In the state Duma received a government review of the bill to abolish criminal liability for battery against close persons. the Bill seeks to “further the decriminalization of acts in the context of recent trends in penal policy by the state, deserves attention,” reads the conclusion of the government (a) signed by Deputy Prime Minister Sergei Prikhodko. But such amendments need to be made in the light of the analysis of law enforcement practice, noted in the White house.
Amendments to article 116 of the criminal code (beating) introduced in November the group of United Russia deputies and senators, headed by Deputy Secretary of General Council of “United Russia” Olga Batalina. Currently beating outside the family, perfect for the first time, qualify as an administrative offence, and in the family as a criminal offence.
In the opinion of the government it is noted that in the conditions of the current sanctions under article 116 of the criminal code (deprivation of liberty for a term up to two years) for assault as a less serious offence provided a more severe punishment than more serious article 115 of the criminal code (intentional infliction of bodily harm, threatened with arrest for the term up to four months). This is contrary to the principle of justice, respect of which criminal legal relations has repeatedly drawn the attention of the constitutional Court, said Prikhodko.
Not putting specific comments to the draft Batalina, the government concludes that the bill needs substantial improvement. Practically, this means that the feedback is positive, said the Committee on legislation. As reported earlier, citing sources in the Duma, the Committee will support the amendments of United Russia. According to sources, the project can be considered in January.
A similar bill Senator Elena Mizulina, introduced in the summer, the government has not previously supported. Mizulina also proposed to exclude the possibility of criminal prosecution for battery against loved ones.
The bill does not take into account that summer adopted a law providing for criminal liability for a beating in the family “is aimed at timely detection and counteraction to domestic violence” was noted in the government review of the project, Senator. “This approach helps to ensure the prevention of not only committing those crimes have a latent character, but also more serious crimes, such as domestic homicide, which was preceded by a long conflict situation in the family,” — said Prikhodko.
The law on decriminalization of beating state Duma adopted in the summer of this year, the document was signed by the President. According to the amendments, if a person is accused of beating for the first time, he appointed an administrative penalty. But if the beating was applied to close relatives, the assailant threatened criminal liability. Amendment to loved ones in the document made the United Russia Deputy Pavel Krasheninnikov. “It is impossible to abolish criminal penalties for assault in the family, as they are committed consciously and, therefore, are socially more dangerous street,” explained the amendment of United Russia.
However, against such edition of the law made by Mizulina, indicating that the novel contains “a number of controversial, anti-family provisions.” As a result, in early November, the leadership of the faction “United Russia” decided due to the large outcry to change the law adopted in the summer and to decriminalize the battery.