The state at the legislative level must protect the rights and protect the freedom of the inhabitants of the country, their property, order and safety of public life. Any offense must be disclosed, and the perpetrator must be punished under civil and criminal law. What actions a person considers crimes, and what consequences apply to citizens who have violated the law, criminal law determines.
Slight damage to your health
Illegal acts of citizens against a person lead to a deliberate deterioration of his physical condition. Responsibility is not taken into account by the violator of the law during the period of the commission of actions. Legal prosecution returns the initiator to the world of law and order by recognizing his guilt and the inevitability of punishment.
Article 115 of the Criminal Code characterizes crimes related to the intentional infliction of slight harm to health. Legal consequences for a citizen occur if:
- the actions of the offender resulted in a breakdown of human health for a short time;
- as a result, a short-term loss of a citizen’s working ability occurred.
A disorder is considered short-term during a time period not exceeding a week or twenty-one days. The temporary period of a health disorder is calculated by the number of days of the sick leave sheet. A minor persistent loss of ability to work means a steady loss of ability to work in the amount of five percent. A similar percentage is characteristic of the immobility of a finger joint, a damaged auricle, or respiratory failure through a broken nose.
Harm qualification
Art. 115 h. 2 of the Criminal Code is qualified under the following conditions:
- Motivations of a bully character.
- Motives of political or confessional hatred of other people.
- Motives of intransigence in relation to a group of society.
- The use of dangerous objects as a weapon.
If damage to health is not caused specifically, even based on the motives of Art. 115 h. 2 of the Criminal Code, you should use the Code of Administrative Offenses of the Russian Federation.
Corpus delicti
Objects in the essence of intentional infliction of minor harm to health are the same as objects of inflicting grievous harm to a person. Actions or inaction and further events causally related to them in the form of a small injury to health constitute the essence of the crime. Minor harm is recognized:
- incomplete loss of vision or hearing;
- loss of finger on the hand (excluding index and thumb);
- violation of the working ability of the wrist (left).
Infliction of damage to health, which passes over time and is accompanied by a disorder of less than a week (six days) and does not lead to a loss of working ability (abrasions, bloody smudges, small cuts), can be qualified under Art. 116 or 117. A small harm to health is the objective side of various crimes: robbery, rape. Then he does not receive a separate legal assessment. It does not require qualification to cause minor harm if, in the course of violent actions, the victim was harmed of a different severity.
Subject of crime
The subjective side of the criminal act is guilt in the form of mercenary intent. An individual understands the danger to society by causing slight harm to the state of a citizen, realizes the inevitability of the onset of legal consequences and admits or is indifferent to causing little harm to the physical condition.
The reasons for committing a crime do not affect the interpretation of actions committed by a citizen. Comments in qualifying an act should be used to establish the content and orientation of the intent of the offender. If the perpetrator of the crime had the desire to inflict serious harm on a person’s state or death, but the physical consequences did not occur due to unexplained circumstances and the person suffered minor harm (physical condition), the offense is interpreted on the basis of the intentional intent as an attempt on a grave criminal act. Causing minor damage to health by thoughtlessness does not lead to criminal prosecution. The subject of a criminal act is a sane citizen who has reached the age of sixteen.
Criminal penalty
| Art. 115 of the Criminal Code | Effects |
| Cash fine | Mandatory work | Correctional labor | Restriction of freedom | Forced labor | Arrest | Deprivation of liberty |
| 1 | up to forty thousand rubles or in the amount of other earnings for a time period of up to three months | up to four hundred and eighty hours | for a period of up to one year | | | for up to four months | |
| 2 | | for a period of up to three hundred and sixty hours | for a period of up to two years | for up to six months | for up to two years |
Article 115 of the Criminal Code of the Russian Federation provides for a term of imprisonment if a criminal act has occurred with aggravating consequences for life.
Beatings
The beatings are a violation of the inviolability of the physical condition of a citizen. It may not be accompanied by traces of harm visible to the outside world, but give a person pain (internal bruises) and suffering. Beatings differ from causing minor damage to the state by the absence of visible damage. They do not require being in the hospital and do not lead to the loss of labor ability to perform duties at work.
Torture is distinguished from beating by repeated actions. They can occur with certain repetitions in time and consist in repeatedly beating, using torture, including psychological torture, depriving the body of basic functions that are necessary for the body.
For beating, liability is provided for in Art. 116 of the Criminal Code. The fulfillment of violent acts that inflicted physical pain, but did not entail the consequences referred to in Art. 115 of the Criminal Code. Comments include light physical injuries that did not result in a serious health condition.
What to do to the victim?
A statement to the law enforcement authorities about causing minor harm to health should be written in compliance with the following rules:
- Writing a statement should be quick, relative to the time after causing harm to the physical condition. The appeal can be written at the police station in person or by calling the custodians of public law and order at the scene of the crime.
- Upon the fact of writing the appeal, the policeman will send the injured citizen to examine the damage. A medical report is evidence of damage to health in a court case.
- After transferring the medical report to the police station at the scene of the incident and passing the required investigative procedures, the victim must wait for a call to the court at the place of registration of the incident.
How to avoid punishment?
As judicial practice in our country shows, punishment can be avoided for deliberate harm to the physical condition of citizens. The culprit of illegal acts should try to negotiate with the injured person amicably settle the conflict. If it was not possible to do this, then it is required to place an emphasis in the police, and then in court on causing harm unintentionally. To say in court that the accused has overestimated his physical strength and did not want to inflict damage on such a scale. Indeed, deliberate harm usually occurs with the use of the subject of violence.