Intentional injury to health is punishable by law. In practice, cases of beatings often remain unattended even after repeated complaints to law enforcement agencies.
Often people who unwittingly fall under the hot hand have to put up with injustice. Choosing such tactics for yourself is not the best option. You need to defend your rights to the last using all possible legal means.
The article for beating a person implies punishment up to imprisonment for a term of up to 15 years. It all depends on the severity of the harm caused.
Punishment
What punishment is chosen and how many years they give for beating a person is influenced by a number of factors that have already been mentioned.
The maximum term is 15 years, provided for by the most severe article in this area - 111 of the Criminal Code of the Russian Federation - serious injury to health.
Article 111 of the Criminal Code of the Russian Federation . If the victim was deliberately inflicted with serious harm to health, life-threatening, or this led to loss of hearing, vision, speech, internal organ or stoppage of its functioning, termination of pregnancy - punishment is provided in the form of imprisonment for a term of up to 8 years.
A similar punishment is threatened if, after the beating, the victim’s face is disfigured, a mental disorder is diagnosed, or he becomes addicted to drugs (substance abuse), or completely loses his ability to work or at least a third.
The same crime is punishable by imprisonment for up to 10 years, with or without a limitation of up to 2 years, if it is committed:
- In relation to a person performing a public duty, carrying out official activities or his relatives;
- In relation to minors or helpless people, obviously innocent;
- For hooligan reasons/in a generally dangerous manner/for hire/for reasons of hostility/for the purpose of sale, transplantation of organs or tissues/using weapons or objects as such.
Punishment of up to 12 years with or without a limitation of up to 2 years is given when the above crimes are committed by a group of persons or in relation to 2 or more persons.
And if there is a death, the penalty is up to 15 years. In other articles the punishment is less.
Aggravating circumstances
Liability for assault of moderate severity is regulated by Article 112 of the Criminal Code of the Russian Federation. According to the same regulatory legal act, the following are recognized as aggravating circumstances:
- Assault by multiple persons.
- Causing harm to health by a group of persons by prior conspiracy.
- Committing a crime with hooligan motives.
- Use of a weapon during beating.
- If the beatings were inflicted due to racial, political, religious hostility.
- Assault on a minor.
It should be noted that with this type of crime, deprivation of liberty does not always occur. So, if beating caused physical pain, but did not bring serious consequences, then liability will be considered under Article 115 of the Criminal Code of the Russian Federation in the form of:
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- Material penalty – in the amount of 5,000 to 30,000 rubles.
- Arrest for a period of 10 to 15 days.
- Mandatory work lasting from 60 to 120 hours.
If harm to health entails consequences that lead to temporary loss of ability to work, provoked long-term deterioration in health, and there are other negative consequences, the following sanctions may be applied:
- Correctional labor for up to a year.
- Mandatory work lasting up to 360 hours.
- Forced labor for up to two years.
- Arrest for up to six months.
- Imprisonment for up to two years.
- Restriction of movement within the territory for up to three years.
It should be noted that Article 112 of the Criminal Code of the Russian Federation does not provide for administrative punishment. So to speak, it will also not be possible to “get off” by paying only a material penalty.
The punishment for beatings of moderate severity according to the Criminal Code of the Russian Federation can be mitigated only if the offender repents and also provides all possible assistance in restoring the health of the victim.
Please note that responsibility for assault of moderate severity begins at the age of 14, and not at 18, as many believe.
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.
What to do if you were beaten?
In fairness, it should be said that beatings are not so uncommon in the family - a husband beats his wife, parents “raise” a child, and so on. In these situations, the victim most often simply endures, and very rarely turns to the police for help, which is a huge mistake - the criminal, feeling impunity, continues to commit outrages.
What should a person who has been beaten do? A reasonable decision would be to write a statement to the police, and also go to a medical institution for help and relief from the beatings.
If possible, it is better to write a statement immediately after committing a crime. According to Article 141 of the Code of Criminal Procedure of the Russian Federation, the following factors should be taken into account:
- The application may be submitted in writing or orally. In the latter case, the victim’s testimony will be recorded in the protocol.
- If the victim cannot personally submit an application, then the crime must be recorded in accordance with the procedure in Article 143 of the Code of Criminal Procedure of the Russian Federation.
- If the victim was not actually beaten by the person he indicated in his statement, then he faces liability for false denunciation under Article 306 of the Criminal Code of the Russian Federation.
Punishment for beating a minor can be qualified under the article of the Criminal Code of the Russian Federation “Torture”, and this is already from 3 to 7 years of imprisonment.
The most common cases of violence and responsibility for them
Crimes against the person arise on the basis of hostile relationships not only between strangers.
Often close people, relatives or lovers become opponents, which in itself is wild and should not happen.
However, a person without proper training is poorly able to control emotions and such cases are not uncommon.
A guy beat a girl: consequences
The punishment is directly proportional to the severity of the harm caused. The degree of severity is determined by a forensic medical examination.
If slight harm to health is caused, i.e. – who caused a short-term health disorder or persistent, minor loss of ability to work, for the crime the court, guided by Article 115 of the Criminal Code of the Russian Federation, may assign:
- Fine up to 40 thousand rubles;
- A fine in the amount of salary or other income for a three-month period;
- Mandatory work up to 480 hours;
- Correctional labor for up to 1 year;
- Arrest for up to 4 months.
If at the time of the attack a weapon or objects used as such were used, the punishment may be in the form of:
- Compulsory work for up to 360 hours;
- Correctional labor for up to 1 year;
- Forced labor for up to 2 years;
- Restrictions of freedom for up to 2 years;
- Arrest for a period of 6 months;
- Imprisonment for up to 2 years.
When harm to health is of moderate severity (long-term health disorder, significant permanent loss of ability to work by less than a third), the act is subject to qualification under Article 112 of the Criminal Code of the Russian Federation and is punished more seriously.
It is important that the beating does not result in the consequences specified in Article 111 of the Criminal Code of the Russian Federation (serious harm to health).
What does a guy face for beating a girl in this case:
- Restriction of freedom up to 3 years;
- Forced labor for up to 3 years;
- Arrest up to 6 days;
- Imprisonment for up to 3 years.
The consequences of causing serious harm to health are described above (Article 111 of the Criminal Code of the Russian Federation).
Wife beating by husband: consequences
What does a husband face for beating his wife, according to the law? Batterings inflicted once on close relatives are classified as administrative offenses. Battery is the infliction of physical pain in the absence of the consequences specified in Article 115 of the Criminal Code of the Russian Federation (minor harm).
If harm to health is established, the act is qualified by Articles 111, 112,115 of the Criminal Code of the Russian Federation.
If violent actions are repeated systematically, the act is qualified under Article 117 of the Criminal Code of the Russian Federation (torture), which provides for punishment in the form of restriction of freedom for up to 3 years, forced labor or imprisonment for the same period.
Repeated beating by a person previously brought to administrative responsibility under this article is punishable by:
- A fine of up to 40 thousand rubles, or a fine in the amount of wages for a three-month period
- Correctional labor for up to six months;
- Compulsory work for up to 240 hours;
- Arrest for up to 3 months.
Beating of minors
The minor age of the victim is an aggravating circumstance.
There is no separate article in the criminal code, only the article of the Criminal Code for beating minors “Torture” contains information about punishment in the form of imprisonment for a term of 3 to 7 years (both physical and psychological influence are taken into account).
The preventive measure is selected depending on the severity of the consequences - according to the articles described above.
If a minor is beaten by a person entrusted with the responsibility for his care, education, provision of social and medical services, this is also considered an aggravating circumstance.
Punishment under articles depends on many factors. Among them are the age of the victim, the position and status of the people, the characteristics of the person who committed the crime (if we have been previously convicted, the consequences will be sadder), the nature of the act (use of weapons, enmity, hatred, public place) and much more.
We strongly recommend that you be more restrained, learn to control your emotions, move away from the source of irritation in case of provocation, etc.
Even if you exceed self-defense, you can become criminally prosecuted and ruin your life and reputation.
Punishment for beating a person
Articles 116.1 and 115 part 1 of the Criminal Code of the Russian Federation refer to private charges and are considered in the magistrate’s court at the request of the victim. The case may be dismissed upon reconciliation of the parties.
Article 116 relates to private-public prosecution. Its difference is that the offender will be punished even if the victim withdraws all claims.
Punishment for beatings provides alternative options:
- correctional or forced labor;
- arrest for up to six months;
- from four months to two years of imprisonment;
- fine up to 40 thousand rubles (under Article 115 of the Criminal Code of the Russian Federation).
Mitigation of punishment is possible if the defendant compensates for the harm caused to the victim. Aggravating circumstances include beatings committed against defenseless persons (old people, disabled people).
Art. 112 of the Criminal Code of the Russian Federation carries a maximum sentence of up to 5 years (with moderate harm).
Art. 111 of the Criminal Code of the Russian Federation – serious bodily offenses: provides for a maximum term of 15 years.
