Time limits for considering a complaint to the police about assault

What is beating

Battery is a criminal act that involves causing bodily harm that causes harm to human health. For example, frequently repeated blows with hands, feet, blunt objects, biting, pinching, scratching, thermal effects on the skin.

Batterings are classified according to severity:

1. Easy. Short-term health disorder (bruises, scratches, cuts, hematomas) and loss of ability to work to a minor extent.
2. Average. A health disorder after which the recovery period of the body is more than 21 days, loss of general ability to work.
3. Heavy. A health disorder that results in complete loss of ability to work for 4 weeks.

To confirm the injuries sustained, the victim must visit a hospital or forensic department. Passing a medical examination is mandatory, even if there are no obvious signs of beating on the victim’s body. The specialist will record headaches, nausea, fatigue and other symptoms.

The punishment the judge imposes on the accused depends on the severity of the beating.

Therefore, during a medical examination of the victim, the specialist pays attention to the following signs of damage:

• danger to life;
• duration of disability;
• termination of pregnancy at any stage;
• the appearance of mental disorders;
• facial disfigurement;
• loss of hearing, speech.

Only after a thorough examination does the specialist issue a report to the victim on the severity of the blows inflicted.

What to do if a complaint is filed against you

Your further actions will depend on whether you actually committed this crime or not. Also, the details of the incident will be useful - was there any provocation on the part of the “victims”, illegal crossing of the boundaries of your property, etc. The cases when you returned home and beat your wife for a poorly heated dinner, and when you kicked uninvited guests out the door (and they did not want to leave) will be completely different both in the nature of your further actions and in the accusations against you. However, both of these sins are equated to criminal actions - you need to remember this and not stoop to such baseness.

However, if you do receive a “chain letter” in the mail, remember what exactly happened.

You could:

• Really cause harm to a person - no matter how small, even if it is a scratch;
• Caused minor harm unintentionally and once;
• Do not cause any blows or harm - in this case, the statement against you cannot be valid, and the accusation is clearly fabricated;
• Receiving a beating yourself as a result of a mess may give you the right to file a counterclaim for them.

The first thing to do is to enlist the support of a lawyer, witnesses and experts . If you are firmly convinced that you did not commit illegal actions (this does not include the point that you simply fought back - beatings, they are beatings), you do not need to admit your guilt. It is better to involve those who witnessed what was happening (at least two), and also do not sign anything without an official representative. Once you sign for something in front of government officials, it will be very difficult to reverse it . Insist on an independent examination of the nature of the injuries (if any) from the person who filed the claim against you. The police and the court are obliged to accept the results of medical examinations.

If, nevertheless, you are to blame, the best way is not to deny what happened . Typically, beatings occur under the influence of alcohol or other substances, so your image in the eyes of the judge will initially be unflattering. If the person who suffered at your hands has provided his witnesses, then only an admission of your guilt can somewhat soften the future punishment. In some cases, it is also possible to reach an agreement “on the shore” - to agree to a peaceful resolution of the conflict. Under no circumstances put pressure on the victim, do not threaten her, and express your regret about what happened.

What is considered a crime

Article 116 of the Criminal Code of the Russian Federation states that attacks committed for the purpose of moral humiliation of a person based on political or religious views, for hooligan reasons, for a similar administrative violation or already existing as part of a criminal case, are considered crimes.

For example, M. struck 5 blows in the face of a previously acquaintance L. The victim fell to the ground, M. approached, hit L. in the chest area and fled the scene of the crime. M.’s actions are qualified as beatings under Article 116 of the Criminal Code of the Russian Federation for intentional infliction of harm to health.

A slap, slap and other manifestations of physical aggression, the consequences of which cannot be detected or were committed unintentionally, are considered torture under Article 117 of the Criminal Code of the Russian Federation.

Battery is often confused with other illegal actions that cause serious harm to health. For example, for the purpose of education, a father beats a child with a belt. This is a different type of crime, which is considered under Articles 111, 112, 115 of the Criminal Code of the Russian Federation.

Battery - the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation?

Today in Russia there are rules on liability for beatings in both administrative and criminal legislation. In the Code of Administrative Offenses of the Russian Federation this is Article 6.1.1, and in the criminal law - Articles 116 and 116.1 of the Criminal Code of the Russian Federation. The application of a particular article to the culprit depends on the specific circumstances of the case, and now we will help you figure it out in simple and accessible language.

In order to decide under which article - criminal or administrative - a case of beatings will be opened, you need to remember the following:

• According to Article 116 of the Criminal Code of the Russian Federation, liability for beatings occurs only if they were committed out of hooligan motives (for example, the classic, “Hey, can’t you find a cigarette?!”), as well as for reasons of political, ideological, racial, national or religious hatred or enmity or on grounds of hatred or enmity towards any social group.
• According to Article 116.1 of the Criminal Code of the Russian Federation, liability for beatings occurs only in relation to a person who, at the time of the beating, has already been subjected to administrative punishment under Art. 6.1.1 Code of Administrative Offenses of the Russian Federation. At the same time, the citizen is considered subject to administrative punishment within 1 year after the execution of the punishment (Article 4.6 of the Code of Administrative Offenses of the Russian Federation).
• In all other cases, battery will be qualified under Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation.

In most cases, it is unlikely that the offender will be sent to prison for assault, because, according to Art. 116 and 116.1 of the Criminal Code of the Russian Federation, punishment in the form of imprisonment is almost never imposed. Most often, under these articles in their new edition, they are given a fine, compulsory labor, or restriction of freedom.

As for Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation, under it the culprit may face an administrative fine of 5 to 30 thousand rubles, arrest from 10 to 15 days, or compulsory labor for a period of 60 to 120 hours.

Rights of the injured party

Cases of beatings are heard by a magistrate's court, where the victim acts as a private prosecutor.

His rights include:

• get acquainted with new circumstances of the case;
• provide evidence and participate in its research;
• express your own opinion on the issues of the case;
• propose the imposition of criminal punishment for the defendant;
• support the accusation;
• appeal the verdict.

Contacting the police

The victim writes a statement to the police.
After the beating, the victim either goes to the police station located next to the crime scene and writes a statement there, or calls phone number 02, reporting what happened.

In the first case, an adult citizen independently writes a statement in which he clearly and clearly talks about what happened. Next, employees of the Ministry of Internal Affairs issue a referral to undergo a free medical examination, after which the victim receives a document confirming the fact of causing physical harm. The victim is waiting for several days to be summoned to court, where all the materials on this case have been sent.

If at the time of the beating the victim is under 18 years of age, or for physical or psychological reasons he is unable to file a statement on his own, then it is written by a trustee, attending physician or police officer.

If the victim cannot submit a statement in writing, then the police officers independently draw up a report based on his words. The document must be certified by a signature confirming everything said.

When contacting the police by phone, the victim tells about the situation that happened, says his location and waits for the police to arrive. If he requires medical assistance, then this should be mentioned when talking to the police operator, then the victim will call an ambulance.

Use the sample to write a statement to the police about beating.

How to correctly write a complaint about a beating

Current legislation does not impose any mandatory requirements for completing an application. And although the police have the appropriate forms in the established form, which can be issued when applying there, writing a statement in free form is not a basis for refusal.

However, in order to make a positive decision as quickly as possible, it is necessary to adhere to certain rules when drawing up the document.

Instructions and sample complaint to the police about beating

The application must be submitted in writing.

First, its “cap” is designed in the upper right corner. It contains the following information:

• name of the department of internal affairs where the document is submitted;
• information about the applicant (full name, date of birth, address).

Then the word “Statement” is written in the middle of the sheet.

Next, the victim describes the details and essence of what happened. It is necessary to briefly and concisely describe the following:

• time and place of the incident;
• the number of people who took part in the beating;
• information about the identity of the offender (if known);
• the fact of seeking medical help, if any;
• information about available witnesses.

The application must include a note indicating that the person has been warned of liability for false denunciation.
Let us recall that its occurrence is provided for in Art. 306 of the Criminal Code of the Russian Federation. At the end of the application, the applicant’s personal signature and the date of drawing up the document are affixed.

Who certifies the document

The authenticity of the above is certified by the applicant himself in the form of signing the document.

In some cases, it is possible to submit an application on behalf of the victim by a representative of the victim. In this case, the document is signed by him, but only if he has a power of attorney or a lawyer's order.

If violence is committed against a minor, then the application is submitted and certified by his legal representatives. A document confirming this fact must be attached. For example, the birth certificate of the injured person.

How to properly file a police report

A statement is the first step in catching a criminal, so the sooner it is filed, the better. Victims can write freely about what happened or tell it orally. If controversial situations arise, a self-written statement serves as a guarantee of safety, so it will be better if the victims do it themselves. Police departments always have a sample on which to draw up a statement, or you can.

A police officer is required to accept any allegation of an offence.

It is better to print out an application written at home. Then take it to the police and wait for a call from the court.

Structure and pattern

A correctly written statement looks like this:

1. In the upper right corner of the sheet indicate the duty department to which the application is submitted, or the first head of the police department (his position, rank, full name).
2. Below you must write the name of the victim, his year of birth, telephone number and residential address, because The police may not accept anonymous reports.
3. In the middle is the word “Statement”.
4. Then, in short and clear sentences, they describe the location of the incident, time, number of people, etc. This is important information that will help the investigation. It is not necessary to qualify a crime.
5. Below they add “Warned of liability under Art. 306 of the Criminal Code of the Russian Federation for knowingly false denunciation.” The proposal would remove the ability for a police officer to reject a complaint for defamation.
6. At the end is the date of writing, next to it is a signature with a transcript.

General rules for filing a police report.

Deadlines for submission and review

A statement about beatings is submitted 2-3 days after the incident. Evidence of injury is a recorded conclusion from a forensic medical examination, made no later than 3 weeks from the date of the incident.

The application is considered within 3 days from the date of submission. Afterwards, a response must be received about the initiation of a criminal case or its refusal. In exceptional cases, the waiting period is increased to 30 days. If the injured party does not agree with the decision, it can be appealed.

To control the deadline, submit documents to receive a special coupon. This procedure takes from 1 to 3 hours.

State duty amount

When compensating for moral damage, the amount of the state duty depends on which court the victim applies to, as well as on the status of the applicant.

The following persons acting as defendants are exempt from paying state duty:

• disabled people of groups I and II;
• veterans of the Great Patriotic War, military operations, military service;
• pensioners.

Algorithm of actions if the police refused to accept your application.

How to make an application

The legislation does not establish a clear template for such statements. Therefore, it is written in free form, observing certain formalities. In particular, a margin of about 2 cm wide is left on the left side of the sheet for filing. The application must contain the following information:

• the name of the body to which the victim applies;
• passport details and methods of contacting the victim;
• if the culprit of the beating is known, his details are indicated: name, surname, place of residence, method of finding, etc.;
• description of all circumstances of the incident;
• if the incident had witnesses, this fact should be indicated, as well as their names and methods of communication;
• the requirements of the victim regarding this fact, stated in the form of a request.

Example of an application for assault

The text of the application should be correctly placed on a standard sheet of paper:

• The address part is written in the upper right part of the document. It indicates the name of the magistrate's court or district police station to which you are applying. The passport details of the victim and methods of contacting him are also indicated below, this could be a telephone number, email address, etc.;
• Below, in the center, you need to write the name of the document: “Application”;
• Below, on the red line, the main part of the statement is written. It should describe in as much detail as possible all the circumstances of the incident. You should start with the date and time of events. Particular attention should be paid to the question of how many blows were struck, in what parts of the body, what the offender hit you with, and the consequences. You should not be shy in describing your suffering - you want to achieve punishment for the criminal, you need to strive to win over the body you are contacting. After describing the incident, your requirements are stated within the main body;
• on the left side of the sheet is the date of filing the application, and on the right side is the applicant’s signature with a transcript;
• Below is a list of documents attached to the application.

A criminal case for assault can be initiated only if there were motives for hooliganism or hatred on racial, religious, political and other similar grounds. The presence of such motives must be indicated in the application. Otherwise, beatings will be considered an administrative offense.

The second possibility of bringing the person who committed the beatings to criminal liability is the fact that he has already been brought to administrative responsibility.

Note!

The application must be accompanied by a medical examination report containing data on the injuries caused to you. A referral for this examination should be obtained from the police.

Until a court decision is made, the victim can withdraw the application and the case will be dismissed, since the parties have reconciled.

The application and all attachments to it are submitted in a number of copies equal to the number of parties to the case.

Failure cases and reasons

According to Article 144 of the Code of Criminal Procedure of the Russian Federation, the police are obliged to accept reports of crimes and other offenses regardless of time and place. But cases of refusal are not uncommon, so in such a situation they act as follows.

They call phone number 02, explaining the situation.

If the police officer continues to refuse to accept the application, then they contact the fire department and submit the application there. The Order “On a Unified Record of Crimes” gives firefighters the right to accept a statement and officially transfer it to the police department.

They also write a complaint to the prosecutor's office, describing in detail what happened. Indicate the full name of the employee who did not accept the application, his position and title. Sanctions will be applied to him in the form of dismissal or criminal prosecution.

The only reason why a police officer can refuse to accept an application without contradicting the law of the Russian Federation is if the statute of limitations for the crime has expired.

The path to submit your statement to the police.