years in prison.

Intentional infliction of grievous bodily harm, a crime under Part 3 of Art. 111 of the Criminal Code of the Russian Federation can be committed by a group of persons, a group of persons by prior conspiracy or an organized group (clause “a”), in relation to two or more persons (clause “b”).

Also, under certain circumstances, causing grievous bodily harm to two or more persons may be a consequence, for example, of exceeding the necessary defense, or even the necessary defense, which will lead to justification. However, it is almost impossible to prove this without the help of a lawyer.

Part 4 of Article 111 of the Criminal Code of the Russian Federation

Intentional infliction of grievous bodily harm, which negligently resulted in the death of the victim, is the most serious especially grave crime in this category of criminal cases and carries a penalty of up to 15 years in prison .

According to Art. 111 part 4 the services of a lawyer are extremely necessary for the suspect, accused, and witness.

If you have been detained on suspicion of causing grievous bodily harm resulting in the death of a person, it is highly recommended to use Art. 51 of the Constitution of the Russian Federation and do not give explanations or testimonies without YOUR lawyer. Do not believe the persuasion of law enforcement officers that you just need to confess, they will help you and assist you in assigning a minimum, maybe even a suspended sentence under Art. 111 part 4 of the Criminal Code. Refuse the “good lawyer” imposed by operatives or investigators. Demand to contact YOUR lawyer or relatives who can provide you with legal protection as soon as possible. Timely provision of the participation of a defense lawyer in such a criminal case can radically change the situation in favor of the suspect or accused.

Read more about the recommendations of a defense lawyer in personal injury cases below.

I'm innocent, I'm a witness, do I need a lawyer?

“I am innocent, and I have nothing to fear!” This is what many innocent witnesses think under Part 1 of Art. 111 of the Criminal Code, starting without a lawyer to communicate with law enforcement officers - operatives, investigators. However, this is a serious mistake!!!

It is not recommended, even if you are innocent , but only a witness under Art. 111 part 4 of the Criminal Code of the Russian Federation , communicate with operatives and investigators without a lawyer. The status of an innocent witness in such cases is very precarious. You have just been a witness and one careless word and you are already a suspect, then accused with all the ensuing sad consequences in the form of a long prison term. You can read about the precarious status of a witness in the article “Lawyer for a witness in a criminal case, protection of a witness in a criminal trial,” as well as in the article “Lawyer for a murder.”

Lawyer under Art. 112 of the Criminal Code of the Russian Federation

Article 112 of the Criminal Code of the Russian Federation – Intentional infliction of moderate harm to health

Part 1 of Article 112 of the Criminal Code of the Russian Federation provides for punishment of up to 3 years in prison.

Intentional infliction of moderate harm to health, a crime that is not life-threatening, but has resulted in long-term health disorder or significant permanent loss of general ability to work by less than one third.

Part 2 of Article 112 of the Criminal Code of the Russian Federation provides for punishment of up to 5 years in prison;

Intentional infliction of moderate harm to health, a crime under Part 2 of Art. 112 of the Criminal Code of the Russian Federation, which can be committed against two or more persons (point “a”), by a group of persons, by a group of persons by prior conspiracy or by an organized group (point “d”), for hooligan reasons (point “e”), with the use of weapons or objects used as weapons (clause “h”), as well as other qualifying criteria.

In practice, it is also quite often “pulled by the ears,” that is, paragraph “e” of Part 2 of Art. 112 of the Criminal Code – causing harm to health “out of hooligan motives”, and this significantly increases the sentence. If you actually caused harm to your health of moderate severity, but you did not have hooligan motives, then a lawyer under Article 112 of the Criminal Code is able to prove the absence of hooligan motives and achieve reclassification to a less serious crime.

Challenge qualifications under Art. 112 Part 2 of the Criminal Code, as well as an expert’s opinion, can only be done by a competent lawyer in cases of causing harm.

Lawyer under Art. 113 of the Criminal Code of the Russian Federation

Article 113 of the Criminal Code of the Russian Federation – Causing grievous or moderate harm to health in a state of passion

Article 113 of the Criminal Code of the Russian Federation provides for punishment of up to 2 years in prison.

Causing harm to health in a state of passion is quite difficult to prove. If you caused serious or moderate harm to health, while, in your opinion, you were in a state of passion, they will most likely try to charge you under the more serious Article 111 or 112 of the Criminal Code of the Russian Federation, which provide for much more severe penalties and are beneficial to the authorities preliminary investigation, since solving the most serious crimes is an indicator of their work.

Only the assistance of a lawyer under Article 113 of the Criminal Code will eliminate qualification under the most serious article and ensure a favorable outcome of the case, the imposition of a non-custodial sentence or acquittal.

Lawyer under Art. 114 of the Criminal Code of the Russian Federation

Article 114 of the Criminal Code of the Russian Federation - Causing grievous or moderate harm to health in excess of self-defense

Part 1 of Article 114 of the Criminal Code of the Russian Federation provides for punishment of up to 1 year in prison.

The state of the necessary defense is quite difficult to prove. If you have caused serious harm to a person while defending yourself or others from an assault involving life-threatening violence or an immediate threat of such violence, and, in your opinion, you have not exceeded the necessary defense, you urgently need to seek the services of a specialist, such as an experienced personal injury attorney.

Otherwise, law enforcement officers will easily “draw” for you at least this part of the article, namely, causing grievous harm to health when exceeding the limits of necessary defense, that is, Art. 114 part 1 of the Criminal Code of the Russian Federation. But most likely they will try to accuse you under Part 1, 2 or 3 of Art. 111 of the Criminal Code, which provides for long terms of imprisonment. For example, according to Part 2 of Art. 111 of the Criminal Code of the Russian Federation, which provides for punishment of up to 10 years in prison, qualifying this as intentional infliction of grievous bodily harm with the use of weapons or objects used as weapons.

And only a competent defense attorney in cases of personal injury, having found out all the circumstances, will be able to determine whether this was a necessary defense or an excess of it. If this was indeed a necessary defense, then the lawyer will not allow you to be held criminally liable. If, however, due to the circumstances of the case, the limits of necessary defense were exceeded, then the lawyer will exclude the possibility of qualifying the act under Art. 111 of the Criminal Code.

Part 2 of Article 114 of the Criminal Code of the Russian Federation provides for punishment of up to 2 years in prison.

When detaining a person who has committed a crime, the necessary measures may be exceeded, which may result in serious or moderate harm to health. Causing harm to health must be done intentionally.

The Supreme Court of the Russian Federation in its Resolution of the Plenum “On the application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime” explained that not only law enforcement officers, but also other persons, for example, victims of a crime, eyewitnesses, as well as persons who became aware of the commission of a crime.

Within the meaning of Part 1 of Art. 38 of the Criminal Code of the Russian Federation, harm caused to a person who committed a crime during his detention can be recognized as lawful only if it was not possible to detain such a person by other means.

If you are accused under this part, then a lawyer under Article 114 of the Criminal Code, providing legal assistance, under certain circumstances, will be able to prove that the harm to health was caused unintentionally, and also that it was impossible by other means to detain the person who committed the crime, which will lead to the termination of the criminal case or an acquittal in court.

Lawyer under Art. 115 of the Criminal Code of the Russian Federation

Article 115 of the Criminal Code of the Russian Federation – Intentional infliction of minor harm to health

Part 1 of Article 115 of the Criminal Code of the Russian Federation provides for punishment - from a fine, compulsory and correctional labor to 4 months of arrest.

Part 2 of Article 115 of the Criminal Code of the Russian Federation, as well as some articles on causing harm, provides for aggravating characteristics “from hooligan motives” or “using weapons or objects used as weapons” and others.

Investigators often classify a crime under paragraph “a” of Part 2 of Art. 115 of the Criminal Code of the Russian Federation, that is, causing minor harm to health “out of hooligan motives.” In most cases, as well as under other articles of causing harm, this symptom is imputed unreasonably. Whereas the court under Part 2 of Art. 115 of the Criminal Code may impose actual imprisonment for up to 2 years.

If you find yourself in such a situation and you are unfoundedly accused under paragraph “a” of Part 2 of Art. 115 of the Criminal Code – causing minor harm to health “out of hooligan motives”, then the participation of a lawyer will eliminate this possibility. The lawyer, having determined the circumstances of the case, will identify witnesses who will refute hooligan motives, interview them and present their explanations to the investigator with a request to call and interrogate them as witnesses, thereby achieving reclassification of Part 2 of Art. 115 of the Criminal Code for a less serious crime.

In addition, sometimes the victim may experience injuries immediately before or immediately after a conflict with the suspect or accused. If such circumstances are known, then the lawyer in this case will help identify witnesses who can confirm this, will get them questioned by the investigator, which in some cases, together with the expert’s opinion, will allow not only to reclassify the act to a less serious charge, but also to achieve the termination of the criminal case affairs.

If the examination was carried out biasedly, and judging by the nature of the injuries, in accordance with Medical criteria, such injuries are regarded as not causing harm to health, a lawyer under Article 115 of the Criminal Code will challenge the expert’s conclusion, achieve the appointment of a repeat or additional examination, which will allow the charge to be reclassified to a less serious one.

Having challenged the expert’s conclusion and the qualifying features of Part 2 of Art. 115 of the Criminal Code of the Russian Federation, under certain circumstances, a lawyer in cases of minor bodily harm will be able to achieve the termination of a criminal case during an inquiry or an acquittal in court.

Lawyer under Art. 118 of the Criminal Code of the Russian Federation

Article 118 of the Criminal Code of the Russian Federation – Causing grievous harm to health through negligence

Part 1 of Article 118 of the Criminal Code of the Russian Federation – causing grievous bodily harm through negligence provides for punishment from a fine to 6 months of arrest.

As a rule, causing grievous harm through negligence is associated with a gross violation and non-compliance with rules in the field of household safety or professional activity.

Part 2 Art. 118 of the Criminal Code of the Russian Federation – causing grievous harm to health through negligence due to improper performance of one’s professional duties. Punishment under Art. 118 part 2 of the Criminal Code of the Russian Federation may be one of the following.

restriction of freedom for up to 4 years;
forced labor for up to 1 year with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years;
forced labor for up to 1 year WITHOUT DEprivation of the right to occupy certain positions or engage in certain activities;
imprisonment for up to 1 year with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years;
imprisonment for up to 1 year WITHOUT DEprivation of the right to occupy certain positions or engage in certain activities.

Lawyer under Part 2 of Art. 118 of the Criminal Code of the Russian Federation in Voskresensk will help to achieve a punishment not related to imprisonment and WITHOUT DEPRIVATION OF THE RIGHT to hold certain positions or engage in certain activities, and also, in some cases, to legally terminate a criminal case and not receive a criminal record.

Composition of the crime (causing grievous bodily harm through negligence)

The classification of any illegal action begins with the reconstruction of the crime, namely, clarification of the subjective and objective aspects of the act, as well as the subject and object of the crime.

Article 118 of the Criminal Code of the Russian Federation considers the infliction of grievous bodily harm by negligence and determines the penalties for it. In this case, the subject of the crime can be any person over 16 years of age. The following individuals most often fall into this category:

Participants in an accident who caused harm to the health of a third party for objective reasons beyond their control (for example, car breakdown, deterioration of the driver’s health, the emergence of a situation dangerous in relation to the accident, and so on)
Persons responsible for compliance with safety regulations, at whose subordinate facilities an emergency situation occurred and serious harm to health was caused due to negligence
Military personnel and other categories of officials carrying weapons.
Medical workers, as a result of whose careless actions or accidental inaction, a person was seriously injured
Organizers of sports or holiday organizations that resulted in mass or isolated incidents of damage
Professional carriers of any modes of transport whose transport (road, sea or air) has suffered an accident due to improper operation

Lawyer in Voskresensk for beatings, torture

Lawyer under Art. 116 of the Criminal Code of the Russian Federation – beatings

A lawyer under Article 116 of the Criminal Code of the Russian Federation in Voskresensk is mainly necessary for a suspect accused of beatings or violent acts that caused physical pain, which were committed with hooligan motives.

By challenging the fact that the beatings were committed out of hooligan motives, the lawyer will be able to get the criminal case dismissed. In addition, there are other legal ways to terminate a criminal case under Art. 116 of the Criminal Code of the Russian Federation, which, under certain circumstances, a lawyer can use when providing legal assistance to his client.

This article provides for punishment of up to 2 years in prison.

Article 116.1 of the Criminal Code of the Russian Federation - Battery by a person subject to administrative punishment , provides for punishment from a fine to 3 months of arrest.

Lawyer under Art. 117 Criminal Code – Torture

This crime is mainly committed in everyday life. For example, domestic violence does not always end in a one-time beating. Often these beatings and other violent actions are systematic. This causes considerable physical or mental suffering to the injured party. Such acts of a domestic tyrant-torturer are punishable under Art. 117 of the Criminal Code of the Russian Federation.

Prosecution under this article is possible only in cases where beatings or other violent actions are of a systemic nature, i.e. if they are committed 3 or more times, which must be objectively confirmed.

A lawyer under Article 117 of the Criminal Code - torture, while defending a suspect or accused, will try to prove that there is no system in the actions of his client. This will help reclassify the charge to another less serious charge, for example to Part 1 of Art. 115 of the Criminal Code of the Russian Federation, which does not provide for imprisonment, and in some cases, to terminate a criminal case for lack of corpus delicti.

Part 1 art. 117 of the Criminal Code of the Russian Federation provides for punishment of up to 3 years in prison.

Part 2 of Article 117 of the Criminal Code of the Russian Federation provides for torture, only with aggravating features. When systematic beatings or other violent acts causing physical or mental suffering, for example, are committed against two or more persons, a pregnant woman, a minor or a person in a helpless state or in financial or other dependence on the perpetrator, as well as a kidnapped or captured as a hostage, with the use of torture, as well as by a group of persons, a group of persons by prior conspiracy or an organized group and in the presence of other aggravating features, then such actions fall under the elements of a crime under Art. 117 part 2 of the Criminal Code of the Russian Federation.

Punishment under this part is provided for from 3 to 7 years of imprisonment.

What distinguishes beatings from minor injuries?

The concept of “beating” differs from causing minor injuries in that in the first case there may be no scratches or bruises on the victim’s body. To bring the offender to justice, the sensation of severe physical pain is enough. When considering minor injuries, medical expertise is assumed.

Since obvious evidence of beatings may not be found, they use:

video camera recording;
witness statements;
testimonies of people who provided assistance.
examination recording the presence of headache.

The application is sent to the magistrate at the place of residence of the accused. The case is considered without a prosecutor, the applicant independently builds a line of accusation, and also provides the opportunity to close the case at any stage, that is, to withdraw his statement from the police station or court.

Lawyer's recommendations

Causing harm to health - lawyer's recommendations

Immediately after detaining a person suspected of causing harm to health, operational officers often exert powerful moral, psychological, and possibly physical pressure on him in order to obtain a confession - to write a confession (popularly known as a sincere confession). Also, for this they can use various tricks and persuasion, assurances that all circumstances are against the suspect, that turning himself in is the only way to avoid severe punishment, that if the suspect confesses, they will help him and the court will impose the minimum punishment. In addition, they can offer a “good lawyer”, but to be more precise, their “pocket, tame” lawyer, who not only will not provide real help, but can also do harm by “dancing to the tune” of the operatives, investigators or interrogators.

If you find yourself in such a situation, then you, as a suspect in causing harm to health, especially if this harm is serious, in most cases should refuse to give explanations and testimony without YOUR lawyer. Article 51 of the Constitution of the Russian Federation gives you this right, namely not to testify against yourself.

Remember that the investigation, inquiry and court are geared towards a guilty verdict from the very beginning. Do not believe persuasion and assurances; they are all aimed at obtaining confessions from you and nothing more. Don't believe that all circumstances are against you. Keep in mind that it is never too late to confess. Do not agree to the lawyer proposed by the investigator, interrogator or operatives. As indicated above, use Art. 51 of the Constitution, which guarantees you the right not to testify against yourself, your spouse and close relatives, and also to refuse to testify without your lawyer. Demand to contact your lawyer or relatives or friends who can immediately provide you with legal protection. If possible, call your lawyer or relatives yourself.

In the absence of other qualifying signs, the sign “out of hooligan motives” is often, as is the case under various articles on causing harm to health, as well as under Art. 116 of the Criminal Code is imputed unreasonably. Only an experienced lawyer in cases of personal injury is able to prove this and achieve reclassification to a less serious offense, or achieve dismissal of the criminal case.

If you have caused serious or moderate harm to health, and your actions, as you believe, fall under the elements of Articles 113, 114, 118 of the Criminal Code, without giving explanations or testimony, using Art. 51 of the Constitution of the Russian Federation, invite YOUR lawyer as soon as possible. Otherwise, you will easily be accused of more serious crimes under Art. 111 or art. 112 of the Criminal Code of the Russian Federation. The same can happen if you communicate with operatives and investigators without YOUR lawyer, or use a lawyer offered by law enforcement officers.

Is it legal to avoid criminal liability in cases of personal injury?

It is important to know that under certain circumstances and conditions for some of the above crimes, it is possible to legally evade criminal liability and terminate the criminal case, for example, for active repentance (Article 75 of the Criminal Code) or for reconciliation with the victim (Article 76 of the Criminal Code).

However, in practice, not everything is as simple and unambiguous as it seems. At any stage of the criminal case, circumstances may arise that will make it impossible to terminate the criminal case under Art. 75 or 76 of the Criminal Code of the Russian Federation. In addition, neither the investigator, nor the inquiry officer, nor the court are obligated to release the suspect or accused from criminal liability, even if the conditions provided for in Articles 75 or 76 of the Criminal Code of the Russian Federation are met. They only have this right, but are not obligated to do so. The participation of an experienced lawyer in criminal cases of personal injury, as well as in cases of crimes causing physical pain, will be the key to a favorable outcome of the case in the form of termination of the criminal case and release from criminal liability.