Legal assistance online – the problem – maintaining a private order accusation under Article 116 of Part 1 of the Criminal Code of the Russian Federation. The human rights social network is a meeting place for citizens, journalists and human rights activists.
Maintaining a private order of Article 116 of Part 1 of the Criminal Code of the Russian Federation
October 19, 2014 gr. Sh, on the basis of personal hostile relations, deliberately inflicted two blows to me with a fist in the left side of the face and cheekbone, causing bodily harm and severe physical pain. On the same day, I was forced to contact an ambulance, where I was provided with first medical care. According to the act of medical examination, I have identified: bruises of the left -wing eye socket, the upper jaw and the left zuline region, which did not cause harm to health, as well as not entailing its short -term disorder or a slight persistent loss of general disability. The fact of infliction of bodily injuries to me is confirmed by the materials of verification by the employees of the Ministry of Internal Affairs of the Ministry of Internal Affairs. This fact can also be confirmed by witnesses who were eyewitnesses of what happened. A criminal case was opened on this fact under Article 116.h1 of the Criminal Code of the Russian Federation, and a court hearing was scheduled for 05/07/2015, and this is a private order. I was informed that at the hearing I will be not only the victim, but also the side of the prosecution, i.e. The prosecutor should not be present at the hearing. How to be? How to properly charge at the hearing? What to rely on besides the Criminal Code of the Russian Federation? Maybe there is any plan to rely on? Help me please. Help, please correctly support the accusations so that the accused is carried out by a well -deserved punishment.
It’s good that you have witnesses and have a medical certificate. Less emotions in court, set out the facts.
I give you examples of judicial practice – carefully look, perhaps some of the theses will come in handy at the meeting:
Examples of practice – court decisions and sentences under Article 116 of the Criminal Code of the Russian Federation:
The decision in the case is 1-20/2014 (05/01/2015, the judicial plot No. 14, Obninsk)
The decision in the case is 1-19/2015 (04/30/2015, the judicial plot No. 2 of the peace of the city of Gorno-Altaysk)
The decision in the case is 1-04/2015 (04/30/2015, Nizhnekolymsky court plot No. 22)
Decision in case 1-23/2015 (04/30/2015, judicial plot No. 1 of Volgodonsk Rostov Region)
The decision in the case 1-26/2015 (04/29/2015, the judicial plot No. 36 of the justice of the peace of the Domodedovo judicial district of the Moscow region)
The decision in the case is 1-16/2014 (04/28/2015, the judicial site of the Leshukonsky district)
The decision in the case 1-14/2015 (04/28/2015, the judicial section of the justice of the peace No. 34 in the village of Vokhma and the Vokomsky district)
The decision in the case is 22-2469/2015 (04/28/2015, the Supreme Court of the Republic of Tatarstan (Republic of Tatarstan))
The decision in the case is 10-4/2015 (04/28/2015, Zarechensky City Court (Penza Region))
The decision in the case is 33-4135/2015 (04/28/2015, the Kemerovo Regional Court (Kemerovo Region))
The decision in the case 33-6289/2015 (04/27/2015, the Supreme Court of the Republic of Tatarstan (Republic of Tatarstan))
Decision in case 4/17-23/2015 (04/27/2015, Kimorsky city court (Tver region))
Decision in case 1-1/2015 (04/27/2015, judicial plot No. 7 of Volgodonsk Rostov Region)
The decision in the case 1-10/2015 (04/27/2015, the judicial plot No. 218 of the justice of the peace of the Ramensky Judicial District of the Moscow Region)
The decision in the case is 10-4/2015 (04/27/2015, Monchegorsky City Court (Murmansk Region))
The decision in the case of 1-8/2014 (04/25/2015, the judicial plot No. 3 of the Oktyabrsky district of the city of Saratov)
The decision in the case 1-52/2013 (04/24/2015, the judicial plot No. 144 of the Tractorozavodsky district of Volgograd)
The decision in the case is 1-34/2015 (04.24.2015, the judicial plot No. 63 of the Solnechny district of the Khabarovsk Territory)
The decision in the case of 1-38/2015 (04.24.2015, judicial plot No. 62 of the justice of the Istrinsky Judicial District of the Moscow Region)
The decision in the case of 1-47/2015 (04.24.2015, judicial plot No. 36 of the justice of the peace of the Domodedovo judicial district of the Moscow region)
The decision in the case is 10-30/2015 (04.24.2015, Novocheboksarsky City Court (Chuvash Republic))
The decision in the case is 1-36/2015 (04.24.2015, the Timan judicial site of Ukhta)
The decision in the case is 22-2381/2015 (04/24/2015, the Supreme Court of the Republic of Tatarstan (Republic of Tatarstan))
The decision in the case is 4U-840/2015 [44U-99/2015] (04.24.2015, Primorsky Regional Court (Primorsky Territory))
Decision in case 4/1-45/2015 (04/24/2015, Bezhetsky City Court (Tver region))
Decision in case 4/16-30/2015 (04/24/2015, Ordzhonikidze District Court of Magnitogorsk (Chelyabinsk Region))
The decision in the case is 1-64/2013 (04/23/2015, the justice of the judicial section No. 18 of the Fokinsky district of Bryansk)
The decision in the case is 1-14/2013 (04/23/2015, the judicial plot No. 6 of the Zavolzhsky district)
The decision in the case is 1-28/2015 (04/23/2015, the judicial plot No. 1 Novy Urengoy)
The decision in the case is 1-33/2015 (04/23/2015, the judicial plot No. 2 of the peace of Gorno-Altaysk)
The decision in the case is 22-1102/2015 (04/23/2015, the Smolensk Regional Court (Smolensk Region))
The decision in the case is 10-30/2015 (04/23/2015, the Abakan city court (Republic of Khakassia))
The decision in the case is 4U-292/2015 [44U-62/2015] (04/23/2015, the Rostov Regional Court (Rostov Region))
The decision in the case is 10-4/2015 (04/23/2015, Vashkinsky District Court (Vologda Oblast))
The decision in the case is 22-1800/2015 (04/23/2015, the Rostov Regional Court (Rostov Region))
The decision in the case 1-10/2015 (04/23/2015, the judicial site of the peace of the Camera No. 2 of the Kamensky district of the Penza region)
The decision in the case is 1-41/2013 (04/22/2015, the judicial site of the Leshukonsky district)
Decision in the case 1-18/22 (04/22/2015, Bulunsky Judicial Party No. 7)
The decision in the case is 22-539/2015 (04/22/2015, the Oryol Regional Court (Oryol Region))
The decision in the case 10-19/2015 (04/22/2015, the Soviet District Court of Kazan (Republic of Tatarstan))
The decision in the case 1-22/2015 (04/22/2015, the justice of the judicial section No. 19 of the Fokinsky district of Bryansk)
The decision in the case is 22-1783/2015 (04/22/2015, the Rostov Regional Court (Rostov Region))
The decision in the case 10-15/2015 (04/22/2015, the Voroshilovsky district court of Rostov-on-Don (Rostov Region))
The decision in the case is 22K-563/2015 (04/22/2015, the Oryol Regional Court (Oryol Region))
The decision in the case is 10-15/2015 (04/22/2015, the Central District Court of Togliatti (Samara region))
The decision in the case is 2-1770/2015 ~ M-593/2015 (04/22/2015, Minusinsk City Court (Krasnoyarsk Territory))
The decision in the case is 22-2234/2015 (04/22/2015, the Primorsky Regional Court (Primorsky Territory))
The decision in the case is 10-6/2015 (04/22/2015, the Yurginsky city court (Kemerovo region))
Decision in case 4/17-21/2015 (04/22/2015, Krasnokholmsky district court (Tver region))
The decision in the case is 10-8/2015 (04/21/2015, the Leninsky District Court of Ivanovo (Ivanovo Region))
From the objective side, beatings are Drawing repeated blows. The application of one blow cannot be called beatings. In the absence of the consequences provided for in Art. 115 of the Criminal Code, applying a single blow can be considered as a way of committing another crime (hooliganism, insult, etc.). Commentary on Article 116 of the Criminal Code on the link: http://www.labex.ru/page/kom_uk_116.html
Therefore, at the hearing you must definitely focus that there were 2 strokes, that is, you were deliberately beaten, and it was not a random blow
And another important document:
Rules for determining the severity of harm caused to human health
(approved by Decree of the Government of the Russian Federation of August 17, 2007 N 522)
Guarantor system: http://base.garant.ru/12155259/#ixzz3zkrmdj9v
For your protection in court, you should study Articles 42, 318-323 of the Criminal Procedure Code. You can use the paid assistance of a lawyer, and then the costs of paying for the services of a lawyer to recover from the defendant, but, of course, within reasonable limits. You have the right to demand compensation for the defendants of moral damage. You will have to indicate in the meeting what physical and moral suffering suffered, their degree.
Diana Tretyakova, expert
Margarita Parachian, expert
8 years of work in the investigation authorities, 13 years of work as the head of the legal service of the group of commercial organizations, where she solved problems in the field of corporate, tax, administrative, civil, labor, land law. The solution of criminal issues.
May 6, 2015, 09:29,
6 years ago
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