In order for the police to respond to the complaint “I was beaten”, reliable evidence must be provided, confirmed by a medical examination. Fights between people usually begin with verbal conflicts. When there are not enough arguments, they try to confirm their case with fists, slaps. Law enforcement agencies often have to explain to participants in disputes that a mere allegation of “I was beaten” is not enough to initiate a case under the Criminal Code of the Russian Federation for the beatings.
Family problems
To qualify the misconduct, the investigator must verify the commission of a socially dangerous crime with an encroachment on the welfare of the citizen. Citizens use a short phrase when applying for help: "I was beaten." It is necessary to confirm receipt of blows on the face or body that deliver pain.
Women often suffer from violent harassment, family oppression by husbands or cohabitants. And they do not always receive sympathy and response at the instances to the complaint “they beat me up,” because not everyone wants to get involved in domestic problems, personal squabbles inside married couples. Sometimes wives are blamed for inconstancy. Today they are in a quarrel and are ready to file an application, tomorrow the spouse will sober up, bring flowers, offenses will be forgotten, and the victim will withdraw her complaint.
How to determine the degree of assault?
The culprit must be punished, as all Russian codes say. The Constitution of Russia provides protection from violent attacks on the life and health of a citizen, and guarantees the execution of sentences. According to Art. 116 of the Criminal Code of the Russian Federation beatings belong to deliberate actions that caused physical suffering from pain if they were committed without violating the functionality of vital organs.
Such misconduct includes causing discomfort to health with the help of:
- strokes of different power effects;
- tweaks, injections;
- scratches, pressure on parts of the body;
- pulling out the hairline.
Single strikes without consequences, traces and loss of ability to work under Art. 116 of the Criminal Code of the Russian Federation are not qualified as beatings.
What are the penalties for the consequences?
Such a distinction between willful assaults provides for the protection by law of personal integrity. If serious injuries are inflicted, harm to the body, a more serious condemnation will follow. When a medical examination gives an opinion on the severity:
- light wallpaper is condemned under article 115 of the Criminal Code;
- according to Art. 112 define responsibility for delivering medium shots;
- for brutal beating - Article 111 of the Criminal Code, the norm is provided for crimes after inflicting severe consequences on the body.
The level of health loss, how seriously the damage is caused to external and internal organs, is determined by forensic doctors. The court does not accept the findings of ordinary medical staff. The amount of sanction depends on the competence of the judge and the seriousness of the crime:
- deprive or restrict in freedom:
- 40,000 rubles are awarded. a fine;
- appoint compulsory or corrective labor.
What do spouses do?
It becomes clear why women refuse to charge. An overwhelming quitrent is imposed on the family. In this case, the convicted person comes back and begins to mock with renewed vigor, leaving no obvious traces. But completely, suppressing the will and desire to live. Fear accumulates in the soul of the unfortunate woman, she still needs to work hard to pay the penalty debt. The question will never arise again: I was beaten, what should I do?
Such situations arise if the spouse is defenseless, she does not have influential, physically strong relatives. When patience disappears, there is no hope for law enforcement, they take extreme measures: they kill themselves or the hated torturer at the time of his drunk forgetfulness. Proof of this is the increase in female crime.
Legislative innovations
Perhaps the changes and the new edition of Article 116 will change the situation of the humiliated and offended:
- beatings are no longer considered simple if they were received from a close relative or family member, and they are equated to hooligan misconduct, increased liability with imprisonment up to 2 years;
- beating by a spouse is qualified by public-private prosecution, which allows attracting criminals to punishment in a simpler manner;
- the first violation provides for administrative liability, the second is considered a relapse, the offender will be punished under a criminal article.
The arrest was removed from the article, it was still not applied in practice. There was nowhere to keep the convicts for 3 months. Replaced the punishment with penalties that will be deducted from the salary, the executive body must employ those who are unemployed.
Influence of circumstances
Anything can happen in life. It is not necessary that a monster husband be present in it. Citizens of both sexes turn to the police with a statement: "I was beaten in the street." Since crimes of this nature belong to private charges, they will have to prove the guilt of the offender. Here the law of presumption of guilt affects. This means that a person can not testify against himself, whoever blames is obliged to confirm the facts. Changes and amendments give the courts and law enforcement agencies more chances to protect the injured party after physical violence in the family.
Previously, they had a difficult choice of what to do:
- protect victims from beatings or on a private charge or leave this problem to themselves;
- leave a question with liability under article 116 or re-qualify in art. 117 to really condemn with imprisonment.
The current adjustments now do not allow choosing, the prosecutor will support the injured party in initiating proceedings.
Procedure
The actions of the victim must take place sequentially. The general order consists of the following process:
- an application is submitted with an accurate description of all circumstances, blows, places of harm and pain from violence;
- must be missing any false data, fantasies;
- police officers will conduct a pre-investigation check;
- will interview witnesses and participants in the dispute;
- refer the victim to a medical examination.
The injured from beating may himself turn to the doctors, authorized to issue such conclusions, so that the traces do not disappear from time to time.
Dates of the beatings examination
The laws do not have specific restrictive periods for conducting examinations. Doctors recommend conducting them as soon as possible, since serious damage due to the duration of all stages of the investigation and proceedings simply heals.
Inspections are carried out in various qualified institutions:
- judicial departments;
- correctional facilities;
- hospitals
- forensic services.
The conclusion may be affected by:
- term of circulation;
- human physiology;
- medical indications.
Forensic medicine and law enforcement practice show that the best solution for removing beatings is time for 2 days. These time frames do not yet allow the hematomas to disappear, it is natural to heal small wounds and abrasions.
In addition, the victim is still fresh in memory for:
- event recovery;
- details;
- persons;
- items.
These details will be needed to complete the information when filling out the application.
When undergoing forensic examination, the procedures are performed in the sequence:
- after a preliminary survey of the victim, the doctors describe in the outpatient map a visual picture of the beating;
- request documentation from emergency doctors, protocols;
- conduct a comprehensive examination.
The expert opinion will reflect the opinions of specialists, the level of lesions will be determined.
Beating Statement
When the victim himself decided to deal with the offender who inflicted physical harm on him, you need to consider:
- each case where harm is caused to health is unique and individual;
- a single algorithm of what to do cannot be formulated;
- legislation is always useful, but even this does not give a full guarantee in a positive result;
- the outcome depends entirely on all factors.
The application will be accepted in any form:
- magistrate's Court;
- Department of the Ministry of Internal Affairs.
The document indicates:
- body to which the complaint is sent;
- names of parties to the conflict;
- describe in detail the circumstances of the criminal act;
- indicate witnesses;
- sign and date.
The sample will help you fill out the form more accurately.
The application is a medical examination with the conclusion of the degree of damage. The case will be dismissed if the applicant withdraws his application and refuses the charge.