Publication date: 10.06.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
The case law in cases of intentional grievous bodily harm in Ukraine is important for shaping the legal position and ensuring a fair resolution of such cases. Article 121 of the Criminal Code of Ukraine (CCU) provides for criminal liability for intentional infliction of grievous bodily harm, which is one of the most serious crimes against a person. In this article, we will consider the main aspects of court practice in cases of intentional grievous bodily harm, typical problems that arise in such cases, and the role of an attorney-at-law in protecting the rights of defendants and victims.
Key aspects of the case law
Qualification of the offence
One of the main issues that arises when considering cases of intentional grievous bodily harm is the correct qualification of the crime. Pursuant to Article 121 of the CCU, intentional grievous bodily harm is the infliction of injury that is life-threatening at the time of infliction or that has caused the loss of any organ or its functions, mental illness or other health disorder, combined with a permanent disability of at least one third or the termination of pregnancy, or irreparable disfigurement of the face.
Collecting and evaluating evidence
Case law shows that an important aspect of such cases is the collection and evaluation of evidence. Evidence may include testimony from victims and witnesses, the results of medical examinations, photographs and videos, and other material evidence. The findings of forensic medical examinations are crucial in establishing the severity of the injuries and the causal link between the defendant's actions and the injuries.
Sentencing
In determining the sentence, the court takes into account all the circumstances of the case, the nature and degree of social danger of the act, the personality of the perpetrator, his or her previous behaviour, as well as circumstances mitigating or aggravating the punishment. Pursuant to Article 121 of the CCU, intentional grievous bodily harm is punishable by imprisonment for a term of five to eight years. If grievous bodily harm is caused by aggravating circumstances, the penalty may be increased.
Typical problems in court practice
Incorrect qualification of the offence
One of the most common problems is incorrect qualification of the crime, when the actions of the accused are qualified under other articles of the CCU, which does not correspond to the actual circumstances of the case. This can lead to an unfair resolution of the case and violation of the rights of both the victim and the accused.
Insufficient evidence
Another problem is the insufficiency or impropriety of the evidence presented by the prosecution. Insufficiently substantiated expert opinions, incomplete testimony or the absence of key evidence can make it difficult to establish the truth in a case and reach a fair decision.
Violation of procedural rules
Violations of procedural rules during the pre-trial investigation and trial may lead to the cancellation of court decisions on appeal or cassation. This applies to unlawful actions of investigative authorities, non-compliance with the rights of defendants, and violation of the right to defence.
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Conclusion
Case law in cases of intentional grievous bodily harm in Ukraine is complex and multi-stage. It is important to correctly classify the crime, collect and evaluate evidence, and comply with procedural rules. The role of a lawyer in this process is crucial, as he or she protects the rights of defendants and victims, assists in formulating a legal position and facilitates fair court decisions. Contacting qualified lawyers at https://consultant.net.ua will help you ensure proper legal protection and achieve a fair resolution of your case.
