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

The infliction of a beating or committing other violent acts towards him, which 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 beating of hooligan purposes, based on ideological, racial, religious, political enmity or hatred against a group of people.

An object

The object of the crime is what the illegal act is aimed at. 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. Beating a person.
2. Committing other illegal violent actions, which caused physical pain to the citizen. But this is provided that these actions did not lead to harm to health.

Therefore, beatings should not cause significant 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 effect of fire on the body, etc.

This composition of the act is formal, and it is 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 or other 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 different severity, then these acts are qualified under other articles.

The subjective side and the subject of the criminal act

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

Indirect intent - when a person understood the public danger of his unlawful act, presumed the possibility of the occurrence of undesirable consequences, but consciously allowed these consequences or did not care about them, although he did not want their offensive.

Direct intention - 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 the 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 capable. There are no other restrictions.

Punishment

Art. 116 h. 1 the penalty provides for in the form of a fine. Its size 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 correctional labor or in the form of arrest.

Part two of the article, in contrast to Art. 116 part 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 limiting the freedom of the offender, about arrest, including forced labor.

Actions after the beating

After the beating, it is necessary to fix them in the emergency room. If the victim is held in police custody, it is necessary to demand the recording of the fact of the existing bodily injuries. Also, you need to write a statement about the incident to the prosecutor's office or the police.

Arbitrage practice

Judicial practice shows that before the trial under Art. 116 ч. 1 and ч. 2 the smaller part of affairs reaches. 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 responsible 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 for the judicial authority and act as a representative during the process.

There are situations when after the beating, further consequences may appear, 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 damage to health under Part 1 of Art. 116 of the Criminal Code of the Russian Federation, the verdict was sentenced to 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 according to another article.

Part 1 of Art. 116 of the Criminal Code provides for an acquittal only because of the absence of a crime in the act. But practice shows that an acquittal for beatings is extremely rare.

Amnesty under article 116

Amnesty is the release of persons from criminal liability or from the punishment prescribed by law for citizens who committed a criminal act. Or is it a substitution of punishment for 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 convicted of a criminal 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 preventive measure for which a penalty is provided that does not exceed five years of imprisonment.

The concept of torture

Article 117 of the Criminal Code describes torture as causing 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 beating should 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, involves, on the contrary, the imposition of strikes that coincide in time. It's simple. The beatings that have occurred repeatedly can not be qualified as torture if, for one or more episodes, which constitute the basis for the qualification of a criminal act as systematic actions, the limitation period for criminal liability 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.

Despite the differences, torture and beatings coincide in their dispositions. Because the described actions are similar to each other, namely strikes and other violent actions. However, the similar content of the concepts of beatings and torture is unequal. In addition to systematic strikes, torture refers to the prolonged infliction of pain. For example, this 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.