Poboy is what? Beatings

The activities of modern man today are carried out in many spheres. At the same time, it is almost completely coordinated by means of law - the main regulator of social relations. This state of affairs makes it possible to substantially diversify the methods and forms of state control over the life activity of a person. But the question is, why control people? Today, the Russian Federation has an established legal regime. Its basis is the provisions of the normative acts of the state and generally accepted social rules. Nevertheless, this regime is often violated by individual 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 social danger. For the commission of crimes a special type of legal responsibility is provided - criminal. One of such acts today is beatings. This crime is characterized by a certain specific composition and the presence of responsibility.

History of legal processing of the act

To date, beatings are a crime punishable by a certain article of the Criminal Code of the Russian Federation. It should be noted that the alleged violation in the process of the formation of the criminal legislation of the RF has been repeatedly processed. For example, up to 2005, according to the provisions of the Criminal Procedure Code of Russia, representatives of the bodies of inquiry and investigation could not accept applications in which the fact of beating was reported. However, today, beatings are a punishable act that is characterized by its own composition and other specific characteristics. It should also be noted that the act mentioned in the article is being prosecuted not only in Russia. In the criminal legislation of Ukraine, Armenia, Azerbaijan and Georgia there are norms that establish responsibility for this socially dangerous act.

Normative tightness

The fact that beating is a crime speaks of the mandatory existence of certain regulatory frameworks for its direct regulation. In accordance with this, it is possible to single out the norm of the branch law, which establishes the responsibility for the commission of the above-mentioned act. Such for today is article 116 of the Criminal Code of the Russian Federation "Poboys". Provisions of this rule fix key statements about the crime and the types of persons who can commit it. In addition, in the sanction of the article alternative types of punishments are fixed , which can be applied to the subjects by the relevant bodies of justice of the Russian Federation. Of course, each crime must be considered only taking into account the peculiarities of its composition. The key moment in this case is the elements of the structure of a socially dangerous act.

Elements of composition

Beatings are characterized by criminal liability. Therefore, an act of this kind will necessarily have its own composition, which is a classical manifestation of the subjective and objective characteristics of any crime. According to the general criminal law theory, the composition of any act that represents a public danger includes the following elements, namely: subject, object, subjective side and objective side. These structural elements make it possible to characterize the crime from different angles, taking into account all the moments that accompany it.

What is the object of the crime?

Any act characterized by a certain level of social danger, encroaches on something. In the scientific environment, there are many disputes about the object of the beating offense . The Criminal Code of the Russian Federation, as we understand it, does not provide any explanation on this issue. However, there are many doctrinal theories concerning the presented problems. According to the most common, beatings infringe upon the social relations that exist in the sphere of physical and physical integrity of every person without exception. 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 "Breakdowns" 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 human dignity and dignity. The encroachment on this object is far from always, therefore it is not mandatory in its essence.

Defects of the Criminal Code of the Russian Federation - the subject of a crime

Any socially dangerous act is carried out by someone. Therefore, in criminal law there is an institution of the subject. He has a large number of features, which are determined by the specificity of each individual crime. For example, Article 116 of the "Poboys" extends its effect to individuals who are 16 years old. That is, in this case we are talking about the standard age group of subjects of criminal responsibility. There are no specific features of the rule of law. Therefore, any individual may fall under the penalty, having realized the crime with his actions.

The subjective side of a socially dangerous act

When studying the specific composition of the crime, 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. There are several forms of its direct manifestation. Thus, beatings - this is a crime, the subjective side of which is different than direct intent. In other words, the person who committed the act wishes to carry out certain actions of an active nature, and also understands their danger and consequences, which may come in the future. Inkrimin = in this case, negligence is simply impossible, since this article implies the purposeful activity of a particular person.

Motives play a big role in the qualification of beatings. According to Article 116 of the Criminal Code of the Russian Federation, beatings can be caused by motives of hooligan, religious, personal and other nature. Hatred of a particular social group also falls under the influence of the subjective side of the crime.

Russia's failures - the objective side

Crimes are committed through action or inaction. It is the first category that characterizes beatings. Article of the Criminal Code of the Russian Federation, indicated above, indicates that the crime is carried out through violent actions that cause pain to the victim. It should also be noted that the objective side of beatings can be realized in two main forms:

• Directly beatings;
• The commission of other acts of a violent nature that inflict physical pain on the victim.

The first aspect is expressed in the active infliction of blows by the subject of a crime with his feet, hands or other objects: sticks, bats, etc. However, 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 by specific objects, cauterizing by fire, tweaking, scratching, etc. A key aspect of beatings is the fact that their implementation does not cause harm to health. This aspect distinguishes a criminal article that fixes responsibility for beatings, from other similar crimes.

Penalty provided

Failure in criminal law is a crime of light weight. Therefore, the legislator has established a large number of alternative punishments that can be applied to the subject of a socially dangerous act. The award of one of the types of legal liability may vary depending on the circumstances of the particular case. Thus, there are the following penalties for beatings, namely:

• Compulsory work;
• Correctional labor;
• Restriction of freedom ;
• Forced labor;
• Arrest and imprisonment.

The identity of the victim

Pogoi can be directed to any person. But in Article 116 there is a note that this crime is also directed against relatives. One can include, of course, close relatives, as well as subjects who lead a common life with a criminal. Thus, the number of victims of Art. 116 is quite extensive. Therefore, the fixed nature of this act, as a crime, allows to prevent the consequences of its commission, and, if necessary, to punish the guilty.

So, we found out the specifics of the offense, which is stipulated 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 use in the practical activities of law enforcement agencies of the state.