Where and how to remove beatings without reporting to the police: emergency room, clinic and other institutions where you can get examined

There are situations in life when something threatens your safety and health.

Most often this is beating - repeated blows, physical pain or other violent actions to the victim.

Such actions are punishable. Punishment in this case is permissible provided that physical pain is caused by the actions of the criminal or criminals.

Pain and suffering must necessarily be caused by actions, and not by their consequences.

IMPORTANT! To bring the perpetrator to justice, it is necessary to send to the court evidence of beatings, intent, as well as a medical certificate or medical report.

Is it possible to remove a beating without reporting to the police?

The referral for an examination of the fact and extent of the beatings received belongs to the local police department at the scene of the incident. If the brigade was not called, or the local police officer refused to issue a referral for examination, the victim can take the initiative and remove the beatings on his own.

You can remove the beatings yourself, but examination at the Forensic Medical Examiner's Bureau will be a paid procedure. This service is provided free of charge only upon referral from the police station.

If the victim wins in court, then he can recover material damage in accordance with the provisions of Article 151 of the Civil Code of the Russian Federation in a civil suit, including including the cost of expenses for conducting the examination.

When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention. The court must also take into account the degree of physical and moral suffering associated with the individual characteristics of the citizen who suffered harm.

Apart from paying for the service, self-referral is no different from referral for examination by law enforcement agencies.

The resulting conclusion from the Bureau of Forensic Medical Examination has equal legal force, regardless of the status of the initiator of the examination, be it a local police officer, an investigator, or a citizen personally affected by beatings.

How does the severity of injuries influence the decision to bring penalties against the attackers?

In all cases, without exception, contacting the police with a statement of battery is advisable. Through the preliminary actions of law enforcement agencies, the victim not only receives assistance in stopping the crime and gets rid of further violent actions by the attacker.

He also receives significant support in accompanying the procedure for punishing the offender or criminal.

However, if insignificant and minor injuries are received that result in health problems, then without a statement from the injured citizen, a penalty cannot be imposed on the perpetrator .

Such legal norms apply to crimes for which administrative or criminal liability arises by virtue of Articles 6.1.1 of the Code of Administrative Offenses of the Russian Federation and 115, 116, 117 (Part 1) of the Criminal Code of the Russian Federation, if the actions were not of a public nature and no one was injured as a result of a street fight interests of third parties.

In other cases, if the injured person receives injuries included in the list of corpus delicti according to the provisions of Articles 111, 112, 113, 117 (Part 2) of the Criminal Code of the Russian Federation, a statement is not required. Typically, in these cases, they call a team of emergency doctors, or go to a clinic for outpatient or inpatient treatment.

shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

Based on an application to a medical institution, the following occurs:

1. examination of the severity of injuries;
2. transfer of information to the police station;
3. provision of medical care.

That is, if the severity of the harm caused is stable or irreversible, as well as when causing short-term but serious harm to health, allowing the victim’s body to be incapacitated, a criminal case is opened automatically.

Important . If, at the time of contacting a medical specialist, the bruises and wounds no longer look fresh and the skin structure already looks restored, then the doctor, of course, will record the damage, but the severity of the damage may be indicated less than it was in its original form.

Therefore, it is so important to make a timely request to record the beatings.

What liability is provided for assault under the Criminal Code of the Russian Federation? And other nuances that will help you better understand the provided punishments:

1. Classification of beatings.
2. What is mild battery and what is the liability for it?
3. What is moderate battery and responsibility for it.

Also, in what case will the liability be administrative (according to the Code of Administrative Offenses of the Russian Federation) and when will only a fine be imposed as a punishment?

How are signs of battery classified in the Criminal Code?

Battery in itself is a crime, but it can be classified under a more serious article of the Criminal Code. The classification of a crime can increase responsibility for it. Qualifying signs of serious physical harm may be if the offender caused serious harm to a person while he was performing his official duties. Also, if the beating was inflicted on a person who was in a helpless state or a minor.

Another important sign is that the beatings were carried out with particular cruelty and the victim was mocked. If the minor injury was caused by someone else, an employee of the person who assaulted the victim, or if the assault was inflicted as part of a disorderly conduct offense. The fact of beating is recognized if the crime was provoked by rejection of the race, religion or social status of the victim, the offender tried to use the victim’s organ or tissue for transplantation, or if the offender used not only physical force, but also weapons.

The severity and other nuances are prescribed in Article 111 of the Criminal Code. But in addition to the main qualifying features, there are also special points. For example, if a minor crime was committed not by one, but by a group of people, if serious physical harm was caused to several people in one crime. The punishment depends on the relevant part of the article. The higher it is, the more serious the punishment for the culprit.

Where and how to get examined: step-by-step instructions

Earlier, we have already talked in detail about the procedure for removing beatings, where can they be recorded and in what time frame should this be done?

Considering that the victim has the right to contact the police with ready-made examination results, or to receive the support of a medical institution, then directly when receiving blows from attackers, you can contact:

• to the emergency room at your place of residence;
• to your local doctor;
• call an ambulance team.

Based on the certificates received or an extract from the medical history, it is permissible to file a statement with the police after receiving first medical aid. The received documents can also be submitted to the forensic medical examination office. Based on them, an examination will be carried out.

If there are no serious injuries and there is no need for medical assistance, it is advisable to contact the forensic expert directly at the office. Treatment options depend on the conditions of the locality in which the victim lives. The institution may be:

1. municipal bureau , where paid examination services are provided to citizens without referrals from the police station.
2. Paid medical clinic , which provides services for examining beatings.

Having chosen the appropriate institution, the victim contacts the registry. Here he receives a receipt for payment and a coupon for an appointment with a doctor. If necessary, he is provided with a medical record. Having paid the cost of the examination service, he goes to the specified office with a coupon.

When contacting a clinic at your place of residence, you can contact:

• to the surgeon;
• local therapist;
• to the doctor on duty at the clinic - on a day off.

The same specialists are consulted at a paid medical center. According to the established regulations, all medical reports are identical according to legal criteria. However, when going to court, a report from a forensic expert will be required. It can be obtained later, based on medical reports and an extract from the medical history. Such documents can serve as the basis for filing an application in court, but the judge has the right to find out the picture of what happened, including the reason why the victims were presented with certain documents as evidence. And also the reason why the victim did not contact the police. The arguments presented by the applicant must be convincing.

To apply for the intended purpose, citizens are required to have the following documents with them:

1. passport;
2. medical insurance policy;
3. SNILS;
4. receipt for payment for the service.

ATTENTION: While the victim is in the hospital, a representative from among close relatives or other persons can act in his interests - on the basis of a notarized power of attorney.

The period for contacting the Forensic Medical Examiner's Office is 3 days. During this time, characteristic traces of beatings will be visible and amenable to examination. If the application occurred later, then a justification for the delay in the examination procedure will be required if the victim was not in the hospital and could actually contact the bureau.

Despite the fact that any of the previously listed specialists has the right to record the receipt of beatings and describe their consequences in a medical record, a certificate of beatings that has legal force for applying to a court, administrative body or police station is issued only by a forensic medical expert.

To do this, he studies the conclusions of the doctors who treated the victim, or independently conducts a study of the resulting violations. During the examination, the forensic expert draws up documentation and, using a regulatory list, establishes the severity of the damage to the victim’s health.

After receiving the certificate, you need to choose the most convenient algorithm for punishing the culprit, which determines the further actions of the victim:

• in case of administrative punishment - collect the required legal basis, and submit an application and a package of documentation to the district executive committee, the chairman of the administrative commission.
• If a criminal case is initiated, submit the documentation as an attachment to the application written to the magistrate.
• Submit an application with a certificate of assault to the police station.

A certificate may be refused in several cases:

1. when the victim did not provide the necessary documents;
2. if a lot of time has passed since the beating;
3. in the absence of visible damage;
4. if the damage turned out to be insignificant.

They will also refuse a free examination without a referral from the police station.

Torture

Torture is the systematic use of violence. Moreover, we are talking not only about physical, but also psychological. In this case, the statement of beating to the police should indicate that the attackers periodically attack the victim. They face up to 3 years in prison.

If there are several victims of torture, the victim was attacked because of her official authority, the victim is pregnant, or the victim is a minor, the upper limit increases to 7 years. The same punishment is imposed for torture, commission of a crime by a group of persons or for hire.

Features and nuances of the procedure

When examining beatings, unusual situations or related nuances may arise that need to be taken into account. For example, when the victim is a young child under 14 years of age, persons involved in upbringing may apply for an examination, including:

• teachers of schools, preschool institutions and specialized boarding schools;
• parents, adoptive parents and guardians;
• other relatives.

If they do not participate in solving the problems of the injured child, any citizen has the right to contact the prosecutor’s office or the guardianship and trusteeship authorities. Minors who have received a passport have the right to independently seek protection of their interests if a threat comes from their parents or other persons raising them.

Sometimes you cannot do without contacting the police, including in cases of:

1. if the beating was accompanied by the commission of a more serious crime, then the case file can only be compiled at the police station, where it is allowed to submit a certificate of beating.
2. When the attacker who inflicted the beating is unknown, investigative and investigative measures will be required. Without information about the culprit, documents will not be accepted by the court or the administrative commission.
3. If during the incident the police were called, where a criminal case was opened regarding the offense.
4. When transferring materials about beatings from a medical institution to the police station.

If an incapacitated citizen is beaten, then his guardian must come with him to the bureau.

In all cases, if the beatings cannot be recorded, it is necessary to prove the fact of the beatings by the perpetrators. Witness testimony and video footage of the beating are suitable for this. This is enough to bring to justice under Articles 1.1.6 of the Code of Administrative Offenses of the Russian Federation and 116 of the Criminal Code of the Russian Federation.

The corpus delicti implies not only the resulting health problems of the victim, but also evidence that they occurred as a result of the unlawful act of the guilty person.

What does the Criminal Code mean by grievous bodily harm?

Grievous bodily harm is the infliction of injury that has serious consequences for the health of the victim. This is stated in more detail in Art. 111 of the Criminal Code of the Russian Federation. The list of consequences that act as a factor indicating serious harm may include the following situations. For example, a person has received injuries that threaten his life, or his appearance has been disfigured. After the beating, the victim lost his hearing or vision. They will also be punished if the beatings resulted in the loss of some organs or if the woman who was subjected to the beatings lost a child due to the injuries inflicted on her.

According to the Criminal Code, I consider harm to health to be serious when the fact of beating led to a mental disorder or the formation of drug addiction. And also if the beating led to loss of ability to work or the inability to continue working in the victim’s profession. In these cases, the perpetrator must bear criminal responsibility for his actions.

By bodily injury we mean a violation of the integrity of organs, tissues, as well as problems with their functionality. The severity or lightness of the injury is determined by a forensic expert. You can get injured not only in a fight or during a beating, but also in an ordinary accident, since such injuries usually include hematomas, wounds, fractures, etc.