Beating a person or committing other violent acts against him that caused physical pain, but did not lead to the intentional infliction of even slight damage to health, stipulates Art. 116 hours 1. The second part of this article describes the assault on hooligan targets, based on ideological, racial, religious, political hostility or hatred against any group of people.
An object
The object of a crime is what the illegal act is aimed at. In each situation, it can be different. The object of this criminal act is relations in society, which ensure the right of any person and citizen to physical safety and health.
Objective side
This side of the criminal act, which is described in Art. 116 h. 1 and h. 2, expressed in the following actions.
- Beating a person.
- The commission of other unlawful violent acts that caused the citizen physical pain. But this is provided that these actions did not lead to harm to health.
Therefore, beatings should not cause significant harm. These are actions characterized by repeated striking to the injured person (three or more). Other unlawful acts of a violent nature that cause physical harm to a citizen include the following factors.
- Inflicting individual blows to the victim.
- Shocks with sharp objects, tweaks.
- Settlement on injured animals.
- The effects of fire on the body, etc.
This composition of the act is formal, and it is regarded as completed from the moment of its implementation, provided for in the crime (regardless of the occurrence or non-occurrence of undesirable consequences).
In the event that, due to beatings or other acts of a violent nature, regulated by Art. 116 h. 1 of the Criminal Code of the Russian Federation or h. 2, there will be harm to health of varying severity, then these acts are qualified under other articles.
The subjective side and the subject of a criminal act
The subjective side has an intentional form of guilt in the form of indirect or direct intent.
Indirect intent - when a person understood the social danger of his illegal act, suggested the possibility of undesirable consequences, but consciously allowed these consequences or was indifferent to them, although he did not want them to come.
Direct intent - when a person realized the social danger of his inaction or actions, foresaw the inevitability or the possibility of undesirable consequences. He wanted them to come.
Subject of criminal act
The subject of a criminal act, Art. 116 h. 1 of the Criminal Code and h. 2 is a person whose age is not less than sixteen years. Also, a citizen should be considered competent. There are no other restrictions.
Punishment
Art. 116 h. 1 punishment provides for a fine. Its size can reach the amount of earnings and other income of the offender for a period of not more than three months. Punishment can also be imposed in the form of compulsory or correctional labor or in the form of arrest.
Part two of the article, in contrast to Art. 116 h. 1 of the Criminal Code, the punishment provides for in the form of compulsory or correctional labor. And also it says about the possibility of restricting the freedom of the criminal, about the arrest, including forced labor.
Actions after beating
After beating, it is necessary to fix them in the emergency room. If the victim is held in police custody, it must be requested to record the fact of bodily harm. You also need to write a statement about the incident to the prosecutor or the police.
Arbitrage practice
Judicial practice shows that before the process under Art. 116 h. 1 and h. 2 reach a smaller part of the cases. This is especially true for proceedings between spouses in an official marriage. It causes impunity. Rarely are spouses who continue to commit unlawful acts liable for this before the law. To prosecute for beating, it is recommended to consult a specialist - a lawyer. He will hold the necessary pre-trial measures, draw up the petitions correctly, prepare a statement to the judicial authority and act as a representative during the process.
There are situations when after beating, further consequences may occur, indicating a deterioration in health. For example, a woman was injured, which she did not record and did not contact the police. A month later, there were consequences associated with earlier beatings. Headaches began, vomiting appeared. The woman was forced to go to the hospital. The doctor determined the diagnosis of traumatic brain injury. After that, the hospital provided the police with information about the injury. Then they conducted a forensic examination. After that, it became possible to start a criminal case. As a result, the person who caused such harm to health under Part 1 of Art. 116 of the Criminal Code, the sentence was received - a five-year term of imprisonment, since a head injury caused serious damage to health. And there is a reason for this. Such harm is qualified under another article.
Part 1, Art. 116 of the Criminal Code of the Russian Federation provides for acquittal only because of the absence of corpus delicti in the act. But practice shows that acquittals for beatings are extremely rare.
Amnesty under Article 116
Amnesty is the release of persons from criminal liability or from the punishment prescribed by law for citizens who have committed a criminal act. Or is it a replacement of punishment with a milder measure. Either the removal of a criminal record from persons who have served their sentences, or the reduction of the term. The decision on amnesty is taken by the State Duma.
In 2015, an amnesty was provided for the first time for those convicted of a minor offense whose category includes beatings. Part 1, Art. 116 of the Criminal Code of the Russian Federation was included in the category of the act of amnesty, which was not only in 2015, but also in previous acts of amnesty. Because this category of unlawful act is a crime for which there is no punishment whatsoever, depriving a person of his liberty. And under the amnesty can only those criminal acts, for which a measure of restraint is imposed, a punishment not exceeding a five-year prison term, can fall.
The concept of torture
Article 117 of the Criminal Code describes torture as causing mental or physical suffering as a result of periodic beatings or other violent acts. Since torture and beatings are very similar concepts, it is important to be able to distinguish one act from another. These are different actions. And they are described in the legislation in various articles.
The difference between beatings and torture
Torture as periodic beatings should be distinguished from beatings. The difference lies in repeatedly striking. The torture involves several beating attacks (more than three times), separated by a time interval. This article under the beatings assumes, on the contrary, striking at the same time. Everything is simple. Beating that occurred repeatedly cannot qualify as torture if, in one or more episodes that are the basis for qualifying a criminal act as systematic actions, the statute of limitations for criminal liability has expired. Or, if an administrative penalty has already been applied to a person for this act. Other violent acts as another way of torturing are textually the same as those mentioned in the act Art. 116.
Despite the differences, tortures and beatings coincide in their disposition. Because the described actions are similar to each other, namely, striking and other violent acts. However, the similar content of the concepts of beatings and torture is unequal. In addition to systematic striking, torture refers to prolonged pain. For example, it can be a cross-section, pinching, causing a large number of injuries, including a sharp or blunt object. We are also talking about thermal effects, for example, cauterization by a hot object. Other similar actions, including prolonged deprivation of food, heat, water, etc., flogging, hanging upside down, etc. also qualify as torture. It follows that other acts of a violent nature during torture have a difference both in qualitative and in quantitative terms, which distinguishes them from those specified in Art. 116 h. 1 action.
The torture is characterized by mental and physical suffering. And during the beatings, a one-time physical pain occurs.