What is the penalty for beating a person: punishment and terms under the Criminal Code of the Russian Federation - Legal assistance on the road

Causing physical harm to a person is a serious crime that will result in prosecution. The more severe the injuries sustained as a result of the beating, the more severe the punishment.

But there is no clear answer to the question: what kind of beating of a person will be like. The situations in which the crime occurred can be very different. It is important to understand the difference between an administrative offense and a criminal offense and only then consider what the punishment may be for assault of one degree or another.

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.

Corpus delicti

Battery (beating) is classified as a criminal act if four mandatory elements are met:

Objective conditions. Physical actions must be committed that fall under the above-mentioned articles of the administrative or criminal code, these could be: beatings;
other actions of the offender, after and as a result of which the victim experienced physical pain, but the offender did not cause harm to the health of the victim.

An object. This is the citizen against whom a crime was committed and his right to integrity (personal and physical).

Subject. This is a citizen who has committed a crime and who can be held accountable in accordance with the administrative or criminal code if he was already 16 years old at the time of the crime.

Subjective side. This is intent to commit a crime. The intention occurs:

direct (the criminal realizes that he is committing an illegal act, understands that there will be consequences, but deliberately commits a crime);

indirect (realizes his actions, understands what the consequences may be, recognizes them, although he does not want them to occur).

In any other case, the event cannot be classified as a crime.

A distinctive feature of this criminal act is the motives for beating the perpetrator, which prompted him to beat the victim. In order for battery to be found guilty, the cause of the crime must be:

Reasons for thugs. In this case, it is characteristic or insignificant that there is no reason to commit a crime. The following factors will be important here: who exactly (criminal, victim or third party) was the instigator of the conflict;
whether the quarrel became a formal reason for the long-planned beating;
it is important to take into account that if the instigator of the conflict was the victim, then the crime will not be classified as committed on the basis of a hooligan;
if the victim committed illegal actions that subsequently became the reason for his beating, then in this case the beating will not be committed for hooligan reasons.

Hostility. This may include any hostility (political, racial, religious, ideological, etc.), as well as hatred of any social or other group.

For example, citizen M constantly beat citizen K because the latter lived in the basement, led an unsociable lifestyle and constantly irritated the criminal with his behavior.

What is the punishment for beating a person?

Depending on many factors, the law provides for two punishment options for beating a person in Russia: administrative and criminal. Let's take a closer look at them.

Administrative punishment for this offense is possible under the following conditions:

this was the first time this had been done;
The beatings were inflicted not under the influence of hostile sentiments, but from hooligan motives;
The victim did not lose his ability to work.

In this case, on the basis of Art. 6.1.1 of the Code of Administrative Offenses, the violator will receive an administrative penalty - a fine in the amount of 5-10 thousand rubles.
The Criminal Code qualifies beating under several articles, and accordingly, the punishment will be different.

Let's look at some options in more detail.

Beating a minor child

The law does not provide for separate punishment for child abuse, but in this case the court is especially biased. Most often, a more severe sentence is imposed than for beating an adult. Aggravating circumstances - if the beating was inflicted by the person responsible for raising the injured child: guardian, mother, father, other person involved in raising the child.

Often beating a child is classified as torture, and this is a more serious criminal law (Article 117 of the Criminal Code). If the crime is classified as child abuse, the offender can receive up to seven years.

For example, citizen L took a seven-year-old girl under his wing. For several months he forced the girl to beg, and when she refused, he beat the little girl. The woman's neighbors reported to the prosecutor's office that citizen L systematically tortured a minor. The girl was examined, and the neighbors’ words were confirmed. The court sentenced citizen L to seven years' royal imprisonment.

Spouse beating

The punishment will depend on the severity of the consequences of the beating. If the offense was single and the victim did not receive such serious consequences as disability, Art. 115 of the Criminal Code. If it is established that it causes serious harm to health, the crime is qualified under Articles 111 and 112 of the Criminal Code - causing harm of moderate severity or serious harm to health. The fine will correspond to the article that is charged to the violator.

In cases of systematic beating, especially while intoxicated, the offender is charged under Art. 117 of the Criminal Code of the Russian Federation (torture). The court may impose a sentence of imprisonment for up to three years or forced labor.

Group beating

The beating of a victim by a group of people is classified by law as a crime under aggravating circumstances. Often such crimes are committed while intoxicated, which further aggravates the guilt. Typically, in such situations, the judge will impose the most severe penalty available under the law for such circumstances. Imprisonment is possible for up to 12 years.

Beating police officers or government officials

Beating up law enforcement officers falls into the category of extreme public danger. As a result, the punishment for such a crime will be more severe. Beating any representative of law enforcement agencies is qualified by Article 318 of the Criminal Code and is punishable by:

Arrest for six months;
Imprisonment for six years;
Fine 200 thousand rubles.

If it is proven that during the beating there was a danger to the life of the victim, the court may increase the term of imprisonment to ten years.

Beating a pregnant woman

Battery inflicted on a pregnant woman is recognized by the court as aggravated battery. Especially if it is proven that the offender consciously knew about the victim’s pregnancy.

If the offense was committed for the first time, beatings are qualified in accordance with Art. 111 of the Criminal Code of the Russian Federation (serious damage to health), if the beatings took place systematically, the perpetrator of the crime will be prosecuted under Article 117 of the Criminal Code of the Russian Federation (torture). In this case, the penalty is imprisonment, depending on the severity of the damage caused, from three to seven years.

Qualifying features

The crime will be classified as causing harm to health of mild severity if the injured party does not have serious health problems. These include fractures, dislocations and other damage that makes a person unable to work.

In the case where health was lost for three weeks or more, the harm caused is average. Then the crime is classified under Article 112 of the Criminal Code. But no threat to human life was recorded.

Otherwise, it will be called grievous bodily harm. This classification occurs when the beating could have caused the death of the victim if he had not received the necessary medical assistance in a timely manner. The same will happen when the victim suffers irreparable harm to health, for example, loses sight or hearing, as a result of which he becomes disabled. The violation in this case is classified under Article 111 of the Criminal Code, which provides for the longest term of imprisonment.

Responsibility and punishment under a particular article depend on the specific circumstances of the case. They can mitigate or, conversely, aggravate guilt.

Punishment for beatings of varying degrees of severity

Let us consider in more detail what punishment the offender may face depending on the severity of the consequences of the beating.

Light beating

In case of minor beating, the perpetrator will be punished:

Mandatory work (no more than 360 hours);

With arrest for up to six months;

Imprisonment for up to two years (two years is the maximum term that a criminal can receive for light battery).

Moderate injuries

In this case art. 112 of the Italian Criminal Code, according to which the punishment is:

Forced labor (no more than three years);

Arrest (no more than six months).

If there are aggravating circumstances, the punishment for moderate battery can be increased, in some cases up to five years.

Battering at risk of life

For beating, the most severe punishment will follow, associated with a risk to the life of the victim or serious damage to his health. Serious harm to the victim’s health is caused by problems with the organs of vision or hearing, as well as with any other human organ that is important for the full functioning of the body.

Serious consequences are considered cases when the victim loses his ability to work from 30 to 100 percent. In this case art. 111 of the Criminal Code of the Russian Federation, and the offender is punished for up to eight years.

For example, citizen N beat up his neighbor. The beatings were so brutal that the victim lost an eye and became deaf in one ear. The reason for the beating was that Citizen N’s neighbor was the rector of the local Orthodox church, and the criminal not only did not believe in God, but also hated all believers.
After a medical examination, it was concluded that the victim suffered serious harm to his health and lost 50% of his ability to work. Citizen N was sentenced to a real five-year term.

What to do if you are beaten at home?

Not long ago, domestic battery was decriminalized. This means that for the first time, a husband who used force against his wife, or a father who hit his son, will not be punished under the Criminal Code of the Russian Federation. The rowdy faces sanctions under the Administrative Code of the Russian Federation. This is a fine from 5 to 40 thousand rubles.

Only in case of relapse will criminal liability arise. The following can be chosen as punishment:

fine up to 40 thousand rubles;
compulsory work up to 240 hours;
correctional labor for up to six months;
arrest up to 3 months.

Let's look at what to do if you are beaten at home. You can complain to the local police officer or file a complaint with the police.

Note!
Even if the case is not initiated under the Criminal Code of the Russian Federation, law enforcement officers will draw up a protocol on an administrative offense and submit the materials to the court.

How to file a police report for assault

A criminal case of beating is considered a public-private prosecution, that is, it is initiated only after the victim submits a specific request. Once a case has been initiated, reconciliation between the parties is impossible.

The procedure for filing a complaint about beating is regulated by Art. 141 Code of Criminal Procedure of the Russian Federation. You will need to consider several important nuances:

An anonymous application will not be considered; the document must be signed by the victim; an oral application may be submitted;

If the victim decides to make an oral statement, the police draw up a crime report, which is signed by the victim and the law enforcement representative who drew up the report;

In some cases, the victim cannot be personally present when the protocol is drawn up, in which case the procedure takes place in accordance with Art. 143 cpc;

When drawing up the protocol, the applicant is warned of liability for knowingly false information that is signed in the document.

Before making a statement about the beating, it is advisable to contact any medical institution and record the beatings (record the beatings). It should be remembered that the punishment of the offender will depend on the circumstances surrounding the commission of the crime, on the behavior of the victim, as well as on the severity of the consequences that followed the beating.

If you are at fault for such an accident and are facing prosecution, it is recommended that you seek the assistance of a qualified criminal defense attorney. At least for a preliminary consultation, during which he will consider all the circumstances of the case and talk about his prospects. Well, then decide whether you will need the help of a lawyer in the future or whether you can handle it yourself.

How long does it take for a beating to be removed?

Within how many days can the beating be removed? In the legal literature and regulations, specific deadlines for conducting a forensic medical examination are not established. Facts of causing physical pain and harm to health are regulated by Articles 115 and 116 of the Criminal Code. These are sections that regulate liability for causing minor harm to human health.

However, in practice, such deadlines exist and are taken into account based on the physiological characteristics of a person, medical indicators and many other factors.

Currently, cases of beatings are considered in the magistrate's court; beatings can be recorded independently and without a documentary referral from law enforcement agencies.

The removal of beatings has a high evidentiary importance - this issue must be dealt with as quickly and competently as possible. From the point of view of forensic medical and law enforcement practice, the optimal time frame for removing beatings is one to two days.

These time frames still make it possible to recognize the nature of the wounds received, since the process of resorption of hematomas and natural healing of small wounds and abrasions has not yet begun.

And the important fact is that the victim himself is still fully aware of what happened to him, how and why. Can reconstruct events in small details, remember details, point to faces and objects.

In this regard, the victim needs to quickly contact a health care institution or expert organization.