What is the time frame for conducting a forensic examination after a fight and beating, or how long can the beating be removed?

The legislation of the Russian Federation provides for liability for battery. Battery is understood as the commission of violent acts against another person, which resulted in the infliction of physical pain without short-term health impairment or minor loss of health (Article 116 of the Criminal Code of the Russian Federation). Battery may be classified as inflicted by feet, hands, or foreign objects. The main sign of beating is physical pain of the victim.

Situations in which beatings occur are considered intentional and provoked. In order to bring the perpetrator to justice, it is necessary to provide the competent authorities with evidence confirming the fact of violence on his part. We are talking, first of all, about removing the beatings. The procedure involves undergoing a medical examination or receiving assistance from medical specialists, who, after providing it, must make a conclusion confirming the fact of causing pain and bodily harm to the victim.

Responsibility for beating

Separately, it is worth mentioning beatings in the family. Previously, based on a complaint to the police about beating by her husband, criminal cases were opened. After the decriminalization of domestic violence, the situation changed.

Note!

Nowadays, for the first assault in a family, an administrative fine is imposed; criminal punishment is applied only in case of relapse.

Next, we will consider what the punishment for beating is, depending on the consequences.

Beatings

Battery refers to the use of force that causes pain but leaves no marks. The victim needs to write a statement to the police about causing bodily harm, a sample of which can be downloaded on the Internet or asked at the duty station.

Punishment for battery will be imposed if one of two conditions is met:

• hooligan urges;
• the presence of a motive of hatred towards a particular race, nationality, religious or other group.

Attackers face one of the following measures:

• compulsory work up to 360 hours;
• correctional labor for up to a year;
• suspended sentence up to 2 years;
• forced labor or imprisonment for up to 2 years;
• arrest for up to six months.

If the beating was caused by a citizen who had previously received an administrative punishment for the same act, he may receive:

• fine up to 40 thousand rubles;
• compulsory work up to 240 hours;
• correctional labor for up to six months;
• arrest up to 3 months.

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Causing harm to health

If the victim's health was harmed as a result of the use of force, the punishment will be more severe. The sanction depends on the severity of the consequences. If we are talking about minor harm to health, the court will choose one of the following penalties:

• fine up to 40 thousand rubles;
• compulsory work up to 480 hours;
• correctional labor for up to a year;
• arrest up to 4 months.

If the criminals were motivated by hooliganism, hatred of a particular group of people, or used weapons, they may receive:

• compulsory work up to 360 hours;
• correctional labor for up to a year;
• suspended sentence, forced labor or actual imprisonment for up to 2 years;
• arrest up to 6 months.

If a police report of beating is filed by a person whose health was moderately harmed, the criminals face:

• suspended or real sentence up to 3 years;
• forced labor for the same period;
• arrest for up to six months.

Aggravating circumstances are considered:

• two or more victims;
• commission of a crime in connection with the performance of official duties by the victim;
• the victim is a minor;
• commission of a crime by a group of persons;
• the presence of hooligan motives or motives of hatred towards a particular group of people;
• use of weapons.

In each of these cases, offenders can receive up to 5 years in prison.

Serious harm to health is considered to be the infliction of injuries that are dangerous to human life, causing disability, loss of organs, etc. This is punishable by up to 8 years.

The maximum limit increases to 10 years if the victim was a minor or helpless person, the criminals acted in a generally dangerous manner or for hire, used weapons, committed an attack out of hooligan motives or motives of hatred of race, religion, etc.

If a group of people participated in the attack or there were several victims, a prison sentence of up to 12 years may be imposed.

Note!

If the victim dies from his injuries, but the criminals had no intention of killing him, they will be sentenced to up to 15 years in prison.

Algorithm for the victim’s actions after beating

After beating, you must go to the clinic at your place of residence or call an ambulance, depending on the severity of the injuries. The victim must document the fact of beating for further development of the case (read how to document beatings here). At the clinic, doctors will examine wounds and bruises and issue a special medical certificate, with which you can contact the police.

Additional evidence of beatings may also include witness statements, photographs, video and audio materials.

A statement is filed at the police department with a request to initiate a criminal case against the person or group of people who committed the beating. A medical certificate confirming the act of beating, as well as other evidence, if any, is attached to the application. Witness testimony must be recorded in writing.

The question often arises: should you go to the police after a beating or go straight to court? There are several reasons to contact the police. Firstly, the attacker may be unknown to the victim, and then the police take measures to identify the criminal (viewing CCTV cameras, interviewing witnesses, etc.). Secondly, initially the victim’s injuries may be classified as beatings, but later serious consequences may develop. The injuries will be reclassified as serious, and the case will be reclassified from a private accusation to a public one. And then the investigative authorities draw up an indictment and submit it to the court.

Torture

Torture is the systematic use of violence. Moreover, we are talking not only about physical, but also psychological. In this case, the statement of beating to the police should indicate that the attackers periodically attack the victim. They face up to 3 years in prison.

If there are several victims of torture, the victim was attacked because of her official authority, the victim is pregnant, or the victim is a minor, the upper limit increases to 7 years. The same punishment is imposed for torture, commission of a crime by a group of persons or for hire.

Best Actions for a Defendant in a Battery Case

If the assault actually occurred, the best option for the defendant would be to admit guilt and voluntarily compensate the victim for damages. Such compensation can be either a verbal apology or payment of material compensation for moral damage caused and payment for treatment. You can learn about the features of compensation for harm caused to life and health from the article https://lexconsult.online/6114-protsedura-vozmeshheniya-vreda-prichinennogo-zhizni-ili-zdorovyu-grazhdanina. If, before the verdict is pronounced, the parties to the conflict reconcile and the plaintiff withdraws his statement, the judicial investigation will be closed.

If the plaintiff falsified the fact of beating, it is necessary to seek the services of a lawyer and in no case voluntarily confess to committing a crime.

Still have questions? Ask them in the comments to the article

When to file a police report about assault?

A complaint to the police about a fight must be accepted and considered within the statute of limitations. It depends on the category of crime. For example, beatings are considered minor acts. The statute of limitations for them is 2 years. Causing grievous bodily harm falls into a different category. For such acts, the statute of limitations is 10 years.

However, it is worth remembering that the sooner you report the assault to the police, the greater the likelihood that the offenders will be found and punished. The easiest way to solve a crime is without delay.

How to write and submit an order to remove the certificate of beating?

To bring the offender to justice, it is necessary to file a statement of beatings, as well as prove the infliction of physical pain on the victim. Where should I go? How to make an application correctly?

Where to apply and when?

1. The victim can contact the police with a statement, receive a referral for a medical examination, undergo it and wait to be summoned to court.
2. You can bypass the stage of contacting the police, undergo an examination yourself and apply to the magistrate, providing evidence.

The latter option is suitable if the victim knew the perpetrator, and there is no need to investigate the crime.

Attention! The deadline for submitting documents to law enforcement agencies should not exceed two years, since battery is a crime of minor gravity.

Prompt access to a medical facility always speaks in favor of the victim. If a long time has passed since the crime was committed, a week or two, the medical examination data may not record the presence of injuries.

What documents should I prepare?

In addition to a well-written application, the following documents may be required:

• original or photocopy of the applicant's passport;
• medical report confirming the fact of beatings;
• witness statements, video and audio evidence.

If the victim is under 14 years of age, a birth certificate will be required. If one of the spouses is the victim, it will be necessary to prove the degree of relationship.

To prove the fact of beating, it is not necessary to have witnesses or video recordings; a medical certificate is sufficient. However, if such evidence is available, it will significantly speed up the process of investigating the case.

How to write?

The application is drawn up in free form. Procedure for writing an application:

1. In the upper right corner you must indicate to whom the application is being sent: full name of the official, name of the institution.
2. The applicant's details are provided below.
3. In the center of the sheet you need to write: “Statement of a crime (assault).”
4. The application must contain a request to initiate a criminal case.
5. The application must indicate all circumstances relevant to the case:
   date, time and place of events;
6. the cause of the conflict;
7. recorded consequences;
8. data of persons willing to act as witnesses;
9. information about the person who committed the crime.
10. In addition to the applicant's full name, you must indicate his postal or email address for sending notifications and personal telephone number.
11. At the bottom, be sure to sign, date and list the documents attached to the application.

Important. When describing the incident, you should not go into details; you must indicate the time and place of the crime and provide brief information about the alleged criminals.

You can write about additional circumstances of the case: alcohol intoxication of the criminals, voiced threats and insults. The investigator will find out all other nuances of the case during interrogation.

The main witness of the application is the victim, he confirms the accuracy of the information presented.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

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Actions of the district police officer upon receipt of paper

If a citizen contacts the police with a statement about the beating, it should be considered: however, most likely the result will be the sending of the case materials to the magistrate. It should be remembered that law enforcement agencies are obliged to assist citizens in protecting their violated rights.

Upon initial contact

Upon initial application, the local police officer (militia) must consider the application and issue a referral for examination to the authorized medical authority.

The application form must contain a registration mark and the signature of the employee who accepted the document. After accepting the application, the victim must receive a notification coupon.

After the examination

A medical report will show the nature of the harm to health. If it is proven that light, medium or severe harm has been caused, the case materials are subject to review by police officers.

Attention. If harm to health is not proven as a result of the offence, the case will be sent to a magistrate to bring the offender to justice.

Expenses

Filing a police report is absolutely free. However, when trying to record the fact of beatings, several scenarios are possible:

1. If the beating is severe, you should call an ambulance. Medical workers are required to notify the police about the arrival of a beaten citizen, and the police will conduct an interview at the place of treatment. In this case, the fact of beating will be recorded free of charge. Payment will also not be required if beatings are recorded at the emergency room.
2. If you undergo a medical examination with a referral from law enforcement agencies, the removal of beatings will be free. However, in this case, the certificate will not be issued in person; it will be immediately sent to law enforcement agencies.
3. If a citizen decides to go to a paid clinic, they will have to pay from 2,000 rubles for the examination, depending on the region and the clinic itself. If photographs are attached to the medical report, the cost of the examination will be higher.

The amount spent on the medical examination can be recovered from the accused by including it in the total amount of the claim.

Terms of consideration

Typically, the consideration of an application for battery should not take more than thirty days. After this period, a decision is made to initiate or refuse to initiate a criminal case. In practice, consideration of the application may take longer, for example, if it is necessary to conduct a more detailed investigation into the circumstances of the case.

How to write a statement about beating?

If the victim was seriously injured and cannot personally file a statement of beatings with the police, it is necessary to call law enforcement officers to the scene of the fight. They may also interview the victim in the hospital.

If the damage allows you to reach the department yourself, do so immediately. A sample statement to the police regarding the fact of beating will be provided at the duty station of the nearest police station.

It must include a detailed description of what happened, indicate the persons involved, and indicate whether there were witnesses to the fight.

Note!

The duty officer must accept the document and issue a ticket. Within 10 days a decision will be made whether to initiate a case or to refuse.

Basic provisions

In the domestic legal framework, beating is understood as violent actions against a person that cause him physical suffering, but do not entail any consequences leading to short-term disorders or temporary loss of ability to work. It is worth noting that liability will occur only if it is established that the victim was struck several times. In the event that there was only one blow, the act will not be recognized as a beating, and the offender will not be held accountable, even if a statement is made against him to law enforcement agencies.

It is also worth paying attention to the fact that the category of “beating”, in addition to direct physical impact in the form of beatings, will also include some other actions of a violent nature, including pulling out hair, pinching the victim, scratching him and much more.

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The domestic legal framework establishes that punishment for beating will be determined only on the basis of a statement filed with the police. The statement will need to indicate all the circumstances that led to the beatings, as well as list all injuries and damages. Which the victim received. Based on the collected evidence and the statement, law enforcement officers will take the necessary measures to bring the culprit to justice, and based on what damage to health was caused, the offender will be punished in accordance with two articles of the Criminal Code of the Russian Federation:

1. Article 115 of the Criminal Code of the Russian Federation, which considers beating, due to which the victim suffered certain harm to his health and temporarily lost his ability to work. The culprit in this situation can count on a fine of 40 thousand rubles, imprisonment for 4 months, compulsory labor for 480 hours and correctional labor for 1 year.
2. Art. 116 of the Criminal Code of the Russian Federation, which studies all situations that do not fall under Art. 115. Thus, a beating that did not entail serious consequences for health will be regulated by this particular standard. And the penalties here will be somewhat milder, in particular, compulsory labor is assigned for a period of 360 hours, prison arrest can last about 3 months, and the fine will be the same 40 thousand rubles.

Sample statement to the police about beating

A police report for assault must include:

• name of the department and full name of its head;

• Full name of the applicant;
• circumstances of the attack - time, place, number of attackers, their data;
• a request to initiate a criminal case;
• signature and date.

When making a statement about an attack, remember about criminal liability for false denunciation. If the police determine that you have unfairly slandered a citizen, a criminal case may be initiated.

If you have been attacked, seek help from a lawyer. An experienced lawyer will provide a sample statement to the police about beatings, collect evidence, get a criminal case initiated and protect your interests in court. With the help of a specialist, the perpetrators will not escape punishment.

Consideration of the case in court

It should be remembered
Under Articles 116, 116.1 and 117 of the Criminal Code of the Russian Federation, as well as under Art. 6.1.1 of the Code of Administrative Offences, liability for assault occurs. The culprit may face both administrative liability in the form of a fine, imprisonment for up to 15 days or compulsory labor, and criminal liability in the form of correctional labor or forced labor, arrest for up to 6 months, restriction of freedom or imprisonment for a period established by the court.

After filing a statement, a judicial investigation will be opened against the person accused of assault. As part of the investigation, the accused, the victim, witnesses to the incident, as well as people who can characterize the accused and the victim will be interrogated. All information that the Ministry of Internal Affairs has about the accused and injured party, their earlier exposure to administrative and criminal liability, as well as other life circumstances will also be collected.

A claim for battery is heard by a lay court and the presence of a lawyer in such a case is not mandatory for each of the parties. The court hearing will be scheduled for a specific time.

At the court hearing, the court will once again interview the parties to the conflict and, if necessary, witnesses, take into account the severity of the crime, the presence of aggravating circumstances, the voluntary admission of guilt and repentance of the defendant, as well as evidence provided by the plaintiff as confirmation of the defendant’s guilt. A court verdict will be rendered based on all available information.

Criminal liability for battery. Find out how to protect your rights from this video

When is battery a crime?

were introduced to criminal legislation that came into force in July 2016 . In accordance with them, not all beatings are grounds for bringing the offender to criminal liability. Thus, the following acts will be considered grounds for punishment:

• Battering loved ones: children, parents, spouse, brothers, sisters, grandchildren, as well as grandparents;
• Beatings, the motive of which was hooliganism;
• Beating due to religious and national hatred.

Other cases of beating serve as grounds for criminal punishment only when the offender has previously been subject to administrative punishment and has already committed a similar crime.

Read more about personal injury in this article.

How long does it take to remove a beating?

The legislative framework of the Russian Federation does not establish time limits for the removal of beatings. But it is recommended not to delay the forensic medical examination procedure, but to carry out the necessary examinations no later than 24-48 hours from the moment of injury.

Benefits of early treatment to relieve beatings:

• the sooner the victim seeks medical help, the more accurately the doctor will be able to conduct an examination and record all traces of the beating;
• Providing first medical and psychological aid to the victim prevents the risk of wound infection and the development of complications due to the fact of the beating, which prolongs the period of disability and harm to the victim’s health;
• It is easier for medical specialists and law enforcement officials to determine the date of the beating.

If the time to see a doctor is delayed, traces of the beating may disappear, which complicates the recording of the beating.

How to prove beatings without witnesses

If at the time of the crime the citizen and the offender were alone, it is necessary to immediately call the police. They will inspect the scene of the crime to detect the crime weapon, traces of blood on the floor, walls, clothes of the alleged criminal, etc.

A detailed story about what happened, documented results of an inspection of the scene, and an examination of the collected biological material will help prove in court that the beatings were inflicted by the accused.

Video recordings made on a mobile phone will help prove the commission of a crime in the absence of eyewitnesses.

Note!

If there are no visible signs of beatings, you should consult a therapist with complaints of pain or malaise. This fact will be reflected in the medical record.

When can you file a claim for assault in court?

Battery and intentional infliction of minor bodily harm are acts of private prosecution. Cases for these crimes are initiated solely at the request of the victim.

To file a petition with the court, no preliminary investigation is required. Therefore, if the victim knows all the details of the offender, you can immediately file an application with the court and at the same time demand the initiation of a criminal case. In addition, through the court you can demand monetary compensation for damaged property and moral damage.

How to file an application to court

The petition must contain the following information:

• name and address of the court;
• details of the victim and accused person: full name, addresses, contact numbers;
• a brief and concise description of the circumstances, time and place of the crime;
• request to accept the case for proceedings;
• list of witnesses, their personal data;
• date and signature of the applicant.

Copies of all necessary papers are attached to the application, including the most important one - the medical examination report.

Why is an examination necessary after a beating?

Removal of battery is a procedure that is necessary to open official criminal or administrative proceedings. In some cases, the perpetrator may be held liable without identifying injuries on the victim’s body; however, the results of a medical examination may form the basis of the evidence base in the case.

The presence of a specialist’s conclusion confirming that bodily harm has been caused allows the victim or her representative to apply for compensation for the damage caused within the framework of the legal process. The amount of compensation will correspond to the degree of physical and psychological damage to the body and personality.

Legal interpretation of battery

Beating is the deliberate infliction of damage to the physical and, as a consequence, moral health of a person. Legally, beatings are interpreted as inflicting two or more blows or other violent actions on the victim with the intent to cause pain or injury.

The severity of the crime and the penalties for it depend on the degree of harm caused:

• serious crime - beating, which resulted in the intentional infliction of serious harm to the health of the victim or even his death;
• a crime of moderate gravity - the beating was inflicted intentionally and caused moderate harm to the health of the victim (read about the infliction of moderate bodily harm here).

The Criminal Code (CC) of the Russian Federation provides for punishment for beating under several articles:

Where are beatings filmed and how much does it cost?

Victims go to the emergency room to register the fact of beatings. A traumatologist examines the victim and issues a forensic medical examination report, on the basis of which the person can apply to the courts to consider the beating case.

Note!

An examination at the emergency room and the issuance of an official report is a free procedure; the doctor does not have the right to refuse the victim’s request for help.

You can also contact to record bodily injuries:

• to the emergency department of the nearest medical institution, specialists examine and record injuries;
• to private medical structures, in this case, in order to obtain a certificate of medical forensic examination, you will need to pay for services according to the clinic’s tariffs;
• in the event of severe injuries in which a person is unable to independently reach a medical center or trauma department of a hospital, it is necessary to call an ambulance service to the home for hospitalization and emergency assistance, relief from beatings;
• By contacting the police station, the law enforcement officer can refer you to a specialized department of the hospital to see a traumatologist.

During the medical examination the following information must be provided:

• indication of the specific location of each injury, with a detailed description of the nature of the marks of beating - abrasions, scratches, hematomas, cuts, puncture or cut wounds, concussion, bruises of internal organs;
• the circumstances under which the physical injuries were inflicted;
• exact date and time of examination;
• seal of a medical specialist and seal of a medical institution;
• an indication of the specialization of the doctor who examined the victim.

Note!

If there is a suspicion of a violent nature of the injuries, even if the victim tries to hide the fact of the beating, medical staff, according to the legislation of the Russian Federation, are obliged to report the appeal to law enforcement officials at the location of the medical institution and support the report with a copy of the patient’s examination report.

If you do not want the beatings to be disclosed, the victim may contact:

• to private paid clinics that do not have direct instructions to report to law enforcement agencies, and receive a conclusion anonymously - the cost of the certificate will be 3-5 thousand rubles;
• In non-state accredited expert institutions that conduct independent forensic medical examinations for a fee, there is no mandatory procedure for sending a copy to the police department. The cost of paid services ranges from 10-15 thousand rubles.

If the opinion changes and the certificate of beating is added to the lawsuit regarding the consideration of the fact of beating, the court may not recognize such evidence, casting doubt on its reliability. A repeat forensic medical examination may be ordered as part of a pre-investigation review of the circumstances in the beating case.

Note!

A private medical institution must be certified, have the necessary license to provide medical services, and staff qualifications to examine beatings.

What to do when the beating is not removed, time has passed and the traces are not visible

In the event that traces of beatings were not officially recorded within the permissible period, it remains possible to testify to the fact of beating. To do this, it is necessary to involve persons who witnessed the commission of violent acts (if any). Their testimony must be officially approved, as it may be needed for presentation in court.

Other obvious circumstances may also serve as evidence:

• The obvious noise of a quarrel, which was heard by strangers;
• Interior elements damaged as a result of the conflict;
• The weapon of the crime is the object with which the beating was inflicted;
• Other facts confirming violence.

In addition to witness testimony, you can also use photos, videos, audio recordings, and screenshots of correspondence. For example: the victim was threatened with beating for some time before it actually happened.