As often happens, two people got into a fight: they jostled each other, hit each other a couple of times - and went their separate ways, or perhaps nothing happened, they just talked in a raised voice, and after some time one of the participants may find out that his opponent is in dispute, I went and wrote a statement against him to the police about beatings.
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How can you prove that you did not assault?
Quite often it happens that whoever wrote the statement first is right. What should a citizen do who has not committed anything illegal, but is accused of assault? In this situation, an innocent person should make every effort to prove his innocence in the beating, and one should not hope that first they must prove his guilt, and then he will have to prove that he is not involved.
The evidence will depend on the circumstances of the case, i.e. when, where, under what conditions the fight occurred.
One of the evidence will be witness testimony.
Also, recordings from CCTV cameras can be used as evidence if the communication between the victim and the “suspect” was recorded by cameras, which show that there was no assault between the persons.
It is possible that the accused person was not in a particular place at a particular time, i.e. the accusation brought against him is false, in this case the suspect must provide evidence of his presence at a certain time in another place, this may also be the testimony of witnesses.
In addition, billing will help to determine the location of the “suspect” at the time of the crime. Such information may be provided by mobile operators at the request of law enforcement agencies.
Other evidence depending on the situation, for example, a video recording on a phone, a car registrator recording, etc.
INTERESTING : what happens if you beat a person, read the link
What to do if law enforcement officers use force or torture?
Remember employees who use force
Pay attention to surnames, first names, titles, clothing features, uniforms (epaulets, chevrons, badges), gender, age, height, physique, special features (beard, mustache, moles, tattoos, scars), nationality, speech patterns (accent, stuttering, sayings). All this information will make it easier to find and identify employees in the future.
Try to remember the place where the torture took place
Remember what the room looks like: in which building, on which floor and in which wing it is located. If during the beating something in the office was damaged, pieces of furniture were broken or glass was broken, or traces of blood remained - it is important to remember these circumstances. For example, even small drops of blood that fall on the walls or floor can be used for DNA analysis, which will confirm that it belongs to the victim. Also see if the department has internal security cameras and where they are located, try to get into their view.
Remember the witnesses
Try to remember whether there were witnesses to your arrest and detention at the police department. These could be acquaintances, random passers-by or other visitors. It is these people who will then be able to confirm that before you got to the police department, you did not have any bodily injuries or health complaints.
Request a medical examination
How to prove beatings if there are no witnesses?
If you were beaten and traces of them remain, then you must immediately seek medical help so that the fact of the presence of traces of beatings is recorded.
After a crime has been committed against the victim, he should tell about what happened to as many people as possible who will be indirect witnesses to what happened. Also, when they meet, witnesses can see the consequences of the incident between the victim and the accused.
You should contact the police as soon as possible and testify in great detail about the beatings inflicted.
If the incident was recorded by CCTV cameras, you must request video footage from the cameras. The individual will most likely not be given the recording, so you should ask the investigator to make a request accordingly.
What to do during arrest?
Do not resist during arrest
If you are detained, there is no need to use violence against law enforcement officers. Firstly, it will be regarded as resistance and will become a reason for retaliatory violence. Secondly, the police will be able to explain your injuries by saying that you resisted during arrest, tried to escape or attack the officers. Thirdly, you may be charged with Article 318 of the Criminal Code of the Russian Federation (use of violence against a government official).
Contact your loved ones
Try to contact relatives or friends as quickly as possible. Report that you have been detained, also tell where you are being taken, and ask to find a lawyer who could quickly provide legal assistance. If the detention is formalized (with the drawing up of a protocol), indicate in it that you want to call a relative and use the help of a lawyer. The protocol must be drawn up within three hours after you are taken to the inquiry agency or to the investigator.
What should the police do if they are accused of battery?
If a person is called to the police and charged with battery, then the accused has 2 options:
- admit guilt and repent if he committed beatings;
- do not admit guilt if he did not inflict the beatings.
In any of these options, the suspect has the right to a lawyer, i.e. the suspect (accused) may not give any testimony until he is provided with a lawyer.
The suspected (accused) person can take advantage of Art. 51 of the Constitution of the Russian Federation and not to testify against oneself, i.e. refuse to testify.
On the other hand, if the citizen is not guilty, then everything should be told in detail as it happened, namely, how the communication took place or there was no communication, since the person never met the victim. The investigator must be informed who can confirm the testimony of the suspect (accused).
INTERESTING:
Serious harm to health
Serious harm to health is loss of speech, hearing, vision, loss of organs, complete loss of ability to work and other cases that lead to severe physical injury.
Causing serious harm intentionally is punishable by imprisonment from 2 to 8 years.
Imprisonment for a term of 3 to 5 years is punishable for crimes committed in the following cases:
- if the crime was committed for hire
- for hooligan reasons
- in a socially dangerous way
- based on hatred of a particular religious organization, social group or its members.
Crimes committed in a state of passion entail punishment. If the person who committed the crime is in such a state, then he cannot control his emotions, the force of the blow and realize the seriousness of his actions.
If the crime was committed in a state of passion, it entails a penalty of imprisonment for up to 2 years.
Causing severe physical harm as a result of failure to fulfill one’s official duties entails punishment in the form of:
- restriction of freedom for up to 1 year
- deprivation of rights to hold this position
- engage in this activity for 3 years.
How to defend against a false accusation of battery in court?
The only way to defend against a false charge of battery in court is to provide evidence that the accused person did not commit the crime. Sample evidence is provided above.
In addition, during the court hearing the victim should be asked questions about the circumstances of the case. A situation may arise that if there is a false accusation, the victim will become confused in his testimony, which will lead to contradictions in his testimony. Also, witnesses for the prosecution may give evidence that is not comparable at all.
The main thing in a court hearing is to correctly ask questions that will help “bring to the surface” people who are prone to lying.
If some evidence cannot be obtained by the accused (defendant), then it is necessary to submit a reasoned petition to the court so that certain evidence is requested by the court, for example, camera footage.
What to do if you are released after torture?
Record bodily injuries
If you are released after arrest, immediately undergo a medical examination. This can be done around the clock without additional documents (directions, decisions). It is enough to draw up an agreement and pay for the examination. After a couple of days, it is useful to undergo a re-examination - then the injuries will be recorded “in dynamics”.
Without medical documentation of injuries, it is almost impossible to obtain a good review of a torture claim.
Liability for false accusation of beating
For a knowingly false denunciation of beating, the criminal code provides for liability under Art. 306, the sanction of which under Part 1 provides, inter alia, imprisonment for up to 2 years.
For giving knowingly false testimony, liability is provided under Art. 307 of the Criminal Code of the Russian Federation. The person will not only be prosecuted, but will also receive the punishment provided for in the specific part of this article. The specified article is valid, i.e. the person is not formally warned about criminal liability, but in reality, if something happens, he will be brought to the specified type of liability.
When accusing a person unreasonably, you should not expect that after denunciation, you can refuse to testify. For such a refusal, criminal liability is also provided for under Art. 308 of the Criminal Code of the Russian Federation
In criminal proceedings, it is difficult to do without the help of a qualified lawyer, especially when accused of committing a crime that you did not commit. Our lawyers are always ready to help both persons suspected of committing a crime and victims, since any of these participants may need legal assistance.
Definition of crime
First of all, it is necessary to determine what is called beatings and how they are characterized. Battery is recognized as repeated blows with the aim of causing physical pain to the victim and harm to his health, and sometimes life.
Battery also includes actions committed against one person with a frequency not exceeding twice a year. If torture occurs on a systematic basis, then this is a completely different article of the Criminal Code of the Russian Federation. In Russian legislation, beatings are regulated by Article 116 of the Criminal Code of the Russian Federation.
However, with a high degree of damage and aggravating circumstances, the punishment may be harsher and considered under another article. There are several types of beatings, and they vary in severity.
When minor bodily injury is caused to a citizen who has used physical force, Article 115 of the Criminal Code of the Russian Federation may be charged, according to which the law provides for a fine in an amount not exceeding forty thousand rubles or correctional labor for up to one year, and sometimes arrest for up to four months.
If the injured citizen was seriously injured, then the actions of the offenders fall under Article 111 of the Criminal Code of the Russian Federation, which provides for a longer term of imprisonment compared to other articles. This period in some cases can reach eight years.
How to film and record beatings
Acts of cruelty are not uncommon in our world, and in order to protect yourself, not in trouble, but in court, you need to know where you can remove the beatings. In order not to waste time figuring out how and where you can remove the beatings when the trouble has already happened, we advise you to read this article.
What is beating
Battery is striking or committing other acts of a violent nature under the following circumstances:
— blows (or other actions) cause pain; - they are not isolated.
Important! In order for the offender’s actions to be classified as battery, physical pain must be caused by his actions, and not their consequences.
Definition of battery
To assign punishment, the degree of severity is determined. Battery is the application of two or more blows or violent actions causing physical pain. For example, if a husband beat his wife no more than twice in a year, then his crime is classified as battery. If more often, then this is already regarded as torture. The punishment in this case is more severe. However, any beating must first be witnessed.
Types of articles for causing harm to health
There are several types of similar articles in the Criminal Code of the Russian Federation. They are classified according to the severity of the harm caused. Based on which particular article the beatings inflicted fall under, the appropriate punishment is assigned. To make a decision, the court must have a clear understanding of the degree of injury and harm caused to health. Therefore, it is first necessary to conduct a forensic examination, where the beatings can be recorded, and then go to court. Articles are divided into several types:
- lungs;
- moderate or severe;
- beatings;
- torture;
— causing harm to health through negligence;
- deliberate beating.
How to prove beatings
According to the Criminal Code of the Russian Federation, beatings differ from intentional harm caused to the health of the victim by the absence of loss of health and loss of general ability to work. Based on this formulation, it is sometimes quite difficult to prove the fact of beatings.
Of course, in the first time after the incident, it is difficult for the victim of a beating to figure out what exactly is causing the pain, how severe the consequences will be caused by the beating, and even more so - where to go and where to relieve the beating. But sooner or later, the person who has been subjected to violence thinks about how to punish the offender. The main thing is that the time during which this can be done is not lost.
The problem associated with recording beatings is caused by the fact that beatings are classified as crimes of private prosecution. That is, the question of whether or not to report to the police, when to do it and how to prove it, remains the task of the victim of the crime until the moment of filing the statement. That is why one of the first questions that arises is where the beatings can be filmed - after all, their consequences are the most important evidence of the commission of a crime.
The ideal option is when the victim of beating seeks help immediately: either to the emergency room or by calling an ambulance. In this case, you don’t have to contact the police yourself (the doctors will do it themselves), the main thing is to take care of your health.
Thus, the primary evidence of the commission of a crime will be the very fact of seeking medical help and the opinion of the doctors, which they will set out in the documents. Nevertheless, it is not always possible to seek help in a timely manner - and then a reasonable question arises: when is it not too late to do this?
How to record beatings, where and when to do it
It is especially important to record beatings in cases where the victim does not have other physical evidence at the time of filing the statement or there are no witnesses to the crime. In this case, deciding how to properly record the beatings becomes paramount.
It is best to record and report beatings immediately after they are inflicted - then it will be easier for the police to understand the crime committed, and the criminal will not have time to hide or destroy evidence of his guilt. It is advisable to obtain testimony immediately after the beating. If necessary, seek help from neighbors, friends, and of course, file a report with the police or local police officer. If by this time the victim of the crime has not yet undergone a medical examination, then the district police officer can tell you where the beating can be removed, and even give directions.
But sometimes it happens that at first no traces are visible, and there seems to be nothing to report, but the next day hematomas appear or abrasions become visible. Is it possible to record beatings in this case? It is possible: for an examination, the victim needs to go to the same institutions where the beatings can be removed from fresh traces.
The choice of a place where you can film a beating depends on how much the person against whom the crime was committed suffered. In severe cases, an ambulance is called to the victim; Even hospitalization is possible - then the fact of the beatings and their removal will be carried out by the doctors themselves. Although in this case, beatings will most likely be reclassified as a more serious crime. If the person who has been beaten is able to move independently, you can contact a clinic or emergency room, as well as a private expert company that has the right to conduct this kind of examination.
The third option is to call a local police officer to the crime scene, file a statement directly with the police or the prosecutor’s office, whose employees will accept the statement and tell you where to film the beating, or give a referral for a forensic examination. The result of the examination will be a forensic medical certificate.
If none of these options is possible, it is permissible to photograph the physical damage on your own (or with the help of another person) or make a video - such evidence will also be accepted in court. You just need to remember to set the correct date and time and enable their display in photos or when watching videos.
Where to contact
After a person has been subjected to violent physical harm, he needs to contact the police and write a statement about the beating. It details all the circumstances and people (if there were witnesses) under which everything happened. All blows inflicted must be listed, it is indicated how exactly the pain was caused, by what methods and means. All the smallest details matter, even the insulting words and pushes of the offender. In general, everything that relates to the beating and the accompanying circumstances.
Some are interested in how to relieve beatings if they cannot get to the hospital on their own. In this case, an ambulance is called. Doctors can issue a certificate right on the spot or take you to a hospital where they will conduct a forensic medical examination.
How to record a beating yourself? To do this you need to undergo a forensic medical examination. A police referral is issued to her after the victim writes a statement. The expert examines the body and records all scratches, abrasions and wounds. Establishes the severity of harm caused to health.
How to record a beating yourself without a referral from the police
Here the procedure is somewhat different from the official one. Initially, you must immediately go to the nearest emergency room or hospital where the beatings can be recorded. First aid is also provided to the victim there. After this, you need to take a certificate, which will be written by the doctor. It must indicate all bruises, scratches, wounds and injuries received during the beating. The certificate also indicates the time of application.
Having a certificate in hand, you can immediately contact the police with a statement against the offender. It states everything that was previously stated above. All the actions of the criminal and the smallest events. After this, you need to undergo a forensic medical examination, where the beatings are recorded. But in this case, the examination is practically not carried out, since the conclusion is made on the basis of the provided certificate, previously taken from the emergency room.
How is the fact of beating recorded?
How to film a beating to provide visual evidence (photos) of the harm caused? It's quite simple. When conducting a forensic medical examination, not only all injuries to the skin, organs and fractures are described, but photographs are also taken that clearly indicate the presence, complexity and degree of harm caused.
The beatings may not cause any particular damage or, on the contrary, may be severe, especially when struck multiple times. Violence and severe beating are classified separately. Only experts will be able to determine how long a person was hit or injured, which affects the conclusion.
How else can you prove beatings?
The court verdict in cases of this kind depends on many factors, so the victim of beating must present to the court all possible evidence of the harm caused. Evidence can be: clothing, objects used to inflict beatings, and witness statements that eyewitnesses to the incident can provide.
We should not forget that the court’s decision may also be influenced by the intentions of the person who caused the beating and the identity of the victim, so it would be appropriate to use audio recordings and, for example, written threats against the victim as evidence, in which one can discern the motive for the attack.
Deadlines for removal of beatings
In case of beatings, you should contact a medical institution to remove and fix them as soon as possible:
- Firstly, in this case you can get timely medical care. “Secondly, the sooner the beatings are removed, the more likely it is that the crime will be correctly classified and punished for the harm caused.
As such, the law does not provide for a time limit for the removal of beatings - you can contact a traumatologist as long as there are traces of beatings or other violent acts on your body. However, keep in mind that the later you apply to have the beatings removed, the more difficult it will be to establish the date of their infliction and the cause-and-effect relationship between the actions of the offender and the appearance of marks of blows on the body.
○ Is a certificate of beating necessary?
The short answer is YES!
A certificate of beating is a document that a victim of beating receives when visiting a doctor.
The document is a certificate of temporary disability , indicating its causes, the nature of the harm caused, the diagnosis, bruises and injuries inflicted on the victim, and the exact date of the harm to health.
Such a certificate can be issued either by a specialist - a surgeon or traumatologist - from any medical institution, or by a forensic expert. The certificate can also be issued by the doctor to whom you contacted to have the beating removed for a fee.
It should be noted that such a certificate will not replace the conclusion of a forensic medical examination in court ; it is issued precisely for the purpose of further expert verdict on the severity and consequences of the harm caused.
If we interpret the rules of law formally, then the certificate of battery does not have a validity period - it will be limited to the period of bringing the guilty person to criminal responsibility for battery.
For example, for crimes of minor severity, this period is 2 years from the date of commission.
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Providing medical care and recording beatings
In order to hold a criminal accountable for assault, there must be a sufficient number of grounds. The main document on the basis of which a rapist can be held accountable is a medical report. It describes a list of injuries inflicted, their full description and additional information.
Many citizens have a question: “in which hospital can beatings be recorded?” Before going to the hospital, it is advisable to document the beating in a photo. Evidence can include not only bruises and abrasions, but also torn clothing. In some cases, the victim cannot independently get to the nearest clinic. In this case, you need to call an ambulance, whose staff will provide first aid. It is also worth saying that when calling an ambulance, the fact of going to the hospital will be recorded, which can also be used as evidence during the trial.
Doctors at the nearest medical institution are required to record the condition of the applicant and provide a list of all injuries received. It would be a good idea to monitor the doctor’s actions so that he does not overlook certain injuries.
The Complexities of Personal Injury Cases
It is worth noting that cases of this kind are very difficult, accompanied by swearing, pouring out tons of unnecessary information (accusations, “slop”, insults) during court proceedings, which complicates the already difficult work of proving the crime.
It is important to defend yourself correctly so that there are no records in the information centers of the Ministry of Internal Affairs of the Russian Federation that someone once brought you to justice or that the case was dropped due to reconciliation.
There is always the one who attacked or started the fight first, and the one who was forced to defend himself. Therefore, in cases of this category, the rule of necessary defense also applies.
Deliberate damage or destruction of property, beatings, causing minor harm to health during the necessary defense in all cases are recognized as lawfully inflicted, since the corresponding crimes (Article 167, Article 116.1, Article 115 of the Criminal Code of the Russian Federation) are classified as minor crimes.
In the case of an offense that falls under the elements of a crime of minor gravity, the harm listed above is not clearly excessive.
The above ratio is determined in cases where the encroachment is not associated with violence dangerous to the life of the defender or another person, or with an immediate threat of such violence, as provided for in Part 2 of Art. 37 of the Criminal Code of the Russian Federation.
In cases where a socially dangerous attack was associated with violence dangerous to the life of the defender or another person, or with an immediate threat of such violence (Part 1 of Article 37 of the Criminal Code of the Russian Federation), the limits of the legality of causing harm are not established by law.
In other words, the defender can cause the attacker any harm that he considers sufficient to protect his personality or protect other persons, the interests of society or the state. Therefore, when any conflict situation arises, it will always be useful to turn on audio or video recording of the events taking place, and ask strangers around you to do this. It is clear that this is not always possible or appropriate, since attacks by inadequate people happen unexpectedly, sometimes spontaneously.
What needs to be done at the initial stage
The first few hours are the most difficult for people who have been beaten, but it is worth saying that most of these crimes are solved “hot on their heels.” In this regard, immediately after you have been beaten, you need to take care of preparing materials that may be needed to prove that a crime has been committed.
The procedure for dealing with this situation can be divided into several stages:
- Provide first aid and record the beatings inflicted;
- Do not touch the scene of the crime and objects that can be used as evidence;
- Contact law enforcement agencies and report the assault;
- Ask all witnesses to the crime to testify or wait for the police to arrive. If the witness cannot stay, then you need to ask him to leave his passport information and transfer it to law enforcement agencies.
Now that we have looked at the basic procedure, we should delve into each of the stages and consider the features of situations when it is necessary to prove beatings.
