Article 114 of the Criminal Code of the Russian Federation, a crime against life and health

Punishment

For every crime, the person who committed the offense must be punished. Taking into account part 1 of Art. 114 of the Criminal Code of the Russian Federation, intentional infliction of serious harm to health, which is committed when the level of authorized defense is exceeded, is punishable by:

for a period of up to a year;
restriction of freedom of a detained person for a period of up to a year;
forced labor of a detainee for a period of up to 12 months;
imprisonment for a year.

Taking into account Part 2 of the same article, intentional infliction of harm to health that occurred during the detention of a person who committed an offense is punishable:

correctional labor for up to several years;
restriction of freedom for up to 24 months;
forced labor for up to several years;
imprisonment for up to 2 years.

Part 1 art. 114 of the Criminal Code of the Russian Federation regulates an incident that differs from that specified in Art. 108 of this code and by the nature of subsequent events. If self-defense resulted in the death of a person, then this action will be qualified only by the first part of the article.

Commentary to Art. 316 of the Criminal Code of the Russian Federation

The object of the crime is the interests of justice.

The social danger of concealment is that it prevents the timely detection of crimes and bringing the perpetrators to criminal responsibility, creates conditions for impunity for these individuals and their continuation of criminal activities.

Concealment is a type of involvement in a crime, i.e. activities related to the commission of a crime, but not constituting assistance to it and not being in a causal and culpable connection with the criminal result of the act being covered up. Thus, concealment is not complicity in a crime.

The objective side of concealment lies in the non-promised concealment of a criminal who has committed a particularly serious crime, traces, instruments and means of such a crime, as well as items obtained by criminal means. A crime is committed by an action.

By design, this composition is formal and is considered completed from the moment of commission of any action aimed at concealing a crime. These actions can be either immediate (for example, destroying a crime weapon) or ongoing (for example, long-term storage of items obtained by criminal means in one’s home).

The disposition of the article in question speaks of concealment that was not promised in advance. The term “in advance” refers to the moment the perpetrator commits the crime. According to paragraph 2 of the Resolution of the Plenum of the Supreme Court of the USSR of July 31, 1962 N 11 “On judicial practice in cases of concealment of crimes not promised in advance, acquisition and sale of knowingly stolen property”: “Concealment of a crime ... may be recognized as complicity if these actions were promised to the perpetrator before or during the commission of the crime, or for other reasons (for example, due to their systematic commission) gave reason to the perpetrator of the crime to count on such assistance.” From here it follows that concealment promised to the perpetrator before or during the commission of a crime is recognized as complicity (aiding) and responsibility for this act comes under Part 5 of Art. 33 and the corresponding article of the Special Part of the Criminal Code of the Russian Federation on the crime committed by the perpetrator. The previous behavior of the concealer will also be recognized as complicity, which gave the perpetrator reason to expect assistance in concealing the crime, despite the fact that concealment was not promised in advance, for example, when the concealer had previously hidden the criminal himself or the traces of the crime.

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Judicial practice in criminal cases: In 2 parts. Part 1: Collection of decisions of the Plenums of the Supreme Courts of the USSR, RSFSR and the Russian Federation / Comp. S.A. Podzorov. M., 2001. P. 63.

Concealment refers to active actions to conceal a criminal or crime. Concealing a criminal consists, for example, in providing him with a home or other shelter, vehicles, documents, changing his appearance, reporting false information about him, etc. Concealing a crime means placing it in a shelter, destroying it, changing it, selling it, donating it, etc. instruments of crime (i.e., items used to directly commit a crime - weapons, thieves' tools, etc.), means of crime (i.e., things that facilitated the actions of the criminal - fake or real uniforms, masks, false documents and means for their production, counterfeit money, etc.), traces of a crime (i.e., images resulting from the actions of the criminal that could be used as material evidence - blood stains, fingerprints, dents from burglary tools, etc. etc.), as well as items obtained by criminal means (i.e. things that were obtained (for example, stolen property, documents) or created illegally (counterfeit money, forged documents).

The so-called intellectual concealment is most often provided for by independent provisions, for example Art. Art. 306 “Knowingly false denunciation”, 307 “Knowingly false testimony, expert opinion or incorrect translation”, etc. of the Criminal Code of the Russian Federation, but in some cases it can also be qualified under Art. 316 of the Criminal Code of the Russian Federation. For example, if the subject gives deliberately false explanations during the pre-investigation check of materials and statements, or if the subject directs law enforcement officials pursuing the criminal in a different direction. The method of concealment does not affect the presence of the crime in question.

In cases where concealment is expressed in the concealment and storage of items seized or restricted in civil circulation, the act must be qualified under the totality of Art. 316 of the Criminal Code of the Russian Federation and articles providing for liability for storage of these items, for example: Art. Art. 191 “Illegal trafficking in precious metals, natural precious stones or pearls”; 220 “Illegal handling of nuclear materials or radioactive substances”; 222 “Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition, explosives and explosive devices”, 228 “Illegal production, acquisition, storage, transportation, transfer or sale of narcotic drugs or psychotropic substances”, 234 “Illegal trafficking of potent or toxic substances for sales purposes” and others of the Criminal Code of the Russian Federation.

If the concealment of a crime is committed by criminal means (for example, property is destroyed, harm is caused to health, documents are falsified, etc.), then what was done must also be classified as a set of crimes.

In cases where the method of concealment was murder, the act is fully covered by paragraph “k” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation and additional qualifications under Art. 316 of the Criminal Code of the Russian Federation is not required.

Special types of concealment are Art. 174 “Legalization (laundering) of funds or other property acquired by other persons through criminal means” and Art. 175 “Acquisition or sale of property known to be obtained by criminal means” of the Criminal Code of the Russian Federation. In these cases, additional qualifications under Art. 316 of the Criminal Code of the Russian Federation is also not required.

In all cases, when delimiting the composition, it should be remembered that the onset of criminal liability under Art. 316 of the Criminal Code of the Russian Federation is based on two criteria: objective - the person has committed active actions to conceal, and subjective - the awareness of the perpetrator that he is actually concealing a particularly serious criminal act.

If the person concealing the crime did not know what specific crime he was concealing, liability under Art. 316 of the Criminal Code of the Russian Federation does not apply.

The problem of qualifying the concealment of a particularly serious crime that was not promised in advance, committed out of fear of revenge on the part of the criminal, for example, under the threat of depriving the life of both the concealer himself and his close relatives, deserves special consideration. If at the time of concealment there were all the conditions of extreme necessity provided for in Art. 39 of the Criminal Code of the Russian Federation, then in this case the person should not be held criminally liable for concealment. If the threat of death could be implemented against the concealer only in the future, then qualification under Art. 316 of the Criminal Code of the Russian Federation.

According to paragraph 3 of the Resolution of the Plenum of the Supreme Court of the USSR of July 31, 1962 N 11 “On judicial practice in cases of concealment of crimes not promised in advance, acquisition and sale of knowingly stolen property”, “concealment of a crime not promised in advance... committed by an official through the use of his official position, must be qualified under the articles of the Criminal Code... providing for liability for these crimes, and in the aggregate as abuse of official position” (i.e., under Article 285 of the Criminal Code of the Russian Federation).

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Concealment committed in relation to one's own criminal actions and the actions of another person does not constitute the crime under consideration. So, if the perpetrators committed a robbery of the victim, and then one of the accomplices kills him, which was not covered by the common intent, then the actions of hiding the corpse cannot be recognized as concealment in the aspect of Art. 316 of the Criminal Code of the Russian Federation, since in this case the perpetrator conceals not only the actions of the person who committed the murder, but also his actions in relation to the victim (see Determinations of the Supreme Court of the Russian Federation of February 22, 2007 N 69-o07-2, of December 22, 2006 . N 69-o06-37).

From the subjective side, concealment of crimes is characterized by direct intent. The perpetrator is aware that he is covering up a specific crime and desires it. The person’s consciousness must cover the nature of the actions performed by the perpetrator, as well as the fact that by his actions he contributes to the concealment of the crime.

The motives for the crime are varied: self-interest, fear of the criminal, friendly relations with the perpetrator, etc. They lie outside the scope of the crime and are taken into account by the court when assigning punishment.

The subject of a crime can be any person who has reached the age of sixteen (general subject).

Concealing traces by the perpetrator or participant in the crime does not contain elements of a crime under Art. 316 of the Criminal Code of the Russian Federation (concealment of crimes).

According to the note to Art. 316 of the Criminal Code of the Russian Federation exempts spouses or close relatives of the person who committed the crime from criminal liability for concealment of particularly serious crimes not promised in advance. But in case of special types of concealment, spouses and close relatives answer on a general basis (for example, clause “k”, part 2 of article 105, art. art. 174, 175, 306, 307 of the Criminal Code of the Russian Federation).

Degree of harm

How to determine the severity of harm to health? The method of assessing harm is to conduct an examination. Let's consider the classification.

Serious harm:

head wounds;
skull fractures;
intracranial injuries;
neck wounds;
spinal fractures;
organ damage (severation, rupture);
multiple fractures;
abdominal wounds;
vascular damage;
burns;
frostbite;
loss of speech, hearing, vision;
loss of limbs;
loss of reproductive function;
mental disorder recognized as a consequence of the harm caused.
etc.

Average severity:

prolonged deterioration in health (temporary disability lasting more than 21 days);
significant loss of ability to work (up to 10-30%).

Light harm:

short-term deterioration in health (temporary disability lasting less than 21 days);
slight loss of ability to work (up to 10%).

Sometimes, as a result of the actions of the offender, a person receives abrasions, bruises, and superficial wounds.

The injuries received are considered minor injuries and are not considered harm, since they do not entail serious consequences.

Qualifications and composition

A person is part of the society in which he exists. The full functioning of society is possible only if the rights and freedoms of its citizens are respected.

Accordingly, health and human life are a social value.

The task of the criminal code is to qualify crimes that threaten life and health, and prescribe appropriate preventive measures.

The main elements inherent in the acts:

action, or lack thereof;
consequences.

As a result of an action or inaction, damage to health is caused, death (consequences) is caused, and as a result of the investigation of the incident, a connection is discovered between the action of the perpetrator of the incident and what happened.

The objective part is the act committed by a person. The subjective part is that the criminal’s guilt is always intentional.

All types of crimes directed against health and life imply the presence of an intention on the part of the criminal, which he seeks to realize.

In the process of realizing this intention, an offense is committed

Harm is caused directly (for example, intentional murder) or indirectly (for example, through negligence).

Subject is a person over 14 years of age. In some cases (a number of murders) - 16 years.

The object is the injured party who has become a victim of the actions performed by the subject.

The corpus delicti is material. They always involve performing some action that entails consequences.

Corpus delicti

To bring an attacker to justice, his actions must contain elements of a crime. It is based on four features:

Subject of the crime. We are talking about a criminal who planned and carried out a crime. A sane person who has reached the age of 16 can be held criminally liable. When committing particularly serious crimes, criminal liability may begin at the age of 14.
Object of crimes. These are public institutions against which criminal acts are committed. In this case, it is human health and life. Human health is defined by law as the totality of the physical, mental and social well-being of an individual. Human health is protected from the beginning of his birth until death.
Subjective side. It is the attitude of the criminal to the crime. An important concept in this case is direct intent. That is, the attacker must be aware of the negative consequences of his actions and desire their occurrence. In addition, attacks on life and health can be committed with indirect intent or unintentionally. In the latter case, the preventive measure may be mitigated by a court decision.
Objective side. These are external manifestations of a crime that are available for analysis and study. They can be expressed in action and inaction, a cause-and-effect relationship between actions and consequences. Also, the objective side is the method, place, setting, time, and instruments of committing a crime.

The above signs are enshrined in the Criminal Code of the Russian Federation. To bring a citizen to criminal liability, all the elements of a crime must be present. If at least one of them is absent, the criminal case is closed.

Protection of rights

A person who has suffered harm can protect his rights through court. To do this, it is necessary to draw up a statement of claim containing complete information and submit it to the authorized body, attaching the necessary documents.

If the court's decision is positive, the injured party can expect to receive compensation.

The application must contain the following information:

the name of the court in which the claim is filed;
name of the plaintiff, his data (passport, contact);
name of the defendant, his data;
circumstances of the case;
plaintiff's claims;
evidence of the plaintiff’s position;
cost of the claim (amount of compensation);
calculation of the amount;
list of attached documents.

Attached to the claim:

copy of the passport;
copies of the statement of claim (for the defendant, for the court);
a copy of the expert's report;
copies of medical history extracts;
copies of receipts for medicines, contracts for the provision of paid services (not provided free of charge);
other documents on the case.

What is minor health hazard? Find out the answer right now.

Signs

Qualification criteria:

assault on life;
negative impact on health;
violation of bodily integrity;
creating a threat to life and health.

Since creating a threat is also a qualifying criterion, acts that pose a potential danger (threat of murder, illegal abortion, failure to provide assistance) are also taken into account.

These actions carry no less antisocial danger, since a person’s initial intention to commit actions that are illegal can most likely lead to him committing more serious offenses in the future.

Also, creating a situation that poses a threat can occur intentionally.

For example, failure to provide assistance to a relative suffering from cardiovascular disease when his condition worsens is creating a threat.

On the issue of determining the moment of the beginning of criminal legal protection of human life

Bibliographic description:

Epova, D. D. On the issue of determining the moment of the beginning of the criminal legal protection of human life / D. D. Epova. — Text: direct // Legal sciences: problems and prospects: materials of the IV International. scientific conf. (Kazan, May 2021). - Kazan: Buk, 2021. - pp. 259-262. — URL: https://moluch.ru/conf/law/archive/181/10519/ (access date: 12/21/2021).

Human life is undoubtedly the most valuable good. The right to life is the natural right of everyone. In accordance with Art. 17 and art. 20 of the Constitution of the Russian Federation, everyone has the right to life, as well as to the protection of fundamental rights and freedoms belonging to birth. The Criminal Code of the Russian Federation recognizes the protection of human and civil rights and freedoms from criminal attacks as one of its tasks. The degree of priority of this task can be judged by the fact that in the Special Part of the Criminal Code of the Russian Federation, crimes against the person are given first place.

It is well known that a person’s life has a beginning and an end and exists as an object of encroachment only when a person is born and has not yet died. But what should be considered the beginning and end of life? These questions still remain controversial. As G. N. Borzenkov correctly notes: “there can be no murder either before the beginning of life or after its cessation” [14, P. 19]. In this regard, establishing the moment of the beginning of life has a direct criminal legal significance, which is necessary to recognize the act as murder or simple termination of pregnancy (abortion). Can expulsion (abortion) be considered murder, because the fetus also lives and develops in the womb.

Today there is no single approach to what is considered the beginning of human life. Scientists' opinions vary from the moment of conception to childbirth. According to the currently prevailing concept, human life begins at the moment of physiological childbirth, when the possibility of direct physical influence on the child’s body appears. This position, for example, was held by N.I. Zagorodnikov [7, P.35].

Modern representatives of this point of view, when justifying their position, refer to Art. 106 of the Criminal Code, which, in particular, provides for the murder of a child during childbirth. They believe that if such actions were committed by another person (for example, an obstetrician) instead of the mother, he is subject to liability for murder under the relevant article of the Criminal Code of the Russian Federation [10, P.8].

This position is reflected in Part 1 of Article 53 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation,” where the moment of birth of a child is recognized as the moment of separation of the fetus from the mother’s body through childbirth. When determining the moment of the beginning of life, they use the criteria for live birth established by Order of the Ministry of Health and Social Development of the Russian Federation of December 27, 2011 No. 1687n. “On the medical criteria for birth, the form of the birth document and the procedure for its issuance.” According to this order, a live birth is the moment of separation of the fetus from the mother’s body through childbirth during a gestational age of 22 weeks or more, when the body weight of the newborn is 500 grams or more (or less than 500 grams in case of multiple births) or if the body weight of the child at birth is unknown, when the body length of the newborn is 25 cm or more and the newborn has signs of a live birth (breathing, heartbeat, pulsation of the umbilical cord or voluntary muscle movements, regardless of whether the umbilical cord is cut and whether the placenta has separated) [5].

The criminal law does not recognize the fetus in the womb as a victim in a murder, although this fact is to a certain extent reflected in some articles of the criminal law. So paragraph “d”, part 2 of Art. 105 of the Criminal Code of the Russian Federation provides for the murder of a woman who is known to be pregnant by the perpetrator. This type of murder poses an increased public danger due to the fact that the perpetrator actually encroaches on two lives: the life of the victim and the life of the human fetus. The legislator proceeds from the fact that a conceived child is a possible future subject of law, and therefore increases responsibility for an attack on the life of a pregnant woman.

There are other positions on this matter. Thus, N. E. Krylova expresses an opinion on the need for criminal legal protection of the embryo: “Any person living on Earth went through the stage of embryonic development before being born and receiving the legal status of an individual. If the Russian Criminal Code comes to the protection of animals, providing for liability for cruelty to them resulting in their death or injury (Article 245), then why is this denied to a human embryo?” [13, P.44]

G. B. Romanovsky believes that the denial of the human status of the embryo leads to the limitlessness of possible manipulations over it. Moreover, numerous reproductive technologies make it possible to do this. In any case, the attitude towards the unborn should not be based on an “agricultural” approach. It is not enough to consolidate a general formula about the need for proper protection of a person at all stages of his development (including prenatal); many legal institutions, including those within the scope of criminal law, should be subject to revision [12, P.47].

R. Sharapov says that legally a person’s life is the life of his brain, and the beginning of the life of the brain means the beginning of a person’s life. Consequently, from a legal point of view, the initial boundary of human life today should at least be associated with the appearance of a formed mass of head cells (the birth of the brain), making the fetus viable. He justifies his position by the fact that the moment of a person’s death is recognized as his biological death, that is, the death of the brain. Accordingly, if the moment of a person’s death is the death of his brain, then the moment of the beginning of life should be recognized as the birth of the brain, which occurs by 22 weeks of pregnancy [11, P.75].

In our opinion, this position is the most correct. It is obvious that human life begins much earlier than is commonly believed (before birth). There is intrauterine life, during which the human embryo grows, “lives,” and develops. Thus, the moment of the beginning of a person’s life should be recognized as the birth of the brain, that is, when the fetus reaches 22 weeks of development.

Based on the above, we consider it necessary to ensure the protection of the life of the human fetus after 22 weeks of development. We propose to recognize as murder an attack on the life of a child in the womb, with a gestation period of more than 22 weeks.

Amendments must be made to Art. 106 of the Criminal Code of the Russian Federation, which will qualify the murder of a mother not only of a newborn child during or immediately after childbirth, but also the murder of a child she is carrying during a period of more than 22 weeks of pregnancy.

Changes will also be required in paragraph “d” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation. The new edition should indicate a period of no more than 22 weeks. The murder of a pregnant woman with a fetus over 22 weeks of pregnancy should be classified as a murder of two or more persons.

Literature:

Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 // Ross. gas - 1993 - December 25
Criminal Code of the Russian Federation: Federal Law of June 13, 1996 No. 63-FZ / as amended. Federal Law dated March 30, 2015, as amended. from 04/07/2015 //Collected. legislation of the Russian Federation. - 04/17/1996 - No. 25. - Art. 2954.
On the protection of the health of citizens: Fundamentals of legislation of the Russian Federation of November 21, 2011 // Rosgaz.- 2011.- November 21.- No. 323.
On transplantation of human organs and (or) tissues: Law of the Russian Federation of December 22, 1992 // Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation. - 2007. - November 29. - No. 279. - Art. 62.
On approval of the Instructions for determining the criteria and procedure for determining the moment of death of a person, cessation of resuscitation measures: Order of the Ministry of Health of the Russian Federation of March 4, 2003 No. 73 // Rossiyskaya Gazeta. - 2003. - April 15. - No. 72.
Boyarov S. Problems of determining the beginning of a person’s life in criminal law / S. Boyarov // Criminal law. - 2004. - No. 4. - P. 13–14.
Zagorodnikov N.I. Crimes against life under Soviet criminal law. - M., 2010.- 278 p.
Kozaev N. Sh. Issues of criminal law protection of life in the light of modern achievements of scientific and technological progress // Medical law. - 2014. - No. 2. - P. 6.
Serdyuk L. Infanticide: issues of legal assessment / L. Serdyuk // Russian justice. - 2003. - No. 11. - P. 43–45.
Tatarnikov V. G. Criminal liability for grave and especially grave crimes against a person / V. G. Tatarnikov. - Irkutsk, 2000. - 195 p.
Sharapov R. The beginning of criminal law protection of human life: experience of legal analysis / R. Sharapov // Criminal law. - 2005. - No. 1. - P. 75–77.
Romanovsky G. B. The beginning of a person’s life in criminal law//Criminal legal measures to combat crime, 2012.- No. 3.- P. 47.
Krylova N. E. Responsibility for illegal abortion and the need for criminal legal protection of “future” life // Bulletin of Moscow State University. Ser. 11 Law. - 2002. - No. 6. - P. 44–45.
Borzenkov, G.N. Qualification of crimes against life and health. M., Zertsalo-M, 2005. P. 19.

Key terms
(automatically generated)
: human life, brain, murder, the Criminal Code of the Russian Federation, mother's womb, pregnant woman, the moment of the beginning of life, the moment of human death, the Russian Federation, human embryo.

Examples of judicial practice

Citizen K., being in a state of quarrel with his friend I., deliberately inflicted physical injuries on I. During the attack, K. hit I. three times (on the head). After I. fell, he continued to strike him: in the chest, stomach, and back.

Due to his injuries, I. ended up in intensive care, where he underwent emergency surgery to remove his right kidney.

Based on Art. 111 of the Criminal Code (intentional causing of harm), the accused K. was given criminal punishment. The preventive measure is 6 years of imprisonment.

Citizen E. was with defendant I. in the courtyard of a private house. As a result of a verbal conflict, they got into a fight. During the fight, E. involuntarily put forward her right leg, bent at the knee, onto which I fell from his height.

As a result of the fall, I. received an abdominal injury.

Based on Art.

119 of the Criminal Code (harm caused by negligence), criminal punishment was imposed on accused E.

Preventive measure - restriction of freedom (1 year).

Thus, human health and life are protected by the state. Punishments are provided for acts that result in harm to health or life.

General characteristics of crimes against life and health in this video:

https://youtube.com/watch?v=0xFD8TcFj88%3Fecver%3D1

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The concepts of life and death in the Criminal Code of the Russian Federation

The law does not directly determine the beginning of life. Since abortion is a legal procedure and does not equate to the murder of the fetus, birth can be considered the moment of the beginning of life. As soon as a child is born, he acquires the fundamental rights and freedoms prescribed in the Constitution of the Russian Federation. The life of a newborn is protected from the first seconds after his birth, as specified in Article 106 of the Criminal Code of the Russian Federation.

Causing the death of a child before its birth cannot be classified as murder. Accordingly, the murder of a pregnant woman is considered not as causing the death of two persons, but rather as the murder of a woman who is pregnant. This is indicated in paragraph “d” of Part 2 of Article 105 of the Criminal Code of the Russian Federation.

To determine the end of life, you should refer to the documents of the Ministry of Health. The Order of the Ministry of Health dated March 4, 2003 provides clear instructions regarding the procedure for determining the moment of death of a person. If certain signs are present, medical staff have the right to stop performing resuscitation measures.

Death is the result of the death of an organism. This process is characterized by the following stages:

Clinical death. It involves pathological changes in organs and systems that are completely reversible. Having experienced clinical death, a person can return to a full life.
Agony. This is the process of progressive extinction of external signs of the body’s vital activity, such as consciousness, motor activity, and breathing. Also, a person’s pulse and blood circulation slow down. The process is irreversible and invariably leads to biological death.
Brain death. This circumstance leads to the development of irreversible changes in the brain. Partially or completely reversible changes are observed in other body systems.
Biological death. Involves irreversible changes in all organs and systems. We are talking about the moment of cessation of life as a physiological process.

Thus, the moment of death in the legal sphere is considered to be biological death. Other stages are not grounds for the termination of basic rights and freedoms that arise during a person’s life.

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CRIMINAL CODE Chapter 16

Causing grave bodily harm through negligence is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or by corrective labor for a term of up to two years, or restriction of freedom for a term of up to three years, or arrest for a term of three to six months.2. The same act, committed as a result of improper performance by a person of his professional duties, is punishable by restriction of freedom for a term of up to four years, or imprisonment for a term of up to one year, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.3

Lost power. — Federal Law of December 8, 2003 N 162-FZ.4. Lost power. — Federal Law of December 8, 2003 N 162-FZ.

Crimes against health

Harm to health is understood as “ violation of the anatomical integrity and physiological function of human organs and tissues as a result of exposure to physical, chemical, biological and mental factors of the external environment” (clause 2 of the Rules for determining the severity of harm caused to human health, approved by the Decree of the Government of the Russian Federation of August 17 2007 No. 522 // SZ RF).

Crimes against health are those provided for in Ch. 16 of the Criminal Code of the Russian Federation are socially dangerous acts that cause harm to health as a certain physiological state that ensures the normal biological functioning of the body and human participation in social relations.

The direct target of these crimes is human health.

All crimes against health can be divided into two groups:

– 1st group – acts that actually cause harm to health (Articles 111–115, 117, 118, 121, 124 of the Criminal Code of the Russian Federation);

– 2nd group – crimes that endanger life and health (Articles 116, 119, 120, 122, 123, 125 of the Criminal Code of the Russian Federation).

Intentional infliction of grievous bodily harm (Article 111 of the Criminal Code of the Russian Federation) . The objective side of this crime is expressed in an act that caused serious harm to health (a socially dangerous consequence), and a causal connection between the harm caused and the action or inaction of the perpetrator.

Medical characteristics of grievous bodily harm are enshrined in the Criminal Code of the Russian Federation and include:

A. Life-threatening harm to health, which is determined by the method of infliction.

B. Causing consequences specifically designated by law.

B. Significant permanent loss of general ability to work by at least one third.

D. The perpetrator is aware of a complete loss of professional ability to work.

Intentional grievous bodily harm should be distinguished from attempted murder. This means that if, as a result of actions aimed at taking the life of the victim, grievous harm to his health was caused, then the act should be classified as attempted murder.

The subject of the crime is a sane individual who has reached the age of 14 years.

The content of the qualifying features contained in Part 2 and Part 3 of Art. 111 of the Criminal Code of the Russian Federation, coincides with similar qualifying criteria provided for in Part 2 of Art. 105 of the Criminal Code of the Russian Federation, which were discussed earlier.

An exception is provided by such a qualifying feature as causing grievous harm to health, committed with mockery or torture for the victim (clause “b”, part 2 of article 111 of the Criminal Code of the Russian Federation).

Intentional infliction of moderate harm to health (Article 112 of the Criminal Code of the Russian Federation).

Moderate harm to health is described in the law using two groups of signs:

a) negative - harm to health that is not life-threatening and does not entail the consequences specified in Art. 111 of the Criminal Code of the Russian Federation;

b) positive - harm to health that caused a long-term health disorder (i.e., consequences directly related to the damage) lasting more than three weeks (more than 21 days) or a significant permanent loss of general ability to work by less than one third (from 10 to 30% inclusive) .

The corpus delicti is of a material nature. The subjective side is characterized by a deliberate form of guilt.

Subject is a person who has reached the age of 14 years.

Part 2 Art. 112 of the Criminal Code of the Russian Federation contains a qualified type of this crime - 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) 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) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group.

Causing serious or moderate harm to health in a state of passion (Article 113 of the Criminal Code of the Russian Federation) . The objective side of the crime consists of an act (in the form of only an action) aimed at causing grave or moderate harm to health, consequences in the form of grave or moderate harm to health and causation.

The act in question refers to crimes against health committed under mitigating circumstances.

The subjective side is characterized by a deliberate form of guilt.

Subject is a person who has reached the age of 16 and is in a state of severe mental disturbance.

Causing grave or moderate harm to the health of two or more victims in a state of passion is also qualified under Art. 113 of the Criminal Code of the Russian Federation, if such a state of the perpetrator is caused by unlawful or immoral behavior of both (or more) victims.

The courts qualify the offense only under Art. 113 of the Criminal Code of the Russian Federation.

Torture (Article 117 of the Criminal Code of the Russian Federation) .

The objective side of the crime lies in the act, expressed in the form of two alternative actions:

– systematic beating (multiple blows at least three times);

– or in other violent actions causing physical or mental suffering (prolonged infliction of pain by pinching, cutting, causing multiple injuries with blunt or sharp objects, thermal effects, etc.).

Causing serious harm to health through negligence (Article 118 of the Criminal Code of the Russian Federation) . The concept of grievous bodily harm is considered in the analysis of Art. 111 of the Criminal Code of the Russian Federation. The difference between these crimes lies in the subjective side.

The subjective side is characterized by a careless form of guilt in the form of criminal frivolity or criminal negligence.

Infection with a venereal disease (Article 121 of the Criminal Code of the Russian Federation) . The objective side of the crime is expressed in the act in the form of action or inaction, the result (consequence) of which is the infection of another person with a sexually transmitted disease (gonorrhea, syphilis, chancroid, inguinal lymphogranulomatosis, etc.).

The corpus delicti is material: the crime is considered completed from the moment of actual infection of the victim.

The subjective side is characterized by guilt in the form of intent (direct or indirect) or negligence (frivolity). Criminal negligence is excluded here, since the person knows about his illness.

A special subject of a crime is a person who has reached the age of 16, suffers from a sexually transmitted disease and knows about it.

A person’s conviction that he has been completely cured frees him from criminal liability.

The consent of the victim to be infected with a sexually transmitted disease does not exclude the criminal liability of the person who knew about the presence of a sexually transmitted disease and infected the victim.

Failure to provide assistance to a patient (Article 124 of the Criminal Code of the Russian Federation) . The objective side of the crime is characterized by an act in the form of inaction (failure to provide assistance to a patient), a special situation in which the crime was committed (lack of valid reasons for failure to provide assistance), a consequence (causing moderate harm to the health of the patient) and a causal relationship between the socially dangerous act and the consequence.

The corpus delicti is material: the crime is considered completed from the moment of causing moderate harm to the health of the patient.

The subject of the crime is special: a person who has reached the age of 16 years, is obliged to provide assistance in accordance with the law, contract or special rule and has the opportunity to do so.

In part 2 art. 124 of the Criminal Code of the Russian Federation provides for liability for committing the same act, but resulting through negligence in the death of the victim or serious harm to his health.

Beatings (Article 116 of the Criminal Code of the Russian Federation) . The main direct object of the crime under Art. 116 of the Criminal Code of the Russian Federation, the bodily inviolability of the individual is considered, and public order is optional.

The objective side of the crime is expressed in the action, which is described in the law using two signs:

– negative – absence of consequences provided for in Art. 115 of the Criminal Code of the Russian Federation;

– positive – an act in the form of beatings or other violent actions that cause physical pain.

The elements of the crime are formal: the crime is considered completed from the moment the act itself is committed.

The subjective side of the crime is characterized by guilt in the form of direct intent.

The subject of the crime is a person who has reached the age of 16 years.

Part 2 of Art. 116 of the Criminal Code of the Russian Federation provides for criminal liability for beatings for hooligan reasons (clause “a”, part 2 of Article 116 of the Criminal Code of the Russian Federation).

Another qualifying feature of this crime is the motive - political, ideological, racial, national or religious hatred or enmity, or the motive of hatred or enmity towards any social group (clause “b”, part 2 of article 116 of the Criminal Code of the Russian Federation).

Threat of murder or infliction of grievous bodily harm (Article 119 of the Criminal Code of the Russian Federation) . The immediate object of the crime is the mental comfort (balance) of the individual.

The elements of the crime are formal: the crime is considered completed from the moment of uttering or committing actions (gestures) that are perceived by another person as dangerous to life or health.

The objective side of the crime consists of actions that constitute mental violence and are expressed in expressing the intention to kill another person or cause serious harm to his health.

The subjective side of the crime is characterized by guilt in the form of direct intent. The person realizes that he is threatening the victim with murder or causing grievous bodily harm, which he perceives as real, and wants such a mental impact on the victim.

The subject of the crime is a person who has reached the age of 16 years.

Criminal liability increases if the act was committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on grounds of hatred or enmity against any social group (Part 2 of Article 119 of the Criminal Code of the Russian Federation).

Coercion to remove organs or tissues for transplantation (Article 120 of the Criminal Code of the Russian Federation) . Transplantation to the transplantation of human organs and (or) tissues, which is a means of saving lives and restoring the health of citizens, which must be carried out on the basis of compliance with the legislation of the Russian Federation and human rights in accordance with humane principles proclaimed by the international community; At the same time, human interests must prevail over the interests of society.

The direct object of the crime is human health and his right to non-interference in the integrity of the body.

The elements of the crime are formal: the crime is considered completed from the moment of committing actions aimed at forcing a person to give consent to a transplant.

The objective side includes an act in the form of only an action expressed in coercion to remove human organs or tissues for transplantation, and methods of such coercion:

– violence, which is understood as physical impact on the victim, beating him, torture (Part 1 of Article 117 of the Criminal Code of the Russian Federation), causing moderate harm to health (Part 1 of Article 112 of the Criminal Code of the Russian Federation);

– the threat of using such violence, i.e. mental impact on the victim, consisting of a threat, for example, with murder or causing serious harm to health;

– a threat, like violence, can be applied not only to a potential donor, but also to his relatives.

The subjective side of the crime is characterized by direct intent.

Subject is a person who has reached the age of 16 years.

HIV infection (Article 122 of the Criminal Code of the Russian Federation) . The composition of a specific danger, the crime is considered completed from the moment another person is placed in danger of contracting HIV infection.

The objective side of the crime is expressed in an act (action or inaction) that creates a real threat of infecting another person with HIV infection.

The method of committing the crime does not affect qualifications and is determined by the method of spreading the immunodeficiency virus: through sexual intercourse, through blood in the process, for example, transfusion, etc.

The subjective side is characterized by guilt in the form of direct intent: the perpetrator knowingly knows that by his actions (inaction) he creates a real possibility of infecting another person with HIV infection, and desires their commission.

The subject of the crime is a person who has reached the age of 16 years.

Illegal abortion (Article 123 of the Criminal Code of the Russian Federation) .

The immediate object of the crime is the health of the pregnant woman, the victim is the pregnant woman.

The elements of the crime are formal: the crime is considered completed from the moment of artificial termination of pregnancy.

The objective side is characterized by illegal abortion.

The Criminal Code of the Russian Federation recognizes abortion as illegal only if it is performed by a person who does not have the appropriate medical education (gynecological surgeon, obstetrician). Thus, the interpretation of Part 1 of Art. 123 of the Criminal Code of the Russian Federation leads to the conclusion that the law connects the basis of criminal liability not with the method of carrying out this operation, but with the specialty of the perpetrator.

Carrying out an artificial termination of pregnancy by a gynecologist outside a special medical institution or at a time other than provided by law is not a criminal offense.

The subjective side of the crime is characterized by direct intent.

Subject is a person who has reached the age of 16 years and does not have a special medical education in the relevant profile.

Leaving in danger (Article 125 of the Criminal Code of the Russian Federation) . The immediate object of the crime is human life and health.

Victim – a person who is in a condition dangerous to life or health and is deprived of the opportunity to take measures for self-preservation due to childhood, old age, illness or due to his helplessness (for example, intoxication or sleep).

The elements of the crime are formal: the crime is considered completed from the moment the victim is left in a condition dangerous to life or health.

The objective side of the crime is characterized by inaction - deliberately leaving a person without help.

The subjective side is characterized by direct intent. The perpetrator realizes that he is leaving without help a person who is in a condition dangerous to life or health and is deprived of the opportunity to take measures for self-preservation, to whom he should and could have helped, and wants to leave him without help.

Special subject – a person who has reached 16 years of age, as well as a person:

a) obligated to take care of the victim who is in a dangerous condition, by virtue of the law, profession, type of activity or family relationship, or due to the fact that by his previous behavior he himself put him in a dangerous condition;

b) had the opportunity, without serious danger to himself or others, to provide assistance to this person.