Unintentional grievous bodily harm through negligence: article of the Criminal Code of the Russian Federation

Today, there has been a large increase in crime, which is associated with a large stratification in society. Division according to social, class and financial grounds is the main reason for the lack of its integrity. Injury to any person can be caused in a state of affect or intentionally. Here we will talk about the first option, which does not relieve the responsibility of the accused person. Today, such crimes are the most frequent and fall under the article of the law, according to which the perpetrator receives well-deserved punishment.

Danger and health hazard

Human life has always been considered the main value, and inflicting grievous bodily harm through negligence is one of the most common and common crimes. The cause of the acts that have a detrimental effect on the state of the body can be various factors: both simple hooligan behavior and domestic quarrel, as well as thoughtful and carefully planned crime. Most often, such acts can be carried out in a state of alcohol or drug intoxication, when a person, being in an inadequate state, cannot fully control his behavior, and it is difficult for him to restrain aggression towards people around him.

infliction of grievous bodily harm through negligence

Serious injury

A serious category in the case of harm to health may include actions to inflict injury, which may subsequently result in death. This, for example, penetrating wounds, injuries in the skull or spine. This also includes damage to arteries or veins, body burns of the second degree, careless actions that cause pathological conditions: coma, pain shock, frostbite, great blood loss or purulent-septic infection.

Health risks can vary.

Infliction of grievous bodily harm through negligence can be done without a threat to life, but with an irreversible deterioration in its quality. This is a complete or partial loss of vision or hearing, irreparable disfigurement of the face of the victim, impairment of work or the complete loss of one of the organs. Also in the category of "serious" harm to health "include psychotic and neurotic disorders, a tendency to substance abuse and drug addiction, forced termination of pregnancy. That is, everything that leads to a partial or complete loss of performance.

article causing grievous bodily harm through negligence

Is it dangerous to protect yourself and loved ones

Unintentional infliction of grievous bodily harm through negligence can be inflicted during self-defense, when a person is in a critical situation, feeling a threat to himself, his relatives or his own property. At such moments, the situation is not always correctly assessed, and it is not always possible to calculate one’s strength at this time. So, when confronting, you can not take into account the force used, so the attacker can get serious bodily harm. Such actions are considered an excess of permissible self-defense and are punishable by law. It happens in the form of a fine, compulsory or corrective labor, or arrest and restriction of freedom.

causing serious harm to human health through negligence

Working moments

There are times when grievous bodily harm caused by negligence is committed by a person in the process of improper performance of their professional duties. Such actions also fall under this article and may be punished by a fine or correctional labor. Depending on the circumstances of the case, the accused may receive a suspended sentence prohibiting this activity for a certain period. Such cases are considered by the court and a sentence is passed, which should satisfy the injured party.

grievous bodily harm due to the negligence of an accident

Emergency situations

Also, a car accident on the road can be regarded as causing serious damage to health through negligence. Accident - a crime for which punishments are prescribed from a fine or compulsory labor to forced labor and arrest. Naturally, a situation such as an accident on the road cannot be a planned or deliberate act, but in such a case, the rules for operating a vehicle or the rules of the road were violated. All this entails consequences leading to accidental injury to the victim.

serious injury through negligence examples

Health guardian law

Punishment for the above acts is prescribed by law, for this there is an article in the criminal code "Causing grievous bodily harm through negligence." According to it, a sentence is passed, and the punishment for the crime committed takes effect. To confirm the damage caused to health, it is necessary to confirm the forensic medical examination, which gives a conclusion on the severity of the crime in relation to the injured person. If it is confirmed that the damage is serious, then article 118 of the Criminal Code of the Russian Federation will be instituted .

Risks of any profession

Representatives of almost all professions for certain actions or inaction may fall under the article “Causing grievous bodily harm through negligence”. It can be engineers and doctors, trainers and drivers. Criminal liability for the crime occurs when a person reaches sixteen years of age. The court must carefully consider all the circumstances of the case in order to correctly qualify the act and then pronounce the verdict.

unintentional infliction of grievous bodily harm through negligence

No one expects danger

Any person, without expecting it, can become guilty of such a crime as causing grievous bodily harm through negligence. Examples of such episodes are numerous. One of the cases is the clarification of relations when the accused, having hit the victim with a hand, did not calculate his strength, after which the man, unable to maintain his balance, fell down the stairs. Having received a blow about the step in the occipital part of the head, he received a fracture of the base of the skull and a bruise of the brain, as well as multiple bruises of the body.

Among all injuries, bruises can be attributed to minor injuries: they do not lead to disability or health problems. Head injuries are serious injuries that can cause great harm to health, therefore they are qualified as causing serious harm to health by negligence. Therefore, the court will consider the punishment for the accused. Not only the reasons that prompted the criminal actions, but, of course, the consequences that occurred as a result of the strike will be taken into account.

The fault of the victim

The case will be confirmed by the conclusion of forensic research, which, after careful study and consideration, will give accurate confirmation of all injuries on the victim’s body. Another example is the case of a pedestrian crossing a road in the wrong place . He was hit by a passing car. After the ambulance delivered the person to the hospital, he was diagnosed with serious injuries and fractures that arose from a collision with a car.

If help had not been provided in a timely manner, the life of the victim could be in danger, since a rupture of a blood vessel has formed. A timely blood transfusion and skillful actions of doctors were able to save the life of a man. Despite the fact that his guilt is obvious (after all, the person crossed the road in the wrong place), the driver of the car that brought down the offender will be responsible for the grave damage to his health.

Source: https://habr.com/ru/post/K4521/


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