Causing grievous bodily harm is represented in the Criminal Code of the Russian Federation by three articles: 111, 113, 114. They differ in the degree of guilt: was there intent in the actions of the defendant, or he committed a crime in a state of passion, or when the boundaries of necessary self-defense or detention were exceeded.
Instructions
Step 1
The first article is divided into four parts, and, depending on the severity of the perpetrator, the punishment in each subsequent one is toughened. Under the first point, a sentence of imprisonment of up to 8 years is passed, and persons, as a result of whose illegal act, the victim's health has significantly deteriorated, are subject to the verdict of the court. Serious harm is such disorders of the functions of the human body, in which there is a danger of losing life, or as a result of which the object of the crime becomes visually impaired, hearing impaired or due to any rapidly developing disease. It also includes the loss of a fetus by a pregnant woman, mental illness as a result of an attack, the acquisition of drug or toxic dependence, as well as unrecoverable disfigurement of the victim's face. The latter includes superficial stab wounds and other damage to appearance, including dousing with sulfuric or hydrochloric acid. They are also sentenced to 8 years if the victim is significantly disabled.
Step 2
The maximum term is increased to 10 years if the defendant committed a crime in the course of his official activity, against a child or other person unable to defend himself, if it was accompanied by the torture of the victim. The second subparagraph includes mercenaries who work for money, hooligans - their motive is entertainment, as well as racists and nationalists. This category also includes people who encroached on the health of the victim in a generally dangerous way, for example, who threw a grenade in a crowded place, but at a specific person, and “black transplantologists”. Up to 12 years is awarded to perpetrators if they committed a crime as a result of conspiracy or in relation to several persons. And if the victim died as a result of grievous bodily harm, then the term is increased to 15 years.
Step 3
A state of passion is a mitigating sign and distinguishes the corpus delicti in a separate article 113. It recognizes a sudden mental disorder that overtook the person who committed the attack as a result of the victim's infliction of violent or moral harm, expressed in systematic bullying, beatings, insults or a one-time situation that the perpetrator could not endure and for its termination committed a wrongful act. The term of imprisonment is up to 2 years. Article 114 provides for a one-year sentence for causing grievous harm as a result of self-defense when its permissible limits are exceeded, and a penalty of two years if the crime is committed during arrest.
