The main questions that concern a woman who has been subjected to violence are how to punish her husband for assault, what responsibility exists for the harm caused to her?
Let's first consider what needs to be done to bring a tyrant husband to justice for beating the wife.
If your ex-husband has moved from words to threats to action, start acting like this:
- take photographs of the beatings;
Important! You must document the injuries. This must be done no later than 3 days from the time the act was committed. Also make sure that the documentation compiled at the emergency room indicates all the blows caused.
- report the beating to your loved ones and friends, tell them what happened;
- call ambulance or go to the emergency room for a medical examination;
- in the hospital, doctors will report the beatings to law enforcement agencies, and then you will be interviewed by a police officer;
- If the police officer does not refer you for a medical examination, request a referral and contact an expert.
Important! Battery is the infliction of numerous blows or other violent actions that cause physical pain. All these acts directed against human health and his life are illegal and are subject to liability provided for Chapter 16 of the Criminal Code of the Russian Federation.
Punishment for beating a wife by her husband
Another question that victims of domestic abusers ask is what is the punishment for wife beating for a spouse?
Important! The main criterion on which the type of punishment depends is the severity of the damage to health caused by beatings, which will be determined by the forensic medical examination.
Based on the results of the examination, the investigator will determine which article of the Criminal Code of the Russian Federation to apply in case of beating by a husband and what the threat will be against the perpetrator. The following punishment options are possible:
- Art. 115(intentional infliction of minor harm to health - up to 4 months);
- Art. 116(beatings - arrest for up to three months);
- Art. 112(intentional infliction of harm to health of moderate gravity - imprisonment for a term of up to three years);
- Art. 111(causing grievous bodily harm - imprisonment for up to 8 years).
After completing the investigation, the investigator will send the criminal case to the court. And if the act is not serious, then the case will be considered by a magistrate. You can also file a civil lawsuit and seek compensation for moral damages.
Where to go if your husband beat you?
Fill out an application and go to court. The appeal must comply with the legal requirements provided for Art. 318 Code of Criminal Procedure of the Russian Federation, and include:
- court details;
- information identifying the victim;
- information about the offender to whom the victim is asking for punishment;
- a detailed description of the act that occurred (the description must be detailed and accurate - all this will be further confirmed by the conclusion of the forensic investigation, which will be appointed by the judicial authority);
- evidence in the form of medical documents, protocols, testimony;
- information about witnesses confirming the events described in the appeal and a request to summon them to the court hearing;
- request to accept the case for proceedings;
- signature of the injured party and date of application.
Important! So what should you do if your husband hits you? Of course, find the strength within yourself and start acting. Contact a lawyer, they know many legal mechanisms that make it possible to stop tyranny in the family and bring the culprit to justice.
Hello. My husband beat me badly last night. We've been living here for 4.5 years. Before this, I hit 1 time 2 years ago. And yesterday he didn’t like the way I answered him (I think so). At the beginning, he was indignant that I spent money, although I work and also earn money. And when I told him that I had the right to do this, suddenly he began to beat me all over my body very badly. He didn't let me leave at night. And in the morning the pain (mental) seemed to have subsided. We have a daughter, 3.5 years old. She loves him very much. And now I don't know what to do. Forgive or divorce. Help with advice please.
Hello, Dinara!
Forgive or divorce - decide for yourself.
But you definitely lack self-respect if you allow your husband to beat you.
And if your husband raises his hand against you, he hardly respects you either.
This is exactly what needs to be dealt with first.
Hello, Dinara! Sympathize with you. How are you coping with this situation? How did they react to his actions? Are you ready to live in fear of encountering sudden outbursts of your husband’s aggression and physical violence? What do you think is healthier for your daughter and for you? I don’t know all the circumstances of your life and cannot give specific advice. I can only suggest looking into possible elections and their consequences, so that you can make the best decision for yourself. I am ready to be useful to you. Regards, Tatiana.
Matveeva Tatyana Vasilievna, psychologist Almaty
Good answer 5 Bad answer 1Hello Dinara! Simply forgiving without negotiation will lead to the fact that without taking a lesson, he will put his hands on him again. You need to decide for yourself how you want him to behave in the future. If you don’t have enough strength for this, you can turn to a psychologist for help, but not as advice, but for a face-to-face appointment.
Chernysh Nadezhda Nikolaevna, psychologist in Almaty
Good answer 6 Bad answer 0He hits because of his weakness...
And you somehow make it so that he doesn’t feel strong with you....
You don't respect him.
Hence all the troubles.
Do you want to understand your family life and find ways out of the deadlock - contact us.
G. Idrisov (I also work via Skype).
Good answer 2 Bad answer 1Hello, Dinara!
You are an adult and have the right to manage your life, but you have a child, and you have no right to put him at risk. A child can witness what is happening and this will become a severe psychological trauma. You are in physical danger.
If you need help, seek advice.
Psychologist Nikulina Marina, St. Petersburg. Consultations in person, Skype
Good answer 3 Bad answer 0
And now I don't know what to do.
Read the forum about domestic violence:
http://semeistvo.by/forum/showthread.php?t=67869
http://semeistvo.by/forum/showthread.php?t=134459
Draw conclusions
Ovsyanik Lyudmila Mikhailovna, psychologist Minsk
Good answer 5 Bad answer 1 
Dinara, hello. The situation is extreme. Your confusion and resentment are understandable. You don't know what to do next. The child needs a father. Reconsider your attitude towards your husband. You may not have noticed any aggressive traits in his character before. Reconsider your behavior and the tone of speech in which you communicate with him. Men, due to their male nature, often do not like the commanding tone and its various manifestations. Sometimes a slightly changed intonation leads to disastrous situations. There is a reason, it must be understood, considered, conclusions drawn and a decision made. Will you be able to adapt to your husband and keep your daughter's father and
Frequent defendants in criminal cases of beatings are spouses. Domestic violence always remains one of the most common types of crimes causing harm to human health.
Since 2017, the article on beatings has been partially decriminalized. Isolated episodes of domestic violence have been decriminalized.
Battery inflicted by relatives or spouses is no longer a criminal offense. They are regulated by the Code of Administrative Offenses of the Russian Federation. However, to correctly qualify what happened, all the circumstances of the crime are taken into account when the husband beat his wife.
What threatens him in this case? What should a wife do if her husband raises his hand to her?
Not every beating by a husband of his wife will be classified under the article “Battery”. For qualification, the circumstances of the offense and, above all, the degree of harm caused are taken into account.
After all, beating a wife can also be done in different ways. Sometimes the beating ends in the death of the spouse. In this case, there can be no question of beatings.
IN current legislation There are three degrees of harm caused to health:
The severity of the harm caused is determined by the conclusion of a forensic medical examination.
It is the degree of severity that will determine under which article your husband will be judged. The main thing in this matter is to record the beatings in a medical institution in a timely manner and as quickly as possible.
In addition, the most important factor, in addition to the degree of damage, for a correct qualification is the frequency of the commission of such crimes by the tyrant husband.
The first attempt to commit beatings is classified as an administrative offense, a repeat attempt is a criminal offense.
Punishment under the new law for beatings under Art. 116 of the Criminal Code of the Russian Federation is possible only if several attempts are made to beat the wife.
The first episode of beatings has been decriminalized. This is considered an administrative offense.
What happens to the husband if the wife removes the beating depends on what is indicated in the medical report. This document is the main guideline for initiating a criminal case and passing a sentence.
In 2017, Art. 6.1.1, according to which cases of domestic battery are considered.
Consideration of administrative cases under Art. 6.1.1 of the Code of Administrative Offenses of the Russian Federation is dealt with by the magistrate court.
Cases are initiated by the police, after which the material is submitted to the court for consideration. Both parties are required to participate court hearing.
As punishment, a tyrant husband may face:
- Mandatory work up to 120 hours;
- Arrest up to 15 days;
- Fine from 5 to 30 thousand rubles.
The fine is imposed in favor of the state, that is, in fact, the spouse will not receive anything. To compensate for the harm caused to her, she will have to file a civil lawsuit.
The guilty person must submit to the court a receipt for payment of the fine, otherwise a new administrative case will be filed for failure to pay the sanction.
As a rule, courts under this article are limited to imposing a fine of 5 thousand rubles.
Theoretically, spouses have the right to reconcile in court, then no punishment will be imposed. In practice, some judges do not reconcile the parties under this article.
In addition, the courts often receive counter-materials from administrative offenses when, during the conflict, each party receives damage.
If the guilty person has previously been subjected to administrative arrest for beatings, he will face criminal liability for the new episode.
For his actions to be qualified as beatings, it is necessary that the harm he caused does not correspond to a slight degree of damage to the victim’s health.
According to Art. 116.1 of the Criminal Code of the Russian Federation, the culprit faces the following punishment:
Art. 116 of the Criminal Code of the Russian Federation can be applied only when hooligan motives or hatred on racial, political, national or religious grounds can be traced in the actions and motives of the husband.
That is, if a husband hits his wife because she does not agree with his political and religious views, Article 116 of the Criminal Code of the Russian Federation will come into play.
What other article for beating a wife by a husband is provided in Russia as an alternative, besides those that have already been previously discussed?
So, depending on the motives of the husband, the degree of damage caused and the frequency of occurrence, other articles of the Code may also apply.
In particular, these include:
In addition, a husband can cause harm in a state of passion, and in the same state he can kill his wife. In this case, the liability will be more serious.
If a wife is beaten by her husband, one must not hesitate to forgive. One hit yesterday in a bad mood can turn fatal today.
First you need to decide where to go in such a situation. There are many authorities in the country, but you should start with the lowest and most accessible.
The victim's procedure should be as follows:
- Immediately after a family conflict, you should go to the emergency room;
- There, go through an inspection and receive a stamped original certificate;
- With this certificate, you must go to the police station to write and submit an application.
You have the right by law to apply to any police department, but it is better to apply at the place where the incident occurred.
The application must be written in two copies in order to control the time frame for its consideration by law enforcement agencies.
On the second copy, the police officer must mark acceptance. In addition, you must be given a notification coupon with information about the receipt of a response to the consideration of the application.
The application should be drawn up according to the following rules:
When the wife has written a statement, the police are obliged to check the circumstances of the case stated in it.. The police can either open a criminal case or administrative case, or refuse to open a case. In the latter case, the husband will be given a warning and registered.
If the police officer’s refusal to initiate a case seems unjustified to you, you can contact the prosecutor’s office. They will conduct an investigation and initiate a case. In addition, the prosecutor's office can punish a negligent police officer.
For 2019 according to Art. 116 of the Criminal Code of the Russian Federation, the injured party can independently apply to the court to initiate a criminal case as a private prosecution.
What to do from a legal point of view when a husband hits his wife? You are required to prove your legal position in court.
Important evidence is a certificate of recorded beatings. But when a wife calls the police at the time of a conflict, she does not have the opportunity to go to the hospital on her own and get a certificate.
At the moment of conflict, when the police arrive, you should ask the employees to call an ambulance to record the beatings.
Of course, if a husband beat his wife half to death, doctors will have no questions about the nature of the injuries. But when the wife suffered minor abrasions and bruises, delay in contacting medical institution for 3-4 days may be grounds for refusing to initiate a case.
In addition to the certificate in court, the testimony of witnesses will play more important as evidence.. If anyone saw or heard your conflict, these witnesses must be presented in court.
If possible, immediately after the incident, take a photo of yourself with your phone so that the damage is visible. If the blows were inflicted by any object, it is better to immediately remove it so that the husband does not have the opportunity to destroy it.
If you truly believe that you are in danger, you can exercise self-defense. The main thing in this matter is not to exceed its limits, otherwise you yourself will be the defendant in a criminal case, and not your husband.
Family tyranny must be punished to the fullest extent of the law. Decriminalization of an article of the Criminal Code of the Russian Federation does not mean that husbands now have the right to beat their wives and not be held responsible for it.
The Criminal Code of the Russian Federation will forgive them only a single episode of beatings. For a second similar offense, the offender will face a more severe punishment.
There is no need to endure torture and beatings; you need to protect your rights and not put your children at risk.
Domestic violence is common in modern society phenomenon. Often women do not want to wash dirty linen in public and tell others about the beatings inflicted by their husbands. This is the wrong model of behavior, because by letting the criminal get away with it, you endanger own life and the health and well-being of their children. To stop tyranny, you need to know where to turn and how to act correctly.
What is beating?
Article 116 of the Criminal Code of the Russian Federation comes to protect the interests of women who have been beaten by their life partner. According to its provisions, beatings are blows or other acts of a violent nature committed against the victim.
In Art. 116 we're talking about it is about actions, not their consequences. For example, if you were pushed and hit the corner of a table, this is not battery. This category will include other actions: if your husband hits you with his hand or object, or pulls you by the hair.
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Circumstances that increase the severity of a crime include its hooligan nature, the commission of an unlawful act motivated by national, ideological, or political hatred.
Liability for battery
If a woman is beaten by her husband, it is possible for him different types liability according to the Criminal Code of the Russian Federation. These include:
- imposition of a fine of up to 40 thousand rubles;
- compulsory or correctional labor;
- arrest;
- restriction or deprivation of liberty.
The final punishment for a husband who beats his wife or child is determined by the court. The government agency takes into account the circumstances of the crime and the presence of aggravating factors (state of alcohol or drug intoxication, criminal record or similar actions previously).
Beaten by my husband: brief instructions on what to do
Wife battery is a private crime. In other words, a criminal case can only be initiated by the victim himself, by contacting law enforcement agencies. The fact of committing an illegal act must be proven in court.
This does not mean that the injured wife is left to the mercy of fate. To bring the offender to justice, you need to take a few simple steps.
To call the police
Law enforcement officers will come to you and examine what happened. You will need to write a statement stating all the circumstances of the case. The document must indicate:
- your full name;
- registration address;
- Full name of the offender;
- description of what happened in detail;
- request to initiate a criminal case; date and personal signature of the applicant.
The document must describe the situation in as much detail and impartially as possible. For example: “On April 22, 2017, I was beaten by my husband, Petr Stepanovich Ivanov. He hit me three times in the face, one in the solar plexus area, one in the back of the head using an empty beer bottle. He then dragged me around the perimeter of the room by my hair.” The more accurately the circumstances of the case are outlined, the better for the investigation.
Based on the received statement, the police will send you to undergo a forensic medical examination to determine the severity of the beating.
Go to the hospital
If you are unable to call law enforcement officials to your home, contact any nearby medical facility. A clinic, outpatient clinic or hospital will do.
Tell the doctor that your husband beat you, and he will provide first aid medical care and will issue a certificate of beatings, which will reflect their number, nature, and method of infliction. In the future, an examination will be carried out based on this document.
Important! Determining the severity of beatings is the responsibility of forensic experts. Only they can give an appropriate conclusion. A traumatologist, therapist, emergency doctor and other medical staff do not have this right.
If your husband beat you, do not delay in going to a medical facility. Firstly, in order to avoid serious health consequences, you need timely medical attention. Secondly, it is easier to classify a “fresh” beating based on its severity. The further from the date of the crime, the more difficult it will be to establish a cause-and-effect relationship between the marks on the body and the actions of the offender.
Formally, a doctor’s certificate does not have an “expiration date.” This means that it can be used at any time before the statute of limitations in criminal proceedings expires. If your husband beats you without serious consequences, the period for going to court is two years.
Contact your local police station
This must be done if you did not call law enforcement officers to your home. Write a statement outlining the circumstances of how your husband beat you, present a certificate of beating. Based on these documents, a forensic examination will be carried out and a criminal case will be initiated.
Remember, in order to bring the culprit to justice, you must contact the police. IN otherwise the tyrant husband will remain unpunished.
If the husband beat the child
A man who raises his hand against his children should not go unpunished. The wife should definitely contact the internal affairs authorities.
Above all, ensure your child's safety. Try to hide it in another room, with neighbors or another safe place. At the same time, call the police.
If you see that the violence was not limited to bruises and abrasions, the child is in pain, provide first aid and call an ambulance. The victim will be taken to the hospital or the necessary medical actions will be performed on the spot. Based on the fact of the incident, you will be given a certificate of beatings, on the basis of which a forensic medical examination will be carried out.
Beating a minor is a crime of public prosecution. This means that a statement from the victim is not necessary to initiate a criminal case. A certificate confirming harm to the little person’s health is sufficient.
The punishment for beating a child by a citizen will be more severe than in the case of beating a minor. Based on the incident, the tyrant husband may be deprived of parental rights. This means that he will not be able to see his child, and in the future demand old-age alimony for his maintenance.
