When is a medical examination needed and where can the beatings be removed? Obtaining a certificate and refusal

What does medical examination mean and how is it regulated?

In accordance with Article 179 of the Code of Criminal Procedure of the Russian Federation, a medical examination is an independent procedure during which the presence of bodily injuries resulting from beatings (bruises, scratches, open wounds, internal bleeding or fractures) is established on the victim’s body.

The procedure can be carried out in two ways:

• independently visit any medical institution;
• write a statement to law enforcement agencies and receive a referral from them.

The results obtained by any of the methods are important evidence in bringing the culprit to justice.

In what cases is it necessary to remove bodily injuries to punish the offender?

The survey is carried out to record the fact of damage received as a result of:

• attacks by a stranger;
• family conflict;
• fights.

The initial desire not to punish the offender does not matter; it is necessary to testify, first of all, for the purpose of one’s own legal protection. The importance of timely contacting a medical institution is due to the following cases from practice:

1. Battery inflicted by one of the spouses . If there are two or more calls to the police, the crime is classified as torture and carries a more severe punishment.
2. Fight .
   The victim fights back the instigator of the fight, which results in signs of beating - bruises, hematomas, etc. The offender undergoes an examination, but the victim decides not to make the case public and does not contact a medical organization. Ultimately, the offender becomes the victim, and the person who used self-defense is held accountable, since he has no evidence of the injuries received.
3. Consequences of beatings . They can manifest themselves after a certain period of time and provoke the development of acute or chronic diseases. Having a certificate of timely examination will allow you to go to court to demand compensation from the culprit for the cost of treatment and compensation for moral damage.

It should be remembered that the statute of limitations for battery is 2 years.

Important! Article 116 of the Criminal Code of the Russian Federation Battery is used when harm is caused that causes physical pain, but does not entail loss of health or ability to work. If an injury that has any consequences is discovered during the examination, the crime will be reclassified and the punishment will be more severe.

Validity period: how long can the procedure be completed?

The legislation of the Russian Federation does not regulate the time frame after how many days the beating can be removed, but it is worth remembering that the document that reflects the damage inflicted plays a major role in bringing the perpetrator to justice.

Recording the beatings in the first two days will make it possible to objectively classify the crime in the future and assess the degree of severity. You should know that after 12-24 hours, light hematomas begin to resolve, regeneration of damaged tissue begins, and minor abrasions become less noticeable. Based on this, you should contact a medical organization immediately after receiving a beating, or at least on the first day .

If the fact of beating was not recorded in a timely manner, the victim is advised to draw the attention of the investigative authorities or the court to the testimony of witnesses. However, such data is not an important argument and may not be accepted for consideration.

Who does the examination after a fight and in other cases?

According to Art. 170 of the Code of Criminal Procedure of the Russian Federation, the examination is carried out by an investigator, additionally involving the necessary doctors of various specializations - traumatologists, surgeons and other medical specialists.

If the victim is a person of a different gender, the investigator is not present during the examination. The examination is carried out only by a doctor in a separate room. The procedure for conducting an examination in court is regulated by Art. 290 of the Code of Criminal Procedure of the Russian Federation, while the requirements for the process are similar.

Procedure: how to do fixation correctly?

The examination is carried out in several stages:

1. Before starting the procedure, the written consent of the victim is taken. If video or photography is used during the examination, a separate document is drawn up, which the victim signs if he agrees.
2. A doctor invited for an examination conducts an examination and compulsorily records:
   soft tissue damage;
3. the presence of hematomas, cut or stabbing wounds;
4. damage to joints, ligaments, muscles;
5. presence of fractures;
6. presence of bleeding or blood loss.
7. Additionally, the fact of the possibility or impossibility of causing damage independently, as well as the statute of limitations for the injuries received, is established.
8. If necessary, specialists of any other profile are invited for examination or additional examinations are carried out.
9. The victim is given first aid and referred for further treatment.

Upon completion of the examination, a certificate is issued with a detailed description of the injuries received, which is sent to law enforcement agencies with a report of the presence of criminal signs. Such a document is fundamental for further forensic medical examination and assessment of the severity of injuries received.

How to defend against a false accusation of battery in court?

The only way to defend against a false charge of battery in court is to provide evidence that the accused person did not commit the crime. Sample evidence is provided above.

In addition, during the court hearing the victim should be asked questions about the circumstances of the case. A situation may arise that if there is a false accusation, the victim will become confused in his testimony, which will lead to contradictions in his testimony. Also, witnesses for the prosecution may give evidence that is not comparable at all.

The main thing in a court hearing is to correctly ask questions that will help “bring to the surface” people who are prone to lying.

If some evidence cannot be obtained by the accused (defendant), then it is necessary to submit a reasoned petition to the court so that certain evidence is requested by the court, for example, camera footage.

Where and how to record?

Self-examination of the fact of beating can be done at any nearby medical institution.

The procedure is similar to the examination carried out at the direction of the investigative authorities. You must have a passport of a citizen of the Russian Federation with you. Where you can go for relief from beatings and where it is better to go is discussed below.

Emergency room

The examination is carried out by a traumatologist. Upon completion, he issues a certificate, which he hands over or sends to the police department at the patient’s place of registration. The examination service is free . If the necessary equipment for additional examination is not available, the victim is sent to the emergency hospital.

Hospital

The examination is carried out by a traumatologist or surgeon, if necessary, attracts additional specialists and prescribes the necessary examinations. A certificate of damage is not issued in person, but is immediately sent to the police department with a report of the presence of criminal signs. Examination of beatings is included in the list of free services.

State clinic

Any public clinic has the right to conduct a free examination, provided that it has a practicing surgeon or traumatologist. The certificate is not issued in person .

Is it possible in a private clinic?

The requirements for specialists to conduct an examination are the same as in a public clinic - the presence of a practicing traumatologist or surgeon. How much the examination costs depends on the number of specialists involved and the tests performed. Some clinics charge a fee for issuing a certificate, which is handed to the victim.

Liability for false accusation of beating

For a knowingly false denunciation of beating, the criminal code provides for liability under Art. 306, the sanction of which under Part 1 provides, inter alia, imprisonment for up to 2 years.

For giving knowingly false testimony, liability is provided under Art. 307 of the Criminal Code of the Russian Federation. The person will not only be prosecuted, but will also receive the punishment provided for in the specific part of this article. The specified article is valid, i.e. the person is not formally warned about criminal liability, but in reality, if something happens, he will be brought to the specified type of liability.

When accusing a person unreasonably, you should not expect that after denunciation, you can refuse to testify. For such a refusal, criminal liability is also provided for under Art. 308 of the Criminal Code of the Russian Federation

In criminal proceedings, it is difficult to do without the help of a qualified lawyer, especially when accused of committing a crime that you did not commit. Our lawyers are always ready to help both persons suspected of committing a crime and victims, since any of these participants may need legal assistance.

Obtaining a certificate: how to get it, who issues it, what information does it contain?

A certificate of the consequences of beatings is issued immediately after the inspection and contains the following information:

• place of procedure – full name of the medical institution;
• information about the specialist who conducted the examination - full name, position, category, total work experience;
• Full name, date of birth, place of registration of the victim;
• information about the examinations performed - ECG, REG, x-ray, etc. and their description;
• a detailed description of visually detected damage and its location;
• statute of limitations for damage at the time of application;
• confirmation of the impossibility of causing damage independently;
• signature and full name the doctor who performed the examination.

The document on the recorded beatings is certified by the signature of the head of the medical institution and the official seal.

What a sample certificate of battery cleared looks like is shown below:

Is the court on women's side?

What if the situation is the opposite? What if the question of how to properly remove the beating is already asked by the husband? After all, there are cases when mothers of the family raise their hands against their beloved ones. The mechanism for holding people accountable is the same as in the case of men, but the punishment for women is much easier. As a rule, the court is on the side of the ladies. The reason is banally simple - women are much less likely to give up.

However, as practice shows, there are cases when the wife, for example, is an ensign, and the husband is a drunkard and a mattress, which is scary to watch. And at the same time, she constantly beats him and tortures him, and he endures all the torture and is afraid to make a sound...

When can they refuse?

A medical organization may refuse to conduct an examination in the following cases:

• In the absence of a passport , identification of the victim is necessary to issue a certificate, so such an action is legal. However, employees are required to provide first aid if the victim needs it. If your passport was lost during a fight or attack, you should first contact law enforcement agencies.
• In the absence of practicing doctors - a surgeon or traumatologist . Only these specialists can conduct examinations of beatings. In this case, you need to contact another institution.
• In the absence of a referral from police officers . Such an action is unlawful; to resolve the problem, you should contact the head physician of the institution.

Medical examination of the beatings plays a decisive role for the further conduct of the forensic medical examination. In addition, this procedure is important for the victim himself. A timely inspection allows you to solve a crime in the shortest possible time and punish the culprit.

○ Deadlines for removing beatings.

I repeat: in case of beatings, you should contact a medical institution to remove and fix them as soon as possible:

• Firstly, in this case you can get timely medical care.
• Secondly, the sooner the beatings are removed, the more likely it is that the crime will be correctly classified and punished for the harm caused.

As such, the law does not provide for a period for the removal of beatings - you can contact a traumatologist as long as there are traces of beatings or other violent acts on your body. However, keep in mind that the later you apply to have the beatings removed, the more difficult it will be to establish the date of their infliction and the cause-and-effect relationship between the actions of the offender and the appearance of marks of blows on the body.

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Actions of the police after the appeal

Previously, we talked about what a statement of battery is, as well as:

• How to compose it correctly and avoid mistakes?
• What is the time frame for filing a report of battery and why is this so?
• When should you go to court immediately? Read here.

And, of course, if you decide to withdraw your application, you must follow these instructions.

• After the victim contacts the police, the officer will ask you to write a statement and issue a referral to the ICE bureau.
• If the police receive information about a beating from doctors, a local police officer will come to talk to the victim and will understand the situation. Either he will write a statement against the offender, or forgive him for his guilt.
• Based on the forensic medical examination report (which is issued either directly to the medical examiner’s office or on the basis of a certificate from the trauma center), a decision will be made to initiate a criminal case (if necessary). The decision is made within 10 days.
• The police cannot refuse to accept an application. The application will be accepted even from a minor citizen. They can only refuse to initiate a criminal case if the beating is not serious enough or the certificate is filled out incorrectly.

What to do if there is no way to get to the emergency room?

1. If the injuries are not severe, the person can move, then you can go to the emergency room the next day or even the day after. After two days, the abrasions and bruises will be clearly visible.
2. If the victim cannot physically get to a medical facility, you should immediately call an ambulance.
3. If the victim is far from the hospital and does not have the opportunity to get to the city on his own, you can call the police, who will take him to the police station. The victim will write a statement and then undergo a medical examination.