The Criminal Code defines the concept of harmhealth of moderate severity. It is understood as harm to health, which is not dangerous for the life of the victim, which did not entail the consequences of serious harm, but nevertheless caused a long-term health disorder for more than 21 days, or a persistent significant (less than a third) loss of general working capacity.
Article 112 of the Code provides for the infliction ofdeliberate harm to criminal liability. For such a crime a person can be punished - imprisonment up to 3 years. And the sanction of the second part of the article defines the term of punishment - up to 5 years. Applicable in case of an action (inaction):
- in relation to several persons (two or more);
- in relation to a person, his relatives in the performance of his official activity, which is connected with the fulfillment of civil duty;
- with the use of bullying and torture, special cruelty;
- in relation to a person who was in a helpless state (known to the guilty);
- in a group, with a preliminary conspiracy, by an organized group;
- on racial, national grounds, because of religious enmity and hatred;
- from hooligan motives;
- repeatedly;
- a person who has previously caused serious harm, committed a murder.
To determine the degree of harm, a forensic medical examination (examination) is appointed.
Harm to health of average severity is estimated on the following grounds:
1. there is no danger to life;
2. There are no consequences prescribed in Article 111 of the Criminal Code, that is, it is not serious harm;
3. health disorder is not long;
4. there is a persistent and significant loss (less than a third) of total working capacity.
Длительное расстройство - это последствия (temporary disability for more than 3 weeks), which arose in connection with the infliction of harm. The day of hospitalization, as well as the day of discharge, are considered complete.
The subject of the crime (a person who may beattracted under this article) must be at least 14 years old, otherwise it is not subject to criminal liability. The objective side is expressed in the unlawful infliction of harm to the average person.
There is also administrative responsibilityfor causing harm to health of moderate severity. In particular, under Article 12.2 of the Code of Administrative Offenses, the concept of such harm is defined as a prolonged non-life-threatening disorder (violation) of health or a persistent and significant loss of general working capacity (less than a third).
A person is injured by the health of moderate severity, for example, for cracks and fractures of small bones, ribs, loss of toes or hands, dislocations in small joints, etc.
Due to the fact that everything on the roads becomesmore cars, the number of accidents increases every day. Often these accidents cause death or damage to the health of a citizen. The perpetrator is liable under this law. For the caused average harm to health at road accident there is a responsibility both in administrative, and criminal codes. Articles on which a person can be brought for it, were previously indicated. In the event that you plead guilty, you must make amends for the injured, provide medical assistance, pay for physical damage. After that, he can speak in your defense in court, and the punishment will be minimal. If you do not admit guilt, it is better to provide medical assistance, since it is a civic duty, but not to pay, as this can be regarded as a confession of guilt. It will not be superfluous and help from the lawyer, who will tell you how to act in this situation.
Criminal liability for violation of traffic rules andoperation of transport, which resulted in careless infliction of harm, is excluded. The victim, if to him the average harm to health, has the right to apply to the court with a claim for compensation of damage.
