Article 115, part 1 of the Criminal Code of the Russian Federation establishes liability for intentional damage to mild health. Sanctions are applied if the actions of the subject caused a short-term disorder of the body or a slight permanent loss of general disability. Consider further what threatens for beating a person.
Article of the Criminal Code 115
As part of the norm, different sanctions can be applied to the subject of the crime. For acts stipulated by article 115 of the Criminal Code of the Russian Federation, the punishment may be as follows:
- Fine. Its value is from 50 to 100 minimum wages or equal to the income (salary) of the perpetrator for 1 month.
- Mandatory work. Their duration can be from 180 to 240 hours.
- Arrest for 2-4 months.
- Correctional work. Their duration can be no more than a year.
Article 115 of the Criminal Code: comment
Intentional damage to health is easily ascertained when, as a result of it, a short-term disorder of the activity of the body systems appears or the victim suffers a persistent, but insignificant loss of general disability. That is, the victim for a certain, short period of time loses the ability to carry out professional activities. These consequences can occur at the same time.
Objective part
It is expressed in the unlawful harm to the health of a mild degree to another person. Thus, the object of the crime, for which Article 115 of the Criminal Code of the Russian Federation provides for liability, is formed by public relations that ensure the safety of citizens. The composition of the crime is formed by:
- Socially dangerous behavior (inaction / action).
- The criminal consequence, expressed by causing harm to the body of the victim to a mild degree.
- A causal relationship established between the act and the onset of disorder or disability.
Slight harm
According to paragraph 48, which is present in the rules of forensic examination for the severity of harm, a short-term disorder is a health disorder that is directly related to the damage and lasts no more than three weeks (21 days). By insignificant, but persistent disability, they understand the loss of the ability to work, equal to 5%. This explanation is in paragraph 49 of the above rules. Damage to a mild degree includes, for example, loss of a finger on the hand (except the thumb or index finger), weakening of the visual and auditory functions, multiple abrasions, bruising, etc.
Qualification
In the case of damage to health, as a result of which there are fleeting, insignificant consequences that were not expressed in a short-term violation of body functions, or there is a persistent, but insignificant loss of working capacity, sometimes article 115 of the Criminal Code of the Russian Federation may not apply. Beatings or tortures appear as a more suitable qualification of such acts (Articles 116, 117). In this case, it is necessary to take into account the funds that were used by the criminal. For example, if he used suffocating gas, caused harm through the use of a narcotic substance, etc., the deed is not covered by the compositions of Art. 116, 117. In this case, it is necessary to admit that the revision of clause 20 of the Rules of 1978 by the new provisions of 1996 is fair. In the current standards of forensic medical examination, clause 48 includes the concept of short-term health disorder and adds terms that have only the maximum (up to three weeks) period, without indicating the minimum duration of the consequences (which previously could have been 1 day).
Disease duration
When establishing the duration of the disorder, one should be guided by objective information that characterizes the severity of the damage caused, and not just by a sheet of disability. In determining the duration of the disease, the criterion is the necessary time to restore health. If treatment is unreasonably delayed or prematurely terminated, it is necessary to be based not on the actual, but on the necessary time period, which is established by specialists.
Subjective part
It is expressed in intentional guilt. Article 115 of the Criminal Code provides for both direct and indirect intent. As a rule, in a crime he is not specific (indefinite). Article 115 of the UKRF applies if it is proved that the perpetrator wanted to inflict damage on the health of the victim precisely to a mild degree, consciously admitted the likelihood of such consequences or was indifferent to them. If the subject wanted to cause death or grievous harm, but due to circumstances beyond his control, could not realize his intentions, the deed is qualified according to the relevant standards (attempted murder or grievous bodily harm). Article 115 of the Criminal Code of the Russian Federation can be applied to acts committed by individuals who have reached 16 years of age.
Conclusion
Initiation of proceedings shall be carried out only at the request of the victim. In case of reconciliation with the guilty person, the case shall be terminated. Some difficulties in practice arise when delimiting an act provided for in Art. 115, from hooliganism. Differentiation should in such cases be carried out depending on the orientation and content of the intent of the offender, goals, motives, as well as the circumstances of the case. It is necessary to proceed from the fact that bodily harm to the victim, if it did not entail a violation of public order, cannot be considered hooliganism. In this case, responsibility will come for the encroachment on health.