Deputies of the State Duma have toughened responsibility for beatings for the third and subsequent times. On July 9, the Federal Law "On Amending Article 1161 of the Criminal Code of the Russian Federation and Article 20 of the Code of Criminal Procedure of the Russian Federation" According to the Judicial Department at the Supreme Court of the Russian Federation, in 2022, 1,629 people were convicted of criminal liability for repeated beatings, which is 17.5% more than in the previous year.
What is the essence of the law?
Punishment for beating by a person who has already been convicted of a violent crime has been added to the article.
Before the adoption of the amendments, for the first time an administrative penalty was imposed for beatings, and for the second – a criminal one, told aif.ru lawyer of the Kaluga Regional Bar Association Yulia Skripkina. "Such a two-stage system is good, but until the beatings become regular: in fact the person went in circles – first punishment under the Code of Administrative Offenses, then – under the Criminal Code of the Russian Federation and again under the Code of Administrative Offenses. That is, according to the law, someone who has already been convicted of battery or another crime committed with violence will receive the same punishment as the one who hit for the first time,” commented the expert.
The amendments are due to the fact that in 2021 the Constitutional Court recognized Article 1161 of the Criminal Code of the Russian Federation as inconsistent with the Constitution – it did not provide proportionate protection of the right to personal integrity and the right to protect the dignity of the individual from violence in cases where beatings re-inflicts a person who already has a criminal record for such actions, Skripkina explained.""The court considered the complaint of a citizen who was repeatedly beaten by her cohabitant. When the man beat her for the third time, he was again brought to administrative responsibility in the form of compulsory work – the victim considered this measure insufficient for a person who systematically beats her maliciously, but there were no other measures of influence in the law. The Constitutional Court came to the conclusion that repeated acts of violence, especially against the same person, are a sign of the perpetrator's stable behavior and an increase in the degree of his public danger, in connection with which the state should apply more stringent criminal law measures to him. ;, – explained the expert.
What is the punishment for regular beatings?
Now, if a person previously convicted of beatings again commits assault, he is threatened with:
- up to 480 hours of compulsory labor;
- up to one year of corrective labor;
- up to six months of arrest.
< li>up to one year of restriction of liberty;
It is expected that such measures will increase the correctional impact on the convicted person and the chances that he will again be to inflict beatings will decrease, Skripkina noted.
What counts as a beating?
According to the meaning of the criminal law, beatings are violent acts that did not cause harm to health. If at least some harm is intentionally caused to a person's health: mild or moderate, serious harm – for such actions they are not brought to administrative responsibility, only to criminal liability under Art. 111, 112, 115 of the Criminal Code of the Russian Federation. That is, if a person was given a slap on the back of the head and he experienced unpleasant sensations, this is a beating, and if the slap is so strong that a person received a concussion – causing harm to health and a completely different responsibility.
Determine whether harm has been caused to health, Only a specialist can do it – a medical expert, Skripkina notes. """"To do this, it is necessary to conduct a forensic medical examination – just a doctor from an emergency room cannot establish the degree of harm. The list of injuries that relate to one degree or another of harm is enshrined in an appendix to the order of the Ministry of Health and Social Development dated April 24, 2008. No. 194n. For example, injuries to the head or brain are classified as serious harm to health, moderate harm is caused if a person has spent more than 21 days on sick leave, and slight harm to health – if the victim has been disabled for less than three weeks,” the expert explained.
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