What an article for beating a man is contained in the Criminal Code of the Russian Federation? There is no unequivocal answer to this question. It all depends on a number of factors - severity bodily harm, the identity of the victim, the intentions and motives of the perpetrator, etc. This article will help to understand the qualifications of crimes involving the use of physical violence, and, possibly, to avoid an undeserved severe punishment.
Criminal liability for beating a person: general provisions
The Criminal Code contains many provisions that provide for liability for beating a person. The question of which of them to apply is decided individually, depending on the nature of the consequences and circumstances of the crime committed.
The main criterion for qualifying the actions of the perpetrator and, accordingly, determining the amount of punishment is the severity of the harm caused to the victim's health as a result of the beating, which is determined in the course of a forensic medical examination. There are several options:
- The bodily injuries caused by the beating did not cause, according to the conclusion of the forensic medical examination, any harm to health.
In this case, the perpetrator is threatened with prosecution under Article 116 of the Criminal Code of the Russian Federation (beatings), the punishment for which is relatively small and provides for imprisonment only in the presence of aggravating circumstances (hooligan motives, ideological or racial motives, etc.).
If the beatings were systematic, the perpetrator will be punished under Article 117 of the Criminal Code of the Russian Federation (torture). The sanction here is slightly higher - up to 7 years in prison. - Personal injuries are qualified by an expert as causing slight harm to health.
Article 115 of the Criminal Code of the Russian Federation (intentional infliction of minor harm to health), punishment - from a fine to 2 years in prison. - Harm to the victim's health is classified as moderate - Article 112 of the Criminal Code of the Russian Federation (intentional infliction of medium severity of harm to health).
Article for beating with such consequences, it provides for imprisonment for up to 5 years, but in the absence of aggravating circumstances, alternative measures are possible - a fine, forced labor or arrest. - The most severe punishment entails beating with infliction of grievous bodily harm - Article 111 of the Criminal Code of the Russian Federation (deliberate infliction of grievous bodily harm).
It will not work to get off with a fine - the legislator has established a sanction exclusively in the form of imprisonment for up to 15 years (there is no minimum threshold). True, the maximum punishment threatens only if the victim died from the injuries received.
Important: in contrast to murder, a mandatory feature of which is purposeful, that is, intentional deprivation of the life of another person, part 4 of Art. 111 of the Criminal Code of the Russian Federation provides for the infliction of bodily harm, which, against the will of the perpetrator (that is, through negligence), resulted in the death of the victim.
Beating of minors: article of the Criminal Code of the Russian Federation, punishment
There is no separate article for beating minors in the Criminal Code. However, in a number of norms providing for liability for physical violence, the young age of the victim is a qualifying feature (aggravating circumstance) that affects the amount of punishment.
Important: in accordance with Russian legislation, persons under the age of 14 are recognized as minors. Persons between the ages of 14 and 18 are considered minors.
So, depending on the consequences caused, criminal liability for beating of minors falls under the following articles:
- item "b" of part 2 of Art. 111 of the Criminal Code of the Russian Federation (imprisonment up to 10 years);
- item "in" part 2 of Art. 112 of the Criminal Code of the Russian Federation (imprisonment up to 5 years);
- item "g" of part 2 of Art. 117 of the Criminal Code of the Russian Federation (imprisonment from 3 to 7 years).
In addition, in accordance with Article 63 of the Criminal Code of the Russian Federation, the commission of any crime, including beating, against a minor by parents or other persons called upon to fulfill the duties of raising a child is unambiguously recognized as an aggravating circumstance and, accordingly, is significantly reflected on its size upwards.
Group beatings: article of the Criminal Code of the Russian Federation, punishment
A group crime is always punished more severely than a crime committed alone. Beating is no exception. Almost all of the above articles of the Criminal Code contain as a qualifying sign the infliction of bodily harm by a group of persons:
- item "a" of part 3 of Art. 111 of the Criminal Code of the Russian Federation (up to 12 years in prison);
- item "g" of part 2 of Art. 112 of the Criminal Code of the Russian Federation (up to 5 years in prison);
- item "e" of part 2 of Art. 117 of the Criminal Code of the Russian Federation (from 3 to 7 years in prison).
Important: a mandatory sign for prosecution for the listed items and parts of the articles is the presence of a preliminary conspiracy between the perpetrators. In the absence of such, the relevant items are excluded from the scope of the charge.
In this case, the punishment is imposed taking into account the aggravating circumstance provided for in paragraph "c" of part 1 of Article 63 of the Criminal Code of the Russian Federation, for the application of which the very fact of the commission of a crime by two or more persons is sufficient. The same provision applies to liability for species. beatings, articles of the Criminal Code for which they do not contain a group attribute.
Unfortunately, none of us is immune from violent acts that can cause mild or moderate harm to our health. The Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses of the Russian Federation) and the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) provide for a strict classification, both in determining the degree of harm to health and in the prescribed punishment. The gradation of responsibility accordingly assigns the committed act to either an administrative offense or a criminal offense. When qualifying an act, it is necessary to accurately determine its composition in order to correctly use the available legal remedies.
In our article, we suggest that you familiarize yourself with the definition of beatings and harm to health, as well as answer the key questions, what is the responsibility for beatings and where you should go for help if you are hurt.
What is beatings?
In general, the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation reduce the definition of beatings to the form of violent actions, expressed in the application of multiple blows of various strengths. The result of committing such illegal actions is the infliction of physical pain on the victim.
The subjective side of the act is expressed in guilty and deliberate actions, since it is impossible to inflict many blows through negligence. The composition of the act is material, that is, liability is provided for in the event of minor harm to health in the form of abrasions, bruises, hematomas, etc.
What is the article for beating?
The grounds for dividing responsibility into administrative (Art. 6.1.1. Of the Code of Administrative Offenses of the Russian Federation) and criminal (Art. 116 of the Criminal Code of the Russian Federation) are expressed in the degree of harm caused. By general rule the classic legal fact of beating belongs to the sphere of administrative law enforcement if:
- the offense was committed for the first time;
- not for hooligan motives or for a reason of various kinds hatred or enmity;
- does not entail health disorders.
Note! In the light of the latest legislative innovations, beatings to family and friends are also considered an administrative offense. The provisions on beatings against close relatives with a deciphering of the concept of close kinship were excluded from the Criminal Code of the Russian Federation, but an article was also added for repeated beatings if a person had already been brought to administrative responsibility (Article 116.1 of the Criminal Code of the Russian Federation).
Personal injury or battery - what's the difference?
For the correct classification of committed unlawful acts, it is necessary to distinguish between the concepts of beatings and harm to health. A distinctive characteristic of beatings is that they have the least adverse health consequences for the victim. The beatings are primarily aimed at humiliating human dignity and personality in general, and not so much at causing bodily harm. The purpose of causing harm, as a rule, is to restrict a person's ability to move, carry out labor activities and other daily activities.
Note! The subjective side of causing harm to health can be negligence. This type of act belongs to the sphere of criminal law, except for cases of slight or moderate severity in violation of the rules road traffic(Article 12.24 of the Code of Administrative Offenses of the Russian Federation).
Classification of beatings
As such, the current legislation does not contain a classification of beatings, since the degree of harm to health is classified. It should be understood that inflicting the same beatings in the form of multiple blows can form just the composition of a separate crime if it entails a slight, moderate or severe degree of harm to health.
Thus, when answering the question of what threatens for light beatings, one should refer to Art. 6.1.1. Administrative Code of the Russian Federation and Art. 115 of the Criminal Code of the Russian Federation.
The Code of Administrative Offenses of the Russian Federation shall be applied in the event of exclusively physical pain. The object of the offense is only personal (bodily) inviolability.
The qualifying features of the criminal norm are the short-term health disorders and / or persistent loss of general working capacity to an insignificant degree, the degree of guilt is intent. Aggravating circumstances are provided for by Part 2 of Art. 115 of the Criminal Code of the Russian Federation.
The punishment for beatings of moderate severity is provided for in the framework of Art. Art. 112., 113 of the Criminal Code of the Russian Federation. The average severity of the harm inflicted is already expressed by the duration of the health disorder and the persistent loss of general ability to work (less than ⅓). A crime can be committed both intentionally and in view of a difficult life situation (in a state of passion).
Cases of beatings by a group of persons should be noted separately. The qualification of the act will also take place on the basis of the degree of harm caused, but in accordance with Art. 63 of the Criminal Code of the Russian Federation, beating by a group of persons is an aggravating circumstance.
How to correctly record and prove beatings?
As a rule, after inflicting beatings, the victim summons a police squad, or is personally sent to law enforcement to draw up a statement against the offender and to find out what responsibility the offender will bear. The police give the victim a referral to undergo a medical examination to establish the fact and evidence base.
After being beaten, you can also:
- call an ambulance;
- go to the nearest medical aid department (including commercial).
Note! In case of self-application for medical help ask for a certificate of injury. It is advisable to record the received beatings within two days.
In some cases, when calling an ambulance, health workers have the right to independently report injuries to the police.
Where to go for help
For beating, causing harm of light, medium severity and serious harm to health in relation to the guilty person, punishment is provided. The guilt of a person is established in court on the basis of investigative measures carried out by authorized persons.
Criminal prosecution for beating is initiated in private, that is, at the request of the victim.
Thus, the algorithm of actions to protect one's own inviolability is reduced to an appeal to law enforcement agencies, and then to a court.
Let's summarize what was said:
- Responsibility for beatings (whatever they may be: mild or moderate) is provided for in each specific case in accordance with the Code of Administrative Offenses of the Russian Federation or the Criminal Code of the Russian Federation.
- Administrative punishment for beatings is provided only for a single case of violence performed without causing harm to health (including beatings inflicted on a close relative).
- Beatings within the framework of domestic violence, including acts of beatings of a child by parents, are punished in accordance with criminal law (Art. 116.1 of the Criminal Code of the Russian Federation) only if the act is repeated, if the perpetrator was previously subjected to administrative punishment (Art. 4.6. Code of Administrative Offenses of the Russian Federation) ...
- The beatings are recorded as part of a medical examination, both in the direction of law enforcement agencies and at the initiative of the victim.
- Protection of the rights of the victim is initiated upon his application to law enforcement agencies and is carried out within the framework of judicial review.
If you have any questions, seek the advice of our qualified specialists who will provide you with the timely assistance you need, both in drafting procedural documents and in developing a strategy for further actions within the framework of the current legislation.
ATTENTION! Due to the latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.
The Criminal Code of the Russian Federation contains many basic concepts that are often mentioned in various articles of the Criminal Code of the Russian Federation. Surely many people are familiar with such words as "theft", "large and especially large damage", "preliminary collusion" and so on. All these professional terms are used everywhere in the Criminal Code of the Russian Federation, and sometimes fall into the Civil Code and the Code of Administrative Offenses. In this article, we will take a closer look at the term personal injury.
What is Personal Injury?
According to the definitions given by the legislation of the Russian Federation, bodily injuries are those injuries that have caused harm to the physical health of the victim. At the same time, this concept is extremely broad - bodily injury is recognized as a bruise delivered by accident, as well as a deliberately inflicted severe injury that entailed disability or death.
How is bodily injury identified and recorded?
Remember one important thing - if you want to prove the fact of causing any bodily harm, then be sure to record them. The presence of an opinion will be mandatory for contacting the police, prosecutor's office and court. In this case, it is only necessary to fix the damage with doctors. It is impossible to independently describe the existing damage and draw up a medical conclusion, even if you are a certified doctor - a third party must conduct the examination.
Important
At the same time, it is not enough to fix the damage itself. You will also need to provide other evidence. For example, filming an attack from surveillance cameras, video recorders, and more. Also, do not hesitate to involve witnesses. To do this, you can always contact the police.
Types of bodily harm
All possible injuries fall into three broad categories: mild, moderate, and severe. Before giving a definition to each, we note an important fact - each bodily injury is unique in its own way, and only a qualified specialist can establish the severity. In this case, even the same damage can be regarded by two doctors in different categories.
- Light bodily injury. The most common category. Minor bodily injury refers to any minor or short-term damage to health. In practice, light bodily injury can mean bruising, bruising, contusions, and so on. Likewise, minor injuries include more serious injuries that "lasted" no more than seven days (that is, completely or largely healed in less than a week);
- Medium bodily injury. The broadest category, which essentially includes anything that is neither mild nor severe. This category often includes injuries that either affected the victim, but did not affect his health in general, as well as injuries that affected his health for a long time. In practice, bodily injury is almost any kind of injury: fractures, severe burns, stab and cut wounds that did not affect organs, and much more;
- Serious bodily injury. Not as extensive as the damage of moderate severity, but at the same time much more varied. Any damage that entails significant damage to the health and psyche of the victim is classified as serious bodily injury. Please note that grievous bodily harm most often leads to a deterioration in the victim's mental state, and therefore, even if the damage was not significant, but affected the victim's mental balance, the damage can be described as severe. In practice, serious damage is considered to be anything that has led to permanent consequences for the victim's health, disability or death: beatings, torture, severe beating, stab, cut or gunshot wounds, and much more.
Personal injury as an aggravating circumstance
Most often, causing any bodily harm is considered not as a separate crime, but as an aggravating circumstance. And sometimes it completely changes the article. Let's look at two examples.
- Extortion. Standard extortion does not imply harm to the victim's health. And the maximum punishment for him is 4 years and a fine of 80,000 rubles. However, if the extortion caused serious harm to health, then the term of imprisonment can grow up to fifteen years, and the fine - up to one million;
- Robbery. According to the Criminal Code of the Russian Federation, robbery is an open theft of property without causing physical harm. At the same time, theft falls under article 161 of the Criminal Code of the Russian Federation "Robbery", during which minor injuries were inflicted on health. However, if violence was used during the robbery, which entailed the infliction of moderate or serious harm, then the corpus delicti will change, and the robbery will "develop" into a robbery.
These two examples clearly show how inflicting even minor harm to health can significantly affect the punishment for a crime.
Bodily injury as a separate article of the Criminal Code of the Russian Federation
The section responsible for causing harm to health occupies a special place in the Criminal Code of the Russian Federation. The sixteenth chapter is completely devoted to it, containing twenty different articles. In addition to these articles, harm to health is often mentioned in other articles. At the same time, when they talk about harm to health, they most often mean three articles: 111, 112 and 115. This is the infliction of serious, medium and light harm to health, respectively. Let's dwell on them in more detail.
Light bodily harm
In this article of the Criminal Code of the Russian Federation under number 115, only minor and minor bodily injuries are considered, which did not entail too serious consequences. This is a very short article with only two parts.
In the first part of Art. 115 of the Criminal Code of the Russian Federation considers infliction of light bodily harm without any aggravating circumstances or features. The punishment can be:
- Fine up to 40,000 rubles;
- Compulsory work for 480 hours;
- 1 year of correctional labor;
- Arrest for 4 months.
In the second part of Art. 115 of the Criminal Code of the Russian Federation considers infliction of light bodily harm with various aggravating circumstances. This list includes:
- Infliction of light bodily harm for hooligan purposes;
- Infliction of light bodily harm for political, religious or other similar reasons;
- Inflicting light bodily harm by using any weapon;
The punishment for the second part is much more severe:
- 1 year of correctional labor;
- 2 years of restriction of freedom;
- 2 years of forced labor;
- 6 months of arrest;
- Imprisonment for two years.
Infliction of medium bodily harm
The legislation of the Russian Federation provides for a separate article responsible for the deliberate infliction of moderate bodily harm. She wears the number 111 and is divided into two parts.
In the first part of Art. 111 of the Criminal Code of the Russian Federation considers the process of deliberate infliction of bodily harm of moderate severity without any aggravating circumstances. This is a very serious offense and the penalty should be appropriate:
- 3 years of restriction of freedom;
- 3 years of forced labor;
- Arrest for 6 months;
- 3 years in prison.
The second part of Article 111 of the Criminal Code of the Russian Federation is much more extensive. She considers the following circumstances:
- There are two or more victims;
- The victim is a minor;
- The damage was caused by a group of people;
- The harm was caused by hooligan motives;
- The offender used his official position;
- When causing harm to health, weapons were used;
- The harm was caused on the basis of religious, ethnic or other hostility.
Info
In any case, the punishment for the crime provided for in the second part of this article is the same for all points - imprisonment for up to five years.
Infliction of grievous bodily harm
One of the most serious and serious types of crimes associated with causing damage to someone else's health is deliberate infliction of serious bodily harm. For this type of crime, the Criminal Code of the Russian Federation provides for a separate article under number 111. It is quite extensive and contains four parts.
The first part of Article 111 of the Criminal Code of the Russian Federation deals with the deliberate infliction of grievous bodily harm without any peculiarities or circumstances. The punishment is also only one - imprisonment for up to eight years.
In the second part of Art. 111 of the Criminal Code of the Russian Federation, several circumstances of causing serious bodily harm are considered at once. It:
- Causing harm in a socially dangerous way;
- Causing harm by an official;
- Causing harm by a hired person;
- Infliction of injuries from hooligan motives;
- Infliction of bodily harm on racial, religious, political or ethnic grounds;
- Harm for the purpose of removing and using organs;
- Inflicting bodily harm with a weapon;
- Damage to the health of a minor;
The punishment, again, is provided for only one - imprisonment for ten years with its subsequent restriction.
In the third part of Art. 111 of the Criminal Code of the Russian Federation considers the above-described crimes committed by a group of persons in a preliminary conspiracy. Also, the third part of this article applies if there are several victims. The punishment is imprisonment for up to fifteen years with subsequent restrictions.
The last, fourth part, examines the damage to health resulting in death. If, as a result of the injuries inflicted by the attacker, the victim has died, then the punishment may be imprisonment for fifteen years.
Criminal lawyer. Experience in this area since 2006.
In Art. 116 of the Criminal Code of the Russian Federation provides for liability for beating a person or other violent actions. And article 115 of the Criminal Code of the Russian Federation establishes criminal liability for light application harm to health. Despite the similarity of the disposition of these articles, they have significant differences in consequences, which must be clearly delineated when sentencing the guilty person.
What is beatings
Based on Art. 116 of the Criminal Code of the Russian Federation, beatings mean deliberately inflicted blows on certain parts of the body that cause physical pain and / or are expressed in superficial injuries. In medical criteria for determining the severity of harm, superficial injuries are understood as such injuries:
- contusion of soft tissues;
- bruising;
- abrasions;
- hematomas;
- superficial wounds;
- other injuries that are not associated with a short-term health disorder, did not lead to disability and cannot be considered as injuries that led to the disability of a citizen.
As for slaps, pushing, slaps in the face, if they were not committed with the use of significant physical force, if these actions do not cause severe physical pain and after that there is no damage left on the victim's body, criminal liability for such actions does not arise.
Article 116 of the Criminal Code of the Russian Federation also mentions such a concept as "other violent actions", such acts are understood as:
- squeezing various parts of the body;
- twisting or wringing of hands;
- pinching or pinching of the skin;
- bites, hair pulling, tying.
However, all of the above illegal actions must cause physical pain to the victim, otherwise it cannot be qualified under Art. 116 of the Criminal Code of the Russian Federation. As practice shows, beatings are the most common way of committing violent acts. However, according to Article 116 of the Criminal Code of the Russian Federation, responsibility will arise not only for beatings, but also for causing unlawful acts committed in any way. The main criterion for incriminating this article is causing physical pain, but the absence of consequences in the form of disability or short-term health disorders, which is provided for in Article 115 of the Criminal Code.
Part of Article 116 provides for liability for committing similar acts for hooligan motives or for reasons of racial, political, ideological, national hatred. The assessment of the actions of the guilty person is determined by the court on the basis of all the circumstances of the case, and only after that it is possible to speak about the proof or lack of proof of the fact of causing physical pain and the presence of intent on the part of the convicted person.
Light harm to health
Causing minor harm to health is a criminal offense, which is specified in Art. 115 of the Criminal Code of the Russian Federation. The objective side of the crime is that the victim is slightly harmed, which is expressed in a short-term health disorder and a slight persistent loss of general ability to work. On the basis of medical criteria, mild harm may include:
- temporary dysfunction of systems or functions of organs, not exceeding three weeks from the moment of injury;
- insignificant persistent loss of general working capacity by no more than 10%.
Differences between beatings and slight harm to health
Difference Art. 115 and 116 of the Criminal Code of the Russian Federation consists in the consequences of causing harm. If the victim felt only physical pain, but the consequences in the form of a short-term health disorder or a slight loss of general working capacity did not occur, then the actions of the offender must be qualified under Art. 116 of the Criminal Code of the Russian Federation. But if the infliction of the same beatings led to the person being hospitalized for up to 3 weeks, this means that consequences such as a short-term health disorder have occurred.
Also, the differences between the two articles of the Criminal Code are in the measure of punishment, however, in this regard, the differences are not significant. And in Article 115, in Article 116 of the Criminal Code of the Russian Federation, a fine is established in the amount of up to 40 thousand rubles or the collection of a citizen's income for a period of up to 3 months. But if the guilty citizen is sentenced to correctional labor, then under Art. 116, the maximum duration of hours of compulsory work is up to 360 hours, according to Article 115 - up to 480 hours. Correctional labor for beatings - up to six months, for minor injuries - up to 1 year. The most severe punishment under these articles - arrest also has a difference - can be sentenced to up to 3 months of arrest for beatings, and up to 4 months under Article 115.
