Deliberate infliction of moderate severity of harm to health
1. Intentional infliction of moderate harm to health, not dangerous for human life and not entailing the consequences specified in Article 111 of this Code, but which caused a prolonged health disorder or a significant permanent loss of general working capacity by less than one third -
is punishable by restraint of liberty for up to three years, or by forced labor for up to three years, or by arrest for up to six months, or by imprisonment for up to three years (in red Federal Law No. 377-FZ of 27.12.2009, No. 26-FZ of 07.03.2011, No. 420-FZ of 07.12.2011.)
2. The same act committed:
a) with respect to two or more persons
b) with respect to the person or his relatives in connection with the performance of this person's official activity or the performance of public debt;c) against a minor or other person known to the guilty to be in a helpless state, as well as with particular cruelty, mockery or torment for the victim (p. in in red Federal Law No. 215-FZ of July 27, 2009);
d) by a group of persons, by a group of persons by prior agreement or by an organized group
e) out of hooligan motives;
f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group (p. Ed., Federal Law No. 211-FZ of July 24, 2007), -
g) has expired. - Federal Law No. 162-FZ of December 8, 2003 is punishable by imprisonment for up to five years.
1. The average severity of harm to health is characterized in the text of the article under review with two negative and two positive signs. Negative signs serve to delineate the average severity of injury to health from serious: causing moderate harm to health is not life threatening and does not entail those specific consequences listed in art. 111 CC. Specific signs of moderate severity of health damage are indicated in a positive form: a) long-term health disorder, or b) a significant permanent disability less than ⅓.
2. A long-term health disorder refers to a disease or impaired function of an organ lasting more than three weeks (more than 21 days). The duration of the disease is usually determined by the period of temporary incapacity for work, fixed in the hospital sheet.
3. Under a significant permanent disability less than ⅓ is understood as a persistent loss of general working capacity from 10 to 30% inclusive. The percentage of disability is determined by forensic medical examination, when the outcome of the disease caused by trauma or other damage to health has already been determined.
4. Medium damage to health is expressed, for example, in cracks and fractures of one or three ribs on one side, small closed fractures of bones, dislocation in small joints, loss of a finger on the arm or leg, hearing loss in one ear, soft tissue injuries and other injuries, not dangerous for life and not caused the consequences specified in Art. 111 CC.
5. The subject of the crime is a sane individual who has reached the time of committing a crime of 14 years of age (Part 2, Article 20 of the Criminal Code).
6. Qualifying signs in part 2 of the commented article coincide with the qualifying signs in part 2 and 3 of Art. 111 of the Criminal Code, except for the crimes mentioned therein in a generally dangerous manner, for hire and for the use of the organs or tissues of the victim.
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