All about how to remove beatings in the Russian Federation; description of the procedure for removing facts of beating through forensic medical examination

Isaac Asimov once called violence “the last refuge of incompetence.” It is difficult to argue with the famous author, but if fate decreed that you were the object of violence, in particular during beatings, then the philosophizing of the cult science fiction writer will be of least interest.

What to do right away? How to involve law enforcement agencies in their direct responsibilities - protecting your rights? How to initiate a criminal case, how to correctly write a statement regarding the infliction of bodily harm? Let's look at all the nuances of the process from the point of view of Ukrainian legislation.

How to prosecute

In the first hours after the incident, you must contact the police for help.
The contact with the police must be recorded, and only by following this procedure will it be possible to file a claim in court to punish the offender who caused bodily harm. Officers who arrived at the scene of the incident must describe the situation in detail with a detailed account of the reasons that led to the beatings and the nature of the injuries on the body.

Police officers will give the victim a special referral for a forensic medical examination.

In case of severe pain and the need for emergency assistance, a woman is recommended to contact a medical institution, where she will be given an accurate diagnosis and the damage to her health will be recorded.

The traumatologist will issue a certificate with a diagnosis. You can take this document to the police station, where the woman can write a statement. The application will be made on a general basis, and if there is a long queue at the specialist’s office, you should wait for it.

Some indulgences can be made for citizens with severe injuries, then the traumatologist can accept them without waiting in line. After the examination, the doctor will issue a certificate recording the injuries and the time of treatment.

If a medical specialist notices criminal traces in the injuries on the patient’s body, then he will be forced to report the incident to the police.

Independent appeal to the forensic medical examination authorities is allowed. The doctor will conduct a thorough examination of the areas of the body where the injuries are located, after which he will analyze and characterize the resulting hematomas.

Be sure to read the article about what removal of beatings is and how to remove them correctly(!)

It is also important to know: . When should this be done? What evidence other than a medical report can be used? Details here. And what to do if you remove the beatings a few days after they were inflicted.

• When should this be done?
• What evidence other than a medical report can be used? Details here.
• And what to do if you remove the beatings a few days after they were inflicted.

The court will not take into account the conclusions from a paid medical institution if it does not contain the following information:

• seal and signature of the doctor who conducted the examination;
• the circumstances under which the beating was committed;
• time and exact date of the study;
• specific information on the location and nature of injuries.

After the medical examination, the woman will be issued a certificate with which she can contact the police.

This certificate must contain the following information:

1. date of medical examination.
2. Signature of the doctor who conducted the study.
3. Stamp of the medical institution where it was carried out.

In court, when considering a case, it is allowed to attach photographs taken during a medical examination in a special institution.

This certificate has no expiration date and can be used at any time. If the victim applied for a medical examination on her own, then the doctor will give the certificate to her personally. In cases where law enforcement agencies have directed the victim to undergo an examination, a certificate will be sent to her address. It is important to remember that usually the party who applied for a medical examination first is considered the victim, but sometimes it happens that the person against whom the accusations are made was not harmed less than the first one.

The husband, in turn, can also remove the beatings and go to court to prove his rights. If we consider the question of when is the best time to conduct a medical examination as part of a forensic medical examination, we can clearly answer that experts recommend doing this in a short time.

If a lot of time passes, then even with a medical certificate, the offender may claim that it was not he who caused the injuries, but someone else. After passing a medical examination, the victim has the right to contact the police and write a statement. The police examine it within ten days and issue a decision to initiate criminal proceedings.

In the future, the victim is recommended to take care of having receipts for medications and a certificate from the medical examiner. expert. A woman also has the right to demand compensation for moral damage caused to her.

The legislative framework

Beating is the commission of violent acts with the aim of causing physical suffering to the victim, which, however, has nothing to do with causing harm to health. Thus, one or more blows can be considered battery. However, penalties (criminal or administrative liability) for their commission will be assigned depending on the consequences.

So, if as a result of one or several blows the victim ends up with several bruises, the person who inflicted them is unlikely to be prosecuted. However, if it is possible to prove more serious damage from the injuries received, the injured party may be able to bring the attacker to administrative liability.

Until 2016, penalties for these acts of a criminal nature were regulated exclusively by the Criminal Law (Articles 115, 116). However, in 2016, the legislator decided to decriminalize this crime, establishing milder punitive measures and enshrining them in Article 6.1.1. Code of Administrative Offenses of the Russian Federation.

Thus, a person accused of battery (in the absence of aggravating circumstances specified in Article 115 of the Criminal Code of the Russian Federation) for the first time will be brought to administrative responsibility on the basis of Article 6.1.1. Code of Administrative Offenses of the Russian Federation.

For a second charge, which will be made within 12 months after the first one was made, the person will be prosecuted under another article – 116.1 of the Criminal Code of the Russian Federation.

Those. by committing such an offense once a year every year, the accused person will be prosecuted solely on the basis of administrative law.

In case of prosecution on the basis of Article 6.1.1. Code of Administrative Offenses of the Russian Federation, the offender will pay a fine in the amount of 5 to 30 thousand rubles/arrest for a period of 10 to 15 days/compulsory labor for a period of 60 to 120 hours;

Criminal liability for beatings is carried out on the basis of identification of hooligan motives for the act, as well as those committed due to racial, national hatred or social hostility towards the object of violence.

Until 2022, the so-called juvenile justice system also operated in the Russian Federation, according to which relatives convicted of beating their loved ones (spouse, natural and adopted children, parents, brothers/sisters, grandparents, grandchildren, guardians) , were prosecuted on the basis of the Criminal Code of the Russian Federation.

In February 2022, this norm was also decriminalized. Since then, relatives who have committed this offense for the first time are prosecuted on the basis of the Administrative Code, and not immediately the Criminal Code.

Statement

After the beatings have been removed, a certificate from a traumatologist has been issued, or a conclusion from a forensic expert has been drawn up, it is necessary to write a statement to law enforcement agencies, in which you need to describe the situation in detail. We wrote about the deadlines for submitting an application here.

Report to the police about beatings

Within ten days, the police department will consider the accepted application, and the issue of opening a criminal case will be decided, which may subsequently be brought to court.

If the attacker made threats against the beaten person, then they also need to be described in as much detail as possible.

The application must be accepted, and in return the victim receives a notification coupon that the employees have accepted the application for consideration and have begun to study it.

Police officers do not have the right to send a citizen to write a statement to another department, citing various reasons. This is a direct violation of the job description.

It is recommended to contact the police of the area where the victim lives; such a step will significantly reduce the time it takes to consider the application.

The standard period for such requests is about three days, but sometimes it can reach ten days. If a police officer does not want to accept a statement, this is a violation. All applications received from citizens must be considered within the established time frame.

As a result, a response from law enforcement agencies will follow regarding the initiation of a criminal case or its refusal. You can try to refute the refusal to initiate a criminal case by contacting the local prosecutor's office.

What to do if your application is not accepted

Receiving statements from victims is the responsibility of the police officer on duty. Moreover, both Russians and foreigners can submit them. The police are obliged to respond to requests from residents of Tajikistan, Ukraine, Germany, any other states, as well as stateless persons. The investigation of the crime will be carried out by employees of the department in the area where the victim was beaten. Therefore, one of the reasons for refusal is often the wrong choice of police department. But, if the citizen insists, the application must be accepted. If the document is not accepted, the victim can write a complaint to the prosecutor's office or to a higher authority of the Ministry of Internal Affairs. In this case, it will be necessary to accurately indicate the name of the police department, the time of application, the rank and surname of the police officer who refused to accept the application. It is advisable to record the conversation with the duty officer using audio or video equipment. You should politely inform the police officer of your intentions to file a complaint.

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 to write a statement about beating?

If the victim competently draws up a statement and correctly removes the beatings at the medical center, this will greatly facilitate the initiation of a criminal case and bringing the perpetrator to justice.

The application must contain:

• names of the department of the Ministry of Internal Affairs on the territory of the Russian Federation to which the application is submitted;
• personal information of the victim;
• victim's address;
• contacts for communication;
• email address;
• detailed circumstances of the incident;
• a request to initiate a criminal case under Article 116 of the Criminal Code of the Russian Federation;
• the entire list of the attached package of documents - medical certificates, a doctor’s report, prescriptions for medications, referrals for rehabilitation procedures, a conclusion on a possible disability;
• if violence occurred by a group of people in a certain place, you should request video from surveillance cameras, this will help the investigation;
• date of filing the application and signature of the applicant.

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. a municipal bureau where paid examination services are provided to citizens without referrals from the police station.
2. A paid medical clinic that 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 visiting 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.

Rights of the injured party

The rights granted to the injured party are presented in Article 42 of the Criminal Procedure Code of the Russian Federation, provided that the specificity of the offense falls under one of the articles of criminal law (committed repeatedly or with one of the intentions outlined in Article 116 of the Criminal Code of the Russian Federation).

Thus, the victim of rights can:

• Make accusations;
• Provide evidence;
• Make demands based on current legislation;
• Study the case materials;
• Participate in all stages of paperwork.

Also, in accordance with current legislation, the injured party has the right to demand compensation for moral damage. This requirement may be raised as part of a civil motion in a criminal case.

The rights of the party injured as a result of the misconduct, on the basis of the Code of Administrative Offences, are spelled out in Article 25.2 of this act. So, she can:

• Give evidence;
• Study the case materials;
• To petition for something.

How does the severity of injuries influence the decision to bring penalties against the attackers?

In all cases, without exception, contacting the police with a statement of battery is advisable. Through the preliminary actions of law enforcement agencies, the victim not only receives assistance in stopping the crime and gets rid of further violent actions by the attacker.

He also receives significant support in accompanying the procedure for punishing the offender or criminal.

However, if insignificant and minor injuries are received that result in health problems, then without a statement from the injured citizen, a penalty cannot be imposed on the perpetrator.

Such legal norms apply to crimes for which administrative or criminal liability arises by virtue of Articles 1.1.6 of the Code of Administrative Offenses of the Russian Federation and (Part 1) of the Criminal Code of the Russian Federation, if the actions were not of a public nature and the interests of third parties were not harmed as a result of the street fight .

In other cases, if the injured person receives injuries included in the list of corpus delicti according to the provisions of Articles , , 113, 117 (Part 2) of the Criminal Code of the Russian Federation, a statement is not required. Typically, in these cases, they call a team of emergency doctors, or go to a clinic for outpatient or inpatient treatment.

Article 113. Causing grievous or moderate harm to health in a state of passion

Intentional infliction of grievous or moderate harm to health, committed in a state of sudden strong emotional excitement (affect) caused by violence, mockery or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a long-term psychotraumatic situation that arose in connection with systematic illegal or immoral behavior of the victim, -

shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

Based on an application to a medical institution, the following occurs:

1. examination of the severity of injuries;
2. transfer of information to the police station;
3. provision of medical care.

That is, if the severity of the harm caused is stable or irreversible, as well as when causing short-term but serious harm to health, allowing the victim’s body to be incapacitated, a criminal case is opened automatically.

Important. If, at the time of contacting a medical specialist, the bruises and wounds no longer look fresh and the skin structure already looks restored, then the doctor, of course, will record the damage, but the severity of the damage may be indicated less than it was in its original form. . That’s why it’s so important to make a timely request to record the beatings.

Therefore, it is so important to make a timely request to record the beatings.

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.

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?

Definition of battery

In beatings, violence is repeatedly applied to the victim, resulting in physical pain without loss of ability to work or impairment of health. To punish the guilty person, you need to file a statement about the fact of beatings, as well as prove the physical pain that occurred when inflicting repeated blows.

Typical actual situations in which the fact of battery can be established include:

1. inflicting repeated blows or committing other similar violent acts on the part of the husband, after which the wife experienced physical pain (the use of physical force by a partner in relation to a common-law wife is considered in a similar way);
2. a quarrel between neighbors that ended in assault without causing serious health consequences;
3. physical pain caused to a child by his classmates during a fight or other conflict.

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Often during a fight, mutual beatings may occur when physical force is used by both parties to the conflict. In this case, a counterclaim for prosecution may be filed simultaneously.

Law enforcement work at a crime scene

It is important to understand that the powers of law enforcement officers are much broader than those of ordinary citizens, so it is better to collect and process evidence with the participation of police officers. . The algorithm for cooperation with law enforcement is as follows:

The algorithm for cooperation with law enforcement is as follows:

• Submitting a complaint about beating and receiving a tear-off receipt indicating that the complaint has been registered. It is this document that will allow the victim to observe the development of further events.
• Describe what happened in detail, focusing on even the smallest details. Tell us how the criminal behaved, what injuries he caused. The more detailed the victim’s story, the easier it will be for the police to prove the fact of the beating.
• To get a complete answer to the question of how to remove a beating, you should understand that all police records must be read carefully, making sure that they are correct, complete and correct. Law enforcement officers are required to record the names of all eyewitnesses to the crime and their contact information, and issue a referral to the victim for a forensic examination.
• The victim must insist that the police carefully examine the crime scene and enter all data into the report. This is especially true in situations where no outsiders were present during the beating, and the investigation will have to rely only on indirect evidence and discovered evidence. Law enforcement officers should be required to take detailed photographs and include items of clothing and other materials related to the incident.
• Collection of testimony. When there are people who saw the beating, inspectors are obliged to interview them. If there are no witnesses, then the victim needs to remember the people who saw him before the beating, who could have heard screams during the struggle, people who could recognize the criminal and other citizens.
• When the police have completed their work on the spot, they are required to carry out an appropriate check. This procedure can take from 3 to 10 days. Based on the results of the inspection, they open criminal proceedings or refuse to initiate criminal prosecution. Further, the victim can file a claim in the magistrate's court.

Is it possible to withdraw a certificate of beatings and stop criminal prosecution?

If the beating does not have serious consequences for the health of the victim and the case was initiated under Articles 115 or 116 of the Criminal Code, then you can pick up the certificate and all accompanying documents at any time.

To do this, you need to write a statement requesting the termination of the criminal prosecution of the accused and renounce the claims against him. For such cases, the Criminal Code provides for Art. 25 “Termination of a criminal case due to reconciliation of the parties.”

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If it turns out that you were physically hurt or harmed, you can independently defend your rights and punish the offender. You don't need much for this. The most important document in such cases is a certificate of beatings. It is this that serves as evidence in court and determines the degree of guilt of the attacker.

In this case, beatings can be removed both in a government institution, upon the direction of the investigator, and in a private clinic. You are not limited by anything. Only in time. The law does not determine the time frame for when the examination should be carried out. But lawyers say the sooner the better. You can also forgive the offender if, for example, he paid you compensation and apologized. The application can be withdrawn directly in the courtroom.

How to properly remove beatings

What does it mean to remove a beating? In order for the offender to be punished, the victim must prove that he was beaten. This procedure is called "removal of beatings." How long does it take for a beating to be removed?

You can go through it with the help of law enforcement agencies or on your own. The law does not have an exact deadline for when it is necessary to film a beating, but it is better to do it “hot on the heels”, more precisely, on the same day or no later than 2 days after the incident.

During this time, traces of the crime will not have time to disappear and the police will be able to detain the alleged offender.

The victim can witness the crime if he calls the police to the scene.

After that, he must write a statement, and the interrogator will send the victim to the Bureau of Forensic Medicine.

How much does it cost to remove a beating? If the examination is carried out on a referral from the police, then it will be for the victim.

It is not always possible to call representatives of the law to the crime scene.

In this case, the victim can contact the expert independently, bypassing the police station, and write a statement later. But then the citizen will have to pay for the examination himself.

You should only contact bureaus that have a state license to conduct expert activities, otherwise the conclusion will not be accepted by the court as evidence.

In Moscow, beatings can be examined in the following institutions:

1. State Budgetary Institution Bureau of Forensic Medical Examination, Tarny Ave., 3.
2. Bureau of Forensic Medicine, 13th Parkovaya St. 8/25.
3. Federal State Budgetary Institution Russian Center for Forensic Medical Examination of the Ministry of Health of the Russian Federation.

You will have to pay from 3,000 to 5,000 rubles for the service, it all depends on the severity of the beating.

How is the procedure done?

Any victim can apply for an examination, including a woman who was beaten by her husband.

First, the doctor conducts an external examination of the patient and listens to complaints.

Any damage to the skin (bruises, abrasions, scratches, cuts, etc.) is taken into account. The victim must also report symptoms such as nausea, dizziness, pain in the head, stomach

Then reflexes (tendon, pupillary) are checked. The expert may additionally prescribe tests (X-rays, MRI) if there are signs of internal damage.

After the examination, the victim is given an expert report, with which he can contact the police. This document will serve as the basis for initiating criminal prosecution of the offender.

You can also remove the beatings at the nearest emergency room. The advantage of the method is that it is free. The victim will also be provided with first aid.

The disadvantage of examination in the emergency room is the lack of an expert opinion. Only a certificate of beatings is issued. It can prove the fact of beating, but does not determine whether harm was caused or not.

However, after undergoing an examination at the emergency room, it is possible to obtain an expert’s opinion without a personal visit to the office. Documents are usually drawn up on the basis of a certificate and data on the victim’s health from a medical record filled out by a doctor at the emergency room.

Reference

How to document beatings? In addition to the expert's opinion, the victim will definitely need a certificate of beating. It can be issued by an expert or a doctor at an emergency room. The help contains the following information:

• cause of disability;
• nature of damage;
• date of beating.

This certificate has an unlimited validity period. It can be provided to the police within the statute of limitations for the crime. The statute of limitations for beating is 2 years; after these years, the offender will no longer be punished.

Is it necessary when contacting the police?

The act of beatings is needed to initiate a criminal case. After a beating, actions can unfold in two ways: first, removing the beating, then contacting the police, or, conversely, first contacting the police, then going to the doctor. Both options are legal. We told you where else beatings can be recorded. If you contact the police first:

1. The police officer will ask you to write a statement about the beating (sample).
2. After this, a referral for a forensic examination will be issued.
3. With this referral, the victim must contact the doctor indicated in the referral.
4. All data will be sent to the authority that issued the referral (specific police department).

In this case, the victim will not need to undergo additional pre-investigation examination. This examination determines the definitive causes of abrasions and bruises. It is the main evidence in court (what other evidence should be used?).

If you go to the emergency room first:

1. the victim can independently go to the emergency room to relieve the beating.
2. The doctor will examine the patient and issue a certificate on a special form.
3. The victim contacts the police with a statement of beatings and encloses a certificate.
4. Based on this certificate, a referral for pre-investigation examination is issued.
5. The victim is undergoing a pre-investigation examination. Often the presence of the victim himself is not required. A forensic medical examination report is issued on the basis of a certificate alone.

Both options are legal. Only when contacting the police first, the victim will have to perform fewer actions. Read about the deadlines for applying.