Crimes against health - types of bodily injury.
The cause of bodily harm is actually an injury to the health of the human person, so we can define them as crimes against health. The law distinguishes three types of bodily harm: heavy, medium and light.
Severe bodily injury
There are a number of hypotheses in the NR where the physical damage is severe:
body damage is severe if it is caused: prolonged consciousness disorder; constant blindness with either or both eyes; constant deafness; loss of speech; childbearing disability; the disfigurement that causes forever the disorder of speech or sensory organ; loss of one kidney, spleen or wrist; loss or mutilation of the foot or hand; a permanent general health disorder that is life-threatening.
Average bodily injury
Body damage is mean if it is caused: permanent loss of vision or hearing; persistent obstruction of speech, movement of the extremities, the body or the neck, the functions of the genital organs without causing a childbearing disability; jaw fracture or tooth decay without difficulty in chewing or talking; disfigurement of the face or other parts of the body; permanent disorder of health, life-threatening, or health-related disorder, temporarily life-threatening; injuries that penetrate the cranial, chest and abdominal cavity. "
Mild bodily injury
Two types - with a health disorder in other cases; which is to cause pain or suffering without a health disorder
In all compositions, the subject is general. It does not matter how the injury was caused. The peculiarity of the subjective party is that it is necessary to establish the intention to cause bodily harm in accordance with objectively occurring composite consequences.
Body damage is more severely punishable in dangerous relapse, ie. if it is repeated, the penalty provided is dependent on its type.
Qualified cases of bodily harm are listed in the Criminal Code:
1. with regard to the subject, by an official, as well as by a representative of the public, by a police body during or in connection with the performance of his office or function; again; a dangerous recurrence; or carried out by a person who has deliberately committed another serious or average bodily injury for which no sentence has been issued; committed by a person acting on commission or in pursuance of a decision of an organized criminal group;
2. having regard to the subject-matter of an official, of a representative of the public and of a military person, including an allied or friendly State or army, in or in connection with the performance of his office or function or of a person enjoying an international protection of a father or mother, a pregnant woman, a minor or more than one person; but a judge, a prosecutor, an investigator, a police body, an investigating officer, a state enforcement agent, a private enforcement agent and a private enforcement agent, as well as a customs officer, a revenue authority, an employee of the Executive Forest Agency or an employee of The Ministry of Environment and Water, exercising control over or in connection with the performance of its office or function;
3. in view of the objective country - in a way or means dangerous to the lives of many and with extreme cruelty;
4. with regard to the subjective side-for-profit; with a view to facilitating or concealing another crime committed by hooligan, racist and xenophobic motives;
Also, bodily harm is caused by intentional intentions, in excess of inevitable defense and by negligence. For bodily harm caused to another in a state of severe irritation caused by the victim of violence, severe insult, defamation or other illegal act of which have been or may have serious consequences for the offender or his / her neighbor, the punishment shall be: in the Criminal Code "who causes someone to neglect a severe or average bodily injury shall be punished by imprisonment of up to one year or probation." NC-professional indiscipline: "Whoever causes a severe or moderate bodily injury due to ignorance or improper performance of a profession or other regulated activity that constitutes a source of increased danger shall be punished ..." Qualification in case of lack of competence, drunk condition, more than 1 victim; the provision of aid is an attenuating circumstance.
In the Criminal Code, hypotheses of deliberate and negligent contamination of others with venereal disease are envisaged; as well as risk and deviation from treatment.
Health-related crimes include ill-treatment (life-threatening or health-related or non-assistance).