No matter how rapidly our society develops, there are always individuals in it who prefer to solve most of their problems and conflicts “the old fashioned way” - with brute physical force.
Although the law has become stricter regarding causing any physical harm to a citizen of the Russian Federation, precedents of someone beating someone continue. In this article we will talk about what to do if a person has suffered physical damage.
Criminal and administrative liability for beating
To understand what to do if you are beaten, you need to decide what category the attack falls into - administrative violations or criminal offenses. The main criterion is the motive of the attackers. If the beating occurred out of hooligan motives or because of hatred towards a particular social or religious group, race, nationality, a sanction will follow under the Criminal Code of the Russian Federation. Also, a person who was detained for beating for the second time within a year faces punishment under the Criminal Code.
A crime is considered committed for hooligan reasons if a person is attacked without any reason, in other words, for fun.
Punishment under the Code of Administrative Offenses of the Russian Federation
If there are no signs of a criminal offense, the attackers face punishment under Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation - a fine of 5 to 30 thousand rubles, arrest for up to 15 days, or compulsory labor for up to 120 hours.
Sanctions under the Criminal Code of the Russian Federation
Before answering the question of what to do if you are beaten, let’s consider what the criminals face. It depends on the consequences of the attack. If the victim was hurt but not injured, the act will be classified as battery.
Attackers face one of the following measures:
- compulsory work up to 360 hours;
- correctional labor for up to a year;
- suspended sentence up to 2 years;
- forced labor or imprisonment for up to 2 years;
- arrest for up to six months.
If harm was caused to health, the severity of the punishment depends on what kind of injuries were inflicted. If they relate to minor harm, one of the following penalties will be chosen:
- fine up to 40 thousand rubles;
- compulsory work up to 480 hours;
- correctional labor for up to a year;
- arrest up to 4 months.
At the same time, actual imprisonment for up to 2 years is provided for hooliganism, extremism and use of weapons.
For moderate harm you can receive:
- suspended or real sentence up to 3 years;
- forced labor for the same period;
- arrest for up to six months.
Note!
In aggravated circumstances, offenders face up to 5 years in prison.
For causing grievous bodily harm, the penalty is up to 8 years. If the victim of the attackers was a child, a helpless person, if they acted in a way dangerous to others, used weapons, committed an attack out of hooligan motives or motives of hatred of race, religion, the upper limit of the sanction rises to 10 years in prison.
Attackers who attack a victim in a group or beat up several people can receive up to 12 years in prison. If the victim died from injuries, the punishment will be even harsher - up to 15 years in prison.
As we see, liability directly depends on the nature of the victim’s injuries. Therefore, the procedure to take if you are beaten on the street will be as follows:
- go to a medical facility to get relief from the beatings;
- contact law enforcement agencies to find the attackers.
Do you have any questions?
To get the most detailed advice on your issue, you just need to follow any of the suggested options:
- Request a consultation using the form
on our website - Or just call the number: 8 800 350-83-74
What the law says - the article on beating
In the legislation of the Russian Federation there are three articles in the Criminal Code, which talk about punishment for causing physical harm to another person. These are articles 114, 115 and 116 of the Criminal Code of the Russian Federation. Each of them is designed for a specific severity of damage.
That is, if this is causing minor harm to health, then this is Article 115.
If the physical damage is much more serious - medium or grave harm, then Article 114.
Article 116 of the Criminal Code of the Russian Federation appears when initiating a criminal case in the event that harm to a citizen’s health has been caused, but it does not qualify as light damage. That is, in simple terms, a person was beaten and hurt, but there were no consequences such as bruises, abrasions, fractures, and so on.
Each article implies its own punishment, which will be discussed in this article a little later.
What to do if you are beaten at home?
Not long ago, domestic battery was decriminalized. This means that for the first time, a husband who used force against his wife, or a father who hit his son, will not be punished under the Criminal Code of the Russian Federation. The rowdy faces sanctions under the Administrative Code of the Russian Federation. This is a fine from 5 to 40 thousand rubles.
Only in case of relapse will criminal liability arise. The following can be chosen as punishment:
- fine up to 40 thousand rubles;
- compulsory work up to 240 hours;
- correctional labor for up to six months;
- arrest up to 3 months.
Let's look at what to do if you are beaten at home. You can complain to the local police officer or file a complaint with the police.
Note!
Even if the case is not initiated under the Criminal Code of the Russian Federation, law enforcement officers will draw up a protocol on an administrative offense and submit the materials to the court.
What is considered a crime
Article 116 of the Criminal Code of the Russian Federation states that attacks committed for the purpose of moral humiliation of a person based on political or religious views, for hooligan reasons, for a similar administrative violation or already existing as part of a criminal case, are considered crimes.
For example, M. struck 5 blows in the face of a previously acquaintance L. The victim fell to the ground, M. approached, hit L. in the chest area and fled the scene of the crime. M.’s actions are qualified as beatings under Article 116 of the Criminal Code of the Russian Federation for intentional infliction of harm to health.
Expert opinion
Morozov Ivan Severinovich
Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.
Battery is often confused with other illegal actions that cause serious harm to health. For example, for the purpose of education, a father beats a child with a belt. This is a different type of crime, which is considered under Articles 111, 112, 115 of the Criminal Code of the Russian Federation.
Where to go if you are beaten?
Victims of hooligans often have the question of what to do after being beaten on the street. You must immediately contact law enforcement agencies. Where to file a complaint depends on the nature of the crime and the identity of the suspect.
If the beatings do not have signs of a criminal offense, contact the local police officer. If the attackers were motivated by hooliganism or used violence out of hatred for the race, nationality or religion of the victim, there are two options - the court and the police department.
It is difficult for a person unfamiliar with jurisprudence to determine the qualifications of a crime. To find out what to do if someone has been beaten, contact an experienced lawyer.
Someone is being insulted (or even beaten) before my eyes. How can you help? Instructions
This message (material) was created and (or) distributed by a foreign media outlet performing the functions of a foreign agent, and (or) a Russian legal entity performing the functions of a foreign agent.
What is this message and why is it everywhere on Meduza?
Do you hear cries for help from a neighboring apartment, notice that someone is being shouted at in a public place, see a person being beaten on the street, and don’t know how to behave? We tell you how to help a person who (possibly) has encountered violence, together with INGO. Crisis center for women" in St. Petersburg.
This article is part of our MeduzaCare donor support program. In January 2021 it is dedicated to domestic violence. All materials can be read on a special screen.
Someone is being shouted at
I see that a person I don’t know is being insulted or threatened. How do you know if it's worth intervening?
In a conflict situation, the forces of the parties are equal. For example, if people shout at each other, this is most likely a conflict. If only one of the participants in the conversation swears, and the other only looks at him in fear, perhaps this is violence, because someone has an advantage. Before you intervene, calculate your strengths, understand up to what point and how you are ready to help.
I appreciated my strengths and realized that I was ready to help. Where to begin?
The surest way to intervene is to go up and ask the person who (you think) is being offended: “Are you okay? Maybe you need help? Sometimes this question can calm the aggressor. He may think he can get away with it, or (more rarely) simply not realize that he has already crossed the line.
What to do if you really need help?
Ask what exactly is needed. And once again, consider your strengths: if it turns out that a person lives with an aggressor (that is, we are talking about domestic violence) and has nowhere to sleep, you will need to solve this situation together. Let them into your home, find a hostel, help with crisis center contacts. A map with the addresses of Russian centers for social and psychological assistance for women can be found on the Violence.net website.
If a woman tells you about systematic domestic violence and says that she wants to go to the police, tell her about the P.O.L.I.N.A platform - this is a statement builder developed by INGO. Crisis Center”, which helps speed up the process of considering a complaint. If a man needs help (for example, we are talking about violence in an LGBT couple), you can contact the St. Petersburg crisis center.
There is no crisis center in your city. Where can I call?
- +7-800-700-06-00 - all-Russian helpline for women victims of domestic violence ()
- +7-812-327-30-00 — helpline of the “Crisis Center for Women (INGO)” (there is an online reception on the website)
- +7-499-901-02-01 - helpline (there is an online reception on the website)
Someone is being beaten
What if I saw a person being beaten?
If you see an obvious scene of violence, then, as a citizen of Russia, you have the right to call the police. In such cases, it is recommended not to separate people: it is very difficult to independently assess the strength of the attacker. If you notice damage or blood, you can immediately call an ambulance.
What should I do before the police arrive?
Remember again how important it is to calculate your strength. You don’t have to wait for the police to arrive—you have every right to stop interfering at some point. Ask yourself: am I ready to help further? Do not forget about your own safety and remain calm. If you decide to stay, the police may interview you as a witness.
I hear the neighbors screaming
What should I do if I think one of my neighbors is a victim of domestic violence?
If you are sitting in your apartment and hear cries for help, you definitely need to call the police. As a private person, you cannot go into someone else's apartment and begin investigative actions. If the screams have subsided and it seems to you that the person’s life is no longer in danger, you can contact the local police officer and ask him to make a round.
What will be required of me if I call the police and say that someone is being beaten in my house?
The police will come to your apartment, ask you to provide your passport and describe in detail what you saw and heard. Only after you confirm that you made the call will they go to your neighbors. Keep in mind that after the inspection the police may return and your participation will be needed further. There is no specific protocol for this case.
Is there anything else that can be done?
You can independently print out and place leaflets in mailboxes at the entrance with the addresses and telephone numbers of crisis centers and hotlines, links to online platforms and guides. Those for whom this information has no meaning will simply throw away the pieces of paper, and those who suffer from domestic violence will know where to turn for help.
What if I know a specific woman who needs help? Can I talk to her about this?
Yes, but don't be too pushy. If you think that you have a ready-made solution to a problem, do not insist on it as the only correct one, but carefully offer several options. Don't expect the woman to immediately agree to the help you offer. If you know your neighbors well, you can try to find out about the situation through them and cooperate to help.
How to recognize and deal with violence
- You may be a victim of sexual violence in a relationship. How do you know if this is happening to you?
- Thousands of people become victims of domestic violence. Do Russian laws allow you to fight back against an offender?
- They are told that they are a disgrace to the republic. How crisis centers for women are organized in the North Caucasus
Meduza works for you We need your support
Yes!
Sasha Koksharova
Filing an application to the court
If you know the attacker, contact the magistrate's court in the area where the crime occurred. Along with the claim, submit a medical examination report and a copy of your passport. In your application please indicate:
- magistrate court precinct number;
- information about the victim and the accused;
- description of the crime (what happened, when and where, who the attacker was, what actions he took against the victim, etc.);
- a request to bring the perpetrator to justice;
- a list of witnesses who are willing to testify;
- list of attached documents.
What is beating
Battery is a criminal act that involves causing bodily harm that causes harm to human health. For example, frequently repeated blows with hands, feet, blunt objects, biting, pinching, scratching, thermal effects on the skin.
Batterings are classified according to severity:
- Easy. Short-term health disorder (bruises, scratches, cuts, hematomas) and loss of ability to work to a minor extent.
- Average. A health disorder after which the recovery period of the body is more than 21 days, loss of general ability to work.
- Heavy. A health disorder that results in complete loss of ability to work for 4 weeks.
To confirm the injuries sustained, the victim must visit a hospital or forensic department. Passing a medical examination is mandatory, even if there are no obvious signs of beating on the victim’s body. The specialist will record headaches, nausea, fatigue and other symptoms.
Therefore, during a medical examination of the victim, the specialist pays attention to the following signs of damage:
- danger to life;
- duration of disability;
- termination of pregnancy at any stage;
- the appearance of mental disorders;
- facial disfigurement;
- loss of hearing, speech.
Only after a thorough examination does the specialist issue a report to the victim on the severity of the blows inflicted.
Filing a police report
If you were beaten by an unknown person, for example, a passer-by on the street or a stranger in the entrance, you need to contact the police. Submit your application to the nearest police station. The document will be accepted at the duty station. Police officers are conducting an investigation and opening a criminal case. After this, the investigation begins: identifying the attacker, conducting investigative actions and trial.
Please indicate in your application:
- name of the department and full name of the head;
- Full name of the applicant;
- circumstances of the attack - time, place, number of attackers, their data;
- a request to initiate a criminal case;
- signature and date.
What legal norms can be violated in a situation where you are beaten?
Inflicting beatings on a person, which did or did not result in harm to his health of any severity, but caused physical suffering, is a violation of criminal law. For a more precise understanding of what to do if you are beaten on the street, it is important to know the difference between private and public criminal cases.
In cases provided for by procedural legislation (the law specifies specific articles of the Criminal Code), due to the low social danger of the offense, a case can be initiated only upon the application of the victim. This procedure is called private prosecution and is observed in a number of cases when the offense involves the use of physical force.
The law includes the following crimes:
- Beatings (not for hooligan reasons or racial or other similar prejudices), which had no consequences for the health of the victim, but caused him physical suffering;
- The same actions with the same motives, but as a result of which the victim’s health is slightly harmed.
In other cases, including:
- Causing harm to the health of a victim of moderate or severe severity intentionally;
- Death threat;
- Hooliganism and other similar offenses,
the state assumes full responsibility for initiating criminal prosecution and punishing the offender.
It should be noted that the private procedure also implies the possibility of complete termination of the case in the event of reconciliation of the parties. In cases of public and third-level prosecution - private-public - this possibility is not provided.
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.
Beating a child
If the injured party is a minor, then for the criminal this fact acts as a burdensome circumstance.
The Criminal Code of the Russian Federation does not contain a special article for beating a child. The article “Torture” defines a prison sentence of 3 to 7 years for beating a minor. Moreover, both physical beating and psychological pressure are taken into account.
If the culprit is a parent or a person who, in accordance with his professional activity, must provide medical and social services to the child, care for him and raise him, then this factor burdens the general punishment.
Thus, liability under articles is determined taking into account many circumstances - for example:
- age of the victim;
- position, social status;
- characteristics of the criminal (if he has a criminal record and is brought to administrative responsibility, the consequences for him will be more serious);
- nature of the crime (beating in a public place, hostility, use of weapons);
- existence of a criminal conspiracy.
Experts recommend maintaining composure in any situation, keeping emotions under control, and not giving in to provocations. Even if a person was just trying to protect himself from unfriendly people, if self-defense is exceeded, he risks facing criminal punishment and ruining his reputation, his life and the lives of loved ones.
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.
Deadline for filing a complaint about assault
The law does not establish any special deadline for filing a statement of beatings, but it is advisable to pay attention to the following points:
If a person has not decided whether to prosecute the offender or not, in any case it is necessary to record the fact of beating in a medical institution.
The sooner the victim files a statement, the greater the chances of bringing the culprit to justice, since the circumstances of the crime committed will be fresh in the memory and more accurately stated in the statement, some harm to health will persist for a certain time. That is, a criminal case will be initiated “hot on the heels.”
Criminal legislation establishes statutes of limitations for bringing persons to justice, depending on the severity of the crime committed. The minimum period during which a person can be brought to criminal liability is 2 years after the commission of a minor crime. The later the victim submits a statement, the greater the risk that by the time the verdict is pronounced, the statute of limitations will expire and the criminal case will be dismissed.
The desire to hurt someone
Sometimes people experience impulsive desires, an internal need to cause some kind of bodily harm, pain or harm to someone.
If such symptoms appear, you should be wary and not delay getting adequate help for the person.
Call us We can help you! We help even when previous treatment did not help!
Associated complaints of desire to beat
- Hostility or aggression towards others.
- Easy to feel frustrated or irritable.
- Outbursts of anger.
- Screaming, throwing things.
- Impulses to cause bodily harm, pain.
- Impulses to break or destroy.
The motivation and mechanisms of such actions are quite different.
As for motivation, this can be increased irritation, stress, subject to a decrease or lack of situational control against the background of increased affect. As a rule, impulses to cause bodily harm or harm to someone are produced in people with a certain type of personality, certain character traits, so-called emotionally excitable individuals, and perhaps individuals with sadistic tendencies.
As a rule, they are not satisfied with the quality of their life, especially its social aspect, they fail in their plans, such people rarely finish the things they start and quite often fail, thereby causing a process of personal decompensation.
Such people are accustomed to compensating for their failures in work matters and in personal contacts with the help of other people, especially those close to them due to their powerlessness and worthlessness; in the process of decompensation, they feel impulses to cause bodily harm, pain or harm to someone, especially for loved ones of people.
