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Criminal Code of RA (Chapter 16 - Crimes against life and health) 18.04.2003
Article 104. Murder 1. Murder is illegal willful deprivation of one’s life punished with imprisonment for 6 to 12 years. 2. Murder: 1) of 2 or more persons, 2) of the person of close relative of the latter, due to service and public duty of the person; 3) combined with kidnapping or taking hostage; 4) pregnant woman; 5) with particular cruelty; 6) committed in a way dangerous for the life of many people; 7) by a group of people or by an organized group; 8) out of mercenary motives and combined with extortion and banditry; 9) combined with terrorism; 10) out of hooliganism; 11) to conceal another crime or to facilitate the committal of the latter; 12) combined with rape or violent sexual actions; 13) out of motives of national, race or religious hate or fanatism; 14) for the purpose of utilization of the parts of the body or tissues of the victim; 15) by a person who previously committed a murder, except actions envisaged in Articles 105-108 of this Code, is punished with 8-15 years of imprisonment or for life. Article 105. Murder in the state of strong temporary insanity (fit of insanity). 1. The murder committed in the state of suddenly arising depression caused by regular illegal and immoral behavior of the aggrieved as well as the murder committed in the state of sudden insanity caused by the violence, mockery, heavy insults or other illegal, immoral actions (inaction) of the aggrieved, is punished with imprisonment for the term of up to 4 years. 2. Murder of two or more persons in the state of strong insanity, is punished with imprisonment for the term of up to 6 years. Article 106. Murder of a newly born child by the mother. Murder of a newly born child by the mother during the child birth or immediately thereafter, as well as in the state of depression or in the state of mental disorder not ruling out sanity, is punished with imprisonment for the term of up to 4 years. Article 107. Murder of a criminal through the use of excessive measures when capturing the latter. Murder of a criminal through the use of excessive measures when capturing the latter, is punished with restriction of freedom for the term of 3 years or with imprisonment for the term of up to 3 years. Article 108. Murder by exceeding necessary defense. Murder by exceeding necessary defense is punished with imprisonment for the term of up to 3 years. Article 109. Causing death by negligence. 1. Causing death by negligence is punished with imprisonment for the term of 3 years. 2. Causing death by negligence to two or more people is punished with imprisonment for the term of up to 5 years. Article 110. Causing somebody to commit suicide. 1. Causing somebody to commit suicide or make an attempt at a suicide by indirect willfulness or by negligence, by means of threat, cruel treatment or regular humiliation of one’s dignity, is punished with imprisonment for the term of up to 3 years. 2. The same act committed in relation to a person in financial or other dependence of the perpetrator, is punished with imprisonment for the term of up to 5 years. Article 111. Abetment of suicide. Abetment of suicide, creation of determination in the person to commit suicide by means of instructions, deception, etc., if the person committed suicide or made a suicide attempt, is punished with imprisonment for the term of up to 3 years. Article 112. Infliction of willful heavy damage to health. 1. Infliction of willful bodily damage which is dangerous for life or caused loss of eye-sight, speech, hearing or any organ, loss of functions of the organ, or was manifested in irreversible ugliness on face, as well as caused other damage dangerous for life or caused disorder, accompanied with the stable loss of no less than one third of the capacity for work, or with complete loss of the professional capacity for work obvious for the perpetrator, or caused disruption of pregnancy, mental illness, drug or toxic addiction, is punished with imprisonment for the term of 3 to 7 years. 2. The same act, committed: 1) in relation to two or more persons; 2) in relation to the person or his relatives, concerned with this duty or carrying out one’s public duty; 3) in relation to a kidnapped person or hostage; 4) with particular cruelty; 5) by a means dangerous for other people’s life; 6) by a group of persons, by an organized group; 7) with mercenary motives, as well as accompanied with extortion; 8) accompanied with terrorism; 9) with hooligan motives; 10) to conceal another crime or facilitate its committal; 11) accompanied with rape or violent sexual acts; 12) with motives of national, racial or religious hatred or religious fanatism; 13) with the purpose of using the parts of the body or tissues of the aggrieved, 14) if caused the death of the aggrieved by negligence, is punished with imprisonment for the term of 5 to 10 years. Article 113. Infliction of willful medium-gravity damage to health. 1. Infliction of willful bodily injure or any other damage to health which is dangerous for life and did not cause consequences envisaged in Article 114 of this Code, but caused protracted health disorder or significant stable loss of no less than one third of the capacity to work, is punished with arrest for the term of 3 to 6 months or imprisonment for the term of up to 3 years. 2. The same act, if committed: 1) in relation to 2 or more persons; 2) in relation to the person or his relatives, concerned with this person in the line of duty or carrying out one’s social duty; 3) by a group of persons or by an organized group; 4) for mercenary purposes; 5) with particular cruelty; 6) with hooligan motives; 7) with motives of national, racial or religious hatred or religious fanatism, is punished with imprisonment for the term of up to 5 years. Article 114. Infliction of medium-gravity or grave damage to health in the state of temporary insanity. 1. Infliction of medium-gravity damage to health committed in the state of protracted depression caused by regular illegal and immoral behavior of the aggrieved as well as committed in the state of sudden affect caused by the violence, mockery, heavy insults or other illegal, immoral actions (inaction) of the aggrieved, is punished with correctional labor for the term of up to 1 year, or with arrest for for up to 2 years, or with imprisonment for the term of up to 2 years. 2. Infliction of grave damage to health which was committed in the circumstances mentioned in part 1 of this Article, is punished with arrest for 2-3 months, or imprisonment for the term of up to 3 years. Article 115. Infliction of medium-gravity or grave damage to a criminal when capturing the latter, through the use of excessive measures. 1. Infliction of medium-gravity damage to a criminal when capturing the latter, through the use of excessive measures, is punished with correctional labor for up to 1 year or arrest for the term of up to 2 months, or with imprisonment for the term of up to 1 year. 2. Infliction of grave damage to a person who committed a socially dangerous act when capturing the latter, through the use of excessive measures, is punished with correctional labor for up to 2 years, or arrest for the term of up to 1-3 months, or with imprisonment for the term of up to 2 years. Article 116. Inflicting medium-gravity or grave damage by exceeding the limits of necessary defense. 1. Inflicting medium-gravity damage by exceeding the limits of necessary defense is punished with correctional labor for the term of up to 1 year, or with arrest for up to 2 months, or with imprisonment for the term of up to 1 year. 2. Inflicting grave damage by exceeding the limits of necessary defense is punished with correctional labor for the term of up to 2 years, or with arrest for 1-3 months, or with imprisonment for the term of up to 2 years. Article 117. Infliction of willful light damage to health. Infliction of a willful bodily injury or other damage to health which caused short-term health disorder or insignificant loss of the capacity to work, is punished with a fine in the amount of 50 to 80 minimal salaries, or 180-240 hours of corrective labor, or correctional labor for up to 1 year, or with arrest for up to 2 months. Article 118. Battery. Battery or committal of other violent acts which did not cause the consequences envisaged in Article 117, is punished with a fine in the amount of up to 100 minimal salaries, or correctional labor for up to 1 year, or with arrest for the term of up to 2 months. Article 119. Torture. 1. Torture is willfully causing strong pain or bodily or mental sufferance to a person, if this did not cause consequences envisaged in Articles 112 and 113, is punished with imprisonment for the term up to 3 years. 2. The same actions, committed: 1) in relation to 2 or more persons; 2) in relation to the person or his relatives, concerned with this person in the line of duty or carrying out one’s public duty; 3) in relation to a minor or a person dependent financially or otherwise on the perpetrator, as well as, in relation to a kidnapped person or hostage. 4) In relation to a pregnant woman; 5) By a group of persons or by an organized group; 6) With particular cruelty; 7) with motives of national, racial or religious hatred or religious fanatism, is punished with imprisonment for the term of 3 to 7 years. Article 120. Inflicting grave damage through negligence. 1. Inflicting grave damage through negligence is punished with a fine in the amount of up to 200 minimal salaries or with corrective labor for up to 1 year, or arrest for the term of 1 to 2 months. 2. Inflicting grave damage through negligence to 2 or more persons is punished with correctional labor for the term of up to 2 years or with imprisonment for the term of up to 2 years. Article 121. Inflicting medium-gravity damage through negligence. 1. Inflicting medium-gravity damage through negligence is punished with a fine in the amount of 50 to 100 minimal salaries, or corrective labor for the term of up to 1 year, or with arrest for the term of up to 2 months. 2. Inflicting medium-gravity damage through negligence to 2 or more persons is punished with correctional labor for the term of up to 2 years or with imprisonment for the term of up to 1 year. Article 122. Performing illegal abortion. 1. Performing illegal abortion by a person with appropriate higher medical education is punished with a fine in the amount of up to 100 minimal salaries, or corrective labor for 1-2 years, or with arrest for the term of up to 1 month, or with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years. 2. Making illegal abortion by a person with no appropriate higher medical education is punished with a fine in the amount of up to 200 minimal salaries or with arrest for the term of 1 to 3 months, or with imprisonment for the term of up to 2 years. 3. Actions envisaged in part 1 or 2 of this article, if they caused the death of the aggrieved or grave damage to the health by negligence, or were performed by a person previously convicted for illegal abortion, are punished with imprisonment for the term of up to 5 years, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years. Article 123. Infecting with AIDS virus. 1. Subjecting another person to the obvious danger of infection with AIDS, is punished with correctional labor for the term of up to 2 years, or with arrest for the term of up to 2 months, or with imprisonment for the term of up to 1 year. 2. Infecting another person with AIDS willfully or self-confidently, by another person who was aware that he had the disease, is punished with imprisonment for the term of up to 1 year. 3. The committed actions envisaged in part 2 of this Article, which was committed: 1) in relation to 2 or more persons; 2) in relation to a minor, 3) in relation to a pregnant woman, are punished with imprisonment for the term of 3 to 8 years. Article 124. Infecting with venereal or other sexually transmitted diseases. 1. Infecting another person with venereal disease or other sexually transmitted diseases by a person who was aware that he had this disease is punished with a fine in the amount of 200 to 400 minimal salaries, or correctional labor for 1-2 years, or with arrest for 1 to 3 months. 2. The same action committed in relation to: 1) in relation to 2 or more persons; 2) in relation to a minor, 3) in relation to a pregnant woman, is punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for the term of up to 2 years. Article 125. Breach of rules for transplantation operations. 1. Breach of procedure and conditions envisaged by law for harvesting or transplantation of parts of human body or tissues, which through negligence caused grave or medium-gravity damage to the donor of the parts of the body or tissues or to the recipient, is punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for the term of up to 3 years, or deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years or without the latter. 2. The same actions which through negligence caused the death of the aggrieved, is punished with imprisonment for the term of up to 5 years, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years. Article 126. Enforced donation of parts of the body or tissues. 1. Making a person donate parts of the body or tissues for transplantation or experimental purposes, by violence or threat of violence is punished with imprisonment for the term of up to 4 years, with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that. 2. The same action committed: 1) in relation to a helpless person; 2) in relation to a person financially or otherwise dependent on the perpetrator; 3) in relation to a minor, is punished with imprisonment for the term of 2 to 5 years, with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that. 3. The action envisaged in parts 1 or 2 of this Article, committed by an organized group, is punished with imprisonment for the term from 4 to 10 years. Article 127. Subjecting a person to medical or scientific experiment without the consent of the latter. 1. Subjecting a person to medical or scientific experiment without free expression of will and informed and proper consent of the latter, is punished with a fine in the amount of 200 to 400 minimal salaries, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that. 2. The same act committed: 1) in relation to a helpless person; 2) in relation to a person financially or otherwise dependent on the perpetrator; 3) in relation to a minor, is punished with imprisonment for 1 to 3 years, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that. 3. The same act committed by an organized group or caused severe consequences by negligence, is punished with imprisonment for 2 to 6 years, deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that. Article 128. Abandonment in danger. 1. Failure to offer needed and obviously urgent help to a person in a situation posing danger to life or failure to advise relevant bodies about the necessity to help, if the offender was not obliged to care about the aggrieved and which did not threaten the offender’s life, is punished with a fine in the amount of 50 to 100 minimal salaries, or corrective labor for up to 1 year. 2. Abandonment of a person deprived from the possibility to take measures for one’s self-protection in a situation dangerous for life or health, if the offender had the real possibility to help this person and was obliged to take care of this person, or the offender placed this person in a dangerous situation, is punished with a fine in the amount of 100 to 150 minimal salaries, or with arrest for up to 2 months. 3. The act envisaged in part 2 of this Article which caused death or other grave consequences, is punished with a fine in the amount of 100 to 200 minimal salaries, or with arrest for up to 3 months, or with imprisonment for up to 3 years. Article 129. Failure to help the patient. 1. Failure without good reasons by the person who was obliged to help the patient, if this caused grave or medium-gravity damage to the patient through negligence, is punished with a fine in the amount of 50 to 100 minimal salaries, or correctional labor for up to 1 year, or with an arrest for the term of 1 to 2 months. 2. The same crime, if the action, through negligence, caused the patient’s death, is punished with imprisonment for the term of up to 3 years, with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that. Article 130. Failure to implement or improper implementation of professional duties by medical and support personnel. 1. Failure to implement or improper implementation of professional duties by medical and support personnel, as a result of careless or not diligent treatment which through negligence caused grave or medium-gravity damage to the patient, is punished with a fine in the amount of 100 to 200 minimal salaries, or with arrest for the term of up to 3 months. 2. The same action, if it caused through negligence the patient’s death or AIDS infection, is punished with imprisonment for the term from 2 to 6 years, with deprivation of the right to hold certain posts and practice certain activities for the term of up to 3 years, or without that. |
