PUNISHMENT FOR QUALIFIED TYPES OF INTENTIONAL GRAVE BODILY HARM

Abstract

The article considers the issues of establishing and imposing punishment for intentional grievous bodily harm with aggravating circumstances, as provided for in Part 2 of Article 121 of the Criminal Code of Ukraine. The degree of social danger of all qualified types of intentional grievous bodily harm is determined by the legislator in the sanction of Part 2 of Article 121 of the Criminal Code of Ukraine, which provides for a penalty of imprisonment for a term of seven to ten years. A comparison of the sanctions of Part 1 and Part 2 of Article 121 of the Criminal Code of Ukraine allows us to assert that the legislator assumes the possibility of identifying the degree of social danger of the criminal offenses provided for by them within the limits of imprisonment for a term of seven to eight years. In addition, an analysis of judicial practice in imposing punishment for the above acts indicates that there are frequent cases of courts leveling the impact of circumstances aggravating intentional grievous bodily harm on the degree of public danger of the act, which is reflected in fairly small amounts of punishment in the form of imprisonment for a certain period. The article substantiates proposals to provide for parts two and three of Article 121 of the Criminal Code of Ukraine, which would contain aggravating and especially aggravating circumstances, respectively. Aggravating circumstances include intentional infliction of serious bodily harm by a group of persons or for reasons of racial, national or religious intolerance, and especially aggravating circumstances include committing an act in a manner that is particularly tortuous, with the aim of intimidating the victim or other persons, committing an act on order, or causing the death of the victim. The sanctions provide for the following types and amounts of punishment: part one – imprisonment for a term of four to six years, part two – imprisonment for a term of six to eight years, part three – imprisonment for a term of eight to ten years.