Unfortunately, cases when you have to write a statement about beating a child are not uncommon.
Children often fight among themselves. Usually this does not have any consequences.
But what to do if the beatings caused harm to your health?
In the article we will look at filling out a statement about beatings, beating a student at school, and what to do if a child was offended in kindergarten.
If this situation occurs, you must:
- contact the police or a magistrate.
- Receive a referral for examination (removal of beatings).
- Remove the beatings, get a document from the doctor.
- Write a statement about the beatings and attach a medical report. examination.
This is the general procedure for beating a child. The police, having received a statement and a document confirming the beatings, decide to initiate a criminal case or use other punitive measures.
When and why to contact the police
In accordance with Art. 33 of the Constitution of the Russian Federation, citizens have the right:
- personally contact state bodies and local governments;
- prepare individual and collective applications (including online).
IMPORTANT!
Currently, citizens also submit appeals to the departments of the Ministry of Internal Affairs through the department’s website, sending a statement to the police about online fraud, a complaint about facts of corruption, violation of official ethics, etc.
To implement this right, Federal Law No. 59 of 05/02/2006 was approved - it applies to all requests from citizens, except for applications the filing of which is regulated by other federal laws. Order of the Ministry of Internal Affairs of Russia No. 736 dated August 29, 2014 establishes the procedure:
- receiving, registering and resolving citizen applications about crimes, administrative offenses, incidents (including online);
- departmental control over its compliance.
Territorial bodies of the Ministry of Internal Affairs, guided by instructions, accept, register, consider applications (including online applications to the Ministry of Internal Affairs and messages):
- about crimes;
- administrative offenses;
- about incidents.
Applications are submitted in writing, communications are submitted orally and online. They are subject to acceptance, registration and verification.
IMPORTANT!
A written complaint about a crime contains a warning about criminal liability for knowingly false denunciation - a special note is made in it. It is certified by a personal signature (Article 306 of the Criminal Code).
The refusal to accept a report of a crime is appealed to the prosecutor or to the court in the manner established by Articles 124 and 125 of the Code of Criminal Procedure. The website of the Ministry of Internal Affairs of the Russian Federation and the regions already has the opportunity and form for submitting an application (application) online, a mobile version works:
- to the department itself and its territorial bodies;
- in the department for combating corruption and extremism;
- criminal investigation, law enforcement and drug control departments;
- other divisions.
Online appeals from citizens are for informational purposes only and are not yet a government service—the procedure for filing a police report online is not specified in the regulations. In some cases, you will be invited to the Ministry of Internal Affairs to fill out a written application. Applications that do not include:
- Full Name;
- E-mail address.
In May 2021, the Federation Council Committee on Constitutional Legislation proposed changes to the Criminal Code:
- establish the procedure for registering online applications on a par with paper ones;
- extend the laws on false accusations to online communications.
Can a minor file a police report?
Reporting child abuse to the police. Article 19 of the Convention establishes the need to protect the rights of the child from all forms of physical or mental violence, insult or abuse, neglect or neglect, abuse or exploitation. Abuse is not limited to beatings. Ridicule, insults, humiliating comparisons, and unfounded criticism can be no less traumatic. In addition, it can be rejection, coldness, leaving without psychological and moral support. Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents. When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children or their moral development.
How to contact the Ministry of Internal Affairs via the Internet
You can submit an online application to the Ministry of Internal Affairs about an offense in 2020 in all regions without registration through:
- website of the Ministry of Internal Affairs of the Russian Federation;
- website of the Ministry of Internal Affairs of your region;
- mobile application of the Ministry of Internal Affairs.
IMPORTANT!
Through the Gosuslugi website, in most parts of Russia, appeals are available only to the prosecutor’s office; whether it is possible to file a complaint online with the police in your region is checked in the user’s account.
Please note that if a crime has occurred, an event that directly threatens personal and public safety at the present time, you should promptly call 02 from a landline phone and 102 from a mobile phone. For other requests, read the step-by-step instructions on how to write a police report online, where to find the form and when to expect a response.
Step 1. On the main page of the Ministry of Internal Affairs website, click the “For Citizens” section button. Select the item “Reception of requests from citizens and organizations.”
Step 2. In the list of departments, select the desired department, mark it by checking one of the boxes. Information about the functions of the department will open; after selecting the department, click “Continue” at the bottom of the page.
Step 3. Read the information provided, check the box confirming that you have read it, and click “Submit an appeal.”
Step 4. Fill out the form that opens - option for the regional website of the Ministry of Internal Affairs of the Tver Region.
Step 5. Having selected a territorial division, fill in the information and indicate the address for response and the location of the event that you intend to report.
Step 6. If your written request is repeated, provide information about where and when you already wrote. Fill out the “Text of Appeal” window - the police application form to fill out is not approved by law. It is better to prepare the text that you enter into the online form in advance. Attach files with the necessary documents (if any). Send a request.
Grounds for application
Every resident of the Russian Federation, in accordance with current legislation, has the right to seek help from law enforcement agencies in the event of a violation of their rights and interests, as well as to prevent offenses, report a crime or other incidents.
The police, in accordance with the provisions of Article No. 12 of Federal Law No. 3 of February 7, 2011, are obliged to accept all applications received from citizens.
See also: What does protection against telephone scams include?
Further, a comprehensive audit must be carried out on accepted applications, the results of which must be notified to the applicant within the period specified by law.
The next day
So, a police report was filed. The time frame for its consideration is known. What's next? The actions that the applicant must take are also important. In practice, citizens usually simply wait for the case to be considered. But in fact, there is a certain number of actions that can affect the course of the matter. Or rather, speed up the process of its consideration by the police.
A day after filing a statement about a particular violation, a citizen must call the police department where the statement was left. It is required to provide the number of the previously written document, as well as clarify information about the employee who is involved in it. It is best to call the person concerned immediately and then check with them to see how the review process is progressing. This is the legal right of all applicants. It is advisable to ask about how you plan to act to resolve the violation that has arisen.
Types of statements
As with any other crime, theft has several types.
Depending on the type of crime committed, a specific statement is drawn up, which may also belong to one specific type.
Let's look at the most basic ones.
The statement that is drawn up upon the fact of theft is rightfully the most common.
This happens because the applicant has already discovered the fact that something was missing and assumed that a certain theft had been committed.
Further, the statement regarding the theft has a clearly established structure.
The statement of theft includes grounds that indicate evidence that the theft actually occurred.
Only after analyzing all the arguments presented on the application, a conclusion is made by the police officers, and they begin to consider the case.
As a rule, the fact of theft is proven by the traces found and the victim’s arrest of the criminal himself.
Thus, the fact of theft itself is investigated, motives are expressed, and the possibility of committing such a crime is not established.
About theft of property
A statement about theft of property is drawn up if the loss is discovered, but there is no logical explanation for its absence.
For example, the owner returned to his apartment, which clearly showed signs of theft, but the owner did not find the thief himself.
Legal entity
Theft of property of a legal entity is a separate type for the application being drawn up.
The fact is that the theft of property is a secret theft, and theft from a legal entity is a secret theft that is complicated by the legal status of the organization.
When a theft has been committed, and the victim is none other than a legal entity, the statement has a slightly different form.
Thus, it does not indicate the passport details of the defendant, but the details of a legal entity.
Namely: legal name, address, information about the head of this person.
The form for completing such an application should be provided to you at the police department.
Statement of claim
A statement of claim is a statement that is submitted not to the police department, but directly to the court.
The statement of claim has a specific defendant, which means the victim knows who committed the theft and demands that he be brought to justice.
The statement of claim is filed at the place of residence of the defendant.
As a rule, district courts deal with theft cases.
Before submitting your application and documents to the court, you must pay the state fee and only after that your case will be considered in court.
If any deficiencies are found in your documents or the application is drawn up incorrectly, it will be returned to you for redoing.
Therefore, in order not to waste precious time, check in advance the accuracy of all documents submitted to the court.
Sample application for beating a child at school and beating in kindergarten
Unfortunately, cases when you have to write a statement about beating a child are not uncommon.
Children often fight among themselves. Usually this does not have any consequences.
In the article we will look at filling out a statement about beatings, beating a student at school, and what to do if a child was offended in kindergarten.
- contact the police or a magistrate.
- Receive a referral for examination (removal of beatings).
- Remove the beatings, get a document from the doctor.
- Write a statement about the beatings and attach a medical report. examination.
When contacting the police, the officer will definitely ask you to write a statement. He will tell you the form and rules for filling it out himself. The application is written in any form addressed to the head of the police department. Can be filled out in printed form or by hand.
The application must include the following information:
The application can be submitted by the child himself, his guardian or parent.
Terms of consideration
The period for consideration of an application submitted to the police should not exceed three days. But this condition is not always possible to comply with, therefore, in accordance with Article No. 144 of the Code of Criminal Procedure of the Russian Federation, if necessary, the period for consideration of the application can be extended to 10 days.
Reasons for extension may be:
- need to collect evidence
- waiting for the results of the examination
- obtaining additional information about the offense
Statement of claim
When the perpetrators are found, the victim has the right to realize compensation for losses; a claim is filed with a judicial authority. A lawsuit must be filed after a criminal case has been initiated, but before the trial begins. When making claims for compensation for losses from theft, the victim is a civil plaintiff and is obliged, at the first request of the judge, to submit the necessary papers directly related to the filed claim for theft.
A civil claim may be supported by the prosecutor himself. Sometimes a judge, when considering a criminal case, decides to compensate financial damages to a victim who did not file a civil lawsuit. But it is better not to rely on chance and draw up a claim correctly.
Important! It should be borne in mind that the guilt of the criminal in committing a crime is proven by a conviction, and the plaintiff must provide evidence of damage that was caused in a certain amount. .
In order for the judge to take the claim into account, it must be drafted correctly. A claim is filed with the judicial authority located at the address of the defendant
It is important to state the requirements without distorting the actual amount of damage suffered. A correctly filed claim will make it much easier for the judge to make a ruling.
Along with the claim, some other documents are sent to the court:
- copies of the claim handed over to all parties to the case;
- power of attorney if the lawyer represents your interests;
- documents that are significant for the consideration of a criminal case;
- evidence that the plaintiff complied with all conditions of pre-trial disputes established by law;
- an indication of the amount of damage and the corresponding calculations during which this amount was presented.
Missing person
Everything is individual, so it is impossible to say exactly how long to wait under certain circumstances. Almost every situation has to be considered separately. Recently, more and more often, citizens are turning to the police with reports of missing loved ones or acquaintances. Typically the request is made on the 3rd day of the person's absence. Such statements are responded to very quickly.
Often the waiting period for action to begin is 1 day. But you shouldn’t really count on such a situation. As practice shows, the established waiting period is on average 3 days. This is how long you will have to wait to start searching for a person after reporting him missing.
The role of the media
The second part of the commented norm indicates the importance that media have in the life of society today. Strengthening the role of the media in conditions of openness requires the establishment of a separate set of provisions relating to the verification of messages distributed in mass media.
In this regard, specific responsibilities of editorial directors are determined. They must hand over all available materials containing information about the acts. We are talking, in particular, about audio, video recordings, documents, photographs, etc.
The law obliges the head of the editorial office to convey information about the subject who became the source of the message. However, the rules take into account constitutional provisions regarding confidentiality of information. If a person acting as a source of data imposes a condition on keeping information about him secret, then the editors are obliged to fulfill it. Accordingly, they cannot demand to disclose it.
Assault filing a private complaint
In case of beating, the victim must contact the nearest police station to submit a statement, drawn up in free form and addressed to the head of the department. After this, the applicant receives a referral for a medical examination. During the examination, the doctor records all existing bodily injuries in the medical record.
It is important to document in the statement a list of injuries received, the exact date, place and time of the crime - all details important for the investigation, including the possible cause of the beating. The text of the application must indicate the medical institution and the date of examination
You must also provide contact information for witnesses to the crime, if any. The conclusion of the statement is a request to bring the person who committed the beatings to criminal responsibility.
