Criminal responsibility for beating a person – a lawyer under Art. 125 KKU

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Kovalev Artem

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Criminal responsibility for beating a person – a lawyer under Art. 125 KKU

Reading time: 4 min.

Ukrainian legislation has comprehensive norms aimed at protecting the rights and safety of citizens. However, sometimes situations related to physical violence can bring to the fore the issue of criminal responsibility for beating a person. According to the Criminal Code of Ukraine, Article 125 determines the legal consequences of causing bodily harm.

 

The concept of beating and the degree of severity of physical injuries

Beating a person, defined in Article 125, covers a wide range of actions that lead to physical injuries. It is important to distinguish between different degrees of severity of physical injuries, as this directly affects the criminal liability of the accused. From minor injuries to severe injuries that can result in long-term disability or death, the court system treats each case individually.

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The essence of Article 125 of the Criminal Code

Article 125 of the Criminal Code of Ukraine regulates criminal liability for causing bodily harm. According to this article, three main types of punishments are defined:

Monetary penalty.

  • One of the types of punishment is a monetary fine, which can be imposed by the court.
  • The amount of the fine is determined by taking into account various circumstances, such as the severity of the injuries, the socio-economic status of the accused and other factors.
  • A monetary fine may be imposed separately or in combination with another type of punishment.

Limitation of will.

  • The court may decide to impose a punishment in the form of restriction of freedom.
  • The duration of restraint of will is determined taking into account the circumstances of the case and can be set for a certain period.

Imprisonment.

  • The most serious punishment under Article 125 is imprisonment.
  • The court sets the term of imprisonment, which can be from six months to five years.
  • Deprivation of liberty can be conditional, that is, the accused can avoid actual imprisonment if he complies with the conditions set by the court.

The choice of punishment depends on important circumstances, such as the severity of the injuries, the previous criminal record of the accused, and other circumstances that may affect the determination of the punishment.

 

Protection of the rights of the accused

A lawyer who specializes in criminal cases in accordance with Article 125 of the Criminal Code has an important task – to ensure the full protection of his client’s rights. During the defense, the lawyer must analyze all aspects of the case, including the circumstances of the event, the possibility of self-defense and the reasons that motivated the accused to such actions.

One of the key aspects of the defense is the study of the available evidence and its convincing presentation in court. The lawyer must ensure that any circumstances that may reduce the severity of the offense or indicate the lack of guilt of the accused are taken into account in the decision of the case.

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Cooperation with victims

A lawyer representing the accused can also work with victims to ensure a fair and efficient trial. This may include negotiating compensation and other dispute resolution mechanisms. Victims have the right to adequate compensation for the physical or emotional suffering caused to them, and a lawyer can help them obtain fair compensation.

Case law and recent changes in legislation

A lawyer specializing in Article 125 of the Criminal Code must always be up to date with the latest changes in legislation and judicial practice. Changes in legislation can affect the process of trial and the determination of guilt.

It is also important to follow judicial practice, as it can determine the peculiarities of the interpretation of the law in specific cases.
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