In November last year a group of United Russia deputies and senators, headed by Olga Batalina has amended the criminal code by deleting the “close persons” from the list, for a fight which will Shine criminal article. After the adoption of the law on the 116th article of the criminal code (“beating”) will be punished only for minor beating on motives of political, racial, religious or social hatred. Monday, January 9, the Presidium of the faction “United Russia” recommended the adoption of the initiative of colleagues on the decriminalization of a beating in the first reading at the next meeting on Wednesday, January 11, on the opening day of the spring session. This was reported by two people in the faction United Russia.
Under current law, assault committed outside the family and not resulting in serious bodily injury, shall be punished as an administrative offence. Beating the “close persons” shall be punished immediately according to the Criminal code (article 116 of the criminal code) — punishable by up to two years of imprisonment.
In accordance with the amendments, only the first case of a family quarrel by force will be punished as an administrative offence, said the first Deputy head of the faction of United Russia Andrei Isayev. If the same person had already been engaged for such administrative offence will do it again — the punishment he is already facing under the criminal code, he added.
We are talking only about cases where the beatings have not caused anyone harm, said the author of the law, Olga batalina. “It can be bruising, grazes, scratches. The bruise it will take place. But if the person was hospitalized or injured, which further affected his health, such a beating already punished under article 115 of the Criminal code [“infliction of willful light damage to health”]”, she explained.
According to Batalina, the proposed amendment “should not be reduced only to the family beatings”. “We are only driven according to the norm, when for the same offense — assault — provided the same punishment,” she says. Deputy recalls: “it was always, before making changes this summer.”
Resonant law on decriminalization of the beatings was passed by the Parliament this summer on the initiative of the Supreme court and 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 then 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 than the street”, — he explained the amendment.
However, against this version of the law was made by Senator Elena Mizulina, indicating that the novel contains “a number of controversial, anti-family provisions.” The Senator said that under the law actions to apply the “child-light educational measure in the form of a slap” relatives “more socially dangerous than the behavior of a stranger, who inflicted the beatings on the street.” It has been prepared and submitted in July 2016 amendments decriminalizing family a beating.
But because of the serious public outcry decided to not support the initiative of Mizulina, and to make “bole soft” bill said one of the party members. “Our initiative is simply a more legally developed”, explained the rejection of the amendments mikulinsky batalina. However, she stressed that the new wording of the law they discussed Senator, and “that it fully supported”.
The bill of United Russia on the fact of beating in the family “deserves attention”, mentioned in the December conclusion of the government.