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The category of the most serious crimes in Ukraine includes crimes committed against human health and life. What is the seriousness of these crimes? First of all, in most cases, the consequences of these offenses cannot be materially compensated. Criminal responsibility for beating a person is regulated by Articles 121 and 122 of the Criminal Code of Ukraine. If you need the help of a lawyer for these articles, Prykhodko and Partners specialists are ready to provide it to you.
Responsibility for beating a person
The degree of criminal responsibility for beating a person depends on various factors. Among them is the gravity of the committed crime. The most serious punishment is life imprisonment. Also, the choice of punishment is influenced by the following: whether these crimes were committed under the influence of drugs or in a state of affect. Depending on the above factors, the situation of the suspect can either improve or worsen.
Current legislation, namely the Criminal Code of Ukraine, divides bodily injuries into the following groups:
- Light (Article 125 of the Criminal Code of Ukraine).
- Average (Article 122 of the Criminal Code of Ukraine).
- Heavy (Article 121 of the Criminal Code of Ukraine).
In addition, additional features for the qualification of a crime include grievous bodily harm (Articles 123 and 124 of the Criminal Code of Ukraine).
What are bodily injuries? According to the generally accepted definition, this is a violation of the anatomical integrity of organs, tissues and their functions. Physical injuries can occur as a result of the action of one or several factors at the same time: chemical, physical, mental, biological. As for the degree of severity of bodily injury, it is determined by a forensic expert in accordance with the current Rules of forensic medical determination of the degree of severity of bodily injuries. They were approved by the Order of the Ministry of Health of Ukraine dated January 17, 1995.
The first part of Article 121 of the Criminal Code provides for the following punishment for inflicting grievous bodily harm: imprisonment for a term of 5 to 8 years. The second part of Article 121 of the Criminal Code provides for deprivation of liberty for a period of 7 to 10 years in the event that the inflicted bodily injuries lead to the death of the victim. Also, this punishment occurs in cases where the crime is committed by a group of persons based on a prior conspiracy, for reasons of national, racial or religious intolerance.
Judicial practice under Articles 121/122 of the Criminal Code of Ukraine
According to legal practice, the majority of crimes dealt with by law enforcement agencies involve bodily harm.
No one is immune from this. Every day we can meet with aggression. Thus, crimes against health and life are not uncommon. Of course, each situation is individual. Offenses under Articles 121/12 of the Criminal Code of Ukraine can be committed, for example, out of revenge. At the same time, they are thought through to the smallest details. However, in some cases it may be an accident or self-defense.
For example, a person acted in self-defense. However, it is difficult for the court and the investigation to prove that there was no violation of the limit of necessary protection and that the person was in a state of real danger from the attacker. To provide strong evidence, you need to use the help of professional lawyers.
So, if they try to prosecute you under articles 121/122 of the Criminal Code of Ukraine, you need to enlist the support of a lawyer. It is the lawyer who will help assess each of the situations individually and analyze it for the following factors:
- Presence of intention.
- Behavior of the victim before committing the crime.
- Committing a crime due to negligence.
- Presence of aggravating/mitigating circumstances.
Lawyers Prykhodko and Partners will be able to develop the most competent line of defense.
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