Causing grievous bodily harm resulting in the death of the victim. When death occurs as a result of the accidental actions of another person

Art. 118 of the Criminal Code of the Russian Federation is aimed at determining punishment for persons who have committed a crime against other citizens, causing harm to their health. So that the punishment falls under this article, it is necessary that the crime causes significant damage to health and is completely negligent. Definition of harm Before turning to the article itself, it is worth understanding what the definition of harm entails. In relation to criminal liability, harm is damage that was caused to a citizen by causing bodily harm. Bodily injuries include:

• violation of the integrity of the human body;
• violation of the integrity of the skeleton;
• impact on the functions of the body responsible for its vital activity.

In addition, damage may include diseases or pathological conditions resulting from the damage. Types of bodily injury According to Art.

Causing grievous bodily harm resulting in death

Federal Law of July 21, 2014 N 227-FZ) are punishable by imprisonment for a term of up to ten years with or without restriction of freedom for a term of up to two years. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ) (see.

text in previous edition) 3.

Acts, provided for in parts first or second of this article, if they are committed: a) by a group of persons, by a group of persons prior agreement or organized group; b) in relation to two or more persons - (as amended by Federal Law No. 162-FZ dated 08.12.2003) (see text in the previous edition) c) has become invalid.

Attention

Federal Law of December 8, 2003 N 162-FZ (see text in the previous edition) is punishable by imprisonment for a term of up to twelve years, with or without restriction of freedom for a term of up to two years. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ) (see.

text in the previous edition) 4.

Forbidden

If the evidence really refutes the intentional infliction of damage with the intent to kill a person, then the court will recognize death by negligence and liability will arise under Article 111. Problems of delimitation The main problem is to distinguish whether the death was intentional or due to negligence. In the first case, liability arises under Article 105 of the Criminal Code of the Russian Federation, i.e. murder, in the second case under Article 111, paragraph 4. Here the main criterion for delimitation will be the evidence provided.

For especially serious crimes - 14 years.

Article 111. intentional infliction of grievous bodily harm

Characteristics Serious harm to health is characterized by qualifying characteristics. Qualifying features - a number of reasons why criminal person may aggravate the punishment.
Qualifying features:

• an atrocity due to which more than 2 people were injured;
• attack while running job responsibilities;
• if the victim was a minor and could not defend herself;
• a crime that was committed by force or humiliation;
• a criminal group consisting of several people;
• crime committed due to ordinary hooliganism;
• the villain who used the weapon;
• discrimination against religion or race.

What responsibilities are provided? Article 111, paragraph 4 of the Criminal Code of the Russian Federation provides for only one type of punishment - imprisonment.

118 of the Criminal Code of the Russian Federation. causing grievous bodily harm through negligence

Since from this age responsibility arises for many articles, it is rarely delimited by this criterion.

• Availability large quantity common features. For example, Article 112 of the Criminal Code of the Russian Federation (intentional infliction of moderate harm to health) and Article 111 of the Criminal Code of the Russian Federation (intentional serious harm to health).
  Everything is the same here except the degree of harm (medium and severe). Such cases are called related, since the Criminal Code contains many related crimes, therefore, differentiation on this basis rarely occurs.
• The presence of one or more common characteristics.

  
  Let's give this example: Article 114 of the Criminal Code of the Russian Federation (moderate or serious bodily injuries that were inflicted when measures were exceeded during detention) and Article 115 of the Criminal Code of the Russian Federation (minor bodily injuries inflicted intentionally). Article 114.

Bodily injury resulting in death

Related norms of law and cases from practice The crime described in Part 4 of Article 111 is often confused with murder or causing death by negligence. Article 105 If in case of careless death resulting from intentional injury to the victim’s health grievous harm, there are two forms of guilt: intent in relation to injuries and negligence in relation to death, then in case of murder there is only one form of guilt - direct or indirect intent.

In other words, the criminal wants to kill a person or does not exclude such a possibility. Most often, it is possible to distinguish between these crimes only by analyzing the means used by the attacker and the entire course of events.

Let's give an example. Example. Citizen G. grappled with victim K. and during the fight repeatedly hit him on the head with a flashlight (!). The wounds turned out to be severe, so the next day K.
died. G. had no intention of killing K.

Infliction of grievous bodily harm resulting in the death of the victim through negligence

• Intentional causing grievous bodily harm committed when exceeding the limits necessary defense, is punished correctional labor for a term of up to one year, or by restriction of freedom for a term of up to one year, or forced labor for a term of up to one year, or imprisonment for the same term.
• Intentional infliction of serious or moderate severity harm to health committed while exceeding the measures necessary to detain a person who committed a crime, is punishable by correctional labor for a term of up to two years, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term .
There's only one here general criterion: harm to health. There are many differences: intent, degree of harm to health, etc.

Causing grievous bodily harm resulting in death by negligence

The Criminal Code of the Russian Federation establishes punishment for serious harm to health resulting in death. According to it, liability arises if death occurred due to negligence.
For example, a car driver hit a pedestrian and he died in the hospital from his injuries. Causing bodily injury resulting in death - consequences In accordance with Part 4 of Art. 111 of the Criminal Code of the Russian Federation, punishment for serious injuries that caused the death of a citizen through negligence will result in:

• imprisonment for up to 15 years;
• restriction of freedom for up to 2 years.

The degree of punishment is affected by:

• nature of damage;
• relationship between victim and offender;
• circumstances of the incident.

Important! The specified article of criminal legislation Judicial authority can be used in the case when the actions of the violator will entail precisely the intent to cause a person to lose health, and not the goal of killing him.

Last updated March 2019

When death results random actions another person, in jurisprudence this is called negligent causing of death. The experiences of someone through whose fault a person died are understandable, since a tragic coincidence of circumstances is always unexpected and has a shocking effect. But how can we understand that the actions were not intentional and that murder is not hidden behind the version of careless causing of death? There are many examples in theory and practice when these crimes different categories border each other so closely that even experienced practicing lawyers find it difficult to make an unambiguous conclusion about one or another qualification.

Murder is a crime against one’s own kind (Article 105 of the Criminal Code of the Russian Federation)

They can decide to kill various reasons, but not one of them is justified and cannot exempt from responsibility, since the deprivation of human life has always been and will be brutal crime. A typical murder, qualified under Part 1 of Art. 105 of the Criminal Code of the Russian Federation, usually looks like this:

Example: Dmitriev K., Korobov M., Reztsov P. were drinking alcoholic drinks, as a result of a conflict between Dmitriev K. and Reztsov P. the latter grabbed kitchen knife and stuck it right in left side chest of Dmitriev K. As a result of the damage caused, Dmitriev K. died on the spot.

This is what a “textbook” example of murder looks like, which means quite simple steps: decided to deal the killing blow, took the first suitable weapon and did it. Usually under Part 1 of Art. 105 of the Criminal Code of the Russian Federation classifies murders out of hatred, jealousy, while drinking alcohol, etc. A blow that clearly indicates that the perpetrator should have foreseen the lethal outcome corresponds to the intentional infliction of death, that is, murder as legal term criminal law.

How would the law be applied if, in the same example we gave, Reztsov P. stabbed Dmitriev in the side, seriously damaging his liver? Suppose the victim was provided health care, but despite this, he died in the hospital without regaining consciousness on the fifth day after the injury. Lawyers believe that in this case there is infliction of grievous bodily harm through negligence, resulting in death. The situation, of course, is controversial, but if you establish the intent of the accused - whether he wanted or thought about the possible occurrence of death (Article 105 of the Criminal Code of the Russian Federation), or just wanted to beat him, he did not want the beaten person to die (Part 4 of Article 111 of the Criminal Code of the Russian Federation) .

He hits intentionally, but does not want death (Article 4, 111 of the Criminal Code of the Russian Federation)

In the theory of criminal law, the actions of someone who causes bodily harm, as a result of which the victim died, are almost always classified under Part 4 of Art. 111 of the Criminal Code of the Russian Federation. By default, it is believed that when beating a person without using piercing and cutting objects (knives, rods, axes, etc.), as well as heavy blunt ones (stones, bricks, etc.), the perpetrator could not foresee the result of his actions in form of death. Is it really?

Suppose three people beat a fourth with their feet and hands. The beaten person lies on the ground, cannot get up, feeling worse and worse every minute, does not resist, because he does not have the strength to do so. With a high degree of probability, the actions of the criminals will be classified as causing grievous bodily harm. If the victim dies as a result of beating, then this is part 4 of Art. 111 of the Criminal Code of the Russian Federation, since the occurrence of death was not covered by the intent of the beating.

Sometimes experienced practitioners do not agree with this qualification, believing that a severe beating cannot but imply the possibility fatal outcome. So, this opinion is especially weighty if:

• the perpetrators significantly exceed physical indicators: they are larger in number, they are well physically prepared, much stronger than the victim, who is constitutionally thinner and weaker, significantly shorter than the attackers;
• the victim has any disease, affecting the general physical state, about which the criminals were aware;
• when they beat up a tied up, exhausted man torture;
• the deceased was a minor or, conversely, an elderly person;
• if a disabled person or someone with a certain physical handicap was beaten, significantly reducing the ability to fight back against offenders.

In the listed situations, when there is a clear superiority of the attackers’ power, many theorists are convinced of the crime of “murder,” pointing to the presence of direct or indirect intent to take life, and not just to cause bodily harm.

At the same time, in judicial practice Such cases of murder are extremely rare - basically, the actions of criminals are interpreted under Part 4 of Art. 111 of the Criminal Code of the Russian Federation. The motives for making such decisions are associated with the difficulty, and sometimes even the impossibility, of specifying the intent of the beating people - in other words, their intentions are uncertain.

Indeed, even in cases of confession of guilt and a detailed story, the perpetrators cannot say exactly what they expected when inflicting many brutal blows, and what consequences they foresaw. Often during interrogation, the accused say that they beat them and knew that the victim would be hurt and that there might be some kind of injury, which no one specifically expected.

Judicial practice has long been following the path of interpreting all doubts in favor of the convicted, therefore inability to specify intent when brutal beating may rarely amount to murder, almost always causing grievous bodily harm resulting in death due to negligence.

Article 109 of the Criminal Code of the Russian Federation: causing death by frivolity

This article provides for liability for causing death by thoughtlessness (foresaw the consequences, but thought it would be okay) or negligence (did not foresee, but should have foreseen) - this is a completely careless crime, examples of which may be the following situations:

Examples

• The thief ran out of the store and is hiding from the guards, running away along the city street. A grandmother was walking towards him, whom he pushed away to “clear the way for himself.” Granny hit a cast iron pole hard and received a concussion from which she died;
• the trolleybus smoothly approached the stop, observing all traffic rules. A curious passenger, who suddenly looked out onto the road to see the number of the next trolleybus, was hit in the temple by the mirror of an approaching trolleybus. The victim died on the spot;
• workers were repairing taps in the city sewer, opened the hatch without making sure environmental safety. One of the unwary passers-by fell into the sewer, injuring his head, and subsequently died;
• the doctor performed the operation correctly, but the anesthesiologist did not study the patient’s medical record, which indicated the presence of allergic reactions of the patient to lidocaine. As a result of an incorrectly selected medication and anesthesia, the man died.

You can continue to list examples of Art. 109 of the Criminal Code of the Russian Federation, where the main circumstance must be the absence of direct or indirect intent not only for death, but also for any damage and harm in general. It is Article 109 of the Criminal Code of the Russian Federation that calls for law enforcement practice ambiguities in the distinction between murder and grievous bodily harm resulting in the death of a person.

Problems of distinguishing careless death from other crimes

The most problematic cases are those in which there is a single blow, after which the person falls, hits a ledge, curb, sidewalk, furniture and dies. In such situations, the examination often contains conclusions about the insignificant severity of the injuries caused by the blow, which in themselves could not cause lethality. It is clear that the cause of death is the damage received during a fall (hitting the sidewalk, ledge, etc.), but surely the person would not have fallen if he had not been hit? It turns out that without the intervention of the one who struck, death would not have occurred.

A typical example became a high-profile case against the world champion in martial arts Mirzaev, who was convicted in 2012 under Part 1 of Art. 109 of the Criminal Code of the Russian Federation for striking the victim Agafonov, the latter fell and hit his head on a sewer grate, receiving damage in the form of a serious traumatic brain injury. Agafonov died several hours later.

The opinions of criminal law specialists were equally divided: some of them agreed with the verdict and qualifications, others vehemently criticized it. The arguments of the latter were that a champion of this level should have understood that the force of his blow greatly exceeded the similar action of an ordinary statistical citizen, because after it Agafonov instantly fell backward, without even having time to coordinate his motor functions and soften the blow, for example, by turning his body . Many lawyers believe that in this case Mirzaev foresaw that his blow would cause at least serious harm to health or cause a sharp fall onto the plane. Theorists see in such a situation not a direct, but an indirect cause-and-effect relationship between the actions of the unfortunate striker and the fatal outcome. Some scientists regard such actions of an athlete trained in the “deadly blow” to professional level, absolutely intentional actions that meet the qualifications under Article 105 of the Criminal Code of the Russian Federation.

To others a shining example controversial qualifications is the case against Smirnov, who was initially charged under Part 4 of Art. 111 of the Criminal Code of the Russian Federation. Smirnov was accused that, as a result of a conflict with his wife, he hit her in the face, several times on the body, after which he picked her up and threw her forcefully against the wall, against which she hit and died the next day. The examination established grievous bodily injuries internal organs which resulted in death. I wonder what appellate authority spoke out about Smirnov’s lack of intent to cause serious injuries and reclassified his actions under Art. 109 of the Criminal Code of the Russian Federation. Subsequently, the Supreme Court overturned previous solution, motivating the presence of this intent by the very nature of the injuries: they were multiple and almost all had a sign of danger to life. As a result, it was concluded that the perpetrator had great force and used it in the knowledge that there would be consequences. As a result, Smirnov was punished under Part 4 of Art. 111 of the Criminal Code of the Russian Federation.

Restriction criteria

The main signs of distinguishing between murder, causing death by negligence or Part 4 of Art. 111 of the Criminal Code are to establish the intent of the perpetrator:

• if serious bodily injuries are caused intentionally and the consequences in the form of death are not included in the thoughts of the criminal, then in the event of a death his actions correspond to Part 4 of Art. 111 of the Criminal Code of the Russian Federation;
• if the blow is not strong, single (sometimes it can be double, usually no more) and clearly corresponds slight harm health (an expert will speak out more precisely), but for some reason the person dies, then the actions of the culprit comply with Art. 109 of the Criminal Code of the Russian Federation;
• if the blows are delivered to the vital important organs, with sufficient force to create a danger to the life of the victim, while guilty person refers to possible consequences no matter we're talking about about murder.

What is the punishment for the death of another person

Of course, the most severe punishment The legislator provided for intentional causing of death:

• when there is a “simple” murder (that is, without additional signs) – up to 15 years in prison;
• if two or more people die, the potential punishment increases up to 20 years imprisonment. The same amount is provided for the murder of a minor, a pregnant woman, a group of persons, etc.
• for serious bodily injury resulting in death due to negligence, the perpetrator may receive up to 15 years in prison- This maximum term according to Part 4 of Art. 111 of the Criminal Code of the Russian Federation;
• if it is indisputably established that death was caused by negligence, but upper limit Article 109 of the Criminal Code of the Russian Federation provides as punishment two years of imprisonment, with the courts often ordering a suspended sentence.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article if you similar question If there is a detailed answer, your question will not be published.

One type of crime against life and health is causing death by negligence. In its own way legal essence this type has distinctive features from other criminal acts of this category. The line between causing death intentionally and recklessly is very thin. Therefore, when investigating a crime, attention should be paid to the objective and subjective aspects, which allow the act to be correctly classified.

Causing death by negligence

Causing death by negligence is an action or inaction without intent that results in the death of another (or others) person.

Distinctive features of negligence from indirect intent:

An act committed through negligence	An act committed with indirect intent
The perpetrator foresaw or should have been aware of the possibility of negative consequences, but frivolously assumed that they would not occur	The perpetrator was aware of the onset of negative consequences, did not want or was indifferent to what was happening
Lack of intent to deprive another person of life	Absence of direct intent to take life, but internal assumption of such a consequence
The perpetrator did not expect death to occur or thought that the consequences would not occur	The perpetrator deliberately desired the occurrence of negative consequences
Example: during an argument, a woman threw an iron out the window, which fell on a passerby. Pedestrian died from impact	Example: during a house burglary, criminals tied up the owner of the apartment and inserted a gag into his mouth. The property owner died as a result of suffocation

Corpus delicti

Subject of the crime: a person over the age of 16, mentally competent, that is, capable of realizing and being responsible for his actions. Under the second part of Article 109 of the Criminal Code, prosecution is carried out special subject, that is, a person vested with certain professional responsibilities. Murder by negligence in this case is committed as a result of a person’s failure to fulfill duties, provided for by the agreement, regulations, rules, instructions, etc.

To prosecute a person guilty of negligent attitude towards his duties resulting in the death of a person, the following conditions must be met:

• the presence of rules and responsibilities that a person, in connection with his official position had to fulfill;
• familiarization with the rules against signature;
• ability to carry out instructions and responsibilities.

The subjective side is expressed in the form of carelessness or negligence. Criminal frivolity- this is a prediction of negative consequences, but an arrogant assumption that they will not occur. For example, a person begins to labor activity without certain qualifications (provides false documents), as a result of this another person dies.

Important: a crime is considered committed through negligence if the person does not foresee the occurrence of negative consequences, but when due diligence can foresee them. For example, a person throws out an unextinguished cigarette butt on the street, which ends up in a tank not with water (as the smoker thought), but with gasoline. The explosion kills one adult and a child.

Liability under Part 2 of Art. 109 of the Criminal Code is excluded in the following cases:

• The occurrence of death is not related to the performance of certain duties.
• Violation of the rules is associated with a state of extreme necessity.
• If the execution of certain rules and instructions was assigned arbitrarily, erroneously or forged documents. In this case, the crime is qualified under the first part of the article.

The object is public relations against whom the criminal act is directed. In a broad sense, the object includes human rights and freedoms, public safety and order, environment, constitutional order countries, peace and security of mankind, actions to prevent crimes.

The objective side is actions or inactions expressed in the form of violation of official duties or rules developed in society, resulting in the death of a person. The corpus delicti is material, that is, the death of the victim must occur. Causality is also taken into account. For example, if the victim, as a result of the negligence of another person, was hospitalized with a concussion, but died from a progressive cancerous tumor, then the article on manslaughter does not apply in this case.

Qualification

Qualifying features manslaughter are:

• Failure to comply professional responsibilities, which led to death.
• The number of victims is from one to several people.

Important: if the consequences of criminal acts are similar, it is applied special article. For example, violation of rules at facilities nuclear energy qualified under Art. 215 of the Criminal Code, and not according to 109 of the Criminal Code of the Russian Federation.

Article

Manslaughter committed through negligence is qualified under Art. 109 of the Criminal Code of the Russian Federation. Parts two and three of this article provide for qualifying compositions:

• Causing death as a result malpractice(part 2).
• Offensive negative consequences, expressed in the form of death of 2 or more persons (part 3).

Punishment for murder by negligence

For careless causing of death under the first part of Art. 109 of the Criminal Code are provided the following types punishments:

• correctional labor for up to 24 months;
• restriction of freedom up to 2 years;
• work coercive nature up to 24 months;
• imprisonment for up to 2 years.

In case of prosecution under the second part of Art. 109 CC:

• restriction of freedom up to 36 months;
• forced labor for up to 3 years with deprivation (or without) of the opportunity to work in a certain position for a period of up to 36 months;
• imprisonment for up to 3 years and the right to hold a certain position for the same period or without it.

The third part of Art. 109 CC:

• restriction of freedom up to 4 years;
• forced labor for up to 4 years;
• imprisonment for up to 4 years and the right to engage in certain activities for a period of up to 3 years or without it.

Problems of distinguishing unintentional murder from other crimes

Possible problems when qualifying a crime:

1. Determination of the motive of the perfect criminal act. Causing death by negligence is possible only through thoughtlessness or negligence. In all other cases, when there is intent (direct or indirect), the person cannot be held liable under Art. 109 of the Criminal Code of the Russian Federation. In case of imputation of Art. 105 of the Criminal Code, qualification changes to Art. 109 of the Criminal Code, if it is established that there is no intent to commit a crime.
2. Limitation of the composition of Art. 109 of the Criminal Code from Part 4 of Art. 111 of the Criminal Code of the Russian Federation. In judicial practice, beating without additional weapons (knife, stick, stone, etc.), resulting in death, is qualified under Article 111 of the Criminal Code. The occurrence of death is not covered by the intent of the perpetrator. Some legal practitioners hold a different point of view, believing that in certain situations There is still intent to cause death. This is clearly evidenced by the following facts:
   • the perpetrators exceed the victim in strength and number;
   • the presence of a disease in the deceased person that affects the general well-being if the criminals are aware of this;
   • beating of a person exhausted from preliminary torture;
   • the victim is a minor or a pensioner.

In such situations, the distinction is made as follows:

• Part 4 of Art. applies. 111 of the Criminal Code, if the intent is aimed only at causing bodily harm. For example, an ordinary fight between two drunk people.
• Art. applies. 109 of the Criminal Code, if the blow inflicted is single and light, but due to certain circumstances death occurs. For example, the perpetrator pushes away the victim, who falls on a pin and dies.
• Art. applies. 105 of the Criminal Code, if the blows are delivered purposefully to vital organs with the aim of depriving a person of life.
• Application special norm law. For example, in the event of the death of a pedestrian in result of an accident Art. applies 264 of the Criminal Code of the Russian Federation.

Thus, prosecution for causing death by negligence is carried out under Art. 109 of the Criminal Code of the Russian Federation. Its distinctive feature is the lack of intent to commit the act, expressed in frivolity or negligence.

Causing grievous bodily harm resulting in death by negligence

Inflicting grievous bodily harm resulting in the death of the victim through negligence can result in a sentence of 5 to 15 years. IMPORTANT! The severity of the sentence depends on whether there were aggravating features (described above) and whether the perpetrator of the crime had a criminal record. How to prove that death was caused by negligence? In order not to have to answer for murder, it is necessary to prove that the death occurred due to negligence. To do this, you need to collect a database of evidence, which includes:

• witnesses who can confirm that the damage was not inflicted with the intent to take a person’s life;
• recordings from CCTV cameras, car recorders, etc.;
• other evidence, if any.

After they are collected, they will need to be submitted to the investigation and await a court decision.

Causing grievous bodily harm resulting in death

Alas, intentional infliction of harm resulting in death is not uncommon, but a frequent crime in the environment low-income citizens, which is what the following video will tell you about: Punishment for intentionally causing grievous bodily harm resulting in death

• For damage resulting in death, liability begins at the age of 14, since its consequences are very serious.
• Depending on the presence of other qualifying features, an attacker convicted under Part 4 of Article 111 (deliberate infliction of bodily harm resulting in death) may be sentenced to a maximum of 15 years in prison.
• In some cases prison term supplemented by two years of restriction of freedom

The crime of causing grievous bodily harm resulting in death should be distinguished not only from an unintentional act, but also from other adjacent trains, which will be discussed below.

Forbidden

• Restriction of freedom as the main punishment was awarded to 4 people, correctional labor to 3 people, compulsory work one person.
• The main penalty was awarded to only one person.
• 119 people were sent for treatment, property was confiscated from five people, and 8 people were acquitted.
• The criminal case was terminated on other grounds in 52 cases, coercive measures awarded to 220 people.
• A fine of additional punishment 23 people received restrictions of freedom, 271 people received restrictions. Accounted for extenuating circumstances in 5699 cases, and aggravating in 3162 cases.

Composition of the crime Composition of the crime: subject, subjective side, objective side and object.

Article 111. intentional infliction of grievous bodily harm

Attention

According to the Criminal Code of the Russian Federation, only a forensic examination will help identify the level of severity of the damage that was caused to the victim. The following types of damage are distinguished:

• Bodily injuries with severe consequences.

Here are noted those injuries that in frequent cases lead to the death of a person.

Bodily injury with other consequences. This may include damage to health in the form of loss of vision, hearing or speech, as well as loss of body parts (arms, legs, etc.).

d.).

Signs of a crime Article 118 of the Criminal Code of the Russian Federation, like the rest in this code, has a certain structure. Heavy application health damage is divided into several components:

• Subjective side.

  
  Factors that led to harm caused by negligence: excessive self-confidence, inattention, devil-may-care attitude to what is happening.

• Objective side. According to Art.

118 of the Criminal Code of the Russian Federation. causing grievous bodily harm through negligence

Intentional infliction of grievous bodily harmParagraph 4 Acts provided for in parts one, two or three of this article, which through negligence resulted in the death of the victim, are punishable by imprisonment for a term of up to fifteen years, with or without restriction of freedom for a term of up to two years. Ship Statistics general jurisdiction In the Russian Federation, 9,211 people were convicted in the first six months of 2015.

• 6,673 people were deprived of their freedom, one person was deprived of their freedom for life.

  169 people received up to a year in prison, 713 people received from one to two years, 951 people received from two to three years, 1,619 people received from three to five years of imprisonment, 1,959 people received from five to eight years, 927 people received from 8 to 10 years, from 10 to 15 years for 323 people, from 15 to 20 years for 11 people, from 20 to 25 years for one person. Probation 2515 people received it.

Bodily injury resulting in death

Info

People often resort to using physical strength. Anger and the desire to punish the offender force one to attack him with fists.

In principle, in causing grievous harm to the victim, the offender may be guided by the same motives, use the same means or resort to the same methods as when deciding to kill him. In this sense, the distinction between premeditated murder, negligent homicide and intentional application grievous bodily harm resulting in the death of the victim.
Dear readers! Our articles talk about standard methods solutions legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right.

Infliction of grievous bodily harm resulting in the death of the victim through negligence

The same acts committed: a) against a person or his relatives in connection with the implementation by this person official activities or the performance of a public duty; b) in relation to a minor or another person who is known to be in a helpless state by the perpetrator, as well as with special cruelty, humiliation or torture for the victim; (clause “b” as amended by Federal Law No. 215-FZ of July 27, 2009) (see text in the previous edition) c) in a generally dangerous manner; d) for hire; e) from hooligan motives; f) for political, ideological, racial, national or religious hatred or hostility or based on hatred or hostility towards any social group; (P.
"e" in ed. Federal Law of July 24, 2007 N 211-FZ) (see text in the previous edition) g) for the purpose of using the victim’s organs or tissues; (as amended by Federal Law No. 227-FZ of July 21, 2014) (see.

Causing grievous bodily harm resulting in death by negligence

Intentional infliction of serious harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of organ functions, termination of pregnancy, mental disorder, disease of drug addiction or substance abuse, or expressed in permanent disfigurement person, or causing significant permanent loss general working capacity by at least one third or complete loss of professional working capacity, known to the perpetrator, is punishable by imprisonment for a term of up to eight years. (as amended by Federal Law dated 03/07/2011 N 26-FZ) (see text in the previous edition) (part one as amended.

Federal Law of June 25, 1998 N 92-FZ) (see text in the previous edition) 2.

Causing grievous bodily harm resulting in the death of a person through negligence

The dishonesty of a citizen lies in the fact that he cannot foresee an incident, but he has the power to avoid it. of this event. This feature exists in those areas where the responsibility to foresee the consequences of one’s own inaction is assigned legislative acts or job description. Let's look at an example. The driver of the regular bus did not check the serviceability of the transport before leaving, so an accident occurred emergency situation, resulting in serious injury to passengers (in worst case- death). But if the driver had checked everything and had not been negligent in his duties, nothing would have happened.

Important

Arrogance and inattention are expressed in the fact that the criminal party foresees the consequences, but nevertheless carries out actions, relying on their supposed knowledge and skills. This also includes the citizen’s reliance on the help of other persons or factors.

Intentional infliction of grievous bodily harm resulting in the death of the victim through negligence

• restriction of freedom up to 48 months;
• forced labor for up to a year with deprivation of the right to work in certain areas;
• arrest for up to 12 months with deprivation of the right to work in certain areas or engage in certain types of activities for up to three years.

According to Federal law No. 163-FZ of December 8, 2003, part 3 and part 4 of Art. 118 of the Criminal Code of the Russian Federation have lost their force. Explanations to Article 118 of the Criminal Code of the Russian Federation Referring to the provisions of Art. 118 of the Criminal Code of the Russian Federation, comment 1 refers to the Rules for determining the level of severity of damage that was caused to human health. It is described in detail in Article 111 of the Criminal Code of the Russian Federation. Comments 2 and 3 indicate the objective and subjective aspects of the crime. Here, the fundamental factors are inattention and arrogance of the guilty party, which is detailed in the comments to Art. 109 of the Criminal Code of the Russian Federation.

1. Causing death by negligence -
shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

2. Causing death by negligence due to improper execution face of his professional duties -
is punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to three years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

3. Causing death by negligence to two or more persons -
shall be punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary on Article 109 of the Criminal Code of the Russian Federation

Causing death by negligence in current legislation highlighted in independent composition crimes. The characteristics of the object of this crime are identical to the characteristics of the main element of murder discussed above.

The objective side is expressed in the act in the form of action or inaction, consisting of a violation of the rules of household or professional precautions, consequences in the form of the death of the victim and causation between them. Responsibility for “gross negligence” (violation of the rules for handling weapons, hunting rules, etc.), which included real danger for human life, but not actually leading to death, Art. 109 of the Criminal Code of the Russian Federation is not provided for.

To qualify the offense under Art. 109 of the Criminal Code of the Russian Federation and the delimitation of careless causing of death from other crimes, it is important to establish that the death of the victim occurred precisely as a result of careless actions that were not objectively aimed at taking life or causing serious harm to health, which is established based on the instruments and means of committing the crime, the nature and localization of injuries, relationships between the perpetrator and the victim and other circumstances of the case. Practice establishes signs of careless infliction of death in striking the head with a fist in a fight, in careless introduction into the body of the victim toxic substance instead of medicine, in the actions of a dog breeder who unleashed guard dogs nearby settlement, V gross violation rules for handling weapons, etc.

The subjective side of the crime under Art. 109 of the Criminal Code of the Russian Federation, is characterized by guilt in the form of negligence. When committing a crime out of frivolity, the perpetrator foresees that as a result of his act the death of the victim may occur, but he arrogantly hopes to prevent it. When committing a crime through negligence, the perpetrator does not foresee the possibility of death, although according to the circumstances of the case he should have and could have foreseen.

When qualifying a crime according to subjective characteristics It is very difficult to distinguish between murder with indirect intent and causing death due to frivolity. The main difference is seen in the absence in the case of intent and the presence in the case of negligence of a specific, objectively justified calculation to prevent consequences; in addition, in the case of murder, the perpetrator foresees the likelihood of death from own actions, and in case of negligence - the possibility of death in a similar situation.

An incident should be distinguished from careless causing of death - innocent cause harm when the person did not foresee, should not have and could not foresee the possibility of consequences in the form of death (see commentary to Article 28 of the Criminal Code of the Russian Federation).

The subject of causing death by negligence is a physically sane person who has reached the age of sixteen; criminal liability persons aged fourteen to fifteen years for this act excluded. The subject is general.

The qualifying signs of causing death by negligence are: causing death due to improper performance of professional duties and causing death to two or more persons (parts 2, 3 of Article 109 of the Criminal Code of the Russian Federation).

Improper performance of professional duties means a deliberate or careless violation by a person of official requirements and standards for his professional practice. To qualify, it is necessary to indicate exactly what the violation of the implementation rules was. professional activity and whether this disorder is causally related to the consequence of death.

Subjective side this crime defines a careless attitude to the consequences if a person violates professional rules. If the violation of the rules was a way of implementing the intent to deprive the victim of life, the act must be qualified as murder (clause 4 of the Plenum Resolution Supreme Court RF dated April 23, 1991 No. 1 “On judicial practice in cases of violations of labor protection and safety rules in mining, construction and other works”).

The subject of this crime is a special one - a person who, by virtue of his profession, is obliged to comply with certain rules and standards. Responsibility of a special subject under Part 2 of Art. 109 of the Criminal Code of the Russian Federation is excluded if: a) the consequence in the form of death occurs if professional standards from other reasons; b) if the violation of professional rules is caused by considerations emergency or reasonable risk; c) if, in violation of professional rules, the person did not and should not have foreseen the possibility of consequences in the form of death. If compliance special rules professional activity was assigned to a person erroneously, on false grounds or arbitrarily, without proper permission, then a violation of these rules, resulting in death by negligence, cannot be qualified under Part 2 of Art. 109 of the Criminal Code of the Russian Federation, which does not exclude liability under Part 1 of Art. 109 of the Criminal Code of the Russian Federation, if the person’s act consists of violating the norms and rules of precaution general, which objectively and subjectively could be observed by him.

Part 2 Art. 109 of the Criminal Code of the Russian Federation is general norm in relation to some other provisions of the law (part 2 of article 124, part 2 of article 215, etc. of the Criminal Code of the Russian Federation), and therefore possible competition due to the requirements of part 3 of art. 17 of the Criminal Code of the Russian Federation should be resolved in favor of a special norm.

Causing death by negligence to two or more persons means the actual deprivation of life of more than one victim, and it does not matter whether the acts are committed simultaneously or at intervals in time. The infliction of death by negligence on one victim and grievous bodily harm on another must be qualified if there are grounds for this based on the totality of crimes provided for in Part 1 or 2 of Art. 107 and part 1 or 2 art. 118 of the Criminal Code of the Russian Federation.

Careless causing of death in a number of articles of the Special Part of the Criminal Code of the Russian Federation is provided as a qualifying element of the crime (for example, Part 3 of Article 131, Part 3 of Article 205, etc. of the Criminal Code of the Russian Federation). In other crimes, careless causing of death may be characterized by such a qualifying feature as the occurrence of grave consequences. In these cases, causing death is covered by a compound crime and additional qualifications under Art. 109 of the Criminal Code of the Russian Federation does not require it. However, if such a qualifying feature is absent, the offense is subject to assessment based on the totality of crimes. So, if as a result careless handling with a fire that resulted in the destruction or damage of someone else's property, the death of a person occurred, the actions of the perpetrator must be qualified collectively as causing death by negligence and destruction or damage to property by negligence (clause 11 of the Resolution of the Plenum of the Supreme Court Russian Federation dated June 5, 2002 N 14 “On judicial practice in cases of violation of rules fire safety, destruction or damage to property by arson or as a result of careless handling of fire").

Due to the careless nature of the crime as part of the crime provided for in Art. 109 of the Criminal Code of the Russian Federation, complicity in it is impossible. The actions of the perpetrator, although they did not directly cause the death of the victim, but were expressed in the creation by negligence of conditions that contributed to the infliction of death on the part of a third party, are subject to qualification as careless infliction of death.

Another comment on Article 109 of the Criminal Code of the Russian Federation

1. Improper performance of professional duties by a perpetrator means behavior of a person that is completely or partially inconsistent official requirements or requirements imposed on a person.

2. If there is a special norm providing for liability for causing death due to improper performance by a person of professional duties, the special norm, and not the commented norm, is subject to application.