How to protect against Assault and Battery charge in Russia?

How to protect from art. 6.1.1. Of the Code of Administrative Offenses of the Russian Federation and from ART. 116 of the Criminal Code of the Russian Federation (under a beating – poboi (побои) charge)?

To begin with, I will briefly tell you how the prosecution begins (2 scenarios):

• Statement of the victim: either when applying personally to the police station, or summoning to the scene and accepting an oral statement by the police officer and drawing up an appropriate protocol by the police officer; In both cases, an administrative offense case is initiated and the victim is given a referral for a medical examination, where the injury’s are recorded, that is, they are examined by a doctor and recorded in the certificate of examination.
• It so happens that the victim turns into emergency room or hospital with beatings and informs the doctor about the causes of the injuries, without the aim of charging the culprit. Nevertheless, in this case, information about the assault is also immediately received by the district police officer and within, as a rule, several hours, the authorized district officer comes to the victim and asks about the circumstances of the beatings. If the victim confirms the infliction of beatings on him, then a case on an administrative offense is also initiated under Article 6.1.1. Administrative Code of the Russian Federation.

  RECORDING THE RESULT OF THE BEATING (A FALLBACK FOR VICTIMS)
  In both of the above cases, a police officer interrogates you and gives you a referral to recorde the beatings in the forensic medical examination room (this is not an emergency room) and this will be free for you. However, the results will not be handed over to you, but will be sent immediately to the police officer for attachment to the case.
Where the injury’s are recorded.
  As I said, the injury is recorded in a specialized organization of the forensic examination. If you do not have a referral from the district police officer or you want to remove the beatings without a statement and without the police, then you can do it at your own request, but for a fee. In this case, you will be given a forensci conclusion on your hands. You can find the address where to record the beatings in any directory of your city upon request «clinical bureau of forensic medical examination» (клиническое бюро судебно-медицинской экспертизы).
The address can be viewed in 2gis or yandex maps. When applying there, you need to take your passport with you.
How to record the physical harm from an assault and how does it happen?
The doctor visually examines the person and records all injuries on the body, pre-measuring their dimensions (diameter, width) with a ruler. When you are examined, it is important at this stage to inform your doctor about all injuries. It happens, for example, on the scalp, lesions may not be noticed if you do not report them.
  What kind of injury can be recorded?
 You can and should record all the injury’s - any bruises, abrasions, scratches, redness, bruising and so on and on any part of the body: head, face, cheeks, shoulders, legs, groin - literally everywhere.
When to record the injury’s?
  The beatings can be recorded, even without reporting to the police, at any time. The law does not provide for any terms, but the main criteria are that they are visible during the examination - after all, for this they are being recorded.
Based on my practice, and as indicated in medical reference books, bruises can persist for up to 2-3 weeks, but this depends on the degree of damage and it is better, of course, to shoot the beatings in the ITU immediately after they are inflicted (even if you have already contacted the emergency room).

  Let's get back to holding the person accountable.

FURTHER IT IS NECESSARY TO UNDERSTAND WHEN RESPONSIBILITY FOR WILL BE CRIMINAL, AND WHEN - ADMINISTRATIVE?
  Four years ago, until July 2016, any beatings charges were an exclusively criminal offense and only under Article 116 of the Criminal Code.
By the federal law of July 3, 2016, some types of beatings were decriminalized and migrated to the category of administrative offenses. A new article has been introduced into the Code of Administrative Offenses of the Russian Federation - Article 6.1.1.

Now, in 2019, for inflicting beatings you can't be charged:

• to criminal responsibility (Article 116 of the Criminal Code of the Russian Federation - imprisonment up to 2 years). In practice, punishment for beatings in a criminal case is a fine in 99% of cases, and only in exceptional cases - conditional imprisonment.
• OR to administrative responsibility (Art. 6.1.1. Administrative Code of the Russian Federation - a fine from 5 to 30 thousand rubles or arrest up to 15 days). The punishment for beatings, based on judicial practice in administrative cases, will be 5-10 tons. fine.

    The criterion for classifying beatings as criminal or administrative responsibility is the reason for the beatings.
  If the beatings are inflicted in connection with national or racial hatred, as well as simply out of hooligan motives ... then this will result in criminal liability.

  In addition, criminal liability under Art. 116 of the Criminal Code of the Russian Federation occurs with repeated infliction of beatings within a year. Repeated infliction of beatings occurs if within 1 year from the date of the ruling under Article 6.1.1. Of the Code of Administrative Offenses of the Russian Federation, the accused again inflicted beatings on someone (not necessarily the same victim). This is the repetition of the infliction of beatings, and in this case the person will be held criminally liable.

  In other cases, the person will only be held administratively liable.

 An example: in January 2017, the husband beats up his mother-in-law and a protocol is drawn up against him under Article 6.1.1. Then there are two options.

Option one: in March 2017 (two months later) he beats his wife - a criminal case is initiated.

The second option: after the mother-in-law, he beats his wife not after two months, but after 1 year and 2 months (that is, more than 1 year has passed after the first beatings) - in this case, a protocol is again drawn up under Article 6.1.1. Administrative Code of the Russian Federation - no criminal liability.

WHAT DO YOU NEED TO PROVE WHEN DEFENDING AGAINST A BEATING (Poboi (Побои) CHARGES?

    To understand how to defend yourself against charge, you need to know: what is a BEATING (Poboi (побои) CHARGE?

          Beating is any deliberate act that causes physical pain to the victim.

        That is, there are only two mandatory criteria for beatings:

1. The abuser's actions must be deliberate. If you accidentally hit someone, this is not a beating (in the understanding of the Administrative Code of the Russian Federation and the Criminal Code of the Russian Federation);
2. The victim must experience physical pain; this is a mandatory feature. If there is no pain, then there is no beatings. For example, slaps are different. It can also be a "light" symbolic slap in the face, the purpose of which is only to visually express your attitude, or it can humiliate the victim. Or it may be a full blown slap in the face, from which you can even lose consciousness. Such a slap will obviously cause pain and would be considered a beatings.

So, in addition to slaps, beatings include obvious blows, grabbing the arm, neck and other parts of the body, pushing. Again, all of this must be done intentionally. At the same time, we clarify once again that all these actions will be considered beatings if the victim has experienced physical pain, and even more so when evidence of such pain is “available” (for example, bruises).

        If you were hit, for example, when you were wearing thick winter clothes through a jacket and a fur coat, then it is obvious that such a slight blow could not hurt you - and the court is unlikely to consider it a beating. Conversely, if you deliberately scratched your friend with your nails, then it will be considered that you have inflicted beatings on her, since it is obvious that scratches do not happen without pain.

       Based on this simple criterion, you can independently build your own line of defense in cases of assault. For example, if abrasions and bruises are obvious and confirmed by a medical examination, then in fact the question of whether the beatings are already there remains resolved. Therefore, in such a situation, you need to deny the fact that you applied them. At the same time, it is necessary to provide evidence, since words alone will not be enough. We advise you not to neglect the help of a battering lawyer and seek at least an initial consultation immediately after the incident.

  The period during which they can be brought to administrative or criminal liability under Article 6.1.1. Administrative Code of the Russian Federation or Art. 116 of the Criminal Code of the Russian Federation, is 2 years. This means that the court must issue a ruling on the conviction not later than 2 years from the date of the act. Upon the expiration of this period, the case must be terminated due to the expiration of the terms for bringing to administrative responsibility.

   If you need a criminal lawyer, you can contact us. Our lawyers have significant experience in defending citizens in such cases.

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