The Criminal Code provides for article 125 of “Abandonment”. The objective part of this crime is expressed in the inaction of the subject. It is manifested in the imperfection of any action in the presence of a threat to the health or life of another person. Let us further consider in detail the composition of this crime, as well as the punishment that was established for it in the Criminal Code of the Russian Federation.
Abandonment: circumstances
The prosecution is possible under the following conditions:
- The abandoned person was indeed in a dangerous condition for his life or health.
- A person in threatening conditions could not independently take measures for self-preservation. The causes of helplessness can be different. The most common are age or severe illness.
- The perpetrator had a real opportunity to help, but there was no threat to his life or health. A person who is not able to help due to any serious circumstances cannot be involved for leaving in danger. For example, someone did not save the drowning man, because he himself does not know how to swim.
- The culprit had to take care of the person in need of help. This obligation may have different reasons. For example, this may be a prescription of a law, terms of an agreement, features of a profession or occupation. Such people include teachers, carers, educators, bodyguards, rescuers, firefighters, trainers and so on.
- The culprit himself put the victim in dangerous conditions. For example, the head of a group of tourists carried an inexperienced traveler into a difficult mountainous region, and the latter fell into the abyss.
general characteristics
The composition of the crime in question is formal. In order to attract the guilty person for leaving him in danger, no consequences are required in the form of causing damage to the health or life of the victim. The act is committed with direct intent. It forms the subjective part of the crime. The guilty understands that the other person is in a helpless state, and he himself has the opportunity to help him. However, he avoids taking the necessary actions and leaves the victim intentionally in danger. A person who has reached the age of 16 may be held liable.
125 article: leaving a person in danger (punishment)
The following sanctions are established for the crime in question:
- Fine up to 80 thousand rubles. or in the amount of the guilty salary (other income) for the period up to six months.
- Mandatory work for 120-180 hours
- Imprisonment up to a year.
- Correctional work up to 1 year.
- Arrest up to three months.
Comments
Abandonment in modern law is partially decriminalized. In Art. 127, part 1 of the Criminal Code of the RFSR, any citizen was provided for liability for failure to provide assistance to the victim or for failure to report the need for it, if there was an opportunity for this. Under the modern Code, such inaction is not punishable. At the same time, moral standards strictly evaluate this kind of behavior.
Expression of inaction
The behavior of the perpetrator is manifested in avoiding the person who needs help. In this case, the victim himself is not able to help himself. This article does not consider leaving a child in danger, as well as a citizen of an advanced age, in a serious illness, as unlawful behavior if the person had a good faith misconception regarding the victim's ability and ability to take self-preservation measures.
Mandatory conditions
Responsibility for leaving in danger will come if the perpetrator:
- Could help the victim.
- He was obliged to take care or put the victim in a helpless position.
These conditions are related to each other. To hold accountable for leaving in danger in practice, it does not matter if there was a threat to the perpetrator. In this case, it is important that there was an opportunity to provide assistance. Among the cases when the guilty person himself put the victim in a helpless state, along with the infliction of harm by negligence, the court practice also acknowledges the deliberate abandonment by the driver of the danger of the victim of an accident with his car. It does not matter if the specified entity is guilty of an accident or not. In this case, the warning value of Art. 265 of the Criminal Code. In accordance with it, punishment for leaving the scene of an accident is provided.
Conclusion
The composition of the considered crime is considered formal. An act is deemed perfect on the very fact of inaction. The latter is expressed in evading assisting a person who is helpless regardless of the occurrence of any other consequences. The guilty person commits the crime with direct intent, realizing that he leaves the person in conditions threatening his life and health. In judicial practice, no additional qualification is used in this article for the behavior of those responsible who put other people at risk due to attempted murder or intentionally causing damage to the body. In this case, it is believed that evasion of assistance to the victim is included in the aforementioned crimes.
Abandonment is an act directed against human life and health. It has a certain threat to societies, not only because it qualifies under the Criminal Code. This behavior is not consistent with generally accepted moral standards.