Mild severity of harm to health punishment

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Batterings and minor harm to health. Differences in punishment and consequences

Beatings. Article 116 of the Criminal Code of the Russian Federation

Ushakov’s explanatory dictionary defines beatings as “blows on a living body.”

Efremova’s explanatory dictionary defines beatings as “1) Blows inflicted on someone. 2) Traces of such impacts.”

Kuznetsov’s explanatory dictionary defines beatings as “blows to the body that cause pain or injury.”

Definition of “beating”

Battery is a blow intentionally inflicted on any part of a person’s body, causing physical pain and/or superficial damage.

The “medical criteria for determining the severity of harm caused to human health” approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 24, 2008 N 194n states:

“superficial injuries, including: abrasion, bruise, soft tissue contusion, including bruising and hematoma, superficial wound and other injuries that do not entail short-term health problems or minor permanent loss of general ability to work, are regarded as injuries that do not cause harm to human health "

Slap, slap, pushing away - beating?

We believe that such actions as a slap in the face, slap in the face, pushing away, etc., if these actions were not committed with the application of significant physical force with the aim of causing physical pain and did not leave superficial injuries on the body, cannot be qualified as beatings or other violent actions.

Other violent actions under Article 116 of the Criminal Code of the Russian Federation

Other violent actions, within the meaning of Article 116 of the Criminal Code of the Russian Federation, traditionally include:

- wringing and twisting of hands;
- compression of body parts;
- pinching, pinching the skin;
- binding;
- biting, tearing out clumps of hair, etc.

For the purposes of qualification under Article 116 of the Criminal Code of the Russian Federation, these violent actions must cause physical pain .

The court must evaluate the above actions and, based on all the circumstances available in the case, make a conclusion about the proof or lack of proof of the infliction of physical pain from these actions and the presence of the intent of the perpetrator.

The difference between beatings and other violent acts

Beatings, within the meaning of Article 116 of the Criminal Code of the Russian Federation, are a special case of violent acts .

The legal position on this topic was expressed by the Supreme Court of the Russian Federation back in 2008 in a supervisory ruling dated June 24, 2008, where it stated the following:

Article 116 of the Criminal Code of the Russian Federation is called “Beatings” and provides for criminal liability for beatings or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of the Criminal Code of the Russian Federation. It follows from this that beatings are a special case of criminally punishable violent action.

Therefore, in accordance with the disposition of this law, the perpetrator bears criminal liability for committing any violent act, including one that is expressed in the application of a single blow, provided that the victim suffered physical pain without the onset of those specified in Art. 115 of the Criminal Code of the Russian Federation consequences, and if such a blow, as well as other violent actions, entailed those specified in Art. 115 of the Criminal Code of the Russian Federation consequences, criminal liability arises for the intentional infliction of minor harm to health.

Slight harm to health. Article 115 of the Criminal Code of the Russian Federation

According to paragraph 8 of the said Order, the medical criteria for qualifying signs in relation to minor harm to health are:

- temporary impairment of the functions of organs and (or) systems (temporary disability) lasting up to three weeks from the moment of injury (up to 21 days inclusive) (hereinafter referred to as short-term health disorder).

- minor persistent loss of general ability to work - persistent loss of general ability to work less than 10 percent.

Thus, any damage to the victim’s body (bruises, abrasions, wounds) that does not entail the above consequences will be qualified under Article 116 of the Criminal Code of the Russian Federation. If, for example, the victim spent more than 3 weeks recovering in a hospital hospital, then most likely his health was harmed. In any case, a forensic medical examination must be carried out to draw a conclusion about the degree of harm to health.

Comparison of punishments for beatings and minor bodily harm

As can be seen from the table below, the sanctions for acts provided for in the first parts of Articles 116 and 115 of the Criminal Code of the Russian Federation differ insignificantly:

Type of punishment (sanction): beatings, slight harm to health

fine up to 40,000 rubles up to 40,000 rubles

income of the convicted person for a period of up to 3 months. for a period of up to 3 months.

compulsory work up to 360 hours up to 480 hours

correctional labor for up to 6 months. up to 1 year

arrest up to 3 months up to 4 months

SAMPLES OF APPLICATIONS TO THE POLICE :
Statement of battery to the police.
Sample (the beating was inflicted by an acquaintance) Statement of crime to the police (the beating was inflicted for hooligan reasons by unknown persons)

SAMPLES OF CLAIMS :
Statement of claim for compensation for moral damage caused by a crime (beatings or harm to health)
Statement of claim for compensation for moral damage caused by a crime (beatings, harm to health). Request for compensation in equal shares to the two defendants - the tortfeasors

Light damage to health - punishment

Before talking about punishment, you need to understand what it means in general - mild harm to health . This is harm as a result of which a person received a short-term loss of ability to work, and no more than 21 days. Damage can be in the form of bruises, scratches and contusions. This may include a broken nose. The fact is that almost all fractures are classified as moderate injuries, since treatment takes more than 21 days. But plaster is not always applied to the nose and it heals within a week or two.

How to prove minor injury to health?

As a rule, our compatriots, when receiving any kind of beating, turn to doctors, either in an ambulance or on their own. The fact is that a doctor’s certificate about the patient’s health status is not evidence of beatings.

In any case, it is necessary to undergo a forensic medical examination. A referral can be obtained from the police when writing a statement about an incident or crime.

Note that if the victim is undergoing hospital treatment, then the medical examination is carried out after his recovery, and the medical history must be provided to the expert. The medical history will not be given to the victim, only to police officers upon an official request. If there are photographs, they are also confiscated by the police and provided to the expert.

The duration of the medical examination based on the medical history is about a month.

Light damage to health, what is the punishment for the perpetrator?

Liability for causing minor bodily injury is set out in Art. 115 of the Criminal Code of the Russian Federation.

“Intentional infliction of slight harm to health, causing short-term health disorder or minor permanent loss of ability to work, is punishable by a fine in the amount of up to 40 thousand rubles, or in the amount of the wages, or other income of the convicted person for a period of up to 3 months, or by compulsory labor for a term of up to 480 hours, or correctional labor for up to one year, or arrest for up to four months.”

Let us emphasize that this is intentional. Any other actions due to negligence are not subject to criminal liability.

If the inflicted light harm to health was caused by hooligan motives, motivated by hatred (religious, racial, ideological or similar), then:

“Punished by compulsory labor for a term of up to 360 hours, or correctional labor for a term of up to one year, or restriction of liberty for a term of up to 2 years, or forced labor for a term of up to 2 years, or arrest for a term of up to 6 months, or imprisonment for a term of up to 2 years."

The court decides how much the fate of the perpetrator will determine, taking into account witness testimony, evidence and all other circumstances.

Punishment for causing harm to health of mild severity under the article of the Criminal Code of the Russian Federation

Citizens often resolve problems and disputes using brute force and fists. A fight can lead to both minor harm to health and more serious consequences. The Criminal Code of the Russian Federation provides for liability for beating - the punishment will depend on the degree of harm caused and physical damage. It is important to understand that even for light beatings and minor bodily injuries, in some cases the perpetrator may face imprisonment.

Classification of minor injuries

The concept of “minor bodily injury” in Article 115 of the Criminal Code of the Russian Federation has recently been interpreted as “minor harm to health,” which does not significantly change the essence. If one person harms another, resulting in physical harm, minor injuries and temporary disability, they must be held accountable. Each case of violence is individual, and only authorized structures and judicial bodies have the right to establish punishment for a crime.

Under what article of the Criminal Code a citizen will be punished for causing bodily harm, the court will determine after conducting an investigation and determining the circumstances of the crime, as well as the nature of the consequences. The degree of harm to health as a result of the beating is determined by a forensic medical examination. It can be:

beatings - they do not cause damage to health, but appear in the form of abrasions, scratches, bruises, and are punishable by a fine, compulsory or correctional labor, arrest, imprisonment (Article 116 of the Criminal Code of the Russian Federation);
minor harm to health - occurs as a result of beating and leads to loss of ability to work for a period of no more than three weeks, may be punished by a fine, compulsory/corrective/forced labor, arrest;
physical harm of moderate severity - within the framework of the Criminal Code, severe penalties are provided for such actions, including imprisonment for up to 5 years;
intentional infliction of serious harm to health - for such a crime the maximum strict liability applies; the death of the victim can aggravate the situation.

The punishment for minor harm to health under Article 115 of the Criminal Code of the Russian Federation depends on whether the crime was committed with aggravating circumstances or without them. When the beating was organized by a group of people, this will be considered a qualifying sign, for which the punishment will be more severe.

The qualification of a crime is also influenced by the presence of intent. If a person intentionally inflicted beatings, caused minor injuries and pursued the goal of causing harm to the health of another citizen as a result of beating, the punishment will be harsher. Responsibility for a crime falling under Article 115 of the Criminal Code of the Russian Federation begins at the age of 16.

What is the punishment under Article 115 of the Criminal Code of the Russian Federation?

To be prosecuted for battery and minor bodily injury, you must be thoroughly prepared. The person will have to collect the evidence base independently. We should start with arguments that the crime had direct intent. As evidence, you can use an expert opinion on the presence of beatings, witness statements, video materials, etc. Based on Article 115 of the Criminal Code, the court may sentence the accused for minor bodily injuries in the form of:

a fine in the amount of up to 40 thousand rubles;
correctional labor for up to one year;
community service up to 480 hours;
arrest for up to 4 months.

If minor injuries are classified under the second part of Article 115 (with the use of weapons, for hooligan motives, motivated by hatred for various reasons), then the punishment will be more severe, up to imprisonment for up to two years. If the beating was committed by a teenager, and the crime was intentional and caused minor injuries to the victim, his parents will be held responsible for the actions of the minor.

In addition to demands to hold a citizen accountable for light beatings, the victim may insist on compensation for moral damage and material damage. The plaintiff sets the amount of payment independently, but it is important to be guided by the principles of objectivity and reasonableness. When preparing an application to the court, in order to avoid errors, inaccuracies, and unforeseen negative legal consequences, it is best to first obtain legal support and recommendations from an experienced lawyer.

Where to go in case of beating

When a beating occurs and intentional harm is caused to a person, it is necessary to act consistently and responsibly. You can punish an attacker for causing harm and light beatings if you contact the police immediately after committing the crime. Here you will need to write a statement indicating the cause, circumstances and consequences of the incident. After reviewing the submitted materials, the police will determine under what article the crime is classified and will open proceedings on the case, which will be transferred to the magistrate.

The law also allows you to submit an application directly to the court. It is important to correctly argue and substantiate the claim. It will need to be accompanied by a doctor’s or medical examination report. To get the most accurate examination result, you need to go to the hospital as quickly as possible to record the beatings. Here, experts will be able to determine what harm was caused as a result of the beating - mild or more severe.

Law enforcement agencies are not always willing to open proceedings when faced with a crime that resulted in minor injuries to a person. This is due to the fact that the parties to the conflict are usually relatives or friends, and the quarrel is exclusively of a domestic nature. If the police do not want to open a case under Articles 115, 116 of the Criminal Code of the Russian Federation, you need to defend your rights, you can threaten to file a complaint with a higher authority.

The concept of minor harm to health and punishment for causing it

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:

Short-term health disorder.
Minor loss of ability to work.
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.

Responsibility and punishment

Mild harm to health is legally punishable. Liability for an intentional act is determined by the Criminal Code of the Russian Federation. In accordance with Article 115 of the Criminal Code, the punishment may be as follows:

a fine of up to 40 thousand rubles or salary (other income is possible), but in an amount of no more than 3 months;
compulsory work – maximum 480 hours;
correctional labor – maximum 1 year;
arrest – maximum 4 months.

Separately, we should consider the situation when there were hooligan motives, political, ideological, national or racial hatred or enmity, motives of enmity or hatred towards a certain social group, weapons or objects used as weapons were used. In such cases, the offender may face the following punishment:

compulsory work – maximum 360 hours;
correctional labor - no more than a year;
forced labor – up to 2 years;
restriction of freedom – maximum 2 years;
arrest - up to six months;
imprisonment – maximum 2 years.

Responsibility can be determined and the appropriate punishment imposed only after the severity of the injuries has been established.

If a slight degree of harm to health is committed through negligence, then there will be no criminal or administrative liability.

Administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation under Article 12.24 is provided only for an accident with a violation of the rules by the perpetrator. The punishment may be as follows:

fine – not less than 2.5 and not more than 5 thousand rubles;
in case of an accident - deprivation of the right to drive a vehicle (any) for 1-1.5 years.

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:

To initiate a criminal case under Part 1 of Art. 115 – to the magistrate’s court.
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.