Unintentional causing of serious harm to health through negligence: article of the Criminal Code of the Russian Federation

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

Danger and health hazard

Human life has always been considered the main value, and causing serious harm to health through negligence is one of the most frequent and common crimes. The cause of the acts that have a detrimental effect on the state of the body, can serve as various factors: both simple hooliganism and domestic quarrel, as well as a thoughtful and carefully planned crime. Most often such acts can be committed in a state of alcoholic or narcotic intoxication when a person, being in an inadequate state, can not fully control his behavior, and it is difficult for him to restrain aggression towards those around him.

Serious injuries

To the heavy category when inflicting harm to health, one can include actions to cause mutilation, which can result in a fatal outcome. This, for example, penetrating injuries, trauma in the area of the skull or spine. This includes damage to the arteries or veins, second-degree burns, careless actions that cause pathological conditions: to whom, pain shock, frostbite, large blood loss, or purulent-septic infection.

The health threat can be different

Causing serious harm to health through negligence can be inflicted without a threat to life, but with an irreversible deterioration in its quality. This is a complete or partial loss of sight or hearing, irreparable disfigurement of the victim's face, worsening of work or complete loss of one of the organs. Also, the category of "serious" harm to health "includes psychotic and neurotic disorders, a tendency to addiction and addiction, a violent termination of pregnancy, that is all that leads to partial or complete loss of efficiency.

Is it dangerous to protect yourself and loved ones?

Unintentional causing of serious harm to health through negligence can be inflicted during self-defense, when a person is in a critical situation, feeling a threat to himself, his family or his property. At such times, the situation is not always correctly assessed, and it is not always possible to calculate your own strength at this time. Thus, when confronting, it is possible not to take into account the force applied, so the attacker can get serious bodily harm. Such actions are considered to be excess of permitted self-defense and entail punishment according to the legislation. It happens in the form of a fine, compulsory or correctional labor or arrest and restraint of liberty.

Working moments

There are cases when a person is seriously injured by negligence in the process of improper performance of his professional duties. Such actions also fall under this article and may be punished with fine or correctional labor. Depending on the circumstances of the case, the accused can receive a suspended sentence with the prohibition of this activity for a certain period. Such cases are considered by the court, and a sentence is passed, which the injured party must satisfy.

Emergency situations

Also, the traffic accident on the road can be regarded as causing serious harm to health through negligence. Accident is an offense punishable by a fine or compulsory labor prior to forced labor and arrest. Naturally, such a situation as an accident on the road can not be a planned or deliberate act, but in this case the rules for the operation of the vehicle or the traffic rules were violated. All this entails consequences leading to accidental injury to the victim.

Law on the guard of health

Penalties for the above acts are provided for by law, for this purpose there is an article in the criminal code "Causing serious harm to health through negligence". According to her, the sentence is pronounced, and the punishment for the crime is punished. To confirm the damage to health, it is necessary to confirm the forensic medical examination, which gives an opinion 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

Under the article "Causing serious harm to human health through negligence" representatives of practically all professions may fall for certain actions or inaction. It can be engineers and doctors, trainers and drivers. Criminal responsibility for the crime committed occurs when a person reaches sixteen years of age. The court must carefully consider all the circumstances presented in the case in order to properly qualify the act and then pass judgment.

No one expects danger

Any person, without waiting for him, can become guilty of such a crime as causing serious harm to health through negligence. Examples of such episodes are numerous. One of the cases can be considered the clarification of the relationship, when the accused, after striking the injured hand, did not calculate his strength, after which the man, not keeping his balance, fell down the stairs. Having received a blow to the stage with 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 to a health disorder. Damage to the head refers to serious injuries, which can cause great damage to health, therefore qualify as causing serious injury to health through negligence. Therefore, the court will consider the penalty for the accused. They will take into account not only the reasons that led to criminal actions, but, of course, the consequences that came as a result of the attack.

Through the fault of the victim

Confirmation in the case will be the conclusion of forensic studies, which after careful examination and examination will provide an accurate confirmation of all injuries on the victim's body. Another example is the case of a pedestrian crossing the wrong place. He was hit by a passing car. After the delivery of the person to the ambulance, he was diagnosed with serious injuries and fractures that arose from a collision with a car.

If not for the timely assistance, the life of the victim could be threatened, as a rupture of the blood vessel was formed. Time spent blood transfusion and skillful actions of physicians could save the life of a man. Despite the fact that his guilt is obvious (after all, a person has passed the road in the wrong place), the driver of the car that brought down the offender will be responsible for the serious harm caused to his health.