How long can a beating be removed: what is the time frame for conducting a forensic medical examination, and also, is it possible to apply for a medical examination in a few days and what actions need to be taken?

Fights between spouses, assaults by robbers on the street, showdowns with neighbors, drunken men, and illegal actions by employees of some public institutions can harm the health of the parties to the conflict.

According to Russian law, causing physical pain to another person is punishable. In order to prosecute the perpetrator, it is necessary to present to the court evidence confirming the intent of the perpetrator of the beating, as well as a medical report. How to remove the beatings, within what time period should this be done and where should I go with the question of initiating a case?

Why is it desirable to record beatings?

Theoretically, to bring the offender to justice, the presence of bruises and abrasions is not necessary. After all, the article of the criminal law does not contain a direct requirement from the victim to remove the beatings, providing for the existence of a crime based on the fact of causing only physical pain.

At the same time, you should know that the responsibility of proving the infliction of that same pain belongs exclusively to the victim, without the participation of law enforcement agencies (private prosecution cases). Considering some difficulty in obtaining evidence of beating if the victim and the perpetrator were alone (in cases of beating this is almost always the case), the presentation of a medical report to the court plays a huge role, since it is direct evidence of violent contact (see fine, article for beating a person ).

When to remove beatings, for how long

Taking into account the important evidentiary role of the removal of beatings, it is better to deal with this issue as soon as possible, without first writing a statement. There are no specific rules regulating the period within which beatings can be removed. Experts express different opinions about how long it takes to remove beatings.

How to properly remove beatings?

When someone beats someone, inflicts physical injuries, injuries, and the victim does not even have the opportunity to call the police, then after a fight, a showdown, the victim can stop the beating.

Situations involving beatings are often observed in families: a husband beats his wife, parents abuse a child, etc.

In order to punish the offender or at least threaten him, the victim must have evidence that physical suffering was actually caused to her.

How to remove beatings in 2021, is it possible to do this without contacting the police?

What does it mean to remove the beating?

According to Art. 116 of the Criminal Code of the Russian Federation, beating is the infliction of pain and suffering on a person; These are violent actions that lead to short-term health problems or permanent loss of ability to work.

To remove a beating means to undergo a medical examination and receive assistance from medical specialists, who, after providing it, must issue a conclusion stating that the victim was indeed hurt.

It is necessary to remove beatings in order to:

punish the offender by filing a complaint with the police or court;
threaten the person to never touch the victim again.

The offender must understand that for beatings he may face criminal liability (Article 116 of the Criminal Code of the Russian Federation “Beatings”) in the form of:

arrest up to 6 months;
correctional labor for up to 12 months;
compulsory work for a period of 360 hours;
imprisonment for up to 24 months.

What injuries can be considered beatings?

This can be any violent action against the victim, aimed at causing her physical suffering:

cuts, punctures;
fractures;
bruises, contusions, abrasions;
through, puncture, tangential wounds.

Where can I film beatings in 2021?

There are two options to solve the problem:

Go to the emergency room to register the fact of the beating. When a specialist examines the victim and then gives him a forensic medical examination report, the person can safely go to court and file a statement regarding the fact of the beating.
The victim of violence first contacts the police and writes a statement regarding the fact of the beating. Law enforcement officers then send him to the emergency room to relieve the beating. With the expert's conclusion, the person returns to the police, where a criminal case is then opened against the offender. The prepared documents are then submitted to the court to resolve the problematic situation.

Both methods of removing beatings are correct. A person can decide for himself how it is easier for him to act.

How to remove a beating in an emergency room without reporting to the police?

If the victim does not want to contact the police and file a report against the offender, she can immediately go to the emergency room or hospital emergency room, where she will be cleared of the beating.

There must always be a doctor on duty at a healthcare facility, who is required to issue a certificate after an examination. Removal of beatings is a free procedure in a public clinic or hospital.

You can resort to the help of a paid clinic, where they can also help relieve beatings. However, you will have to pay for this.

Very important! A person who removes beatings in a paid hospital must definitely keep the receipts, because they will then need to be attached to the application. Having payment documents in hand, the plaintiff will be able to recover the amount of expenses from the defendant.

What to do if you need to relieve the beating, but there is no way to go to the hospital?

There are cases when the injured person after physical violence cannot even get up, let alone go somewhere or go to relieve the beating.

And the victim does not want to go to the police. What should she do in this case, how to record the beatings?

If you need to punish a person, and the victim does not have the opportunity to contact the police or emergency room, she just needs to call an ambulance.

Ambulance specialists also have the right to examine the injured person and prepare a document regarding the removal of the beating.

This method of relieving bodily harm is suitable for those women who suffer from tyrant husbands who beat them half to death.

How long does it take for a beating to be removed?

The legislation of the Russian Federation does not establish time limits for the removal of beatings. However, experts recommend going to the hospital no later than 1-2 days from the moment you experience physical pain.

The sooner the victim seeks medical help, the better it will be for him, because:

he will receive medical assistance in a timely manner;
It will be easier for medical specialists and police officers to determine the date of the beating.

If the injured person hesitates and goes to the emergency room after a few days or weeks, then the traces of the beating may already disappear. And the forensic expert may have difficulty recording the beatings.

However, if the victim complains of headaches, dizziness or other health problems, then this fact must be recorded, diagnosed and a certificate of beating issued.

Which doctor in the clinic should I contact to relieve beatings?

If the victim has reached the serving medical institution, then he has the right to contact the following specialists to relieve the beatings:

surgeon;
local therapist;
doctor on duty at the clinic - if the patient goes to the medical center. institution on a day off.

The victim must have a passport, medical insurance policy, and SNILS with him.

How to remove the beating and write a statement to the police?

If a person does not neglect the help of law enforcement agencies, and wants to punish the offender to the fullest extent of the law, then he must go to the police or call them by calling “102”.

Arriving at the police station, the victim must first tell what happened to him . Then the police officer on duty should invite her to write a statement against the offender.

Having the applicant's document in hand, the law enforcement officer gives him a referral to conduct a forensic medical examination. The victim goes to the emergency room, relieves himself of the beating, and then returns to the police station with a document.

Based on the existing application and the conclusion of a forensic expert, the police initiate a criminal case under Art. 116 of the Criminal Code of the Russian Federation “Beatings”.

After reviewing the documents and interviewing the victim, the case is sent to court for consideration and sentencing against the offender.

What sentence does a person who beat another person face?

It all depends on the severity of the harm caused. If the beating caused physical pain to a person, but did not entail serious consequences, then the perpetrator may be brought to administrative responsibility (fine, administrative arrest or compulsory labor).

If the beatings were inflicted with such force that the victim developed health problems, or the beatings led to the loss of temporary or general ability to work, then the perpetrator will face criminal liability. The maximum sentence is imprisonment up to 2 years .

How to write a statement about beatings?

Many citizens are interested in: “Is it possible to remove a beating and punish the offender without a statement?” It is possible to have a beating removed without a statement if the person immediately goes to a medical facility.

However, if he wants to punish the offender, then after receiving the expert’s opinion (certificate), he will still have to go to court, and there they will not accept his documents without an application.

The police will also not consider or open a case against the offender without a statement. Therefore, there must be a statement. If a person contacts the police, then he writes a standard statement about beating. If the victim goes to court, then she must write a statement of claim.

In order to correctly write a statement to the police, a person must know the following nuances:

The document is written in free form. The information submitted in the application must be presented correctly and clearly.
The application must include the personal details of the victim: full name, date of birth, residential or registration address, passport details, contact phone number so that police officers can contact the applicant.
In the text part of the application, the applicant must clearly and clearly describe the circumstances under which the beating was committed, by whom it was committed and when.
At the end of the document, the applicant must put his signature and the date of the application.

A sample statement of battery is presented below:

To Police Department No. 8 of the Ministry of Internal Affairs of Russia in Omsk Address: Omsk, st. Kupecheskaya, 4 A

From Inna Stanislavovna Zakharova living at:

Omsk, st. Svyato-Nikolaevskaya, 23-54

Source: https://ugolovnyi-expert.com/kak-snyat-poboi/

Where are beatings filmed and how much does it cost?

If your health allows you to independently get to the nearest emergency room, then you should contact the on-duty traumatologist or surgeon there.
If the beating is severe or moderate, you should call Ambulance 03 or police 02. The local police officer who arrives at the scene must call a doctor.

At the emergency room

In government institutions this procedure is free. The certificate can be issued by a surgeon or traumatologist. So, if you go to the emergency room for first aid and relief from beatings, the price for the service will be the time you wait in line.

Paid clinic

Bypassing law enforcement agencies and without using the official referral issued by them, you can, on your own initiative, contact a paid expert institution, where a forensic expert will examine the victim. In large cities, for example, in Moscow, the number of such medical organizations where you can remove beatings for money and get results on the same day is quite large.

When certificates are not taken into account

It is difficult to talk about the degree of qualification of each of these clinics, but in some cases the court simply does not take into account examination certificates as admissible evidence. Thus, the court may have questions if in the inspection report:

the specific location and nature of the marks after the beating are not indicated;
the circumstances of the victim’s injuries are not stated (the certificate should contain a summary of the patient’s story about what happened to him);
the date and time of the examination are not indicated;
The certificate does not contain a doctor's or medical seal. institutions.

The court may call an expert at the request of one of the parties to ask him questions about the examination, or simply not take the certificate into account as evidence of guilt. Therefore, when choosing an institution where to film beatings, you need to carefully approach this issue, analyze reviews, the amount of work performed on the examination, familiarize yourself with the staff of doctors, etc.

How much can a certificate of battery cost?

Depending on how much it cost to remove the beating, the amount spent can be recovered from the accused, including it in the total amount of the claim. Eg:

Minimum cost of honey. examination in Moscow is 3,000 and above .
In regional examination centers, beatings can be removed for about 2,000 rubles .
If photographs of signs of beatings are attached to the report, the price of the examination will be higher.

Where and how to remove beatings, how much it costs, in what time frame, statement of beating | Legal Advice

Last update: 01/30/2020

When to remove beatings, for how long

The ideal period is considered to be 1-2 days from the moment of injury - by this time deep hematomas will appear and at the same time traces of a traumatic nature - for example, scratches - will not yet disappear.

A prompt visit to a medical facility always speaks in favor of the victim. The court may treat victims who apply for examination after a long time with some distrust.

Example: If the application states that the husband brutally beat his wife, who experienced a shock, asks for compensation for the moral suffering caused to her and at the same time turns to doctors a month later - in this situation there is no certainty that the court will take the side of the applicant.

Where are beatings filmed and how much does it cost?

If your health allows you to independently get to the nearest emergency room, then you should contact the on-duty traumatologist or surgeon there.
If the beating is severe or moderate, you should call Ambulance 03 or police 02. The local police officer who arrives at the scene must call a doctor.

At the emergency room

Paid clinic

When certificates are not taken into account

the specific location and nature of the marks after the beating are not indicated;
the circumstances of the victim’s injuries are not stated (the certificate should contain a summary of the patient’s story about what happened to him);
the date and time of the examination are not indicated;
The certificate does not contain a doctor's or medical seal. institutions.

How much can a certificate of battery cost?

Depending on how much it cost to remove the beating, the amount spent can be recovered from the accused, including it in the total amount of the claim. Eg:

Minimum cost of honey. examination in Moscow is 3,000 and above .
In regional examination centers, beatings can be removed for about 2,000 rubles .
If photographs of signs of beatings are attached to the report, the price of the examination will be higher.

Application to court

After the beating has been removed, it is important to correctly write a statement about initiating a criminal case on the fact of the beating in order to be sure that, due to the incorrect preparation of the document, the court will not return it to you.

It is important to know that as of July 14, 2021, changes to the criminal legislation of the Russian Federation came into force, according to which liability for battery occurs if:

they were caused to loved ones (children, grandchildren, spouses and all those listed in the note to Article 116 of the Criminal Code of the Russian Federation);
the beating took place as a result of hooliganism that violated public order;
the beating was caused by a person who has already been brought to administrative responsibility for a similar Fact;
the perpetrator acted on the grounds of national enmity, racial or religious hatred.

In all other cases, criminal liability for bodily injuries that do not result in health problems does not arise.

Sample statement on the fact of beating

To the magistrate of the judicial district No._______________district._____________of the victim________full name________ passport. details__________residence address

_____________tel.

STATEMENT

01/03/2020, at 15:40, while in apartment No.__ of building No.__ on the street __________. _______ I, Ivanova Maria Mikhailovna, born in 1970, was beaten by my husband Ivanov I.I., _____________ (identity information), living _______ (address).

So, after the conflict, Ivanov I.I. caused me the following injuries: he hit me four times with his hand on the cheek, twice on the head, and pushed me to the floor. As a result, I received hematomas of the face, neck, and thigh (I am attaching a certificate of completion of a medical examination).

I ask you to involve Ivanov I.I. to criminal liability under Part 1 of Art. 116 of the Criminal Code of the Russian Federation and accept the case for its proceedings. I enclose the evidence on ____sheets.

List of witnesses who must be called to court:

Petrov R.N. (residence address)
Sidorov L.D. (residence address), etc.

____________ Ivanova M.M. (signature)

On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned.

____________ Ivanova M.M. (signature).

Where to go after the beating is removed

Thus, if you have been assaulted, you can contact:

Magistrate - independently undergo a medical examination and apply to the magistrate, presenting evidence of beating by a specific person;
Police - write a statement to the police, undergo a medical examination as directed, and then wait to be summoned to court, since the district police officer will send the inspection material to the magistrate.

When the beating is committed by one person and not for national reasons, the case of beating is initiated by a magistrate. If you submit an application to the court and attach information confirming the commission of a crime against your health, the judge will issue a decision to accept a criminal case - from this moment the case will be considered initiated.

Many applicants, due to insufficient knowledge about the procedure for initiating criminal cases, turn to the police, which does not at all exclude criminal prosecution against the batterer. The police are obliged to conduct a procedural check on any appeal from citizens, in this regard, and at your request, they will conduct it, but the result will be the sending of the materials to the magistrate for a decision.

It is important to know that when contacting the police, you must be given an official referral for a medical examination, which you will undergo free of charge. In this case, you will not receive a certificate in your hand; it will be sent to law enforcement agencies for inclusion in the material

Exceptions to the procedure for initiating a criminal case for battery

If you do not know the specific person who beat you, the police themselves will decide whether to initiate criminal proceedings. In such circumstances, the victim should contact the police and indicate in the statement that the perpetrator is unknown. The police department will register such a complaint and initiate a case. Only after the investigation is completed will it be sent to court.

For example , a watchman was returning home after his shift early in the morning. A man ran up in one of the courtyards and kicked him in the stomach, punched him several times in the face, and then disappeared. The motives for causing bodily harm by an unknown person are incomprehensible to the watchman; he does not know the details of the offender, since it was the first time in his life that he had seen him.

What to do if the beatings are not removed

If for some reason the beatings are not removed, this does not mean that the perpetrator cannot be punished (see punishment for causing bodily harm of varying degrees of severity).

If you did not have time to document the injuries and the bruises have disappeared, you can submit to the court the testimony of those who saw the abrasions when they were still there.

Confirmation that you were beaten will be the explanations of witnesses (if there are any), as well as indirect circumstances that indicate that you were injured:

your neighbors heard your screams;
a long-term conflict situation with the offender, which someone can confirm;
broken furniture, broken dishes while being in the same room with the criminal, etc.

In short, everything that indicates the fact of violence against you can be presented to the court as evidence. In most cases, such an active position of the injured party leads to voluntary compensation for harm on the part of the accused and the termination of the case.

https://www.youtube.com/watch?v=wsoquyhPRkY

Kupriyanova Vera Nikolaevna

Source: https://juresovet.ru/kak-snyat-poboi-gde-v-kakoj-srok-skolko-stoit-kak-napisat-zayavlenie/

Application to court

It is important to know that as of July 14, 2021, changes to the criminal legislation of the Russian Federation came into force, according to which liability for battery occurs if:

they were caused to loved ones (children, grandchildren, spouses and all those listed in the note to Article 116 of the Criminal Code of the Russian Federation);
the beating took place as a result of hooliganism that violated public order;
the beating was caused by a person who has already been brought to administrative responsibility for a similar Fact;
the perpetrator acted on the grounds of national enmity, racial or religious hatred.

In all other cases, criminal liability for bodily injuries that do not result in health problems does not arise.

Sample statement on the fact of beating

To the magistrate of the judicial district No.__ _____________district of the city ____________ the victim________full name ________ passport. details __________residence address _____________tel.

STATEMENT

I ask you to involve Ivanov I.I. to criminal liability under Part 1 of Art. 116 of the Criminal Code of the Russian Federation and accept the case for its proceedings. I enclose the evidence on ____sheets.

List of witnesses who must be called to court:

Petrov R.N. (residence address)
Sidorov L.D. (residence address), etc.

____________ Ivanova M.M. (signature)

On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned.

____________ Ivanova M.M. (signature).

Procedure for beating: what to do if beaten on the street?

Emergency room. If I was beaten, my actions to punish the criminal must be consistent and properly planned. The first step after a beating is to call an ambulance or go to the hospital (emergency room) yourself. This is also necessary to record the injuries inflicted “without delay”. At the same time, employees of medical institutions must make entries in a special journal and transmit them to the Ministry of Internal Affairs by telephone. Subsequently, before initiating a criminal case, the victim must undergo a forensic medical examination. You will receive a referral for examination immediately after filing a complaint with the police.
Application to initiate a criminal case to the police. The next stage is for people wondering “beaten up in a club, what should I do?” - Direct contact to the police. To do this, you need to write a corresponding statement and submit it to the police department of the Ministry of Internal Affairs in the area where your injury occurred. At the same time, many victims ask the question: “I was beaten, how can I write a statement?” This document must clearly describe all the circumstances of the case (who beat, when and where it happened, a list of beatings inflicted, incentives to beat, etc.). It is also important to correctly formulate the request for an inspection and initiation of a criminal case.
Recovery of compensation for moral damage. After the police investigation and identification of the culprit, the issue of the amount of compensation for moral damages for the injuries and moral suffering caused can be decided. If the victim dies after the beating, the heir of the deceased may file a lawsuit.

Where to go after the beating is removed

Thus, if you have been assaulted, you can contact:

Magistrate - independently undergo a medical examination and apply to the magistrate, presenting evidence of beating by a specific person;
Police - write a statement to the police, undergo a medical examination as directed, and then wait to be summoned to court, since the district police officer will send the inspection material to the magistrate.

It is important to know that when contacting the police, you must be given an official referral for a medical examination, which you will undergo free of charge. In this case, you will not receive a certificate in your hand; it will be sent to law enforcement agencies for inclusion in the material

Exceptions to the procedure for initiating a criminal case for battery

Where to film a beating in Novosibirsk

Making a statement Immediately after the beating, you must contact the police department to file a statement.

Based on the accepted application, the investigator initiates a criminal case, after which a referral is issued to undergo a medical examination.

When submitting an application, you should remember that Article 116 of the Criminal Code of the Russian Federation has undergone changes in 2021. Therefore, now you can count on punishing a criminal only in the following cases:

the beatings were inflicted by loved ones;
the beating occurred during the commission of public order with hooligan actions of the offender;
the offender has previously been brought to justice;
the beatings were inflicted as a result of interracial hostility and other nationalist actions.

In the statement, it is important to indicate everything in detail, all the actions of the criminal, so that in the future they are as consistent as possible with the results of the examination.

Forbidden

Typically, in these cases, they call a team of emergency doctors, or go to a clinic for outpatient or inpatient treatment. Article 113.

Infliction of grievous or moderate harm to health in a state of passion Intentional infliction of grievous or moderate harm to health, committed in a state of sudden strong emotional excitement (affect) caused by violence, bullying or grave insult on the part of the victim or other illegal or immoral actions (inaction) the victim, as well as a long-term psychologically traumatic situation that arose in connection with the systematic illegal or immoral behavior of the victim - is punishable by correctional labor for a term of up to two years, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same period.

Where can I film the beating?

You can also call a forensic expert home for a fee and document the beatings during a full examination. What should I do if the beatings are not removed, but I want to file a complaint? If the beatings were not removed in time, then you need to write a statement to the police with the involvement of witnesses, if any. This must be indicated in the application.

Where to film beatings | where can beatings be recorded?

Important But the main feature of beatings is precisely the absence of any physical harm caused to the victim’s health. At the same time, one should understand the difference between physical suffering (a key feature of beatings) and physical harm to health. Those.

The victim of beating experiences physical pain, but without harm to health. This rule is directly stated in the text of the article, which means that if harm to health is established, then this will be a completely different article.

It is for this reason that many citizens who film beatings are told that this is in fact not beating, but causing minor harm to health (as we noted, these are two mutually exclusive articles), which is a more serious crime.

Naturally, the specialist involved in examining the victim must record this fact and bring the latter up to date.

And at the same time, she constantly beats him and tortures him, and he endures all the torture and is afraid to make a sound... How can you prove that your husband beat you? If this misfortune does happen to you, or, even worse, happens systematically, you just need to know how to properly remove the beating. The main principle here is not to delay. The longer you put things off, the less likely you are to hold the tyrant accountable for what he has done. Remember that if all the bruises and abrasions disappear, then nothing will be proven.

So, where should you go to film beatings? The first thing you need to do is go to the clinic. The doctor on duty is obliged to inform law enforcement agencies that you have suffered bodily harm that is of a criminal nature (i.e., someone beat you). This procedure is regulated by law - the doctor reports to the police, they register the call, draw up a report, and a local police officer comes to your home.

What to do if the beatings are not removed

If for some reason the beatings are not removed, this does not mean that the perpetrator cannot be punished (see punishment for causing bodily harm of varying degrees of severity). If you did not have time to document the injuries and the bruises have disappeared, you can submit to the court the testimony of those who saw the abrasions when they were still there. Confirmation that you were beaten will be the explanations of witnesses (if there are any), as well as indirect circumstances that indicate that you were injured:

your neighbors heard your screams;
a long-term conflict situation with the offender, which someone can confirm;
broken furniture, broken dishes while being in the same room with the criminal, etc.

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.