As often happens, two people got into a fight: they jostled each other, hit each other a couple of times - and went their separate ways, or perhaps nothing happened, they just talked in a raised voice, and after some time one of the participants may find out that his opponent is in dispute, I went and wrote a statement against him to the police about beatings.
ATTENTION : our lawyer for battery cases will explain what to do if you are accused of battery that you did not commit: professionally, on favorable terms and on time. Call today!
How can you prove that you did not assault?
Quite often it happens that whoever wrote the statement first is right. What should a citizen do who has not committed anything illegal, but is accused of assault? In this situation, an innocent person should make every effort to prove his innocence in the beating, and one should not hope that first they must prove his guilt, and then he will have to prove that he is not involved.
The evidence will depend on the circumstances of the case, i.e. when, where, under what conditions the fight occurred.
One of the evidence will be witness testimony.
Also, recordings from CCTV cameras can be used as evidence if the communication between the victim and the “suspect” was recorded by cameras, which show that there was no assault between the persons.
It is possible that the accused person was not in a particular place at a particular time, i.e. the accusation brought against him is false, in this case the suspect must provide evidence of his presence at a certain time in another place, this may also be the testimony of witnesses.
In addition, billing will help to determine the location of the “suspect” at the time of the crime. Such information may be provided by mobile operators at the request of law enforcement agencies.
Other evidence depending on the situation, for example, a video recording on a phone, a car registrator recording, etc.
INTERESTING : what happens if you beat a person, read the link
School fight: legal consequences
At the same time, parents are fully responsible for harm caused to minors under 14 years of age; For harm caused to minors aged 14 to 18 years, parents are responsible only if the child does not have income or other property sufficient to compensate for the harm.
According to Part 3 of Art. 32 Federal Law “On Education” An educational institution is responsible for the life and health of students, pupils and employees of an educational institution during the educational process; as well as for violation of the rights and freedoms of students, pupils and employees of an educational institution.
For legal liability, whether criminal or civil, the consequences of the unlawful actions of other persons are decisive.
In criminal law, socially dangerous consequences are the most important element of the crime, without which, in most cases, there is no crime itself. In civil law, consequences in the form of material or moral harm are also included in the civil offense. In other words, no consequences - no act (illegal action) - no responsibility. If this is not possible, or the administration of the educational institution objects to this, it is necessary to insist that an accident report be drawn up.
It must reflect the date and time of the accident (fight), its participants, circumstances and consequences. The act is drawn up in the presence of several employees of the educational institution and signed by them. It is important that the fact of causing damage and its severity are properly recorded in the act (protocol). short-term health disorder (if the victim is treated in hospital for up to 21 days inclusive); minor persistent loss of general ability to work.
How to prove beatings if there are no witnesses?
If you were beaten and traces of them remain, then you must immediately seek medical help so that the fact of the presence of traces of beatings is recorded.
After a crime has been committed against the victim, he should tell about what happened to as many people as possible who will be indirect witnesses to what happened. Also, when they meet, witnesses can see the consequences of the incident between the victim and the accused.
You should contact the police as soon as possible and testify in great detail about the beatings inflicted.
If the incident was recorded by CCTV cameras, you must request video footage from the cameras. The individual will most likely not be given the recording, so you should ask the investigator to make a request accordingly.
Holding a minor child accountable for hitting another child
No one will call your child to the police and no criminal case will be opened either, since he is too young for this.
The best that the girl's parents can do in this case is to file a claim in court for compensation for moral and material damage caused by your son to the girl. You are responsible for your child's actions. But, since the child was at school at that time, responsibility can be shifted to the class teacher, since he must monitor the children during the educational process, especially first-graders.
As for you, the parents of the injured girl have the right to file a claim in court for compensation for material and moral damage. The defendants are the educational institution and the parents of the other child. The teacher may be named as a third party on the defendant's side. Parents are responsible for the proper upbringing of their child, and according to the Civil Code, they are obliged to compensate for the harm caused by their minor child to others1. For harm caused to a minor under fourteen years of age (minor), his parents (adoptive parents) or guardians are responsible, unless they prove that the harm did not arise through their fault.4.
The obligation of parents (adoptive parents), guardians, educational, medical organizations or other organizations to compensate for harm caused to minors does not end when the minor reaches the age of majority or receives property sufficient to compensate for the harm.
What should the police do if they are accused of battery?
If a person is called to the police and charged with battery, then the accused has 2 options:
- admit guilt and repent if he committed beatings;
- do not admit guilt if he did not inflict the beatings.
In any of these options, the suspect has the right to a lawyer, i.e. the suspect (accused) may not give any testimony until he is provided with a lawyer.
The suspected (accused) person can take advantage of Art. 51 of the Constitution of the Russian Federation and not to testify against oneself, i.e. refuse to testify.
On the other hand, if the citizen is not guilty, then everything should be told in detail as it happened, namely, how the communication took place or there was no communication, since the person never met the victim. The investigator must be informed who can confirm the testimony of the suspect (accused).
INTERESTING:
Providing medical care and recording beatings
In order to hold a criminal accountable for assault, there must be a sufficient number of grounds. The main document on the basis of which a rapist can be held accountable is a medical report. It describes a list of injuries inflicted, their full description and additional information.
Many citizens have a question: “in which hospital can beatings be recorded?” Before going to the hospital, it is advisable to document the beating in a photo. Evidence can include not only bruises and abrasions, but also torn clothing. In some cases, the victim cannot independently get to the nearest clinic. In this case, you need to call an ambulance, whose staff will provide first aid. It is also worth saying that when calling an ambulance, the fact of going to the hospital will be recorded, which can also be used as evidence during the trial.
Doctors at the nearest medical institution are required to record the condition of the applicant and provide a list of all injuries received. It would be a good idea to monitor the doctor’s actions so that he does not overlook certain injuries.
How to defend against a false accusation of battery in court?
The only way to defend against a false charge of battery in court is to provide evidence that the accused person did not commit the crime. Sample evidence is provided above.
In addition, during the court hearing the victim should be asked questions about the circumstances of the case. A situation may arise that if there is a false accusation, the victim will become confused in his testimony, which will lead to contradictions in his testimony. Also, witnesses for the prosecution may give evidence that is not comparable at all.
The main thing in a court hearing is to correctly ask questions that will help “bring to the surface” people who are prone to lying.
If some evidence cannot be obtained by the accused (defendant), then it is necessary to submit a reasoned petition to the court so that certain evidence is requested by the court, for example, camera footage.
The corpus delicti according to the Criminal Code of the Russian Federation
The term “beatings” in legal practice is used to define the following criminal acts:
- repeated striking (beating), intended to cause physical pain and/or harm to health;
- similar violent acts committed no more than twice a year against one person (systematic bullying is classified under another article).
In the Criminal Code, such crimes are regulated by Article 116 and are punishable by compulsory, corrective or forced labor, restriction of freedom, arrest or imprisonment (maximum two years).
To prove the fact of such violence, it is necessary to document the harm by contacting the nearest medical facility or emergency room (surgeon, traumatologist) immediately after the incident. A certificate issued when the victim applies independently is sent directly to law enforcement agencies. Additionally, the court will require a forensic medical examination report.
Liability for false accusation of beating
For a knowingly false denunciation of beating, the criminal code provides for liability under Art. 306, the sanction of which under Part 1 provides, inter alia, imprisonment for up to 2 years.
For giving knowingly false testimony, liability is provided under Art. 307 of the Criminal Code of the Russian Federation. The person will not only be prosecuted, but will also receive the punishment provided for in the specific part of this article. The specified article is valid, i.e. the person is not formally warned about criminal liability, but in reality, if something happens, he will be brought to the specified type of liability.
When accusing a person unreasonably, you should not expect that after denunciation, you can refuse to testify. For such a refusal, criminal liability is also provided for under Art. 308 of the Criminal Code of the Russian Federation
In criminal proceedings, it is difficult to do without the help of a qualified lawyer, especially when accused of committing a crime that you did not commit. Our lawyers are always ready to help both persons suspected of committing a crime and victims, since any of these participants may need legal assistance.
How can a victim drop a criminal case for battery?
Hello. How can a victim drop a criminal case for battery?
Lawyer Antonov A.P.
Good afternoon According to Article 116.1 of the Criminal Code of the Russian Federation, beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, and do not contain elements of a crime provided for in Article 116 of this Code, by a person subjected to administrative punishment for a similar act is punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to two hundred and forty hours, or by corrective labor for a term of up to six months, or by arrest for a term of up to three months. According to Article 20 of the Criminal Procedure Code, depending on the nature and severity of the crime committed, criminal prosecution, including charges in court, is carried out in public, private-public and private. Criminal cases of crimes provided for in Article 115, Part One, 116.1 and 128.1, Part One of the Criminal Code of the Russian Federation are considered criminal cases of private prosecution and are initiated only at the request of the victim, his legal representative, with the exception of cases provided for in Part Four of this Article, and subject to termination in connection with the reconciliation of the victim with the accused. Reconciliation is allowed before the court retires to the deliberation room to render a verdict, and in the appellate court - before the appellate court retires to the deliberation room to make a decision on the case. Criminal cases of private-public prosecution are initiated only at the request of the victim or his legal representative, but are not subject to termination due to reconciliation between the victim and the accused. Criminal cases of private-public prosecution include criminal cases of crimes provided for in articles 116, 131 part one, 132 part one, 137 part one, 138 part one, 139 part one, 144.1, 145, 146 part one, 147 part one, 159 parts five - seven of the Criminal Code of the Russian Federation, as well as criminal cases of crimes provided for in articles 159 parts one - four, 159.1 - 159.3, 159.5, 159.6, 160, 165, 176 part one, 177, 180, 185.1, 201 part one of the Criminal Code of the Russian Federation, if they are committed by an individual entrepreneur in connection with his business activities and (or) management of property belonging to him, used for the purposes of business activities, or if these crimes are committed by a member of the management body of a commercial organization in connection with the exercise of his powers to manage the organization or in connection with the implementation by a commercial organization of entrepreneurial or other economic activities. Criminal cases of private-public prosecution cannot include criminal cases of crimes provided for in Articles 159 - 159.3, 159.5, 159.6, 160, 165, 176 part one, 177, 180, 185.1, 201 part one of the Criminal Code of the Russian Federation, in cases if the crime caused harm to the interests of a state or municipal unitary enterprise, state corporation, state company, commercial organization with participation in the authorized (share) capital (share fund) of the state or municipal entity, or if the subject of the crime was state or municipal property. The head of the investigative body, the investigator, as well as with the consent of the prosecutor, the interrogating officer, initiate a criminal case on any crime specified in parts two and three of this article, and in the absence of a statement from the victim or his legal representative, if this crime was committed against a person who, by virtue of his dependence or a helpless state or for other reasons cannot protect their rights and legitimate interests. Other reasons also include the case of a crime being committed by a person whose details are unknown. Thus, the criminal case will be terminated at the request of the victim.
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If you make peace with the victim, the investigator will close the case
It is important to know: Part 1 of Article 116 of the Criminal Code of the Russian Federation “Battery” is a matter of private prosecution (Article 20 of the Criminal Procedure Code of the Russian Federation). In other words, the investigator can initiate a criminal case only if the victim reports beatings.
And on the other hand, the investigator is obliged to close the case if the victim withdraws the statement (Part 2 of Article 20 of the Code of Criminal Procedure). That is, it is enough to ensure that the victim withdraws a statement of beatings from the police. And the case will be closed.
It's important to know: this is the best option. The fact is that the investigation into any criminal case in Russia takes a long time. It can take six months from the moment of beating to trial. And in order to show his work to the boss and the prosecutor, the investigator needs to call the accused for interrogation, set up confrontations, and interview witnesses. It's not a big deal, but there's a lot of hassle and paperwork. So it is best if the victim withdraws the statement and the case is closed.
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Hotline in Moscow
Any trouble that happens at school during school hours falls on the shoulders of the management. And even if the kids took time off from classes and started a fight on school grounds, the teacher and the director will be to blame, and the school will be financially to blame. Lawyer Yulia Nikiforova talks about how parents should behave if a conflict situation arises at school. The teacher must be attentive to students’ health complaints and not let the child leave school if he or she feels unwell: there may be an internal injury, bruise, fracture, or sprain.
Complications may arise later, and the teacher who ignored the student’s complaint will be to blame.
