Remove beatings: where and how it needs to be done correctly, how long, including after a fight, can be recorded, and a certificate from the emergency room, the timing of the procedure Justice

What does medical examination mean and how is it regulated?

In accordance with Article 179 of the Code of Criminal Procedure of the Russian Federation, a medical examination is an independent procedure during which the presence of bodily injuries resulting from beatings (bruises, scratches, open wounds, internal bleeding or fractures) is established on the victim’s body.

The procedure can be carried out in two ways:

independently visit any medical institution;
write a statement to law enforcement agencies and receive a referral from them.

The results obtained by any of the methods are important evidence in bringing the culprit to justice.

In what cases is it necessary to remove bodily injuries to punish the offender?

The survey is carried out to record the fact of damage received as a result of:

attacks by a stranger;
family conflict;
fights.

The initial desire not to punish the offender does not matter; it is necessary to testify, first of all, for the purpose of one’s own legal protection. The importance of timely contacting a medical institution is due to the following cases from practice:

Battery inflicted by one of the spouses . If there are two or more calls to the police, the crime is classified as torture and carries a more severe punishment.
Fight .
The victim fights back the instigator of the fight, which results in signs of beating - bruises, hematomas, etc. The offender undergoes an examination, but the victim decides not to make the case public and does not contact a medical organization. Ultimately, the offender becomes the victim, and the person who used self-defense is held accountable, since he has no evidence of the injuries received.
Consequences of beatings . They can manifest themselves after a certain period of time and provoke the development of acute or chronic diseases. Having a certificate of timely examination will allow you to go to court to demand compensation from the culprit for the cost of treatment and compensation for moral damage.

It should be remembered that the statute of limitations for battery is 2 years.

Important! Article 116 of the Criminal Code of the Russian Federation Battery is used when harm is caused that causes physical pain, but does not entail loss of health or ability to work. If an injury that has any consequences is discovered during the examination, the crime will be reclassified and the punishment will be more severe.

Validity period: how long can the procedure be completed?

The legislation of the Russian Federation does not regulate the time frame after how many days the beating can be removed, but it is worth remembering that the document that reflects the damage inflicted plays a major role in bringing the perpetrator to justice.

Recording the beatings in the first two days will make it possible to objectively classify the crime in the future and assess the degree of severity. You should know that after 12-24 hours, light hematomas begin to resolve, regeneration of damaged tissue begins, and minor abrasions become less noticeable. Based on this, you should contact a medical organization immediately after receiving a beating, or at least on the first day .

If the fact of beating was not recorded in a timely manner, the victim is advised to draw the attention of the investigative authorities or the court to the testimony of witnesses. However, such data is not an important argument and may not be accepted for consideration.

Who does the examination after a fight and in other cases?

According to Art. 170 of the Code of Criminal Procedure of the Russian Federation, the examination is carried out by an investigator, additionally involving the necessary doctors of various specializations - traumatologists, surgeons and other medical specialists.

If the victim is a person of a different gender, the investigator is not present during the examination. The examination is carried out only by a doctor in a separate room. The procedure for conducting an examination in court is regulated by Art. 290 of the Code of Criminal Procedure of the Russian Federation, while the requirements for the process are similar.

Procedure: how to do fixation correctly?

The examination is carried out in several stages:

Before starting the procedure, the written consent of the victim is taken. If video or photography is used during the examination, a separate document is drawn up, which the victim signs if he agrees.
A doctor invited for an examination conducts an examination and compulsorily records:
the presence of hematomas, cut or stabbing wounds;
damage to joints, ligaments, muscles;
presence of fractures;
presence of bleeding or blood loss.
Additionally, the fact of the possibility or impossibility of causing damage independently, as well as the statute of limitations for the injuries received, is established.
If necessary, specialists of any other profile are invited for examination or additional examinations are carried out.
The victim is given first aid and referred for further treatment.

Upon completion of the examination, a certificate is issued with a detailed description of the injuries received, which is sent to law enforcement agencies with a report of the presence of criminal signs. Such a document is fundamental for further forensic medical examination and assessment of the severity of injuries received.

How long does it take to file a report of assault?

Battery in itself is a crime, but it can be classified under a more serious article of the Criminal Code. The classification of a crime can increase responsibility for it. Qualifying signs of serious physical harm may be if the offender caused serious harm to a person while he was performing his official duties. Also, if the beating was inflicted on a person who was in a helpless state or a minor.

Another important sign is that the beatings were carried out with particular cruelty and the victim was mocked. If the minor injury was caused by someone else, an employee of the person who assaulted the victim, or if the assault was inflicted as part of a disorderly conduct offense. The fact of beating is recognized if the crime was provoked by rejection of the race, religion or social status of the victim, the offender tried to use the victim’s organ or tissue for transplantation, or if the offender used not only physical force, but also weapons.

The severity and other nuances are prescribed in Article 111 of the Criminal Code. But in addition to the main qualifying features, there are also special points. For example, if a minor crime was committed not by one, but by a group of people, if serious physical harm was caused to several people in one crime. The punishment depends on the relevant part of the article. The higher it is, the more serious the punishment for the culprit.

Article 111 of the Criminal Code says that inflicting serious beatings that negatively affect a person’s health will not allow the culprit to easily escape punishment. The punishment depends on the qualifying criteria.

Imprisonment for up to 8 years. Such punishment threatens people involved in a crime for whom there are no special or basic qualifying features.
Imprisonment for up to 10 years (2 years of restriction of freedom). The punishment in question faces people whose crime contains the main qualifying features.
Imprisonment for up to 12 years (2 years of restriction of freedom). This penalty is imposed on persons whose crime includes special qualifying criteria.
The most severe punishment in the Criminal Code is provided for persons who beat a person, and he died from the resulting grievous harm to health. In this case, the culprit will be imprisoned for 15 years (2 years of restriction of freedom).

As for the minimum limits of punishment, it depends on the degree of guilt and whether there are mitigating factors. For example, if the injury was caused by an official who did it unintentionally, but while performing his official duties.

The fact of beatings and their severity is recorded by a special certificate. First, you need to draw up a protocol on an administrative offense, which is carried out in accordance with Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation. The protocol in question can be drawn up by police officers who conduct an inspection after receiving a report of a violation.

You should contact the police regardless of whether the crime is administrative or criminal in nature. And not to any department, but only to the one located in the territory where the offense occurred. You need to contact the duty department. In the message, indicate what reasons contributed to the injury.

The police will issue a referral for an examination so that a certificate of beatings can be issued. An examination can be carried out at the Forensic Medical Examiner's Office. Local experts will conduct an inspection to record the beatings, and based on the data received, they will draw a conclusion, independently transmitting it to the police.

The severity of injuries received through beatings must be recorded. To obtain a certificate of beatings, you can contact any medical center. a facility where there are doctors who can assess the damage. For example, you can go to the local hospital, local emergency room, clinic, or simply call an ambulance.

Once at the emergency room, you need to list your complaints, indicating that you feel pain, tell where the damage is felt, etc. It is important to ensure that all injuries are correctly listed in the medical records. If this is not done, problems may arise, since all the information specified in the primary document will be used in the future and taken into account at the time of the examination.

When going to the emergency room on your own for treatment of a battery, be aware that the law requires hospitals to report to the police any cases in which their patients come to the doctor with clearly criminal injuries. Information about a person’s injuries will go to the police, even if there is no significant evidence that the injuries are of a criminal nature. Once the injury reported by the emergency room is registered with the police, it will be subject to a formal investigation. That is, they will visit the victim, interview witnesses, and, if necessary, a forensic medical examination will be ordered. After all the preparatory stages, all that remains is to take measures in accordance with the law.

Where and how to record?

Self-examination of the fact of beating can be done at any nearby medical institution.

The procedure is similar to the examination carried out at the direction of the investigative authorities. You must have a passport of a citizen of the Russian Federation with you. Where you can go for relief from beatings and where it is better to go is discussed below.

Emergency room

The examination is carried out by a traumatologist. Upon completion, he issues a certificate, which he hands over or sends to the police department at the patient’s place of registration. The examination service is free . If the necessary equipment for additional examination is not available, the victim is sent to the emergency hospital.

Hospital

The examination is carried out by a traumatologist or surgeon, if necessary, attracts additional specialists and prescribes the necessary examinations. A certificate of damage is not issued in person, but is immediately sent to the police department with a report of the presence of criminal signs. Examination of beatings is included in the list of free services.

State clinic

Any public clinic has the right to conduct a free examination, provided that it has a practicing surgeon or traumatologist. The certificate is not issued in person .

Is it possible in a private clinic?

The requirements for specialists to conduct an examination are the same as in a public clinic - the presence of a practicing traumatologist or surgeon. How much the examination costs depends on the number of specialists involved and the tests performed. Some clinics charge a fee for issuing a certificate, which is handed to the victim.

What is meant by beating?

The Criminal Code of the Russian Federation characterizes beatings as minimal physical damage that can be caused to a person. Through his actions, the criminal leaves small marks on the victim’s skin - bruises, small wounds, abrasions and bruises. Beatings can be expressed in:

strong pinching and squeezing of the skin;
hair pulling;
bites, etc.

The crime is qualified under Art. 116 of the Criminal Code of the Russian Federation. According to this legislative norm, beatings occur under the following circumstances:

The intentionality of the attacker's actions.
Causing physical pain to the victim by the actions themselves, and not by their consequences.
Violence was used repeatedly. One blow does not count as battery.
The victim did not suffer any serious physical health consequences.

If, as a result of the beating, the victim’s injuries turned out to be more serious - loss of ability to work occurred, the act will move into the category of bodily injuries of varying degrees of severity:

Art. 115 of the Criminal Code of the Russian Federation – minor harm to health. This implies a short-term impairment of the victim’s physical health and minor loss of ability to work – a maximum of 7-10 days;
Art. 112 of the Criminal Code of the Russian Federation – harm to health of moderate severity. This means significant loss of ability to work and the need for long-term treatment - more than 21 days;
Art. 111 of the Criminal Code of the Russian Federation – grievous harm to health. Occurs when the victim has suffered life-threatening injuries or lost an organ or its functionality. With such injuries, a person loses his ability to work for a very long period or forever.

Obtaining a certificate: how to get it, who issues it, what information does it contain?

A certificate of the consequences of beatings is issued immediately after the inspection and contains the following information:

place of procedure – full name of the medical institution;
information about the specialist who conducted the examination - full name, position, category, total work experience;
Full name, date of birth, place of registration of the victim;
information about the examinations performed - ECG, REG, x-ray, etc. and their description;
a detailed description of visually detected damage and its location;
statute of limitations for damage at the time of application;
confirmation of the impossibility of causing damage independently;
signature and full name the doctor who performed the examination.

The document on the recorded beatings is certified by the signature of the head of the medical institution and the official seal.

What a sample certificate of battery cleared looks like is shown below:

Certificate of removal of beatings

A certificate of removal of beatings can be issued by the medical institution to which the application was received. To do this, the doctor of the expert institution carries out the actual procedure for removing the beatings. Based on its results, a certificate will be written, which gives the victim the right to go to court with a statement about the beating.

As a rule, the help contains the following information:

nature of injuries;
the severity of the beating;
number of injuries;
location of the beating marks;
the likelihood of self-inflicted injuries on victims;
the degree of harm caused to the victim.

When can they refuse?

A medical organization may refuse to conduct an examination in the following cases:

In the absence of a passport , identification of the victim is necessary to issue a certificate, so such an action is legal. However, employees are required to provide first aid if the victim needs it. If your passport was lost during a fight or attack, you should first contact law enforcement agencies.
In the absence of practicing doctors - a surgeon or traumatologist . Only these specialists can conduct examinations of beatings. In this case, you need to contact another institution.
In the absence of a referral from police officers . Such an action is unlawful; to resolve the problem, you should contact the head physician of the institution.

Medical examination of the beatings plays a decisive role for the further conduct of the forensic medical examination. In addition, this procedure is important for the victim himself. A timely inspection allows you to solve a crime in the shortest possible time and punish the culprit.

How to prove beatings without witnesses

If at the time of the crime the citizen and the offender were alone, it is necessary to immediately call the police. They will inspect the scene of the crime to detect the crime weapon, traces of blood on the floor, walls, clothes of the alleged criminal, etc.

A detailed story about what happened, documented results of an inspection of the scene, and an examination of the collected biological material will help prove in court that the beatings were inflicted by the accused.

Video recordings made on a mobile phone will help prove the commission of a crime in the absence of eyewitnesses.

Note!
If there are no visible signs of beatings, you should consult a therapist with complaints of pain or malaise. This fact will be reflected in the medical record.

How to remove beatings, where should you go to record them?

It doesn’t matter how it happened - whether you were attacked on the street, there was a fight, or other situations.

For the committed act, a person must still be punished. In this article we will look at how you can remove the beatings and in what time frame. Important! If you are dealing with your own battery case, you should remember that:

The possibility of a positive outcome depends on many factors.
All personal injury cases are unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.

General information Important!

Battery is striking or performing any other type of violence under the following circumstances:

the impacts are not isolated.
Battery is the commission of violent acts that do not entail serious consequences. In other words, these are bodily injuries caused to a person.
the actions caused physical pain;

Some points of the procedure

The procedure for removing beatings includes three main points:

contacting the police and writing a statement;
going to the hospital to directly relieve the beatings;
filing an application with the court.

Now let's look at each point in more detail. In order to initiate the procedure for removing the beating, you first need to contact the police and write a statement there, describing what exactly happened, under what circumstances, how, when and by whom you were beaten.

It is also necessary to describe the nature of the injuries that were received as a result of the beating: in what places there were bruises, hematomas, abrasions. It is also necessary to indicate whether there were witnesses to this incident.

After writing the above statement, you need to go to the hospital, where a doctor will record the injuries received during the fight. It is necessary for the doctor to accurately, clearly and in detail describe the nature of the injuries and their severity.

After actually receiving a certificate in your hand , which will list the beatings inflicted on you, you need to contact the magistrate’s court of the district in which the incident itself occurred. In this situation, you, that is, the victim, act as a private prosecutor.

Passing a medical examination for weapons in Volgograd: addresses and reviews

This is limited by the current legislation of the Russian Federation and the Federal Law “On Weapons” dated December 13, 1996 No. 150-FZ. Current Russian legislation requires a license to store, carry and purchase weapons.

To do this, the patient will have to undergo a weapons medical examination in Volgograd and receive the appropriate certificate. There are many different reasons for receiving it and purchasing weapons:

To carry out effective security activities.
To renew your weapons license.
For conducting and organizing special training and others.
For hunting animals.
To ensure the protection of yourself and loved ones.

A weapons certificate requires passing a commission called the Medical Examination of Citizens to issue a license to purchase weapons.

Statement

After the beatings have been removed, a certificate from a traumatologist has been issued, or a conclusion from a forensic expert has been drawn up, it is necessary to write a statement to law enforcement agencies, in which you need to describe the situation in detail. We wrote about the deadlines for submitting an application here.

Report to the police about beatings

Within ten days, the police department will consider the accepted application, and the issue of opening a criminal case will be decided, which may subsequently be brought to court.

If the attacker made threats against the beaten person, then they also need to be described in as much detail as possible.

The application must be accepted, and in return the victim receives a notification coupon that the employees have accepted the application for consideration and have begun to study it.

Police officers do not have the right to send a citizen to write a statement to another department, citing various reasons. This is a direct violation of the job description.

It is recommended to contact the police of the area where the victim lives; such a step will significantly reduce the time it takes to consider the application.

The standard period for such requests is about three days, but sometimes it can reach ten days. If a police officer does not want to accept a statement, this is a violation. All applications received from citizens must be considered within the established time frame.

As a result, a response from law enforcement agencies will follow regarding the initiation of a criminal case or its refusal. You can try to refute the refusal to initiate a criminal case by contacting the local prosecutor's office.

What is the criterion for evaluating the work of forensic experts?

One of the indicators of expert work is the number of repeated examinations, which is used as a criterion for assessing the quality of work of state forensic institutions.

According to the law, a commission examination is mainly appointed if the results of a previous study are in doubt (according to Part 2 of Article 207).

“In cases where doubts arise about the validity of an expert’s conclusion or if there are contradictions in the conclusions of an expert or experts on the same issues, a re-examination may be ordered, the production of which is entrusted to another expert.”

In recent years, there has been a continuing trend towards an increase in both appointments and the production of various forensic examinations and expert studies. At the same time, the number of complex, multi-object, complex forensic examinations being carried out is increasing.

What to do if the fact of beating was not removed?

If many days have passed since the beating, and an appeal to a forensic medical institution was not made or was made, but the bruises have already passed, this will not mean that it will be impossible to punish the offender.

In this case, you need to try to find witnesses who can confirm:

the presence of a conflict situation between the one who beat and his victim.
Perhaps one of the neighbors heard screams and calls for help.
It may happen that there could be one of the random passers-by on the spot who saw the circumstances of the incident.

In addition to witnesses, evidence of the beatings that occurred will be objects that were at the crime scene. These could also be tools used to strike. Such items include furniture, household appliances and other things that can cause harm to human health.

Important . If, at the time of contacting a medical specialist, the bruises and wounds no longer look fresh and the skin structure already looks restored, then the doctor, of course, will record the damage, but the severity of the damage may be indicated less than it was in its original form.

Therefore, it is so important to make a timely request to record the beatings.

What liability is provided for assault under the Criminal Code of the Russian Federation? And other nuances that will help you better understand the provided punishments:

Classification of beatings.
What is mild battery and what is the liability for it?
What is moderate battery and responsibility for it.

Also, in what case will the liability be administrative (according to the Code of Administrative Offenses of the Russian Federation) and when will only a fine be imposed as a punishment?

Withdrawal period

There are no official rules or requirements that must be followed regarding the time period for beatings to be removed.

But practice shows that it is best to film beatings within 1-2 days after the incident itself, because
large bruises and hematomas cannot be recorded after a long period, since the doctor who will conduct the examination will not be able to determine their nature and provide an accurate conclusion .
But in 1-2 days, hematomas and bruises do not have time to resolve, and minor injuries, such as abrasions, do not have time to heal completely. It is also important that in addition to the traces themselves, you will be able to remember how everything happened, who beat you and what objects were used, which is also very important.

Emergency room to remove beatings

Contacting emergency rooms after beatings is the most popular way to record them. Why? First of all, because in this way you can get professional help and record information about the beating completely free of charge, however, this method has one important drawback - the emergency room doctors do not hand over reports; this information is immediately transferred to law enforcement agencies.

A group of young people, among whom was a young woman with a child, came to one of the St. Petersburg emergency rooms.

Everyone, including the 2-year-old child, was beaten, as evidenced by numerous injuries to the head, face, and body. As it turned out, the company was attacked by police officers. Let us note that among the victims there were no drunks; the young people were simply walking around the city, admiring its evening beauty.

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Why are repeat examinations ordered so often?

The most common reasons for prescribing repeated medical examinations are:

— the presence of contradictions in the conclusions and the research part of the examination;

- insufficient substantiation or lack of substantiation of conclusions (relates to establishing the severity of harm caused to health, duration and mechanism of damage);

- requirement of supervisory authorities (prosecutor's office);

— instructions from the heads of the investigative body;

— an expert’s opinion denying the expert’s conclusions;

— disagreement of one of the parties with the expert’s conclusions;

— the impossibility of providing answers to all questions posed during the initial examination without the involvement of specialized specialists;

- inability to establish the cause of death (for example, due to the condition of the corpse);

— establishing the correspondence of the circumstances of damage and the mechanism of its formation in a road traffic accident.

Why do expert commissions and district experts often disagree? As a rule, during the initial examination, a diagnosis is used that is already available in medical documents (in a certificate, outpatient card, medical history) and does not take into account the presence or absence of a description of objective clinical manifestations of injury, aggravated premorbid background, or the course of concomitant diseases.