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Publication date: 02.09.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Intentional grievous bodily harm (Article 121 of the Criminal Code of Ukraine) is a serious criminal offense that involves certain objective and subjective characteristics. Let's consider these signs in more detail:
The main signs of simple intentional grievous bodily harm
- Simple intentional grievous bodily harm, in accordance with Part 1 of Art. 121 of the Criminal Code of Ukraine, is a serious criminal offense characterized by certain objective and subjective features. Here is a detailed look at the signs and elements of this crime:
- A socially dangerous act: Simple intentional grievous bodily harm is an intentional act that causes serious harm to the victim's health. Such an act may include physical, chemical or other dangerous influence that threatens the victim's life. Hitting, cutting, using weapons or dangerous objects. May involve actions that cause serious physical or psychological consequences.
- Publicly dangerous consequence: The consequence of this crime is grievous bodily harm, which has certain specific characteristics that determine its gravity. The act is dangerous for the life of the victim at the time of occurrence. This means that at the time of the injury there is a real threat to the life of the victim or the consequences may lead to death.
- Causal Connection: There must be a direct causal connection between the socially dangerous act and the consequence. This means that grievous bodily harm is a direct result of the committed act. The perpetrator's actions directly caused serious bodily injury.
- Other features: The time of the crime may affect eligibility. Circumstances may affect the consideration of the case, but are not decisive for the qualification of the crime.
Question
What consequences are covered by the composition of Art. 121 CC?
Answer
Loss of any organ or irreversible loss of its functions, for example, hands, feet, vision, hearing, tongue, reproductive ability. Causing genital mutilation, which has a serious impact on the health and life of the victim. Causing a mental illness, causing an abortion, a health disorder, combined with a permanent loss of work capacity of at least one third (less than 33%).
Intentional grievous bodily harm under aggravating circumstances:
Intentional grievous bodily harm under aggravating circumstances (Part 2 of Article 121 of the Criminal Code of Ukraine) is a complex and serious crime that has specific objective and subjective characteristics. Here is a detailed analysis of these signs:
- Socially dangerous act: An act that is socially dangerous can be both active (actions) and passive (inaction), but has additional aggravating circumstances. This means that the victim will experience prolonged and intense suffering. The act is carried out by two or more persons, which makes the crime even more serious and organized. It can be directed at the victim or at other persons, such as relatives or co-workers. The action is carried out at the order of another person, which adds an additional aggravating feature to the crime. The motives of the crime may be related to national or religious intolerance. If the victim died as a result of the act, this is also an aggravating circumstance.
- Two types of consequences: The consequences of a crime can be both mandatory and remote. Mandatory Consequence: Bodily injuries in the form of a violation of the anatomical integrity of the body. This is a necessary element of the composition of the crime and determines its gravity. Remote Consequence: There may be death of the victim, which is a consequence of grievous bodily harm and occurs as a result of or in connection with them.
- Causal Connection: The causal connection between the act and the consequences is critically important for the qualification of the crime. A causal relationship exists between the inflicted physical injury and the consequences, such as a violation of the anatomical integrity of the body. If the victim's death is a remote consequence, it is necessary to prove a causal connection between bodily injuries and the victim's death.
Question
What should be paid attention to when changing qualifications from Art. 115 of the Criminal Code of Ukraine on part 2 of Art. 121 of the Criminal Code of Ukraine?
Answer
Intentional murder, provided for in Art. 115 of the Criminal Code of Ukraine in the subjective part of its composition contains an indication of direct and indirect intent regarding the occurrence of consequences in the form of the death of the victim. In turn, the subjective side of the criminal offense provided for in Part 2 of Art. 121 of the Criminal Code of Ukraine, contains a negligent form of guilt in relation to the death of the victim. Accordingly, in the second case, the death, as a result, is not covered by the intent of the guilty party, and it is this that should be paid attention to and supported by the necessary evidence. The court takes into account the nature, number and location of the inflicted wounds and, in general, the behavior of the culprit, the tools used, etc.
Services of a lawyer in criminal proceedings:
The assistance of a lawyer in criminal proceedings under Article 121 of the Criminal Code of Ukraine (intentional grievous bodily harm) is important and multifaceted. A lawyer plays a key role in protecting the rights of the client, be it the accused, the victim or another participant in the process. Here are the main aspects of a lawyer's assistance in such cases:
Written consultation and legal analysis of the situation: The online lawyer conducts an initial consultation with the client to assess the situation, identify possible legal positions and develop a defense strategy, prepares a legal opinion. Analysis of documents and circumstances of the case, evidence and legality of actions of investigators and prosecutors. A legal opinion of a lawyer regarding further action, including possible defense strategies or options for resolving the case.
Protection during the investigation: The lawyer actively participates in the investigation process to ensure that the client's rights are respected. Review of documents by a lawyer and the legality of investigative actions, such as interrogations, searches, seizure of evidence. Ensuring that all evidence used against the client is collected and presented in a lawful manner. Support during interrogations to prevent any violation of the client's rights.
Lawyer's consultation during preparation for the trial: The lawyer prepares the client and case materials for the trial. Development of a defense strategy, preparation of witnesses and experts. Finding and presenting evidence that can prove the client's innocence or mitigate the client's responsibility. The lawyer represents the interests of the client in the legal process.
Consultation of a lawyer on appeal of decisions: The lawyer online helps the client to appeal the court's decision if necessary. Preparation and submission of appeals in case of disagreement with the verdict or decision. Submission of applications for review of the case in case of discovery of new circumstances.
The lawyer's help online in criminal proceedings under Article 121 of the Criminal Code of Ukraine is important to ensure the legality and fairness of the proceedings. The lawyer not only protects the rights and legal interests of the client, but also actively participates in the formation of the defense strategy, presentation of evidence and ensuring a fair trial.
