Article 115 of the Criminal Code of the Russian Federation with comments and explanations

Article 115, part 1 of the Criminal Code establishesresponsibility for willful damage to mild health. Sanctions are applied in the event that the actions of the subject caused a short-term disorder of the body or a minor persistent loss of general working capacity. Let us further consider what is threatening for beating a person.

Article of the Criminal Code 115

Within the framework of the norm, different sanctions can be applied to the subject of the crime. For the acts envisaged by Article 115 of the Criminal Code, the punishment may be as follows:

1. Fine. Its value is from 50 to 100 minimum wages or equal to the income (wages) of the perpetrator for 1 month.
2. Obligatory work. Their duration can be from 180 to 240 hours.
3. Arrest for 2-4 months.
4. Corrective labor. Their duration can not be more than a year.

Article 115 of the Criminal Code: commentary

Deliberate damage to health in the lungsdegree is ascertained when, as a result of it, a short-term disturbance of the activity of the body's systems occurs, or the victim suffers a persistent but insignificant loss of general working capacity. That is, the victim for a certain short period loses the ability to carry out professional activities. These consequences can occur simultaneously.

The objective part

It is expressed in wrongful harmhealth of an easy degree to another person. Thus, the object of the crime, for which Article 115 of the Criminal Code of the Russian Federation provides for liability, is formed by public relations that ensure the safety of citizens' vital activity. The composition of the crime is formed by:

1. Socially dangerous behavior (inactivity / action).
2. A criminal consequence, expressed by causing damage to the victim's body in an easy degree.
3. Causal relationship, established between the act and the impending disability or disability.

Easy harm

According to para. 48, which is present in the rules of forensic medical examination on the severity of the injury, as a short-term disorder is a health disorder that is directly related to the damage and lasts no more than three weeks (21 days). Under insignificant, but persistent disability, we understand the loss of the opportunity to work, equal to 5%. This explanation is present in paragraph 49 of the above rules. The loss of a finger on the hand (except for the large or index), the weakening of the visual and auditory functions, multiple abrasions, bruising, etc., are attributed to the damage, for example,

Qualification

In the event of damage to health,which resulted in short-term, minor consequences that did not result in a short-term impairment of the body's functions, or there is a persistent but insignificant loss of ability to work, sometimes Article 115 of the Criminal Code of the Russian Federation may not apply. Poboi or torture is a more appropriate qualification of such acts (articles 116, 117). In this case, it is necessary to take into account the funds that were used by the criminal. For example, if he used suffocating gas, caused harm by using a narcotic substance, etc., the deed is not covered by the compositions of art. 116, 117. In this case, it is necessary to recognize as fair the revision of cl. 20 of the Rules of 1978 from the new provisions of 1996. The current medical examiners' norms in clause 48 include the concept of a short-term health disorder, dates that have only the maximum (up to three weeks) period, without specifying the minimum duration of the consequences (which could previously be 1 day).

Duration of the disease

When establishing the duration of the disordershould be guided by objective information that characterizes the severity of injuries caused, and not just a disability sheet. In determining the duration of the disease, the criterion is the necessary time for restoring health. If treatment is unreasonably prolonged or prematurely terminated, it is necessary to base not on the actual, but on the necessary time interval, which is established by specialists.

The subjective part

It is expressed in intentional guilt. Article 115 of the Criminal Code provides for both direct and indirect intent. As a rule, he is not specific in the crime (indefinite). Article 115 of the UKCRF is applied if it is proved that the perpetrator wanted to cause damage to the health of the victim in an easy degree, consciously admitted the probability of such consequences or had an indifferent attitude towards them. If the subject wished to cause death or serious harm, but, in circumstances beyond his control, failed to realize his intentions, the deed is qualified under the relevant rules (attempted murder or serious injury to health). Article 115 of the Criminal Code of the Russian Federation can be applied to acts committed by individuals who have reached the age of 16.

Conclusion

The commencement of production is carried out only onapplication of the victim. In case of his reconciliation with the guilty person, the matter is subject to termination. Some difficulties in practice arise when delimiting the act provided for in Art. 115, from hooliganism. Differentiation should in such cases be carried out depending on the direction and content of the intent of the offender, goals, motives, as well as the circumstances of the case. It must be assumed that the infliction of bodily injuries to the victim, if it did not entail a breach of public order, can not be considered hooliganism. In this case, the responsibility will come for an encroachment on health.