Stories have repeatedly flashed in the media about how families raised other people's children for a long time and did not notice it, learning the truth only after many years. How is this possible? Most often, this is a mistake made by maternity hospital staff. Especially in those medical institutions where the mother and newborn are not allowed to stay together. But substitution can also be made intentionally. The criminality of such an act is established by a special article of the Criminal Code of the Russian Federation for the substitution of a child - 153.
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Article 153 of the Criminal Code of the Russian Federation “Child substitution”
Protection of the family and children's rights at the legislative level
The only reason why a child can be taken away from the family is some kind of abuse (physical, mental violence, lack of education, etc.).
All other situations are illegal. And some of them even fall under the Criminal Code.
Child substitution concept
Child substitution is considered a form of illegal separation of children from their families.
The Criminal Code of the Russian Federation provides for such an act in Article 153. At its core, this crime is the replacement of one child with another. At the same time, the culprit believes that identifying children by visual signs will be impossible.
The victims are the parents and the child. Mostly - newborn children who do not have pronounced external differences. Mothers, in turn, after childbirth are often in a state of psycho-emotional stress, so they may simply not remember their child. In this regard, the crime is usually committed within the first days after the baby is born.
It is necessary to distinguish the replacement of children from a similar crime - abduction. In the first case, the perpetrator provides another baby, believing that no one will notice his actions. In the second case, the criminal simply seizes the minor from his parents.
Corpus delicti
The substitution of children encroaches on social relations related to the interests of the family. The right to cohabitation of an infant with his parents, guaranteed at the international and domestic level, is violated.
The crime belongs to the category of formal, that is, it does not matter whether there were any consequences for the child himself or his family. It has been completed since the immediate replacement.
| Compound | Definition |
| An object | Family interests, relations regarding the protection of motherhood and childhood |
| Objective side | Replacing one child with another |
| Subjective side | Direct intent, as well as the obligatory presence of a selfish (other base) motive |
| Subject | Any person over the age of 16 |
Interesting!
At the station 153 subject is general, and not special, as some believe. Both doctors, relatives, and strangers can replace the baby. It is worth noting the presence of a specific motive specified by the legislator. The offender must be motivated by selfish or base motives when committing a crime.
How officials propose to protect maternity hospitals from substitutions
The Ministry of Health of Tatarstan plans to introduce know-how in maternity hospitals - in order to identify children, attach special bracelets and medallions with individual information to them at birth.
Thus, the ministry expects to eliminate cases of substitution of children in maternity hospitals. The reason was last year’s incident when newborns were mixed up in Naberezhnye Chelny. The head of the republic, Rustam Minnikhanov, reacted to it, after which the healthcare system underwent a personnel purge. Read more
Features of intent
To qualify a substitution under Art.
153 it is necessary to determine what the legislator understands by selfish and base motives. Selfish motive is the desire to make a profit for one’s action or to get rid of material costs. This is the motive behind doctors who replace a baby for money, as well as parents who abandon a sick newborn in favor of a healthy one in order to avoid spending on treatment.
Base motives are any other motives, the essence of which contradicts generally accepted moral standards, for example, revenge, envy, hatred, etc.
Substitutions in maternity hospitals: what to do and how to continue living?
According to unofficial statistics, in Moscow alone there are 4 substitutions for every 10,000 births. Often the fact of child replacement remains a secret. But even when it is proven, it is not easy for affected families to protect their violated rights.
In accordance with Russian legislation, affected parents have the right to demand that the perpetrators be brought to criminal liability under Art. 153 of the Criminal Code or under Art. 293 of the Criminal Code. However, the statute of limitations for both articles is 6 and 2 years, respectively. Due to the fact that the fact of child substitution often becomes known much later, it becomes impossible to bring the perpetrators to justice under these articles.
However, this does not deprive families of the right to file a civil claim for compensation for moral damages. Unfortunately, the courts are reluctant to satisfy the claims of victims in full, despite the obvious moral suffering and life-long mistakes of the perpetrators. For example, in the regional center of Mtsensk, Oryol region, on April 6, 2009, the court made a decision in the case of child substitution to collect compensation for moral damages in the amount of 150 thousand rubles from the maternity hospital in favor of the plaintiff’s family. As compensation for the shock experienced through the fault of the doctors, the plaintiffs demanded to recover 1 million rubles from the maternity hospital. The deputy prosecutor of Mtsensk announced that the confusion in the maternity hospital was thoroughly investigated, and the guilty nurse was fired. To criminal liability under Art. 293 of the Criminal Code they could not attract her, since she was not an official. Art. 153 of the Criminal Code was also not subject to application: intent in her actions was not established. For almost two years, Russian and Chechen families did not even suspect that they were raising other people’s children. Anna sounded the alarm when her son’s maternity hospital tags accidentally caught her eye. One of them had Zarema's name on it. Anna managed to find her family, after which she offered to exchange children, but Zarema refused to believe that they were mixed up. To take her son from Zarema, Anna had to spend six months on trials and genetic examinations. The court ordered the children to be handed over to their biological parents. After a year and 8 months, the boys were returned to their real families and their documents were changed, and their names were also returned, to which they had not immediately become accustomed.
However, families do not always agree to subject their children to repeated stress and return them to their biological parents. The story of the families of Yulia and Naimat, who became victims of the negligence of maternity hospital staff, is a striking example of this. On December 17, 1998, 2 girls, Ira and Anya, were born in the maternity hospital in the city of Kopeisk (Chelyabinsk region). After 12 years, the girls’ parents found out that they were not raising their children. 4 years after her divorce from her husband Alexei, Yulia tried to collect alimony from him for her daughter Ira. In court, the ex-husband denied any relationship with the child and refused to acknowledge the claim. The court ordered the parents to undergo a DNA test, which showed that Ira is not their natural daughter. In response to her application to the prosecutor's office to initiate a criminal case, Yulia received a negative response due to the expiration of the statute of limitations, although the maternity hospital midwife, who accidentally mixed up the children 12 years ago, did not deny her guilt. However, in the maternity hospital log, the investigator managed to find the name of her roommate, whose daughter was born 15 minutes earlier. Naimat’s father received the news about the child’s replacement with suspicion, however, when he saw Ira’s photo, he immediately realized that she was his real daughter. Having met with their own children, the parents decided to tell them everything, making it as painless as possible. They explained to the girls that no one was going to change them, that now each of them had another family and sister. Now both families have filed a lawsuit in the Kopeysk City Court. Each family estimates the moral suffering caused by doctors' negligence at 5 million rubles. “At first we discussed - a million for each year of raising children, but we were told - don’t make people laugh, give at least half. This is where this amount came from. Children are 12 years old, they divided it in half, and they reduced it a little. Naturally, most likely no one will award us that much,” Yulia comments on her lawsuit. The maternity hospital believes that the public apology made to the families is enough to put an end to this story, but does not recognize the lawsuit, citing a lack of funds.
It is worth noting that when considering similar claims abroad, the courts demonstrate a generosity unknown to Russia. Thus, in Warsaw, due to a medical error when discharging children from the hospital at the age of 2 weeks, identical twins ended up in different families, and a third girl also ended up in someone else’s family. The truth was revealed 17 years later, when two very similar girls were introduced to each other by mutual friends. The similarity was not only external - even tastes and gastronomic preferences coincided. DNA analysis confirmed that they are sisters. For the substitution of children, a Polish court awarded compensation for moral damage caused to three families in the amount of 339 thousand euros for each. This compensation became the largest in the world in this category of cases.
Another case occurred in Argentina. 6 years after the birth of the children, families from the city of Concordin learned from employees of the hospital where the babies were born that their children were mixed up. Both couples went to court, demanding compensation for moral damages from unscrupulous doctors, which was estimated at 25 thousand euros. The judge considered the demands fair and was ready to satisfy them. However, he asked what the families were going to do with their children, and, having learned that they were not going to change anything, the judge reduced the amount of compensation to 2 thousand euros, considering that the suffering of the families was less severe than stated.
Unfortunately, injured parents are not always able to find their natural children. In a hospital in Kuri (Korea), upon discharge, a nurse gave someone else's baby to a woman. During a routine examination of the family, a blood test showed that the girl’s group (II) did not match the group of her parents (III). The mother's suspicions about the substitution were confirmed by DNA results. The court ruled that the maternity hospital must compensate the parents of the confused child for moral damages. The amount of compensation was 56 thousand dollars. But it was no less important for the family to find their natural daughter. The court rejected this request from the parents, citing the inviolability of the personal data of other clients of the medical institution.
Criminal liability
Article 153 of the Criminal Code of the Russian Federation for the substitution of a child has only one part.
As punishment for the act, the offender may be sentenced to imprisonment for up to 5 years. The court also obliges him to pay a fine of up to 200 thousand rubles or his income for a period of up to 18 months. Important! If an official is guilty, for example, the head of a maternity hospital or maternity ward, then his act will be classified as a combination of crimes: replacing a newborn and exceeding official authority (Article 286). Download for viewing and printing: Article 286 of the Criminal Code of the Russian Federation “Excess of official powers”
Fatal incident in Chelyabinsk
The fatal incident occurred more than 30 years ago in a maternity hospital on Timiryazev Street in Chelyabinsk. The mothers of the switched girls had similar surnames - Tuganova and Tuligenova. Women in labor felt that their daughters had been replaced. However, doctors did not listen to their words, attributing the anxiety to postpartum stress. As a result, Zoya Tuganova’s real daughter Lucia grew up in Bashkiria. The girl ended up with a rural family. The appearance of a girl of Slavic appearance in a Bashkir family gave rise to a lot of gossip. As a result, Lucia’s stepfather went to prison - according to rumors, for the murder of a Russian man, whom the villagers named as the girl’s alleged father. But the mother mentally could not stand the situation and was later deprived of parental rights for drunkenness. Lucia, as a teenager, ended up in an orphanage and grew up in terrible conditions. Katya, meanwhile, was also raised by someone else’s family. The substitution was discovered in January 2017 after a DNA test. Having learned the truth, the Chelyabinsk residents were truly shocked. At the end of last year, 70-year-old Zoya Tuganova, Catherine’s stepmother, achieved compensation in the amount of one million rubles. The direct victims of medical error also decided to seek justice in court.
Arbitrage practice
Replacement d
This can be carried out either accidentally or criminally.
D. held the position of head physician of the maternity ward, where a close friend of the woman, girl S., was admitted with contractions. During childbirth, S. experienced serious difficulties, which led to the death of the newborn. D. personally delivered the baby and suggested to her friend that she replace the dead baby with a healthy one who was born in the next room. D. herself changed the children and also made appropriate changes to the documentation.
How children are replaced
The most common method of substitution is the substitution of babies in the maternity hospital.
Accordingly, it is carried out by employees of a medical institution - midwives or nurses. It is easiest to carry out such a fraud, since newly born children often do not have any distinctive external features, and in general, they may not always resemble their parents.
There are even cases when a newborn is changed to a child of a different gender. However, this is only possible if the mother did not receive ultrasound results and was under anesthesia during childbirth (for example, during a cesarean section).
A crime of this kind can be committed outside the maternity hospital. So, for example, a scam can be carried out to replace a stroller if it is left unattended in some public place.
It is important to understand that the replacement of a newborn must necessarily be accompanied by the fact that in its place there will be another child, a stranger to the given family. If it is stolen unilaterally, then this will already be regarded as kidnapping. Accordingly, such an atrocity is secret, and it is understood that a replacement will not be discovered. And if it does, it won’t be very soon.
How to avoid substitution?
To avoid becoming a victim of a crime or an accident, you must follow a few simple rules:
- Partner childbirth allows the spouse to control everything that happens from the outside, observe the actions of doctors, as well as all the movements of the newborn;
- It is better to choose a maternity hospital where wards are equipped for permanent joint stay of mother and baby;
- carefully examine your baby, highlight characteristic features such as ear shape, hair color and quantity, growth line;
- If in serious doubt, request testing.
Advice!
Modern communication devices, even the simplest ones, allow you to take photographs. If you are afraid of replacing your newborn and doubt that you will be able to remember and recognize him, take some photos or videos. Video about Article 153 of the Criminal Code
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What is the crime
In the case of child substitution, the crime will look like this:
The object of this offense will be the family’s right to non-interference in its internal affairs, as well as the child’s right to know his own parents, live with them, and receive education and care from them.
The objective part of the crime is expressed directly in the fact of child substitution . As mentioned above, this implies introducing one child for another, that is, in return the criminal must leave his own or another child.
In fact, replacing one child with another is possible only in infancy, because parents must barely know him so as not to immediately suspect the substitution.
The crime will be considered completed the moment the substitution is made.
On the subjective side, there must be malicious intent, expressed in the form of a selfish motive. Substitution due to negligence is not subject to this article.
The subject of a crime can be any sane citizen who has reached the age of sixteen. This could be medical staff, the parents of another child. If the crime is committed by the head of a medical institution, the offender may incur double liability as provided for in the criminal code.
Most often, substitution is detected through a DNA test. Parents resort to this procedure when they suspect that the child is too different from them.
In judicial practice today there are no precedents for passing a sentence under this article, since it is almost impossible to establish whether the substitution was made intentionally or whether it happened by accident. However, the phenomenon of substitution itself is not uncommon.
For example, such grief overtook a family from Kopeisk. It turned out that the parents had been raising someone else’s child for thirteen years. This became known when the couple was getting ready to divorce (precisely because the daughter was not at all like her father), and the wife of the family, in order to prove her innocence, decided to conduct a DNA test. However, shocking news awaited them: the girl really turned out to be not her own.
As a result, the real children of the two couples were found, but it was not possible to prove the guilt of any of the medical staff. The families had to be content with the financial compensation that was given to them by court decision. Money is money, but the parents of both families received moral trauma for life.
Scandal in Kopeisk
In 2011, in the South Ural city of Kopeisk, another case of child substitution was revealed. It turned out by chance that in 1998, two newborn girls were mixed up in a local maternity hospital. Young mothers Yulia Andrushchak and Lena Andrikova gave birth to babies 15 minutes apart. Doctors accidentally switched newborns.
I'm called Dunno
Where do children with unusual names come from?
Julia named her daughter Ira, Lena - Anya. The truth was revealed after Julia’s divorce from her husband Alexei. The man said that he did not believe that Ira was his daughter. He went to prison, and the couple divorced in 2007. Alexey refused to pay child support to someone else's child. And a DNA test showed that Ira is, indeed, not Yulia’s biological daughter.
Lena, when Anya was born, was married to Naimat, originally from Tajikistan. The wife did not notice the substitution. The couple later separated. Anya lived with her father for some time - just a few kilometers from her real home. Having learned the truth, Anya and Ira were shocked, but did not leave their families. Naimat and Yulia filed a lawsuit, which ordered three million rubles to be paid to the affected families. Later, Anya went to live with her mother Yulia.
Neighbours
Two years ago, another incredible story shook the world. Two Canadian residents, Leon Swenson and David Tate, decided to take a DNA test and were surprised to discover that they had been mixed up in the maternity hospital 41 years ago. The men were born in the same hospital in 1975, three days apart. It is noteworthy that all their lives they were neighbors and communicated with each other, suspecting nothing. When the truth was revealed, the men almost burst into tears and said that they would now communicate as “one big family.”
