THE INFLUENCE OF AGGRAVATING CIRCUMSTANCES ON THE DEGREE OF SEVERITY OF INTENTIONAL GRIEVOUS BODILY HARM IN GENERAL AND SPECIAL NORMS

Abstract

The article defines general and special criminal law norms that provide for liability for intentional grievous bodily harm. The general norm is Art. 121 of the Criminal Code of Ukraine, and special ones are contained in many sections of the Special Part of the Criminal Code of Ukraine. It has been proven that the degree of severity of criminal offenses provided for by these norms includes all types - criminal misdemeanor, minor crime, serious crime, especially serious crime. Criminal misdemeanors include criminal illegal acts characterized by a threat to cause intentional grievous bodily harm. The actual causation of this bodily injury is covered by all types of crimes. It has been proven that in order to objectively determine the degree of severity of a criminal offense in the Criminal Code of Ukraine, the legislator needs to carefully study the investigative and judicial practice of applying general and special criminal law norms and conduct a comparative analysis of the types and sizes of punishments assigned to them, because a court verdict in a criminal proceeding is, in its essence, an assessment of the degree of gravity of a specific criminal offense. In the special regulations that provide for liability for intentional grievous bodily harm, when determining the degree of severity of the criminal offenses provided for by them, the legislator does not take into account the aggravating circumstances provided for in Part 2 Art. 121 of the Criminal Code of Ukraine. It is proposed in the special regulations that provide for criminal liability for causing intentional grievous bodily harm to a special victim to provide for such aggravating circumstances as the commission of this act in a way that has the character of special torture, committed by a group of persons, on order, or that caused the death of the victim.