Poboys. Article 116 of the Criminal Code

Beatings are a fairly common form of violence. An article that indicates possible and appropriate measures to suppress an act of this type is found in the Criminal Code of the Russian Federation. It has the name "Poboi". Find this chapter can be numbered 116. Depending on the situation, the court may be assigned a variety of measures to suppress a repeated violation. Next, we will get acquainted with the text that regulates article 116. Poboys are far from the most dangerous phenomenon. But it still violates the inviolability of man and personality. So, it is necessary to somehow fight this act. In Russia, this is done through criminal prosecution.

The terms

It is important to clearly understand, before the beginning of the process of studying the article, what kind of violation is involved. After all, a specific definition must be available for every act. Otherwise, you can get confused in the articles of the Criminal Code. And even more so, in possible measures of punishment.

Poboi is a blow to a person. You can say the beating of a citizen. It should be noted that: - from the legal point of view, multiple and targeted blows are called beatings. If someone suddenly blows your nose, it's not a beating yet. Article 116 of the Criminal Code will not be applied.

But if, suppose, then a fight broke out between you and the offender, in which the blows were struck, then the crime can be considered to be held. No one is fully protected from beating. It has already been said - this is the most frequent violation that is committed in Russia every day and is not accompanied by danger for the victim. Unless it does slight harm and cosmetic inconvenience.

Money decides everything

The first thing you need to pay attention to is that Article 116 of the Criminal Code ("Poboys") provides for punishment in the form of payment of a fine. Money is the main measure of punishment for a crime of a light form. And our case is one of them.

How much will it be necessary to pay for the beating? The exact amount is not set. Instead, the code only specifies restrictions. Fixed payments for beating can not exceed 40,000 rubles. In some cases, the defendant can take away any of his income, which was received for a period of not more than 3 months.

It turns out that the beating (article under the number 116 of the Criminal Code) can be paid to some extent to the state. The offender is able to pay off and be released. Yes, a criminal case against him will appear. And it can serve in some situations as an aggravating circumstance. But no prison sentence, which is so feared by everyone, will not happen in this case.

All to work

What else does Article 116 ("Poboys") provide? Punishment for the committed violation can be expressed in different forms. Without aggravating circumstances, the offender may be assigned social work. I'll have to work out for a fight in the literal sense.

There are compulsory and corrective works. Their duration varies. In the first case, more than 360 hours can not be assigned. This is about 15 days, in practice the punishment is "stretched" for about a month. When it comes to corrective labor, the maximum for beatings (article 116) is six months. And nothing more. Tolerant, albeit unpleasant. But that is not all. After all, criminal crimes by themselves are not so easily closed.

Under arrest

Arrest - another measure, which is provided as responsibility for the fight. True, in reality it is almost not used. But, according to the text, which demonstrates to us Article 116 of the Criminal Code, beatings can be punished with the help of arrest.

He is superimposed on the culprit for a maximum of 3 months. But in reality, for the most common fight, they used to be detained for no more than 15 days. This is some kind of an unspoken rule that takes place in practice, but is not prescribed in the law. Although some courts and investigative committees can clearly follow the instructions in the legislation. So, you can hope for an arrest of up to 3 months. Such rules are in force in Russia.

Hooliganism

Article 116 of the Criminal Code ("Poboys") also prescribes separate measures for this act, if a specific motive for the crime has been established. More precisely, when the criminal simply acted hooliganism for the sake of. This is a more serious crime than an ordinary fight between citizens. So, she is punished much more seriously.

Defects (article 116 in the Criminal Code of the Russian Federation), which were inflicted by hooligan motives, can no longer be covered with monetary penalties. Only serious preventive measures! Mandatory work - this is what most often acts on such criminals. The maximum is 360 hours. Or "get rid" is possible with the help of corrective labor. It is already significantly different from the previous case. Now you can hope for 1 year of correction works. Forced labor also takes place - 24 months maximum.

Also here it is possible to arrest (up to six months), restriction of liberty (2 years), and imprisonment. The last measure is considered the most serious. And its duration is 24 months.

Politics and religion

The beatings (the article that we are studying, has almost come to an end) can be applied because of political differences or because of religious beliefs. In Russia, such acts are really punished. After all, Nazism, racism and other forms of infringement of the constitutional rights of citizens are unacceptable. Hence, the criminals will answer in full for the beating.

How exactly? In the same way as in the case of hooliganism. The law prescribes that public works of compulsory, corrective and compulsory nature are appointed within 15 days, 1 year and 2 years, respectively. In fact, in the presence of political disagreements, the participation of ideological interests and other infringements of rights and religion, such a measure is not rendered.

But such a crime is quite successfully punished in the form of arrest for 6 months or as an appointment for a suspended sentence of up to 2 years. In principle, most often such criminals are struggling with the help of their imprisonment. 24 months in prison is a worthy punishment for someone who broke the law and inflicted a beating on the citizen because of some disagreements in these areas.

Decriminalization

So we figured out what was due to the beatings. The article of the Criminal Code prescribes all instructions in relation to this issue. Only in Russia recently it is proposed to abolish criminal liability for this violation. And replace it with an administrative one.

That is for beatings have to pay. And nothing more. This proposal has caused a lot of controversy. Therefore, for the time being, criminal acts are foreseen for the crime. If there is a decriminalization, then, most likely, the growth of real crime will only increase. After all, now many are afraid of arrests and imprisonment. And when only a fine is imposed, violators will feel their impunity.