New edition of Art. 112 of the Criminal Code of the Russian Federation
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g) no longer valid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.
Features of the crime
Moderate injuries include all injuries that:
- cannot lead to human death;
- did not cause loss of hearing, vision or functionality of any organ of the human body;
- did not lead to termination of pregnancy;
- did not cause a mental disorder;
- are not expressed in irreparable disfigurement of appearance;
- did not induce permanent disability or the inability to engage in a certain type of activity.
At the same time, causing such damage leads to long-term loss of health and loss of ability to work for a period of more than 3 weeks. Examples of such injuries include joint dislocations, small bone fractures, soft tissue injuries, etc.
The subject of the crime may be a person over fourteen years of age who intentionally or unintentionally committed actions that resulted in injury to the victim.
Liability for intentional causing of harm
According to Art. 112 of the Criminal Code of the Russian Federation, intentional infliction of harm of moderate severity entails punishment for the perpetrator in the form of:
- imprisonment or restriction of freedom for up to 3 years;
- forced labor for a period of up to 3 years;
- arrest for a period of up to six months.
At the same time, the presence of aggravating circumstances leads to the fact that the sentence may be imprisonment for a period of up to 5 years. Aggravating circumstances include:
- Causing injury to two or more persons.
- Causing harm to a person or his relatives, when the cause of the crime was official activity or the performance of public duty by the victim.
- Committing actions against a minor or a person who was in a helpless state at the time of the crime.
- Commitment of an act by a group of persons, including by prior agreement.
- Committing a crime with hooligan intent, for political, ideological reasons, as well as on the basis of racial, ideological, religious or national enmity (you can find out about criminal liability for hooliganism here).
- Use of weapons or other objects that can be used instead of weapons to cause injuries.
It is worth noting: if the victim intends to initiate a criminal case based on the fact that he received bodily injuries, he must file a statement of battery with law enforcement agencies.
Law enforcement officers will send the victim for a forensic medical examination, which will determine the severity of the damage to health. In accordance with this, the appropriate article of the Criminal Code will be selected to qualify the crime and a criminal case will be initiated. A crime is considered committed intentionally if it is proven that at the time of inflicting moderate injuries the perpetrator was aware of the consequences of his actions and could not have committed them. However, he was in a normal mental state.
Criminal liability arises only if the injuries are severe (Article 118 of the Criminal Code of the Russian Federation).
Criminal liability under Article 112 of the Criminal Code of the Russian Federation is discussed in the following video
What is the penalty for threatening to kill with a knife?
I was legally moved in from birth on 04/12/1976 at the place of residence of my father Evgeniy Viktorovich Sinitsyn (03/08/1947) and mother Irina Grigorievna Goryacheva (02/20/1948) at the address of the Russian Federation 115162 Moscow, Mytnaya Dom Street 60 apartment 40 (ground floor). During the divorce and forced exchange between my parents (when I was 10 years old) in the Zamoskvoretsky District Court of Moscow, I expressed my will to stay with my father, he was not against it.
I lived permanently for 37 years, never moved to another place of residence, I have permanent registration at the above address (stamp B in my Russian passport). In 2009, my father and sister privatized this apartment without taking into account my legal rights and interests (without asking me, I did not give any consent to privatization), although I lived in this apartment. Now I have applied to the court for the protection of my legal rights and interests, since according to the Law of the Russian Federation, during privatization my interests, as an adult family member who has equal rights with my relatives, should have been taken into account, including the right to privatization, which I can realize I can’t, which puts me in an unequal position with other citizens of the Russian Federation.
There is a vested interest in our apartment by third parties (house neighbors, black realtors, false husbands, etc.) who want to buy our apartment and evict me onto the street using forged documents and conspiracy. Since 2009, deliberately false information and slander about my alleged inadequacy, which is not true, have been persistently spread against me by a group of people in conspiracy (housemates, etc.). I work as an accountant, I have never been and am not registered with ND and IPA, I lead a healthy lifestyle, go in for sports and human rights activities (there is documentary evidence, witnesses, etc.). However, I continue to receive threats to my life, health and housing from third parties in conspiracy, witnesses are put under pressure (bribery, blackmail, threats) and force them in some cases to change their testimony, these crimes are committed persons who want to resettle our apartment without taking into account my legal rights and interests, buy it cheaper and resell it or transfer it to non-residential stock. Therefore, for the past 3 years I have been under psychological pressure - blackmail, threats, intimidation, attempts on my life, threats of placement in a psychiatric clinic, various certificates about my health are being forged by false doctors with whom I am not even familiar, infiltrating my personal life, disseminate information discrediting my honor, dignity and business reputation. It is extremely difficult for me to access justice, I do not receive answers to my numerous statements from the Department of Internal Affairs of Russia in the Danilovsky district of Moscow (South Administrative Okrug), behind my back, on the basis of deliberately false information from persons interested in committing a crime, they are deliberately fabricating against my life. an unjust case with the aim of taking over and relocating an apartment without taking into account my legal rights and interests. At the same time, an organized group of people in conspiracy (OCG) is provoking a situation that is dangerous for my life, I am literally being drawn into using drugs (offered to use them), engaging in prostitution (Article 240 of the Criminal Code of the Russian Federation), inclining me to cohabit with criminals, and depriving me of funds to existence (damage to reputation, erosion of trust) and so on. The officials responsible for what is being done against my life, health and housing are inactive. A criminal group of people in conspiracy is putting psychological and physical pressure on me so that I change my testimony and refuse to fight for my inalienable rights, i.e. an environment is being created that is conducive to discrediting my rights. Despite the fact that I am in a civil marriage and am pregnant, criminals are trying to forcibly pass me off as my husband, conducting provocative correspondence on my behalf and with my photographs with inappropriate men, in some cases with a criminal record, some of them use drugs and alcohol , who then harass me, insult, humiliate, mock and behave inappropriately, dangerously for my life and health, they say literally “we will wipe you off the face of the earth”, “the apartment will be ours”, “you will die in the trash heap”, “nobody to you” will not help”, “you will spend your last days in a psychiatric hospital”, “we will poison you with gas and you will not die a natural death, but no one will guess about it”, “we have everything covered, no one will help you”, etc. — there is documentary evidence of these statements (audio and video recordings), witnesses. Threats of murder are made right under my windows, they disturb the silence at night, uncontrolled visits to the basement under my windows (even at night), constantly forcing me to defend myself.
When the police are called, the criminals manage to escape, since the police do not arrive immediately, and in some cases, police cars simply drive by and do not even check the documents of people who have gathered at night, drinking alcohol and shouting threats right in the courtyard of the house ( all this is recorded on video).
THERE IS A COMPONENT OF CRIMES UNDER ARTICLES OF Art. 330 (“Arbitrariness”), 159 (“Fraud”), 210 (“Organization of a criminal community (criminal organization) or participation in it”), 209 (“Banditry”), 163 (“Extortion”), 179 ( “Forcing to complete a transaction or to refuse to complete it”), Art. 30 Preparation for a crime and attempted crime, Art. 40 of the Criminal Code of the Russian Federation Physical or mental coercion, Art. 240 of the Criminal Code of the Russian Federation Involvement in prostitution and drug use, Art. 119 of the Criminal Code of the Russian Federation Threat of murder, Art. 128.1 of the Criminal Code of the Russian Federation Libel, Art. 138 of the Criminal Code of the Russian Federation, etc., which are covered.
Causing harm in a state of passion or by exceeding necessary self-defense measures
Additionally
In the event that death due to negligence occurs from harm caused in a state of passion, this crime is qualified under Art. 113 and 109 of the Criminal Code of the Russian Federation (Causing death by negligence). Moreover, when assigning a punishment, the court must take into account Part 3 of Article 61, which prohibits the use of mitigating circumstances twice. That is, the state of passion already acts as a qualifying sign of a crime, therefore it is impossible to mitigate the punishment in connection with “the unlawful or immoral behavior of the victim, which served as the reason for committing the crime” (clause “h” of Part 1 of Article 61).
Often in judicial practice there are cases where the perpetrator caused harm to the victim in a state of passion. This condition means strong psychological disturbance, which was caused by violence, bullying or insults on the part of the victim, or the creation by the victim of a long-term psychologically traumatic environment for the perpetrator.
If it has been proven in court that moderate or severe damage was inflicted in a state of passion, then the perpetrator, in accordance with Article 113 of the Criminal Code of the Russian Federation, may be sentenced to one of the following punishments:
- correctional or forced labor for a period of up to 2 years;
- imprisonment or restriction of freedom for a period of no more than 2 years.
According to Article 114 of the Criminal Code of the Russian Federation, infliction of moderate bodily harm that occurred as a result of exceeding permissible self-defense is punishable in the same way, but for a period of no more than one year.
If the damage was caused as a result of exceeding the measures that were necessary to detain the offender, then the maximum period is two years.
Also, in cases of bodily injury, the victim has the right to file a claim in court for compensation for material costs associated with treatment and rehabilitation, as well as for moral compensation. About compensation for damage caused by a crime in criminal proceedings, read the article https://lexconsult.online/6114-protsedura-vozmeshheniya-vreda-prichinennogo-zhizni-ili-zdorovyu-grazhdanina.
Watch this video about intentionally causing moderate harm to health.
General information about killing in a fight or quarrel
Interpersonal conflicts can occur in any environment. However, they usually develop into quarrels and fights in certain circles - between convicted people, homeless people, in drunken groups. The so-called dysfunctional families are especially dangerous in this regard. 12% of crimes committed within registered families are murders.
Fighting in itself is already a punishable act. In mild cases, physical resistance to persons trying to call the hooligan to order is punishable under Art. 20.1 Code of Administrative Offenses of the Russian Federation. The punishment in this case is a fine of up to 2.5 thousand rubles or arrest for up to 15 days.
In more severe cases, liability arises under Art. Art. 115, 112 and 111 of the Criminal Code of the Russian Federation for causing light, moderate or serious harm to the health of the victim, or under Art. 116 of the Criminal Code of the Russian Federation - for assault.
For beatings, the maximum penalty is 2 years in prison. For causing minor harm to health, the sanction is the same. If moderate harm was caused, the penalty is up to 5 years in prison, if the harm is severe, up to 15 years.
If a murder occurs in a fight, then responsibility arises under the most serious articles of the Criminal Code of the Russian Federation, under which life imprisonment and even the death penalty can be applied as punishment. However, such sanctions are applied in the presence of aggravating circumstances. The minimum penalty for murder is 6 years.
Therefore, the court carefully examines the motives of the person who committed the murder in a fight. Often a contract killing is disguised as such an incident. The motives of third parties who joined the fight are especially carefully studied.
When qualifying a crime, the moment of its commission is important. If it happened precisely during a fight, then responsibility will most likely arise under the softer part of the article of the Criminal Code of the Russian Federation. If, after the end of the fight, one of its participants, having come to his senses a little, inflicts a blow on the other participant, which will become fatal, other motives for committing a crime will be considered, for example, revenge, concealing a previous crime (causing harm to health), hooliganism. These motives increase the severity of punishment.
When investigating such criminal cases, the instigator of the conflict must be identified. If he became the killer, and nothing previously connected him with the victim, then the motives are characterized as hooliganism, which is a circumstance that aggravates the guilt. If the instigator himself became the victim of the crime, then usually such an act is characterized as basic; it is punished under the milder part of the corresponding article of the Criminal Code of the Russian Federation.
An example from judicial practice
Citizen Ivanov, in front of witnesses, initiated a fight with gr. Petrov, as a result of which he received injuries: bruises, broken fingers and a 1st degree concussion. Petrov was in outpatient treatment for 30 days. During the investigation, it was found that the cause of the fight was systematic insults to the citizen. Petrov Ivanov, including insults were committed immediately before the moment of the fight. The expert provided an opinion that at the time of the crime Ivanov was in a state of passion. He was sentenced by the court to correctional labor for a period of 1 year.
Our specialist will answer all your questions on the topic of the article in the comments.
