Assault on a police officer

Assaulting a police officer is a great way to ruin your life for anywhere from 360 hours to 20 years. And in especially severe cases - forever, because life imprisonment can hardly be called a pleasant life. And even if you did not use force, but simply “sent away” a law enforcement officer out of emotion, this will not end well for you.

But, as they say, everyone is strong in hindsight. If, after all, you recklessly attacked a police officer, you cannot do without legal help.

As practice shows, courts rarely treat those who have violated the honor, life and health of their colleagues leniently. So hiring a good lawyer is the first thing you should do.

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What is considered an assault on a police officer while on duty?

In Part 3 of Art. 68 Federal Law No. 342 “On Service in the Ministry of Internal Affairs” describes situations in which a police officer is on duty:

when suppressing and preventing a possible offense;
providing assistance to citizens in dangerous situations;
when performing actions aimed at protecting state interests;
while a police officer is on his way to his duty station;
when an employee undergoes treatment in medical institutions;
being at internal competitions and training camps;
when holding a police officer as a hostage.

In all of the above situations, the policeman is on duty. At the same time, it does not matter whether he has uniform or identification.

Actions regarded as assault:

Infliction of beatings of any severity;
Attempt to take possession of a service weapon;
Causing damage using auxiliary means;
Physical contact that interferes with a police officer's performance of his duties;
Unfinished actions that were clearly threatening in nature.

What to avoid

In practice, situations often arise when a citizen, against whom a police officer applies restrictive measures established by law, is dissatisfied with this. Conflicts between drivers and traffic police inspectors occur especially often.

In this case, the citizen should remember that the Law gives police officers the right to use physical force and even harm a person in order to prevent an offense. The police will not be held responsible for these actions.

Therefore, to avoid trouble, you should refrain from:

insults;
threats, including those expressed by gestures;
failure to follow instructions;
actions that interfere with a police officer’s work;
attempts to snatch a service ID, badge, or take possession of a service weapon;
attempts to spoil uniforms, etc.

If you are dissatisfied with the actions of servants of the law, the best option would be to record the process of communicating with them on camera and file a complaint about their actions with higher management, the prosecutor's office or the court.

What is the article for beating a police officer?

An attack on a police officer on duty is always a deliberate act. In this regard, this offense is qualified under the following articles of the Criminal Code of the Russian Federation:

Art. 318 – the fact of an attack on an employee of the Ministry of Internal Affairs, beating him or a direct threat of violence;
Art. 317 – threat to the life of a police officer or members of his family;
item b part 2 tbsp. 105 – murder.

Under the first two articles, all persons over 16 years of age are subject to punishment. Citizens over the age of fourteen are subject to criminal prosecution and punishment for committing murder.

What is beating?

When considering beating from the point of view of criminal law, one should focus on the characteristics and elements of the crime. The object of beating is the personal inviolability of a person from physical and psychological influence of a negative nature. These rights are enshrined in the fundamental document - the Constitution of the Russian Federation.

The objective side of beating cases is considered to be the infliction of physical injuries that cause inconvenience in terms of the victim’s disability. Here we can also talk about moral damage, since mutilation is a way of psychologically influencing the victim.

The corpus delicti consists of two parts:

Infliction of bodily harm is the active actions of a criminal, characterized by physical blows to the body of the victim. As a result, the other side develops bruises, abrasions, cuts, bruises, deep wounds and other damage to the skin. In the case of beatings, the openness of the damage may not appear. Then you should pay attention to the second component of the crime.
Intentional act - by exerting physical pressure on the victim, the criminal takes conscious actions. Even if this manifests itself in a state of passion or under the influence of alcoholic intoxication, the perpetrator will face criminal punishment.

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The subjects of the crime are individuals, and in our case, police officers who are on duty or performing an undercover task.

What if the peace officer attacked himself?

The main task of an employee of the Ministry of Internal Affairs is maintaining public order, protecting citizens and suppressing illegal actions. To fulfill these duties, he is endowed with special rights and powers, which include the use of physical force.

The use of force by police is only possible when detaining a suspect. Before physical pressure is applied, the Ministry of Internal Affairs officer is obliged to verbally warn the detained person about the possibility of such actions. An acceptable measure of physical coercion is hand-to-hand combat techniques, strikes and grabs that do not entail a serious threat to the life and health of the detainee. The use of service weapons or other special means is permitted only in exceptional situations.

In the event of such actions, the police officer is obliged to report - provide a report to higher management. Based on the results of its consideration, a decision is made on the legality of the use of force against the citizen. If the victim does not agree with the decision, he has the right to appeal it to higher police management or the prosecutor's office.

Police officers are prohibited from using force at will, without compelling reasons. Such actions are regarded as illegal.

Selected issues of necessary defense

Criminal legislation enshrines the right of every person to the necessary defense - protection of the personality and rights of the defender or another person from unlawful encroachment.

The grounds and limits of the competence of necessary defense are specified in Art. 37 of the Criminal Code of the Russian Federation. If they are observed, a person is released from liability for harm caused to the subject of an illegal attack, regardless of the characteristics of this subject. In other words, if a police officer, while on duty, exceeds his authority, then in order to protect himself from his illegal actions, a citizen has the right to resist him even by attacking and committing violent acts.

How is the case being investigated?

The procedure and procedure for considering such cases is described in Art. 151 Code of Criminal Procedure of the Russian Federation. According to it, the bodies of the Ministry of Internal Affairs are obliged to collect and prepare primary materials and submit them for consideration to the Investigative Committee. All actions related to the investigation of the crime of assault are carried out exclusively by the RF Investigative Committee.

The injured party in a criminal case is the police officer himself, or in exceptional cases, a government agency. The prosecution supported the prosecution during the trial.

According to Art. 25 of the Code of Civil Procedure, a case of assault on a police officer can be dismissed as a result of pre-trial reconciliation of the parties. To do this, it is necessary to reach mutual agreements between the victim and the accused.

Who investigates the cases?

Cases of such offenses are investigated exclusively by the Investigative Committee. The rule is due to the impartiality and independence of this body from the police structure.

Process of investigation and search for evidence

The investigation of cases of attacks on employees of the Ministry of Internal Affairs is within the competence of the Investigative Committee of Russia. The role of the police in this case comes down to the primary collection of materials and evidence: evidence, explanations, etc. Other investigative measures are carried out by the Investigative Committee, which helps eliminate personal and corruption factors in establishing the truth in the case.

The following are used as evidence of guilt:

results of a forensic medical examination indicating the nature of bodily injuries, time and method of their receipt;
witness's testimonies;
CCTV recordings;
audio recordings of incoming threats;
weapons or objects used to attack or make threats.

If the victim in such cases is not the state body of the Ministry of Internal Affairs, but the personally injured police officer, then it is possible to resolve the issue through reconciliation of the parties.

What responsibilities are provided?

During judicial proceedings, the severity of the crime committed and the article under which it falls are taken into account.

If the crime is classified under Part 1 of Art. 318 of the Criminal Code of the Russian Federation (threat of violence, beatings), then the perpetrator will face one of the following punishments:

A fine of up to 200 thousand rubles;
Forced labor for up to 5 years;
Arrest for up to six months;
In especially serious cases - serving a sentence in a correctional institution for up to 5 years.

Crime falling under Part 2 of Art. 318 of the Criminal Code of the Russian Federation (an attack that poses a serious threat to life) is punishable by imprisonment for up to 10 years. A circumstance that is aggravating and leads to an increase in term is the participation in the commission of a crime of several citizens in conspiracy. The degree of guilt is determined individually for each defendant.

If the court decides that these illegal actions can be qualified under Art. 317 (crime posing a threat to life), the accused faces one of the following penalties:

imprisonment for a term of 12 to 20 years;
in exceptional cases - a life sentence or the death penalty (in Russia there is a moratorium on the execution of this type of punishment).

It is important that in order to apply this article, the offender must have a goal in the form of revenge or creating other obstacles that prevent the employee from performing his duties.

One of the most serious types of this crime, qualified under Art. 105 of the Criminal Code of the Russian Federation - murder. In this case, the perpetrator may be subject to the following punishment:

Serving a sentence in a correctional colony from 8 to 20 years;
Life imprisonment or, in extreme cases, the death penalty.

Summary

From the above it follows that causing bodily harm to a law enforcement officer has grave consequences for the attacker. Rarely do any of the accused get off with a fine and a minor punishment. Even the slightest blow or push, with the right approach, can be regarded as attempted murder, which implies imprisonment for up to 20 years, and in aggravated circumstances - life imprisonment.

If you become an accused or a victim, even a police officer will need the help of a qualified lawyer. You can get advice on any issue remotely on the company’s website, as well as choose a human rights defender to handle the case in court.

What if the assassination attempt did not occur while on duty?

An off-duty police officer is an ordinary citizen. Situations in which a police officer is not on duty:

documented leave;
day off;
time after the end of duty.

In all these circumstances, an attack on a police officer is qualified under other articles, depending on the actions:

Art. 112 – battery and bodily harm. Possible penalties:
forced labor for the same period;
arrest for up to six months.
Art. 213 – hooliganism. Possible penalties:
forced labor – up to 5 years;
prison term – up to 7 years.
Art. 161 – robbery, this article provides for the following penalties:
imprisonment - up to 7 years, with the possibility of a fine of up to 10 thousand rubles.

An important nuance is that a police officer who makes an arrest while off duty is considered to be on duty. Therefore, an attack on him will be assessed under other articles (317 and 318).

Violent actions against police officers

According to the rules, a police officer is considered to be a representative of the authorities who is in the service of law enforcement agencies and has the appropriate identification. A distinctive feature of a police officer is a uniform (with shoulder straps, badges, badge, etc.).

By encroaching on the life and health of a police officer, a criminal violates the public safety of citizens. A special danger lies in the fact that an attack on a police officer is, first of all, an attack on the power structure represented by law enforcement agencies. Consequently, the rowdy’s intent will be qualified not under an ordinary beating, but under Art. 318 of the Criminal Code of the Russian Federation. This speaks to a much more serious type of responsibility.

The motive for committing a crime is to prevent a police officer from performing his official duties (for example, to confiscate a driver’s license or to detain a violator for an illegal act). In many cases, beating of police officers is accompanied by personal hostility or hooligan motives. There is also a common desire to hide another, more serious crime (for example, drug production or kidnapping).

What can influence the court's decision?

The judge's decision is influenced by a combination of aggravating and mitigating factors. Mitigating circumstances include:

family composition of the accused (presence of dependents or young children);
elderly age;
states affecting the psyche (affect);
pre-trial conflict resolution through reconciliation of the parties;
full admission of guilt by the defendant and consideration of the case in a special manner. In this case, the court decision cannot be appealed.

Aggravating circumstances that can increase the severity of the chosen penalty:

State of drug or alcohol intoxication;
Use of weapons or auxiliary means during an attack;
Preliminary agreement;
A crime based on racial hatred.

Assaulting a police officer is a serious crime that carries serious penalties, up to life in prison or the death penalty. The crime is classified based on the circumstances of the case, the situation and motives for the attack, as well as the harm caused.

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Aggravating and mitigating circumstances

The court, when sentencing a defendant for assaulting a police officer, among other things, considers and takes into account a number of circumstances that affect the severity of the sentence. They are enshrined in Art. 61 of the Criminal Code of the Russian Federation “Circumstances mitigating punishment”, Art. 63 of the Criminal Code of the Russian Federation “Aggravating circumstances”.

In relation to an attack on a police officer while on duty, the following can be considered mitigating circumstances:

the minor age of the attacker;
pregnancy;
presence of young dependent children;
confession;
on-site assistance to the victim (medical and other);
compensation for material and moral damage to the police officer who suffered from the attack.

The court may recognize other circumstances as mitigating punishment.

Aggravates the punishment of committing a crime:

repeatedly;
among a group of persons;
due to hostility (political, ideological, national, etc.);
with excessive cruelty, sadism and bullying;
in emergency situations (emergency, state of emergency, war, etc.);
in a state of intoxication with alcohol or drugs.

Security guard

In October 2022, two men entered the lobby of the Ivanovo Post Office dormitory. Both appeared to be drunk. The hostel security guard asked to see their passes, the men replied that they had no documents and ran inside the building. Then, according to the prosecutor's office, the security guard blocked the front door and reported the intrusion to the guard commander, who transmitted a signal to the police.

The men, meanwhile, decided to leave. In front of the front door, a security guard stopped them and said that the visitors were being detained until the police arrived. In response, one of them hit the guard in the leg, and a fight ensued. The security guard decided to use a special device, which one was not specified in the message from the prosecutor's office. The attacker took this special equipment and hit the guard on the back with it.

A case was opened against the man under Part 1 of Article 318 of the Criminal Code, since the security guard is an employee of the branch of the Federal State Unitary Enterprise Svyaz-Security. This is the departmental security of the Ministry of Telecom and Mass Communications, its employees are representatives of the executive branch. Employees of the private security of the National Guard and all departmental security organizations can also become victims under Article 318 of the Criminal Code (the list of executive authorities that can create their own departmental security is approved by government decree).

City administration employee

In February 2022, an employee of the administration of the city of Volgorechensk, Kostroma region, decided to check how local residents comply with the rules for keeping pets. In one of the courtyards, writes Kostroma.Today, an official noticed a dog without a muzzle. She asked a man nearby if it was his pet. When the 47-year-old local resident nodded affirmatively, the woman showed him his ID and asked him to put a muzzle on the dog, threatening that otherwise she would draw up an administrative report against the owner.

According to the publication, because of this the man became angry, and the official took a camera out of her bag to record the violation. Then a local resident took a car brush and hit the official on the hand with it.

The Investigative Committee opened a case on the use of violence dangerous to the life of a government official (Part 2 of Article 318 of the Criminal Code). In court, the accused, according to Kostroma.Today, repented and apologized to the official. The criminal case was closed and the local resident was given a court fine of 15 thousand rubles.

Rospotrebnadzor employee

In the summer of 2016, an inspection came to the Vladivostok cafe “Makhanaim”, which, according to VL.ru, belongs to members of the Christian Association of Churches “House of Life”. The employees of the establishment reacted strangely: they locked the fire inspector in the back room and did not let him out for some time. Another cafe worker had a conflict with an expert from Rospotrebnadzor: first the inspector was kicked out the door and then pushed in the chest. The woman fell and injured her leg; she had to call an ambulance. Doctors injected the official with painkillers and bandaged her foot.

As a result, the inspector was taken to the hospital, and several Mahanaim employees were taken to the Frunzensky police department, the rest of the cafe workers locked themselves indoors, did not respond to knocks, and did not allow the remaining inspectors inside.

A case was opened against a 40-year-old cafe employee who had an argument with an expert for using non-life-threatening violence against a government official: Rospotrebnadzor is a regulatory body. One of the members of the House of Life, Yuri Darevich, in a conversation with the Vesti channel. Primorye insisted that the employees and visitors of the cafe did not attack anyone. In his opinion, what happened was a provocation of adherents who had left the “House of Life” and who for some reason want to discredit the organization.

“The situation there is such that some former members of our church who left are offended; they are financially secure people. They begin to plot a certain plan. She came with a sprained leg...” said Daryevich.

However, the court first sent the cafe worker to a pre-trial detention center and then sentenced her to a year of suspended imprisonment.