ST 156 of the Criminal Code of the Russian Federation.
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 accompanied by cruel treatment of a minor, is 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 forty hours, or by correctional labor for a term 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 Criminal Code
1. The objective side of the crime is expressed in the form of inaction, since those specified in Art. 156 of the Criminal Code, persons either do not fulfill at all or do not properly fulfill their duties in raising a minor.
2. Failure to fulfill or improper fulfillment of upbringing responsibilities must be coupled with cruel treatment of a minor, which can be expressed both in physical and mental violence, and in the use of other unacceptable methods of education that do not involve violence.
Physical violence consists of beatings, restriction of freedom, torture, and causing any degree of harm to the health of a minor. The commission of any violent crime is more serious than that provided for in Art. 156 of the Criminal Code, and always requires qualification based on the totality of crimes. Mental violence can be expressed in humiliation, insult, ridicule, uttering threats, intimidation, bullying, etc. The use of other unacceptable methods of education can manifest itself in deprivation of food, clothing, sleep and rest, failure to provide medical and other assistance, etc.
3. The corpus delicti is formal; it is recognized as completed from the moment of failure to fulfill or improper fulfillment of duties for the upbringing of a minor, coupled with cruel treatment of him.
4. Special subject of the crime: a) parents, adoptive parents, foster parents, guardians and trustees; b) persons obliged to educate a minor in the process of supervising the latter due to professional (official) duties.
Second commentary to Art. 156 of the Criminal Code of the Russian Federation
1. Failure to perform or improper performance of duties means either a complete refusal to fulfill the responsibilities of the perpetrator for raising a child, assigned to him by regulatory legal acts, or such fulfillment (not in full, periodically, etc.) that does not ensure achievement educational goals.
Failure to fulfill or improper fulfillment of responsibilities for raising a minor is not criminal in itself, but only if it is combined with cruel treatment of the child.
2. Cruel treatment is a system of behavior of the perpetrator towards the victim, which is characterized by causing torment and suffering to the child as a result of the use of physical or mental violence and bullying of the victim. It can manifest itself in beatings, causing minor harm to health, threats of violence, mockery, deprivation of food, water, heat, light, etc.
3. The subjective side assumes guilt in the form of direct intent.
4. The subject of the crime is special: parents, adoptive parents, guardians, trustees, adoptive parents, teachers, as well as other employees of educational, training or other institutions required to supervise the minor.
Article 156. Failure to fulfill obligations to raise a minor
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- Article 156. Failure to fulfill obligations to raise a minor
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 accompanied by cruel treatment of a minor,
is 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 forty hours, or by corrective labor for a term 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 on Article 156
Main object
The crime in question is social relations related to ensuring the normal development of a minor and his upbringing, and an additional one is the health of the minor.
At the same time, education is understood as the process of purposeful, systematic formation of personality in order to prepare it for active participation in social, industrial and cultural life. The responsibility of parents and other mentioned persons is not only to educate minors, but also to protect their rights and legitimate interests, as well as to take care of their maintenance.
Objective side
crime is expressed in action or inaction, i.e. in improper performance or failure to fulfill the duties of raising a minor assigned to a person by law, by-laws, including departmental, regulatory legal acts, and in organizations - by internal regulations, coupled with cruel treatment. Liability for inaction is possible provided that the culprit should have and could have fulfilled the duties assigned to him. The ability of a person to fulfill the duties assigned to him is determined by the objective conditions necessary to fulfill these duties, and the subjective, personal qualities of the person (education, qualifications, experience, etc.).
For a completed crime, no consequences are required (formal composition).
The concept of cruel treatment is disclosed in paragraph. 4 paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 10 “On the application of legislation by courts in resolving disputes related to the upbringing of children”: “Cruel treatment of children can manifest itself not only in the exercise 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 (rude, dismissive, degrading treatment of children, insult or exploitation of children)” <1>.
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<1> Bulletin of the Supreme Court of the Russian Federation. 1998. N 7.
Based on the established practice of applying Art. 156 of the Criminal Code of the Russian Federation, Art. 65 of the RF IC and clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 10, cruel treatment of a minor should be recognized as:
a) in itself, failure to fulfill or improper fulfillment of responsibilities for raising a child, committed both through action and through inaction, which by its nature and the consequences caused is of a cruel nature: deprivation of food, shoes and clothing, gross violation of the daily routine determined by psychophysiological needs a child of a certain age, deprivation of sleep and rest, failure to comply with basic hygiene standards (resulting, for example, in head lice, scabies, etc.), failure to comply with doctor’s recommendations and orders for the prevention of diseases and treatment of the child, refusal or evasion of providing the child with necessary medical care and etc.;
b) active actions that grossly violate the basic responsibilities of the subject of educational activities, consisting in the application of unacceptable (in the legal and moral sense) methods of education and treatment to the child and including all types of mental, physical and sexual violence against children.
Within the meaning of the disposition of Art. 156 of the Criminal Code of the Russian Federation, the concept of “cruel treatment” can also cover such actions of parents, educators, teachers who consciously and purposefully encourage or force children dependent on them to use violence against their peers or themselves. In criminal law, such actions are considered as indirect harm to the health of another person, entailing the same legal consequences as in the case of the direct commission of a crime <1>.
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<1> See: Pristanskaya O.V. Application of criminal law norms aimed against cruel treatment of minors // Journal of Russian Law. 2001. N 8.
To qualify under Art. 156 of the Criminal Code of the Russian Federation, failure to fulfill or improper fulfillment of duties to raise a minor in combination with cruel treatment of him should constitute a system of such actions (inaction). If there has been one case of causing harm to health, insult, etc., then criminal liability may arise only for another, specifically committed crime. In cases where the very method of committing a crime under Art. 156 of the Criminal Code of the Russian Federation, forms an independent corpus delicti (torture: for example, systematic beatings or prolonged deprivation of drink, food and sleep, cutting, strangulation, hair pulling, tying up limbs, etc. - clause “d”, part 2 of article 117 Criminal Code of the Russian Federation; leaving in danger: intentionally leaving a seriously ill or in a dangerous condition of a child without help, refusal to provide him with medical care - Article 125 of the Criminal Code of the Russian Federation; causing harm to health - Articles 111, 112, 115 of the Criminal Code of the Russian Federation; sexual encroachment - Articles 131 - 135, etc. of the Criminal Code of the Russian Federation), qualification is required based on the totality of crimes.
A similar approach to the qualification of the act should be in the case when, with systematic blows to the child in the head area, after the next blows are delivered, he loses consciousness and hits his head when falling, and therefore suffers serious harm to his health, then such actions should be qualified by Art. 156 of the Criminal Code of the Russian Federation and the corresponding part of Art. 118 of the Criminal Code of the Russian Federation. Bringing a minor to suicide through ill-treatment is qualified under the totality of Art. 156 and art. 110 of the Criminal Code of the Russian Federation.
At the same time, murder committed with particular cruelty, for example by leaving a child without water and food, does not form a set of crimes, since in such cases cruel treatment is covered by paragraph “e” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation <1>.
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<1> See: Determination of the Supreme Court of the Russian Federation of July 14, 2004 N 58-o04-43 // Bulletin of the Supreme Court of the Russian Federation. 2005. N 3.
From the subjective side
the crime is characterized by direct intent. The perpetrator realizes that he is violating the legal obligation to raise a minor, that he is treating the victim cruelly; he wants to commit such actions and purposefully fails to fulfill his duties in raising a minor. In relation to the occurrence of harmful consequences for the health of a child, the fault may consist of negligence.
Failure to fulfill obligations to raise a minor is a crime committed by a special subject
. Article 156 of the Criminal Code of the Russian Federation, which provides for criminal liability for failure to fulfill the duties of raising a minor, is aimed at ensuring that parents fulfill the constitutional obligation to raise their children and take care of them (Article 38 of the Constitution of the Russian Federation). The responsibility to educate minors and take care of the protection of their rights is assigned to parents, and in their absence or inability to fulfill these duties - to adoptive parents, guardians or trustees, foster parents, as well as to stepfathers and stepmothers, brothers, sisters, grandparents (Article Articles 56, 63 - 65, 93, 94, 150, etc. RF IC).
By teachers, employees of educational, educational (preschool children's institutions, educational schools, vocational schools, boarding schools and educational institutions for difficult children and adolescents), medical or other institutions, we mean primarily teachers, educators, doctors who are obliged to carry out appropriate supervision of minors due to their official duties and professional duties.
Responsibility for the failure of parents or persons replacing them to fulfill the duties of raising and educating children, not involving cruel treatment of them, is provided for in Art. 5.35 Code of Administrative Offenses of the Russian Federation.
