Failure to perform or improper execution parenting responsibilities minor parent or another person entrusted with these duties, as well as a teaching worker or other employee educational organization, medical organization, an organization providing social services, or another organization obliged to supervise a minor, if this 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 wages or other income of the convicted person for a period of up to one year, or compulsory work for a period of up to four hundred and forty hours, or correctional labor for a period of up to two years, or 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 .

Commentary to Art. 156 of the Criminal Code of the Russian Federation

1. The object of the crime provided for in Art. 156 of the Criminal Code, act public relations related to ensuring the necessary physical, mental, spiritual, moral and social development of a minor. An additional object is the health of the minor.

According to Art. 27 of the UN Convention on the Rights of the Child of November 20, 1989, the parent(s) or other persons raising the child bear the primary responsibility for ensuring, within the limits of their abilities and financial resources, the living conditions necessary for the development of the child. entrusts parents with the right and duty to raise their children, as well as to bear responsibility for their upbringing and development, to take care of their health, physical, mental, spiritual and moral development. According to Art. 65 of the RF IC, ensuring the interests of children should be the main concern of their parents. When implementing parental rights Parents have no right to cause harm to the physical and mental health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.

2. The objective side of the crime is expressed in the improper performance or failure to fulfill the duties of raising a minor, assigned to a person by law, regulations, combined with cruel treatment of a minor by the persons specified in the disposition of this article (a parent or other person entrusted with these duties , as well as a teacher or other employee of an educational, training, medical or other institution obliged to supervise a minor).

3. Required feature objective side is cruel treatment of a minor, which can be expressed in beating, bullying, humiliation of human dignity, denial of food, restriction of freedom of movement, etc. According to paragraph 11 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated May 27, 1998 N 10, cruel treatment of children can manifest itself not only in the implementation by parents of physical or mental violence against them or in an attempt on their sexual integrity, but also in the use of unacceptable methods of education (rough, neglectful, degrading treatment of children, abuse or exploitation of children).

If the failure of parents or other persons specified in the disposition of Art. 156 of the Criminal Code, the duties of raising minors are not associated with cruel treatment of them, then criminal liability is excluded, since these actions constitute an offense under Art. 5.35 Code of Administrative Offenses of the Russian Federation.

In cases where ill-treatment forms an independent crime, for example, causing harm to health of varying severity, beatings, torture, etc., such actions should be classified as a set of crimes under Art. Art. 115, 112, 111, 116, 117 CC, etc.

4. Subjective side crimes are characterized by direct intent. At the same time, the person realizes that he is not fulfilling or improperly fulfilling his responsibilities for raising a minor, as well as his cruel treatment of him, and wants to commit these actions.

5. The subjects of this crime are the same persons as those listed in Art. Art. 150, 151 CC.

For example, by a court verdict, I. was found guilty of failure to fulfill the duties of raising minor children and the murder of her six-month-old daughter, who was known to the guilty person to be in a helpless state, committed with particular cruelty, and was convicted under clauses “c”, “d” .2 tbsp. 105 and art. 156 of the Criminal Code.

IN cassation appeal The convicted woman’s lawyer asked the court to overturn the court’s verdict and to terminate the case, since the convicted woman did not have an indirect intent to kill the child, she took measures to treat him.

The Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation changed the verdict and reclassified the actions of the convicted person from clauses “c”, “e”, part 2 of Art. 105 of the Criminal Code on Part 1 of Art. 109 of the Criminal Code, motivating the decision as follows.

The court of first instance came to the conclusion that due to non-compliance and proper execution I. parental responsibilities, her daughter developed infectious diseases of the upper respiratory tract and skin, and developed severe malnutrition.

As a result of severe infectious damage to the skin, the subsequent development of a general infectious disease - sepsis with symptoms of septic shock and multiple organ failure, severe malnutrition, the death of the convict's six-month-old daughter occurred.

The court, qualifying I.’s actions under clauses “c”, “e”, part 2 of Art. 105 of the Criminal Code, indicated in the verdict that the culprit was aware of the social danger of her inaction, foresaw the possibility of a social dangerous consequences in the form of the death of her young daughter, she did not want, but was indifferent to the occurrence of these consequences, and concluded that I. deliberately caused the death of the victim.

However, from the testimony of the convict it follows that she treated her daughter on her own, gave paracetamol, put on Efferalgan baby suppositories, thought that she was teething, her daughter did not eat, regurgitated food, lost weight, she smeared the victim with brilliant green, gave her juice, the intent to take the life of her daughter Did not have.

This testimony of the convicted woman in the verdict was not refuted, but, on the contrary, from the testimony of the forensic expert and others, it is clear that some kind of assistance was provided to child I.

Under such circumstances, the Judicial Collegium of the RF Armed Forces came to the conclusion that the convicted person did not foresee the possibility of causing the death of the victim as a result of her actions, but due to the circumstances of the case she should have and could have foreseen this.
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See: Determination of the Armed Forces of the Russian Federation dated February 17, 2009 N 5-O09-18; Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2009, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated September 16, 2009 // BVS RF. 2009. N 11 (extract).

Failure to fulfill obligations to raise a minor

Commentary on Article 156 of the Criminal Code of the Russian Federation:

1. Public danger The crime lies in the fact that the child cannot fully take advantage of the entire range of educational, educational, and material rights that belong to him by law.
Guarantees of children's rights have constitutional basis. So, in paragraph 1 of Art. 39 of the Constitution of the Russian Federation enshrines a provision on the protection of their rights in the field social security, clause 4 art. 43 establishes the obligation of other persons acting as parents to ensure that children receive basic general education.

2. The immediate object of the crime in question is the interests of the minor in obtaining normal physical development and moral education. A victim is a person under 18 years of age whose interests have been violated.

3. The objective side is the failure or improper fulfillment by the guilty person of the duties of raising a minor or supervising him, if this act involves cruel treatment.
To attract criminal liability it must be established: 1) what specific responsibilities were assigned in in the prescribed manner to this person; 2) which of them was not performed or performed improperly; 3) whether this person had a real opportunity (objectively or subjectively) to properly perform the assigned duties. Objective factors include, first of all, external conditions, the creation of which does not depend on of this person. Subjective ones include the personal characteristics of a given person: experience and qualifications, level of education, ability to provide the full scope of duties and their proper quality, etc.; 4) whether the actions (inaction) of the person are accompanied by cruel treatment of the minor.

Identification of any of the objective or subjective factors indicating the actual impossibility of fulfilling or improper fulfillment of the duties of raising or supervising a minor, and the absence of signs of ill-treatment of him exclude criminal liability under Art. 156 of the Criminal Code of the Russian Federation.
Failure to comply is a failure to take actions to educate a minor, failure to take measures that guilty person had to accept due to his duties. It is impossible to blame the failure to carry out those actions that were not part of the duties of the person held accountable.

Improper fulfillment of responsibilities for raising a minor is considered to be unclear, careless, formal, untimely, incorrect, or incomplete implementation.
Failure to fulfill and improper fulfillment of duties to raise a minor can be one-time and systematic, i.e. characterize a certain line of behavior of the perpetrator.

Cruel treatment is understood as a certain line of behavior of the perpetrator, expressed both in his active actions towards a minor (imprisonment, beating, bullying, beating, torture, etc.) and inaction (failure to provide food, clothing, etc. .), bringing physical or mental suffering to the victim.
If, as a result of ill-treatment, harm to health was caused (intentional slight, moderate severity or grave), as well as torture, the actions of the perpetrator are subject to additional qualification according to the totality of crimes provided for in Art. 156 of the Criminal Code and relevant articles of the Criminal Code.

Any careless infliction of harm to the health of a minor is covered by the criterion of “cruel treatment” and does not require additional qualifications under the relevant articles of the Criminal Code.

4. The subject of the crime is special. We are talking about a sane person who has reached the age of 16 and is a parent or other person who is entrusted with the responsibility of raising a minor, as well as a teacher or other employee of an educational, training, medical or other institution who is obliged to supervise the minor.
Supervision is understood as both direct supervision over the actions of a minor in this particular case, and his upbringing in general.

5. Failure to fulfill obligations to raise a minor - intentional crime: the perpetrator realizes that through cruel treatment he is grossly violating the duties of raising a minor, and wants to commit these actions.

6. Officials educational, training, medical or other institution when exceeding official powers subject to liability under Art. 286 of the Criminal Code.

7. The act provided for in Art. 156 of the Criminal Code, should be distinguished from the similar one provided for administrative legislation(Article 5.35 of the RF Code on administrative offenses), where the possibility of attracting administrative responsibility not associated with abuse.

Such a concept as “child abuse” should not exist in our lives at all, since no child can do anything against the strength and cruelty of adults. However, cases of physical and psychological violence against children still occur in our time, so everyone should know what legal consequences may occur as a result of such actions.

In accordance with Article 156 of the Criminal Code of the Russian Federation, child abuse means not only the use of physical force, but also failure to fulfill responsibilities for raising children and creating comfortable living conditions for them. If a child is deprived of food, basic necessities, or if the child lives in unsanitary conditions, these can all be considered abuse.

The main reasons for such treatment are social in nature.

Cases of child abuse typically occur in neglected or low-income families. In addition, their occurrence is influenced by such factors as the absence of parents of a child permanent place work, the criminal history of one of the family members, the child’s parents’ abuse of alcohol or drugs, the low level of culture of family members, and much more. If several of these factors are present in a family, the risk of child abuse increases significantly.

What is child abuse?

The inadmissibility of child abuse is enshrined at both the international and national levels. Thus, according to Article 19 of the Convention on the Rights of the Child, all parties to the convention, which includes Russia, must take all possible measures to protect children from any form of violence.

As for domestic legislation, liability for committing such actions is provided for in many areas: criminal law, family law, administrative law and others.

Abuse includes the following:

• beatings and other physical force;
• depriving a child of food, water, and using other forms of abuse;
• using threats against a child;
• insulting a child and harsh criticism towards him;
• neglect of the interests of the child, humiliation of his dignity.

These are the main, but not all, examples of abuse.

The consequences of these actions for children can be very dire.

For example, they can manifest themselves in the formation of negative life attitudes, in delays in physical and mental development, in a decrease in learning ability, in a loss of respectful attitude towards adults, as well as in serious changes in the psyche that will be almost impossible to correct in the future.

Responsibility for child abuse under Article 156 of the Criminal Code of the Russian Federation

Article 156 of the Criminal Code of the Russian Federation defines criminal liability for non-compliance (or improper execution) responsibilities for raising a child by his parent or other person entrusted with the relevant functions. This could be a teacher, teacher or other employee of an educational organization or any other medical or social institution.

In accordance with this article, criminal liability arises if cruel treatment of children is combined with failure to fulfill the duties of raising them. In this case, cruel treatment must be expressed in the commission of deliberate actions against the child.

Thus, if a child is subjected to beatings that do not entail a serious health disorder, the actions of the perpetrators must be qualified under Article 156 of the Criminal Code of the Russian Federation.

But if the child’s health is damaged serious harm or harm of moderate severity, such actions may require additional qualifications.

Article 156 of the Criminal Code of the Russian Federation provides for the imposition of a fine in the amount of up to 100 thousand rubles, or in the amount of the salary or other income of the convicted person for a period of up to one year.

In addition, committing actions falling under Article 156 of the Criminal Code of the Russian Federation may be punishable by compulsory labor for up to 440 hours or correctional labor for up to two years. In this case, the guilty person may be deprived of the right to occupy certain positions or perform certain types activities for three to five years.

Parents have the right and must raise their child, as well as take care of him and provide him with everything necessary so that he grows up to be a healthy and decent person. If these duties are not fulfilled by the latter, in addition, they cruelly treat their child, deprive them of water and food, intimidate them, lock them in one’s home, then in this case these persons are subject to punishment under Art. 156 of the Criminal Code of the Russian Federation. Other citizens who are involved in raising a child legally, as well as teachers, may also be held liable under this article. educational institutions, employees of medical organizations, if they do not fulfill their duties in supervising a minor and abuse him.

How it manifests itself

Art. 156 of the Criminal Code of the Russian Federation states responsibility for the improper fulfillment by parents of the duties of raising a child, but only if this is accompanied by rough and cruel treatment of him. Because as a result of such misconduct the normal mental and physical development of the minor is disrupted. It is worth noting here that other persons who are involved in raising a minor instead of legal representatives, as well as pedagogical and medical workers organizations if they do not supervise the child and abuse him.

The crime specified in Art. 156 of the Criminal Code of the Russian Federation is considered intentional. However, it is a minor crime.

When a perpetrator shows cruelty towards a child, he is always aware of the illegality of his actions. In addition, the attacker is not even stopped by the fact that the minor, due to his helplessness, will not be able to resist him.

Compound

In order to prosecute a person for the crime specified in Art. 156 of the Criminal Code of the Russian Federation, it is necessary to have two main features:

Failure to fulfill responsibilities for raising a child;

Abuse of him.

Therefore, it is possible to qualify this crime only if two such conditions are present. If the culprit does not properly fulfill the responsibilities of caring for the child, does not educate him and does not show due care, then he is subject to administrative liability.

The crime provided for in Art. 156 of the Criminal Code of the Russian Federation, has the following composition:

The subject here will be a parent or other person caring for a minor, an employee medical institution, teacher;

The objective side is manifested here in the form of failure to fulfill the responsibility to raise a child and cruelty towards him (deprivation of clothing, food, drink, mental influence and humiliation);

The subjective side always has only direct intent, because the perpetrator wants negative consequences to occur;

The object will be the normal development of the child, both mental, physical and spiritual.

Sanctions

Failure to fulfill the duties of raising a minor by his parents or other people who live with the child in legally, as well as teachers and employees, if a minor is under their control, if he is ill-treated, he must be punished in accordance with the code of atrocities. Sanctions provided for in Article 156 of the Criminal Code:

A fine in the amount of one hundred and fifty thousand rubles or deduction from earnings for up to a year;

Mandatory (up to 440 hours), corrective up to 2 years of work;

Imprisonment up to 3 years and possible additional punishment(in the form of a ban on activities related to the development of children under 5 years of age).

This crime falls into the category light weight. However, if a child has suffered greatly at the hands of adults and his health has been seriously harmed, then the punishment must be imposed based on the totality of the crimes.

Important

IN in this case the victim can only be a minor who, due to his age, cannot use all the rights granted to him and is not able to take care of himself. It is the interests of such a citizen that are violated by adults who, for personal reasons, show cruelty to him: they deprive him of water, food, clothing, care, sleep and rest, and also humiliate his personality and human dignity by other methods, which prevents him from growing and developing normally. .

Criminal Code, N 63-FZ | Art. 156 of the Criminal Code of the Russian Federation

Article 156 of the Criminal Code of the Russian Federation. Failure to fulfill obligations to raise a minor (current version)

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.

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Commentary to Art. 156 of the Criminal Code of the Russian Federation

Judicial practice under Article 156 of the Criminal Code of the Russian Federation:

• Decision of the Supreme Court: Determination N 88-APU17-9SP, Judicial Collegium for Criminal Cases, appeal

  Maltseva D.I., unconvicted, was acquitted of the charge of committing crimes under paragraphs “c, d”, part 2 of Art. 105, paragraph “c”, part 2, art. 112, paragraph “g”, part 2 of Art. 117, art. 156 of the Criminal Code of the Russian Federation in accordance with paragraph 2, 4, part 2 of Art. 302 of the Code of Criminal Procedure of the Russian Federation in connection with non-involvement in committing crimes on the basis of an acquittal verdict passed by a jury...

• Decision of the Supreme Court: Determination N 53-O17-1, Judicial Collegium for Criminal Cases, cassation

  Requests that his complaint be investigated and his actions reclassified; also asks to be released from criminal liability under Art. 156 and paragraph “g”, part 2 of Art. 117 of the Criminal Code of the Russian Federation due to the expiration of the statute of limitations for criminal prosecution. In objections to the arguments of the complaint of lawyer M.N. Korshunov, state prosecutor Kharin SP. I do not agree with the arguments set out in the cassation appeal and asks that they be left without satisfaction...

• Decision of the Supreme Court: Determination N 85-APU17-1, Judicial Collegium for Criminal Cases, appeal

  Explains that S began to eat potato peelings at will, although she was not hungry and no one forced her to such actions. Believes that when qualifying her actions under paragraph “e” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, qualification under Art. 156 and paragraph “g”, part 2 of Art. 117 of the Criminal Code of the Russian Federation is redundant. She believes that when sentencing her, the court should have applied the provisions of Part 2 of Art. 14, part 6 art. 15, art. 61, 64, 75, 82 of the Criminal Code of the Russian Federation and recognize as mitigating a number of circumstances that they did not take into account in this capacity...

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