In the article deals with the meaning of certain aspects of the theory of recovery of physical harm caused by the crime. According to the theory, scientific and technical progress provides with medical and legal means the legal protection to the vital needs of the victim (recipient) from the threat of death or disability taking into account the possibility of biophysical of the criminal. Suggestions are made to article 39 of the Criminal Code concerning to sanctioned by the court the urgent need to compensate the victim of physical harm caused by the offense.