Attorney Services under Article 118 of the Criminal Code of the Russian Federation

Attorney for Article 118 of the Criminal Code: defence in cases of grievous bodily harm caused by negligence in Moscow

Finding yourself in a situation where your actions, devoid of any malicious intent, have led to serious consequences for another person's health is an extremely stressful experience and a real threat to your future. Although Article 118 of the Criminal Code of the Russian Federation treats the crime as one committed through negligence, it entails severe criminal sanctions.

At such a moment, the professional legal assistance of an attorney becomes critically important: an attorney who will not only provide psychological support but also build a competent line of defence aimed at minimising liability or having the case terminated altogether. An experienced criminal defence attorney becomes your principal adviser and defender, whose knowledge and skills directly affect the outcome of the court proceedings.

Many people mistakenly believe that the absence of direct intent removes the need for qualified defence; however, it is precisely the subtleties of proving negligence, the causal link and the degree of guilt that require the highest professionalism. To hire an attorney is to invest in your peace of mind and freedom, gaining an expert who will take over all communication with the investigation, protect your rights and prevent a conviction under a more serious article.

The essence and legal characteristics of the crime under Article 118 of the Criminal Code

To understand the defence strategy, one must clearly understand what exactly the prosecution alleges. An attorney for court will thoroughly analyse the elements of the crime, which consist of several key components. The objective element is expressed in an act or omission that resulted in grievous bodily harm, and a direct causal link must be established between the act and the consequences.

Of critical importance is the subjective element — negligence in the form of recklessness or carelessness. Recklessness means that the person foresaw the possibility of dangerous consequences but, without sufficient grounds, presumptuously counted on preventing them. Carelessness, on the other hand, means that the person did not foresee such consequences, although with the necessary attentiveness and foresight they should and could have foreseen them.

It is precisely on this aspect that the defence built by a good attorney is often based, proving the absence of even carelessness in the actions of the client. To confirm the severity of the bodily harm, a forensic medical examination is mandatorily ordered, and its conclusion may also be challenged with the involvement of an independent specialist. Understanding these details enables an attorney in criminal proceedings to effectively challenge the prosecution's position by finding weak points in the evidence gathered.

How negligence under Article 118 of the Criminal Code differs from an intentional crime

The fundamental difference between Article 118 of the Criminal Code and the articles providing for intentional infliction of harm (for example, Article 111 of the Criminal Code) lies in the absence of direct or indirect intent. Whereas with intent the person desired or consciously allowed the harmful consequences to occur, with negligence there is no such direction of will.

This fundamental distinction radically changes the approach to the case and opens up broad opportunities for the defence. The services of a criminal defence attorney in this case will be aimed at preventing the act from being reclassified as intentional, and at proving that the client's actions lacked even the degree of guilt required under the negligence article.

The attorney in court will emphasise that what happened was a tragic accident, the result of a combination of circumstances, and not conscious unlawful conduct. Such a position requires careful preparation and the gathering of character references, witness statements and other evidence confirming the client's good character and attitude to what happened.

Penalties under Parts 1 and 2 of Article 118 of the Criminal Code: sanctions and judicial practice

The legislator differentiates liability depending on the presence of aggravating circumstances. To present the structure of penalties clearly, let us set it out in a table that clearly demonstrates the seriousness of the consequences.

Under Part 1 of Article 118 of the Criminal Code, the maximum penalty for grievous bodily harm caused by negligence to one person may reach imprisonment for up to 3 years. Alternative measures may include restriction of liberty, correctional labour or compulsory labour for the same term.

However, Part 2 of this article, which applies if the crime was committed as a result of the person's improper performance of their professional duties or against two or more persons, makes the sanction more severe, providing for imprisonment for up to 5 years with possible deprivation of the right to hold certain positions. A consultation with an attorney at an early stage makes it possible to realistically assess the risks and predict under which part of the article the charge will be brought.

Judicial practice in cases of this category is highly inconsistent: the final verdict is influenced by the defendant's personal characteristics, their conduct after the incident, and their efforts to compensate for the harm caused. Competent attorney services in court make it possible to tip the scales towards a more lenient sentence not involving imprisonment.

Criminal record and civil-law consequences: what awaits after the sentence

In addition to the criminal penalty itself, a guilty verdict under Article 118 of the Criminal Code entails a number of serious consequences that can radically change a person's life. First, there is a criminal record, which creates significant obstacles to employment, especially in state bodies, law enforcement agencies, and educational and medical institutions.

Second, it will be practically impossible to obtain a licence for certain types of activity (for example, to own a weapon) or the right to drive a vehicle. Third, a civil-law consequence is inevitable — the obligation to compensate the victim for material damage and non-pecuniary (moral) harm.

The amount of these payments may be very substantial, including the costs of treatment, rehabilitation, lost earnings and compensation for physical and mental suffering. The legal services of an attorney in this respect consist not only in minimising the amount of compensation through competent legal arguments, but also in organising negotiations with the injured party to reach a pre-trial agreement, which the court will subsequently take into account as a mitigating circumstance.

Procedural steps: from the report to the court

If you are the victim, your first actions should be aimed at recording the fact of the crime and gathering irrefutable evidence. Go immediately to a medical institution for an examination and to obtain a certificate describing in detail all the injuries sustained.

Next, you need to prepare and submit a report to the police or the Investigative Committee, setting out the circumstances of the incident in as much detail and as objectively as possible. The report should be accompanied by all medical documents, photographs of the scene of the incident, video recordings (if any), and the contact details of possible witnesses.

To ensure that your report is not returned on a formal pretext, it is highly advisable to enlist the support of a professional. An attorney for a legal entity or an individual will help to draw up this document competently, observe all procedural subtleties and apply for all the necessary expert examinations to be ordered — forensic medical and, in the case of a road traffic accident or an industrial incident, technical or trace evidence examinations. We will draw up the report so that it is not returned on the grounds of "absence of the event of a crime".

The role of the attorney at the preliminary investigation stage

As soon as a criminal case under Article 118 of the Criminal Code has been initiated against you or your relatives, not a minute can be lost. Investigative actions at the initial stage often determine the entire further course of the proceedings. Attorney Yuri Ashotovich Arutyunov provides an urgent call-out service to a detained person and also takes part in the inspection of the scene of the incident, immediately recording circumstances that may later be interpreted in favour of the defence.

At the preliminary investigation stage, an attorney in criminal proceedings performs key functions: attending all interrogations and confrontations, preventing psychological pressure on the client and investigative violations; filing motions and challenges; reviewing the case file and forming the defence strategy. One of the most effective measures is initiating alternative expert examinations — medical, technical, trace evidence — which may refute or cast doubt on the conclusions of the initial investigation.

When the assistance of an attorney under Article 118 of the Criminal Code becomes critically necessary

You should seek professional defence immediately in the following situations:

• You have been summoned for questioning as a suspect or witness in a case of grievous bodily harm.

• An insurance company or employer is trying to shift all the blame and financial obligations onto you alone.

• The injured party is making inflated financial compensation claims and threatening criminal prosecution.

• The investigator is considering choosing a preventive measure such as house arrest, a written undertaking not to leave, or a prohibition of certain actions.

• You yourself have been injured and want not only to obtain justice but also to recover from the person at fault all the costs of treatment, rehabilitation and non-pecuniary damage.

In all these cases, delay may lead to irreversible consequences. Contacting an attorney for Article 118 of the Criminal Code in Moscow in good time makes it possible to take control of the situation from the very beginning.

A comprehensive approach to defence: what the services of attorney Yuri Ashotovich Arutyunov include

Work on the case begins with an in-depth analysis of all the circumstances and the development of an individual defence strategy. Attorney Arutyunov conducts a detailed review of the situation within 24 hours of being contacted, identifying the strengths and weaknesses of the prosecution's position. A key line of work is proving the absence of the elements of a crime in the client's actions, for example by establishing that there is no causal link between the client's actions and the consequences that ensued.

Equally effective may be a strategy aimed at proving gross negligence on the part of the victim, which under the law may serve as grounds for reducing the amount of compensation or mitigating the sentence. To this end, the attorney engages independent experts, analyses regulatory and technical documentation and carries out his own evidence-gathering work that goes beyond the official investigation.

Negotiation procedures and court representation

The ability to conduct a constructive dialogue with the opposing party is an integral part of a successful defence. Attorney Arutyunov acts as a professional negotiator, conducting a dialogue on the possibility of reconciliation of the parties. If an agreement is reached on voluntary compensation for the damage and making amends, properly drawn up reconciliation documents may become grounds for full termination of the criminal case, which is the best outcome for the accused.

If the case goes to court, attorney services in court become most in demand. The attorney provides full support at all stages of the court proceedings: prepares the defence position, delivers reasoned speeches, presents evidence, files motions, appeals interim decisions and, if necessary, prepares appeal and cassation complaints to challenge the sentence.

Do not face the problem alone. Article 118 of the Criminal Code is serious, but with competent defence the consequences can be minimised. Call +7 (495) 003-27-37 or write via messenger for an urgent consultation. We are available 24/7 to explain your rights, the possible risks and the prospects of the case, and to develop an effective defence strategy aimed at mitigating the sentence or having the case under the article "Causing grievous bodily harm by negligence" terminated altogether.