The content of the concepts of “battery” and “other violent actions” in the context of Articles 116 and 116.1 of the Criminal Code of the Russian Federation
The subject of this research is the criminal law content of the concepts of "battery" and "other violent acts" in the context of Articles 116 and 116.1 of the Criminal Code of the Russian Federation, as well as issues related to their distinction in theory and judicial practice. The aim of this study is to identify and systematize the contradictions that exist in the law enforcement and scientific interpretation of these categories, as well as to formulate proposals for clarifying legislative structures to ensure uniformity of law enforcement and strengthen the principle of legal certainty. Additionally, the objective is to formulate a unified, scientifically based position on the classification of violent acts that do not entail the consequences stipulated by Article 115 of the Criminal Code of the Russian Federation, develop a system of criteria for distinguishing between the concepts of "battery" and "other violent acts," create methodological recommendations for law enforcement, and improve the regulatory framework for the protection of the physical integrity of the individual. The formal legal method, as well as methods of analysis, synthesis, induction, and deduction, were used in preparing this study. The scientific novelty lies in the author's formulation of a position on the admissibility of recognizing a single act of physical force causing physical pain as battery, as well as in the proposal for a clarified version of the provisions of Articles 116 and 116.1 of the Criminal Code of the Russian Federation. The work develops doctrinal approaches to the concept of battery, expanding the scope of criminal law protection of the physical integrity of the individual. It is established that there is a lack of a unified understanding of the objective aspects of these offenses, and the decisive element is the infliction of physical pain on the victim, regardless of the number of blows inflicted. It is concluded that battery can also be a single offense if physical pain is inflicted without evidence of harm to health. It is proposed to replace the term "violent acts" with "other forms of physical force," which will ensure precise terminology and uniformity in law enforcement.
Publication Details
- Journal
- Полицейская деятельность
- Published
- 2025-05-01
- DOI
- https://doi.org/10.7256/2454-0692.2025.5.76563
- Primary Topic
- Education, Law, and Society
- Type
- article
- Field-Weighted Citation Impact
- 0.00