Failure to fulfill or improper fulfillment of duties for the upbringing of a minor by a parent or other person entrusted with these duties, as well as by a teacher or other employee of an educational organization, medical organization, organization providing social services, or other organization obliged to supervise the minor, if this the act is associated with cruel treatment of a minor, -
shall be punishable by a fine in the amount of up to one hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred and forty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to three years. with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years or without it.
Concept
Failure to fulfill duties is incomplete participation in the upbringing of a person who has not reached the age of majority, or complete removal from him.
Partial fulfillment of obligations by those who must raise the child (in particular, parents or teachers) is also considered non-fulfillment.
Failure to fulfill duties entails liability under Article 156 of the Criminal Code of the Russian Federation . It occurs only in cases of cruelty to minors and the use of physical force.
Child abuse
This may include beatings, tying, special harm to health, threats, sexual harassment, deprivation of home, food or water, as well as methods of education that are unacceptable for a normal and healthy life.
If a person has already been deprived of parental rights, then he cannot be convicted under this article of the Criminal Code, since he is exempt from raising a child.
Corpus delicti
The elements that constitute the crime are:
- an object;
- objective side;
- subject;
- subjective side.
The object of this crime is the child himself, who has not reached the age of majority, as well as his moral, psychological, physical development and health.
The objective side is the failure to fulfill obligations to support and raise a child by parents, cruel treatment of a minor, or incomplete fulfillment of duties in an unacceptable form.
Failure to comply is considered the complete absence of parents in the child’s life, attention to the development, education and health of the baby. In such a case, liability may arise if the parent should have fulfilled the obligations and could have done so. Poor and substandard fulfillment of assigned obligations is considered improper.
For unconditional criminal liability to arise, it is necessary that non-fulfillment or improper fulfillment be accompanied by cruel treatment on the part of guardians and parents. In this case, no consequences are required to finally formulate the crime.
The subject of a crime is any adequate person who has reached the age of 16 .
Specifically, the subjects of the crime of violating the education of a minor are:
- the child's parents;
- guardian (if there are no parents and he has an obligation to care for the child);
- a teacher or educator in a special institution that is obliged to ensure the rights of minors.
The subjective side is the guilt of the subject for intentionally causing harm.
Qualifying features
Article 156 of the Criminal Code of the Russian Federation has its own qualifying criteria, according to which the court pronounces a sentence on the convicted person. This article is based on cruel treatment of minors , causing them physical, mental or moral harm, and failure of parents to fulfill their direct responsibilities in raising a child. Participation in its development, education, health promotion.
If the incident is a separate article, then the punishment is most often not provided in aggregate. For example, charges of causing harm to the health of a child (Article 111, 112) , torture (Article 117) , sexual harassment (Articles 131, 132, 133, 134, 135) and others.
Failure to connect charges for such crimes with Art. 156 of the Criminal Code of the Russian Federation makes the fate of the convicted person easier and brings him closer to avoiding criminal liability. This is considered an error in qualifying criteria.
Punishment according to Article 156 of the Criminal Code of the Russian Federation
Improper fulfillment of obligations is punishable by:
- fined up to 40 thousand rubles;
- deprivation of wages;
- a person does not have the right to hold any position for a certain period of time;
- does not have the right to engage in entrepreneurial activity for 3 years;
- correctional labor (1 year);
- compulsory work (180 hours);
- imprisonment (maximum three years).
sentence under clause “d”, part 2 of art. 117 of the Criminal Code of the Russian Federation, Art. 156 of the Criminal Code of the Russian Federation
Case No. 1-276 (criminal case No. 11112718)
PRI G O V O R
named after the Russian Federation
Kiselevsk city March 29, 2012
Kiselevsky City Court of Kemerovo Region
composed of: presiding judge – judge S.V. Sayanova,
with the participation of the state prosecutor - assistant prosecutor of the city of Kiselevsk, Kemerovo region Zotkin A.V.,
defendant – Povinich N.V.,
defender - lawyer of the Kiselevsky Bar Association No. - Ivannikova G.V., who presented certificate No. from DD.MM.YYYY and warrant No. from DD.MM.YYYY,
victim - P.,
legal representative of the minor victim-Z.
under the secretary – Frolova O.O.,
having examined in open court the materials of the criminal case regarding:
Povinich N.V., <data taken> not convicted;
accused of committing crimes provided for in paragraph “g” of Part 2 of Art. 117 of the Criminal Code of the Russian Federation, Art. 156 of the Criminal Code of the Russian Federation,
installed:
Povinich N.V. failure to fulfill the duties of raising a minor by a parent was committed, coupled with cruel treatment of a minor and torture committed against a known minor.
The crimes were committed in Kiselevsk under the following circumstances.
Povinich N.V., being the parent of a minor P., DD.MM.YYYY year of birth, and living with him at the address: <address>, Kiselevsk, being obliged to fulfill the duties of raising him, during the period from the beginning of the DD. MM.YYYY according to DD.MM.YYYY, acting intentionally, improperly performed the duties of raising a minor child. Failure to comply Povinich N.V. responsibilities for raising a minor child are associated with cruel treatment of him, which is expressed in the systematic beating of P.’s son, gross violation of the daily routine, and failure to provide him with adequate nutrition. Knowing that the child needs adequate nutrition necessary for normal development, living conditions for children that meet sanitary standards, and proper care for him, Povinich N.V. does not try to create conditions for the normal physical and mental development of the child, does not take measures to improve living conditions in any way, thus showing indifference to the child. Housing conditions in the apartment, consisting of two rooms, where Povinich N.V. lives, according to the inspection report, do not meet living standards. The sanitary and hygienic conditions in the apartment are unsatisfactory: the apartment is dirty, messy, there are heaps of garbage and empty alcohol bottles everywhere. Minor P.'s belongings are scattered, lying in heaps on the floor in his room. The room is dirty, there are rags and rubbish on his bed, the bed is not covered with bed linen. In the room where N.V. Povinich sleeps. with his roommate I., there is a sofa bed on which there is a dirty bed. The kitchen is also a mess, there are dirty dishes, garbage, and empty liquor bottles on the kitchen table. There is all the necessary furniture and appliances, but everything is in disrepair. Povinich N.V. does not monitor the comfort and order in the apartment. The only food in the refrigerator is a three-liter jar of sauerkraut. Povinich N.V. has not worked anywhere for a long time and abuses alcohol. While intoxicated, he starts scandals and fights with his roommate, and then, in the same state, beats his minor son P. Minor P. studies in <data taken>, Povinich N.V. He doesn’t study with his son and doesn’t help him with his studies. While intoxicated, he does not take care of his son’s appearance, and therefore the son goes to school in old, dirty and worn clothes, makes scandals at home in the evening and at night, thereby preventing his son from sleeping, and therefore the minor P In the morning he cannot wake up for school on his own, so P. is late for the first lesson, or skips school altogether. There is no control on the part of the mother over the child. Povinich N.V. abuses alcohol and is often absent from home, leaving her son unattended and food that she does not give him, or hides from him, thereby showing indifference to the fate of the child, and, in addition, subjects her son to beatings while intoxicated. P. is forced to eat at lunchtime at school, and at home with what he finds himself, or on weekends with his grandmother, to whom he goes to another district of the city of Kiselevsk without the supervision of his mother. Thus, Povinich N.V., realizing that by leaving his minor son without attention for a long period of time, depriving him of normal conditions for life and rest, beating him, he acts cruelly towards him, and is indifferent to the fate of his son.
In addition, Povinich N.V., living together with his minor son P., DD.MM.YYYY DOB, at <address>, Kiselevsk, knowingly knowing about his minor age, during the period from began DD.MM.YYYY to DD.MM.YYYY systematically subjected the minor P. to beating, by systematically beating him, causing the minor P. mental and physical suffering.
At the beginning of DD.MM.YYYY at about 09 o'clock Povinich N.V., being on the first floor <data taken> at <address>, acting intentionally, with the aim of causing physical and mental suffering to the minor P., on the basis of suddenly arising hostile relationship with the minor P., using an insignificant reason, due to the fact that the teacher complained about him, struck P. one blow with the palm of his hand on the face on the left, thereby causing the minor P. physical pain and mental suffering. At the beginning of DD.MM.YYYY, about <data taken> hours, being at <address>, acting deliberately, knowingly knowing about P.’s minor age, with the aim of causing physical and mental suffering, on the basis of a suddenly arose hostile relationship with the minor P. ., using an insignificant reason, remembering that a teacher had complained about him at school, subjected the minor P. to a beating, struck him three times with a leather belt on various parts of the body, thereby causing the minor P. a beating. DD.MM.YYYY in the daytime Povinich N.V., being intoxicated, being at <address>, acting intentionally, knowingly knowing about P.’s minor age, with the aim of causing physical and mental suffering, due to sudden hostile relationship with the minor P., using an insignificant reason, due to the fact that the minor P. asked for food, subjected the minor P. to beating, inflicting three blows on him with a fist on various parts of the body, thus causing him a beating. DD.MM.YYYY at <data taken> o'clock Povinich N.V., being intoxicated, being at <address>, acting intentionally, knowingly knowing about P.'s minor age, with the aim of causing physical and mental suffering, on the basis of a sudden hostile relationship with the minor P., using an insignificant reason, due to the fact that the minor P. returned late from the street, she subjected the minor P. to beating, inflicting more than 3 blows on his buttocks with a leather belt, and then, throwing the belt, she struck minor P. on the head with her palm more than three times, thus beating him. DD.MM.YYYY about <data taken> o'clock Povinich N.V., being intoxicated, being at <address>, acting intentionally, knowingly knowing: about P.'s minor age, with the aim of causing physical and mental suffering , on the basis of a sudden hostile relationship with the minor P., using an insignificant reason, due to the fact that she was again called to school because of his behavior, she subjected the minor P. to beating, inflicting more than 3 blows on him with a leather belt in various parts body, thereby causing minor P. bruises to the face on the left, left shoulder and chest, which do not qualify for the severity of harm to health. DD.MM.YYYY about <data taken> hours Povinich N.V., being intoxicated, being at <address>, acting intentionally, knowingly knowing about P.’s minor age, with the aim of causing physical and mental suffering, on the basis of a suddenly hostile relationship with the minor P., using a minor excuse, due to the fact that he slept through school, she subjected the minor P. to a beating, struck him once on the body with her fist, thereby causing the minor P. severe physical pain and mental suffering.
Defendant Povinich N.V. I completely agree with the charges brought against me, and therefore I filed a petition for the use of a special procedure for making a court decision, which I supported at the court hearing.
The petition was submitted by her voluntarily, after consultation with the defense lawyer, the defendant Povinich N.V. The nature and consequences of the stated request for a verdict without a trial are explained.
The defendant is aware of the consequences of sentencing without a trial.
State prosecutor Zotkin A.V. agrees to the use of a special procedure for making a court decision at the request of the defendant, the victim P. and his legal representative Z., at the court hearing and during the preliminary investigation, also declared their consent to the use of a special procedure for making a court decision.
The punishment provided for by the sanctions of Art. 156 of the Criminal Code of the Russian Federation and paragraph “g”, part 2 of Art. 117 of the Criminal Code of the Russian Federation, does not exceed 10 years of imprisonment.
Consequently, all the conditions for passing a sentence without a trial have been met.
The accusation, which the defendant Povinich N.V. fully agreed with, is justified and supported by evidence collected in the criminal case.
Actions of the defendant Povinich N.V. correctly qualified according to Art. 156 of the Criminal Code of the Russian Federation as a failure to fulfill the duties of raising a minor by a parent, combined with cruel treatment of a minor and under paragraph “d”, Part 2 of Article 117 of the Criminal Code of the Russian Federation as torture committed against a known minor.
When assigning punishment, the court takes into account the requirements of Part 7 of Art. 316 of the Code of Criminal Procedure of the Russian Federation, the nature and degree of public danger of the act, information about the identity of the defendant Povinich N.V., who works, is registered with a psychiatrist and narcologist at the State Health Institution “<data taken>”, and is not a local inspector of the “Afonino” police department at her place of residence. characterized negatively.
The circumstances aggravating the punishment of the defendant Povinich N.V. were not established at the court hearing.
As circumstances mitigating the punishment of the defendant Povinich N.V., the court takes into account the defendant’s full admission of guilt, remorse for the crime, a satisfactory reference from neighbors at the place of residence, the presence of a dependent minor child, the opinion of the victim who does not insist on a strict punishment, the absence of in a case of grave consequences.
Taking into account the above, in order to restore social justice, as well as in order to correct the defendant and prevent her from committing new crimes, the court considers it necessary to appoint Povinich N.V. punishment in the form of imprisonment, taking into account the requirements of Part 7 of Article 316 of the Code of Criminal Procedure of the Russian Federation, without seeing any grounds for assigning the defendant more lenient types of punishment provided for in the sanction of paragraph “g”. Part 2 of Article 117 of the Criminal Code of the Russian Federation.
Also, when assigning punishment, the court takes into account the fact that the crime provided for in Article 156 of the Criminal Code of the Russian Federation in accordance with the provisions of Part 2 of Art. 15 of the Criminal Code of the Russian Federation refers to crimes of minor gravity, and on the basis of Part 1 of Article 56 of the Criminal Code of the Russian Federation, a sentence of imprisonment can be imposed on a convicted person who has committed a crime of minor gravity for the first time, only in the presence of aggravating circumstances provided for in Article 63 of this Code, with the exception of crimes provided for in part one of Article 228, part one of Article 231 and Article 233 of this Code, or only if the relevant article of the Special Part of this Code provides for imprisonment as the only type of punishment.
Considering that the defendant Povinich N.V. brought to criminal responsibility for the first time, aggravating circumstances in the case have not been established, the court considers it appropriate to appoint Povinich N.V. under Article 156 of the Criminal Code of the Russian Federation, punishment in the form of correctional labor, applying, when assigning punishment, the rules for determining the terms when adding sentences, provided for in paragraph “c” of Part 1 of Article 71 of the Criminal Code of the Russian Federation, according to which, in the case of partial addition of punishments for the totality of sentences, three days correctional labor corresponds to one day of imprisonment.
There are no exceptional circumstances related to the goals and motives of the crimes, the behavior of the perpetrator before or after their commission, or other circumstances that significantly reduce the degree of danger of the crime committed. The court finds no grounds for applying Article 64 of the Criminal Code of the Russian Federation - the imposition of punishment is below the lowest limit.
At the same time, taking into account the above circumstances mitigating the defendant’s punishment, the court believes it is possible to correct the defendant without actually serving the sentence, therefore, when imposing a sentence of imprisonment, Art. 73 of the Criminal Code of the Russian Federation, that is, a suspended sentence.
Based on the above, guided by art. Art. 307-309, 314-317 Code of Criminal Procedure of the Russian Federation, court
p r i g o v o r i l :
Admit Povinich N.V. guilty of committing crimes under Art. 156 of the Criminal Code of the Russian Federation, paragraph “d”, part 2 of Art. 117 of the Criminal Code of the Russian Federation and assign her punishment:
- according to Art. 156 of the Criminal Code of the Russian Federation - nine months of correctional labor with deduction of 5% of wages to the state;
- according to clause “d”, part 2 of Art. 117 of the Criminal Code of the Russian Federation in the form of 3 (three) years of imprisonment without restriction of freedom,
In accordance with Part 3 of Art. 69 of the Criminal Code of the Russian Federation by partial addition of punishments (according to Article 156 of the Criminal Code of the Russian Federation - in terms of imprisonment, nine months of correctional labor corresponds to three months of imprisonment) to finally assign 3 (three) years and 2 months of imprisonment to serve.
Based on Art. 73 of the Criminal Code of the Russian Federation appointed Povinich N.V. The punishment shall be considered suspended with a probationary period of 1 (one) year and 6 months.
Oblige Povinich N.V. within ten days, register with a specialized state body that monitors the behavior of conditionally convicted persons, periodically appear for registration at the specialized state body that monitors the behavior of conditionally convicted persons, during the probationary period do not change permanent place of residence without notifying the specialized state body that carries out control over the behavior of suspended prisoners, officially find employment.
Preventive measure for the defendant Povinich N.V. until the sentence comes into force, leave the undertaking not to leave without changing.
The verdict can be appealed in cassation, in compliance with the requirements of Art. 317 of the Code of Criminal Procedure of the Russian Federation, to the Kemerovo Regional Court within 10 days from the date of proclamation, and for convicted persons in custody - within the same period from the date of delivery of a copy of the verdict.
If a cassation appeal is filed, the convicted person has the right, within 10 days from the date of delivery of a copy of the verdict, to petition for his participation in the consideration of the criminal case by the cassation court.
Chairman - S.V. Sayanov
Statistics data in the Russian Federation
Statistics in Russia of bringing persons to justice under Article 156 :
- 4% - imprisonment;
- 69% - suspended sentence;
- 4% - fine;
- 23% - amnesty.
According to statistics, the number of people convicted under Article 156 is growing every year. If in 1997 , taking into account the totality of crimes, there were 269 people , then in 2003 the figure had already increased almost 8 times and amounted to 1,560 people .
The effect of Article 156 is applied in only 20% of cases . Basically, the court carefully reviews the situations and gives its interpretation. For example, it is impossible to recognize a failure to fulfill duties if a child lacks clothing or food due to the fact that the spouses do not have a job.
Termination of a criminal case under Art. 156 of the Criminal Code of the Russian Federation for reconciliation of the parties
According to established judicial practice in cases of crimes under Art. 156 of the Criminal Code of the Russian Federation, termination in connection with the reconciliation of the parties must be carried out with the consent of the state prosecutor. It is believed that the prosecutor acts on behalf of the state as a guarantor of the protection of minors. In my case, in a case terminated on the basis of Art. 76 of the Criminal Code of the Russian Federation and Art. 25 of the Code of Criminal Procedure of the Russian Federation, the state prosecutor objected to such termination. However, the court made a correct and fair decision.
I’ll tell you honestly, I don’t like such things... I myself am the father of three children, and everything related to committing crimes against minors causes me internal rejection, probably like most people.
But it’s always nice to see when a person has a chance to start life “from scratch,” and that you helped create this chance.
My client B. is the mother of three young children, but she began to abuse alcohol, stopped working, and therefore did not provide financially for the children. Against the backdrop of “fun” pastime with local outcasts who often visited her for “vacation”, B. developed indifference to children , who were actually left to their own devices, were often malnourished, and did not attend educational institutions. And the children slept in the closet so as not to interfere with the “rest” of numerous and frequent guests. All children suffered from head lice.
The inquiry passed somehow unnoticed, casually, against the backdrop of B.’s complete indifference to both her fate and the fate of her children, she formally admitted guilt, after familiarizing herself with the case, we announced a special procedure for the trial.
In general, an ordinary “appointment” case under Art. 156 of the Criminal Code of the Russian Federation.
Everything changed after the first court hearing, when the state prosecutor refused to support the request for a special trial procedure, and the magistrate switched to a general procedure. And then something apparently clicked inside my client, which rebooted her maternal instinct. After the first meeting there were tears and questions: “what should I do now, because they will be taken away from me.”
And when I saw that the person was finally concerned about his fate, and the fate of his children, that there was someone to help, I happily joined in. The proposal to the social security representative to think about the possibility of terminating the case through reconciliation with the victims did not initially arouse much enthusiasm in the latter; it all boiled down to the fact that “let the children forgive.”
The first thing we needed was time, which, as we know, heals. They delayed as much as they could, objecting to the reading of the testimony of the district police officers, and the investigators were called in for questioning. The defendant began to visit her children almost every day in the social rehabilitation center, where they were placed by the social security agency, and of course the children forgave their mother. B. brought her apartment into acceptable condition, hung new and clean wallpaper, albeit cheap, and arranged a place for the children to study (someone donated an old desk). In general, we convinced the representative of social protection, who was informed that children from the social rehabilitation center were asking to see their mother, and only talked about their mother.
And then the luck factor worked, our justice of the peace went on maternity leave, and we began to consider the criminal case anew, and this time the state prosecutor, tired of us, did not object to considering the criminal case in a special manner.
At the second “first” meeting, the representative of the victims filed a motion to terminate the criminal case against B., since she had reconciled with the victims, the harm caused to them had been made up for, and they had no complaints.
Unfortunately, the assistant prosecutor included a “guarantor of the protection of minors” and objected to the termination of the criminal case for reconciliation of the parties.
But the court came to the correct conclusion that the petition was justified and granted it, dismissing it on the basis of Art. 76 of the Criminal Code of the Russian Federation, Art. 25 of the Code of Criminal Procedure of the Russian Federation, a criminal case against B.
The judge's decision was not protested by the state prosecutor and entered into legal force.
Whether B. will take the chance to start everything from scratch, I don’t know, I want to believe in it...
