How to prove the beating? How to prove beating?

Often conflicts of all kinds - everyday, professional, family and others result in banal assault. However, the physical integrity of any person is protected by the Constitution of the Russian Federation, and beatings can be qualified as a criminally punishable and socially dangerous act. In connection with this it is necessary to thoroughly understand how to prove the beating, to bring the offender to justice, to defend himself and defend his constitutional rights.

Criminal offense - "beatings"

Article 116 of the Criminal Code defines as criminal two types of deliberate acts of the offender:

• Beating - that is, causing the victim more than two strokes;
• Other violent actions, which may include one stroke, tearing out hair, light burns, pinching, scratching, pricking, pressure and the like.

Obligatory condition: the victim experiences physical pain, but is essential

There were no problems with health. If the victim is injured, which can be specified as an easy, medium or serious injury to health, the offense falls within the scope of more serious criminal law articles.

How to prove the beating: criminal procedure features

A number of questions arise as to how to initiate criminal prosecution under this article, how to collect facts and, ultimately, how to prove the beatings due to the special criminal procedural status of this crime.

Police officers - investigators - initiate and investigate criminal cases on the fact of beatings in the following circumstances:

• If the crime is committed on hooligan, political, ideological, racial, national or religious grounds.
• If the person who committed the crime is unknown or the victim, by virtue of any circumstances, can not assert his rights independently, including by virtue of the dependent position in relation to the batterer.

All other cases of beatings are related to cases of private prosecution, that is:

• Police officers conduct only an initial check on the application and collect the verification material.
• Criminal cases under art. 116 of the Criminal Code of the Russian Federation by a magistrate and only on the application of the victim.
• At any stage of verification and investigation, a criminal case may be terminated, as the parties are reconciled.
• The burden of proving the guilt of the defendant lies on the applicant's shoulders.

Precisely because the presumption of innocence protects the accused, and the victim must independently understand how to fix beatings and prove their application, the beaten person should definitely take certain steps.

Algorithm of the victim's actions

It is of fundamental importance to carry out all necessary actions at the initial stage, collect documents and record information, otherwise they may be lost in the future, and after a time, the victim will have a problem: what to do now and how to prove it? The infliction of beatings is often characterized by visible bodily injuries and is accompanied by painful sensations.

Step One and Chief: Medical Examination

First of all, you need to know how to remove and prove beatings. Call an ambulance if your condition worsens, or visit the nearest hospital yourself or, in case of emergency, an emergency department. Check that the doctors carefully examined and described in detail all the bodily injuries in the documents, and, in their absence, the places and area of the painful sensations where the blows and injuries occurred, correctly explained the explanations of the origin of beatings.

In the event that as a result of the beating had to be treated and go to the sick-list, it is necessary to check again that the medical documents recorded the injuries and health consequences arising from them. Later, all these medical certificates and documents from all institutions where any medical assistance was received will have to be attached to the case materials as objective evidence.

Step two and mandatory: application to the police

Immediately after the conflict, call the police on the scene. Law enforcement officers will properly and professionally issue initial verification materials and, if necessary, can become eyewitnesses of the events.

Since it is possible to prove beatings only by collecting more evidence and evidence, it is necessary to make maximum use of the resources and capabilities of the police body for this:

1. The call to "102" is recorded and recorded automatically, the time of committing the offense, the state of the caller at that time will be confirmed. And these materials can be attached to the case.
2. The called district or investigative-operative group will make a written survey of the eyewitnesses you indicated, will reflect in their verification materials their coordinates for further communication.
3. Demand that a protocol has been drawn up for the inspection of the scene of the incident with your participation, photographing the situation and traces of the struggle, seizing the instrument for committing the offense and clothing in which the victim and the attacker were, and on which there may be traces of their mutual contact. Often advocates of law and order do not like to make this document, but if there were no witnesses during the beating, this would be one of objective and qualitative evidence.
4. Be sure to get a referral from the police for a forensic medical examination and as soon as possible go to the examination for expert experts. They will establish the severity of the harm done to health, analyze the possibility of causing the existing bodily injuries in the circumstances described by the victim.
5. Give a detailed explanation, which as accurately as possible indicate all the violent actions that were committed by the attacker and list all possible witnesses of the conflict.
6. Compose and file a statement to the chief of the police department and receive a ticket-notification, where the registration number of the application will be indicated. By this number you will be able to find out about the further course of the check. The decision on the appeal must be made by police officers in the three- or ten-day period.
7. If law enforcement officers for whatever reasons do not produce pre-investigation actions necessary for proving - write petitions for the production of these actions in the protocols, the statement or individual complaints to the head of the police body and the prosecutor's office.

Step three: prepare for trial

Witness's testimonies. Recall all possible eyewitnesses of the beating and write down their contact details. With the permission of these persons, you can record their explanations of the events on the video.

Characterizing the data. Gather as much information and documents as possible describing the identity of the victim and the assailant, thus avoiding possible unreasonable libelous accusations.

Statement in the world court. The material collected by police officers can be sent to a magistrate's court to initiate criminal proceedings, only Together with the application of the victim, which should be written according to the established pattern.

Compensation for damage caused. A victim can file a claim for compensation for the harm caused, in which all calculations must be documented. The court will consider it during the meeting. In addition, on the shoulders of the losing party, the court expenses for lawyers, independent expert examinations also fall.

Beating without witnesses

In the event that there were no eyewitnesses to the conflict, it becomes a problem how to prove the beating. What should be done in this situation:

• If bodily injuries were caused, they should be fixed, as already described. If the location of the injuries coincides with the injuries indicated in the testimony of the victim, this will be an objective confirmation of the fact of beatings, which the court will take into account in the presence of significant contradictions in the testimony of the victim and the accused.
• If there are no traces of violence confirmed by the physicians, it is necessary to insist on seizure during the examination of the incident and drawing up the protocol by the police officers of the victim's clothing, on which the traitorous traces of the attacker may be left, his hair. Also, the victim's skin should be preserved on the victim's skin. All this will help to establish an examination, which will be appointed by the magistrate.
• It should be remembered as much as possible all those who saw the victim just before the conflict and right after it. They will be able to describe the condition of the battered person, confirm the time and place of the crime, indicate the people who were with him near the incident, as well as after him.
• Indirectly confirmed the fact of beating by the behavior of the victim after the incident - a shock, panic, inadequate reactions. This can be confirmed by persons who saw him immediately after the incident.

It is possible to prove the beatings even if there are no real eyewitnesses, it is only necessary that the injured party is ready to fight, defend its rights and take as close as possible to all stages of gathering evidence.