Article 118 of the Criminal Code of the Russian Federation establishes criminal liability for causing grievous bodily harm by negligence. This is a crime of minor gravity, but it can seriously affect a person's life. Many people are bewildered: “I didn't mean it, how can this be?” In this case the law takes into account not the wish to cause harm, but whether the person should have foreseen the dangerous consequences of their actions and whether they could have avoided them.
A criminal defence attorney in Moscow, such as Yuriy Arutyunov, helps to make sense of the situation, gather evidence and build an effective defence. Seeking legal assistance in a criminal case early often makes it possible to achieve termination of the case or to mitigate the consequences.
What grievous bodily harm is under the law
According to the rules for determining the severity of harm to health, harm is recognised as grievous if it is dangerous to life or has resulted in:
- loss of sight, speech or hearing;
- termination of pregnancy;
- a mental disorder;
- indelible disfigurement of the face;
- a significant permanent loss of general working capacity of at least one third.
Such consequences may occur even without a direct intention to cause harm.
The difference between Article 118 and Article 111 of the Criminal Code of the Russian Federation
The main difference between Article 111 and Article 118 of the Criminal Code of the Russian Federation lies in the form of guilt. Article 111 covers intentional infliction of grievous bodily harm — when a person is aware of the danger of their actions and wishes the grave consequences to occur or consciously allows them.
Under Article 118 of the Criminal Code of the Russian Federation, liability arises for negligence: recklessness (the person foresaw the possibility of harm but presumptuously counted on avoiding it) or carelessness (the person did not foresee it, although they should and could have done so with due care). This fundamental difference affects the classification, the punishment and the possibilities for defence.
An attorney in cases under Article 118 of the Criminal Code of the Russian Federation helps to gather evidence of precisely the negligent form of guilt in order to prevent requalification under the more serious Article 111 of the Criminal Code of the Russian Federation.
Examples from judicial practice
In one case a driver violated the traffic rules without significantly exceeding the speed limit, but failed to notice a pedestrian on a crossing. The result was grave injuries. The court classified the actions under Part 1 of Article 118 of the Criminal Code of the Russian Federation, since there was no intent. In another case a doctor mixed up containers during a blood transfusion through inattention — this falls under Part 2 of Article 118 of the Criminal Code of the Russian Federation, relating to improper performance of professional duties.
The most common situations under Article 118 of the Criminal Code of the Russian Federation
Cases under this article are often initiated in the following situations:
- Road traffic accidents involving violations of the traffic rules without direct intent;
- Household injuries during repairs or while using tools or equipment;
- Accidents during sport or leisure where safety rules were not observed;
- Workplace injuries caused by violations of safety regulations;
- Medical errors that resulted in grave consequences.
In each case the investigation carefully examines whether the person could have foreseen the result.
Negligent harm to health in a road traffic accident
This is one of the most frequent categories. For example, a driver went through an amber traffic light, failed to give way and caused a collision. If the victim sustained fractures, concussion or other grave injuries, the actions may be classified under Article 118 of the Criminal Code of the Russian Federation. A criminal defence attorney studies dashcam recordings and expert examinations and helps to contest the degree of guilt.
Punishment under Article 118 of the Criminal Code of the Russian Federation
Part 1 of Article 118 of the Criminal Code of the Russian Federation provides for:
- a fine of up to 80 thousand roubles or in the amount of income for a period of up to six months;
- compulsory labour of up to 480 hours;
- correctional labour of up to two years;
- restriction of liberty of up to three years;
- arrest of up to six months.
Under Part 2 (improper performance of professional duties) the punishment is more severe: restriction of liberty of up to four years, forced labour or imprisonment of up to one year, with a possible ban on practising the profession.
The court takes into account mitigating circumstances: remorse, compensation for damage, reconciliation with the victim.
Reconciliation of the parties under Article 118 of the Criminal Code of the Russian Federation
Since this is a crime of minor gravity, the criminal case may be terminated in connection with reconciliation with the victim. The attorney helps to conduct the negotiations, prepare the documents and submit them to the court. This is one of the most effective ways of resolving the case.
How the investigation proves negligence
The investigating authorities rely on witness testimony, the results of forensic medical examination, video recordings and other evidence. The examination determines the mechanism of the injury and the degree of harm. What matters is whether the accused, exercising the necessary care, could have foreseen the consequences.
A defence attorney may put clarifying questions to the experts, request an additional examination or challenge the conclusions in court.
How to avoid criminal liability or mitigate it
To minimise the risks, it is important immediately after the incident to:
- record all the circumstances;
- not give testimony without an attorney;
- gather evidence that safety rules were observed;
- compensate the victim for the harm, if possible.
A professional criminal defence attorney in Moscow helps at the stage of verifying the crime report, which is particularly important.
Why it is important to contact an attorney at an early stage
At the stage of the pre-investigation check or the preliminary investigation, an attorney can influence the classification, gather exculpatory evidence and prevent arrest or other preventive measures. The services of a criminal defence attorney at this stage often make it possible to close the case or achieve requalification.
An attorney is available around the clock to help in difficult situations, especially when the case concerns Article 118 of the Criminal Code of the Russian Federation or related road traffic accidents.
How an attorney proves the absence of gross negligence
The defence involves analysing all the circumstances: the state of health of the accused, the situation at the scene, and whether the actions complied with norms and rules. Witness statements, technical examinations and character references are gathered. This helps to show that the harm occurred through a coincidence of circumstances rather than through gross negligence.
Consequences of a charge under Article 118 of the Criminal Code of the Russian Federation
Even with a suspended sentence or a fine, a criminal record may cause problems with employment, obtaining licences and travelling abroad. For doctors, drivers and teachers the consequences are especially serious — a ban on practising the profession is possible.
A good criminal defence attorney in Moscow helps not only in court but also at the stage of enforcement of the sentence and appeal, and also resolves related civil matters (compensation for damage, housing or inheritance disputes).
Judicial practice under Article 118 of the Criminal Code of the Russian Federation
Judicial practice shows that the outcome depends heavily on the quality of the defence. In some cases complete termination on the grounds of reconciliation is achieved; in others a fine or a suspended sentence is imposed. Requalification from intent to negligence also occurs when the attorney works competently.
Criminal defence attorney services for individuals in Moscow
Qualified legal assistance includes:
- consultations and analysis of materials;
- participation in investigative actions;
- representation in Moscow courts;
- appeals against decisions;
- assistance with reconciliation and compensation for harm.
Attorney Yuriy Arutyunov provides support in a wide range of criminal cases, including cases under Article 264.1 of the Criminal Code of the Russian Federation, traffic rule violations, Article 111 of the Criminal Code of the Russian Federation and others.
How to choose a criminal defence attorney in Moscow
When choosing, pay attention to experience specifically in cases of causing harm to health, knowledge of the judicial practice of Moscow courts and readiness to provide prompt assistance. An urgent attorney in Moscow may be needed at any moment.
A highly experienced specialist will help not only under Article 118 of the Criminal Code of the Russian Federation but also with related matters: battery, fraud, theft and others.