1. Intentional infliction of grievous bodily harm, dangerous to a person's life, or resulting in loss of sight, speech, hearing or any organ or loss of its functions by the organ, termination of pregnancy, mental disorder, drug addiction or substance abuse, or expressed in indelible disfigurement a person or who caused a significant permanent loss general working capacity by at least one third or, knowingly for the guilty person, complete loss of professional ability to work, -

the applicable sentence is deprivation of liberty for a term not exceeding eight years.

2. The same acts committed:

a) in relation to a person or his relatives in connection with the performance by this person of official activities or the fulfillment of a public duty;

b) in relation to a minor or other person, knowingly for the guilty person who is in a helpless state, as well as with special cruelty, mockery or torment for the victim;

c) in a generally dangerous way;

d) for hire;

e) from hooligan motives;

f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group;

g) for the purpose of using the organs or tissues of the victim;

h) with the use of weapons or objects used as weapons -

shall be punishable by deprivation of liberty for a term of up to ten years, with or without restraint of liberty for a term of up to two years.

3. The acts provided for in the first or second parts of this article, if they are committed:

a) by a group of persons, by a group of persons in a preliminary conspiracy, or by an organized group;

b) in relation to two or more persons -

c) invalidated

shall be punishable by deprivation of liberty for a term of up to twelve years, with or without restraint of liberty for a term of up to two years.

4. The acts provided for in the first, second or third parts of this Article, and entailing, by negligence, the death of the victim, -

shall be punishable by deprivation of liberty for a term of up to fifteen years, with or without restraint of liberty for a term of up to two years.

Commentary on Art. 111 of the Criminal Code of the Russian Federation

1. Among crimes against the person, attacks on human health, in their meaning, are adjacent to crimes against life and are united with them in one chapter. 16 of the Criminal Code. The object of the crimes under Art. Art. 111 - is health as the actual state of the human body at the time of the crime.

The criminal law protects the health of every person from criminal encroachments, regardless of his age, vitality, or disease state. The child's health can be infringed upon during childbirth.

2. A crime against health can be defined as unlawful, intentional or negligent harm to the health of another person. Lawful infliction of harm to the health of the victim (if necessary defense, extreme necessity, etc.) cannot be considered a crime against health.

3. The object of the crime is the health of another person. Causing harm to one's own health is considered a crime only when it is a way of encroaching on another object. For example, self-harm for the purpose of evading duty military service is a crime against military service (). During the period of the complete prohibition of abortion, there was criminal responsibility for a woman who independently performed an abortion (Article 140.b of the RSFSR Criminal Code of 1926, abolished on September 2, 1954).

The consent of the victim to harm his health, as a rule, does not exempt the perpetrator from liability, with the exception of legal abortion and the removal of organs or tissues for transplantation, which is especially regulated by law. The harm to health by one participant in a sports competition to another cannot be considered as illegal if the competition was knowingly associated with mutual risk and the mandatory rules established for this sport were not violated. However, injury to an opponent as a result of violation of the established rules of the competition is illegal and, if guilty, entails criminal liability on a general basis.
———————————
See: Law of the Russian Federation of December 22, 1992 N 4180-1 "On transplantation of human organs and (or) tissues" (as amended on November 29, 2007) // Vedomosti RF. 1993. N 2. Art. 62; 2000. N 26. Art. 2738; 2006. N 43. Art. 4412; 2007. N 7. Art. 836; No. 49. Art. 6040.

4. Harm caused to human health means a violation of the anatomical integrity of his organs and tissues or their physiological functions as a result of the impact of various environmental factors: physical, chemical, biological, psychogenic.

5. Criminal liability is differentiated primarily depending on the severity of the harm caused to health. The Criminal Code provides for four categories of harm to health in terms of severity: 1) grievous harm health (its signs are given in the commented article); 2); 3); 4) beatings or other violent actions that caused physical pain, but did not entail the consequences specified in Art. 115 CC (). Determining the severity of harm to health, the Criminal Code is guided by the following criteria:

1) danger to life; on this basis, serious harm to health differs from other types of harm;

2) the onset of specific consequences, directly named in the text of the norm; this criterion is used only in the commented article 111 of the Criminal Code of Russia;

3) the size and nature of persistent disability: a) significant persistent loss of general disability by at least 1/3 (Article 111 of the Criminal Code); b) knowingly for the guilty person the complete loss of professional working capacity (Article 111 of the Criminal Code); c) significant permanent loss of general working capacity by less than 1/3 (Article 112 of the Criminal Code); d) insignificant persistent loss of general working capacity (Art. 115 of the Criminal Code);

4) the duration of the temporary health disorder: a); b) short-term health disorder ().

6. To establish the severity of harm to health caused by a specific crime, special knowledge is required, therefore, a forensic medical examination is appointed. In their conclusions, experts are guided by the data of medical science, own experience, as well as departmental rules and instructions developed on the basis of generalization of expert practice.

Decree of the Government of the Russian Federation of August 17, 2007 N 522 approved the Rules for determining the severity of harm caused to human health (as amended on November 17, 2011). The same Resolution ordered the Ministry of Health and Social Development of Russia to approve medical criteria for determining the severity of harm caused to human health; give the necessary explanations for the application of these Rules. In pursuance of the Decree of the Government of the Russian Federation, the Ministry of Health and Social Development of Russia has developed Medical criteria for determining the severity of harm caused to human health, approved by Order of the Ministry of 04.24.2008 N 194n (as revised on 01.18.1012).
———————————
RG. 2007. No. 185; SZ RF. 2011. N 14. Art. 1931; No. 47. Art. 6664.

RG. 2008. No. 188; 2012. N 58.

As stated in the document itself, these criteria are “a medical characteristic of qualifying signs that are used to determine the severity of harm caused to human health during production forensic examination"(P. 2).

A forensic medical examination in cases of this category is mandatory. The court compares the expert's conclusions with the criteria for the severity of harm to health in the articles of the Criminal Code. In cases of discrepancy with the text of the criminal law, the court may disagree with the examination. The medical criteria are addressed directly to the expert. However, familiarization with them is also useful for the law enforcement officer, since it gives an idea of ​​the content and volume of criminal-legal signs of harm to health, which is important for their interpretation.
———————————
They are called “qualifying” in the Medical Criteria, which does not meet criminal law concept qualifying signs (aggravating circumstances).

7. The objective side of a crime related to the general types of harm to health is any action or inaction that meets the criteria established in Art. Art. 111 - 118 of the Criminal Code, and entailed the consequences indicated there. Any method of action is possible, except for those cases when it has a qualifying meaning (parts 2 and 3 of the commented article, part 2 of article 112 of the Criminal Code), or characterizes the privileged corpus delicti (articles 113 - 114) or is an . As well as general views crimes against health of the Criminal Code establishes and special types in st. Art. 119 - 125 CC.

8. The subjective side of the crimes under Art. Art. 111 - 117 of the Criminal Code, characterized by direct or indirect intent. Responsibility for the careless infliction of grievous bodily harm is incurred. For intentional harm to health, the most typical non-specific intent is when the perpetrator foresees and wishes or deliberately allows harm to the health of another person, but does not specifically represent the amount of this harm and is often deprived of the opportunity to specify the severity of the harm to health. The qualification of the deed with non-specific intent is determined depending on the actual consequences that have occurred, since the intention of the perpetrator covered the infliction of any harm to health. With a direct, concrete intention, responsibility should come for the harm to health that was covered by the intention of the perpetrator. If, in this case, less serious harm was actually caused or no harm to health was caused at all, then the perpetrator is responsible for the attempt to inflict the harm to health that he wished to cause. The goals and motives of intentionally causing harm to health are important for the qualification of the offense, when the law associates them with increased responsibility (part 2 of the commented article, part 2 of article 112 of the Criminal Code).

9. The subject of harm to health is a sane natural person who has reached 14 years of age in some cases (Articles 111, 112 of the Criminal Code), in others - 16 years (Article -).

10. Among the signs of serious harm to health in Art. 111 of the Criminal Code the most important is to create a danger to life. In the presence of this sign, the harm to health is recognized as serious, regardless of what consequences it entailed. In accordance with the Medical Criteria, life-threatening harm is recognized as harm that, by its nature, directly poses a threat to life, as well as harm to health that caused the development of a life-threatening condition. Prevention of fatalities resulting from the provision of medical care does not change the assessment of health hazard as life-threatening.

Damages that, by their nature, directly pose a threat to the life of the victim and can lead to his death, include, for example, penetrating wounds to the skull, including those without damage to the brain; open and closed fractures of the bones of the vault and base of the skull, severe and moderate brain contusion; penetrating wounds of the spine, including those without damage to the spinal cord; chest wounds penetrating into the chest cavity; abdominal wounds penetrating the peritoneal cavity; breaks of some internal organs; open fractures of long bones; damage to large blood vessels; some thermal burns, depending on their degree and area of ​​damage, and many others.

The second group of life-threatening injuries includes injuries that have entailed a life-threatening condition such as shock, coma, acute cardiac, respiratory or renal failure, acute poisoning, mechanical asphyxia, etc. Diseases or pathological conditions are also considered life-threatening. arising as a result of the influence of various external factors and naturally complicating a life-threatening condition or themselves posing a threat to human life.

Not all of the life-threatening injuries listed in the Medical Criteria are equally common in jurisprudence... For deliberate harm to health, as evidenced by judicial practice, the most characteristic are penetrating wounds of the skull, chest, abdominal cavity, damage to large blood vessels, severe burns, profuse bleeding and some others.

The favorable outcome of such and similar injuries due to the provision of medical care does not affect their assessment as life-threatening. Similarly, the issue is resolved when life-threatening injuries resulted in only a temporary health disorder (short-term or long-term) or a slight persistent disability.

11. Regardless of the danger to life, a sign of serious harm to health is the occurrence of at least one of the specific consequences listed in the commented article 111 of the Criminal Code.

Loss of vision is considered complete permanent blindness in both eyes or a condition when there is a decrease in vision to 0.04 and below. Complete loss of vision in one eye is also a serious injury.

Loss of speech as a sign of serious harm to health means the loss of the ability to express one's thoughts in articulate sounds that are understandable to others.

Hearing loss is expressed in complete deafness or such an irreversible condition when a person does not hear colloquial speech at a distance of 3-5 cm from the auricle.

Loss of an organ or loss of function (in addition to the aforementioned loss of hearing, vision, or speech) can be an anatomical loss of an arm or leg, either completely or in the form of amputation at least of the elbow or knee joint. The loss of function of an arm or leg may be paralysis or another condition that precludes their activity. Loss of productive capacity is also recognized as serious harm to health, which consists in the loss of the ability to copulate or in the loss of the ability to fertilize, conceive, carry and bear children.

Termination of pregnancy, regardless of its duration, is considered here as a consequence of deliberate actions aimed at causing serious harm to health (beatings, wounds, other injuries, the use of toxic substances, etc.). This is the difference between this crime and when the intention of the perpetrator is not aimed at causing grievous bodily harm. To qualify what was done on the commented article, it is necessary to establish a direct causation between the injuries caused and the termination of pregnancy, since this consequence may be associated with the individual characteristics of the victim's body. Therefore, a forensic medical examination in these cases is carried out with the participation of an obstetrician-gynecologist.

Mental disorder - this term covers both "chronic mental disorder" and "" (Art. 21 of the Criminal Code of the Russian Federation). This wording does not exclude the possibility of recognizing the harm caused to health as serious in the case of a temporary mental disorder. The diagnosis of a mental disorder and its causal relationship with the trauma received is established by a forensic psychiatric examination. Assessment of the severity of harm caused to health is carried out with the participation of a forensic expert.

Disease of drug addiction or substance abuse - this sign of causing grievous bodily harm was first provided for in the law. An examination is required to establish it.

12. Permanent disfigurement may be the result of different actions the culprit: infliction of injury with stabbing or cutting tools, exposure to open fire, hot objects, boiling water, acid and other corrosive liquids. It can be expressed in the removal or distortion of the shape of the nose, lips, in the formation of deep scars and scars, etc. Disfigurement is not any damage that has left a mark on the face, but only such a change in the natural appearance of the face, which gives the victim's appearance an extremely unpleasant, repulsive or frightening look. The damage itself does not have to be on the face (facial surface of the head). It is important that it distorts the external appearance of a person ("image" is the root of the word "disfigurement"). In practice, it was recognized as disfigurement to cut off the ears, the presence of rough scars on the anterolateral surface of the neck, irreversible destruction of the hair on the head of a woman, etc.
———————————
In legal practice, the terms "disfigurement" and "disfigurement" are used as equivalent. They could be considered synonymous. However, in the phrase “actions that entailed” it is more correct to use the first term, since the second comes from the imperfect verb “disfigure” and characterizes the action itself, and not its consequence. In the Criminal Codes of the RSFSR from 1922 to 1960. and in the 1996 Criminal Code of the initial version (before June 27, 1998) it was said about "disfigurement".

The question of the indelibility of damage is decided by the court on the basis of the conclusion of the forensic medical examination, and the presence of disfigurement is determined by the court independently, guided by an aesthetic criterion. In clause 13 of the Rules for determining the severity of harm caused to human health, it is said: “The severity of harm caused to a person's health, expressed in the indelible disfigurement of his face, is determined by the court. The production of a forensic medical examination is limited only to the establishment of the indelibility of the specified damage. "
———————————
RG. 2007. N 185.

The application of the aesthetic criterion introduces a significant evaluative element in the qualification of the harm caused to health. The assessment of the sign of disfigurement is carried out by the court individually in relation to a specific victim. The court must see him. It is impossible to draw a conclusion about the presence or absence of this feature in absentia. The court must keep in mind and subjective attitude victim to violent distortion of his appearance, the possibility moral harm.

Making a conclusion about the presence of this evaluative characteristic on the basis of expert opinion about the indelibility of the damage, the court does not take into account the alleged possibility of its subsequent elimination or significant reduction through additional surgery. Such an operation is called cosmetic or plastic, because it is performed for cosmetic purposes using plastic surgery methods. Even the successful outcome of such an operation should not mitigate the assessment of the severity of the harm caused to health, since it cannot be carried out without the desire of the victim and is associated with new suffering for him.

The law (Art. 111 of the Criminal Code) equated the indelible disfigurement of a person with grievous harm, regardless of the danger to life, the duration of the illness or the amount of disability.

13. An independent sign serious harm to health is a significant permanent loss of ability to work by at least 1/3 or, knowingly for the culprit, complete loss of professional ability to work. The legislation distinguishes between general and professional work ability. Previously, when determining the degree of disability, only the loss of general disability was taken into account. Indeed, the percentage of total disability most fully reflects the amount of harm caused to the object of the crime - human health. However, practice sometimes encountered situations when the perpetrator deliberately inflicted damage on the victim, which knowingly completely deprived him of his professional ability to work, although the general ability to work was preserved or lost insignificantly (for example, damage to the fingers on the violinist's hand). New edition norms allow to take into account increased danger such a crime due to the presence of an additional object of encroachment (along with health - professional activity).

The amount of persistent (irrevocable) disability is established by a forensic medical examination after the outcome of the injury has been determined on the basis of objective data, taking into account the special Table of percent of disability (rounded to 5%), approved by Order of the Ministry of Health and Social Development of Russia dated April 24, 2008 N 194n. If the size of permanent loss of general working capacity is less than 1/3, i.e. not higher than 30%, then the deed is classified according to the characteristics of Art. Art. 112 or 115 CC. A significant permanent loss of general working capacity by at least 1/3 is considered to be over 30% loss of working capacity.

14. The commented article provides 11 qualifying signs. They are basically identical to the murder qualifier (). However, if the law considers all the qualifying signs of murder as equivalent, then in the commented article they, depending on their aggravating significance, are divided into three categories (parts 2-4 of the commented article).

15. Those qualifying signs that literally coincide with similar qualifying signs of murder do not require special explanations (see the commentary to Article 105). These include signs that characterize the deliberate infliction of grievous bodily harm: in relation to a person or his relatives in connection with the performance of this person's official activities or the fulfillment of a public duty; in a generally dangerous way; from hooligan motives; in order to use the organs or tissues of the victim; by a group of persons, by a group of persons by prior agreement, by an organized group; in relation to two or more persons; for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group.

16. In the characterization of other qualifying signs, there are some differences from the qualifying signs of murder. Clause "b" part 2 of the commented article 111 of the Criminal Code of the Russian Federation provides for liability for deliberate infliction of grievous bodily harm, committed with particular cruelty, mockery or torment for the victim or against a person known to the perpetrator who is in a helpless state. This wording corresponds to the sign of special cruelty (clause "d", part 2 of article 105 of the Criminal Code), however, some clarifying signs have been added to it regarding specific manifestations of special cruelty. The reference to torture as a method of crime means actions that cause suffering through prolonged deprivation of food, drink, heat, or placing or leaving the victim in unhealthy conditions, and other similar actions. Bullying should be understood as such a method of causing grievous harm to health, which is accompanied by actions that humiliate the victim's human dignity. The concept of a person, knowingly for the guilty person who is in a helpless state, is revealed in the commentary. to Art. 105 of the Criminal Code. However, in the commented article, this feature is more successfully combined with a feature of special cruelty, rather than kidnapping.

17. The commission of the crime under consideration for hire (paragraph "g" of Part 2 of the commented article), on the contrary, is singled out as an independent qualifying feature, in contrast to Art. 105 of the Criminal Code, where this feature is combined with selfish motives. For the imputation of this aggravating circumstance, it is sufficient to establish the very fact of causing grievous bodily harm for hire, regardless of the motives of the performer's action.

18. Most dangerous species the crimes in question are the acts provided for in h. 1, 2 or 3 of the commented article, which inadvertently entailed the death of the victim (h. 4 of this article). From a similar feature, Part 2 of Art. 108 of the Criminal Code of the RSFSR, the new formulation of the norm compares favorably with the indication of a careless form of guilt in relation to the death of the victim. The absence of such an indication has previously caused controversy and led to errors in qualifications. This kind causing grievous bodily harm is a complex crime with two forms of guilt: intent (direct or indirect, as well as unspecified) in relation to causing grievous bodily harm and negligence (frivolity or negligence) in relation to the death that has occurred.

19. A significant number of errors in judicial practice are associated with the delimitation of this crime from murder. This distinction cannot be drawn either by the object or by the objective side. In particular, the opinion that the presence of a significant time interval between the infliction of injury and the onset of death excludes the qualification of the deed as murder is groundless.

The delimitation of these corpus delicti can be carried out only on the subjective side. However, in order to establish whether the content of the guilty's intent included the infliction of death on the victim, it is necessary to proceed not only from his explanations, but also from their comparison with objective characterization acts and the whole atmosphere of the commission of the crime.

20. The Plenum of the RF Armed Forces, in Resolution No. 1 of January 27, 1999, indicated to the courts that when deciding on the direction of the guilty's intent, they should “proceed from the totality of all the circumstances of the crime and take into account, in particular, the method and instrument of the crime, the number, nature and location bodily harm (for example, injury to life important organs person), as well as the preceding and subsequent behavior of the perpetrator and the victim, their relationship. " All the circumstances of the case must be assessed in the aggregate. Part 4 of the commented article should be preferred when a weapon is used that usually cannot be killed, or a blow of small force is deliberately delivered, or the blow is deliberately directed to such a part of the body that does not seem vital. Evaluation of the mode of action consists of comparing the instrument of crime with the localization of damage. For example, an aimed shot from firearms in the leg does not indicate intent to kill, and blows with a stick (a much less dangerous weapon) on the head may indicate such intent.

21. The nature of the bodily harm inflicted in itself may serve as a sufficient basis for a conclusion about the direction of intent. If the perpetrator realizes the danger to the victim's life from the injuries caused, then this indicates that he foresees the possibility of death. “Consciousness of danger to life” and “foreseeing the possibility of death” are different verbal expressions of the same mental attitude of the culprit to his deed. Among the subgroup of injuries related to the infliction of serious harm to health on the basis of danger to life, there are relatively often those whose danger to human life is quite obvious. These are various kinds of penetrating wounds to the skull, chest, abdomen and some other injuries that are usually encountered in court practice. The deliberate infliction of this kind of injury indicates the presence of an intellectual element of intent to inflict death, i.e. the culprit foresees the possibility of death. And even if it is not established that he wished the victim's death, one should not forget that with the deliberate admission of a fatal result, the deed is a murder with indirect intent, and not a crime under Part 4 of the commented Article 111 of the Criminal Code of the Russian Federation. Providing assistance to the victim after the commission of the crime does not nullify intent to kill at the time of the injury. Conversely, failure to provide assistance to a victim does not in itself indicate intent to commit murder.
———————————
BVS RF. 2009. N 9.S. 26.

22. Intentional infliction of grievous bodily harm, resulting in the death of the victim through negligence, should be distinguished from. In both cases, the attitude of the culprit towards death is expressed in negligence (in the form of frivolity or negligence). The difference is that for the imputation of Part 4 of the article being commented, it is necessary to establish not only negligence in relation to the death of the victim, but also direct or indirect intent to inflict grievous bodily harm or an unspecified intent to harm health, if this harm turned out to be grievous and death followed from him.

Such a concept as "harm to health" is considered. This is mainly due to the fact that it is an interdisciplinary definition. It operates in forensic medicine and a number of other related disciplines.

Classification

In judicial practice, the qualitative and quantitative characteristics of harm to health are used. In the latter case, the degree of damage is meant: medium, light and severe. As for the qualitative characteristics, the legislation provides for such forms as:

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

Art. 111 of the Criminal Code of the Russian Federation: general information

The Criminal Code establishes the following medical characteristics:

1. The infliction of a permanent complete loss of the ability to work, known to the guilty person.
2. Life-threatening harm to health, determined by the method of causing.
3. Application of a specific, statutory consequences.
4. Causing significant persistent loss of ability to work at least 1/3.

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

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

Commentary on Art. 111 of the Criminal Code of the Russian Federation

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

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

Danger at the moment of infliction

Such harm to health is considered to be bodily injury or other action (for example, an injection), which immediately upon its commission forms a threat to life in itself or provokes a violation of vital functions. This damage cannot be compensated by the body on its own and, as a rule, causes the death of the victim. Moreover, in the dispositive part of Art. 111 h. 1 of the Criminal Code of the Russian Federation states that the result of harm (death of a person or non-occurrence of death) does not affect the qualification of the act. The actions that form a danger at the time of their commission include:

• Penetrating type wounds to the skull.
• Dislocations of the cervical vertebrae.
• Fractures of the base and vaults of the skull.
• Damage to large vessels.
• States of shock of the 3rd or 4th degree.
• Massive acute blood loss and others.

A total of 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, there have arisen:

1. Loss of vision.
2. Abortion. This circumstance is recognized as serious harm to health if it arose as a result of the use of violent or other actions against a woman against her will, as well as if a causal relationship with an external influence is established, if it is not due to the individual characteristics or diseases of the victim. But in the case when external reasons have caused the need to terminate the pregnancy by medical intervention, these manipulations and the consequences that followed them are qualified under Art. 111 of the Criminal Code of the Russian Federation.
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 moral or physical trauma.
5. Loss of speech.
6. Loss of any organ or loss of its function. This means its complete separation from the body, the irreversible deprivation of an element of the organism of activity, and so on.
7. Disfigurement of the face of an indelible character. It is understood as such damage that cannot disappear or become less pronounced on its own or under the influence of neurosurgical agents; gives the victim an ugly, repulsive appearance, which is not consistent with generally accepted ideas about a person's face. The fact that the injury is indelible is established by a forensic medical examiner.
8. Persistent significant loss of general working capacity (not less than 1/3). This consequence is determined by two criteria. In the case of a definite outcome of damage, the percentage of total disability (at least 30%) is taken as the basis. When undecided - a time indicator that indicates that the duration of the disorder is more than 120 days.
9. Complete loss of ability to exercise professional activity... It is a clearly pronounced dysfunction in the body with absolute contraindications for the performance of any work, even in specially created conditions. By general rule as a profession, the type of activity that the victim was carrying out at the time of causing harm to him and considered to be the main one for him is recognized.

A responsibility

In Art. 111, part 1 of the Criminal Code of the Russian Federation, punishment is established for causing grievous bodily harm that is dangerous to human life or entailed:

1. Loss of hearing, speech, vision.
2. Abortion.
3. Loss of an organ or loss of functions.
4. Disease of substance abuse / drug addiction.
5. Mental disorder.
6. Permanent disfigurement of the face.
7. A persistent loss of the ability to perform professional duties by at least 1/3 or completely.

For the acts specified in part one of Art. 111 of the Criminal Code of the Russian Federation, 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 of the Russian Federation. The punishment in these cases is more severe. The second part establishes liability for serious damage in relation to:

1. A person or his relatives in connection with the performance of this person's public duty or official activity.
2. A minor or other citizen who is in a state of helplessness known to the perpetrator, as well as with particular cruelty, torment or abuse of the victim.

For the crimes listed in Art. 111, part 2 of the Criminal Code of the Russian Federation, the punishment is imprisonment for up to 10 years, with its restriction of up to two years or without it. This part provides for others In particular, in Art. 111, part 2 of the Criminal Code of the Russian Federation, the corresponding liability is established for causing serious damage to health:

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

For these acts, Art. 111, part 2 of the Criminal Code of the Russian Federation also provides for up to 10 years of imprisonment with or without a period of up to two years.

Responsibility depending on the number of persons

In Art. 111, part 3 of the Criminal Code of the Russian Federation provides that the above crimes can be committed by an organized group, an association of persons, including by prior conspiracy or against two or more citizens. In these cases, the perpetrators face imprisonment for a period of up to 12 years with or without restraint of liberty for no more than two years.

Death of the victim

This is established in Art. 111, part 4 of the Criminal Code of the Russian Federation. The punishment in this case will be more severe. At the same time, the legislator mentions in the norm such a concept as "negligence". That is, it means the lack of intent to cause death. V 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 entailed 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 (edit)

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 a causal relationship. The act itself can be a mechanical, toxic, physical effect on the victim's body or informational influence on his psyche. Also, behavior is expressed by the inaction of a person who could and should have taken an active action to prevent serious harm. The unlawfulness and social danger are the obligatory signs of the composition. This, in turn, gives grounds not to consider infliction of grievous damage to health a crime in conditions caused by a reasonable risk or urgent need during surgical interventions.

An important point

The ways in which serious harm is inflicted, if they are not listed in part 2 of the article in question, do not affect the qualifications, but are taken into account when the punishment is individualized. If in the course of beating or during the use of other violent actions, damage to health is caused to a different degree, then the most serious consequences are taken into account. If two or more injuries, which have signs of serious harm, were inflicted on the victim over a short period, for the same motive and intent, the act is regarded as one continued crime and does not form a set of elements.

Subjective part

It is characterized by the presence of willful guilt. In this case, intent can be indirect or direct. In other words, the perpetrator realizes that his behavior is dangerous for another subject, suggests the possibility or inevitability of the onset of serious harm. With a direct intent, he wants to or consciously allows it to be applied, and with an indirect one, he treats this fact with indifference. In the latter case, there is an uncertainty of willful 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, a guilty person is capable of inflicting grievous harm out of revenge, jealousy, feelings of dislike for the victim, envy. Some goals and motives serve as the basis for classifying an act as a qualified type, which significantly affects the sentence under Art. 111 of the Criminal Code of the Russian Federation. Responsibility for the article under consideration begins from the age of 14.

Practice of applying the fourth part

Acts under Art. 111, part 4 of the Criminal Code of the Russian Federation are considered the most dangerous crimes of a violent nature. In this part, there is a composition that is quite difficult to understand, suggesting two forms of guilt:

1. Intention to inflict grievous harm.
2. Negligence regarding the onset of death.

In the earlier existing Criminal Codes, increased liability for intentional bodily injury followed by fatal outcome, was not associated 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 causing harm to health cannot be considered as an "addition" to the compositions provided for in the first or third parts of the article. The death of the victim significantly increases the severity of the offense, bringing it closer in form to murder. Probably at further development of criminal law, this composition will be distinguished as an independent crime. Today, many qualification errors are due to underestimation of the danger of this act.

Composition design

In Art. 111, part 4 of the Criminal Code of the Russian Federation, to a certain extent, two crimes with material elements are combined. The first consequence is the infliction of grievous harm to health of a deliberate nature, and the second - At the same time, this act acts as one crime. The presence of two dissimilar consequences allows us to consider it as two-object. Thus, the health and life of the victim are the elements of the attack. In this regard, 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 acts is consistent with 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, according to the composition of the act in question, refers to the infliction of grievous harm to health.

Differentiation of crimes

Causing grievous bodily harm, which entailed the death of the victim, is delimited from murder and causing death in case of careless behavior. Difficulties mainly arise in the first case. The delimitation of the crime in question from murder cannot be carried out on the object in view of the presence of two elements of encroachment. Differentiating on the objective side of the act is also not possible. The fact is that one and the same inaction or action can commit murder and cause serious harm with the subsequent death of the victim. For the differentiation of the compositions, the time interval between the damage and the onset of death will not matter. There is a misconception that the presence of a significant time gap between injury and death requires qualifications under the fourth part of the article in question and excludes the recognition of the act as murder. However, this opinion has no basis. As evidenced by judicial practice, in case of deliberate infliction of death, the deed will be classified as murder, even if the victim died some time after the injury. Thus, only the subjective side of the deed acts as the main criterion. In accordance with the criminal legislation, the intent in the murder is aimed at the death of the victim, and within the meaning of Art. 111 of the Criminal Code, it is focused on causing serious harm to his health. Nevertheless, the direction and content of the aspirations of the guilty subject can be determined by conducting a thorough analysis of his behavior and all the circumstances and conditions under which the crime was committed, that is, by assessing the signs of the objective part of the composition.

Article 111 of the Criminal Code of the Russian Federation "Intentional infliction of grievous bodily harm". Legal advice and legal aid under Art. 111 of the Criminal Code of the Russian Federation.

Sufficient knowledge and practical experience in the field of protecting the rights of principals in criminal cases of deliberate infliction of grievous bodily harm, allows our criminal lawyer to defend suspects and defendants under Article 111 of the Criminal Code of the Russian Federation at a decent professional level.

Who is prosecuted under Article 111 of the Criminal Code

TO criminal liability according to article 111 of the Criminal Code of the Russian Federation, a person is involved who has reached the age of 14 by the time the crime was committed, who deliberately, having a formed intention, caused serious harm to the victim's health.
Under Part 1 of Article 111, citizens are subject to criminal liability who intentionally caused grievous harm to the health of the victim, dangerous to the life of a person, resulting in loss of vision, speech, hearing, or any organ or loss of its function by the organ.

Either termination of pregnancy, mental disorder, drug addiction, substance abuse, permanent disfigurement of the face, or causing a significant permanent loss of general ability to work by at least one third, as well as, obviously for the perpetrator, complete loss of professional ability to work.
Persons who have committed acts, foreseen by part 1 tbsp. 111 of the Criminal Code under aggravating circumstances that increase the public danger of the act and, consequently, the measure of criminal responsibility and the amount of the punishment imposed.

These signs include the commission of a crime against a person and his relatives, in connection with the performance of his official activities or the fulfillment of a public duty. In relation to a minor or other person who is in a helpless position. With special cruelty, mockery or torment for the victim, or in a socially dangerous way.

Part 2 of Article 111 of the Criminal Code of the Russian Federation also involves persons who have committed a crime for hire, for hooligan motives, for reasons of political, ideological, racial, national or religious hatred and enmity in relation to any social group, in order to use the organs or tissues of the victim ...
According to part 3 of Art. 111 persons who committed an act provided for in parts 1 and 2 of Article 111 of the Criminal Code of the Russian Federation, but as part of a group of persons by prior conspiracy or an organized criminal group, as well as against two or more persons, are brought to criminal responsibility.

Persons who have committed acts provided for in parts 1, 2 and 3 of Art. 111 of the Criminal Code of the Russian Federation, resulting in the death of the victim. In this case, the death of the victim does not occur as a result of intent to deprive of life, but as a result of careless actions that resulted in death.

What we offer to clients accused under Article 111 of the Criminal Code of the Russian Federation

Our criminal lawyer offers a full range of legal services necessary to protect their rights and legitimate interests during the preliminary investigation and in court:

• counseling a lawyer on issues of criminal prosecution under Article 111 of the Criminal Code.
• protection of the rights and legitimate interests of the principal at the preliminary investigation in a criminal case initiated on the fact of causing grievous bodily harm.
• protection of the rights of a client accused under Art. 111 of the Criminal Code of the Russian Federation, when choosing a preventive measure against him.
• appeal in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation illegal actions or inaction of the person conducting the inquiry or preliminary investigation in the prosecutor's office or in court.
• protection of the rights of the client, accused of committing murder under Article 111 of the Criminal Code of the Russian Federation, in the court of first instance.
• appeal against an unjust verdict passed on the results of a criminal case under Article 111 of the Criminal Code of the Russian Federation in a court of appeal, cassation and supervisory instance.

Tasks in the defense of the accused under Article 111 of the Criminal Code of the Russian Federation

Representing the interests of clients accused of intentionally causing grievous bodily harm, our lawyer adheres to a certain algorithm developed by us, which allows us to build an effective defense in a criminal case and bring reasonable doubts about the evidence of the guilt of our client in the act incriminated to him.
Assuming the defense of a client accused under Article 111 of the Criminal Code, first of all, we set ourselves the task of electing him as a preventive measure not related to imprisonment or not related to his placement in a pre-trial detention center (house arrest).

Further, we strive to establish the grounds, in the presence of which it will be possible to prove the absence in the actions of our client of the corpus delicti under Article 111, or to establish his innocence in the commission of this crime.

If the proof of our client's guilt in committing deliberate infliction of grievous bodily harm is beyond doubt, we strive to re-qualify the criminal case for a less serious crime, and mitigate the type and size of the punishment imposed on him. At the same time, we strive to reasonably and reasonably reduce the amount of claims filed by the victim for compensation for material and moral damage caused by the crime.

We recommend that clients who are prosecuted under Article 111 of the Criminal Code for intentional infliction of grievous bodily harm, when building a defense, adhere to the following tactics of behavior.

Don't communicate with employees law enforcement without your lawyer or without consulting him.

Seek help from an independent defender who has nothing to do with law enforcement agencies or their employees.

Not agree to the so-called " special order"And not follow the lead of law enforcement officers in terms of full admission of their guilt at the stage preliminary investigation;

If the investigative action took place without the lawyer you hired, not to testify, using the right provided for in Article 51 of the Constitution of the Russian Federation.

Refrain from giving any testimony until the moment of familiarization with the results of the examinations carried out in the case and the development of the final position of the defense in the case.

To familiarize yourself with the reference material prepared for you by a criminal defense attorney below.

Investigation of causing serious harm to health

A preliminary investigation in criminal cases initiated under Article 111 of the Criminal Code of the Russian Federation is carried out in the form of an investigation and, depending on qualifications, falls within the competence of investigators of the internal affairs bodies of the Russian Federation or the Investigative Committee. Russian Federation.
Cases of crimes provided for in parts 1-3 of Art. 111 of the Criminal Code of the Russian Federation, attributed to the competence of the investigators of the internal affairs bodies. Preliminary investigation under Part 4 of Art. 111 is carried out by investigators of the Investigative Committee of the Russian Federation.

As our practice shows, the preliminary investigation of cases of causing serious harm to health is quite lengthy and laborious. In its process, a large number of interrogations are carried out, investigative actions and forensic examinations... The investigation period in such cases is three to nine months. As evidence in criminal cases initiated under Article 111 of the Criminal Code, the preliminary investigation bodies submit the testimony of witnesses and eyewitnesses, the conclusions of the forensic medical, forensic biological and other examinations, as well as the testimony of the suspect and the accused given by him during the preliminary investigation.

In this regard, we strongly recommend our clients and persons accused under Article 111 of the Criminal Code to be especially careful about giving evidence during the period of pre-investigation verification and preliminary investigation.
At the same time, investigators investigating cases of intentional infliction of grievous bodily harm can use the conclusions of other experts as evidence, whose conclusions provide grounds for proving the person's guilt in committing the incriminated act.

It should be noted that the goals and motives of deliberately causing harm to health, established in the course of the preliminary investigation of cases under Article 111 of the Criminal Code of the Russian Federation, are important for the qualification of the deed, in the case when the Criminal Code associates an increase in responsibility with these circumstances.
We believe that it is impossible to create a single recipe for building the defense of suspects and accused under Art. 111 of the Criminal Code of the Russian Federation. The specifics of each criminal case initiated on the fact of causing grievous bodily harm is individual and, one might say, unique.
Thus, we believe that success in defending an accused under Article 111 of the Criminal Code can be achieved by adhering to our recommendations given above, and building a defense based on the specific situation and circumstances of the case.

Litigation under Article 111 of the Criminal Code of the Russian Federation

Cases on charges of deliberate infliction of grievous bodily harm provided for in parts 1-4 of Article 111 of the Criminal Code of the Russian Federation are subject to jurisdiction in the first instance district courts Russian Federation.
When making a decision under Article 111, the court must establish the facts and circumstances on the basis of which it finds the defendant guilty of intentionally causing grievous bodily harm to the victim and delivers a guilty verdict.
The representatives of the public prosecution base their position in the court of first instance on the results of the preliminary investigation of the criminal case under Article 111 of the Criminal Code of the Russian Federation, which we discussed above.

The grounds for recognizing the defendant guilty of committing a crime under Article 111 of the Criminal Code of the Russian Federation are the injuries found on the victim, qualified by forensic doctors as grievous bodily harm. The presence on the part of the accused of actions that caused these injuries, as well as a direct causal link between the actions of the defendant and grievous bodily harm identified in the victim.
At the same time, the court must establish the main sign of serious harm to health - the creation of a danger to the life of the victim. In the presence of this sign, the harm to health is recognized as serious, regardless of what consequences it entailed in the future.

While defending the accused under Article 111 of the Criminal Code of the Russian Federation in the court of first instance, in our opinion, it is necessary to identify errors and irreparable contradictions made during the preliminary investigation and blunders public prosecutor in the court of first instance.
We recommend using them to prove the absence in the actions of the defendant of the corpus delicti provided for in Article 111 of the Criminal Code of the Russian Federation, or to establish the fact that his guilt in the incriminated act has not been proven.
If there is no doubt that the defendant is guilty of intentionally causing grievous bodily harm, we usually follow the path of re-qualifying the client's actions for a less serious crime and assigning him as much as possible soft look and the amount of punishment provided for in Article 111 of the Criminal Code of the Russian Federation.

1. Intentional infliction of grievous bodily harm, dangerous to a person's life, or resulting in loss of sight, speech, hearing or any organ or loss of its functions by the organ, termination of pregnancy, mental disorder, drug addiction or substance abuse, or expressed in indelible disfigurement a person who has caused a significant permanent loss of general ability to work by at least one third or, knowingly for the guilty person, complete loss of professional ability to work, -

the applicable sentence is deprivation of liberty for a term not exceeding eight years.

2. The same acts committed:

• a) in relation to a person or his relatives in connection with the performance by this person of official activities or the fulfillment of a public duty;
• b) in relation to a minor or other person, knowingly for the guilty person who is in a helpless state, as well as with special cruelty, mockery or torment for the victim;
• c) in a generally dangerous way;
• d) for hire;
• e) from hooligan motives;
• f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group;
• g) for the purpose of using the organs or tissues of the victim;
• h) with the use of weapons or objects used as weapons -

shall be punishable by deprivation of liberty for a term of up to ten years, with or without restraint of liberty for a term of up to two years.

3. The acts provided for in the first or second parts of this article, if they are committed:

• a) by a group of persons, by a group of persons in a preliminary conspiracy, or by an organized group;
• b) in relation to two or more persons -
• c) has lost its force. - Federal Law of 08.12.2003 N 162-FZ

shall be punishable by deprivation of liberty for a term of up to twelve years, with or without restraint of liberty for a term of up to two years.

4. The acts provided for in the first, second or third parts of this Article, and entailing, by negligence, the death of the victim, -

shall be punishable by deprivation of liberty for a term of up to fifteen years, with or without restraint of liberty for a term of up to two years.

Comments on Article 111 of the Criminal Code of the Russian Federation

The crime under Art. 111 of the Criminal Code of the Russian Federation, belongs to the group of encroachments on human health. Its object is public relations emerging from the implementation of a person's natural, confirmed by international and constitutional acts the rights to security of person and health protection, which ensure health security as the most important social good. Under health, according to Art. 2 Federal law of November 21, 2011 N 323-FZ "On the basics of health protection of citizens in the Russian Federation" means the state of physical, mental and social well-being of a person, in which there are no diseases, as well as disorders of the functions of organs and body systems.

"No one should be subjected to torture or cruel, inhuman or degrading treatment or punishment" (Article 7 of the International Covenant on Civil and political rights December 16, 1966; Art. 21 of the Constitution of the Russian Federation); "Everyone has the right to health protection" (Article 41 of the Constitution of the Russian Federation).

The commented norm protects, first, the actual, present somatic and mental health as a certain state of the human body at the time of the start of the criminal offense, regardless of how complete this health was; and secondly, the health of an individual, concrete person, and not the health of the population as a whole.

Any person other than the perpetrator is the victim of a crime. Causing grievous harm to one's own health does not qualify under Art. 111 of the Criminal Code of the Russian Federation, but in some cases forms a method of committing another crime and can be qualified under the relevant articles of the Criminal Code of the Russian Federation (for example, under Art. 339). The consent of the victim to harm his own health does not exclude the responsibility of the perpetrator under Art. 111 of the Criminal Code of the Russian Federation. At the same time, it can serve as one of the criteria for distinguishing the infliction of serious harm to health on the basis of termination of pregnancy from cases of illegal abortion (Article 123 of the Criminal Code of the Russian Federation).

The concept of harm to health is determined by the Decree of the Government of the Russian Federation of August 17, 2007 N 522 "On approval of the Rules for determining the severity of harm caused to human health" (as amended on November 17, 2011) 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 factors of the external environment. The Criminal Code of the Russian Federation and the Rules know three types of harm to health: serious, moderate and lightweight. To establish the severity of harm caused to human health, it is necessary to conduct a forensic medical examination. Medical criteria for determining the severity of harm to health are approved by the Order of the Ministry of Health and social development RF dated April 24, 2008 N 194n.

SZ RF. 2007. N 35. Art. 4308.

According to the mechanism of causing harm to health, two groups of acts should be distinguished: a) injuries, consisting in violation of the anatomical integrity of human organs and (or) tissues; b) other actions that are not associated with a violation of the integrity of organs or tissues, but cause certain diseases or create conditions that threaten health (or life).

Serious harm to health is its most dangerous type, the signs of which are defined in the disposition of Part 1 of Art. 111 of the Criminal Code of the Russian Federation, are specified in the specified Rules and the Order of the Ministry of Health and Social Development of Russia. The law describes many alternative signs of severe health harm; establishing at least one of them is enough to qualify the offense under Art. 111 of the Criminal Code of the Russian Federation. It is customary to distinguish two types of serious harm to health: a) harm that is dangerous to life at the time of infliction, and b) harm that does not pose a threat to life at the time of infliction, but belongs to the category of serious harm due to the consequences it causes.

Severe harm to health, dangerous to life at the time of infliction, is bodily injury or other action (for example, injection), which immediately at the moment of its commission, in itself, creates an immediate threat to a person's life or causes a disorder of the vital functions of the human body, which cannot be compensated by the body on its own and usually ends with the death of the victim. The outcome of the harm caused (in particular, the duration of the health disorder or the amount of disability) does not affect the qualification of the deed; the actions of the perpetrator are assessed under Art. 111 of the Criminal Code of the Russian Federation due to their danger to life precisely at the time of infliction. Order of the Ministry of Health of Russia N 194n refers to this type of serious harm to health penetrating wounds of the skull, fractures of the vault and base of the skull, dislocations of the cervical vertebrae, penetrating wounds of the chest, spine, injuries of large blood vessels, stage III - IV shock, acute respiratory failure, acute massive blood loss, etc. (a total of 30 injuries and 10 life-threatening conditions).

Harm to health that is not dangerous to life at the time of infliction is recognized as serious if it is accompanied by the consequences exhaustively described in the disposition of Part 1 of Art. 111 of the Criminal Code of the Russian Federation. These consequences are:

Loss of vision, i.e. complete, persistent blindness in both eyes or irreversible decrease in visual acuity to 0.04 or less; loss of vision in one eye and post-traumatic removal of one eyeball, which had vision before the injury, is assessed on the basis of persistent loss of general ability to work; removal of the blind eye does not amount to loss of vision, but can be considered serious harm based on the duration of the health disorder;

Loss of speech, i.e. irreversible loss of the ability to express one's thoughts in articulate sounds, loss of language refers to serious harm due to the loss of an organ; temporary loss of voice constitutes one or another type of harm to health based on the duration of the health disorder;

Hearing loss, i.e. complete, persistent, irreversible deafness in both ears or loss of the ability to hear spoken speech at a distance of 3 - 5 cm from the auricle; hearing loss in one ear is assessed on the basis of persistent loss of general working capacity;

Loss of an organ or loss of functions by an organ, i.e. complete separation of the organ from the body, loss of the most functionally important part of the limb or irreversible deprivation of the organ's ability to function (loss of an arm, leg, foot, hand or their paralysis, another condition that excludes their functions); on the same basis, damage to the genital organs, accompanied by a loss of productive capacity, is assessed;

Termination of pregnancy is the termination of the course of pregnancy, regardless of the period, with the development of miscarriage, intrauterine fetal death, premature birth, or necessitating medical intervention; termination of pregnancy causes serious harm to health if it was the result of violence applied to a woman or other actions carried out in addition to or against her will, as well as if it is in direct causal relationship with external influences, and is not due to the individual characteristics of the body or diseases of the victim; however, if external reasons necessitated termination of pregnancy by medical intervention (curettage of the uterus, cesarean section, etc.), then these injuries and the resulting consequences are equated to termination of pregnancy and are assessed as serious harm to health;

Mental disorder, i.e. treatable or incurable, temporary or chronic mental illness or dementia due to physical or mental injury;

Disease of drug addiction or substance abuse, i.e. the presence of a painful addiction to the use of narcotic drugs or intoxicating substances, accompanied by mental and physical dependence on them;

Permanent disfigurement of the face, i.e. such damage to the face, which: firstly, cannot disappear or become less pronounced over time or under the influence of non-surgical means (if cosmetic surgery is required to repair the damage to the face, then the damage is considered permanent); secondly, it gives the face a repulsive, ugly look that does not agree with generally accepted ideas about the human face. The fact that the damage is indelible is confirmed by a forensic expert, the recognition of the indelible damage as disfiguring is the competence of the law enforcement officer;

A significant permanent loss of general working capacity, which, in accordance with Order of the Ministry of Health of Russia N 194n, is established in two situations: a) in the presence of certain injuries, regardless of the outcome and provision (non-provision) of medical care (these injuries are listed in the Order: open or closed fracture of the humerus , open or closed fracture of the bones that make up the elbow joint, etc., 11 positions in total); b) in other situations, when as a result of the act, the total working capacity is reduced by at least one third. In the latter case, two evaluation criteria are used as the basis for the assessment: when the outcome of the injury is determined, the percentage of total disability is taken as the basis for the determination (at least thirty percent); with an undetermined outcome - a time criterion indicating that the duration of the health disorder exceeds one hundred and twenty days. The degree of loss of general working capacity is established not only on the basis of bodily injury, but also on the basis of diseases or pathological conditions. Order of the Ministry of Health of Russia N 194n contains an exhaustive table of percentages of disability for various injuries;

Complete loss of professional ability to work, i.e. a pronounced dysfunction of the body in the presence of absolute contraindications for performing any professional activity, even in specially created conditions (clause 14 of the Rules for establishing the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases approved by the Decree of the Government of the Russian Federation of October 16, 2000 N 789 (as amended on November 10, 2011)). As a general rule, the profession for the victim is the type of activity that he was carrying out at the time of the crime and which was considered the main one for him. However, in a situation of causing grievous harm to the victim's health in connection with the performance of his official activities, it is possible to recognize the profession and the type of activity that the victim performed earlier or planned to carry out in the future.

SZ RF. 2000. N 43. Art. 4247.

The objective side of causing grievous harm to health is expressed by an act in the form of an action or inaction, a consequence in the form of grievous harm to health and a causal relationship between them.

The act itself may consist in a physical, toxic, mechanical effect on the body or informational effect on the victim's psyche, as well as in the inaction of a person who should and could take active actions to prevent serious harm to health.

Mandatory signs of an act - public danger and wrongfulness. Due to this, the infliction of grievous harm to health in conditions precluding the recognition of the act as unlawful (for example, due to extreme necessity or a reasonable risk of manipulation with the human body during medical operations) does not constitute a crime.

Ways of causing harm to health (if they are not specified in part 2 of article 111 of the Criminal Code of the Russian Federation) do not affect qualifications, but are taken into account when individualizing criminal punishment. In a situation where, in the process of beating or other violent actions, the perpetrator is harmed of varying degrees of severity, qualification, taking into account the guilt, is carried out according to the most serious consequences. If two or more injuries with signs of grave harm were inflicted on one victim within a short time, for a single motive and were covered by a single intent, the deed is assessed as a single continued crime - the infliction of grave harm on the victim by a combination of the actions committed by the guilty party and does not form a combination of crimes.

In a situation of causing grievous bodily harm, qualified on the basis of danger to life at the time of infliction, the main attention is paid to the characterization of the act. Intentional bodily injury posing a danger to life is subject to qualification as grievous bodily harm, regardless of the degree of subsequent disability. In a situation of causing serious harm to health, the consequences are of key importance. The absence of those specified in the disposition of Part 1 of Art. 111 of the Criminal Code of the Russian Federation of consequences excludes the qualification of the offense under this norm as a completed crime.

For qualification, it is important to establish the presence of a causal link between the act of the perpetrator and the resulting consequence in the form of serious harm to the health of the victim.

The subjective side of the crime is characterized by guilt in the form of direct or indirect intent. A person realizes that he is committing an act dangerous to the health of another person, foresees the possibility or inevitability of causing serious harm and wishes (with direct intent) or deliberately admits the fact of the onset of consequences or is indifferent to it (with indirect intent). For some types of infliction of serious harm to health (for example, qualified on the basis of complete loss of professional ability to work), the establishment of direct intent is required.

Within the meaning of the law for qualifications under Art. 111 of the Criminal Code of the Russian Federation, it is necessary to establish intent to inflict not any, namely, grievous bodily harm. If such intent is proven, the non-occurrence of consequences in the form of grievous harm excludes liability for the completed crime, but does not exclude the qualification of the deed as an attempt to intentionally inflict grievous bodily harm. In a situation where the guilty party commits violent actions with unspecified intent, the deed is classified according to the actual consequences.

The subject of the crime is common - a sane natural person who has reached the age of fourteen.

The qualifying signs of intentional infliction of grievous bodily harm (parts 2, 3 of Art. 111 of the Criminal Code of the Russian Federation) coincide with similar signs of murder under Part 2 of Art. 105 of the Criminal Code of the Russian Federation.

The law calls the deliberate infliction of grievous bodily harm, which inadvertently entailed the death of the victim, as a particularly qualified corpus delicti (part 4 of article 111 of the Criminal Code of the Russian Federation).

An additional object of this crime should be recognized as social relations that ensure the safety of human life.

WITH objective side, depending on the characteristics of serious harm to health, two options are possible:

a) causing grievous bodily harm, dangerous to life, and the onset of consequences in the form of death. This option is isolated solely on the basis of the laws of logic. In reality, it characterizes murder to a greater extent than a crime under Part 4 of Art. 111 of the Criminal Code of the Russian Federation;

b) causing harm to health, not dangerous to life, the onset of at least one "primary" consequence specified in the disposition of Part 1 of Art. 111 of the Criminal Code of the Russian Federation, and the onset of "secondary" consequences in the form of death.

It is fundamentally important to establish that the death of the victim occurred precisely as a result of the actions of the perpetrator. It is causally related to either life-threatening harm or a "primary" effect. Moreover, based on the approach that has developed in practice, the death of a victim may be causally related to both completed and unfinished infliction of grievous bodily harm.

An indirect confirmation of this thesis can be the Definition Judicial board The Supreme Court RF in the case of Fakhretdinov, who was found guilty of a crime under Part 3 of Art. 30 and p. "A" part 3 of Art. 131 of the Criminal Code of the Russian Federation // Bulletin of the Supreme Court of the Russian Federation. 1998. No. 8.

If death occurs from other reasons (errors in the provision of medical care, the physiological characteristics of the victim's body, etc.), the qualification of the actions of the perpetrator under Part 4 of Art. 111 of the Criminal Code of the Russian Federation is excluded. The non-occurrence of death, even under circumstances when it could have occurred, also excludes liability under this rule. If the fatal outcome was not eliminated by medical intervention, although it could have been eliminated by it, practice follows the path of the possibility of imputing Part 4 of Art. 111 of the Criminal Code of the Russian Federation.

WITH subjective side the crime in question is characterized as committed with two forms of guilt: intent (direct or indirect) in relation to causing grievous bodily harm and negligence in relation to causing death. It is here that the greatest difficulties arise in qualifying this crime, since it is necessary to delimit it, on the one hand, from murder, and on the other, from careless infliction of death.

The Plenum of the Supreme Court of the Russian Federation in the Resolution of January 27, 1999 N 1 "On judicial practice in cases of murder (Art. 105 of the Criminal Code of the Russian Federation)" indicated that it is necessary to delimit murder from deliberate infliction of grievous bodily harm that resulted in the death of the victim, meaning that in the case of murder the intent of the perpetrator is aimed at depriving the victim of life, and when committing a crime under Part 4 of Art. 111 of the Criminal Code of the Russian Federation, the attitude of the perpetrator to the death of the victim is expressed in negligence (clause 3). The direction of intent is determined taking into account all the specific circumstances of the case. If the selected weapons, the nature of the injury, its localization and other data indicate that the intention of the perpetrator was aimed precisely at causing harm to health, responsibility for the murder is excluded. So, for example, it is under Part 4 of Art. 111 of the Criminal Code of the Russian Federation, the practice qualifies: a single blow with a fist in the neck area, resulting in death, multiple punches and kicks in different parts of the victim's body, resulting in his death; deliberate stabbing in the thigh, resulting in the death of a person from acute blood loss; stabbing the hand with a knife, as a result of which death occurs from damage to the artery, etc.

In contrast to the careless infliction of death, the crime under Part 4 of Art. 111 of the Criminal Code of the Russian Federation, presupposes the commission of deliberate actions by the guilty party aimed at causing harm to health. Only in this situation, the subsequent occurrence of death, provided there is a causal relationship with the actions of the guilty person and his careless guilt in relation to this result, can be considered as a qualified form of causing grievous bodily harm. If the perpetrator had no intent to inflict grievous bodily harm (as may be evidenced by the factual circumstances of the case), but as a result of his careless actions, the death of the victim occurred, the deed should be qualified under Art. 109 of the Criminal Code of the Russian Federation.

Intentional infliction of grievous bodily harm may constitute an element of the objective aspect of another violent crime. In this case, the qualification of the offense depends on the comparative danger of the most serious harm to health and a compound violent crime, focusing on the amount of the corresponding sanction. criminal law... So, for example, the infliction of grievous harm to the health of the victim in the course of a robbery is fully covered by the corpus delicti provided for in paragraph "c" of Part 4 of Art. 162 of the Criminal Code of the Russian Federation, and does not require additional qualifications under Part 1 of Art. 111 of the Criminal Code of the Russian Federation. At the same time, the infliction of grievous bodily harm in the process, for example, involving a minor in the commission of a crime (part 3 of Art. 150 of the Criminal Code of the Russian Federation) requires additional qualifications under the relevant part of Art. 111 of the Criminal Code of the Russian Federation, since the sanction of Part 1 of Art. 111 of the Criminal Code of the Russian Federation is higher than in Part 3 of Art. 150 of the Criminal Code of the Russian Federation.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.

3 comments

System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unreachable object for the system, located beyond the system's event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Third-party observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.