Publication date: 11.06.2024
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 qualification of crimes involving intentional grievous bodily harm always causes significant difficulties in law enforcement practice. Article 121 of the Criminal Code of Ukraine (CCU) defines liability for this type of crime, but the accurate application of this provision requires a deep understanding of the law, law enforcement practice and medical aspects. In this article, we will look at the main problems that arise when qualifying such crimes and possible ways to solve them.
Definition of intentional grievous bodily harm
Article 121 of the CCU provides for liability for intentional infliction of grievous bodily harm that is life-threatening at the time of infliction or that caused the loss of any organ or its functions, mental illness or other health disorder combined with permanent disability by at least one third, or termination of pregnancy, or irreparable disfigurement of the face.
Problems of qualification
Differentiation from other crimes
One of the main problems is the distinction between intentional grievous bodily harm and other crimes, in particular, intentional moderate bodily harm (Article 122 of the CCU) and beatings and torture (Article 126 of the CCU). In judicial practice, it is often difficult to determine the severity of injuries and their life-threatening nature.
Medical expertise
An important part of the qualification is a medical examination, which establishes the nature and severity of injuries. Problems arise due to the subjectivity of experts' assessments and possible errors in their conclusions. It is necessary to ensure the most objective and accurate examination for the correct application of criminal law.
Danger to life
Problems also arise in determining whether the injury was life-threatening at the time of infliction. This issue often becomes a subject of debate in court proceedings, as it is of great importance for the correct qualification of the crime.
The subjective side
The intent of the perpetrator is another important aspect of the qualification. Establishing the existence of direct or indirect intent to cause grievous bodily harm is a complex task and requires a thorough analysis of all the circumstances of the case.
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Ways to solve qualification problems
Improving the quality of medical examinations
To improve the quality of medical examinations, it is necessary to ensure a high level of professionalism of medical experts, as well as to introduce additional mechanisms for monitoring and verification of their conclusions.
Clearer legislative regulation
In order to avoid ambiguities in law enforcement, it is necessary to clarify the legal provisions governing the qualification of bodily injuries. This could include the introduction of more detailed criteria for determining the severity of injuries and their life-threatening nature.
Professional development of investigators and prosecutors
It is important to ensure that investigators and prosecutors dealing with cases of intentional grievous bodily harm receive ongoing professional development. This will help to avoid mistakes in the qualification of crimes and ensure a fair trial.
Conclusion
The qualification of crimes involving intentional grievous bodily harm is a complex and multifaceted process that requires in-depth knowledge of the law, high professionalism and a thorough approach to each case. Attorneys play an important role in this process, ensuring the protection of the rights of the accused and facilitating a fair trial. Contacting professional attorneys at https://consultant.net.ua will help you get the legal assistance you need and protect your interests in complex criminal cases.
