My son was beaten at school. The child was beaten at school: what to do? How to punish a bully who beat your child

When studying in secondary educational institutions, conflict situations often arise not only with the participation of students, but also often with the participation of teachers. Such conflicts are perceived as stressful situations, which does not favorably affect the emerging psyche of the child.

This publication will explore the issues legal impact on persons who are guilty of beating a child, to study the nuances of applying to law enforcement for the purpose of filing a complaint on the fact of beatings.

Where to turn if a child is beaten at school?

The course of action if a child is beaten at school can be determined depending on the person from whom the conflict emanates.

If the instigator is another student of the school, then the methods of influence are more diverse and democratic than in a conflict involving a teacher.

Important! The easiest way to try to resolve such a situation is to conduct a preventive conversation with the participation of both parties to the conflict and their parents; you can also involve a teacher-psychologist, who should be in every school, in this event.

In practice, such a conversation is organized as follows: parents whose son was beaten submit an application to the director with a request to hold such an event and set a date and time for it. Usually the most conflict situations are brought to the level of the school principal, less conflict situations are resolved directly with the participation of class teacher.

Important! If such conflict situations occur periodically and the preventive conversation did not lead to the desired results, then it is necessary to apply with a statement on this fact to the commission on juvenile affairs under the local administration.

The application should indicate the problematic situation with a request to call the parties to the conflict for a preventive conversation. Usually, if such a conversation does not help, the child - the instigator of the conflict is registered as a dysfunctional minor. This is fraught with periodic checks by the commission and calls for conversations.

If the situation is extraordinary and the child has suffered significant bodily harm, then it is necessary to contact the police with a statement on this fact. And although if the child is under 16 years old, there will be a refusal to initiate a criminal case, however, the commission on juvenile affairs will have a serious conversation with the parents, perhaps even involve them in administrative responsibility behind improper execution parental responsibilities, will register the family and will periodically check.

Important! Material damage and non-pecuniary damage caused illegal actions the child can be recovered from the parents.

In practice, an appeal to the commission on juvenile affairs is enough to subdue an extremely frisky child. If a child has been beaten by a teacher, there are also several options for applying for the protection of the rights of the child.

If you are quite loyal to this situation and the beatings are insignificant, then you can apply to the director with a statement about holding a preventive conversation with the participation of the parties to the conflict. If the conversation did not bring results, then you need to contact law enforcement agencies on the fact of beating the child. More details about the procedure for filing and considering such an application will be discussed below.

There is also the option of influencing the teacher by initiating the procedure for his dismissal, since the fact of violence against the student is the basis for such dismissal. With such a statement, you can contact the director or directly to the department of education.

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Complaint about beating a child at school

The procedure for filing and considering an application for beating depends on the number of facts of incidents. If the beating took place once, then we are talking about the corpus delicti of “beating”. If they are beaten systematically, then these acts fall under the composition of "torture".

Important! If you file a statement on the fact of beating, then it can be filed both with the police and immediately directly with the court.

If all the personal data of the teacher are not completely known, then in practice they turn to the police, the police officers take measures aimed at identifying the perpetrator, and then transfer the materials with the indictment to the court. In this category of cases, the period of inquiry may not exceed 1 month. Before bringing the case to court, the interrogator asserts indictment at the prosecutor. The latter has the right to approve the indictment or return the criminal case for additional inquiry.

If the personal information of the perpetrator is known, then the victim (in this case his legal representative) has the right to send a statement on the fact of beatings directly to the Magistrate's Court.

Important! The application is sent to the court with copies according to the number of perpetrators. This document must indicate that the applicant is notified of criminal liability for knowingly false information.

The statement states:

the name of the court and its address;
the event of the crime, its time, place and circumstances of its implementation;
request for acceptance of materials for production;
personal data of the victim, his passport data;
personal information of the suspect;
list of summoned witnesses;
applicant's signature.

Important! Torture is not a matter of private prosecution, unlike beatings, the prosecution is public in nature, therefore, a criminal case is initiated not only at the request of the victim (legal representative), but also on the basis of documents on the identification of signs of a crime (for example, a report).

An application to the police department on the fact of this crime is sent in any form, but it should clearly indicate the contact and passport details of the applicant, describe the event of the crime (date, time, place, alleged offender) and make a note that the applicant has been notified of that a false denunciation entails liability under Article 306 of the Criminal Code of the Russian Federation. A statement may also be made orally to a police officer, which is recorded in the protocol. Specified Document signed by the applicant and the person who accepted the application (drawing up the protocol).

Based on the results of consideration of the application, a criminal case is initiated within 3-10 days or a decision is made to refuse to initiate a criminal case. The latter can be appealed to the prosecutor's office.

ATTENTION! In connection with latest changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.

Every morning we gather children to school, share with them the joy of victories and the tears of failures. But not all children develop good relationships with their peers. “What should I do if my child was beaten by a classmate?”, “Is it possible to protect children from beating by peers?” - such questions concern many parents who come face to face with children's aggression.

What threatens children who beat a child at school?

Speaking about any crime committed against a child, we directly relate to criminal liability. But what if the same child acts as the culprit?

By Russian legislation a person falls under criminal liability upon reaching the age of 14-16 and only for committing grave and especially serious crimes(Articles 111 and 112 of the Criminal Code of the Russian Federation).

But, unfortunately, it is in this age period that children commit most offenses and crimes.

Different degrees of responsibility for the committed act are borne by the participants in the fight (more precisely, the initiator), their parents or legal representatives, as well as the administration educational institution. Parents will be fully responsible for the act if the perpetrator is under 14 years old.

If it is necessary to compensate the moral and material damage to the injured party, this obligation also falls on the parents of a teenager aged 14 to 18 years, if he is not able to do it on his own. Criminal punishment extends only to the perpetrator personally in case of infliction of grievous and especially grievous injuries on them.

What to do if a child was beaten at school: step by step instructions

Every normal parent, having discovered abrasions and bruises in his child received at school, must understand the essence of what happened. This does not mean at all that you need to run to the offender (s), intimidate him or, even worse, “strike back”. We live in a civilized world, so let's learn to solve problems at the diplomatic level.

What to do if children older than 14 years old got into a fight at school?

The first expedient action of parents – examine the child and determine the severity of the injury through a specialist. Still, the main thing is health.

Therefore, it is better to make sure of his condition and only after that to understand the circumstances. Further, where they find out all the circumstances of the situation. As a rule, by the time the parent arrives authorized persons and the opposing party should already be aware of what happened. This is a class teacher, director, inspector of the PDN, parents of the offender.

What if the children who beat your child are not yet 14 years old?

In case the incident is over due to “light” harm or other circumstances, the conflict is resolved by holding an explanatory conversation, especially if the age of the offender has not reached 14-16 years.

Events unfold differently. Often the beaten one himself turns out to be guilty and admits it later. But these are all special cases that require investigation. In addition, it is necessary to keep in mind the fact that “making dirty linen in public” is not in the interests of the educational institution, so you, as legal representatives"victims" will try to persuade them to resolve the conflict peacefully. Sometimes it really is the best way out. In other situations, the intervention of organs is required.

So, if teenagers became participants in the conflict (aggressive party) who have already reached the required age, the issue is resolved differently. Ideally, an accident report is drawn up, which details all the facts of the incident (participants, time, nature of the conflict) and authorized persons put their signatures.

They beat the child. When should beating be removed?

In this case, the second step is to remove the beatings and get official document confirming the fact of the beating.

Further events can unfold in two ways:

Contacting law enforcement agencies.
Reconciliation of the parties.

If the beating was an isolated incident and did not lead to serious negative consequences for health, it is better to do without ships.

Howbeit, trial psychological health will not add. In any case, the culprit will be registered with the PDN. And the opened criminal case can forever spoil the life of a teenager. So such an extreme method of punishment should be resorted to only if other methods do not work. .

In addition, you can submit civil action about reimbursement material damage as compensation for the damage caused.

The first beating is followed by the second. How to be?

If this happened, you do not need to release this case “on the brakes”. Do not succumb to any threats and persuasion from the parents of juvenile delinquents (otherwise they cannot be called). If the first time did not become a lesson for a teenager and registration did not stop him (we are not talking about the conversations of parents), he must be stopped legally.

Parents beaten child write a statement to the police, attaching a new and old certificate of beatings.

In the application, be sure to indicate all the circumstances known to you regarding this case. Also explain the first incident (if necessary) and state your requirements.

If the beating is repeated, then a criminal case will be opened. Next is the court and its decision.

The court may appoint the following types punishments:

Penalties.
Correctional work.
Restriction of freedom or its deprivation.

How to be further?

A serious question remains: "What to do after the incident?".

Try to temporarily protect the child from the offender . Depending on the age and situation, the option of meeting from school is possible. But you need to be careful with your child. Your concern should not look like pity or disbelief in the ability to solve your problems on your own. Moreover, you are not able to constantly accompany your child.

The most important thing: the child must know that he is protected, that his parents will help him in any situation. IN otherwise he can shut himself up. It will develop into a mental problem. Just let him know that he is dear to you, that if necessary, you will definitely stand up for him.

If the incident is in the nature of bullying , humiliation, arm your son (daughter) technical means, thanks to which he can record or remove the fact of humiliation.
Often, as a result of such unpleasant stories, the mental state is disturbed. children, so a consultation with a psychologist will not hurt. It will help both you and your child cope with feelings such as: fear, panic, self-doubt.

Dear parents, remember that only you can change the situation. . Do not fence yourself off from the world, solve problems together, involve the class teacher, the school administration, and the offender's parents in this. There are no hopeless situations! Aggression is inherent in many schoolchildren today. Hence the persecution of classmates each other. The problem is big enough to ignore.

Communicate with your children, be interested in their school life, friends and classmates. Listen to what your child is trying to tell you, do not brush him off with busyness and more important things.

Remember: nothing is more important than children's health and happiness . Believe in them and then they will believe in themselves. Form a harmoniously developed, strong and courageous personality, ready to stand up for himself and for a weaker comrade.

Conflict situations and fights in childhood and adolescence are far from uncommon, but most of them affect the child's psyche, having the most adverse effect on its formation. Therefore, parents need to know all the ways to protect their son or daughter, as well as what to do if the child is beaten at school.

The algorithm of actions of parents is primarily determined by the current situation and circumstances (participants in the conflict, instigators, severity of beatings, accompaniment by bullying, etc. are taken into account).

The procedure for eliminating a one-time conflict in the absence of serious damage to the health of the injured child

In case of a one-time conflict, the absence of serious damage to the health of the child, and if the parents are loyal to the situation, you can start by contacting the school principal by submitting an application with a request to take measures to prevent such situations in the future.

The reaction to this statement will be to invite the parents of both parties to resolve the situation, the class teacher and the school psychologist, whose participation in the future may be needed to help reconcile the children and influence the instigator in order to explain to him the inadmissibility and danger of such behavior.

What to do if the child is beaten regularly

If the preventive measures taken by the school administration did not lead to the desired result, and the child is constantly beaten at school, then it makes sense to write a statement to juvenile commission asking them to take appropriate action. Often, one conversation with representatives of this commission is enough for both an aggressive child and his parents to appreciate the seriousness of the situation, not allowing assault at school and beyond again. If it doesn’t help, the aggressive student is registered as unfavorable, with special educational work being carried out in the future.

What to do if the beating caused damage to health

If the beating at school resulted in injuries and severe bodily injury then urgent action must be taken. In this case, you need to call the police to the scene and medical worker(school doctor or ambulance team). If it is impossible to do this, it is necessary to require the school administration to draw up an act of the incident, which indicates:

date and time of the fight;
persons who participated in it;
consequences;
special circumstances (if any);
FULL NAME. employees of the institution who witnessed the fact of the event.

Next, go to the nearest medical facility and record the fact of damage to the health of the student, indicating the degree of their severity. What the parents of a child who was beaten at school should do next depends on what they want to achieve as a result:

just be held accountable beating the offender under the Criminal Code of the Russian Federation, which is possible when he reaches the age of 16, in order to prevent such behavior in the future (in this case, it is enough to file an application with the local police department);
in addition to punishing the offender, receive compensation for the moral and physical harm caused to the child (in this case, an additional claim is filed in court for damages).

In what case can you expect to be held criminally liable for a fight at school?

In most cases, only persons who have reached the age of sixteen are brought to criminal responsibility, but for articles relating to the intentional infliction of harm to health, punishment is possible starting from the age of 14. The amount of liability depends on the severity of the harm:

under article 115, punishment is provided for beating that caused slight harm(with disability less than 21 days);
under article 112, punishment is provided for intentional infliction of harm moderate(more significant injuries and the need for treatment longer than three weeks);
Article 111 provides for punishment for causing grievous harm(with the loss of an organ or a violation of its function, with a complete loss of ability to work, which caused a nervous breakdown, etc.).

How to report an accident to the police

About the fact that the child was beaten at school, a statement to the police is written in free form, but it is very important not only to comply with the requirements for this document details and include the following information:

the name of the institution to which the appeal takes place (police department or court, address);
information about the applicant (passport data, contacts);
request to accept materials for criminal proceedings;
a description of the event that occurred (when the child was beaten at school, the number of the institution, who committed the beating, what consequences and what documents testify to this (this is written above));
at the bottom you need to make a note that you are informed of the liability provided for a false denunciation.

Important! An allegation that a child is being beaten at school can also be made verbally. Then your testimony will be recorded by the defender of law and order in the protocol, with the obligatory signature of the person who applied and drew up the document.

The decision to open a criminal case or refuse to initiate it is made within three to ten days.

How to win a battery case in court

Now you know what to do when a child is beaten at school, but you should also consider that the offender's side will definitely involve a professional defender (lawyer). So if you want to end the beatings, bring the perpetrator to justice, get monetary compensation personal injury, be sure to contact an experienced lawyer yourself. Even despite the apparent preponderance of evidence, in practice, legal support is indispensable.

Criminal liability is an exclusively personal measure of punishment, but if a child who severely beat another student does not yet fall within the age range and is released from it, then monetary compensation for damage to health can be obtained. The court will oblige her parents to pay for the one who committed the beating.