What is the statute of limitations for investigating fraud?

The statute of limitations for fraud is a period of time that determines the period for bringing a person to criminal liability measures, as well as requiring him to compensate for the damage that was caused by filing a claim.
Article 78 of the Criminal Code of the Russian Federation establishes periods of time that will be considered statute of limitations for each type of crime. One of these acts is fraud, Article 159 of the Criminal Code of the Russian Federation, the statute of limitations of which will also be determined in accordance with the specified norm. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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Fraud: concept (briefly)

Fraud in the Criminal Code of the Russian Federation means a crime that is the theft of property belonging to a person or organization, as well as the acquisition of rights to such property by deception, abuse of trust or misleading the owner. Regardless of the method of fraudulent actions: sending SMS messages, winning the lottery, scam with an apartment, fraud with a car accident, the Criminal Code of the Russian Federation provides for certain liability for committing such deceptions.

Fraud in the Criminal Code is regulated by Article 159. The document gives the basic concepts of the crime, determines the degree of its severity and establishes punishment for committing an unlawful act. The limitation period is regulated by Article 79 of the Criminal Code of the Russian Federation, from which you can find out after what period of time it will become impossible to hold the offender accountable for the crime.

Lifetime maintenance agreement

Provides for the transfer of real estate in favor of a certain person with the receipt of lifelong maintenance in favor of the alienator by the acquirer. In most cases, this agreement is resorted to by single elderly people who, due to life or other circumstances, are left without relatives or without means of subsistence. The scam lies in the fact that sometimes, under the pretext of concluding a lifelong maintenance agreement, a gift agreement is placed on the victim, and the person, without realizing it, signs the transfer of his apartment or house into the ownership of the scammers.

And dozens of similar schemes can be cited, unfortunately, it’s just imagination, and most importantly, the opportunities, including financial ones, for the swindlers are significant. In most cases, such illegal acts are carried out by groups of people with good financial investments and a thorough understanding and ability to use loopholes in the law, as well as in case of using brute force, and special personnel who are not averse to engaging in such activities.

What is a statute of limitations

The period during which a person injured by criminals can go to court to protect their rights is called the statute of limitations. It begins to count from the moment the victim learned how his rights were violated and who will be sued.

Both conditions must be met. If a claim is filed against an improper defendant, the court may not accept it for consideration.

Some claims are not subject to limitation; they are listed in Art. 208 of the Civil Code, theft of someone else’s property does not apply to them.

Voidable transaction

Voidable transactions can only be declared invalid in court proceedings. Here are examples of voidable transactions:

1. One of the parties entered into the transaction as a result of fraud, coercion, or threat from the other party.
2. The victim entered into a transaction as a result of being materially misled. For example, when instead of a two-story country house, the buyer received a dilapidated two-story barn.
3. The transaction was concluded by a person with limited legal capacity. This includes people who are addicted to alcohol or drugs.
4. The transaction was concluded with a child between 14 and 18 years of age without the consent of parents, guardians or trustees.
5. The deal was concluded for an apartment, not all of whose owners gave their consent.

After the transaction is declared invalid, both parties must return to the original owners everything they received under the transaction. The buyer returns the property, and the seller returns the money. If something happens to the property and there is no way to return it, it is necessary to reimburse the cost.

Types of fraud

In everyday life, crimes that are not fraud are often called fraud. To properly qualify an offense, it must be committed precisely through deception or abuse of trust. In this case, the criminal deliberately misleads the owner of the property by providing him with false information or false documents. As a result, the victim himself transfers the property, without doubting the legality of these actions.

The Criminal Code provides penalties for the following types of fraud:

1. When receiving a loan (Article 159.1). In this case, the citizen receives money from the bank by providing unreliable or false information about himself, and does not intend to return it, that is, he commits theft. Important! If the borrower repays the loan, then receiving a loan using false documents cannot be considered fraud. Also note - when you enter into a real estate purchase and sale agreement, cooperate only with trusted agents - so as not to fall into the hands of scammers - realtors https://lexconsult.online/6850-kak-zashhititsya-ot-rieltorov-moshennikov
2. When receiving social benefits and compensation (Article 159.2). To do this, the criminal provides false information or hides facts, which are grounds for stopping payments. One of the recent examples of such fraud is obtaining maternity capital using false birth certificates.
3. Using bank cards (Article 159.3). Fraudsters may use counterfeit or stolen cards, or ask the cardholder to provide the number, expiration date and code on the back of the card, which is an element of data security. Using this information, criminals can easily transfer funds from the card to their account.
4. In the insurance sector (Article 159.5). In this situation, fraudsters provoke the occurrence of an insured event, for example, an accident or car theft.
5. Using computer information. Criminals steal property by transmitting, processing, entering or deleting any data.

Punishment for two more common types of fraud, namely, taking possession of someone else's real estate and deliberate failure to fulfill contractual obligations in the field of business activity, is provided for in Article 159 of the Criminal Code of the Russian Federation.

If a citizen has become a victim of fraudulent activity, he should contact the police with a statement. After law enforcement agencies have established the fact of fraud and identified the perpetrators, you can file a claim in court, taking into account the statute of limitations.

Primary market

Buying an apartment in a new building is the dream of many, especially young married couples. There are many schemes used by scammers. Here, for example, is one of them:

"From scratch". A fake company is created, allegedly being a development company that plans to build an apartment building. In fact, there is no building, the entire plan is in words or papers. This fictitious organization submits a beautiful announcement about the start of construction and the acceptance of payment for future apartments; accordingly, the offered prices are an order of magnitude lower than the market ones. The scammers look like a serious company, they even give excursions to the future construction site and introduce you to the technical documentation. But after collecting funds from a certain number of victims, it turns out that the organization as such did not exist, and all the “founders” had long since disappeared.

Unfortunately, there are plenty of examples of similar developers, but it is not always possible to find the culprits.

Statute of limitations for fraud

The statute of limitations is a time period before the termination of which a victim of fraud can claim violated rights and demand their protection. The end of such a period is a significant reason for refusing to initiate a case and releasing the offender from criminal liability. However, the expiration of the statute of limitations for fraud is not a reason for the court to refuse to accept a claim.

Also read: What is the punishment for fraud, articles of the Criminal Code of the Russian Federation

Committed by a group of persons

For fraud that was committed by a group of swindlers, the law also establishes severe punishment, recognizing such an act as serious (according to Part 4 of Article 159). The perpetrators can be imprisoned for 4 years, and in case of particularly large damage, for 10 years. The statute of limitations for this type of fraud will be 6-10 years, depending on the amount of damage.

In extra large sizes

Regarding the statute of limitations for fraud, it can reach 10 years if the crime is considered serious. For such qualification, it is necessary that the criminals take possession of property worth more than a million rubles.

According to loan agreements

This type of deception can be punished differently depending on the number of participants in the crime and the amount they stole.

If the fraudster acted alone, the maximum penalty would be imprisonment for 2 years. The statute of limitations for this case will also be 2 years.

If the scam was committed by a group of people, but the amount of the stolen goods does not amount to major damage, then they will be imprisoned for 4 years, and the statute of limitations will be 6 years (as for all crimes of medium gravity).

Large-scale fraud starts from the amount of 250 thousand rubles. Criminals can receive a sentence of up to 5 years, and the statute of limitations will be 6 years.

Finally, a particularly large amount of stolen goods (more than 1 million rubles) will lead to 10 years in prison and a similar statute of limitations.

In case of harm to health

A special case involves fraud, during which the victims suffered not only material damage, but also harm to their health. In this case, the offense will be qualified under Articles 111-115. Such acts have no statute of limitations.

For a minor offense

Any schemes of simple fraud that do not have aggravating circumstances are classified as minor offenses. The term of imprisonment and the statute of limitations for them is 2 years.

Corpus delicti

The legislation provides for administrative or criminal liability for beatings under Art. 6.1.1 Code of Administrative Offenses and Articles 116, 116.1 and 117 of the Criminal Code. They have a similar composition with some differences in the object of the crime (Article 116.1 of the Criminal Code) and motives (Article 116 of the Criminal Code).

An object

Beatings violate a person’s right to physical integrity, humiliate him as a person, and damage the health and mental state of the victim.

Objective side

“Battery” refers to blows or other acts of a violent nature directed against the victim and causing pain:

• pinching;
• bites;
• hair pulling;
• twisting of limbs;
• pinching or squeezing of a body part;
• flogging.

Number of beats

Strikes or other actions must be performed multiple times (more than twice). Inflicting one blow cannot be considered beating. This violation (in the absence of harm to health) will be classified as hooliganism under the Criminal Code of the Russian Federation or insult.

Consequences of the beating

Additionally, in the case where the beatings did not violate the anatomical integrity of the body tissues, but led to physical pain and ailments, they will also be taken into account in the medical report. The forensic expert will record the victim’s complaints and also indicate that there are no visual signs of damage and the severity of the harm has not been determined.

. Beatings can do without visible consequences or leave superficial damage on the body:

Beatings can do without visible consequences or leave superficial damage on the body:

• abrasions;
• scratches;
• bruising;
• bruises;
• small wounds.

However, they do not lead to temporary or permanent disability. Although, such consequences may not occur immediately, but over time. In this case, the act will be reclassified as “harm to health” under articles of the Criminal Code - 115, 112 or 111, depending on the severity of the injuries. The article discusses the criteria for determining the severity of harm to health.

Subject

Responsibility for battery is borne by an individual aged 16 years or older who was in a sane state at the time of the commission of the crime. Taking into account the changes made to the Criminal Code by Federal Law No. 323 of July 3, 2016, the subject of a crime classified under Art. 116.1 of the Criminal Code, is a close relative of the victim:

• spouse;
• parent (adoptive parent);
• son (daughter), including adopted one;
• sibling;
• grandfather grandmother);
• grandson;
• brother-in-law, matchmaker;
• guardian (trustee);
• person running a joint household.

For amendments to Article 116 of the Criminal Code of the Russian Federation “Beatings”, see the following video

Subjective side

An unlawful act is committed with direct intent - causing pain to the victim is the conscious goal of the offender

If the damage was caused unintentionally, it is identified as minor harm to health caused by negligence (you can read about unintentional harm to health). This violation is not subject to criminal punishment

However, the victim can file a civil lawsuit against the perpetrator and recover compensation from him for material and moral damage.

The motives for the beating affect his qualifications. Thus, criminal liability for beatings under Art. 116 of the Criminal Code threatens a criminal who has committed an act from:

1. Hooligan motives.
2. Ideological principles.
3. Hatred towards representatives of a certain: political group;
4. race or nationality;
5. religion;
6. social group.

If the beating occurred out of personal hatred towards the victim, the violation will be qualified under Art. 6.1.1 Code of Administrative Offences.

Calculation of the statute of limitations

In order to find out the statute of limitations for a scam, it is necessary to find out how the legislation assesses the severity of the act approved in the Criminal Code of the Russian Federation.

The first step is to identify the term of imprisonment for the crime in accordance with Articles 159-159.6 of the Criminal Code of the Russian Federation.

The second step is to determine the severity of criminal actions in accordance with the transcripts prescribed in Article 15 of the Criminal Code.

The third step is to determine the statute of limitations for fraud based on the information received on the severity of the crime committed using Article 78 of the Criminal Code of the Russian Federation.

1. Fraud on an especially large scale is the appropriation of someone else’s property, the value of which is estimated at more than 1 million rubles. Such a crime is qualified by law as grave, and liability for it is regulated by Article 158 of the Criminal Code of the Russian Federation. The statute of limitations for such unlawful action is 10 years from the date of commission of the act.
2. Fraud committed by a group of persons is also considered serious, so the statute of limitations for violation is 10 years. Responsibility for such an act is provided for in Part 4 of Article 159 of the Criminal Code of the Russian Federation and can be expressed in the form of imprisonment for up to 10 years or a fine.
3. For a minor offense of fraudulent nature, the offender can be imprisoned for no more than 2 years. It belongs to the category of unlawful acts of minor gravity, so the statute of limitations for it also does not exceed 2 years of imprisonment.
4. Due to the active growth in the number of criminal acts in the field of lending, a separate article 159.1 of the Criminal Code of the Russian Federation is devoted to loan fraud. According to the information contained therein, the maximum penalty for a criminal acting alone is up to 2 years in prison. The statute of limitations for such a crime is also 2 years. If fraud in the credit sector was organized by a group of persons, the maximum penalty for its participants is 4 years in prison. The crime itself is qualified as an act of moderate gravity, and the statute of limitations for it is calculated at 6 years. Fraud on a loan in the amount of more than 6 million rubles is regarded as a serious crime, the statute of limitations for which is determined by 10 years.
5. Multiple crimes are defined by law as a combination (the commission of several violations, none of which the person was convicted of - Article 17) or recidivism (the commission of a second or more intentional crime for which the person has already been convicted - Article 18). If one of the two committed offenses expires, the plurality of the crime is canceled and the limitation period is calculated for the second offense.

There is also a crime for which the law does not provide a statute of limitations. The fact is that due to fraudulent actions, not only a person’s financial condition can suffer, but also his health. So, in the event of physical harm to a person, there is no statute of limitations for fraud, and at any time the offender can be sued.

Also read: Where to contact in case of fraud

When considering a case of fraud, it is also important to take into account that if during the trial the defendant mentions the end of the period allocated by law for filing a claim, the prosecution of the violator will be refused. If the fraudster remains silent, the court may well take the plaintiff’s side and rule in his favor.

Despite understanding the basics of the law on fraud and the statute of limitations for this crime, only a good defense attorney can take into account all the nuances of the case. An experienced lawyer will certainly take into account all the factors influencing the positive outcome of the case and competently convey them to all participants in the court hearing.

How to protect yourself from scammers and lawsuits

Before concluding any real estate transaction, especially on the secondary market, carefully study all documents and owners. Errors, forgeries, lack of consent of one of the owners - all this can lead to the transaction being declared invalid.

The main step when checking real estate is obtaining an extract from the Unified State Register of Real Estate. In it you can see all the main characteristics of the property, information about the owners, sales history, the presence of encumbrances and many other factors that may be a warning sign. If you see that the seller has owned the property for more than three years, then there is much less risk.

Order an extract from the USRN right now!

Reference principle

In practice, difficulties often arise in determining the beginning of the statute of limitations. Defenders of the suspects benefit from this, indicating that the time for prosecution has expired. However, the legislator quite accurately indicates the moment when the period begins to run, suggests suspending this process and resuming it again.

The beginning of the statute of limitations is considered to be the moment the socially dangerous act is committed and until the court pronounces sentences. When a person commits several crimes, several terms will be calculated.

The legislator also allows for the suspension of the limitation period, which plays into the hands of the investigation. However, this requires one of the following reasons:

• evasion of the suspect from the investigative authorities, failure to appear for interrogations, investigative activities, and so on;
• evasion of court;
• failure to fulfill the obligation to pay fines imposed by the court.

The term can be renewed only if the suspect is detained, turns himself in or makes the necessary payments.

The court has the right not to take into account the deadlines specified by law. This applies to situations in which fraud is a serious misdemeanor. The presiding judge can pronounce judgment and impose punishment, even if the period for doing so has already expired. However, this will require a clear justification for such a decision and confirmation of the danger of the crime committed.

Also, when investigating crimes of fraud, it is allowed to file a private claim for compensation for damage caused. In this case, it is necessary to meet the deadline of three years, regardless of the severity of the crime. The procedure for sending it allows for the transfer of a claim at the stage of preliminary investigation, during the process itself. In this case, such a claim can be considered directly in criminal proceedings.

Thus, the limitation of the implementation of liability measures implies the exact time frame within which the investigation, trial, sentencing and imposition of punishment must be carried out. For fraud, taking into account possible variations in its severity, the statute of limitations varies from two to ten years. To protect his civil interests, the victim must follow the rules of limitation, that is, file a claim before the expiration of three years from the date of commission of the act in question.

At what point does the statute of limitations begin to count?

The statute of limitations for fraud can be counted:

• From the moment the illegal act was committed.
• From the moment the victim learned of the fact of fraud against him and filed a corresponding statement with the police.

A fairly common example is real estate fraud. The developer collects money from shareholders and allegedly carries out construction work for some time, after which he simply disappears with the money. In this case, the term for fraud will be calculated from the moment of his disappearance, and not from the moment of signing the DDU.

Is it possible to extend the period

In the criminal law of the Russian Federation there is no concept of extending the statute of limitations. However, such a concept exists in the Civil Code of the Russian Federation.

In reality, the deadline can be extended only if there are serious reasons why the victim could not file a claim in court within the allotted time. The most common cause is severe illness. But the decision in this case is made in court.

Is it possible to interrupt the specified period?

It would be a mistake to think that you can commit a crime, sit out a few years somewhere and continue to live in society as if nothing happened.
The period in question begins to run from the moment the crime was committed. What stops his “movement” is the entry into force of the verdict in the case.

The course of the term is suspended if the offender hides from the investigation and court, or does not pay the fine imposed for a crime of minor or medium gravity, committed for the first time. That is, “laying low” will not be enough. If law enforcement agencies know who committed the crime and when, and the person is hiding, then the sentence will be suspended.

The renewal of the term occurs upon the arrest of a person, or on the day when the person himself appears to law enforcement agencies with a statement admitting guilt in a crime.

Pay attention to other materials from our experts on the topic of fraud. Read about the elements of a criminal act, how it differs from theft, embezzlement and embezzlement, as well as what the place and time of the end of the fraud are and what awaits the villain. . To summarize, we note that you should not count on exemption from liability due to the expiration of statutes of limitations.

It is not so easy to “remain undetected” for two years, let alone ten years.

To summarize, we note that you should not count on exemption from liability due to the expiration of statutes of limitations. It is not so easy to “remain undetected” for two years, let alone ten years.

To solve your problem RIGHT NOW get a free LEGAL consultation St. Petersburg

Grounds for criminal prosecution for fraud

To bring a person to justice for a crime under Art. 159 of the Criminal Code of the Russian Federation it is necessary to establish in his actions all the signs of a crime. First of all, there must be two circumstances: fraud or breach of trust and taking of property. According to the first, it is necessary to establish that the guilty person did everything in such a way that the victim did not doubt the veracity of his actions and intentions. For example, presented documents or performed other actions that inspire confidence. The second component of the crime - the seizure of the victim’s property can be expressed both in its unauthorized seizure, for example, the removal of jewelry during a “treatment” session, and in the voluntary transfer by the victim themselves, for example, he was misled by signing an agreement and transferred funds to the criminal.

Also read: What is fraud according to Article 159 of the Criminal Code of the Russian Federation

Identifying the perpetrators and bringing them to justice entails the start of the statute of limitations in criminal cases of fraud. A claim for damages can be brought within three years from the date of sentencing of the guilty party. In this case, the amount of damage and the severity of the crime, as well as the type and amount of punishment, do not matter. The maximum penalty for fraud is provided for in Part 7 of Art. 159 of the Criminal Code of the Russian Federation for fraud committed by a person while carrying out business activities and associated with causing particularly large damage as a result of deliberate failure to fulfill contractual obligations.

Punishment for this crime can reach ten years in prison with a fine of up to one million rubles.

According to other provisions of Art. 159 of the Criminal Code of the Russian Federation provides for other terms of punishment, including other measures of criminal prosecution. In addition, the type of punishment and the personality of the offender are affected. If he has been previously convicted, then the measure of his responsibility will be greater and the offender will be placed under more stringent conditions for serving his sentence.

Part 3, art. 159 of the Criminal Code of the Russian Federation: comments

Criminal prosecution of persons who have committed criminal acts begins at the moment of initiation of proceedings on the identified facts or when they are brought in as suspects or accused. These statuses have certain features that allow them to be distinguished. In particular, a suspect is a citizen against whom a case has been initiated or who has received notification of his suspicion of an act considered in Art. 159, part 3. A person becomes accused after the relevant decision is made. This document describes this status.

Additional questions

What else do those who have encountered fraud need to know?

Note that fraud is classified as a crime that is difficult to detect. Therefore, there are many subtleties and nuances here. It is very risky to independently declare your rights and try to recover damages from the culprit; it is better to contact a qualified lawyer. A specialist will help:

• correctly determine the statute of limitations for a specific case;
• highlight the requirements that must be satisfied as a result of the consideration of the case by the court;
• correctly draw up a statement of claim and formulate your demands so as not to delay the legal process;
• find out whether it is possible to extend the statute of limitations if a person did not manage to file a claim on time for certain reasons.

The lawyer will do everything in his power to protect the rights of his client and their full implementation. With its help, it will be possible to ensure that the crime case is considered in the desired direction. There is no point in trying to solve existing problems on your own, because in such cases, knowledge in the field of jurisprudence and practice in legal defense are important.

Even if you do not plan to use the services of a lawyer until the case is completed, you should definitely get at least an initial consultation to understand how to proceed and what measures to take. There are things where you can really handle it on your own, knowing what to do. But, in complicated fraudulent schemes, it is better to enlist the support of a specialist, significantly increasing the chances of success.

What to do if the statute of limitations has expired

Responsibility provided for in Art. 159 of the Criminal Code of the Russian Federation (for fraud), is qualified under the points of the article - from 100,000 rubles to imprisonment. Read more in the article here

If the time for filing a statement of claim has passed, the court has the right to refuse to consider the claim on the basis of Art. 199 Civil Code. But if the reason for missing the statute of limitations in a fraud case was valid, you can try to restore it. Extenuating circumstances must be related to the personality of the applicant and be a possible obstacle to the protection of violated rights. Some of them are given in Art. 205 Civil Code, namely:

• serious disease;
• illiteracy;
• the helpless position of the plaintiff.

But the court may take other circumstances into account. How valid the specified reason is, the court determines in each case individually, taking into account all the circumstances. Of course, these facts will need to be confirmed by relevant documents when filing a petition to restore the statute of limitations. This could be a medical extract from a medical institution about the disease, a certificate of disability, etc.

Does the statute of limitations depend on the amount of damage caused?

The severity of the material damage caused is a defining feature for many crimes of this nature.
If we are talking about fraud on a large scale (up to 250 thousand rubles), then the statute of limitations can be 3-5 years. For persons who have committed fraud on a particularly large scale (from 1 million rubles), the period of prosecution can be as long as 10 years. For such criminals, the sentence can be up to 5 years in prison.

Amnesty

An amnesty for economic crimes, as well as an amnesty for other criminal offenses, is expected this year. In December 2017, it was not yet clear whether there would be an amnesty in 2021. However, it was decided that the amnesty will take place in 2021.

The amnesty in criminal cases will be timed to coincide with Victory Day. The amnesty will apply to those who have committed minor crimes, have been convicted for the first time, or have young children in their care.

Thus, this year people convicted of economic crimes can expect to receive an amnesty.

Also in December 2021, a tax amnesty was signed. This means that in 2021, individuals and individual entrepreneurs will have their tax debts, which are currently listed as of January 1, 2015, forgiven.

In addition, for individual entrepreneurs and individuals who were previously engaged in private legal practice, tax debts that had accumulated as of January 1, 2017 will be written off.

The above categories of citizens are automatically eligible for amnesty; there is no need to apply to the Federal Tax Service for this.

Of course, many economic crimes have a very short statute of limitations due to the fact that they are usually considered light.

However, you should not hope that you will be able to avoid punishment by committing economic crimes.

You can learn about what is covered by the tax amnesty from this video:

https://youtube.com/watch?v=njeE3qIynKI%3Fecver%3D1

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Definition

If beating loved ones or other violent actions did not lead to consequences (specified in paragraph 115), but caused physical suffering (Part 1), then the punishment may be in the form of:

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

Punishments are now becoming stricter. Let's figure out what falls under paragraph 115 of the Criminal Code. It refers to the intentional infliction of light harm to health, causing loss of ability to work for a short period of time.

If the harm to health is caused to moderate severity (art.

112) or more seriously, subsequent punishments are dictated under other articles and conditions (state of passion, negligence, exceeding self-defense measures, etc.) of the Criminal Code

This is interesting! Article 161 of the Criminal Code of the Russian Federation - robbery: text, explanations and comments

These crimes are directed against a person’s personality and can be committed by a group of persons or by one person, characterized by a violation of the biological integrity of the victim’s body or its parts.

“Battery” is now considered illegal actions related to subjects who are relatives or individuals. persons with common property, but if they are not such, violators bear administrative liability.

In addition, people whose motive for beating others is racial, religious, national hostility and hatred, personal hostility towards a particular social group, or hooligan motives are brought to criminal liability under this article.

Please note: this type of criminal case is initiated on the basis of a statement and medical certificate of beatings from the victim, and now it is impossible to withdraw this statement.

Therefore, before submitting it to the authorities, consider the decision more carefully. Perhaps it is better to punish the offender in a material form from under the “stick”.

Example:

The consequences of beatings may take some time to show themselves. A woman who was beaten by her husband was hospitalized due to severe headaches and nausea. Diagnosis: traumatic brain injury. A forensic medical examination was carried out and the circumstances of the incident were clarified. As a result, the husband was arrested for 5 years for serious bodily harm, this is already Article 112.