112 of the Criminal Code of the Russian Federation, intentional infliction of moderate harm to health, as amended in 2022

A comment

1. The objective side of the analyzed crime is characterized by negative and positive signs.

Thus, we can speak of causing moderate harm to health if such harm: a) is not life-threatening; b) did not entail the consequences specified in Article 111 of the Criminal Code; in other words, when the act is not seen as a more dangerous type of attack on health.

Positive signs of the composition include long-term health problems or a significant permanent loss of general ability to work by less than one third. To qualify an act under Art. 112 of the Criminal Code, it is enough to establish the presence of one of these signs.

2. A long-term health disorder is understood as a temporary loss of general ability to work lasting more than 3 weeks (more than 21 days); a significant permanent loss of ability to work by less than one third is a permanent loss of ability to work from 10 to 30% inclusive.

The amount of permanent loss of general ability to work is established after the outcome of the disease associated with harm to health has been determined, based on objective data and taking into account the table of percentages of loss of ability to work as a result of various injuries. Moderate harm includes, in particular, cracks and fractures of small bones, dislocation of small joints, loss of a thumb, removal of part of a kidney, etc.

3. Responsibility for the act is differentiated using a number of qualifying circumstances. The signs that increase the punishability of the act basically coincide with the signs specified in parts 2 and 3 of Art. 111 of the Criminal Code.

Among the most common acts in accordance with which criminal cases are initiated in our country is the intentional infliction of harm to the health of a citizen of moderate severity. At the same time, people periodically have questions regarding the mechanism of operation (application) of this disposition.

Next, we will conduct a detailed analysis of this article and try to analyze its main features.

Commentary on Article 112 of the Criminal Code of the Russian Federation

1. The objective side of the intentional infliction of moderate harm to health is characterized by negative and positive signs. Thus, we can speak of causing moderate harm to health if such harm: a) is not life-threatening; b) did not entail the consequences specified in Art. 111. In other words, in what was done there is no more dangerous type of attack on health.

Positive signs of a crime include: a) long-term health disorder; b) significant permanent loss of general ability to work by less than 1/3. To qualify an act as a crime, it is enough to establish the presence of one of them.

2. A long-term health disorder is understood as a temporary loss of general ability to work lasting more than three weeks (more than 21 days); a significant permanent loss of ability to work by less than 1/3 means a permanent loss of ability to work from 10 to 30% inclusive. The amount of permanent loss of general ability to work is established after the outcome of the disease associated with harm to health has been determined, based on objective data and taking into account the table of percentages of loss of ability to work as a result of various injuries. Moderate harm includes, in particular, cracks and fractures of small bones, dislocations of small joints, loss of a thumb, removal of part of a kidney, etc.

3. Responsibility for the act is differentiated using a number of qualifying circumstances. Among them, part 2 comments. Article refers to the commission of an act: a) in relation to two or more persons; b) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty; c) with special cruelty, mockery or torture for the victim, as well as in relation to a person who is known to the perpetrator to be in a helpless state; d) by a group of persons, a group of persons by prior conspiracy or an organized group; e) for hooligan reasons; f) based on national, racial, religious hatred or enmity.

4. The enhancing features basically coincide with those specified in parts 2 and 3 of Art. 111.

5. Acts provided for in parts 1 and 2 of the comment. articles fall into the category of crimes of medium gravity.

Article 112 of the Criminal Code of the Russian Federation: intentional infliction of harm to health of moderate severity

The new edition of the Criminal Code of the Russian Federation has not made any serious changes to the structure of Article 112. Thus, the text on intentional infliction of harm to health of moderate severity still includes the condition that a criminal case is initiated at the request of the injured person.

This rule does not provide for exceptions. The corpus delicti here depends on the method and motive for causing harm, so in individual cases the punishment may vary.

Expert opinion

Mikhailov Igor Konstantinovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Has experience in document examination.

When issuing a warrant and setting a deadline, special attention is paid to such circumstances as the reason for the commission of the act, and, of course, the subject (it happens that the victim is a female or a minor).

The corpus delicti under Article 112 of the Criminal Code of the Russian Federation in the new edition

In the case under consideration, you should not look for any special features, because everything is standard here, and in order to qualify the intentional infliction of harm to health of moderate severity, we must have the following mandatory elements:

• subject (direct attacker);
• object (victim/health);
• subjective side (intention of the person);
• objective side (harm caused);

Responsibility and the term of punishment for such a crime as intentional infliction of harm to health of moderate severity, as noted above, directly depends on the reasons for its commission, and on the state of the victim. For example, if we are talking about a obviously helpless person, the punishment will be much more severe than the minimum provided for a fight, for example.

But in each case, this is always a private accusation, and in order to initiate a criminal case, there must be a statement here, and nothing else.

Grounds for initiating a criminal case under Article 112 of the Criminal Code of the Russian Federation

To begin criminal proceedings, it is necessary to determine the elements of the crime and the parties who took part in the fight. So:

• Firstly, the harm must be recorded, the severity and extent of which is always determined only by a medical specialist. Without a doctor’s opinion, there is no need to talk about any procedural actions, because there will be no harm, which means there will be no crime.
• Secondly, the procedure and grounds for the onset of possible liability under this article are indicated by the current Code of Criminal Procedure, in accordance with the instructions of which the victim must submit an application. Without this, even if the authorities know everything in detail, a criminal case will not be initiated.

Article 112 of the Criminal Code part 1

It is the first part that is most used in the article about intentional infliction of harm to health of moderate severity, i.e. here we are dealing with the “classic” version, when harm is caused, for example, in a fight.

According to this part, there must be no long-term impairment of health, and no significant or permanent damage to it must have been caused. Otherwise, this may entail a completely different punishment, and the sanctions (term) will be much more severe, because

it would be appropriate to judge the infliction of grievous harm. Having examined this article, namely its first paragraph, we found that the maximum punishment here is three years of imprisonment in a colony.

But it may well be one year.

Article 112 of the Criminal Code of the Russian Federation with comments

Although the current version of the Criminal Code has undergone a number of changes, they have not affected the disposition under consideration about intentional infliction of harm to health of moderate severity. The evidentiary procedure remains the same, and mitigating and aggravating circumstances are also indicated in the original version.

But many people confuse this act with related or similar crimes (beatings, minor bodily injuries, etc.), so it is advisable for the material to include comments. You can read the current text and explanations from experts here:

Article 112. Non-working holidays

Review of judicial practice of the Supreme Court of the Russian Federation dated 02/09/2005 On amendments to Article 112 of the Labor Code of the Russian Federation. The Federal Law was adopted by the State Duma on December 24, 2004 (Law of the Russian Federation 2005, N 1 (part 1) Art. 27) On the entry into force of the Urban Planning Code of the Russian Federation

Determination of the Supreme Arbitration Court of the Russian Federation dated June 29, 2009 No. VAS-6676/09 in case No. A32-911/2008-16/6

Article 112 of the Labor Code of the Russian Federation establishes that January 1, 2, 3, 4, 5, and 7 are non-working holidays. Since 01/01/2008, the last day for filing a claim, is a non-working holiday, and also taking into account that 01/05/2008 is a holiday and fell on a Saturday (day off), and in accordance with the clarification of the Ministry of Labor of the Russian Federation dated 12/29/1992 N 5 if a weekend and a holiday coincide, the day off is transferred to the next working day after the holiday, that is, 01/05/2008 is transferred to 01/08/2008. Therefore, the first working day is 01/09/2008.

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 15, 2009 N 6676/09 in case N A32-911/2008-16/6

Article 112 of the Labor Code of the Russian Federation establishes that January 1, 2, 3, 4, 5, and 7 are non-working holidays. Since 01/01/2008, the last day for filing a claim, is a non-working holiday, and 01/05/2008 is a holiday and fell on a Saturday (day off), in accordance with the explanation of the Ministry of Labor of the Russian Federation dated 12/29/1992 N 5 that that if a weekend and a holiday coincide, the day off is transferred to the next working day after the holiday; 01/05/2008 was postponed to 01/08/2008. Therefore, the first working day was 01/09/2008.

Determination of the Supreme Court of the Russian Federation dated August 31, 2011 N 49-11-57

Dulov S.K. appealed to the Supreme Court of the Republic of Bashkortostan with an application to invalidate paragraphs 3 and 4 of paragraph 1 of this article, citing a contradiction with the Constitution of the Russian Federation, the Constitution of the Republic of Bashkortostan, articles , , 112, 113 of the Labor Code of the Russian Federation, article 3 of the Federal Law of September 26 1997 N 125-FZ “On freedom of conscience and religious associations.”

Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 21, 2011 N 20-ПВ11

In the supervisory complaint, the State Assembly - Kurultai of the Republic of Bashkortostan asks to cancel the ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated August 31, 2011 and to uphold the decision of the Supreme Court of the Republic of Bashkortostan dated June 27, 2011, since the Judicial Collegium for Administrative Cases of the Supreme Court The Russian Federation made an unfounded conclusion that the legislator of the Republic of Bashkortostan exceeded its rule-making competence. The panel of judges incorrectly interpreted the provisions of paragraph 7 of Article 4 of the Federal Law “On Freedom of Conscience and Religious Associations,” which provides for the right of the relevant government bodies in the Russian Federation in the relevant territories, at the request of religious organizations, to declare religious holidays as non-working (holiday) days. The Board’s conclusion that this norm does not indicate the rule-making competence of the constituent entities of the Russian Federation on this issue was made without taking into account the requirements of Part 3 of Article 5, Articles 11, 72, 76, 77 of the Constitution of the Russian Federation, Article 1 of the Federal Law “On General Principles of Organization legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.” The supervisory complaint also points out that the conclusions of the Board are erroneous, namely that the challenged norms contradict the norms of labor legislation, in particular Articles 112 of the Labor Code of the Russian Federation, and also that there is uncertainty in understanding the provisions of paragraph 7 of Article 4 of the Federal Law “On Freedom conscience and religious associations."

Ruling of the Supreme Court of the Russian Federation dated May 23, 2012 N AKPI12-565

Orlova Yu.V. appealed to the Supreme Court of the Russian Federation with a statement in which she asks to invalidate the contested normative legal act, as adopted in violation of the publication period established by part five of Article 112 of the Labor Code of the Russian Federation and violating her right to rest.

Determination of the Constitutional Court of the Russian Federation dated December 21, 2011 N 1846-О-О

ARTICLE 112 OF THE LABOR CODE OF THE RUSSIAN FEDERATION AND PARAGRAPH 7 OF ARTICLE 4 OF THE FEDERAL LAW “ON FREEDOM OF CONSCIENCE AND RELIGIOUS ASSOCIATIONS” The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleandrova, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, N.V. Melnikova, Yu.D. Rudkina, V.G. Yaroslavtseva,

Determination of the Constitutional Court of the Russian Federation dated May 29, 2012 N 999-O

ARTICLE 112 OF THE LABOR CODE OF THE RUSSIAN FEDERATION The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleandrova, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, N.V. Selezneva, O.S. Khokhryakova, V.G. Yaroslavtseva,

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 15, 2014 N 6500/14 in case N A73-14736/2012

According to Article 112 of the Labor Code of the Russian Federation, November 4, National Unity Day, is a non-working holiday in the Russian Federation. If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner established by part five of this article.

Determination of the Constitutional Court of the Russian Federation dated May 29, 2019 N 1266-O

THE RIGHTS OF PART OF THE FOURTH ARTICLE 112 OF THE LABOR CODE OF THE RUSSIAN FEDERATION are the Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,

Determination of the Constitutional Court of the Russian Federation dated May 25, 2017 N 1109-O

As for challenging A.A. Having considered the constitutionality of the resolution of the Government of the Russian Federation “On the transfer of days off in 2014”, it was adopted by the Government of the Russian Federation in pursuance of the provisions of part five of Article 112 of the Labor Code of the Russian Federation, which granted the Government of the Russian Federation the authority to transfer days off to other days. Such legal regulation is enshrined for the purpose of rational use by employees of weekends and non-working holidays, does not imply increased wages for a day that, in accordance with the regulatory legal act of the Government of the Russian Federation, becomes a working day, and cannot be regarded as violating the rights of the applicant who received salary for working day February 24, 2014.

Punishment and term under Article 112 of the Criminal Code of the Russian Federation, Part 2

The second part of this article presupposes the presence of qualifying characteristics, which means that it provides for a more serious punishment. Such signs include, for example, a group of people, or hooliganism as the main motive of the act.

Less often under other provisions. But in each case the punishment can reach five years in prison.

There is no provision for probation or settlement agreement here.

Judicial practice in cases of intentional infliction of harm to health of moderate severity

The Plenum of the Supreme Court in the relevant Federal Law answered the question regarding which court considers such cases. Judicial practice develops as follows: in the first part, the magistrate court works, and in the second, the district court.

Let us note that jurisdiction gives the district court the right to work on the first part. Plus, for such acts there is usually an amnesty and statute of limitations.

Causing harm to health of moderate severity is punishable by criminal law, even if the victim suffered minor harm.

The legislation provides for the use of several options for influencing the offender, including arrest for a certain period.

The seriousness of legal measures depends on several factors, which are clarified by the investigation.

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

Article 112 of the Criminal Code of Russia establishes criminal liability for intentional infliction of harm to health of moderate severity.

Depending on which part of Article 112 of the Criminal Code of the Russian Federation the act is qualified, this composition may refer to crimes of minor gravity (Part 1 of Article 112) and moderate gravity (Part 2 of Article 112). This act cannot be considered serious, since the maximum punishment for it does not exceed 5 years of imprisonment. And this is already a very encouraging factor for those who expect to receive a “condition” under Art. 112 of the Criminal Code of the Russian Federation.

Of course, those who are accused under Part 1 of Art. have the greatest chance of avoiding severe punishment under this article. 112 of the Criminal Code of the Russian Federation. Such an act is punishable by restriction of freedom for up to 1 year, forced labor for up to 3 years, arrest for up to 6 months, and imprisonment for up to three years.

As we have already said, this is a crime of minor gravity and if the accused under Part 1 of Art. 112 does not have an outstanding criminal record, then, in principle, this almost guarantees that the court will not impose actual imprisonment on him.

Moreover, in the absence of aggravating circumstances, an unconvicted person under Part 1 of Art. 112 of the Criminal Code of the Russian Federation, even conditional imprisonment cannot be assigned. This directly follows from Part 1 of Article 56 of the Criminal Code of Russia.

In practice, according to Part 1 of Art. 112 of the Criminal Code of the Russian Federation, Russian courts most often hand down sentences in the form of restriction of freedom. As for conditional imprisonment, it can be assigned under Part 1 of Art. 112 of the Criminal Code of the Russian Federation for persons with an outstanding criminal record, as well as those who have aggravating circumstances.

This is important: a person who has no criminal record and has committed a crime under Part 1 of Art. 112 of the Criminal Code of the Russian Federation, can count on the termination of the criminal case through reconciliation with the victim, if he is compensated for the damage caused and he does not object to this outcome of the case

Now let's talk about Part 2 of Article 112 of the Criminal Code of the Russian Federation, which establishes criminal liability for intentional infliction of moderate harm to health, committed with qualifying characteristics (out of hooligan motives, by a group of persons, in relation to a minor, etc.), and, at the same time, provides for punishment for a term up to 5 years of imprisonment.

This crime falls into the category of acts of moderate gravity and it is also quite possible to receive a suspended sentence under this article.

The greatest chances of receiving a suspended sentence under Part 2 of Art. 112 of the Criminal Code of the Russian Federation is retained for persons who do not have a criminal record or aggravating circumstances.

However, even the presence of an outstanding criminal record does not always mean that the defendant under this article needs to “dry crackers.” An analysis of judicial practice suggests that under Part 2 of Art. 112 of the Criminal Code of the Russian Federation, courts most often impose punishment not related to imprisonment.

The number of factors on which the final decision may depend is quite large. For example, compensation for the harm caused to the victim, as well as his position and general attitude towards the offender. A very important factor is the presence of mitigating circumstances, which include the presence of dependent young children, surrender and assistance in solving the crime, etc.

Also, when considering cases under Article 112 of the Criminal Code of the Russian Federation, the courts take into account the actual nature of the harm caused to health, the consequences that occurred for the victim, his personality, as well as behavior during the events in question.

This is important: a criminal case under Part 2 of Art. 112 of the Criminal Code of the Russian Federation can also be terminated upon reconciliation of the parties, subject to the conditions established by Art. 76 of the Criminal Code of the Russian Federation

To summarize, I would like to note that the likelihood of receiving a suspended sentence in court under Art. 112 of the Criminal Code of the Russian Federation is quite large, especially if we are talking about part 1 of this article.

Still have questions? Ask our lawyers:

Concept and signs of crime

The concept of causing harm to health of moderate severity means any actions that caused the victim to be unable to perform his professional duties or to have a mental disorder or emotional breakdown for more than 21 days.

Not only intentional actions, but also the inaction of the accused can lead to charges of this crime.

Injuries such as::

• loss of one or more fingers,
• dislocations of joints, disfigurement of facial features,
• fractures or cracks in the structure of the skeletal system,
• deterioration or complete loss of vision, hearing, speech,
• emergence of dependence on narcotic or psychotropic drugs,
• termination of pregnancy due to the fault of the suspect.

During the investigation, the classification characteristics of the crime are determined - whether there was a direct danger to the life of the victim, whether serious consequences will follow the injury, how much the victim’s life will change, how long he will not be able to work.

Corpus delicti

Before the trial, it must be clarified whether the accused intentionally or unintentionally committed illegal actions against the victim.

In order to open a criminal case at the request of a citizen, it is necessary to collect evidence that the crime was committed intentionally.

Expert opinion

Mikhailov Igor Konstantinovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Has experience in document examination.

This is indicated by the following factors: the subject performed actions in an adequate state, was aware that he could cause harm to the opponent, and what punishment could follow.

Indirect intent is indicated by the fact that the accused was aware of everything and did not want to injure the victim, caused him harm through inaction, or did it through negligence.

In this case, the punishment for causing harm to health of moderate severity will not be the most severe, that is, according to the lower threshold provided for in Article 112.

What is the punishment for the crime?

All persons over 14 years of age bear responsibility for this crime.

. Moreover, how the harm was caused to the victim - during an accident, during inaction, is not particularly important.

The duration of the punishment, its type and the degree of seriousness for the accused depend on how much the plaintiff suffered, whether the offender repents of his act, and what his motives were.

The Criminal Code provides for the following types of punishment under Article 112 of the Criminal Code of the Russian Federation:

If at the time of committing the offense the accused was not aware of his actions (affect), caused injuries through negligence, or in self-defense, the court will impose an administrative penalty - a fine.

A fine will not be the main and only punishment, for example, when the victim has lost his or her disability for a long period.

Who can be exempt from liability?

Statistics from 2022 show that defendants in such cases often escape punishment. This can happen if :

The easiest way to avoid punishment for the accused is to reconcile with the victim, and for this it is necessary to fully compensate for the harm caused by his actions.

As a rule, it is required to pay the costs of treatment and the purchase of medical supplies and drugs, and pay the equivalent of his income for the period of incapacity.

Even if the victim does not agree to reconciliation, evidence that the accused took a financial part in eliminating the consequences may serve as a reason to reduce the punishment for causing harm to health of moderate severity.

It is enough to present in court receipts of payment and transfers to the opponent’s account.

The best way to avoid criminal punishment for a crime is not to commit it . Every citizen of the Russian Federation should know and realize this.

Last updated - July 2022

The Criminal Code of Russia contains a significant number of articles that punish any impact on the human body that causes harm to it. The degree of responsibility for such acts is directly proportional to the severity of this harm.

One of the articles under which liability may arise is Art. 112 of the Criminal Code of the Russian Federation, which pursues intentional infliction of moderate harm to the health of the victim of a crime.

1. How is the degree of harm to health determined?
2. The corpus delicti under Art. 112 of the Criminal Code of the Russian Federation
3. Punishment for intentional causing
4. Qualifying features
5. Report a crime
6. Victim Statement
7. Verification based on application or message
8. Compensation for harm
9. Difference from similar acts
10. Reckless injury to health
11. Conclusion

How is the degree of harm to health determined?

Determining what harm to the victim’s health occurred as a result of the illegal actions of another person is not a legal task, but a strictly medical one.

To establish it, special knowledge in the field of medicine is required, therefore the severity of harm to health is determined in criminal proceedings exclusively through a forensic medical examination.

The assessment of injuries, bruises and other impacts that led to a deterioration in the health of the crime victim by forensic experts - doctors is carried out based on Medical criteria, which are approved by Order of the Ministry of Health of the Russian Federation dated April 24, 2008 No. 194n.

The corpus delicti under Art. 112 of the Criminal Code of the Russian Federation

Each act, in order for it to be regarded as a crime prohibited by one of the norms of the Criminal Code, must include 4 mandatory elements: subject, object, subjective and objective side. For intentional infliction of harm of moderate severity under Art. 112 of the Criminal Code of the Russian Federation, these elements must be all of the following:

1. The object of this crime (the sphere of relations in society that is harmed) is the personal integrity of a particular person, his health.
2. The subject of a crime is a person who meets certain characteristics that make it possible to hold him accountable for his crime. For Art. 112 is a sane person over 14 years of age.
3. The subjective side (the internal attitude of the criminal to the crime) of this crime is intent, direct or indirect. With direct, the criminal is aware of the danger of his actions/inaction, understands that the events will lead to negative consequences and wants them to occur. The difference from indirect intent is that the criminal understands the danger and consequences of his illegal actions, but does not want them to occur and quite consciously allows them, or they are indifferent to him.
4. The objective side is specific actions or inactions that cause damage to the victim’s health.

Harm to human health means:

• violation of the anatomical integrity of organs or tissues of the body.
• impacts not associated with a violation of integrity, but leading to diseases or conditions that pose a threat to health.

In this case, the impact on the human body can be caused by various environmental factors:

• physical (blows, cuts, shots, etc.);
• chemical (burns, poisoning, etc.);
• biological;
• psychogenic.

This is a crime with a material composition, meaning that it is mandatory for liability to occur under Art. 112 consequences are necessary - certain harm to health and a cause-and-effect relationship between the action or inaction of the perpetrator and these consequences.

Possibility of bringing to administrative and criminal liability under Art. 112 of the Criminal Code of the Russian Federation

If the victim of a crime received injuries that are considered to be of moderate severity, then administrative liability does not apply. Its effect applies only to cases of simple beatings that caused minor harm.

In this case, only criminal liability is provided, commensurate with the provisions of Article 112 of the Criminal Code of the Russian Federation. The exception is cases of careless harm, action in a state of passion.

It is permissible to bring to recovery for moral and material damage under Articles 150 and 151 of the Civil Code of the Russian Federation, when in the course of a criminal case a civil claim for compensation is simultaneously considered.

Responsibility and punishment for serious injuries follows much more often than for simple beatings. Each case is considered with the utmost care.

If a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm.

When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention. The court must also take into account the degree of physical and moral suffering associated with the individual characteristics of the citizen who suffered harm.

Read more about the punishment for assault of moderate severity.

Punishment for intentional causing

The norm under consideration consists of 2 parts. The first of them determines the punishment for intentionally causing moderate harm to the health of another person, committed in the absence of circumstances aggravating the punishment. Such a crime may entail:

• restriction of freedom from 2 months to 3 years;
• forced labor from 2 months to 3 years;
• arrest from 1 to 6 months;
• imprisonment from 2 to 36 months.

Expert opinion

Mikhailov Igor Konstantinovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Has experience in document examination.

Crime under Part 1 of Art. 112 of the Criminal Code of the Russian Federation belongs to the category of acts of minor gravity. Under this provision, the perpetrator can be held accountable within 2 years from the date of injury to the victim.

Qualifying features

The second part of Art. 112 of the Criminal Code of the Russian Federation establishes liability for intentionally caused damage that resulted in average harm to the victim’s health under circumstances that characterize this act as more dangerous for society.

For this reason, punishment for such crimes has been increased. If any of the qualifying criteria are present, the punishment can only be imprisonment for up to 5 years.

There are only 7 of these signs in the article. This is the commission of an act:

1. In relation to two or more victims (clause “a”).
2. To a person or his relatives , due to his official activities, the fulfillment of public duty (clause “b”). Such a crime aims to interfere with the lawful activities of the victim or to avenge it. For example, the perpetrator may repay the victim by causing harm to health for his complaints to law enforcement agencies or “punish” him for bringing him to justice.
3. In relation to a child under the age of 14 years, another person who is in a helpless state, unable to prevent illegal actions due to health or mental health conditions (clause “c”). However, the offender must be aware of his young age and helplessness, otherwise liability under this point is excluded. It also punishes causing moderate harm to health with special cruelty towards the victim, mockery or torture. In this case, the method of committing the crime, the objects used to cause damage, etc. are assessed.
4. A group of persons , criminals, who have agreed in advance to cause damage to the victim by an organized group (clause “d”).
5. From hooligan motives (item “d”). Such crimes are often without cause, caused by the desire to oppose oneself to society, to demonstrate to others or the victim one’s prowess, superiority, and to show disdain for accepted rules and norms of behavior and community life.
6. Based on hatred or enmity based on ideology, interracial, interethnic relations, political, religious views, as well as hatred and enmity towards any social group (for example, the elderly, youth, professional communities, etc.) (paragraph “e”) .
7. With the use of weapons or objects used as such (clause “h”). To determine whether an object used by a criminal is a weapon, they are guided by the Federal Law “On Weapons”; for this purpose, forensic examinations are carried out.

Based on the punishment provided for such crimes, the act under Part 2 of Art. 112 of the Criminal Code of the Russian Federation belongs to the category of acts of moderate gravity, therefore, the statute of limitations for liability is 6 years from the date of commission.

What is moderate battery?

Moderate battery is a crime against the person, which, through the use of brute directed force on the body of the victim, caused him significant harm. The harm caused is qualified by a number of signs.

The crime is defined as the intentional beating of a person or the infliction of numerous blows on him, which led to health problems and temporary loss of ability to work.

The category of moderate injuries received includes the following:

• concussions;
• traumatic brain injuries;
• bone fractures;
• hematomas, etc.

In this case, the victim loses the ability to participate in socially useful activities and suffers moral and material damage.

According to the qualification criteria, the victim’s health is impaired by approximately “one third.”

The motives for beatings can be any intentional or unintentional actions. Often these are street fights among young people.

Family proceedings with assault, when an angry husband delivers uncontrollable, crushing blows to the head or stomach of the victim, twists or twists her arms, which leads to fractures and other serious consequences.

For example, a patient admitted to the hospital with nausea and dizziness was examined.

It was discovered that she had a concussion as a result of a head injury. The circumstances of the investigation revealed that the beating was committed by her husband, who was arrested for 5 years.

In a street fight, after being punched, a teenager received a large hematoma in the eye area; the blow temporarily caused hearing loss. The minor opponent was registered in the police nursery; no more severe punishment followed.

A resident of one of the villages, motivated by jealousy, lay in wait near his rival’s house and suddenly dealt him a crushing blow to the head.

After the fall, he continued to kick him. As a result of multiple fractures, the injuries inflicted were classified as moderate severity, which resulted in imprisonment for three years.

Report a crime

Cases under Art. 112 of the Criminal Code of the Russian Federation are cases of public prosecution. This means that in order to initiate a criminal case, it is not necessary to have a statement or the desire of the victim to bring the perpetrator to justice.

Reports of seeking medical help in connection with any injuries and other damage of a criminal nature are received by territorial police units from medical institutions where the victim seeks medical help (ambulance, hospitals, emergency rooms), even before he writes a statement.

Verification of these messages begins immediately after they are properly completed and registered. The victim's statement, if received, is subsequently attached to the initial report. Pre-investigation checks are carried out and criminal cases under this article are investigated by investigators from the Ministry of Internal Affairs.

Victim Statement

If the victim wants to bring the offender to criminal responsibility, but he did not apply to medical institutions or a message about his application to law enforcement agencies was not received for some reason, a statement about the crime should be made (orally, in writing or by other means) to the police. It is better to do this at the territorial police department in the place where the beating or other impact occurred that caused moderate harm to health.

There are no requirements for the application, except for the general rules for writing applications (addressing to the head of the department, information about the applicant, the essence of the application, date and signature). Often examples for writing are available on information boards in the premises of police department duty stations.

When applying in person, the applicant must be given a document - a coupon notification of acceptance of the application indicating the date and registration number. It will subsequently be possible to track the progress of the application.

Verification based on application or message

Based on a statement or other message, an inspection is carried out, the purpose of which is to establish the circumstances of the incident: interviewing the victim, the opposing party, witnesses and eyewitnesses, as well as determining the severity of the harm caused to health.

Typically, the inspection period ranges from 3 to 10 days, but in the case of acts related to harm to health, to determine the degree of its severity, a forensic medical examination is necessary (its duration is a month), and this fact is the basis for extending the inspection period to 30 days. Most often this is the time period used.

In some cases, this may not be enough. Then an interim refusal to initiate a criminal case is accepted, which is canceled, and the period runs again.

If the act contains elements of a crime, harm to health is of moderate severity, a criminal case is initiated. If the harm to health is different, the case can be initiated under other articles, for example under Article 111, if the harm is serious. If there is no corpus delicti, the initiation of a criminal case is refused.

They consider criminal cases of crimes under Part 1 of Art. 112 of the Criminal Code of the Russian Federation, magistrates, according to Part 2 - judges of the district court.

Are certain acts considered moderate assault?

Sometimes the classification of consequences is defined as medium severity, but the guilty act is considered outside the legal norms of Article 112 of the Criminal Code of the Russian Federation.

Group beating

In case of moderate harm to health, group participation in the beating of the victim acts as a factor in aggravating the criminal punishment, which follows in accordance with the norms of clause d) part 2 of article 112 of the Criminal Code of the Russian Federation.

Group beatings will be considered if the victim was attacked by two or more attackers.

Assault from hooligan motives

The same applies to the punishment of perpetrators who committed beatings for hooligan reasons. This fact aggravates criminal liability, which is charged in accordance with the norms of clause e) part 2 of art. 112 of the Criminal Code of the Russian Federation.

In this case, the culprit may act:

1. the only striker;
2. speak out against a group of citizens, beating them.

Systematic beatings

This form of offense may differ and change the qualification for torture, which will significantly increase the sentence. If the perpetrator is brought to trial under the provisions of Article 117 of the Criminal Code of the Russian Federation (torture), then the term of imprisonment can reach 7 years.

Typically, systematic beatings are recognized as a relapse based on penalties imposed for beating the same person.

Violence with assault motivated by jealousy

Jealousy is one of the extremely dangerous manifestations of aggression. On this basis, the perpetrators completely lose control, and the beating becomes extremely dangerous for the life of the victim.

Often, the aggressor can no longer stop if he has caused such significant harm to health as moderate severity. This crime is considered within the scope of paragraph 1 of Article 112 of the Criminal Code of the Russian Federation, if the provisions of Article 117 of the Criminal Code of the Russian Federation are not applied to it. If the direct guilt of the victim in the form of intimate intimacy in the presence of her husband, or a similar precedent, is proven, an exception can be made according to the indication of the onset of passion.

The population of the husband in relation to the wife has its own characteristics. We talked about where and how to film a husband beating him and what the punishment would be for beating his wife. Check them out if this is your situation.

Beating in the heat of passion

For consequences of moderate severity or more, the state of passion of the perpetrator may be taken into account when considering the degree of his responsibility. Signs of this condition are:

The moral guilt of the victim, which caused a strong emotional outburst in the person who inflicted the beating.

• Admissibility of self-defense, attack by the victim.
• Systematic torture - both physical and moral - on the part of the victim.

The onset of passion, which entails consequences, significantly mitigates the criminal punishment, which follows in accordance with the provisions of Article 113 of the Criminal Code of the Russian Federation.

The qualifications of Article 112 of the Criminal Code of the Russian Federation do not apply here, since the crime is not intentional, there is no preliminary guilty intent in it.

Difference from similar acts

Differences from similar crimes under Art. 112 of the Criminal Code of the Russian Federation, acts can be classified as follows:

1. According to the severity of harm to the victim’s health. Even though the actions that cause it are similar, the consequences are significantly different. They may not cause harm at all (“Beatings”, Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation, 116 and 116.1 of the Criminal Code of the Russian Federation), or cause minor (Article 115 of the Criminal Code of the Russian Federation) or serious harm (Article 111 of the Criminal Code of the Russian Federation) to the health of the victim of a crime .
2. According to the circumstances of the commission . The Criminal Code includes 2 more articles providing for punishment for causing harm of moderate severity (as well as grave) - Art. 113 and 114. The first provides for liability for such harm caused in a special state - a state of passion. The second is when the perpetrator exceeds the limits of necessary defense or measures necessary to apprehend the criminal. Taking into account the special circumstances of the commission of these acts, the punishment for them, in comparison with the punishment under Art. 112 of the Criminal Code of the Russian Federation, much softer. And responsibility can only arise from the age of 16.

Reckless injury to health

The Criminal Code punishes only for intentionally causing moderate harm to the victim’s health. There is no provision for liability for its occurrence due to negligence.

However, the Code of Administrative Offenses of the Russian Federation contains Art. 12.24, according to which the infliction of moderate harm to the health of the victim is prosecuted (Part.

2) as a result of violation of traffic rules (in case of an accident) or operation of vehicles. The punishment in this case may be a fine of 10 to 25 thousand.

rub. or deprivation of the right to drive vehicles for up to 18 months.

Difference from Art. 112 of the Criminal Code of the Russian Federation in this case also consists of the circumstances of causing damage.

I go through Part 2 of Art. 112 of the Criminal Code of the Russian Federation, there is a suspended sentence. What could be the punishment?

Good afternoon. I go through Part 2 of Art. 112 of the Criminal Code of the Russian Federation, there is a suspended sentence. What could be the punishment?

Lawyer Antonov A.P.

Good afternoon

According to Part 2 of Art. 112 of the Criminal Code, intentional infliction of moderate harm to health, not dangerous to human life and not entailing the consequences specified in Article 111 of this Code, but causing long-term health disorder or significant permanent loss of general working capacity of less than one third, committed: a) in in relation to two or more persons; b) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty; c) in relation to a minor or another person who is known to be in a helpless state by the perpetrator, as well as with special cruelty, humiliation or torture for the victim; d) by a group of persons, a group of persons by prior conspiracy or an organized group; e) for hooligan reasons; f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group; ... h) with the use of weapons or objects used as weapons - is punishable by imprisonment for a term of up to five years. According to Art. 15 of the Criminal Code, depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code exceeds three years of imprisonment. Serious crimes are intentional acts for which the maximum punishment provided for by this Code does not exceed ten years of imprisonment. Particularly serious crimes are intentional acts, the commission of which is punishable by this Code in the form of imprisonment for a term of over ten years or a more severe punishment. Taking into account the actual circumstances of the crime and the degree of its public danger, the court has the right, in the presence of mitigating circumstances and in the absence of aggravating circumstances, to change the category of the crime to a less serious one, but not more than one category of crime, provided that for committing the crime specified in part three of this article, the convicted person is sentenced to a sentence not exceeding three years of imprisonment, or another more lenient punishment; for committing a crime specified in part four of this article, the convicted person is sentenced to a punishment not exceeding five years of imprisonment, or another more lenient punishment; for committing a crime specified in part five of this article, the convicted person is sentenced to a punishment not exceeding seven years of imprisonment. According to Art. 86 of the Criminal Code, a person convicted of committing a crime is considered to have a criminal record from the day the court’s conviction enters into legal force until the criminal record is expunged or removed. A criminal record in accordance with this Code is taken into account in case of recidivism of crimes, imposition of punishment and entails other legal consequences in cases and in the manner established by federal laws. A person released from punishment is considered to have no criminal record. A criminal record is expunged: a) in relation to persons on probation - upon expiration of the probationary period; b) in relation to persons sentenced to more lenient punishments than imprisonment - after one year after serving or executing the sentence; c) in relation to persons sentenced to imprisonment for crimes of minor or medium gravity - after three years after serving the sentence; d) in relation to persons sentenced to imprisonment for serious crimes - after eight years after serving the sentence; e) in relation to persons convicted of especially serious crimes - after ten years after serving the sentence. If the convicted person, in accordance with the procedure established by law, was released early from serving the sentence or the unserved part of the sentence was replaced by a more lenient punishment, then the period for expunging the criminal record is calculated based on the actually served term of the sentence from the moment of release from serving the main and additional types of punishment. If the convicted person behaved impeccably after serving his sentence and also compensated for the damage caused by the crime, then, at his request, the court may remove his criminal record before the expiration of the criminal record. Expungement or removal of a criminal record cancels all legal consequences provided for by this Code associated with a criminal record. According to Art. 18 of the Criminal Code, recidivism of crimes is the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime. Recidivism of crimes is considered dangerous: a) when a person commits a serious crime for which he is sentenced to actual imprisonment, if previously this person was sentenced to imprisonment two or more times for an intentional crime of moderate gravity; b) when a person commits a serious crime, if he was previously convicted of a serious or especially serious crime. Recidivism of crimes is recognized as especially dangerous: a) when a person commits a serious crime for which he is sentenced to actual imprisonment, if this person was previously convicted twice convicted of a serious crime to actual imprisonment; b) when a person commits a particularly serious crime, if he has previously been convicted of a serious crime twice or has previously been convicted of a particularly serious crime. When recognizing a recidivism of crimes, the following are not taken into account: a) convictions for intentional crimes of minor gravity; b) convictions for crimes committed by a person under the age of eighteen; c) convictions for crimes for which the conviction was deemed suspended or for which a deferment of execution of the sentence was granted, if the conditional conviction or deferment of execution of the sentence was not canceled and the person was not sent to serve the sentence in prison, as well as convictions expunged or expunged in accordance with the procedure, established by Article 86 of this Code. Recidivism of crimes entails a more severe punishment on the basis and within the limits provided for by this Code, as well as other consequences provided for by the legislation of the Russian Federation. According to Art. 68 of the Criminal Code, when assigning punishment for a recidivism, dangerous recidivism or especially dangerous recidivism of crimes, the nature and degree of public danger of previously committed crimes, the circumstances due to which the corrective effect of the previous punishment turned out to be insufficient, as well as the nature and degree of public danger of newly committed crimes are taken into account. The term of punishment for any type of recidivism of crimes cannot be less than one third of the maximum term of the most severe type of punishment provided for the crime committed, but within the sanction of the relevant article of the Special Part of this Code. In case of any type of recidivism of crimes, if the court establishes mitigating circumstances provided for in Article 61 of this Code, the term of punishment may be assigned less than one third of the maximum term of the most severe type of punishment provided for the crime committed, but within the sanction of the relevant article of the Special Part of this Code, and in the presence of exceptional circumstances provided for in Article 64 of this Code, a more lenient punishment than provided for this crime may be imposed. According to Art. Art. 61.62 of the Criminal Code, the following are recognized as mitigating circumstances: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) committing a crime due to a combination of difficult life circumstances or out of compassion; f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence; g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction; h) illegality or immorality of the behavior of the victim, which was the reason for the crime; i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime; j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim. When assigning a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating factors. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a crime, it in itself cannot be taken into account again when assigning punishment. In the presence of mitigating circumstances provided for in paragraphs “and” and (or) “k” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special parts of this Code. In the case of concluding a pre-trial agreement on cooperation in the presence of mitigating circumstances provided for in paragraph “and” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed half the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of this Code. The provisions of part one of this article do not apply if the corresponding article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment is imposed within the sanction of the relevant article of the Special Part of this Code. In the case of concluding a pre-trial agreement on cooperation, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment are not applied. In this case, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment in the form of imprisonment, provided for by the relevant article of the Special Part of this Code. The term or amount of punishment imposed on a person in respect of whom a criminal case is considered in the manner prescribed by Chapter 40 of the Criminal Procedure Code of the Russian Federation cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed, and in the case, specified in Article 226.9 of the Criminal Procedure Code of the Russian Federation - one-half of the maximum term or amount of the most severe type of punishment provided for the crime committed. According to Art. Art. 73.74 of the Criminal Code, if, having imposed correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for up to eight years, the court comes to the conclusion that it is possible to correct the convicted person without actually serving the sentence, it decides to consider the imposed punishment suspended . A suspended sentence is not assigned to: a) those convicted of crimes against the sexual integrity of minors under fourteen years of age; a.1) convicted for crimes provided for in parts one and two of Article 205.1, Article 205.2, part two of Article 205.4, parts one - three of Article 206, part four of Article 210, Articles 210.1 and 360 of this Code; b) when committing a serious or especially serious crime during the probationary period, with a conditional sentence imposed for committing an intentional crime, or during the unserved part of the sentence imposed for committing an intentional crime, with conditional early release; c) in case of a dangerous or especially dangerous relapse. When assigning a suspended sentence, the court takes into account the nature and degree of social danger of the crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances. Probation periods that have not expired on the day of entry into force of Federal Law No. 33-FZ of March 29, 2010 are calculated in the manner established by Article 73 of this Code (as amended by the said Federal Law). When assigning a suspended sentence, the court establishes a probationary period for which the conditionally convicted person must prove his correction by his behavior. In case of imposition of imprisonment for a term of up to one year or a more lenient type of punishment, the probationary period must be no less than six months and no more than three years, and in case of imposition of imprisonment for a term of more than one year - no less than six months and no more than five years . The probationary period is calculated from the moment the sentence enters into legal force. The probationary period includes the time elapsed from the date of pronouncement of the sentence. If a sentence is imposed in the form of detention in a disciplinary military unit, the conditional probationary period is established within the limits of the remaining period of military service on the day the verdict is announced. With a suspended sentence, additional types of punishment may also be imposed. The court, when assigning a suspended sentence, imposes on the suspended sentenced person, taking into account his age, ability to work and state of health, the performance of certain duties: not to change his permanent place of residence, work, study without notifying the specialized government body that monitors the behavior of the suspended sentenced person, not to visit certain places, undergo treatment for alcoholism, drug addiction, substance abuse or a sexually transmitted disease, work (get a job) or continue studying in a general education organization. The court may impose on the conditionally convicted person the performance of other duties that contribute to his correction. Control over the behavior of a conditionally convicted person is carried out by an authorized specialized state body, and in relation to military personnel - by the command of military units and institutions. During the probationary period, the court, on the proposal of the body monitoring the behavior of the conditionally convicted person, may cancel in whole or in part or supplement the duties previously established for the conditionally convicted person. If, before the expiration of the probationary period, the conditionally convicted person has proven his correction by his behavior, compensated for the damage (in whole or in part) caused by the crime in the amount determined by the court decision, the court, on the proposal of the body exercising control over the behavior of the conditionally convicted person, may decide to cancel the conditional sentence and on the removal of a convicted person's criminal record. In this case, the suspended sentence may be revoked after the expiration of at least half of the established probationary period. If a conditionally convicted person has evaded the fulfillment of the duties assigned to him by the court, has evaded compensation for damage (in whole or in part) caused by the crime in the amount determined by the court decision, or has committed a violation of public order for which he was brought to administrative responsibility, the court, upon presentation the body specified in part one of this article may extend the probationary period, but not more than by one year. If a conditionally convicted person, during an extended probation period in connection with his evasion of compensation for damage caused by a crime, in the amount determined by a court decision, systematically evades compensation for said damage, the court, upon the proposal of the body specified in part one of this article, may also make a decision on the revocation of a suspended sentence and the execution of a sentence imposed by a court verdict. If a conditionally convicted person, during the probationary period, systematically violated public order, for which he was brought to administrative responsibility, systematically failed to fulfill the duties assigned to him by the court, or escaped from control, the court, upon the proposal of the body specified in part one of this article, may make a decision to revoke the conditional sentence. conviction and execution of punishment imposed by a court verdict. If a conditionally convicted person commits a crime due to negligence or an intentional crime of minor or medium gravity during the probationary period, the issue of canceling or maintaining the conditional sentence is decided by the court. If a conditionally convicted person commits an intentional grave or especially grave crime during the probationary period, the court revokes the conditional sentence and imposes a punishment on him according to the rules provided for in Article 70 of this Code. According to the same rules, punishment is imposed in cases provided for in part four of this article. The rules established by parts four and five of this article also apply if the crimes specified in these parts were committed before the sentence providing for a suspended sentence came into force. In this case, trial of a new crime can take place only after the sentence providing for a suspended sentence has entered into legal force. Thus, since the probationary period has not yet ended, the crime provided for in Art. 264.1 of the Criminal Code, committed in a state of relapse, therefore the punishment cannot be less than 3 years 4 months of imprisonment. However, if there are mitigating circumstances, the court has the right to impose a punishment in accordance with the general procedure. In your case, a suspended sentence may be maintained if it is proven that you do not need to be isolated from society to correct yourself.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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Causing moderate harm to health

Concept

The crime under Part 1 of Art. 112 of the Criminal Code of the Russian Federation, infringes on the health of another person.

Harm caused to human health is understood as a violation of the anatomical integrity and physiological function of human organs and tissues as a result of exposure to physical, chemical, biological and mental environmental factors.

Signs of moderate health harm

Signs of moderate severity of harm to health are, firstly, the absence of danger to life at the time of infliction (that is, harm to health is caused that is not life-threatening) and the consequences specified in Art. 111 of the Criminal Code of the Russian Federation (provides for liability for intentional infliction of grievous bodily harm). Signs of serious harm to health are listed in the disposition of Part 1 of Art. 111 of the Criminal Code of the Russian Federation.

However, secondly, a sign of causing moderate harm to health is a long-term health disorder (that is, temporary loss of ability to work lasting more than 3 weeks (more than 21 days) or a significant permanent loss of general ability to work by less than one third (the latter sign, consisting of loss of general ability to work is established by a forensic medical examination.) Thirdly, a sign of causing moderate harm to health may be a persistent loss of general ability to work from 10% to 30%, which is also established by a forensic medical examination.

Corpus delicti

This crime is characterized by a deliberate form of guilt and can be committed with both direct and indirect intent. A crime is recognized as committed with direct intent if the person who committed it was aware of the social danger of his actions (inactions), foresaw the possibility or inevitability of the occurrence of socially dangerous consequences and desired their occurrence (Part.

1 tbsp. 25 of the Criminal Code of the Russian Federation).

A crime is considered committed with indirect intent if the person who committed it was aware of the social danger of his actions (inactions), foresaw the possibility or inevitability of socially dangerous consequences, did not want, but consciously allowed these consequences or was indifferent to them (Part 2 of Article 25 Criminal Code of the Russian Federation).

The qualified elements of this crime contain the signs that were disclosed in Part 2 of Art. 105 of the Criminal Code.

Responsibility and punishment

Responsibility for a crime under Art. 112 of the Criminal Code of the Russian Federation, begins at the age of 14.

The crime provided for in Part 1 of Art. 112 of the Criminal Code of the Russian Federation, restriction of freedom for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.

Since this crime belongs to the category of minor gravity, only a person who has previously been convicted or committed a crime during the period of parole can receive a real sentence for its commission.

As a rule, courts impose punishment in the form of restriction of freedom or suspended imprisonment.

Let's give an example. D.

I drank alcohol with a previously unknown V. in the park.

A quarrel occurred between them, during which D. approached the victim and struck several blows to the head, causing V.

fell. Approaching him again, D.

began to strike multiple times again. After the victim lost consciousness, D.

ran away. According to the conclusion of the forensic medical examination, the victim was diagnosed with: bruises of the scalp, concussion, bruises of the soft tissues of the neck.

Taken together, they are qualified as causing harm to health of moderate severity on the basis of a long-term health disorder.

Taking into account the great public danger of qualified types of crimes associated with causing harm to health, and in particular – causing harm to health of moderate severity, the legislator provides for only one type of punishment under Part 2 of Article 112 of the Criminal Code of the Russian Federation - imprisonment for a term of up to 5 years.

Part 2 of the article refers to crimes of medium gravity. When assigning punishment, courts take into account many circumstances, including what specific qualifying feature is imputed to the perpetrator, as well as the very circumstances of the crime committed.

Art. 112 part 1 of the Criminal Code of the Russian Federation, acquittal and the right to rehabilitation!

Dear Alexey Vladimirovich, congratulations to you! And the court did a great job: ↓ Read in full ↓ According to parts 1 and 2 of Article 156 of the Criminal Procedure Code of the Russian Federation, the preliminary investigation begins from the moment the criminal case is initiated, about which the investigator, inquiry officer, or inquiry body issues a corresponding resolution. When considering the case, the magistrate established that, in violation of paragraph 2 of part 1 of Article 40.1 of the Criminal Procedure Code of the Russian Federation, in the materials of criminal case No. 11801711065054390 there is no document confirming the withdrawal of the specified criminal case from the proceedings of the investigator of the Department of the Ministry of Internal Affairs of Russia for the city of Nyagan Kharlamova O.Yu. . and transferring it to acting investigator of the Department of the Ministry of Internal Affairs of Russia for the city of Nyagan, Kopytov A.A. for the conduct of an inquiry, respectively, confirming the competence of Kopytov A.A. of this criminal case to its proceedings and conduct further procedural actions on legal grounds. In support of the legitimacy of the investigation, investigator A.A. Kopytov criminal case No. 11801711065054390, the prosecution presented his testimony as a witness, who explained to the magistrate that the criminal case against Zim D.V. was handed over to him in May 2021, due to personal inattention, he printed out the decree on the seizure and transfer of the criminal case with an error. He was supposed to print the second sheet, but the first and second sheets were printed. I put the first sheet in the file (incorrect decision), and put the correct version in the storage drive. From the testimony of witness P.G. Yuzbekov, it follows that the criminal case against Zim D.V. was initiated on April 11, 2021 by investigator Erdniev, later transferred to investigator Kharlamova O.Yu. Then, on May 28, 2021, it was confiscated from her and handed over to investigator A.A. Kopytov. At the same time, the witness entered information about the transfer of the case into the journal and prepared an act on its seizure. He records each criminal case in the journal on the progress of criminal cases and transfers it to the investigator against signature. The fact that the wrong form of the decision on the seizure and transfer of the criminal case was printed is a technical error, there is a reliable decision in the storage device, but the decision with an error was included in the file. In addition, the prosecution as the legality of the proceedings and.o. investigator Kopytov A.A. investigative actions in this criminal case, the alleged original of the resolution to confiscate the criminal case from the investigator O.Yu. Kharlamova is attached. and transferring it to acting investigator Kopytov A.A. dated May 28, 2021. Also presented is a book of records of criminal cases accepted for proceedings and initiated by investigators of the inquiry department of the Department of Internal Affairs for the city of Nyagan, in which, according to the prosecution, there is information about the transfer of the criminal case to investigator A.A. Kopytov. However, the magistrate cannot accept this evidence for the following reasons. So, according to Kopytov A.A. due to personal inattention, he printed out the resolution on the seizure and transfer of the criminal case with an error. He was supposed to print the second sheet, but the first and second sheets were printed. I put the first sheet in the file (incorrect decision), and put the correct version in the storage drive. Witness Yuzbekov P.G. explained to the court that on May 28, 2021, the criminal case was seized from O.Yu. Kharlamova. and handed over to investigator A.A. Kopytov. At the same time, Yuzbekov P.G. entered data on the transfer of the case into the journal, prepared an act on its seizure. Thus, there are significant contradictions in the testimony of witnesses about the origin of the decision presented to the court on the seizure of the criminal case dated May 28, 2021. So, Kopytov A.A. claims that this document was prepared and printed by him, whereas paragraph 2 of part 1 of article 40.1 of the Criminal Procedure Code of the Russian Federation, the publication of this document falls within the competence of the head of the inquiry unit, and not the investigator. And Yuzbekov P.G. claims that he is the author of the resolution on the seizure and transfer of the case. After the investigation was completed and the indictment was drawn up, before the criminal case was sent to court, the case was checked by the head of the inquiry unit, the head of the inquiry body, as well as the supervising prosecutor. However, the above persons did not indicate the absence of the resolution of May 28, 2021 in the case materials. Also unconvincing, in the opinion of the court, is the argument that the original resolution of May 28, 2021 was mistakenly placed in the so-called “storage” Thus, by the decision of the magistrate of the judicial district ... Nyagansky judicial district of the Khanty-Mansiysk Autonomous Okrug-Ugra dated 31 On July 2021, the present criminal case was returned to the prosecutor in accordance with paragraph 1 of part 1 of Article 237 of the Criminal Procedure Code of the Russian Federation, including on the basis of the absence in the case materials of a resolution to confiscate the case from investigator O.Yu. Kharlamova. and transferring it to acting investigator Kopytov A.A. The deputy prosecutor of the city of Nyagan filed an appeal against the court decision and by the decision of the Nyagan City Court of Khanty-Mansi Autonomous Okrug-Yugra dated September 17, 2018, it was canceled and the case was sent for a new trial. At the same time, neither in the court of first instance, nor in the court of appeal, representatives of the prosecutor's office of the city of Nyagan declared the existence of the original resolution of May 28, 2021. The said resolution in an unknown way arose during the consideration of the case on the merits and was added at the court hearing on November 29, 2018. Analyzing these circumstances, the magistrate comes to the conclusion that this resolution did not exist at all at the time the case was sent to court. Reference by the prosecution to the presence of the signature of Kopytov A.A. about his acceptance of the case for proceedings in the “Book of Criminal Cases...” also does not indicate the legal transfer of the case to him, since it is impossible to reliably establish the date of its appearance there, and this transfer is not formalized in accordance with the requirements of the Criminal Procedure Code of the Russian Federation. Thus, when transferring a criminal case, l: within the meaning of the criminal procedure law, an act must be adopted indicating the termination of the powers of a particular investigator or interrogator to conduct proceedings in this case, which is a written resolution on the seizure and transfer of the case to another investigator or interrogator, which nothing was done during the investigation of this criminal case. Consequently, the above violations of the criminal procedural law, in the opinion of the magistrate, are significant, entailing the recognition as legally void of the investigative and procedural actions carried out by the investigator Kopytov A.A., accordingly, the preliminary investigation was carried out by him in the absence of legal grounds, and the evidence he received are unacceptable, obtained in violation of the requirements of the Criminal Procedure Code of the Russian Federation. Taking into account the above, the magistrate, guided by Article 75 of the Criminal Procedure Code of the Russian Federation, recognizes the following evidence as inadmissible: - testimony of witness S.V. Shchukina dated June 21, 2018, announced in accordance with Part 3 of Article 281 of the Criminal Procedure Code of the Russian Federation; - testimony of witness Mubarakov D.Kh. dated 06/08/2018, announced in accordance with Part 1 of Article 281 of the Criminal Procedure Code of the Russian Federation; — protocol of inspection of items dated June 07, 2021, during which a disc with a video recording was inspected; - protocol of the confrontation between the victim R.V. Shchukin. and suspects Zima D.V.; - protocol of confrontation between witness S.V. Shchukina. and suspects Zima D.V.; - protocol of the confrontation between the victim R.V. Shchukin. and witness Zim A.V.; - protocol for checking the testimony of the victim R.V. Shchukin. dated July 09, 2021; - protocol for checking the testimony on the spot dated July 09, 2021 of witness S.V. Shchukina... Other evidence presented by the prosecution, in the opinion of the magistrate, does not confirm the guilt of D.V. Zim. in the act incriminated by the investigative body. Thus, the testimony of the victim R.V. Shchukin. at the court hearing that it was the defendant who caused him the bodily injuries specified in the indictment, is not supported by other evidence. Testimony of witness Munipov R.A. at a court hearing cannot serve as evidence of the guilt of Zim D.V. in causing bodily harm to R.V. Shchukin, since he did not see whether Zim D.V. was struck during the fight between him and the victim. Witness Zima A.V. denied the fact of striking the victim by the defendant, explaining that Zima D.V. separated them from the victim, standing between them and pushing them to the sides. Witness S.V. Shchukina refused to testify at the trial, using Article 51 of the Constitution of the Russian Federation. Witnesses Yuzbekov P.G., Kopytov A.A., Kharlamova O.Yu. were questioned at the court hearing about the circumstances of the investigation of this criminal case, and are also not eyewitnesses of the allegedly intentional infliction of Zim D.V. bodily harm to the victim Shchukin}' R.V., i.e. those actions that are charged with Zima D.V. by the prosecution. Report of the UUP OUUP and PDN of the Department of Internal Affairs of Russia for the city of Nyagan Mubarakova D.Kh. about the discovery of signs of a crime under Part 1 of Article 112 of the Criminal Code of the Russian Federation in the actions of D.V. Zim, who on October 25, 2021, at about 1... hours and 15 minutes, while at the shopping mall, located at the address: Nyagan, street Peter the Great, house 1, inflicted bodily injuries on R.V. Shchukin, causing moderate harm to health, written from the words of the victim, an eyewitness to these events, Mubarakov D.Kh. didn't show up. From the forensic medical examination report No. 0130 dated February 19, 2021 and expert report No. 0264 dated April 18, 2018, it follows that Shchukin R.V. at the time of seeking medical help on October 25, 2021, there were bodily injuries: dislocation of the 4th finger of the right hand, fracture-dislocation of the main phalanx of the 5th finger of the right hand, which caused moderate harm to health (due to a long-term health disorder). At the same time, in both cases the expert was presented with incorrect information about the circumstances of the infliction of R.V. Shchukin. bodily harm. In particular, in the referral for a forensic medical examination and in the resolution ordering the examination, it is indicated that R.V. Shchukin. There was one blow to the face and one kick to the right hand. Whereas from the indictment it follows that Shchukin R.V. one blow was struck with the right foot, shod in shoes, on the fifth finger of the right hand, as well as one blow with the inner base of the palm of the right hand on the fourth finger of the right hand. Thus, the examination and examination were carried out without taking into account the circumstances that are incriminated against Zim D.V., which raises doubts about their reliability and validity. Expert Vasiliev V.F. at the court hearing he showed that the injuries the victim had could have been caused by the impact of a hard, blunt object, either from a blow or from a collision. At the same time, the expert does not indicate the person who caused the damage to R.V. Shchukin, but only provides explanations about the mechanism of the formation of bodily injuries. Thus, the magistrate considers the defendant’s testimony about his innocence to be truthful, since the totality of the prosecution’s arguments does not refute them. Thus, the investigator of the Department of the Department of Internal Affairs of Russia for the city of Nyagan, Kharlamova O.Yu. On May 4, 2021, Zima Dmitry Vasilyevich was interrogated as a suspect in the absence of defense attorney A.V. Dvizov, since the protocol of interrogation of the suspect does not contain the signature of lawyer A.V. Dvizov. At the same time, Zima D.V. did not refuse the services of a defense lawyer; accordingly, the right of Zima D.V. was violated. for his defense in this criminal case. In addition, the indictment was drawn up in violation of the requirements of Article 225 of the Criminal Procedure Code of the Russian Federation, since it was drawn up by a person to whom the criminal case was not transferred for preliminary inquiry. Analyzing the above facts, the magistrate has irremovable doubts about the guilt of D.V. Zim, which he interprets in favor of D.V. Zim. and comes to the conclusion that he was not involved in causing bodily harm to R.V. Shchukin, and, therefore, in committing a crime under Part 1 of Article 112 of the Criminal Code of the Russian Federation, i.e. to the intentional infliction of moderate harm to health, not dangerous to human life and not entailing the consequences specified in Article 111 of the Criminal Code of the Russian Federation, but causing long-term health disorder, and therefore he is subject to acquittal, has the right to rehabilitation and compensation for property and moral damage in the manner prescribed by Articles 135-136 of the Criminal Procedure Code of the Russian Federation. The criminal case is not subject to return to the prosecutor in accordance with Article 237 of the Criminal Procedure Code of the Russian Federation for the following reasons. The list of grounds for returning the case to the prosecutor is clearly established by Article 237 of the Criminal Procedure Code of the Russian Federation. Indeed, the indictment in this case was drawn up in violation of the requirements of the Criminal Procedure Code, however, a prerequisite for returning the case on the basis of paragraph 1 of part 1 of Article 237 of the Criminal Procedure Code of the Russian Federation is the impossibility for the court to pass a sentence or other judicial decision on the basis of this indictment. In this criminal case, there are no obstacles to the court’s verdict; accordingly, there are no legal grounds for returning the case to the prosecutor in accordance with Article 237 of the Criminal Procedure Code of the Russian Federation. The preventive measure in the form of a recognizance not to leave the place and proper behavior is subject to cancellation. The criminal case must be sent to the head of the inquiry agency for conducting a preliminary investigation and identifying the person to be brought in as an accused. Taking into account the gross violations of the criminal procedural law committed during the investigation of this criminal case, the magistrate considers it necessary to send a private resolution to the head of the Department of Internal Affairs of Russia for the city of Nyagan. Grounds for issuing a private ruling against defender Dvizov A.V. The magistrate does not see it. SENTENCED: To find Dmitry Vasilyevich Zim not guilty and acquit Zim of the charge of intentionally causing moderate harm to health, not dangerous to human life and not entailing the consequences specified in Article 111 of the Criminal Code of the Russian Federation, but causing long-term health problems, i.e. for committing a crime under Part 1 of Article 112 of the Criminal Code of the Russian Federation, in accordance with paragraph 2 of Part 2 of Article 302 of the Criminal Procedure Code of the Russian Federation, for his non-involvement in the commission of this crime. The preventive measure in the form of a recognizance not to leave the place and proper behavior is subject to cancellation. Recognize Dmitry Vasilyevich Zim's right to rehabilitation in connection with the acquittal, which includes the right to compensation for property damage and elimination of the consequences of moral damage. The criminal case should be sent to the head of the inquiry body to conduct a preliminary investigation and identify the person to be brought in as an accused. Procedural costs shall be attributed to the federal budget