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.
ATTENTION : our lawyer for battery cases will explain what to do if you are accused of battery that you did not commit: professionally, on favorable terms and on time. Call today!
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
Kakha and Sergo argued with each other
Then I left there and he was taken away by ambulance.
He recorded the beatings and wrote a statement to the police. I found out about this today, October 26, 2014. What threatens me now?
shall be punishable by compulsory labor for a term of up to three hundred sixty hours, or correctional labor for a term of up to one year, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.
shall be punishable by compulsory labor for a term of up to three hundred sixty hours, or correctional labor for a term of up to one year, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group; c) with the use of weapons or objects used as weapons -
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.
I was beaten by my husband, what will happen after I write a statement?
You need to record all injuries and go to court as a private prosecution. You can recover from him all the costs of treatment and compensation for moral damage.
If you need more detailed advice or assistance in this matter, please contact me by email. mail or call, contacts are listed below. I'll be glad to help.
Good afternoon You have already been given legal advice by lawyers. Everything was explained to you in detail.
I have nothing to add to you. I want to give you my advice. Don't write a statement to the police, don't go to court.
Think, if the person closest to you raises his hand against you, leave him. I don't want to teach you, under any circumstances.
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:
Reasons for revocation
In situations where the application is already with the investigator, and the victim wants to return it, in accordance with Articles 25 and 28 of the Code of Criminal Procedure of the Russian Federation, termination of the case based on the application provided by the victim is the right of the investigator, but not his direct responsibility.
According to Article 15 of the Criminal Code of the Russian Federation, such cases can be completed by a peace agreement and termination of the criminal case. It often happens that a citizen thought that blows were dealt to him, but in reality the offender simply swung at him or was rude, and the appeal to the police station was already written in an emotional outburst.
Such cases are called events that did not take place, so if such a situation does occur, it is recommended to take care of withdrawing your statement to the police as soon as possible.
Attention! In this case, the police officers will invite the citizen to write another statement in which he will outline the essence of his request and confirm this with specific facts.
In this situation, the case may be dismissed due to the lack of corpus delicti , but only if one’s point of view is supported by reliable circumstances.
In this case, there will be no criminal or administrative liability for the previously written appeal. If the two parties have reconciled with each other, and the injured party has no significant claims against the offender, then it is generally accepted that an agreement on reconciliation of the parties has been concluded between them.
If a forensic medical examination was carried out, which established severe injuries on the victim’s body, then it will be more difficult to withdraw the written appeal, but if there is a reconciliation of the parties, and moreover, the offender raised his hand to the victim for the first time, then the consideration of the application may be terminated. There is a third case, which is illegal, when they deliberately try to intimidate and put pressure on the victim so that he withdraws the submitted statement from the police.
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.
Beaten by husband
Your text: Did the little child also dislocate his arm because he didn’t like the smell of cigarettes? Cigarettes are just an excuse. He will find a reason to beat the author, beat the children, kick them out of the house. But the author keeps whining “there are even worse families.” much worse. A child calls the police after seeing his father beating his mother. WHERE worse, author? your husband, of course, acted cruelly and inappropriately, but if I were you, I would think about whether he is so wrong? I don’t smoke myself, and if I smoke a cigarette once a year due to extreme stress, I feel sick of myself, I immediately feel the stench and it’s unpleasant to kiss my husband, much less my child, after cigarettes. I also don’t like it when my husband smokes, it’s disgusting to kiss a person who smells of tobacco, it’s like drinking poison. but I think your problem is not only about smoking, but much deeper. Either he is an inadequate psychopath or subconsciously you irritate him so much that he wants to strangle you. It happens that the wife seems to be a good woman, but somehow she irritates her to the point of nervousness. a family psychologist or divorce can help you.
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.
What does a husband face for beating his wife if I filmed the beating and wrote a statement against him?
I wrote a statement against my husband to the police, recorded the beatings, and during the beating he threatened to kill me. On the same day I went with the children to a friend. Tell him what will happen to him for this, whether I need to hire a lawyer or not. I removed the beatings on May 28, and wrote a statement on May 29. They immediately wanted to go to the apartment, then for some reason they changed their minds and said we’ll call you.
Today is June 1st and I called them myself, to which they answered that they received the results from the forensic examination today and on Monday they will open a case and that I should wait for their call from Monday. What should I do, this is my first time encountering this.
According to Art. 116 of the Criminal Code of the Russian Federation, a criminal case cannot be initiated by the police: they will refuse to initiate a criminal case and will explain the procedure for filing a statement with the magistrate. These are cases of private prosecution and you will need to personally apply to the court district to the magistrate at the place where the crime was committed; You will be called a private prosecutor and will have to prove your spouse’s guilt yourself.
Whether or not to hire a lawyer is up to you to decide. And in principle you don’t need to do anything, the police will do everything. You will only need to appear to them to carry out investigative actions. Options for the development of the situation during excitation angle. case (Article 116 or Article 119 of the Criminal Code of the Russian Federation): 1) termination of the case upon reconciliation of the parties 2) a fine or suspended sentence 3) if he has a criminal record, then he can be imprisoned. As for the criminal case under Art.
119 of the Criminal Code of the Russian Federation: to initiate a case under this article, it is necessary that the threat be real. If these were just words expressed in a quarrel, even if accompanied by beatings (not life-threatening), then you will also be denied the initiation of a criminal case. I completely agree with my colleague’s opinion. You just need to wait, but hiring a lawyer is only your personal decision.
