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Tuesday, February 20, 2018

The state Duma finally adopted was canceled six months ago, “the law on flip flops”


The lower house approved the draft law on decriminalization of a beating, in fact, abolishing the adopted six months ago, “the act of slapping”. Spanking, slap, minor assault will be considered an administrative violation, not a crime. In the “United Russia” the VIEW newspaper said that the new rule is aimed at humanizing the sphere of punishment, while it will help prevent domestic violence.

Russian lawmakers on Friday adopted in the third final reading the law on decriminalization of battery against family members and other close persons.

“Quite intelligent man a couple of times came home drunk, in parallel, the friends told the wife that he supposedly got a mistress. “Council” precinct spouse complained of beatings”

The document is intended to resolve an ambiguous interpretation of the provisions of the Criminal code, which arose last summer after the adoption of the law on liability for battery against loved ones. Then a parent Association opposed because it considered that domestic beatings become a more dangerous violation, than beating other people, reminds RIA “news”.

Amendments to article 116 of the criminal code (“Beating”) proposed by the Chairman of the Federation Council Committee on constitutional legislation and state construction, spywares Elena Mizulina. “Against the law flip flops on”, and for the decriminalization of the 116th article has raised over 200 thousand signatures of parents. Press Secretary of the President Dmitry Peskov, commenting on this week’s bill, said that “the creation of strong families in Russia is a matter of priority.”

Our children will not “Pavlik Morozov”

Offer Mizulina at the meeting on Friday was supported by the United Russia. In particular, the Vice speaker from “United Russia” Andrei Isayev said that one of the supporters of the law are not in favor of family violence, and remains in the criminal code, the punishment for violence against the person and violence against a pregnant woman and a minor is still considered an aggravating circumstance. “We are talking about flip-flops and slap, but that no one offers to hang a medal on his chest, with substantial administrative responsibility,” – quoted by “Kommersant”.

“It so happens that if the mother is found in the bedside table son the drugs and gave him a slap, it could be a criminal a criminal, but if someone else has put a black eye on the street, then no. It’s not fair. The parent community was concerned that the attention of the state the family did not need,” – said Vice-speaker. According to him, in Western Europe as a result of earlier, similar legislation, “the children turned in Pavlik Morozov, who knock on parents.” “We can’t go on this way – said Isayev. – With regard to the bill passed in the summer of 2016, then we made a mistake now fix it”.

Remains “to sit and wait for the kill”

Speaking at the meeting against the proposals Mizulina a state Duma Deputy from the Communist party, former first Deputy Prosecutor of Moscow Yury sinelshchikov later said the newspaper VIEW: “in a year we still do. When I grow up statistics on home, family killings, especially killings of children, will have to respond to public inquiry and return criminal liability.” All other attempts to improve the situation, according to Sinel’shchikova, barren.

He reminded that there is still no accurate statistics on the number of domestic murders in families, and in particular the murder of children. However, the increase in the actual number of such crimes now, according to Sinel’shchikova, will be very noticeable. “The number of calls to the police with complaints of their husbands and fathers rapists, on the contrary, will decrease. We have complicated life to victims of domestic violence. Now the poor woman should not just go to court and collect numerous documents,” he said. According to him, now a woman can only sit and wait “while her husband will kill her or the baby.”

Shiyan believes that the withdrawal of domestic violence from the criminal liability would complicate the truth. “The administrative investigation generally does not involve any investigation. Not used the possibility of obtaining evidence under the criminal process. Not to be used the adversarial principle in court,” the MP explained.

Lawyer Konstantin Trapaidze said that when the family violence the people were not conditional, but real terms, been in practice quite often. “However, as a rule, we then appealed against getting real time. In many cases, home your mind and realize that this punishment was excessive, or even the actions of the rapist was not adequately appreciated. The consequences from when a person receives a real term, families are much worse than the manifestations of patience,” – said the lawyer.

Precinct imprisoned husbands “for show”

Often complaints to law enforcement agencies on domestic violence is psychological manipulation, is reminiscent of the lawyer. “In fact, violent actions, bodily injury is not committed, but the sentences imposed were of a completely unknown reason”, regrets he.

“In my practice there was a case when a very intelligent man a couple of times came home drunk, in parallel, the friends told the wife that he supposedly got a mistress. And then on the “advice” of the policemen wife complained about the beatings. No evidence was presented, but people have a real and not a suspended sentence to a year and two months. I spoke with the wife and husband, both regret the incident, but the family is already destroyed”, – the lawyer told the newspaper VIEW.

As reported Trapaidze, is that police officers who were sick in the same house for many challenges, for example in the family to drunken person home offered to write a statement about the beatings.

“The police have received for this kind of fight against domestic violence the same “stick” as for the disclosure of another crime. On the other hand, the article in General was off. After all, there are many other ways to characterize family violence as the infliction of moral harm, bodily injury, hooliganism” – listed a lawyer. In his opinion, to apply the article in practice it was difficult.

The policy of humanization continues

The lawyer welcomed the decision of the state Duma. “This is not to say that the deputies acted for domestic violence. Just a fight against domestic violence must deal with other institutions, and to focus primarily on prevention,” he says.

Trapaidze believes that the Russian penitentiary system do not serve the purpose of correcting and encourages the authorities to continue the policy of humanization. “If administrative liability seems someone is too soft, you can increase the fines or terms of correctional labour is better than to send people to jail. If the convict really is, roughly speaking, the mud puddle, then he’ll just have time to realize what he did, and reflect on their behavior. And from prison a person goes angry, often relapse does is a more serious crime. Often the output is small bullies become “criminals”, – concluded the lawyer.

The Chairman of the Duma Committee on family, women and children Elena Vtorygina (“United Russia”) in conversation with the newspaper OPINION stated that the law element of the General course on the humanization of the sphere of punishment. “Despite different points of view, this law is certainly aimed at humanization. First and foremost, we help women,” – said the Deputy.

“About this law was broken a lot of copies. And now in social networks and in the press, the debate continues. We have done extensive work with experts and the study of public opinion, before making the bill. So, according to the survey, 59% of Russians were in favour of not strictly regulate such minor conflicts that did not result in injury,” said Vtorygina informed the portal “Echo of the North”, Recalling that the July “law on slapping” caused a murmur among parents across the country: it was seen as an element of the juvenile justice system. In his opinion, should not interfere in the family from the outside, and the new rule will help prevent domestic violence, while allowing to preserve the family.

Presidential Commissioner for children’s rights Anna Kuznetsova on Friday evening, commenting on the draft law on decriminalization of a beating, stressed that citizens are protected by the current legislation. Kuznetsova called a beating is unacceptable. According to her, all violent actions are qualified under other articles of the criminal code, their order of 50. While Kuznetsova has called for moving away “from discussing the beatings, the slaps,” and to talk about the principle of building laws.

source

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