Police report fight
Nothing. The police will check the circumstances and most likely write a refusal to initiate criminal proceedings. If there are witnesses, you can include them. Remember: Article 51 of the Constitution of the Russian Federation 1. No one is obliged to testify against himself, his spouse and close relatives, whose circle is determined by federal law.
Hello, both of you are facing administrative liability under the charge of battery. Good luck and all the best
Tatyana, contact the police department and write a statement in any form. Sincerely. Look for witnesses to the fight; the investigator will request video from cameras if there were cameras there. If you were not beaten, there is no need to worry, it is better to prepare for a conversation with the police and remember everything down to the smallest detail how the fight took place. Where to file a police report if the offender is in another city? How to properly write a statement to the police for slandering neighbors.
In the evening there was a fight in the entrance of the neighbors on the floor above. And they wrote about me. The one who wrote is constantly getting to the bottom of us. Then we talk loudly.
Then we turn on the music, although we don’t turn it on on the floor above. But they are still on us. As soon as they settled in, they immediately started pestering us. Help me file a complaint against them correctly.
What threatens a minor from 11 to 14 years of age?
The Civil Code of Ukraine states that children of this age have incomplete legal capacity and are not responsible for harm caused to another minor.
If a child who is 11 years old, but has not yet reached the age of criminal responsibility, commits prohibited actions that constitute a crime, educational methods can be applied to him with the help of a judicial authority.
Such methods are:
- limiting options for spending free time;
- transfer to the supervision of responsible adults;
- placement of a child in a special educational institution.
If a child inflicts serious injuries on his peer before reaching the age of 14, only the parents can be held administratively liable in accordance with Art. 184 KUoAP.
The decision regarding parents is made solely by the court.
If you got into a fight and they filed a police report against you, what could happen?
Added after 3 minutes 58 seconds And what can shine for him? And he can have maximum light for 15 days. That is, administrative punishment and that’s it.
Hello, Maxim! If you did not cause any damage to your comrade, then during interrogation as part of the criminal case (if the case is initiated), describe the circumstances of the incident. In principle, you are not obliged to give evidence incriminating you.
The story is like this. I got into a fight with a guy, the guy was initially aggressive, he grabbed me by the breasts, but didn’t dare to hit me first. So we were separated several times. Then, in another fit of rage, he still hit me on the nose, not too much, but it hurt, for which he immediately hit me in the head. And he called the police, allegedly I was beating him.
I wrote a statement that I beat him and recorded the beatings: a concussion and minor abrasions. 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. 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.
What should parents of a teenager who is being beaten at school do?
First, you need to find out from the child all the nuances and details of the events that led to the beating. The reaction of teachers is also extremely important, because they must structure the educational process in such a way that classmates and other children do not conflict with each other.
- The first step is to submit an application to the director of the educational institution . This step also includes contacting the parent committee. The school administration must take measures to combat such offenses; for this purpose, a child psychologist is present in every school.
- The guardianship and trusteeship authorities also need to be notified . They deal with many issues, including monitoring the observance of the rights and interests of minor citizens.
- A report of beating submitted to the district education department should lead to the creation of a special commission that will not only conduct an investigation together with school representatives, but also check the teacher’s working methods. At the end of the process, the commission must provide a documented conclusion.
If a minor has been subjected to intentional violence , it is necessary to write a statement to law enforcement agencies. The National Police will establish all the circumstances of the crime and bring the culprit to justice in accordance with the law.
Kakha and Sergo argued with each other
Then I left there and he was taken away by ambulance.
He recorded the beatings and wrote a statement to the police. I found out about this today, October 26, 2014. What threatens me now?
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.
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.
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group; c) with the use of weapons or objects used as weapons -
Choice of punishment
There are articles for beating citizens, including minors, in the Code of Administrative Offenses of the Russian Federation and in the Criminal Code of the Russian Federation. Administrative punishment is imposed if the beating does not contain signs of a criminal offense. These include:
- hooligan urges;
- motive of hatred towards a particular race, nationality, religious or social group.
Note!
A crime is considered committed out of hooligan motives if harm is caused to a person intentionally without any reason.
The court will determine who provoked the conflict, what was the reason for the beating, whether the victim was the instigator, and whether he committed illegal actions. If the culprit of the fight is a minor, his offenders will not face punishment for beating minors under the article of the Criminal Code of the Russian Federation.
What to do if a report of assault has been filed against you
Also, beatings can be of varying degrees of severity, but only minor harm without consequences is not considered a criminal offense.
Recently, the country passed the so-called decriminalization of beatings. However, this only applies to those cases that are really quite minor. Serious torture of a wife, child, or beating of friends or enemies may still result in criminal liability.
The punishment will depend on the severity of the consequences faced by the victim. The worst case scenario is if you “beat someone to death or unconsciousness in the heat of anger or rage, and even did it intentionally. No amount of intoxication will be your excuse in this case .
A beating that did not end too badly for the victim (and it was limited to minor scratches, bruises, etc.) will allow a trial.
- Punish you with an administrative fine;
- Arrest you for 10-15 days to isolate you from the victim;
- Oblige you to perform work (60-120 forced hours).
However, if you do receive a chain letter in the mail, remember what exactly happened.
Sanction under the Code of Administrative Offenses of the Russian Federation
Article 6.1.1 provides for liability for beating a person, including a minor. It talks about punishment for beatings. The attacker faces a fine of 5 to 30 thousand rubles, arrest for up to 15 days or compulsory work for up to 120 hours.
Do you have any questions?
To get the most detailed advice on your issue, you just need to follow any of the suggested options:
- Request a consultation using the form
on our website - Or just call the number: 8 800 350-83-74
Report to the police after a fight
Law enforcement agencies are required to respond to every statement, but they do not always do so or with great delay. In this case, you just need to calmly wait without showing any initiative. If you are not bothered by calls and letters do not arrive in the mail even within a month, then most likely a decision was made to refuse to initiate a criminal case. Otherwise, you will be summoned for questioning and duly notified that a criminal case has been filed against you.
Article 115 of the Criminal Code of the Russian Federation deals with the intentional infliction of minor harm to health, which caused a short-term health disorder or a minor permanent loss of general ability to work.
Such actions may be punishable by a fine of up to 40,000 rubles; in addition, the article provides for other punishments, but most often a fine is provided for such acts.
Article 116 of the Criminal Code of the Russian Federation speaks of beatings or other violent actions that resulted in physical pain, but the consequences specified in Article 115 of the Criminal Code of the Russian Federation did not follow. It is worth noting that for these actions there is also a maximum fine of 40,000 rubles. Only the court has the right to qualify an act, that is, if in a criminal case a charge was brought under one article, this does not mean anything, since the court has the full right to re-qualify the actions of any person.
And if you have witnesses, then you should establish relationships with them and convince them to testify that you were provoked through insults and so on, and after that a fight occurred. What to do when a police report is filed against you? If everything is as stated in the question, that is, it was just a fight, then after investigating the criminal case and sending it to court, you may be prosecuted under one of two articles of the Criminal Code, namely under Art. 115 or Article 116. Step 3. Immediately report the incident to the police via “02” and call law enforcement officers. a fine in the amount of up to 120 thousand rubles or a fine in the amount of the defendant’s earnings for up to 1 year, or compulsory labor for up to 480 hours, or correctional labor for up to 2 years, or forced labor for up to 2 years, or arrest for up to 6 months, or imprisonment for up to 2 years .
Fight on the street: responsibility and consequences
Liability for battery varies widely, depending on both the severity of the injuries and the circumstances. A fight already implies the intentional nature of the damage. Accordingly, depending on the severity of the damage inflicted, the criminal code distinguishes:
- Light damage (Article 116 UKRF). The maximum criminal sanction for this crime is 2 years in prison.
- Medium damage (Article 112 UKRF). The maximum possible sanction is up to 5 years in prison.
- Serious damage (Article 111 UKRF). The maximum penalty is up to 15 years in prison.
Important:
In the first two cases, a pre-trial reconciliation procedure is available. Those. Depending on the situation, it is possible to resolve the conflict without criminal proceedings.
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What to do if you got into a fight and wrote a statement
04/28/2019 16:36 Was the lawyer's answer helpful? +0 -0 Chelyabinsk Hello, Alan, if you were walking around the city and you were provoked by a drunk citizen, which resulted in a fight, then you need to wait for the results of a medical examination of the victim.
It must contain a request to accept the case for proceedings. If you are writing an application by hand, the procedure may look like this: in the upper right corner, indicate to whom you are sending this application - position, name of the organization, full name of the official.
Elena 05/16/2019 at 11:34 Tell me, if a girl attacked me and I gave her a concussion and broke her nose, and there is a video and witnesses to our fight, what will happen to me for this? I have never had a criminal record and no conditions
For filing a false accusation, the law provides for the following penalties (according to Article 306 of the Criminal Code of the Russian Federation): This is the procedure. For my part, I can only say that the severity of the article of the Criminal Code of the charge depends on the final assessment of the damage to your health - the more serious the consequences, the more serious the article. Free legal assistance! Moscow +7 (812) 565-34-16 St. Petersburg
There was no hospitalization. I was on sick leave. So don’t sue until the initiation of a criminal case is refused, just be patient.
the state assumes full responsibility for initiating criminal prosecution and punishing the offender.
In no case should one “forgive or think that the criminals will not be punished anyway.
It's a delusion. You also don't know what health consequences the beating will have. Even if there are no visible traces of violent acts, health problems may appear after some time, then, if the victim has the appropriate certificates, the case will be reclassified under another article. The lawyer has the right to file a request to familiarize himself with the case materials in order to find out the full picture of the charges brought forward. After this, you need to consult with a lawyer and decide which behavior strategy to choose during the process. Now this young man is in the hospital, and his mother calls every day and demands money in the amount of 50 thousand rubles. The application is written personally by the victim or his legal representative.
You must go to the police and get examined.
The court acquitted the man who defended his family
In the Tver region, the court acquitted Alexander Zobenkov, who killed three uninvited guests. Four physically strong men burst into his house to beat him over a petty neighbor quarrel. Among the attackers were two people from the same mountainous region. All the guests had sticks in their hands. The violent visitors immediately attacked the women and children. The owner of the house stood up for the family. During the fight, three were killed, one ran away. Law enforcement officers did not make any claims against the escaped bandit, but they sent Alexander to trial. Fortunately, there was an acquittal.
Photo: vesti.ru
Important!
Experts from the Pravo.ru portal highlighted several key points in the approaches of the Russian Armed Forces. First, the initiation of violent action is much more significant than the threat of violence. That is, sometimes threats alone are not enough to use force in response. Second: the court pays close attention to the personality of the defender, the balance of forces and the weapons of each side.
Competently
What are the consequences if a police report is filed against you?
Line of conduct You are not required to testify against yourself either during the first call to the police or during the subsequent investigation. The lawyer has the right to file a request to familiarize himself with the case materials in order to find out the full picture of the charges brought forward. After this, you need to consult with a lawyer and decide which behavior strategy to choose during the process.
Confirmation of the fact of beating is a medical examination, which indicates the severity of bodily injuries. Such a certificate is issued by an expert, a health worker. If the case is brought to court and a verdict is passed against the perpetrators, the victim will be able to appeal to the district or city court with a claim for compensation for moral damage.
If there is an attack on a person and as a result the victim is beaten, he or his relatives (if the victim’s condition does not allow him to act independently) need to contact the police and write a statement about the beating.
At the police station on duty, you need to fill out a statement describing the circumstances of the incident. With the right approach, the duty officer can draw up a statement on his own, recording data from the victim’s words. Naturally, the course of action will depend on many factors: the guilt of the detainee, the evidence in the case, the severity of the crime. This article will focus specifically on the illegal charge of battery, the procedure and possible liability. Naturally, if you actually beat someone, you must first of all involve a lawyer in the case in order to develop a position regarding your defense and mitigation of the punishment. The course of action in the event of a wrongful accusation of battery depends on where the complaint was filed and whether the victim knows that it is false. However, this is almost impossible on your own, without the help of a lawyer.
This publication examines the issues of illegal battery charges, the procedure and responsibility. Hello dear experts. I ask for practical advice. The essence of the problem: “We were on holiday with friends in a club (three people). The time has come for the establishment to close.
We went to the exit, got jackets in the cloakroom, a conflict began over some little thing (someone looked at someone wrong or offended someone, in general it was a trivial issue).
- Really cause harm to a person - no matter how small, even if it is a scratch;
- Caused minor harm unintentionally and once;
- Do not cause any blows or harm - in this case, the statement against you cannot be valid, and the accusation is clearly fabricated;
- Receiving a beating yourself as a result of a mess may give you the right to file a counterclaim for them.
So, in order for injuries to a person to be recognized as beatings under Article 116 of the Criminal Code of the Russian Federation :
- All personal injury cases are unique and individual.
- Understanding the basics of the law is useful, but does not guarantee results.
- The possibility of a positive outcome depends on many factors.
Unlawful use of physical force can cause harm to health. In this case, it is possible to be held accountable for beatings, which occurs as a result of filing a statement with the court or the police. In the material presented, you can learn what to do if you are beaten, and how to correctly write a statement of prosecution. The application does not have a set form and therefore can be drawn up in free form , written by hand, electronically or orally, when the officer on duty at the police station writes down what the applicant said under dictation.
The statement of beatings is made exclusively in the name of the chief of police.
- The beating must be visible . According to Article 116 of the Criminal Code of the Russian Federation, abrasions, wounds, bruises, scratches, i.e. causing physical harm of mild severity, are considered battery;
- Intent has been proven . In order for a criminal case to be opened after filing an application, it is necessary to prove that the offender beat the victim intentionally, wanting it, and not accidentally, for example, by simply pushing her to the side;
- Repeated acts of violence of a certain nature , i.e. the rapist must hit the victim not once, but at least several times;
If the duty officer does not want to register him, find out his first and last name and explain that you are going to write a complaint about the inaction of a specific law enforcement officer. I was caught stealing, but they didn’t write a statement, what could happen for this? 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?
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.
What to do if they file a police report against you for assault
Police officers do not have any power to require a person to confess to a crime or confirm their involvement in illegal activities. According to the Code of Criminal Procedure, a suspect can make amendments to the protocol or make comments about violations of the interrogation procedure. You are not required to testify against yourself either during the first call to the police or during the subsequent investigation.
A person who unfairly accuses another person must understand this fact.
- After filing an application, police officers check the facts stated in the application and call the accused and witnesses for questioning. If the described facts are confirmed, a criminal case is opened, after which the criminal person is brought to justice;
How will the damage caused to his health be assessed? Well, as I understand it, there’s no point in offering them any money now? Today his mother told us that he will be in the hospital for a month, but at the moment the doctors have released him for the weekend as a lady. shall be punishable by correctional labor for a term of up to one year, or restriction of freedom for a term of up to one year, or forced labor for a term of up to one year, or imprisonment for the same term.
Tell me, what could my husband face if a criminal case is initiated? it all depends on how long the young man will stay in the hospital and how long he will be treated later.
Read other articles on the site:
- What happens if you give a traffic cop a bribe of 500 rubles?
- Suspension of civil proceedings in connection with a criminal case
- Crimes in the sphere of economic activity are misappropriation or embezzlement
- Personal rights and freedoms of suspected, accused and convicted persons
- Bringing officials to administrative and criminal liability
Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!
Who, where and when is responsible for beating a minor?
The responsibility for the health and behavior of the child will always rest with his parents or guardians . This applies to cases when the child is at home, on the street, in a store and other similar places.
Educational institutions relieve some of this responsibility from parents. While the child is in a kindergarten or school institution, educators, teachers and the administration of the institution will be responsible for him.
If a child attends an excursion outside of school hours , Order No. 1124 of 2014, approved by the Minister of Education, comes into force. The description clearly states that each excursion group must have a leader and deputies, who are responsible for the children.
In the case of beating a minor, the person who caused physical harm will suffer civil, administrative and even criminal punishment . This is required by the Child Protection Law.
The main international document protecting the rights of the child is the UN Convention on the Rights of Minors. In the Ukrainian state, this burden falls on the Constitution, Family and Civil Codes, as well as the Law preventing domestic violence.
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Street fight lasts moments
Maybe someone has had the experience of hour-long confrontations, but in my case the fights lasted a matter of moments. However, during this time, a lot happened at once, and it was instantly decided who had now won, and who had received their weighty ones and was modestly lying back in the bushes.
A powerful adrenaline wave hits
This is how the human body works: no matter how calm and collected you are, when you are suddenly scared or angry, adrenaline is always released into your body. And if it helped our ancestors to run away from a bear for a long time or beat a neighbor in a cave with a club, now the adrenaline rush has a lot of negative consequences.
The fight or conflict has passed in ten seconds, and you are being beaten for another twenty to thirty minutes. The feeling is somewhat reminiscent of excessive intoxication and passes just as slowly and unpleasantly.
Fights leave the most vivid memories, similar to frame-by-frame cutting
I don’t know whether our brains work this way or whether it’s a matter of personal characteristics, but all my fights are remembered at the same time in great detail and in fragments. Many paintings remain in the memory in the smallest detail, literally photographically imprinted on the mind. But between them, and especially immediately after the trial, there are gaping gaps. Whole chunks of dialogue and memories of how I later walked somewhere or sat on a bench, trying to come to my senses, disappear.
