Attorney Services under Article 115 of the Criminal Code of the Russian Federation

Comprehensive legal support in cases involving minor bodily harm in Moscow

Facing a criminal case under Article 115 of the Criminal Code of the Russian Federation always means stress and uncertainty. Even the wording "minor bodily harm" should not mislead you: behind it lies full-scale criminal prosecution with real terms of punishment and a criminal record that rules out many prospects in life. In such a situation, the decision to seek an attorney's legal assistance is not merely a sensible step but a vital necessity. Attorney Yuriy Arutyunov offers professional criminal defence attorney services, providing comprehensive defence for persons facing such charges. Our aim is not a formal presence, but a thorough examination of the circumstances of the case, the development of an individual defence strategy and the use of the full range of lawful methods to achieve the best result — from full termination of the case to minimising its consequences in court. Hiring an attorney who specialises in criminal law means gaining reliable support in standing up to the system and confidence that your rights are protected.

Why is defending yourself under Article 115 of the Criminal Code risky?

Attempts to settle the situation on your own — to come to an agreement with the victim or to explain yourself to the investigator — often make matters worse. Ignorance of procedural nuances, mistakes in filing motions, failure to appeal the investigation's decisions in time — all of this works against the accused. A good attorney not only has in-depth knowledge of the law but also understands the logic of how law enforcement agencies work, being able to anticipate their actions and act pre-emptively. His key task is to turn you from a passive object of the investigation into an active participant in the proceedings whose rights are strictly observed. An attorney's help at the initial stage, especially during the first interrogation, can radically change the whole picture of the case, preventing the investigation from interpreting your statements in a way that favours the prosecution.

The legal essence of the offence under Article 115 of the Criminal Code: a detailed analysis

An effective defence is built on a thorough understanding of the essence of the act charged. Article 115 of the Criminal Code covers the intentional infliction of minor bodily harm — an offence punishable by arrest for up to 4 months or correctional labour for up to 1 year. Despite the "minor harm", Article 115 of the Criminal Code entails a criminal record and serious consequences. The central element of the offence is intent: the perpetrator foresaw the possibility of causing harm to health and wished for it, or knowingly allowed such consequences to occur. It is on proving the absence of direct or indirect intent that a competent defence often focuses, identifying circumstances of negligence or necessary self-defence.

Medical criteria in the context of case law

What does Article 115 of the Criminal Code "Minor bodily harm" mean? The intentional infliction of minor bodily harm covers: short-term impairment of health (up to 21 days) and insignificant permanent loss of capacity for work (up to 10%). The object of the offence is human health. The degree of harm is confirmed by a forensic medical examination. It is important to understand that the "short-term" nature of the impairment is a period strictly established by medical regulations, not the victim's subjective feelings. An attorney providing legal services in criminal cases always carefully analyses the forensic medical expert's opinion, comparing it against the official Medical Criteria. It is not uncommon for harm initially recorded to turn out, on additional or repeat examination, not to meet the elements of Article 115, which opens the way to requalifying the charge as an administrative offence.

Types of liability and long-term consequences under Article 115 of the Criminal Code

Liability and the term of punishment under Article 115 of the Criminal Code depend directly on the presence or absence of aggravating (qualifying) elements. Understanding this gradation is critically important for predicting the outcome of the court proceedings.

Aggravated forms of the offence and their effect on the punishment

For clarity, the types of punishment under Article 115 of the Criminal Code are shown in the table below:

Part 2 of Article 115 of the Criminal Code significantly toughens the sanctions. Hooligan motives, the use of weapons or objects used as weapons, and the commission of the act by a group of persons — all these factors lead to a harsher sentence. A criminal defence attorney in Moscow in such a situation concentrates on challenging precisely these qualifying elements. He works to prove the absence of a prior conspiracy and that the use of a particular object as a weapon has not been proven, and refutes the hooliganism motive, which investigative authorities often interpret too broadly.

What does the accused face in practice under Article 115 of the Criminal Code?

What does one face in practice? Article 115 of the Criminal Code: what is the penalty? — Arrest, correctional or forced labour, a fine. Repeated intentional infliction of minor bodily harm increases the punishment (Part 2). A criminal record under Article 115 prevents obtaining firearms licences and employment in law enforcement and security agencies. In addition to the direct criminal-law consequences, there are also civil-law ones: in the overwhelming majority of cases the injured party files a claim for compensation for non-pecuniary damage and reimbursement of medical expenses. An attorney's services in court also include work to reduce the amount of these payments, arguing that they are disproportionate and that there is no direct causal link. Our approach is not a formal defence but a comprehensive solution to all the problems the client faces in connection with the criminal prosecution.

Procedural steps for the victim: from recording injuries to filing a claim

If you have become the victim of an offence and intend to obtain justice, competent and consistent actions are of key importance. How do you file a complaint under Article 115 of the Criminal Code? This process begins with mandatory documentary recording of the injuries sustained.

A step-by-step procedure for the injured party

Have your injuries recorded at a trauma centre or by the medical and social expert examination service (MSE). Prepare a crime report under Article 115 of the Criminal Code to the police or to a justice of the peace (private prosecution). Attach photos, videos and witness details. Petition for a forensic medical examination. We will draw up the complaint so that the case is not returned for "absence of the elements of an offence". The choice between going to the police and filing a complaint directly with a justice of the peace is a strategic decision. In the first case, the burden of proof is assumed by the state; in the second, you yourself act as the private prosecutor, which requires considerable effort and in-depth legal knowledge. An attorney for court in private prosecution cases becomes your main tool: he prepares all the necessary documents, builds the body of evidence and professionally represents your interests at the court hearing.

When does an attorney's help under Article 115 of the Criminal Code become critically necessary?

When do you need an attorney under Article 115 of the Criminal Code? You should seek professional defence immediately, as soon as you learn of a possible charge. Delay can lead to irreversible procedural consequences.

Situations requiring immediate intervention by defence counsel:

• You have been summoned for interrogation in a case under Article 115 of the Criminal Code.

• The victim is demanding compensation and threatening to go to court.

• The investigator is requalifying an administrative offence as a criminal offence under Article 115.

• Arrest or the imposition of a preventive measure is possible.

• You are the victim and wish to recover your medical expenses.

In any of these situations, the attorney's key task is to take control of procedural communications and prevent the charge from being aggravated. An attorney in criminal proceedings ensures that all records are properly drawn up, files the necessary motions and appeals unlawful actions of the investigation in good time.

Defence strategies and methods used by attorney Yuriy Arutyunov

Our approach to defence under Article 115 of the Criminal Code is comprehensive and proactive. We do not merely respond to the actions of the investigation, but actively shape a line of defence that is favourable to you.

Key areas of the attorney's work:

• Emergency call-out 24/7. We understand that the matter cannot wait, and we are ready to get to work promptly at any time of the day or night.

• Analysis of the materials and a strategy within 24 hours. Within a short time, we carry out an initial analysis of the situation and develop an action plan.

• Challenging the expert examination: reducing the harm to battery (an administrative offence). This is one of the most effective areas of work, since the correct classification of the harm to health is the cornerstone of the charge.

• Proving self-defence or a mutual fight. We carefully gather evidence confirming that your actions were forced.

• Reconciliation of the parties and compensation for damage. We help to settle the conflict with the victim in a civilised manner, which in most cases leads to termination of the criminal case.

• Full support: interrogations, court, appeal. We provide legal support at all stages of the criminal proceedings.

Answers to frequently asked questions about Article 115 of the Criminal Code

Let us look at some typical questions our clients have.

Is termination of the case possible, and what limitation periods apply?

• Can the case be terminated on reconciliation? — Yes, a settlement is possible at any stage before the verdict. This is the most favourable outcome, and we actively help to achieve it.

• What is the limitation period under Article 115? — 2 years. After this period expires, criminal prosecution is impossible.

What is the difference between related offences?

• How does Article 115 differ from Article 116? — Article 115 of the Criminal Code is minor bodily harm with established medical criteria; Article 116 of the Criminal Code is battery, i.e. acts that caused physical pain but did not entail the consequences specified in Article 115.

What are the chances of a suspended sentence?

• Is it possible to get a suspended sentence? — Under Part 1, a fine or compulsory labour is often imposed; under Part 2, a suspended sentence is possible, but this requires active work by defence counsel to gather character references and evidence of mitigating circumstances.

Round-the-clock support

Call +7 (495) 003-27-37 or write to us in a messenger. We will explain how a case under Article 115 of the Criminal Code "Intentional infliction of minor bodily harm" proceeds, develop a defence strategy and seek a more lenient punishment or termination of the case.