There are often situations when it is necessary to know where beatings can be recorded in order to punish the criminal. It doesn’t matter how it happened - whether you were attacked on the street, there was a fight, or other situations. For the committed act, a person must still be punished. In this article we will look at how you can remove the beatings and in what time frame.
Important! If you are dealing with your own battery case, you should remember that:
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Where and how to record beatings of a husband?
You can use the advice and recommendations of our specialists in any legal dispute. Lawyers provide up-to-date information, using all areas of the law to protect the applicant.
You should try to contact a medical facility as early as possible. It is easier to establish a connection between existing physical injuries and an act of aggressive action if the signs of beatings are most pronounced. The law does not establish specific deadlines for applying; it all depends on the capabilities of the victim.
Women are often intimidated by their husband's actions and are afraid of making the situation worse. Try not to inform the offender about your application for examination, without advertising your actions, remove the beatings. You can record an attack in any hospital, emergency room, or by calling medical help at home. Hospitalization may be necessary or the doctor will issue a sick leave certificate with the appropriate diagnosis.
How does the severity of injuries influence the decision to bring penalties against the attackers?
In all cases, without exception, contacting the police with a statement of battery is advisable. Through the preliminary actions of law enforcement agencies, the victim not only receives assistance in stopping the crime and gets rid of further violent actions by the attacker.
He also receives significant support in accompanying the procedure for punishing the offender or criminal.
However, if insignificant and minor injuries are received that result in health problems, then without a statement from the injured citizen, a penalty cannot be imposed on the perpetrator .
Such legal norms apply to crimes for which administrative or criminal liability arises by virtue of Articles 6.1.1 of the Code of Administrative Offenses of the Russian Federation and 115, 116, 117 (Part 1) of the Criminal Code of the Russian Federation, if the actions were not of a public nature and no one was injured as a result of a street fight interests of third parties.
In other cases, if the injured person receives injuries included in the list of corpus delicti according to the provisions of Articles 111, 112, 113, 117 (Part 2) of the Criminal Code of the Russian Federation, a statement is not required. Typically, in these cases, they call a team of emergency doctors, or go to a clinic for outpatient or inpatient treatment.
Article 113. Causing grievous or moderate harm to health in a state of passion
shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.
Based on an application to a medical institution, the following occurs:
That is, if the severity of the harm caused is stable or irreversible, as well as when causing short-term but serious harm to health, allowing the victim’s body to be incapacitated, a criminal case is opened automatically.
Therefore, it is so important to make a timely request to record the beatings.
Also, in what case will the liability be administrative (according to the Code of Administrative Offenses of the Russian Federation) and when will only a fine be imposed as a punishment?
Emergency room to remove beatings
Why? First of all, because in this way you can get professional help and record information about the beating completely free of charge, however, this method has one important drawback - the emergency room doctors do not hand over reports; this information is immediately transferred to law enforcement agencies.
A group of young people, among whom was a young woman with a child, came to one of the St. Petersburg emergency rooms. Everyone, including the 2-year-old child, was beaten, as evidenced by numerous injuries to the head, face, and body.
As it turned out, the company was attacked by police officers.
Let us note that among the victims there were no drunks; the young people were simply walking around the city, admiring its evening beauty. In your arms
Features and nuances of the procedure
When examining beatings, unusual situations or related nuances may arise that need to be taken into account. For example, when the victim is a young child under 14 years of age, persons involved in upbringing may apply for an examination, including:
Sometimes you cannot do without contacting the police, including in cases of:
If an incapacitated citizen is beaten, then his guardian must come with him to the bureau.
In all cases, if the beatings cannot be recorded, it is necessary to prove the fact of the beatings by the perpetrators. Witness testimony and video footage of the beating are suitable for this. This is enough to bring to justice under Articles 1.1.6 of the Code of Administrative Offenses of the Russian Federation and 116 of the Criminal Code of the Russian Federation.
Article 116. Beatings
Beatings or other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, committed out of hooligan motives, as well as for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in in relation to any social group, -
shall be punishable by compulsory labor for a term of up to three hundred sixty hours, or correctional labor for a term of up to one year, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.
The corpus delicti implies not only the resulting health problems of the victim, but also evidence that they occurred as a result of the unlawful act of the guilty person.
Where to film a beating in Samara
Qualifications may vary, depending on the degree of harm caused to health (111, 112, 115 of the Criminal Code of the Russian Federation), the nature and reality of the threats (119 of the Criminal Code of the Russian Federation). Is it possible to deprive of housing (if a person is an owner).
The emergency room staff did not refuse to film the beatings and recorded all the damage, after which they passed the information on to law enforcement agencies.
If a police report is filed against him for beating and beatings. If this is done more than once, can he be prosecuted (imprisoned) and while he is in prison, deprived of his apartment. Thanks to everyone who answers. Hello, Eduard Vladimirovich. Probably, based on the first episode, the police believe that the neighbors face administrative liability.
I would argue with this: after all, the incident occurred at night and in a public place (entrance), violating public order.
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Based on this, it is quite possible to qualify the actions of those who beat them under the criminal code (Article 116 of the Criminal Code of the Russian Federation). Apparently, you did not have any personal hostile relations with them before, so I see no reason for refusing to initiate a case.
Removal of beatings in the emergency room - do you need a certificate?
It will be required in any case, since it is evidence of harm to health, it is necessary in court and is attached to the criminal case. In addition, the certificate can also serve as evidence of temporary disability. It indicates the type of damage, as well as the degree of harm caused, diagnosis, and moment of treatment.
The certificate can be issued by a surgeon or traumatologist if taken at a medical institution. In a formal examination, it is compiled by a forensic expert. You can also obtain it by contacting a paid specialist who has the appropriate license.
Important!
You need to know that a certificate from an emergency room will not replace a forensic examination (forensic medical examination). It serves only to determine the level of severity of damage caused to the body and records the consequences after beatings. It is valid only until the offender is brought to justice.
EXAMINATION OF BEATS.
How to properly film and record a beating?
If we interpret this provision of criminal law in detail, the following should be taken into account:
- Battery is the infliction of two or more blows or the commission of violent acts involving the infliction of physical pain.
- The qualification of this crime implies isolated cases of harm in the form of beatings; if beatings occur more often than 2 times a year, then the actions are assessed as torture and imply a different responsibility and a different procedure for proof.
- Physical pain and suffering should be caused by the blow itself, and not by its consequences.
If you have been subjected to actions of this kind, then the first thing I recommend is to contact the police with.
In this case, an examination of the beatings will be carried out at the direction of the police as part of the pre-investigation check. Such
How is the fact of beating recorded?
Important!
When conducting a forensic medical examination, not only all injuries to the skin, organs and fractures are described, but photographs are also taken that clearly indicate the presence and complexity of the harm caused.
At the same time, beatings may not cause serious injuries to a person or, on the contrary, they can be severe, especially with multiple blows. Severe beating and violence are classified separately. Only experts will determine how long the victim was struck or injured, which influences the conclusion.
How much does it cost to remove a beating?
For example, in the practice of our company, a client who came to record beatings was outraged by the need to pay for expert services.
A medical examination of the beatings can be carried out by the victim independently.
You can go to a clinic to evaluate the beatings completely free of charge, but it will be impossible to get a specialist’s opinion. Let's consider a case where savings on this procedure turned out to be impractical and caused difficulties during a court hearing. The youth group went to the dacha to have fun and relax.
The young men and women celebrated so vigorously and actively that they did not notice how evening had come, so in response to loud music, the neighbors began to throw stones at the fence enclosing their summer cottage.
The cheerful company did not like this, and therefore the young people decided to talk to their disgruntled neighbors. Instead of a conversation, a fight broke out between the men, during which the neighbors received very serious injuries, which they rushed to record.
When exactly and for how long can you contact the police?
You can complain about beatings on any day, but only until the doctor can establish the presence of wounds, scratches, bruises, fractures, etc. It is advisable to witness them as quickly as possible, or better yet, immediately. If this is not done on the same day, then at trial the criminal may claim that it was not he who did this, since a lot of time has already passed and the damage could have been received from another person.
There is a second reason. At the moment when the beating is still “fresh”, it is easier to determine the degree of harm caused. Many people are interested in how to record and witness beatings and get a certificate? Only if you consult a doctor. Every bruise and scratch will be important for a more accurate conclusion. And if at the time of treatment some of the hematomas disappear, then, accordingly, the degree will be indicated not as severe as it could have been initially.
Where to film beatings in Samara
The victim has the right to demand compensation not only for the treatment provided, but also for lost earnings and for moral damage caused. It is especially important to record beatings in cases where the victim does not have other material evidence at the time of filing the application or there are no witnesses to the crime.
In this case, deciding how to correctly record the beatings becomes the most important. Many applicants, due to insufficient knowledge about the procedure for initiating criminal cases, turn to the police, which does not at all exclude criminal prosecution against the beating. The police are required to conduct a procedural check on any appeal from citizens, in this regard, and at your request, they will conduct it, but the result will be the sending of the materials to the magistrate for a decision. It is advisable to record and report the beatings immediately after they were inflicted - in this case, to law enforcement
Where to contact
After a person has been subjected to violent physical harm, he needs to contact the police and write a statement about the beating. It details all the circumstances and people (if there were witnesses) under which everything happened. All blows inflicted must be listed, it is indicated how exactly the pain was caused, by what methods and means. All the smallest details matter, even the insulting words and pushes of the offender. In general, everything that relates to the beating and the accompanying circumstances.
Some are interested in how to relieve beatings if they cannot get to the hospital on their own. In this case, an ambulance is called. Doctors can issue a certificate right on the spot or take you to a hospital where they will conduct a forensic medical examination.
How to record a beating yourself? To do this you need to undergo a forensic medical examination. A police referral is issued to her after the victim writes a statement. The expert examines the body and records all scratches, abrasions and wounds. Establishes the severity of harm caused to health.
Where and how can beatings be properly filmed and recorded?
Based on this formulation, it is sometimes quite difficult to prove the fact of beatings. Of course, in the first time after the incident, it is difficult for the victim of a beating to figure out what exactly is causing the pain, how severe the consequences will be caused by the beating, and even more so - where to go and where to relieve the beating.
But sooner or later, the person who has been subjected to violence thinks about how to punish the offender. The main thing is that the time during which this can be done is not lost.
The problem associated with recording beatings is caused by the fact that beatings are classified as crimes of private prosecution.
That is, the question of whether or not to report to the police, when to do it and how to prove it, remains the task of the victim of the crime until the moment of filing the statement.
That is why one of the first questions that arises is where the beatings can be filmed - after all, their consequences are the most important evidence of the commission of a crime.
Where to go to get relief from beatings?
First of all, to record the beatings, you need to contact the medical institution yourself or through the police duty station, where you will come to write a statement about the incident.
Important!
This procedure is mandatory in order to record an act against your person.
It is necessary to list all the beatings inflicted, indicate exactly how they were beaten, in what ways and means the injuries were inflicted. All the smallest details are important, even the pushes of the perpetrator and the insults he utters. That is, everything that relates to the beating and the accompanying circumstances.
Where can I film the beating?
This happens in most cases in families.
In matters of removing beatings and attracting a criminal, they are guided by the following laws and regulations:
- – used in matters of causing physical pain of mild severity;
- – relieves the offender of responsibility if the deadline for removing the beatings has passed;
- Code of the Russian Federation on Administrative Offences.
- – beating and causing bodily harm of moderate and severe severity;
- – sets the rules for conducting a medical examination and applying the results obtained in court proceedings;
- – an article for beatings, which entails punishment from a fine to criminal liability with a real term of service;
Also, examination of victims is carried out on the basis of the following regulations:
- .
- ;
- ;
These are just the basic rules and regulations that guide a battery case.
Remove beatings in Samara
lawyer: The claim is filed in court at the defendant’s place of residence.
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