Any beating, even the slightest, always causes harm, if not to the physical condition of the victim, then to his mental balance and the health of the nervous system. The person who has been beaten experiences humiliation, stress, and negative emotions, sometimes stronger than the pain from the blows. Therefore, the violator can not only be brought to criminal liability, but also compensated for causing moral and material damage. The latter may concern loss of earnings as a result of temporary disability or damage caused to the victim’s clothing, as well as compensation for harm caused to the life and health of a citizen (payment for treatment).
Corpus delicti
For minor bodily injuries, Article 115 of the Criminal Code of the Russian Federation provides for criminal liability. This crime involves the occurrence of one of the following consequences:
- Damage to organs or systems resulting in temporary loss of performance for up to 21 days inclusive.
- Persistent loss of low degree disability - from 5 to 10%.
If both signs are present, the one with the highest indicator of harm to health is used as a qualifier.
Difference from similar types of crime
If the consequences of the beating manifested themselves in the form of small scratches, bruises, but did not lead to loss of ability to work (or it amounted to less than 5%), the crime will be classified as “battery” under Article 116 of the Criminal Code. This also includes situations where the blows left no marks on the victim’s body. However, in this case, the fact of unlawful actions must be confirmed by witness testimony, recordings from CCTV cameras and other materials.
A longer period of incapacity (greater than three weeks) or a degree greater than 10% is indicative of moderate or severe bodily injury. Liability for these illegal acts is regulated by Articles 112 and 111 of the Criminal Code, respectively. There may also be cases of reclassification of minor harm into more serious harm if it manifests itself after a lapse of time.
For information on causing minor harm to health, see the following video.
Object of the unlawful act
The crime is directed against the integrity of the person and violates the human right to health and well-being. In some cases (depending on the motives), the criminal act is focused on social relations of social strata of the population.
Subject of the crime
Punishment for light battery is imposed on offenders who are over 16 years of age. The offender is a natural person with legal capacity. If the culprit has not reached the age of majority, he is registered with the police department. In this case, all material claims of the injured party are subject to satisfaction by the parents of the minor offender. Additional penalties may be imposed depending on the case materials and the court decision.
Presence of intent
The crime is committed intentionally, with direct or indirect intent. The state of affect does not affect his qualifications. If minor harm to health was involuntarily caused to the victim during detention or within the limits of necessary defense, this act is not subject to criminal punishment.
It is worth noting: in order to qualify the actions of an offender under Article 115 of the Criminal Code of the Russian Federation, it is necessary to reliably establish that he intended to cause minor harm to health or allowed it to occur. If the intention of the perpetrator was to cause grievous harm or the death of the victim, but for certain reasons he managed to inflict only minor bodily injuries, then this act should be considered as causing grievous harm to health or attempted murder.
At the same time, for causing minor harm to health through negligence, the culprit does not bear criminal liability (read about causing harm to health through negligence). However, a civil claim can be brought against him for reimbursement of treatment costs, moral and property damage.
Statement
The statement identifies the offender with the following information:
- name of the law enforcement agency;
- Full name and position of the person in whose name the application is made;
- personal data and telephone number of the applicant;
- circumstances of the case: time, place, causes of the conflict;
- the nature of the injuries received;
- the name or characteristics of the criminal, if it was a stranger;
- date and signature.
A sample application can be obtained from the police department, or the officer himself will dictate what needs to be indicated in the application. In this case, the victim must note that he was warned about punishment for knowingly false denunciation.
Aggravating circumstances
A crime can be committed:
- For hooligan reasons.
- The following reasons:
- political;
- nationalistic;
- religious.
These signs aggravate the guilt and serve as the basis for tougher punishment.
How and where to remove beatings
To relieve the beating, you are allowed to go to the emergency room of the nearest hospital or to a paid clinic. You can also get a referral from the police for a medical examination.
The medical certificate must indicate:
- Full name of the victim;
- the nature of the beatings and their severity;
- the circumstances under which the injuries occurred;
- date and time of medical examination.
Note!
The certificate includes the signature of the doctor and the seal of the medical institution. Without this, the court may declare it invalid.
It is best to remove beatings in the first 1-2 days after the beating, when the resulting injuries are most pronounced. The certificate is provided free of charge when visiting a regular emergency room or when contacting a forensic expert upon referral from the police. Paid clinics can set their own price for a certificate.
Liability for minor bodily injury
Settlement agreement
A criminal case in case of minor bodily injuries (as opposed to serious injuries, which are often accompanied by the death of the victim) is initiated at the request of the victim who filed an application in court (private prosecution case). You can avoid litigation by concluding a settlement agreement. This method has advantages for both parties. The victim receives material and moral compensation without lengthy legal proceedings, saving time and nerves. And the perpetrator can avoid criminal liability and conviction.
Article 115 of the Criminal Code, which provides punishment for mild battery, contains two paragraphs.
Paragraph 1
A person who causes minor harm to health is subject to one of the following types of punishment:
- Penalty in the amount of:
- up to 40,000 rubles;
- the prisoner's earnings for three months.
Point 2
In the presence of aggravating circumstances, any of the following penalties are provided for causing minor harm to health under Article 115 of the Criminal Code:
- Mandatory work, the maximum period of which reaches 360 hours.
- Correctional labor activity for one year or less.
- Restriction of freedom up to 2 years.
- Forced labor for two years or less.
- Arrest for up to 6 months.
- Imprisonment for up to 2 years.
In the video, consultation with a lawyer on liability for minor bodily injury
Article for violation under the Criminal Code of the Russian Federation
If a person has committed this crime, then he must be held accountable in accordance with Article 115 of the Criminal Code. It is the basis for such situations. It also describes all the nuances of considering cases of minor bodily injury.
NOTE! In the same cases, but with unintentional harm, the case is subject to reclassification. Considered under Art. 115 of the Criminal Code, it can no longer do so. The key point in this article is precisely the presence of intent in the actions committed by the accused.
If he denies the intentionality of his act and this can be proven, the circumstance will be mitigating, and the case will be considered under a different article.
What to do if you were beaten
The statute of limitations for personal injury cases is three years. The victim must act in the following order:
- First of all, go to a medical facility and record the consequences of the blows. It is advisable to do this immediately after the incident, before the traces of the beating have time to disappear. Based on the results of the examination, the degree of harm caused will be revealed and a medical examination report will be issued. Here is information on how and where you can remove the beatings.
- After this, you need to submit a statement to the police department containing the causes of the incident, its description and the damage incurred. If there are witnesses, their testimony is attached to the application. After reviewing the materials and establishing qualifications, the case under the article for light battery will be opened and transferred to the magistrate. Find out about the penalties for assault by following this link.
- Additionally, you can file a civil lawsuit to recover compensation from the perpetrator for moral damage and damage to property, if any.
In the absence of any traces of beating, eyewitnesses of what happened or other evidence, it will be impossible to hold the offender accountable. If police officers unreasonably refuse to initiate a case, you need to go to court. Also, the parties can come to a settlement agreement at any stage of the investigation.
Damage to health due to negligence
In accordance with the norms of the Criminal Code of the Russian Federation, mild harm caused by negligence does not provide for liability. Negligence means committing unlawful acts without intent to cause bodily harm to third parties.
Example
Two comrades V. and D. decided to drink an alcoholic drink when they met. After consuming a significant amount, a conflict arose between the men. During the quarrel, V. pushed his friend, and when he fell, he hit his head on the table. A forensic medical examination showed that citizen D. had a severe bruise in the temporal part of his head. Such a bruise is a mild form of bodily injury. The court of first instance decided to impose a fine in the amount of thirty thousand rubles. The verdict was later overturned by the panel of judges. The resolution of the board displays information that citizen V. did not intend to cause bodily harm through his actions. At the moment the friend was pushed, he could not imagine the consequences in the form of harm to health. There is no intent in the actions of citizen V.
Objective and subjective signs of the committed act
Signs of an objective property include the very fact of physical injury or temporary loss of ability to work, evidence of which can only be a medical examination of the victim.
Subjective factors reflect the personality of the attacker and the circumstances of his offense. These include:
- motives for the crime;
- the relationship between the victim and the accused, until the moment of their conflict;
- the goals that the suspect wanted to achieve by committing criminal acts;
- subjective assessment by the accused of the unlawful acts he has committed;
- psychological characteristics of the accused.
Based on these signs, the court makes a decision on the social danger of the committed acts and selects a preventive measure for the guilty party.
