A fairly common form of violence is beatings. An article that points to possible and appropriate measures to prevent an act of this type is in the Criminal Code of the Russian Federation. It has the name "Beatings." You can find this chapter under the number 116. Depending on the situation, the court may impose various measures to prevent a repeated violation. Next, we will get acquainted with the text that is regulated by article 116. Beating is far from the most dangerous phenomenon. But it still violates the inviolability of man and person. So, it is necessary to somehow deal with this act. In Russia, this is done through criminal prosecution.
Terms
It is important to clearly understand what kind of violation we are talking about before starting the process of studying the article. After all, a specific definition should be available for each act. Otherwise, you can get confused in the articles of the Criminal Code. And even more so, in possible penalties.
Beatings are blows inflicted on a person. You could say beating a citizen. It should be noted: - from a legal point of view, beatings are called repeated and targeted strikes. If someone suddenly gives you a nose, this is not a beat. Article number 116 of the Criminal Code of the Russian Federation will not be applied.
But if, suppose, then a fight broke out between you and the offender in which blows were inflicted, then the crime can be considered completed. No one is fully protected from beating. It has already been said that this is the most frequent violation that is committed in Russia daily and is not accompanied by danger to the victim. Unless it causes slight harm and cosmetic inconvenience.
Money is everything
The first thing you need to pay attention to is that article 116 of the Criminal Code (“Beatings”) provides for the punishment of a fine. Money is the main punishment for a mild crime. And our case is one of them.
How much will you have to pay for the beatings? The exact amount has not been established. Instead, the code indicates only limitations. Fixed payments for beating cannot exceed 40,000 rubles. In some cases, the defendant may be taken away any of his income that was received for a period of not more than 3 months.
It turns out that the beatings (article number 116 of the Criminal Code) can be paid to some extent by the state. The offender is able to pay off and be released. Yes, a criminal case will appear on him. And in some situations it can serve as an aggravating circumstance. But in this case there will be no prison sentence, which everyone fears so much.
Everything to work
What else is provided for in Article 116 (“Beatings”)? Punishment for a perfect violation can be expressed in various forms. Without aggravating circumstances, the offender can be assigned social work. Have to literally work out for a fight.
Mandatory and remedial work takes place. Their duration varies. In the first case, more than 360 hours cannot be assigned. This is about 15 days, in practice, the sentence is "stretched" for about a month. When it comes to correctional labor, the maximum laid down for beatings (Article 116) is six months. And nothing more. Tolerant, albeit unpleasant. But that is not all. After all, criminal offenses themselves do not close so easily.
Under arrest
The arrest is another measure that is envisaged as responsibility for the fight. True, in reality, it is almost never used. But, according to the text that article 116 of the Criminal Code shows us, beatings can be punished precisely by arrest.
He is superimposed on the culprit for a maximum of 3 months. But in reality, for the most ordinary fight, they are used to delaying no more than 15 days. This is a kind of unwritten rule that takes place in practice, but is not prescribed by law. Although some courts and investigative committees may clearly follow directions in the law. So, we can hope for an arrest of up to 3 months. Such rules apply in Russia.
Hooliganism
Article 116 of the Criminal Code of the Russian Federation (“Beatings”) also prescribes separate measures for this act, if a specific motive for the crime has been established. More precisely, when the offender simply acted for the sake of hooliganism. This is a more serious crime than a normal fight between citizens. So, she is punished much more seriously.
The beatings (article number 116 in the Criminal Code of the Russian Federation), which were inflicted out of hooligan motives, can no longer be covered by monetary penalties. Only serious preventive measures! Mandatory work - this is what most often acts on such criminals. Put a maximum of 360 hours. Or you can "get off" with the help of correctional labor. It is already significantly different from the previous case. Now we can hope for 1 year of correctional labor. Forced labor also takes place - 24 months maximum.
It is also possible arrest (up to six months), restriction of liberty (2 years), as well as imprisonment. The latter measure is considered the most serious. And its duration is capable of 24 months.
Politics and Religion
The beatings (the article we are studying is almost over) can be inflicted due to political differences or due to religious beliefs. In Russia, such acts are punished really seriously. After all, Nazism, racism and other forms of infringement of the constitutional rights of citizens are unacceptable. This means that criminals will be fully responsible for the beating.
How exactly? In the same way as in the case of hooliganism. The law prescribes that community service of a compulsory, corrective and compulsory nature is appointed within 15 days, 1 year and 2 years, respectively. In fact, in the presence of political differences, the participation of ideological interests and other infringements of rights and religion, such a measure is not taken.
But such a crime is quite successfully punished in the form of arrest for 6 months or as a conditional sentence of up to 2 years. In principle, most often such criminals are fought with the help of their detention. 24 months in prison is a worthy punishment for someone who has violated the law and beat the citizen due to some disagreement in these areas.
Decriminalization
So we figured out what was supposed to be the beating. An article of the Criminal Code prescribes all the instructions regarding this issue. Only in Russia recently it is proposed to abolish criminal liability for this violation. And replace it with an administrative one.
That is, you will have to pay for the beatings. And nothing more. This proposal caused a lot of controversy. Therefore, for the time being, criminal liability is provided for. If decriminalization occurs, then, most likely, the growth of real crime will only increase. Indeed, now many are afraid of arrests and imprisonment. And when only a fine is imposed, violators will feel their impunity.