Husband Beats Wife: Considered Extensively

Responsibilities for wife beating

Beating a family member can now refer to both administrative and criminal offenses. Before 2017, the measure of responsibility for such actions was established only under the Criminal Code of the Russian Federation, and for beating his wife, the husband could receive a real prison term. Now the punishment of the perpetrator depends on the degree of injury and the systematic nature of the abuse.

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What is wife beating?

Beating refers to any form of intentional infliction of bodily harm, accompanied by pain, bruises, bruises . Injuries are caused by hitting, slapping, pinching, and squeezing. Various blunt objects are sometimes used. As a result of a beating, the victim may lose the ability to work, there are disorders in the functioning of certain organs, and mental disorders are possible. The main factor in determining the measure of restraint for the guilty person is the danger of injuries to a woman’s health.

How the actions of the husband can be qualified

In order to properly evaluate the offender’s actions, it is necessary to establish the severity of the beatings inflicted. It will depend on how badly the husband beat his spouse, will depend on the criminal or administrative punishment he will receive from the court.

Criminal responsibility for wife beating

The degree of harm caused to the body is divided into three groups. Depending on how long it will take to rehabilitate the victim and whether there will be a full recovery, the man’s actions will be evaluated under different articles of the Criminal Code :

  1. Mild harm qualifies under Article 111. The result of beatings are bruises, hematomas. Loss of ability to work is not more than 10% . The injured woman’s well-being improves in a few days.
  2. The average severity of injuries is established by Article 112 for fractures, cuts, and concussion. They are not life-threatening, but the recovery process takes longer. A woman can be treated for more than 21 days. Loss of ability to work reaches 30% .
  3. Severe cases of battery are punishable under Article 115. At them loss of functions of separate organs is possible. In some cases the damage to the body can be fatal.
  4. With systematic repetition of beatings the offender’s actions will be considered as torture, and he faces a severe punishment under Article 117 of the Criminal Code of the Russian Federation.

Administrative responsibility for wife beating

If the woman received light beatings, which were accompanied only by painful sensations and did not cause damage to her health, the offender will avoid criminal prosecution. His actions will be evaluated under Article 6.1.1. of the Code of Administrative Offences. The innovation appeared in 2017 and applies only to beatings of close relatives that do not result in disability. But this does not mean that a son can hit his parents with impunity, or a mother can beat a child . If the husband beats his spouse again within a year, he will no longer be exempt from criminal liability. If even light abuse is repeated, the man will be prosecuted for torture. And beating underage family members is considered an aggravating factor in the offense.

How a woman should act and where to go

To punish the offender according to the law, you should ask for help from law enforcement agencies. To do this, call a police squad or report the incident to a neighborhood inspector. If the victim, having received a beating in the family, goes to the hospital, it is the duty of the doctor on duty to notify the police officers about the case of a citizen’s beating.

The wife will need to write a statement to hold her husband accountable. The document should detail the circumstances of the beating, specify the place, date and time of the incident. If the abuse of her husband saw other people, it is necessary to specify them. They can be neighbors, relatives, co-workers, as well as children over 10 years old. By gathering a team of witnesses, the victim can easily prove the violation of their rights.

In order to confirm the injuries, a medical certificate must be obtained. If before visiting the police department, the woman did not ask for medical help, she may be issued a referral to the clinic for examination. At the request of the victim will be initiated a case for an offense, which, after investigation, will be sent to court. The victim may also file a statement of claim in court on her own. In this case, she will need to independently collect, in addition to the medical report, other evidence of the beating and witness testimony.

Even if the consequences of the beating seem insignificant, you should not refuse a medical examination. As a result of the beating, there may be damage to internal organs, concussions, the symptoms of which do not appear immediately after the incident. But later, because of the untimely initiated treatment there is a threat of complications.

Important: It is better to take the beating off in the first hours after the incident. This will allow doctors to more accurately describe the nature of bodily injuries and provide help in time .

What penalties are provided for

Depending on the degree of harm caused, the presence of aggravating factors, the perpetrator will be punished under the Criminal Code of the Russian Federation:

  1. For inflicting serious injury to the spouse, the husband faces a prison term of up to 8 – 10 years. Under aggravating circumstances, it can reach 12 to 15 years.
  2. For injuries of moderate severity, the perpetrator will be punished by imprisonment for a period of up to 3 to 5 years.
  3. For causing minor damage to health, a man will have to pay a fine of 40000 rubles.

If by the nature of the beatings the perpetrator falls under administrative responsibility, he may be given one of the following penalties:

  • a fine of up to 30,000 rubles;
  • Arrest for up to 15 days
  • Compulsory work for a period of up to 120 hours.

In case of repeated cases of beating of a woman and qualification of the crime as torture, the spouse will be given a punishment in the form of imprisonment or compulsory works for a period of up to 3 years.

Russian women who are married to a citizen of another country are also entitled to protection from domestic violence. Being on the territory of Russia, citizens of Ukraine, Belarus, Kazakhstan and any other countries are obliged to comply with its laws. Therefore, even a husband with foreign citizenship is prohibited from domestic abuse. He will have to answer for beating his wife according to Russian legislation.

How to protect oneself from assault

Trying to fight off the attack of her husband with improvised means, it is necessary to remember about responsibility for exceeding self-defense. In a state of emotional excitement, even a weak woman can hit very hard. And if at the same time to cause significant harm to the health of the offender, you can become guilty of a criminal offense. So it is better, defending against beatings, to try to escape, to ask for help from neighbors and to report the beating to the police.

Often wives do not want to involve law enforcement agencies in family scandals and try to resolve conflicts on their own. The possibility of imprisonment of the husband is frightening. Many do not want to be alone with children and without their spouse’s earnings. Even if the guilty party is obliged to pay a fine, it will have to be paid from the family budget. That is why many people keep silent about the beatings, hoping for the conscience of the husband. And impunity for abuse leads to new cases of violence. Only once answered for his actions, he will think twice before beating on his spouse.

Dear Readers! To solve your problem right now, get a free consultation – contact the duty lawyer in the online chat on the right or call by phone:

+7 495 109-30-87 – Moscow and region +7 812 309-07-44 – St. Petersburg and region +7 804 333-07-22 – Other RF regions

You will not need to waste your time and nerves – an experienced lawyer will take care of all your problems!

The punishment for wife beating by her husband

Frequent defendants in criminal cases of beating are spouses. Domestic violence always remains one of the most common types of personal injury crimes.

As of 2017, the article on battery has been partially decriminalized. Single episodes of domestic violence have been decriminalized.

Beatings inflicted by relatives or spouses are no longer a criminal offense. They are regulated by the Administrative Code of the Russian Federation. However, for the correct qualification of what happened, all the circumstances of the crime are taken into account when the husband beat his wife.

What does he face in this case? How to act for a wife if her husband raises his hand on her?

Features of the crime

Not every beating by the husband of his wife will be qualified under the article “Beating”. To qualify, the circumstances of the offense and, above all, the degree of harm caused are taken into account.

After all, beating your wife can also be done in different ways. Sometimes the beating ends in the death of the wife. In this case, there can be no question of beating.

In current law, there are three degrees of injury:

The degree of severity of the harm is determined by the conclusion of the forensic medical examination.

It is from the degree of severity will depend on which article your husband will be tried. The main thing in this case is to record the beating in a medical facility in time and as quickly as possible.

In addition, the most important factor, in addition to the degree of damage, for the correct qualification is the frequency of committing such crimes by the tyrant husband.

The first attempt to commit battery qualifies as an administrative misdemeanor, a recidivism – a criminal offense.

The punishment for wife beating by her husband

Punishment under the new law for battery under Article 116 of the Criminal Code is possible only when several attempts to beat the wife have been made.

The first episode of battery is decriminalized. It is considered an administrative offense.

What will happen to the husband if the wife took the beating depends on what the medical report says. This document is the main reference point for criminal proceedings and sentencing.

Administrative penalties.

In 2017, Article 6.1.1 appeared in the CAO of the Russian Federation, which deals with cases of family battery.

Administrative cases under Article 6.1.1 of the CAO RF are handled by the justice of the peace.

Cases are initiated by the police, after which the material goes to court for consideration. Both parties are obliged to participate in the court session.

As a punishment, the tyrant husband may face:

  • Compulsory labor of up to 120 hours;
  • Arrest for up to 15 days;
  • A fine of 5 to 30 thousand rubles.

The fine is imposed in favor of the state, that is, in fact, the spouse will receive nothing. To compensate for the harm caused to her will have to file a claim in court in civil proceedings.

The guilty person is obliged to provide the court with a receipt for payment of the fine, otherwise a new administrative material for non-payment of the sanction will be initiated.

As a rule, the courts under this article are limited to the imposition of a fine of 5 thousand rubles .

Theoretically, the spouses have the right to reconcile in court, then the penalty will not be imposed. In practice, some of the judges do not reconcile the parties under this article.

In addition, it is not uncommon for courts to receive counter materials of administrative offenses, when during the conflict each of the parties is injured.

Criminal punishment under article 116.1 of the Criminal Code of the RF

If the guilty person has already been previously subjected to administrative arrest for battery, he faces criminal liability under the new episode.

In order for his actions to be qualified as beating, it is necessary that the harm caused by him did not correspond to the light degree of damage to the health of the victim.

Under article 116.1 of the Criminal Code, the perpetrator faces the following punishment:

Art 116 of the Criminal Code of the Russian Federation can be applied only when the actions and motives of the husband will be traced hooliganism or hatred on racial, political, national or religious grounds.

That is, if the husband hits his wife because she disagrees with his political and religious views, Article 116 of the Criminal Code of the Russian Federation will come into play.

Other corpus delicti in the family

What other article for wife-beating by the husband in Russia is provided as an alternative, except for those that have already been previously considered?

So, depending on the husband’s motives, the degree of damage caused and the frequency of episodic occurrence, other articles of the Code may also apply.

These include:

In addition, the husband may inflict harm in a state of affect, in the same state he may kill his wife . In this case, the responsibility would be more serious.

What to do if a husband beats his wife?

If a wife beats her husband, one should not hesitate to forgive. Committed yesterday one blow in a bad mood, today can turn into a fatal one.

To begin with, you should decide where to go in such a situation. There are many institutions in the country, but you should start with the lowest and more accessible.

The procedure for the victim should be as follows:

  • Immediately after a family conflict, you should go to a trauma center;
  • There to be examined and receive a stamped original certificate;
  • With this certificate, go to the police station to write and file a report.

You are entitled by law to apply to any police station, but it is better to apply at the place where the incident took place.

Making a report

You must make a statement in duplicate, so as to allow sufficient time for the police to process it.

The second copy must be stamped by a police officer. In addition, you are required to issue a coupon-notification with information on receipt of the answer on the consideration of the application.

The statement should be compiled according to the following rules:

When your wife has written a statement, the police are required to investigate the circumstances described in the statement. The police can either initiate criminal or administrative proceedings, or refuse to initiate proceedings. In the latter case, the husband will be given a warning and placed on a record.

If the refusal of police officers to initiate a case does not seem justified, you can apply to the prosecutor’s office. They will conduct an inspection and initiate a case. In addition, the prosecutor’s office can punish a negligent police officer.

Under Article 116 of the Criminal Code, the aggrieved party may independently apply to the court with a statement to initiate a criminal case by way of private prosecution.

How to prove the husband’s guilt?

What to do from a legal point of view when a husband hit his wife? It is required to prove their legal position in court.

An important piece of evidence is a certificate of the beatings . But, when the wife calls the police squad at the time of the conflict, she does not have the opportunity to go to the hospital and get a certificate on her own.

At the time of the conflict, when the police arrive, you should ask the officers to call an ambulance to record the beating.

Of course, if the husband beat his wife to a pulp, doctors will have no questions about the nature of the injuries. But when the wife was inflicted with minor abrasions and bruises, delaying the treatment in a medical facility for 3-4 days can be a reason to refuse to initiate a case.

In addition to the certificate in court will be more important as evidence. If someone saw your conflict or heard it, these witnesses are required to declare in court.

If possible, immediately after the incident, take pictures of yourself with your phone so that the injuries can be seen. If the blows were struck with an object, it is better to remove it immediately so that your husband does not have the opportunity to destroy it.

If you really believe that you are in danger, you can defend yourself. The main thing in this case is not to exceed its limits, otherwise the defendant in a criminal case will be you and not your husband.

Family tyranny should be punished to the fullest extent of the law. The decriminalization of the Criminal Code does not mean that husbands now have the right to beat their wives and not be held responsible for it.

The Criminal Code will forgive them only a single episode of battery. For a second similar misdemeanor, the abuser will face a more severe punishment.

There is no need to put up with torture and battery, you need to protect your rights and not put your children at risk.

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