The wife threatens to say that she is being beaten. What to do if the ex-husband does not lag behind, pursues, threatens? The former does not lag behind: reasons, reviews, advice from a psychologist, where to go? What to do if the ex-husband threatens

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18.09.2019 Victoria SHAHRAI. Photo by Pixabay.

Family violence is unacceptable. Experts give instructions on what to do if a man threatens physical violence, beats, insults or turns his own children against them.

If you love, let go

Yulia's husband (the heroine's name was changed at her request) from Starye Dorogi during the divorce began to persecute her, constantly calling, including at night, threatening to beat her.

Prior to this, the couple had been married for three years, the reason for the divorce, according to the heroine, was extinguished feelings. Julia admits that the aggression from her ex-husband shocked her, because during the marriage there were no cases of moral or physical violence.

- At first I wanted to disperse peacefully, I applied to the registry office, but he did not agree, he said that we would reconcile. After that, I sued.

All this year he does not allow me to live in peace. He says that he wants to make peace, and when I say that this will not happen, he begins to swear, several times he guarded me at the entrance.

According to Yulia, now she is stressed, she rarely leaves the house, she is so afraid of accidentally meeting her husband.

The court is scheduled for December, and the heroine admits that she fears that her ex-husband will move from threats to actions.

What can a woman who finds herself in such a situation do?

Irina Sukhanova, legal consultant for a nationwide hotline for survivors of domestic violence says that there is no direct responsibility for the persecution of the victim in Belarus.

But in such actions there are signs of deliberate infliction of mental suffering, and for this you can be held administratively liable. Therefore, the victim can write a statement to the police, in which it is important to describe what kind of mental suffering she is experiencing. Only close relatives or family members can be held liable for causing mental suffering.

If a spouse/partner during the persecution makes direct death threats, i.e. directly says that he will kill, then you can write a statement about the commission of a criminal offense. But if the aggressor openly expressed the threat of murder, persecuted, and at the same time did not proceed to action, then they may refuse to initiate such a case.

Maria Kapustina, psychologist, manager branch of the TCSON of the Pervomaisky district, believes that if a person with whom a relationship has already ended pursues a woman, then somewhere she made it clear to the man that he still has a chance for a relationship.

- It’s worth starting with a frank and calm conversation, in which you should try to clearly, without switching to tears and a cry, thank the person for everything that happened and convey to him that the relationship will no longer continue. In extreme cases, you need to contact the police.

What to do if a man threatens physical violence?

Psychologist: takes such threats seriously, assess all risks in advance. Even at the stage of verbal threats, it is worth making it clear to the man that in which case the woman will be able to give a worthy rebuff. And you should think about how to end this relationship.

Lawyer: need to seek protection from the police. They will help to draw up a statement as part of the administrative process, and if they see signs of a criminal offense, they will offer to write a statement on criminal liability.

What to do if the aggressor causes pain, but there are no clear visible marks on the body?

Lawyer: blows may not leave visible marks, but may cause serious internal damage. Such actions must also be recorded because they will be taken into account and considered by the court. You should definitely contact a medical institution, and as soon as possible. In the emergency room, you need to not only record and examine all possible injuries, but also insist that they indicate that they were inflicted by a person close to you. Also, file a complaint with law enforcement.

What to do if the aggressor uses psychological violence?

Lawyer: administrative liability is provided for causing mental suffering. But we must remember that only a close relative or family member can be held liable. For example, an ex-spouse is a former family member, so it will not work to attract an aggressor.

Psychologist: if discomfort arises in a relationship, you need to start with a heart-to-heart conversation. It is worth telling your partner about your experiences, fears, discomfort. Perhaps he will change. If this does not happen, you should ask yourself: do I need this relationship? There is usually only one way out - to get out of the "rapist-victim" relationship. Unfortunately, in a situation of domestic violence, it is difficult to “get through” to a woman and persuade her to leave her husband with sadistic tendencies, a brawler. First of all, a woman should remember that domestic violence is cyclical. It develops in a spiral, and will never end. First an act of violence, then a violent reconciliation with apologies, a period of calm, then another act of violence. There is no other way! Each time, the beatings get stronger, and the periods of “lull” can last longer, but then the beating still comes.

What if you are divorced but forced to live together?

Lawyer: property acquired by the spouses in marriage, regardless of which of the spouses it was acquired or by which of the spouses was acquired, is their common joint property. Spouses have equal rights of possession, use and disposal of this property, unless otherwise provided by the marriage contract. Therefore, in a divorce, it is necessary to agree on the division or exchange of property. If this is not possible, and the victim remains to live with the aggressor, it is important to contact the police in case of aggression in order to prevent more serious crimes. If the former spouse abuses alcohol, then he can be sent for compulsory annual treatment at the LTP.

An order of protection cannot be applied to a former spouse. It can only be applied to a family member for insult, destruction (damage) of property, physical violence.

A restraining order may prohibit contact with the victim, attempts to locate the victim, and even leave the common residence.

What to do if the ex-spouse sets the child against the mother?

Lawyer: Parents have equal rights and responsibilities in the upbringing of the child. When a marriage is dissolved, the spouses may conclude an agreement between themselves, in which they will determine all the issues of the upbringing and maintenance of children.

According to the Gender Perspectives website, a nationwide line for survivors of domestic violence in 81% cases call the victims - 94% women, 6% men. AT 18% relatives and friends call 0,3% - aggressors.

As practice shows, if the parents have not reached an agreement on the procedure for raising and living children, such cases are very painful and are considered in court. Moreover, they are considered with the obligatory involvement of the prosecutor, the body of guardianship and guardianship. From the age of 10, the opinion of the child is taken into account; from the age of 14, the child can decide for himself which parent to stay with, including filing a lawsuit.

Psychologist: try to agree personally at a meeting, in a calm atmosphere. If it doesn't help, it's best to go to court.

Where can you go, where can you look for help?

Lawyer: A large percentage of victims endure abuse for many years. They are afraid to turn to the police, because of the fear of allegedly "aggravate the situation." But fears and patience do not help to solve the problem of violence. On the contrary, our consulting experience shows that every time the situation only worsens. No need to be afraid to contact crisis rooms, shelters. Unfortunately, it is not uncommon for a victim after a beating, having already had serious consequences for his health, still does not want to move to a shelter or write a statement to the police.

For more information, survivors of domestic violence can contact TCSON: street 50 let VLKSM, tel. for consultations 72-73-77. The crisis room is located at a different address and its location is hidden.

Belarus has crisis rooms, shelters and shelters for victims of domestic violence. To settle in state crisis rooms, you need to contact the territorial centers of social protection of the population. Shelters for the victims are also provided by public organizations: for example, Radislava, SOS-Children's Villages, where the victim can move in at any time, subject to availability.

Contact the National Domestic Violence Hotline8 801 100 8 801 . Consulted by lawyers and psychologists. Together we can come up with a plan to get out of a difficult situation.

Quite often in our modern Russian reality, women are faced with domestic violence.

The reasons for such psychological or physical violence are in most cases the inability to protect oneself on one's own.

If the psychological problems of both become the causes of psychological violence on the part of a man towards a woman, and it is necessary to solve them accordingly at the appointment with the appropriate specialist, then with regard to physical violence, everything is more or less simple.

In this article, we explore the methods of legal influence on the aggressor, we will study the tactics of resisting violence.

Important! The order of actions in case of threats depends primarily on the nature and content of the threats themselves from the husband. In practice, threats to kill, inflict grievous bodily harm, and other similar actions are quite common.

Criminal liability for death threats

It is worth noting that criminal liability occurs only in the event of a threat of murder or infliction of grievous bodily harm, and in most cases law enforcement officials refuse to initiate such cases, since it is quite difficult to qualify the actions of the threat as potentially dangerous to the life and health of the victim.

So, consider the amount of responsibility for such acts.

Threatening to kill or cause grievous bodily harm may result in one of the following penalties:

mandatory work up to 480 hours;
restriction of freedom up to 2 years;
forced labor up to 2 years;
arrest up to 6 months;
imprisonment up to 2 years.

If the above actions are committed on the grounds of ideological, political, or national, racial or religious hatred or on the grounds of hatred or enmity against any social group, then the punishment may be imposed in the form of:

forced labor up to 5 years with deprivation of the right to hold certain positions or engage in certain activities up to 3 years or without it;
imprisonment for up to 5 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years or without.

Thus, we see that the responsibility for such actions is quite tough, however, as already noted, it is difficult to prove the fact that actions are dangerous for a person. That is, if a person simply said “I will kill you” or other words containing a similar meaning, then a refusal to initiate proceedings will follow, since the words are not supported by any actions.

Ask a lawyer

The danger of the threat being carried out in this case is the main qualifying feature, according to which it is possible to initiate a criminal case. Most often, the reality of the implementation of the threat can be taken into account by the police officers when the offender held any weapon in his hand or performed other actions that can be regarded as the possibility of realizing the threat (for example, hitting, strangling, etc.).

What to do if the husband threatens with reprisal and murder?

If you are faced with threats against you, then you must definitely report this to the police by submitting an appropriate application, even if the person did not take any actions aimed at fulfilling the threat.

Important! Your statement to the police will “sober up” the aggressor and make you think about the possibility of adverse consequences in the form of criminal prosecution. And perhaps the desire to perform such actions in the future will disappear.

If the application to the police did not give any results and the person continues to commit similar acts, it is necessary to file a statement with the police for each fact of the threat. In the future, it is possible to file an application on the fact of torture, that is, systematic mental or physical violence.

An application on the fact of threats of physical violence by a husband (former or current) can be submitted in free form in writing or orally. If the application is submitted orally, then the employee who accepted the application fixes it in the protocol, where you must put your signature and indicate your personal data.

Important! If the application is submitted in writing, then it must contain your personal data, the nature of the crime (date, place, time), the alleged perpetrator.

In both cases, the message about the crime must contain a note about the notification of the person who submitted the statement of responsibility for knowingly false denunciation.

Important! And remember, fear on your part increases the aggressor's desire to continue to abuse you! There is nothing to be afraid of!

In this publication, we have studied the methods of legal influence on the aggressor, studied the tactics of resisting violence.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.

Last updated March 2019

Any threat - regardless of whether the person who voiced it is close or an outsider, is essentially psychological violence. It never passes without a trace: in childhood, its consequences are especially deplorable, but the pressure of this nature also has a negative impact on adults.

Criminal law provides for liability for threats in various forms - depending on the circumstances under which it is carried out or not carried out, depending on the purpose of the statements. Consider options for liability for threats of a different nature.

Bullying is punishable

There are several criminal law provisions in the legislation that are responsible for bringing to justice for intimidation. Article 119 of the Criminal Code of the Russian Federation is considered to be the main article providing for punishment for death threats. But this norm alone does not limit liability - various chapters of the criminal law provide for signs of threats as part of the actions of individual crimes. Thus, the following elements of criminal law violations may contain (or necessarily contain) intimidation as a feature:

bodily harm (of any degree);
extortion;
crimes against sexual inviolability (rape, sexual acts, etc.);
robbery;
kidnapping;
some others.

Article 119 of the Criminal Code of the Russian Federation

This provision directly provides that the threat of murder or infliction of grievous bodily harm to the victim constitutes an independent, separate crime. In order for a criminal case to be initiated, it is not necessary to file an application - such cases do not have a private nature in the legal sense and are initiated upon the discovery of a relevant offense. In other words, the victim, who initially wished to bring the offender to justice, does not have the right to subsequently “take away” the application, as is possible, say, in case of beatings under Art. 116.1 of the Criminal Code of the Russian Federation.

Example #1. Neighbor Petrov I.I. and Makarov A.T. in the yard of an apartment building they quarreled, after which Makarov took Petrov by the throat and began to choke him. There were witnesses in the courtyard who saw everything that was happening and called the police. The district police officer who arrived at the scene found out all the circumstances, as well as the fact that Petrov and Makarov had reconciled, together they were already drinking alcohol. Moreover, Petrov flatly refused to write a statement about his drinking buddy, believing that there would be no case without this document. At the same time, four eyewitnesses were interviewed by the district police, who confirmed the actions of Makarov A.T., including strangulation, which was confirmed by the presence of Petrov I.I. on the neck. bruises. The case was initiated, but later, when considered in court, the parties reconciled.

Indeed, this article provides for the possibility of reconciliation according to the general rules of the criminal law:

compensation for harm to the victim (this can be not only compensation in monetary terms, but simply an apology);
a person who is held liable under Article 119 of the Criminal Code of the Russian Federation has no criminal record.

Features of Article 119 of the Criminal Code of the Russian Federation

If there are no grounds for reconciliation or termination of the case on other grounds, the court must establish whether there is a corpus delicti and whether the perpetrator is subject to punishment. So, when considering the case, the signs of a crime are established:

Reality of Threats

This is one of the most basic criteria by which qualifications are determined. There is some nuance here - the main thing is that the victim perceives intimidation as if it could actually be carried out. The circumstances under which threats are made can help to understand whether the victim understood the gravity of the statements or not.

The reality of intent to harm or kill can be indicated by:

the use of weapons, as well as any objects with which physical violence can be carried out. These can be brass knuckles, bats, stun guns, just household heavy objects, etc. It is not necessary to use them - for liability it is enough to demonstrate such items to the victim and at the same time threaten;
actions that directly confirm the words: strangulation, beating, etc.

It must be understood that even if the victim testifies about the real perception, there must be an objective assessment of the situation by the police.

Example #2. During the quarrel, the husband pressed his wife against the wall, squeezed her neck with his fingers and said, “I will kill you now.” Since the husband was in an extremely aggressive state, in a strong degree of intoxication, he squeezed his neck with force, the woman thought that she would indeed suffer at least serious harm to her health. The man was attracted under Art. 119 of the Criminal Code of the Russian Federation.

Example #3. While drinking alcohol, two workers at a construction site came into conflict, during which Petrov V.V. said to Sidorov R.O.: “I would kill you now, but I don’t want to sit for it.” Since the phrase was thrown during a quarrel, without touching Sidorov R.O., without using any means, in initiating a criminal case under Art. 119 of the Criminal Code of the Russian Federation, the investigator refused due to the lack of grounds to consider the expressed threat real.

As we can see, in example No. 2 it is objectively possible to assert a real danger to the victim, in the third example there are no such objective data, although the applicant thinks otherwise.

Victim's opinion

For qualification under Art. 119 of the Criminal Code of the Russian Federation, it does not matter whether the perpetrator really wanted to carry out the threat - what is important is that the victim believed in its possible implementation. At the same time, the person held liable must understand that the situation is perceived by the victim as dangerous.

Example #4. A group of drunken men were practicing throwing knives at a makeshift target that had been attached to a tree. A young college student passing by caught the attention of the leader of the company, who began to loudly urge the guy to become a human target for everyone instead of a drawn circle. The guy refused, but at the same time he was very frightened and took the leader's words as a clear threat, especially since the words were reinforced by the fact that they dragged him to a tree and tried to tie him. Concerning the guilty person, who was the main one in the group of men, a guilty verdict was passed under Art. 119 of the Criminal Code of the Russian Federation. During the trial, the perpetrator explained that he did not want to cause any harm to the boy, he just decided to joke. Contrary to this position, the court took the subjective opinion of the victim as a basis, regarded his testimony as truthful and delivered a guilty verdict.

Injuries

Simultaneously with verbal threats, criminals often inflict bodily harm on the victim. Sometimes this is done to convey to the victim the reality of intentions, in other cases such actions are simply consequences of the actions of the perpetrator (for example, marks from an attempted strangulation). Bodily injuries are classified according to the ideal set of crimes - under two articles of the Criminal Code - for example, under Article 119 of the Criminal Code of the Russian Federation and 116 of the Criminal Code of the Russian Federation (beatings).

Example #5. A previously convicted man had a long-standing conflict with his elderly mother because of the apartment (the woman discharged her son from her apartment while he was serving his sentence in the form of imprisonment). Once, having consumed a large amount of alcohol, the son, in a fit of anger, began to put a gag into the mouth of an elderly woman, saying: “I can’t wait for your death, now I’ll help you go to the next world.” The woman was inflicted with lacerations of the oral cavity, which was regarded by the expert as injuries that did not entail any health disorder, that is, beatings. The man was prosecuted and convicted under two articles - for a threat to life and health and under Art. 116 of the Criminal Code of the Russian Federation.

What threats are punishable

Not all statements about causing harm to health are subject to criminal law assessment. Thus, within the meaning of the article under consideration, only those who threatened to kill or cause grievous harm are brought to criminal responsibility.

The question arises, how to distinguish between the degree of violence with which the victim is frightened - is it sufficient to initiate a case? Answering such a question, in each specific situation, the content of the threat is analyzed and compared with the Rules for determining the severity of harm to health, which are used by medical experts.

Thus, serious harm, life-threatening to health, can include the loss of an organ or its function, the loss of the ability to move or serve oneself at home, serious head injuries (fracture of bones or cranial vault), disfigurement of the face, penetrating wounds to vital internal organs and etc.

Thus, for liability under Art. 119 of the Criminal Code of the Russian Federation, statements must contain a threat of using approximately the same violence, that is, serious, or causing death.

Difference from attempted murder

There is an important distinction to be made between the threat to kill and intimidation with attempted murder. In some situations, it is very difficult to distinguish between these elements of crime, even for professionals.

Example #6. Neighbors of nearby summer cottages quarreled over the adjacent territory. As a result, the neighbor Mamonov took his hunting rifle, put Serebryakov to his chest and said the phrase “Goodbye to life”, Serebryakov took the threat realistically. The question arises - which article will be applied in this case, providing for liability for a threat or an attempted murder? After all, Mamonov came very close to the victim, pointed the barrel of the gun at Serebryakov's body, while the gun was loaded.

The answer to this question is related to the need to clarify the intent of Mamonov, was it covered by causing death or did it involve only intimidation? If nothing prevented Mamonov from carrying out his intention to kill, but he did not do this, then his liability will be limited by Article 119 of the Criminal Code of the Russian Federation. If the reason for the lack of a shot was, for example, the intervention of other persons (a neighbor saw and shouted “what are you doing”, the gun jammed, etc.), then Mamonov will be charged with attempted murder.

Thus, if you are afraid of the implementation of the intentions expressed to you to beat or kill, you need to write a statement to the police, correctly setting out the reasons why you came to the conclusion about the real danger.

Example of a police report

Chief of Police Department _____
______ (which) district of _________
Petrova I.I.,
residing at ____________ (specify)
Tel._______________ (specify)

STATEMENT

I ask to prosecute Romanov R.P. for the fact that on November 10, 2016 on the landing of the second floor of the first entrance of the house number 8 on the street. Zelenaya, Mr.________, he threatened me with physical violence. So, Romanov R.P. said that he would kill me, namely, that he would now take a knife and slaughter me. At the same time, R.P. Romanov, being in a state of alcoholic intoxication, really took a knife from his apartment and pointed it at me, continuing to express his intentions to cause my death.

All words by Romanov R.P. I took it realistically, because he was aggressive, with a knife in his hands, there were no other people at the scene, no one came to my aid. Then Romanov R.P. went to his apartment and never came out again.

On criminal liability for knowingly false denunciation in accordance with Art. 306 of the Criminal Code of the Russian Federation I am warned.

Petrov I.I., date, signature.

The application can also indicate which witnesses can confirm your explanations (maybe the neighbors heard the screams), the address of the offender, as well as other information that deserves attention. If threats were made to the child, the application is written on behalf of the parent (legal representative).

Based on the results of consideration of the application, if there are sufficient data indicating the presence of a crime, the case will be initiated within 3-10 days, and an inquiry will be carried out on it.

Threats on the phone and the Internet

The Internet has long been a means of communication not only for conscientious users, but also for criminals. The problem of leakage of personal data and their subsequent use for dubious purposes has long been known in society and ways to solve it have not yet been found.

That is why, in order to avoid any threats through the Network, we strongly advise:

never upload your photos of an intimate nature (on any sites - whether it's dating or just a cloud to store your data);
if you use social networks, make your profile private to strangers, add friends only after they provide full information;
do not send your photos (any) to strangers or unfamiliar people;
do not correspond on a topic that you do not like to talk about or you would not like someone else to know about it - insist on a personal meeting.

The law does not make an exception for this type of psychological abuse and recognizes those who express a threat to a person through electronic communication as guilty. Here, the requirements for the real perception of intimidating phrases by the victim must also be met. At the same time, it will be more difficult to prove guilt in such cases.

Example #7. The woman met a man through Internet dating, but she did not like the gentleman in person, she refused to meet with him. Offended, Yermolaev began to send Morozova SMS and threatening emails, which indicated the intention to beat her to death, break her legs and arms, and make her an invalid. The woman wrote a statement to the police. After numerous refusals to initiate a criminal case and the same number of cancellations by the prosecutor's office, a case under Article 119 of the Criminal Code of the Russian Federation was nevertheless initiated. At the same time, the decisive factor was the fact that Yermolaev had previously served time for causing grievous bodily harm to another person, met Morozova every evening near her entrance with a bat in his hands, because of which she had to ask to see off her colleagues, wrote on her wall in the Vkontakte application "Soon you will be disabled" (authorship has been established).

As we can see, the reality of the threat is quite difficult to prove in the case of their utterance at a distance. At the same time, in the presence of sufficient data indicating the validity of the opinion of the victim about the real danger to his life or health, the perpetrators are nevertheless held accountable and they are punished.

Punishment for intimidation

In itself, this crime refers to acts of minor gravity, unless, of course, there are accompanying articles. Yes, the maximum penalty for intimidation is limited. two years in prison Compulsory (public) work for up to 480 hours may also be assigned.

The situation is aggravated when the threats were made for a national motive (that is, in connection with the victim's belonging to a certain race, nationality) - then the punishment can be increased to five years' imprisonment.

As we wrote earlier, threats and insults can be signs of other articles, sometimes serious and especially serious:

if, after being intimidated to beat a person, they really beat him, causing grievous bodily harm, then a separate qualification under Art. 119 of the Criminal Code of the Russian Federation is not required - after all, the perpetrator actually realized his intentions, therefore, responsibility arises for beating;
in case of open theft (that is, robbery), threatening to use violence (not life-threatening) is one of the points of the article that increases the punishment (up to 7 years in prison);
the threat of a weapon is provided for in the article for committing robbery as a qualifying sign of a crime, automatically increasing the sentence to 12 years in prison;
in case of intimidation and at the same time demanding the transfer of money, the guilty person will be held liable for extortion, where the punishment can be up to 15 years in prison, if there are other additional signs. Cases of this category include articles about extortion by collectors, often with the help of telephone threats;
if the victim of rape is threatened with murder, then the perpetrator will be punished up to 10 years in prison (for comparison: without this sign - up to 4 years);
if, when kidnapping a person, the kidnappers threaten to cause death, the maximum possible punishment is increased from five to twelve years.

Results

The main norm, which provides for liability for threats of murder or serious bodily harm, is Art. 119 of the Criminal Code of the Russian Federation. It is important to confirm the reality of the expressed threats and the objectivity of the fear of the victim.
Punishment for a crime under Art. 119 of the Criminal Code of the Russian Federation, in general, does not exceed 2 years of imprisonment. In some cases, it can be extended up to five years.
Sometimes threats are signs of other crimes, the responsibility for which is already quite serious, and the punishment can exceed 10 years in prison.
Intimidation via the telephone and the Internet is also a criminal offense, but it is more difficult to prove the real danger for the victim here.
Threats are not crimes of a private nature, such criminal cases can be initiated without a statement from the victim. An inquiry is carried out on them, and reconciliation is possible in court if the harm to the victim is smoothed out and he himself wants to stop the proceedings.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

Spouses are frequent defendants in criminal cases of beatings. Domestic violence always remains one of the most common types of crimes that cause harm to human health.

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

Battery inflicted by relatives or spouses is no longer a criminal offence. They are regulated by the Code of Administrative Offenses 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 threatens him in this case? What should a wife do if her husband raises his hand against her?

Not every beating by a husband of his wife will be qualified under the article “Beatings”. For qualification, the circumstances of the deed and, above all, the degree of harm caused are taken into account.

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

In the 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 will depend on the severity of the article under which your husband will be judged. The main thing in this case is to record beatings in a medical institution 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 husband-tyrant.

The first attempt to commit a beating qualifies as an administrative offense, relapse - 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 was decriminalized. This is considered an administrative offense.

What will happen to the husband if the wife has removed the beating depends on what will be indicated in the medical report. This document is the main guideline for initiating a criminal case and sentencing.

In 2017, Art. 6.1.1, which deals with cases of family beatings.

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's Court.

Cases are initiated by the police, after which the material is submitted to the court for consideration. Both parties are required to attend the hearing.

As a punishment, a tyrant husband may face:

Compulsory 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 receive nothing. To compensate for the harm caused to her, she will have to file a lawsuit in a civil court.

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

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

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

In addition, counter-materials of administrative offenses often come to the courts, when each of the parties receives damage during the conflict.

If the perpetrator has previously been subjected to administrative arrest for beatings, he will face criminal liability for a new episode.

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

According to Art. 116.1 of the Criminal Code of the Russian Federation, the perpetrator expects 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 in Russia is provided as an alternative, except for those that have already been previously considered?

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

In particular, these include:

In addition, a husband can harm in a state of passion, in the same state he can kill his wife. In this case, the responsibility will be more serious.

If a wife beats her husband, you can not hesitate and forgive. One hit yesterday in a bad mood, today can turn into a fatal one.

First you need to decide where to turn in such a situation. There are many instances in the country, but one should start with the lowest and more accessible.

The procedure for the victim should be as follows:

Right after family conflict should go to the emergency room;
There, go through an inspection and get your hands on the original certificate certified by the seal;
With this certificate, you must go to the police station to write and submit an application.

You have the right to apply by law to any police station, but it is better to file an appeal at the place of the incident.

The application is required to 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 put a mark of acceptance. In addition, you are required to issue a notification coupon with information about the receipt of a response on the consideration of the application.

The application must be made according to the following rules:

When the wife wrote a statement, the police are obliged to check the circumstances of the case set out in it. The police can either initiate criminal proceedings or administrative material, or issue a refusal to initiate a case. In the latter case, the husband will be given a warning and put on record.

If the refusal of the police officers to initiate a case seems unreasonable to you, you can contact the prosecutor's office. They'll check it out and file a case. In addition, the prosecutor's office can punish a negligent police officer.

For 2020, according to Art. 116 of the Criminal Code of the Russian Federation, the injured party may independently apply to the court with an application to initiate a criminal case in the manner of private prosecution.

What to do from a legal point of view when a husband hit his wife? You need to prove your legal position in court.

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

At the time of the conflict, when the police arrive, you should ask the employees to call an ambulance to fix the beatings.

Of course, if a husband beat his wife half to death, doctors will not have questions about the nature of the injuries. But when the wife has minor abrasions and bruises, a delay in contacting a medical institution for 3-4 days may be grounds for refusing to initiate a case.

In addition to a certificate in court, the testimony of witnesses will play a greater role as evidence.. If someone saw your conflict or heard it, these witnesses must be declared in court.

If possible, immediately after the incident, take a picture of yourself on the phone so that the damage can be seen. If the blows were inflicted by any object, it is better to remove it immediately so that the husband does not have the opportunity to destroy it.

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

Family tyranny should be punished to the fullest extent of the law. The 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 the second similar misconduct, the attacker will face a more severe punishment.

There is no need to endure torture and beatings, it is necessary to protect your rights and not put your children at risk.