For causing average harm to health in the presence of intent or in a state of passion, punishment in the form of imprisonment, restriction of liberty, compulsory or corrective labor may be imposed. In the presence of qualifying signs, the punishment is significantly toughened.
Criminal legislation recognizes as a crime the infliction of average harm to health only in the case when the specified act was committed intentionally or in a state of passion. At the same time, this offense is serious, since it causes a long-term health disorder in the victim, disability. That is why a punishment related to real imprisonment for a certain period can be imposed on him. If there is the usual infliction of average harm to health without any qualifying signs, then the court may order deprivation or restriction of freedom, forced labor. In all cases, the term of the corresponding punishment will be up to three years. Another alternative is to arrest the defendant for up to six months.
When can a more severe penalty be imposed?
The degree of responsibility for intentional infliction of average harm to human health may increase in the case when any additional signs are revealed during the commission of the act. Such signs can be the infliction of such harm to two persons, a larger number of people, a minor or helpless victim, the presence of hooligan motives, the commission of a crime as part of a previously conspired group of persons, other circumstances. In this case, the only possible type of liability is real imprisonment, which is up to five years. No alternative, milder types of punishment in the presence of qualifying signs are assigned.
What punishment will follow when identifying a state of passion?
If the average harm to health is caused by the accused, who, when committing the crime, was in a state of strong emotional excitement (passion) due to any actions of the victim himself, then the punishment is significantly mitigated. The state of passion is established on the basis of the testimony of witnesses, medical examinations, and other evidence. In this case, the guilty person may be assigned imprisonment, correctional labor, forced labor, restriction of freedom. The term of each of the designated types of liability cannot exceed two years, and the court independently determines the specific punishment, depending on the circumstances identified in which the crime was committed.
