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

What is serious harm to health

In medicine, harm to health is a violation of the integrity or function of organs and tissues under the influence of various environmental factors. Serious harm – life-threatening.

In part 1 of Art. 111 provides both a general concept of such harm and lists some specific injuries and illnesses that occurred as a result of criminal influence.

Of those listed in the article, the following will be considered serious harm to health:

irreversible loss of the ability to hear, see, loss of an organ;
mental disorder;
diseases of drug addiction, substance abuse;
permanent disfigurement of appearance;
abortion;
loss of professional ability to work in full;
general working capacity – by no less than a third.

From honey Some more examples of criteria for determining the severity of harm to health:

complex fractures;
head wounds penetrating into the cranial cavity;
intracranial injuries with various brain damage;
burns, frostbite of a high degree;
loss of productive ability (to bear children) and others.

The severity of harm to health is determined solely by the conclusion of a forensic medical examination conducted by a doctor - a forensic medical expert. In criminal cases or audit materials, such an examination is appointed by the official in whose proceedings this case or material is located.

The corpus delicti provided for in Art. 111 of the Criminal Code of the Russian Federation

The corpus delicti is understood as a set of characteristics of an act, the presence of which can be regarded as a specific crime. Such characteristics include the object, the objective side, the subject and the subjective side.

Causing grievous bodily harm committed intentionally may be considered a crime under Article 111 of the Criminal Code of the Russian Federation if there is:

Object . In this case, this is an attack on the health and life of the person who has been harmed, that is, the victim.
The objective side is the actions of the person causing harm, their consequences in the form of damage to health and the connection between the action and the result. This could be, for example, physical, mechanical, toxic, psychological effects.
The subject is the person who commits the crime. Persons who have reached 14 years of age and are of sound mind are subject to punishment for intentionally causing grievous bodily harm.
The subjective side is the attitude of the criminal towards his act. In this case, we are talking only about intent; for example, causing harm through negligence is classified under another article. If there is intent, a person understands what he is doing, realizes or allows that harm will occur as a result of these actions, desires or consciously allows the consequences, or is indifferent to them. For the crime under Art. 111 it is important that there is intent to cause grievous harm to the health of the victim.

Art. 111 of the Criminal Code of the Russian Federation is formulated by the legislator as a material composition. It follows from this that in order to evaluate the crime as completed, a result must follow, in this case - the occurrence of serious harm to the victim’s health.

Attempted intentional infliction of grievous bodily harm in accordance with Article 30 (Part 3) of the Criminal Code of the Russian Federation means the performance of all actions aimed at causing grievous bodily harm, provided that they were stopped due to circumstances that do not depend on the guilty person (for example, who he interceded, witnesses appeared, etc.).

Accordingly, if the offender intended to cause serious damage to the victim, but did not carry out the act against his own will, Art. 30 of the Criminal Code of the Russian Federation is applied quite reasonably and the imposed punishment cannot be more than ¾ of the most severe punishment under Art. 111 of the Criminal Code of the Russian Federation.

Defense options and possibilities of a lawyer in murder cases (Article 105 of the Criminal Code of the Russian Federation)

Home Press center Defense options and possibilities of a lawyer in murder cases (Article 105 of the Criminal Code of the Russian Federation)

Murder is the intentional killing of another person. Article 105 of the Criminal Code of the Russian Federation is classified as especially serious and provides for punishment up to life imprisonment. At the same time, the majority of murders are murders in a fight, during domestic conflicts in the family, and the most common murder weapon is an ordinary kitchen knife. Law enforcement practice develops in such a way that if there is a corpse, investigators initiate criminal cases under the most obvious (for them) article - Part 1 of Article 105 of the Criminal Code of the Russian Federation, and then charge the accused with it, sometimes without paying attention to details that are of fundamental importance . A lawyer, working on a criminal case of murder, must, on the contrary, take into account all the nuances, objectively consider all defense options and offer the client those that are most realistic for implementation, taking into account the available evidence and established investigative and judicial practice. There are several typical defense options in murder cases.

Causing grievous bodily harm resulting in death due to negligence (Part 4 of Article 111 of the Criminal Code of the Russian Federation)

The maximum possible punishment under Part 1 of Article 105 of the Criminal Code of the Russian Federation and Part 4 of Article 111 of the Criminal Code of the Russian Federation is the same (up to 15 years in prison). But Part 4 of Article 111 of the Criminal Code of the Russian Federation is milder, firstly, due to the minimum possible punishment in the sanction of the article, and secondly, in practice, a more lenient punishment is often prescribed under Part 4 of Article 111 of the Criminal Code of the Russian Federation than under Part 111 of the Criminal Code of the Russian Federation. 1 Article 105 of the Criminal Code of the Russian Federation.

The fundamental difference between Part 4 of Article 111 of the Criminal Code of the Russian Federation and Part 1 of Article 105 of the Criminal Code of the Russian Federation is as follows. To apply Part 1 of Article 105 of the Criminal Code of the Russian Federation, it is necessary to establish the intent to murder. As a rule, this is evidenced by the force of the blows and their application to vital organs. Often the suspects themselves speak directly about their intentions. Part 4 of Article 111 of the Criminal Code of the Russian Federation is applied when a person’s intent was not aimed at causing death, but at causing grievous harm to health. A classic example is delivering multiple blows to different parts of the body in a fight without the goal of taking a person’s life.

There is one common misconception: if a person did not die immediately after being struck, but in the hospital several hours or days later, Part 1 of Article 105 of the Criminal Code of the Russian Federation cannot be clearly imputed, but Part 4 of Article 111 of the Criminal Code of the Russian Federation is applied. This is wrong. It is important for a lawyer in such a criminal case to analyze the surrounding circumstances: the actions of the person who struck the blows, the actions of the doctors, the cause-and-effect relationship between the death and these actions. The interval itself between the time of striking and the time of death does not affect qualification for a particular article. In judicial practice, there are cases where death occurred a week after the blows were struck, however, taking into account other circumstances, the person’s actions were qualified under Part 1 of Article 105 of the Criminal Code of the Russian Federation.

Murder during necessary defense and when its limits are exceeded (Article 37 of the Criminal Code of the Russian Federation, Article 108 of the Criminal Code of the Russian Federation).

Hitting a victim is rarely gratuitous. Often the reason for this is insignificant and then the protocols write: “due to sudden personal hostile relations.” But sometimes the victim himself behaves aggressively, is ready to attack or is already using violence against someone who will subsequently become the accused. A typical example is a conflict in the family, a husband (often heavily intoxicated) chases his wife around the apartment, beats her with everything he can get his hands on, and threatens to kill her. At some point, the family finds itself in the kitchen, the wife, in self-defense, fearing for her life and health, takes a knife and stabs her husband only to stop him. The knife hits a vital organ and the person dies.

In order to achieve the application of the article on necessary defense (Article 37 of the Criminal Code of the Russian Federation, Article 108 of the Criminal Code of the Russian Federation, Article 114 of the Criminal Code of the Russian Federation), the lawyer needs to analyze in detail the situation, all the developments of events and provide evidence that the victim himself behaved aggressively, this aggression was real and the defendant reasonably feared for his life and health. The defendant's testimony alone is not enough here. Moreover, during the very first interrogations, law enforcement officers, taking advantage of the shock state of the interrogated person, try to ask the suspect such questions so that his testimony reveals intent to kill, and not defense against attack.

It is extremely important to record as quickly as possible the injuries that the victim inflicted on the suspect during the conflict, to find witnesses who may have seen or heard how the conflict developed, how the victim threatened or struck the lawyer’s client.

Murder in the heat of passion (Article 107 of the Criminal Code of the Russian Federation)

Affect is a strong emotional disturbance caused by the illegal or immoral actions of the victim. But not every strong emotion is an affect, and not every action of the victim can cause it.

Affect is determined using forensic psychological examination. Considering that in murder cases a forensic psychological or psychological-psychiatric examination is mandatory, it is advisable for a lawyer (if he suspects the possibility of passion) to immediately ask the expert questions about the possibility of murder in a state of passion, and not put it off “for later.” When conducting such an examination, the main attention is paid to the behavior of the accused during the striking, after the striking, his testimony and the testimony of persons who saw him at that time. If the conflict took place one-on-one, it is unlikely to prove affect.

There is a misconception that affect can be “depicted” or simulated. This is wrong. When conducting a forensic psychological examination, techniques are used that make it possible to determine whether affect actually exists or whether it is false, “feigned.”

Affect can be caused by one action of the victim, very traumatic for the psyche of the accused (affect of the “outburst” type), and several less traumatic actions, but regularly repeated (affect of the “last straw” type, accumulated affect).

Causing death by negligence (Article 109 of the Criminal Code of the Russian Federation)

A classic example of a borderline case between Part 1 of Article 105 of the Criminal Code of the Russian Federation and Article 109 of the Criminal Code of the Russian Federation - a person falls from a blow and, hitting his head on a hard surface, dies. The article used largely depends on the nature of the brain damage based on the examination results.

A lawyer in a criminal case needs to analyze other actions that occurred before the strike, the environment in which they occurred, the nature of the relationship and interaction between the victim and the accused.

Jury trial in cases of murder and Part 4 of Article 111 of the Criminal Code of the Russian Federation

Criminal cases under Article 105 of the Criminal Code of the Russian Federation and Part 4 of Article 111 of the Criminal Code of the Russian Federation can be considered by a jury. The extent to which it is advisable to go to trial by jury in a particular case must be assessed by a lawyer in a criminal case and explained to the client all the subtleties and consequences.

Indeed, the percentage of acquittals in jury trials is higher than that of ex officio judges. But not every case makes sense to be submitted to a jury trial. A jury trial has its own specifics, for which both the lawyer and his client must be prepared. For example, if the defense plans to fight only for a reduction in the sentence, as a rule, there is no point in trying the case in a jury trial. An exception is the work of a lawyer to obtain a verdict of leniency from the jury for his client. The verdict “guilty, but deserves leniency” does not allow the court to impose a sentence of life imprisonment, as well as a punishment of more than 2/3 of the maximum possible term in the form of imprisonment for a certain period. In addition, this verdict allows the court to impose a punishment lower than the lowest - using Article 64 of the Criminal Code of the Russian Federation.

On the contrary, if the prosecution’s evidence is weak, contradictory, and from the point of view of the lawyer in the case there are signs of necessary defense or its excess, passion or general non-involvement of the client in the crime he is charged with, then it makes sense to elect a jury trial.

In any case, the lawyer and his client in cases of murder or grievous bodily harm resulting in death (Part 4 of Article 111 of the Criminal Code of the Russian Federation) already at the very early stages of the investigation should potentially prepare for a jury trial - even if in the future this the line of defense will disappear, the case will be dismissed or a decision will be made to consider the case by a judge “ex officio”.

If you need the help of a lawyer in criminal, family, or civil law, you can call 8-910-188-73-21 or write by email or telegram.

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Punishment and qualifying signs

The legislator means by qualifying characteristics those that increase liability and, accordingly, the act as a whole in the presence of such characteristics is aggravated. Parts 2, 3 and 4 of Article 111 contain an indication of precisely such points.

Intentional infliction of grievous bodily harm without aggravating conditions may result in imprisonment for up to eight years under Part 1 of Art. 111.

Part 2 Art. 111 of the Criminal Code of the Russian Federation

To impose punishment under this part, the intentional infliction of grievous harm must be committed:

in relation to a person, his relatives for reasons related to his service or performance of public duty;
against a minor (child under 14 years of age), helpless, or with particular cruelty to the victim;
by a method that poses a particular danger (for example, an explosion);
for hire;
for reasons related to hooliganism;
because of hatred, for example, based on political or ideological views;
for subsequent use of the citizen’s organs;
using weapons.

In the cases presented, the sanction reaches 10 years in prison.

Part 3 Art. 111 of the Criminal Code of the Russian Federation

It spells out even more dangerous qualifying features for society:

the action was performed by a group;
more than one person became a victim.

In such situations, the punishment will be up to twelve years.

Part 4 art. 111 of the Criminal Code of the Russian Federation

If the victim dies from the injuries inflicted, the punishment can be up to 15 years in prison.

Additional punishment

For qualified offenses (parts 2-4 of Article 111), at the discretion of the court, an additional sentence of up to 2 years of restriction of freedom may be imposed.

Similar compositions and their differences

Article 111 deals exclusively with the intentional infliction of grievous harm. In practice, it is important to qualify the act properly.

If we are talking about intentional infliction of harm of moderate severity (Article 112 of the Criminal Code of the Russian Federation), then the difference lies precisely in the severity of the damage. In this case, everything depends on the medical report.
Another related article, 113 , establishes liability for grave or moderate harm caused in a state of passion, that is, a short-term clouding of consciousness caused by emotional stress or excitement. The perpetrator does not consciously cause damage, but only under the influence of his condition. The presence of such a condition is established by examination.

Attention! The affect can only be short-term insanity, which usually lasts a few seconds or minutes. Long-term mental impairment is a sign of incapacity or other health problem.

Art. 114 also defines a sanction when the perpetrators inflict certain damage, but in a situation of defense against the unlawful actions of another person to whom the damage was subsequently caused. The punishment will be more lenient, since the situation arises not because of the initial actions of the accused, but as a result of the behavior (actions) of the victim, who will be accused under another article. The maximum sanction is imprisonment for up to a year (Part 1, Article 114)

Important: This article is one of the most controversial in domestic practice, since it can be quite difficult to determine which actions exceed the permissible limits, according to the law, and which did not exceed these limits.

Reckless infliction of grievous harm under Art. 118 of the Criminal Code of the Russian Federation differs from intentional grievous bodily harm precisely by intent. According to the provisions prescribed in Art. 118, damage to the victim is caused accidentally, while it is provided that the perpetrator has no desire for such a result. The form of guilt here is negligence in the form of criminal negligence or frivolity. Accordingly, in Article 118 the sanction will be significantly less. Without qualifying criteria, the maximum penalty is no more than 2 years in prison.

Lack of intent

The subjective side of the crime under discussion is expressed precisely in the absence of intent when committing an act or inaction. That is, the harm must occur due to the negligence of the offender. By his frivolous or careless actions, he brought upon the victim serious problems in his health. Moreover, frivolity is manifested in the fact that the person foresaw the consequences of his actions, but at the same time arrogantly counted on preventing them. We can speak of negligence if a person did not foresee the consequences, but if he had shown forethought, he would have been able to understand what his actions were leading to.

The described article does not cover cases of innocent causing of harm. Here the behavior of the accused borders on criminal negligence . The main difference is that the person could not foresee the consequences of his actions.

Causing grievous harm resulting in death

Part 4 of Article 111 establishes punishment for death resulting from infliction of grievous bodily harm. At first glance, it may seem that the act is identical to that qualified under Art. 105 of the Criminal Code of the Russian Federation - murder. But here too there are special signs.

In murder, the goal of the perpetrator is to take the life of the victim. In the understanding of the provisions of Art. 111 initially the perpetrator only wants to cause serious injuries, but not kill the victim. The intent is aimed at causing grievous harm, and death in this case occurs due to the negligence of the perpetrator.

That is, we are talking specifically about the inability of the perpetrator to correctly determine (predict) the consequences of his act at the time of its commission.

Severity and duration

The severity of the act, based on the provisions of Art. 111 of the Criminal Code of the Russian Federation, depends on the presence of the qualifying characteristics specified in paragraphs 2-4 of this article. In their absence, the general qualification under Part 1 is applied, the punishment will be the least possible.

Acts in accordance with parts 1-2 of the norm of the Criminal Code in question belong to the category of serious crimes, parts 3-4 - to especially serious ones. Accordingly, the statute of limitations during which the perpetrator may be held liable under this article is 10 years for parts 1 and 2, and 15 years for parts 3 and 4. This period begins to run from the day the crime was committed.

How proceedings are initiated

Vera Viktorovna Dolganina

Practicing lawyer with more than 10 years of experience.

Ask a Question

This category of cases refers to public prosecution. Therefore, to begin checking the facts in a criminal case, a statement or any message from any person is sufficient. This could be the victim himself, a witness, or even a medical worker (the medical institution is obliged to transmit such information to the police), who recorded the presence of serious injuries in the victim who contacted him.

It is better to apply to the police department at the place where the act was committed. Based on the results of checking the message, if there is evidence of a crime, a criminal case is initiated. If there is no corpus delicti, the initiation of a case may be refused.

How purchases changed in October 2020

procurement for state or municipal needs was determined by the minutes of a government meeting, minutes of coordination and advisory bodies under the Prime Minister, a plan of priority measures to ensure sustainable economic development in the context of a worsening situation with the coronavirus epidemic, which was approved by the president, the government (its chairman);
the specific purchase was determined by the minutes of the government meeting, the minutes of the coordination and advisory bodies under the Prime Minister, the plan of priority measures to ensure sustainable economic development in the context of the worsening situation with coronavirus;
the purchase is carried out for federal needs from a food supplier determined by the instructions of the chairman of the government to implement the decisions of the Coordination Council under the government to combat the spread of coronavirus, a plan of priority measures to ensure sustainable economic development in the context of a worsening situation with the coronavirus epidemic, which is approved by the president, the government (its chairman );
procurement is carried out at the expense of the reserve funds of the government and the highest executive bodies of the constituent entities.

How purchases changed in May 2021

Thus, if a procurement with NMCC exceeds 20 million rubles is appealed, the procurement participant must have experience in at least one completed government contract, regardless of the subject of such a contract, at least 20% of the NMCC procurement against which the complaint is being filed.

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Statistics

In accordance with the official information presented on the website of the General Prosecutor's Office of the Russian Federation, over the past year, 23,224 crimes were recorded on the territory of Russia, the composition of which complies with the norms of Article 111 of the Criminal Code of the Russian Federation. Of the total number of violent crimes resulting in serious harm to health:

Committed by minors

25%

Occurred in families

Most of the offenses under this article occurred in the Moscow, Sverdlovsk, Kemerovo, and Irkutsk regions. There are also significant indicators in the Krasnodar Territory, the Republic of Bashkortostan, the Krasnoyarsk Territory, the Chelyabinsk Region and the Perm Territory.

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Changes to Article 111 Part 4 in 2021

The amendments concern clarification of the state of intoxication and exemption from liability for economic crimes and the introduction of the concept of “judicial fine”. In addition, the concept of commercial bribery was introduced and liability for bribes was clarified.

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There will be amendments to Article 111 Part 4 in 2021

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A minor or other citizen who is known to the perpetrator to be in a state of helplessness, as well as to mockery, special cruelty and torment for the victim.
A person or his relatives in connection with the performance of his official assignment or public duty.