/ / What punishment does Art. 116 p. 1 of the Criminal Code of the Russian Federation?

What punishment does Art. 116 p. 1 of the Criminal Code of the Russian Federation?

Beating a person or committing a person forto him other acts of a violent nature that caused physical pain, but did not lead to the deliberate infliction of even a small injury to health, stipulates Art. 116 Part 1. The second part of this article describes the beatings of hooligan purposes, based on ideological, racial, religious, political enmity or hatred against a group of people.

116 hrs 1

An object

The object of a crime is whatan illegal act is aimed. In each situation, it can be different. The object of this criminal act is relations in society that ensure the right of any person and citizen to physical security and health inviolability.

The objective side

This side of the criminal act, which is described in Art. 116 ч. 1 and ч. 2, is expressed in the following actions.

  1. Beatings a person.
  2. Committing other illegal violent actions that caused physical pain to a citizen. But this is provided that these actions did not lead to harm to health.

Therefore, beatings should not causesignificant harm. These are actions characterized by repeated strikes to the injured person (three or more). Other unlawful acts of a violent nature that cause physical pain to a citizen include the following factors.

  1. Applying individual blows to the victim.
  2. Strikes sharp objects, tweaks.
  3. Etching on the injured animal.
  4. The impact of fire on the body, etc.

This composition of the act is formal, and itis regarded as completed from the moment of its execution, provided for in the crime (regardless of the offensive or non-occurrence of undesirable consequences).

In the event that, due to beatings orother acts of a violent nature, regulated in Art. 116 p. 1 of the Criminal Code of the Russian Federation or Part 2, there will be damage to health of varying severity, then these acts are qualified under other articles.

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The subjective side and the subject of a criminal act

The subjective side has a deliberate form of guilt in the form of indirect or direct intent.

Indirect intent - when the person understoodthe public danger of its illegal action, presupposed the possibility of the onset of undesirable consequences, but consciously allowed these consequences or did not care about them, although they did not want their offensive.

Direct intent - when a person was aware of the public danger of his inaction or actions, he foresaw the inevitability or possibility of the onset of undesirable consequences. He wanted their offensive.

The subject of a criminal act

The subject of the criminal act of Art. 116 p. 1 of the Criminal Code of the Russian Federation and part 2 is a person whose age is not less than sixteen years. Also, a citizen must be considered legally competent. There are no other restrictions.

Article 116 h 1 yr rr punishment

Punishment

Art. 116 hours. 1 penalty is provided in the form of a fine. The size of it can reach the amount of earnings and other income of the offender for a period of not more than three months. Punishment can also be imposed in the form of compulsory or corrective works or in the form of arrest.

Part two of the article, in contrast to Art. 116 hours. 1 of the Criminal Code of the Russian Federation, the punishment provides for in compulsory or correctional labor. And also it speaks about the possibility of restricting the freedom of the offender, about arrest, including forced labor.

Actions after the beating

After the beating has to be fixedthem in the emergency room. If the victim is detained in the police, it is necessary to demand that the record of the fact of the bodily injuries be recorded. Also, you need to write a statement about the incident to the prosecutor's office or the police.

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Arbitrage practice

Judicial practice shows that before theArt. 116 part 1 and part 2 the smaller part of the cases comes. This especially applies to proceedings between spouses who are in an official marriage. This causes impunity. Rarely, spouses who continue to commit unlawful acts are accountable for this before the law. To prosecute for beatings, it is recommended to contact a specialist lawyer. He will conduct the necessary pre-trial activities, draft the right motions, prepare a statement to the judicial authority and act as a representative during the process.

There are situations when after a beating canthere will be further consequences indicating a deterioration in the state of health. For example, a woman was injured, which she did not record and did not apply to the police. A month later there were consequences related to the beatings received earlier. Headaches started, vomiting appeared. The woman was forced to go to the hospital. The doctor determined the diagnosis - a traumatic brain injury. After that, the hospital provided the police with information about the injury. Then they conducted a forensic medical examination. After that it became possible to start a criminal case. As a result, a person who caused such harm to health under part 1 of Art. 116 of the Criminal Code of the Russian Federation, the verdict was given - a five-year term of imprisonment, since the traumatic brain injury caused serious harm to health. And there is a reason for this. Such harm is already qualified for another article.

Part 1 of Art. 116 of the Criminal Code of the Russian Federation, an acquittal only provides for the absence of corpus delicti in the act. But practice shows that an acquittal for beatings is extremely rare.

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Amnesty under article 116

Amnesty is the release of persons from carryingcriminal responsibility or from the punishment provided by law for citizens who committed a criminal act. Or is it a substitute for punishment in a softer measure. Either the removal of criminal records from the persons who served the sentence, or the reduction of the term. The decision on amnesty is taken by the State Duma.

In 2015, for the first time for those convicted of criminalan act of small gravity, under which the beatings fall, an amnesty was provided. Part 1 of Art. 116 of the Criminal Code was included in the category of amnestied act not only in 2015, but also in previous acts of amnesty. Because this category of illegal activity is a crime for which there is no penalty at all, depriving a person of freedom. And under the amnesty can only get those criminal acts, a measure of restraint for which the punishment is provided, not exceeding five years of imprisonment.

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The concept of torture

Article 117 of the Criminal Code describes torture ascausing mental or physical suffering due to the periodic infliction of beatings or other violent acts. Since torture and beatings are very similar concepts, it is important to be able to distinguish one act from another. These are different actions. And they are described in the legislation in different articles.

The difference between beatings from torture

Torture as a periodic beatingshould be distinguished from beatings. The difference lies in repeated strikes. Torture involves several attacks of beating (more than three times), separated by a time interval. The article under consideration, on the other hand, suggests, on the contrary, the imposition of blows coinciding in time. It's simple. The beatings that have occurred repeatedly can not be qualified as torture if, for one or more episodes that constitute the basis for the qualification of a criminal act as systematic actions, the limitation period for bringing responsibility in criminal law has expired. Or if administrative actions have been applied to the person for this act. Other violent acts as a different method of torture are textually identical with those named in the composition of the act of Art. 116.

Article 116 h 1 yr rr punishment

Despite the differences, torture and beatings coincidein its disposition. Because the described actions are similar to each other, namely strikes and other violent actions. However, the similar content of the concepts of beating and torture is unequal. In addition to systematic strikes, torture refers to the prolonged infliction of pain. For example, it can be a cross-section, tweaking, causing a large number of injuries, including a sharp or blunt object. Also it is a question of thermal influence, for example, cauterization with the heated object. Other similar actions, including prolonged deprivation of food, heat, water, etc., flogging, hanging upside down, etc., also qualify as torture. From this it follows that other acts of a violent nature in torture have a difference both qualitatively and quantitatively, which distinguishes them from those specified in Art. 116 part 1 action.

Torture is characterized by mental and physical suffering. And during the beating there is a one-time physical pain.

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