Criminal lawyer specializing in bodily injury (Articles 121-129 of the Criminal Code of Ukraine)

Personal Injury (Bodily Harm) — One of the Most Sensitive Criminal Case Categories

Bodily injuries are among the most sensitive categories of criminal proceedings: liberty, reputation, and significant financial risks are at stake. We defend suspects and defendants, as well as represent victims—from the first interview through verdict or appeal. The key to results here is rapid legal response, precise work with evidence (including medical evidence), and impeccable procedural tactics.

Our Profile as Attorneys in Bodily-Injury Cases

Our law practice specializes in defending clients in criminal proceedings under Articles 121–129 of the Criminal Code of Ukraine. We provide a full range of legal services for both defendants and victims, ensuring a comprehensive approach to every case. Our experience covers hundreds of successfully resolved matters of varying complexity—from minor injuries to serious offenses with qualifying features. We understand that every case is unique and requires an individual defense strategy, careful study of the circumstances, and professional legal support at every stage of the criminal process.

Liability under Articles 121–129 of the CCU

The Criminal Code of Ukraine provides a detailed gradation of liability for crimes against a person’s health. Classification depends on the severity of harm caused, the presence of intent, circumstances of the offense, and other factors. The law distinguishes grave, medium-gravity, and minor bodily injuries. Correctly determining the degree of severity is critical for a fair resolution, as it affects the penalty and procedural features of the proceedings.

Article 121 CCU

Article 121 CCU establishes liability for intentional grievous bodily harm. This is the most severe provision among crimes against health. Grievous harm is considered harm that is life-threatening at the moment it is inflicted, or that caused loss of any organ or its functions, mutilation of the genital organs, mental illness, a health disorder resulting in a lasting loss of capacity to work of at least one-third, termination of pregnancy, or irreversible disfigurement of the face.

Part 1 of Article 121 provides imprisonment from five to eight years. Part 2 sets a harsher penalty (seven to ten years’ imprisonment) where qualifying features exist: commission by a method involving particular torment; by a group; for purposes of intimidation; out of racial, national, or religious intolerance; for hire; or where the injury caused the victim’s death.

Article 123 CCU

Article 123 CCU governs liability for intentional grievous bodily harm inflicted in a state of strong emotional disturbance (affect). This is a privileged offense that takes into account the offender’s special psycho-emotional state at the time of the act. Strong emotional disturbance must be caused by the victim’s unlawful conduct—violence, abuse, a grave insult, etc.

The punishment is significantly milder compared to Article 121: restraint of liberty for up to three years or imprisonment for up to two years. Proving the state of affect requires careful evidence collection and often a psychological examination, which makes the attorney’s role especially important in such cases.

Article 124 CCU

Article 124 CCU provides liability for intentional infliction of grievous bodily harm in cases of exceeding the limits of necessary defense or measures necessary to detain an offender. This is also a privileged offense that considers the specific circumstances of the act.

Necessary defense is the lawful right of every person to defend oneself, others, or public interests from a socially dangerous assault. However, exceeding the bounds of such defense entails criminal liability. Under Article 124, the penalty may be community service for 150 to 240 hours, corrective labor for up to two years, arrest for up to six months, or restraint of liberty for up to two years. Defense in such cases requires a deep understanding of the doctrine of necessary defense and the ability to prove the lawfulness of the person’s actions.

Table: CCU Article → Maximum Penalty → Notable Features

Article	Maximum penalty	Key features
121 (intentional grievous)	up to 10 years’ imprisonment (Part 2)	Life-threatening or grave consequences; qualifiers: particular torment, group, contract, hate motive, victim’s death.
122 (intentional medium gravity)	up to 5 years’ imprisonment (Part 2)	Prolonged health disorder or lasting loss of capacity < 1/3; qualifiers—intimidation/intolerance/compulsion.
123 (strong emotional disturbance)	up to 2 years’ imprisonment (alternative: restraint of liberty up to 3 years)	Privileged offense: affect triggered by the victim’s unlawful conduct.
124 (exceeding defense/detention)	restraint of liberty up to 2 years (alternatives: arrest up to 6 months, corrective/community service)	Exceeding the limits of necessary defense or measures to detain an offender.
125 (intentional minor)	restraint of liberty up to 2 years (Part 2; alternatives—arrest, labor, fine)	Minor injuries; Part 2—short-term health disorder/minor loss of capacity.
126 (battery and torture-like abuse)	up to 5 years’ imprisonment (Part 2)	Battery without bodily injuries; qualifiers—torture-like abuse/group/hate motive.
127 (torture)	up to 10 years’ imprisonment (Part 2)	Particularly serious; Part 1—2–5 years, Part 2—5–10 years.
128 (negligent grievous/medium)	restraint of liberty up to 2 years (alternatives—corrective/community service)	No intent as to consequences (form of guilt—negligence).
129 (threat to kill)	3–5 years’ imprisonment (Part 2)	Where real grounds for fear exist; qualifiers—organized group/hate motive.

Services We Provide

Initial Consultation and Situation Analysis

The first step toward effective defense is a detailed consultation during which we study all case circumstances. We carefully analyze existing evidence, medical documents, witness statements, and other materials. At this stage, we determine the legal qualification of the act, assess prospects and risks. The consultation helps the client understand rights and duties, and helps the attorney form an initial defense vision.

Developing a Defense Line

Based on the analysis, we develop an individual defense strategy. For defendants, this may include proving the absence of intent, reclassification to a milder article, substantiating necessary defense or affect, and identifying mitigating factors. For victims, the strategy aims at ensuring correct qualification of the offense, collecting evidence of the accused’s guilt, and maximizing damage compensation.

Evidence Collection — Medical Examinations, Witnesses, Video

The evidentiary base is the foundation of any criminal case. We arrange forensic medical examinations, collect medical documents, interview witnesses, and obtain CCTV recordings. Special attention is paid to medical findings, as they determine the degree of injury severity. Where needed, we initiate additional or repeated examinations and challenge expert opinions that do not correspond to the facts.

Support During Pre-Trial Investigation

At the pre-trial investigation stage, the attorney provides procedural protection. This includes participation in investigative actions, interviews, confrontations, and ensuring the procedural rights of the suspect or victim. We monitor the legality of actions by investigative bodies, challenge unlawful orders and decisions, and prevent evidence falsification. At this stage, a reconciliation agreement may be concluded if it serves the client’s interests.

Court Representation

Court representation is a key element of our practice. We participate in all hearings, shape and substantiate the defense or prosecution position, file motions, and oppose unlawful actions by procedural adversaries. In debates, we present compelling arguments based on law and collected evidence. If the first-instance decision is unsatisfactory, we prepare an appeal and represent the client in the appellate court.

Appealing a Decision / Case Review

If a court decision is unjust or unlawful, we appeal it in appellate and cassation instances. We thoroughly analyze the reasoning, identify violations of substantive or procedural law, and prepare substantiated complaints. In exceptional cases, review based on newly discovered circumstances is possible if new facts emerge that are material to the case.

How We Work (Stages)

Familiarization with Case Materials

After entering into an agreement, we gain access to all materials of the criminal proceeding. We study protocols of investigative actions, expert conclusions, witness statements, and physical evidence in detail. This stage allows us to form a complete picture and identify weaknesses in the opposing side’s position.

Forming the Position and Strategy

Based on the materials, we form the legal position and determine the course of action. We discuss with the client possible developments, risks, and advantages of each option. The strategy may include active defense, seeking compromise through reconciliation, appealing procedural decisions, or other steps depending on the case.

Preparing Documents and Submissions

We prepare all necessary procedural documents: motions, applications, complaints, and civil claims. Each document is drafted in compliance with legal requirements and aimed at achieving a specific procedural goal. Properly prepared documents increase the chances of a favorable outcome.

Participation in Investigative Actions and Interviews

A criminal defense attorney participates in all investigative actions involving the client. During interviews, we ensure that the client’s rights are not violated and that statements are recorded objectively. We provide legal advice during investigative actions, helping the client answer correctly and avoid procedural mistakes.

Court Defense

In court, we provide full procedural defense. We file motions to summon witnesses, conduct examinations, and obtain evidence. We participate in evidence review, question participants, and present arguments during debates to support our position. Our goal is a fair court decision that complies with the law and serves the client’s interests.

Victim-Focused Measures — Compensation and Civil Claim

For victims, compensation is crucial. We help prepare and file a civil claim within the criminal proceeding, substantiating the amount of material and moral damages. Material damages include treatment costs, lost income, and rehabilitation expenses. Moral damages are determined considering the seriousness of the offense and the victim’s physical and emotional suffering. The court considers all these factors in determining compensation.

Why Choose Us

Experience in Grievous-Injury Cases (Examples)

Over the years, we have successfully handled hundreds of cases of varying complexity. Our experience includes defending the accused and representing victims. We know the nuances of legislation, case law, and procedure, which allows us to protect clients’ rights effectively even in the most complex situations.

High Professional Standards

Our attorneys have deep knowledge of criminal law, continuously improve their qualifications, and track changes in legislation and case law. We work strictly within the law, applying legal and effective defense methods. Professionalism enables us to find non-standard solutions and achieve positive results even in difficult cases.

Transparent Fees and Assurances

We operate with transparent pricing. Before engagement, we discuss service costs, work stages, and expected outcomes in detail. Our fees reflect market standards and the case’s complexity. We guarantee the quality of our services and stand behind our work.

Confidentiality and Responsiveness

We guarantee full confidentiality of client information. Attorney-client privilege is a cornerstone of our work. Responsiveness is another advantage: we react quickly to client requests, take urgent steps to preserve evidence, appeal unlawful decisions, and protect rights at all stages.

Case Examples / Results

Successful Grievous-Injury Case

In one proceeding, our client was charged under Part 2 of Article 121 CCU (grievous bodily injury causing death), facing up to 10 years’ imprisonment. Thanks to thorough examination of the circumstances, an independent medical expert, and proof of a state of strong emotional disturbance, we achieved reclassification to Article 123 CCU. The court imposed restraint of liberty for two years, allowing the client to avoid actual imprisonment.

Minor Injury — Reduced Penalty

In a case under Article 125 CCU (intentional minor injury), we represented the defendant. By reaching a reconciliation agreement with the victim and compensating damages, the criminal proceeding was closed under Article 46 CCU. The client avoided criminal liability, helping to prevent a conviction and its consequences.

Important Precedents

In a case representing a victim of grievous bodily harm, we secured compensation exceeding 500,000 UAH from the offender. This included reimbursement of material damages (treatment, rehabilitation) and moral damages. The decision set an important precedent for determining compensation in injury cases that led to the victim’s disability.

FAQs

Is a Lawyer Always Necessary?

At the pre-trial stage—yes. Mistakes during interviews, “spontaneous” explanations, or consent to an examination without questions for the expert often determine the verdict. We step in immediately to manage the evidentiary picture.

How Much Does It Cost?

It depends on the article, scope of investigative actions/examinations, and instance. Benchmark: a fixed starter package (analysis, strategy, initial motions) plus an hourly rate for procedural actions/court.

What Are the Filing Deadlines?

Most motions (for examinations, access to materials, interviews) should be filed immediately after notice of suspicion/entry in the Unified Register of Pre-Trial Investigations. Appeals against rulings and verdicts must meet Criminal Procedure Code deadlines (we track the calendar and cut-offs).

What Should Be Done at the Investigation Stage?

Do not give explanations without an attorney; do not sign “by inertia”; initiate a forensic medical examination (or a repeat one); document bodily injuries and the incident’s circumstances; gather video and witnesses; file motions—all of which we do together.

How Does Medical Expertise Affect the Case?

It determines the degree of severity and often the qualification (121 ↔ 122 ↔ 125). Incorrect questions to the expert or incomplete data = flawed opinion. We formulate the questions, add medical records, and, if needed, initiate a repeat/commission examination under MoH Rules No. 6.

Contact and Service Request

If you need qualified legal assistance in bodily-injury cases, fill out the feedback form and receive a free consultation.

We are ready to provide professional help, assess your case’s prospects, and develop an effective defense strategy. Don’t delay—the earlier you contact an attorney, the more opportunities there are to protect your rights and interests.