Penal Code defined the concept of - injury of moderate severity.It refers to injury that is not life threatening the victim, not the consequences entailed grave harm, but still became the cause of long-term health problems for more than 21 days, or substantial stable (less than one third) loss of general ability to work.
Article 112 of the Code provides for the intentional infliction of harm to criminal liability.For such a crime a person may be subjected to punishment - imprisonment up to 3 years.A sanction of the second part defines the term - up to 5 years.It is used in the case of an action (or inaction):
- against several persons (two or more);
- in respect of the person, his loved ones in the exercise of a service activity that is related to the performance of civic duty;
- with humiliation and suffering, cruelty;
- against a person who was in a helpless state (known by the perpetrator);
- in a group with prior agreement, an organized group;
- on racial, national grounds, because of religious enmity and hatred;
- of hooliganism;
- several times;
- a person who has previously caused serious harm, committed murder.
to determine the extent of the harm appointed forensic medical examination (examination).
Injury moderate severity evaluated by the following criteria:
1. there is no danger to life;
2. no consequences prescribed in Article 111 of the Criminal Code, that is, it's not serious harm;
3. health disorder is not long;
4. there is a persistent and significant loss (less than one-third) of the total disability.
Long disorder - are consequences of (temporary incapacity for more than 3 weeks), which arose due to an injury.Day hospitalization and day of discharge at the same time considered complete.
perpetrator (the person who may be held under this article) must be at least 14 years, or criminal responsibility, he can not be.The objective aspect is expressed in the wrongful causing another person harm moderate.
There is also administrative liability for personal injury of moderate severity.In particular, under Article 12.2 of the Administrative Code of the concept of harm is defined as long-term non-life-threatening disorder (violation) of health or persistent and significant loss of total disability (less than a third).
person harmed the health of medium severity, such as cracks and fractures of the small bones, ribs, loss of toes or fingers, dislocations in small joints, etc.
Due to the fact that the road is becoming more machines increases every day the number of accidents.Often, these accidents become a cause of death or bodily harm to health of a citizen.Guilty of this subject to liability under the law.For the average injury caused in an accident responsibility as provided in the administrative and the criminal code.Articles on which a person can be prosecuted for it previously indicated.In that case if you plead guilty, you must make amends for the harm to the victim, to give him medical treatment, to pay for physical damage.After that, he may speak in your defense in court, and the punishment will be minimal.If you do not accept the blame, it is better to provide medical aid, as it is a civic duty, but not to pay, as this may be regarded as an admission of guilt.It would not be superfluous, and assistance from a lawyer who tells you what to do in this situation.
criminal liability for violation of traffic rules and operation of transport, resulting in negligent infliction of harm, is excluded.The victim, if he caused moderate damage to health, shall have the right in this case to go to court with a claim for damages.
