Article 118 of the Criminal Code "Causing serious harm to health through negligence"

Article 118 of the Criminal Code of the Russian Federation takes into account sanctions for persons who caused harm to other people. To qualify the acts under this article, the harm caused must be serious, and also committed by negligence.

What is harm

The damage to the human body involves causing bodily harm. These lesions can be expressed in violation of human anatomy, that is, the integrity of tissues and bones, as well as any functions of the body. In addition, the appearance of any disease, pathological conditions can be attributed to harm.

So, for example, a man who intentionally infected a woman with a venereal disease will be considered to have caused harm to the latter. The qualification of this act can be made not according to art. 118 of the Criminal Code of the Russian Federation, and on the other norm of the Criminal Code, depending on the nature and extent of the harm, as well as other circumstances of the case. But this example is necessary for understanding how harm can be done to health.

Examination of damage caused

The establishment of the level of severity of harm to the human body is entirely the responsibility of the forensic medical examination.

For injuries involving a serious degree of harm, such injuries are usually considered to be a direct threat to the victim at the time of their infliction, expressed in possible death.

Also distinguish bodily injuries, which pose a threat to the life of the injured person for their consequences. One of them is deprivation of sight, speech, and hearing. In addition, heavy damage to health can also be expressed in the loss of organs (for example, hands, feet, ear or other part of the body). In such cases it is considered that the victim's body has lost its functions and can not work as before.

Corpus delicti

Like all other crimes specified in the Criminal Code of Russia, the structure of serious damage to health by negligence consists of four signs. This subjective and objective side, the subject and, of course, the object.

The health of the victim appears to be a direct object in this kind of criminal act.

The subject of crime can only be a physical, necessarily sane person, whose age is not less than fourteen years.

The objective side of the act, established art. 118 of the Criminal Code of the Russian Federation, comments call the following. This side means actions of the accused (suspect, convicted), which he committed and having a cause-and-effect relationship with the harm caused. It should be noted that these acts can be expressed not only in the active actions of the offender, but also in his inaction. An example here is the situation where the offender did not give the appropriate order to his own dog, as a result of which the injured were severely injured.

Unlike the previous signs of the offense established by Art. 118 of the Criminal Code of the Republic of Kazakhstan, which are almost identical to a crime committed with direct intent (causing serious harm to health), the subjective side of the criminal act in question is quite different. It does not lie in the direct intent of the offender, but in the commission of a criminal act through negligence, that is, by self-reliance or negligence.

Negligence and arrogance

Carelessness in criminal law can be expressed in two forms. It's negligence and arrogance. The negligence of the criminal lies in the fact that he does not foresee the onset of a criminal result by his actions, but he was obliged and able to provide it. Usually such a duty of foreseeing consequences is imposed on a person by laws or official duties. For example, the bus driver went on a flight without checking the technical condition of the units, as a result of which the transport hit the road accident. Here the driver did not know and did not want the accident to happen, but if he had performed his duties, checked the state of transport, then the accident would not have happened.

Frivolity or arrogance are expressed in anticipation of a criminal result. At the same time, the offender believes that he can prevent such a result by means of his skills or abilities. He can also expect that dangerous consequences will not come from actions of third parties or other factors. For example, the bus driver went on a flight with a faulty braking system, hoping that nothing will happen, thanks to his long experience and the ability to drive transport. But the accident did happen. Here there is a criminal arrogance.

Punishment

Sanction st. 118 of the Criminal Code suggests a maximum penalty for the first part in the form of arrest for up to six months. If the offense is committed by a person who improperly performed his or her direct duties, then the qualification of the offense will be made already in the second part. The maximum penalty for the second part is imprisonment for up to 1 year.