The Constitutional Court demanded to change the article of the Criminal Code on domestic violence • Meduza • RIMA

The Constitutional Court demanded to change the article of the Criminal Code on domestic violence

The Constitutional Court found that the article of the criminal code on battery, according to which close persons can only be held accountable for battery if it is repeated, is not in line with the country's Basic Law.

The Constitutional Court's decision was made as part of the consideration of a complaint by Lyudmila Sakova, a resident of the Orenburg Region, who was systematically beaten by her brother. In 2018, he was brought to administrative responsibility for beatings, and then to criminal responsibility.

In October 2019, already having a criminal record, the brother beat Sakova again. However, for this he only received an administrative punishment in the form of 100 hours of community service - since from the point of view of the law, his offense was no longer "repeat".

The Constitutional Court considered that the current version of the article places citizens with a criminal record in a privileged position in relation to those who have been subjected to administrative punishment for assault, and demanded that legislators amend it.

Based on the principle of inadmissibility of retroactive application of a law establishing or aggravating liability, this ruling does not lead to a review of the applicant's case, but she has the right to compensation.
Constitutional Court

Assault on close persons was decriminalized in 2017. Now, criminal liability for assault committed for the first time occurs only if it is committed out of hooligan motives or based on political, ideological, racial, national or religious hatred.
In early April 2021, the Supreme Court called for changing the Criminal Procedure Code so that cases under the article on domestic battery, which are currently considered as private prosecution, will henceforth be considered as private-public prosecution. In this case, law enforcement agencies, and not just the applicant, will have to prove the guilt of the accused, and cases cannot be dismissed due to reconciliation of the parties.