For what it is necessary to write a statement about the beating

Some people prefer to solve any issues solely from a position of strength. But physical impact does not always achieve the desired result. Most often it turns out quite the opposite. A timely statement about the beatings could even hurt the "justice seeker" himself.

How to respond to beatings

If one of the parties in the resolution of the conflict situation inflicted bodily harm on the other party, then by its actions it violated the law and should be punished for the committed act. The victim may demand that the offender be brought to justice. To do this, you must write a statement about the beatings. You can do this at any nearest police station. First, the applicant will be given a referral for a medical examination. After the examination, the doctor fixes all injuries and injuries in the medical card, and a certificate of the appropriate sample is issued to the citizen on his hands. And already in the presence of this certificate, a statement is made about the beatings. Such a document is drawn up in an arbitrary form and addressed to the head of the relevant branch. In it it is necessary to state all the circumstances of the incident, indicate possible causes and fixed consequences. The exact date of the event must be indicated in the application. In addition, it is necessary to indicate possible witnesses who will be able to confirm the applicant's words.

Who has the right to write an application

After the beatings were officially recorded, the victim does not need to contact the police himself. This can be done by his authorized representative. He has the full right to make a statement about the beatings with the indication of the requirements for bringing the culprit to justice. After the registration of such a document, law enforcement agencies are obliged to understand the circumstances of the incident and, if necessary, start a criminal case. Then they will have to find the offender and get the necessary explanations from him. Along with the results of investigations, the documents are submitted to the court for a decision. As an accuser, the victim will act together with witnesses, and the accused has the right to attract a legal person (lawyer) for his defense. If the perpetrator before this can resolve the issue peacefully, then the injured party has the right to withdraw his application. In this case, the criminal case is suspended, and the court will not take place.

Important circumstances

Not every physical injury enables the victim to write a statement about the beatings. Article of the Criminal Code of the Russian Federation No. 116 gives a clear definition of what is called beatings. From the legal point of view, these are various violent acts that cause physical pain to the victim, but do not lead to health disorders or even short-term disability. That is, there are facts of damage (wound, scratches, bruises, bruises, abrasions) that did not cause serious injuries and did not contribute to the loss of health. This includes hair tearing, tweaking or squeezing. In other words, there is a crime of light weight. And for such an offense, a private application of a citizen is enough. In addition, it should be noted that single damage is not considered a beating. Action of this kind should be done many times. Another characteristic of beatings is intent. That is, actions must be committed with some specific purpose (intent). It can be jealousy, revenge, resentment or just personal dislike.

The amount of punishment

Any unlawful action with the use of physical force by another person can be stopped by writing a statement about the beating. Article 115 of the Criminal Code determines the amount of possible punishment for the offender, if the actions were committed intentionally, and the health damage is caused in an easy degree. Such actions entail punishment in the form of a fine or imprisonment for up to two years. Various circumstances may arise during the proceedings. For example, the prosecution will be able to prove that the harm is committed for political reasons or as a result of racial, national, ideological, religious enmity. Perhaps the criminal act was the result of hatred against any of the social groups. In this case, the punishment will be a little bit tougher. The perpetrator may be arrested or imprisoned for a longer period (up to 2 years). There is a possibility that forced labor will be assigned to him, but the time of serving the sentence will not exceed 24 months.

Features of choice

There are cases when the perpetrator (one or a group of individuals) commits beatings or other violent acts systematically, thereby causing the victim mental or physical suffering. Such actions already comply with Article 117 of the Criminal Code of the Russian Federation and are qualified as torture. In this case, the law provides for a more severe punishment. The perpetrator may be sentenced to three years in prison or to forced labor for the same period. In any case, a statement about the beating will be required. Which article will be applied, and what characteristics are given to the perfect actions, the court will decide. Legitimately, he will review all the circumstances of the case and make the only correct decision. During the preliminary proceedings, the victim has the right to get acquainted with the materials of the investigation and be aware of all that is happening. And in case of disagreement with the decision, the aggrieved party can appeal.

Sequencing

After committing an unlawful act on the part of the offender, the victim must file an application for beatings. How to write it and what to do next - he will be prompted there, in the police station. If a person really intends to punish the offender, then the next step will be a statement to the court (namely, the Justice of the Peace). It must contain the following information:

1. Who sent the document (name of the court).
2. Information about the applicant (victim). They include the full name, information from the identity card, address of residence (propiska).
3. Data on the offender (if any).
4. Request to the court for consideration and adoption of the criminal case.
5. Description of the committed offense (place, time, circumstances).
6. List of available witnesses who agree to testify in court.
7. Date of submission of the document and signature of the applicant.

After this, it remains only to wait for an invitation to the court to review the case.