For moderately severe knife wounds, Article 112 provides for a sanction, and the article for a severe knife wound is described under number 111 in the Criminal Code of the Russian Federation.
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. 111 of the Criminal Code of the Russian Federation. The sanction of this article provides for punishment in the form of imprisonment for a term of up to 2 years.
Stab wound article of the Criminal Code of the Russian Federation Criminal case of knife wound (part 1 of article 111
Criminal Code of the Russian Federation) What is the penalty for a knife wound causing harm to health? Knife wounds - what is the penalty? Attempted murder, causing grievous or moderate bodily harm Answer from an online lawyer: Hello, Minnia.
What is meant by beating
Battery is called beating (repeated blows) or other actions by the attacker that result in physical pain to the victim. This offense in all episodes is qualified as intentional, since it is impossible to accidentally fire several shots. The impact on the victim results in bruises, abrasions, bruises or other more serious injuries. Punishment for beating can be administrative or criminal, depending on its severity.
In both the first and second cases, the crime is qualified as “beating”, and punishment will be imposed not only for beating, but also for other physical actions of the offender against the victim that were of a violent nature.
Consider what is meant by beating and what is meant by other physical actions:
- Barrel. Repeated blows, as a result of which the victim received various injuries. An important condition: the resulting physical damage does not entail any harm to the health of the victim.
- Other violent acts. Any other physical actions of the offender, as a result of which the victim received various bodily injuries and experienced physical pain (scratches, arm twisting, other physical impact on the victim).
The offense is qualified as “beating” only if the victim received bodily injuries that did not damage his health. In other words, these injuries did not cause impairment to the victim’s health, and he did not lose his ability to work as a result of them.
For example, town N, due to acute hostility towards neighbor M, attacked her, dragged her by the hair across the site, scratched her face, tore off a lock of hair, damaged her earlobe and cut off the victim’s eyebrow with a bracelet.
In this case, citizen N did not actually strike a single blow, but made various physical impacts on the victim, as a result of which the victim was injured and felt physical pain. The actions of citizen N are qualified as beatings.
Three main types of bodily injury
The criterion for the gradation of crimes and the amount of punishment is the consequences caused by the beating. The Criminal Code lists articles for intentionally causing damage in order of increasing severity of consequences with increased liability:
- Infliction of battery (Article 116 of the Criminal Code of the Russian Federation and 116.1 of the Criminal Code of the Russian Federation). On the same level as this type of act is Article 115 of the Criminal Code of the Russian Federation, which provides for liability for causing minor bodily injury;
- Moderate bodily injury. When considering criminal cases of this category, termination is possible due to reconciliation between the perpetrator and the victim. Otherwise, the punishment for such damage is in the form of imprisonment;
- Causing grievous bodily harm – Article 111 of the Criminal Code of the Russian Federation. It provides for maximum sentences in the form of imprisonment, in comparison with other crimes against health.
Moderate bodily injury
Battery of moderate severity is a serious crime and carries a penalty of imprisonment. To qualify the actions of the batterer, a forensic medical examination of the beatings inflicted is carried out. Her findings confirm the need for treatment of the victim for at least three weeks.
Depending on the situation in which the bodily harm was inflicted, the judge's sentence may be increased (see punishment for beating a person).
For example , if two friends were beaten at the same time. Both were in hospital for 24 days, then the perpetrator may be sentenced to imprisonment for up to 5 years (instead of 3 years, which are provided for in Article 112 of the Criminal Code of the Russian Federation for beating one victim).
The same punishment (up to 5 years) awaits someone who used moderate violence against a child under 14 years of age.
Minor bodily injury
What is the difference between beatings and mild injuries?
Batterings do not always manifest themselves in the form of bruises, scratches, cuts, or hematomas. For liability for battery under Article 116 of the Criminal Code, it is sufficient to cause severe physical pain to the victim. Criminal liability for causing minor bodily harm involves deterioration in health for a period not exceeding 3 weeks. This is recorded by a forensic medical examination (see how to remove a beating).
How to prove that beatings were caused if there are no noticeable injuries on the body?
Other evidence must be provided, depending on the specific situation:
- this may be recordings from a surveillance camera (if the beating occurred in a public place);
- questioning of eyewitnesses;
- as well as those who provided assistance.
Under no circumstances refuse to undergo an examination if there are no bruises. Only a specialist can correctly record the consequences of a beating: if the physical manifestations of the beating are not visible, he will note in the document complaints of headaches, fatigue, dizziness, and pain in the internal organs. Such an examination will also serve as evidence of the accusation (see where to go to have the beatings removed).
If the skin is damaged, go to the emergency room. If you were given a referral by the police department, or undergo an examination at a paid examination bureau. A similar procedure for confirming harm to health is provided for light beatings.
What is the procedure
The statement of beatings must be sent to the magistrate’s court at the offender’s place of residence. The victim independently defends his accusatory position in court, in the absence of the prosecutor. The same rule applies in the presence of a mild health disorder.
The private nature of cases of beatings (as well as in the case of minor harm) provides not only for the obligation of the victim to independently secure charges, but also for the possibility of termination at any stage of the proceedings. A private prosecutor is given the right to withdraw a statement of battery from the police or court. In cases of public prosecution it is impossible to do so.
Previously, police officers were required to carry out a check on the received application, initiate a case and conduct an inquiry, and then send the materials to the court for consideration in the usual manner. Thus, if the beatings were caused as a result of hooliganism, then the “police” procedure for initiating a case was directly provided for by Art. 20 Code of Criminal Procedure of the Russian Federation.
Today this rule applies only under Art. 115 part 2 of the Criminal Code of the Russian Federation.
For example , if a person was beaten on the street by two strangers for hooligan reasons, then, regardless of health disorder or the presence of severe physical pain, the accusation against the criminal will be supported by a representative of the state.
In this case, a statement of the established form is written to the police.
Statement to the police
To the head of the police department _________(specify which) district of the city_________(specify which) Ivanova I.I., residing at the address: _______(specify) phone number _________________
Statement
I ask that two unknown persons be brought to criminal responsibility who, on January 1, 2021, in the Lenin Park in the city of _______________, at approximately 11:30 p.m., caused me bodily harm for no reason. One of them asked me for a cigarette, after a negative answer, he punched me in the face, immediately after that the second participant kicked me three times in the legs, after which I fell. Then the unknown persons kicked me several more times on the body, and then left. I report the following signs of the persons who beat me: ________________ (indicate which ones and what they were wearing, if you remember). As a result of the actions of unknown persons, I suffered the following bodily injuries: an abrasion of the lip, hematomas of both lower extremities, an abrasion of the right forearm. I undertake to undergo a medical examination. On criminal liability for knowingly false denunciation in accordance with Art. 306 of the Criminal Code of the Russian Federation warned.
Number ___________ signature ___________
Punishment for beatings
Beatings are differentiated; liability for such actions is provided for in two articles:
- Article 116 of the Criminal Code of the Russian Federation - for beating those who are part of the circle of loved ones. These include parents, spouses, children, grandmothers, grandchildren, guardians and trustees, adopted children. Also among those involved will be those who started a fight for hooligan reasons, as well as for national reasons;
- Article 116.1 of the Criminal Code of the Russian Federation - for repeated beating. That is, if there is a previously assigned administrative punishment for such actions.
Liability for battery varies depending on specific circumstances. But a beating that does not result in consequences in the form of health problems (and does not fall under any of the listed criteria) does not entail criminal liability.
In the first case, the punishment ranges from 360 hours of compulsory work to 2 years of isolation .
In case of repeated beatings, the penalty is a fine of up to 40,000 rubles, or compulsory labor (up to 240 hours), as well as correctional labor ( up to 6 months ).
In the case of minor injuries, the punishment is similar in type, but somewhat harsher in size (up to 480 hours of compulsory labor , up to a year of correctional labor). If there is a proven hooligan or national motive (Part 2 of Article 115 of the Criminal Code of the Russian Federation), the punishment reaches 2 years in a penal colony.
