Changes in legislation related to domestic violence

Let's talk about domestic violence. Do you also think that the expression “hitting means loving” is correct and makes sense?! No, you definitely need to do something in this situation. Initially, you need to understand whether it is possible to preserve family relationships.

Can a woman forgive everything and not remember the offender all the pain that he brought her with beatings? Often, in order to understand everything, it is necessary to seek the help of a family psychologist who specializes in these issues.

What to do if a husband beats his wife?

If nothing could be resolved, everything has gone too far, then of course heavy artillery is needed with shots right on target:

1. Reporting beatings to the police as soon as possible after the incident, because abrasions and bruises heal, which means evidence of harm to health disappears
2. We receive a referral for examination and determine the extent of the beatings. It is possible that we will talk about more serious consequences, because the female body is weaker, male aggression is destructive in impulse
3. We demand administrative, criminal, civil liability, compensation for moral damage, and punishment of the perpetrator.

During the divorce process

The period of time allotted for divorce proceedings between spouses is one of the most difficult from a psychological point of view. A woman can experience her husband's anger on herself for any of the reasons: it could be failure at work or anger for filing for divorce.

IMPORTANT! Unfortunately, police officers have internal instructions not to interfere in family quarrels that occur during the divorce period.

But in this case, what can a wife do when she is fleeing from a husband who raises his hand? You need to leave him and not meet until the end of the joint divorce activities. There are circumstances in which an ex-husband and wife have to intersect in life. For example, if after a divorce the former spouses live in the same apartment and the husband’s fists are used, then the case will be considered to the fullest extent of the law.

Even more features of collecting evidence in case of beatings.

How to record beatings of a husband?

After a beating by a husband has occurred, the beating can be recorded in several ways:

1. call the police and file a report against your husband about beatings
2. contact a medical organization to record the beatings and obtain a certificate of beatings
3. if the police were not called initially, then contact the police after the medical organization
4. You can also take a photograph of the battered victim. Perhaps, when contacting the police, they will make a photo table of the marks of the beatings

It should be noted that the most accurate option for recording beatings is to contact a medical institution as soon as possible and obtain a certificate.

If the police were called first, then upon arrival the police have the right to call an ambulance, and if they went to the hospital first, then the doctor is obliged to inform the police about the beating of a specific person.

Features of the crime

Not every beating by a husband of his wife will be classified under the article “Battery”. For qualification, the circumstances of the offense and, above all, the degree of harm caused are taken into account.

After all, beating a wife can also be done in different ways. Sometimes the beating ends in the death of the spouse. In this case, there can be no question of beatings.

In current legislation, there are three degrees of harm caused to health:

• Mild – involves 10% loss of performance and health impairment for no more than 21 days. These actions include beatings. As a result of the beating, the spouse receives minor abrasions, bruises, and hematomas.
• Average – assumes 30% loss of performance and health impairment for more than 21 days. Such injuries include various fractures and concussions.
• Severe – serious injuries that threaten the life of the victim. This may include facial disfigurement, loss of hearing or vision, rupture of internal organs, spinal fracture, etc.

The severity of the harm caused is determined by the conclusion of a forensic medical examination.

It is the degree of severity that will determine under which article your husband will be judged. The main thing in this matter is to record the beatings in a medical institution in a timely manner and as quickly as possible.

In addition, the most important factor, in addition to the degree of damage, for a correct qualification is the frequency of the commission of such crimes by the tyrant husband.

The first attempt to commit beatings is classified as an administrative offense, a repeat attempt is a criminal offense.

How to write a police report against your husband?

When contacting the police, the victim may be given a crime reporting form. If such a form was not issued, then write a statement in free form, indicating the following information:

• name of the police department to which the statement is being written
• information about the applicant, namely, full name, date and place of birth, passport details, place of residence, telephone number
• title of the document – ​​statement of crime (about beatings)
• the text of the application indicates the circumstances of the crime committed against the applicant, i.e. by whom, when, under what circumstances the beatings were inflicted, what parts of the body were struck, etc.
• in the pleading part of the application, the applicant indicates his request to initiate a criminal case and bring his husband to criminal liability for assault
• the application should also indicate that the applicant has been warned of liability for knowingly false denunciation
• if any documents will be attached to the application, list them in the attachment
• The application must be dated and signed by the applicant

Prevention of domestic violence in Russia

Beating a wife by her husband is a common article. In modern Russian society, the main problem in addressing the issue of “kitchen wars” is the lack of preventive measures to prevent domestic violence.

The only federal law that is aimed at improving the crime situation in the country is Federal Law No. 182 of June 23, 2021 “On the fundamentals of the crime prevention system in the Russian Federation.” It is difficult to talk about its effectiveness given the statistics on beatings and other types of domestic violence.

To change the situation radically, a number of measures are needed that will combat the problem specifically in relation to domestic fanatics:

• It is necessary to create a federal law on the prevention of domestic violence.
• Increasing the number of hotlines and socially responsible organizations that are ready to provide assistance to victims.
• Explanatory work on education and development.
• Formation of public opinion against domestic violence.
• Increased attention to social segments of the population that are at risk.

First of all, what is needed is a prepared federal bill that would define the legal and organizational foundations of social and legal protection, as well as the powers of public authorities, and the range of preventive measures to combat violence.

Several attempts have already been made in Russia to develop federal bills. For example, in the draft federal law presented on September 28, 2021 by State Duma deputy S.Sh. Murzabaeva. and member of the Federation Council of the Federal Assembly of the Russian Federation A.V. Belyakov, proposed for discussion measures to solve the problem of domestic violence, based on the experience of advanced countries.

Here are some specific proposals received from the developers of the Federal Law:

• The need to deliver the victim to a safe place, or transfer him into the care of a public service.
• Creation of documents protecting the injured party.
• Development of programs in the field of violations at the state level.
• Providing free legal support.
• Forecasting.
• Attracting and training police officers.
• Maintaining accurate statistics and recording the number of cases of violence.
• Training, i.e. professional training, for school staff on issues of prevention of violations.

Such measures would make it possible to prevent a significant number of crimes committed at home.

Such special laws have been developed and successfully applied in approximately 90 countries around the world (including CIS countries). In the USA, the situation was improved in a fairly short time after the development and implementation of a special law: the number of offenses decreased by 4 times.

Thanks to this law, police officers are ready to inform a woman about her rights; the victim has the right to obtain a protective order, which orders the perpetrator not to approach the victim at a distance established by the court. Special shelters have been organized for victims of domestic violence.

Canada is the undisputed leader in the fight against domestic violence and protection of women's rights. Already in the 70s of the last century, active educational work on issues of family violence began: a special newsletter was distributed, about 50 films were made, and special training programs were introduced for schoolchildren and students.

Canada was also able to collect comprehensive statistics on the number of cases of domestic violence, sufficient to conduct serious sociological and gender studies. In many ways, the answer to the question of the origin of domestic violence was the historically established “subordinate” role of women in society; domestic violence is just one of the ways to assert the dominant role of men, therefore the fight for equality is one of the key campaigns that radically changes the situation that has developed over centuries and takes society to a new level.

What to do if your wife writes a statement about beatings?

How a husband should act if his wife wrote a statement about beatings depends on the specific circumstances of the case, namely, whether the husband inflicted the beatings or not.

In the case where the husband did not beat his wife, appropriate explanations should be given, and also try to “catch the wife in a lie,” but this is better done in a court hearing, when the case is considered by the court. At the same time, if, for example, the husband did not inflict beatings because he was not near his wife at all, and this can be confirmed by witnesses, it is necessary to petition for the interrogation of such witnesses.

It is possible that the husband did not inflict the beatings, but on the contrary, the wife inflicted the beatings on the husband; in this case, the husband may write a counter-statement to hold the wife accountable for the beatings.

If, nevertheless, beatings were inflicted, then it is worth thinking about the possibility of reconciliation with the victim and termination of the criminal case on this basis. Even if you really don’t want to reconcile, you should overcome yourself and reconcile with the victim, or at least try to reconcile. It is in the interests of the husband that the criminal case be dropped, otherwise he will face a criminal record for assaulting his wife.

What responsibility does a husband face if he raises his hand against his wife?

Everything will depend on the severity of the beating, but in any case, this is the first thing you should know and the degree of responsibility will be higher depending on the severity of the harm caused by the beating, because harm to health can be mild, moderate and severe.

Responsibility for beatings arises according to the Criminal Code of the Russian Federation and it is as follows:

1. If the beating is not severe and minor harm to health is caused , which is determined by a forensic medical examination, because minor harm to health is a short-term health disorder, general ability to work is slightly lost, in general it can be bruises, abrasions, contusions and other damage that was not caused serious harm to health, there is a bruise and it passed without consequences. In this case, you can be held accountable for such an act under Article 115 of the Criminal Code of the Russian Federation. As such, liability for this act is a fine of up to 40,000 rubles, or compulsory labor for up to 480 hours, or corrective labor for up to 1 year, or arrest for up to 4 months. In general, there is no smell of punishment here as such, well, at least of course it’s up to you to judge, but still, I think you can influence your spouse here by arrest, a fine is always a blow to the family budget, and 40,000 I’ll tell you this is not a small amount for a family and a fine here the problem cannot be solved, it will only put the family in an even worse situation, but correctional labor or compulsory labor also disciplines;
2. But here, too, if harm to health was caused intentionally , then the perpetrator can be prosecuted under Articles 111 of the Criminal Code of the Russian Federation for causing grievous harm to health and 112 of the Criminal Code of the Russian Federation for causing harm to health of moderate severity;
3. Have you received death threats? In this case, the act is qualified under Article 119 of the Criminal Code of the Russian Federation and the punishment can be up to 480 hours of compulsory labor, or restriction of freedom for up to 2 years, or forced labor for up to 2 years, or arrest for up to 6 months, or imprisonment for up to 6 months. 2 years;
4. If a husband beats systematically , then this is classified as repeated beatings or repeated violent acts over a certain period of time, and such acts are classified under Article 117 of the Criminal Code of the Russian Federation, this is torture. But this can be considered torture if short periods of time pass between incidents, for example 2-3 days or a week;
5. Now I want to talk about beatings , and here everything is not as simple as it might seem, because there may be no traces of beatings, especially since delivering a single blow cannot be qualified as beatings. For beatings, the inflictor of harm is held accountable under Article 116 of the Criminal Code of the Russian Federation. Batterings do not always leave marks, but beatings can appear on the victim’s body as scratches, abrasions, hematomas, and bruises. To record visible or invisible damage, you need to consult a doctor or medical expert, because only a person with knowledge in the field of medicine can clearly determine the mechanism of formation of damage, their location, determine the time of their occurrence, signs characteristic of a specific type of damage, and also characterize the object or the manner in which the damage was caused. If there are no visible traces of beatings, then the fact of the presence of beatings is characterized by the complaints of the victim, because it is the complaints that are reflected in the medical examination, and the reaction to palpation of the areas of the body where the beatings were carried out is also described. Also included under beating are such actions as wringing (twisting) hands, pulling out hair, hitting the face with palms, choking techniques and other impacts causing physical suffering.

How to withdraw a police report against my husband?

Some victims, first in a fit of anger and resentment, run to the police and write a statement against their offender. When the anger passes and the victim calms down, especially when the husband comes to reconciliation, then there is a desire to withdraw the statement against the husband from the police. Is it possible to withdraw a statement from the police and how to do it?

In general, there is no possibility of withdrawing your statement from the police, since the statement of crime is recorded in special journals, investigation materials are opened based on it, and criminal cases are initiated.

In some cases, you can refuse the application and ask to dismiss the case. However, in these cases the question arises about the grounds on which the person applies. If the victim wrote a statement about her husband falsely committing a crime against her, then she can be prosecuted for knowingly false denunciation. If the victim reconciles with her husband, the case will be closed due to reconciliation.

The main causes of family conflicts and assault

Despite the fact that conflicts that lead to the use of physical force by a spouse are very common in many families, men and women try to maintain the union.
When conversations at the everyday level do not help, some of them resort to the help of specialists. From time to time, in every family, difficulties arise in mutual understanding due to conflicting interests, needs and motives.

This inevitably leads to conflicts. The most common of these are those that occur between spouses and their children. To understand the consequences of systematic quarrels that can occur for a husband and wife, you need to know their main causes.

Unfortunately, some grounds for conflicts lead a family to certain negative legal consequences (divorce, deprivation of parental rights, etc.), among them are:

1. alcoholism . It refers to a person’s loyal attitude to alcoholic beverages, which is expressed in their use to relieve stress or tension, and have fun in company. Often, spouses do not notice how they become hostage to alcohol. Alcohol addiction can develop in one or more family members. If, for example, a man suffers from it, his wife and child are in an unhealthy home atmosphere. In addition, family alcoholism ultimately leads to poverty, unemployment, frequent conflicts, various types of violence and cruelty, and deterioration in the health of a constantly drunk person. In general, alcoholism inevitably leads to a chaotic lifestyle, which often ends with the involvement of doctors and law enforcement agencies in the problem;

2. 
   jealousy.

   Unfortunately, society considers this feeling a manifestation of strong love. This position is especially held by representatives of older generations. However, observing the real consequences of jealousy, one cannot help but note that it poisons family life and makes it difficult for both partners. Groundless jealousy not only leads to numerous family conflicts, but also indicates a certain pathology of the person experiencing this emotion. Often such people are endowed with certain character traits: suspicion, self-doubt, mistrust and emotional imbalance.
3. treason _ It is also one of the circumstances that provokes family conflicts. Due to the extremely negative attitude of the spouses towards the fact of their partner’s infidelity and the unwillingness to acknowledge the guilt of the injured party in what happened, the man and woman begin to have a lot of conflicts, and mistrust and suspicion appear in the relationship. Most often, such a “painful” union ends in divorce;
4. level of self-esteem . Oddly enough, dissatisfaction of one of the spouses with how strongly his personal importance is confirmed in the family will inevitably lead to conflict. It also refers to one partner's lack of respect for the other's self-esteem, due to the former's (or both of them's) inflated self-esteem. Against the backdrop of this problem, even a minor quarrel can develop into a serious conflict only because one of the spouses was unable to adequately assess the stop.

What is considered beating and legislative measures to combat it

Russian laws do not provide for significant differences between domestic violence and violence in general, directed at third parties. Thus, marital status does not mitigate or minimize punishment.

Beating is a multifaceted, flexible concept. Therefore, the Ministry of Health of the Russian Federation usually divides the physical harm caused into the following categories:

• beatings;
• mild, moderate and severe harm to health.

The Criminal Code of the Russian Federation provides for special sanctions for beating (especially if it is torture - regular infliction of harm, that is, beating occurs two or more times over the course of one calendar year) or infliction of any physical injury. This also includes psychological violence.

So, depending on the physical damage caused, different codes will be used, and, therefore, different responsibilities and classifications of violation of the law will be used: for a one-time case of beating, the husband faces administrative punishment, for frequent precedents - up to 3 years of imprisonment. If within one year the husband has already been brought to the police for causing physical harm, then repeated liability for this will already be criminal.

Causing grievous harm

The Criminal Code of the Russian Federation provides for Article 111. This document means damage to health that is life-threatening. As a result, the following complications could arise:

• loss of organ, hearing, vision, speech;
• loss of functionality of one of the body parts;
• abortion;
• mental disorder;
• drug addiction or substance abuse;
• facial disfigurement that cannot be corrected;
• significant loss of performance (1/3 or more), as well as complete loss.

If a husband beats his wife, liability under this article provides for imprisonment of up to 8 years.

Jealousy

In society, it is believed that jealousy is a manifestation of strong feelings. The older generation often takes this position. But if you look at the consequences of that same jealousy, it becomes clear that it literally destroys families. Unreasonable jealousy leads to frequent quarrels in the family.

Often jealous people exhibit character traits such as suspicion, mistrust, emotional instability, self-doubt, and low self-esteem.

Husband beat a child

Beating a child is not a misdemeanor, but a crime. This is causing physical harm to a minor.

If your spouse beats your child, you should immediately call the police. After which you will have to carry out the procedure for removing the beatings from a doctor and involve a lawyer in the case. Then wait for the trial.

If violence against a child was committed in public, then the victim may not write a statement for the investigation.

If a husband beats his wife, what is the punishment we found out. But for beating a minor child it will be more severe. If law enforcement agencies have not identified the crime, then he will be deprived of parental rights and a criminal sanction will be imposed. He will be required to pay a fine of up to 100,000 rubles or be imprisoned for three years.

All cases of violence against children have been recorded. The guardianship and trusteeship authorities, special departments of the internal affairs department, psychologists, the prosecutor's office and teachers act as protection.

Additionally, the court may consider criminal liability if child abuse is detected in accordance with Article 156 of the Criminal Code of the Russian Federation.

For beating a child, a man is punished under two articles.