A lawyer in a criminal case about causing bodily harm – Art. 121, 122, 123, 124, 125, 126, 127, 128, 129 KKU

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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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A lawyer in a criminal case about causing bodily harm – Art. 121, 122, 123, 124, 125, 126, 127, 128, 129 KKU

Reading time: 3 min.

Causing bodily harm is a very common element in criminal cases. This is the illegal careless or intentional harm to the health or even the life of another person. This damage consists in the violation of the physical function of tissues or the anatomical integrity of the organs of the human body. According to current legislation, all bodily injuries can be divided into several groups: light, moderate and severe injuries. In this article, we will consider the specifics of criminal cases that are accompanied by causing bodily harm. To begin with, we should note that this is one of the areas of activity of the lawyers of our Prykhodko and Partners law office.


Liability under Articles 121-129 of the Criminal Code

To begin with, let's define the objective and subjective side of the crime. The object of the crime is human health. Criminal actions are presented in the form of action or inaction:

  • Action - the application of mental or physical influence using various means and tools.
  • Inaction is the failure of the suspect to take actions that could prevent serious harm to someone else's health.

In addition, any criminal case of this category has its own consequences, that is, harming human health.

The subject of the crime is a convicted person (that is, a person who has reached the age of 14). The subjective side of the crime can be formulated as follows: intentional guilt of the accused, that is, the person is clearly aware that his actions can harm the health and life of the victim. At the same time, the motive is given a very important importance. Let's consider this on the example of some of the articles listed above.

Article 121 of the Criminal Code

This article is about intentional injury. In the absence of signs that increase responsibility, this article provides for imprisonment for up to 8 years. The degree of punishment largely depends on the presence of aggravating circumstances:

  • Use of weapons.
  • The victim is an incapacitated or minor person.
  • The actions of the accused are particularly brutal.
  • The causes of violence are political, religious or racial hatred.

If beatings and injuries lead to the death of the victim, the punishment is up to 10 years of imprisonment.


Article 123 of the Criminal Code

This article is about causing serious damage to health in a state of affect. As for the state of affect, the current Ukrainian legislation is quite lenient towards the accused. For example, among the mitigating factors is a strong emotional experience, which became the main reason for committing a crime. Depending on the gravity of the crime, the accused may be imprisoned for up to 2 years. In addition, the court decision may be limited to the appointment of coercive/remedial works.

Article 124 of the Criminal Code

This article defines liability for grievous bodily harm caused by exceeding permissible self-defense. The punishment for committing this crime is similar to Article 123 of the Criminal Code of Ukraine.

Assistance of professional lawyers under Articles 121-129 of the Criminal Code

If you or your loved ones are accused under Articles 121-129 of the Criminal Code of Ukraine, the first thing to do is to seek help from professional lawyers. Prykhodko and Partners specialists will be able to build an effective defense strategy. If necessary, we can submit a petition, prepare documents for conducting additional examinations.

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