What to do if a person is beaten? Statement of beatings

What to do if a person is beaten? Yes, unfortunately, this happens... Many people are subjected to physical violence from acquaintances or completely unknown people, and beatings often occur in public places. That is why people often ask the question: if I was beaten, how to punish the offender? This article will help you understand what to do if you are beaten on the street.

Our criminal lawyer is ready to advise you at any time, both in cases of battery and other issues. He will take care of all the hassle of solving the problem.

What kind of beating will happen?

Inflicting beatings on people that cause physical suffering is a violation of the Criminal Code of the Russian Federation. To understand exactly what to do if you were severely beaten, you need to know that criminal cases of private and public prosecution are considered differently.

Procedural legislation has established cases where a minor public danger of offenses leads to the initiation of a criminal case only if the victim files an application. These private charges include:

beatings that did not harm the health of the victims, but caused them physical suffering (Article 116 of the Criminal Code of the Russian Federation);
beating a person, which caused slight harm to his health.

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If you were beaten on the street, the article of the Criminal Code of the Russian Federation provides for the following cases of public accusation:

beatings with intentional harm to health (moderate and severe);
beating a person with a threat to his life, incl. with death threats;
hooliganism or other violent acts.

Filing a police report

If you were beaten by an unknown person, for example, a passer-by on the street or a stranger in the entrance, you need to contact the police. Submit your application to the nearest police station. The document will be accepted at the duty station. Police officers are conducting an investigation and opening a criminal case. After this, the investigation begins: identifying the attacker, conducting investigative actions and trial.

Please indicate in your application:

name of the department and full name of the head;
Full name of the applicant;
circumstances of the attack - time, place, number of attackers, their data;
a request to initiate a criminal case;
signature and date.

Procedure for beating: what to do if beaten on the street?

Emergency room . If I was beaten, my actions to punish the criminal must be consistent and properly planned. The first step after a beating is to call an ambulance or go to the hospital (emergency room) yourself. This is also necessary to record the injuries inflicted “without delay”. At the same time, employees of medical institutions must make entries in a special journal and transmit them to the Ministry of Internal Affairs by telephone. Subsequently, before initiating a criminal case, the victim must undergo a forensic medical examination. You will receive a referral for examination immediately after filing a complaint with the police.
Application to initiate a criminal case to the police . The next stage is for people wondering “beaten up in a club, what should I do?” - Direct contact to the police. To do this, you need to write a corresponding statement and submit it to the police department of the Ministry of Internal Affairs in the area where your injury occurred. At the same time, many victims ask the question: “I was beaten, how can I write a statement?” This document must clearly describe all the circumstances of the case (who beat, when and where it happened, a list of beatings inflicted, incentives to beat, etc.). It is also important to correctly formulate the request for an inspection and initiation of a criminal case.
Recovery of compensation for moral damage . After the police investigation and identification of the culprit, the issue of the amount of compensation for moral damages for the injuries and moral suffering caused can be decided. If the victim dies after the beating, the heir of the deceased can file a lawsuit.

Why is an examination necessary after a beating?

Removal of battery is a procedure that is necessary to open official criminal or administrative proceedings. In some cases, the perpetrator may be held liable without identifying injuries on the victim’s body; however, the results of a medical examination may form the basis of the evidence base in the case.

The presence of a specialist’s conclusion confirming that bodily harm has been caused allows the victim or her representative to apply for compensation for the damage caused within the framework of the legal process. The amount of compensation will correspond to the degree of physical and psychological damage to the body and personality.

How to write a statement about beatings?

Depending on the severity of the damage caused to health as a result of the beating, a statement may be written to the police or a magistrate. A statement is written to the magistrate if the victim was beaten, which resulted in minor harm to health. In any case, you can contact the police first.

An allegation of battery is an allegation of a crime. The statement states:

►to whom it is served;

►Full name, date of birth of the person submitting the application, address, telephone number;

►title of the statement: statement about the commission of a crime;

►in the text of the statement it is necessary to set out in detail the circumstances of the event: who, where, when, at what time he was there; what happened between the victim and the perpetrator of the crime, what circumstances caused the conflict situation; where and with what the culprit struck; what clothes the victim and the culprit were wearing; who was present when the crime was committed, that is, who was a witness; information about the perpetrator and witnesses with contact details;

►the operative part of the application indicates a request to bring the person who committed the crime to criminal liability.

►the police application forms also contain information that the person has been warned of criminal liability for knowingly making a false denunciation;

►attachment of documents confirming the circumstances of the crime committed;

►at the end of the application the date and signature of the person are placed.

Where to go to get relief from beatings?

First of all, to record the beatings, you need to contact the medical institution yourself or through the police duty station, where you will come to write a statement about the incident.

Important!

This procedure is mandatory in order to record an act against your person.

It is necessary to list all the beatings inflicted, indicate exactly how they were beaten, in what ways and means the injuries were inflicted. All the smallest details are important, even the pushes of the perpetrator and the insults he utters. That is, everything that relates to the beating and the accompanying circumstances.

Is it possible to withdraw a statement about beatings?

If a statement about beatings is filed, and even more so if a criminal case has already been initiated, the statement cannot be withdrawn.

A person, when filing a statement about a crime committed against him, must be aware that he is responsible for a knowingly false denunciation, and if the basis for withdrawing the statement is not having committed a crime, then in this case the person allegedly victim may be brought to criminal charges responsibility.

If the accused and the victim are reconciled, then this is the basis for termination of the criminal case, in connection with reconciliation in cases established by law.

How to prove that you were beaten?

In order to prove the fact of beating, it is necessary, as they say, to “remove the beating” in the hospital, that is, to document the presence of bodily injuries, bruises, or other physical harm to health and obtain a certificate of beating. Medical records are some of the most important evidence of battery.

During the beating, there may be some persons present who are eyewitnesses and witnesses to the beating. Witness testimony is one of the proofs of the commission of the actions in question. After the crime has been committed, the victim can tell his relatives and friends about it, and subsequently the testimony of these persons will also be assessed by the court.

Also, video recordings on your phone or recordings from CCTV cameras can be used as evidence.

If the culprit denies the fact of beating the victim, as well as the fact of being with him at the same time in the same place, you can also request billing by phone of the culprit, if, of course, he had a phone with him.

Perhaps the guilty person previously threatened the victim about causing harm to his health, the victim told someone about this threat, these persons will be indirect witnesses. If the guilty person made threats via SMS messages, then it is necessary to attach a printout of these messages.

If the victim has a call recorder installed on his phone, which records all telephone conversations, and the threat was received by the perpetrator over the phone, it is necessary to save the corresponding recording of the telephone conversation. In addition, the victim, after the beating has been committed against him, can talk about this topic with the perpetrator on the phone and also record this conversation.

Where to go if you are beaten?

To file a complaint regarding a beating, there are 3 possible instances:

police. You can submit the application in person to the duty station, receiving a coupon confirming its acceptance, or send it by letter with acknowledgment of delivery. In the latter case, the time limit for consideration of the application will be counted from the moment it is received by mail;
prosecutor's office The application submitted there will be forwarded to the police to verify the facts stated in it;
court. You can contact them in person, through a legal representative, or through an investigator or interrogator. The legal representative of the person who died as a result of the beating can also apply to the court. You will definitely have to draw up a statement of claim, the requirements for which are set out in Art. 318 Code of Criminal Procedure of the Russian Federation.

We suggest you read: How to put a stamp in your passport about divorce after a court decision, in another city where you can put a stamp about divorce

There is no strictly established form for this document, so the application must be written in free form in compliance with generally accepted rules of office work.

In the address part, in the upper right corner of the document, the police station to which the application is sent, the applicant’s full name, his address and ways of contacting him are indicated.

Next, in the middle of the line, the name of the document is indicated: “Statement of a crime.”

The main part of the statement is written below on the red line. It indicates the date, time, place and circumstances of the beating. Participants and witnesses to the event, if the culprit of the incident is unknown, should write about it and give as detailed a description as possible. Also in the main part you need to state your requirements regarding this fact. The demands are presented in the form of a request: “I ask you to initiate a criminal case regarding this fact and bring the culprit to justice.”

The following is a list of applications. These can be any documents that you think are important in this case. It is mandatory to attach an official medical document confirming the fact that you were beaten. Without it, the application will not be considered.

The legislation allows 3 days for consideration of the application. After this period, either a criminal case must be initiated, or a decision must be made to refuse to initiate one. If they refuse to initiate a case, you can appeal this decision to the court.

How to prove innocence of assault?

Under the law, a person is presumed innocent until proven guilty. It seems that a person is not obliged to prove his innocence of assault, but he still shouldn’t just sit and do anything.

If a person struck the victim once or slapped him in the face, or pushed him once, then these single actions (each single action, and not in aggregate) do not form a crime, unless of course they caused harm to health, since you can push a person once , and he will fall and hit his head. And in this case, the person involved must explain that he pushed the victim in order, for example, to pass, but at the same time the victim did not fall or hit himself from his push.
If video surveillance is installed at the scene of the incident, it is necessary to request a recording from CCTV cameras, where everything will be visible.
If the person did not inflict the beatings, but he was slandered, you can, in support of your arguments, refer to witnesses who can confirm that the said person did not inflict the beatings on the victim.

In a case where a person not only did not participate in any showdown with the victim, but was not in one place or another at all, well, the victim for some reason denounces the person, you can request information about the whereabouts of the person at a specified time by phone number, that is, use billing. The person can also explain where he was at the relevant time, indicating the persons who will confirm his alibi. Given the large number of CCTV cameras on the streets, the corresponding cameras can also record the fact that a person is in a certain place at a certain time.

During the interrogation of the victim and witnesses, it is necessary to ask questions about the circumstances of the case in order to identify contradictions and inconsistencies in the testimony of the victim and witnesses.

Currently, liability for beatings is provided for in Articles 116, 116.1 of the Criminal Code of the Russian Federation and Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation.

For the division of responsibility under the above articles, see the publication “Beatings under Art. Criminal Code of the Russian Federation and Code of Administrative Offenses of the Russian Federation. Liability for beatings. Arbitrage practice".

Battery under Article 116 of the Criminal Code of the Russian Federation - cases of private-public prosecution

According to Part 3 of Article 20 of the Code of Criminal Procedure of the Russian Federation, criminal cases of private-public prosecution are initiated only at the request of the victim or his legal representative, but are not subject to termination in connection with the reconciliation of the victim with the accused. Criminal cases of private-public prosecution include criminal cases of crimes provided for, in particular, by Article 116 of the Criminal Code of the Russian Federation (“Battery”).

A criminal case is subject to consideration by a magistrate in relation to a specific person at the request of the victim or his legal representative (Part 1 of Article 318 of the Code of Criminal Procedure). The judge is obliged to accept for consideration the statement of the victim, who is the prosecutor in this case.

Battery under Article 116.1 of the Criminal Code of the Russian Federation is a matter of private prosecution

According to Part 2 of Article 20 of the Code of Criminal Procedure of the Russian Federation, criminal cases of crimes provided for in Article 116.1 of the Criminal Code of the Russian Federation (“Battery by a person subject to administrative punishment”) are considered criminal cases of private prosecution, instituted only at the request of the victim, his legal representative, with the exception of cases provided for in Part 4 of Article 20 of the Code of Criminal Procedure of the Russian Federation, and are subject to termination in connection with the reconciliation of the victim with the accused.

An application for a crime under Article 116.1 of the Criminal Code of the Russian Federation is subject to consideration by a district court.

Beatings under Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation

With a statement about beatings or other violent acts, a citizen is registered with the police.

A police officer is authorized to draw up a protocol on an administrative offense provided for in Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation (Article 28.3 of the Code of Administrative Offenses of the Russian Federation).

Resolution on bringing to administrative responsibility under Art. 6.1.1 of the Code of Administrative Offenses of the Russian Federation is passed by a magistrate, to whom the police official submits for consideration the protocol on the administrative offense and other materials of the case (Article 23.1 of the Code of Administrative Offenses of the Russian Federation).

Removing beatings. Survey

As evidence of beating you, you will need to submit a certificate from the emergency room to the police or court.

You should contact the clinic at your place of residence. Based on the results of the examination, the traumatologist will draw up an examination report, which will contain a brief summary of what happened in your words, list visible injuries (if any), indicate the approximate time of their infliction (more precisely, that the time of infliction of the damage does not contradict what you indicated).

If the beating was inflicted by a citizen known to you due to a domestic quarrel (Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation). Contact the police

We are talking about domestic quarrels among relatives, acquaintances, friends, neighbors, work colleagues, etc. for a variety of reasons (excluding, of course, hooliganism and on the basis of national, religious and other hatred).

In this case, as stated above, you should first go to the emergency room (“remove the beatings”).

Since the last name, first name, patronymic and place of residence of the person who committed the beatings are known to you, there are no obstacles to contacting the police with a corresponding statement to bring a specific citizen to justice.

Please attach a medical examination certificate to your application for prosecution.

An authorized police officer (usually a local police officer) will conduct an inspection of your application, during which he will interview eyewitnesses (if any), add documents from the medical institution to the inspection materials, and attach other evidence (if any).

After the inspection, the police officer will draw up a report on the administrative offense, which, along with other inspection materials, will be sent to the magistrate for consideration. The magistrate makes an appropriate decision in the case of an administrative offense.

Applying for beatings to a magistrate (Article 116 of the Criminal Code of the Russian Federation)

Battering in the presence of certain motives should no longer be classified as an administrative offense, but as a crime under Art. 116 of the Criminal Code of the Russian Federation. In this case, the case is also considered at the request of the victim by the magistrate. The motives entailing criminal punishment in Article 116 of the Criminal Code of the Russian Federation include:

hooligan urges;
political, ideological, racial, national or religious hatred or enmity or hatred or enmity towards any social group.

An application to a magistrate to initiate a criminal case of private prosecution must contain the following mandatory details:

name of the court to which the application is filed;
description of the crime event, place, time, as well as the circumstances of its commission;
a request addressed to the court to accept the criminal case for proceedings;
information about the victim, as well as documents proving his identity;
information about the person brought to criminal liability;
a list of witnesses who need to be called to court;
signature of the person submitting the application.

If the application does not meet the above requirements, the magistrate makes a decision to return the application to the person who submitted it, in which he invites him to bring the application into compliance with the specified requirements and sets a deadline for this.

In case of failure to comply with this instruction, the magistrate refuses to accept the application for his proceedings and notifies the person who filed it.

If the applicant has previously contacted the police with a statement of beatings, it is necessary to file a petition in court to request the preliminary inspection material from the relevant police authority and to include it in the judicial proceedings on the said statement.

If the harm-doer denies guilt at the trial, additional evidence should be presented to the court (as a rule, these are testimonies of eyewitnesses who observed the course of the quarrel, beating, or persons to whom you told about what happened immediately after the incident).

If the causer of harm does not agree with the data specified in the examination report (localization, nature, mechanism and duration of origin of the harm to health), the judge has the right to order a forensic medical examination.

Lack of information about the person who caused bodily harm - contact the police

It is not possible to apply to the court to bring a person to criminal liability for beatings if his details (full name, address) are not known.

If the application does not contain information about the person being prosecuted, the magistrate refuses to accept the application for his proceedings and forwards the said application to the head of the investigative body or the head of the inquiry body to resolve the issue of initiating a criminal case in accordance with Part 4 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, which is notified by the person who filed the application.

As stated in Part 4 of Article 20 of the Code of Criminal Procedure of the Russian Federation, the head of the investigative body, the investigator, as well as with the consent of the prosecutor, the interrogating officer, initiate a criminal case for any crime even in the absence of a statement from the victim, if this crime was committed against a person who, due to a dependent or helpless state, or for other reasons cannot protect its rights and legitimate interests. Other reasons also include the case of a crime being committed by a person whose details are unknown.

In this regard, it is advisable to file a statement of beatings not to the magistrate, but to the police authority, which, as part of the inspection, must find out, among other things, information about the persons who caused the injuries.

If a report about a crime has been received by a law enforcement agency, which, by virtue of the rules on jurisdiction (Article 151 of the Code of Criminal Procedure), does not have the right to initiate a criminal case on it and investigate it itself, then this body is obliged to forward this message along with the materials on jurisdiction attached to it to that the body whose competence includes making a decision on it. For example, if a victim of a crime, the commission of which is being prosecuted as a private charge (causing minor harm to health, beatings), filed a statement to initiate a criminal case to the police, such a statement by law must be accepted, registered and then sent to the court, because that the consideration and resolution of such applications falls within the competence of the magistrate.

Beatings under Article 116.1 of the Criminal Code of the Russian Federation. Are we filing an application to the district court?

Article 116.1 of the Criminal Code of the Russian Federation provides for criminal liability for beatings or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, and do not contain elements of a crime provided for in Article 116 of the Criminal Code of the Russian Federation, by a person subjected to administrative punishment for a similar act.

First of all, it should be noted that Federal Law No. 509-FZ dated December 27, 2018 amended Art. 31 of the Code of Criminal Procedure of the Russian Federation, which determines the jurisdiction of criminal cases. Now, the jurisdiction of city and district courts includes criminal cases of crimes with administrative prejudice that precede criminal prosecution for committing crimes provided for, among other things, by Article 116.1 of the Criminal Code of the Russian Federation - battery by a person subjected to administrative punishment for a similar act. Thus, cases under Article 116.1 of the Criminal Code of the Russian Federation should be considered by the district (city) court.

It is obvious that most citizens do not have special knowledge in the field of law and will not be able to correctly qualify the offense at the stage of filing an application for beatings. So, for example, to qualify the actions of the perpetrator under Article 116.1 of the Criminal Code of the Russian Federation, it is necessary that the perpetrator was previously subjected to administrative punishment under Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation (“Beatings”). However, the victim does not have the opportunity to find information about whether the “culprit” was previously subject to such liability or not.

Another example. Sometimes the motive behind the actions of the perpetrator of the beatings is far from obvious. At the same time, the qualification of the act and the assignment of the case to consideration by a magistrate under Art. 116 of the Criminal Code of the Russian Federation.

In case of any assault, we recommend contacting the police.

In the event of bodily harm in the form of beatings or other violent actions, regardless of the obvious motives for the commission and other circumstances, we recommend contacting the police, as we indicated above. An authorized police officer is obliged to check the application and establish at least the minimum circumstances necessary for the case to be considered by the court (full name, address of the perpetrator, information about the previous bringing of the perpetrator to administrative or criminal liability, possible motives for committing the act).

In accordance with Article 145 of the Code of Criminal Procedure of the Russian Federation, based on the results of consideration of a report of a crime, the body of inquiry, the inquiry officer, the investigator, the head of the investigative body makes one of the following decisions: on the transfer of the report under jurisdiction in accordance with Article 151 of this Code, and in criminal cases of private prosecution - in court in accordance with part two of Article 20 of this Code.

Thus, police officers are obliged to accept and verify any appeal, including those with signs of a crime in a private prosecution case, and, having found out that it is not within their jurisdiction, forward it to the magistrate (Clause 3, Part 1, Article 145 of the Code of Criminal Procedure of the Russian Federation) .

We further recommend the article: “Beatings. Let's contact the police"

We also recommend: “Battery intentionally and through negligence”, “Single blow – beating? Judicial practice", "Complaint about a crime to the police"

We recommend other publications in the review “Beatings and harm to health. Responsibility. Arbitrage practice"

Deadline for filing a complaint about assault

The law does not establish any special deadline for filing a statement of beatings, but it is advisable to pay attention to the following points:

If a person has not decided whether to prosecute the offender or not, in any case it is necessary to record the fact of beating in a medical institution.

The sooner the victim files a statement, the greater the chances of bringing the culprit to justice, since the circumstances of the crime committed will be fresh in the memory and more accurately stated in the statement, some harm to health will persist for a certain time. That is, a criminal case will be initiated “hot on the heels.”

Criminal legislation establishes statutes of limitations for bringing persons to justice, depending on the severity of the crime committed. The minimum period during which a person can be brought to criminal liability is 2 years after the commission of a minor crime. The later the victim submits a statement, the greater the risk that by the time the verdict is pronounced, the statute of limitations will expire and the criminal case will be dismissed.

Battery inflicted on a minor

Causing bodily harm to persons under the age of majority, from the point of view of the law, is a criminal offense for which various punishments are provided.

The name of the preventive measure applied to the perpetrator depends on the nature of the injuries inflicted and the degree of their severity:

Minor damage – up to 90 days in prison or a fine of 40 rubles;
Prolonged beatings – imprisonment for a period of 3 years;
Average battery is punishable by up to 5 years in prison;
Up to ten years in prison can be imposed for causing grievous harm.