Home beatings. Domestic Violence - Who to contact in case of domestic violence? "There is either a husband, or a groom, or no one"

The State Duma passed a law on the decriminalization of domestic beatings. According to the new law, beatings against close relatives are removed from the category of criminal offenses if they are recorded for the first time. Beatings are understood as actions that caused physical pain, but did not lead to a short-term health disorder, loss of ability to work.

Moskovsky Komsomolets writes that for beating close relatives there will be only an administrative punishment: a fine, arrest for 15 days, or corrective labor. And criminal liability will come only if the one who once received an administrative penalty beat a relative again. Meanwhile, according to the Ministry of Internal Affairs, every 40 minutes, one woman suffers from domestic violence in Russia. About 40% of serious crimes are committed in the family. Every tenth murder happens in the family. And over 9 months of last year, more than five hundred women and 56 children were killed at the hands of family members. With all this, the authors of the amendments appeal to the undesirability of interference in family affairs. And they cite as an argument numerous cases when a beaten wife took a statement from the police (“What an affectionate word: beats.”).

Moskovsky Komsomolets also cites the opinion of famous people about the new law on domestic violence. In particular, the newspaper publishes reflections on this subject by the singer Valeria, whose sad story of relations with her ex-husband Alexander Shulgin is known to the whole country: “Parliament, the upper and lower chambers, should work exclusively in the interests of society. Let's do what Switzerland does. This is a small country, but all laws and proposals are submitted to a referendum. Yes, it will take time, but that's okay. Let's vote for the innovation of our deputies: for or against. And it looks so funny. Someone alone says that he offers, but there are still several million people around who think differently. Deputies always propose rules that they themselves cannot live by. Mrs. Mizulina was lucky in life that she did not face violence, but what about those who have a different life?” Maria Andreeva, lecturer at the Russian State Humanitarian University, Candidate of Economic Sciences, told the publication about the procedure for litigating cases of domestic violence: “Before the amendments to Article 116 of the Criminal Code of the Russian Federation came into force, cases of domestic violence were considered as a private accusation, which were conducted by Magistrates' Courts. The victims had to gather evidence themselves. Neither the police nor the prosecutor's office was involved in this" ("Valeria: "Mizulina was lucky that she did not encounter domestic violence").

“Home” beatings were removed from the Criminal Code

In the article of the Criminal Code itself, after the adoption of the law, there will be minimal changes: the words “in relation to close persons” will disappear. Previously, these words equated light assault in relation to household members with violence from hooligan motives. This made it possible to punish such actions rather severely, up to two years in prison.

The disappearance of these words in the law will qualify light domestic violence committed for the first time as an administrative offense. Repeated violence will in any case be regarded as a criminal offence.

As Mizulina explained to the deputies, her bill corrects the injustice that has arisen. It turns out that now violence against household members is punished more severely than violence against strangers. If you hit a stranger without damaging his health, this is considered an administrative offense. And if you do the same with your relative or loved one, this is already a criminal offense, the senator explained.

Explaining the meaning of the existing law (it only came into force in 2016), she used the phrase “spanking law”. It is understood that now for a simple spanking of a child, a parent can now be sent to prison. According to her, the worst thing is that the current law does not allow to close the criminal case even after the parties have reconciled.

Mizulina said that the current law grossly interferes with the family and is part of the policy of juvenile justice. She called the existing norm "a manifestation of hatred towards the family." According to the parliamentarian, parents throughout the country opposed the current practice. According to a member of the Federation Council, this does not mean that they are in favor of domestic violence - people simply defend traditional values.

The senator recalled that any serious bodily harm will still qualify under the criminal code.

The bill caused a discussion among the deputies. Many expressed concern that the decriminalization of battery would spur domestic violence. For example, United Russia Oksana Pushkina recalled that in Russia every year 600,000 women are subjected to violence at home, with one in three suffering regularly (Mizulina denied these figures). Fair Russian Oleg Nilov urged to separate the juvenile issue and the issue of domestic violence. According to him, raising children with slaps and drunken beating of relatives should be considered separately. Sergei Ivanov from the Liberal Democratic Party asked for information: was at least one person convicted of spanking a child? Such examples could not be given to him.

The bill passed almost unanimously, with one deputy voting against and one abstaining.

The law on the decriminalization of beatings came into force

Photo by Anna Nevolina

On February 7, 2017, President Vladimir Putin signed a law decriminalizing beatings. According to the document, if beatings of close relatives are committed for the first time, they are transferred from the category of criminal offenses to the category of administrative offenses, which are punishable by a fine of 30 thousand rubles, arrest for 15 days or correctional labor.

"Gorodskie Vesti" found out what threatens such a softening of the legislation.

Correcting an injustice

The changes affected Article 116 of the Criminal Code. According to them, light beatings committed for the first time will become an administrative offense, and criminal punishment will threaten only if a person again commits a similar act within a year.

The document was submitted to the lower house of parliament last November by deputies Olga Batalina, Olga Okuneva and senators Galina Karelova and Zinaida Dragunkina, Izvestia reports. According to the document, a family member who for the first time inflicted beatings, but did not cause harm, will be entitled to an administrative fine from 5 to 30 thousand rubles. For a repeated violation - a criminal penalty in the form of a fine of up to 40 thousand rubles, compulsory work up to 240 hours or correctional labor for up to six months.

The reason for the adjustments was the amendment of the Criminal Code last summer, according to which the punishment for perpetrators of domestic violence became stricter. Instead of a fine of 40 thousand rubles, they were threatened with up to two years in prison. A similar punishment is now provided for those who inflicted beatings on the basis of political or ethnic hatred.

On February 7, 2017, Federal Law No. 8 FZ was published, which amends Article 116 of the Criminal Code of the Russian Federation “Beatings”. Now inflicting beatings on close relatives and people running a joint household entails liability under administrative law. The sanctions of this article are the imposition of a fine in the amount of 5 to 30 thousand rubles, or administrative arrest for a period of 10 to 15 days, or compulsory work for a period of 60 to 120 hours.

The need to amend Article 116 of the Criminal Code was insisted on by Senator Yelena Mizulina, who stated that punishments for beatings in and outside the family are disproportionate.

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For a slap in the family, you can get up to two years and the stigma of a criminal for life, for beatings on the street - a fine of up to 40 thousand rubles, the senator said.

Andrey Isaev, the first deputy head of the United Russia faction in the State Duma, said that the lower house of parliament is correcting "the injustice that exists today." He recalled that primary beatings for the bulk of people have been decriminalized. But at the same time, beatings remain criminal if they were inflicted by one of the family members.

If, let's say, a single mother, after coming home after her second job and finding drugs in her child's bedside table, in the heat of the moment gives him a slap, today she is guilty under the Criminal Code. And if someone else's uncle gives her son a black eye on the street, then he is not a criminal at all, this is the maximum - administrative responsibility. Different punishments are provided for the same act. This does not comply with the Constitution, - said Isaev.

Run, citizens, run

Photo from the editorial archive

Lawyer Yulia Koroleva is a person who knows firsthand what domestic violence is. For a long time, she suffered bullying from her ex-husband, so she is extremely negative about the decision of the Government to decriminalize beatings.

2016 - 171 criminal cases were initiated under Article 116 of the Criminal Code of the Russian Federation. After the July decriminalization of crimes committed against relatives, 97 criminal cases (out of 171) were initiated.

In 2016, the duty unit of the Russian Ministry of Internal Affairs for the city of Pervouralsk received more than 3,500 applications and messages from citizens on the facts of beatings, that is, on average, 10 such messages per day come from citizens

under Art. 6.1.1 of the Code of Administrative Offenses of the Russian Federation, from July 2016 to the present, 103 administrative proceedings have been initiated on the facts of beatings.

The article on liability for domestic violence did not work even when it was in the Criminal Code.

Here the woman came, wrote a statement to the police, took off the beatings. What happens next? But nothing. Nobody wants to understand. Employees of the internal affairs bodies are not up to it, - says Yulia. - While beatings in the family were a criminal article, for some of the domestic tyrants it was a deterrent. They will imprison - they will not imprison for beating a wife or mother, it is not yet known, but the very fact that they can - restrained. And now it turns out that you can beat, kick. Now beating is like crossing a red light. They threaten with a finger, and that's it.

And one more thing: how the information is presented. After all, the emphasis on the fact that beatings are considered an administrative offense only for the first time is not done. How do they write? That's it, now beatings are not a criminal offense, this is now administrative. Like, beat, citizens, beat.

And all this against the background of the fact that many women simply do not go to the police. Domostroy sits in us, fear: what about children without a father, but how about without a husband’s salary? Whether they judge or not is another question. And how will he behave then, suddenly even worse? And if they are convicted, he will come out - in general he will kill. And all these fears why? Because there is no psychological help service. The woman does not know where to go, who can help her. If the police had such services that would analyze each appeal, delve into the details, treat a person without formalism, the issue, perhaps, would be gradually resolved, otherwise ...

The result of the decriminalization of domestic beatings may be an increase in the number of murders on domestic grounds, because the victims also have not unlimited patience.

Think next time

The Department of Internal Affairs of Pervouralsk is not so categorical. Acting Head of the Investigation Department, Police Major Olga Kruglikova explains that the law came into force only for a single case of assault.

Photo by Anna Nevolina

Repeated beating of close relatives or persons who run a common household will be qualified already under article 116 note 1, and this entails criminal liability, says Olga Aleksandrovna. - The law on the decriminalization of beatings was adopted not in order to somehow mitigate the punishment for domestic tyrants, but in order to give a person a chance to change his mind: if he raised his hand to his wife or child for the first time and suffered even an administrative punishment for it, next time he will think about whether to repeat it, because further - criminal punishment. So the new law is not impunity. Bringing to administrative responsibility is also a punishment.

- Beating is the infliction of physical pain, - says Olga Kruglikova. - Even if there are no bodily injuries, but the person experienced physical pain, then this can already be qualified as a beating.

According to Olga Kruglikova, the systematic beating of family members does not fall under Article 116, so a possible increase in criminal cases should not be attributed to “easing” the law.

If a husband regularly beats his wife, and the wife nevertheless decided to write a statement against him, then the husband will be punished under article 117 - “Torture”, and no one has decriminalized this article.

As Olga Kruglikova says, fewer applications will not be received by the DMIA - people will continue to do so as they wrote applications.

Olga Alexandrovna believes that there is still rationality in the adoption of the new law.

If the father hit the child for the purpose of education, then earlier he was liable under article 116, says the police major. - The father becomes judged, which is reflected not only in his fate, but also in the fate of his children. But if a child on the street was hit by an outsider, then the violator was threatened only with administrative responsibility.

Turned around and left

Lawyer Elena Goncharova told Gorodskiye Vesti that the decriminalization of Article 116 pleased all lawyers.

Photo from personal Facebook page

In 2016, changes were made to this article, which exempted strangers from liability, between whom a conflict arose that turned into assault, but did not exempt citizens who raised their hand against close relatives from liability, - says Elena Ivanovna. - If a father or mother hit a child, then it was quite realistic to receive a criminal punishment for this. By the law of February 7, President Vladimir Putin eliminated this inequality. Now, if a single “collision” occurs between close people, this is only administrative responsibility.

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According to Elena Goncharova, the decriminalization of Article 116 made lawyers very happy.

Sometimes situations reached the point of absurdity. Let me give you an example: if the mother and father of a child live separately, and one of them notices signs of beatings on the child, then the parent could not only write a statement to the police, but also involve the guardianship authorities. Now we will have a “clean” population in this regard, because the criminal component has been eliminated. And it will be much easier for us, lawyers, to communicate with clients: if there has already been a case of bringing to administrative responsibility for beatings, then no one will assault again, because the second time is already a criminal act. If you want to hit again - think, turn around and leave.

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domestic violence

As such, there is no concept of domestic violence in the Criminal Code of Russia: the law does not separate crimes committed against family members and strangers. Although liability for beatings, causing grievous bodily harm and mental suffering to family members is punished much more severely. Domestic violence is qualified by article 111 of the Criminal Code of the Russian Federation (causing grievous bodily harm), Art. 112 (causing harm to health of moderate severity) and Art. from 115th to 119th.

The consequence of the distribution of this crime under several articles of the Criminal Code of the Russian Federation is the inability of the victim to correctly formulate a statement. In addition, if a child has become a victim of a crime, a statement may not appear at the police station.

A properly executed and timely application is a guarantee that domestic violence will stop. Therefore, it is very important to first consult with a good lawyer: the severity of the punishment, and, as a result, the safety of family members, will depend on the accuracy of the wording and testimony as such. You can consult on issues of interest on the Pravoved.ru portal: by phone and on-line.

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Where and what to apply for domestic violence

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Domestic violence, where to look for protection and help?

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family violence

Hello, my problem is domestic violence. There are constant acts of violence. I study in another city and cannot help my mother, my sister (a drug addict) stayed at home, does not give life, does not want to work, does not let her mother go home. Father.

Russian law provides for a number of sanctions for the use of various forms of violence (physical, sexual or psychological). However, in order for the relevant legal norms to be applied to the offender, it is necessary to have documents or other evidence confirming the use of violence. Such documents (evidence) can be medical documents, testimonies of neighbors, other persons, letters, etc.

THE CRIMINAL CODE OF THE RF DEFINES THE FOLLOWING TYPES OF PHYSICAL AND PSYCHOLOGICAL VIOLENCE.

beating(delivering many blows; some types of blows may not leave marks).

Article 116 of the Criminal Code of the Russian Federation. Beatings.

Beating or committing other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, is punishable by a fine in the amount of up to 100 times the minimum wage, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one month, or by compulsory works for a term of one hundred twenty to one hundred and eighty hours, or by corrective labor for a term of up to six months, or by arrest for a term of up to three months.

Intentional bodily injury(harm can be severe, medium, light).

Article 111 of the Criminal Code of the Russian Federation. Intentional infliction of grievous bodily harm.

1. Intentional infliction of grievous bodily harm, dangerous to human life, or resulting in loss of vision, speech, hearing, or any organ or loss of organ functions, abortion, mental disorder, drug addiction or toxic addiction, or expressed in indelible disfigurement of a person, or causing a significant permanent loss of general ability to work by at least one third, or a complete loss of professional ability to work, knowingly for the perpetrator, is punishable by imprisonment for a term of two to eight years.

2. The same acts committed:

a) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;

b) with special cruelty, mockery or torment for the victim, as well as in relation to a person who is obviously in a helpless state for the perpetrator;

c) in a generally dangerous way;

e) out of hooligan motives;

g) for the purpose of using the organs or tissues of the victim, –

shall be punishable by imprisonment for a term of three to ten years.

3. The acts provided for by paragraphs one or two of this article, if they have been committed:

a) by a group of persons, a group of persons by prior agreement or an organized group;

b) in relation to two or more persons;

c) repeatedly or by a person who has previously committed murder, as provided for in Article 105 of this Code, - shall be punishable by imprisonment for a term of five to twelve years.

4. The acts provided for by the first, second or third parts of this Article, which negligently caused the death of the victim, are punishable by deprivation of liberty for a term of five to fifteen years.

Art. 112 of the Criminal Code of the Russian Federation. Intentional infliction of moderate bodily harm.

1. Intentional infliction of harm to health of medium gravity, not dangerous to human life and entailing the consequences specified in Article 111 of this Code, but causing a long-term health disorder or a significant permanent loss of general ability to work by less than one third, -

shall be punishable by arrest for a term of three to six months, or imprisonment for a term of up to three years.

2. The same act, but committed:

b) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;

c) with special cruelty, mockery or torment for the victim, as well as in relation to a person who is obviously in a helpless state for the guilty person;

d) a group of persons, a group of persons by prior agreement or an organized group;

e) out of hooligan motives;

f) motivated by national, racial, religious hatred or enmity;

g) repeatedly or by a person who has previously committed intentional infliction of grievous bodily harm or murder, as provided for in Article 105 of this Code, -

shall be punishable by deprivation of liberty for a term of up to five years.

Art. 115 of the Criminal Code of the Russian Federation. Intentional infliction of minor bodily harm.

Intentional infliction of minor bodily harm, which caused a short-term disorder of the health or an insignificant permanent loss of general ability to work –

shall be punishable by a fine in the amount up to 100 times the minimum wage, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one month, or by compulsory works for a term of 180 to 240 hours, or by corrective labor for a term of up to one year, or arrest for a term of two to four months.

torture(physical and psychological suffering, which may be the result of systematic beatings (torture, threats, insults).

Art. 117 of the Criminal Code of the Russian Federation. Torture.

1. Causing physical or mental suffering by systematic infliction of beatings or other violent actions, if this did not entail the consequences specified in Articles 111 and 112 of this Code, -

shall be punishable by deprivation of liberty for a term of up to three years.

2. The same act committed:

a) in relation to two or more persons;

b) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;

c) against a woman who is known to the perpetrator to be in a state of pregnancy;

d) in respect of a known minor or a person known to the guilty person to be in a helpless state or in material or other dependence on the guilty person, as well as a person abducted or taken as a hostage;

e) with the use of torture;

f) a group of persons, a group of persons by prior agreement or an organized group;

h) on the basis of national, racial, religious hatred or enmity, –

shall be punishable by imprisonment for a term of three to seven years.

Threats to kill or cause grievous bodily harm may be expressed orally, in writing, by telephone or otherwise; the threat can be expressed directly to the victim, his relatives; transmitted through neighbors or acquaintances).

Art. 119 of the Criminal Code of the Russian Federation. Threats to kill or cause grievous bodily harm.

Threat of murder or infliction of grievous bodily harm, if there were grounds to fear for the implementation of this threat –

shall be punishable by restraint of liberty for a term of up to two years, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to two years.

Slander(dissemination of deliberately false, dishonoring another person's fabrications about specific facts concerning the victim.

Art. 129 of the Criminal Code of the Russian Federation. Slander.

1. Slander, that is, dissemination of deliberately false information that discredits the honor and dignity of another person or undermines his reputation, –

shall be punishable by a fine in the amount of fifty to one hundred times the minimum wage, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one month, or by compulsory works for a term of one hundred and twenty to one hundred and eighty hours, or by corrective labor for a term of up to one year.

2. Libel contained in a public speech, publicly demonstrated work or in mass media, –

shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 2 months, or by compulsory works for a term of 180 to 240 hours, or by corrective labor for a term of one year. up to two years, or arrest for a term of three to six months.

3. Libel combined with accusation of a person of committing a grave or especially grave crime, –

shall be punishable by restraint of liberty for a term of up to three years, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to three years.

Insults(expressed in an indecent form, a negative assessment of the personality of the victim, which has a generalized character and humiliation of his honor and dignity).

Art. 130 of the Criminal Code of the Russian Federation. Insult.

1. Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form, -

shall be punishable by a fine in the amount up to 100 times the minimum wage, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one month, or by compulsory works for a term of up to 120 hours, or by corrective labor for a term of up to six months.

2. An insult contained in a public speech, publicly demonstrated work or mass media, –

shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to two months, or by compulsory works for a term of up to 180 hours, or by corrective labor for a term of up to one year.

Article 40 of the Criminal Code of the Russian Federation. Physical or mental coercion

Mental violence as a type of criminal violence

Podnebesny Alexey Nikolaevich

Nizhny Novgorod State University N.I. Lobachevsky

Mental violence is an impact on another person, characterized by the following specific features:

carried out by the subject on the victim with the help of various forms, for example, such as psychological and other influence;

impact on the psyche (will, conscious-volitional regulation of behavior) of a person (this feature determines the name of the type of violence in question - “mental violence”, that is, a forced impact on the human psyche);

restriction of the free will of the victim, which is both the goal and the result of the impact.

Mental violence, in addition to the indicated signs, corresponds, as a specific concept, to the signs of criminal violence as a generic concept.

Insult (Art. 130 of the Criminal Code of the Russian Federation), including insult by action, slander (Art. 129 of the Criminal Code of the Russian Federation), should be classified as mental violence, since they have an adverse psychological effect on the victim, and can also be used as a means of forcing the victim to commit actions required by the guilty, that is, as a means of subordinating the will of the victim to the will of the guilty.

Repeated insults and dissemination of slanderous rumors, harassment of the victim using material or other dependence can be qualified as mental abuse, expressed in the form of systematic humiliation of honor and dignity, provided for in Art. 110 of the Criminal Code of the Russian Federation as a method of inciting suicide.

The dispositions of the articles of the Criminal Code of the Russian Federation, which provide for criminal liability for mental violence as an independent crime, from the point of view of legal technique, are built according to the type of formal corpus delicti. In the case of a threat of murder, mental violence acts as a criminal act, which is the objective side of the corpus delicti under Art. 119 of the Criminal Code of the Russian Federation.

In other cases, mental violence is an element of the objective side of the corpus delicti, along with another act that encroaches on the main object of the crime. Mental violence is presented here in the form of a threat of physical violence (clause "d" part 2 of article 161 of the Criminal Code of the Russian Federation, part 1 of article 162 of the Criminal Code of the Russian Federation). In this case, the mental impact complements the physical one, with the help of which an encroachment on the main object of the crime is carried out.

Mental abuse has a sign directed at the will of the victim with the unlawful purpose of changing the behavior of the victim and, as a result, harming his rights and legitimate interests, which generally applies to criminal violence as a generic concept, and to physical violence. In the case of psychic violence, free will may be limited, but not completely eliminated. The significance of these circumstances is reflected, in particular, in the criminal law regulation of cases of physical or mental coercion (Article 40 of the Criminal Code of the Russian Federation) and extreme necessity (Article 39 of the Criminal Code of the Russian Federation).

As a way of committing a crime, mental violence is equivalent in its meaning to physical violence. The legislator provides for them in most articles of the Criminal Code as alternative signs of composition.

One of the forms of mental violence should be considered deceit, used as a way of coercion to testify (Article 302 of the Criminal Code of the Russian Federation). In the absence of an unequivocal prohibition in the law on the use of deceit as part of tactics, the “double standard” that has developed in practice of the ethical permissibility of deceit does not prevent law enforcement officers from using deception, as well as other forms of mental violence.

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Article 40 of the Criminal Code of the Russian Federation. Physical or mental coercion.

Article 40 of the Criminal Code of the Russian Federation. Physical or mental coercion. - Section Jurisprudence, Criminal Law Criminal Law By its nature, it distinguishes two types of violence: 1. Physical.

Criminal law by its nature distinguishes two types of violence:

2. Mental or threat of physical violence

Each of these types of violence is divided by intensity into:

1. Violence dangerous to life or health

2. Violence not dangerous to life or health

Physical violence is a socially dangerous illegal influence on the body of another person against his will. Physical abuse is just an action.

Physical abuse is of two types:

1. Impact on the human body (physical contact with the body).

2. Introduction into the body of substances with specific properties (narcotic, psychotropic, potent, poisonous).

Physical violence is recognized as an independent crime (a crime against life, health), and can also act as a way to commit another crime. Violence includes restriction of freedom, but only one that is associated with a direct impact on the body of the victim (binding, locking in a room if the victim was pushed there (!).

According to the intensity they distinguish:

1. Physical violence dangerous to life or health. It includes:

a. Infliction of light bodily harm, moderate or grievous bodily harm to the victim.

b. Other violence that did not cause the specified harm, but at the time of its application created a real threat to life or health (dropping from a height, from a moving or under a moving vehicle).

2. Physical abuse that is not dangerous to life or health. The victim is beaten (Article 116), actions that caused physical pain without a health disorder (arm twisting, squeezing body parts, biting, pinching, etc.). Such violence includes restriction of freedom (binding, locking) in conditions that are not life-threatening.

Mental violence, threat of violence.

Common signs of a threat:

1. The fact of intimidation of the victim only by causing physical violence

5. Arise from the context of the crime

If the threat of violence is of an indefinite nature (“it will be worse”, “it will be bad”), then its intensity is determined taking into account all the circumstances of the case, i.e. the place and time of the crime, the number of criminals, the characteristics of the object that was threatened and the victim's subjective perception of the nature of the threat.

The science of criminal law distinguishes between irresistible physical coercion and surmountable.

With irresistible physical coercion, a person is completely deprived of the opportunity to act at his own discretion. The act provided for by the Criminal Code of the Russian Federation, due to irresistible physical coercion, does not contain corpus delicti (part 1 of article 40). Part 2 of Article 40 provides for two types of coercion: physical coercion, as a result of which a person retained the ability to control his actions; mental coercion (threat). Both types of coercion are surmountable, because the person retains the opportunity to choose a variant of behavior.

Questions about the responsibility of a person for an act committed as a result of surmountable physical and mental coercion are decided according to the rules of extreme necessity (Article 39), i.e. the crime committed must be less significant in comparison with the physical or mental coercion applied to the person.

In cases where, as a result of physical or mental coercion, an equivalent or more dangerous act was committed, then the actions of the person who committed the crimes under the influence of coercion are qualified as an intentional crime on a general basis, but in the presence of mitigating circumstances, paragraph "f" part 1 article 61. For the one who applied this coercion, this is recognized as an aggravating circumstance of paragraph “k” of Part 1 of Article 63.

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Literature. Textbook edited by Kozachenko and I General part. Textbook edited by Rarog General part Textbook edited by Nikulin General part.

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1. The concept of the criminal law and its features 2. The structure of the criminal law 3. The interpretation of the criminal law 4. The operation of the criminal law in time

The current criminal law consists of the Criminal Code of the Russian Federation. It is divided into two parts: general and special. The general part contains those provisions that are relevant for any corpus delicti.

The interpretation of the criminal law is understood as the definition of its content, the identification of its meaning, the clarification and explanation of the terms used by the legislator. Types of interpretation: 1. By

The basic rules for the operation of the law in space are usually called principles: 1. Territorial (Article 11 of the Criminal Code of the Russian Federation) 2. Citizenship (Article 12 of the Criminal Code of the Russian Federation)

1. Insignificance of the act 2. Classification of crimes A crime is a culpably committed socially dangerous act, prohibited by the Criminal Code under the threat of punishment.

1. The concept, elements and signs of composition 2. Types of elements of crimes Art. 8 of the Criminal Code of the Russian Federation establishes that the only basis for criminal liability is the co-

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The subject of a crime is a material thing in connection with or about which a crime is committed. By influencing the subject of the crime, the offender harms public relations. In that

Any human activity can conditionally be divided into two components: 1. Intellectual-volitional. It consists in making a certain decision, in understanding the ways and means to achieve

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1. The place of the crime (determined in the criminal law itself) - the territory (Article 253), the customs border (Article 188), housing, storage (Article 158), burial places (Article 244).

1. The subject of the crime and its signs 2. Types of subjects (special subject) The subject of the crime is a person who has committed a socially dangerous act and is able to

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1. Frivolity Content: Intellectual moment: A) the person is aware of the dangerous nature of his actions or the danger of his behavior B) the person foresees an abstract

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The system of punishments is an exhaustive list of punishments that are mandatory for the court, established by the legislator. The types of punishments are arranged in Article 44 of the Criminal Code of the Russian Federation from less severe to more severe. All types of

Compulsory work (Article 49) Terms: for adults from 60 to 480 hours; for minors from 40 to 160 hours. Mandatory work consists of

Restriction of freedom (art. 53) Terms: 1. As the main punishment for crimes of small and medium gravity, from two months to four years;

1. General principles of sentencing (Art. 60) 2. Circumstances mitigating and aggravating liability (Art. 61,63) 3. Infliction of a milder punishment than provided by law

The principle of legality (art. 3) and the principle of guilt (art. 5): punishment is applied only to persons found guilty of a crime; only such punishment can be applied to

Image copyright Getty Images Image caption According to the Ministry of Internal Affairs, every year in Russia 600,000 women are subjected to partner violence.

The State Duma adopted in the first reading a bill on the decriminalization of beatings in the family. The document was supported by 368 deputies from United Russia, Just Russia and the Liberal Democratic Party, one person voted against and one abstained. The CPRF faction did not vote.

The bill proposes to remove from Article 116 of the Criminal Code - "beatings" - the words "in relation to close persons" and thus remove from criminal liability beating relatives.

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According to the current legislation, beatings committed for the first time outside the family are an administrative offense, and within the family - a criminal one.

The document is likely to be adopted in an expedited manner: the term for submitting amendments to the second reading is limited to three days, while usually at least a month is allotted for this.

They changed their mind

The situation around criminal liability for family beatings has had several turns in the last six months - the government, parliament and the Supreme Court have several times reversed their decisions.

In June last year, the State Duma adopted a law decriminalizing a number of articles of the Criminal Code introduced by the Supreme Court. Those amendments introduced administrative punishment for beating for the first time. However, beatings against close relatives were criminalized. In the summer of 2016, the President signed this law.

Senator Yelena Mizulina immediately opposed the changes, saying they were "anti-family." She submitted a bill to the State Duma that proposed to exclude criminal liability for beatings in the family without causing harm to health and consider them an administrative offense.

However, in October, the government commission on legislative activities did not support Mizulina's proposal. In its response, the government indicated that criminal liability for beatings in the family was introduced in order to "timely identify and counter the facts of domestic violence, the unlawful behavior of parents and other persons prone to commit violent acts against loved ones." The commission also noted that in the explanatory note to the bill, Mizulina did not provide statistics that would confirm the need for the proposed amendments.

But a month later, the position of the authorities changed again.

A group of United Russia deputies and senators, headed by Deputy Head of the United Russia General Council Olga Batalina, submitted to the State Duma a bill similar to Mizulina's proposal, and the senator herself also signed it. The leadership of the "United Russia" then stated that the authorities again changed their position because of the resonance that had arisen around the problem.

"The law was adopted at the end of the session, we did not work enough with the society then ... But after the subsequent discussion in the society that we encountered in the elections, we felt that if the majority of the population does not support, then there is something to think about," - then the head of the faction Vladimir Vasiliev said.

In its response to the new bill, the government urged to finalize it, but generally supported it. “Saving the sanctions of Article 116 of the Criminal Code of the Russian Federation in its previous form will lead to consequences when a less serious act (beating) will be punished more severely than for a more serious one (intentional infliction of minor bodily harm), which contradicts the principle established in Article 6 of the Criminal Code of the Russian Federation justice," the government said in a statement.

And after that, the Supreme Court, on whose initiative criminal liability for beatings in the family was introduced in the summer, changed its mind and supported the bill. Moreover, the court's response to the new bill says that the plenum of the Supreme Court made a similar proposal, but it did not find support during the discussion of the summer law.

Mizulina and the public are indignant

The discussion of the document in Parliament was stormy. Senator Elena Mizulina ("Fair Russia") acted as a speaker on the bill at the plenary session of parliament on Wednesday. According to her, the "spanking law" adopted in the summer violated several fundamental legal principles: fairness and proportionality of punishment, equality of citizens before the law and the court, and so on.

“The law forbade reconciliation in the family and forgiveness. But the ability to forgive is part of the national tradition, in particular, the Orthodox tradition. And in this sense, the “spanking law” has become an act of hatred towards the family,” Mizulina was indignant from the podium.

She stressed that attempts to reduce the discussion of this bill only to the question of who is in favor of domestic violence and who is against, cause her regret.

No matter how menacing the word "beating" may sound, it is in fact violence without harm to health and even violence without violence ... It is in this danger, with what ease that a criminal case can be initiated under Article 116, when neither medical certificates nor expertise, and there is a danger of this article" Elena Mizulina, senator

"I affirm: there are no Russians who would be for domestic violence, because in the Russian traditional family culture, parent-child relations are built on the authority of parental authority and on the personal indispensability of children and parents," Mizulina said.

She gave an example. “Moscow, a 17-year-old girl, steals from her parents money that is set aside to cover interest on a mortgage loan and skips them. She returns home in the evening. What are the parents doing? Of course, swearing, and the mother slaps the girl in the face. "She runs to the police, a criminal case is initiated. The policeman comes to the house, everyone has already figured it out, reconciled, some of the money has been found, but it is impossible to stop the case. In addition, parents are threatened that they will take away their youngest child - a son of five years old. And such families only now - 150 facts have been collected by the parent community," Mizulina was indignant.

According to her, in the current criminal code there are more than 60 compositions that provide for liability for violence, including in the family, and the wording "close persons" introduced in the summer is too vague.

The current law promotes the "cane" system in the police, Mizulina continued. “No matter how menacing the word “beating” may sound, it is in fact violence without harm to health and even violence without violence. For prosecution under Article 116, only the statement of the victim is sufficient, that is, for example, the statement of a child or a neighbor, or even an anonymous message. in this danger, with what ease can a criminal case be initiated under article 116, when neither medical certificates nor expertise are needed, and there is a danger of this article," Mizulina believes.

MP from the Communist Party Oleg Smolin asked the senator how it happened that six months ago the majority of deputies voted for the bill, and today they are invited to adopt a completely opposite document. Mizulina replied that the document was adopted at the end of the session in the summer, in a hurry and "all [the deputies] were guided by each other."

Co-rapporteur on the bill, MP Olga Batalina, stressed that the document proposes to introduce the same responsibility for beatings for everyone and that it does not make beatings a socially approved action.

"Criminal responsibility has not made anyone more tolerant, kinder, and has not restored the destroyed relations between people," said Batalina. She added that an administrative fine is also a fairly severe punishment for beatings.

Communist Sergei Reshulsky was indignant at the fact that the deadline for submitting amendments to the second reading was only three days and asked to explain why there was such a rush. Batalina replied that the situation around family beatings is very acute and the parental community is indignant. Her colleague, deputy Olga Okuneva, co-author of the document, said that more than 200 thousand signatures of parents outraged by the summer bill were handed over to her.

"There is either a husband, or a groom, or no one"

Every year in Russia, 600,000 women are subjected to violence by a partner, according to statistics from the Ministry of Internal Affairs, United Russia deputy Oksana Pushkina from the Committee on Women and Children. She called for a discussion and revision at round tables with experts before the second reading of the bill. "As our president said, our national traditions - slapping or pulling hair - need to be changed," Pushkina argued.

After Pushkin's speech, her colleagues reproached her for using the word "partners". Vice Speaker Pyotr Tolstoy said the word was inappropriate. Deputy Vitaly Milonov joined him.

"We have husbands, suitors, as well as all sorts of incomprehensible forms - lovers, cohabitants. These are not partners, we have no such concept in Russian legislation. There is either a husband, or a groom, or no one," Milonov said.

The Communist Party of the Russian Federation did not support the "pseudo-liberal" introduction of criminal liability for beatings in the family in the summer, said Yuri Sinelshchikov, first deputy chairman of the committee on legislation, speaking on behalf of the entire faction. But if the new bill is adopted, according to him, there will be a bias: “the father who, in a drunken stupor, grabbed the leg of a seven-month-old child that disturbed his sleep, threw him to the other end of the room, and the child escaped with bruises,” will avoid criminal liability.

Intervention in a family is unacceptable, and whoever interferes must weigh everything ten times, because this is a family" Vyacheslav Volodin, Speaker of the State Duma

Mizulina replied to the communist that beating babies is no longer an art. 116, but a much more serious crime, and also reminded him of 1917.

"To the Communists, I would like to say: a hundred years ago you already dealt a giant blow to the traditional family - the decree of December 18, 1917, which allowed marriage, allowed free divorces!" - the senator was indignant.

The exclusion of the words "close persons" from the text of the criminal article will not change the law enforcement practice in any way, said Sergey Ivanov, an LDPR deputy. According to him, there will still be a tyrant judge who will make unfair decisions, therefore, to change the situation, it is necessary to introduce the election of judges.

A Just Russia representative, Oleg Nilov, said that the faction would support the bill, but conceptually, and suggested that it be specified. According to him, it is necessary to separate the concepts of raising children and relationships between partners.

Vyacheslav Volodin, speaker of the State Duma, could not resist commenting.

"Interference in a family is unacceptable, and whoever interferes must weigh everything ten times, because this is a family," he said.

In the calendar for the consideration of issues of the State Duma until the end of January, the bill only indicates the date of consideration in the first reading, January 11. The date of the second reading has not yet been set.

At its core, domestic violence is most often a criminal offense, i. a crime.

What articles cover the abuser's actions in case of domestic violence?

Art. 111 of the Criminal Code of the Russian Federation: Intentional infliction of grievous bodily harm, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of its functions by an organ, interrupt pregnancy, mental disorder, drug addiction or substance abuse, or a person expressed in indelible disfigurement, or caused a significant permanent loss of general ability to work by at least one third, or, knowingly for the perpetrator, a complete loss of professional ability to work, - shall be punishable by deprivation of liberty for a term of up to eight years.

Art. 112 of the Criminal Code of the Russian Federation: Intentional infliction of harm to health of medium gravity, not dangerous to human life and not entailing the consequences specified in Article 111, but causing a long-term health disorder or a significant permanent loss of general ability to work by less than one third, is punishable by restraint of liberty for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.

Art. 115 of the Criminal Code of the Russian Federation: Intentional infliction of minor bodily harm that caused a short-term health disorder or a slight permanent loss of general ability to work, - or correctional labor for up to one year, or arrest for up to four months.

Art. 116 of the Criminal Code of the Russian Federation: Beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 - shall be punishable by a fine in the amount of up to 40 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three months, or by compulsory works for a term up to three hundred and sixty hours, or by corrective labor for a term of up to six months, or by arrest for a term of up to three months.

Art. 117 of the Criminal Code of the Russian Federation: Causing physical or mental suffering by systematic beatings or other violent actions, if this did not entail the consequences specified in Articles 111 and 112, - shall be punishable by restraint of liberty for a term of up to three years, or by forced labor for a term of up to three years, or by imprisonment for the same term. Systematic violence refers to the commission of unlawful acts. at least three times.

Art. 119 of the Criminal Code of the Russian Federation: Threat of murder or infliction of grievous bodily harm, if there were grounds to fear the implementation of this threat, - six months or imprisonment for up to two years.

Criminal cases on crimes under Art. 115,116 are initiated by the justice of the peace only on the application of the victim, and may be terminated in connection with the reconciliation of the victim with the accused.

Criminal cases on crimes under Art. 111,112, 117, 119 are initiated regardless of the will of the victim and cannot be terminated in connection with the reconciliation of the victim and the accused.

Where and how to apply

If your life or health is in danger from your partner or other family members, you should immediately seek help and report a crime by dialing "02" (from a mobile phone - http://www.allsafety.ru/first_aid/emergency_call .htm). If you need to report a crime that has already been committed, contact the appropriate Police Department (PD) at the location of the crime.

An allegation of a crime can be made as in oral, as well as in written form.

An oral statement is recorded in the protocol, which is signed by the applicant and the official who compiled it. Sign it only after correcting all inaccuracies.

The written application to the OP must contain the following information:

• description of the event of the crime, place, time, as well as the circumstances of its commission;
• data on the person brought to criminal responsibility (which are known);
• information about the consequences;
• information about the witnesses of the crime (even a minor child can be a witness, as well as those persons who became aware of the circumstances of the beatings from your words);
• a request “to initiate a criminal case and bring the perpetrator to criminal responsibility”;
• reference number, if you recorded bodily injuries in a trauma center before contacting the police;
• date and signature of the person submitting it.

The application must be made in 2 copies, keep the second copy.

When applying, please ask coupon-notification, which should indicate the following: from whom and when the application was received and under what number it is registered, who accepted the application, the date and time the application was accepted.

A copy of the application and voucher notification is required store in a place inaccessible to the offender.

At the same time, the applicant is explained the responsibility for knowingly false denunciation, which is noted in the protocol, and if the application is made in writing - in the application. During the investigation, you will also be warned about liability for giving false evidence and refusing to testify.

From the moment the application is accepted, a check on the application begins, during which you, the suspect, eyewitnesses of the incident and other persons should be interviewed about the incident.

If you were beaten (art. 116) or otherwise bodily harm caused minor damage to your health (art. 115), you can file a complaint directly to court at the place of the crime, then the proceedings will take place in court, bypassing the stages of verification and preliminary investigation.

The application to the court must contain:

• The name of the court to which it is filed;
• Description of the event of the crime, place, time, as well as the circumstances of its commission;
• A request addressed to the court to accept the criminal case for proceedings;
• Information about the victim, as well as documents proving his identity;
• Data on the person brought to criminal responsibility;
• List of witnesses to be summoned to court;
• The date of writing and the signature of the person submitting it.

The application is submitted with copies according to the number of persons against whom a private prosecution case is initiated.

Note. After the preliminary investigation, the accused gets acquainted with the materials of the case. If for security reasons you are afraid to give your address or other information, ask the investigator not to provide such data in the protocol of the investigative action. In this case, the investigator, with the consent of the prosecutor, issues a decision, which sets out the reasons for the decision to keep this data secret, indicates the pseudonym of the participant in the investigative action (interrogation) and provides a sample of his signature, which he will use in the protocols of investigative actions carried out with his participation. . The decision is placed in an envelope, which is then sealed and attached to the criminal case.

Health care

If you have bodily injuries, they must be fix. You can go to a trauma center on your own without a referral from law enforcement. In this case, explain to the doctor examining you what caused your injuries, make sure that the doctor describes the location, color and size of all injuries in the medical record. In the trauma center, you must obtain a certificate, which should contain the following information: Full name. doctor who saw you, date of treatment, medical card number. The certificate must bear the seal of the medical institution. An employee of a trauma center, if you tell him that bodily injuries were caused to you as a result of an offense, obliged to report about this in the OP at the scene of the crime. The received telephone message must be checked.

Traces of damage may appear even after your visit to the doctor. In this case, you can re-apply to the trauma center and fix them.

If there are bodily injuries, the police officer is obliged to give the victim a referral to forensic medical examination. Refusal to conduct an examination or examination may be appealed.

In a forensic medical examination, it is necessary to show the doctor all the injuries that you have, describe your condition, make sure that everything is registered (localization of injuries, size, color is indicated).

An examination may also be carried out after the initiation of a criminal case by the investigator, if necessary, with the participation of a doctor (as a rule, a specialist in the field of forensic medicine) and in the presence of attesting witnesses. In this case, all participants in the examination, except for the doctor, must be of the same sex as the examined.

You can also take pictures of your beatings yourself and ask in writing to attach photographs and negatives to the file. Be sure to keep copies and negatives.

The term for consideration of the application to the OP

The issue of initiating a criminal case should be resolved, as a rule, in three-day(in more complex cases - within ten days) from the moment of notification. The applicant must be notified in writing of the results of the verification. If you do not receive a response, please contact us again with a request for a written response. If you have not received a response to your application or you do not agree with it, you have the right to apply to a higher police authority, to the prosecutor's office with a complaint or to the court.

The check ends with one of the following decisions:

• on the initiation of a criminal case, - in this case, the stage of preliminary investigation begins;
• on the refusal to initiate a criminal case (with mandatory justification) and an explanation of the procedure for appealing against this decision;
• on the transfer of an application or message according to jurisdiction or jurisdiction. For example, the transfer of an application to a justice of the peace to initiate a criminal case under Art. 115, 116.

If you do not agree with the decision, you can appeal it to the prosecutor's office or court.

What actions should the police officers take if a criminal case is initiated?

At the stage of preliminary investigation or inquiry, various investigative actions are carried out, in which you can become a participant: interrogations, confrontations, examinations, examinations, examinations.

During the interrogation and confrontation, protocols are drawn up, which are signed by the interrogated person after reading. After reading the protocol, sign it only if you believe that there are no distortions, omissions or inaccuracies in it. You can also sign the protocol with reservation“I do not agree with everything. There are omissions and inaccuracies” and indicate what exactly is missing and / or stated inaccurately.

The call to the investigator for interrogations is usually carried out by summons, but can be done in other ways, for example, by telephone.

A victim or witness under the age of 16 is summoned to the investigator through his parents or other legal representatives. Interrogation of persons under 14 years of age, and at the discretion of the investigator - up to 18 years of age is carried out with the participation of a teacher.

What petitions (petitions) can be submitted during the investigation?

During the investigation, petitions can be filed, in particular:

• on recognizing you as a victim (ask to take into account moral damage and material damage);
• on conducting a forensic medical examination;
• on the involvement of a lawyer (representative of the victim);
• about the interrogation of witnesses;
• on the reclamation of various documents and other material evidence;
• on the application of security measures, if there is sufficient evidence that the victim or her close relatives or close persons are threatened with murder, violence, destruction or damage to property, or other unlawful acts;
• on choosing a measure of restraint for the suspect;
• on the arrest of property and its transfer for storage;
• on the direction of representation at the place of work.

To establish the harm caused to health, a forensic medical examination is carried out with the provision of all medical documents to the expert institution, which should indicate the course of treatment for the received bodily injuries. As a rule, it is necessary for the victim herself to appear in the expert institution.

What rights appear if I am recognized as a victim?

Having established that harm was caused by unlawful actions, the investigator must take victim judgment about which the victim is notified in writing. The investigator is obliged to explain to the victim the right to file a civil claim for compensation for material damage and non-pecuniary damage, which can be considered simultaneously with the criminal case.

The victim has the right:

• be aware of the charges brought against the accused;
• present evidence;
• have a representative (lawyer);
• to participate, with the permission of the investigator, in investigative actions carried out at her request or at the request of her representative;
• get acquainted with the protocols of investigative actions carried out with her participation, and submit comments on them;
• get acquainted with the decision on the appointment of a forensic examination and the expert's conclusions, if the forensic examination was carried out in relation to the victim;
• at the end of the preliminary investigation, get acquainted with all the materials of the criminal case, write out any information from the criminal case and in any volume, make copies of the case materials, including with the help of technical means;
• participate in court proceedings, speak in court debates;
• get acquainted with the protocol of the court session and submit comments on it;
• file complaints against actions (inaction) and decisions of the inquirer, investigator, prosecutor and court.

At the end of the investigation, if an indictment is presented, the investigator submits the case through the prosecutor to the court. If the investigator issues a decision to terminate the criminal case, you can appeal such a decision to the prosecutor or to the court.

How is the case handled in court?

After receiving the case, the judge makes one of the following decisions:

• on the direction of the criminal case on jurisdiction;
• to schedule a preliminary hearing;
• on the appointment of a court hearing.

After the appointment of the meeting, the judge is obliged to provide the persons participating in the case with the opportunity read case materials and write out the necessary information from it.

The case must be started by consideration in a court session no later than 14 days from the date of the decision to schedule a court session, if the accused is in custody, and within a month in other cases.

In accordance with the Code of Criminal Procedure, the court considers cases in open session.

A closed trial is allowed on the basis of a ruling or a court order in cases where:

• consideration of criminal cases on crimes against sexual inviolability and other crimes may lead to the disclosure of information about the intimate aspects of the life of participants in criminal proceedings;
• this is required by the interests of ensuring the safety of the participants in the trial or their relatives.

From the date of receipt of the case to the court and before the trial, the participants may file various petitions:

• on admission to participation in the case,
• on the choice/change of a measure of restraint,
• on the way forward,
• on familiarization with the materials of the case,
• on the demand for evidence,
• on a civil claim and measures to ensure it.

The denial of a petition is not subject to appeal, but the petition may be renewed at the court session.

After the opening of the court session and the announcement of what case is being heard and in what composition of the court, the participants in the process are explained their rights and obligations, and the witnesses are removed from the courtroom.

The presiding judge asks the participants in the process about what petitions they have (for example, to call new witnesses, experts, specialists, to demand material evidence and documents). If any of the participants in the proceedings fails to appear, the issue of continuing the proceedings or postponing them is decided.

During the judicial investigation, the indictment (if an investigation was conducted) or the statement of the victim (if an inquiry was conducted in a private prosecution case) are read out. Then the defendant, the victim, witnesses are interrogated (separately and in the absence of witnesses not yet interrogated), examinations are carried out, physical evidence is examined, and documents relevant to the case are announced. After all the evidence has been considered, petitions can be made to supplement the case materials. The court must consider them. Then the presiding judge declares the judicial investigation completed.

The judicial debate begins, consisting of speeches by the accuser, the civil plaintiff, the civil defendant, their representatives, the defendant, the defenders, the victim. After the speeches have been delivered by all the participants in the judicial debate, they can make one more time with a remark about what was said in the speeches. Remarks may contain objections to speeches made and / or changes to a previously expressed position on any issue. The right of the last remark belongs to the defendant and his counsel. After the remarks, the defendant is given the last word, and the court retires to pass the verdict.

If the accused, with the consent of the public or private prosecutor and the victim, declares his agreement with the charge brought against him and petitions for a sentence without trial, the judge may issue a guilty verdict and impose penalties without trial (only in criminal cases of crimes, punishment for which does not exceed 5 years of imprisonment).

At the end of the hearing, a conviction or acquittal is issued, against which an appeal or presentation can be filed.

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