Controversial issues are often resolved using force. The victim must know that he has become a victim of a crime. And the degree of damage to the body does not really matter. Indeed, in the Criminal Code (CC) of the Russian Federation there is an article for light battery. That is, a fighter can be punished in any situation. And the degree of damage only affects the application of a particular provision of legislation.
Let's figure out under what circumstances it is worth involving law enforcement officers in punishing the offender. How to prove average or other battery. Where and when should you apply? What threatens the criminal?
What injuries are considered beatings?
When classifying criminal acts related to harm to human health, the testimony of doctors is used. Only a specialist has the right to record and determine the harm caused to the victim. In doing so, he focuses on the following factors:
- external traces of force;
- results of visual inspection and additional studies;
- patient complaints.
Attention: beating is a deliberate force applied to a person, causing pain to the latter. In this case, the presence or absence of visual traces does not matter. Hint: Battery by a loved one or family member is also a criminal act.
Differences between bodily harm and battery
The use of force against a person is divided in the paragraphs of the Criminal Code according to the degree of consequences. Thus, beatings are described as a series of blows or other actions that do not lead to disruption of body functions and loss of ability to work . Moreover, this particular crime is qualified according to the following criteria:
- the object of the criminal act is human health;
- the objective side is repeated exposure;
- subjective - intentionality, the presence of intent.
Light harm objectively leads to a slight loss of ability to work and a slight disorder of body functions. Thus, to classify an act into one group or another, a medical opinion is required. The specialist identifies the extent of the damage and its impact on the victim’s ability to work.
Hint: beatings include more than just blows. These also include pinching, squeezing, hair pulling, and more.
What are the types of beatings (classification)
The criterion by which the responsibility of the offender is determined is the severity of the harm caused to the victim. The paragraphs of the Criminal Code highlight the following degrees of damage to health:
| Damage | Article of the Criminal Code | Explanations |
| Beatings | 116, 116.1 | Exposure does not lead to loss of ability to work |
| Light damage | 115 | Disorder of body functions, minor loss of ability to work |
| Moderate | 112 | Long-term disorder of body functions, but not life-threatening |
| Severe | 111 , 118 | The consequences are life-threatening for the victim |
Hint: the law provides for penalties for both intentional self-harm and those committed through negligence.
The difference is the intent of the criminal. Download for viewing and printing: Article 116 of the Criminal Code of the Russian Federation
Article 116.1 of the Criminal Code of the Russian Federation
Article 115 of the Criminal Code of the Russian Federation
Article 112 of the Criminal Code of the Russian Federation
Article 111 of the Criminal Code of the Russian Federation
Article 118 of the Criminal Code of the Russian Federation
Legislation on punishment for fighting
Punishment for blows and other forceful actions is provided for in two codes:
- criminal;
- on administrative offenses (CAO).
The choice of norm depends entirely on the harm caused to the victim’s body and the situation. Thus, Article 6.1.1 of the Code of Administrative Offenses applies in the following cases:
- if pain is caused;
- the incident of force was isolated and occurred for the first time;
- there were no hooligan motives;
- it did not cause serious impairment of body functions;
- no other crime was classified under the articles of the Criminal Code.
For example, an elderly woman contacted the police. Her brother-in-law hit her while he was intoxicated. The blow did not cause serious damage. There wasn't even a bruise left. The pain was caused more likely by resentment towards a relative. As a result of investigative measures, it turned out that the family lives peacefully. An aggressive impulse is an exception to the general rules. The man was punished under the Code of Administrative Offences.
Attention: fights with relatives committed for the first time fall under the Code of Administrative Offenses. If fights are of a regular nature, then the corresponding degrees of damage to the article of the Criminal Code are applied. Download for viewing and printing:
Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation
Certain aspects of the crime
When forming a refusal material or a criminal case, the operational worker must pay attention to the following components of the crime:
- Reasons, reason and motivation.
- Psychological climate in the family.
- Personality characteristics of the persons involved in the case.
- Conducting a thorough survey of all event participants.
- Assessing the severity of physical harm caused.
When considering an appeal, it is important to pay attention to such a point as the presence of threats of physical violence and the infliction of such harm before the events or earlier. The latter makes it possible to find out whether the child has been subjected to psychological violence in the family. It is noteworthy that in the legal aspect, physical and psychological harm are considered as independent acts.
The legal norm does not provide for a line between education and beatings. Any violation of physical integrity may be regarded as battery. In many ways, this is the main reason for most latent crimes, which children, due to fear of their parents, prefer to keep silent about, and parents, in fits of rage and anger, increasingly resort to corporal punishment, which the law may well consider as torture.
It is noteworthy that systematic beatings by relatives can become the basis for the application of Article 156 of the Criminal Code of the Russian Federation, when such acts are systemic in nature. And such a parent was repeatedly charged with Articles 115-117 of the Criminal Code of the Russian Federation.
Punishment for fighting
When investigating a crime, the following circumstances are revealed that influence the classification of the act:
- intentions of the criminal element (whether there was intent);
- damage characteristics;
- the circumstances of the action;
- identity of the victim: degree of relationship with the perpetrator (if any);
- age.
Important! Aggravating circumstances include the following motivations to cause damage to the body:
- hooligan;
- ethnic strife.
Kokorin and Mamaev beat a man on the street and in a cafe
Kokorin and Mamaev beat a man first on the street, and then they decided not to stop and beat up a poor man in a cafe. According to them, the man insulted Denis on ethnic grounds, Alexander could not stand it, took a chair and began beating him. He hit the man on the head, the guards did not react to their actions. There were no explanations regarding the behavior of the establishment’s security, nor, in principle, from the players themselves. They don't consider themselves to blame. The footballers explain their behavior by saying that they had a very busy training schedule and that they were very tired and exhausted at that time.
As we learned later, the fight in the cafe was not the only one; before that, Kokorin and Mamaev had fought on the street. The football players left the club and attacked the driver of Channel One presenter Olga Ushakova, brutally beating him in the process. This fight was caught on camera; the driver is in the hospital with numerous injuries.
Should law enforcement be involved?
Light blows are often left unprosecuted by the victim. This is quite dangerous behavior. After all, the bully will continue his illegal actions. Leaving him without punishment:
- provokes further fights;
- puts other citizens at risk.
Therefore, it is advisable to contact law enforcement. The bully must be stopped before he causes more serious harm to society. Although the solution to this issue falls entirely on the victim. He should know that punishing a criminal involves some time costs. Have to:
- record damage to health;
- write a statement to the police about beatings;
- take part: in investigative activities;
- at the court hearing.
Hint: if you are attacked by a stranger, it is advisable to immediately take contact information from witnesses to the incident. This will greatly facilitate further work on bringing the bully to justice.
What to do as a victim of a fight
Immediately after the incident, it is necessary to make a decision on further actions. There can be two of these:
- leave the bully without retribution;
- complain to law enforcement.
Hint: Even mild use of physical force is a criminal act.
It is not advisable to leave him without prosecution by the law. The algorithm of actions is as follows:
- record: witnesses, if possible;
- the scene of the incident;
- law enforcement agencies;
The order of events can be any. The victim must proceed from what is primary in a particular situation. For example, if a fight occurred on the street with an unfamiliar person, then first of all you should take care of collecting data from witnesses to the situation. If the beating happened at home or an acquaintance fought, then you can go (in any order):
- to the police;
- in hospital.
How doctors record beatings
The victim should come to the emergency room and explain the reason for the visit. The patient will be required to provide personal information. They are recorded by the service. The doctor on duty will perform a visual examination of the skin and determine the extent of damage. In addition, the doctor’s responsibilities include:
- conducting a survey;
- measurement of pressure and other indicators.
All data is carefully recorded. The patient's request and its reason are entered into the journal. The results of the examination and the measures taken (treatment of bruises and scratches, use of medications, etc.) are also recorded there.
Important: doctors are required to notify the police that a victim has contacted them.
Thus, the order of visiting services can be any. Doctors will immediately notify the police if a patient arrives with beatings. And if the procedure is different, the police will send the person to the hospital for examination.
Hint: the doctor performs examinations and other manipulations completely free of charge. Lack of insurance does not result in being charged for the inspection.
How to write a statement to the police
The appeal is written on a blank sheet of paper. It should be compiled in the duty station. The algorithm for interaction with law enforcement officers is as follows:
- The victim should come to the department and tell the officer on duty that a crime has occurred.
- The police officer will provide the applicant with the conditions for drawing up an appeal (will give him a pen and paper).
- The application is written according to the general rules of office work. The document has several sections: The header contains the following information: name of the department (the person on duty will tell you);
- Name and position of the boss;
- personal data of the applicant in the format: full name;
- place and date of birth;
- registration and residence address (if they are different);
- place of employment;
- contact number.
- who beat;
Important: the duty officer is required to issue a certificate stating that he accepted the application.
Download for viewing and printing: Sample application for criminal prosecution for battery
Where to contact
If we are talking about domestic violence and someone knows for sure that a child is being beaten and humiliated in every possible way, then, of course, it is necessary to report it to the police. Anyone can do this, but do not forget that such a statement requires serious reasons. And that there is Article 306 of the Criminal Code of the Russian Federation, which provides for liability for knowingly false denunciation.
In a situation where there is a real threat to the life or health of a child, it is simply necessary to report to the police.
Quite a difficult situation with school fights. In most cases, if we are talking about an isolated skirmish in which neither side was seriously injured, then it is enough to confine ourselves to the school administration. Fighters are registered at school and their behavior is monitored. A school psychologist also works with children, explaining that just one blow can ruin a life, and a teenager can be sent to prison
Contacting the police in this case is not always reasonable, since a more detailed analysis of what happened often shows that the victim himself provoked the fight and is no less to blame than the offender. For most crimes related to battery and bodily harm, liability begins at the age of 16 . This rule also applies in Belarus and Ukraine.
But if there is regular beating of a child, which is associated with injuries, then it is necessary to contact the police. If the student is under 16 years old, then no criminal case will be initiated, but the case will be transferred to the commission on juvenile affairs. The staff of this institution monitor their charges very closely, and in case of repeated cases, the teenager will be sent to a special educational institution. This is enshrined in Art. 87 of the Criminal Code of the Russian Federation.
In any case, when a child is beaten, it is necessary to record the beatings in order to have evidence to initiate a case.
Hooligan actions aimed at government officials
If a fight starts with government officials, including police officers, then the punishment is much more severe. Such acts are considered within the first part of paragraph 318 of the Criminal Code. Moreover, the punishment is imposed on the hooligan:
- if he raised his hand against an official (policeman) or his relatives;
- the motive was related to the performance of official duties by the injured person.
When qualifying an act under Article 318, the following sanctions are required:
- penalties in the amount of: up to 200 thousand rubles;
- income for a period of up to 18 months;
For information: in case of more severe damage to the victim, only imprisonment is applied.
Download for viewing and printing: Article 318 of the Criminal Code of the Russian Federation
Prosecution
The violator will be held administratively liable if the following circumstances are identified:
- the violator deliberately violated public order, intimidated people who happened to be nearby, and committed other hooligan offenses;
- the victim faced unpleasant consequences in the form of injuries, illness;
- in what happened there were several perpetrators and several who suffered from their beatings.
If the consequences for the health of the beaten person are light damage , then the offender faces liability under Art. 115 of the Criminal Code of the Russian Federation. Depending on the aggravating nuances, a person will be deprived of liberty for a period of up to 2 years.
If the victim faces moderate damage to health , then the norms of Part 2 of Art. 112 of the Criminal Code of the Russian Federation: corrective, forced or compulsory labor lasting up to 36 months.
If hooligan intentions and signs of qualification under Art. 213 of the Criminal Code of the Russian Federation , then the person risks going to prison for a term of 5 to 7 years.
If the victim causes serious harm to the health of the victim, the perpetrator may face imprisonment for 8 years. If the authorized bodies combine several articles, the duration of imprisonment increases to 10 years.
Info
Finally, those responsible for fights in which the victim died as a result of severe injuries risk receiving up to 15 years in prison.
Beating a minor
If a child is injured, then the same methods of influencing the fighter are used. These are described in Articles 116 and 116.1 of the Criminal Code. It is important to pay attention to the study of the patient’s health. After all, harm to a minor can be greater than to an adult. This is due to two factors:
- differences in the physical development of the bully and the victim;
- exercising psychological pressure on the latter.
Hint: parents should pay special attention to the health, including psychological, of the injured child. In case of any violations, you need to contact a doctor and get the appropriate certificate.
Exceptions to the rules.
There are exceptions when the right to necessary defense arises in such cases.
Firstly, in cases where one of the parties has stopped the fight, but the other party, seeing and realizing that the use of violence on the other side has stopped, continues to cause violence.
Secondly, the right to necessary defense may arise when one of the parties to a fight resorts to the use of measures or instruments that can cause more serious harm than was intended when the parties entered into a mutual fight.
The need to establish
has remained controversial for many years
The purpose of this measure and its discussion is a real problem for the government of any country.
The fact is that until a certain age a person does not fully realize what he is doing.
He commits a criminal act and only then realizes that he will have to answer for it.
On the other hand, ignorance of the laws and lack of life experience should not exempt you from responsibility . If the offender is not punished, even if he is very young, he will never understand that he has committed an illegal act.
Crimes are quite common during adolescence Psychologists explain this by saying that a person is trying to assert himself, to show that he is capable of much.
However, law enforcement officials believe that even in this case, punishment should follow.
In many states, responsibility begins at the age of 16-18, but this does not mean that younger people never commit illegal acts. By setting the minimum age at 13-14 years, the state will immediately increase the number of criminals .
By correctly establishing the minimum age of criminal responsibility, the state will correctly determine the punishment for citizens of all ages.
Roosters in prison - who are they?
Those excluded from prison life are a caste of untouchables.
How do people living in prison live? They live separately from full members of the prison community: under the bed (“under the bunk”), near the toilet.
In large camps, separate barracks are allocated for them, which are called cockerels.
Those who are omitted use individual household items.
Life for those in prison is very difficult. Roosters do the dirtiest types of work.
There are several theories about the origin of this caste.
According to the most common version, those released were separated into a separate prison stratum after the 1961 reform.
She divided the camps according to the severity of the detention regime: seasoned prisoners, repeat offenders began to live separately from the original prisoners (you can find out what types of prisons exist in Russia today and what regimes there are there).
The pioneers are, as a rule, young people striving for competition in all spheres of life; they did not know the principles of prison and, in the absence of supervision by more experienced prisoners, their life became more and more wild over time.
This has led to the fact that punishment by rape, which before the reform was an extreme measure used in isolated cases, has become widespread (read about types of violence in prisons here).
Any prisoner can become omitted.
But some categories of people are assigned to this caste automatically or with a high probability.
These include:
- People who practiced homosexual relations in the wild.
- Prisoners who were sent to prison for raping minors.
- People whose relatives work in law enforcement agencies.
Automatic lowering is becoming less and less common in prisons. The attitude towards people imprisoned under “rooster” charges will not be good, but sexual violence will not be shown towards them.
Why is it called a rooster in prisons? There is no exact answer to this question. Probably, this name comes from the verb “cock”, which denoted the process of rape.
Why do you need the help of a lawyer?
The most important thing in a case under Article 116 of the Criminal Code of the Russian Federation “Beatings” is not to get a criminal record, which greatly complicates life. If you leave everything to chance, you will have a criminal record. Yes, there will be a fine too. But a fine, by and large, is nonsense, but a criminal record is a bad thing.
The participation of an experienced criminal lawyer is necessary to immediately show the investigator that you do not intend to give up without a fight. And also to convince the victim to withdraw the statement. After all, there are very principled people who do not want to go to peace out of revenge. These require your own approach.
So, you need the help of a lawyer to:
- support you during interrogations. You never know, what if the investigator decides to pin an unsolved case on you? The probability is small, of course, but when dealing with this system, it is better to be on your guard;
- interview and bring to court witnesses who will be on your side. Maybe it will be possible to convince the court that there were no beatings at all, and you were only defending yourself?;
- and generally protect your rights during the investigation, because law enforcement officials do not hesitate to violate these rights.
FSB and customs officers may also take part in the provocation
The Federal Drug Control Service is the most knowledgeable on this issue. They have access to most drugs, since their duties involve intersecting with drug addicts and drug dealers. At the time of the search, as a rule, there are no witnesses. That is why drugs seized during a search can be used in fraud with provocation. Provocative actions on the part of employees are most often carried out to report on the fight against drug traffickers. The provocation itself uses common narcotic substances. As mentioned earlier, if you can get caught with heroin with 0.5 grams, then with hashish you can be punished with 2 grams. In two thousand and six, the Government of the Russian Federation published a list of narcotic substances and their criminal value, which entails criminal liability.
You need to understand! The victim of such a “drug scam” also has something to do with the choice of drugs planted. If a person is found using weed, they will plant marijuana on him. If this is a young girl or a boy, then it could be ecstasy.
Experience helps employees make the “cast” so unnoticeably that a person cannot understand when it happened. Resourcefulness, resourcefulness, and the ability to control one’s own hands help to carry out such actions during a personal search.
Of course, it is not easy for criminal investigation officers to find narcotic substances for such an illegal operation. However, if they have the necessary connections, then it is much easier to do this.
Foot patrolmen rarely decide to make such setups. However, if they are accompanied by a member of the task force, you can expect anything. Together, it is much easier for them to fool the unsuspecting victim.
It is much easier for traffic cops to carry out such an operation themselves. The main thing is to gain access to the car and inspect it. Patrol officers and traffic cops get drugs through connections with the Federal Tax Service.
It is important to know! Where to plant drugs is not a question for a criminal investigation officer. When inspecting a place of residence, drugs can be planted in a place that is difficult to access and rarely checked. In a car, this could be the glove compartment or trunk. Foot patrols may find drugs on an alleged suspect's clothing.
The state is actively fighting drug traffickers. However, their number is increasing every year. Young people have access to drugs in discos, clubs, institutes, and even at school.
About twenty-five percent of prisoners are in prison for drugs. On average, everyone will have to serve 5 years in prison.
However, the main culprits of mass drug addiction are at large. As a rule, investigators blame the drug addicts themselves for the distribution. They extract the necessary testimony from them, assign them a place in a criminal group and lock them up in prison for many years. And the distributors themselves remain at large.
What to do if they want to imprison you illegally? Surely this question has been asked more than once by people who have been prosecuted but have nothing to do with criminal acts.
Young and pretty Olga Savokina from the city of K. called her friend late at night. She, sobbing, tried to explain that her husband was charged with drugs. The girl cried and assured her friend that she had never noticed her husband’s drug intoxication. He led an active, healthy lifestyle. Yes, he was involved in business, but he did not carry out any dark schemes. A friend suggested that maybe it was the competitors who decided to commit such a scam. But Olga claimed that her husband was in a pre-trial detention center and asked to find lawyers.
The situation became clearer when active lawyers became involved in the case. Olga had to pay a considerable amount for them to sort out the situation. It turned out to be simple. For solving a drug trafficking crime, one of the law enforcement officers received a bonus and a star on his shoulder straps. That is why the “defender of order” decided to carry out such a fraud. Apparently, I really wanted to go to the sea.
The case of Olga’s husband’s involvement in the sale of narcotic substances dragged on for years. But the lawyers managed to prove the young man’s innocence. In every possible way they involved world organizations and courts, filed complaints, and addressed the media. And so the case was decided in favor of the innocent person.
Sources
- Tolstoy, Yu.K. Civil law. Textbook / ed. A.P. Sergeev, Yu.K. Tolstoy. - M.: Prospekt; 2nd edition, revised. and additional, 1997. - 600 p.
- Petrova, G.V. Tax law / G.V. Petrova. - M.: Norma, 1999. - 271 p.
- Tolly Bearing game, or “short” selling technique. Rules of the game for Wall Street financial top managers in the stock market / Tolly, Vol. - M.: FAIR-Press, 2004. - 368 p.
- Savkin, A.F. On the right bank of the Ucha / A.F. Savkin. - M.: Soviet Sport, 2000. - 851 p.
- Postovoy, N.V. Municipal law in Russia. Questions and answers / N.V. Guard. - M.: Jurisprudence, 2002. - 160 p.
