What happens if you hit a person in the face: article of the Russian Criminal Code, types of punishment

There are several articles for causing bodily harm; they can be administrative or criminal, depending on the circumstances of the fight. The consequences of assault can be different - someone beat a passerby half to death, someone bruised his wife, someone pushed a friend in the heat of a quarrel, and he fell, hitting himself painfully. Hair pulling, arm twisting - all this can also be classified as bodily harm.

The punishment must correspond to the act, so for a bruise on the cheekbone there will be one article, for broken kidneys - another. And even when there are no traces left on the body, the article on beatings can still come into play - if after the fight the victim went to the doctor, and he recorded that the person felt pain or dizziness.

Too many cases of beatings do not reach the police, especially when it comes to domestic violence. But fights are fights in Africa, and the offender must be punished. As you know, since 2022, minor injuries caused by family members have been decriminalized, but subsequently numerous amendments were adopted to the law. So you cannot think that by periodically beating your loved ones, you can avoid criminal prosecution. Such matters cannot be left to chance. Going to court is the surest way to get justice. Especially if you enlist the support of an experienced lawyer.

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Article for punching in the face

Responsibility for a blow to the face is prescribed in several articles of the Russian Criminal Code. The main one is 115 “Intentional infliction of minor harm to health.” The article has two parts. The first charge provides punishment for intentionally causing minor bodily harm to another person.

Note!
Light injuries are classified by the Criminal Code as minor harm to health, which led to a short-term loss of ability to work or a short-term health disorder.

The second part of Article 115 also concerns causing minor harm. But it introduces a number of differences. This:

the act was committed with hooligan motives;
several people were involved in causing the injuries;
a weapon or other object that performed the function of a weapon was used in the attack;
the act was committed out of religious, national or racial hostility.

Who determines the extent of damage caused?

The degree of harm caused to health is determined by experts. To do this, the victim is sent for a comprehensive forensic medical examination. This procedure is carried out as prescribed by the investigative authorities based on the results of the victim’s treatment, as well as the result of the study of medical documents directly related to the case.

In practice, the outcome of a blow to the face can depend on a number of factors. For example, the sports training of the accused and his physical parameters are of considerable importance in this case. It is also necessary to take into account the health status of the victim (physique, gender, age, etc.).

Thus, if a physically unprepared girl strikes a strong man, this is unlikely to entail any serious consequences for him. It's another matter if the attacker is a professional boxer. Then the consequence of the blow can be a broken nose, jaw, bruise or concussion, skull fracture, etc. One strong blow can cause the death of the victim.

What happens if you hit a person?

Article 115 of the Criminal Code of the Russian Federation states that the type of punishment is assigned depending on the circumstances of the crime. Penalties for personal injury fall into two categories. The first is intentional infliction of minor harm to health. For this, the court may order:

fine up to 40 thousand rubles;
a fine in the amount of three monthly salaries of the defendant;
correctional labor for up to a year;
arrest for up to four months;
compulsory work. The maximum period is 480 hours.

Punishment for minors

Important! Based on the essence of the punishment, it must correspond to a socially dangerous act committed by a person who is aware of his actions. It is believed that a teenager under 14 years of age does not yet understand the full danger of this type of offense. Therefore, if he commits such an act, he will not be held responsible for it. However, such a child will most likely be placed on a special register with the police for juvenile affairs, and he will become the object of increased attention from law enforcement agencies.

If, starting from the age of 15, he causes moderate and grave harm to the health of another person by beating him, then the minor may be convicted. Basically, the punishment is conditional. But in some cases, a teenager can be put behind bars. The parent (father or mother) will have to pay compensation to the injured person if he writes a statement of claim demanding compensation for the damage caused.

Moderate health damage

Punishments for causing bodily harm of moderate severity are specified in Article 112 of the Criminal Code of the Russian Federation. The law qualifies average damage to the body as average if:

the diagnosed injuries are assessed as serious;
the victim has lost his ability to work and because of this cannot perform a third of his duties;
Due to injury, he cannot lead his usual lifestyle for a long time.

For causing harm of moderate gravity, the defendant can be arrested for three years. If the infliction of bodily harm is aggravated by the factors specified in Article 115 of the Criminal Code of the Russian Federation, then the term of imprisonment may be increased.

The judge may increase the term of arrest for the culprit if the victim suffered moderate damage and there is:

two more victims or more;
the victim is a minor;
the victim is initially unable to resist the attack;
the attack is related to the activities of the victim;
the victim's relatives were also attacked;
the attack was carried out as part of a group.

If the investigation proves that there were aggravating circumstances during the attack, the prison term can increase to five years.

Why film the beatings?

To prove the fact of causing bodily harm, it is necessary to film the beating. And the sooner this is done, the better. If the victim hesitates for several days, the bruise may simply disappear, and there will be no talk of any bodily harm.

However, current legislation does not oblige the victim to have the beating removed in a medical facility. You can be held accountable even if there are no abrasions or bruises on the body of the beaten person. The very fact of pain indicates the presence of a crime.

Initiating a criminal case becomes possible only if there is a conclusion, which is issued after a forensic medical examination. A referral for this procedure is issued by police officers during a pre-investigation check.

In addition, evidence of beating will also be needed if the victim subsequently wants to compensate for the damage that the offender caused him.

How long should beatings be removed?

The deadlines for establishing beatings are not established either by legal literature or legislative acts. However, in practice, the victim must contact a medical institution within a certain period of time. It is determined based on the following nuances:

medical characteristics of the victim’s body;
the victim's health status;
physiology;
strength, accuracy of impact, etc.

The optimal period for examination is two days after the beating. During this time, abrasions, wounds and bruises do not have time to disappear. Next, the recovery process begins, when the skin is restored and the hematomas resolve.

It is possible to record physical injuries later. However, if more than five days have passed since the injury occurred, then it is not possible to reliably verify the cause of their injury.

Serious harm to health

The consequences for causing serious harm to health are prescribed in Article 111 of the Criminal Code of the Russian Federation. The following are considered signs of grievous bodily harm:

disruptions in the functioning of the body due to organ damage or loss;
lifelong loss of vision, hearing or speech;
loss of performance by a third;
inability to carry out professional activities for the rest of life.

Causing serious harm to health is punishable by prison terms. The maximum prison term in the absence of aggravating circumstances is eight years.

Note!
The aggravating factors in this case are the same as when causing harm of moderate severity. Proving that the heavy damage was inflicted on someone else’s order can also make the situation worse for the defendant.

When considering a case, the court may pay attention to the identity of the victim. If the attacker caused damage to a public servant during execution, then this case will be qualified under Article 318 of the Criminal Code of the Russian Federation. The punishment can be up to ten years in prison and a fine of 200 thousand rubles.

The court also takes into account the mitigating circumstances prescribed in Article 61 of the Criminal Code. Taking them into account, the judge can lighten the punishment. The following are considered softening:

pregnancy;
minor age;
difficult life circumstances;
presence of young children;
no criminal record;
confession.

If the perpetrator called an ambulance or provided medical assistance to the victim after the attack, the judge may also consider this a mitigating circumstance. As well as a proven fact of aggression on the part of the victim before causing damage.

Other aspects influencing court decisions

The court's assessment of the circumstances of the case and the imposition of punishment is a multilateral process. The judge not only assesses the severity of the damage, but also pays attention to other circumstances of the case.

Identity of the victim

The judge will pay attention to the one who suffered. The punishment will be more serious if the victim:

minor;
pregnant;
official in the performance of duties.

For hitting a government official in the face, he will be tried under Article 318 of the Criminal Code of the Russian Federation.

Currently, in judicial practice there is no common understanding of the concept of beatings, namely, what is considered beatings: repeated blows (3 or more) or one is enough? There are different positions on this issue. In one case, the court indicates that beatings involve multiple blows, in another case, the court comes to the conclusion that to qualify the act as beatings, one blow is sufficient. But even if we consider beatings as multiple blows, then one blow that causes pain, in any case, qualifies as another violent act. And given that beatings and other violent actions are covered by the offenses provided for in Articles 116, 116.1 of the Criminal Code of the Russian Federation and Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation, there is no fundamental difference in how to “call” the actions of the perpetrator. Moreover, even in the supervisory ruling of the Supreme Court of the Russian Federation dated June 24, 2008 N 85-D08-17 it was stated that “beatings are a special case of a criminally punishable violent act.”

Examples from judicial practice

Position 1. Battering – infliction of both one and repeated blows

Example 1). Leaving the sentence unchanged, the court concluded that delivering one blow qualified as battery. The following is stated.

Qualification of the actions of the convicted person under Part 1 of Art. 116 of the Criminal Code of the Russian Federation as the commission of beatings corresponds to the actual circumstances of the case and is justified.

The criminal law does not define the concept of “beating”. It is impossible to agree that delivering one blow is not an illegal act. The position of the convicted person that only repeated blows are recognized as beatings is not consistent with the disposition of the article and is unfounded.

With such data, doubts about the proof of the guilt of the convicted person and the validity of the legal assessment of her actions do not arise. The fact that the object with which the blow was struck has not been identified does not exclude criminal liability for the act. The exclusion of the video recording from the evidence did not affect the court’s conclusions (Resolution of the Presidium of the Trans-Baikal Regional Court dated 04/28/2016 N 44у-78/2016).

Example 2). One blow to the face with a fist is considered beating, which is considered physical impact, regardless of its number

Argument of the defender E.V. that a single blow does not fall under the concept of “beating” is recognized as untenable, since, based on the literal content of Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation, physical impacts against the victim are recognized as beatings, regardless of their number (from one to several).

Other violent actions that cause physical pain, which are also discussed in Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation, are physical impacts of a different nature (biting, squeezing, pinching, etc.).

Moreover, all relevant physical impacts are covered by Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation, and in relation to the sanction of this norm are recognized as equivalent (extract from the Decision of the Lipetsk Regional Court dated 02/09/2017 in case No. 7-7/2017).

Position 2. To qualify an act as “beating”, multiple blows are required

A single blow cannot be qualified as beating under Articles 116, 116.1 of the Criminal Code of the Russian Federation and Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation, but this does not mean that the actions of the perpetrator are not subject to the sanctions of these articles. One blow must be qualified under these articles as “another violent act.”

If the court incorrectly classifies the actions of the perpetrator as beatings, the higher court is not deprived of the right to evaluate the incorrect application of the law and reclassify the actions of the defendant as “other violent actions.”

Example 1). For example, not agreeing with the qualification of the court’s act as “beating,” the higher court indicated the following.

Disposition Art. 116 of the Criminal Code of the Russian Federation means beating - repeated blows.

At the same time, the court found that B. hit FULL NAME6 in the chest once.

Thus, the court did not correctly qualify B.’s actions under Part 1 of Art. 116 of the Criminal Code of the Russian Federation, as beatings that caused physical pain, but did not entail the consequences specified in Art. 115 of the Criminal Code of the Russian Federation (see in more detail the appeal resolution of the Sevastopol City Court dated February 10, 2015 in case No. 22-103/2015).

Example 2). One blow is not a beating, but another violent action! The Presidium of the Regional Court, amending the verdict of the magistrate, indicated the following.

“The courts of the first and appellate instances, having correctly established the factual circumstances of the case, gave a legal assessment of the actions of the convicted Z. under Part 1 of Art. 116 of the Criminal Code of the Russian Federation as beating that caused physical pain, but did not entail the consequences specified in Art. 115 of the Criminal Code of the Russian Federation.

At the same time, within the meaning of the criminal law, beatings represent repeated striking of the victim, causing physical pain, but not entailing the consequences specified in Art. 115 of the Criminal Code of the Russian Federation. Moreover, in order to qualify the actions of the perpetrator as beatings, it is the repetition of the blows that is of decisive importance.

Inflicting one blow on the victim cannot be regarded as beating, and therefore the actions of the convicted Z., associated with delivering one blow to the victim’s face during the conflict, which caused physical pain and caused the formation of bodily injury in the form of a hematoma of the left cheek and the frontal part of the head on the left, three abrasions of the face, namely the lateral slope of the nose, the left cheek, and the area of the nasolabial triangle on the left are subject to qualification under Part 1 of Art. 116 of the Criminal Code of the Russian Federation, as the commission of other violent acts that caused physical pain, but did not entail the consequences specified in Art. 115 of the Criminal Code of the Russian Federation" (see in more detail Resolution of the Presidium of the Kamchatka Regional Court dated July 28, 2014 N 4-U-21).

Example 3). In a number of cases, courts do not try to distinguish between the concepts of “beatings” and “other violent actions.” In fact, having established that the defendant committed other violent actions (not beatings), they indicate in the verdict that the defendant also inflicted beatings and committed other violent actions. These errors are corrected by higher courts. For example:

The appellate court, having correctly established the factual circumstances of the case, gave a legal assessment of the actions of convicted K. under Part 1 of Art. 116 of the Criminal Code of the Russian Federation as beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Art. 115 of the Criminal Code of the Russian Federation.

In this regard, the actions of convicted K., associated with the application of a single kick out of personal hostility to a wooden fence, from which the blow was delivered ..., causing the formation of bodily injury in the form of a bruise and abrasion of the anterior outer surface of the right knee joint, a bruise and abrasion of the anterior outer surface the upper third of the right shin must be qualified under Part 1 of Art. 116 of the Criminal Code of the Russian Federation as the commission of other violent actions that caused physical pain, but did not entail the consequences specified in Art. 115 of the Criminal Code of the Russian Federation.

Based on the above, the Presidium of the Orenburg Regional Court decided to amend the descriptive and motivational part of the verdict against K.: to exclude the indication that she had inflicted beatings. Consider K.’s actions qualified under Part 1 of Art. 116 of the Criminal Code of the Russian Federation as the commission of other violent actions that caused physical pain, but did not entail the consequences specified in Art. 115 of the Criminal Code of the Russian Federation (see for more details Resolution of the Presidium of the Orenburg Regional Court dated September 16, 2013 N 44у-422-2013)

We recommend the articles: “Battery intentionally and through negligence”, “Compensation for moral damage for beatings and harm to health”

We recommend other publications in the review “Beatings and harm to health. Responsibility. Arbitrage practice"

How to write a statement about beating to the police?

The basics for filing an application are reflected in Article 141 of the Code of Criminal Procedure of the Russian Federation. The sooner this is done, the better.

So:

The application can be made both in writing and orally; an anonymous appeal cannot serve as a reason for initiating a criminal case;
The oral statement is displayed in the protocol and signed by the applicant and the person receiving it. The protocol contains the data of the citizen who applied, including documents proving his identity;
If the applicant cannot be present during the preparation of the protocol, the application is drawn up in accordance with the procedure established in Article 143 of the Code of Criminal Procedure of the Russian Federation;
Article 306 of the Criminal Code of the Russian Federation implies liability for false denunciation, of which the applicant is informed at the time of drawing up the protocol and leaves his signature opposite the mark.

Before writing a statement about the beating to the police, it is better to contact a medical institution for help and at the same time take a certificate that will display the nature of the damage caused, the time of the complaint, information about the victim, recommendations of a specialist, etc.

Or, subsequently undergo a forensic medical examination by a specialist to whom the police will refer you after accepting the application for consideration. If the police refuse to initiate a case, write a complaint to the prosecutor's office.

Is it possible to withdraw a statement about beatings?

If a statement about beatings is filed, and even more so if a criminal case has already been initiated, the statement cannot be withdrawn.

A person, when filing a statement about a crime committed against him, must be aware that he is responsible for a knowingly false denunciation, and if the basis for withdrawing the statement is not having committed a crime, then in this case the person allegedly victim may be brought to criminal charges responsibility.

If the accused and the victim are reconciled, then this is the basis for termination of the criminal case, in connection with reconciliation in cases established by law.

Why do men beat women?

There are different cases, but violence cannot definitely be called male behavior. This is forgivable for a caveman, and not for a reasonable person living in the twenty-first century.

Self-affirmation . Mocking his wife is the only way for a weak man to strengthen his authority.

He makes the most of the bonus from nature - his strength. Even a reed boy, who weighs little more than a woman, can cause serious injuries in a state of passion.

Let's imagine a situation: a man is in a bad mood, he is like gunpowder: strike a match and he will explode.

Now the question is: how will a normal man relieve tension? He’ll go to the gym, get involved in a heated argument at work, vent to his friends, but he certainly won’t make the woman the culprit of all the troubles.

But for a weak individual, physical aggression is an opportunity to prove his power and superiority over his wife.

Sometimes the situation is different: for example, a woman received a promotion at work. Should we be happy? But no: the man is offended that his wife is the head of the department, and he is an ordinary office plankton.

The stars do not tell you to get up from the couch and work harder, so all that remains is to throw out your indignation at life with your fists.

This has happened before . Only with another woman - a mother. Surely the child got it too. As a result, he formed an idea of a family model in which the husband beat his wife - and nothing happened.

Mom didn’t fight back, didn’t leave the house, didn’t call the police. She simply took this attitude for granted.

Such cases are the most difficult for psychologists to work with, because the basic attitudes received in childhood are difficult to change.

The man (then a small boy) regularly saw how his tipsy father “rewarded” his life partner with spanks and slaps in the face.

You don’t need a special reason for assault: you over-salted the cutlets, didn’t iron your shirt, didn’t recognize in time that your husband was in a bad mood, and didn’t withdraw yourself.

Drunk. Alcohol and drugs disrupt all social settings and can turn an adequate person into a real monster!

The next morning the man greatly repents, swears his love, and begs for forgiveness. But next time everything happens according to the same scenario.

Jealousy . There is no faith in a person who today swears love and tomorrow hits the object of his adoration on the head.

This is a huge complex, damaged pride, a desire for dominance and total control... Anything, but not love. The psychologist's advice is very simple: such relationships need to be broken off.

Psychical deviations . Sadistic tendencies are manifested by a constant need to punish someone.

The domestic tyrant enjoys beatings and humiliation. He doesn't even need a formal reason for physical violence. The sadist does not consider himself to blame: it was the woman who forced him to take extreme measures.

She asked for it herself . Jokes, reproaches, mockery, reminders of worthlessness have an effect on the stronger sex, like a red rag on a bull.

Sometimes representatives of the fair half of humanity deliberately demonstrate their superiority. They behave as if a man is obliged to fulfill all their whims.

If a man hits a woman, psychology interprets this unambiguously: this act is abnormal and cannot be left unpunished.

Let him break walls, break dishes or run until he sweats in the gym.

How to bring the perpetrator to justice

If a person is hit, he must do the following:

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Remove the beatings. To do this, we go to the nearest emergency room. Even if a person was hit once, a bruise, abrasion, bruise, etc. could remain on his body. You should go to the emergency room as quickly as possible. This is especially true for light beatings, the traces of which disappear quickly enough.
Find witnesses to the incident. It could be anyone: friends, passers-by. Eyewitnesses will subsequently need to be identified in the statement.
Contact the police. You need to write a statement even if the victim does not know who beat her. Then finding the attacker will become the task of the police. If the culprit has escaped, he is put on the wanted list.