Isaac Asimov once called violence “the last refuge of incompetence.” It is difficult to argue with the famous author, but if fate decreed that you were the object of violence, in particular during beatings, then the philosophizing of the cult science fiction writer will be of least interest.
What to do right away? How to involve law enforcement agencies in their direct responsibilities - protecting your rights? How to initiate a criminal case, how to correctly write a statement regarding the infliction of bodily harm? Let's look at all the nuances of the process from the point of view of Ukrainian legislation.
Where to file a report of assault?
To begin with, we will draw the entire scheme of actions in the most simplified form from the crime to the pre-trial investigation:
- The fact of causing bodily harm.
- (3) Application to law enforcement agencies.
- (2) Removal of beatings.
- Actions of the police upon receipt of a complaint.
- Registration of application.
- Entering information into the Unified Register of Pre-trial Investigations.
- Appointment of an investigator.
- Conducting an investigation.
The order of points 2 and 3 may be reversed, depending on the severity of the beatings inflicted (Article 126 of the Criminal Code of Ukraine). This will determine where and by whom the application is submitted.
What is beating?
This type of harm is defined in Art.
126 of the Criminal Code, and implies the deliberate infliction of blows or other violent actions that caused physical pain to the victim. Depending on the consequences - the presence or absence of bodily injuries - as well as the methods and reasons for aggressive behavior (by a group of people, intimidation, for reasons of intolerance of various kinds), a fine or deprivation / restriction of freedom may be sanctioned as measures applied to the offender.
Light damage
At the initial stage, the “lightness” of the beatings inflicted is not yet a procedural term, and is determined solely by the victim himself based on his personal feelings. In other words, if a person feels able to submit an application, then he takes these actions or entrusts them to his representative.
The application is submitted to the police (formerly the police), and is the basis for inclusion in the ERDR, and, accordingly, initiates a pre-trial investigation.
The Law of Ukraine “On the National Police” determines that this law enforcement structure is responsible for measures taken regarding this type of offense.
The law allows for reporting a crime by mail. We still recommend registering documents in person. As a last resort, use registered mail with notification.
Serious damage
This type of beating assumes that the victim cannot contact the police himself. The primary concern is health , which means the victim should first contact doctors.
The law determines that doctors in such cases are obliged to report the fact of beating to law enforcement agencies. Consequently, the initiator of the investigation will not be the victim , which means that this option is beyond our consideration.
Arbitrage practice
1. On December 6, 2021, a 47-year-old local resident came to the Volgograd hospital with complaints of a skull fracture and other injuries. Hospital staff informed law enforcement agencies about this. It was found out that the victim’s partner, who had a quarrel on New Year’s Eve, was to blame for the beating. At first, the woman continued to go to work, but a few days later her health worsened and she went to the hospital. When arresting the man, the Ministry of Internal Affairs found out that he had previously been convicted and was not employed anywhere. He faces criminal punishment under Part 2 of Art. 111 of the Criminal Code of the Russian Federation due to the intentional infliction of serious harm to health. 2. On January 14, 2021, Moscow police opened a criminal case against a girl - a taxi driver - who hit a passenger with a stun gun because of his unwillingness to pay in cash. The man paid for the ride through an app on his smartphone and tried to get out, but the taxi driver blocked the doors and demanded cash, after which she hit him with a stun gun. The victim received medical care, and the girl faces punishment under Art. 116 of the Criminal Code of the Russian Federation “Beatings”.
How to properly write a statement to the police about a beating?
There are no clear requirements for reporting battery specified in the regulations.
However, we would like to remind you that the submitted application must be registered in the ERDR, and the data to be entered into the register is established by law. Based on the Regulations of the Prosecutor General’s Office “On the procedure for maintaining the Unified Register of Pre-trial Investigations” (clause 1 of Article 2), as well as the general provisions of the Code of Civil Procedure of Ukraine, it is possible to formulate a list of data that the application must contain:
- To whom . As a rule, the head of the police department to which the victim applies, or the person performing his duties. There may be another authorized person. The employee on duty should provide accurate information.
- From whom . Data of the person submitting the application that uniquely identifies him (full name, date of birth, residential/registration addresses, passport, contacts). In the case of a representative, his details are indicated, as well as information about the person on whose behalf he acts.
- Circumstances . A statement of what happened, with an emphasis on acts that may be classified as criminal offenses. Place, time and other parameters of what happened. Indication of the exact articles of the laws violated is not required, but it is not prohibited if they are known to the applicant.
- Information about the attacker . Everything the applicant knows about the person or persons who committed the crime.
- Witnesses . If available, information about such persons is indicated.
- "Ask" . A separate section that includes a list of the applicant’s demands (initiate a case, detain the perpetrators, report the results, etc.).
- List of attached documents . Everything that may be relevant to the case, including medical certificates, powers of attorney for a representative, etc.
The document may contain any other relevant information. The application ends in the standard way: date and signature.
The police officer on duty must accept the application, make an appropriate mark on it or issue a special ticket. For these purposes, the application must be written in two copies so that one of them, with a mark, remains in the hands of the applicant.
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.
Procedure for filing a complaint about beatings
Let's consider the complete sequence of actions from the moment the offense was committed to the initiation of the case.
Step 1. Place of delivery
The Code of Criminal Procedure establishes several different methods of notification of an offense.
It has already been mentioned that this can be by mail or personal submission. We will consider the last option as an example. The application can be filed at the victim’s place of residence, the scene of the incident, and other places. To simplify understanding, we can conclude:
The victim has the right to file a complaint at any police station 24 hours a day.
Step 2. Documents of the applicant and about the attack
We've already talked about this, so let's briefly summarize:
- Application – 2 copies.
- Passport of the victim/applicant.
- Power of attorney, if the applicant is an authorized representative.
- Medical certificate about beatings. If there is one, more about this in the next step.
- Other documents relevant to the case.
To control what is happening, you need to receive your sample application with the appropriate mark from the duty officer. However, the fact of filing does not always mean that registration will be made immediately.
Step 3. Removing the beatings
This is a special procedure that we discussed in detail in this material. Let us remind you that if the beatings were not removed before filing a statement, then the police must refer the victim to this type of examination, the result of which will be a detailed certificate about the state of health of the victim and the likely consequences of the impact in question on the victim.
Step 4. Entering personal injury data into the register
Having provided all the documents, the application is registered. The applicant is warned against giving false testimony. An investigator is appointed. Within 24 hours, the application must be entered into the ERDR (Article 3 of the Regulations on the procedure for maintaining the Unified Register of Pre-trial Investigations).
The victim, on the basis of paragraph 2 of paragraph 2 of Article 56 of the Code of Civil Procedure, has the right to receive a document confirming the entry of his application into the Unified Register of Registered Register of Registers. Based on Article 4 of the Regulations, such a document is an extract from the register.
It is in the interests of the victim to control the entry of the application into the register, as well as the data indicated in it.
Statute of limitations
Specifically for this type of case, the statute of limitations is not prescribed by law. However, there are general provisions within which beatings can be considered.
Assault is a criminal offense. Accordingly, the provisions of the Criminal Code regarding statute of limitations are also applicable to it. In the context of the issue at hand, this is:
- Two years , if the crime did not involve imprisonment (clause 1, clause 1, article 49 of the Criminal Code).
- Three years , if imprisonment could have been applied due to the circumstances of the incident (clause 2, clause 1, article 49 of the Criminal Code).
We will return to the topic of punishment for beatings in a little more detail at the end of the material.
When can a document be refused?
The application will not be registered, and, therefore, the case will not be initiated if the responsible officer considers that the evidence presented is insufficient for a pre-trial investigation .
A person who considers himself a victim has the right to challenge such a decision within ten days.
Punishment
As has already been said, what the fighter faces is determined by the court. If it was decided that his actions fall under the Code of Administrative Offenses, then a fine of up to 30 thousand rubles, arrest for up to 15 days, or compulsory labor for a period of up to 120 hours may be imposed.
If an administrative offense is committed repeatedly within a year, then the punishment is determined according to Art. 116.1 CC. These actions threaten the use of such measures as a fine of up to 40 thousand or 3 months’ earnings, compulsory or corrective labor, or arrest for 3 months.
For committing a crime, punishment may be imposed, up to 2 years of arrest. The court will assign a punishment based on the current situation, consequences and the presence of aggravating and mitigating circumstances. They are provided for both by the Criminal Code and the Administrative Code.
What kind of beating will happen?
Punishment in cases of beatings is determined by Article 126 of the Criminal Code:
- If grievous bodily harm is not inflicted : a fine of up to 50 non-taxable minimums;
- community service up to 200 hours;
- correctional labor for up to 1 year.
- restriction of freedom up to 5 years;
The severity of the damage inflicted is determined procedurally on the basis of a medical examination.
What to do if a husband beats his wife?
If nothing could be resolved, everything has gone too far, then of course heavy artillery is needed with shots right on target:
- Reporting beatings to the police as soon as possible after the incident, because abrasions and bruises heal, which means evidence of harm to health disappears
- We receive a referral for examination and determine the extent of the beatings. It is possible that we will talk about more serious consequences, because the female body is weaker, male aggression is destructive in impulse
- We demand administrative, criminal, civil liability, compensation for moral damage, and punishment of the perpetrator.
How to withdraw a complaint from the police?
For this type of crime, in accordance with current legislation, the concept of “withdrawing a statement” does not exist.
All cases, upon acceptance for consideration, are registered in the ERDR. The case may be closed. However, in case of beatings, this is extremely difficult to do. If, for example, we were talking about suspicion of theft, and then the allegedly stolen items were found, then you can insist on closing the case (in the absence of mutual claims).
But in case of beatings, it is not worth declaring that the initially presented evidence does not correspond to reality! In this case, the applicant may be charged with perjury.
Causes of physical violence in the family
For some reason, assault in families is taken for granted. “They beat everyone and live somehow”, “Where will I go with the children”, “It’s my own fault” and everything in the same spirit only gives the criminal a free hand.
The feeling of impunity only intensifies aggression, and it is important to understand that beatings in the family will never be an isolated episode - as a rule, with one blow it already becomes a system.
There are many reasons for physical violence in the family. But in this case they are not so significant - such actions will be illegal in any case.
