What is the penalty for beating a person in Russia? To be honest, it is very difficult to answer here. After all, there are quite a lot of different situations. Sometimes you can avoid punishment in principle, but it is extremely difficult to do so. Almost impossible. Therefore, it is worth knowing what to prepare yourself for if you are going to give up. Or when you yourself become a victim of violence. What is the penalty for beating a person in this or that case?
Character
As already mentioned, the choice of punishment is greatly influenced by the whole picture of the situation as a whole. And therefore, every nuance will be taken into account here. The thing is that when beating a person, the reasons for the attack, as well as the age and condition of the participants in the event, are considered.
Of course, the nature of the beating also plays a role. And the main one. It is for the outcome of the battle that the citizen will be punished. Sometimes on all participants in the incident, and not just on the attacker. I wonder what the punishment is for beating a person? The Criminal Code of the Russian Federation provides for several articles that relate to this topic. And all the consequences are clearly stated in them.
Single beatings
After the beating, it is mandatory to conduct a medical examination and assess the extent of the damage caused. When it is almost absent or is of a mild nature (abrasions, scratches, bruises, etc.), not causing harm to health in general, such an event can be interpreted as a beating. But not a beating.
Here Article 116 of the Criminal Code of the Russian Federation comes into force. And the culprit of the event receives a fine. Its size varies, but the maximum is 40,000 rubles. Or the citizen is charged a payment in the form of any income for 3 months.
Mandatory correctional labor, as a rule, also takes place. What is the penalty for beating a person in the case we are considering (beating)? Work of any nature lasting no more than six months. Sometimes an arrest of up to 3 months is possible. But practice shows that beatings rarely lead to arrests for such a long period. What is the penalty for beating a person? Usually they get by with 15 days for educational purposes.
Hooliganism and ideology
True, situations, as already mentioned, are different. Therefore, Article 116 also provides for punishment for beatings caused as a result of hooliganism, as well as due to ideological and racial differences. However, a regular fine will not help here. Only imprisonment.
Punishment can be in the form of compulsory and correctional labor. In the first case, the period will be 300 hours, in the second - up to a year. There is also a restriction of freedom. And it is precisely in such cases that this measure comes into force. Duration: up to 2 years. Imprisonment is similar. Arrest for 6 months is another punishment applied for beating a person, interpreted as hooliganism or ideological (religious) proceedings.
Beatings related to theft
Often beatings occur simultaneously with thefts, which are also criminal offenses. They are committed for selfish purposes (to make money at the expense of another person). Agree, few people will be happy if I try to take away his bag. Therefore, some criminals are not afraid to beat the victim. In this case, the punishment for beatings becomes longer, since the crime becomes serious.
For example, if a criminal on the street snatches a bag from a passerby, simultaneously hitting him in the face or kicking him several times, then the sentence is immediately increased to 7 years in prison. He does not have to hope for a suspended sentence.
If, as a result of the criminal's actions, the victim received life-threatening injuries, the criminal could receive up to 15 years in prison. Such injuries are considered:
- Damage to internal organs;
- Loss of function of organs or senses (for example, loss of vision);
- A health disorder that requires long-term and expensive treatment;
- Injuries incompatible with life.
If the presence of additional qualifying characteristics is proven, the punishment may be 12 years in prison, in their absence - 8 years.
Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve the issue you have regarding Criminal Law, we advise you to seek the advice of a lawyer in support of the site.
Minor harm
Go ahead. Now it is worth paying attention to more serious cases. What is the penalty for beating a person? Article 115 of the Criminal Code of the Russian Federation provides penalties for causing minor harm to health. Again, not life-threatening.
It is interpreted as “intentional infliction of minor harm to health.” In principle, the degree of punishment here is somewhat similar to the previous options. All the same fines, correctional, compulsory and forced labor, as well as arrest.
Again, it all depends on the overall situation. What is the penalty for beating a person causing minor harm to health? You can pay a fine of up to 100,000 rubles or “lose” your income for three months. And 480 hours of compulsory labor or correctional work for a year is quite common. An arrest, as already mentioned, also takes place. The period is up to 4 months. But such a measure does not occur too often. Usually everything is resolved through the payment of fines, as well as any type of work on the part of the culprit.
What is meant by beating
Beating a person involves deliberately inflicting multiple blows on his body or performing other physical actions that cause bodily pain and (or) harm to health of any severity to the beaten person. Blows can be inflicted with hands or some objects.
Other violent acts include:
- scratching;
- twisting of arms;
- squeezing of arms and legs;
- hair pulling;
- pinching, etc.
Beating is always a deliberate act.
How much do they give for a murder committed in the heat of passion? The answer is in our article.
Race
What is the punishment for beating a person, causing minor harm to health, but the reasons for which were hooliganism or national/religious hatred? Everything here is much more serious than it might seem at first glance. By the way, this clause is provided for in many articles of the Criminal Code. Causing harm to a citizen is one thing. But to do the same thing, but because of some differences, is completely different. This also includes the use of objects disguised as weapons.
Therefore, there is no fine for causing minor harm to health in these situations. You can't get off that easy. Typically, this kind of action is punishable by compulsory labor for up to 360 hours (correctional - up to a year, forced - up to 2 years) or restriction of freedom for a maximum of 24 months. If a decision has been made to arrest, please note: it cannot exceed six months. But they can be imprisoned for a maximum of 2 years.
The most common cases of violence and responsibility for them
Crimes against the person arise on the basis of hostile relationships not only between strangers.
Often close people, relatives or lovers become opponents, which in itself is wild and should not happen.
However, a person without proper training is poorly able to control emotions and such cases are not uncommon.
A guy beat a girl: consequences
The punishment is directly proportional to the severity of the harm caused. The degree of severity is determined by a forensic medical examination.
If slight harm to health is caused, i.e. – who caused a short-term health disorder or persistent, minor loss of ability to work, for the crime the court, guided by Article 115 of the Criminal Code of the Russian Federation, may assign:
- Fine up to 40 thousand rubles;
- A fine in the amount of salary or other income for a three-month period;
- Mandatory work up to 480 hours;
- Correctional labor for up to 1 year;
- Arrest for up to 4 months.
If at the time of the attack a weapon or objects used as such were used, the punishment may be in the form of:
- Compulsory work for up to 360 hours;
- Correctional labor for up to 1 year;
- Forced labor for up to 2 years;
- Restrictions of freedom for up to 2 years;
- Arrest for a period of 6 months;
- Imprisonment for up to 2 years.
When harm to health is of moderate severity (long-term health disorder, significant permanent loss of ability to work by less than a third), the act is subject to qualification under Article 112 of the Criminal Code of the Russian Federation and is punished more seriously.
It is important that the beating does not result in the consequences specified in Article 111 of the Criminal Code of the Russian Federation (serious harm to health).
What does a guy face for beating a girl in this case:
- Restriction of freedom up to 3 years;
- Forced labor for up to 3 years;
- Arrest up to 6 days;
- Imprisonment for up to 3 years.
The consequences of causing serious harm to health are described above (Article 111 of the Criminal Code of the Russian Federation).
Wife beating by husband: consequences
What does a husband face for beating his wife, according to the law? Batterings inflicted once on close relatives are classified as administrative offenses. Battery is the infliction of physical pain in the absence of the consequences specified in Article 115 of the Criminal Code of the Russian Federation (minor harm).
If harm to health is established, the act is qualified by Articles 111, 112,115 of the Criminal Code of the Russian Federation.
If violent actions are repeated systematically, the act is qualified under Article 117 of the Criminal Code of the Russian Federation (torture), which provides for punishment in the form of restriction of freedom for up to 3 years, forced labor or imprisonment for the same period.
Repeated beating by a person previously brought to administrative responsibility under this article is punishable by:
- A fine of up to 40 thousand rubles, or a fine in the amount of wages for a three-month period
- Correctional labor for up to six months;
- Compulsory work for up to 240 hours;
- Arrest for up to 3 months.
Beating of minors
The minor age of the victim is an aggravating circumstance.
There is no separate article in the criminal code, only the article of the Criminal Code for beating minors “Torture” contains information about punishment in the form of imprisonment for a term of 3 to 7 years (both physical and psychological influence are taken into account).
The preventive measure is selected depending on the severity of the consequences - according to the articles described above.
If a minor is beaten by a person entrusted with the responsibility for his care, education, provision of social and medical services, this is also considered an aggravating circumstance.
Punishment under articles depends on many factors. Among them are the age of the victim, the position and status of the people, the characteristics of the person who committed the crime (if we have been previously convicted, the consequences will be sadder), the nature of the act (use of weapons, enmity, hatred, public place) and much more.
We strongly recommend that you be more restrained, learn to control your emotions, move away from the source of irritation in case of provocation, etc.
Even if you exceed self-defense, you can become criminally prosecuted and ruin your life and reputation.
Medium severity
What is the penalty for beating a person while drunk? Or in general, in any case, but taking into account the fact that moderate damage was caused? Here everything is much more serious than in all previous cases. The fine is already losing its relevance. But there remain different types of work, as well as arrest. Quite a worthy punishment for the beatings committed.
For moderate damage, arrest may be applied. Its duration, as in most cases, is 6 months. Imprisonment (restriction) and forced labor in this situation are usually assigned individually, but for no more than 3 years. Please note that appearing drunk is only an aggravating circumstance. And then you can be punished even more seriously. In addition, as practice shows, the culprit will be detained by law enforcement agencies for 15 days.
By the way, for causing moderate harm to health (intentional) they can also be imprisoned for 5 years. This measure is applied in case of hooliganism, manifestations of nationalism, racism, abuse of official position, as well as beatings against several persons or by conspiracy by a group of persons. If a weapon or items replacing it were involved in the incident, the person is also subject to imprisonment for 5 years. Such measures are provided for in the Criminal Code (Article 112).
What is the punishment for beating a person?
Depending on the motives of the perpetrator and the seriousness of the consequences for a person’s health, beating is classified as a crime or administrative offense.
If the beaten person experienced only bodily pain and no damage was caused to health, the qualification of the perpetrator’s action depends on his motive.
It is considered that a person has committed a crime (Article 116 of the Criminal Code of the Russian Federation) when he acted:
- for hooligan reasons;
- out of dislike or hostility towards representatives of a certain religious denomination, social group, race, etc.
If, when inflicting beatings, the attacker was guided by other motives (for example, personal hostility), his act is recognized as an administrative offense (Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation).
But, if held accountable under Art. 6.1.1. If a person commits a similar offense in the next 12 months of the Code of Administrative Offenses of the Russian Federation, he (regardless of the motive) is subject to criminal punishment under Art. 116.1 of the Criminal Code of the Russian Federation.
When the bodily injuries caused harm to a person’s health, the actions of the offender, taking into account the severity of this harm, are recognized as crimes under Articles 115, 112 and 111 of the Criminal Code of the Russian Federation.
Art. 6.1.1 of the Code of Administrative Offenses of the Russian Federation establishes the following types of punishment:
- money penalty;
- arrest;
- compulsory work.
When passing a sentence under Articles 116, 115, 112 and 111 of the Criminal Code of the Russian Federation, the court has the right to assign to the perpetrator:
- fine;
- compulsory, corrective or forced labor;
- arrest, restriction or imprisonment.
Beating a minor child
The punishment for causing bodily pain and injury to a minor depends on whether the offender has an obligation to raise or supervise him. If there are such obligations, the court will take this fact into account as an aggravating circumstance (Clause P, Part 1, Article 63 of the Criminal Code of the Russian Federation).
In addition to criminal punishment, other measures may be applied to parents who beat a child. For example, restriction or deprivation of parental rights.
If a child is beaten by a stranger, the punishment of the offender will be affected by the age of the child. According to clause 3, part 1, art. 63 of the Criminal Code of the Russian Federation, committing a crime against a minor (child under 14 years of age) is an aggravating circumstance.
Spouse beating
Domestic violence and the protection of women’s rights in the family is a long-standing problem that is vigorously discussed by legislators. But, despite the state’s attention to the issue of protecting victims of domestic violence, in the case of assault, both in administrative and criminal law, the presence of spouse status for the victim and the offender does not in any way affect the qualification of the latter’s actions.
It all depends on the severity of the injuries inflicted and the motive of the offender. If violence is used against a spouse on an ongoing basis, but does not cause serious or moderate harm to health, there are grounds to talk about torture - criminal behavior provided for in Art. 117 of the Criminal Code of the Russian Federation.
Group beating
In the case where several people took part in the beating, each of them will be responsible for the harm caused to the victim specifically by him. Although, within the framework of the preliminary investigation, it is not always possible to accurately distinguish between the actions of the beatings. In any case, participation in the beating among a group of people is taken into account by the court as an aggravating circumstance (Clause B, Part 1, Article 63 of the Criminal Code of the Russian Federation).
Beating police officers or government officials
Beating a government official or a police officer is a crime that violates public safety. Responsibility for it is established by Article 318 of the Criminal Code of the Russian Federation. It depends on the harm caused to the health of the victim - the law provides for both a fine of up to 200,000 rubles and imprisonment for up to 10 years (when the danger threatened the life of a representative of government agencies).
Beating a pregnant woman
The pregnancy of the beaten woman (if the offender knows this fact) is an aggravating circumstance (clause 3, part 1, article 63 of the Criminal Code of the Russian Federation).
When a child dies due to injuries received by a pregnant woman, the actions of the criminal are regarded as causing grievous harm to the woman’s health.
What are the statutes of limitations for criminal prosecution? Information can be found here.
Serious harm
What is the penalty for seriously beating a person? Here, perhaps, any circumstances in the form of racism, drunkenness, and so on will be considered aggravating. In this case, it is worth turning to Article 111 of the Criminal Code of the Russian Federation. This is where all the punishments that apply in such a situation are spelled out.
As a rule, for particularly severe damage you can be jailed for 15 years. Only this measure is rarely used. Usually when beating a person is followed by death. Or a dying state. But most often such acts are punishable by imprisonment for 8 years.
If there were any motives (the same hooliganism, racial differences, and so on), you can count on a similar punishment, the period of which will increase by 2 years. In addition, they may also add restriction of freedom. For a maximum of 24 months. As you can see, everything is quite serious. It doesn’t matter when exactly the fight happened - during working hours or not. The fact remains that when grievous harm is caused to a health condition, any type of restriction of the freedom of the culprit is mandatory.
Groups
What is the penalty for beating a person by a group of people? Or when serious harm was caused to several people by the same citizen? Here you also need to refer to Article 111 of the Criminal Code of the Russian Federation.
Why? Its third part provides for punishment precisely for these actions. The perpetrators will be imprisoned for 12 years and restricted for 2 years. You can do without the last point, and this practice occurs often. It is enough to simply “imprison” the culprit.
As you can see, everything is very serious. But the articles and punishments don’t end there. What if a fight happened at work? Or if violence is used against minor children? All this also needs to be taken into account. After all, it is often children who become victims of harsh treatment by adults and suffer some kind of beatings. Let's consider both options.
What responsibilities are provided?
If the offender is convicted under Article 116 of the Criminal Code, then the sanctions that may be provided include the following:
- work up to three hundred and sixty hours, if they are compulsory, or for one year - in the case of a correctional form;
- can be imprisoned for up to two years;
- to arrest – up to six months.
The penalties for a crime causing minor bodily injury are similar to those for battery. But this only applies to cases where there are no aggravating circumstances.
Difficult relationships in the family can also cause beatings, especially when the head of the family is often drunk. This is considered a rather acute problem in many countries. This includes Ukraine, Kazakhstan, and Belarus. Russia is no exception in this case. But in our country, since 2016, offenses committed in the family are not considered crimes when moderate or severe harm was not caused to health, and the injured party escaped with only minor injuries. In this case, the culprit will face an administrative fine. The reason for this was that often, for example, a previously beaten wife later made a request to free her husband.
If the investigation shows that the beatings were inflicted regularly, and serious harm was caused to health, then the culprit will not get off with just an administrative punishment. The difference in how to punish the offender is huge. The most severe penalty for beating is imprisonment, the term of which is up to 15 years, according to Article 111 of the Criminal Code. But if a person could have been beaten so much that moderate bodily harm was caused to his health, then if the parties are reconciled, the case can still be dismissed in court. Otherwise, the culprit will be punished in accordance with Article 112 of the Criminal Code. The maximum period for which a person can stay in prison is 5 years.
Job
What is the penalty for beating someone in the workplace? First, it is worth determining the nature and motive of the damage caused. And be guided in certain cases by the relevant articles of the Criminal Code of the Russian Federation.
Plus, as a rule, the employee pays a fine to the employer, followed by dismissal “under the article”. It will not be possible to leave on your own in such a situation.
If the employee turns out to be a victim, then he will not receive any punishment (in the absence of provocation). Only appropriate payments due as sick leave and compensation. And nothing more. If an employee provokes someone, the entire situation will be considered. Practice shows that in this case, most often the court takes the side of the one who was provoked.
Criminal Code of the Russian Federation on liability for beating people
Beating people is a direct violation of fundamental human rights (to safety and integrity) established by the Constitution of the Russian Federation. Accordingly, penalties from the Criminal Code of the Russian Federation will be applied for committing this crime.
To determine the punishment and corpus delicti, the following circumstances will need to be analyzed:
- Personality characteristics and legal status of the criminal. For example, if an official, a law enforcement officer or a military serviceman is held accountable for beating a person, the punishment may be toughened or supplemented by a ban on holding certain positions.
- Legal status of the victim. Beatings and causing harm to the health of minor children and adolescents and pregnant women are punished especially severely.
- Additional circumstances under which the crime was committed;
- Consequences that occurred as a result of causing harm to health through beating a person.
Therefore, beatings, as a crime, can be classified in different ways, and therefore the sentence has a fairly wide scope. In order for the court to make the right decision, it is necessary to establish all the factors of the commission of the crime at the investigation stage.
Please note that the main circumstance that influences the choice of punishment and classification of the crime is the severity of the harm caused during the beating.
Only competent specialists can determine the severity of the harm caused and the severity of the consequences (for example, loss of ability to work) after the appointment of a forensic medical examination. A referral for a forensic medical examination is issued immediately upon initiation of a criminal case of beatings upon application from the injured party.
Most often, beatings are committed in a domestic environment and through street hooliganism, but often a law enforcement officer or security officer who has exceeded his authority, a military serviceman, etc. can be charged for beating.
If there is no harm to health resulting from the beating, then the injured party will defend its interests in court as a private individual. However, responsibility for beating is also determined by the Criminal Code of the Russian Federation.
Children
What is the penalty for beating a person in the Republic of Belarus (and the Russian Federation too)? Special punishments are provided when children become victims of violence. Their age, of course, also plays a pretty big role. When beating minor teenage children, as a rule, you can get off with a fine or any other form of punishment provided for in Articles 111-117 of the Criminal Code of the Russian Federation, depending on the nature of the beating and the damage to health. By the way, this rule applies to children over 14 years old.
What about minors, i.e. children under 14 years of age? Fines are inappropriate here. But criminal liability in the form of imprisonment is quite commonplace. In case of torture, they should be imprisoned for a maximum of 7 years, in case of moderate beatings - 5 years, and in case of severe beatings - 10 years.
In addition, legal proceedings will follow with the possibility of deprivation of parental rights. And capacity in general. It is worth noting that any violation of the rights of a child and a threat to his safety in the Russian Federation is punished quite seriously. Therefore, you should think several times before raising your hand to a person, especially a baby. There is no way to avoid punishment. Even if you think that the child provoked you, this is not a reason to use violence against him.
Corpus delicti
Beating is regarded as a criminal act if the following elements of the crime are present:
- The object is the personal (including bodily) integrity of a person, his health.
- The objective side is the physical actions of the offender, which resulted in bodily pain and (or) harm to the health of the victim.
- The subject is a sane person who has reached the age established by law. For articles 116 and 115 of the Criminal Code of the Russian Federation, this age is 16 years. For articles 112, 111 of the Criminal Code of the Russian Federation – 14 years.
- The subjective side is direct or indirect intent. In the first case, the criminal is aware of the consequences of his actions and strives for their occurrence. In the second, he is aware of the possibility of negative consequences, but treats them indifferently or allows them to occur.
Results
Now it is clear what punishment faces for beating a person in this or that case. But, as has already been said many times, a lot depends on the situation as a whole. Most often, such actions are subject to a fine; in addition, the culprit may be imprisoned (arrested) for a certain period.
Thus, “giving up” in Russia is punished quite seriously. It is almost impossible to remain unpunished. Only if you can prove that:
- you were deliberately provoked;
- you defended yourself;
- protected family, loved ones and other citizens.
The issue of beating itself is very difficult. The full decision on punishment is made by the court. In any case, it should be remembered that the person guilty of the crime may either receive a huge fine or be deprived of his freedom.
