Responsibility for beating an ex-wife

The article discusses various types of punishment for beatings, methods for determining them and the current situation in the legislation. Thanks to this information, it is possible to determine what article the accused may face for beating his wife.

Previously, in the legislation of the Russian Federation, beatings inflicted specifically on close persons (wives, husbands, children, parents, grandparents, etc.) were a criminal offense. Article 116 of the Criminal Code of the Russian Federation for beating a wife by a husband regulated domestic violence in the family, but at the moment the legislation has been amended, adopted by the State Duma on January 27, 2017, according to which Art. 116 ceased to regulate domestic violence. These changes do not mean that assault against, for example, your spouse remains unpunished.

The degree of punishment began to depend on the severity of the damage caused to health, whether you are related or not. The application of Article 116 now depends on the motives for the beating. Therefore, in order to establish exactly what article the perpetrator faces for beating his wife, it is necessary to accurately determine the degree of harm caused to health.

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Degree of severity of harm caused to health

According to the law, there are three degrees of severity of damage to health:

Easy degree. It includes a short-term health disorder (if the recovery period is no more than 21 days or a minor loss of general ability to work is less than 10%). This degree of ill health includes ailments such as bruises, abrasions, hematomas, bruises, etc. (that is, injuries that do not harm human health).
Average degree. The injuries do not pose a threat to the life of the victim, but recovery of health takes a longer period - more than 21 days, and loss of ability to work ranges from 10 to 30%. This includes fractures, concussions, and knife cuts.
Severe damage. Indicates a direct threat to human life. And also such a degree is observed, if the consequences of the injuries are life-threatening to the victim, there is a significant loss of ability to work (over 120 days). Examples: spinal fracture, intracranial injury, rupture of large blood vessels, coma, rupture of internal organs, loss of the ability to hear or see, irreparable disfigurement of the face, loss of the ability to speak and express thoughts clearly, to be understood by others.

A detailed list of criteria that are used by forensic medical examination (in all three types of legal proceedings: criminal, civil and administrative) and can characterize certain injuries and damages was approved by order of the Ministry of Health of the Russian Federation.

Participants in legal proceedings need to know:

The severity of an injury can be determined based on one medical sign.
Medical assistance provided by the culprit that prevented death will not be taken into account. expert in assessing the severity of the damage caused.
When many different injuries occur, the severity is determined specifically for each injury.
If damages have different statutes of limitations, each of them is assessed separately.
If the inflicted injuries aggravate each other, the degree of their severity is determined by the totality of the injuries received.

In the full version of the order you can find a detailed list of all criteria and comprehensive information on damage assessment.

Punishment for beating a wife by her husband

Punishment under the new law for beatings under Art. 116 of the Criminal Code of the Russian Federation is possible only if several attempts are made to beat the wife.

The first episode of beatings has been decriminalized. This is considered an administrative offense.

What happens to the husband if the wife removes the beating depends on what is indicated in the medical report. This document is the main guideline for initiating a criminal case and passing a sentence.

Administrative punishment

In 2022, Art. 6.1.1, according to which cases of domestic battery are considered.

Consideration of administrative cases under Art. 6.1.1 of the Code of Administrative Offenses of the Russian Federation is dealt with by the magistrate court.

Cases are initiated by the police, after which the material is submitted to the court for consideration. Both parties are required to participate in the court hearing.

As punishment, a tyrant husband may face:

Mandatory work up to 120 hours;
Arrest up to 15 days;
Fine from 5 to 30 thousand rubles.

The fine is imposed in favor of the state, that is, in fact, the spouse will not receive anything . To compensate for the harm caused to her, she will have to file a civil lawsuit.

The guilty person must submit to the court a receipt for payment of the fine, otherwise a new administrative case will be filed for failure to pay the sanction.

As a rule, courts under this article are limited to imposing a fine of 5 thousand rubles.

Theoretically, spouses have the right to reconcile in court, then no punishment will be imposed. In practice, some judges do not reconcile the parties under this article.

In addition, the courts often receive counter-materials from administrative offenses when, during the conflict, each party receives damage.

Criminal punishment under Art. 116.1 of the Criminal Code of the Russian Federation

If the guilty person has previously been subjected to administrative arrest for beatings, he will face criminal liability for the new episode.

For his actions to be qualified as beatings, it is necessary that the harm he caused does not correspond to a slight degree of damage to the victim’s health.

According to Art. 116.1 of the Criminal Code of the Russian Federation, the culprit faces the following punishment:

Fine up to 40 thousand rubles;
Fine in the amount of the convicted person’s income for up to 3 months;
Mandatory work up to 240 hours;
Correctional labor for up to 6 months;
Arrest up to 3 months.

Art. 116 of the Criminal Code of the Russian Federation can be applied only when hooligan motives or hatred on racial, political, national or religious grounds can be traced in the actions and motives of the husband.

That is, if a husband hits his wife because she does not agree with his political and religious views, Article 116 of the Criminal Code of the Russian Federation will come into play.

Other elements of crime in the family

What other article for beating a wife by a husband is provided in Russia as an alternative, besides those that have already been previously discussed?

So, depending on the motives of the husband, the degree of damage caused and the frequency of occurrence, other articles of the Code may also apply.

In particular, these include:

Art. 117 of the Criminal Code of the Russian Federation - torture, when there is systematic pressure on the wife. For such actions you can even get a real sentence in a colony.
Art. 115 of the Criminal Code of the Russian Federation - if, nevertheless, minor harm to health was caused to the perpetrators. The culprit faces community service or a high fine.
Art. 112 of the Criminal Code of the Russian Federation – causing moderate harm to health. For an accidental fracture of a wife, the husband faces up to 3 years in prison.
Art. 111 of the Criminal Code of the Russian Federation - grievous harm caused to the wife by the husband. It can become the basis for isolating the guilty person for 8 long years of his life.
Art. 118 of the Criminal Code of the Russian Federation – causing grievous bodily harm through negligence. In this case, the husband faces arrest for six months.

In addition, a husband can cause harm in a state of passion, and in the same state he can kill his wife . In this case, the liability will be more serious.

Prevention of domestic violence in Russia

Beating a wife by her husband is a common article. In modern Russian society, the main problem in addressing the issue of “kitchen wars” is the lack of preventive measures to prevent domestic violence.

The only federal law that is aimed at improving the crime situation in the country is Federal Law No. 182 of June 23, 2016 “On the fundamentals of the crime prevention system in the Russian Federation.” It is difficult to talk about its effectiveness given the statistics on beatings and other types of domestic violence.

To change the situation radically, a number of measures are needed that will combat the problem specifically in relation to domestic fanatics:

It is necessary to create a federal law on the prevention of domestic violence.
Increasing the number of hotlines and socially responsible organizations that are ready to provide assistance to victims.
Explanatory work on education and development.
Formation of public opinion against domestic violence.
Increased attention to social segments of the population that are at risk.

First of all, what is needed is a prepared federal bill that would define the legal and organizational foundations of social and legal protection, as well as the powers of public authorities, and the range of preventive measures to combat violence.

Several attempts have already been made in Russia to develop federal bills. For example, in the draft federal law presented on September 28, 2016 by State Duma deputy S.Sh. Murzabaeva. and member of the Federation Council of the Federal Assembly of the Russian Federation A.V. Belyakov, proposed for discussion measures to solve the problem of domestic violence, based on the experience of advanced countries.

Here are some specific proposals received from the developers of the Federal Law:

The need to deliver the victim to a safe place, or transfer him into the care of a public service.
Creation of documents protecting the injured party.
Development of programs in the field of violations at the state level.
Providing free legal support.
Forecasting.
Attracting and training police officers.
Maintaining accurate statistics and recording the number of cases of violence.
Training, i.e. professional training, for school staff on issues of prevention of violations.

Such measures would make it possible to prevent a significant number of crimes committed at home.

Such special laws have been developed and successfully applied in approximately 90 countries around the world (including CIS countries). In the USA, the situation was improved in a fairly short time after the development and implementation of a special law: the number of offenses decreased by 4 times.

Thanks to this law, police officers are ready to inform a woman about her rights; the victim has the right to obtain a protective order, which orders the perpetrator not to approach the victim at a distance established by the court. Special shelters have been organized for victims of domestic violence.

Canada is the undisputed leader in the fight against domestic violence and protection of women's rights. Already in the 70s of the last century, active educational work on issues of family violence began: a special newsletter was distributed, about 50 films were made, and special training programs were introduced for schoolchildren and students.

Canada was also able to collect comprehensive statistics on the number of cases of domestic violence, sufficient to conduct serious sociological and gender studies. In many ways, the answer to the question of the origin of domestic violence was the historically established “subordinate” role of women in society; domestic violence is just one of the ways to assert the dominant role of men, therefore the fight for equality is one of the key campaigns that radically changes the situation that has developed over centuries and takes society to a new level.

Where to go if your husband beat you?

Fill out an application and go to court. The appeal must comply with the legal requirements provided for in Art. 318 Code of Criminal Procedure of the Russian Federation

, and include:

court details;
information identifying the victim;
information about the offender to whom the victim is asking for punishment;
a detailed description of the act that occurred (the description must be detailed and accurate - all this will be further confirmed by the conclusion of the forensic investigation, which will be appointed by the judicial authority);
evidence in the form of medical documents, protocols, testimony;
information about witnesses confirming the events described in the appeal and a request to summon them to the court hearing;
request to accept the case for proceedings;
signature of the injured party and date of application.

Important!

So what should you do if your husband hits you? Of course, find the strength within yourself and start acting. Contact a lawyer, they know many legal mechanisms that make it possible to stop tyranny in the family and bring the culprit to justice.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
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Jealousy

In society, it is believed that jealousy is a manifestation of strong feelings. The older generation often takes this position. But if you look at the consequences of that same jealousy, it becomes clear that it literally destroys families. Unreasonable jealousy leads to frequent quarrels in the family.

Often jealous people exhibit character traits such as suspicion, mistrust, emotional instability, self-doubt, and low self-esteem.

Trial

A woman has the right not to contact law enforcement agencies. You can immediately file an application with the court or the local prosecutor's office, everything will depend on the severity of the crime committed. So, the application has been filed, and the injured party must await the date of summons to court. The prosecutor, the injured party with or without his lawyer and, of course, the accused person - the husband, whose interests are also defended by a lawyer, lawyer or relative, take part in the court hearing.

The prosecutor will act on the side of the victim if she herself is not able to tell about what happened. In other cases, she is obliged to independently defend her point of view and rights, and her lawyer can help her (this norm is fixed in Article 318 of the Code of Criminal Procedure). The court will take into account self-defense on the part of the spouse, which should not be exceeded.

Even if the husband commits actions that cause pain with some frequency, for example, while drinking alcohol, and the wife injures him one day, she can subsequently also answer according to the law, for example, go to prison or pay alimony to her husband to maintain her health.

IMPORTANT! The court, based on the circumstances of the case and not finding significant evidence of the guilt of the accused, may decide to refuse to consider the case if there is not enough evidence or witnesses in the case.

The decision to reimburse expenses can only be made by court decision. If the legal costs have been documented, then the court takes this into account and may order joint payment by the defendant and the injured party. This norm is enshrined in Article 98 of the Code of Civil Procedure of the Russian Federation. The termination of the proceedings may be due to the reconciliation of the two parties or the issuance of a court decision.

By the way, if you decide to withdraw your application, we warn you right away that you cannot do this. But you can cancel it. We wrote more about this in this material.

What if a lot of time has passed?

If for some reason the beatings were not stopped or they passed, but the desire to punish the husband remained, then there is another method that is used in such cases.

If a medical examination was not carried out and no traces are visible, the court will take into account the following facts:

testimony of witnesses present during the family conflict.
Furniture and other items may be carefully examined and may show signs of chips and other elements that indicate violence was used.
The presence of a conflict with her husband, which can be confirmed by relatives or strangers.

It is necessary to find possible witnesses or at least neighbors who heard screams and crying behind the wall. They will prove to be valuable witnesses in the proceedings. Such a position often forces the offender to make amends and, as a result, to terminate the proceedings.

What is the deadline for withdrawal?

There is no clear deadline for the removal of beatings, but experts say that the sooner an examination by a medical specialist is carried out, the greater the chance of proving the time of injury and the entire causal relationship regarding the nature of the injuries.

As practice shows, the best option would be to contact the patient in the first two days after the incident; it is during this period that hematomas and abrasions are most noticeable and can be successfully fixed by medical workers. If a woman comes in too late, when the bruises begin to heal, the exact time and cause of their appearance will be more difficult to prove than fresh ones.

We have already written in detail about the timing of the removal of beatings.

Should the victim report the assault to the police?

It all depends on the situation. If one person unintentionally pushed another, then you can close your eyes to this so as not to complicate life for yourself or others. If this happened several times, you can make a remark to your opponent - perhaps he simply did not think about what was causing discomfort to someone.

If, as a result of physical impact, the victim experienced pain, then he has every right to contact the police. And if he wants law enforcement officers to not only listen to his complaint, but also take the necessary measures, he will have to draw up and submit an application. Unlike more serious injuries, beatings do not require a medical examination - only a statement from the victim is sufficient.

If the victim does not file a statement, then the most he can count on is sympathy.

The main causes of family conflicts and assault

Despite the fact that conflicts that lead to the use of physical force by a spouse are very common in many families, men and women try to maintain the union.
When conversations at the everyday level do not help, some of them resort to the help of specialists. From time to time, in every family, difficulties arise in mutual understanding due to conflicting interests, needs and motives.

This inevitably leads to conflicts. The most common of these are those that occur between spouses and their children. To understand the consequences of systematic quarrels that can occur for a husband and wife, you need to know their main causes.

Unfortunately, some grounds for conflicts lead a family to certain negative legal consequences (divorce, deprivation of parental rights, etc.), among them are:

alcoholism . It refers to a person’s loyal attitude to alcoholic beverages, which is expressed in their use to relieve stress or tension, and have fun in company. Often, spouses do not notice how they become hostage to alcohol. Alcohol addiction can develop in one or more family members. If, for example, a man suffers from it, his wife and child are in an unhealthy home atmosphere. In addition, family alcoholism ultimately leads to poverty, unemployment, frequent conflicts, various types of violence and cruelty, and deterioration in the health of a constantly drunk person. In general, alcoholism inevitably leads to a chaotic lifestyle, which often ends with the involvement of doctors and law enforcement agencies in the problem;
jealousy.
Unfortunately, society considers this feeling a manifestation of strong love. This position is especially held by representatives of older generations. However, observing the real consequences of jealousy, one cannot help but note that it poisons family life and makes it difficult for both partners. Groundless jealousy not only leads to numerous family conflicts, but also indicates a certain pathology of the person experiencing this emotion. Often such people are endowed with certain character traits: suspicion, self-doubt, mistrust and emotional imbalance.
treason _ It is also one of the circumstances that provokes family conflicts. Due to the extremely negative attitude of the spouses towards the fact of their partner’s infidelity and the unwillingness to acknowledge the guilt of the injured party in what happened, the man and woman begin to have a lot of conflicts, and mistrust and suspicion appear in the relationship. Most often, such a “painful” union ends in divorce;
level of self-esteem . Oddly enough, dissatisfaction of one of the spouses with how strongly his personal importance is confirmed in the family will inevitably lead to conflict. It also refers to one partner's lack of respect for the other's self-esteem, due to the former's (or both of them's) inflated self-esteem. Against the backdrop of this problem, even a minor quarrel can develop into a serious conflict only because one of the spouses was unable to adequately assess the stop.

Husband beat a child

Beating a child is not a misdemeanor, but a crime. This is causing physical harm to a minor.

If your spouse beats your child, you should immediately call the police. After which you will have to carry out the procedure for removing the beatings from a doctor and involve a lawyer in the case. Then wait for the trial.

If violence against a child was committed in public, then the victim may not write a statement for the investigation.

If a husband beats his wife, what is the punishment we found out. But for beating a minor child it will be more severe. If law enforcement agencies have not identified the crime, then he will be deprived of parental rights and a criminal sanction will be imposed. He will be required to pay a fine of up to 100,000 rubles or be imprisoned for three years.

All cases of violence against children have been recorded. The guardianship and trusteeship authorities, special departments of the internal affairs department, psychologists, the prosecutor's office and teachers act as protection.

Additionally, the court may consider criminal liability if child abuse is detected in accordance with Article 156 of the Criminal Code of the Russian Federation.

For beating a child, a man is punished under two articles.