Harm to moderate health - consequences of an accident and possible penalties
Harm to health caused for any reason to the injured person is determined bycriminal procedure and criminal codes of Russia. The examination and analysis of the severity of harm is dealt with by a special commission appointed by law enforcement agencies (forensic medical examination). Harm to health can be serious, that is dangerous to human life, medium and light in severity. Consider the second one.
Average severity of harm
According to the Criminal Code, the harm to the health of moderate severity is determined by the following features:
- the victim experiences the effects of injuries, temporary disorders of the functional characteristics of the body (the CPC determines the time - more than three weeks of the duration of the disorders);
- the consequences of injuries affected the victim’s ability to work less than a third (the impossibility to fully, 100%, do its work).
In addition, the average damage caused to health is determined by the absence of a danger to a person’s life, that is, it is limited to harm to his health and consequences for normal working ability / ability to live. There are different situations where experts can identify serious, moderate or light damage. According to statistics, road accidents occupy the first position in the world in the number of injured or dead people. At the same time, I would like to note that the average damage to health in a second-rate accident is that injuries of the legs / arms and head (meaning injuries without a lethal outcome).
Consequences and related sanctions
Medium damage entails administrative or, due to the death of one of the victims, criminal liability. As an administrative penalty, a driver may be deprived of the right to drive a car for a period not exceeding 24 months. In addition, for injuries of moderate severity (in certain cases, for example, a not too serious level of consequences for the victim), the court may impose an administrative fine on the perpetrator.In the case of an accident followed by a fatal outcome of the victim, a criminal case is started. In this case, the Criminal Code of the Russian Federation determines that if his death occurred three weeks after the accident, the situation is still considered, by definition, as a harm to the health of moderate severity caused by the perpetrator of the accident.
In addition to physical, the category of harm includes moral and property damage to the victim. At the same time, the moral damage means the psychological experience of the victim, namely, the situations in which he experienced humiliation, fear, depression, shame, and also the physical injuries of the victim in an accident.
During the consideration of the case on the fact of an administrative offense, the judge determines the punishment that will be imposed on the accused. I would also like to note that the question about the harm to the health of moderate severity, regardless of the consequences of the incident, can be exhausted as a result of reconciliation and agreement of both parties. In contrast, if the victim in an accident finds the punishment of the perpetrator too lenient - he has the right to go to court to appeal the case.