A man opens his arms in relation to his wife - a typical family situation that simply cannot be ignored. In particular, if during a conflict situation a woman receives severe bodily harm. What to do in this case? Is there a crime in this? If a husband beat his wife, what threatens him? Find answers to vital questions.
Family conflicts often come to the assault of the spouse. Despite this, women continue to glue a long-broken bowl. Let us consider the often found grounds for conflicts in the family later in the article.
Alcoholism
This concept includes a person’s loyalty to alcohol. Often he resorts to it to relieve stress or tension. Sometimes spouses do not even notice how they gradually become hostages of alcohol. Dependence can occur both in one spouse and in both. If a man is addicted, then his wife and children are constantly in stress and an unhealthy psychological atmosphere. Therefore, often in such families low income, unemployment, frequent conflicts, all forms of violence and cruelty. In general, alcoholism leads to the involvement of doctors and law enforcement agencies.
Jealousy
In society, it is believed that jealousy is a manifestation of strong feelings. Often this position is held by the older generation. But if you look at the consequences of that very jealousy, it becomes clear that it literally destroys families. Unreasonable jealousy leads to frequent quarrels in the family.
Often, jealous people manifest such character traits as suspicion, incredulity, emotional instability, self-doubt, low self-esteem.
Treason
A frequent circumstance that provokes a family conflict. The negative attitude of one of the spouse to the fact of infidelity leads to constant distrust. Such a “sick” union often ends in divorce.
Self-esteem
Paradoxical as it may seem, if one of the spouses is not satisfied with the significance in the family, sooner or later this fact will cause a conflict situation. This can be said about the disrespect of partners to each other. Even a minor conflict can develop into a serious “conflict” flame. And the root of the problem is inadequate self-esteem.
If a husband beat his wife at home, what punishment would he incur? We will understand further.
For beating which article threatens?
In this case, several solutions are provided. If a husband beat his wife, what threatens him? For light bodily harm - 3-4 months of arrest. For prolonged torture - up to 3 years.
Factors that influence the classification of domestic violence:
- the intensity of physical damage;
- systematic beatings;
- collected evidence base that confirms the fact of beating and physical damage.
If as a result of strikes scratches, hematomas, abrasions, more serious injuries appeared, then we can safely speak of criminal liability.
If a husband beats his wife, what article? Strong beating automatically falls under article 116 of the Criminal Code of the Russian Federation. However, there are situations in which the doctor can record the complaints of the injured person, the reaction to palpation of certain parts of the body where the blow was delivered.
If the doctor’s conclusion prescribes a hypothetical reason for the formation of injuries on the body and their prescription, then employees have the right to establish the fact of the beatings and the degree of attitude of the accused person to them.
Article 116 provides not only for strikes and bodily harm, but also other violent acts. For example, wringing hands, slapping, strangulation, pulling hair.
From time to time a husband beats his wife? What punishment is provided? Torture is a term that implies physical abuse and beatings that occur systematically. In order for law enforcement agencies to classify the acts of the spouse as a crime under Article 117 of the Criminal Code of the Russian Federation, you need to provide documentary evidence - a certificate, a doctor’s opinion and medical examination.
If the husband beat his wife - what article? The punishment depends on the severity of the damage. Slight harm to health involves article 115 of the Criminal Code. It speaks of minor physical damage, a temporary deterioration in well-being. If these conditions have occurred as a result of unlawful acts of the spouse, who used physical force.
Several types of charges “shine” to the domestic offender, but it directly depends on the degree of harm.
Grievous bodily harm
The Criminal Code of the Russian Federation provides for Article 111. This document means damage to health that is life threatening. As a result, such complications could arise:
- loss of organ, hearing, vision, speech;
- loss of functionality of one of the parts of the body;
- abortion;
- mental disorder;
- addiction or substance abuse;
- disfiguring a face that cannot be corrected;
- significant loss of performance (by 1/3 or more), as well as its complete loss.
If the husband has beaten his wife, liability under this article provides for imprisonment of up to 8 years.
Medium Health Damage
Moderate severity is considered life-threatening, since it does not lead to the consequences that are provided for in Article 111 of the Criminal Code of the Russian Federation. However, as a result of the spouse's brutal actions, the victim manifests a long-term health disorder. Up to a significant loss of performance.
If a husband beats his wife, article 112 of the Criminal Code provides for the following types of punishments:
- imprisonment or forced labor for a period of 3 years;
- arrest up to 6 months;
- imprisonment up to 3 years.
It is important that the doctor correctly assesses the severity of the physical damage inflicted.
Light damage to the victim’s physical condition
This type of physical damage is considered insignificant, but it also faces a prison term. A minor harm is considered to be a short-term health disorder or a slight loss of performance.
A sanction is imposed on the offender, which is assigned by the court, namely:
- a fine of up to 40,000 rubles or the salary of the offender for the last three months;
- performance of compulsory work up to 480 hours;
- correctional labor for 1 year or less (at the discretion of the court);
- imprisonment of up to 4 months.
If in a state of passion a husband beats his wife, the article threatens 113 of the Criminal Code of the Russian Federation. If the state of affect is caused by negative actions on the part of the victim (insult, bullying), then the responsibility of the culprit can be mitigated. The maximum punishment in this case is imprisonment for a term of 2 years.
Spouse has beaten the child
Beating a child is not an offense, but a crime. This is causing physical harm to a minor.
If the spouse has beaten the child, then you need to immediately call the police outfit. After that, you will have to follow the procedure for removing beatings from the doctor, and involve a lawyer in the case. Then wait for the trial.
If violence against the child was committed publicly, then the victim may not write a statement for the proceedings.
If the husband beat his wife, the punishment we found out. But for beating a minor child it will be more severe. If law enforcement agencies have not identified the corpus delicti, then it will be deprived of parental rights and impose a criminal sanction. He will be required to pay a fine of up to 100,000 rubles or be deprived of his liberty for three years.
All cases of violence against children are recorded. Guardianship and trusteeship bodies, special departments of the internal affairs department, psychologists, prosecutors and teachers act as protection.
Additionally, the court may consider criminal liability in case of child abuse in accordance with article 156 of the Criminal Code of the Russian Federation.
For beating a child, a man is punished under two articles.
Where to go for help to a woman?
If a man decided to dissolve his hands on a woman, then this is not only low in terms of morality, but also against the law. In the case of such a cruel act, every woman should know: the husband has beaten his wife that he faces a punishment.
To begin with, you should remember: if you started a fight between your wife, then your wife should try to leave the "battlefield" as soon as possible.
The husband beat his wife, what threatens him? Term, but depending on the degree of physical injury.
So, if a woman intends to punish a man, then she will have to go through several instances. To confirm the fact of domestic violence you need to contact:
- to the police;
- to a medical facility so that the doctor records beatings;
- to a lawyer;
- to court.
The injured party must apply for protection in a strict manner. Otherwise, not all types of physical harm inflicted reach the court.
For example, bruises remained from her husband’s brutal actions or he hit in the face, but he didn’t have weapons in his hands. In this case, if the ex-husband has already beaten his wife, what threatens him? In such a situation, the police will not even accept the statement.
Punishment is only applicable if there is serious bodily harm. With the letter of the law, this is called "various measures of responsibility."
How effective are the articles of the Criminal Code of the Russian Federation?
Despite the fact that domestic violence is a frequent occurrence, law enforcement agencies do not cope with the implementation of preventive measures.
Only 3% of all cases are brought to court.
For example, article 115 of the Criminal Code is a frequent charge. However, this article does not provide adequate protection to the injured party. The victim of domestic violence must file an application with the court, independently collect all the evidence (remove beatings from medical experts, find witnesses), and also fulfill the role of state prosecutor in court. Often, you can’t even count on a consultation with law enforcement agencies.
An ambiguous situation lies in article 117 of the Criminal Code of the Russian Federation. It is necessary to provide evidence base for each of the cases of beating and violence, to prove the intent of the perpetrator. It is almost impossible to carry out such work independently without the support of specialists. However, not everyone has enough finance for these processes. Therefore, many Russian women adhere to the principle of "dirty linen in huts."
Psychologist's advice
Almost all the recommendations of psychologists come down to one thing - to make a choice between a radical change in one's life or the continuation of the spouse's bullying.
Not all women are morally ready to turn their lives 180 degrees. Excuses like “I have nowhere to go”, “the child needs a father”, “financially I will not pull the children” come to the fore. Therefore, the problem of domestic violence must be addressed in stages.
To analyze prevailing domestic violence it is necessary:
- determine the cause of the aggressive behavior of the spouse;
- talk with your husband about saving the marriage (you need to change, otherwise the family cannot be saved);
- if the spouse has decided to change, then the wife should support him in every possible way; praise for small successes, encourage and not criticize with strangers.
If a conflict is brewing, then the wife should provide a plan for her salvation. Make every effort to prevent the conflict from flaring up.
It is almost impossible to solve the problem of domestic violence in the family without a break. Since it is rare that any of the men are aware of the existence of problems and are ready to change for the sake of saving the family.
Every woman should soberly assess the situation and not allow to scoff at herself.