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A traffic accident can have serious consequences. This is not only material damage caused to the vehicle, but also harm to the victim’s health, which is assessed from mild to severe.

The circumstances of the accident may affect the financial situation and mental state of the victims; some lose their ability to work or become disabled.

The current legislation of the Russian Federation provides for several measures of liability for causing harm to health in an accident, and the punishment for the crime varies from administrative arrest to forced/public labor, restriction or imprisonment.

It all depends on the severity of the act committed and a number of factors taken into account by the investigative authorities and the court.

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Definition of grievous bodily harm

The degree of harm caused is determined by the results of a forensic medical examination. Grave harm involves the infliction of injuries resulting in the loss of body parts and organs of the victim.

The list of injuries that are qualified in detail is approved by Order of the Ministry of Health No. 194-. Here are the most common consequences that allow you to initiate a criminal case for causing grievous bodily harm:

• Significant penetrating wounds of the spine, abdomen, chest, skull.
• Burns of a large surface of the body.
• Fractures of the extremities that resulted in significant loss of functionality.
• Loss of body parts or internal organs (anatomical or functional).
• Other injuries associated with serious health consequences.

If, as a result of an accident, the victim receives several injuries at the same time, the degree of harm caused is assessed according to the most severe.

What does "unintentional" mean?

Causing minor harm to health through negligence (unintentional) is an act that has signs of minor harm to health, namely the absence of a threat to life, minimal damage to health, short-term treatment for 21 days, loss of ability to work up to 10% and not having any intent (not direct , nor indirect).
To do this you need to collect some evidence:

• recordings from CCTV cameras, recorders, etc.
  Important! It is especially important in case of an accident; a video recorder is often the only thing that can confirm your innocence.
• Witnesses who can testify that the act was committed without intent.
• Other evidence based on the specific situation.

Having collected them, you need to submit them to the investigation and wait for the result. If the evidence is significant and it clearly shows that it was a simple “coincidence” of circumstances, then the court will recognize your innocence and all that threatens you is payment of damages (financial and moral).

Since unintentional harm to health is equivalent to injuries sustained through negligence (these are synonyms), the procedure for refuting one’s guilt is absolutely the same.

Liability comes only if you cannot prove your innocence and is regulated by Article 115 of the Criminal Code of the Russian Federation. When talking about punishment in this case, it is important to consider some points:

• medical signs;
• qualifying signs.

Reference! If the damage is minimal and the signs are not qualified, you will not face serious problems, even if you decide not to prove your innocence or are unable to do so even if you really want to. But the above signs play a big role.

The bodily lungs themselves are divided into the following subcategories:

1. minimal damage that did not entail loss of ability to work and deterioration of health for a certain period;
2. more serious damage leading to more serious consequences.

The first category is the most minimal damage, which disappears in the shortest possible time - 6 days. It could be a bruise, contusion, dislocation, scratch.

The second includes more serious injuries. These are health problems that resolve within three weeks (i.e. longer than 6 days, but not more than 21 days), loss of ability to work up to 10% (partial loss of hearing, vision).

If the victim completely loses sight, hearing, or a finger on his hand, then this will be classified as causing moderate harm to health.

This is due to the fact that the loss of ability to work will be 30%, which is 20% higher than the norm in terms of minor harm to health.

If the victim has the second category of injuries, then this may aggravate the punishment.

Qualifying signs can do the same, these include:

• an atrocity due to which more than 2 people were injured;
• assault while performing official duties;
• if the victim was a minor and could not defend herself;
• a crime that was committed by force or humiliation;
• a criminal group consisting of several people;
• crime committed due to ordinary hooliganism;
• the villain who used the weapon;
• discrimination against religion or race.

Attention!
Our legislation provides for liability for minor injuries from the age of 16, while for more severe injuries (

average

or

serious bodily

) will have to answer from the age of 14.

There is a clear list of penalties that are applied depending on the specific situation:

1. in the absence of qualifying (aggravating characteristics):
   fine, but not more than 40 thousand rubles;
2. a fine in the amount of three salaries of the person who committed the crime;
3. arrest for up to 4 months;
4. up to a year of correctional labor;
5. up to 480 hours of community service.
6. With the presence of qualifying characteristics:
   imprisonment for up to two years;
7. restriction of freedom for up to two years;
8. up to 360 hours of compulsory work;
9. up to a year of correctional labor;
10. up to two years of forced labor;
11. arrest for up to six months.

As we indicated above, there are several types of bodily injuries (first and second categories) and the degree of punishment also depends on the category, since the second is more severe than the first. Read about liability for causing minor harm to health here.

Physical violence committed with deliberate intentions is initially an unlawful act for which liability is provided under the Criminal Code of the Russian Federation. However, the application of various punitive sanctions will directly depend on the degree and nature of health damage.

Causing slight harm to health entails punishment, which is provided for in Art. 115 of the Criminal Code of the Russian Federation. The grounds for prosecution will be determined taking into account the following features:

• The actions of the offender must be intentional, i.e. causing harm to health for accidental reasons is not included in this norm;
• minor harm to health according to the Criminal Code of the Russian Federation consists of a short-term health disorder or minor loss of general ability to work;
• infliction of light harm to health, committed for certain types of motives or motivations, will entail significantly severe sanctions under Part 2 of Art. 115 of the Criminal Code of the Russian Federation.

Note! Liability for causing minor harm to health will arise only as a result of establishing the severity of the harm. The procedure for determining these factors is regulated by Decree of the Government of the Russian Federation of August 17, 2007 No. 522.

In some cases, causing minor harm to health may result in administrative liability. In particular, administrative liability for minor harm to health may arise if injuries were sustained as a result of an accident. The key basis for the onset of administrative liability under this offense is the absence of intent to use physical violence against the victim.

The average severity of harm to health, the punishment for which is provided for in Art. 112 of the Criminal Code of the Russian Federation. Infliction of moderate harm to health causes long-term health disorder or significant permanent loss of general ability to work (less than one third).

Cases where the death of the victim occurs as a result of harm to health deserve special attention. It must be borne in mind that the nature of the consequences of mild and moderate harm to health does not entail death, therefore Articles 112 and 115 of the Criminal Code of the Russian Federation do not contain such a qualifying feature as the death of the victim.

If the guilt and intent of the offender is reliably confirmed, as well as a mild degree of harm to health is established, the court will have to choose one of the possible penalties for the guilty person. The court may impose the following punishment:

• fine - under the first part of the article under consideration;
• compulsory work - on both parts of Art. 115 of the Criminal Code of the Russian Federation;
• correctional work - in accordance with the first and second parts of this norm;
• arrest - under Part 1 and Part 2 of Art. 115 of the Criminal Code of the Russian Federation;
• forced labor and restriction of freedom - only under the second part of Art. 115 of the Criminal Code of the Russian Federation;
• imprisonment - under part two of Art. 115 of the Criminal Code of the Russian Federation.

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Article 115 of the Criminal Code of the Russian Federation provides that causing minor harm to health carries an increased public danger if it is committed out of hooligan motives; using weapons or similar objects; based on racial, political and other hostility.

Thus, the choice of a possible sanction for causing harm to health of mild severity, which is provided for in Article 115 of the Criminal Code of the Russian Federation, will be influenced not only by the nature of the consequences, but also by the circumstances of the unlawful act.

These circumstances will be established at the stage of preliminary investigation and during the judicial investigation.

Note! Article 112 of the Criminal Code of the Russian Federation provides for the presence of many qualifying characteristics that affect average harm to health. For example, they include causing harm to the health of a minor, or in relation to two or more persons. For Article 115 of the Criminal Code of the Russian Federation, similar signs have not been established by the legislator.

Damage to health, which is regulated by Art. 115 of the Criminal Code of the Russian Federation, is subject to investigation taking into account the conclusion of a forensic medical examination or examination by specialized medical institutions. A referral for examination must be issued by a law enforcement officer upon receipt of an application from the victim.

If, when filing an application for causing minor harm to health, an examination is ordered, the expert’s report will indicate the real consequences for the victim’s health. For example, an examination document may indicate a moderate injury, although the victim himself filed an application for prosecution under Art. 115 of the Criminal Code of the Russian Federation. In such a situation, the investigative authorities are obliged to reclassify the charge based on the real nature of the harm to health.

If you need help proving mild or moderate personal injury, we recommend that you seek help from our experienced specialists. We will provide full legal support at every stage of bringing the perpetrators to justice.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Intentional infliction of minor harm to health, which caused a minor loss of ability to work, entails a sanction in the form of a fine ranging from 50 to 100 times the minimum wage. In addition, a sum of money is subject to recovery, which is equal to the officially established salary of the convicted person for one working month.

The penalty is determined in court based on the essential circumstances of the case.

According to the requirements of the Code of Criminal Procedure of the Russian Federation, criminal cases for crimes provided for in part one of the article are initiated by the bodies of inquiry and considered by magistrates. As for the second part of the article, which already applies to crimes of medium gravity, cases are initiated by investigators and considered by district courts at the place where the crime was committed.

Criteria for assessing the severity of harm caused

The most important stage in investigating the consequences of an accident is the appointment of a forensic medical examination, during which medical workers establish a cause-and-effect relationship between the accident and the injuries caused, and also assess the degree of disability of the injured person.

A medical expert is required to be part of the commission and, in addition to physical injuries, determines whether the victim has psychological trauma. The result is an estimate:

• How the injuries caused will subsequently affect the life of the injured person.
• Can health damage affect performance and to what extent?
• How long does it take for the body to fully recover?
• What is the percentage of loss of vision, hearing, and other sense organs?
• Is there loss/loss of functionality of internal organs?

Article 164 of the Criminal Code of the Russian Federation and its structure

If, as a result of a traffic accident, the victim is seriously injured, a criminal case is initiated under Article 264 of the Criminal Code of the Russian Federation. The sanctions under this article are very varied: from community service to long-term imprisonment. It all depends on the part (there are 6 in total) and additional circumstances (described in two notes).

The first part lists the types of offenses without aggravating circumstances that led to the infliction of grievous bodily harm. The second part examines cases aggravated by a number of circumstances. Parts 3-5 relate to road accidents that led to the death of one person or more people.

Note 1 concerns situations where liability under Article 264 of the Criminal Code of the Russian Federation arises not only for the driver driving the vehicle involved in an accident, but also for other road users.

Note 2 considers cases where mandatory medical examination of participants in an accident revealed an excess of the permissible alcohol concentration.

This is a serious aggravating factor, as is driving under the influence of drugs or refusing a mandatory examination after an accident. Refusal is equivalent to a positive outcome of the examination; this must be remembered not only by the culprit, but also by all participants in the accident.

Definition of the concept and medical evaluation criteria

A damaging factor is a body (object), substance (for example, an aggressive liquid) or a phenomenon (for example, high or low temperature, electricity, etc.) that can cause damage. Damaging factors can have a single (either mechanical, thermal, chemical, etc.) or combined (either mechanical and thermal, or thermal and radiation, or chemical and radiation, etc.) effect.

Victim is a person who has suffered damage. They can be the victim, suspect, accused and other persons involved in the case.

The severity of harm to health is a qualitative and quantitative characteristic of a violation of the structure and function of the body, classified by the Criminal Code of the Russian Federation into one of three categories: severe, moderate and light harm to health.

Life-threatening is a sign of damage that, in its normal clinical course, can naturally result in death. Thus, one of the defining provisions of “danger to life” is the possibility of death. Here it is necessary to emphasize that we should be talking about the naturally existing danger of death.

A life-threatening condition is a sign of damage that causes functional disorders that cannot be corrected by self-regulation of the victim’s body and cannot be restored without a special set of medical measures to restore his vital functions.

The consequences of harm to health are non-life-threatening, permanent or temporary disturbances in the structure and function of the body, as manifestations of the damage received. The “Rules” provide the following list of consequences: permanent loss of general ability to work; complete loss of professional ability to work;

Health disorder due to damage is a functional change in the body caused by a violation of the integrity of the anatomical structures of the body. To determine the duration of a health disorder means to establish the time during which the specified functional disorders continued.

Ability to work is a set of innate and acquired abilities of a person to act aimed at obtaining a socially significant result in the form of a certain product, item or, approved by the Government of the Russian Federation on April 23, 1994 No. 392).

General work capacity is limited to the ability to perform only unskilled work and provide self-care.

Unskilled labor is work that is not difficult to perform and does not require special knowledge, skills, experience or prior vocational training. Self-service is understood as the independent satisfaction of everyday needs: preparing and eating food, personal hygiene, dressing, etc.

Professional ability to work is the ability to perform a certain volume and quality of work in a specific profession: doctor, engineer, teacher, artist, etc.

Special ability to work - the ability to perform a certain volume and quality of work in a specific specialty: surgeon, ophthalmologist, gynecologist, pianist, violinist, clarinetist, conductor, juggler, etc.

Permanent disability is an irreversible loss of function that will not be restored until the end of a person's life, despite all medical care. When conducting a forensic medical examination of the severity of harm to health, permanent loss of ability to work is conventionally considered to include loss of body functions that persists for more than 120 days. [2]

Causing minor harm to health - injuries that are not life-threatening, do not require long-term treatment (up to three weeks) and do not affect overall ability to work (the maximum limit in this case is up to 10%).

This is regulated by Article 115 of the Criminal Code of the Russian Federation. It follows from this that an action that entailed such consequences (short-term health disorder, minimal loss of ability to work) committed unintentionally refers to the concept of causing minor harm through negligence.

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Causing minor harm to health is a crime that manifests itself in the form of an action and is aimed at causing minor damage to human health.

Medical criteria that can qualify this type of crime are:

1. Insignificant, but at the same time persistent loss of ability to work (less than 10%).
2. Temporary minor dysfunction of human organs (no longer than 21 days).

Minor harm does not include superficial damage to the skin, such as:

• abrasion;
• injury;
• bruise;
• a superficial wound or other injury that does not cause short-term health problems.

Concept

The crime under Part 1 of Art. 112 of the Criminal Code of the Russian Federation, infringes on the health of another person.

Harm caused to human health is understood as a violation of the anatomical integrity and physiological function of human organs and tissues as a result of exposure to physical, chemical, biological and mental environmental factors.

However, secondly, a sign of causing moderate harm to health is a long-term health disorder (that is, temporary loss of ability to work lasting more than 3 weeks (more than 21 days) or a significant permanent loss of general ability to work by less than one third (the latter sign, consisting of loss of general ability to work is established by a forensic medical examination).

Corpus delicti

This crime is characterized by a deliberate form of guilt and can be committed with both direct and indirect intent. A crime is recognized as committed with direct intent if the person who committed it was aware of the social danger of his actions (inactions), foresaw the possibility or inevitability of socially dangerous consequences and desired their occurrence (Part 1 of Article 25 of the Criminal Code of the Russian Federation).

A crime is considered committed with indirect intent if the person who committed it was aware of the social danger of his actions (inactions), foresaw the possibility or inevitability of socially dangerous consequences, did not want, but consciously allowed these consequences or was indifferent to them (Part 2 of Article 25 Criminal Code of the Russian Federation).

The qualified elements of this crime contain the signs that were disclosed in Part 2 of Art. 105 of the Criminal Code.

Responsibility for a crime under Art. 112 of the Criminal Code of the Russian Federation, begins at the age of 14.

The crime provided for in Part 1 of Art. 112 of the Criminal Code of the Russian Federation, restriction of freedom for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.

As a rule, courts impose punishment in the form of restriction of freedom or suspended imprisonment.

Let's give an example. D. was drinking alcohol with a previously unknown V. in the park. A quarrel occurred between them, during which D. approached the victim and struck him several times on the head, causing V. to fall. Approaching him again, D. again began to strike multiple blows. After the victim lost consciousness, D. ran away.

Taking into account the great public danger of qualified types of crimes associated with causing harm to health, and in particular – causing harm to health of moderate severity, the legislator provides for only one type of punishment under Part 2 of Article 112 of the Criminal Code of the Russian Federation - imprisonment for a term of up to 5 years.

Part 2 of the article refers to crimes of medium gravity. When assigning punishment, courts take into account many circumstances, including what specific qualifying feature is imputed to the perpetrator, as well as the very circumstances of the crime committed.

Previously, liability for this act was provided for in Part 3 and Part 4 of Article 118 of the Criminal Code of the Russian Federation. With the adoption of Federal Law No. 162-FZ of December 8, 2003, these parts became invalid. Thus, at present, causing moderate harm to health is not criminally punishable. Depending on the circumstances, the guilty person is subject to civil liability.

Liability for this act is also not provided for in the current Criminal Code of the Russian Federation. If such consequences occur, the person is subject to administrative liability under Part 2 of Article 12.24 of the Administrative Code of the Russian Federation, which provides for punishment in the form of a fine or deprivation of the right to drive.

The corpus delicti under Article 264 of the Criminal Code of the Russian Federation

In addition to the measures of responsibility for the crime committed, Article 264 clearly defines the composition, object and subject of the crime. Thus, the object of the crime when committing an accident is a violation of the current traffic rules, resulting in serious harm to health. An additional object is a threat to human safety, health and life.

The subject of the crime is a car or other vehicle. It is important to note that self-propelled mopeds, scooters and other vehicles fall under the jurisdiction of Article 268 of the Criminal Code of the Russian Federation. In addition, the subject of the crime cannot be a vehicle that does not have an engine (for example, a bicycle). If the investigation reveals that the perpetrator of the accident had malicious intent, then this is a crime against the person, which is an additional aggravating factor.

The subject of the crime is a legally competent citizen over 16 years of age (liability under Article 264 begins at this age) who was driving a vehicle. The presence or absence of a driver's license does not matter: it may be absent or it may be confiscated for previous offenses.

Subject of the crime

The main problem is to distinguish between intentional harm and unintentional harm. This is decided by the provision of evidence from the applicant and the accused. In addition, there are the following options:

• 
  the absence of general signs of the subjective side, object, objective side, but the presence of such applies to the subject.
  Subject is defined as a person who has reached the age of 16. Basically, from the age of 16, responsibility for most criminal offenses begins, with the exception of particularly cruel ones.

  For example, murder or the infliction of intentional bodily harm of moderate or severe degree, so this sign will coincide in many cases, accordingly, delimitation will most likely not occur based on such signs.

• Presence of most common features.
  For a complete explanation, let’s compare two articles: 115 of the Criminal Code (inflicting minor injuries intentionally) and 112 of the Criminal Code (inflicting moderate injuries intentionally). Almost everything in them coincides, the only exception is the degree of damage caused. And accordingly, various medical signs, such as the duration of treatment, loss of ability to work, etc. Such similarity is usually called adjacent; delimitation often causes difficulties, since the Criminal Code of the Russian Federation contains many related crimes.
• The presence of minimal common features. Let's compare several articles: 113 of the Criminal Code of the Russian Federation (infliction of moderate harm to health in a state of passion) and 115 (intentional infliction of minor harm).
  Criminal Code of the Russian Federation, Article 113. Causing grievous or moderate harm to health in a state of passion

  Intentional infliction of grievous or moderate harm to health, committed in a state of sudden strong emotional excitement (affect) caused by violence, mockery or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a long-term psychotraumatic situation that arose in connection with systematic illegal or immoral behavior of the victim, -

  shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

  Their main common feature is health disorder. There are much more differences: the first case is carried out in a state of passion, the second intentionally, the degree of damage is different, the age at which responsibility begins, and so on. In this case, it is quite easy to distinguish it from other crimes.

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Examples

Intentional infliction of minor harm to health includes the object of the crime, which acts in the form of social relations that have developed in the process of realizing the natural right to health protection and personal integrity. In other words, the object of the crime is the inalienable human right to health and safety.

Causing minor harm to health includes the objective side of the crime, which appears in the form of:

• socially dangerous action;
• criminal consequences, which are expressed in the form of minor harm to health;
• causal connection between the criminal consequence and the act.

The obligatory signs of the objective side are the act, as well as the negative consequences that occurred after the commission of the crime.

Optional characteristics include:

• crime scene;
• situation;
• time;
• guns;
• way;
• facilities.

Such signs generally do not affect the qualification of a criminal act, but play an important role when the court determines a preventive measure.

Actions that cause minor harm take a very diverse form. They can be expressed in the form of mechanical or psychological effects. Based on these criteria, actions are conditionally divided into three main groups:

1. Causing harm to health by chemical means.
2. Through psychological influence.
3. By physical influence.

Accordingly, it is necessary to distinguish three main forms of impact on the human body, which manifest themselves in the form of:

• psychological impact on the nervous system;
• contact with the body;
• penetration into the body.

Causing minor harm to health is characterized by a subjective side, which appears in the form of guilt with indirect or direct intent. This type of crime is often characterized by an indefinite type of intent.

In order to correctly qualify this type of crime, it is necessary to establish that the guilty person wanted or consciously allowed the infliction of specifically minor harm to human health. If the criminal intentionally intended to cause grievous harm or even commit murder, but due to circumstances beyond his control the implementation of the intent was not accomplished, the crime committed will be considered as attempted murder.

Causing minor harm to health includes a wide variety of purposes and motives for the crime, such as jealousy or revenge. If minor harm was caused through negligence, then this action will not entail criminal liability.

Causing minor harm to health entails liability only for persons who were already 16 years old at the time of the commission of the act.

In addition, the subject of the crime includes two main characteristics, which include:

• reaching the age of criminal responsibility;
• sanity.

Criminal liability does not arise for a person in the following cases:

1. Lack of objective connection between the consequence and the act.
2. Absence of signs of the subject of the crime or the mandatory criterion of sanity.
3. If minor harm is objectively considered a consequence of a criminal act committed, but the person is not in a relationship with the object to which the harm was previously caused.
4. Exerting pressure on a person by third parties (coercion to commit minor harm to health under the threat of physical force).

Liability measures for causing grievous bodily harm in an accident

The punishment for serious bodily injury as a result of an accident depends on the part of the article under which the crime is classified.

• For part 1 - administrative arrest for 6 months, forced labor for a period of 2 years, community service for a period of 3 years, restriction of freedom for up to 3 years or imprisonment for a term of up to 2 years.
• Under Part 2 - community service for up to 3 years, deprivation of the right to hold a certain position for up to 3 years, or imprisonment for up to 4 years.
• For Part 3, the penalty is similar to Part 2; at the discretion of the court, the punishment may be increased by 1 year.
• For Part 4 – imprisonment for a term of 2 to 7 years.
• Under Part 5 – forced labor for up to 5 years or imprisonment for up to 7 years.
• For Part 6 – imprisonment for up to 9 years.

Minor harm to health: signs, responsibility and punishment

Last updated - January 2021

There are many legal terms used in the law, including personal injury. There are several varieties of it, classified according to medical characteristics.

Anyone who causes minor harm to a person's health will face criminal or administrative liability, and upon receipt of such liability, either an application for prosecution (administrative or criminal) or a claim for recovery of material damage and moral damage should be filed.

Characteristics of minor bodily injuries, qualifying signs, difference from beatings

If we consider the general concept of harm to health, it implies that the anatomical integrity and physiological function of the tissues (organs) of the victim were violated.

The cause is various external factors - physical, mental, biological, chemical.

When harm is caused to health, there are several degrees of severity, the qualifications of which are carried out by a forensic expert. Mild severity is classified according to the following medical criteria:

• the functions of organs (systems) are temporarily impaired - from the moment of bodily injury the person is temporarily disabled for a maximum of 3 weeks (21 days inclusive);
• general ability to work was lost steadily, but only slightly (up to 10%).

When determining the degree of severity, there may be several qualifying signs - then the one that determines the greatest degree of severity is taken into account. A medical examination to record the injuries received and determine the degree of their severity should be carried out as soon as possible from the moment of injury.

The difference between mild harm to health and beatings is that the latter cause physical pain or cause superficial damage, but do not entail temporary disability or loss of general ability to work.

Classification of minor injuries

Minor bodily injury involves three scenarios:

1. Short-term health disorder.
2. Minor loss of ability to work.
3. Absence of the above factors.

The latter includes damage that caused a health disorder that lasted no more than 6 days. Examples of minor injuries may include the following:

• abrasion;
• head injury;
• bruise of soft tissues of the face;
• severe bruise of the limbs;
• Possible mild concussion.

Varieties

Mild harm to health can be caused intentionally . This option is criminally punishable. To determine the extent of responsibility for it, it is necessary to establish the presence of intent. The subject of the crime must be over 16 years of age.

If minor harm is caused by negligence , then this implies a lack of intent. If this fact is proven, there will be no criminal liability. The reason for such an act could be an accident or self-defense.

An act can also be committed in a state of passion . This may mean that the victim provoked the perpetrator, causing severe emotional disturbance and stress.

For this reason, he could not control himself and committed illegal actions, which resulted in slight harm to his health.

In criminal law, this option is not considered, since only its moderate and severe degree is taken into account.

Going to court

Part 1 art. 115 of the Criminal Code of the Russian Federation is an article of private prosecution, of minor gravity. Cases under it are initiated by analogy with Art. 116.1 (beatings).

That is, the police conduct a check on the application, but can initiate a case and investigate only if the person who caused minor harm to health is unknown or the victim cannot represent his rights, for example, a minor or an elderly person due to his helplessness.

If the criminal is known, a decision is made to send the material to the magistrate's court within its jurisdiction. The victim himself represents the prosecution. In this case, you can immediately go to court yourself, but with material from the police it will be much easier, since some of the documents will be ready.

Thus, you can go to court:

1. To initiate a criminal case under Part 1 of Art. 115 – to the magistrate’s court.
2. To recover damages - moral and material (lost earnings, lost profits) - to the district court (moral damage is only within its jurisdiction).

Contacting the police

If the crime was committed with aggravating circumstances under Part 2 of Art. 115 (hooligan motives, political, ideological, racial hatred, weapons were used), the case on it will be a public accusation. Criminal prosecution is carried out by police officers and a prosecutor, upon application from the victim.

Rules for filing a claim

If a person has received minor injuries, he has the right to file a claim for compensation for personal injury in court. The header of the document indicates the name of the court, details of the plaintiff and defendant (full name without abbreviations, address), the price of the claim (all claims are summed up). The document must contain the following information:

• date of minor injury;
• reason for the act (what events preceded the crime);
• consequences of harm;
• actions committed by the defendant (how the plaintiff was harmed, the means used);
• a list of documents confirming the causal connection between the defendant’s actions and the harm caused, indicating the bodies and officials who compiled them, details;
• level of lost general ability to work (indicated as a percentage);
• period of incapacity (from what date it began and when it ended);
• confirmation of loss of ability to work - details of the relevant documents are indicated;
• average earnings for the year before the injury occurred;
• a document confirming wages for the year before the incident and including calculation of average earnings (certificate of the appropriate form from the place of work);
• the amount of lost earnings during the period of incapacity for work with the corresponding calculations;
• the amount of additional expenses incurred that the defendant must reimburse, with their listing, indication of the cost, the need of the person, the impossibility of receiving it free of charge and the corresponding calculations;
• a detailed listing of the plaintiff’s physical and moral suffering;
• the amount of moral damage caused with its justification.

The statement of claim must be accompanied by documents confirming the injury to health, substantiating all the claims of the plaintiff and containing the necessary calculations. A list of all documentation must be indicated in the claim. At the end of the document, the date of its filing and the signature of the plaintiff must be indicated.

You must file a claim immediately after the examination, which lasts an average month. There is no statute of limitations on a claim for compensation for moral damages.

Minor harm to health is the infliction of certain injuries, the severity of which is classified in accordance with medical criteria. A person who causes minor bodily harm is legally responsible - the punishment for such an act can be administrative, criminal and civil in the case of compensation for damage.

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Is it possible to avoid punishment for harm caused to health?

As you can see, the penalties under Article 264 are quite severe. The legislation provides for such a mechanism for avoiding liability as reconciliation of the parties. It is often used if there is a family relationship between the culprit of the accident and the victim. For example, the culprit is the husband, the victim is the wife.

A mandatory condition for concluding a settlement agreement and closing a criminal case is compensation for damage to health determined by the victim. If the amount seems unaffordable to the culprit or does not correspond to the damage, you don’t have to sign the settlement agreement and wait for the court’s decision.

At the time of payment of the compensation amount, the parties sign a special document, which indicates the desire for reconciliation and the absence of mutual claims between the parties. An important aspect: reconciliation of the parties is possible only if the culprit has not previously been prosecuted for committing an accident.

What is the punishment?

The degree of severity must be determined in order to apply the correct punishment. The victim will be required not only to file a statement with the police, but also to provide evidence that an illegal act was intentionally committed. It is also necessary to confirm the fact that the harm actually occurred. Then criminal liability will arise under Article 115 of the Criminal Code of the Russian Federation.

The punishment for it is as follows:

1. Intentional infliction of slight harm to the body - may be fined a maximum of 40,000 rubles, community service for a period of up to 480 hours, correctional activity for no more than a year, arrest up to 160 days.
2. The same action committed by hooligans, using weapons or other objects for beating, or because of political, social, racial, religious hostility - community service for up to 360 hours, correctional activity for up to a year, limitation of a person’s freedom for up to 2 years, forced labor up to 24 months, arrest up to six months, imprisonment up to two years.

If the injuries are considered insignificant, law enforcement agencies will use Article 116 of the Criminal Code of the Russian Federation for ordinary beatings. The judicial authority has the right to impose compulsory labor for up to 360 hours, correctional labor for up to 12 months, restrict freedom for up to two years, arrest for up to six months, or imprisonment for up to 12 months.

It will certainly be necessary to prove that the damage was caused on purpose. If, according to the classification, the beating turns out to be not light, but medium or severe, then a more severe punishment will follow. Therefore, it is important to determine which category of harm will fall into.

Important! It is quite difficult to call for a criminal offense for light beatings; the Administrative Code is more often used for punishment. Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation is applied.

According to it, the defendant will face a fine of up to 30,000 rubles, administrative arrest for up to 15 days, and compulsory work for up to 120 hours. If the victim does not live in Russia, but, say, in Ukraine, Kazakhstan or Belarus, he should familiarize himself with the local code. Because in Belarus, for example, a different punishment may be imposed.

Why should you seek legal help?

Sign up for a consultation with the lawyers of our company, and we will help you achieve an objective consideration of the case, mitigate the punishment or completely avoid it through reconciliation of the parties.

An experienced lawyer will prepare petitions for the appointment of additional examinations, collect evidence and documents for the court, and take up the protection of rights during interrogations and other investigative activities.

It is possible that grievous bodily harm was caused due to negligence due to a faulty vehicle, which allows one to count on a more lenient court sentence.

15 years of experience in the legal services market

Legal Agency of St. Petersburg was founded in 2004 and has been successfully operating for 15 years

30 experienced specialists

Our team consists of competent lawyers and attorneys with narrow specialization in certain areas of law

10 years minimum legal experience

All consultations are conducted by lawyers with experience in successfully resolving similar situations, which ensures maximum assistance to the client.

91% of cases won

The results speak for themselves - since 2004, 3,756 cases have been won, 5,073 clients have been satisfied, and 874,474,045 have been paid to them

72% of appealed court decisions

We take on cases of any complexity and at any stage of the process, but the sooner you contact a specialist, the more likely a positive outcome of the case is

24 hours on call

We are ready to handle your case from start to finish, accompanying and supporting you throughout the entire process.

Court decisions

Fraudulent attempt to recover part of the damage from the culprit of the accident

The driver is trying to avoid responsibility

The insurance company inflated the cost of repairs

Driver hits drunk pedestrian

The culprit fled the scene of the accident

The culprit of the accident fled the scene

Customer Reviews

Review by Irina D. I thank the Legal Agency of St. Petersburg for the warm, sincere welcome and the detailed, competent, thorough, conscientious legal position of lawyer Andrei Valerievich.

Gratitude from Balitskaya A.S. I express my deep gratitude to Alexander Viktorovich Pavlyuchenko for his efficiency and professionalism in resolving controversial issues. The pre-trial settlement was completed as quickly as possible.

Balitskaya A.S., 05/15/2019

Thanks to Stepanov D.Yu. from Shcherbakova T.I. I would like to express my deep gratitude to Denis Yuryevich Stepanov for the very competent, highly qualified handling of my difficult case of terminating a contractual agreement with a problematic developer, who repeatedly postponed the completion of construction and completely ignored our claims (from other legal companies). The claim and complaints of Denis Yuryevich put everything in its place quickly enough, saving us from the threat of penalties from the developer, who unlawfully included them in the contract. Good luck to you in defending our legitimate interests! Thank you!

Sincerely, Shcherbakova T.I. 04.12.2017

From Pravikovskaya N.B. I express my gratitude to the staff of the legal consultation: Andrei Valerievich and Dmitry Konstantinovich, who helped me resolve the unpleasant situation with the Pyaterochka store.

The issue was resolved in my favor without delay and quickly. They apologized to me and I received monetary compensation, all without lengthy litigation. Once again, thank you very much!

Gratitude from gr. Tiuntsova G. A. I asked for advice from your “Legal Agency of St. Petersburg” - regarding deception by one person who presented himself as an employee of Rospotrebnadzor of the Krasnoselsky district, Novichkov A. A. Offered me a service - before the New Year, go on a tourist trade union voucher to Moscow on the Sapsan railway transport. I refused due to the manipulation of the placement of seats - in different trains, and then by car. Lawyer Sergei Vyacheslavovich Mavrichev handled this case and provided consultations. I thank you for such a sensitive and attentive attitude in office work, which was denied at the 58th police department of the Vyborg district, under Art. 24, 144, 145 of the Code of Criminal Procedure of the Russian Federation, I now have the right to appeal the conclusion and will send an application for further investigation to the district prosecutor's office.

Tiuntsov G. A.

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Thanks from Radhuan M.R. Dear Kavaliauskas Vasily Anatolievich. Let me express my sincere gratitude for the qualified legal assistance provided. Thanks to your professionalism, I was able to achieve a decision in my favor. I wish you further prosperity and professionalism.

Radhuan M.R. 06/08/2018

Gratitude from Marina Kuleshova I express my deep gratitude to Alexander Viktorovich Pavlyuchenko for his competent legal work and professionalism, as well as to his assistant Elena Vladimirovna for the qualified assistance provided. I wish you prosperity and achievement of professional heights.

Sincerely, Marina Kuleshova. 08/15/2018

Review by B.I. Goreky Gratitude to Yuri Vladimirovich from B.I. Goreky for the consultation on family rights.

Gratitude from Tunnova L. Sergey Vyacheslavovich! Thank you for the qualified advice you provided regarding my question in the field of consumer protection (dispute with TC OPT, the kitchen was not delivered)

Lyubov Tunnova December 12, 2018

Gratitude to Vasily Anatolyevich Dear Lyubov Vladimirovna.

I would like to express my gratitude to Vasily Anatolyevich for his competent legal assistance in solving my difficult case. I wish you and your company further prosperity and success in your hard work.

From the bottom of my heart and with best wishes. 05/03/2018