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

One of the most controversial categories of modern criminal law is the concept of "harm to health." This is mainly due to the fact that it is an interdisciplinary definition. They are operated by forensic medicine and a number of other related disciplines.

Classification

Judicial practice uses qualitative and quantitative characteristics of harm to health. In the latter case, we mean the degree of damage: medium, light and heavy. As for the qualitative characteristic, the legislation provides for such forms as:

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

Art. 111 of the Criminal Code: general information

The Criminal Code sets the following medical characteristics:

1. Drawing the knowingly for the guilty stable full loss of ability to work.
2. Harm to health, threatening life, determined by the method of infliction.
3. Applying a specific, legal effect.
4. Causing a significant sustained loss in the ability to work at least 1/3.

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

1. Bodily harm, consisting of violations of the anatomical integrity of tissues or human organs.
2. Other actions not accompanied by the above injuries, but causing diseases of a certain kind or creating conditions that threaten health or life.

Commentary to art. 111 of the Criminal Code

Severe damage is considered the most dangerous type of harm to health. Its signs are defined in the optional part of Art. 111, part 1 of the Criminal Code of the Russian Federation. Also, the criteria are specified in the above rules and order. The law establishes many alternative features that characterize grave harm. When establishing at least one of them, the act can be qualified art. 111 of the Criminal Code. In practice, it is common to distinguish between two types of serious damage to health:

1. Life threatening at the time of application.
2. It does not form a danger, but belongs to the category under consideration due to the consequences.

Danger at the time of infliction

Such harm to health is considered bodily injury or other action (for example, injection), which directly in its commission forms in itself a threat to life or provokes a violation of vital functions. This damage can not be compensated by the body on its own and, as a rule, causes the death of the victim. In this case, in the optional part of Art. 111 Part 1 of the Criminal Code states that the result of harm (death of a person or non-occurrence of death) on the qualification of the act is not affected. Actions that form a danger at the time of their commission include:

• Wounds of a skull penetrating type.
• Dislocations of the cervical vertebrae.
• Fractures of the base and arches of the skull.
• Damage to large vessels.
• States of shock of the third or fourth degree.
• Massive acute blood loss and others.

In all, 30 injuries and ten life-threatening conditions have been identified.

Harm with dangerous consequences

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 a serious harm caused to health if it arises from the use of violence or other actions against the woman's will, and if a causal relationship with external influence is established, if it is not conditioned by the individual characteristics or diseases of the victim. But in the case when external causes caused the necessity to interrupt pregnancy through medical intervention, these manipulations and the consequences following them are qualified under Art. 111 of the Criminal Code.
3. Loss of hearing.
4. Mental disorder. It can be incurable or curable, chronic or temporary, and also be expressed in the form of dementia associated with a moral or physical trauma.
5. Loss of speech.
6. Disease of substance abuse / drug addiction.
7. Loss of any organ or loss of its function. It means the complete separation from the body, the irreversible deprivation of the element of the organism of activity and so on.
8. Deformity of an indelible person. It is understood as such damage, which can not disappear or become less pronounced on its own or under the influence of neurosurgical agents; Gives the appearance of the victim an ugly, repulsive appearance that does not agree with the generally accepted notions of a person's face. The fact that the injury is indelible is established by a forensic medical examiner.
9. Strong significant loss of general working capacity (no less than 1/3). This consequence is determined by two criteria. In the case of a determined outcome of the damage, the percentage of loss of general working capacity (not less than 30%) is taken as the basis. For undetermined - the time indicator, which indicates that the duration of the disorder is more than 120 days.
10. Complete loss of ability to carry out professional activities. It is a clearly expressed violation of functions in the body with absolute contraindications for the performance of any work, even in specially created conditions. As a general rule, the type of activity that the victim performed at the time of causing harm to him and considered to be the main one for him is recognized as a profession.

A responsibility

In Art. 111, part 1 of the Criminal Code punishable for causing serious harm to health, dangerous for human life or entailed:

1. Loss of hearing, speech, sight.
2. Abortion.
3. Loss of body or loss of functions.
4. Disease of substance abuse / drug addiction.
5. Mental disorder.
6. Incompatible facial disfigurement.
7. Persistent loss of ability to perform professional duties at least 1/3 or more.

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

Aggravating circumstances

They are provided for by the second, third and fourth parts of art. 111 of the Criminal Code. Punishment in these cases is more strict. The second part establishes liability for causing grave damage in respect of:

1. A person or his relatives in connection with the performance by that person of a public duty or official activity.
2. A minor or other citizen who is in a known condition for the guilty helpless state, and also with particular cruelty, torment or bullying of the victim.

For the crimes cited in Art. 111, part 2 of the Criminal Code of the Russian Federation, punishment - imprisonment up to 10 years with its restriction to two years or without it. In this part there are other aggravating circumstances. In particular, in Art. 111, part 2 of the Criminal Code establishes the corresponding liability for causing serious harm to health:

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

For these acts art. 111, part 2 of the Criminal Code provides for up to 10 years of imprisonment with restriction of freedom 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 provides that the above crimes can be committed by an organized group, association of persons, including by prior agreement or with respect to two or more citizens. In these cases, they are guilty for imprisonment for up to 12 years with a restriction of freedom not more than two years or without it.

Death of the victim

Such a crime is established in Art. 111, part 4 of the Criminal Code. Punishment in this case will be more severe. In this case, the legislator mentions in the norm such a notion as "negligence". That is, there is a lack of intent to cause death. 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 resulted in the death of the victim through negligence, is established in the form of imprisonment up to 15 years with restriction of freedom for no more than 2 years or without it.

Notes

The objective part of the composition provided for in Art. 111 of the Criminal Code of the Russian Federation, is expressed by behavior in the form of inaction or action, consequences in the form of serious damage to health, as well as causal connection. Directly the act itself can be a mechanical, toxic, physical impact on the victim's body or information influence on his psyche. Also, the behavior is expressed by the inaction of a person who could and should have taken an active action to prevent harm in grave form. As mandatory signs of the composition are wrongfulness and social danger. This, in turn, gives grounds not to consider as a crime the infliction of serious damage to health in conditions caused by a reasonable risk or extreme necessity during surgical interventions.

An Important Moment

Ways 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 in the individualization of punishment. If the damage to health of different degrees is inflicted during the beating or other violent actions, the most serious consequences are taken into account. If two or more injuries that show signs of serious harm were caused to the victim for a short period, one motive and intent, the deed is regarded as one ongoing crime and does not form a combination of compounds.

The subjective part

It is characterized by the presence of willful guilt. In this case, intent may be indirect or direct. In other words, the guilty person realizes that his behavior is dangerous for another subject, suggests the possibility or the inevitability of the onset of serious harm. With direct intentions, he either consciously admits its application, and with indirect intentions, refers to this fact with indifference. In the latter case, there is an uncertainty of intentional guilt. In such cases, the act is qualified according to the actual consequences that have occurred.

Goals and motives

They can be very different. For example, the perpetrator is able to inflict grave harm out of revenge, jealousy, feelings of hostility towards the victim, envy. Some goals and motives serve as a basis for classifying an act as a qualified type, which significantly affects the sentence under art. 111 of the Criminal Code. Responsibility for the article in question comes from 14 years.

The practice of applying the fourth part

Acts under Art. 111, part 4 of the Criminal Code are considered the most dangerous among crimes of a violent nature. In this part there is a rather complex for understanding composition, assuming two forms of guilt:

1. Intent in causing grave harm.
2. Carelessness regarding the onset of death.

In the earlier Criminal Codes, the increased liability for intentional bodily harm, followed by a fatal outcome, was not connected in any way with any form of guilt regarding the death of the victim. But judicial practice increasingly tended to the need to establish in such cases not only the intent of the offender, but also negligence. Causing death when injurious to health is considered as a "supplement" to the formulations provided for in the first to third parts of the article can not. The death of the victim significantly increases the severity of the offense, bringing him closer in form to murder. Probably, 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 an underestimation of the danger of this act.

Structure of the composition

In Art. 111, part 4 of the Criminal Code of the Russian Federation, two crimes with material elements are combined to some extent. The first consequence is the infliction of grave damage to health of a deliberate nature, and the second is the causing of death by negligence. Together with this, this act acts as one crime. The presence of two different consequences allows us to consider it as a two-object one. Elements of infringement, thus, are the health and life of the victim. In this connection, the question arises: why does this composition belong to the category of crimes against health, and not life? The assignment to the first group of deeds is consistent with the principle of systemativeness. In addition, according to 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 he is on the composition of the act in question refers to causing grave damage specifically to health.

The differentiation of crimes

The infliction of serious damage to health, which caused the death of the victim, is delineated from murder and causing death with careless behavior. Difficulties mainly arise in the first case. The delineation of the crime in question from murder can not be carried out against the object due to the presence of two elements of encroachment. Differentiate on the objective side of the act is also not possible. The fact is that the same inaction or action can be committed and murder and cause grave harm with the subsequent death of the victim. To differentiate the compositions, the time interval between the damage and the onset of death will not matter. There is a misconception that the existence of a significant time gap between injury and death requires qualification for the fourth part of the article in question and excludes the recognition of the act as murder. However, this opinion has no basis. Judicial practice shows that if the intentional causing of death is committed, the deed will be qualified as a murder even if the victim died after the injury. Thus, only the subjective side of the deed acts as the main criterion. In accordance with criminal law, the intent of the murder is aimed at the death of the victim, and in the sense of Art. 111 of the Criminal Code, he is focused on causing his health serious harm. Nevertheless, it is possible to determine the direction and content of the aspirations of the guilty subject when conducting a thorough analysis of his behavior and all the circumstances and conditions under which the crime was committed, that is, assessing the signs of the objective part of the composition.