How can a victim drop a criminal case for battery?

Battery traditionally occupies one of the leading places in the list of the most frequently committed crimes in our country.

And this takes into account the fact that not all citizens who have become victims of such a crime report it to law enforcement agencies.

Today we will try to figure out the procedure for removing beatings, because... many do not fully understand what needs to be done initially: file a report with the police, or consult a doctor.

Next, we will look at the general information you need to know.

Beatings in administrative and criminal law of Russia: a brief educational program

Until 2016 Art. 116 of the Criminal Code of the Russian Federation (“Beatings”) applied to all offenses of this kind. However, beatings of relatives are now excluded from the list of criminal offenses - in 2022, criminal liability for domestic violence is possible only if the offense is committed two or more times in a year

In addition, a criminal case can be opened if the offender acted out of hooligan motives, political, religious or national hatred.

If the beating was the first time and without aggravating circumstances, the perpetrator faces only administrative liability - in accordance with Art. 6.1.1. Code of Administrative Offences.

According to State Duma deputy Olga Batalina, this innovation was intended to “eliminate a legal conflict in which beating strangers is an administrative offense, and beating close relatives is a criminal offense.”

On bringing to administrative responsibility

If the police spoke with the culprits, then the victim reported the beatings. Considering the circumstances of the incident, citizens will most likely be held accountable under Article 6.1.1 of the Code of Administrative Offences. Unlike criminal liability, administrative liability does not imply a criminal record. Therefore, the culprits will not receive a stigma for life. Subsequently, they will not have problems with employment, as would be the case with a criminal article.

Have a question for a lawyer? Ask now, call and get a free consultation from leading lawyers in your city. We will answer your questions quickly and try to help with your specific case.

Telephone in Moscow and the Moscow region: +7

Phone in St. Petersburg and Leningrad region: +7

Free hotline throughout Russia: 8 (800) 301-39-20

The Administrative Code provides for the following sanctions for battery:

• a fine of 5-30 thousand rubles;
• 10-15 days of arrest;
• 60-120 hours of compulsory work.

Administrative punishment is possible if the following conditions are met:

1. The offense was committed for the first time. If a person has previously been charged with battery, he will be tried under a criminal article. In this case, he will receive up to two years in prison.
2. Age. A person who has reached the age of 16 can be held administratively liable. If the culprit is younger, he will get off with an educational conversation.
3. Causes. Beatings should not be inflicted on the basis of racial intolerance, hatred based on nationality, gender, etc. For committing such actions, the perpetrator is held criminally liable.
4. Presence of intent. If one person pushed another, then this is not a crime. It’s another matter if there were several such shocks. In this case, the actions can be characterized as intentional.
5. No harm to health. If the victim does not have noticeable injuries, he did not take out sick leave, then his health was not harmed. Otherwise, the culprit would have to answer under another article, providing for a more serious punishment.

In the case of beatings, the victim does not have to prove the fact of causing pain. Here it will be enough to simply state this. It is also not necessary to present a medical examination report.

Criminal liability for battery in 2022: studying the Criminal Code of the Russian Federation

In turn, Art. 116 of the Criminal Code of the Russian Federation states that battery is punishable by:

Compulsory work - for up to 360 hours

or

Correctional labor - for up to 12 months

or

Arrest - for up to 6 months

or

Imprisonment - for up to 2 years

Is it worth filming the beatings?

It is immediately worth noting that current Russian legislation does not oblige the victim to record bodily injuries received as a result of beatings. In other words, if you are a victim of a crime, you have a choice whether to go to a medical facility for treatment or not.

However, it is necessary to understand that without such a medical report it will be very difficult to prove that the beating was really inflicted on you (especially if you were alone with the criminal and you do not have a video recording of the beating or at least witness testimony). Therefore, if you really want to punish the offender according to the law, you cannot do without a medical examination - after all, the doctor’s certificate received will serve as direct evidence when going to the police or court.

Options for the development of events

Perhaps the victim did not contact law enforcement, but complained to the administration of the student dormitory or educational institution. If representatives of the university reported to the police, then this option will be the most favorable for those responsible for the incident. In this case, they can get away with an educational conversation, and the police will not open an administrative case against them.

It’s worse if the victim immediately went to the police. In this case, law enforcement officers will decide whether to bring the perpetrators to administrative responsibility.

Is it possible to remove a beating without reporting to the police?

If for some reason you do not plan to seek help from law enforcement agencies, you should keep in mind that Order of the Ministry of Health and Social Development of the Russian Federation dated May 17, 2012 N 565n approved a list of injuries that doctors are required to report to the police - even without the consent of the victim .

What kind of injuries are we talking about? Let's find out!

So, in 2022, doctors are required to transmit information to the territorial bodies of the Ministry of Internal Affairs of Russia at the location of the medical organization about the admission (application) of patients in cases where they have the following signs of harm to health:

• Hematomas of internal organs;
• Stab, cut, stab, laceration wounds;
• Gunshot wounds;
• Bone fractures, hematomas, soft tissue bruises;
• Signs of rape and/or other violent acts of a sexual nature;
• Bruises, concussions;
• Other signs of harm to health, for which there is reason to believe that they arose as a result of illegal actions.

Where to go first

Despite the fact that there are many possible answers to this question, only one is correct. The point is that there is essentially no difference in where to go initially.

, first of all, is not a procedural procedure to establish the guilt of the offender, but rather timely medical care. Those. the examination procedure itself does not have any special distinctive qualities. Everything happens according to a scenario familiar to everyone: you turn to a doctor for help, who is obliged to provide you with this very help, and record all existing injuries in a medical journal. Is it necessary to have a police referral in hand to see a doctor? Naturally not, so the question of whether the beatings will be removed from you before you file a statement with the police disappears by itself.

How long does it take to remove a beating in 2019?

To date, the laws of the Russian Federation have not established the period during which a person who has suffered a beating can undergo a medical examination and record the injuries received. That is, in theory, the victim can consult doctors either the next day after the beating, or a week or even a month later. However, we do not recommend abusing this opportunity. Why? There are two reasons for this:

Firstly, while the injuries are still “fresh”, it is easier for doctors to determine the degree of harm caused;

Secondly, practice shows that judges are somewhat distrustful of victims who apply for an examination long after the beating without good reason.

○ What to do if you are falsely accused of battery?

The charge of battery is first confirmed by familiarization with the decision to bring the person as a suspect or accused. So, if you are accused of battery, and you had nothing to do with the incident, I recommend following the tips below:

• It is necessary to provide an alibi - people, recordings from CCTV cameras, telephone conversations, receipts from the store and other evidence that at the time of beating the person you were not near him and could not cause harm.
• Under no circumstances should you try to hide from the bodies of inquiry and investigation ; truthfully answer their questions about where you were at the time of beating the applicant, separately stipulating the fact that you did not inflict any blows or acts of a violent nature on the victim.

It should also be taken into account that proof of guilt in assault is assigned first of all to the victim, and then to the investigative and inquiry authorities. For the most effective defense, I also recommend seeking help from a lawyer - a specialist will help you defend your innocence by all legal means.

Contact a lawyer for a free consultation https://topurist.ru (form on the main page) quick response.

Among other things, it makes sense to file a counterclaim about a knowingly false denunciation and accusation of committing a crime. In many cases, this has the effect of the victim deliberately blaming an innocent person for their suffering.

[ ]

✔ Case study.

In order to clarify the procedure in this case, I will give an example from practice. So, the man was accused of beating by his ex-wife. The nature of the harm inflicted testified to his guilt, and the neighbors heard his voice at the time of beating his ex-wife. At the same time, according to the man, he was innocent and his innocence was confirmed by video recording from a surveillance camera installed at a gas station 3 kilometers from the scene of the incident. According to the camera timer, he was at the gas station approximately 15 minutes after the neighbors allegedly heard his voice in the victim’s apartment, and during this time it was simply impossible to cover such a distance within the metropolis.

In other words, if you are accused of something you did not do, you need to collect as much evidence as possible of your presence elsewhere. This task is simplified today by a large number of external and internal surveillance cameras installed in public places, shops and administrative buildings.

[ ]

Where can you film beatings in 2022?

If you are able to move on your own, you can have the beating treated at the nearest emergency room. According to Order of the Ministry of Health of the Russian Federation dated November 12, 2012 N 901n, these medical institutions must operate around the clock. Also, do not forget that in accordance with the provisions of Art. 11 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation,” emergency medical care is provided by a medical organization not only immediately, but also free of charge. Refusal to provide it is not allowed.

If the injuries received were too severe, we recommend calling an ambulance by phone 103. Order of the Ministry of Health of Russia dated June 20, 2013 N 388n regulates that the arrival time of an ambulance team when providing emergency medical care should not exceed 20 minutes from the moment of her call.

After the examination and medical care, the doctor (traumatologist or surgeon) will issue you a certificate for law enforcement agencies.

Such a certificate must indicate:

• Full name of the medical institution to which the victim applied;
• Last name, first name, patronymic and age of the victim;
• Date and time of the victim’s visit to medical institutions;
• Localization and nature of injuries received;
• Full name and signature of the doctor who performed the examination.

Example of a certificate of beatings

Where and how to get examined: step-by-step instructions

Earlier, we have already talked in detail about the procedure for removing beatings, where can they be recorded and in what time frame should this be done?

Considering that the victim has the right to contact the police with ready-made examination results, or to receive the support of a medical institution, then directly when receiving blows from attackers, you can contact:

• to the emergency room at your place of residence;
• to your local doctor;
• call an ambulance team.

Based on the certificates received or an extract from the medical history, it is permissible to file a statement with the police after receiving first medical aid. The received documents can also be submitted to the forensic medical examination office. Based on them, an examination will be carried out.

If there are no serious injuries and there is no need for medical assistance, it is advisable to contact the forensic expert directly at the office. Treatment options depend on the conditions of the locality in which the victim lives. The institution may be:

1. municipal bureau , where paid examination services are provided to citizens without referrals from the police station.
2. Paid medical clinic , which provides services for examining beatings.

Having chosen the appropriate institution, the victim contacts the registry. Here he receives a receipt for payment and a coupon for an appointment with a doctor. If necessary, he is provided with a medical record. Having paid the cost of the examination service, he goes to the specified office with a coupon.

When contacting a clinic at your place of residence, you can contact:

• to the surgeon;
• local therapist;
• to the doctor on duty at the clinic - on a day off.

The same specialists are consulted at a paid medical center. According to the established regulations, all medical reports are identical according to legal criteria. However, when going to court, a report from a forensic expert will be required. It can be obtained later, based on medical reports and an extract from the medical history. Such documents can serve as the basis for filing an application in court, but the judge has the right to find out the picture of what happened, including the reason why the victims were presented with certain documents as evidence. And also the reason why the victim did not contact the police. The arguments presented by the applicant must be convincing.

To apply for the intended purpose, citizens are required to have the following documents with them:

1. passport;
2. medical insurance policy;
3. SNILS;
4. receipt for payment for the service.

ATTENTION: While the victim is in the hospital, a representative from among close relatives or other persons can act in his interests - on the basis of a notarized power of attorney.

The period for contacting the Forensic Medical Examiner's Office is 3 days. During this time, characteristic traces of beatings will be visible and amenable to examination. If the application occurred later, then a justification for the delay in the examination procedure will be required if the victim was not in the hospital and could actually contact the bureau.

Despite the fact that any of the previously listed specialists has the right to record the receipt of beatings and describe their consequences in a medical record, a certificate of beatings that has legal force for applying to a court, administrative body or police station is issued only by a forensic medical expert.

To do this, he studies the conclusions of the doctors who treated the victim, or independently conducts a study of the resulting violations. During the examination, the forensic expert draws up documentation and, using a regulatory list, establishes the severity of the damage to the victim’s health.

After receiving the certificate, you need to choose the most convenient algorithm for punishing the culprit, which determines the further actions of the victim:

• in case of administrative punishment - collect the required legal basis, and submit an application and a package of documentation to the district executive committee, the chairman of the administrative commission.
• If a criminal case is initiated, submit the documentation as an attachment to the application written to the magistrate.
• Submit an application with a certificate of assault to the police station.

A certificate may be refused in several cases:

1. when the victim did not provide the necessary documents;
2. if a lot of time has passed since the beating;
3. in the absence of visible damage;
4. if the damage turned out to be insignificant.

They will also refuse a free examination without a referral from the police station.

How else can you prove battery in 2022?

A medical report confirming the fact of beating is the main, but not the only possible evidence for the court and law enforcement agencies. Other evidence you can use:

• Testimony of witnesses (witnesses can be any person - for example, your neighbors or just random passers-by);
• Video recordings from a mobile phone;
• Video recordings from surveillance cameras;
• Photos;
• Dictaphone recordings, etc.

The essence of the problem

Current legislation prohibits citizens from using physical force when sorting out relationships. And we are talking not only about blows, but also about pushes or any other methods of physical influence.

For example, the guys organized a costume party in the student dormitory with a lot of competitions. According to the rules of one of them, participants had to quickly run out of the room. There were two people standing at the door, counting. During the game, they pushed several times a person passing by the room. The latter did not react in any way to such actions, and the next morning he contacted the police, reporting the beating.

The victim does not have bruises, abrasions or any other injuries. Despite this, he claims that he was hit several times. There are no witnesses from the victim's side. However, the police believed him.

This situation clearly illustrates the fact that actions that seem like an innocent game can result in the need to pay an administrative fine. And registration with the police is not the most serious problem in this case. The outcome of such situations depends on a number of factors:

• whether the victim wrote a statement to the police;
• are there any witnesses to what happened, and what do they say;
• are there any videos of what happened, etc.

If one person pushed another several times, causing the latter to experience physical pain, then such actions may well be considered as battery. Accordingly, they will be qualified under Article 116 of the Criminal Code of the Russian Federation.

Beating is usually understood as striking with fists. However, the law takes a broader view of the situation, and therefore a person who has committed any actions that caused physical pain to the victim can receive punishment under Article 116. And what is important in this case is not the act itself, but the result to which it led. That is, if a person was hurt, then the culprit will be punished. And it doesn’t matter whether the victim was beaten, pushed or, say, strangled.

How to write a statement about battery in 2022? Legal advice

A properly drafted statement of battery must include the following information:

• Name of the territorial body of the Ministry of Internal Affairs;
• Last name, first name and patronymic of the victim;
• Residence address and contact telephone number of the victim;
• The circumstances of the incident;
• Information about witnesses (indicating their contact details);
• List of attached documents;
• Date of application.

statements of battery (version current for 2022)

Example of a statement to the police about beatings

Head of the Department of Internal Affairs

in the Arbat district of the Central Administrative District of Moscow

from Larsson Victoria Emmanuilovna,

living at the address: Moscow,

Krivoarbatsky lane, 20, apt. 9

Telephone

STATEMENT

to initiate a criminal case

I ask you to bring to justice my neighbor, Leonid Aleksandrovich Griboyedov, born September 21, 1990, living at the address: Moscow, Krivoarbatsky Lane, 20, apt. 11, who on the night from 03/31/2019 to 04/01/2019 beat me for hooligan reasons. A medical certificate is attached.

My sister Anna Emmanuilovna Larsson (address: Moscow, Kompozitorskaya str., 17, apt. 2, telephone) witnessed the incident.

On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned.

If a criminal case is initiated based on my application, please provide its number, surname and telephone number of the investigator who will be entrusted with the investigation.

In case of refusal, please send me a copy of the relevant decision and provide me with the opportunity to familiarize myself with the refusal material in order to prepare a reasoned complaint against such a decision.

"01" April 2022

Signature ____________________ /full name/

statements of battery (version current for 2022)

Note! If you have questions or encounter any difficulties when preparing a statement to the police in 2022, you can always seek free legal advice from the specialists of the CenterSoveta portal. The average waiting time for a response from a lawyer is 15 minutes.

Time limits for considering an application for this crime

The consideration of the application for beatings takes place within thirty days, after which a decision is made to initiate or refuse to initiate a criminal case.

During the pre-investigation period, all necessary evidence of a person’s guilt in physical violence is collected, including the conclusion of a forensic medical examination, copies of pages of the medical record, the results of a medical examination, explanatory statements of the victim, suspect, and witnesses.

Other evidence of the conflict may also be presented, including video and audio materials in which the conflict is recorded.

If there is sufficient evidence, a criminal case is initiated and transferred to the investigator. The latter conducts investigative measures within a maximum period of two months and submits the case to the court.

The court is obliged to consider the case within a reasonable time, usually a month or a little more. In practice, a complaint about beatings is considered within two to three months, taking into account all stages: pre-investigation check, investigation, and trial.

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:

1. Classification of beatings.
2. What is mild battery and what is the liability for it?
3. What is moderate battery and responsibility for it.
4. And the most severe punishment will be for causing grievous bodily harm.

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?