What does a father face for beating a minor child? Punishment for beating children: what is provided for by the Criminal Code of the Russian Federation. Punishment for beating children

Currently, unfortunately, cases of mental and physical violence against minors are not uncommon. One of its forms is beating, beating, and torturing the victim. As a rule, conflict situations arise in educational institutions (kindergarten, school) and in the company of other minors.

In this publication, we will determine what the threat (amount and type of liability) is for beating minors, the procedure for filing and considering an application regarding this fact.

How much do they give for beating minors under the article of the Criminal Code of the Russian Federation?

The type and amount of liability for beating a person under 18 depends on the type of crime.

All crimes encroaching on the life and health of minors associated with beatings can be divided into 3 types:

• beatings;
• causing harm to health of varying severity;
• torture.

Important! Battery is the mildest crime of the above, characterized by single or repeated blows that cause pain, which do not lead to impairment of health and loss of ability to work.

This offense without qualifying criteria (special circumstances) may entail:

• fine - up to 40,000.00 rubles or in the amount of the defendant’s earnings for up to 3 months;
• compulsory work - up to 360 hours;
• correctional labor - up to 6 months;
• arrest - up to 3 months.

If these actions are committed out of hooligan motives or motivated by racial, political, national, ideological or religious enmity or hatred, or motivated by enmity or hatred against any social group, then the punishment is as follows:

• compulsory work up to 360 hours;
• correctional labor for up to 1 year;
• restriction of freedom up to 2 years;
• forced labor for up to 2 years;
• arrest up to 6 months;
• imprisonment for up to 2 years.

Important! Torture is a crime characterized by the systematic infliction of physical or mental suffering.

Such actions in the absence of qualifying signs entail:

• restriction of freedom - up to 3 years;
• forced labor - up to 3 years;
• imprisonment - up to 3 years.

If these acts were carried out in relation to two or more persons; a minor or a person in a helpless state or in financial or other dependence on the perpetrator, motivated by ideological, political, national, racial or religious enmity or hatred, then punishment may be imposed in the form of imprisonment for a term of 3 to 7 years.

Important! Causing harm to health is a crime that is expressed in the commission of physical violence against the victim, resulting in temporary health problems and loss of ability to work.

Liability for causing harm to health is established depending on the severity:

• minor harm to health (Article 115 of the Criminal Code of the Russian Federation);
• moderate harm to health (Article 112 of the Criminal Code F);
• grievous harm to health (Article 111 of the Criminal Code of the Russian Federation).

The severity of harm to health is determined by a forensic medical expert.

How to prosecute for beating a minor?

First, it is necessary to highlight all the options for influencing the perpetrators of harm, and then describe the procedure for contacting law enforcement agencies in order to file a statement regarding the commission of a crime.

The procedure for action in this case depends on the person from whom the conflict emanates. Most often this is either another minor or a teacher or an adult.

Important! If the instigator is another minor, then the easiest way to try to resolve such a situation is to conduct a preventive conversation with the participation of both parties to the conflict and their parents, an educational psychologist.

If minors are studying in different educational institutions, then you can submit an application with a request to conduct a preventive conversation with the child and parents directly to the commission on minors’ affairs.

If you are concerned about the situation and the child has suffered significant bodily harm, or if you want to teach the instigator a lesson, you can file a complaint about this fact with law enforcement agencies, in particular the police.

However, if the child has not reached the age of 16, police officers will decide to refuse to initiate a criminal case due to the lack of corpus delicti, namely the subject of the crime. But the refusal to initiate a case is sent to the commission on juvenile affairs. The child will be registered as a dysfunctional minor or the entire family as a dysfunctional family and will be periodically invited to the commission for a preventive conversation, as well as to examine living conditions. In addition, the parents of a minor will likely be held accountable for improper (failure to fulfill) parental responsibilities.

Important! Material damage and moral damage caused by a crime can be recovered from the parents of a minor.

In practice, there are cases of beating of minors by teaching staff.

In such a situation, there are several options for influencing a negligent employee of an educational institution, which can be carried out both comprehensively and separately:

• preventive conversation;
• contacting the police;
• demand for the dismissal of a teaching employee.

You can apply for the dismissal of the guilty employee to the director or directly to the education department, since even a one-time incident of assault is grounds for the dismissal of a teaching employee.

Procedure for contacting the police regarding the beating of a child

The procedure for filing and considering an application for beating depends on the type of crime, which were indicated above.

It should be emphasized that beatings and infliction of minor bodily harm are matters of private prosecution, and therefore are initiated only at the request of the victim or his legal representative. Torture and other types of bodily harm are matters of public prosecution, so filing a statement is not necessary to initiate a case. Another document may also serve as a basis: a message from the guardianship and trusteeship authorities or a school, or a report from a police officer on identifying signs of a crime.

Important! If you file a complaint regarding beatings, you can submit it either to the police or directly to the court.

A statement to the police is filed if the personal information of the person who caused the beating is not known. If they are known, then you can immediately go to court.

A statement to the police regarding beatings (causing minor harm to health) must contain a description of the essence of the situation, as well as the personal and passport details of the applicant.

An application to the court for beatings (causing minor harm to health) must contain:

• name of the court and its address,
• the event of the crime, its time, place and circumstances of commission,
• request for acceptance of materials for production,
• personal and passport details of the victim,
• personal information of the suspect,
• list of witnesses called, signature of the applicant.

Important! Attached to the document are copies of materials for the suspect. The statement makes a note that the victim is aware of the liability for false denunciation.

Torture and infliction of moderate and serious harm to health is not a matter of private prosecution, unlike beatings (minor harm to health), the accusation is of a public nature, therefore in such cases it is necessary to contact the police.

Important! An application to the police department regarding the above crimes is submitted in any form, but it is necessary to indicate the contact and passport details of the applicant, describe the crime event (date, time, place, alleged criminal) and make a note that the applicant has been notified that that a false denunciation entails liability for Art. 306 of the Criminal Code of the Russian Federation.

Based on the results of consideration of the application, within 3-10 days the investigator (inquiry officer) initiates a criminal case or issues a decision to refuse to initiate a criminal case, which can be appealed to the prosecutor's office.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

In the criminal legislation of our country there is an article for beating a person and a term that determines the degree of punishment.

The concept of “beating a person” is complex, because the legislator combined several articles in it, each of which prescribes a punishment depending on the severity of the harm caused.

The most common cases of physical injury to the victim occur in the form of beatings.

What articles in the Russian Federation punish for beating a person?

Inflicting physical suffering on a person, no matter in what form it appears, is aimed primarily at intimidating or putting pressure on the injured party.

The Criminal Code contains several articles that contain qualifying signs of beating.

When establishing a preventive measure, a key role is played by what kind of harm the victim received from violent acts: for example, a person can hit a neighbor several times as a result of a domestic quarrel. If he controls his emotions and stops at a few blows, the court may limit him to a fine.

Accordingly, if it comes to bodily harm, the justice authority will have compelling reasons for deprivation of liberty, for example, under Art. 112 of the Criminal Code.

The list of articles from the Criminal Code under which a judicial authority can make a guilty verdict for beating a person:

1. Art. 112 of the Criminal Code characterizes beatings accompanied by the infliction of moderate harm to the health of the injured party. It is worth noting that this article has nothing to do with assault resulting from family quarrels or other less dangerous actions. Violent actions under Art. 112 must be accompanied by a significant loss of stamina, as well as a serious impairment of the physical condition of the victim.
2. The greatest degree of public danger is represented by beatings with grave consequences. In Art. 111 of the Criminal Code for such acts can be imprisoned for up to 8 years.
3. Beating a person can result in minor harm to health. In Art. 115 of the Criminal Code, the legislator identifies as a qualifying criterion the concept of “minor loss of ability to work,” in which the health of the victim receives injuries that are not life-threatening.
4. The last article, which is also related to violent actions, is Art. 116 of the Criminal Code, which explains the concept of “beatings”. Unlike previous crimes, beatings do not cause significant harm to the human body, but only lead to psychological depression. A banal blow to the face, as it seems to many citizens, is not considered beating. So that the court has grounds to impose punishment under Art. 116 of the Criminal Code, a systematic or quantitative side is needed in the actions of the subject.

Article for beating a minor child

Committing violent acts against minors has always been regarded as an aggravating circumstance, regardless of the type of illegal act.

In the overwhelming majority of cases, beating of children stems from family conflicts, where parents sometimes go beyond the boundaries of their educational function and cause varying degrees of harm to children.

What will happen to those individuals who are involved in assault against minors?

Judicial practice in cases involving the use of violence against minors confirms the fact that not all persons are brought to justice. Much more often, parents or other parties manage to escape punishment due to insufficient evidence.

Note: according to Art. 112 of the Criminal Code, in combination with aggravating circumstances (including a minor), provides for a punishment of up to 5 years in prison.

A husband beat his wife - what threatens him?

The complete absence of family conflicts is a model for an ideal modern married couple. Unfortunately, in real life, spouses often enter a conflict zone, where sometimes they cannot get out without violence.

The first and most common article under which courts have to qualify the actions of a spouse is Art. 116 of the Criminal Code.

Practice shows that due to missed deadlines for contacting law enforcement agencies, victims lose the lion's share of evidence.

Good to know: the wife, being the victim, is obliged to undergo a medical examination in order to establish the circumstances of the injuries, as well as to determine the degree of damage to the body. In case of late treatment, bruises and abrasions on the body may disappear, which will automatically hide important evidence of the husband’s involvement in the beating.

Of course, this omission does not apply to serious injuries. When the target of an attack receives significant damage, it cannot be done without the intervention of doctors. In turn, the injuries recorded by the representative of the medical institution will be powerful arguments for establishing the real circumstances of the incident.

Meanwhile, domestic conflicts that lead to beatings without serious damage to health, in most cases end with the conclusion of a settlement agreement.

Article of the Criminal Code of the Russian Federation for group beating

Actions expressed by the use of force can be provoked either by one person or by a certain group consisting of several subjects.

Group violence in Russia is always regarded as a reason for tougher punishment.

Indeed, harm caused by the efforts of several people can cause more dangerous consequences for the victim than individual actions.

Most often, beating by a group of people occurs as a result of a fight in a public place or during an attack on a food outlet.

To make it easier for the reader to understand the essence of group violence, we present a table that will indicate the punishment for an ordinary beating and with the participation of several persons.

What is the penalty for light battery?

Beatings, in which the injured party can get away with only psychological pressure, according to the provisions of Art. 116 of the Criminal Code are punishable by:

1. Performing mandatory work – up to 360 hours.
2. Restriction of freedom – up to 2 years.
3. Also, the accused can be arrested for up to 6 months.
4. The maximum penalty that can be imposed for ordinary beatings is imprisonment for up to 2 years.

Moderate battery article

Harm assessed as moderate severity presupposes the application of more severe penalties against the perpetrators.

In Article 112 of the Criminal Code, the legislator notes that injuries as a result of which a person received a long-term disorder and loss of general ability to work should be qualified as harm of moderate severity.

Depending on the circumstances of the beating, the judge may impose the following punishment:

1. The offender may be limited to forced labor for up to 3 years.
2. Arrest up to 6 months.
3. Restriction of freedom – up to 3 years.
4. The maximum preventive measure is imprisonment for up to 3 years.

It is worth noting: if there are aggravating circumstances (for example, a group of people participated in the attack), the judicial authority has the right to increase the punishment and imprisonment for up to 5 years.

What will happen to beating a person and stealing?

Quite common are cases where physical injuries inflicted on the victim are accompanied by secret theft of property.

Sometimes criminals can cause serious injuries if a person, after seeing the theft, strongly resists.

When establishing an objective measure of punishment, the judge must first of all take into account that, in addition to bodily injuries, the perpetrator made an attempt to secretly seize property.

Considering the dual nature of socially dangerous actions, in this case there is room for imposing a preventive measure for a set of crimes (Article 89 of the Criminal Code of the Russian Federation). What does a thief have to look forward to?

The specific punishment for two crimes depends on the circumstances: for example, a man decided to steal money from a saleswoman’s bag, but when he was already pulling out her wallet, the woman began to resist, and as a result, the thief struck her several times.

The victim's health was not seriously damaged, but the blows inflicted put pressure on her psyche. In such cases, judges usually limit themselves to a fine of up to 200,000 thousand.

Criminal liability for battery with risk to life

The beating of a person, which was carried out to the point of causing life-threatening injuries, contains the greatest share of public danger compared to all other cases of beatings.

In this case, the Criminal Code defines serious harm as disruption of the functioning of a vital organ, loss of speech, hearing and vision.

An important qualifying feature is that the total harm must completely or more than a third deprive the total capacity for work.

Sanction Art. 111 of the Criminal Code guarantees imprisonment for up to 8 years for a person found guilty.

If children or another category of helpless persons suffered from the use of physical force, the judge may impose up to 10 years in prison.

Article for beating police officers and authorities

The legislator singled out violent actions against law enforcement officers from the group of crimes against the individual and included them in the chapter of socially dangerous acts that are directed against the authorities as a whole.

A person who decides to encroach on the interests of a civil servant can be punished on the basis of the disposition of Art. 318 CC.

It notes the unlawful nature of violence or the threat of force against employees who perform a state function to ensure order in the provided territory.

So, the punishment under Art. 318 CC:

1. The subject may be limited to a fine of up to 200,000 thousand rubles.
2. Arrest up to 6 months.
3. If the beatings were significant, the judge can imprison you for up to 5 years.

Note: if there is a threat to life from the actions of the criminal, the punishment is increased by widowhood (up to 10 years in prison).

Article for beating a pregnant woman

A person who wants to throw out his negative emotions by beating him sometimes cannot stop even in front of a pregnant woman.

Force used against a pregnant woman is always considered an aggravating circumstance, since pregnancy makes the victim helpless.

The first mention of the status of a pregnant woman is contained in the disposition of Art. 111 of the Criminal Code. It provides for the concept of “termination of pregnancy,” which is regarded as grave harm.

If a woman was systematically beaten, but at the same time she saved the child, then under Art. 117 of the Criminal Code, the culprit will be punished with imprisonment from 3 to 7 years.

Responsibility of minors for beating a person

Crimes in which minors are found guilty are considered by the courts using a number of legislative nuances.

According to the provisions of Art. 89 of the Criminal Code, when assigning a certain punishment, it is necessary to take into account the level of mental development of the subject, as well as the social environment in which he grew up.

Take note: The procedure for releasing a minor from punishment involves reducing the statute of limitations by half.

When assigning a certain type of punishment, the age of the minor plays a decisive role. Some citizens think that they can be sent to prison even from the age of 13. In relation to the norms of the Criminal Code of our country, this idea is erroneous (persons under 14 years of age are considered minors).

Responsibility for general crimes arises from the age of 16. That is, in fact, a 17-year-old boy, although not fully an adult, will still be held accountable.

According to the law, beatings that result in minor or moderate harm are not grounds for depriving a minor of liberty. However, when serious injuries are caused, the subject is punished on a general basis.

Conclusion

Thus, domestic criminal legislation suppresses any violence against citizens by imposing punishment up to imprisonment. How many years a criminal will receive for his illegal act depends primarily on the extent of the injuries inflicted.

Just one “educational” blow can cause serious health problems. Increasingly, the media are talking about cases where, in the course of “upbringing,” parents who cannot control themselves maim or even kill their children.

Beating a child by his parents

Often in response to an allegation of child abuse parents motivate their actions by the accepted method of education. And they refer to traditions accepted in the family, according to which disciplinary measures against the offender may imply physical punishment.

They consider torn hair, bruises and hematomas to be the norm. However, the law, which has become quite friendly to spanking on the street or at home, is still strict in relation to parents who regularly beat their children.

For beating a minor that caused physical pain, but did not cause health problems, and compulsory community service. The fact of family relations is not significant here.

Battery is a blow inflicted intentionally that causes physical pain.

To prove the fact of beatings, a forensic expert can record:

1. bruises (usually on soft tissues);
2. bruises and bruises;
3. superficial abrasions, wounds, hematomas.

Important: Violent actions against children also include tying up, restricting freedom in a cramped enclosed space, prolonged kneeling, especially on peas (there are also those among supporters of “traditional methods of education” who use such a barbaric method of punishment).

Differences between physical abuse and torture

Education using physical force cannot be considered beating. Disciplinary measures that involve striking for certain offenses are considered acceptable by some. Moreover, among the supporters of such methods there are even teachers and law enforcement officers.

It is believed that a child should clearly understand why this kind of punishment awaits him, and not live in constant fear that he will be hit, or even beaten.

The effectiveness of this method of education is highly questionable. If the law protects the physical integrity of citizens, then on what basis can it be violated in relation to the youngest Russians?

The usefulness of this method, which only convinces the child that the one who is stronger is right, also raises doubts. Paradox: a slap, a slap on the head, or a blow from a boss for a job done incorrectly will be perceived by any subordinate as, at best, an insult. But the same subordinate will consider it normal to hit his son for unfinished homework or a bad grade.

Supporters of physical punishment, no matter what family values ​​they refer to, are simply unable to apply other methods of education, are not smart and educated enough to establish a relationship with a child without causing him pain.

The consequences of even one blow can be very disastrous.

• The child withdraws into himself and does everything to prevent his parents from finding out about his misdeeds.
• There is growing distrust in the world, the family, and the state, which is unable to protect.
• The pain inflicted on a child in a family, in a home where he considered himself safe, makes him realize his own defenselessness against brute force and begin to either learn to respond to aggression with aggression, or to lie, dodge, hide information for which he can be punished, in any way. including illegal methods.

What is the penalty for beating children?

Many parents believe that the choice of educational measures is entirely their business. Whether or not they beat children should not be anyone's business. However, when it comes to cruelty, the law stands up to protect the interests of the child.

Moreover, punishment is different from punishment. If the mental state suffers, if the child ends up in a hospital bed, the unfortunate “educator” will also face punishment.

What laws govern it?

Reasons and motives

Among the reasons why parents physically punish a child or minor are family traditions of education, inability to cope with other methods of influence, uncontrollability of a son or daughter.

However, most often the root of the problem is the incompetence of mothers and fathers, inability to educate or unwillingness to fulfill the responsibilities of raising children. Often they take it out on children for failures at work and in their personal lives, considering them to be the culprits of all troubles.

Most often, beatings are inflicted on children under 5 years of age: the child is obviously helpless, he does not yet understand where and how to turn for help, or who to tell about the fact that he is being beaten.

Sometimes such children do not even know how to speak, or they have been told that it is shameful and forbidden to talk about such things with strangers, or minors are intimidated and are afraid of more serious punishment if they let slip about where they got the bruises.

As a rule, already at school, where children are in front of many strangers - peers, teachers, psychologists, it becomes impossible to hide the truth. Kids are already able to correctly assess the mood of their parents and the level of threat, run away, hide, and call for help.

Bruises and abrasions will certainly attract attention, and the student himself is able to talk frankly with the teacher. That is why the very facts of beatings of school-age children become known more often, but offenses and crimes against them occur less often in families.

Right to defense

Like every citizen of our country, a child has the right to protection. His interests can be represented by children’s rights ombudsmen, social educators, teachers, employees of guardianship authorities, departments for minors’ affairs and the protection of their rights,

No parent should think that the little man they born is completely theirs and they can do whatever they want with it.

Both the victim himself and neighbors and school employees can report an offense and demand the intervention of law enforcement agencies in a situation that threatens life and health.

Beaten by father

The child takes punishment from the father for granted, but what is worse is that the mother, the other person in her family, considers violence to be the norm and does not consider it necessary or is simply afraid to report the beatings. In this case, the testimony of witnesses and teachers, whose responsibilities also include protecting the child, is valuable.

Babysitter beating

It is not always possible to immediately notice the fact of beating, or even systematic beating of a child by a nanny. The baby will be afraid to say where he got the bruises; the nanny herself may intimidate him, saying that the parents will punish him in the same way for what he did.

Important! Parents are obliged to be vigilant, pay close attention to the appearance of wounds and bruises on the child’s body, and thoroughly find out where they came from. Rough treatment of a small child is simply unacceptable.

Conclusion

Or minors should not become the norm in any family. Each parent is responsible for the life, mental and physical health of their child.

But society as a whole is responsible for each of its young citizens, so parents who are aggressors should not get away with cruelty to children, beatings and torture.

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