Harm to health of average gravity

The Criminal Code defines the concept of harm to health of moderate severity. It is understood as harm to health, which is not dangerous for the life of the victim, which did not entail the consequences of serious harm, but nevertheless caused a prolonged health disorder for a period longer than 21 days or a persistent significant (less than a third) loss of general working capacity.

Article 112 of the Code provides for causing intentional harm to criminal liability. For such a crime a person can be punished - imprisonment up to 3 years. And the sanction of the second part of the article defines the term of punishment - up to 5 years. Applicable in case of an action (inaction):

- in relation to several persons (two or more);

- in relation to a person, his relatives in the performance of his official activity, which is connected with the performance of civil duty;

- with the use of humiliation and torment, special cruelty;

- in relation to a person who was in a helpless state (known to the perpetrator);

- in a group, with preliminary collusion, by an organized group;

- on racial, national grounds, because of religious hostility and hatred;

- from hooligan motives;

- repeatedly;

- a person who had previously caused grave harm, committed a murder.

To determine the degree of harm, a forensic medical examination (examination) is appointed.

Harm to health of average gravity is estimated on following signs:

1. there is no danger to life;

2. There are no consequences prescribed in Article 111 of the Criminal Code, that is, it is not serious harm;

3. a health disorder is not long-lasting;

4. there is a persistent and significant loss (less than a third) of total working capacity.

Prolonged frustration are consequences (temporary loss of ability to work for more than 3 weeks) that have arisen in connection with causing harm. The day of hospitalization, as well as the day of discharge, are considered complete.

The subject of the crime (a person who can be brought under this article) must be at least 14 years old, otherwise he can not be criminally liable. The objective side is expressed in the unlawful infliction of harm to an average person.

There is also administrative responsibility for the damage to health of moderate severity. In particular, under article 12.2 of the Code of Administrative Offenses, the concept of such harm is defined as a prolonged non-life-threatening disorder (violation) of health, or a persistent and significant loss of general working capacity (less than a third).

The person is injured with moderate health, for example, with cracks and fractures of small bones, ribs, loss of fingers or toes, dislocations in small joints, etc.

Due to the fact that there are more cars on the roads, the number of accidents increases day by day. Often these accidents cause death or damage to the health of a citizen. The perpetrator is liable under this law. For the caused average harm to health at road accident there is a responsibility both in administrative, and criminal codes. Articles on which a person can be brought for it, were previously indicated. In the event that you plead guilty, you must make amends for the injured, provide medical assistance, pay for physical damage. After that, he can speak in your defense in court, and the punishment will be minimal. If you do not admit guilt, it is better to provide medical assistance, since it is a civic duty, but not to pay, as this can be regarded as an admission of guilt. It will not be superfluous and help from the lawyer, who will tell you how to act in this situation.

Criminal liability for violation of traffic regulations and the operation of transport, which caused careless damage, is excluded. The victim, if to him the average harm to health is caused, has the right to apply to the court with a claim for compensation of damage.