In densely populated Moscow, where thousands of people bump into each other every day in the metro, on crowded pavements and in queues, conflicts and physical contact are inevitable. Often it all ends with mutual apologies. But sometimes it does not: a person falls, breaks an arm or suffers some other injury. And here a natural question arises that torments both sides: "I accidentally pushed someone and they broke their arm — is that a criminal offence?" Many Muscovites who have never had dealings with the law enforcement system panic, believing that any harm to health automatically means a prison sentence.
In fact, the law provides a separate provision for situations where the person's guilt was not direct and the harm was caused by negligence. This is governed by Article 118 of the Criminal Code of the Russian Federation. Unlike intentional crimes, where the person wished the consequences to occur (Articles 111, 112 and 115 of the Criminal Code of the Russian Federation), here everything rests on accident. But does this mean there will be no liability at all? Not at all. The task of a competent lawyer is to classify the act correctly and prove that the injury was specifically caused by negligence.
For a resident of the capital it is important to understand that the initiation of a criminal case depends not only on the fact of the injury but also on the degree of harm, and on how exactly events unfolded. Attorney Yuri Ashotovich Arutyunov deals every day with cases in which the freedom and reputation of a person who by pure chance has been drawn into an unpleasant story are at stake. In this article we will examine in detail, step by step, what happens after an accusation of causing harm by negligence has been made, what action to take immediately, and how defence counsel can help.
Accident or negligence: understanding the concept of "negligence"
To understand whether you face criminal prosecution, you need to distinguish clearly between two types of negligence: recklessness and carelessness. Recklessness is when a person foresaw that someone might be hurt by their actions but presumptuously counted on preventing it. For example, if you decided to "play a joke" and push a friend on the ice, thinking they would keep their balance, but they fell and broke an arm. Carelessness, on the other hand, is when the person did not foresee the possibility of harmful consequences at all, although they should and could have foreseen them.
Let us consider a situation in Moscow conditions. You are standing on a metro platform at rush hour. Because of the crush you are involuntarily pushed, lose your balance and knock into an elderly person standing next to you, who falls and is injured. In this case there are no elements of a crime, since there was neither intent nor even negligence on your part — you yourself were a victim of circumstances. This is an accident. However, you will most likely have to prove this at the police station, where the participants in the incident will be summoned.
The picture is quite different if the conflict arose in a supermarket queue or while parking a car. If, angry at another driver, you pushed him and he fell, breaking his arm, the investigation will consider the version of intentional infliction of harm. Your task, and the task of your attorney in criminal cases in Moscow, is to have the charge reclassified from Article 112 or 115 to the more lenient Article 118, or to prove altogether that the fall and the injury were not directly connected with your push.
How Moscow law enforcement agencies classify such incidents
The police and the Investigative Committee in Moscow work under a heavy workload and often take the path of least resistance. If the victim is aggressive and files a report demanding that the offender be held liable, the inquiry officer may initiate a case under a more serious article so as "not to miss" a crime. That is why at the very first interrogation it is critically important to give evidence correctly, not to incriminate yourself and not to sign documents without consulting defence counsel.
Law enforcement officers will establish whether there was personal hostility between you, whether you struck any blows (even light ones), and whether you made verbal threats. Witnesses who confirm that your actions were unintentional (for example, you slipped on an icy road and knocked into a passer-by) will be a weighty argument. If there are no witnesses and it is the victim's word against yours, the situation becomes extremely dangerous. An attorney for Article 118 of the Criminal Code in Moscow should at this stage get involved in gathering evidence of your innocence or negligence, questioning eyewitnesses and requesting footage from surveillance cameras (intercoms, street cameras, dashcams).
Step-by-step guide: what to do if you are accused of accidentally causing harm
Imagine the situation: police officers come to your home, or you receive a summons requiring you to attend the police station in connection with bodily injuries. Panic is the first enemy. The second enemy is trying to prove you are right on your own without legal knowledge. In Moscow there are a great many cases where a clumsy movement or a fall led to the initiation of a criminal case, and only the intervention of professional defence counsel brought the matter to a close.
Below we set out a clear algorithm of actions for any resident of or visitor to the capital who faces such an accusation. Remember: 80% of the success of your defence depends on how you behave in the first 24–48 hours.
Stage zero: recording the incident and first aid
The most important rule is not to run away from the scene if the person has fallen and is in pain. Even if you think you are not to blame, leaving will be regarded as leaving someone in danger and an indirect admission of guilt. You need to call an ambulance and the police. Yes, it is frightening and troublesome, but it is the only way to record your good faith. When talking to doctors and police officers, do not say too much. Describe the event clearly and calmly: "I stumbled / I was pushed / I lost my balance and knocked into the person". Do not take the blame with phrases such as "I pushed him, I'm sorry". Legally, this may be regarded as an admission.
Stage one: calling an attorney before your first visit to the police
In Moscow, attorney services are available around the clock. As soon as you receive a summons or realise that the matter has been passed to the authorities, you need to find defence counsel. Under no circumstances go to an interrogation without an attorney. The investigator or inquiry officer will professionally "ask questions", recording your words in a way that suits the prosecution. You may say "I pushed him with my hand and he fell", and the record will read "struck a blow with the hand to the torso, as a result of which the victim fell". The difference is enormous.
A good attorney in criminal cases in Moscow does not simply attend the interrogation. The attorney helps you to formulate your thoughts, makes sure your rights are not violated, and puts questions to attesting witnesses and witnesses. The cost of legal services at this stage is incomparable with the consequences of incorrectly given testimony. It is better to spend money on defence straight away than to try to challenge the charge in court later.
Stage two: gathering evidence and working with the victim
In parallel with the procedural actions, defence counsel begins to gather the body of evidence. This is the key point that distinguishes professional defence from passive waiting. What is done:
- Finding witnesses: the attorney places notices, visits nearby shops, and questions caretakers and concierges to find people who saw the moment of the fall. Their testimony can confirm that you were not waving your arms or attacking but simply slipped.
- Requesting recordings: requests are sent to organisations that have outdoor surveillance cameras, to the State Traffic Safety Inspectorate (if it happened on the road) and to property management companies. A video recording is "cast-iron" evidence.
- Medical documentation: all certificates from the emergency trauma unit where the victim was treated are requested. It is important to understand that the fracture may have been old or pathological (for example, owing to brittle bones), and the fall merely coincided with it in time.
In addition, an experienced attorney in Moscow often works with the victim. If it was an accident and you are prepared to compensate non-pecuniary damage and pay for treatment, defence counsel may propose a settlement agreement. In some cases this makes it possible to terminate the criminal case on the basis of reconciliation of the parties, especially if it is the first such situation.
Court prospects under Article 118 of the Criminal Code in Moscow
If the case does reach court, you need to understand that the punishment under Article 118 does not involve actual imprisonment in a penal colony. The maximum punishment is restriction of liberty or forced labour. However, the very fact of a criminal record (even for negligence) has an extremely negative effect on your life: problems finding employment, inability to hold certain positions, a damaged reputation.
Judicial practice in Moscow in such cases varies. Judges carefully examine what the relationship between the people was before the incident. If you did not know each other before, you had no conflicts and the harm was genuinely caused by accident (for example, in a fall on black ice), the court may impose the minimum punishment or even release you from it by imposing a court fine. This is a new measure that makes it possible to close the case without a criminal record, but with payment of a certain amount to the state.
The danger of incorrect classification of the act
The greatest danger for the accused is the investigator's attempt to "stretch" Article 118 into intentional crimes. Why is this beneficial for the investigation? Because solving an intentional crime is a "tick" in the statistics. If they prove that you pushed the person, even slightly, but intentionally (for example, during a quarrel), and this push resulted in moderate or grievous bodily harm, the article may change to Article 112 or 111 of the Criminal Code of the Russian Federation, where the punishment is many times more serious, up to actual imprisonment.
This is where the role of the attorney in criminal cases lies. Defence counsel insists on a situational examination, which may confirm that the fall occurred not so much because of the push as because of the victim's own clumsiness (for example, they were wearing high heels or were intoxicated). The question of gross negligence on the part of the victim is also examined. If the victim was breaching safety rules, this may become grounds for releasing you from liability.
An example from practice (without personal data)
Imagine the situation: two Muscovites quarrelled over a parking space in a courtyard. One got out of his car, went up to the other and, according to the investigation, pushed him. The second man fell, hitting his arm on the asphalt, and was subsequently diagnosed with a displaced fracture. A case was initiated under Article 112 (intentional moderate bodily harm). At the first interrogation the suspect, frightened, admitted that he "pushed him because he was angry". The attorney, having studied the footage from the intercom cameras, saw that the victim had himself slipped on ice when getting out of the car and that contact with the accused's hand had been minimal. An examination was carried out which showed that the fracture was typical of a fall from standing height onto a hard surface rather than a direct blow. As a result, the charge was reclassified under Article 118 of the Criminal Code of the Russian Federation, and the case was terminated on the basis of reconciliation of the parties after the cost of treatment had been compensated. Were it not for the video recording and the work of defence counsel, the man could have received an actual criminal record for an intentional crime.
Common misconceptions among Muscovites about "accidental" injuries
In his practice, Attorney Yuri Ashotovich Arutyunov often encounters myths that prevent citizens from responding correctly to accusations. Let us consider the main ones so that you do not fall into the trap of your own misconceptions.
Myth 1: "If there is no intent, there is no liability"
This is a dangerous misconception. Article 118 of the Criminal Code of the Russian Federation expressly provides for liability for causing grievous bodily harm by negligence. Yes, the punishment is milder, but that does not release you from the obligation to answer before the law. If your negligence bordered on gross carelessness (for example, you pushed a person on the carriageway and they were hit by a car), there will be liability, and it may be very serious.
Myth 2: "You can simply not go to the police and it will all be forgotten"
In Moscow this will not work. If the victim has filed a report and has medical documents about the injury, the police are obliged to carry out a check. An order for your compulsory appearance will be issued, you will be brought in by force, and the fact of evasion will be an aggravating circumstance. This will turn an accident into a malicious offence.
Myth 3: "It is better to confess straight away so that you get less"
In criminal proceedings, a confession is just one piece of evidence. If there is no other evidence and you "confessed" under pressure or out of fear, the attorney will easily prove that it was self-incrimination. But if you admit something you did not do (an intentional blow), you will give the investigation a trump card against yourself. You should admit only what actually happened: a clumsy movement, accidental contact.
Myth 4: "An expensive attorney is not needed; a free one will do"
Free legal services exist, but they are provided by court appointment, often by novice or overloaded lawyers. In cases where freedom and reputation are at stake, it is better to hire private defence counsel who specialises in precisely such cases. The cost of attorney services in Moscow may vary, but saving on defence at a critical moment in your life costs far too much. A good attorney in criminal cases pays for their fee by saving your career, your family and your peace of mind.
A detailed look at the attorney's actions at each stage of the process
So that you understand what you are paying for when you hire defence counsel, we will describe in detail the stages of an attorney's work in cases of harm caused by negligence. It is not just "going to court"; it is a huge body of work that remains invisible to the client but determines the outcome of the case.
Pre-investigation check (KUSP)
At this stage there is no criminal case yet, only the materials of the check. The police question you, the victim and witnesses, and study the hospital certificates. The attorney takes part in the questioning (so that it does not turn into an interrogation) and writes motions to add evidence of your innocence to the file and to carry out additional checks. The aim is to obtain a decision refusing to initiate criminal proceedings owing to the absence of the elements of a crime. This is the best outcome. If the attorney gets involved late, the case will be initiated, and things will be harder from then on.
Preliminary investigation or inquiry
If a case has been initiated, the stage begins at which you become a suspect and then an accused. Here the attorney:
- Files motions for expert examinations (medical, biomechanical).
- Takes part in interrogations, protecting you from provocative questions.
- Examines the case file, looking for errors and inconsistencies in the investigation.
- Files challenges against investigators if they break the law.
- Negotiates with the victim on compensation for harm.
The trial
In court, an attorney for Article 118 of the Criminal Code in Moscow presents the line of defence: asks the victim questions to reveal their own negligence; examines defence witnesses; challenges the conclusions of expert examinations if they are doubtful; and argues that the crime was not intentional and that the harm was caused by negligence. In the closing arguments, defence counsel asks for either an acquittal (if there is no guilt), or a minimal punishment not involving imprisonment, or termination of the case in connection with reconciliation or the imposition of a court fine.
Liability for accidental harm: will there be a criminal record?
This is the most frequent question asked by clients. If the court does find you guilty under Article 118, the punishment may vary. But it is important to remember the possibility of release from criminal liability. Current legislation offers several mechanisms so as not to "brand" a person with a criminal record for an accident.
The first mechanism is active repentance. If you actively assisted in solving the crime (that is, you immediately told how everything actually happened, without concealing anything), compensated for the damage and made amends for the harm, the case may be terminated. The second is reconciliation with the victim, which we discussed above. The third is a court fine. This is a relatively new measure under which the court terminates the criminal case but imposes a fine on you. You pay it, but you do not acquire a criminal record. You are considered a person held liable for the first time.
For a Moscow resident who works for a large company or intends to join the civil service, the absence of a criminal record is critically important. That is why an attorney's legal services are aimed precisely at obtaining such a termination. Defence counsel will insist that reform is possible without actual punishment and that the crime was committed for the first time and by negligence.
Instead of a conclusion: the key points in brief
A situation in which you accidentally push someone and they are injured can happen to anyone in any district of Moscow. Do not let fear and ignorance of the law push you into taking the wrong steps. Do not leave the scene, do not admit guilt for intent, and do not try to come to an "informal" arrangement with the police. Your main tool of defence is a cool head and professional defence counsel.
Brief action plan:
- Record the incident (ambulance, police).
- Do not give evidence without an attorney.
- Contact defence counsel, who will assess the situation and begin gathering evidence.
- Consider compensating the victim for the harm with a view to reconciliation.
Remember: an accident is not a sentence but merely a circumstance that needs to be properly formalised in legal terms. Attorney Yuri Ashotovich Arutyunov and his team are ready to offer you qualified assistance, protect your rights and achieve the best outcome of the case in any court of the capital. Do not risk your future — entrust your defence to professionals.