What will be the punishment for minor bodily injuries - administrative or criminal liability?

There is an opinion that causing minor bodily harm is not prosecuted by law, and therefore it is impossible to hold people accountable, even administratively, for this. This statement is wrong.

The situation will be considered by the court as intentional infliction of minor bodily harm, and therefore, if the crime is proven, the culprit will be held liable in the form of a fine, correctional labor, or even a prison term.

What is beating according to the legislation of the Russian Federation?

Battery is defined as multiple blows or other actions using physical force that cause physical pain to the victim and may result in bodily harm. It is the nature of the harm that will be recorded as a result of striking that will have legal significance for punishing the offender.

We can highlight the following nuances of beatings as an unlawful use of physical force:

• Punishment for beatings can only be applied if the offender’s actions are intentional, i.e. this subject is initially aware of the illegality of his behavior (causing harm through negligence will entail criminal prosecution only in case of serious harm to health or death);
• beatings can be inflicted both with parts of the body (hands, legs) and with the use of various objects. If additional items are used, the punishment may be much more severe, even if such actions did not lead to serious consequences;
• The law provides for the following gradation of consequences from beatings - light, moderate or severe harm to health, as well as death.

The punishment for assault will depend on the severity of the health consequences. The objective nature of the harm can only be established based on the results of a medical examination, which the victim undergoes according to the prescribed examination. The expert's conclusions will be the basis for qualifying the offender's actions - administrative or criminal liability, the choice of a specific article of the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation.

Let's consider what kind of beatings can be according to the norms of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, what factors will affect the nature of the offender's responsibility.

Is it possible to keep your license and get away with a fine in 2022?

Serious consequences cannot always be avoided, but sometimes the courts cooperate and limit themselves to a fine. Taking into account the same mitigating circumstances.

If I compensated the victim

The first thing you have to do if you are involved in an accident is to negotiate with the victims about the possibility of compensating them for the harm caused. Even if it is a mild degree of damage, do not ignore this “golden” rule in 2022!

What can be compensated for victims:

1. Payment for inpatient treatment - hospital room, medications, etc.
2. The cost of outpatient treatment - physiotherapy, medications, therapeutic massage, wheelchair, crutches, various paid tests.
3. Transportation costs for trips to a medical facility, for example, a taxi.
4. Costs for the services of a nurse, for example, if after an accident a person is prescribed rest and a recumbent lifestyle, but he has no relatives or they work.
5. Other expenses.

Coupled with competent actions at the scene of an accident, remorse in court and a willingness to pay a fine, this can really work in your favor. And then the court will limit itself to either a fine or a minimum period of deprivation of a driver’s license.

Classification of beatings

Liability for battery is regulated by Articles 115 and 116 of the Criminal Code of the Russian Federation, Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation. The following factors are important for the classification of beatings:

• if multiple blows only caused physical pain, but did not cause health problems, liability will arise according to the administrative provisions of Art. 6.1.1 Code of Administrative Offenses of the Russian Federation;
• liability for beatings of light severity, if they resulted in short-term health problems or minor loss of ability to work, will be punishable under Article 115 of the Criminal Code of the Russian Federation;
• If, as a result of striking, only physical pain was caused, and the offender acted from hooligan motives or motivated by hatred or enmity, measures of influence will be applied under Art. 116 of the Criminal Code of the Russian Federation.

Find out more Plea bargain under Article 228

Note ! The motives and motives of the guilty subject, as well as the possible use of weapons to inflict beatings, are additional qualifying criteria for sentencing. If these factors are identified, liability will arise only according to the norms of the Criminal Code of the Russian Federation.

It must be taken into account that for punishment under Art. 115 of the Criminal Code of the Russian Federation, it is enough to prove a single use of physical force if it caused a health disorder. For Article 116 of the Criminal Code of the Russian Federation and Art. 6.1.1 of the Code of Administrative Offenses of the Russian Federation, the repetition of blows has legal significance, since they only cause physical pain.

What is the penalty for light battery and how is the fact of the blows proven? To do this, you need to contact law enforcement agencies and correctly record the beatings and the nature of the injuries.

Is it worth challenging at all? Arbitrage practice

Yes, but only if there are compelling reasons.

At the trial for deprivation of a driver's license for an accident with or without injuries, the culprit of the accident will be established, as well as the degree of his guilt.

• No accident – ​​no fault. This refers to cases where you unknowingly drove away from the scene of an accident. Let’s say they didn’t notice a collision with another car in the side mirror and left the scene of the accident. In this case, there is no talk of deprivation of rights. As, for example, with the trolleybus driver, who also did not notice the collision and left the scene of the accident. At first, his license was taken away, but the Supreme Court acquitted him (Resolution of the Supreme Court of the Russian Federation of September 22, 2016 No. 38-AD16-5).
• Sometimes there may be violations in the work of the judges themselves. As, for example, in 2022 in the Penza region. The regional court overturned the district court's decision on a fine of 2,500 rubles against the driver. The reason was that the latter was refused to hire a lawyer, and the defense lawyer was not notified of the place and time of the court hearing.
• And in the Samara Regional Court the driver’s sentence was changed from 1.6 years of deprivation of rights to a fine of 15,000 rubles. The plaintiff was turning left and, in violation of traffic rules, did not give way to another driver. Due to this, moderate damage to health was caused. But the district court did not take into account that aggravating circumstances were not established. But there were mitigating factors, such as the driver’s remorse, his admission of guilt, the absence of other accidents, compensation for damage to health, and the use of the vehicle for work. The regional court pointed out these factors, replacing the deprivation of rights with a fine.

It also makes sense to challenge the ruling if you were not driving, but an accident involving your car was recorded (using the same cameras). Strange? Not at all! It is enough to prove that at the time of the accident you were in a different place - to attract witnesses, prepare photos and videos. The defense is based on the fact that you were not driving a car and were not involved in an accident, therefore, you will be deprived of your license and fined under Art. 12.24 of the Code you cannot.

How to properly record and prove beatings?

Article 20 of the Code of Criminal Procedure of the Russian Federation, most criminal charges related to causing harm to health of mild severity, relate to cases of private or private-public prosecution. Therefore, to conduct an investigation into the facts of strikes, the following nuances will be taken into account:

• part one art. 115 of the Criminal Code of the Russian Federation is classified by law as cases of private prosecution - criminal cases can be initiated only if there is a statement from the victim, and the parties can terminate the process at any time through reconciliation;
• Article 116 of the Criminal Code of the Russian Federation is classified as cases of private-public accusation - only the statement of the victim can be the basis for criminal prosecution, however, the fact of reconciliation of the parties will not entail the mandatory termination of the case (only investigative authorities or the court have the right to make a decision to terminate the case based on this composition, even if the parties have no claims against each other);
• part two art. 115 of the Criminal Code of the Russian Federation is a matter of public prosecution - law enforcement agencies are obliged to initiate a case upon detection of a crime, even if the victim has not filed a statement with the police.

Find out more Systematic beatings: article of the Criminal Code, punishment, what to do

To record a beating, immediately after a fight or other variant of multiple blows, you need to contact the police. Based on the submitted application, the victim must be given a referral for examination by a medical expert. It is the expert’s opinion that will be important for the further qualification of the case. The police are obliged to initiate a criminal case only if they establish a health disorder or loss of ability to work. Also, criminal prosecution will follow if special motives of the offender are identified.

Since part one of Art. 115 of the Criminal Code of the Russian Federation is a matter of private prosecution; the victim’s statement will be refused to initiate a criminal case. At the same time, the right to submit documents to the magistrate’s court is clarified, where a criminal case is initiated at the request of the victim. Procedural materials collected by the police during the pre-investigation check will be sent to the court for consideration of the case. In addition to other documents, forensic medical examination materials will also be sent.

Can the victim himself go to a medical institution to record the beatings? The law does not prohibit self-referral to medical specialists. However, if a dispute arises about the nature of the damage, a forensic examination may be ordered during the consideration of the case.

Punishment for fighting in a public place

As stated above, liability varies greatly depending on the circumstances of the incident. And you can receive criminal punishment for a fight only if the other party did not cause damage to the offender. If it is proven that there was a confrontation, the liability will be much lighter. Which one we will discuss below

The culprit in the fight: who is considered the attacker and who bears the main responsibility

There is no concept of “fight” in the law, just as there is no concept of “harm caused during a fight.” There is an attacker and a victim. The identification of the parties, in turn, determines the further outcome of the conflict.

If both participants in the fight write statements to the police, considering themselves to be the injured party (after all, in a fight, both participants can get injured), they will take into account the evidence of the one who defended himself. The harm that the defender caused to the attacker will not be punished, because The attacker acts intentionally, and the defender acts without intent.

Important:

if the attacker was harmed during the fight, which seriously affected his health, then in the future, the presence of illness will be a mitigating circumstance in court, but will not affect the perception of the parties in any way.

What criminal liability is provided for beatings?

What is the penalty for assault if the victim contacts the police? For inflicting multiple blows, if they caused physical pain and were accompanied by hooligan motives, under Article 116 of the Criminal Code of the Russian Federation, the court can choose one of the following sanctions:

• compulsory work;
• correctional work;
• restriction of freedom or arrest;
• forced labor;
• a prison sentence of up to two years.

In terms of the nature and size of sanctions, Article 115 of the Criminal Code of the Russian Federation establishes a more severe punishment, since it establishes the short-term nature of a health disorder (or loss of ability to work). According to Part 1 of Art. 115 of the Criminal Code of the Russian Federation, beatings or any other deliberate use of physical violence will entail the following types of sanctions:

• fine up to 40 thousand rubles. or the offender’s salary for a period of up to three months;
• mandatory work;
• correctional work;
• criminal arrest for a period of up to four months.

Find out more What to do if you are accused under Article 228 of the Criminal Code of the Russian Federation

The first part of Article 115 of the Criminal Code of the Russian Federation does not provide for such punishment as imprisonment for beatings. If hooligan motives are simultaneously revealed in the actions of the offender, or other specially specified motives, imprisonment may be applied - under Part 2 of Art. 115 of the Criminal Code of the Russian Federation, its term can be up to two years.

Where to go for help

Statements about any types of offenses are submitted to the Ministry of Internal Affairs institutions at the place of residence or temporary stay of the victim. For example, if harm to health was caused during a business trip, you can contact the police department at your temporary location regarding the fact of the beating. For each application, a pre-investigation check is carried out, during which the victim is sent for a medical examination.

After three days, an official decision is made - to initiate a criminal case or to refuse to prosecute the offender. If the initiation of criminal proceedings is refused, the victim will be able to independently apply to the magistrate’s court to initiate a private prosecution case.

We can get a free consultation from experienced lawyers on any issues related to prosecution for battery. To do this, call the numbers listed on our website, or fill out the feedback form.