Crimes committed against the person are considered the most serious. Sometimes they bring irreparable harm. During an attack, no one forbids a person to defend himself. But in this case, not only the victim, but also the accused himself may suffer. Details of this issue are discussed in Art. 114 of the Criminal Code.
Important features
When a person is attacked, he always tries to defend himself. This happens on a subconscious level. The instinct of self-preservation just works . At this moment, he has poor control over his actions and can go over permissible boundaries.
Art. 114 of the Criminal Code considers these cases in more detail. Of course, no one will argue that you can not use force to repulse the offender. That would be counterintuitive. If a person is attacked, then he is in a situation where you need to choose between your own safety and the possible consequences of the act. The law allows the offender to respond physically. This is called “necessary defense” and is provided for in Article 37 of the Criminal Code of the Russian Federation. But sometimes the victim acts with excessive cruelty and does grievous harm to the attacker. And she does it intentionally. This is where art. 114 of the Criminal Code. To apply it, it is necessary to have complete confidence that in this particular situation there was no need for such extreme measures. Excessive cruelty can be fraught with the most serious consequences and is never justified.
Art. 114 of the Criminal Code provides, in addition, punishment in case of grievous harm during detention. This part of it is also quite relevant.
Significant additions
The law tries to be fair and punish those responsible for their actions, taking into account all circumstances. In March 2011, a new law was issued that introduced significant amendments and changes to the Criminal Code of our country.
After such an adjustment, Art. 114 of the Criminal Code with comments provides for the following measures of impact:
- In the first part, in the case of severe (and moderate) harm in the case when Article 37 does not apply, the guilty person may be punished with corrective or forced labor, as well as restriction or imprisonment for up to 1 year.
- If the same actions were committed at the time when the person detained the guilty person who had already committed a crime, then the same measures can be applied to him, but for a period of up to 2 years.
In making the final verdict, the judge, of course, carefully studies all the materials of the case. At the time of the announcement of the sentence, he should not have a shadow of doubt about the application of punishment.
Special cases
Judicial practice under Art. 114 of the Criminal Code contains many different situations where the necessary defense crossed the line of reason.
For example, one person approached another on the street and in a rude manner tried to rob him of his personal belongings. In response, he received a point-blank shot or stab, and then serious injuries after prolonged treatment. Sometimes such cases are fatal. This option is quite common on the streets of large cities. People carry weapons to ensure their own safety. But is such an extreme measure justified in this case? Of course not. This is stated in Part 1 of this article. A person could try to scare the attacker or hurt him easily, but he intentionally committed unjustified actions that led to such consequences. Or, for example, a thief runs away with a stolen item, and the owner or an ordinary passerby, wanting to help restore justice, kills him with a shot in the back. In this situation, part 2 is in effect, when the arrest of the offender was carried out in a dangerous and excessively cruel way. Both cases have one feature: people, defending themselves, crossed the fine line when anger made it possible to forget about justice.