Lawyer under Article 122 of the Criminal Code of Ukraine — bodily injury of moderate severity

A defense lawyer under Article 122 of the Criminal Code of Ukraine is needed when an incident is qualified as intentional bodily injury of medium severity (moderate bodily injury). These cases hinge on the forensic medical examination and the fine line between Articles 121, 122, and 128: one mistake in assessing consequences or the form of guilt can drastically affect sanctions and the entire defense strategy. Below, we explain what Article 122 covers, what parts and punishments the law provides, how the pre-trial investigation and court proceedings typically unfold, where a lawyer can change the course of the case, common mistakes to avoid, and answers to FAQs. If you need an individual defense strategy, contact us for a consultation.

What Article 122 of the Criminal Code of Ukraine provides

Article 122 of the Criminal Code of Ukraine establishes liability for intentionally causing bodily injury of medium severity. The key criteria are that the injury is not life-threatening at the time it is inflicted and does not have the consequences inherent to grievous bodily harm (Article 121), but it causes a prolonged health disorder or a stable loss of working capacity of less than one third. If the act is committed with the purpose of intimidating the victim or their relatives, coercing certain actions, or is motivated by racial, national, or religious intolerance, heightened liability applies (Part 2).

Core elements of the offense (intentional moderate bodily injury)

The corpus delicti under Article 122 is formed when an intentional act (or intentional omission, where relevant) leads to “medium-severity” consequences. The prosecution must prove not only the fact of injury, but also intent to cause harm to health—as opposed to negligence, accident, or lawful defense.

Indicators of “medium severity”

In forensic medical practice, a prolonged health disorder generally means a health impairment lasting more than 21 days. A stable loss of working capacity of less than one third is commonly assessed as a 10–33% general loss of working capacity. These are the key criteria that separate moderate injury from minor bodily injury.

When it is qualified as Article 122 (and not 121 or 128)

Qualification depends on the consequences and the form of guilt:

• Not Article 121 (grievous bodily harm): if there is no danger to life at the time of infliction, no loss of an organ/function, no significant (≥ 1/3) loss of working capacity, no termination of pregnancy, and no irreversible facial disfigurement. Where such signs exist, qualification shifts to Article 121 (Part 1 or Part 2 depending on qualifiers).
• Not Article 128 (negligent injury): if the act was intentional. Where the injury of medium severity is caused by negligence, Article 128 may apply.

Article parts and sanctions

Part 1 — basic form

For intentionally causing bodily injury of medium severity, the law provides the following alternatives: corrective labor for up to 2 years, or restriction of liberty for up to 3 years, or imprisonment for up to 3 years. The court chooses the type and measure of punishment based on case circumstances, the person’s background, and mitigating/aggravating factors.

Part 2 — heightened liability

For the same intentional actions committed with the purpose of intimidating the victim or their relatives, coercing certain actions, or motivated by racial, national, or religious intolerance, the sanction is imprisonment from 3 to 5 years. In practice, Part 2 is treated as significantly more serious, and courts focus closely on proving the special purpose/motive.

What the court considers when choosing punishment

Sentencing is individualized: the court evaluates the circumstances of the incident, the extent of harm, the defendant’s conduct after the event, the presence of prior convictions, and mitigating/aggravating factors. In Part 1 cases, non-custodial outcomes may be realistic where the defense is well-prepared and the facts support mitigation; in Part 2, the risk of real imprisonment is substantially higher.

How proceedings under Article 122 unfold

Pre-trial stage: medical documentation and forensic examination

Proceedings typically start with entry into the Unified Register of Pre-Trial Investigations (ERDR) and the first investigative actions. The central piece of evidence is the forensic medical examination (FME), which determines injury severity and the causal link between the event and the consequences. For the expert, the investigator collects: medical records (discharge summaries, certificates, imaging), information on treatment duration/incapacity, and examination results. It is crucial to promptly secure injuries on record, obtain witness statements, preserve video footage, identify instruments/objects involved, and document traces on clothing or at the scene.

Notice of suspicion, indictment, referral to court

If there is sufficient evidence, the investigator (with the prosecutor’s approval) serves a notice of suspicion. After completion of the investigation, the prosecutor files an indictment with the court. At this stage, the defense may seek: closure of proceedings (no event/corpus delicti, lack of proof, inadmissibility of key evidence), mitigation of the charge (for example, re-qualification to Article 125 or 128 where justified), or proof of lawful defenses and lack of intent.

Time limits, stages, and where a lawyer can change the case

A lawyer can influence the case at every stage: initiating additional or repeat examinations (FME), requesting preservation and review of medical records, filing motions to declare evidence inadmissible (violations during searches, seizures, questioning, temporary access), ensuring specialist participation, and building a coherent legal position on necessary defense (Article 36 CCU), extreme necessity (Article 39 CCU), or the absence of intent.

Why engaging a lawyer early matters

Rights protection and risk minimization

From the first hours, a lawyer helps control compliance with procedural rights, attends interviews/questioning, reduces the risk of self-incrimination, and secures defense evidence (medical documents, video, witnesses). This often prevents the harshest preventive measures and reduces the risk of incorrect qualification.

Case outlook and defense strategy

Counsel analyzes the initial materials, the form of guilt, causation, and expert conclusions; identifies whether re-qualification or a full rebuttal is realistic; evaluates sentencing risks; and proposes tactical steps (motions, examinations, investigative experiments, evidence preservation).

Motions, objections, and court representation

A criminal defense lawyer prepares procedural documents (motions to close proceedings, change a preventive measure, declare evidence inadmissible), participates in questioning of experts and witnesses, builds the cross-examination strategy, and files appeals if needed.

Common mistakes and how to avoid them

Incomplete medical file and weak forensic examination

Sometimes the FME conclusion is based on an incomplete set of documents (missing imaging, discharge summaries, complications not reflected). The defense can initiate an additional or repeat examination, clarify treatment duration, and verify whether the conclusions align with the “over 21 days” and “10–33%” criteria and whether causation is properly supported.

Misreading consequences and over-reliance on “long sick leave”

A common mistake is equating long sick leave or subjective complaints with a “prolonged health disorder.” In practice, qualification depends on the expert conclusion, objective medical data, and a proven causal link. It is also essential to check whether consequences are overstated due to comorbidities or prior injuries and, if necessary, to request a repeat or additional expert assessment.

Choosing a lawyer without Article 122 case experience

Without relevant practice, it is easy to miss key points: failing to challenge FME methodology, failing to preserve defense evidence (video, witnesses, medical history), and missing deadlines for motions. A focused defense also considers alternative legal positions—lack of intent, necessary defense/extreme necessity, or re-qualification to a less severe article where justified.

FAQ

What does “bodily injury of medium severity” mean under Article 122 CCU?

It is an intentional injury that is not life-threatening and lacks signs of grievous bodily harm, but results in a prolonged health disorder (typically more than 21 days) or a stable loss of working capacity of 10–33%. Final qualification is confirmed by the forensic medical examination.

What is the maximum punishment under Article 122 CCU?

Under Part 1: up to 3 years of restriction of liberty or imprisonment (alternative: corrective labor up to 2 years). Under Part 2: 3 to 5 years’ imprisonment.

Can criminal liability under Article 122 be avoided?

Depending on the facts, the defense may achieve:

1. Acquittal (no corpus delicti/event, inadmissible evidence, necessary defense/extreme necessity).
2. Re-qualification (for example, to Article 128 where negligence is proven, or to a less severe article if the injury level is not confirmed).
3. Other procedural outcomes where the evidence base is insufficient or unlawfully obtained.

Specific legal options must be assessed individually based on the evidence, the expert conclusion, and the procedural record.

Which lawyer actions most often influence the outcome?

Early participation in interviews; initiating additional/repeat FME; securing defense evidence (video, witnesses, medical documentation); motions to exclude unlawful evidence; building a position on intent/necessary defense; and preparing the ground for re-qualification where justified.

How does Article 122 differ from Articles 121 and 128?

Article 122 covers intentional moderate bodily injury; Article 121 covers intentional grievous bodily harm with life-threatening or severe consequences; Article 128 covers negligent infliction of grievous or moderate injury.

How we can help

We are Pravovyi Lider, representing clients in Article 122 cases at all stages: from the first interview to appeal. We conduct a rapid audit of materials, work with forensic medical evidence (including additional/repeat examinations), build a strategy (absence of intent, necessary defense, re-qualification), draft motions and objections, and represent clients in court.