Criminal Code of the Russian Federation beating a child. Beating of minors

Currently, unfortunately, cases of mental and physical violence against minors are common. One of its forms is beating, beating, and torturing the victim. As a rule, conflict situations arise in educational institutions ( kindergarten, school) and in the company of other minors.

In this publication, we will determine what the threat (amount and type of liability) is for beating minors, the procedure for filing and considering an application regarding this fact.

How much do they give for beating minors under the article of the Criminal Code of the Russian Federation?

The type and amount of liability for beating a person under 18 depends on the type of crime.

All crimes encroaching on the life and health of minors associated with beatings can be divided into 3 types:

beatings;
causing harm to health of varying severity;
torture.

Important! Battery is the mildest crime of the above, characterized by single or repeated blows that cause pain, which do not lead to impairment of health and loss of ability to work.

This offense without qualifying criteria (special circumstances) may entail:

fine - up to 40,000.00 rubles or in the amount of the defendant’s earnings for up to 3 months;
compulsory work - up to 360 hours;
correctional labor - up to 6 months;
arrest - up to 3 months.

If these actions are committed out of hooligan motives or motivated by racial, political, national, ideological or religious enmity or hatred, or motivated by enmity or hatred against any social group, then the punishment is as follows:

compulsory work up to 360 hours;
correctional labor for up to 1 year;
restriction of freedom up to 2 years;
forced labor for up to 2 years;
arrest up to 6 months;
imprisonment for up to 2 years.

Important! Torture is a crime characterized by the systematic infliction of physical or mental suffering.

Such actions in the absence of qualifying signs entail:

restriction of freedom - up to 3 years;
forced labor - up to 3 years;
imprisonment - up to 3 years.

If these acts were carried out in relation to two or more persons; a minor or a person in a helpless state or in financial or other dependence on the perpetrator, motivated by ideological, political, national, racial or religious enmity or hatred, then punishment may be imposed in the form of imprisonment for a term of 3 to 7 years.

Important! Causing harm to health is a crime that is expressed in the commission of physical violence against the victim, resulting in temporary health problems and loss of ability to work.

Liability for causing harm to health is established depending on the severity:

minor harm to health (Article 115 of the Criminal Code of the Russian Federation);
moderate harm to health (Article 112 of the Criminal Code F);
grievous harm to health (Article 111 of the Criminal Code of the Russian Federation).

The severity of harm to health is determined by a forensic medical expert.

How to prosecute for beating a minor?

First, it is necessary to highlight all the options for influencing the perpetrators of harm, and then describe the procedure for contacting law enforcement agencies in order to file a statement regarding the commission of a crime.

Procedure in in this case depends on the person from whom the conflict comes. Most often this is either another minor or a teacher or an adult.

Important! If the instigator is another minor, then the easiest way to try to resolve such a situation is to conduct a preventive conversation with the participation of both parties to the conflict and their parents, an educational psychologist.

If minors are studying in different educational institutions, then you can submit an application with a request to conduct a preventive conversation with the child and parents directly to the commission on minors’ affairs.

If you are concerned about the situation and the child has suffered significant bodily harm, or if you want to teach the instigator a lesson, you can file a complaint about this fact with law enforcement agencies, in particular the police.

However, if the child has not reached the age of 16, police officers will decide to refuse to initiate a criminal case due to the lack of corpus delicti, namely the subject of the crime. But the refusal to initiate a case is sent to the commission on juvenile affairs. The child will be registered as a dysfunctional minor or the entire family as a dysfunctional family and will be periodically invited to the commission for a preventive conversation, as well as to examine living conditions. In addition, the parents of a minor will likely be held accountable for improper (failure to fulfill) parental responsibilities.

Important! Material damage and moral damage damages caused by the crime can be recovered from the parents of the minor.

In practice, there are cases of beating of minors by teaching staff.

In such a situation, there are several options for influencing a negligent employee. educational institution, which can be implemented both comprehensively and separately:

preventive conversation;
contacting the police;
demand for the dismissal of a teaching employee.

You can apply for the dismissal of the guilty employee to the director or directly to the education department, since even a one-time incident of assault is grounds for the dismissal of a teaching employee.

Procedure for contacting the police regarding the beating of a child

The procedure for filing and considering an application for beating depends on the type of crime, which were indicated above.

It should be emphasized that beatings and causing minor harm to health are matters of private prosecution, and therefore are initiated only at the request of the victim or his legal representative. Torture and other types of bodily harm are matters of public prosecution, so filing a statement is not necessary to initiate a case. The basis may also be another document: a message from the guardianship and trusteeship authorities or a school, or a report from a police officer on identifying signs of a crime.

Important! If you file a complaint regarding beatings, you can submit it either to the police or directly to the court.

A statement to the police is filed if the personal information of the person who caused the beating is not known. If they are known, then you can immediately go to court.

A statement to the police regarding beatings (causing minor harm to health) must contain a description of the essence of the situation, as well as the personal and passport details of the applicant.

An application to the court for beatings (causing minor harm to health) must contain:

name of the court and its address,
the event of the crime, its time, place and circumstances of commission,
request for acceptance of materials for production,
personal and passport details of the victim,
personal information of the suspect,
list of witnesses called, signature of the applicant.

Important! Copies of materials for the suspect are attached to the document. The statement makes a note that the victim is aware of the responsibility for false denunciation.

Torture and infliction of moderate and serious harm to health is not a matter of private prosecution, unlike beatings (minor harm to health), the accusation is of a public nature, therefore in such cases it is necessary to contact the police.

Important! An application to the police department regarding the above crimes is submitted in any form, but it is necessary to indicate the contact and passport details of the applicant, describe the crime event (date, time, place, alleged criminal) and make a note that the applicant has been notified that that a false denunciation entails liability for Art. 306 of the Criminal Code of the Russian Federation.

Based on the results of consideration of the application, within 3-10 days, the investigator (inquiry officer) initiates a criminal case or issues a decision to refuse to initiate a criminal case, which can be appealed to the prosecutor's office.

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

In the Criminal Code of the Russian Federation, physical violence against a person may fall under various articles, each of which qualifies harm to the victim, based on the severity of the consequences, motives and circumstances of the beating. There is no special article for beating minors, but if violent actions against a child lead to serious negative consequences for his physical and mental health, then such a crime can be classified as serious and deserving of severe punishment. In addition, the age of the victim in itself is an aggravating circumstance.

The legislation provides for various penalties for beating: ranging from a warning to a long prison sentence. Causing slight harm to health and causing bodily harm of varying severity are assessed by the court, taking into account the results of a subsequent medical examination.

What is the penalty for beating a child?

The beating of minors in the Criminal Code is classified into three types of crimes:

beatings (without causing significant health consequences);
torture (systematic beating of a person with the aim of causing him physical and psychological suffering);
beating of the victim, causing injury or bodily harm that requires long-term recovery of the body.

The most common charge for beating minors is battery (Article 115). Often, minor harm to a child’s health occurs in his/her familiar environment - family, school, or in a neighborhood group. Despite the fact that beatings are not accompanied by serious consequences for the health of minors, beatings with bruises, scratches and abrasions can also cause trial. This applies not only to cases when a child is beaten by an adult; a statement from parents can also be accepted after a fight between children.

Beating minors (inflicting minor bodily harm) is punishable in the Criminal Code of the Russian Federation by paying a fine not exceeding 40 thousand rubles, or administrative arrest for a period of 15 days to 3 months. By court decision, the instigator of the fight may also be assigned community service. If, after the beating, the victim’s clothes were torn or he suffered other material damage, the court may recover from the culprit the cost of the damages caused.

According to paragraph 2 of Article 115 116 of the Criminal Code of the Russian Federation, beating may result in a more severe punishment (arrest for up to 180 days or imprisonment for up to two years) if the crime was committed:

for hooligan purposes;
due to hostility towards the victim’s nationality, race or religious group to which he belongs;
using a weapon or similar object.

Responsibility for torture of minors

Torture of a child, not accompanied by mutilation or beatings of moderate severity, entails more serious liability before the law. Since the torture of minors is systematic beating or other violent acts over a long period, it causes severe harm to the child’s psyche. Accordingly, liability for it cannot be limited to a fine or compensation for moral damage to the victim. For systematic beating of minors, Article 117 of the Criminal Code of the Russian Federation allows for punishment of up to three years in prison.

If the bullying was accompanied by aggravating circumstances, the sentence may increase to 7 years. According to paragraph 2 of Article 117 of the Criminal Code of the Russian Federation, such circumstances include systematic beating:

groups of victims (more than two people);
subordinate or his relatives;
pregnant woman;
a minor or other helpless person (unconscious, tied up, kidnapped);
committed by a group of persons over a long period;
including torture of varying severity or without causing serious harm to health, but accompanied by actions causing severe moral suffering;
for reasons of religious, racial or national hostility.

The basis for the prosecutor’s office to open a criminal case under Article 117 of the Criminal Code of the Russian Federation “torture” can be not only a statement from the parents of a minor, but also:

results of medical examination;
a complaint from the child himself or other persons (neighbors, teachers, parents of classmates, random witnesses).

When determining the punishment for the torturer, the court takes into account not only the obvious harm to the victim’s health, but also the duration of the abuse, its motives and other factors.

Responsibility for inflicting beatings of varying severity on a minor

Beating a child, resulting in serious consequences for his health, is one of the most serious crimes in the Criminal Code. Beating with mutilation (Article 111) or beating causing moderate harm to health (Article 112) provides for punishment in the form of long imprisonment, the term of which is determined by a combination of factors such as:

duration of health deterioration;
the presence or absence of injuries on the victim’s body;
beating with extreme cruelty or using torture;
beating of a pregnant woman;
mutilation for the purpose of further organ transplantation of the victim;
presence of motives for any discrimination;
for hooligan reasons;
beating of a minor.

In each of the above cases, the law provides for a punishment for the offender in the form of imprisonment for a term of up to 10 years (clause 2 of Article 111). If the beating was committed by a group of people, then the perpetrators will be punished with imprisonment for up to 12 years.

Beating a minor with moderate bodily harm (Article 112), which requires long-term rehabilitation, but without injury, threatens the attacker with imprisonment or restriction of freedom for up to 3 years. The court may also impose a sentence on the offender in the form of arrest for up to 6 months.

How to bring to punishment

If we are talking about an ordinary school fight that does not have serious consequences, and not about the systematic beating of a weak or junior person at school or in another place, filing a police report, in most cases, is inappropriate, since it is unlikely to have legal consequences. The punishment for the instigator here will most likely be a preventative conversation with class teacher, director or head teacher of an educational institution. In addition, a school psychologist will be involved in resolving the conflict.

Usage psychological assistance a qualified specialist working with schoolchildren is especially important if there is an established conflict between the participants in the fight, which cannot be resolved by moral teaching alone.

Having noticed a black eye or abrasions on the son’s body, parents should find out their origin, specifying the degree of guilt of each participant in the conflict. Otherwise, the student's father or mother may find themselves in an awkward position when, after complaining to school management, it turns out that their child is the instigator of the fight.

It is worth considering that by demanding a severe punishment for another schoolchild who beat your son or daughter, you risk facing the police refusal to initiate a criminal case. If the perpetrator of the fight has not yet reached the age of 16, and the bodily injuries of the victim cannot be classified as severe or moderate, then such actions are not subject to liability due to the young age of the offender.

At the same time, refusal to initiate a criminal case does not mean that the statement of the parents of a beaten child will be thrown into the trash. The complaint is sent to the commission on juvenile affairs, where, based on an assessment of the situation, a decision will be made to register the “difficult teenager.” If preventive conversations with the brawler did not produce a positive result, and beatings or bullying of other children became systematic, then such a teenager can be sent to a closed educational institution - a special school for minors for up to three years.

Contacting the police

If there is serious damage to the child’s health, in order to punish the perpetrator of the beating, the parents of the injured teenager should submit a written statement to the nearest police station. If the beating or torture of a minor occurs in the family, the responsibility to report the crime lies with every citizen who witnessed the incident or knows reliable information that the minor’s father, mother or other family member is beating him.

A report or signal to the police can be initiated by the student's class teacher, a neighbor, a bystander, a classmate's parents, or other people.

In order for the criminal to suffer a well-deserved punishment in the form of arrest followed by imprisonment, the applicant should take care to provide evidence of the crime committed - witness testimony or material evidence (video recording, photographs, the weapon with which the injuries were caused). The victim’s parents should definitely have a medical examination of the injuries inflicted on their son or daughter.

These measures will not only make it possible to initiate a criminal case for beatings or torture, but will also not allow the criminal to escape a well-deserved punishment.

Beating of minors is a common phenomenon not only among teenagers. In order to teach a lesson to hooligans who have escaped the hands, adults also resort to violence.

We will not go into how humane this is, and whether it is possible in certain cases. Let's look at what is written in the legislation and what punishment threatens for what has been done.

Beating of minors - an article of the Criminal Code of the Russian Federation - is related to crimes against the person.

In Russian legislation, minors are those who are already 14 years old, but have not yet turned 18.

There is no separate article for beating them. Punishment is imposed for crimes against the person - regardless of age.

But there is a separate article for beating a minor child, located in the criminal code under number 156.

We are talking about improper performance of upbringing responsibilities by parents/teachers/employees of medical organizations, social services and the like, who allowed themselves to abuse the child.

In this case, being a minor is an aggravating feature, which aggravates the situation of the perpetrator.

What threatens under Article 156 of the Criminal Code of the Russian Federation:

In addition to forced labor and imprisonment, punishment may be imposed in the form of a ban on certain activities or holding a number of positions for a period of up to 5 years.

The punishment for beating a minor by an adult varies and depends on the extent of the damage caused.

Responsibility arises under several articles: from 111 of the Criminal Code of the Russian Federation to 118 of the Criminal Code of the Russian Federation. These are beatings, light, medium and severe harm to health, torture.

Cases where the crime occurred in a state of passion, through negligence, or when the limits of self-defense were exceeded are also taken into account.

Maximum punishment for all charges:

For crimes committed by a group of persons, against 2 or more persons, for reasons of hostility, in a generally dangerous manner, for hire, for hooligan reasons and with the use of weapons, the punishment is always more severe.

The penalties listed above are maximum. The smallest is a fine, followed by mandatory, corrective, compulsory work, a ban on holding certain positions, etc.

What does a minor face for beating a minor? In 2020, criminal liability for such acts begins at the age of 16.

But for some crimes it occurs in the perpetrators from the age of 14, these are:

Causing grievous harm – Article 111 of the Criminal Code of the Russian Federation;
Causing moderate harm to health – Article 112 of the Criminal Code of the Russian Federation.

Pay attention to the fact that if a person is behind in mental development and did not understand the gravity of the act and the nature of the actions during the commission of a socially dangerous act - he is not subject to criminal liability.

Minors who have committed crimes are subject to compulsory measures of educational influence, or they are placed in an educational colony.

Types of punishments imposed on teenagers:

How many years do you get for beating a minor? If the culprit is under 16 years of age, the maximum penalty is 6 years in prison.

All minors who have committed serious and especially serious crimes are given longer sentences - up to 10 years.

Now you know which article for beating minors is used to initiate criminal cases, or rather, the article.

If, while in a correctional institution or educational colony, a teenager has not changed, behaves badly and has already reached the age of majority there, he can legally be transferred to a colony for adults, and subsequently to prison. But that's a completely different story.

Any actions of a citizen of the Russian Federation aimed at causing physical suffering to another citizen are considered beating. This category also includes wounds, abrasions, and bruises caused by biting, spanking, squeezing, or pulling. We will figure out what will happen if you beat a person or inflict beatings of varying severity on him, and also answer the most pressing questions that arise about this.

Law of the Russian Federation on criminal liability for beating a person

There is no law as such, but there is a section in the criminal code dedicated to the system of crimes committed against health. The articles are divided into several categories, their application depends on the nature of the injuries inflicted, the degree of severity, and the personalities of the victim and the attacker.

According to the classification of actions committed against victims, crimes are:

With varying degrees of severity: light, medium, severe.
Using violent actions.
With infection with a dangerous disease (Articles 121, 122 of the Criminal Code of the Russian Federation).
With other circumstances that threaten human life and health.

Let us list the articles of the Criminal Code of the Russian Federation and possible punishments for committing these crimes:

Article 116 of the Criminal Code of the Russian Federation. Beatings. A criminal case under paragraph 1 of this article is rarely opened, since bodily injuries do not lead to long-term health problems. Basically, the attacker gets off with a fine of up to 40 thousand rubles, or is required to carry out work for the benefit of the city or region for 120-180 hours, or carry out corrective work for six months. The maximum punishment for beatings that did not cause damage to the health of the victim, but caused physical pain, is arrest for 3 months.
Under the same article, but paragraph 2, a criminal case can be opened. The main reasons are hooliganism, hatred of any religious, political, national, racial, ideological, social groups. Criminals also face mandatory correctional labor for the same terms, or arrest for 4-6 months, or imprisonment for up to 2 years.
Article 117 of the Criminal Code of the Russian Federation. Torture. A criminal who systematically beats the victim and causes him physical suffering that does not result in health problems or loss of ability to work will be imprisoned for up to 3 years (clause 1). The same crime committed against a pregnant woman, a subordinate, a young child, or two persons is considered more strictly. When making a determination, the circumstances under which the act was committed are also taken into account: whether torture was used, whether the victim was dependent on the attacker in financially, whether the attacker was a perpetrator of the incident for hire, whether he was a member of a criminal group, or whether he had hostility or hatred towards the victim. The culprit can be sent to jail for 3-7 years (clause 2).
Article 115 of the Criminal Code of the Russian Federation. According to this article, minor harm was caused to the victim, intentionally. Due to this, he had health problems for some time and was unable to work. A criminal case is opened against the perpetrator of the crime. The attacker may face a fine of up to 40 thousand rubles. or execution compulsory work within 15-20 days, or annual correctional labor, or arrest for 2-4 months (clause 1). If the act was committed for the sake of hooliganism, revenge with hostility, then the culprit will face mandatory, corrective labor, or arrest for up to six months, or imprisonment for 2 years (clause 2).
Article 112 of the Criminal Code of the Russian Federation. Describes the punishment for a criminal who intentionally caused moderate harm to health – caused bodily injuries that caused long-term health problems and loss of 1/3 of the ability to work. A criminal case is usually opened against the attacker, and he faces arrest for 3-6 months or imprisonment for 3 years (clause 1). In the event that an illegal act was committed against a subordinate, a helpless person, or several victims, the perpetrator will face a more severe punishment - imprisonment for up to 5 years. By the way, the same punishment is assigned to those who were in an organized group, or committed an act with particular cruelty and bullying, because of hooliganism or with hatred and hostility towards the injured party (clause 2).
Article 111 of the Criminal Code of the Russian Federation. According to this article, an attacker who caused serious harm to health , will suffer a very severe punishment in the form of imprisonment for 2-8 years (clause 1). Harm manifests itself in the partial loss of vision, speech, hearing, or in the termination of pregnancy or the functioning of human organs, systems, or in the resulting new diseases (for example, mental disorder). Typically, the victim is unable to work long time, because I was improving my health. A severe punishment in the form of imprisonment behind bars for 3-10 years will await a criminal who has committed acts and inflicted severe harm with particular cruelty towards the victim and more than one person, with hatred in order to preserve his social, political, religious and other ideas, or a crime committed for hire, or using the organs or tissues of an injured person (clause 2). From 5 to 12 years in prison are punishable for those criminals who caused the above damage and were part of an organized group, and more than one person suffered from them (clause 3). If a crime with serious harm resulted in the death of the victim due to negligence, then the offender will serve his sentence in a maximum security colony for 5-15 years. Of course, criminal cases are opened for all of the above crimes.
Article 119 of the Criminal Code of the Russian Federation. In the case where the culprit threatened the victim, inflicted bodily harm that is characterized by grave , a criminal case will be opened against him. He will also be punished. The attacker can be arrested for 4-6 months, have his freedom restricted for 2 years, or even sent to prison for up to 2 years (clause 1). When the same crime is committed with hatred and enmity affecting political, national, religious groups and views, the culprit will be sent to jail for up to 3 years and banned from engaging in a certain type of activity for 3 years, if necessary (clause 2).

What does a minor fighter face for beating a person?

For committing crimes, minors bear criminal liability, and in some articles the age of majority begins at 14 years, or at 16 (Articles 87, 20 of the Criminal Code of the Russian Federation).

We list the measures that can be applied to minor citizens of the Russian Federation for beating:

They will be required to publicly apologize to the victim.
They will issue a warning and register you with the KDN.
They will be forced to pay compensation for material damage – from the age of 15.
You will be required to pay a fine from the age of 16.
Must perform work among employees of public organizations.
Will undergo treatment in an educational and therapeutic dispensary for children with drug addiction or alcoholism.
They will be sent to study at a special school or college.
A suspended sentence will be imposed.
Imprisoned for causing harm of high or moderate severity - from 15 to 18 years.

Please note that there is no single article that describes the sanctions applied to minors who commit battery. When making a decision, they will take into account not only the harm caused, but also the identity of the culprit, his previous illegal actions and the circumstances that forced him to do so.

Punishment for beating a child - articles and terms provided for by the Criminal Code of the Russian Federation

There is also no article for beating children under 14 years of age. But in the existing chapters of the criminal code there are rules affecting the amount of punishment. The judge will consider all the circumstances of the incident, the harm caused, as well as the identity of the culprit and his criminal record, and only then make a decision.

An attacker can:

Go to jail for up to 2 years when causing minor bodily harm (Articles 116, 115 of the Criminal Code of the Russian Federation).
Be behind bars for 3-7 years due to systematic beatings (Article 117 of the Criminal Code of the Russian Federation).
Serve your sentence behind bars for 5 years , causing moderate harm to a minor (under 14 years old) or a minor (under 18 years old) (Article 112 of the Criminal Code of the Russian Federation).
Spend up to 10 years in a maximum security colony , when causing harm to the victim child high degree severity (Article 111 of the Criminal Code of the Russian Federation).

According to Article 63 of the Criminal Code of the Russian Federation , a parent must take educational measures towards his child, but is not obliged to beat him. Fact family relations does not mitigate the punishment for the attacker. The deadline will be added.

What is the punishment for a group beating?

In accordance with the above articles, a citizen of the Russian Federation who commits a beating as part of an organized group will be punished very strictly.

He faces a prison term of:

Up to 2 years (Article 116, 115 of the Criminal Code of the Russian Federation).
From 3 to 7 years (Article 117 of the Criminal Code of the Russian Federation).
From 3 to 5 years (Article 112 of the Criminal Code of the Russian Federation).
From 2 to 15 years (Article 111 of the Criminal Code of the Russian Federation).

Of course, the court cannot mitigate the punishment and usually imposes the heaviest punishment (clause “c” of Article 63 of the Criminal Code of the Russian Federation). Practice has shown that in order to open a case of gang beating, there must be an important sign - the presence of a conspiracy between the group members. If it is not there, then the offender’s punishment is reduced.

Lawyers' answers to the most frequently asked questions about beatings

- The person who beat him received serious injuries from the defender - will he escape punishment?

The court makes a determination, taking into account the ability to work and legal capacity of the attacker.

First of all, the harm caused is taken into account. For example, if a criminal inflicts serious injuries on the victim and is himself injured, he will be given the most severe punishment in the form of imprisonment.

But if he is unable to serve it there due to illness, the judge will make concessions and may impose a suspended sentence for a longer period.

- The attacker suffers from mental illness...