111 article of the Criminal Code of the Russian Federation (changes)
111 article of the Criminal Code of the Russian FederationFederation provides for punishment for persons who intentionally caused serious damage to the health of one or several citizens. The imposition of such harm entails irreversible consequences for the victims. Let us further consider the specifics of the composition of the crime and punishment, which is established by Article 111 of the Criminal Code of the Russian Federation. Changes to this rule will also be described in the article.
The main composition of the act
Article 111 of the Criminal Code of the Russian Federation under the consequences arising from the infliction of grave damage to the health of the victim considers:
- Loss of vision, ability to talk, hearing or any organ.
- Loss of body functions.
- Mental disorder.
- Loss of ability to work is not less than 30%.
- Incompatible disfiguring of the facial part of the head.
- Disease of substance abuse / drug addiction.
- Complete loss of ability to work.
This is the main part of the crime, which provides 111 articles of the Criminal Code of the Russian Federation. The term of imprisonment for these acts is up to 8 years.
Acts that led to the above consequences may be committed in relation to:
- A person or his relatives in connection with the performance of his job or public duty.
- A minor or other citizen who is known to the guilty in a state of helplessness, as well as with mockery, special cruelty and torment for the victim.
Article 111 of the Criminal Code in Part 2 establishes a penalty if the offense is committed:
- For hire.
- Socially dangerous method.
- From hooligan motives.
- To use later the tissues / organs of the affected person.
- Based on religious, national, racial, ideological, political hatred / enmity, as well as directed against any social group.
- With the use of weapons or special means.
For such acts, Article 111 of the Criminal Code establishes a punishment of up to 10 years in prison. In this case, an additional restriction of freedom up to 2 years may be imposed.
The above acts may be committed:
- Group of persons (organized, including) or by prior agreement.
- In relation to two or more citizens.
In the previous version of Article 111 of the Criminal CodeThe Code of the Russian Federation contained one more aggravating circumstance. At present, it has lost its force. For these acts is appointed to 12 years in prison. As in the previous case, in addition, up to two years of restriction of freedom may be provided.
Death of the victim
This consequence also provides for 111 articlesThe Criminal Code of the Russian Federation. Paragraph 4 establishes a penalty for causing grave damages to the health of a citizen, resulting in his death due to the negligence of the person responsible. For such an act, imprisonment up to 15 years is provided. Additionally, a restriction of liberty for up to two years may be imposed.
Acts associated with willful inflictionserious harm to health, are considered the most dangerous crimes in the modern world. A high danger to society is the behavior of the guilty person, the irreversible consequences that arise for the victim, as well as in a fairly large prevalence. In committing this crime, a person encroaches on the most valuable thing a person has - his health. In this case, the damage caused by his actions is irreparable. So, victims are deprived of work capacity, become invalids, deprive possibility to continue professional career. Often this leads to the subsequent death of persons.
Difficulties in applying
The definition of "harm to health" is currentlyis considered one of the debatable. This is due to the fact that criminal legislation does not mention any of its possible forms. In practice, there are often questions about the application of the article. Not in all cases the court correctly delimits the acts in question from other criminal encroachments.
The objective part
It consists in the illegal infliction of serious harm to the health of the victim. The objective side is formed:
- Socially dangerous behavior involving inaction or action.
- The resulting consequence in the form of serious damage to health.
- Causal relationship between the behavior and the subsequent state of the victim.
The actions of the guilty subject can be expressed inchemical, psychological, physical and other effects on another person. Serious injuries in the victim may arise due to inaction of the offender. This means that the perpetrator could and should have committed actions that would prevent the harm that has come, but did nothing.
The subjective part
It is characterized by the presence of willful guilt. With direct intent, the perpetrator understands that his behavior is dangerous for another subject. He assumes and foresees the inevitability or possibility of causing damage to health and wishes or allows it consciously. With indirect intent, the perpetrator with indifference refers to the consequences for the victim. The actions of the subject in the course of the qualification of a crime are assessed after the consequences that have occurred.
In the 111th article, the punishment forcareless death of the victim due to serious damage. In practice, it is often difficult to distinguish this composition from intentional homicide. In such cases, the differentiation is carried out on the subjective side. When qualifying the act under art. 111 intent is aimed at causing harm to health. This means that the perpetrator did not want the victim's death. Thus, the death of the latter became a consequence of the actions originally conceived by him. At intentional murder the subject wishes precisely death of the victim. In other words, he encroaches on his life, not on health.