Harmful to moderate health

The Criminal Code defines the concept of moderate-health harm. It is understood to mean harm to health that is not life threatening to the victim, that did not entail the consequences of grievous harm, but which nevertheless caused a long-term health disorder for more than 21 days or a permanent significant (less than one third) loss of general working capacity.

Section 112 of the Code provides for criminal liability for intentional harm. For such a crime, a person can be punished - imprisonment up to 3 years. And the sanction of the second part of the article determines the term of punishment - up to 5 years. It is applied in case of action (inaction):

- in relation to several persons (two or more);

- in relation to a person, his relatives in the performance of his official activities, which are associated with the performance of a civil duty;

- with the use of bullying and torment, special cruelty;

- in relation to a person who was in a helpless state (obviously for the guilty);

- in a group, with a preliminary conspiracy organized by the group;

- for racial, national motives, because of religious hostility and hatred;

- from hooligan motives;

- repeatedly;

- a person who had previously caused serious harm, committed a murder.

To determine the degree of harm, a forensic medical examination (examination) is prescribed.

A moderate health hazard is assessed by the following criteria:

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 a serious harm;

3. health disorder is not long;

4. there is a persistent and significant loss (less than a third) of total disability.

Long-term disorder is the consequences (temporary disability of more than 3 weeks) that 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 (the person who may be brought under this article) must be at least 14 years old, otherwise he is not subject to criminal liability. The objective side is expressed in the unlawful infliction of harm to another person of medium degree.

There is also administrative liability for moderate health injuries . In particular, under Article 12.2 of the Code of Administrative Offenses, the concept of such harm is defined as a long-term non-life-threatening disorder (violation) of health or a persistent and significant loss of overall disability (less than a third).

A person is injured in moderate health, for example, with cracks and fractures of small bones, ribs, loss of toes or hands, dislocations in small joints, etc.

Due to the fact that there are more and more cars on the roads, the number of accidents is increasing every day. Often, these accidents cause death or harm to the health of a citizen. Guilty of this is liable under the law. For moderate damage to health in road accidents, liability is provided for in both the administrative and criminal codes. Articles on which a person can be attracted for this have previously been indicated. In the event that you plead guilty, it is necessary to make amends to the victim, provide him with medical care, and pay for physical damage. After that, he can come to your defense in court, and the punishment will be minimal. If you do not admit guilt, it is better to provide medical care, as it is a civic duty, but not to pay, as it can be regarded as a confession. Help from a lawyer who will tell you what to do in this situation will not be superfluous.

Criminal liability for violation of traffic rules and the operation of vehicles, resulting in reckless harm, is excluded. A victim, if he has suffered moderate damage to his health, has the right to apply to the court with a claim for damages.

Source: https://habr.com/ru/post/A11089/

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