What punishment does a husband face for beating his wife? Prosecution for domestic battery

There are many anecdotes about family scandals. Films are made and books are written about the feuds between husband and wife. It would seem that no matter how old the history of mankind is, there is so much violence against close relatives.

However, it becomes not funny at all when such trouble actually comes to the house. And verbal scandals are one thing, and physical violence is another. If a husband beats his wife, this can negatively affect not only her health, but also cause death.

What threatens such a spouse under Ukrainian laws? Fine or imprisonment? How to punish him and can a wife write a statement and imprison her husband? And if so, how much do they give for beating?

Article for beating a wife by her husband and criminal liability for beatings

Domestic violence, along with street crimes, is considered one of the most common.
The most common cases of violence at home are between spouses. They exceed rates compared to violence between other family members. Physical violence emanating from a husband towards his wife is always humiliating, and the legislation has provided for various forms of punishment for such acts, depending on the circumstances of the incident.

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Unfortunately, in our country, many women are beaten by their husbands; statistics show that every third woman has ever experienced her husband’s aggression in the form of beatings. The woman is trying to take action after such incidents. Actions are mainly divided into:

• many wives tend to show patience and perceive the situation as commonplace;
• fewer women have the desire to re-educate and direct their husbands to the path of love and mutual understanding;
• leaving the family is, unfortunately, a forced measure for the majority of those who have been beaten; women come to this path on the verge of despair;
• punishment of the husband during the trial.

After a complete assault, a woman may be concerned about the question of how to properly punish her husband and how to recognize beatings in his actions? To do this, you need to understand what the Criminal Code of the Russian Federation says about this kind of crime. According to the Criminal Code of the Russian Federation, beatings are characterized by the infliction of numerous blows.

REFERENCE! In addition, such actions include other violent methods that cause pain. Such actions are directed against people's health and lives, and therefore must be punished.

The legislation provides for punishment for any attack on a person’s life, but in each specific case it will be based on different legislative norms depending on the circumstances of the incident and the consequences. Some of the most common attacks on human health are:

• slight harm to health;
• beatings;
• torturous acts.

Have you already heard about decriminalization? This is when responsibility for beatings in the family will no longer be criminal, but will be administrative. Just like that. But it has its own characteristics.

What punishment or fine does an ex-husband face for beating and assaulting his wife? Is there criminal liability? The punishment for damage to health will depend on the severity of the damage to health, which is determined by a forensic medical examination, on the basis of which this or that article of the Criminal Code will be applied. Such cases are regulated by the following articles:

• 111 of the Criminal Code of the Russian Federation - causing grievous harm to human health; punishment for such a crime can be restriction of freedom for up to eight years. Read more about the definition of grievous bodily harm and liability for causing it here.
• 112 of the Criminal Code of the Russian Federation - intentional harm to health of moderate severity. This guilt must be proven through examination and psychological examination. This article provides for up to three years in prison.
• 116 of the Criminal Code of the Russian Federation - beatings. Depending on the severity of the crime and the nature of the injuries caused, the prison term will depend. The commission of such a crime usually requires up to three months of arrest. Article 116 of the Criminal Code of the Russian Federation. BeatingsBeatings or other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, committed out of hooligan motives, as well as for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in in relation to any social group, is 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 freedom 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 up to two years.

For crimes of varying severity, the law provides for the following liability:

1. If the victim of violence suffered short-term harm to health, then the offender is punished with a fine of up to forty thousand rubles. Based on the circumstances of the incident, the court may impose correctional labor for 480 hours, for a period of one year, or arrest for four months (Article 115 of the Criminal Code of the Russian Federation).
2. Beatings that did not cause significant harm to health, but still occurred, are punishable by a fine of forty thousand rubles, correctional labor for six months, or arrest for three months, according to Article 116 of the Criminal Code of the Russian Federation.
3. Battery that occurs on a systematic basis can be punished by imprisonment for up to three years (Article 117 of the Criminal Code of the Russian Federation).
4. Beatings resulting in loss of vision, hearing and other vital functions of the body are punishable by restriction of freedom for up to five years.

ATTENTION! After conducting the investigation procedure, the investigator is obliged to send the case materials to the court; if we are talking about beatings without causing grievous harm to the woman, the case will be sent to the magistrate for consideration.

If the husband first raised his hand against his wife, but after the crime he apologized and tried to resolve the conflict, he will be allowed to avoid punishment.

If a repeated beating occurs, punishment cannot be avoided. Sometimes out-of-the-ordinary cases occur when a man raises his hand to his pregnant wife; if such an incident occurs, it is necessary to contact the police and undergo a forensic examination, which will subsequently reveal the extent of the injuries inflicted.

Subsequently, the case will be considered depending on the nature of the injuries and the severity of the crime.

In order to prove a crime against the wife’s health, she needs to seek medical help immediately after the incident. If the victim did not seek help in the first hours after the crime, and someone from the eyewitnesses called the police, you need to demand that the local police station call an ambulance.

After the incident, the woman will have to write a statement in writing. There she will need to outline the whole essence of the family drama.

The interrogator or investigator on duty will give the woman a referral to the institution where the forensic medical examination will be carried out.

While at the police station, it is important to make sure that the written statement was accepted and registered in the KUSP (book for recording crimes committed).

The next day after the incident, the victim of the beating will show characteristic bruises and redness in the area of ​​the blows. You need to not miss this period of time and see medical specialists on time.

For a wife beaten without witnesses, a forensic medical examination will be required.

ATTENTION! If a woman decides to undergo an examination and record the beatings six or seven days after the blows were struck, then there will be nothing to record, because the abrasions and wounds will almost disappear by this time.

Another option is for the victim of beating to contact the local therapist at his place of residence; by law, these workers must report the incident to the police. The district police officer, in turn, will create a report and record the call, and after a while he will come to the house where the incident occurred.

Every year more and more women in our country are beaten by their husbands. Previously, in the Criminal Code of the Russian Federation, Article 116 for beating a wife provided for punishment for the husband, but due to amendments in 2021, this legal norm no longer includes domestic violence.

Such changes do not at all mean that there is no criminal liability for beating a wife; now the punishment will depend on the degree of physical damage caused.

READ MORE: How is a medical examination carried out at the military registration and enlistment office, what they do and check there

In simple terms, now the article for beating a wife will be applied depending on the motives for causing bodily harm.

Before deciding which article for beating your wife will be applied, you must first become familiar with the very concept of beating.

In accordance with the provisions of the Criminal Code, beatings mean systematic beatings, which in the future did not lead to short-term loss of ability to work and serious health problems.

Pinching, squeezing of body parts, as well as torn out clumps of hair and other physical impacts that leave marks themselves also fall under the category of beatings.

Article 116 of the Criminal Code of the Russian Federation defines beating of a wife by a husband as an intentional act; accordingly, a person is aware of it and must be held accountable for it. The Criminal Code, as mentioned above, determines punishment depending on the severity of the damage caused. In total, the legislator defines three degrees of severity of beatings:

• Mild - the severity level implies minor injuries, such as bruises, bruises, abrasions, hematomas, that is, injuries that cannot cause serious harm to the body. Minor injuries are injuries that require no more than 21 days to heal and a disability rate that does not exceed 10%.
• Medium - the level of damage implies a loss of working capacity of 10 - 30%, while physical injuries do not pose a significant threat to human life, but it will take more than 21 days for the body to recover. These injuries include concussions, fractures, and knife cuts.
• Severe – a type of injury that poses a serious danger to human health and life. Such injuries imply long-term or complete loss of ability to work. The list of injuries includes injuries for which the body needs more than 120 days to recover. For example, spinal fractures, ruptures of large blood vessels, loss of sensitivity, rupture of internal organs, coma, as well as injuries due to which a person loses the ability to think, speak, or the ability to be generally understood by other members of society.

What is considered beating and legislative measures to combat it

Russian laws do not provide for significant differences between domestic violence and violence in general, directed at third parties. Thus, marital status does not mitigate or minimize punishment.

Beating is a multifaceted, flexible concept. Therefore, the Ministry of Health of the Russian Federation usually divides the physical harm caused into the following categories:

• beatings;
• mild, moderate and severe harm to health.

The Criminal Code of the Russian Federation provides for special sanctions for beating (especially if it is torture - regular infliction of harm, that is, beating occurs two or more times over the course of one calendar year) or infliction of any physical injury. This also includes psychological violence.

So, depending on the physical damage caused, different codes will be used, and, therefore, different responsibilities and classifications of violation of the law will be used: for a one-time case of beating, the husband faces administrative punishment, for frequent precedents - up to 3 years of imprisonment. If within one year the husband has already been brought to the police for causing physical harm, then repeated liability for this will already be criminal.

Removing beatings

In order to initiate a case, documentary evidence of the beating is required. A medical certificate can be obtained from the following institutions:

1. ITU Bureau (paid);
2. emergency room.

At the medical and social examination bureau, you will receive a document, which will then become one of your “trump cards” in court. It will be described what damage was caused to your health, what happened to you, the number and nature of injuries.

The degree of probability that you inflicted them on yourself will also be indicated (you never know, what if you want to imprison an innocent person).

If the procedure takes place in an emergency room, then you will not receive a document in your hands. The doctor will draw up a report, determine the extent of the damage you have suffered and the likelihood of self-harm, and then transfer it directly to the hands of law enforcement officers.

You won’t need to clarify anything, everything will be done for you. It is better not to try to fool doctors with tales about an accidental fall from the stairs - the picture will become clear to experts immediately, and they will not hide it from the police.

There is no official time frame for the removal of the beatings. But experts say it's best to do this within one to two days after the incident.

The certificate must bear the personal seal and signature of the doctor (with a transcript) and the seal of the institution itself.

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Nothing can justify aggression towards a pregnant woman. That is why such individuals cannot be pitied or forgiven. Beating a pregnant wife must be punished. In such a situation, a woman should protect herself and her unborn baby as soon as possible. What to do:

1. Hide from the aggressor. Often this is not as simple as it seems, especially since these types of individuals have a tendency to persecute. Therefore, it is necessary to enlist the help of friends and relatives.
2. Pass a medical examination. This should not be delayed, since it is the certificate of assault that is the most reliable evidence.
3. Apply to the court.

The further decision will be made by the judge, and the punishment is assigned depending on the severity and damage caused to the spouse and unborn child.

Punishment for people who commit violence against children

Have you already heard about

decriminalization

? This is when responsibility for beatings in the family will no longer be criminal, but will be administrative. Just like that. But it has its own characteristics.

If my husband beat me, what to do: step-by-step action plan

Domestic violence is classified into two types:

• psychological (moral humiliation and bullying). This category also includes economic violence as a more veiled method of suppressing and controlling a spouse;
• physical (causing bodily harm).

Unfortunately, the offender can only be punished for physical violence.

The former are committed to preserving the family in accordance with state policy, so social workers are more likely to help find ways of reconciliation with their spouse. Such organizations protect families and children. Protecting women from domestic tyranny is not a priority.

Private social services have moved further in this regard. Many women who have already experienced beatings from their spouses even work in such organizations. Emotional support from such employees is irreplaceable. In private social centers you can find not only help from psychologists, but also tips on what to do next.

Some even provide temporary shelter for frightened women with nowhere to go. If your wife is beaten by your husband, then first of all you need to call an ambulance.

When the spouse is able to get to the hospital on her own and does not want to advertise the details of the family drama to the neighbors, you still need to go to the hospital. The beating must be officially recorded within three days. The medical certificate lists all injuries received after the beating.

Here they also indicate the degree of probability that the victim self-inflicted injuries. This nuance is necessary for cases when a woman is trying to denigrate an innocent person. If the victim does not have this document in her hands, she will not be able to subsequently prove that the beating actually took place.

It is advisable to photograph bruises and abrasions yourself. Then you need to contact the police. The application is written in two copies. One remains in the hands of the victim, and she gives the second to a law enforcement representative.

The request will be checked, which can lead to three scenarios:

• criminal proceedings;
• refusal to initiate criminal proceedings;
• issuing a warning to the spouse and registering him.

In any case, you need to contact. Even if this does not have any serious consequences for the spouse, if you make a second complaint, the police will definitely pay attention to the previous statements.

In case of particularly serious injuries, a woman can go directly to court, bypassing the police. In order for the judge to rule in favor of the victim, she must present a certificate of medical examination and other evidence that it was her husband who inflicted the beating.

It is advisable that witnesses be called who can confirm the fact of bodily harm or characterize the accused. Although married couples try not to air dirty laundry in public, neighbors often notice little things that can later become a powerful argument on the scales of Themis in favor of one of the parties.

Stormy quarrels, drunken brawls, screams, crying of the victim, threats - this is the same “awl” that is difficult to hide in a bag.

Only a moral monster who has lost everything human can raise his hand against a pregnant woman. But, unfortunately, such cases also occur. If this happens, you should protect yourself and your unborn child as quickly as possible.

Urgently needed:

1. first, hide from your husband,
2. secondly, take care of obtaining a medical examination
3. bring the case to court as quickly as possible.

READ MORE: Guidelines for maintaining military records in organizations

The court will make a decision based on the harm caused to the woman’s health and whether the beatings affected the condition of the unborn baby.

Where does domestic violence come from?

Women should understand that domestic violence does not happen in a vacuum. The once caring and loving head of the family will not turn into a tyrant overnight. All these actions have prerequisites.

The problem is often that a woman in love often does not notice the “alarm bells” or believes that the man can be re-educated. However, this is not at all true and it is almost impossible to rein in a domestic tyrant and call him to order.

Factors of domestic violence

Understanding the reasons for the emergence of such a concept as domestic violence, psychologists have identified several types of male aggressors:

1. The so-called pit bulls. These are those who do not immediately show cruelty. Negative emotions accumulate gradually and are suppressed for a long time. One reproach, then another, then a small quarrel that turns into a huge scandal. At some point, a click occurs in the pit bull’s head and he breaks down. Life in such a family is not easy for the weaker sex. A woman has to constantly monitor her words, even her gestures or glances, trying not to provoke her husband. However, he will still find something to complain about.
2. The second type is the cobra aggressor. In this case, the situation is much more complicated and dangerous. In order for violence to manifest itself, it often does not even need reasons or scandals. A man simply attacks his wife or girlfriend at some point. At the same time, after the deed, the person does not experience any pangs of conscience or repentance.

Why does domestic violence happen? Often the stronger sex shows aggression due to the feeling of power that arises in such moments. All this is due to complexes and lack of self-confidence.

The stronger sex is designed in such a way that it needs to constantly assert itself. However, very often the chosen methods are incorrect and cause a lot of harm to the people around them.

The reasons may include the following:

1. Painful past. All psychological traumas come from childhood. The father was just as tyrant and beat his wife and child or humiliated them. Parents did not pay due attention to the child; they perceived him not as an individual, but only as a burden. There are quite a lot of reasons.
2. Excessive spoiling and permissiveness. This is the sin of many families where only one child grows up. You can get away with pranks, any whim is fulfilled in the blink of an eye. In such a case, a man gets used to being the center of attention and demands the same from his wife, and when she does not obey, he begins to beat.
3. Alcoholism. This is a separate reason, because an addiction can drive even the most gentle and caring spouse crazy. Such situations are the most dangerous, since a husband in a state of alcoholic intoxication can cause irreversible injuries and injuries to a woman.

Read also: Alimony from a military man

How to punish a husband who beat his wife?

The main questions that concern a woman who has been subjected to violence are how to punish her husband for assault, what responsibility exists for the harm caused to her?

Let's first consider what needs to be done to bring a tyrant husband to justice for beating the wife.

Important! You must document the injuries. This must be done no later than 3 days from the time the act was committed. Also make sure that the documentation compiled at the emergency room indicates all the blows caused.

1. take photographs of the beatings;
2. report the beating to your loved ones and friends, tell them what happened;
3. call an ambulance or go to the emergency room for a medical examination;
4. in the hospital, doctors will report the beatings to law enforcement agencies, and then you will be interviewed by a police officer;
5. If the police officer does not refer you for a medical examination, request a referral and contact an expert.

Important! Battery is the infliction of numerous blows or other violent actions that cause physical pain. All these acts directed against human health and his life are illegal and subject to liability under Chapter 16 of the Criminal Code of the Russian Federation.

How to prove it?

After the incident, the woman will have to write a statement in writing. There she will need to outline the whole essence of the family drama. The interrogator or investigator on duty will give the woman a referral to the institution where the forensic medical examination will be carried out. While at the police station, it is important to make sure that the written statement was accepted and registered in the KUSP (book for recording crimes committed).

After this, she must be given a notification coupon, which she will keep with her. Experts also recommend making a copy of the application for informational evidence in the future. The next day after the incident, the victim of the beating will show characteristic bruises and redness in the area of ​​the blows.

How to find and attract witnesses?

As the proverb says: “You can’t hide an awl in a bag.” Therefore, all family squabbles become the subject of discussion among neighbors, relatives, and co-workers at work. Naturally, a humiliated and insulted woman evokes the sympathy of those around her.

If a woman has decided to protect herself from her bully husband, most likely she will not have a problem finding support among eyewitnesses of fights and scandals. Even if all this happens behind closed apartment doors.

Interview as many neighbors and acquaintances as possible who saw or heard the beating. Involve relatives and colleagues who are also aware of the situation.

The more people who are not afraid to testify against the brawler, the more chances a woman has to escape from the hands of the tyrant and punish him.

When a spouse beats you, witness testimony is important. It is usually not difficult to find eyewitnesses of a wife being beaten by her husband. The main category of witnesses are neighbors. They hear swearing, screaming, and sometimes even try to stand up for the humiliated woman, so their testimony is important to prove the man’s guilt.

Witnesses may also include colleagues and close relatives. The latter, as a rule, know about all the problems in the family, it is even possible that the beating took place before their eyes.

A minor citizen over 10 years old can act as a witness if his testimony is significant for investigators. However, it is possible to involve him in the case only with the permission of a child psychologist, since such processes negatively affect the child’s psyche.

Actions if aggression is directed towards a pregnant spouse

Depending on the severity of the injuries, the spouse may be held liable under the following articles:

• death threat (Article 119);
• torture (v. 117);
• beatings (Article 118);
• causing intentional light, medium or severe harm (Articles 111, 112, 115).

How exactly the man’s actions will be qualified will be decided by the court. For example, torture (systematic beatings) is punished more seriously than a single case of beating. Threats to kill and causing grievous bodily harm are among the most serious crimes on this list.

From a legal point of view, cases in which a husband beats his wife are classified as criminal. These actions are considered in the following articles of the Criminal Code of the Russian Federation:

• 111, 112 and 115 – Infliction of grave, moderate and minor harm to health, respectively;
• 116 – Beatings;
• 117 – Torture.

Article 115 of the Criminal Code of the Russian Federation specifies the unlawful actions of a husband against his wife, during which slight harm to her health was caused. For example, your health deteriorated for a while and minor bodily injuries occurred. Articles 111 and 112 specify unlawful actions of a person that resulted in grave or moderate harm to the health of another person.

The article on battery (116 of the Criminal Code of the Russian Federation) covers any bodily injury, including bruises, scratches, abrasions, which were received as a result of several blows. Sometimes there are no external signs of beating, but the woman experiences pain when pressing on those parts of the body where the blows were applied. Such cases are also recorded by a doctor. Hair pulling, slapping, strangulation - all these actions of the husband are also considered under Article 116.

Article 117 of the Criminal Code of the Russian Federation covers especially severe cases when beating by a husband occurs regularly at short intervals. The results of physical violence must be documented - medical certificates, doctors' opinions, written complaints against the husband.

READ IN DETAIL: What should a wife do if her husband beats her?

Which article the husband’s actions will fall under in a particular case depends on several factors:

• the gravity of the crime committed;
• systematic physical violence;
• availability of evidence;
• availability of testimony.

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What threatens a domestic tyrant?

Current legislation provides for several types of punishment, depending on the degree of guilt. The following measures can be taken against a domestic tyrant:

1. According to Articles 111, 112, 115 of the Criminal Code - causing intentional, light, medium or severe harm to health.
2. According to Article 117 of the Criminal Code of the Russian Federation - torture.
3. Under Article 118 of the Criminal Code - beatings.
4. Under Article 119 of the Criminal Code - threat of murder.

Read also: Maternity capital in 2021

Administrative punishment is also possible.

Article 111 of the Criminal Code of the Russian Federation “Intentional infliction of grievous bodily harm”

Article 112 of the Criminal Code of the Russian Federation “Intentional infliction of moderate harm to health”

Article 115 of the Criminal Code of the Russian Federation “Intentional infliction of minor harm to health”

Article 117 of the Criminal Code of the Russian Federation “Torture”

Article 118 of the Criminal Code of the Russian Federation “Causing grievous harm to health through negligence”

Article 119 of the Criminal Code of the Russian Federation “Threat of murder or infliction of grievous bodily harm”

Administrative punishment

The imposition of an administrative penalty under the Code of Administrative Offenses of the Russian Federation is possible when the victim appeals to the court.
The decision is made by a magistrate. In this case, the application is submitted by police officers, of course, provided that the victim contacts them. In this case, the presence of both parties at the court hearing is mandatory. What punishment does a domestic tyrant face in this case:

1. Assignment of compulsory work up to 120 hours.
2. Arrest up to 15 days.
3. A fine in the amount of 5 to 30 thousand rubles.

Penalties go to the state treasury. In this case, the spouse does not receive any financial compensation. If it is necessary to compensate for material damage caused by the other party, a separate application to the court will be required.

Criminal punishment under Art. 116.1 of the Criminal Code of the Russian Federation

Criminal punishment, in most cases, occurs when a person is re-indicted. Also, a criminal article is threatened if the damage caused cannot be classified as light.

If charged under Article 116.1 (beatings), the culprit faces:

1. Imposition of a fine in the amount of 40 thousand rubles.
2. Sanction in the amount of 3 months' earnings.
3. Assignment of compulsory work up to 240 hours.
4. Assignment of correctional labor for up to 6 months.
5. Arrest for up to 3 months.

Article 116.1 of the Criminal Code of the Russian Federation “Battery by a person subject to administrative punishment”

Other articles under which a man can be attracted

Other articles of the Criminal Code may also be applied to the aggressor husband. In this case, it all depends on the motives and the degree of damage caused. What elements of crime can be applied:

1. Article 117 - torture, is applied in cases where violence and psychological pressure are systematic. Such actions may well lead to the appointment of a very real sentence, including serving in a colony.
2. Article 115 – Causing minor harm to health. In this case, a fine or compulsory labor is most often imposed.
3. Article 112 – Causing harm of moderate severity. A fracture can cost a spouse 3 years in prison.
4. Article 111 – Causing grievous harm. In this case, the punishment is more significant. Such actions can lead to imprisonment for 8 years.
5. Article 118 – Causing harm by negligence has a more lenient punishment – ​​only 6 months of arrest.

There are also situations when harm is caused in a state of passion or alcohol intoxication. Very often, such cases ended very sadly, namely the death of the wife. The punishment is appropriate.

During the divorce process

The period of time allotted for divorce proceedings between spouses is one of the most difficult from a psychological point of view. A woman can experience her husband's anger on herself for any of the reasons: it could be failure at work or anger for filing for divorce.

IMPORTANT! Unfortunately, police officers have internal instructions not to interfere in family quarrels that occur during the divorce period.

But in this case, what can a wife do when she is fleeing from a husband who raises his hand? You need to leave him and not meet until the end of the joint divorce activities. There are circumstances in which an ex-husband and wife have to intersect in life. For example, if after a divorce the former spouses live in the same apartment and the husband’s fists are used, then the case will be considered to the fullest extent of the law.

Helplines for social and psychological assistance to families and children in Moscow:

205-05-50 (free, 24 hours a day).

Trial

A woman has the right not to contact law enforcement agencies. You can immediately file an application with the court or the local prosecutor's office, everything will depend on the severity of the crime committed. So, the application has been filed, and the injured party must await the date of summons to court. The prosecutor, the injured party with or without his lawyer and, of course, the accused person - the husband, whose interests are also defended by a lawyer, lawyer or relative, take part in the court hearing.

The prosecutor will act on the side of the victim if she herself is not able to tell about what happened. In other cases, she is obliged to independently defend her point of view and rights, and her lawyer can help her (this norm is fixed in Article 318 of the Code of Criminal Procedure). The court will take into account self-defense on the part of the spouse, which should not be exceeded.

READ MORE: Is it possible to fire an employee under an article for lack of trust?

Even if the husband commits actions that cause pain with some frequency, for example, while drinking alcohol, and the wife injures him one day, she can subsequently also answer according to the law, for example, go to prison or pay alimony to her husband to maintain her health.

IMPORTANT! The court, based on the circumstances of the case and not finding significant evidence of the guilt of the accused, may decide to refuse to consider the case if there is not enough evidence or witnesses in the case.

A decision on reimbursement of expenses can only be made by a court decision. If the legal costs have been documented, then the court takes this into account and may order joint payment by the defendant and the injured party. This norm is enshrined in Article 98 of the Code of Civil Procedure of the Russian Federation. The termination of the proceedings may be due to the reconciliation of the two parties or the issuance of a court decision.

By the way, if you decide to withdraw your application, we warn you right away that you cannot do this. But you can cancel it. We wrote more about this in

this material

.

Procedure for a wife beaten by her husband

If a woman is beaten by her husband, she will have to contact several government authorities:

• to the police;
• to a medical institution;
• to court.

It is necessary to understand that in our country, a showdown between spouses, during which she received a slap in the face, is not a reason for active action by law enforcement agencies. In order for them to act against a current or former spouse, it is necessary to provide evidence of beatings.

The procedure for dealing with a tyrant husband in case of domestic violence is as follows:

1. Immediately after the beating, go to the emergency room at your place of residence. Doctors will record the beatings and issue a corresponding certificate.
2. With the certificate received, go to the police and write a statement against your husband. It is written in duplicate, and the beaten woman is given a notification ticket.
3. If necessary, involve witnesses. Their testimony is a good evidence base.

After this, it is up to the police to act. First, they will check the veracity of the information provided in the application. Based on the inspection, either a criminal case will be initiated or the applicant will be rejected. If the criminal case is denied, the husband will be given a warning.

After an incident of domestic violence, the victim needs to gain strength, enlist the support of loved ones and initiate a procedure to confront the domestic tyrant. You can stop your husband’s lawlessness only by contacting law enforcement agencies.

The procedure will be as follows:

1. After a “family drama,” a battered woman goes to the emergency room,
2. undergoing examination,
3. receives a certificate of beatings,
4. then he goes to the police station and writes a statement in two copies - one of them, as well as the notification ticket, remains in the hands of the victim.

Statement to the police

The police will act next. How?

• They will conduct an inspection and make a decision to either initiate a criminal case,
• or refusal to initiate,
• in the latter case, the husband will be given an official warning and registered.

It is important to know that a woman should take this step, since all statements recorded at the police station will subsequently become evidence in court if it comes to that.

Go to court

A woman has the right, bypassing proceedings with the police, to file a complaint with the court or the prosecutor's office, depending on the severity of the incident.

The prosecutor will only act on the side of the victim if there is obvious helplessness. Otherwise, you will have to defend yourself yourself or with the help of a lawyer (Article 318 of the Code of Criminal Procedure).

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.

Where to go if your husband beat you?

Something terrible happened. The husband, in anger or drunken stupor, not only raised his hand against his wife, but beat her, humiliated her, and almost killed her. Where to look for help, where to rush for support?

As soon as the fight begins, you should immediately escape from the clutches of your distraught husband, try to leave the apartment, knock on the neighbors’ doors, and ask them to call the police. Because the victim herself is unlikely to be able to call.

If a wife is going to stop domestic violence once and for all, she will have to go through certain levels of the judicial and legal system:

• police;
• a doctor to examine the beatings;
• advocate;
• court.

Why is this so? The fact is that if your husband slapped you in the face or gave you a couple of black eyes, then from the point of view of law enforcement officers, the showdown between husband and wife is a family matter. Except, of course, for the case when your spouse, say, shakes a chainsaw in front of you.

It may be cruel, but it is precisely on the principle of “if they kill you, then come” that law enforcement agencies often act. In other words, the prosecutor's office will intervene if it becomes clear that you are completely defenseless against your socially dangerous husband.

Until then, everything that happens is your family squabble, which means you can ask for help from the state as part of a private prosecution.

If a drunk insults and beats his wife, what should you do?

A drunk husband is a real disaster for many women. It’s good if he’s just, as they say, a quiet drunkard (although there’s nothing good about that either). And if, in a fusel dope, he begins to threaten, make scandals, brawl, even let loose his hands?

Every woman has her own ways of surviving a drunken brawl. Someone grabs the children and runs to their mother, someone hides with neighbors and waits for the drunkard to fall asleep. Some of you can hear the excuse that when sober you are a “golden man.”

If you want to live with a “golden man”, treat him! Fight the bad habit, don’t provoke drunkenness with feasts on various occasions, lead a healthy lifestyle. Perhaps you will be able to snatch your husband from the clutches of the “green serpent”.

The main thing here is not to forgive, not to blame everything on a difficult life. You shouldn't put up with antics because of your children. For children, this person is even more dangerous when drunk. Remember, time is not on your side here.

If you fail to resolve the scandal, proceed:

• the first thing to do is call the police;
• then record the fact of beating;
• Next, be sure to contact a competent lawyer.

Only a lawyer can prove the husband’s social danger, and the court can send him for compulsory treatment. Everything is complicated by the fact that you can no longer be sent to any medical facility, also known as a sobering-up center, since only a court can send a patient for treatment against the will of the patient.

The main thing is not to turn a blind eye to his antics, not to run off to “sit out” with a friend, but to call the police every time to prove the fact of an administrative offense.

The more often a drunk person attracts the attention of law enforcement officers, the easier it is to prove that he is an alcoholic and needs compulsory treatment.

Sometimes the police don't respond properly. Demand a written refusal from them and go to court yourself. Here, any evidence of your husband’s social danger will come to your aid - this is witness testimony, medical certificates, and a report from the local police officer.

Remember - your destiny is in your hands.

If you don’t want to be a victim of violence, contact law enforcement agencies, lawyers, and you will be heard. Do not withdraw your statements and do not forgive your husband - after all, having raised his hand against you once and not receiving punishment, he will do it again and again.

Beats children - how to protect them?

You can never be silent. Remember, your silence makes the criminal even more cynical and cruel.

Beating a child is not just a misdemeanor, but a serious crime that cannot go unpunished.

The police should be called, and then the procedure will be similar to that when a woman relieves herself of the beating. You don’t even have to declare anything - doctors will do it, and they will help you obtain all the necessary certificates.

Violence against minors always falls under the category of public prosecution, so a statement from the victim is not necessary.

The punishment for beating children will also be more severe. A child beaten by her husband is grounds for depriving the father of parental rights.

What preventive actions are carried out in Russia

Despite the fact that domestic violence is not uncommon, everything is quite bad with preventive measures in Russia. The statistics speak for themselves, and they are based only on those cases that have been announced. Question: there is no need to say how many incidents actually occur regularly.

A real fight against domestic violence is possible only in the following cases:

1. When creating a Federal Law on the prevention of domestic violence.
2. Increasing the number of hotlines, so-called trust and social assistance.
3. Introduction of regular explanatory work on this issue.
4. Clear formation of public opinion about the unacceptability of such behavior.
5. Creating increased attention to disadvantaged families and certain segments of the population.

As has already been said, it is necessary to fight domestic violence. Such behavior on the part of a husband or father should under no circumstances be considered the norm and remain unpunished. However, first of all, the initiative must come from the injured party. You can’t remain silent and hope that everything will change. It should be remembered that only the fight for your own well-being will give a positive result.