What to do if a person is beaten? Statement of beatings

What to do if a person is beaten? Yes, unfortunately, this happens... Many people are subjected to physical violence from acquaintances or completely unknown people, and beatings often occur in public places. That is why people often ask the question: if I was beaten, how to punish the offender? This article will help you understand what to do if you are beaten on the street.

Our criminal lawyer is ready to advise you at any time, both in cases of battery and other issues. He will take care of all the hassle of solving the problem.

What kind of beating will happen?

Inflicting beatings on people that cause physical suffering is a violation of the Criminal Code of the Russian Federation. To understand exactly what to do if you were severely beaten, you need to know that criminal cases of private and public prosecution are considered differently.

Procedural legislation has established cases where a minor public danger of offenses leads to the initiation of a criminal case only if the victim files an application. These private charges include:

beatings that did not harm the health of the victims, but caused them physical suffering (Article 116 of the Criminal Code of the Russian Federation);
beating a person, which caused slight harm to his health.

Watch the video on the topic and subscribe to the YouTube channel:

If you were beaten on the street, the article of the Criminal Code of the Russian Federation provides for the following cases of public accusation:

beatings with intentional harm to health (moderate and severe);
beating a person with a threat to his life, incl. with death threats;
hooliganism or other violent acts.

Where to contact in case of beating

So, a person was beaten - what to do? The first option that comes to mind for most is filing a police report. And this is the right policy.
If a person, for example, is beaten on the street by strangers (or people he barely knows), he should file a complaint with law enforcement agencies as soon as possible. Although, of course, it’s worth removing the beatings first.

In the case of the victim, time will play against him, firstly, because the physical damage will begin to disappear and it will be much more difficult to prove it later, if the beaten person did not hurry to remove the beating. Secondly, if these were strangers, the police will have to find witnesses to the incident, and this is quite difficult to do, say, in a month.

Not everyone knows that you can file a complaint about beating directly to the court. This is done mainly in cases where the victim knows the person who caused him physical harm. More precisely, it has the necessary data about the culprit, for example, his exact name.

Procedure for beating: what to do if beaten on the street?

Emergency room . If I was beaten, my actions to punish the criminal must be consistent and properly planned. The first step after a beating is to call an ambulance or go to the hospital (emergency room) yourself. This is also necessary to record the injuries inflicted “without delay”. At the same time, employees of medical institutions must make entries in a special journal and transmit them to the Ministry of Internal Affairs by telephone. Subsequently, before initiating a criminal case, the victim must undergo a forensic medical examination. You will receive a referral for examination immediately after filing a complaint with the police.
Application to initiate a criminal case to the police . The next stage is for people wondering “beaten up in a club, what should I do?” - Direct contact to the police. To do this, you need to write a corresponding statement and submit it to the police department of the Ministry of Internal Affairs in the area where your injury occurred. At the same time, many victims ask the question: “I was beaten, how can I write a statement?” This document must clearly describe all the circumstances of the case (who beat, when and where it happened, a list of beatings inflicted, incentives to beat, etc.). It is also important to correctly formulate the request for an inspection and initiation of a criminal case.
Recovery of compensation for moral damage . After the police investigation and identification of the culprit, the issue of the amount of compensation for moral damages for the injuries and moral suffering caused can be decided. If the victim dies after the beating, the heir of the deceased can file a lawsuit.

Contacting the police

The main document for starting criminal prosecution should be a statement from the victim. You can submit it in several ways:

When visiting the precinct in person. The application is submitted to the duty station, the fact of acceptance is confirmed by the issuance of a notification coupon;
Via postal service. It is better to send the letter by registered mail with acknowledgment of receipt; this, if necessary, will record the fact that the application was accepted by the police;
The application can also be sent by mail to the prosecutor's office, from where it will be forwarded to the police for verification.

The statement itself must contain a clear description of all the circumstances of the case (who, when, where, what kind of beatings he inflicted, for what reasons, etc.). In addition, it is important to definitely formulate your request - to carry out an inspection and initiate a criminal case.

Copies of medical documents confirming the fact of bodily injury must be attached to the application.

After the inspection, the police will make one of the following decisions, which will be formalized in the form of a resolution and sent to all interested parties:

Initiate a criminal case and begin an investigation;
Refuse to initiate a criminal case for lack of corpus delicti;
Refuse to initiate a criminal case and explain to the citizen his right to appeal to the magistrate’s court privately.

In the first case, the case will be under police control, and the victim will certainly be notified of further events. In the second, in case of disagreement with the resolution, you can contact the prosecutor’s office with a request to verify its legality. In the third - the victim asking the question - if I was beaten, what should I do? - Must apply to the Magistrates' Court.

How to write a statement about beatings?

Depending on the severity of the damage caused to health as a result of the beating, a statement may be written to the police or a magistrate. A statement is written to the magistrate if the victim was beaten, which resulted in minor harm to health. In any case, you can contact the police first.

An allegation of battery is an allegation of a crime. The statement states:

►to whom it is served;

►Full name, date of birth of the person submitting the application, address, telephone number;

►title of the statement: statement about the commission of a crime;

►in the text of the statement it is necessary to set out in detail the circumstances of the event: who, where, when, at what time he was there; what happened between the victim and the perpetrator of the crime, what circumstances caused the conflict situation; where and with what the culprit struck; what clothes the victim and the culprit were wearing; who was present when the crime was committed, that is, who was a witness; information about the perpetrator and witnesses with contact details;

►the operative part of the application indicates a request to bring the person who committed the crime to criminal liability.

►the police application forms also contain information that the person has been warned of criminal liability for knowingly making a false denunciation;

►attachment of documents confirming the circumstances of the crime committed;

►at the end of the application the date and signature of the person are placed.

Domestic violence

A significant proportion of beatings occur within the family. This is a serious problem in modern Russian society. However, you need to understand that the Criminal Code of the Russian Federation does not have a specific article for domestic violence or beating in general. Violent crimes are classified in more detail under the following articles of the Criminal Code of the Russian Federation:

Article 116 of the Criminal Code of the Russian Federation for beatings. The maximum possible punishment is 2 years in prison. The difference between beatings is that they do not cause harm to health, inflicting only a couple of blows. That is, after beatings, it is not always possible to record their consequences on the victim’s body.
Article 117 of the Criminal Code of the Russian Federation for torture. In this case, beatings are inflicted regularly and, as a rule, are combined with psychological impact on the victim. For torture, the perpetrator can be imprisoned for 7 years.
Article 115 of the Criminal Code of the Russian Federation for causing minor harm to health. Minor harm is recorded when the victim has lost the ability to work for a short time. The punishment is imprisonment for 2 years.
Article 112 of the Criminal Code of the Russian Federation for causing harm to health of moderate severity. In this case, the victim experiences a permanent partial loss of ability to work, or a total loss of ability to work for 21 days. Under Article 112 of the Criminal Code of the Russian Federation, they can be punished with five years in prison.
Under Article 111 of the Criminal Code of the Russian Federation, they are punished for causing grievous bodily harm. This includes loss of hearing or vision, termination of pregnancy, disfigurement of the victim’s face and other damage that will not go away over time. Anyone guilty of such a brutal beating of a person will go to prison for 12 years, and if the victim died as a result of the beating, then for 15 years.

In addition to these articles of the Criminal Code of the Russian Federation, Article 213 for hooliganism can be applied to the offender who has been unkind. It is punishable by imprisonment for up to 7 years. In some cases, qualification is also possible under other rules of law, taking into account the circumstances of the case.

The specificity of domestic violence concerns the difficulty of collecting evidence, since the beating usually occurs without witnesses. Also, the victims themselves often put up with the actions of their hot-tempered relatives and do not file a statement with the police, and sometimes withdraw an application that has already been filed.

In this regard, it is worth clarifying that before reporting a beating, you need to understand the legal consequences of filing a statement, because many victims want to “scare” the offender, and not bring him to criminal responsibility. But the victim can terminate the criminal case at his own request only in relation to light beatings. In other cases, it is impossible to terminate the case for reconciliation of the parties.

Is it possible to withdraw a statement about beatings?

If a statement about beatings is filed, and even more so if a criminal case has already been initiated, the statement cannot be withdrawn.

A person, when filing a statement about a crime committed against him, must be aware that he is responsible for a knowingly false denunciation, and if the basis for withdrawing the statement is not having committed a crime, then in this case the person allegedly victim may be brought to criminal charges responsibility.

If the accused and the victim are reconciled, then this is the basis for termination of the criminal case, in connection with reconciliation in cases established by law.

What to do in such situations

If the victim managed to file a statement with the police, then reconciliation with him will not solve the problem. Let's say the parties were able to come to an agreement and have no claims against each other. But this is not a reason to terminate the administrative case. Accordingly, the culprit will not receive relief from liability.

However, the best way out of the situation is to apologize to the victim and try to resolve the issue peacefully. Since such cases are decided in court, the opinions of the victims are always taken into account. Therefore, if the culprit apologizes and repents of his crime, the punishment for him will be milder.

In addition, an attempt should be made to prove that the collisions were accidental. For example, the size of the corridors in the room did not allow a collision to be avoided. Also, the perpetrators may not have noticed the victim due to insufficient lighting.

Sometimes it is enough to prove the absence of intent. That is, the defendants did not want to cause discomfort to the victim. It is intent that is one of the most important signs of a crime. Accordingly, if he is absent, then there will be no responsibility for what happened.

It is quite difficult to predict the outcome of such cases. However, you should use any legal means to protect your position. Perhaps the accused will be able to prove his innocence and avoid punishment.

How to prove that you were beaten?

In order to prove the fact of beating, it is necessary, as they say, to “remove the beating” in the hospital, that is, to document the presence of bodily injuries, bruises, or other physical harm to health and obtain a certificate of beating. Medical records are some of the most important evidence of battery.

During the beating, there may be some persons present who are eyewitnesses and witnesses to the beating. Witness testimony is one of the proofs of the commission of the actions in question. After the crime has been committed, the victim can tell his relatives and friends about it, and subsequently the testimony of these persons will also be assessed by the court.

Also, video recordings on your phone or recordings from CCTV cameras can be used as evidence.

If the culprit denies the fact of beating the victim, as well as the fact of being with him at the same time in the same place, you can also request billing by phone of the culprit, if, of course, he had a phone with him.

Perhaps the guilty person previously threatened the victim about causing harm to his health, the victim told someone about this threat, these persons will be indirect witnesses. If the guilty person made threats via SMS messages, then it is necessary to attach a printout of these messages.

If the victim has a call recorder installed on his phone, which records all telephone conversations, and the threat was received by the perpetrator over the phone, it is necessary to save the corresponding recording of the telephone conversation. In addition, the victim, after the beating has been committed against him, can talk about this topic with the perpetrator on the phone and also record this conversation.

I was beaten and cut - what should I do? I don't remember how it happened

Good afternoon If a criminal case is initiated, you may be recognized as a victim.

According to Art. 42 of the Code of Criminal Procedure of the Russian Federation (as amended on July 29, 2017) a victim is an individual who has been caused physical, property, or moral harm by a crime, as well as a legal entity in the event that a crime causes damage to its property and business reputation. The decision to recognize a victim as a victim is made immediately from the moment of initiation of a criminal case and is formalized by a resolution of the inquiry officer, investigator, judge or a court ruling. If at the time of initiating a criminal case there is no information about the person who has been harmed by the crime, the decision to recognize him as a victim is made immediately after receiving information about this person.

By virtue of Part 2 of Art. 42 of the Code of Criminal Procedure of the Russian Federation (as amended on July 29, 2017), the victim has the right to:

know about the charges against the accused;
give evidence;
refuse to testify against yourself, your spouse and other close relatives, the circle of whom is defined in paragraph 4 of Article 5 of this Code. If the victim agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal of this testimony;
present evidence;
file petitions and challenges;
give evidence in his native language or a language he speaks;
use the help of a translator for free;
have a representative;
participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request or at the request of his representative;
get acquainted with the protocols of investigative actions carried out with his participation and submit comments on them;
get acquainted with the decision on the appointment of a forensic examination and the expert’s conclusion;
at the end of the preliminary investigation, including in the event of termination of the criminal case, with all the materials of the criminal case, copy out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including using technical means. If several victims are involved in a criminal case, each of them has the right to become familiar with those materials of the criminal case that relate to the harm caused to this victim;
receive copies of decisions to initiate a criminal case, to recognize him as a victim, to refuse to select a preventive measure in relation to the accused in the form of detention, to terminate a criminal case, to suspend proceedings in a criminal case, to forward a criminal case according to jurisdiction, to appoint a preliminary hearings, court sessions, receive copies of the verdict of the court of first instance, decisions of the courts of appeal and cassation. Upon application, the victim has the right to receive copies of other procedural documents affecting his interests;
participate in the trial of a criminal case in the courts of the first, second, cassation and supervisory instances, object to the passing of a sentence without a trial in the general manner, and also, in the cases provided for by this Code, participate in a court hearing when the court considers issues related to the execution of the sentence;
speak in court debates;
support the accusation;
get acquainted with the minutes of the court hearing and submit comments on it;
bring complaints against the actions (inaction) and decisions of the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court;
appeal a verdict, ruling, court order;
know about the complaints and representations brought in the criminal case and file objections to them;
apply for the application of security measures in accordance with part three of Article 11 of this Code;
on the basis of a resolution, a ruling of the court, adopted at the request of the victim, his legal representative, representative submitted before the end of the debate of the parties, to receive information about the arrival of a person sentenced to imprisonment at the place of serving the sentence, including when moving from one correctional institution to another, about departures convicted person outside the institution executing a sentence of imprisonment, about the time of release of the convicted person from places of imprisonment, as well as to be notified of the court’s consideration of issues related to the execution of the sentence on the release of the convicted person from punishment, on the postponement of execution of the sentence or on the replacement of the convicted person with the unserved part of the sentence a milder type of punishment;
exercise other powers provided for by this Code.

In accordance with Article 3, 4 tbsp. 42 of the Code of Criminal Procedure of the Russian Federation (as amended on July 29, 2017), the victim is provided with compensation for property damage caused by the crime, as well as expenses incurred in connection with his participation during the preliminary investigation and in court, including expenses for a representative, in accordance with the requirements of Article 131 of this Code. Upon a claim by a victim for monetary compensation for moral damage caused to him, the amount of compensation is determined by the court when considering a criminal case or in civil proceedings.

At the same time, by virtue of Part 5 of Art. 42 of the Code of Criminal Procedure of the Russian Federation The victim has no right:

evade appearing when summoned by an inquiry officer, investigator or in court;
knowingly give false testimony or refuse to give testimony;
disclose the data of the preliminary investigation if he was warned about this in advance in the manner established by Article 161 of this Code
evade undergoing an examination, from conducting a forensic examination in cases where his consent is not required, or from providing handwriting and other samples for comparative research.)

If the victim fails to appear when summoned without good reason, he may be subject to arrest.

For giving knowingly false testimony, the victim is liable in accordance with Article 307 of the Criminal Code of the Russian Federation, for refusing to give testimony, as well as for evading examination, from conducting a forensic examination in cases where his consent is not required, or from providing handwriting samples and other samples for comparative research, the victim is liable in accordance with Article 308 of the Criminal Code of the Russian Federation. The victim is responsible for the disclosure of preliminary investigation data in accordance with Article 310 of the Criminal Code of the Russian Federation.

Taking into account what you have stated, I believe that you should acquire a representative whose participation in a criminal case does not deprive you as a victim of the rights provided for in Article 42 of the Code of Criminal Procedure of the Russian Federation (as amended on July 29, 2017).

I would be grateful for your feedback

How to prove innocence of assault?

Under the law, a person is presumed innocent until proven guilty. It seems that a person is not obliged to prove his innocence of assault, but he still shouldn’t just sit and do anything.

If a person struck the victim once or slapped him in the face, or pushed him once, then these single actions (each single action, and not in aggregate) do not form a crime, unless of course they caused harm to health, since you can push a person once , and he will fall and hit his head. And in this case, the person involved must explain that he pushed the victim in order, for example, to pass, but at the same time the victim did not fall or hit himself from his push.
If video surveillance is installed at the scene of the incident, it is necessary to request a recording from CCTV cameras, where everything will be visible.
If the person did not inflict the beatings, but he was slandered, you can, in support of your arguments, refer to witnesses who can confirm that the said person did not inflict the beatings on the victim.

In a case where a person not only did not participate in any showdown with the victim, but was not in one place or another at all, well, the victim for some reason denounces the person, you can request information about the whereabouts of the person at a specified time by phone number, that is, use billing. The person can also explain where he was at the relevant time, indicating the persons who will confirm his alibi. Given the large number of CCTV cameras on the streets, the corresponding cameras can also record the fact that a person is in a certain place at a certain time.

During the interrogation of the victim and witnesses, it is necessary to ask questions about the circumstances of the case in order to identify contradictions and inconsistencies in the testimony of the victim and witnesses.

Need some advice? Write your story Hello, my name is Valeria and I am 15 years old. Girls want to beat me, what should I do? Very often, in recent days, a very large crowd of both boys and girls has been coming to my house. I tell my parents that I’m not there (they know about this, I told them), they tell them that I’m not there at the moment, but they don’t leave, they continue to wait in the entrance and sit there for quite a long time. The fact is that I don’t know why they want to do this. Not long ago I had a showdown with them (thank God there was no fight) over a boy. I dated him last year at the beginning of this year, we broke up and haven't talked since then, but one of those girls is still pestering me about this boy. This time I don’t know why everything is happening, perhaps for the same reason. Now you will write that don’t go alone, because I have no one to go with except one, because my “best friend” began to communicate with just that company, and I didn’t communicate with anyone else and still don’t communicate. They are already waiting for me at school tomorrow (I was sick and didn’t go for 3 days, and when it all started it was just the holidays) and it’s very scary to go because of this (what can you tell me to do? Rate:

Valeria, age: 15 / 11/07/2018
Responses:
Tell everything to your parents and teachers. You need to take measures in time to prevent a fight. When you see those girls, say that you broke up with that boy and ask them to leave you alone.

Rada, age: 26 / 11/12/2018

Hello Valeria, it’s good that you turned to at least somewhere with your problem. From your letter I understood that you didn’t contact your parents. I advise you to talk to them. Not all teenagers can cope with stress, and even overcome the situation, especially since you have no one to talk to It won’t help. It’s good if it doesn’t go far. If you were a boy, the only option you would offer would be to fight with those who trample on your dignity with owls, and even more so if they beat you, that’s what happened to me.

Dmitriy, age: 42 / 11/12/2018

Hello to you! The main thing is not to be afraid to go somewhere. This is precisely a test from Above for you that you are afraid of. Until you pass it, it will haunt you. You're afraid of a fight, you write it yourself. Don't be afraid of fighting, it's fun. Take a can just in case. Don't look for a fight, but don't be afraid either. They persecute you precisely because of your fear; all bullying in the world has always been based on the fear of the victim. If something serious happens, there are police. Parents should also be not indifferent. Do you still have support? Don’t be afraid to talk to them all, find out what’s going on, say that you have no complaints against anyone, let everyone do what they want, you have nothing to do with this. Most likely, this will end there. And if not, when the fight starts, fight fiercely. And everything will be ok. If anything happens, there are bruises, then you can write a report to the police and they will deal with them. Believe me, this is a common thing in our schools, which have been deprived of spiritual education for a hundred years, many people have gone through your situation, but you have to go through it, not run away. Good luck!

Anton, age: 50 / 11/12/2018

I think there is no need to be afraid. You'll be fine. This fear you feel is not rational, it plays on your feelings. They won't beat you, that's for sure. They're just trying to intimidate you to see your reaction. They themselves are afraid of it. Why do they need to have a showdown with the police? Ask your parents to look after you and be nearby for a while. If this company treats you badly, it's not very nice. But you choose to suffer or not to suffer from this. If you agree to be a victim, then you will feel that way. Such companies choose a person from their environment to play the role of victim. They are looking for a person who will take their bait. It comes across people who are neglected, unsure of themselves, and have no experience in self-defense. After a person pecks and enters this role, they, like spiders, suck the energy out of him and satisfy their perverted need for psychological violence. It's not your fault that they pester you, they just didn't find anyone else who took the bait. Everything is fine with you, don’t doubt it :) But for yourself you need to learn to build boundaries. Don’t communicate with such girls and boys if you know that these are the people they are. Choose good friends. Don't tell everyone about yourself. If you have a core inside you, no one can hurt you. To get out of this vicious circle, you need to decide to stop falling for their tricks, stop being a victim. React not as it turned out, as I’m used to, but with an analysis of the situation. I survived more than 5 years of psychological violence at school. And then I was depressed for several more years. At that moment I could not do anything. I had no hope of getting out of this hell. But now everything is fine. The time, the place where I live, my circle of friends have changed. My life has gotten better. What seemed like a disaster one day ended. Then, I think the best option would be to stop any contact with these people, but I could not do this, since I studied in the same class. Don't focus your life around just these people. Look, maybe there are others nearby? Take care of your health and nerves. Be smart, don't fall for their tricks. And don't be afraid of anything. When a person experiences pain and fear for a long time, one day he no longer fears anything.

Marusya, age: 23 / 11/12/2018

Be strong First you need to understand what they need from you, do not forget to use the help of adults, tell them about your concerns, there are probably caring people at school who will solve this problem not with the children themselves, but with their parents. If you don’t want to let it come to this, just talk to him in a safe area, solve the problem by finding a compromise. The main thing is not to behave aggressively and like a victim either. Let them know that you are not a toy to be bullied. Don't be afraid to shame them as a last resort if they do something wrong

Katerina, age: — / 11/12/2018

Hi! Go and don't be afraid! You have to be for yourself first. I had a lot of fights at school, where I was always the winner and it came to fights. There was something similar, the girl started making threats, etc., so they shouted about going to school, and didn’t receive support from their mother. Only in the morning when she said that God forbid she does something to you, I will arrange it for her. My mood lifted so much because I just knew that one of the elders was for me. I think we need to talk first, ask what you did to them and never be afraid of anything. They won’t beat you, and if it comes to that, God forbid, their parents will get it. Tell your parents about this and again, don’t be afraid)) you’ll forget it in a year! And you will understand that this is complete nonsense)) you will remember with a smile))

Monika, age: 18/11/13/2018

They just decided to make you a punching bag. So, you met someone there only as a clue, supposedly a reason, but in reality it’s just punks who weren’t occupied by their parents and they’re doing this kind of bullshit. I went through all this and fought on my own, without telling my mother anything. As a result, she became just as aggressive and cruel. You shouldn’t figure it out on your own; you should ask your parents for help. If they don't understand, contact the police. Good luck.

Katerina, age: 24 / 11/15/2018

Previous story Next story

Return to the beginning of the section

print version

Deadline for filing a complaint about assault

The law does not establish any special deadline for filing a statement of beatings, but it is advisable to pay attention to the following points:

If a person has not decided whether to prosecute the offender or not, in any case it is necessary to record the fact of beating in a medical institution.

The sooner the victim files a statement, the greater the chances of bringing the culprit to justice, since the circumstances of the crime committed will be fresh in the memory and more accurately stated in the statement, some harm to health will persist for a certain time. That is, a criminal case will be initiated “hot on the heels.”

Criminal legislation establishes statutes of limitations for bringing persons to justice, depending on the severity of the crime committed. The minimum period during which a person can be brought to criminal liability is 2 years after the commission of a minor crime. The later the victim submits a statement, the greater the risk that by the time the verdict is pronounced, the statute of limitations will expire and the criminal case will be dismissed.

Beating on the street

In the event of a street fight, you need to act depending on whether the attacker is known to the victim. If the fight occurred between acquaintances, then it is worth filing a report with the police if the victim really wants to punish the aggressor according to the law. If its goal is only to scare the offender, it should not be done through criminal prosecution, because later it will be difficult to stop it by agreement of the parties.

If the beating on the street was committed by an unknown person, then a criminal case will be opened as a public charge. In this case, it will be generally impossible to terminate it by agreement of the parties.