The Penal Code in Russia plays a huge and important role. He talks about possible punishments for crimes committed. Now we have to deal with article 116 of the Criminal Code of the Russian Federation. It is called "Beatings." This crime occurs in the modern world very often. And you need to know what punishment will be imposed on a rowdy for an act. Precise measures are difficult to predict. Only general conclusions can be drawn independently. After all, every crime in Russia is considered individually. And depending on many factors, certain penalties are applied. Some of them are really serious, and some are not too serious. Article 116 of the Criminal Code of the Russian Federation addresses some circumstances that may affect the degree of punishment. What and for what beating?
The concept
To begin with, we will determine what we are dealing with. What are beatings? The harm done to humans can be varied. In Russian legislation, each has its own definitions depending on the severity of the consequences.
Beatings - this is causing damage to human health, committing violent acts against him, causing physical pain, but without causing particular harm to life and health. For example, a bruised eye can be regarded as a beating. But a knife wound with damage to internal organs of at least moderate severity - no.
As a rule, beatings also cause cosmetic harm. In practice, precisely such cases occur most often. That is, this offense is bodily harm citizen, usually doing more harm to a person’s appearance than to his general condition. What is provided for in article 116 of the Criminal Code for this violation? There are many options for the development of events.
Payouts
For example, for beatings, a fine in various sizes is most often assigned. It all depends on the specific situation. According to article 116 of the Criminal Code of the Russian Federation, this type of punishment provides for a pecuniary punishment of up to 40,000 rubles or another amount of the offender’s income (wages are taken into account) for a certain period of time. A specific framework will be established by the court. But keep in mind: the maximum period here reaches 3 months.
It turns out that the most harmless punishment for beating is a fine in a fixed amount (up to 40 thousand) or in a different amount, expressed in the amount of the convict's income for a maximum of 3 months. A similar solution is very common. But this is only the beginning of article 116 of the Criminal Code. Beatings can be punished more severely.
Come on to work
For example, a variety of community service. A completely original decision is to correct the citizen through labor. 116 article of the Criminal Code The Russian Federation indicates that for the beating, either correctional labor or mandatory work is required.
In the first case, you can expect that the limit of punishment will reach six months. In the second - 15 days or 360 hours. Most often, the first measure of punishment is imposed on the offender, if we talk about the work. Although it all depends on the situation. Remember: according to the law, a fine and corrective (compulsory) work cannot be combined. Only in the event this is possible when legal proceedings take place simultaneously under several articles.
But this article 116 of the Criminal Code does not end the story regarding the receipt of punishments for a committed act. Beatings can bring the offender to serious criminal liability. It all depends, as has been said several times, on the situation. But generally accepted standards are worth considering. What else can you expect for beating?
Arrests
Encroachment on freedom. More specifically, some form of limitation. Also a very common case. Dissolving hands may be punished by imprisonment.Not too long, but still such a measure is prescribed in serious cases.
The maximum laid here is 3 months. It is this period that can be assigned to the violator as an arrest for committing beatings against someone. True, we are talking about cases where there are no aggravating circumstances. For example, if two adults had a fight. Article 116 of the Criminal Code of the Russian Federation also has many clarifications regarding specific situations. And depending on them, the degree of punishment can increase. When does it happen?
Hooliganism
Say, if the offense was committed out of hooligan motives. Such acts in practice are really punished much more seriously than ordinary beatings. For example, there are various types of work in the same way as in the past. Only now their period is increasing.
Correctional labor relies on beatings committed during hooliganism. They are appointed for a period of up to one year inclusive. Mandatory work may also apply. In this case, their maximum duration can reach only 15 days. This is 360 hours, to be precise. As you can see, not everything is so dangerous. Forced labor can last in this situation up to 24 months inclusive. But keep in mind: beatings combined with hooliganism are punished in practice more seriously than the usual purpose of various types of work.
freedom
Art. 116, part 2 of the Criminal Code of the Russian Federation indicates that very often such a violation will be punished by imprisonment or restriction of it. Arrest also takes place.
Imprisonment here is standard - 2 years. Beating combined with hooliganism can mean a similar punishment. The more serious the crime, the longer the duration of the arrest or imprisonment. The restriction of freedom, as a rule, in most cases is a maximum of 2 years.
The arrest is also similar to previous situations. This means that a person accused of violating beatings for the purpose of hooliganism can be arrested for up to 6 months. This is not the worst thing that can threaten. Art. 116, part 2 of the Criminal Code of the Russian Federation also indicates that deprivation of liberty takes place. They can put the accused for several years. To be more precise, then for 2 years. In some cases, the court may reduce this period. And when the accusation occurs under several articles at the same time, - increase. But beatings in the pure state, committed with the aim of hooliganism, are punished with a maximum of two years imprisonment.
Racism and ideology
But what if our current offense is committed because of conflicts on the basis of ideological views, as well as because of hostility to a particular nationality? In this case, the punishment must be appropriate. In Russia, ideology, as well as different peoples and their views, are respected. And so the beatings inflicted in order to belittle nationality, nation and other people are punished seriously.
Nevertheless, article 116 of the Criminal Code indicates that the degree of punishment in this scenario is similar to hooliganism. In other words, beatings with hooliganism, or they, but wearing echoes of racism, will be punished equally. There is only one difference - in practice, the second case is more seriously regarded than the first. So, for such beatings, it will be more likely to face a maximum term than with ordinary hooliganism.
Comments
In article 116 of the Criminal Code, comments clarify some points in our violation today. For example, beatings, as a rule, will mean repeated attacks against the victim. In addition, this violation is considered as completely independent. And it should not be confused with robbery, causing grievous harm and other forms of physical violence.
Please note: a single strike cannot be regarded as beatings. In the best case, a definition shines here under the guise of hooliganism or attack, but not beatings. Article 116 of the Criminal Code deals specifically with the latter case.
Decriminalization
Recently, the Government of the Russian Federation voiced the opinion that Article 116 of the Criminal Code of the Russian Federation should be abolished. More precisely, to decriminalize against her. Instead of criminal liability for beating, an administrative fine is proposed. In fact, decriminalization (116 of the Criminal Code of the Russian Federation) of such a plan will lead to an increase in violations in the country. That is what the majority of the population believes.
In addition to the beatings, it was also proposed to decriminalize several articles of the Criminal Code. But so far this has not happened. And it is not known for sure whether this measure will be discussed further. In any case, you are already familiar with the current penalties for beatings.
