Reporting assault to the police: how to write in 2021

Contacting the police

You must contact the police and fill out a statement, indicating
the following information:

police department name, address;
Full name, address and telephone number of the applicant;
description of the circumstances: date of beating, full name of the perpetrator (if he is unknown, indicate that the beating was inflicted by a stranger), reason for the beating;
date of visit to the emergency room;
the residence address of the perpetrator, if known, as well as information about his prosecution for beatings in the past, if such data is available;
please familiarize yourself with the testimony of witnesses, if available;
request to bring the culprit to justice;
please inform about the decision made;
attachments (certificate of beatings with the date of registration);
date, signature.

Statement to the police - sample.

You can first write a statement and then undergo a forensic medical examination: the police will independently refer the victim to an expert. But if the victim is in severe pain and needs emergency help, then he can independently record the beatings.

What to do if a person is beaten?

At the same time, you should draw up a statement of non-disclosure of your personal data. This will prevent personal information from being shared with the suspect.

If the person who committed the attack began to threaten, it is necessary to file a new statement with the police regarding the threats.

Removing beatings or an action plan after being beaten by your husband

Here there will be recommendations for several different situations at once, because beatings can be different, but in general, each recommendation has been time-tested; by acting in a way that is convenient for you, you will not make mistakes and will do everything correctly.

If you have received serious injuries, such as broken limbs, concussions and other serious injuries, then we immediately call an ambulance, because it is the medical workers who will record your injuries, and at the ambulance station (“hospital”), when calling the team, a record is made in journal about the date and time of the team’s departure. With such serious injuries, the victim will be taken to the hospital and treated. In such a situation, the beatings will be removed by medical workers, and in such cases, medical workers will also report to the police that a patient has been admitted to the department with beatings, after which a local police officer or another police officer will come to you, he will take an explanation from you and ask you about it , what happened, you can apply here.

If after the beating you do not need emergency medical care, then you can immediately go and write a statement to the police department and after filing the statement, the police officers will have to send you for an examination (as part of the pre-investigation check), where the beatings will be removed. But in order to carry out an examination and remove the beatings, it may not be at the direction of the police; you can independently contact a medical institution to remove the beatings.

There is also the option of going to the emergency room, where you can have the beatings removed, and there is usually a policeman on duty there, to whom you can explain the situation and file a report. After an examination by a traumatologist, or a surgeon or other medical workers, you are required to be given diagnostic documents; they are necessary for conducting a forensic medical examination, because it includes an examination and, as a result, the issuance of an opinion on the state of health and the severity of the beatings.

And so we came to the conclusion that you can go in several ways:

Call an ambulance;
Go to the police station yourself;
Go to a medical facility (emergency room) yourself.

If you go to a medical facility or emergency room!

Of course, in a medical institution you will be provided with the first necessary aid, but most importantly, you will receive a certificate indicating what kind of beatings you have on your body, their nature will also be indicated, and the date and time of your application will also be indicated in the certificate.

After which you can go to the police station with the certificate. We write a statement in which we indicate all the circumstances of the incident, and after filing it, the person causing harm will be held accountable and the issue of punishment will be decided along the way.

As I said above, when you come with a certificate to file a statement with the police, you may be sent for a forensic examination to conduct a pre-investigation check. But this does not mean that you will be examined again; in most cases, experts make an opinion based on the certificate that you received upon your initial visit to a medical institution.

You can contact the police immediately!

Here, of course, you will need to write a statement in which you indicate under what circumstances the beatings were inflicted, how they were inflicted (in what ways), and generally describe the sequence of actions of the harm-doer.

Next, you will be sent to undergo a forensic medical examination, and here you will come without a certificate and the expert will examine your beatings, after which a conclusion will be made on the severity of the harm caused to your health.

It is very important for you to record all injuries in a timely manner and the first thing you can do after receiving a beating is to record their presence on a photo or video camera, and we always recommend reporting the fact of beatings to your relatives, friends or acquaintances, and be sure to tell them, what happened.

You will need to prove that your husband caused the injuries to you.

Here you have the following types of evidence:
Testimony;
Real.

Of course, the conclusion of a forensic expert and the medical examination report after the beating play a very important role, but you need to prove that it was the husband who inflicted the beating. Of course, the law obliges the collection of evidence to be carried out by the investigator, inquiry officer and prosecutor, but no one deprives the injured party of engaging in independent collection of evidence and such evidence is necessarily attached to the case and the evidence can be any type of information related to the case on the basis of Part 1 of Article 74 Code of Criminal Procedure of the Russian Federation.

Material evidence may include recordings from video cameras, cameras, recordings from a voice recorder, because you can turn on a video or audio recording on your phone during a quarrel and record the beating process itself if you quietly install or carelessly throw the phone to some place for review, in fact, how it will work, but the very fact of the presence of at least an audio track will be good evidence.

You can use as evidence the objects with which you were struck, and such objects can also be sent for examination in order to establish on them the presence of traces of blood, remains of skin, hair and other biological materials belonging to the victim.

You also have every right to involve witnesses to participate in the case, but these must be real witnesses, that is, persons who were nearby or in the immediate vicinity at the time of your beating and heard everything. These could be neighbors, as a rule they are neighbors, or if everything happened on the street, then random passers-by.

After the police officers conduct an investigation, the case is sent to court and the judge will decide what punishment to impose.

Appeal to the World Court

If the victim’s injuries are not severe, they may be classified as battery or minor harm to health. Such cases are heard in the magistrate's court. If the police requested materials from the emergency room and did not find moderate or severe harm to the victim’s health, they will inform the applicant of the need to go to court.

The victim will need to file a claim, indicating the following information:

name of the court, address;
Full name, passport details, address of the applicant;
description of the circumstances: date, place of the beating, full name of the perpetrator, reason for the beating, etc.;
request to accept a criminal case;
request to summon these witnesses to court;
request to bring the perpetrator to justice and oblige him to pay moral damages;
list of attached documents;
date, signature.

Application to the Magistrates' Court - sample.

The claim will need to be accompanied by a copy of your passport and a medical examination certificate.

The applicant may, at any time before the court retires to the conference room, reconcile with the perpetrator. Thus, practice shows that women often withdraw statements written in a fit of anger at their husbands. In such cases, the question arises about the grounds with which the injured person applied. If a woman has filed a statement about the false commission of a crime against her, then she risks facing criminal liability for knowingly false denunciation. If the victim has reconciled with her husband, then the case will be closed once the parties have reconciled.

The victim cannot be refused to accept a statement if there are no witnesses to the incident. Authorized persons may find them during the investigation. Sometimes other evidence arises - for example, video from street cameras. But if there is no evidence and witnesses, then it will be difficult to prove the fact of beating to the victim.

What to do if a husband beats his wife?

If nothing could be resolved, everything has gone too far, then of course heavy artillery is needed with shots right on target:

Reporting beatings to the police as soon as possible after the incident, because abrasions and bruises heal, which means evidence of harm to health disappears
We receive a referral for examination and determine the extent of the beatings. It is possible that we will talk about more serious consequences, because the female body is weaker, male aggression is destructive in impulse
We demand administrative, criminal, civil liability, compensation for moral damage, and punishment of the perpetrator.

What is the threat of beating the perpetrator?

If the beating person committed an offense for the first time, and the victim did not experience significant damage to his health (for example, he did not go on sick leave because he was able to continue working), then the perpetrator will be brought to administrative responsibility under Art. 6.1.1 Code of Administrative Offenses of the Russian Federation.

Possible punishment:

a fine of 5-30 thousand rubles;
arrest for 10-15 days;
compulsory community service for 60-120 hours.

If the batterer causes significant harm to the health of the victim, then he faces criminal punishment. Liability is established under Articles 111-116 of the Criminal Code of the Russian Federation.

Thus, intentional infliction of serious harm to health, which entailed loss of vision, hearing or another organ, mental disorder, long-term disability, threatens the perpetrator with imprisonment for a period of up to 8 years under Art. 111 of the Criminal Code of the Russian Federation.

Causing severe or moderate harm to health in the heat of passion under Art. 113 of the Criminal Code of the Russian Federation entails correctional/forced labor, deprivation or restriction of freedom for a period of up to 2 years.

Intentional infliction of serious harm to the health of the victim by exceeding the limits of self-defense entails forced labor/correctional labor, imprisonment or restriction of freedom for a period of up to 1 year.

Beatings under Art. 116 of the Criminal Code of the Russian Federation is punishable by compulsory, corrective or forced labor, arrest for up to 6 years or imprisonment for up to 2 years.

What to do if your wife writes a statement about beatings?

How a husband should act if his wife wrote a statement about beatings depends on the specific circumstances of the case, namely, whether the husband inflicted the beatings or not.

In the case where the husband did not beat his wife, appropriate explanations should be given, and also try to “catch the wife in a lie,” but this is better done in a court hearing, when the case is considered by the court. At the same time, if, for example, the husband did not inflict beatings because he was not near his wife at all, and this can be confirmed by witnesses, it is necessary to petition for the interrogation of such witnesses.

It is possible that the husband did not inflict the beatings, but on the contrary, the wife inflicted the beatings on the husband; in this case, the husband may write a counter-statement to hold the wife accountable for the beatings.

If, nevertheless, beatings were inflicted, then it is worth thinking about the possibility of reconciliation with the victim and termination of the criminal case on this basis. Even if you really don’t want to reconcile, you should overcome yourself and reconcile with the victim, or at least try to reconcile. It is in the interests of the husband that the criminal case be dropped, otherwise he will face a criminal record for assaulting his wife.

Arbitrage practice

1. On December 6, 2021, a 47-year-old local resident came to the Volgograd hospital with complaints of a skull fracture and other injuries. Hospital staff informed law enforcement agencies about this. It was found out that the victim’s partner, who had a quarrel on New Year’s Eve, was to blame for the beating. At first, the woman continued to go to work, but a few days later her health worsened and she went to the hospital. When arresting the man, the Ministry of Internal Affairs found out that he had previously been convicted and was not employed anywhere. He faces criminal punishment under Part 2 of Art. 111 of the Criminal Code of the Russian Federation due to the intentional infliction of serious harm to health. 2. On January 14, 2021, Moscow police opened a criminal case against a girl - a taxi driver - who hit a passenger with a stun gun because of his unwillingness to pay in cash. The man paid for the ride through an app on his smartphone and tried to get out, but the taxi driver blocked the doors and demanded cash, after which she hit him with a stun gun. The victim received medical care, and the girl faces punishment under Art. 116 of the Criminal Code of the Russian Federation “Beatings”.

Aggression sits inside

A woman who has experienced violence needs moral and legal support. But husbands who use aggression towards those closest to them also need help. Dina believes that those who are crippled are the ones who are crippled, and psychologists should also work with them.

“It should be built like labor camps.” Something between a prison and a hospital. Let them work hard, work with specialists at the same time, change their consciousness, and realize their fall. Our entire policy is aimed at saving a woman - treating, supporting, bringing her back to life. But the husband remains the same. Even if you kick him out, he will find another woman, go to his mother, beat his mother, start beating his sister. Here we need to work comprehensively. The woman is protected by the police, she finds refuge in crisis centers, and the men are left with their unresolved problem, with the aggression that still sits inside them.

According to Dina, we also need to look for new forms of work with crisis centers. For now, the crisis center is certainly a salvation: a woman finds shelter, bed and food there. But ideally, it is necessary to restructure the work of the centers so that they are focused on the social adaptation of women: so that after everything that has happened, she can find her place in society.

“We need to teach a woman to defend herself, give her legal support,” says Dina. — Explain how to properly navigate the authorities: in our country, such knowledge is very useful, since in the Kazakh authorities no one welcomes anyone with open arms, you need to be able to fight for yourself. Issues of socialization are important: undergo training, get an education, go out into the world, gain economic independence from her husband, explain what support from the state she is entitled to. Sheltering, hiding, feeding, protecting from her husband is an urgent measure aimed at giving a woman a temporary respite.

- Let's take one of the latest examples. The husband and wife have a joint household, a large house, and five children. And the husband kicks the woman out, takes away the house, and moves in tenants. The wife was sheltered by a crisis center, she waits out an acute period there, then comes out - and she has no starting points. A woman needs to be taught: here the guardianship authorities will help you, here the juvenile police, here the crisis center, and here the police. In our country it is difficult to find help that would radically change the situation.

Problem number one: no one wants to take responsibility for domestic violence. The Ministry of Internal Affairs is now forced to do this - due to the fact that criminal and administrative responsibility are separated, the police distribute this responsibility between themselves and the courts. But there is no body entirely responsible for combating domestic violence.

If we had a Ministry for Family and Children Affairs, we could ask from this ministry what kind of legal, legal and social assistance and where can victims of violence get it? Then it would be possible to control the guardianship authorities, the police, schools, and courts. It would be possible to keep statistics, which we still do not have, then the work would be more efficient.

“But the Ministry of Internal Affairs carefully hides this statistics from us: how many people are registered for violence in Kazakhstan, how many dysfunctional families, how many women who do not go to the police because of beatings, but only to the hospital, how many children who suffer from that there is violence in their homes. Many teachers also see such children, know about their suffering, and even try to help them, involve them more in school life in order to distract them from problems at home - but this is a personal initiative of people, they do this regardless of the state program. Why not make it mandatory to keep records of families where everything is dysfunctional? But there is no comprehensive work here, there is no responsible person. There is no minister who would be responsible for this.

For now, everything is at the level of recommendations. There is a recommending body - the National Commission, and there is a recommending body - the Committee for the Protection of Children's Rights under the Ministry of Education. These bodies cannot entrust something to someone by order, and they do not have a budget from the state to act.

When is battery a crime?

were introduced to criminal legislation that came into force in July 2021 . In accordance with them, not all beatings are grounds for bringing the offender to criminal liability. Thus, the following acts will be considered grounds for punishment:

Battering loved ones: children, parents, spouse, brothers, sisters, grandchildren, as well as grandparents;
Beatings, the motive of which was hooliganism;
Beating due to religious and national hatred.

Other cases of beating serve as grounds for criminal punishment only when the offender has previously been subject to administrative punishment and has already committed a similar crime.

Read more about personal injury in this article.

Victim's rights

The rights of the victim are established in Art. 42 of the Code of Criminal Procedure, if we are talking about a crime that is punishable under the Criminal Code. He can bring charges, give evidence, petition, get acquainted with the case materials, if they do not constitute state secrets, participate independently or through a representative in all stages of the investigation or legal proceedings.

Any decisions must be communicated to the victim. This includes a decision to initiate a criminal case and a refusal to consider it and transfer the case to court, including information about the time and place of its consideration in court, as well as about the verdict adopted there.

In addition, in accordance with paragraph 4 of the above norm, the victim has the right to claim moral damage caused by the crime. This claim may be pursued as a civil action in criminal proceedings or in a separate trial.

All expenses incurred by the victim in connection with participation in the process, including the cost of a lawyer’s services, are also subject to compensation. According to the rules of paragraph 23 of the Resolution of the Plenum of the Supreme Court No. 17 of June 29, 2010, all damage is assessed at the price level existing at the time of the verdict, and is not subject to indexation.

The rights of a victim of a crime falling under the Code of Administrative Offenses are established in Art. 25.2 of this regulatory act. Briefly, they boil down to participation in the process of considering the case: giving evidence, familiarizing yourself with documents, formulating petitions.

Any case, both administrative and criminal, will be considered in court. Only this authority determines the extent of responsibility and assigns punishment.

How to draw up a petition to terminate a criminal case or refuse to initiate it

As previously stated, a separate application must be filed to terminate or refuse to initiate an open case. When writing it, you must follow the following rules:

the application is addressed to the head of the police department where the district police officer who receives it serves;
the description indicates the circumstances in connection with which, in the opinion of the victim, the case may be terminated or not initiated;
It is also imperative to indicate a link to specific articles of the Code of Criminal Procedure in connection with which such a development of events may occur.

Important! Thus, if a beating has been recorded that is classified as mild or moderate, the criminal case against the culprit may be terminated, but only when he does not have an active criminal record. Otherwise, if the beating and infliction of injuries led to more serious consequences, then returning the application is out of the question.