Government Commission on legislative activities has not supported the bill of Deputy Chairman of the Federation Council Committee on constitutional legislation and state construction Elena Mizulina, who proposed to exclude the assault against close persons from among criminal offences and translate them into the category of administrative violations, write “Vedomosti”.
As noted in the draft opinion of the government, the amendments Mizulina does not take into account the fact that changing decriminalized article 116 of the criminal code (“beating”) was aimed at “early detection and combating domestic violence, illegal behaviour of the parents and other persons likely to commit violent acts against loved ones.”
The government also noted that the explanatory Memorandum to the bill, sponsored by Senator, does not contain statistical or other evidence needed of the proposed changes. Journalists, in turn, added that the assistant Mizulina declined to comment regarding the negative opinion of the government.
The bill, introduced this summer, proposes to amend article 116 of the criminal code. Adopted in early July, the Federal act partially decriminalized it. However, due to the change in the situation is absurd: from criminal liability for assault without harm to health are released all but close relatives.
For them, as well as for the perpetrators of a beating from hooligan promptings or on motives of political, ideological, racial, national or religious hatred or enmity, criminal liability is preserved.
According to Mizulina, in this article are “anti-family”. “For a slap in the family can receive up to two years and the stigma of “felon” for life, for beating on the street – the penalty to 40 thousand roubles. This situation is unacceptable! You need to rule the criminal law and to remove the absurd situation”, – she explained.
Mizulina also notes that in its current form, article 116 of the criminal code violates criminal law principles of fairness and proportionality enshrined in article 6 of the criminal code. The beatings (article 116) the relatives face a more severe punishment than the infliction of harm (article 115). In the first case the maximum penalty is two years imprisonment. In the second four months of arrest. “This disproportion of punishments would lead to the fact that domestic violence will be accompanied by the infliction of tangible harm, because the harder you hit, the less you will get,” – said the Senator.
Mizulina has previously tried to prevent the adoption of a law on decriminalization of several articles of the criminal code for “anti-family” norms, but it didn’t help. On 21 June the law was passed by the Parliament, 29 June, the Federation Council approved July 3, signed by Russian President Vladimir Putin.