Torture is a rather serious type of crime. For the population of the Russian state, unfortunately, such a form of breaking the law has long been not uncommon. Next, we consider article 117 of the Criminal Code of the Russian Federation, which establishes the corpus delicti, as well as sanctions for its confirmation.
Corpus delicti
Torture is a violation of the law in which the offender periodically uses physical force against a person. To classify the actions of the criminal under Article 117 of the Criminal Code of the Russian Federation, it is necessary to pay attention to a number of signs of violation of the law:
- Infliction of harm to health should be recorded by the appropriate medical commissions. You must also obtain a special certificate of physical suffering or damage to the psyche. The conclusion of the forensic medical commission will be further considered as evidence for the capture and punishment of the offender.
- The damage caused should have a more severe degree than that indicated in the articles of the Criminal Code of the Russian Federation on beatings or light damage. It is necessary to fix the frequency of harm.
- The age of the offender must exceed 16 years.
- The accused must be aware of his actions.
To initiate a criminal case, it is necessary to take into account all the factors presented.
Features of the crime
What is the objective side of the crime made up of? The comments on the Criminal Code of the Russian Federation, article 117, refer to the systematic infliction of beatings, infliction of mental suffering or other violent acts.
The subjective side is the attitude of the guilty person to the crime committed - in this case, to torture in the form of direct intent. A guilty person who is aware of his actions will be subject to criminal liability. If special commissions can establish that the offender was in a state of passion, then the punishment will most likely be replaced by compulsory treatment.
Differences from beatings
The main difference between torture and beatings is the frequency of the crime. According to Article 117 of the Criminal Code, an act that violates the law must be repeated periodically. Damage should cause pain. In this case, damage caused to body tissues or organs should be recorded by special expert commissions.
The time frame in the torture is not exactly set. Here the judge will make a decision based on the materials provided. The frequency of the harm is important.
It is also worth noting that the result of torture should be a temporary disability. Judicial practice fixes a period of 3 weeks or less.
Types of Crime
Torture can take several forms. Based on the types of crime, it is necessary to distinguish the following types of harm:
- Physical. Impact on the skin, on the internal organs or sensory organs, the periodic infliction of pain - all this can fall under Article 117 of the Criminal Code of the Russian Federation “Torture”. The crime in question can be confused with beatings or light physical harm, so we repeat that the main feature of the torture is the frequency of harm.
- Mental. Article 117 of the Criminal Code of the Russian Federation considers the infliction of mental suffering, coupled with physical, as an integral crime. Atrocity consists in the periodic use of methods of negative effects on the mental health of a person. Woe, an aggravated feeling of discomfort, fear, loss of self-esteem - all these elements can become part of a crime with proper proof.
Subsequent punishment will be determined depending on the severity of the harm caused.
Where to go?
According to article 117 of the Criminal Code, torture is a serious crime. After all, if the rapist is not stopped on time, then everything will end extremely poorly. With the appeal to law enforcement bodies should not be delayed. Do not wait until the beatings turn into torture.
However, in the case of domestic violence, everything is very complicated: people do not want to write a statement to their loved ones, and therefore they suffer bullying by a tyrant for a long time.
And yet, what exactly should the victims do? First you need to contact the police at the place of residence. The officials will give a referral for a medical examination, after which the beatings will be removed. With a statement from the expert commission, you must go to the court. Based on the results of the examination, the lawyers will tell you exactly where to go: to the magistrate's court or district court. The fact is that the justice of the peace does not have the opportunity to consider particularly serious crimes.
Responsibility for torture
Torture cannot be an offense. This is a typical type of crime for which criminal sanctions are imposed. Article 117, which characterizes torture, is divided into two parts:
- The first half tells about ordinary physical harm.
- In the second - about possible aggravating circumstances.
If regular beating or mental stress on a person does not cause serious harm to health, then liability is established under subsection 117 (1). The law establishes three years of house arrest or the same period of forced labor. In exceptional cases, a three-year imprisonment is also possible.
In h. 2 Article 117 of the Criminal Code tells about crimes, taking into account aggravating factors. This includes the pregnancy of the victim, the use of torture, the hired nature of the crime, the group committing acts, the presence of two or more victims, the commission of a crime in the family and much more. In all these cases, the court may impose a sanction of imprisonment for a term of three to seven years.