Since the punishment and application of the provisions of the relevant article depend on the severity of the consequences received during beatings, it is necessary to accurately determine the severity of the injuries received.
Fractures of the upper and lower jaws are quite common in medical practice. According to statistics, they make up 1/7 of the total number of fractures. This type of injury is more common in young men than in women.
The article provides details of the legal consequences for the offender who caused a fracture of the victim’s jaw.
What is the severity level?
Head injuries can lead not only to damage to the victim’s health, but also create a risk situation for his life. Here are located the muscles, joints and bones of the jaws, directly connected with the digestive tract system, as well as with the speech organs, which are actively involved in a person’s full social life.
Therefore, injury to the maxillary region of the face causes a double blow:
- Deprives the victim of the ability to fully eat food and maintain the natural nutrition of the body.
- A person is not able to pronounce articulate sounds, which means he is unable to communicate verbally with the surrounding context for a long time.
Providing standards for determining the health status of an injured citizen is based on special Rules approved by the Order of the Ministry of Health and Social Development dated April 24, 2008. According to the Rules, medical criteria for injuries are approved and reflected in a special Appendix to the designated Order.
According to the conclusions obtained during the expert's examination, the severity of the injury is established. If the jaw area of the face is injured during beating, the severity of the consequences is determined to be medium .
That is, over a long period of time, the victim’s body is capable of recovery.
If the violations turn out to be reversible, Article 112 of the Criminal Code of the Russian Federation comes into force, reflecting the norms of liability for damage to health of moderate severity.
However, such violations may be multiple, since the jaw mechanism is quite fragile. When struck with a blunt object, parts of the jaw can break off and subsequently be artificially implanted.
With subsequent restoration, certain functions may be irretrievably lost:
- chewing;
- speech
This creates a significant complication for the situation not only of the injured person, but also of the attacker, whose punishment is already considered in the context of the provisions of Article 111 of the Criminal Code of the Russian Federation - grievous harm to health.
Many organs, including hearing and vision, may be completely or partially unrecoverable if a fracture of the jaw bone damages the hearing organ or the optic nerve. For example, when crushed by a heavy object or a gunshot wound. In addition, there are cases when, from a strong blow, a broken jaw bone penetrates the throat with a sharp edge, which can not only cause harm to health, but also create a threat to life or lead to death.
The provisions of Articles 111 and 112 of the Criminal Code of the Russian Federation come into force only if the strikes are intentional, leading to injury. For intentional beating with consequences in the form of a broken jaw, if they were defined as serious or moderate injuries, liability begins at the age of 14 according to Article 20 of the Criminal Code of the Russian Federation.
What is the penalty for a broken nose?
broken - there is slight harm to health 115th dealt several blows, without harm - beatings, 116 gave a slap in the face, blood began to flow - a hooligan... Therefore, in accordance with the disposition of this law, the perpetrator bears criminal liability for committing any violent act, including such, which is expressed in the application of one blow, provided that the victim suffered physical pain without the onset of those specified in Art. 115 of the Criminal Code of the Russian Federation consequences, and if such a blow, as well as other violent actions, entailed those specified in Art.
115 of the Criminal Code of the Russian Federation consequences, criminal liability arises for the intentional infliction of minor harm to health.
Supervisory ruling of the Investigative Committee in criminal cases of the Supreme Court of the Russian Federation dated June 24, 2008 N 85-D08-17 July 15, 2008 In the supervisory complaint, convicted A. challenges the validity of the conviction, citing the fact that the court’s conclusions do not correspond to the actual circumstances of the case and are not supported by evidence , examined at the trial. Indicates that one blow cannot be regarded as battery.
In general, the question is in the title. One dude came to another and hit him in the nose and left (for good measure, another guy could take a couple of friends and beat him up in an alley at night). What happens to him for his broken nose? What if your nose is broken?
If possible, give detailed answers.
Qualifying characteristics and responsibilities
Under Article 112, punishment without qualification is determined to be up to three years in the form of:
- imprisonment;
- correctional labor;
- restrictions on freedom.
Arrest for up to six months is also allowed. If the consequences are typical for the provisions of Article 111, then imprisonment in places of imprisonment for up to 8 years follows.
Qualification here refers to the following criminal acts:
- special cruelty when beating;
- the use of weapons or objects used to intensify blows;
- group beating;
- causing injury to several victims;
- hooligan actions.
This category of illegal acts also includes beatings of persons based on religious, racial, political, or national hatred. Or committed out of hatred for a certain social group.
Qualification is also charged when injuries are inflicted:
- to a minor;
- a person known to be in a helpless position;
- pregnant woman.
Qualification gives an additional degree of responsibility, increasing the terms of imprisonment to five years for consequences of moderate severity, and for grave consequences - up to ten years. The punishment reaches the maximum level if the face is disfigured.
And if the victim of the crime belonged to the category of specialists working with a public audience, then in the case of an irretrievably lost part of the speech functions, which led to a violation of its purity and articulation.
If consequences are obtained that are not comparable with the functioning of the life processes that led to the death of the person, the punishment can reach a twelve-year prison term. Such consequences in case of a jaw fracture can arise due to harm to health, resulting in side effects, when bones are crushed with rupture of the nasopharynx, larynx or throat.
Punishment for breaking your jaw
• for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;
the court, as well as the investigator with the consent of the head of the investigative body or the investigator with the consent of the prosecutor, have the right, on the basis of a statement from the victim or his legal representative, to terminate a criminal case against a person suspected or accused of committing a crime of minor or medium gravity, in cases provided for in Article 76 of the Criminal Code Russian Federation, if this person has reconciled with the victim and made amends for the harm caused to him.
h) with the use of weapons or objects used as weapons, - j) providing medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, other actions aimed at making amends for the harm caused to the victim . Payment of compensation for moral damage will be taken into account by the court when making a decision.
If the amount does not suit you, it is better to resolve this issue in court.
Discrimination from other types of harm
Unintentional harm is considered under Article 118 of the Criminal Code of the Russian Federation. Sometimes the victim is recognized as the initiator of the fight who provoked the beating.
Such cases provide for criminal liability:
- according to Art. 113 – actions in a state of passion;
- under Article 114 – exceeding the necessary self-defense.
Simple injury leading to the indicated consequences is considered in the context of the resulting harm. If there is a crime under Articles 118, 113 and 114, the punishment allows you to avoid imprisonment, especially if the function of the jaw is fully restored.
In this case, the punishment may be limited to fines, arrest for up to six months, or correctional labor for 2 years. Its maximum amount is expressed in imprisonment for a term of up to three years.
In addition, if a fight occurs deliberately, minor health consequences may occur in accordance with the provisions of Article 115 of the Criminal Code of the Russian Federation. This standard applies if the victim’s jaw has received a minor crack that does not require long-term recovery. The maximum penalty here is up to two years in prison. Mostly fines and administrative (mandatory) work are imposed.
If the victim was subjected to painful long-term torture, leading to similar consequences in the form of a jaw injury, punishment may follow in accordance with the provisions of Article 117 of the Criminal Code of the Russian Federation.
What is the penalty for a fight if the second participant filmed the beating and wrote a statement to the police?
- Intentional infliction of slight harm to health, causing short-term health disorder or minor permanent loss of general ability to work –
If your opponent only has bruises from an abrasion, the actions are qualified under Article 116 of the Criminal Code of the Russian Federation:
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group, - shall be punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for the period up to three months, or compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to six months, or arrest for a term of up to three months. shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to four months.
Difference between mandibular and maxillary fracture
When determining the degree of severity, which significantly affects the application of the article of the Criminal Code of the Russian Federation, complex damage commensurate with the damage caused, including in the area adjacent to the jaw, is primarily considered. However, blows to the upper jaw, leading to injuries, are primarily considered in the context of the norms of Article 111; equivalent consequences for injuries and fractures of the lower jaw may be suitable in terms of the severity of harm to health to the norms of Article 112.
When the total amount of damage is detected in the upper jaw, the Lefort or Wassmund classification is used, which determines the nature of the violations in three categories.
A special technique in this case is required due to:
- in this part there are more nerve endings that lead to facial paresis;
- destruction of this part of the face often affects hearing and vision;
- Here the soft tissues of the face are concentrated as much as possible.
In addition to the above, blows to the face in this area lead to concussions, sinusitis and other, including potential, negative consequences.
Jaw fracture
The situation is quite simple. A group of people were sitting and drinking in the courtyard of the house. “Sanya” and “Vanya” went into the house either for shashyk or something else.
What does it mean to “rape a woman”? Just her words? Did you come and declare?
Who is the witness, where is the evidence? And the system can search as much as it wants, but no normal court will find a person guilty based on billing. EVIDENCE is needed - in the case of rape, these will be traces of the accused’s sperm (this is first of all, without this there is absolutely no way), testimony that they met (billing is not the fact of the meeting), that there were screams, noise, etc. (otherwise what this is rape), traces of violence (bruises).
We need EVIDENCE - in the case of rape, it will be traces of the accused’s sperm (this is first of all, without this there is absolutely no way).
quote: Originally posted by Scarecrow Wise 2: I understand, now it’s too late - he himself admitted that it was he who pushed him - but what if he hadn’t admitted it?
Did Vanya take off the beating? Did you file a complaint against Sanya for battery, or better yet, TP, ideally along with attempted murder? A mandibular fracture is a partial or complete (depending on the type of fracture) disruption of the integrity of the lower jaw bone that occurs for one reason or another.
How to remove beatings?
To impose punishment on the attacker, the beating must be removed. This procedure can be carried out in different ways.
In the first case, the step-by-step algorithm is as follows:
- Immediately upon injury or the next day, contact the police station.
- Receive a referral from the police station for examination at the Bureau of Forensic Medicine.
- Approach with your passport and a referral to the Bureau for examination.
The second option is suitable for those citizens who do not plan to contact the police, but intend to seek justice on their own.
What is required here is:
- Apply with your passport to a paid medical clinic to a specialist of the appropriate profile.
- Go through an examination and receive a conclusion certified by the signature and seal of the institution.
The legal capacity of an expert opinion issued in a municipal and private institution is equivalent.
Jaw fracture. How I survived it. Adviсe.
If the fragments are correctly aligned and there is no inflammation, the fracture will heal in about 1-2 months. The splints are removed after the formation of a dense callus at the site of injury. Additional time is required for final rehabilitation and restoration of all functions.
Monitoring the progress of healing is carried out using periodic x-ray examinations. Patients need oral care (removal of food debris, frequent rinsing with weak disinfectant solutions). They are prescribed liquid food, varied in composition and high in calories. How to write a police report against your neighbors, examples? If it is difficult to eat, patients use a sippy cup with a wide rubber tube attached to it.
After 4-5 weeks. If there are clinical signs of consolidation of the fracture, the splints are removed. In the absence or insufficient number of teeth on bone fragments, as well as in the need for early restoration of the function of the damaged jaw, osteosynthesis is used.
Read other articles on the site:
- The right to privacy of correspondence, what is the article in the constitution?
- Article: operational investigative activities of customs authorities 2021
- Initiation of a criminal case against the director of the management company
- How can a doctor be held liable for negligence?
- Circumstances mitigating and aggravating punishment in administrative law
Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!
Attracting an attacker
When contacting a police station or calling a patrol to a crime scene, documentation for punishing the criminal is prepared by the local police officer of the district department where the crime was committed.
Such situations require the victim, in addition to contacting the police, to do the following:
- Approach the police station to write a statement, testify against the offender and receive a referral for examination.
- Undergo an examination and obtain an expert’s opinion on the presence of injuries and the severity of them.
- Provide all possible assistance in the investigation of the crime.
If the victim is admitted to a hospital, then the request to the police is submitted to the medical staff of the medical institution.
Police respond to a request to investigate a personal injury. For the most part, the victim of a crime is not capable of giving oral testimony.
Whenever possible, investigators limit themselves to written information. Being in serious condition, the victim does not become defenseless. In this case, the initiative to investigate is taken by employees of the investigation department, as well as relatives and others interested in restoring the violated rights of the patient, friends and random witnesses to the incident.
Based on the formed case, criminal proceedings are initiated in court. The case materials are transferred to the district court at the offender’s place of residence. The victim is invited to testify in court. If he continues to stay in hospital or his speech functions have not been restored, a corresponding medical certificate is presented to the court.
The court accepts for consideration only cases that establish the identity and place of residence of the offender.
If the injuries received do not require a hospital stay, the victim has the right to go to court on his own, bypassing the police investigation.
To do this he needs:
- Contact a private specialist for an examination and get an opinion.
- Independently collect evidence of the offense and information about witnesses willing to testify in court.
- Submit to the district court at the defendant’s place of residence a statement regarding the fact of the commission of the act, attaching the collected evidence and a list of witnesses to the beating incident.
- Speak in the debate. Or - submit a medical certificate about impaired speech functions and written testimony certified by signature.
Based on the information provided, the court decides to impose a proportionate punishment or finds the suspect innocent.
You can challenge the decision of the district court in a higher court, including the cassation court.
What is the fine for a broken jaw?
Hello! Sorry, but what do you mean by “act wisely”? Of course, I sympathize with you very much, but I would like to clarify.
In no case should one “forgive or think that the criminals will not be punished anyway.
those who had the intention to commit hooligan acts; also if they were inflicted on a minor or a person performing official duty; if weapons or other heavy objects were used for beating. For beatings, the victim may also receive compensation for moral damages. The amount of compensation is determined by the court. It's a delusion.
You also don't know what health consequences the beating will have. Even if there are no visible signs of violence. If a minor is beaten, the punishment will be much more severe.
There is no special article for this act.
