How is causing minor harm to health by negligence classified?

1. 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, -

shall be punishable by 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.

2. The same act committed:

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) 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;

g) no longer valid

h) with the use of weapons or objects used as weapons -

is punishable by imprisonment for a term of up to five years.

Definition of minor harm to health

Causing minor harm to health - injuries that are not life-threatening , do not require long-term treatment (up to three weeks) and do not affect overall ability to work (the maximum limit in this case is up to 10%).

This is regulated by Article 115 of the Criminal Code of the Russian Federation. It follows from this that an action that entailed such consequences (short-term health disorder, minimal loss of ability to work) committed unintentionally refers to the concept of causing minor harm through negligence.

Commentary to Art. 112 of the Criminal Code of the Russian Federation

1. The object of this crime is social relations that guarantee the inviolability of health.

2. The objective side includes three signs: the act, the consequences in the form of harm to the health of the victim, as well as the causal relationship between the act and the consequences that occurred.

Medical criteria for signs related to causing moderate harm to health are:

1) temporary dysfunction of organs and (or) systems (temporary disability) lasting more than three weeks (more than 21 days);

2) significant persistent loss of general ability to work by less than 1/3 - persistent loss of general ability to work from 10 to 30% inclusive.

In addition, the mandatory criminal law signs of intentional infliction of moderate harm to health are:

1) absence of harm to health that is life-threatening;

2) absence of consequences specified in Part 1 of Art. 111 of the Criminal Code of the Russian Federation.

3. The subjective side of this crime provides for direct or indirect intent to cause consequences in the form of causing harm to health of moderate severity.

4. The subject of the crime is a sane individual who has reached the age of 14 at the time the crime was committed (Part 2 of Article 20 of the Criminal Code of the Russian Federation).

5. The qualifying features in Part 2 of the commented article practically coincide with the qualifying features in Parts 2 and 3 of Art. 111 of the Criminal Code of the Russian Federation.

What does "unintentional" mean?

Causing minor harm to health through negligence (unintentional) is an act that has signs of minor harm to health , namely the absence of a threat to life, minimal damage to health, short-term treatment for 21 days, loss of ability to work up to 10% and not having any intent (not direct , nor indirect).

How to prove that this was done through negligence?

To do this you need to collect some evidence:

• recordings from CCTV cameras, recorders, etc.
  Important! It is especially important in case of an accident; a video recorder is often the only thing that can confirm your innocence.
• Witnesses who can testify that the act was committed without intent.
• Other evidence based on the specific situation.

Having collected them, you need to submit them to the investigation and wait for the result. If the evidence is significant and it clearly shows that it was a simple “coincidence” of circumstances, then the court will recognize your innocence and all that threatens you is payment of damages (financial and moral).

Since unintentional harm to health is equivalent to injuries sustained through negligence (these are synonyms), the procedure for refuting one’s guilt is absolutely the same.

Why do this?

Some people think that this is not necessary at all.
In most cases, the police do not want to open cases of minor bodily harm, and the victim cannot always prove that it was intentional bodily harm. But this needs to be proven, and here's why. At a minimum, the victim can sue for compensation for treatment costs and moral damages, and a verdict can be rendered in his favor. Then you can lose a considerable amount of money.

What responsibilities are provided?

Liability comes only if you cannot prove your innocence and is regulated by Article 115 of the Criminal Code of the Russian Federation. When talking about punishment in this case, it is important to consider some points:

• medical signs;
• qualifying signs.

Reference! If the damage is minimal and the signs are not qualified, you will not face serious problems, even if you decide not to prove your innocence or are unable to do so even if you really want to. But the above signs play a big role.

The bodily lungs themselves are divided into the following subcategories:

1. minimal damage that did not entail loss of ability to work and deterioration of health for a certain period;
2. more serious damage leading to more serious consequences.

The first category is the most minimal damage, which disappears in the shortest possible time - 6 days. It could be a bruise, contusion, dislocation, scratch.

The second includes more serious injuries. These are health problems that resolve within three weeks (i.e. longer than 6 days, but not more than 21 days), loss of ability to work up to 10% (partial loss of hearing, vision).

If the victim completely loses sight, hearing, or a finger on his hand, then this will be classified as causing moderate harm to health.

This is due to the fact that the loss of ability to work will be 30%, which is 20% higher than the norm in terms of minor harm to health.

If the victim has the second category of injuries, then this may aggravate the punishment.

Qualifying signs can do the same, these include:

• an atrocity due to which more than 2 people were injured;
• assault while performing official duties;
• if the victim was a minor and could not defend herself;
• a crime that was committed by force or humiliation;
• a criminal group consisting of several people;
• crime committed due to ordinary hooliganism;
• the villain who used the weapon;
• discrimination against religion or race.

Attention! Our legislation provides for liability for minor damage to health from the age of 16, while for more severe injuries (moderate or serious bodily injury) you will have to answer from the age of 14.
There is a clear list of penalties that are applied depending on the specific situation:

1. in the absence of qualifying (aggravating characteristics):
   fine, but not more than 40 thousand rubles;
2. a fine in the amount of three salaries of the person who committed the crime;
3. arrest for up to 4 months;
4. up to a year of correctional labor;
5. up to 480 hours of community service.
6. With the presence of qualifying characteristics:
   imprisonment for up to two years;
7. restriction of freedom for up to two years;
8. up to 360 hours of compulsory work;
9. up to a year of correctional labor;
10. up to two years of forced labor;
11. arrest for up to six months.

As we indicated above, there are several types of bodily injuries (first and second categories) and the degree of punishment also depends on the category, since the second is more severe than the first. Read about liability for causing minor harm to health here.

Judicial practice: sentences and punishment under Art. 112 of the Criminal Code of the Russian Federation

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Problems of differentiation from other elements of crime

The main problem is to distinguish between intentional harm and unintentional harm. This is decided by the provision of evidence from the applicant and the accused. In addition, there are the following options:

• the absence of general signs of the subjective side, object, objective side, but the presence of such applies to the subject. Subject is defined as a person who has reached the age of 16.
  Basically, from the age of 16, responsibility for most criminal offenses begins, with the exception of particularly cruel ones.

  For example, murder or the infliction of intentional bodily harm of moderate or severe degree, so this sign will coincide in many cases, accordingly, delimitation will most likely not occur based on such signs.

• Presence of most common features. For a complete explanation, let’s compare two articles: 115 of the Criminal Code (inflicting minor injuries intentionally) and 112 of the Criminal Code (inflicting moderate injuries intentionally).
  Almost everything in them coincides, the only exception is the degree of damage caused. And accordingly, various medical signs, such as the duration of treatment, loss of ability to work, etc. Such similarity is usually called adjacent; delimitation often causes difficulties, since the Criminal Code of the Russian Federation contains many related crimes.
• The presence of minimal common features. Let's compare several articles: 113 of the Criminal Code of the Russian Federation (infliction of moderate harm to health in a state of passion) and 115 (intentional infliction of minor harm).
  Their main common feature is health disorder. There are much more differences: the first case is carried out in a state of passion, the second intentionally, the degree of damage is different, the age at which responsibility begins, and so on. In this case, it is quite easy to distinguish it from other crimes.

Examples

Case 1

Citizen Melnikov K.L. I was driving along the main road in my car. Another car, the driver of which did not consider it necessary to let Melnikov through, flies into the vehicle, as a result - an accident occurs.

K.L. Melnikov was not injured, as he was wearing a seat belt, but the culprit of the traffic accident received two minor bruises and a dislocation. The injuries were classified as minor harm to health.

If his guilt is not refuted, he may face a fine of up to 40 thousand rubles, or arrest of up to 4 months, or correctional labor of up to a year, or community service of up to 480 hours, or a fine of three salaries.

Case 2

Citizen A.P. Konkova was in the office, at her workplace. Leaving her office, she completely accidentally “knocked” the visitor’s door, since he was walking past the doorway just at the very moment when Konkova came out.

The incident was classified as minor injuries, revealing a hematoma on the victim's forehead. If there are security cameras in the office and there was at least one witness during the collision, then she will not bear any responsibility, the maximum that she faces is payment for financial and moral damage.

If she does not prove her innocence, then she faces the same thing as in the case of K.L. Melnikov: a fine of up to 40 thousand rubles, or arrest of up to 4 months, or correctional labor of up to a year, or community service of up to 480 hours, or a fine of three salaries.