Threat of physical harm to a child: what to do, procedure, rules and sample of writing a complaint

Procedures for stopping bullying at school

If the legal representative of a minor is faced with intimidation of a ward, it is necessary to adhere to the following algorithm:

Find out who exactly is offending him and how;
If a minor has bruises or abrasions, report them to a medical organization;
Convey this information to the class teacher and school management by writing a statement;
Contact the Commission on Minors' Affairs if conversations with the management of the educational organization did not help.

If the intimidation came from high school students who have reached the age of criminal responsibility, the parent has the right to contact the police with a statement.

Priority actions

First of all, you need to find out from your son or daughter exactly who is intimidating him and how. This information must be conveyed to the management of the educational institution and the class teacher.
To do this you will need to write an application. The document can be drawn up in free form, but it is important to indicate the following information:

Full name of the director in whose name the document is drawn up;
information about the applicant;
information about the student;
a detailed description of the current situation with the reflection of the full name of the persons who promised to cause injury;
a request for measures to be taken to stop such behavior;
date and personal signature.

In most cases, bullying is stopped at this stage, since the educational organization does not want information about the situation to be spread outside the school.

Meetings will be held with parents of problem students and conversations with the involvement of a psychologist.

Advice! To reassure the child and provide psychological support, you should meet him from school the first time. If the minor is in high school and does not want such care, “casual” meetings with relatives after classes can be organized.

Appeal to the Commission on Minors' Affairs

If an appeal to the school administration does not bring the desired result, it is advisable to write a complaint to the commission on juvenile affairs. The text of the document must also indicate:

information about the applicant;
information about the victim;
data of offenders;
a detailed description of the current situation indicating specific threats;
a request to take measures to curb the negative impact;
date and personal signature.

This measure often produces results, since parents of children who have violated the law do not want the intervention of this body.

Contacting law enforcement agencies

If the above measures do not help, and promises of violence come from high school students, it is advisable to involve law enforcement agencies.
Threat is psychological violence. The legislator has provided measures of influence on violators.

If the threats come from children, you should contact the police department and file a complaint with the Police Department, indicating:

details of the head of the department;
applicant details;
information about the student and the persons from whom the promises of reprisals come;
a detailed statement of the reason for the appeal;
request for action;
date and signature.

If the threats come from adults, the application is submitted to the district police officer or through the duty station.

The document is drawn up in two copies, one of which remains in the hands of the applicant.

If the threats were accompanied by beatings, you must go to the emergency room and record them.

Important! If violence was used against a minor, the police do not have the right to ignore such a complaint. Legal representatives have the right to subsequently recover damages caused by filing a claim in court.

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Child abuse in the family. Respect for the rights of the child to protection from all forms of violence

Raising children requires a lot of strength, endurance and patience from parents. They are brought up differently. Beatings, intimidation, and humiliation are often used even in prosperous families. Parents deprive the child of initiative, communication and the right to choose, explaining their actions by the need to maintain discipline, since other methods of education do not lead to the desired result. Often adults realize that they are going too far.

In dysfunctional families, where the level of culture is lower or the parents abuse alcohol, the situation is much worse - cruelty becomes the norm here.

“...The child, due to his physical and mental immaturity, requires special protection and care, including adequate legal protection both before and after birth and must be protected from all forms of neglect, cruelty and exploitation.”

— excerpt from the Declaration of the Rights of the Child, adopted by the UN General Assembly on November 20, 1959.

Child abuse

- this is physical or mental violence against him.

There are physical, sexual, emotional (mental) violence and neglect of the basic needs of the child.

Physical violence

- this is direct assault: beatings, slaps, bites, burns, shaking (when an adult shakes him violently). According to the Center for Social and Forensic Psychiatry named after. Serbsky, about 2.5 million children under 14 years of age are beaten by their parents, about 50 thousand of them run away from home to avoid another attack. In addition, about 30-40% of crimes occur within the family, 50% of them affect children (they become victims or witnesses of crimes).

Sexual violence

(corruption) - the involvement by adults of minors, with or without their consent, in sexual activities, in prostitution. Showing pornography is also sexual violence.

Psychological abuse

- actions that cause fear in a child, as well as insults, humiliation, rejection, accusations, and violence against people and animals committed in his presence.

Neglecting Basic Needs

- lack of basic care for the child.

Legal responsibility of parents for cruelty to children

Child abuse is a crime, and there are several types of liability for these actions in Russian legislation.

Criminal liability

For all types of physical and sexual violence against children, as well as under a number of articles for mental violence and neglect of the basic needs of children, lack of care for them, criminal liability is provided (Articles 110-113, 115-119, 124, 125, 131 -135, 156, 157 of the Criminal Code of the Russian Federation).

Administrative responsibility

Neglect of the basic needs of a child and failure to fulfill responsibilities for his maintenance and upbringing are subject to administrative liability in accordance with the Code of the Russian Federation on Administrative Offenses (Article 5.35.).

Civil liability

For cruel treatment of a child, parents or persons replacing them are held accountable in accordance with the Family Code of the Russian Federation (Article 69 - deprivation of parental rights, Article 73 - restriction of parental rights, Article 77 - removal of a child if life or health is threatened).

Number of impressions: 4965 Date modified: 08/24/2021 09:29:33

Legislative basis of criminal liability for threats

The legislator establishes criminal liability if a citizen threatens to kill or cause grievous bodily harm in Article 119 of the Criminal Code of the Russian Federation.
In this case, the threat can be carried out in:

verbally, through calls or in person;
written form in the form of letters, messages.

This act is characterized by the following features:

rarely implemented in front of witnesses;
the actions of the threat must be intentional and aimed at fulfilling the promise;
the person threatening may be in an inadequate state;
the person being threatened must perceive and believe promises of harm or loss of life;
the promise of violence is often associated with another criminal act, such as beatings or extortion.

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Article 119 of the Criminal Code of the Russian Federation “Threat of murder or infliction of grievous bodily harm”

This crime causes harm to the mental state of the victim. Therefore, to qualify promises of reprisals under Art. 119 it is important to prove that he took them seriously and feared the consequences.

Video about Article 119 of the Criminal Code of the Russian Federation

What is bullying

Criminal law does not provide for such a thing as intimidation. The closest to it in composition are the actions provided for in Art. 119 of the Criminal Code – threats of murder or physical harm. Such a threat is the intention expressed towards the victim to cause harm to his life and health, regardless of the method of causing such harm, provided that such a threat is perceived by the victim as real.

The form of expression of the threat does not matter - it can be expressed verbally, in writing, through gestures, voice messages or messages transmitted through third parties and other means. The absence of verbal expression does not mean that the threat did not exist - intimidation can be expressed in the form of a display of weapons.

Note!
Intimidation can be carried out in single actions or repeated systematically. If the method and form of the threats are identical, such a crime is considered continuous.

To bring a criminal to justice, the purpose of expressing threats and intimidation, whether the criminal has intentions to implement them, the requirements that determine the threats and other circumstances are not of key importance. It is important that the intention to cause harm is expressed in relation to a specific person. A threat to an unlimited number of persons is not a threat of murder in the context of Art. 119 of the Criminal Code, and such a person perceived such a threat as real. But the victim’s opinion alone that the threat is real is not enough. The reality of the threat and the perception of it as dangerous by the victim is assessed taking into account:

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the circumstances under which it was expressed;
relations between the parties;
stated requirements;
public danger of the criminal;
violent actions on the part of the criminal and other factors indicating the perception of the criminal’s intentions as real.

Note!
If a criminal commits actions aimed at bringing his threats to life, such actions are qualified under other articles of the Criminal Code, in particular under Art. 105 or 111 of the Criminal Code.

Punishment for bullying

According to Art. 119 of the Criminal Code, the main and qualified elements of a criminal offense related to intimidation and threats to life and health are identified. The main composition assumes the presence of a threat that is perceived by the victim as real. Depending on the severity of the consequences and the social scope of the offense, Part 1 of Art. 119 of the Criminal Code provides for one of the types of punishment for the violator:

compulsory work up to 480 hours;
restriction of freedom or forced labor for up to 24 months;
arrest for 6 months;
actual prison term is up to 2 years.

If the threat is based on racial, national, religious or other discriminatory differences, including in relation to a specific social category of the population (for example, foreigners), it is qualified under Part 2 of Art. 119 of the Criminal Code and may entail for the offender:

5 years of forced labor and deprivation of the right to hold positions in the civil service for 3 years;
5 years of real prison term and deprivation of the right to hold positions in the civil service for 3 years.

Types of threats

For this article to apply, the person must be threatened with physical harm or serious harm to health. The concept of such damage is contained in Article 111 of the Criminal Code of the Russian Federation. These may be actions that will entail:

loss of an organ or body part;
loss of hearing, vision, speech;
facial disfigurement;
mental disorder;
other serious consequences.

A promise to cause harm that is not classified as serious will not entail criminal liability.

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Article 111 of the Criminal Code of the Russian Federation “Intentional infliction of grievous bodily harm”

Important! The age of criminal responsibility for this crime begins at 16 years of age. Therefore, only high school students can be convicted of such actions. However, if a son or daughter is being bullied by a classmate under the age of 16, or there was no promise of serious harm, parents also need to take active steps to stop the negative impact.

Ways to prove a threat to life

As the criminal article states, a threat to kill must be proven. And if you do not have enough direct evidence that you were threatened, you need to collect more data that would describe the threat from the worst side. This could be testimony from neighbors, an employer, or other persons in contact with the threat. His addiction to alcohol or the fact that strangers witnessed his aggression may be in your favor. You need to be vigilant and try to capture the threat on audio or video, or try to provoke the criminal's aggression towards you when you are in the range covered by the surveillance camera of a nearby institution or store.

Material on the topic: Drawing up a statement of claim in court