Article 115. Intentional infliction of minor harm to health

ST 115 of the Criminal Code of the Russian Federation.

1. Intentional infliction of slight harm to health, causing short-term health disorder or minor permanent loss of general ability to work, -

shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to four months.

2. The same act committed:

a) for hooligan reasons;

b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group; Information about changes:

Federal Law No. 227-FZ of July 21, 2014 added paragraph “c” to Part 2 of Article 115

c) using weapons or objects used as weapons;

d) 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, -

shall be punishable by compulsory labor for a term of up to three hundred sixty hours, or correctional labor for a term of up to one year, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.

Intentional infliction of grievous harm: key points

The term harm caused to a person refers to a violation of the integrity of the physiological state of the body: organs or tissues.
Consequently, human health becomes the object of such crimes. Here it is necessary to understand that harm can be caused intentionally or unintentionally, and the punishment depends on the severity of the injuries received.

If harm to health is caused by prior agreement, this does not relieve the perpetrator from criminal liability. This may include illegal abortions, which are performed in inappropriate conditions and by doctors who are often unqualified.

Criminal liability may extend to self-harm if this act forms part of another crime, for example, evasion of military service.

Important! Injuries caused during sports competitions will not be considered a crime if these competitions are obviously associated with risk and the incident did not violate the current rules.

Harm concept

What can be considered harm received? In essence, these are consequences that entail a violation of the functionality of the body or its integrity. However, this definition is quite broad, so it makes sense to familiarize yourself with the nuances in more detail.

Applicable classification

Three categories of harm are defined:

• premeditated;
• unintentional;
• in an affective state.

It is the first point that receives the most attention, when the attacker acts consciously, purposefully committing a crime against the health, and sometimes even the life of a person, if the inflicted injuries and mutilations turn out to be incompatible with the vital functions of the body.

Consequences

This takes into account the change in a person’s physical condition after injuries. According to these features, harm is divided into:

• fixable;
• irreparable;
• incompatible with life.

The consequences can be distinguished by injuries:

• physical;
• moral.

In some cases, we are talking about combined injuries, when physical injury leads to severe psycho-emotional disorder of a person.

Varieties

This refers to crimes that are committed with the aim of causing physical harm to a person. This may include:

1. Purposeful infliction of damage to health and threat to life.
2. Illegal medical intervention, for example, removal of organs or tissues without the patient’s consent.
3. Violent acts of a sexual nature.

Causing harm to health

Actions that lead to the loss of the body’s ability to function fully are regarded as causing harm to health. The severity of damage is divided into three categories: severe, moderate, light. Depending on which category a particular crime is classified into, the punishment facing the attacker depends.

In order for a crime to be classified as harm to health, at least one of the following signs must be present:

• loss or impairment of one of the senses, such as hearing or vision;
• facial deformities;
• the damage resulted in disability;
• the victim has lost the ability to perform work activities for a certain period of time;
• as a result of the injuries, the life of the victim was at risk;
• health impairment (for a minimum period of three weeks);
• harm to health can be detected even in the absence of visible physical injuries. This applies to cases where a minor develops a mental disorder and also begins to take drugs.

Severity qualification

This criterion is assigned to a forensic medical examination. As part of the survey, the following factors of severity of physical damage are established:

• danger of injury to life;
• duration of disability;
• complete inability to carry out work;
• loss of internal organs or limbs, including impairment of functionality;
• mental disorders, this includes acquired addiction provoked by medications;
• disfigurement of appearance;
• interruption of intrauterine development of the fetus during pregnancy.

All of the above points apply to harm to health. If the victim receives multiple injuries, the severity is classified according to the most life-threatening.

Criminal liability

The Criminal Code of the Russian Federation in its articles contains a number of sanctions for causing various degrees of damage to the body.

That is, when causing bodily harm to a minor, some offenses provide for a more severe punishment, but not all.

Features of punishment for minors

In the event that one of these acts occurred through the fault of a minor in relation to another child who is not yet 18 years old (or a minor whose age limit is even lower), liability will be the same as if these crimes were committed by an adult.

And all because the subjects of the crimes listed in the table are sane citizens who have reached the age of:

• 14 years (Articles 111 and 112 of the Criminal Code of the Russian Federation);
• 16 years (Articles 115 and 118 of the Criminal Code of the Russian Federation).

When bodily harm is inflicted by a gang of minors , this is also regarded by criminal law as an additional aggravating feature. For example, in accordance with paragraph “a” of Part 3 of Article 111 of the Criminal Code of the Russian Federation, this crime, which was committed by a group of criminals , is punishable by imprisonment for 12 years with the appointment of restriction of freedom for 2 years or without this sanction.

The court will apply such a severe penalty only if a group of teenagers caused damage to the health of a minor or the act was committed with other aggravating circumstances from Part 2 of Article 111 of the Criminal Code of the Russian Federation.

A similar responsibility will await a citizen who is already 18 years old. However, the court, taking into account the age of the minor, may choose a less severe punishment from the types of punishment available in the article.

Read more about liability for harm caused by minors and incompetent persons under the Criminal Code of the Russian Federation, as well as who will compensate for the harm and how.

Preventive measure

The responsibility of the accused is determined by the severity of the damage caused to the victim. Let's look at how this looks from the point of view of the criminal code.

• Serious harm to health caused intentionally (Article 111 of the Criminal Code). Depending on the qualifying criteria, the perpetrators may be sentenced to up to 15 years in prison. The minimum liability under this article is up to 8 years if the accused causes intentional harm to the victim, the maximum - if the victim died.
• Damage of moderate severity (Article 112 of the Criminal Code). This refers to physical damage that is not life-threatening, but which causes long-term health problems. Maximum punishment under the article: up to 5 years in prison.
• Intentional infliction of damage of moderate and severe severity in an affective state (Article 113 of the Criminal Code of the Russian Federation). Punishable by imprisonment for 2 years, forced labor or correctional labor for a similar period.
• Exceeding the limits of acceptable self-defense, causing harm of high and moderate severity (Article 114 of the Criminal Code of the Russian Federation). Punishable by imprisonment for 1-2 years.
• Article 115 of the Criminal Code of the Russian Federation for intentional infliction of harm to health of minimal severity. May be punished by a fine of up to 40,000 rubles, imprisonment from 4 months to 2 years.

Download for viewing and printing:
Article 111 of the Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Article 112 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Article 113 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Article 114 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Article 115 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Aggravating circumstances

According to Article 63 of the Criminal Code of the Russian Federation, aggravating circumstances are considered:

• relapse;
• grave consequences;
• Active participation;
• involvement of minors;
• political, social and racial motives;
• crimes committed with extreme cruelty;
• crimes committed against pregnant women;
• using official position;
• in relation to minors.

Download for viewing and printing:
Article 63 of the Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ (as amended on February 19, 2018)

What is considered serious harm to health?

This includes causing significant physical damage to the victim’s health. This may include:

• limb amputation;
• loss of working capacity by more than 1/3;
• serious mental disorders;
• loss of functionality of organs or systems of the human body.

Increase in sentence

For this purpose, the following qualifying characteristics will be taken into account:

• planned action;
• a socially dangerous method of committing a crime;
• the attacker is acting for hire;
• being under the influence of alcohol and drugs at the time of the crime;
• national and political motives.

Second commentary to Art. 115 of the Criminal Code of the Russian Federation

1. The main elements of this crime are provided for in Part 1 of Art. 115 of the Criminal Code and differs from other elements of intentional infliction of harm to health only in the consequences determined by alternative signs.

A pathological sign of minor harm to health is a short-term health disorder, which is defined as lasting no more than 21 days. The economic sign of minor health damage is a slight permanent loss of general ability to work, equal to 5%.

2. The subjective side of this crime is characterized by direct or indirect intent. Subject is a person who has reached the age of sixteen.

3. As qualifying signs of intentional infliction of minor harm to health, Part 2 of Art. 115 of the Criminal Code provides for: hooligan motives (clause “a”), extremist motives (clause “b”), the use of weapons or objects used as weapons, as well as in relation to a person or his relatives in connection with the performance of official activities by this person or fulfillment of public duty (clause “d”). For the content of these signs, see: commentary to Part 2 of Art. 105 of the Criminal Code and commentary to Art. 112 (clause “h”) of the Criminal Code.