Publication date: 30.04.2024
Crimes against life and health of a person in Ukraine
Ukraine, like many countries, puts the issue of protecting the life and health of its citizens at one of the highest places in the legal order. Crimes against the life and health of a person occupy a central place in the criminal law of Ukraine and are the object of special attention of law enforcement agencies and courts.
The Criminal Code of Ukraine contains thirty-two articles that describe acts that are considered criminal offenses against the life and health of a person and for which criminal liability is established.
Let's take a closer look at crimes against a person's life and health, the qualifying features of some of them, and the main legal positions of the Supreme Court of Ukraine in this category of cases.
Qualifying features and responsibility for killing a person
Five articles of the criminal code establish responsibility for killing a person, four of which are for intentional murder.
Intentional killing of a person without the presence of qualifying signs is punishable by imprisonment for a term of seven to fifteen years.
Qualifying features that aggravate responsibility for intentional homicide, leading to imprisonment for a term of ten to fifteen years or to life imprisonment, and in the case of murder for selfish motives, also with confiscation of property, are intentional homicide:
1. two or more persons,
2. a minor child or a woman who was known to the perpetrator to be pregnant,
3. hostage or kidnapped person,
4. committed with particular cruelty,
5. committed in a manner dangerous to the lives of many persons,
6. committed for selfish motives,
7.with hooligan motives,
8. a person or his close relative in connection with the performance of an official or public duty by this person,
9. for the purpose of concealing another criminal offense or facilitating its commission,
10. combined with rape or sexual violence,
11. made to order,
12. committed by a group of persons based on a prior conspiracy,
13. committed by a person who previously committed intentional murder,
14 committed on the grounds of racial, national or religious intolerance.
In separate articles of the Criminal Code of Ukraine, the legislator provided for responsibility for intentional homicide with the presence of mitigating circumstances for the imposition of punishment. Namely: intentional murder, committed in a state of strong mental excitement and committed by the mother of her newborn child, which is punishable by restriction of liberty for a term of up to five years or imprisonment for the same term.
Intentional killing when exceeding the limits of necessary defense or in case of exceeding the measures necessary to apprehend a person who has committed a criminal offense is punishable by correctional labor for a term of up to two years or restriction of liberty for a term of up to three years, or deprivation of liberty for a term of up to two years.
The Criminal Code of Ukraine also provides for responsibility for killing a person due to carelessness. Thus, murder committed due to carelessness is punishable by restriction of freedom for a period of three to five years or deprivation of liberty for the same period. And in the case of killing several people due to carelessness, the punishment is imprisonment for a term of five to eight years.
List of other acts that qualify as crimes against life and health of a person
In addition to the murder of a person, criminal liability arises for the commission of the following acts:
1. Driving to suicide.
2. Deliberate light, moderate and severe bodily injury.
3. Causing grievous bodily harm in a state of strong mental excitement.
4. Abuse of power or official position by a captured person.
5. Intentional infliction of serious bodily harm due to exceeding protection measures or detaining a person.
6. Beatings and beatings.
7. Domestic violence.
8. Torture.
9. Careless bodily injury.
10. Threat of murder.
11. Infection with human immunodeficiency virus and other incurable infectious diseases.
12. Infection with human immunodeficiency virus and other incurable infectious diseases as a result of improper performance of professional duties.
13. Disclosure of medical information regarding the examination of a person to detect infection with the human immunodeficiency virus or other incurable infectious disease
14. Infection with venereal diseases.
15. Illegal abortion or sterilization.
16. Leaving at risk.
17. Failure to provide assistance to a person in a life-threatening condition.
18. Illegal medical practice.
19. Failure of a medical worker to provide assistance to a patient.
20 Improper performance of professional duties by a medical or pharmaceutical worker.
21. Violation of patients' rights.
22. Illegal human research.
23. Violation of the rules of transplantation.
24. Forced donation.
25. Disclosure of medicinal secrets.
According to the Criminal Code of Ukraine, responsibility is provided for the listed actions, which may include community service, correctional work, restriction of freedom, arrest, fine. Ensuring the safety and protection of life and health of citizens is one of the main functions of law enforcement agencies and the judicial system of Ukraine, and they pay great attention to this issue in the framework of their activities.
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