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Definition of minor harm to health

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Definition of minor harm to health 

Paragraph 13 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines slight harm to health as such harm that:

- Led to a short-term health disorder (for a period of no more than 21 days),

- Caused a slight permanent loss of general disability (less than one-tenth). 

1. Definition of minor harm to health:

   - Minor injuries are the least serious consequences for a person's physical condition, but may include minor injuries, bruises, scratches, contusions, minor sprains, minor burns, etc. 

2. Qualification under the Criminal Code of the Republic of Kazakhstan:

   - Article 108-1 of the Criminal Code of the Republic of Kazakhstan regulates the intentional infliction of minor harm to health. In contrast to moderate or serious harm, acts that lead to minor harm are qualified as less serious crimes, and the penalties for them, as a rule, are less severe (for example, fines, correctional labor, administrative arrest). 

3. Connection with civil law:

   - Harm to health, which qualifies as light, may require compensation under the Civil Code of the Republic of Kazakhstan. Article 917 of the Civil Code of the Republic of Kazakhstan states that a person who has caused harm to health must reimburse the cost of treatment, as well as compensate for the lost income associated with temporary disability. 

4. Regulatory resolutions of the Supreme Court of the Republic of Kazakhstan:

   - Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007 No. 1. On the Qualification of Certain Criminal Offenses against Human Life and Health

 explains the procedure for determining the severity of harm to health. Minor harm to health can be qualified only on the basis of the conclusions of a forensic medical examination, which determines the duration of temporary disability and its impact on a person's ability to work.

   - The resolution emphasizes that a short-term health disorder should not exceed 21 days, which is an important criterion for the qualification of the act. 

5. Application in administrative offenses:

   - Minor harm to health can also be qualified as part of administrative offenses. For example, the infliction of minor bodily harm can be considered within the framework of the Code of Administrative Offenses of the Republic of Kazakhstan, if there is no malicious intent, which leads to the imposition of administrative sanctions. 

Minor harm to health is the smallest degree of physical injury that leads to a short-term deterioration in health or insignificant disability. The qualification of such injuries in the criminal and civil law of Kazakhstan is carried out on the basis of the conclusions of a medical examination, and the penalties for such acts are usually less severe than more serious crimes.

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