Personal injury is a legally punishable consequence of physical misconduct by one person against another. Causing harm to the human body in varying degrees of severity is a reason for initiating a criminal case. Based on the conclusion of a forensic expert, the degree of harm to the body and the corresponding penalty are determined.
Light bodily injury
Liability for damage to health of light severity is regulated by Article 125 of the Criminal Code of Ukraine. It should be borne in mind that the law provides for different penalties for ordinary “bodily injury of light severity” and “bodily injury of light severity, which caused a short-term disorder of health and partial disability.”
The first violation is considered easier and, accordingly, the responsibility for it is less. This includes damage to health that does not have long-term consequences, such as a hematoma or a scratch. The second crime involves the loss of ten percent of the ability to work or the consequences for the body with a recovery period of up to three weeks.
- The punishment for the first case is as follows: a fine of 50 NMDG or community service for up to 200 hours. Correctional labor for up to 1 year can also be prescribed.
- The penalty for the second case is as follows: a fine of 50-100 NMDG or community service lasting 150-240 hours. Correctional labor for up to 1 year or arrest for six months, or imprisonment for up to 2 years can also be assigned.
Medium bodily injury
The degree of punishment for damage to health of moderate severity is regulated by Article 122 of the Criminal Code of Ukraine. The article says that this is a crime that entailed one of two health consequences: a long-term disorder of the body or a permanent loss of 1/3 of a person’s ability to work.
A long-term disorder of the body’s health implies damage that has resulted in dysfunctions of various organs, for example, a weakening of the arm or partial loss of vision. This can also include a complete, but temporary loss of efficiency of organs or cases that are not associated with the deprivation of organs and their functions, but led to a loss of efficiency. It should be borne in mind that classifying damage as moderate requires a long recovery period of at least 21 one day.
Persistent loss of human capacity for work is defined as the body’s loss of capacity for work by 10-30% but not more than one third.
- For bodily harm of moderate severity, correctional labor for up to 2 years or restriction of liberty for up to 3 years, or imprisonment for up to 3 years are awarded.
- If bodily harm is inflicted with the aim of intimidating or forcing a person to comply with the requirements, due to intolerance, then they are punished with a prison term of 3-5 years.
Severe bodily injury
Grievous bodily harm is a crime regulated by Article 121 of the Criminal Code of Ukraine, which must correspond to one of the following criteria:
- The existence of a threat to life when committing a crime;
- As a result of illegal actions, a person has lost an organ or its functions;
- The attack resulted in a mental illness;
- The consequence of the attack was a mental illness that deprived a person of working capacity by more than one third;
- The damage caused the termination of pregnancy;
- The attack caused irreparable damage to the face.
Actions that can be fatal are considered life-threatening. It should be borne in mind that if a person recovered quickly, thanks to high-quality medical care, then this does not negate the severity of the damage caused.
If a person has lost an organ or its functions, then this is considered a grievous bodily injury, for example, a hand or other part of the body is paralyzed, an eye is gouged out, etc. At the same time, if the organ has gradually recovered, then this can no longer be considered a crime with the same degree of severity.
The consequence of damage can be a mental illness, which is diagnosed by a psychiatric examination. A link must be established between the damage to health and mental disorders. Also, serious bodily injury is considered damage to the body, which led to a loss of at least 1/3 of a person’s working capacity.
The loss of a child due to violence is also a severely injured crime. But the offender must be aware of the pregnancy and consciously plan for such an outcome. In the case of facial disfigurement, this injury can be attributed to severe bodily injury only if it has an irreparable character and really disfigures a person.
- Deliberate infliction of grievous bodily harm in all cases described above is punishable by law as follows: sentencing to a prison term of 7-10 years.