Some people prefer to resolve any issues solely from a position of strength. But by physical action it is not always possible to achieve the desired result. Most often it turns out quite the opposite. And in time, a written statement about the infliction of beatings can even harm the "seeker of justice."
How to respond to a beating
If one of the parties, while resolving the conflict situation, inflicted bodily harm to the other side, then by its actions it violated the law and should be punished for the act committed. The victim may demand that the offender be held accountable. To do this, you must write a statement about the infliction of beatings. This can be done at any nearby police station. First, the applicant will be given a referral to undergo a medical examination. After the examination, the doctor fixes all the injuries and injuries in the medical record, and a certificate of the corresponding sample is issued to the citizen. And already in the presence of this certificate, a statement is filed about causing beatings. Such a document is drawn up in any form and is addressed to the head of the corresponding department. It is necessary to state all the circumstances of the incident, indicate possible causes and recorded consequences. The statement must indicate the exact date of the incident. In addition, it is necessary to indicate possible witnesses who will be able to confirm the applicant's words.
Who has the right to write a statement
After the beatings were officially recorded, the victim does not have to contact the police himself. This can be done by his authorized representative. He has the full right to draw up a statement on the infliction of beating indicating the requirements for holding the perpetrator accountable. After registering such a document, law enforcement agencies are required to understand the circumstances of the incident and, if necessary, open a criminal case. Then they will have to find the violator and get the necessary explanations from him. Together with the results of the investigations, documents are submitted to the court for decision. The victim will act as the prosecutor along with the witnesses, and the accused has the right to attract a legal entity (lawyer) for his defense. If the guilty party is able to resolve the issue peacefully before, the injured party has the right to withdraw his statement. In this case, the criminal case is suspended and the trial does not take place.
Important circumstances
Not every bodily injury allows the victim to write a statement about the infliction of beatings. Article of the Criminal Code No. 116 gives a clear definition of what exactly is called beatings. From a legal point of view, these are various violent acts that cause physical pain to the victim, but do not lead to health problems or even short-term disability. That is, there are facts of damage (wounds, scratches, bruises, bruises, abrasions) that did not entail serious injuries and did not contribute to the loss of health. This can also include tearing, pinching or squeezing. In other words, there is a mild crime. And for such an offense, a private citizen statement is sufficient. In addition, it is worth noting that a single damage is not considered to be beatings. An action of this kind must be performed many times. Another characteristic of beatings is intent. That is, actions must be performed for some specific purpose (intent). It can be jealousy, revenge, resentment or just personal hostility.
Size of punishment
Any illegal action using physical force from another person can be stopped by writing a statement about causing beatings. Article 115 of the Criminal Code of the Russian Federation determines the size of the possible punishment of the offender, if the actions were committed intentionally, and health damage was inflicted to a mild degree. Such actions entail punishment in the form of a fine or imprisonment for up to two years. In the course of the proceedings, various circumstances may be revealed. For example, the prosecution will be able to prove that the harm was committed for political reasons or as a result of racial, national, ideological, religious hostility. Perhaps the criminal act was the result of hatred against any of the social groups. In this case, the punishment will already be a little tougher. The guilty person can be arrested or imprisoned for a longer period (up to 2 years). It is likely that he will be assigned forced labor, but the time he will serve the sentence will not exceed 24 months.
Features of choice
There are cases when the perpetrator (one or a group of persons) systematically inflicts beatings or other violent acts, thereby inflicting mental or physical suffering on the victim. Such actions already comply with Article 117 of the Criminal Code of the Russian Federation and qualify as torture. In this case, the law provides for a more severe punishment. The culprit may be sentenced to three years in prison or to forced labor for the same term. In any case, a statement about the beating is required. Which article will be applied, and what characteristic is given to the committed actions, the court will decide. Legally, he will consider all the circumstances of the case and make the only right decision. During the preliminary trial, the victim has the right to familiarize himself with the materials of the investigation and to keep abreast of what is happening. And in case of disagreement with the decision made, the injured party may appeal.
Sequencing
After committing an unlawful act on the part of the offender, the victim must submit an application for causing beatings. How to write it and what to do next - they will tell him there, at the police station. If a person really intends to punish the offender, then his next step will be a statement to the court (namely, the Justice of the Peace).
The following information must be present in it:
- To whom the document was sent (name of the court).
- Information about the applicant (victim). They include the full name, information from the identity card, address of residence (registration).
- Information about the intruder (if any).
- Request to the court for consideration and adoption of a criminal case.
- Description of the offense (place, time, circumstances).
- List of available witnesses who agree to testify in court.
- Date of filing and signature of the applicant.
After this, it remains only to wait for an invitation to court to consider the case.