Aggression falls into the category of intentional crimes, since the person understands what they are doing and realizes that their actions can have negative consequences.
“In this case, blows can be inflicted with both hands and feet, as well as with the use of various objects. This fact will be taken into account as an aggravating circumstance, even if the health of the injured party was not seriously harmed,” explains lawyer Diana Shestopalova.
In his words, at the legislative level a certain gradation of the consequences of this crime has been approved: slight, moderate and serious damage to health, as well as death.
“The specific penalty will depend on the severity of the consequences. To determine the objective nature of the damage to health, the victim will be sent for a medical examination, which is necessary to establish the severity of the damage caused,” says the lawyer. .
Liability for beatings, he points out, is regulated by the following provisions of the law:
• Article 6.1.1. The Code of Administrative Offenses of the Russian Federation is applied in situations where beatings caused only physical discomfort, but did not in any way affect the health of the injured person;
• Article 116 of the Criminal Code of the Russian Federation applies if there were no negative consequences for the health of the victim (except for physical pain), but the offender acted from hooligan motives or the motives for his act are hatred and the enmity;
• Article 115 of the Criminal Code of the Russian Federation applies if the result of the beating is minor damage to health and the victim temporarily loses his ability to work (no more than 21 days).
“To qualify actions under Article 116 of the Criminal Code of the Russian Federation and Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation, multiple strikes are important, but to bring to justice under article 115 of the Criminal Code of the Russian Federation. Russian Federation, even a single use of force is enough. In addition to the indicated provisions, the Criminal Code of the Russian Federation also contains other articles establishing liability for causing harm to health (articles 111-114 of the Criminal Code of the Russian Federation).
If the committed crime falls under Article 116 of the Criminal Code of the Russian Federation, various types of punishment can be applied to the offender, namely, compulsory labor for 360 hours, correctional labor for up to 1 year, restriction of freedom and forced labor for 2 years, 6 months of arrest and 2 years of prison.
According to Article 115 of the Criminal Code of the Russian Federation, an attacker faces a fine of up to 40 thousand rubles, compulsory labor for 480 hours or correctional labor for up to 1 year, or arrest for up to 4 months.
If the result of the beating was moderate damage to health, as well as the loss of the ability to work for a period of more than 21 days, the penalty is determined in accordance with Article 112 of the Criminal Code of the Russian Federation . The offender can go to prison for 3 years, receive arrest for 6 months or hard labor for 3 years.
In the event that a forensic medical examination determines that the victim has suffered serious damage to health, the penalty is established under Article 111 of the Criminal Code of the Russian Federation and is up to 8 years in prison. If as a result of the beating the victim dies from the injuries inflicted, the aggressor can go to prison for up to 15 years.
