Criminal law. Art. 111 of the Criminal Code, part 1, part 2, part 3, part 4: punishment, term

One of the most controversial categories of modern criminal law is considered to be such a thing as "harm to health." This is mainly due to the fact that it is an interdisciplinary definition. Forensic medicine and a number of other related disciplines operate on them.

Classification

In judicial practice, a qualitative and quantitative characterization of harm to health is used. In the latter case, it refers to the degree of damage: medium, light and heavy. As for the qualitative characteristics, the legislation provides for such forms as:

1. Disease.
2. Bodily harm.
3. Physical suffering.
4. Pathological conditions.
5. Physical pain.
6. Moral suffering.

Art. 111 of the Criminal Code: general information

The following medical characteristics are established in the Criminal Code:

1. The infliction of a knowingly persistent complete loss of ability to work.
2. Health hazard, life threatening, determined by the method of infliction.
3. Drawing a specific, legally prescribed consequences.
4. Causing a significant persistent loss of ability to work no less than 1/3.

The essence of these characteristics is disclosed in the "Rules for determining the severity of damage to health." They are approved by Government Decision No. 522 and Order of the Ministry of Social Development No. 194n. Depending on the mechanism of causing damage to health, there are:

1. Physical injuries, consisting in violations of the anatomical integrity of human tissues or organs.
2. Other actions that are not accompanied by the above injuries, but that cause diseases of a certain kind or create conditions that threaten health or life.

Commentary on Art. 111 of the Criminal Code

Serious damage is considered the most dangerous form of harm to health. Its signs are defined in the dispositive part of Art. 111, part 1 of the Criminal Code of the Russian Federation. The criteria are also specified in the above rules and orders. The law establishes many alternative signs characterizing grievous harm. When establishing at least one of them, the act can be qualified by Art. 111 of the Criminal Code. In practice, it is customary to distinguish between two types of grievous bodily harm:

1. Life threatening at the time of application.
2. Not hazardous, but related to the category in question due to the consequences.

Danger at the time of infliction

Such bodily harm is considered bodily harm or another action (for example, an injection), which, immediately when committed, creates a threat to life in itself or provokes a violation of vital functions. This damage cannot be compensated by the body on its own and, as a rule, causes the death of the victim. Moreover, in the dispositive part of Art. 111 h. 1 of the Criminal Code, it is said that the result of harm (death of a person or non-occurrence of death) does not affect the qualification of the act. The actions that form a danger at the time of their commission include:

• Penetrating type wounds.
• Dislocations of the cervical vertebrae.
• Fractures of the base and arches of the skull.
• Damage to large vessels.
• Shock conditions of the 3rd or 4th degree.
• Massive acute blood loss and others.

A total of 30 injuries and ten life-threatening conditions were identified.

Harmful effects

Such damage to health is recognized as serious if, as a result of it,

1. Loss of vision.
2. Abortion. This circumstance is recognized as grievous bodily harm if it has arisen as a result of violent or other actions against a woman against her will, as well as if a causal relationship with external influence has been established, if it is not caused by the individual characteristics or illnesses of the victim. But in the case when external causes made it necessary to terminate the pregnancy through medical intervention, these manipulations and the consequences that followed them are qualified according to Art. 111 of the Criminal Code.
3. Hearing loss.
4. Mental disorder. It can be incurable or treatable, chronic or temporary, and can also be expressed in the form of dementia associated with moral or physical trauma.
5. Loss of speech.
6. Substance Abuse / Addiction.
7. The loss of an organ or the loss of its function. This refers to its complete separation from the body, the irreversible deprivation of an element of the organism of activity, and so on.
8. Disfiguration of the face of indelible character. By it is meant such damage that cannot disappear or become less pronounced on its own or under the influence of neurosurgical agents; gives the victim's appearance an ugly, repulsive appearance that is not consistent with generally accepted ideas about the person’s face. The fact of indelible injury is established by a forensic medical expert.
9. Persistent significant loss of general disability (not less than 1/3). This consequence is determined by two criteria. In case of a definite outcome of damage, the percentage of loss of general disability (not less than 30%) is taken as the basis. If undecided - a temporary indicator that indicates that the duration of the disorder is more than 120 days.
10. Complete loss of ability to carry out professional activities. It represents a clearly expressed violation of functions in the body with absolute contraindications for the performance of any work, even under specially created conditions. As a general rule, the type of activity that the victim carried out at the time of injury to him and was considered the main one for him is recognized as a profession.

Responsibility

In Art. 111, part 1 of the Criminal Code of the Russian Federation, the punishment is established for causing grievous bodily harm, dangerous to human life or entailing:

1. Loss of hearing, speech, vision.
2. Abortion.
3. Loss of organ or loss of function.
4. Substance Abuse / Addiction.
5. Mental disorder.
6. Lasting disfigurement of the face.
7. Persistent loss of ability to perform professional duties not less than 1/3 or fully.

For the acts referred to in the first part of Art. 111 of the Criminal Code, the term of imprisonment is up to eight years.

Aggravating circumstances

They are provided for in the second, third and fourth parts of Art. 111 of the Criminal Code. The punishment in these cases is more severe. The second part establishes liability for grievous damage in respect of:

1. Persons or their relatives in connection with the fulfillment by a person of a public debt or official activity.
2. A minor or other citizen who is obviously in a helpless state for the guilty, as well as with particular cruelty, torment, or mockery of the victim.

For crimes specified in Art. 111, part 2 of the Criminal Code, punishment - deprivation of liberty for up to 10 years with its restriction up to two years or without it. Other aggravating circumstances are also provided for in this part . In particular, in Art. 111, part 2 of the Criminal Code of the Russian Federation establishes the corresponding liability for grievous bodily harm:

1. From hooligan motives.
2. For hire.
3. Socially dangerous method.
4. Based on racial, ideological, national, political or religious hatred or hatred in relation to a particular social group.
5. For the use of tissues or organs of the victim.

For the specified acts of Art. 111, part 2 of the Criminal Code of the Russian Federation also provides for up to 10 years of imprisonment with restriction of liberty for a period of up to two years or without it.

Responsibility depending on the number of persons

In Art. 111, part 3 of the Criminal Code of the Russian Federation provides that the above crimes can be committed by an organized group, a union of persons, including by prior conspiracy or against two or more citizens. In these cases, the perpetrators face imprisonment of up to 12 years with or without restriction of liberty for no more than two years.

Death of the victim

This corpus delicti is established in Art. 111, part 4 of the Criminal Code. The punishment in this case will be more severe. At the same time, the legislator mentions in the norm such a concept as “negligence”. That is, the absence of intent to cause death is meant. Otherwise, the act would qualify as murder. Thus, in Art. 111, part 4 of the Criminal Code of the Russian Federation, the punishment for the above acts, which entailed the death of the victim through negligence, is established in the form of imprisonment of up to 15 years with a restriction of freedom of no more than 2 years or without it.

Notes

The objective part of the composition provided for in Art. 111 of the Criminal Code, expressed by behavior in the form of inaction or action, the consequences in the form of grievous bodily harm, as well as causation. The act itself can be a mechanical, toxic, physical effect on the victim’s body or an informational effect on his psyche. Also, behavior is expressed by the inaction of a person who could and should have performed an active action to prevent serious harm. The mandatory signs of the composition are unlawfulness and social danger. This, in turn, gives reason to not consider it a crime to inflict grievous bodily harm under conditions caused by reasonable risk or urgent need during surgical interventions.

Important point

The methods that cause serious harm, if they are not listed in part 2 of the article in question, do not affect the qualification, but are taken into account when individualizing the punishment. If during the beating or when other violent acts are used, health damage of varying degrees is caused, then the most serious consequences are taken into account. If two or more injuries that have signs of grievous harm were caused to the victim for a short period, for one motive and intent, the act is regarded as one continuing crime and does not form a totality of compositions.

Subjective part

It is characterized by the presence of intentional guilt. At the same time, intent can be indirect or direct. In other words, the guilty person realizes that his behavior is dangerous for another subject, suggests the possibility or inevitability of the onset of grievous harm. With direct intent, he wants or consciously allows it to be applied, and with indirect intent, he treats this fact with indifference. In the latter case, there is the uncertainty of willful guilt. In such cases, the act is qualified according to the actual consequences.

Goals and motives

They can be very different. For example, the guilty person is capable of causing grievous harm out of revenge, jealousy, feelings of hostility to the victim, envy. Some goals and motives act as the basis for classifying the act as qualified types, which significantly affects the sentence under Art. 111 of the Criminal Code. Responsibility under this article comes from the age of 14.

The practice of the fourth part

The acts provided for by Article 111, part 4 of the Criminal Code of the Russian Federation are considered the most dangerous of violent crimes. In this part, there is a rather complicated composition for understanding, suggesting two forms of guilt:

1. Intent to inflict grievous harm.
2. Carelessness regarding the onset of death.

In the previous Criminal Codes, the increased liability for intentional bodily harm, followed by death, was not associated in any way with any form of guilt regarding the death of the victim. But judicial practice was increasingly inclined towards the need to establish in such cases not only the intent of the offender, but also negligence. It is impossible to consider the cause of death in case of harm to health as a “supplement” to the formulations provided for in the first or third parts of the article. The death of the victim significantly increases the severity of the deed, bringing it closer in form to murder. It is likely that with the further development of criminal law this composition will be singled out as an independent crime. To date, many qualification errors are due to underestimation of the danger of this act.

Composition design

In Art. 111, part 4 of the Criminal Code of the Russian Federation, to a certain extent, two crimes with material elements are combined. The first consequence is the infliction of grievous bodily harm on a deliberate character, and the second is the infliction of death by negligence. Along with this, this act appears as one crime. The presence of two heterogeneous consequences allows us to consider it as a two-object. Thus, the health and life of the victim are elements of the assault. In this regard, the question arises: why does this structure belong to the category of crimes against health, and not life? Attribution to the first group of acts is consistent with the principle of systemicity. In addition, under Art. 27 of the Criminal Code of the Russian Federation, a crime characterized by two forms of guilt is recognized as "generally committed with intent." And according to the composition of the act in question, it refers to the infliction of grievous damage to health.

Crime differentiation

The infliction of grievous bodily harm, which resulted in the death of the victim, is delimited from killing and causing death with careless behavior. Difficulties mainly arise in the first case. The delimitation of the crime in question from murder cannot be made on the object due to the presence of two elements of the assault. To differentiate on the objective side of the act is also not possible. The fact is that by the same inaction or action one can commit murder and inflict grievous harm with the subsequent death of the victim. For the delimitation of compositions will not matter and the time interval between the damage and the onset of death. There is a misconception that the existence of a significant time gap between injury and death requires qualifications in the fourth part of the article under review and excludes the recognition of the act as murder. However, this opinion has no reason. Judicial practice testifies that in the event of intentional infliction of death, the deed will be qualified as murder even if the victim died after a time after being injured. Thus, only the subjective side of the deed acts as the main criterion. In accordance with the criminal law, intent on murder is aimed at the death of the victim, and within the meaning of Art. 111 of the Criminal Code, he is focused on causing serious harm to his health. Nevertheless, one can determine the direction and content of the desire of the guilty subject by conducting a thorough analysis of his behavior and all the circumstances and conditions under which the crime was committed, that is, evaluating the signs of the objective part of the composition.