Portal for sewage and drainage tube / Water purification / Criminal Code. Why the law on the decriminalization of domestic violence is not so bad as they say about him

Criminal Code. Why the law on the decriminalization of domestic violence is not so bad as they say about him

06.04.2021

Currently there was a situation when home domestic violence has become very common. Therefore, it is provided for domestic violence article. Currently there was a situation when home domestic violence has become very common. Tirana become not only men, but also women in relation to their households, children. It is very sad when people are abused by the native person. The state is designed to help people who have fallen into a difficult situation, which are subjected to permanent pressure at home, where you need to feel support and care. The legislation provides for many regulatory legal acts that will help protect the rights of victims.

Manifestation of domestic violence

Home-made tyran can show their aggressiveness in different ways. Depending on this, the types of violence may be subject to household. These include:

Applying any severity. This is the most common type of violence, which can be retrained to tortured over the victim;
Restricting the ability to eat. For example, tyrant can limit the household in food because of its misconduct, as well as it is to give full food, which can satisfy the needs of the victim;
Violence of a sexual nature when Tirarans makes a sacrifice for a sexual act without his consent. Of course, if spouses are married, in Russia this fact is practically impossible to prove, but bruises, beatings, abrasions, may indicate violence;
Illegal deprivation of liberty. Home-friendly tyrant can prohibit his victim to go outside without his permission, visit public institutions, relatives, and may generally close a person in the basement, a separate room, tied it or hovering with handcuffs. The last crime will be punished throughout the strictness of the law, regardless of the criminal is a relative of the victim;
Permanent pressing person. The victim may be subject to regular pressure from the criminal, not always physically, but also morally, which causes psychological harm to the health of the victim. This fact can also be qualified under the article of the Criminal Code of the Russian Federation;
Deprivation of cash sacrifice. Thirah can take away as the victim's own money, which she earned independently and not to provide money for the normal existence of a person;
Elimination of valuable subjects for the victim. This crime can be attributed to economic violence, because to qualify a crime in a criminal article, its commit must be repeatedly.

If a person is subjected to constant violence of the above species, he has the full right to apply to law enforcement agencies for obtaining protection from the state.

How to identify signs of tyranny in the first stage of dating

Whatever to get into the Tiran's network and not to associate your life with him, by concluding a marriage, you need to identify signs in the first stages of dating, according to which a person can be called despot. These include:

Constant jealousy, accompanied by aggressive behavior;
The inability to control your emotions. This can be attributed not only splashing anger, but also uncontrolled joy, snapped laughter;
Constant breakdowns associated with splashing emotions from failures on another person;
Regular jerking over the appearance of a person, coercion to the choice of clothing only the one that to like him;
The suggestion of man that he is to blame in all the troubles that fall on his head;
Maintaining sexual life is exclusively in their own interests, without considering the desires of the partner.

If a person notices that his beloved is inherent in the above qualities, it is better to stop these relationships and not bring the case before making marriage. After all, the own well-being and well-being of their children is in the first place and are not worth the strongest, which can get a victim from an elegant satrap.

Consequences of domestic violence

Homemade violence is a serious crime that is punished. Unfortunately, not many victims are asked to law enforcement agencies for their protection, which leads to unpleasant consequences. These include:

Costs for constant treatment of bruises, abrasion, hospital stay;
The acquisition of disability, due to the acquisition of grievous moderate severity;
Emotional breakdown, acquisition of psychiatric, neurological diseases, for example, schizophrenia;
Gust to suicide due to permanent pressure or guilt;
The death of the victim, which may occur both from Tirana himself and by suicide.

All consequences are quite deplorable, therefore, you need to handle special services for helping. It should be remembered that there are many wonderful people in the world who will sympathize with the victim and provide special assistance. In addition, at present at the state level, special centers of the rehabilitation of citizens are being created, which may be treated with a child to accommodate, receiving food and concealing from the defeated household.

How can you protect yourself from domestic violence

From domestic violence, you can protect yourself, exclusively told about your problem to other people. The victim is advised to contact:

To relatives familiar with the receipt of shelter and further assistance. This method is not always effective, as satrap usually knows all the victim's places where it can hide;
Appeal to the police. In the police need to be handled anyway. But some are afraid that if they write a statement about the incident, the offender will again begin to mock the victim, so it's best to hide the despot from my eyes to avoid re-obtaining beatings;
Let's leave forever from the family as early as possible, do not wait for the deposits that can happen from the actions of the criminal. It should be noted that such people never change, even if they try to behave decently. After some time, breakies happen again at a reinforced pace;
Contact the Center for Social Protection of the Population for receiving satisfaction. Usually they can provide temporary housing, clothing nutrition. Some services are caring for babies, they are looking for work for the victim, as well as teach them the main skills of child care and home;
Contact charitable funds to help families and people who have fallen into a difficult life situation. Here you can also get accommodation, food, clothing, psychological, legal assistance, and the like.

The main thing is to remember that the problem of domestic violence is very common in Russia and many people are ready to help in a difficult moment. Not all humanity on Earth is not indifferent, there are also sensual people who constitute a majority of the population.

Punishment for domestic violence

Homemade violence does not qualify for any one article of the Codes of the Russian Federation. It provides for a number of punishments prescribed in the Criminal Code of the Russian Federation, which are made against the person. It all depends on what extent a criminal acts for the victim. Most often, tyranny is punished according to the following criminal articles:

Causing harm to hard and moderate harm to health.
In accordance with Art. 112, providing for a punishment for harming the health of moderate gravity, the crime must be deliberately. Tiran may be limited in freedom, lose it, as well as get forced work with a total of three years. In addition, it can be arrested for six months.
For causing grievous harm to health, for example, the abortion of pregnancy, lost his hearing, vision, voice, the criminal can conclude for the bars for up to eight years, which is provided for in Article 111 of the Criminal Code of the Russian Federation.
For causing the grievous and moderate severity of harm to the health of the victim, if the criminal was in a state of mental excitement, that is, the affect, he can receive two years of forced work, to be limited in freedom or lose it as two years old.
Causing easy harm to health.

For causing easy harm to health, the criminal can be punished with a fine up to forty thousand rubles, compulsory or correctional work for a period of 480 hours, one year, respectively, as well as to go under the arrest for four months, which is described in Article 115 of the Criminal Code of the Russian Federation.

For applying beatings. Currently, the criminal can not get for the beatings, but an administrative punishment, as stated in Art. 116.1 of the Criminal Code. Thus, he will be punished in the form of a fine up to forty thousand, correctional and mandatory work for a period of six months, 240 hours, respectively, besides, it can be arrested for three months.

Other grave crimes against the victims when making domestic violence:

The torture implies systematic applying or regular pressure from the criminal. Under Article 117 of the Criminal Code, he will be punished in the form of restriction or imprisonment, as well as forced work until those years.
Threat to murder. If the home-made tyrant is constantly threatened with his victim, which will kill it and accompanies his words actions, for example, squeezes the neck, waving a sharp object, then such a crime can be qualified under Art. 119. The criminal will receive a sentence in the form of restriction, imprisonment, as well as forced work for two years, in addition, the Court may assign mandatory work for a period of 480 hours or arrest for six months.
Deprivation of liberty. If the sacrifice of homely despot forcibly keeps the house under the lock, its actions can be qualified under Article 127 of the Criminal Code. In this case, the offender will receive the same punishment as a threat to the murder.

The above-mentioned list of punishments is not final. It contains the main articles of the Criminal Code of the Russian Federation, for which the criminals are most often attracted by these tyranans.

In this article, you learned what is envisaged for domestic violence article. If you have any questions and problems that require the participation of lawyers, then you can seek help from Sherlock's information and legal portal specialists. Just leave an application on our website, and our lawyers will call you back.

Editor: Igor Reshetov

Ustinova Anna Valentinovna, teacher of history and social studies MOU "Oktyabrskaya secondary school" of the Kuluddinsky district of the Altai Territory.

The concept and forms of abuse of children.

Cruel treatment of children is any action (or inaction) of parents, other legal representatives, educators and other persons, which leads (or the likelihood, which can lead) to death, serious physical or emotional harm, sexual violence.

Violence - any form of relationships aimed at establishing or holding control over the other person.

Several forms of ill-treatment:

1) Physical abuse - actions from parents (other legal representatives), other adults, as a result of which the physical and mental development of the child is violated or is under threat of damage: the child of physical injuries and injuries, the use of cruel physical punishments. These actions can be carried out in the form of beatings, tortures, concussion, shocks, cakes.

2) psychological (emotional) violence - includes a constant rejection, the accusation of the child, humiliation of its dignity, long-term deprivation of the child of love, tenderness, care and security from parents.

3) neglect of the needs and needs of the child - inattention to the basic needs of a child in food, clothing, medical care. Neglecting includes a number of such manifestations as neglecting the needs for education and development, medical care if the child has chronic diseases.

4) sexual violence - the involvement of the child with his consent and without such an action of a sexual nature of the child's consent does not give reason to consider it non-violent, since the child is not yet able to foresee all the negative consequences of such actions

Recognition of signs of ill-treatment of children and neglect parental debt is the responsibility of bodies and institutions of the system of prevention of neglect and offenses of minors. Not always these signs are obvious and often only attentive communication with the child and his parents can reveal the abuse of children.

The consequences of child abuse.

The manifestations of cruel treatment of children and neglect their interests can have different types and forms, but their consequence is constantly: serious losses to health, the development and socialization of the child, often a threat to life. Children affected by violence are lagging behind in development, suffer from various physical and psycho-emotional disorders.

There are nearest and remote consequences of ill-treatment and inattentive attitudes towards children.

The closest consequences include physical injuries, damage. Their consequence are headaches, loss of consciousness characteristic of a concussion syndrome developing in young children. The closest consequences include acute mental violations in response to any kind of aggression. These reactions can manifest itself in the form of excitement, the desire to run somewhere, hide, or in the form of deep inhibition, external indifference. However, in both cases, the child is covered by an acute experience of fear, anxiety and anger. In older children, there may be a development of heavy depression with a sense of self-esteem, inferiority.

Among the remote consequences of ill-treatment, violations of the physical and mental development of the child are disturbed.

Most children living in families in which heavily physical punishment, a child's "methods of upbringing", or in families, where children are deprived of heat, attention, for example, in the families of parents - alcoholics, there are signs of physical and nervous delay mental development. Such children often lag behind and mass from their peers. They later begin to walk, speak, less likely laugh, worse time in study than their peers.

Almost all children affected by cruel treatment and dismissive relationship experienced a mental injury that adversely affects their further life. They themselves experience anger, which is most often poured on weaker: younger children, animals. Often their aggressiveness is manifested in the game, sometimes the outbreak of anger does not have visible causes. Some of them, on the contrary, are excessively passive, allow themselves to offend themselves. In both cases, communication with peers is disturbed.

The most versatile and severe reaction to any violence is low self-esteem. As a result, the child is difficult to achieve respect for others, success, he is convinced of his own inferiority.

Often, children who have survived any kind of violence, find the decision of their problems in a criminal environment, and this mainly forms their addiction to alcohol, drugs. They begin to rob and make other criminal action.

For society, the consequences of violence against children are manifested primarily in the loss of human lives as a result of killing of children and adolescents, as well as their suicide. These are losses in their face of productive members of society due to the violation of their mental and physical health, a low educational level, criminal behavior. These are losses in their face of potential parents who can bring up healthy children. Finally, this is the reproduction of cruelty in society, since ex-sacrifices often become the same as their offenders.

Regulatory and legal documents in the field of protecting the rights of children from violence.

The earliest international document on the protection of the rights of children from violence is the Declaration of the Rights of the Child, adopted by the UN General Assembly in 1959. Principle 9 reads: "The child must be protected from all forms of negligent relationship, cruelty and operation. He should not be the object of commerce to any form. "

The main international document on this issue is the Convention on the Rights of the Child. This is the first officially approved International Protocol, which includes a complete list of Rights of the Child, was adopted by the UN General Assembly in 1989. The provision on the protection of the child from the coarse treatment and the absence of about it is set out in Art. nineteen:

"States parties take all necessary legislative, administrative, social and educational measures to protect the child from all forms of physical or psychological violence, insults or abuse, lack of care or negligent circulation, coarse or exploitation, including sexual abuse, from parents, Legal guardians or any other person taking care of the child. " States that ratifying the Convention, including our, undertake to protect children from all forms of physical and mental violence, insults in Art. 37: "States participants ensure that no child will be subjected to torture or other cruel, inhuman or degrading treatment or punishment."

The constitutional provision on the protection of childhood state is fundamental. The Constitution of the Russian Federation reads:

Art. 2: "Man, his rights and freedoms are higher value. Recognition, observance and protection of human rights and freedoms and citizen - the duty of the state. "

Art. 21: "The dignity of the person is protected by the state, no one must be subjected to torture, violence, another cruel or humiliating human dignity or punishment."

Art. 22: "Everyone has the right to freedom and personal integrity."

Art. 38: "Maternity and childhood, the family is under the protection of the state. Caring for children, their upbringing is equal to the right and obligation of parents. "

The new family code defines the basics of the legal protection of children from domestic violence. In Article 56, the CK states that the parents defined by their parents must exclude disdaining, coarse appeal, the insult and operation of children (Art. 65 SC), strengthened norms concerning the deprivation of parental rights (Article 69-71 SC), the development of the institute Forensic restrictions of parental rights

(Article 73-76 SC).

The Criminal Code establishes the responsibility of parents and other persons to carry out the supervision of children, for non-fulfillment or improper execution of responsibilities for the education of children, if it is associated with a cruel relationship with children (Article 10, Article 111, Article 112, Art. 113 Art. 115, Art. 118, Art. 117, Art. 118, Art. 119, Art. 124, Art. 125, Article 131, Art. 132, Art. 133, Article 156, Article 157 of the Criminal Code) .

In Article 134, 135 of the Criminal Code speaks of criminal liability for sexual intercourse with a person who has not reached the age of majority, as well as for depraved actions with minors. The Criminal Code admits the immediate pretrial mapping of the child in parents in cases of the immediate threat of his life and health in the family (Article 77 of the Criminal Code).

It is tightened responsibility for intentional crimes against life, health and sexual integrity of citizens, regardless of the place of the commission of these crimes and the presence or absence of kinship between the criminal and the victim.

Federal Law "On Guarantees of the Basic Rights of the Child in the Russian Federation" of July 24, 1998 No. 124 of the Federal Law. This Law establishes the main guarantees of the rights and legitimate interests of the child provided for by the Constitution of Russia, in order to create socio-economic conditions for the realization of the rights and interests of the child, the protection of its rights in various spheres of vital activity. Special sensitivity is given to children in a difficult life situation: children - victims of violence, children whose life is violated as a result of established circumstances and which cannot overcome them independently or with the help of families.

The state has the right to grow into the inner life of the family and take over the protection functions when the family turns into a source of abuse and operation.

The actions of the employees of the socio-legal sphere when the signs of ill-treatment of the child are found.

To prevent such a dangerous problem as domestic violence, it is necessary to adopt with society, in the person of its state and public organizations, as well as individuals, responsibilities for the protection of children. They include the following:

- providing mechanisms for the legal protection of children with the help of existing legislative norms;

Creation of structures for identifying and providing comprehensive assistance to affected children;

Conducting preventive measures to prevent ill-treatment of children: parents training for non-violent methods of upbringing, educational activities;

Attentive attitude to the external manifestations of cases of ill-treatment of children and operational informing of law enforcement agencies about what is happening, if traces of beatings, tortures, a launched state of children (pediculosis, dystrophy, etc.), lack of normal conditions for the existence of a child, drinking parents.

Actions of medical institutions.

1) conduct a medical assessment of the state of the child victim of ill-treatment by fixing the data in the medical card;

2) if necessary, hospitalize the child;

3) The head of the medical institution immediately sends information about the revealed case of ill-treatment of a child in law enforcement agencies.

4) The head of the institution immediately sends information about the revealed case of ill-treatment of the child to the guardianship and guardianship authorities and the commission on juvenile affairs.

Actions of employees of educational institutions.

In case of explicit signs of ill-treatment of the child:

1) immediately send an official note to the head of the educational institution about the identified case of ill-treatment of the child;

2) The head of the educational institution immediately reports on the phone (then directs written information) on the identified case into the custody and guardianship authorities for the examination of the living conditions and education of the child;

3) The public inspector for the protection of the rights of children of the educational institution, together with employees of the internal affairs bodies, immediately conducts a survey of the living conditions and education of the child;

4) According to the results of the activities carried out, the head of the educational institution immediately sends information to the law enforcement agencies about identifying signs of ill-treatment of the child;

5) The head of the educational institution sends information about identifying signs of ill-treatment of the child to the Commission on Minors.

Actions of employees of the guardianship and guardianship authority.

Actions provided for in Article 77 of the Family Code of the Russian Federation:

upon receipt of information on the immediate threat of a child's life or his health that bears a direct and explicit nature that does not cause doubt about the possibility of the onset of negative consequences in the form of death, causing injuries or other harm to the health of the child due to a wide variety of reasons (parents beating, not providing food , torture, etc.):

1) together with law enforcement officers enter the place to examine the living conditions and education of the child, to make an appropriate act;

2) to take out the results of the consideration of the report on the presence of such a threat of an act of the image of the child and to fulfill it immediately;

3) immediately notify the prosecutor about the mapping of a child in parents, which, in the presence of appropriate grounds, takes measures stipulated by law;

4) provide a temporary device of a child (place in a specialized institution for minors in need of rehabilitation and treatment);

5) within seven days after the publication of the Act on the map of the child to apply to the court with a claim for the deprivation of parents of parental rights or the restriction of their parental rights.

The actions of the employees of the Commission for Minors and the protection of their rights.

1) when information on the ill-treatment of a child of citizens is received, to instruct social educators or employees of socio-planting institutions to conduct a survey of the living conditions and education of the child;

2) According to the results of the act of the survey, send a message to law enforcement agencies to attract the responsibility to the established law;

3) when receiving an administrative protocol compiled on parents under Art. 5.35 of the Administrative Code of the Russian Federation (non-fulfillment of parental duties), in the materials to which information is notable in the house of beds, bedding, clothing, food and other items necessary to ensure proper care for children, about systematic drunkenness of parents, even if earlier parents are not They were attracted to administrative responsibility on this article, it is necessary to send a message to law enforcement agencies to conduct an appropriate audit and address the issue of initiating a criminal case against parents who are brutally accessing children.

The duty to protect the rights and interests of children is assigned toprosecutor. The prosecutor has the right to make a lawsuit in the interests of children, in particular, the recognition of marriage invalid; about the deprivation of parental parents; from abolition of adoption (Article 28, 70, 40 of the RF IC). The prosecutor also participates in the proceedings on disputes related to the upbringing of children, in particular, on the deprivation of parental rights, to restore parental rights, on the restriction of parental rights (Article 72, 73 of the RF IQ). The guardianship and guardianship bodies are obliged to notify the prosecutor about the displays of the child (Article 77).

But there are several problems to protect children from domestic violence. The family is a closed institute, and it is not always possible to find out what happens behind the walls of the house. Children are afraid to talk to anyone, because some parents consider physical and psychological punishments with normal methods of education and inspire it to their children. Many children are simply afraid of losing their mountain-parents, as they are the only native people.

Types of liability of persons who admit child abuse.

In Russian legislation, there are several types of liability of persons who admit the child's ill-treatment.

Administrative responsibility.

Persons who have disregarded the basic needs of a child who are not acting on the maintenance and education of minors are subject to administrative responsibility (Article 5.35). Consideration of cases on this article refers to the competence of commissions on juvenile affairs and the protection of their rights.

Criminal liability.

Russian criminal law provides for the responsibility of persons for all types of physical and sexual violence over children, as well as for a number of articles - for psychological violence and for disregarding the main needs of children, the lack of concern for them.

Examples: Art. 110 (bringing to suicide), st. 111 (intentional causing grievous harm to health), Article 112 (intentional causing of the middle severity of harm to health), Art. 113 (causing grievous or moderate harm to health in a state of affect), Art. 115 (intentional causing easy harm to health), Article 116 (beatings), Art. 117 (torture), Art. 118 (causing grievous harm to health by negligence), Art. 119 (threat to murder), Art. 124 (Non-Operation of the Patient Assistance), Article 125 (Leaving in danger), Article 131 (rape), 132 (violent action of a sexual nature), Art. 133 (prompting to sexual action), Art. 134 (sexual action with a person under the age of fourteen age), Art. 156 (non-fulfillment of responsibilities for the education of a minor), Art. 157 (malicious evasion from paying funds for the maintenance of children).

Civil liability.

Cruel treatment of a child can serve as a reason for attracting parents to justice in accordance with family legislation.

On Friday, January 27, the State Duma in the third, final reading adopted a law on the translation of the first case of family beatings from the category of criminal offenses in the discharge of administrative. For the second and subsequent acts of domestic violence already threaten the prison term.

Recall, on July 3, 2016, an article 116 of the Criminal Code of the Russian Federation was added to the post-coordinated persons for which criminal liability was provided up to two years in prison. The document was spelled out who enters this circle.

These are not only close relatives, but also guardians, trustees, as well as "persons in the property with a person who committed this offense, or people leading to a general economy."

At the same time, part 1 of article 116 was decriminalized: if the beatings or violent actions brought physical pain, but did not cause harm to health and at the same time were not committed against close persons from hooligan motives or based on hatred or hostility, the offender faces administrative responsibility. If, earlier, the person has already been attracted to administrative responsibility, then criminal liability is already relying for repeated misconduct.

Last year's amendments caused a lot of complaints from the public opposing the juvenile justice. According to their version, which was proposed on the "zero readings" of the project in, to the prison could land a parent who grabbed his hand for the good when the baby tried to run the street on the red light, and left her bruise on it.

The amendments in the Criminal Code quickly received the name "Floor Act", although it is worth noting that bruises or abrasions do not appear from "educational" slaps, which, in fact, may later be qualified as beatings.

"If you slapped your rumbling baby, you threaten to two years in prison. And if your neighbor broke your child - everything will end with administrative punishment, "the Deputy Challenge of the Committee on Elena Legislation during the performance in. - In this sense, the "slap law" in itself is an act of hatred towards families with children. "

Mizulina added that the adoption of the July Law strengthened the parental public of Russia in the conviction that "Juvenile Epoch" appeared in our country, which opened the road to unreasonable invasion of family affairs, when the abrasion, a child in a child can be the basis for a family with a check and even excite a criminal Case regarding parents.

The discriminatory nature of the existing legislation was also said by the State Duma deputy, one of the authors of the project considered.

In her opinion, it is necessary to eliminate the legal conflict, when for the same offense to persons establish various punishments only depending on whether they are close people or not.

Batalina stressed that the administrative punishment that is proposed to introduce for beatings against loved ones, does not mean that the offenders will not be involved: "When you say that we make a decision to take responsibility for the beatings, we must understand that 30 thousand rubles fine, 15 days of administrative arrest, 120 hours of mandatory work is a serious administrative responsibility. And in terms of the influence of this responsibility on a particular accused, this is another question, what punishment will be more effective. "

However, experts insist that the entry of administrative responsibility in all senses will unlighten the hands of family debations.

"Criminal liability restrains violence psychologically. If the offender will be convicted of beatings against loved ones, then this may be, for example, the cause of refusal of employment or play a role in solving the question of who the child will remain after the divorce, "the lawyer of the Karabanov and the Carabanov and Partners "Alena Adler.

The lawyer Stalin Gurevich called the position of parliamentarians "completely unfair."

"If the article is decriminalized, then potential rapists will cease to be afraid of anything at all.

With domestic violence, if not everyone forgot, the girl's murder began in the Tver region, which called the police, she was told: "They will kill - come," said Gurevich "Gazeta.Ru".

- Administrative responsibility will not be a deterrent. We have it for driving in a state of intoxication and exceeding speed, but something she stops little. "

It should be noted that, according to human rights defenders referring to official statistics, almost 50.8 thousand people suffered from violent crimes in the family, of which 36.5 thousand women and 11.8 thousand minors were injured.

For the same year, men accounted for 5% of the total number of victims of violent crimes in the family.

Even now, in the twenty-first century, it is often necessary to deal with the use of force in the family, especially in socially disadvantaged families. As a rule, tyranny is the beating of one family member to others. In addition, cases under which one has made to fulfill certain actions of a sexual nature occurred.

The most important thing is to remember that it is impossible to be silent in any way. No need to be afraid of the rapist - in the event that you do not make him reckon with you, then the situation will only be exacerbated.

In solving the issue of termination of tyranny in the house will always help:

Social services;
Law enforcement agencies (and they can be released even through the free challenge of ambulance, contrary to);
Specially created assistance centers (some are even funded by official organizations, such as).

If the guilt of the accused is proved, then it can even get, except for administrative and criminal punishment, negative from the place of work, which will complicate his employment in the future. For this, special laws are functioning, similar, for example, FZ 294 "", but aimed at protecting individuals, first of all, children and women.

You will be interested: ST 162 in the new edition of 2018

Statistics of domestic violence in Russia

According to the data provided by social services, in the overwhelming majority of cases, women and children aged from eight to fifteen years are subject to acts of arbitrariness. Rules are the same husband and brothers.

Theft Article 158 of the Criminal Code of the Russian Federation. Details

Domestic violence against women

If we take into account the household use of force, then the situation is about as follows as follows - used alcohol (due to paying, or vice versa, the debt of the software) The head of the family is home and faces the criticism of the "second half". Naturally, newly used alcoholic beverages add a man of courage, and he begins to beat his spouse (cohabitant).

European human rights defenders talk about the possibility of sexual rape of wives, their own husbands, but Russian legislators find a similar situation somewhat absurd.

It will be interesting for you to read the article of the Criminal Code of the Russian Federation on theft. Details

About labor disputes and the procedure for consideration read

Homemade violence

Very often, children turn out to be the objects of terror - with the most common situation, due to the use of alcohol, a surge of aggression of adults. Everything ends with cruel beatings even for the most minor provinces. Or in general, without any - just adults thus want to knead all their negative on defenseless children, which accumulated throughout his life, for no longer on whom.

Unfortunately, often there are cases of sexual rape - you can almost see the title of newspapers by type "In the city, Drunken stepfather raped and brutally killed the minor daughter of his cohabitant." I would like, of course, that such an article was a lie of the newsmen, but, unfortunately, they turn out to be true.

Also read the main provisions of Article 228 of the Criminal Code of the Russian Federation in the new edition of 2018. Details

Law on domestic violence in Russia 2018

Punishment for domestic violence should be noted that in August 2017 amendments were adopted to this law and now for the proven act of despotism in relation to their relative, administrative responsibility in the form of a fine up to 30 thousand rubles or arrest to 15 days.

It should be noted two points:

Administrative responsibility takes place only at the first offense - recidivists who have previously applied physical harm to their loved ones will suffer criminal liability.
In this case, only the physical strife is considered, and not sexual rape, especially since the juvenile.

ST 333 CI RF reducing penalty with the latest changes for 2018

Where to seek help from domestic violence?

Contrary to common ideas, significant assistance to the victims of domestic violence will be government structures - social services and the police will solve the current situation. All charitable funds and legal assistance centers have no real power and can only act through officials.

Help Help Help Domestic Violence

On January 27, the State Duma adopted the draft law on amending Article 116 of the Criminal Code of the Russian Federation (in terms of criminal responsibility for the beatings), which is widely known as the "law on domestic violence" or "slap law". Now the beatings against close relatives, performed for the first time, are not punishable in the Criminal Code, but are held according to the Code of Administrative Violations. The law had a lot of opponents, he summoned a serious resonance in the media, both liberal and more conservative. Against the law, not only many human rights defenders, feminists, journalists, but also, for example, the State Duma deputy Sergey Shargunov, a man in general conservative views. Often, such a interpretation is voiced in the media: the State Duma actually allowed to beat the wives and children. But is it really?

What happened?

The State Duma adopted a bill on which the beatings against close relatives committed once are no longer considered a criminal offense. In the press, these changes are called the "law on the decriminalization of victims in the family" and the "slap law". Now the law must approve the Federation Council, and then - to sign the president. In fact, the change in the text 116 of the Criminal Code of the Russian Federation is simply made. Now he sounds like this:

Beatings or other violent actions that caused physical pain, but did not entail the consequences referred to in Article 115 of this Code, committed from hooligan motives, but equally to the political, ideological, racial, national or religious hatred or hostility either based on hatred or hostility in The attitude of any social group is punished with compulsory work for a period of up to three hundred and sixty hours or correctional work for a period of up to one year, or by restricting freedom for up to two years, or forced work for up to two years, or arrest for up to six months or imprisonment for up to two years.

The text of the approved bill in PDF can be found here.

The bill was made by deputies from United Russia. The LDPR factions and the Communist Party Frame formally sent negative feedback on the bill, but on January 27, Vladimir Zhirinovsky in the State Duma told reporters that actually supported innovations. "For" voted 380 deputies, "against" - 3. Among them - the writer Sergey Shargunov, famous for its conservative views.

And what is essentially changed?

In the summer of 2016, the State Duma adopted the law on the decriminalization of beatings at all. As a result, if you hit someone, without causing injuries or damage to health, then in relation to you you can apply Article 6.1.1 of the Administrative Offenses Code. There were two exceptions: if you beat a close relative (mother, father, baby, grandmother, grandfather, grandson, brother, sister) or if you beat someone because of hatred, hostility or from hooligan motivations. That is, just quarreling and giving a familiar landing, you risk a fine or compulsory work.

Now the criminal offense (after the signing of the law by the president) will remain only beatings, committed as hooliganism or based on religious or ethnic hostility - for this can give up to two years in prison. In other words, if you gave a screwdriver to my husband, a slightly child of the child belt, the criminal responsibility does not threaten you. For this, under Article 6.1.1, COAPs can be obtained a fine of 5 to 30 thousand rubles, arrest for a period of 10 to 15 days or from 60 to 120 hours of mandatory work.

And why is this bad law?

During the debate in the State Duma, Speaker Vyacheslav Volodin said that the bill will help the "strengthening of the Institute of Family" in Russia. Andrei Isaev, a deputy "United Russia", who supported the bill, said that "if a single mother gives his son to Son, she becomes a criminal, and an extraneous uncle will punish administratively." Such a situation seems to him wrong, because it turns out that man is additionally punished for circumstances, directly not related to illegal actions.

Against the background of such statements in social networks and media, a negative attitude towards the draft law has been formed. Many believe that he will lead to an increase in domestic violence, since a softer punishment "will unleash his hands" to home tyrants and rapist. First of all, women and children will suffer. In addition, such a law of the State Duma allegedly sends a "wrong signal" to society: the law can be primitively understood as a literal resolution to beat relatives.

Such a point of view adhere to human rights defenders and liberal journalists and a part of the conservatives. In the comments of the TASS, the lawyer and a specialist in civil and international law Maria Yarmush says like this:

Most men with us - so already have already formed the mentality - they still think: "I am the owner," and a fist on the table, and then a fist in the eye. Supporting a new bill, society gives such aggressors: "Please, Bates your wives will not be anything."

The head of the project "Nasilia.Net" Human rights activist Anna Rivina agrees with her:

When we say that domestic violence is not a crime ... We thus admit the return of stereotypes "beats - it means", "Baby to educate, if she takes a lot on himself" and in general "is to blame."

Article 21 of the Constitution Violence is prohibited. And now it turns out, domestic violence becomes like a completely normal phenomenon. In essence, a signal is: Bay, nothing ... perhaps, I don't understand something unlike the Duma majority, you can argue with me, but I could not vote for such a law.

And why then deputies and many lawyers support the law?

Supporters of the law actually have reasonable arguments, and they are not connected with the "strengthening of the family institution". In fact, they consider changes - only for the better for future victims. The main reasons are two: first, 116 The article of the Criminal Code in the case of family violence still worked badly, and it can be said - almost at all worked, secondly, a new mechanism, a "two-stage responsibility system", as experts are called, will be effective Prevent family violence. So, for example, the deputy Olga Batalina.

Indeed, even according to human rights activists themselves, today from 70% to 78% of cases of domestic violence "remain in the shade", that is, no one even reports to the police. It is the number of 78% calls Anna Rivina. According to the estimates of lawyers, from 90% to 97% of cases related to family violence, which emerge in the police, do not reach the court, most often either by reconciling the parties or the closure of procedural reasons. Thus, the punishment follows the crime in an insignificant percentage of cases. From the point of view of the lawyer, this means that the law is ineffective.

And what is in general beatings? Why will they now give "administrative"?

Separately, it is necessary to take into account that "beatings" by CACAP is when you beat one or several times and not much: so that there is no hematoma, injuries and so on. Under Article 6.1.1, subtletiles and climbers, slaps, silent and relatively light blows fall. If a woman hit a man with a fist, it is likely to beat. If a man hit a woman, it is possible that it will be "light bodies": hematoma, concussion. In other words, something that will require treatment.

If you have a wound, a strong bruise, a fracture or shaking is damage to health and corporal damage. For this, there are ready-made articles of the Criminal Code, for example, 111 and 112 an article for grave harm, 115 article for easy harm and others. If you contact some damage to the hospital, doctors are required automatically, regardless of your desire, inform the police. Accordingly, a criminal case can be initiated without a private application, simply on the fact of injury, damage.

The next moment is important. The offense under Article 6.1.1 of the Administrative Code will automatically entail criminal liability if it is repeated during the year. In this case, you can immediately get to three months of arrest. But this does not mean that you can beat my wife, if only not much, once a year. In this case, any re-offense will automatically be criminally liable, even if more than a year has passed since last time.

So still it turns out: now it's easier to beat my wife or more difficult?

Unconsciously answer this question is impossible. However, in legal science there is a generally accepted postulate: the commission of a crime is prevented primarily not a rigor, but the inevitability of punishment. It was in this direction that legislation has changed, many lawyers consider.

This is what the popular blogger writes in Facebook, Maria Degterova's education lawyer:

The concept of "beatings" covers two articles of the Criminal Code: Art. 115 and art. 116. And both of these articles have long been led by private accusation. What does this mean? No police are actually engaged in such matters. Criminal cases on [him] initiates the world court, and not the Ministry of Internal Affairs.

Roughly speaking, her husband hit Zin. Zina caused the police. The police amounted to the protocol, sent Zein on the SMO, and then in fact its role ends. Further Zina goes to the world court and writes another, a new statement. (Most often, a clear case, put up with her husband and does not write, but nevertheless). The world judge initiates a criminal case. Further - endless surveys, interrogations, examinations, again interrogations. I as a lawyer is familiar with the office work and, believe me, there Toma. And these cases end in 90% of cases by reconciliation of the sides directly in court. Everything!

With the transfer of beatings from family members to the same section of the COAMA, where the rest of the beatings are the likelihood that violence will at least increase, the Degterova considers:

What offered now is essentially a way to somehow punish a room *** [bad people]. Because in the order of the administrative production of Zina will no longer be given a statement, it will not be time to come to the senses - there is another order and other terms. And global judges will not be on a ton unnecessary waste paper

A lawyer agrees with her and blogger Denis Kozyrev, who wrote a great review of the bill. The arguments that the family violence will now be adequately punished, he considers far-fetched:

Criminal liability for the commission of violent actions (including beatings) is available in the Criminal Code of the Russian Federation - for the systematic application of the entrepreneurs (Art. 117) and for the ill-treatment of minors (Art. 156) can be devoid of freedom to three years. Not even speaking of the presence of Article 111, 112 and 115 of the Criminal Code of the Russian Federation.

At the same time, for the victims, the whole procedure will be simplified, and obstacles in the form of moral torments ("I submit a statement, and it will be put in prison") will not be.

The excitement of an administrative offense case for applying an entrance (Art. 6.1.1 of the Code of Administrative Offenses of the Russian Federation) is made not only at the request of the victim, but with any message from any person on the commission of unlawful actions.

First, you do not need to do two statements: to the police and to court. Thus, it is shrinking the time to "think" for the victim and it is less under pressure of the rapist or in direct danger. Secondly, all office work is significantly accelerated.

And then then everything went to the new law?

Maria Degterova on Twitter answers this question like this:

here this hysterical around "decriminalization" is just a classic story about raised howl, without silent and not thinking not a minute

But how explains what is happening in the media Denis Kozyrev:

But of course, "our darling" deputies made their own contribution to finally disinform society. To talk about the "substantiation" of the need to adopt the law from the well-known senator ("Orthodox activist") - and I don't want to say ...

And then all who are not too lazy, began to comment on this bill - ranging from the artists and ending with lawyers. Some of the specially zealies began to argue that the State Duma allowed to beat the children and women in the family. A number of social activists deployed rapid activities to stop the adoption of this law. From what I saw and studied their "comments" and "appeal", only one conclusion follows - populism, no one is trying to essentially solve the problem of family violence.

As a result, many in society can really "misunderstand", which the State Duma adopted for the law.

As you know, we have citizens of the Russian Federation do not read laws, but believe TV and social networks. It was clearly not heard about the presence of positive criminal liability - but thanks to activists, they were understanding that it would be possible to beat his wife and children. After all, they are "shouting" everywhere that now there will be no criminal responsibility for the application, which can be calmly beat your loved ones once a year!

In the comments to the posts in social networks and in publications, many lawyers note that in public discussion a lot of populism, but few real attempts to understand how the consequences will lead to changes in the laws based on the analysis of existing legal practice.

Manifestation of domestic violence

Home-made tyran can show their aggressiveness in different ways. Depending on this, the types of violence may be subject to household. These include:

Applying any severity. This is the most common type of violence, which can be retrained to tortured over the victim;
Restricting the ability to eat. For example, tyrant can limit the household in food because of its misconduct, as well as it is to give full food, which can satisfy the needs of the victim;
Violence of a sexual nature when Tirarans makes a sacrifice for a sexual act without his consent. Of course, if spouses are married, in Russia this fact is practically impossible to prove, but bruises, beatings, abrasions, may indicate violence;
Illegal deprivation of liberty. Home-friendly tyrant can prohibit his victim to go outside without his permission, visit public institutions, relatives, and may generally close a person in the basement, a separate room, tied it or hovering with handcuffs. The last crime will be punished throughout the strictness of the law, regardless of the criminal is a relative of the victim;
Permanent pressing person. The victim may be subject to regular pressure from the criminal, not always physically, but also morally, which causes psychological harm to the health of the victim. This fact can also be qualified under the article of the Criminal Code of the Russian Federation;
Deprivation of cash sacrifice. Thirah can take away as the victim's own money, which she earned independently and not to provide money for the normal existence of a person;
Elimination of valuable subjects for the victim. This crime can be attributed to economic violence, because to qualify a crime in a criminal article, its commit must be repeatedly.

If a person is subjected to constant violence of the above species, he has the full right to apply to law enforcement agencies for obtaining protection from the state.

How to identify signs of tyranny in the first stage of dating

Constant jealousy, accompanied by aggressive behavior;
The inability to control your emotions. This can be attributed not only splashing anger, but also uncontrolled joy, snapped laughter;
Constant breakdowns associated with splashing emotions from failures on another person;
Regular jerking over the appearance of a person, coercion to the choice of clothing only the one that to like him;
The suggestion of man that he is to blame in all the troubles that fall on his head;
Maintaining sexual life is exclusively in their own interests, without considering the desires of the partner.

Consequences of domestic violence

Costs for constant treatment of bruises, abrasion, hospital stay;
The acquisition of disability, due to the acquisition of grievous moderate severity;
Emotional breakdown, acquisition of psychiatric, neurological diseases, for example, schizophrenia;
Gust to suicide due to permanent pressure or guilt;
The death of the victim, which may occur both from Tirana himself and by suicide.

How can you protect yourself from domestic violence

From domestic violence, you can protect yourself, exclusively told about your problem to other people. The victim is advised to contact:

To relatives familiar with the receipt of shelter and further assistance. This method is not always effective, as satrap usually knows all the victim's places where it can hide;
Appeal to the police. In the police need to be handled anyway. But some are afraid that if they write a statement about the incident, the offender will again begin to mock the victim, so it's best to hide the despot from my eyes to avoid re-obtaining beatings;
Let's leave forever from the family as early as possible, do not wait for the deposits that can happen from the actions of the criminal. It should be noted that such people never change, even if they try to behave decently. After some time, breakies happen again at a reinforced pace;
Contact the Center for Social Protection of the Population for receiving satisfaction. Usually they can provide temporary housing, clothing nutrition. Some services are caring for babies, they are looking for work for the victim, as well as teach them the main skills of child care and home;
Contact charitable funds to help families and people who have fallen into a difficult life situation. Here you can also get accommodation, food, clothing, psychological, legal assistance, and the like.

Punishment for domestic violence

Causing harm to hard and moderate harm to health.
In accordance with Art. 112, providing for a punishment for harming the health of moderate gravity, the crime must be deliberately. Tiran may be limited in freedom, lose it, as well as get forced work with a total of three years. In addition, it can be arrested for six months.
For causing grievous harm to health, for example, the abortion of pregnancy, lost his hearing, vision, voice, the criminal can conclude for the bars for up to eight years, which is provided for in Article 111 of the Criminal Code of the Russian Federation.
For causing the grievous and moderate severity of harm to the health of the victim, if the criminal was in a state of mental excitement, that is, the affect, he can receive two years of forced work, to be limited in freedom or lose it as two years old.
Causing easy harm to health.

Other grave crimes against the victims when making domestic violence:

The torture implies systematic applying or regular pressure from the criminal. Under Article 117 of the Criminal Code, he will be punished in the form of restriction or imprisonment, as well as forced work until those years.
Threat to murder. If the home-made tyrant is constantly threatened with his victim, which will kill it and accompanies his words actions, for example, squeezes the neck, waving a sharp object, then such a crime can be qualified under Art. 119. The criminal will receive a sentence in the form of restriction, imprisonment, as well as forced work for two years, in addition, the Court may assign mandatory work for a period of 480 hours or arrest for six months.
Deprivation of liberty. If the sacrifice of homely despot forcibly keeps the house under the lock, its actions can be qualified under Article 127 of the Criminal Code. In this case, the offender will receive the same punishment as a threat to the murder.

The above-mentioned list of punishments is not final. It contains the main articles of the Criminal Code of the Russian Federation, for which the criminals are most often attracted by these tyranans.

Homemade violence

As such, the concept of domestic violence in the Criminal Code of Russia is not: the law does not share crimes committed in relation to family members and third-party people. Although the responsibility for the beatings, causing serious harm to the health and mental suffering to family members is punishable much more stricter. Qualify domestic violence of the Criminal Code of the Russian Federation 111 (causing grievous harm to health), Art. 112 (causing harm to the health of medium severity) and art. from 115th to 119th.

The consequence of the distribution of this crime in several articles of the Criminal Code of the Russian Federation becomes the inability of the victim correctly formulate a statement. In addition, if the victim of the crime was the child - the application may not appear in the police station.

Properly decorated and timely submitted statement - the guarantee that domestic violence will stop. Therefore, it is very important to pre-consult with a good lawyer: on the accuracy of the wording and testimony as such will depend on the severity of punishment, and, as a result, the safety of family members. You can consult on questions of interest on the portal lawyer.ru: by phone and on-line.

Consultations of lawyers on the legislation of Russia

Category selection

What is the punishment for the systematic beating of a person?

Hello, such a question, can the relatives of a systematically beaten woman be bought by their husband to submit an application to the police? We are talking about domestic violence, herself go and take the first step she is afraid, please tell me the exit. Thank you.

How to stop domestic violence with the inaction of police organs?

Hello. I would like to know what to do if at home by stepmot threaten to kill me brother and mom, beat us, and police officers inactive? It so happened that a stepfather in the police all friends. And no matter how much we have come to the department, nothing. Show completely

Have a question for a lawyer?

Where to contact with homepage violence from the soul of a serviceman?

My husband is a soldier. Married recently, a year ago began to show aggression for any occasion. Several times caused the police outfit. Surrounded by district. But taking into account his official position on Meditors. I did not go to the meditance and wrote refusals from. Show completely

Is it threaten the article for photos of domestic violence sent by a minor girl?

Hello, such a question can be an article or any accusation, if I sent a minor girl photo of domestic violence (photo faces in bruises, applied by her husband) at her request?

What punishment threatens for domestic violence?

Good day. I know my relative is a victim of domestic violence, there are visible injuries and facts pointing to it. But at the same time she herself does not submit any statements and does not want to do anything that I can do from the part in this situation ,. Show completely

Homemade violence from his native brother

Hello! I live with my brother and grandfather. Brother is unemployed, rejoisitive drinks, hits the grandfather, humiliate me and threatens to beat. At the next disassembly, the voice recorder imperceptibly turned on. Is it possible to apply an entry to the police in the police. Show completely

Where to contact with domestic violence?

good evening! I am a victim of domestic violence, my cohabitant could upgrade me violence, beat, but there are no obvious traces of beating. I am on the 5 month of pregnancy. Where to contact?

Does my situation fall under a criminal article?

I found a video from my wife where she and his lover, he is naked half-breed and my son who was lying 3 years old and hugged in Troy. Is it suitable for an article by the plant?

How to secure mom from sister exposing her home violence?

Suit on the division of property in civil marriage

Good evening, I can file a lawsuit on the court to the property, if, after the official termination of the marriage, a joint accommodation and maintenance of the common economy continued. There is a common child. A total of a joint accommodation for 15 years, of which 4 in. Show completely

What documents are needed for court on domestic violence?

The former cohabitant threatens violence and pursues for many years, climbs into a fight arranges scandals on the landing, in the yard and everywhere where it meets me. Angle handlers to the precinct do not give anything. The threat is real, cut. Show completely

Pediatric stroller in the entrance

The family living on the third floor of an apartment building without elevator, two children. The older (5 years) has a bicycle, in the younger - stroller (1 month). Since the father is 5-6 days a week at work, stroller and bike they leave on the first floor immediately. Show completely

What to do in case of domestic violence where to contact?

Good afternoon, my girlfriend is exposed in his family violence from stepfather. He took away and broke her phone, beat and threatened to rape. The reason for such behavior was my requirements for the parents of the girl to reduce her for honey examination (girl. Show completely

What can you advise in the case of physical domestic violence?

Not a native father read the daughter's correspondence in secret, where he saw that her daughter communicates with a guy about sexual act, her daughter at that moment was 17 years old, just a couple of months would be 18, a guy 19 years old, sexual act was by mutual agreement, daughter it could . Show completely

Where to contact the situation of domestic violence?

Help, please advice! I have a mother of 84 years old, son 24 years old! Son - a sophisticated man, a few years ago, used amphetamine, we lived then in fear for their lives, the police helped them, after he "moved the roof" finally,. Show completely

Looking for an answer?
Ask a lawyer easier!

Ask a question to our lawyers - it is much faster
what to look for a solution!

Article and responsibility for domestic violence in the Criminal Code of the Russian Federation

Every adult person faces conflicts in the family, but often household quarrels will develop into violence. Frequently, people are inclined to underestimate him, find justification or just deny. No one should live in fear of his beloved person, the legislator takes into account this, but there is no domestic violence of the Criminal Code of the Russian Federation. The crime qualifies to 111, 112, 115, 119 and 132 articles of the Criminal Code of the Russian Federation.

Types of domestic violence

Home violence is a situation in which one of the spouses is trying to lead the second, control its actions and forced something. Attempts to bring total control in the family can be carried out by physical or morally. Homemade violence is noted in pairs of any age, economic, as well as the social standard of life. The victim of such relationships in most cases, women are becoming, due to the physical superiority of men. Often, verbal insults and threats can be directed to the child - the most weak member of the family who cannot stand up and answer.

Criminal law defines such types of family violence that entail responsibility:

physical;
sexual;
economic;
emotional.

Handscript or physical violence is a direct impact on the victim, accompanied by regular application, bruises, pinks and injuries of other gravity. Regulate physical violence in the family of Article 111, 112 and 115 of the Criminal Code of the Russian Federation - depending on the gravity of the injected injury.

Physical abuse also refers to the union of first medical care and treatment, so-called people and religious prescriptions. An example of such a situation is the refusal to hospitalize the child due to the fact that parents treat his herbs or rejection of blood transfusion due to religious beliefs.

131 and 132 articles about violence in a sexual family determine quite serious punishment. Of course, to prove that one of the spouses stopped in "Love" is quite difficult, but if the child was the object of violence, then it is possible to prove it by medical examination. Rape of a child and an encroachment on his sexual inviolability refers to the category of particularly serious crimes, and entails a serious punishment.

There is also economic violence. An article regulating this crime in the Criminal Code is marked at number 40. This type of impact in total control of expenses, tightened distribution of funds between family members. Even a small child must have money for pocket expenses. To do this, he is not obliged to dull them or perform certain actions that damage his honor and dignity and what is worse, public relations.

More than other ways of impact on women and children, family tyrants choose emotional and psychological violence. Prove this type of crime difficult things, because the mental impact does not leave physical traces. Applied emotional injuries can only take themselves in the future. For example, if the impact turned out to be on the child, it was imperative, he will not be able to adapt in society and build a normal relationship with other people. If violence was directed to a woman, breaking the relationship with the offender, it will be quite difficult for her to build a new family and believe citizens of the opposite sex.

Regulate homemade violence Articles The Criminal Code 129, 40, 130 and a number of other norms of the law, because the emotional impact can appear in different ways. A person can threaten physical violence, insult, humiliate honor and dignity and even put pressure on it.

Signs of domestic violence

Being in constant fear and the aggressive impact of the offender, the victims often perceive the situation as due, mistakenly believing that every family lives in his own way and faces similar problems. In fact, it is not. There is a huge number of signs that violence is present in your family, which should be stopped and punished.

Among the "symptoms" of domestic violence:

attempts by one of the family members to make the second financially dependent;
suggestion of the permanent sense of guilt;
suggestion of fear by constant threats and intimidation;
humiliation of dignity;
accusation of failures;
ignoring opinions;
aggressive jealousy;
detaching a bad mood;
inattentive attitude towards partner's feelings in the sexual area.

List all signs of violence is impossible, because relationships in each family are unique. Almost always the aggressor is a strategist who thinks over its actions. He is trying to stop any sacrifice resistance, makes everything to limit her contact with other people. In their victim, the aggressor sees property, and not a full-fledged person.

Often the rapist uses threats not only to physical violence, but also threatens to endorse the life of suicide if the victim tries to escape from him. Fearing to become guilty of the death of a loved one, the sacrifice remains a hostage, not wanting any violence at all.

In constant disassembly of mother and father suffer from minor children. And their interests legislator defends first. Children should not live in fear of parents and tolerate constant humiliation and beatings. Most often in the Russian Federation, situations are noted when the violence of the father or stepfather over the child occurs in front of the mother. A woman, of course, sorry for his child, but being intimidated, she does not turn to the police. Sometimes the victims to be afraid to contact the police, as they do not know which reaction to expect, they think that the offender is even more angry with their statement.

According to statistics, if you submit a statement, law enforcement officers will punish Tirana, and next time he will think twice, whether the pressure on its loved ones and do with the manual.

In modern society there are even special institutions for women and children who have been subjected to domestic violence. There they can stay during a trial. It protects them from the returning of the offender and allows you to forget about the experience of the abuse.

Responsibility for a crime

Responsibility for domestic violence will differ depending on how it was carried out, as well as on the consequences that it had. If physical violence of light gravity was used, the offender will attract responsibility in the form of a fine, forced work or a correctional work. Probably the restriction of freedom to two years, as well as imprisonment for the same period. The most stringent punishment for the injury of medium gravity is to deprive or restriction of freedom for up to three years, as well as arrest up to 6 months. If domestic violence has serious consequences, an attacker threatens imprisonment for up to 8 years.

When selecting the responsibility of the judge will be taken into account the circumstances of the crime - mitigating and unagreering. Violence over minors is already in itself an aggressive circumstance, because it provides for a punishment in a more severe form. The same applies to violence after abuse of alcoholic beverages and narcotic substances.

It is impossible to ignore and threats to your address, for them, the Criminal Code also determines the punishment in the form of a fine, arrest for a period to six months, as well as a limitation of freedom to 2 years. For insulting the offender will pay a big fine and will be attracted to mandatory work. It is especially strictly punished by sexual violence, it entails the sanction in the form of imprisonment to 8 years, if it comes to a spouse, and from 8 to 15 years, if a minor has become an object of violation.

Violence in the family must necessarily punish, because it may have depository consequences in the form of disabilities of the victim and even death. It is not necessary to regret your home tyrant, its aggressive behavior is a conscious choice, rapists are excellent manipulators, they will behave perfectly, realizing that they were driven the corner. People who exercise domestic violence are perfectly controlling their behavior.

A man once raised his hand to his wife and a child, it will definitely repeat it, feeling his impunity. Do not tolerate a similar attitude, and do not become a hostage of a continuous cycle of bullying. You can only break the vague circle of violence, by chartering the police in a timely manner.

The State Duma canceled criminal punishment for beatings in the family

At the same time, the second and subsequent cases of domestic violence are invited to leave criminal offenses.

Recall that in the summer there were decriminalized beatings, perfect for the first time in relation to other people's people. However, for similar acts against relatives, criminal liability preserved. This led to writing amendments. As one of their authors Olga Batalina explained (EP), the law comes from the fact that "the native mother for his own child is more dangerous than other people's unidie." As a result, the parent for the beatings of a child could receive up to two years in prison, and the neighbor was separated by an administrative punishment.

The document makes changes to Article 116 of the Criminal Code of the Russian Federation by eliminating "beatings against close persons" from the number of crimes. Administrative responsibility stipulated for the primary commitment, strict enough: a fine of 5 thousand to 30 thousand rubles, arrest for a period of 10 to 15 days or mandatory work for a period of 60 to 120 hours.

Both recidivists and those who caused damage to the relative (more serious than bruises and abrasions) will have been going on the criminal article.

Amendments are dissatisfied with the Council of Europe: Previously, his Secretary General Tourbierne Yagland sent the leadership of the State Duma and the Federation Council a letter in which he expressed concern. The Speaker of the Lower Chamber Vyacheslav Volodin in response called unacceptable such pressure on the State Duma, emphasizing that only the opinion of the Company matters for deputies. The speaker reminded that, according to VTsIOM, about 60% of respondents supported the idea of \u200b\u200bthe decriminalization of the first chance of beatings of close people.

The first head of the United Russia faction, Andrei Isaev, is convinced that the Duma majority made the right decision, supporting the law on the decriminalization of family beatings that did not harm the health - the so-called "slap law".

"A lot in print appears that, that, they say, the State Duma allows domestic violence. This law is not at all about that.

Any violence that causes even easy harm to health, any violence that is systematic in nature, that is, it is repeatedly committed, as it was, and remains in the Criminal Code to criminal acting and crime. As it was, it remains in the Criminal Code that violence committed against juvenile, with respect to pregnant women, or those who are in knowingly helpless state, is aggravating the circumstance. We are not talking about slap and landing, that is, one-time beatings that did not harm health. This kind of offense is recognized as a serious administrative offense for which serious responsibility is established - 15 days of arrest, correctional work, fairly large fines. "

Taking such a decision, "the Duma corrects the injustice that exists today. Already, as you know, the primary beatings are decriminalized for the majority of people. And this, by the way, did not cause massive fighting. But at the same time, there are criminal beatings in the event that there are someone from family members. If, suppose a single mother after the second job coming home and, finding the night's drug in the nightstand in the nighttime, the drugs will give him a clutch - today she is a criminal code for a criminal code. And if her son will put a fingal on the street of someone else's uncle, he is no criminal, it is a maximum of administrative responsibility. For the same act, a different punishment measure is envisaged. It does not comply with the Constitution, "said Isaev.

The article is written on the materials of the sites: medialeaks.ru, www.cherlock.ru, pravoved.ru, yurister.ru, rg.ru.

Materials on the topic: