Definitions of serious harm to health that is life-threatening
Paragraph 11 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines serious harm to health as such harm that:
- Life-threatening,
- Led to the loss of an organ or its functions,
- Caused permanent facial disfigurement,
- Caused permanent disability of at least one third,
- Complete loss of professional ability to work,
- Termination of pregnancy,
- Mental or behavioral disorder.
1. Definition of serious harm to health:
- This is the most serious category of bodily injury, which includes not only danger to life, but also long-term negative consequences for human health, such as loss of vision, hearing, fertility, and others. The definition of serious harm includes both physical and psychological harm.
2. Relationship with other legal norms:
- The Civil Code of the Republic of Kazakhstan (CC RK) regulates issues of compensation for damage caused to health (for example, Articles 917 and 952 of the CC RK). Damage classified as serious entails the obligation to reimburse expenses for treatment, rehabilitation, lost earnings and compensation for moral damage.
- The Code of Administrative Offences of the Republic of Kazakhstan (CAO RK) also contains norms related to harm to health, although serious harm is qualified exclusively within the framework of criminal law.
3. Regulatory rulings of the Supreme Court of the Republic of Kazakhstan:
- Regulatory Decree No. 4 of June 25, 2010 clarifies the procedure for qualifying bodily injuries, including serious harm to health. The resolution states that serious harm must be determined on the basis of a forensic medical examination and may include such parameters as permanent disability, organ loss or danger to life.
- The issues of classification of bodily injuries are also addressed in Regulatory Decree No. 17 of 2007. It is noted that the loss of professional or general ability to work, exceeding one third, is the basis for qualifying harm as serious.
4. The practical significance of serious harm to health:
- In criminal law, serious harm to health is often a qualifying feature when committing crimes, such as intentional harm to health (for example, Articles 106 and 107 of the Criminal Code of the Republic of Kazakhstan). These articles provide for severe penalties for causing such injuries, up to long terms of imprisonment.
5. An example of law enforcement practice:
- Judicial practice in Kazakhstan proceeds from the fact that the infliction of serious harm to health is assessed on the basis of the conclusions of forensic medical experts, who determine the degree of damage, their impact on the life and ability to work of the victim.
Serious harm to health is a legal category covering serious physical and mental injuries that are life—threatening and have long-term consequences for human health. These injuries play a key role in the qualification of crimes, which affects the amount of punishment and compensation for victims.
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