The concept of “minor bodily injury” has been replaced by “minor harm to health.” Punishment for this act is provided for in Article 115 of the Criminal Code of the Russian Federation. The actions of the violator must, first of all, be intentional. Also, the harm caused to the victim implies in this case a short-term health disorder, which entails loss of ability to work for a period of no more than 3 weeks, or for a longer period, but not more than ten percent of the total ability to work.
Important! If you are dealing with your own battery case, you should remember that:
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For minor bodily injuries, the article of the Criminal Code of the Russian Federation provides for a fine, correctional and compulsory labor, as well as arrest. Hooligan motives, motives of enmity or hatred, and the use of weapons increase the punishment.
Why is an examination necessary after a beating?
The law does not oblige the injured person to go to medical institutions to remove the injuries. You can be held accountable even if no bruises or abrasions are found on the body of the beaten person. The very fact of pain experienced by the victim already indicates the presence of a criminal offense.
However, the initiation of criminal proceedings is possible only if there is a conclusion issued after a forensic medical examination, a referral for which is issued by police officers as part of a pre-investigation check.
In addition, if the victim wishes to subsequently, through the court, compensate for the damage caused to him by the offender, he must present evidence of the beating to the court, as part of the civil process. Therefore, it is better to also contact a medical institution to obtain a document (certificate).
How long does it take to remove a beating?
Neither legal literature nor legislative acts define the time limits for establishing battery. In practice, specific time still exists.
This period is determined based on the medical characteristics of the individual victim’s body, physiology, state of his health before the unlawful act, as well as other factors.
The optimal period for examining a beaten person is two days. It is at this time that wounds, abrasions and bruises are not yet healing. Afterwards, the recovery process begins, the hematomas resolve, and the skin is restored.
At the same time, damage can be recorded later, but it should be taken into account that six days after the injury has occurred, it is practically impossible to reliably determine the cause of its occurrence.
Minor bodily injury in the Criminal Code of the Russian Federation - the concept
The term intentional infliction of minor bodily harm comes from the general idea of an atrocity in which there is premeditation of actions. The category of crimes against health includes all illegal actions in which the victim suffered corresponding damage, since such acts are socially dangerous and involve an attack on human well-being. These acts are punishable by the provisions of the Criminal Code of the Russian Federation in order to protect citizens from violence.
The legislator determines liability for minor bodily injuries in accordance with Article 115 of the Criminal Code of the Russian Federation.
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Qualified staff
The qualification of the crime determines the level of complexity of the consequences resulting from the act, which are identified through a medical examination. So, in this case, they fall into the category of “minor bodily injuries” that do not pose a danger to the general state of health. In addition, the qualification composition determines the intentionality of the act, and not a random combination of circumstances and the number of participants on the unlawful side.
Important!
When an unlawful act is committed by a group of persons, it may be qualified in accordance with Part 2 of Art. 115 in the event that actions are focused on antisocial processes, for example, inciting political, religious, interethnic conflicts and other organized criminal activities.
Accordingly, the punishment imposed in this case will depend not so much on the severity of the harm to the citizen’s health, but on the degree of social danger of the act. In addition, the motives and purposes of the crime are qualified.
How to properly remove beatings
The procedure for removing a beating depends on whether the victim initially contacts the police or goes to a medical facility on his own, whether he is hospitalized by an ambulance, and whether he even wants to report to law enforcement agencies.
In detail: How to write a statement about beatings?
Initial contact with the police
If the victim did not remove the beatings on his own and called the police or filed a statement with the department, then he must be given directions for a forensic medical examination.
Usually it is carried out at the Bureau of Forensic Medical Examination (BSME), where they will examine the beatings and issue an expert opinion, which they will forward to the police. Employees of the institution will take measurements of the injuries received, describe the nature of the injury, their appearance, and their severity.
It is important to establish the fact of the absence of slander and self-infliction of injury (this is one of the questions for the examination - is it possible for self-infliction). Based on the expert's opinion, a decision will be made to initiate a criminal case.
Removing beatings in a medical facility
A person who has been injured can independently go to any medical institution to record their injuries. This could be a clinic, emergency room, or hospital.
Having medical documents on hand makes it easier to submit a statement to the police and undergo a forensic medical examination to initiate a criminal case; they will also be one of the evidence of assault when filing a claim for compensation for harm in civil proceedings.
It is important to know! State health care institutions are required to report citizens' requests for medical assistance with injuries and damage of a criminal nature to the police. Inspections are carried out according to them, the victim is questioned about the circumstances of the injuries, a forensic medical examination is appointed and carried out, and a decision is made according to the requirements of the law.
Removing beatings in the emergency room
A trauma center is a government agency that provides first aid services free of charge. When dealing with beatings on your own without the assistance of the police department, it is recommended to visit the emergency room. A traumatologist provides assistance to the beaten person. At the end of the examination, the doctor gives the applicant a state certificate. sample, which indicates:
- all damage caused to the victim;
- day and time of appeal;
- health worker's signature and seal.
Example of a certificate from an emergency room
The applicant will be required to provide an explanation of the cause of the injuries. The doctor is obliged to record this information and forward it to the police.
Vera Viktorovna Dolganina
Practicing lawyer with more than 10 years of experience.
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A certificate received by the victim at a tram center or a private hospital can be attached to the case file if the victim wishes to file a claim in court for compensation for damage caused by beatings. However, evidence in criminal proceedings can only be the conclusion of a forensic medical examination. It is impossible to initiate a criminal case without an expert opinion.
Recording beatings during hospitalization
If the victim is hospitalized, medical workers are required to indicate the injuries received and their description in medical documents. Hospital staff will report the complaint and all information received from the victim to law enforcement officials.
An inspection will be carried out, the medical record and data from primary and subsequent medical documents will be sent by the police for a forensic medical examination, based on the conclusion of which a decision will be made to initiate a criminal case.
Removal of beatings without reporting to the police
You should know that if you suspect a violent injury to an applicant, employees of an emergency room, clinic or hospital are required to report the application and all information received from the victim to the police department at the location of the medical institution.
If for some reason the victim does not want to report the offense and file a statement, but considers it necessary to record the beatings, he can contact accredited expert institutions.
When applying privately, that is, by the victims themselves without a referral from the police, these institutions do not have instructions to report to law enforcement agencies. If the victim wants to have the beating removed without reporting to the police, he can contact these institutions, but the service will be paid.
Accredited expert institutions
There are many non-state accredited expert institutions that offer independent forensic medical examinations for a fee without a referral from the police. As a result, the victim receives a specialist’s conclusion from an organization with a license to provide services in the field of forensic medical examination.
The cost of such an examination with photographic recording of damage in Moscow can reach 15,000 rubles.
Important! The conclusion of a specialist from a non-state forensic institution does not replace a forensic medical examination sent by the police as part of a pre-investigation check.
The court and investigation may consider the expert’s conclusion questionable and not accept it, may call the medical expert who carried out the examination procedure for clarification, or may not accept it at all and order their own forensic medical examination.
It is important to choose an institution responsibly; it must be certified and have the necessary license, the qualifications of medical workers have been confirmed and are at a high level.
Some state bureaus of forensic examination (BME) also conduct medical examinations of citizens for the presence of physical injuries. The victim receives a medical examination report, which indicates the injuries and the date of the examination. The cost of a medical document is about 1000 rubles.
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Is it possible to apply for a medical examination in a few days?
It is possible to record beatings over time. But it is worth considering that for some days the concept is flexible and ambiguous for different people and for beatings of different nature and severity.
It is also worth noting that when considering the relevant case, the court may take with distrust the fact of late application to the relevant institutions.
This fact should not be neglected.
Traces of beatings may not be visible, the picture of their application and appearance will not be clear, which may negatively affect the search for the cause of physical and moral harm.
What to do when the beatings are not removed, time has passed and no traces are visible?
If for some objective or subjective reasons the injured party did not timely record the fact of the beating, then she should draw the attention of law enforcement agencies to the testimony of eyewitnesses and witnesses.
It is necessary to set out in detail all the circumstances of the incident.
What liability is provided for assault under the Criminal Code of the Russian Federation? And other nuances that will help you better understand the provided punishments:
- Classification of beatings.
- What is mild battery and what is the liability for it?
- What is moderate battery and responsibility for it.
