There are situations in life when something threatens your safety and health.
Most often this is beating - repeated blows, physical pain or other violent actions to the victim.
Such actions are punishable. Punishment in this case is permissible provided that physical pain is caused by the actions of the criminal or criminals.
Pain and suffering must necessarily be caused by actions, and not by their consequences.
IMPORTANT! To bring the perpetrator to justice, it is necessary to send to the court evidence of beatings, intent, as well as a medical certificate or medical report.
Why is an examination necessary after a beating?
The law does not oblige the injured person to go to medical institutions to remove the injuries. You can be held accountable even if no bruises or abrasions are found on the body of the beaten person. The very fact of pain experienced by the victim already indicates the presence of a criminal offense.
However, the initiation of criminal proceedings is possible only if there is a conclusion issued after a forensic medical examination, a referral for which is issued by police officers as part of a pre-investigation check.
In addition, if the victim wishes to subsequently, through the court, compensate for the damage caused to him by the offender, he must present evidence of the beating to the court, as part of the civil process. Therefore, it is better to also contact a medical institution to obtain a document (certificate).
Regulatory acts regulating liability for beatings of loved ones
Currently, punishment for beatings, including beatings of family members, is provided for in two articles:
- 6.1.1 Code of Administrative Offenses - for a violation committed for the first time.
- 116.1 of the Criminal Code - for repeated beatings inflicted within a year after the previous ones.
Art. 6.1.1 Code of Administrative Offenses
Both for beating strangers (in the absence of motives provided for in Article 116 of the Criminal Code) and for beatings in the family, Article 6.1.1 of the Code of Administrative Offenses provides for the following punishment:
- penalties ranging from 5,000 to 30,000 rubles;
- detention for a period of 10 to 15 days;
- compulsory work for 60–120 hours.
How long does it take to remove a beating?
Neither legal literature nor legislative acts define the time limits for establishing battery. In practice, specific time still exists.
This period is determined based on the medical characteristics of the individual victim’s body, physiology, state of his health before the unlawful act, as well as other factors.
The optimal period for examining a beaten person is two days. It is at this time that wounds, abrasions and bruises are not yet healing. Afterwards, the recovery process begins, the hematomas resolve, and the skin is restored.
At the same time, damage can be recorded later, but it should be taken into account that six days after the injury has occurred, it is practically impossible to reliably determine the cause of its occurrence.
Causes of fights at work
It is difficult to answer unequivocally what could serve as a reason for exceeding generally accepted norms of behavior. Most often, a blow by one of the participants in a dispute or conflict that has escalated into a fight is caused by an insult or uncontrolled aggression.
In any case, the root cause can be called disrespect for work colleagues, sometimes an overestimation of one’s importance, expressed in a disdainful attitude towards others.
It is important to learn to coexist peacefully with co-workers, even if some cause strong antipathy
For clarity, here are a few examples of assault at work:
- the daily banter of one of the employees at one point unbalanced the employee who became the object of bullying, who hit the unsuccessful “joker”, the result was a brawl;
- To the foreman's remark about being late or low productivity, the employee responded with obscene language, which was taken as an insult with the consequent desire to put the boor in his place by force.
It is necessary to extinguish any conflict at its beginning, without leading to assault at work
How to properly remove beatings
The procedure for removing a beating depends on whether the victim initially contacts the police or goes to a medical facility on his own, whether he is hospitalized by an ambulance, and whether he even wants to report to law enforcement agencies.
In detail: How to write a statement about beatings?
Initial contact with the police
If the victim did not remove the beatings on his own and called the police or filed a statement with the department, then he must be given directions for a forensic medical examination.
Usually it is carried out at the Bureau of Forensic Medical Examination (BSME), where they will examine the beatings and issue an expert opinion, which they will forward to the police. Employees of the institution will take measurements of the injuries received, describe the nature of the injury, their appearance, and their severity.
It is important to establish the fact of the absence of slander and self-infliction of injury (this is one of the questions for the examination - is it possible for self-infliction). Based on the expert's opinion, a decision will be made to initiate a criminal case.
Removing beatings in a medical facility
A person who has been injured can independently go to any medical institution to record their injuries. This could be a clinic, emergency room, or hospital.
Having medical documents on hand makes it easier to submit a statement to the police and undergo a forensic medical examination to initiate a criminal case; they will also be one of the evidence of assault when filing a claim for compensation for harm in civil proceedings.
It is important to know! State health care institutions are required to report citizens' requests for medical assistance with injuries and damage of a criminal nature to the police. Inspections are carried out according to them, the victim is questioned about the circumstances of the injuries, a forensic medical examination is appointed and carried out, and a decision is made according to the requirements of the law.
Removing beatings in the emergency room
A trauma center is a government agency that provides first aid services free of charge. When dealing with beatings on your own without the assistance of the police department, it is recommended to visit the emergency room. A traumatologist provides assistance to the beaten person. At the end of the examination, the doctor gives the applicant a state certificate. sample, which indicates:
- all damage caused to the victim;
- day and time of appeal;
- health worker's signature and seal.
Example of a certificate from an emergency room
The applicant will be required to provide an explanation of the cause of the injuries. The doctor is obliged to record this information and forward it to the police.
Vera Viktorovna Dolganina
Practicing lawyer with more than 10 years of experience.
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A certificate received by the victim at a tram center or a private hospital can be attached to the case file if the victim wishes to file a claim in court for compensation for damage caused by beatings. However, evidence in criminal proceedings can only be the conclusion of a forensic medical examination. It is impossible to initiate a criminal case without an expert opinion.
Recording beatings during hospitalization
If the victim is hospitalized, medical workers are required to indicate the injuries received and their description in medical documents. Hospital staff will report the complaint and all information received from the victim to law enforcement officials.
An inspection will be carried out, the medical record and data from primary and subsequent medical documents will be sent by the police for a forensic medical examination, based on the conclusion of which a decision will be made to initiate a criminal case.
Removal of beatings without reporting to the police
You should know that if you suspect a violent injury to an applicant, employees of an emergency room, clinic or hospital are required to report the application and all information received from the victim to the police department at the location of the medical institution.
If for some reason the victim does not want to report the offense and file a statement, but considers it necessary to record the beatings, he can contact accredited expert institutions.
When applying privately, that is, by the victims themselves without a referral from the police, these institutions do not have instructions to report to law enforcement agencies. If the victim wants to have the beating removed without reporting to the police, he can contact these institutions, but the service will be paid.
Accredited expert institutions
There are many non-state accredited expert institutions that offer independent forensic medical examinations for a fee without a referral from the police. As a result, the victim receives a specialist’s conclusion from an organization with a license to provide services in the field of forensic medical examination.
The cost of such an examination with photographic recording of damage in Moscow can reach 15,000 rubles.
Important! The conclusion of a specialist from a non-state forensic institution does not replace a forensic medical examination sent by the police as part of a pre-investigation check.
The court and investigation may consider the expert’s conclusion questionable and not accept it, may call the medical expert who carried out the examination procedure for clarification, or may not accept it at all and order their own forensic medical examination.
It is important to choose an institution responsibly; it must be certified and have the necessary license, the qualifications of medical workers have been confirmed and are at a high level.
Some state bureaus of forensic examination (BME) also conduct medical examinations of citizens for the presence of physical injuries. The victim receives a medical examination report, which indicates the injuries and the date of the examination. The cost of a medical document is about 1000 rubles.
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Is it possible to apply for a medical examination in a few days?
It is possible to record beatings over time. But it is worth considering that for some days the concept is flexible and ambiguous for different people and for beatings of different nature and severity.
It is also worth noting that when considering the relevant case, the court may take with distrust the fact of late application to the relevant institutions.
This fact should not be neglected.
Traces of beatings may not be visible, the picture of their application and appearance will not be clear, which may negatively affect the search for the cause of physical and moral harm.
What to do when the beatings are not removed, time has passed and no traces are visible?
If for some objective or subjective reasons the injured party did not timely record the fact of the beating, then she should draw the attention of law enforcement agencies to the testimony of eyewitnesses and witnesses.
It is necessary to set out in detail all the circumstances of the incident.
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.
Is it possible to withdraw a statement from the police?
Battery falls under the category of crimes of private prosecution. The applicant may withdraw the application he submitted against the offender in cases where the conflict between the parties has been resolved and the applicant has no claims against the entity that caused him physical pain. The official conducting the pre-investigation check accepts a counter-statement from the victim, where he asks to terminate the consideration of the case in connection with the reconciliation of the parties. Based on this document, a decision is made to refuse to initiate a criminal case. The deadline for filing a counter-statement is up to 10 days from the moment the fact of beating is registered with the police.
There is no liability for the victim except in cases where the applicant knowingly made a false report of a crime, i.e. on the fact of slander against the defendant. A person who makes a false complaint to the police may be prosecuted under Art. 128 of the Criminal Code of the Russian Federation “Slander”.
Can a fight be considered a work-related injury?
Even if the victim’s health is damaged as a result of beatings, the incident is not taken into account as an occupational injury.
In Art. 227 of the Labor Code of the Russian Federation directly stipulates the situation of recording accidents at work and identifying occupational diseases received during the implementation of lawful actions determined by labor relations.
Fighting in itself is already an offense. Therefore, the victim can demand all compensation only from the guilty person in the manner prescribed by law.
Procedure for reporting an incident
Separately, in Section VIII of the Labor Code of the Russian Federation, the legislator focuses on issues of labor discipline and labor regulations. All employees are required to obey established rules of conduct, which are determined by internal regulations.
In addition to the working hours regime, local legal acts may stipulate the applied incentive and penalty measures, and other issues of regulating labor relations in a particular organization.
Depending on the specifics of the field of activity, statutes and regulations on discipline apply. For example, this applies to civil servants (Article 58 of Federal Law No. 79).
A fight between employees in the workplace, regardless of its consequences for the instigators, the entire workforce and the employer, is always an emergency.
In order to objectively make a decision on punishment for those responsible, an investigation must be conducted.
It is a rare case when a brawl occurs directly in front of the owner or head of the organization. Therefore, the head of a structural unit (department, workshop, brigade, etc.) must report the incident to management in writing.
Next, you should adhere to the established procedure for investigating emergency incidents in order to apply appropriate penalties.
We present an approximate algorithm of step-by-step actions.
- A written order is issued to create a special commission to investigate the incident.
The composition of such a commission, as a rule, includes representatives of the administration and the workforce. For example, a personnel service inspector can provide information about existing outstanding disciplinary sanctions or the absence thereof, the marital status of the rowdy, dependent young children, and other disabled relatives.
The head of the structural unit will give a performance description to the employee, his attitude to the performance of work duties, production assignments, and participation in the public life of the team.
If there is a trade union in the organization, it is imperative that its representative be present on the commission.
- Employees who started a fight at work are required to provide written explanations.
After two days, if they have not presented anything in their justification, they draw up an act signed by several witnesses, where they describe the events that occurred and clarify the fact of refusal of the explanatory note.
- The commission must interview witnesses, documenting their testimony.
- Having examined all the objective and subjective factors of the incident, taking into account the personal characteristics of the participants in the conflict, the degree of guilt, the consequences of the rowdy, taking into account the opinion of the representative of the trade union committee, a decision is made on punishment for violators of discipline.
