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.
Are fractures the same for everyone or are they always different?
Jaw fractures can be completely different, and it is impossible to independently determine which one you have. It all depends on the nature of the injury, the direction of the force, and the position of the person at the time of exposure to the traumatic factor. The diagnosis can only be made based on x-rays. Here are the main types and classifications of fractures:
- direct and indirect: in the first case, the area that was affected is directly injured. With an indirect injury, it is not the area of impact that is damaged, but the tissues located next to it,
- oblique, transverse, longitudinal: it all depends on the direction in which the fracture of the jaw bone will go,
- single and multiple: there can be only one fault, but most often there are many of them,
- large and small: if the bone is split into several fragments, then we are talking about a major fracture. If there are a lot of fragments and they are small, then doctors diagnose a minor fracture,
- one-sided and two-sided,
- open and closed: the first type involves damage not only to bone tissue, but to the mucous membrane, periodontal tissue, and teeth. The second type is much less common and only damages bone tissue.
Fractures can be different
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.
What is the punishment for a broken jaw?
As a result of the conflict, one young man hit another in the face. The victim suffered a fractured upper jaw and a mild concussion. What responsibility?
Lawyers' answers (3)
Much depends on the circumstances of the conflict and the consequences for health, but causing harm to health of moderate severity is punishable by a maximum of 5 years in prison, no one can say for sure without knowing all the circumstances of the case and its participants. The law still allows for a lot of options - suspended imprisonment, taking into account aggravating circumstances, personal characteristics, the punishment is assigned to each violator individually.
Hello Elena . Article 115. Intentional infliction of minor harm to health [Criminal Code of the Russian Federation] [Chapter 16] [Article 115]
1. Intentional infliction of slight harm to health, causing short-term health disorder or minor permanent loss of general ability to work, -
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.
Client clarification
What if it’s not a fracture, but a crack? And there is a witness that the victim himself provoked the conflict
02 March 2015, 21:53
Fracture of the bones of the facial part, as a rule, 112 of the Criminal Code of the Russian Federation (but determined by examination):
Article 112. Intentional infliction of moderate harm to health [Criminal Code of the Russian Federation] [Chapter 16] [Article 112]
2. The same act committed:
a) in relation to two or more persons;
b) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;
c) in relation to a minor or another person who is known to be in a helpless state by the perpetrator, as well as with special cruelty, humiliation or torture for the victim;
d) by a group of persons, a group of persons by prior conspiracy or an organized group;
e) for hooligan reasons;
f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;
h) with the use of weapons or objects used as weapons -
is punishable by imprisonment for a term of up to five years.
What is the liability if a jaw is broken during a fight?
Good afternoon, a month ago an unpleasant situation occurred, my boyfriend got into a fight with another unfamiliar guy while intoxicated, as a result of which he broke his jaw, there is a medical examination, a case has been filed, witnesses, etc.
the police advises them to negotiate moral compensation themselves, first they agreed on treatment, that is, 30 thousand, but the victim’s wife asks 70 because during this time he will simply sit at home, although he was going to start working (before this, the guy had not worked anywhere for at least a year, especially since Officially, is it worth pursuing this or sorting it out in court? Can the court take these circumstances into account and not increase the amount of damage?
Answers from lawyers (7)
Criminal Code of the Russian Federation, Article 112. Intentional infliction of moderate harm to health
Have a question for a lawyer?
If your boyfriend has not been convicted before, then you should think about reconciliation with the victim.
The procedure for reconciliation of the parties is regulated by the provisions of Article 76 of the Criminal Procedure Code of the Russian Federation and Article 25 of the Criminal Procedure Code of the Russian Federation. Thus, according to Article 25 of the Criminal Procedure Code of the Russian Federation / Termination of a criminal case in connection with the reconciliation of the parties /:
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.
From Article 76 of the Criminal Code of the Russian Federation /Exemption from criminal liability in connection with reconciliation with the victim/ it follows that:
a person who has committed a crime of minor or medium gravity for the first time may be released from criminal liability if he has reconciled with the victim and made amends for the harm caused to the victim.
Based on Article 15 of the Criminal Code of the Russian Federation /Categories of Crimes/:
— crimes of minor gravity are considered intentional and careless acts, for the commission of which the maximum punishment does not exceed 3 years of imprisonment /part 2/;
— crimes of average gravity are considered intentional acts, for the commission of which the maximum penalty does not exceed 5 years of imprisonment, and careless acts, for the commission of which the maximum penalty does not exceed 3 years of imprisonment /part 3/.
The fact of transferring money or other material assets to the victim, or gratuitous services provided to compensate for the damage caused must be documented - in the form of a receipt drawn up by the victim himself, indicating the date of its preparation, the amount received or specific values, the list of services provided, for what exactly they were received, in what particular criminal case and in compensation for what particular harm caused. Such details can protect you in the future if you change the position of the victim or completely refuse the fact of compensation for harm.
In addition, the victim must, in his own hand, addressed to the investigator, or the investigator or the judge (depending on the stage of the criminal case), make a simple written statement that he has no claims against the accused/defendant, the harm caused by the latter has been compensated or otherwise made amends that he has reconciled with the accused/defendant, and asks to terminate the criminal case on the basis of Article 76 of the Criminal Procedure Code of the Russian Federation, Article 25 of the Criminal Procedure Code of the Russian Federation. In addition, the victim must personally support his position on reconciliation in court.
If you have not received a comprehensive answer, or you have new questions, I am ready to provide additional clarifications! For more detailed advice or preparation of documents, you can contact the chat.
And if we assume we don’t agree on the amount, it turns out that there was no reconciliation, and there will be a trial, taking into account “Intentional infliction of moderate harm to health, not dangerous to human life and not entailing the consequences specified in Article 111 of this Code, but causing long-term distress health or significant permanent loss of general ability to work by less than one third, is punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.” plus material damage for treatment or without it? and one more thing: when the parties are reconciled, the person will not seem to be judged? since in some cases this is the main factor when hiring, and getting close relatives of certain professions, more precisely work in the legal field?
27 July 2022, 10:54
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.
Good afternoon Marina, good afternoon! Lawyer Pavel Gaikalov has sorted everything out for you. Your boyfriend should pay for the treatment of the victim and make amends for moral damages. Try to negotiate with the victim, reduce the amount, and be sure to apologize. It is not yet known exactly how all his bones will heal.
If this is the first open criminal case for your boyfriend, then it is better to stop it, because... In the future, the consequences for employment will be negative. You will need to take a reference for your boyfriend.
And when resolving the issue with the victim, he will have to write a statement to the investigator or to the court asking to terminate the criminal case.
This will be taken into account in court as a mitigating circumstance.
Criminal Code of the Russian Federation, Article 61. Circumstances mitigating punishment
1. The following are recognized as mitigating circumstances:
j) provision of 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, and other actions aimed at making amends for the harm caused to the victim.
and one more thing: when the parties are reconciled, the person will not seem to be judged? since in some cases this is the main factor when hiring, and getting close relatives of certain professions, more precisely work in the legal field?
The guy will be considered not to have been convicted, but to have been prosecuted, which is not a rehabilitative basis.
When requesting information from the GIAC of the Ministry of Internal Affairs of the Russian Federation, information about this criminal case will be included in the edit until you reach 80 years of age.
If you achieve reconciliation, there is a good chance that the case will be dropped. This means there will be no criminal conviction, criminal liability and subsequent conviction. And without reconciliation, the likelihood of being held accountable is very high.
Hello. If your young man has not been previously convicted, then most likely, according to established judicial practice, he will be given a suspended sentence. If you resolve the issue with reconciliation, then your young man will not be legally convicted.
to our lawyers - it’s much faster than looking for a solution.
Punishment for a broken jaw
My name is Sergei, I have the following question: an acquaintance of mine kicked a man once in the face and broke his jaw, he was drunk and provoked my acquaintance into aggression. This victim filed a statement with the police. What liability does my friend face?
2 answers to a question from lawyers 9111.ru
Criminal liability depends on the severity of harm to health, which is determined by the examination: Qualifying signs of the severity of harm caused to human health are:
a) in relation to grave harm:
harm dangerous to human life;
loss of vision, speech, hearing or any organ or loss of organ functions;
drug addiction or substance abuse;
permanent facial disfigurement;
significant permanent loss of general ability to work by at least one third;
complete loss of professional ability to work;
b) in relation to average severity of harm:
long-term health disorder;
significant persistent loss of total working capacity of less than one third;
c) in relation to minor harm:
short-term health disorder;
minor persistent loss of general ability to work.
Apparently, criminal liability under Art.
112 of the Criminal Code of the Russian Federation, namely, intentional infliction of moderate harm to health, not dangerous to human life and not entailing the consequences specified in Article 111 of this Code, but causing long-term health disorder or significant permanent loss of general working capacity of less than one third, is punishable by restriction freedom for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years
This is about responsibility. Regarding general prospects, it is necessary to work out with a lawyer all possible options for action, including termination of the criminal case in accordance with Art. 25 Code of Criminal Procedure of the Russian Federation, Art. 76 of the Criminal Code of the Russian Federation.
What is the penalty for a broken jaw?
Hello! my neighbor insulted me, hurting my personal dignity, after which he received a blow to the forehead from me in a fit of anger; I did not calculate the force of the blow and broke his jaw, after which he ended up in the hospital.
his relatives are demanding a large sum from me for silence. What will happen to me if they do file a police report against me? (considering that I was only recently detained under Art.
228 and got off with a fine that I didn’t pay)
April 29, 2015, 08:39 Vlad, Moscow
A broken jaw involves causing harm to health of either moderate severity (Article 112 of the Criminal Code of the Russian Federation) or serious harm to health (Article 111 of the Criminal Code of the Russian Federation). The severity of harm to health is determined by a forensic medical examination.
If a criminal case is initiated under Article 112 of the Criminal Code of the Russian Federation, then the criminal case may be terminated due to reconciliation with the victim (in the absence of an existing criminal record). If a criminal case is initiated under Article 111 of the Criminal Code of the Russian Federation, then, unfortunately, neither the preliminary investigation authorities nor the court will terminate the criminal case, because This crime falls into the category of a serious crime.
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.
Is it possible to help a person with such an injury on your own?
If your friend or loved one has suffered a broken jaw, then the only right decision in this case is to call an ambulance. If the person is conscious and able to swallow and breathe on their own, give syrup or a pre-crushed painkiller tablet to relieve pain. You can quickly take him to the hospital by personal vehicle, but before that you must try to immobilize the damaged area with the help of a bandage that secures the lower jaw to the upper.
Often people who receive such injuries lose consciousness. Many people stop breathing because their tongue becomes stuck and their airways become clogged with blood clots and vomit. In this case, delay and prolonged absence of professional medical care is dangerous, because without pulmonary resuscitation and other measures, respiratory failure and death can develop.
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.
What to do if your jaw is broken
The figure above shows a schematic representation of the localization of typical fractures of the lower jaw : 1 - median fracture; 2 - chin (mental) fracture; 3 - fracture in front of the angle of the jaw; 4 - fracture behind the angle of the jaw; 5 - fracture of the jaw branch; 6 - fracture of the neck of the jaw (condylar process).
Regional Clinical Hospital - Krasnoyarsk, st. Partizana Zheleznyaka, 3a Department of Maxillofacial Surgery, tel. 8 (391) 2201547, 2201517
In the early stages, it is necessary to start antibiotic therapy: ciprofloxacin, augmentin or amoxiclav (500 mg, 1 capsule 2 times a day - 7-10 days), rinsing the mouth with antiseptic solutions (chamomile decoction, stomatophyte, rotokan), calcium preparations (calcium D3).
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.
How to properly treat a jaw fracture?/Family doctor/ASYL ARNA
President of BC Krasnye Krylia Vladislav Kapustin says he is not taking part in the process: The club has nothing to do with the night fight between American defender Aaron Miles and local university student Maxim Borzov, the president said. “This is a personal matter for Miles himself.” Everything that happened did not happen on the basketball court, but in the basketball player’s personal time.
We know that our American Legionnaire has hired an attorney to handle his case and represent his interests.
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 to do if a report of assault has been filed against you
It is not possible to file a report of battery in all cases. For an application to be accepted, the following factors must be satisfied:
The application does not have a set form and therefore can be drawn up in free form , written by hand, electronically or orally, when the officer on duty at the police station writes down what the applicant said under dictation. The statement of beatings is made exclusively in the name of the chief of police.
According to Article 115 of the Criminal Code of the Russian Federation, the result of filing a statement of beatings may result in the following penalties for the accused person:
- If he really beat the applicant and this can be confirmed by witnesses, the best solution would be to admit guilt, which could subsequently become a mitigating circumstance;
Battery is a criminal offense and is prosecuted by law. Therefore, the person against whom these acts were committed has the right to seek help from law enforcement agencies.
