A Clear Criminal Code On Attack and Defense

The increasing instances of violent attack both on the streets and in homes in Russia is a cause of concern to all who live and work here. In marked contrast to other areas of the law, the law on assault in the Russian Federation is clear and well established.An assault of any type is defined as a beating causing light, less serious or serious bodily injury and is a criminal offense. A broken arm would be classed as a less serious injury, whereas an open wound would always be classed as a serious injury. The degree of the injury will determine the severity of punishment; the maximum sentence is up to 12 years in prison for inflicting serious injury.A simple assault is commonly accompanied by one of a number of public order offenses classed as hooliganism. Hooliganism can be both an administrative and a criminal offense: The former is applied to minor cases and punishable generally by a fine, while the criminal offense attracts a prison sentence of up to seven years. Hooliganism is defined as a violation of public order and can cover a wide range of situations from graffiti or indecent exposure to arguing about one's place in a line.A violation of public order is often an additional element to another offense. In the case of an attack in a public place accompanied by insults or shouting, the aggressor may well be charged with beating and hooliganism and receive a longer sentence. The key element to hooliganism is that the perpetrator must realize that the action is performed in a public place.Offenses against property are treated separately in the Criminal Code. A simple theft -- that is, a theft of which the victim is unaware at the time -- attracts a penalty of up to seven years imprisonment. Robbery -- or theft involving violence or the threat of violence -- can constitute one of two offenses depending on the degree of bodily harm involved. The infliction of a serious injury or the use of a weapon, whether it is real or not, will constitute the more serious offense and attract a sentence of up to 15 years. A sexually motivated attack will generally constitute a rape or attempted rape and is punishable by a sentence of up to 15 years.A person charged with a violent crime may plead self-defense and it is for the court to decide whether the degree of violence used in defense was acceptable. When an offender is arrested, an investigation will be undertaken by the police and charges brought. In cases of simple assaults involving no theft or public order violations, victims will generally have to bring charges themselves under a special simplified procedure.Marcia Levy, an attorney with Norton Rose, has been practicing law in Moscow for three years.