Threat of physical harm to a child: what to do, procedure, rules and sample of writing a complaint

Procedures for stopping bullying at school

If the legal representative of a minor is faced with intimidation of a ward, it is necessary to adhere to the following algorithm:

Find out who exactly is offending him and how;
If a minor has bruises or abrasions, report them to a medical organization;
Convey this information to the class teacher and school management by writing a statement;
Contact the Commission on Minors' Affairs if conversations with the management of the educational organization did not help.

If the intimidation came from high school students who have reached the age of criminal responsibility, the parent has the right to contact the police with a statement.

Priority actions

First of all, you need to find out from your son or daughter exactly who is intimidating him and how. This information must be conveyed to the management of the educational institution and the class teacher.
To do this you will need to write an application. The document can be drawn up in free form, but it is important to indicate the following information:

Full name of the director in whose name the document is drawn up;
information about the applicant;
information about the student;
a detailed description of the current situation with the reflection of the full name of the persons who promised to cause injury;
a request for measures to be taken to stop such behavior;
date and personal signature.

In most cases, bullying is stopped at this stage, since the educational organization does not want information about the situation to be spread outside the school.

Meetings will be held with parents of problem students and conversations with the involvement of a psychologist.

Advice! To reassure the child and provide psychological support, you should meet him from school the first time. If the minor is in high school and does not want such care, “casual” meetings with relatives after classes can be organized.

Appeal to the Commission on Minors' Affairs

If an appeal to the school administration does not bring the desired result, it is advisable to write a complaint to the commission on juvenile affairs. The text of the document must also indicate:

information about the applicant;
information about the victim;
data of offenders;
a detailed description of the current situation indicating specific threats;
a request to take measures to curb the negative impact;
date and personal signature.

This measure often produces results, since parents of children who have violated the law do not want the intervention of this body.

Contacting law enforcement agencies

If the above measures do not help, and promises of violence come from high school students, it is advisable to involve law enforcement agencies.
Threat is psychological violence. The legislator has provided measures of influence on violators.

If the threats come from children, you should contact the police department and file a complaint with the Police Department, indicating:

details of the head of the department;
applicant details;
information about the student and the persons from whom the promises of reprisals come;
a detailed statement of the reason for the appeal;
request for action;
date and signature.

If the threats come from adults, the application is submitted to the district police officer or through the duty station.

The document is drawn up in two copies, one of which remains in the hands of the applicant.

If the threats were accompanied by beatings, you must go to the emergency room and record them.

Important! If violence was used against a minor, the police do not have the right to ignore such a complaint. Legal representatives have the right to subsequently recover damages caused by filing a claim in court.

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Child abuse in the family. Respect for the rights of the child to protection from all forms of violence

Raising children requires a lot of strength, endurance and patience from parents. They are brought up differently. Beatings, intimidation, and humiliation are often used even in prosperous families. Parents deprive the child of initiative, communication and the right to choose, explaining their actions by the need to maintain discipline, since other methods of education do not lead to the desired result. Often adults realize that they are going too far.

In dysfunctional families, where the level of culture is lower or the parents abuse alcohol, the situation is much worse - cruelty becomes the norm here.

“...The child, due to his physical and mental immaturity, requires special protection and care, including adequate legal protection both before and after birth and must be protected from all forms of neglect, cruelty and exploitation.”

— excerpt from the Declaration of the Rights of the Child, adopted by the UN General Assembly on November 20, 1959.

Child abuse

- this is physical or mental violence against him.

There are physical, sexual, emotional (mental) violence and neglect of the basic needs of the child.

Physical violence

- this is direct assault: beatings, slaps, bites, burns, shaking (when an adult shakes him violently). According to the Center for Social and Forensic Psychiatry named after. Serbsky, about 2.5 million children under 14 years of age are beaten by their parents, about 50 thousand of them run away from home to avoid another attack. In addition, about 30-40% of crimes occur within the family, 50% of them affect children (they become victims or witnesses of crimes).

Sexual violence

(corruption) - the involvement by adults of minors, with or without their consent, in sexual activities, in prostitution. Showing pornography is also sexual violence.

Psychological abuse

- actions that cause fear in a child, as well as insults, humiliation, rejection, accusations, and violence against people and animals committed in his presence.

Neglecting Basic Needs

- lack of basic care for the child.

Legal responsibility of parents for cruelty to children

Child abuse is a crime, and there are several types of liability for these actions in Russian legislation.

Criminal liability

For all types of physical and sexual violence against children, as well as under a number of articles for mental violence and neglect of the basic needs of children, lack of care for them, criminal liability is provided (Articles 110-113, 115-119, 124, 125, 131 -135, 156, 157 of the Criminal Code of the Russian Federation).

Administrative responsibility

Neglect of the basic needs of a child and failure to fulfill responsibilities for his maintenance and upbringing are subject to administrative liability in accordance with the Code of the Russian Federation on Administrative Offenses (Article 5.35.).

Civil liability

For cruel treatment of a child, parents or persons replacing them are held accountable in accordance with the Family Code of the Russian Federation (Article 69 - deprivation of parental rights, Article 73 - restriction of parental rights, Article 77 - removal of a child if life or health is threatened).

Number of impressions: 2662 Date modified: 08/24/2021 09:29:33

Legislative basis of criminal liability for threats

The legislator establishes criminal liability if a citizen threatens to kill or cause grievous bodily harm in Article 119 of the Criminal Code of the Russian Federation.
In this case, the threat can be carried out in:

verbally, through calls or in person;
written form in the form of letters, messages.

This act is characterized by the following features:

rarely implemented in front of witnesses;
the actions of the threat must be intentional and aimed at fulfilling the promise;
the person threatening may be in an inadequate state;
the person being threatened must perceive and believe promises of harm or loss of life;
the promise of violence is often associated with another criminal act, such as beatings or extortion.

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Article 119 of the Criminal Code of the Russian Federation “Threat of murder or infliction of grievous bodily harm”

This crime causes harm to the mental state of the victim. Therefore, to qualify promises of reprisals under Art. 119 it is important to prove that he took them seriously and feared the consequences.

Video about Article 119 of the Criminal Code of the Russian Federation

Situations that take place in a person’s life

Not everyone can say what to do if they threaten to kill you, because not everyone has dealt with similar situations. A professional lawyer can provide detailed advice on this issue. Usually, when a person has to fear for his life, he is also overcome by fear associated with fear for the life of his family and friends. The main rule is not to give in to emotions, but to maintain a sound mind. You should try to keep your cool, this will help you make the right decision about what to do next.

So, what should you do if you receive death threats using various means of communication? Here you need to try to capture everything as much as possible. It would be better to record the telephone conversation; you will also need to contact the operator to obtain a statement of calls received to your number. Then you take all the available materials and go to the police, where you make an official statement. Take care of a lawyer in advance; he will ensure that law enforcement officers do not violate the law during the investigation and decision-making process.

What to do if they threaten to kill you right to your face? First, don’t hesitate, don’t panic, second, try to catch on to any detail in the offender’s appearance, you must remember it so that you can describe it in detail later. If threats are repeated repeatedly, on the eve of the next incident, make sure you have a recording device with you. If you have an audio or video file, you will have a better chance of filing a criminal case.

If you don't know what to do if someone threatens to kill you, don't try to act directly or be aggressive. It’s better to give up a little first in order to gain time to find optimal solutions.

Attention! In order for an audio or video recording to have legal force, you must warn your opponent before starting it. There is no need to directly indicate the source of the recording; present the information generally. Just tell him that your conversation with him is being recorded.

Types of threats

For this article to apply, the person must be threatened with physical harm or serious harm to health. The concept of such damage is contained in Article 111 of the Criminal Code of the Russian Federation. These may be actions that will entail:

loss of an organ or body part;
loss of hearing, vision, speech;
facial disfigurement;
mental disorder;
other serious consequences.

A promise to cause harm that is not classified as serious will not entail criminal liability.

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Article 111 of the Criminal Code of the Russian Federation “Intentional infliction of grievous bodily harm”

Important! The age of criminal responsibility for this crime begins at 16 years of age. Therefore, only high school students can be convicted of such actions. However, if a son or daughter is being bullied by a classmate under the age of 16, or there was no promise of serious harm, parents also need to take active steps to stop the negative impact.

A child is being threatened: what should be done first?

The very first thing to do in this situation is to draw the attention of the class teacher and the administration of the educational institution to the fact that such situations do occur. A statement is written to the school principal with a request to protect your child from students who exhibit criminal tendencies and to take measures to eliminate such behavior in the future. As a rule, on the basis of such a request, meetings are held between school management and parents of children who threaten others, conversations with a psychologist directly with those against whom the complaint was received, and other educational measures. Often this is enough to resolve the situation, since educational institutions do not want the conflict to spread.

To reassure your child and provide him with constant support and protection, you can buy a mobile phone with a tracking function and a built-in panic button.

Important! At first, until the situation calms down, it is better to meet the child on the way home from school. If we are talking about a teenager who, due to his age, categorically refuses this, make meetings “random”, periodically alternating with relatives.

What to do if threats and intimidation result in bruises or abrasions

If a child is threatened, and after another school day he comes home from school with bruises or abrasions, he must urgently go to the nearest emergency room. The doctor will record the presence of bodily injuries (beatings), even if they are of mild severity, and this certificate will need to be attached to the application to the police.

Important! If threats turn into assault, the police will not leave the matter unattended, and depending on the degree of harm caused to the child’s health, further filing of a claim for damages is possible (for a minor, his parents bear such responsibility).