Encroachment on the life and health of a citizen is an act punishable under the Criminal Code. Group beatings are classified as a more serious crime than similar violence committed by one person. Punishment for beatings inflicted by several people is not established in a separate article of the Criminal Code of the Russian Federation. This is an additional aggravating circumstance that makes it possible to assign the maximum degree of responsibility to a group of criminals.
Features of group beating
Battery by a group of people implies tougher punishment for the criminals. Two, three, or more people can take part in a mass beating. Almost always, attacks are carried out by prior criminal conspiracy. The reasons for aggression may be related to religious, racial, and political views. There are cases when a person is beaten for hooligan reasons or due to personal hostility. The defendant in such a crime is always an individual.
Features and nuances
Any case of domestic violence is unique; it is impossible to judge the situation as a whole based on one fact that has become known. Some nuances also become important. For example, this is beating a minor of his peer.
Beaten by father
The child takes punishment from the father for granted, but what is worse is that the mother, the other person in her family, considers violence to be the norm and does not consider it necessary or is simply afraid to report the beatings. In this case, the testimony of witnesses and teachers, whose responsibilities also include protecting the child, is valuable.
Babysitter beating
It is not always possible to immediately notice the fact of beating, or even systematic beating of a child by a nanny. The baby will be afraid to say where he got the bruises; the nanny herself may intimidate him, saying that the parents will punish him in the same way for what he did.
Important! Parents are obliged to be vigilant, pay close attention to the appearance of wounds and bruises on the child’s body, and thoroughly find out where they came from. Rough treatment of a small child is simply unacceptable.
Corpus delicti
Beating is considered to be the intentional infliction of injury accompanied by pain. In this case, the criminal can not only carry out blows, but also use strangulation, pinches, and bites. The degree of damage to the body may vary. Sometimes the victim only receives abrasions and bruises. More severe cases result in prolonged disability and loss of function of individual organs. To bring charges against criminals, all injuries must be recorded by medical specialists. Only in this case can a criminal case be initiated and the perpetrator held accountable. When considering a case of beating, factors such as:
- the fault of the victim in the incident;
- self-defense of the accused.
To classify a beating as a group crime, it is necessary to find out how many people took part in it, and whether they had a prior conspiracy.
Reasons for the start of the fight
There are situations in schools when peers mock each other in a rather rude manner, but not every such conflict leads to beatings. Each parent raises their child differently from others. There are secretive and uncommunicative children who are afraid to express their opinion or defend it. Another category of children feels that they are permissive and commits actions that can cause a conflict of interest.
Almost all teenagers know that there are certain boundaries of behavior that cannot be violated, but they do it. There is a widespread belief among underage teenagers that with the help of a fight you can solve any issue and gain additional respect from friends, classmates and girls. Today, computer games, the Internet, and films have become an integral part of almost every modern teenager. In the overwhelming majority of cases, they all promote and demonstrate to the child aggression and hatred, which they transfer into real life onto their peers.
It is for these reasons that conflicts arise between teenagers, which result in beatings. A showdown between teenagers can develop into a similar showdown between their parents.
Qualifying features
To establish the punishment for criminals, several basic conditions are taken into account:
- the degree of harm caused to the person;
- number of attackers;
- motives for the crime;
- age of the victim;
- preliminary preparation for beating.
The determining parameter is the degree of harm caused to the victim’s health. In accordance with this, the Criminal Code of the Russian Federation provides for several articles to qualify a crime:
- Article 111 defines liability in the event that a person is seriously injured. Because of them, a person loses the opportunity to work for a long time. The victim's ability to work is reduced by at least one third. In some cases, injuries can be life-threatening. Liability under this article is aggravated when the beating resulted in loss of vision, hearing, individual organs, mental disorders, or termination of pregnancy.
- Article 112 deals with less severe injuries. The damage considered in it will be classified as harm of moderate severity. In this case, there is no threat to life, but the result of the beating may be long-term treatment and long-term disability. Aggravating factors under this article, in addition to the participation of a group of people, are beatings of minors and helpless people.
- Article 115 deals with beatings that cause minor harm to health. The victim needs to undergo treatment, after which the ability to work is restored. The fact of using weapons or items replacing them increases the degree of responsibility under the article. Sometimes they are used to threaten the victim.
- Article 116 deals with cases of beating without causing harm to health. The only downside is physical pain. Circumstances aggravating the crime will be hooliganism and manifestation of hostility towards the victim.
- Article 117 makes it a crime to commit systematic beatings.
- Article 138 regulates the punishment of criminals who beat a government official while he is on duty. In this case, the victim is no longer considered simply as a citizen, but as an employee performing government duties. The degree of responsibility of the perpetrators will depend on the danger of the beatings inflicted on the life of the victim.
Depending on how much the victim suffered, the punishment will be determined according to one of these articles.
Reasons and motives
Among the reasons why parents physically punish a child or minor are often cited family traditions of upbringing , the inability to cope with other methods of influence, and the uncontrollability of a son or daughter.
However, most often the root of the problem is the incompetence of mothers and fathers, inability to educate or unwillingness to fulfill the responsibilities of raising children. Often they take it out on children for failures at work and in their personal lives, considering them to be the culprits of all troubles.
Most often, beatings are inflicted on children under 5 years of age: the child is obviously helpless, he does not yet understand where and how to turn for help, or who to tell about the fact that he is being beaten.
Sometimes such children do not even know how to speak, or they have been told that it is shameful and forbidden to talk about such things with strangers , or minors are intimidated and are afraid of more serious punishment if they let slip about where they got the bruises.
As a rule, already at school, where children are in front of many strangers - peers, teachers, psychologists, it becomes impossible to hide the truth. Kids are already able to correctly assess the mood of their parents and the level of threat, run away, hide, and call for help.
Bruises and abrasions will certainly attract attention, and the student himself is able to talk frankly with the teacher. That is why the very facts of beatings of school-age children become known more often, but offenses and crimes against them occur less often in families.
How to prove a crime and where to go
The first step for a victim after a beating should be to go to a medical facility. They will not only provide the necessary assistance, but will also issue a document confirming the presence of bodily injuries. It will become the basis for filing a claim against the criminal. When making entries in the medical record and temporary disability sheet, doctors must indicate in them the nature of the injuries received. The victim should ensure that even minor bruises and bruises are described. To determine the severity of the harm caused, a forensic medical examination will be required. These documents, in addition to proving the guilt of the criminals, will become one of the justifications for the amount of compensation for damage.
After a person has suffered from an attack and beating, he must definitely turn to law enforcement agencies to protect his rights. Not only Russians, but also citizens of Ukraine, Kazakhstan, China and any other countries have the right to write a statement to the police about beating. The location of the appeal will depend on whether the identity of the attackers is known. More often than not, victims of crime write a statement to the police. Its employees will conduct an investigation, collect evidence and take measures to apprehend those responsible. If the criminals are known and there are documents confirming their actions, you can file an application with the court or prosecutor's office. The testimony of witnesses plays an important role in proving the fact of beating. It is difficult to obtain them on the spot, but many victims can collect contact information of people who saw the circumstances of the incident. If photographs and videos of the crime remain, they can be used as evidence.
Important! It is advisable for the victim to begin to act immediately after the beating, so that police officers quickly receive information and begin working to apprehend the criminals. And in the first hours after an injury, it is easier for medical workers to describe the nature of the beating.
Beating a child by his parents
Often, in response to allegations of harsh treatment of children, parents motivate their actions by the accepted method of education . And they refer to traditions accepted in the family, according to which disciplinary measures against the offender may imply physical punishment.
They consider torn hair, bruises and hematomas to be the norm. However, the law, which has become quite friendly to spanking on the street or at home, is still strict in relation to parents who regularly beat their children.
For beating a minor that causes physical pain but does not result in health problems, parents may face a fine or even restriction of freedom and mandatory community service. The fact of family relations is not significant here.
Battery is a blow inflicted intentionally that causes physical pain.
To prove the fact of beatings, a forensic expert can record:
- bruises (usually on soft tissues);
- bruises and bruises;
- superficial abrasions, wounds, hematomas.
In addition, other signs of violent acts may be considered evidence.
These may be marks from compression of limbs and other parts of the body, pinches, bite marks, torn hair. Important: violent actions against children also include tying up, restricting freedom in a cramped enclosed space, prolonged kneeling, especially on peas (there are also those who use such a barbaric method of punishment among supporters of “traditional methods of education”).
Differences between physical abuse and torture
Education using physical force cannot be considered beating. Disciplinary measures that involve striking for certain offenses are considered acceptable by some. Moreover, among the supporters of such methods there are even teachers and law enforcement officers.
It is believed that a child should clearly understand why this kind of punishment awaits him, and not live in constant fear that he will be hit, or even beaten.
The effectiveness of this method of education is highly questionable. If the law protects the physical integrity of citizens, then on what basis can it be violated in relation to the youngest Russians?
The usefulness of this method, which only convinces the child that the one who is stronger is right, also raises doubts. Paradox: a slap, a slap on the head, or a blow from a boss for a job done incorrectly will be perceived by any subordinate as, at best, an insult. But the same subordinate will consider it normal to hit his son for unfinished homework or a bad grade.
Supporters of physical punishment, no matter what family values they refer to, are simply unable to use other methods of education, and are not smart and educated enough to establish a relationship with a child without causing him pain .
The consequences of even one blow can be very disastrous.
- The child withdraws into himself and does everything to prevent his parents from finding out about his misdeeds.
- There is growing distrust in the world, the family, and the state, which is unable to protect.
- The pain inflicted on a child in a family, in a home where he considered himself safe, makes him realize his own defenselessness against brute force and begin to either learn to respond to aggression with aggression, or to lie, dodge, hide information for which he can be punished, in any way. including illegal methods.
What is the punishment?
If minor harm is caused to the victim, the offender will be given a fine of up to 40,000 rubles and correctional labor. Possible arrest for up to 1 year. In the case of a serious crime, the perpetrator can be punished with imprisonment for up to 15 years. The degree of guilt for a group beating will be determined by the severity of the beating and the presence of aggravating circumstances.
Persons who commit a beating face receiving punishment in the form of imprisonment:
- a minor citizen;
- a representative of the authorities in the performance of official duty;
- with the use of weapons;
- by prior arrangement;
- for hooligan purposes.
When considering a crime, in addition to the degree of harm to health, various aggravating circumstances are taken into account. Among them may be:
- use of weapons or similar items;
- complicity in a crime of several persons;
- the presence of hostility for political, racial, religious and other reasons;
- assault on a government employee in the performance of his official duties;
- committing a crime for hire.
These factors significantly increase the degree of responsibility of criminals. Thus, if you participate in a group beating, the accused will no longer be given a fine or correctional labor.
Definition of battery
What it is? Battery is recognized as the intentional infliction of bodily harm in the form of abrasions, bruises and other injuries that do not pose serious harm to health and do not force the citizen to temporary disability.
Aggravating circumstances will be the actions of not just one attacker, but a group of people, and if the motives of the attackers were related to racial, religious or ideological hostility, then the punishment will become even more severe.
Group beatings are condemned more severely than such violence committed individually.
Liability of minors
Fights between groups of teenagers are very common. Criminal liability for beating a person under an article of the Criminal Code of the Russian Federation begins at the age of 16. For certain offenses, which include various types of beatings, you can receive punishment from the age of 14. If the crime is committed for the first time, the court may limit itself to compensation for moral and material damage to the injured party. Parents or guardians will be required to pay all costs, including medical and legal expenses. If they participate in a group beating again, juvenile offenders face more severe punishment.
Battery without aggravating circumstances
If the beatings were inflicted without reason or circumstances that could become aggravating, then in this case the perpetrators will have to pay a fine of 40 thousand rubles or the attacker will be sent to correctional labor for up to one year.
The court may also impose arrest for up to a year as a punishment. If serious harm to the victim’s health was caused, the maximum punishment will be imprisonment for up to 8 years.
If the illegal act was committed against a representative of a government body, then in this case the fine will be higher and can reach up to two hundred thousand rubles. Imprisonment for such a crime is also severe - up to ten years.
