The activities of modern man today are carried out in many areas. Moreover, it is almost completely coordinated through law - the main regulator of social relations. This state of affairs allows us to significantly diversify the methods and forms of state control over human life. But the question is, why control people? In the Russian Federation today there is an established legal regime. It is based on the provisions of regulatory acts of the state and generally accepted social rules. Nevertheless, this regime is very often violated by individuals, which is a rather negative factor. In addition to this, there are several forms of such actions. The first are ordinary offenses. In general, they do not carry any public danger. The most pernicious are acts of a different form, called crimes. They are characterized by the highest type of public danger. A special type of legal liability is provided for committing crimes - criminal. One of these acts today is beatings. This crime is characterized by a specific composition and liability.
History of legal processing of an act
Today, beatings are a crime, punishment for which is provided for in a certain article of the Criminal Code of the Russian Federation. It is worth noting that the violation presented was repeatedly processed during the formation of the criminal legislation of the Russian Federation. For example, up to 2005, according to the provisions of the Code of Criminal Procedure of Russia, representatives of the bodies of inquiry and investigation could not accept statements informing of the fact of the beating. However, today beating is a criminally punishable action that is characterized by its own composition and other specific features. It should also be noted that the act mentioned in the article is prosecuted not only in Russia. The criminal legislation of Ukraine, Armenia, Azerbaijan and Georgia contains norms establishing responsibility for this socially dangerous act.
Regulatory tightness
The fact that beating is a crime indicates the existence of certain regulatory frameworks for its direct regulation. In accordance with this, we can distinguish the norm of a sectoral law, which establishes liability for the commission of the said act. Such today is Article 116 of the Criminal Code of the Russian Federation “Beatings”. The provisions of this norm consolidate key statements about the crime and the types of persons who can commit it. In addition, alternative sanctions are enshrined in the sanctions of the article , which can be applied to the subjects by the relevant judicial authorities of the Russian Federation. Of course, every crime should be considered only taking into account the characteristics of its composition. The key point in this case is the structural elements of a socially dangerous act.
Composition Elements
Beating is characterized by criminal liability. Therefore, an act of this kind will necessarily have its composition, which is a classic manifestation of the subjective and objective features of any crime. According to the general criminal law theory, the composition of any act representing a public danger includes the following elements, namely: subject, object, subjective side and objective side. These structural elements allow us to characterize the crime from different angles, taking into account all the moments accompanying its commission.
What is the object of the crime?
Any act characterized by a certain level of social danger encroaches on something. In the scientific community, there is much debate about the subject of crime beatings. The Criminal Code of the Russian Federation, as we understand it, does not provide any clarification on this issue. However, there are many doctrinal theories regarding the issues presented. According to the most common, beatings encroach on social relations that exist in the sphere of bodily and physical integrity of each and every person. That is, qualification requires establishing the fact of damage to these relations. As for the person himself, he only has the status of the victim.
The article “Beatings” of the Criminal Code of the Russian Federation is also characterized by the presence of an additional object. It has an optional status and is characterized as a relationship in the sphere of honor and dignity of a person. The encroachment on this object is far from always carried out, therefore it is not obligatory in its essence.
Beatings of the Criminal Code of the Russian Federation - subject of crime
Any socially dangerous act is carried out by someone. Therefore, in criminal law, there is an institution of the subject. It has a large number of features that are caused by the specifics of each individual corpus delicti. For example, article of Criminal Code 116 “Beatings” applies to individuals who are over 16 years old. That is, in this case we are talking about the standard age group of subjects of criminal responsibility. The rule of law does not provide for any specific features. Therefore, under the action of punishment can be any natural person who has realized the elements of a crime through his actions.
The subjective side of a socially dangerous act
When studying the specific corpus delicti, it is necessary to take into account the internal attitude of the subject of criminal responsibility to the violation committed by him. This element of a socially dangerous act is always present. Moreover, there are several forms of its direct manifestation. Thus, beating is a crime, the subjective side of which is distinguished by direct intent. In other words, the subject who committed the act wishes to carry out certain actions of an active nature, and also understands their danger and consequences that may come in the future. It is simply impossible to incriminate = negligence in this case, since this article implies the purposeful activity of a specific person.
Of great importance in qualifying beatings are motives. According to article 116 of the Criminal Code of the Russian Federation, beatings can be inflicted on the basis of motives of a hooligan, religious, personal and other nature. Hatred of one or another social group also falls under the action of the subjective side of the crime.
Beatings of the Russian Federation - the objective side
Crimes are committed through action or inaction. It is the first category that characterizes the beatings. The article of the Criminal Code of the Russian Federation mentioned above suggests that the crime is carried out through violent acts that cause pain to the victim. It should also be noted that the objective side of the beatings can be realized in two main forms:
- directly beatings;
- the commission of other violent acts that cause physical pain to the victim.
The first aspect is expressed in the active application by the subject of the crime of punches, kicks, or other objects: sticks, bats, etc. Moreover, their number is not directly indicated.
The legislator only notes the multiplicity of such attacks. As for other actions aimed at causing pain, they can be expressed in blows with specific objects, cauterization by fire, pinching, scratching, etc. The key aspect of the beatings is the fact that their implementation does not harm health. This aspect distinguishes a criminal article securing liability for beatings, from other similar elements of crimes.
Prescribed punishment
Beating in criminal law is a light offense. Therefore, the legislator has established a large number of alternative punishments that can be applied to the subject of socially dangerous acts. Awarding one of the types of legal liability may vary depending on the circumstances of a particular case. Thus, the following punishments for beatings exist, namely:
- obligatory work;
- correctional work;
- restriction of freedom ;
- forced labor;
- arrest and imprisonment.
Identity of the victim
Beatings can be directed at any person. But in article 116 there is a note that this crime is also directed against relatives. These include, of course, close relatives, as well as entities that lead a common life with the criminal. Thus, the number of victims of Art. 116 is quite extensive. Therefore, the consolidation of this act as a crime allows us to prevent the consequences of its commission, and, if necessary, to punish the guilty.
So, we found out the features of the corpus delicti, which is provided for in Article 116 of the Criminal Code of the Russian Federation. It should be noted that the legislative interpretation of this rule requires additional scientific justification. After all, this directly affects its application in the practical activities of state law enforcement agencies.