Art. 116 CC plays an important role for modern man. No less important than the entire Criminal Code. Beatings and fights occur very often. But not everyone understands what punishment is imposed for a committed act. Therefore, you should carefully study Art. 116 of the Criminal Code. It is here that there are several points devoted to this issue. The specifics, of course, will not be given. Indeed, in court, each case is considered individually. But the general norms of punishment are clearly spelled out. And you can rely on them, studying the issues associated with the beatings.
What is it?
What are beatings? This is what you need to be interested in before reading the relevant article of the Criminal Code of the Russian Federation. The thing is that this action is characterized by causing pain and the use of violence against a person. But without serious damage and death. Otherwise, you will have to turn not to Art. 116 of the Criminal Code, and to any other: "Murder", "Violence" and so on.
It turns out that beatings are minor injuries. Rather, they are more moral and cosmetic. For example, damage to organs with weapons is not a beating. But the bruise under the eye or bruises, bruises received as a result of the fight - they are the most. What is the punishment for a committed act?
Payment
The first measure specified in Art. 116, part 1 of the Criminal Code of the Russian Federation, is the payment of a fine. Perhaps a very common and most enjoyable outcome. Assigned often with compensation for non-pecuniary damage to the victim. But this is already a reality.
In general terms, the code states that it will be necessary to pay 40,000 rubles for beatings (maybe less, but no more), or any other amount received from the perpetrator's income over the past 3 months. The exact payments are determined by the court. Not too harsh, but quite tangible. True, this is not the only punishment for beating.
Everything is at work
Please note: Art. 116, part 1 of the Criminal Code of the Russian Federation also indicates that instead of a fine, another form of liability may apply. For example, the purpose of compulsory work is not ruled out. Or forced. Depending on the situation as a whole.
In the first case, you have to work 360 hours. This is the limit. Remember: during the investigation, this punishment may be reduced. In the second, forced labor will last a maximum of six months. Also, the period is not too long, given that beatings provide for criminal liability. And many associate it with imprisonment.
Conclusion
Part 1 of Art. 116 of the Criminal Code - this is not only work of various types and fines. Serious criminal liability is also provided. True, not in the most severe form. Indeed, beatings, for example, and murder (or causing grievous harm) cannot be punished equally. And it is right.
If a citizen was beaten and an investigation is underway under Art. 116 of the Criminal Code of the Russian Federation, you can count on arrest. It can last a maximum of 3 months. But this crime has some features. And if you rely on more advanced cases, you can find that the punishment will be tougher every time.
Motive
An important role is played by the motive of the perfect act. The thing is that in Russia they try not to highlight some ideological characteristics of people, their religion and nationality. But on this basis there are a lot of various violations. Beatings committed due to such dissimilarities are a serious crime. And the corresponding punishment is put for him.
2 hours 116 of the Criminal Code is really important. Here, in addition to all existing and proposed measures, imprisonment also joins. Simply put, imprisonment. For a maximum of 2 years. Not too much, but enough to reflect on behavior.True, this is in the absence of any other circumstances (intoxication, provocation, and so on). In any case, keep in mind: you can be imprisoned for 24 months for beatings of a religious, national and ideological nature. The term is regulated by the court, but it cannot be longer in the absence of other violations.
Hooliganism
Art. 116 of the Criminal Code also indicates punishment for beatings from hooligan motives. In general, the culprit can be imprisoned for 2 years. But most often in practice this is not done. Indeed, for this kind of action, as a rule, appropriate work is assigned. Forced or binding. Correctional measures also take place.
In the case of coercion for community service for beating, you can count on the maximum punishment in the form of 2 years of labor. Obligatory stipulate up to 360 hours in total, and correctional ones last up to a year. The exact terms will be established only after the investigation and a thorough analysis of the nuances of the violation. In principle, it is expected.
I am free
On this, all punitive measures do not end there. But a variety of situations - quite. So if you inflicted beatings on someone out of hostility towards a particular nationality, religion, ideology, and also just for the sake of hooliganism, then a more serious punishment may follow. Different types of work, as well as imprisonment for several years, do not always succeed in escaping.
In Art. 116 of the Criminal Code indicates that another form of responsibility may be assigned to the culprit. More precisely, the punishment in the form of arrest, imprisonment or its restriction. In the case of the prison, everything is clear - 2 years maximum. What about the rest of the items?
An arrest is not so rare, to be honest. Its duration is 6 months. This is a frequent practice in court. The term may be shorter, but in reality this happens extremely rarely.
Restriction of freedom also occurs in the case of beating. The victim may demand such a measure for the culprit. But no more than 2 years, given the absence of any aggravating circumstances. Practice shows that this kind of outcome is extremely common. And the most severe punishment is applied because of disagreements of a national or religious nature. It is this that most often causes a long arrest, as well as the use of the highest degree of criminal responsibility for the beatings of all proposed.
Avoid punishment
Oddly enough, but "criminality" can be avoided. Not always there is such an opportunity, but sometimes it’s worth a try. In the event that you acknowledge your guilt before the victim.
First, you can confess, this will mitigate the punishment. In Art. 116 CC comments indicate that liability for the beatings sincere recognition will not free. But the indulgence during the investigation will still provide. And sometimes you can avoid the highest degree of punishment.
Secondly, before the case comes to court, you can talk with the victim. And agree to amicably resolve the issue. No threats or regular beatings. Often people make concessions to each other. In this case, as a rule, an application is not sent to law enforcement agencies. And you independently agree on compensation for the damage caused. Turning to practice, one can notice: cash payments to the victim due to beatings are a common way to avoid criminal liability. Especially when a lot of damage of any kind has not really been caused to health. For example, for a black eye or a nose broken in a fight, you can pay off without a trial. But this is only with the recognition of guilt and agreement with the victim. Not everyone will agree to such a step.
Thirdly, you can try to go to extreme measures. It is about removing all criminal liability. But of course, with its consequences. For example, when the culprit is recognized as incompetent (inadequate). Simply put, crazy. In this case, no one will sue. Instead, the offender will be sent to a psychiatric clinic.Often for a lifelong "conclusion." A similar technique is a broken life. For beatings, not so severe penalties are provided to “make up” of a mentally unbalanced person.
findings
As you can see, the criminal liability for the beatings is not so terrible. Yes, in some cases, imprisonment, restriction of liberty or arrest are provided. But most often it turns out to pay off with compensation for moral damage to the victim, as well as paying the corresponding fine. They put them in jail, but in exceptional cases. Practice also shows that a brawler can be detained for 15 days. Also quite common.
When it comes to beatings inflicted on children, article 116 of the Criminal Code of the Russian Federation loses its relevance. Indeed, violations involving minors are punished much more seriously than any others. Keep this in mind.
Thus, it is now clear what relies on beating an adult in a particular case. Not as scary as it might seem at first glance. Part 1, Art. 116 of the Criminal Code (and part 2, too) is what will tell what punishment is provided for beatings.
