Punishment for beatings: what happens if one person hits another

06/11/2017 Crimes against life and health 0 comments

In modern life, it often happens that people do not behave quite adequately, the reason for this is constant tension. Any tired person can take out his irritation on another person, although he did not want this at all. But what happened happened, and you need to answer for your actions. What kind of blow to the face will be depends on the severity of the injuries caused. The Criminal Code of the Russian Federation contains several articles describing the punishment for an offense.

Article for punching in the face

Responsibility for a blow to the face is prescribed in several articles of the Russian Criminal Code. The main one is 115 “Intentional infliction of minor harm to health.” The article has two parts. The first charge provides punishment for intentionally causing minor bodily harm to another person.

Note!

Light injuries are classified by the Criminal Code as minor harm to health, which led to a short-term loss of ability to work or a short-term health disorder.

The second part of Article 115 also concerns causing minor harm. But it introduces a number of differences. This:

• the act was committed with hooligan motives;
• several people were involved in causing the injuries;
• a weapon or other object that performed the function of a weapon was used in the attack;
• the act was committed out of religious, national or racial hostility.

Hit a man in the face, punishment according to the law

A blow to the face can cause serious harm to health. The victim may need treatment and rehabilitation. Strikes are unacceptable and, at the request of the victim, sanctions are imposed on the perpetrator.

The qualification of an act depends not only on the severity of the damage inflicted, but also on the number of blows, motives, and motives. A girl who hit her offender in defense and an athlete who beats up a random citizen will be judged differently.

No particular harm to health

If there was only one blow and did not cause harm to health, then it is unlikely that the offender will be prosecuted.

The maximum that such an outbreak of aggression can entail is administrative liability. The specific article will depend on the conditions under which the act was committed.

Battering is when at least 2 blows are inflicted. This also includes a variety of pinching, poking, and hair pulling. The main thing is repetition and non-harm to health. According to this composition, the culprit is punished for causing pain and humiliation.

Note! For 1 weak blow you are not subject to beatings.

For beatings you can be charged under Art. 6.1.1. Code of Administrative Offenses or under Art. 116 of the Criminal Code. There is some debate about the distinction between these two articles.

You will be held administratively liable if:

• the blow to the face was committed because of hatred specifically towards the victim’s personality;
• the culprit has not been prosecuted under this article within the last year;
• the victim is not a close relative of the defendant.

As of May 2021, the administrative code for beatings provides for punishment in the form of:

• a fine from 5 thousand to 30 thousand rubles;
• compulsory work 60-120 hours.

According to Art. 116 of the Criminal Code of the Russian Federation will be judged if the blow was:

• hooliganism;
• based on political, ideological, racial, national hatred;
• due to hostility towards any social group.

They will also be held criminally liable if, within the last year, the accused has already been fined under the Code of Administrative Offenses for beatings, or if the victim is a close relative or cohabitant of the accused.

The Criminal Code provides for the following punishment:

• compulsory work up to 360 hours;
• correctional labor for up to a year;
• restriction of freedom up to 2 years;
• forced labor for up to 2 years;
• imprisonment for up to 2 years.

If the perpetrator has already been brought to administrative responsibility for beatings, then he faces:

• fine up to 40 thousand rubles or income for 3 months;
• compulsory work up to 240 hours;
• correctional labor for up to 6 months.

Minor harm to health

If the blow to the face did not pass without consequences, and the victim’s condition caused loss of ability to work and health problems, then the perpetrator will be held criminally liable. The Criminal Code provides several articles for this type of case: for causing damage to health of a mild, moderate and severe degree.

Note! The degree of severity is determined by a forensic medical examination on the basis of Decree of the Government of the Russian Federation No. 522. This document specifies the regulations for the procedure, the basis and location of the examination, as well as indicators for determining the degree of severity.

Minor damage to health usually includes damage that caused impairment of health for no more than 21 days or minimal damage that did not affect the disability at all.

The punishment for this crime is almost the same as under Art. 116 for beatings, only a larger number of hours is provided for compulsory work.

For a blow to the face that caused slight harm to the health of the victim, Article 115 of the Criminal Code of the Russian Federation provides for:

• fine up to 40 thousand rubles or income for 3 months;
• compulsory work up to 480 hours;
• correctional labor for up to a year.

A more severe punishment is provided if the blow to the face was committed out of hooligan motives, motivated by hatred towards a certain group, or with the use of weapons or objects replacing weapons:

• compulsory work up to 360 hours;
• correctional labor for up to 1 year;
• forced labor for up to 2 years;
• imprisonment for up to 2 years.

Moderate health damage

For causing harm to health of moderate severity, Art. 112 of the Criminal Code. It is used if the blow caused permanent loss of health of the victim and he needed treatment for more than 21 days, but no real threat to life was identified.

For such a blow to the face, you will be imprisoned for up to 5 years. The prison term will depend on several factors:

• motives for striking;
• the identity of the victim and the accused.

The same crime, but committed in a state of passion caused by the victim, is included in a separate article - Art. 113 CC. The defendant will be imprisoned only for up to 2 years if the victim previously mocked or seriously insulted him. The state of passion must be proven by examination.

Serious harm to health

They speak of serious harm to health when a blow to the face caused irreversible consequences in the victim’s body, and life itself was under threat. Death also refers to serious harm to health. The article applies if there was no direct desire to kill a person.

Under Article 111 of the Criminal Code, punishment is punishable by imprisonment for a term of up to 8-15 years. The term of imprisonment depends on the qualifiers. It will be necessary to serve such a severe punishment if a blow to the face caused a fracture of the skull, made the person disabled, disfigured the face, etc.

Note! A mitigation of punishment may be possible if the emotional state of the perpetrator caused by the victim is proven. Then a blow to the face will be qualified under Art. 113 CC.

What happens if you hit a person?

Article 115 of the Criminal Code of the Russian Federation states that the type of punishment is assigned depending on the circumstances of the crime. Penalties for personal injury fall into two categories. The first is intentional infliction of minor harm to health. For this, the court may order:

• fine up to 40 thousand rubles;
• a fine in the amount of three monthly salaries of the defendant;
• correctional labor for up to a year;
• arrest for up to four months;
• compulsory work. The maximum period is 480 hours.

Let's go to court

In some cases, the police send the victim to court. This occurs in cases of minor bodily injury, as specified in Articles 115 and 116 of the Criminal Code of the Russian Federation. The police do not deal with such crimes. They relate to private prosecution cases. Law enforcement officers consider only those crimes that involve moderate and severe harm to health.

If a citizen received a slight beating, the police will refuse to initiate criminal proceedings against him. The refusal is made in writing, indicating the reasons for such a decision. The staff will advise the victim to defend his rights in court.

To initiate a criminal case under the above articles, a personal appeal from a citizen is required. Otherwise, the culprit will remain unpunished. To bring an attacker to justice, it is necessary to prepare an evidence base, draw up a statement of claim and submit it to court.

How to file a claim

Processes related to battery are considered by magistrates' courts. The statement of claim is drawn up in a general form and requires the following information:

1. Name of the court.
2. Details of the plaintiff and defendant.
3. Description of the circumstances of the crime.
4. The requirement to initiate a criminal case and find the attacker guilty. Here it is necessary to refer to current legislation.
5. List of witnesses.
6. Signature of the applicant, date of preparation of the document.

The application is submitted to the office of the magistrate court. When accepting the document, the employee must warn the applicant about liability for knowingly false denunciation. The plaintiff must also be notified of the right to settle with the defendant. In this case, criminal proceedings will be terminated.

How to act in court

Having witnesses to the beating will greatly simplify the process. If there are no eyewitnesses, the victim can present other evidence to the court: video, photos, threatening letters, etc.

From the moment an application is filed in court, a citizen becomes a private prosecutor. Now he will have to independently prove his opponent’s guilt by taking part in the meetings. These actions can be entrusted to a lawyer.

The statute of limitations for cases under Article 116 of the Criminal Code of the Russian Federation is 2 years. Therefore, you should not delay filing a claim.

Moderate health damage

Punishments for causing bodily harm of moderate severity are specified in Article 112 of the Criminal Code of the Russian Federation. The law qualifies average damage to the body as average if:

• the diagnosed injuries are assessed as serious;
• the victim has lost his ability to work and because of this cannot perform a third of his duties;
• Due to injury, he cannot lead his usual lifestyle for a long time.

For causing harm of moderate gravity, the defendant can be arrested for three years. If the infliction of bodily harm is aggravated by the factors specified in Article 115 of the Criminal Code of the Russian Federation, then the term of imprisonment may be increased.

The judge may increase the term of arrest for the culprit if the victim suffered moderate damage and there is:

• two more victims or more;
• the victim is a minor;
• the victim is initially unable to resist the attack;
• the attack is related to the activities of the victim;
• the victim's relatives were also attacked;
• the attack was carried out as part of a group.

If the investigation proves that there were aggravating circumstances during the attack, the prison term can increase to five years.

How to bring the perpetrator to justice

If a person is hit, he must do the following:

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1. Remove the beatings. To do this, we go to the nearest emergency room. Even if a person was hit once, a bruise, abrasion, bruise, etc. could remain on his body. You should go to the emergency room as quickly as possible. This is especially true for light beatings, the traces of which disappear quickly enough.
2. Find witnesses to the incident. It could be anyone: friends, passers-by. Eyewitnesses will subsequently need to be identified in the statement.
3. Contact the police. You need to write a statement even if the victim does not know who beat her. Then finding the attacker will become the task of the police. If the culprit has escaped, he is put on the wanted list.

Serious harm to health

The consequences for causing serious harm to health are prescribed in Article 111 of the Criminal Code of the Russian Federation. The following are considered signs of grievous bodily harm:

• disruptions in the functioning of the body due to organ damage or loss;
• lifelong loss of vision, hearing or speech;
• loss of performance by a third;
• inability to carry out professional activities for the rest of life.

Causing serious harm to health is punishable by prison terms. The maximum prison term in the absence of aggravating circumstances is eight years.

Note!

The aggravating factors in this case are the same as when causing harm of moderate severity. Proving that the heavy damage was inflicted on someone else’s order can also make the situation worse for the defendant.

When considering a case, the court may pay attention to the identity of the victim. If the attacker caused damage to a public servant during execution, then this case will be qualified under Article 318 of the Criminal Code of the Russian Federation. The punishment can be up to ten years in prison and a fine of 200 thousand rubles.

The court also takes into account the mitigating circumstances prescribed in Article 61 of the Criminal Code. Taking them into account, the judge can lighten the punishment. The following are considered softening:

• pregnancy;
• minor age;
• difficult life circumstances;
• presence of young children;
• no criminal record;
• confession.

If the perpetrator called an ambulance or provided medical assistance to the victim after the attack, the judge may also consider this a mitigating circumstance. As well as a proven fact of aggression on the part of the victim before causing damage.

Other aspects influencing court decisions

The court's assessment of the circumstances of the case and the imposition of punishment is a multilateral process. The judge not only assesses the severity of the damage, but also pays attention to other circumstances of the case.

Identity of the victim

The judge will pay attention to the one who suffered. The punishment will be more serious if the victim:

• minor;
• pregnant;
• official in the performance of duties.

For hitting a government official in the face, he will be tried under Article 318 of the Criminal Code of the Russian Federation.

How to record and prove beatings

To bring the offender to justice, it is necessary to record the beatings in an emergency room or in a forensic medical examination institution (clause 6 of the Rules for determining the severity of harm caused to human health, approved by Decree of the Government of the Russian Federation of August 17, 2007 No. 522). According to clause 9 of the Appendix to the Order of the Ministry of Health and Social Development dated April 24, 2008 No. 194n, injuries that do not cause harm to human health (namely, they arise as a result of beatings) include injuries that do not entail a short-term health disorder or a slight permanent loss of general ability to work . These include, for example, abrasions, bruises, soft tissue bruises, and superficial wounds.

Since injuries caused by beatings can heal quickly, they should be fixed as quickly as possible. Removal of beatings is carried out in a short time after the victim contacts a medical institution. Based on the results of the examination by a doctor (expert), the victim is issued a certificate of beating. This document will help prove beatings without the presence of witnesses.

Identity of the victim

What happens if you hit a person in the face depends on who exactly was the victim of the attack. This could be an ordinary citizen or an official - for example, a judge, government official, police officer. In the latter case, the charge for a blow to the face will be different.

If we are talking about the use of violence against a government official, which is not dangerous to his life and health, the act is qualified under Art. 318 of the Criminal Code of the Russian Federation. It also punishes for uttering threats related to the performance of official duties. A violator of the law faces:

• fine up to 200 thousand rubles;
• arrest for six months;
• forced labor or imprisonment for up to 5 years.

If violence posed a danger to a representative of the authorities, only imprisonment is provided. The maximum period is 10 years.

Attackers can also be punished for encroaching on the life of a law enforcement officer or his relatives. The goal of criminals may be to create obstacles to the maintenance of public order and security, as well as revenge. The court may impose a term of 12 to 20 years. Life imprisonment and even the death penalty are also provided.

Extenuating circumstances

What would it be like to hit a person in the face if there were mitigating circumstances? In this case, the court will choose the mildest possible sanction. These factors include the following characteristics of the attacker:

• difficult life circumstances;
• minor age;
• pregnancy;
• the heat of passion;
• presence of small children, etc.

The court will also choose a lenient punishment if the citizen provided assistance to the victim on the spot, took him to the hospital, agreed to pay for treatment, etc. If the consequences are not serious, the parties can agree on compensation. In this case, the victim will most likely not file a report. And if it has already been filed, the case can be closed after reconciliation of the parties. As with other crimes, turning yourself in will help.

Note!

Despite the fact that punishment can be avoided or mitigated, you should not give in to emotions and solve the problem with your fists. If a person has somehow violated your rights, contact a competent lawyer to punish the offender according to the law and not end up in the dock yourself.

Procedure for beating: what to do if beaten on the street?

1. Emergency room . If I was beaten, my actions to punish the criminal must be consistent and properly planned. The first step after a beating is to call an ambulance or go to the hospital (emergency room) yourself. This is also necessary to record the injuries inflicted “without delay”. At the same time, employees of medical institutions must make entries in a special journal and transmit them to the Ministry of Internal Affairs by telephone. Subsequently, before initiating a criminal case, the victim must undergo a forensic medical examination. You will receive a referral for examination immediately after filing a complaint with the police.
2. Application to initiate a criminal case to the police . The next stage is for people wondering “beaten up in a club, what should I do?” - Direct contact to the police. To do this, you need to write a corresponding statement and submit it to the police department of the Ministry of Internal Affairs in the area where your injury occurred. At the same time, many victims ask the question: “I was beaten, how can I write a statement?” This document must clearly describe all the circumstances of the case (who beat, when and where it happened, a list of beatings inflicted, incentives to beat, etc.). It is also important to correctly formulate the request for an inspection and initiation of a criminal case.
3. Recovery of compensation for moral damage . After the police investigation and identification of the culprit, the issue of the amount of compensation for moral damages for the injuries and moral suffering caused can be decided. If the victim dies after the beating, the heir of the deceased can file a lawsuit.

Is it possible to withdraw a statement about beatings?

If a statement about beatings is filed, and even more so if a criminal case has already been initiated, the statement cannot be withdrawn.

A person, when filing a statement about a crime committed against him, must be aware that he is responsible for a knowingly false denunciation, and if the basis for withdrawing the statement is not having committed a crime, then in this case the person allegedly victim may be brought to criminal charges responsibility.

If the accused and the victim are reconciled, then this is the basis for termination of the criminal case, in connection with reconciliation in cases established by law.

Question about the stand

If you are right-handed, stand opposite your counterpart, turning slightly towards him with your left side, and with your right side if you are left-handed.

Here, a complete rotation perpendicular to the body is excluded. Focus on your non-dominant leg and hips. This makes it harder for the enemy to hit you, and you can launch a powerful counter attack.

To maintain stable balance, remember your center of gravity. In a right-handed situation, the main support is on the right leg. For left-handers - on the left.

Protect your head, raise your hands to it. Place the non-dominant limb near the eye, and the dominant (aka attacking) limb near the chin.

Hands must be clenched into a fist. This will allow you to implement your attack and focus on defense.

How to prove that you were beaten?

In order to prove the fact of beating, it is necessary, as they say, to “remove the beating” in the hospital, that is, to document the presence of bodily injuries, bruises, or other physical harm to health and obtain a certificate of beating. Medical records are some of the most important evidence of battery.

During the beating, there may be some persons present who are eyewitnesses and witnesses to the beating. Witness testimony is one of the proofs of the commission of the actions in question. After the crime has been committed, the victim can tell his relatives and friends about it, and subsequently the testimony of these persons will also be assessed by the court.

Also, video recordings on your phone or recordings from CCTV cameras can be used as evidence.

If the culprit denies the fact of beating the victim, as well as the fact of being with him at the same time in the same place, you can also request billing by phone of the culprit, if, of course, he had a phone with him.

Perhaps the guilty person previously threatened the victim about causing harm to his health, the victim told someone about this threat, these persons will be indirect witnesses. If the guilty person made threats via SMS messages, then it is necessary to attach a printout of these messages.

If the victim has a call recorder installed on his phone, which records all telephone conversations, and the threat was received by the perpetrator over the phone, it is necessary to save the corresponding recording of the telephone conversation. In addition, the victim, after the beating has been committed against him, can talk about this topic with the perpetrator on the phone and also record this conversation.

Other aspects of qualification of the offense

The court must comprehensively assess what happened, imposing punishment not only on the basis of the degree of injury to the victim.

Identity of the victim

In some cases, the punishment may be more severe. An aggravating circumstance is striking:

• To a minor.
• Pregnant woman.
• An official who was on duty.

A blow inflicted on a government official (including a police officer during execution) is qualified under Article 318 of the Criminal Code of the Russian Federation.

Extenuating circumstances

Article 61 of the Criminal Code of the Russian Federation contains a list of mitigating circumstances. Among them:

• Committing a crime for the first time.
• The culprit is a pregnant woman.
• The age of the perpetrator is minor.
• The aggressor has young children.
• Inflicting a blow under duress or due to other grave circumstances.
• A blow delivered in self-defense.
• Illegal and immoral behavior of the victim.

All these circumstances of the incident will be taken into account by the court when assigning punishment. Thanks to this, the punishment will not be too severe. Rather, the court will limit itself to the minimum possible amount of sanctions within the framework of the imputed article of the Criminal Code of the Russian Federation.

Clenching a fist

It is correct if the ends of the fingers are adjacent to the pads of the palms.

The fist is not clenched from the little finger (this is a common mistake of many amateurs). The starting point in this process is the index finger. This ensures an even fist and eliminates the risk of damaging your fingers.

The thumb is located on the index and middle fingers, or rather on their joints.

In an emergency, these technical aspects are usually not thought about. Therefore, they must be practiced until they become automatic.

Avoid clenching your fist excessively. This negatively affects blood circulation in the hand and the speed of impact.

Classification of beatings

The Criminal Code of the Russian Federation provides for criminal liability for crimes against personal health, including through beatings, depending on the circumstances and consequences:

• infliction of grievous bodily harm (Article 111);
• moderate beating (Article 112);
• serious or moderate harm to health caused in a state of passion (Article 113);
• infliction of grievous or moderate harm to health when exceeding the limits of necessary defense or when exceeding the measures necessary to detain the person who committed the crime (Article 114);
• infliction of minor bodily harm (Article 115)
• beatings for hooligan reasons or for reasons of political, ideological, racial, national or religious hatred or enmity (Article 116);
• beatings not falling under Art. 116, inflicted by a person punished under Art. 6.1.1 Code of Administrative Offenses of the Russian Federation.

In 2021, Federal Law No. 8-FZ dated 02/07/2017 on the so-called decriminalization of domestic violence was adopted, which caused a lively debate in society. This law excluded from the previous version of Art. 116 of the Criminal Code of the Russian Federation provides for bringing the perpetrators to criminal liability for beatings against loved ones. Close persons are understood to mean spouses, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren, guardians, trustees, persons related to the culprit, persons conducting a common household with him. If such beatings were committed for the first time, they will be qualified under Art. 6.1.1 Code of Administrative Offenses of the Russian Federation, in case of repeated commission - under Art. 116.1 of the Criminal Code of the Russian Federation.