What to do in case of domestic violence: responsibility of the perpetrator and ways to resist

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Published: 11/18/2019

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It is generally accepted that domestic violence is a problem of the poor. Regardless of whether this is true, the actions of a tyrant should not be left unpunished.

• What legal provisions does domestic violence fall under?
• How to remove beatings and prove domestic violence
• How and where to contact in case of domestic violence
• Is it possible to go straight to court?

What legal provisions does domestic violence fall under?

Domestic, or household, violence refers to a type of aggression that is shown by one of the family members towards others who are weaker and unable to resist him. When qualifying this offense, intentional guilty acts are taken into account, which are expressed:

• in striking and beating;
• in other forms of causing physical pain.

The preventive measure for this crime is Article 116 of the Criminal Code of the Russian Federation. On its basis, a person who has shown violence against a person close to him is charged with criminal liability. If the guilty act resulted in minor injuries, then the provisions of Article 115 of the Criminal Code of the Russian Federation may be applied. And in case of more significant harm to health - 111 or 112 of the Criminal Code of the Russian Federation. Punishment for such a crime includes imprisonment. The term of imprisonment depends on a number of factors:

• presence of relapse;
• the severity of the injury suffered by the victim.

The provisions of the listed articles apply to the suppression of crimes against human health, including if they are related to domestic violence.

Earlier, on July 15, 2016, an amendment to Article 116 of this Code came into force, which allocated a number of subparagraphs of the designated article to the administrative sphere of responsibility. This is how article 6.1.1 appeared. Code of Administrative Offenses of the Russian Federation. On this basis, if the victim and the perpetrator were in a close relationship, the norms of administrative liability did not apply to them - the offender was subject to criminal liability. But already on February 7, 2022, the President of the Russian Federation introduced amendments: the wording about close persons was removed from this article. That is, all victims of beatings, including close people and family members, are in an equal position. Decriminalization of beatings, that is, their recognition not as a criminal offense, but as an administrative violation, extended to all aggressors who were punished for the first time or after the statute of limitations had passed after administrative punishment.

Administrative punishment, which is primarily limited to a fine for the offender, primarily affects the family budget. This fact significantly influences the fact that many battered wives and cohabitants refuse to punish the perpetrators. However, in this case, you can give advice: remove the consequences of the beating, then the perpetrator can be punished for causing harm to health.

If in the circumstances of a criminal act there were actions of a sexual nature, then the provisions of the Criminal Code are applied, aimed at suppressing crimes against sexual freedom.

What do lawyers and human rights activists say about the law?

Experts say that there are no penalties for repeat offenders and that in case of severe violations, the culprit will receive a real sentence.

If DV is recorded for the first time, the person will be fined. The condition is also the severity of the violation, that is, if it is limited to spankings, slaps, etc. Unfortunately, the Criminal Code of the Russian Federation does not regulate the concept of beatings; accordingly, it relies only on bodily injuries, and if there are none, then proving assault will be problematic.

In addition, victims themselves often do not talk about the current situation, since they often consider such behavior to be the norm. After all, at the level of mentality in the Russian Federation, such statements are “He hits, that means he loves,” “She provoked it,” etc.

Consequently, the salvation and protection of the rights of victims of domestic violence are in the hands of the victims themselves. At least for now.

How to remove beatings and prove domestic violence

In order for the fact of domestic violence to be proven, the beatings will need to be filmed. The beatings are being filmed at the Medical Examiner's Office.

A referral for an examination can be provided by police officers who arrived at the scene of a domestic scandal. Upon receipt of the referral, the procedure will be carried out free of charge.

If the police were not called, but there was a call to the Ambulance Service or a trauma center, then information about harm to health in this case is transferred from the medical institution to the police station. Based on an extract from the medical history obtained at a medical institution, an examination certificate is issued. In this case, the procedure is also carried out free of charge.

If neither the police patrol nor the ambulance were called, the victim has the right to contact the Forensic Medical Examiner's Office. But in this case, he will have to pay all the costs of carrying it out. However, when the guilt of the person who caused the violence is proven, the expenses incurred can be recovered in a separate civil suit, based on the provisions of Article 151 of the Civil Code of the Russian Federation.

What to do in case of domestic violence?

Victims of domestic violence must carefully consider their exit strategy. Most do not dare to take real steps due to the fear of aggravating the situation, causing severe anger from their partner, which often leads to more serious consequences.

What a person experiencing violence should know:

1. Start talking about the problem with loved ones. Talk about what is happening, focusing as much as possible on all the facts.
2. Be sure to prepare a place where you can go: visit friends, rent an apartment, if possible.
3. Keep documents with you.
4. Contact the police and write a statement in writing.
5. Record beatings in a medical facility.
6. Ask neighbors for help if they hear screams and ask them to call the police.
7. Contact the support center in such situations.

How and where to contact in case of domestic violence

The most common way to get help from law enforcement is to go to the police station. You can contact it in different ways:

1. Neighbors or other witnesses to the assault call the duty team to the scene , which draws up a report upon arrival.
2. The injured party contacts the police station immediately or within several days, until traces of violence have disappeared : wounds, abrasions, bruises.
3. When a patient comes to a medical facility with injuries, the incident is reported to the police station.

After drawing up a protocol (another primary action), the materials on the offense are sent to the local inspector, who will compile the case. He is obliged not only to give a direction to examine the injured person for harm to health, but also to find and interview witnesses. Ultimately, the case must be fully compiled and ready to go to trial.

However, the accusation according to this precedent is of a private nature. This means that without a statement from the victim, it will not be submitted to the court.

On this basis, many perpetrators of domestic violence evade responsibility by reconciling with their spouses and giving them false promises to improve. The exception is cases of beating of minor children. A case should always be formed based on the fact of the act, and the guilty family members should be punished.

What is important to know about self-defense

Quite often, women suffering from domestic violence try to respond to their partner in the same coin, but the line between self-defense and abuse is quite thin. The human body is designed in such a way that in a critical situation it uses all resources for survival and a sharp surge of adrenaline can lead to disastrous consequences.

The law allows the victim to defend his life and integrity, but prohibits inflicting bodily harm or harm to the life of the offender. Therefore, of course, it is better, at the slightest preconditions of tyranny, to contact law enforcement agencies and record incidents.

Bottom line

Psychologists say that such unions rarely become normal and problems in relationships will only get worse. The developers of laws have a different opinion and are making efforts to preserve the unit of society at any cost.

As a result of domestic violence, not only women suffer, but also children, who risk falling under the “hot hand” or watch it and suffer serious psychological trauma. Whether it is worth keeping the family in this format or not is, of course, up to the partners to decide, but we must also remember that even love has its limits.

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Popular questions and answers

Why are it mostly women who are subjected to violence?

Women are the main victims of this kind of violence. They suffer eight times more serious bodily and other injuries from their partners than men. — Why are women most often victims of violence? Men are naturally more aggressive, while women are physically weaker. During the period of giving birth and raising children, they become even more vulnerable - it is even more difficult to escape from the aggressor. Plus the patriarchal tradition of paying men more for work (proven by research): that is, after a breakup with a partner, it is more difficult for women to provide for themselves,” commented practicing psychologist Elena Sadykova .

What to do if a child is beaten?

If you find out that your child’s classmate/nephew/neighbor boy is being beaten by his parents, then you need to inform the guardianship authorities about this. The service can even consider anonymous letters. If you have contact with your parents, try talking to them first. You can offer to work with a psychologist - he will talk with the beating parent and the child himself. If the child is in school, then you can provide the information to the class teacher, if he goes to kindergarten - to the teacher.

Comments on Article 40 of the Criminal Code of the Russian Federation

Physical or mental coercion is identified by the legislator as an independent circumstance that excludes the criminality of the act.

In accordance with Part 1 of Art. 40 of the Criminal Code of the Russian Federation, it is not a crime to cause harm to interests protected by criminal law as a result of physical coercion, if, as a result of such coercion, the person could not control his actions (inaction).

The inability to control one’s actions can arise in situations where the force of influence on a person is irresistible .

If a person cannot control his actions, he is not responsible for the damage caused in the criminal law aspect. In this case, there is no subjective side of the crime, since the person’s will to cause harm is absent, his behavior is not volitional and, therefore, cannot be regarded as criminal.

Article 40 of the Criminal Code of the Russian Federation distinguishes:

• irresistible physical coercion (part 1);
• surmountable physical coercion and mental coercion (part 2).

Irresistible physical compulsion

Irresistible physical coercion , i.e. the present and real inability of a person to direct his actions due to the complete suppression of his will excludes the criminal liability of such a person due to the fact that the act committed by him does not correspond to his will. In this case, the person is not able to resist coercion, since he is, for example, tortured, tied up, etc. A person actually loses free will and becomes a tool in the hands of another person. For example, a car driver, under threat of using a weapon, hands over a car to a criminal; the tied guard does not prevent the criminal seizure of property.

If physical coercion is considered insurmountable , i.e. as a result of it, the person could not direct his actions (inaction); causing harm to interests protected by criminal law is not recognized as a crime , since such an act is not volitional and guilty.

A person who has caused harm to interests protected by criminal law as a result of physical or mental coercion actually acts in this case as an instrument or means of committing a crime, since the onset of socially dangerous consequences is not determined by his volitional behavior. In this regard, according to the rules on indirect infliction of harm (see Part 2 of Article 33 of the Criminal Code of the Russian Federation), the perpetrator of the crime is the subject who forced another person to commit a crime.

Legal meaning of beatings

Battery includes repeated blows and violent actions that cause pain (com to Article 116 of the Criminal Code):

Did you know

Light beatings are regulated by law; these are injuries that resulted in temporary disability for up to 21 days inclusive or permanent loss of disability from 5 to 10%. Punishment for light beatings ranges from fines to arrest for up to 4 months. Details in this article

• pinching;
• hair pulling;
• squeezing;
• flogging;
• other.

In this regard, a single blow, depending on the motive, will be classified as hooliganism, insult or another similar crime. The consequences of beatings are superficial damage:

• abrasions;
• scratches;
• hematomas;
• soft tissue bruises;
• small wounds.

If beatings in the family entail consequences in the form of temporary or permanent loss of ability to work, they will be classified as harm to health. The punishment for such a crime is more severe and is provided for in Articles 111, 112 and 115 of the Criminal Code.