Criminal Code, article “Child abuse”

Currently, article 156 of the Criminal Code provides for certain sanctions for child abuse, up to and including imprisonment for a fixed term.

As practice shows, cases of psychological and physical abuse of children occur quite often. At risk are children from dysfunctional families whose parents are not involved in their upbringing and development, do not work anywhere and lead an immoral lifestyle. You can learn more about all this from this article.

What is it?

girl is very scared

What is child abuse? Article 156 of the Criminal Code determines sanctions for such an attitude of adults to a person who is not yet 18 years old.

Child abuse refers to the use of physical and psychological violence against him by adults. In the first case, the baby can be beaten by their own parents, but do it unnoticed by other people. Therefore, if citizens constantly hear the screams and plaintive cries of a child behind the wall, then it is best to inform the local police or call the guardianship authorities of their city.

Psychological violence is manifested in the constant humiliation of a child and an insult to his dignity (for example, the use of foul language against a baby).

Thus, in the first and second cases, the child receives a severe psychological trauma, which has the most negative impact on his future life.

From the point of view of legal norms

norms of law

Child abuse is unacceptable and punishable by law. Moreover, article 19 of the Convention on the Rights of the Child says that all parties to this Convention, including Russia, should take all possible measures to protect children from any form of violence. You need to know this.

In Russia, liability for child abuse is provided for in criminal, administrative and family law.

What can parents expect in this case if they are bad about their offspring who need care and attention? From the point of view of the norms of family law, these citizens may be limited or even deprived of parental rights to their children. However, these are only minor consequences of what may be.

If the child was humiliated, physically abused, then such parents will face criminal liability. This should be remembered.

What is related

the girl is crying and very afraid of her parents

It has already been pointed out earlier that for child abuse, article 156 of the Criminal Code provides for sanctions for parents. The same applies to employees of educational and medical organizations (in connection with the improper performance of their duties on the upbringing and development of minors).

But how is this manifested? The following actions of adults in relation to minors must be attributed to abuse:

  • physical impact on the child (this is most often beatings that may not be visible at first glance);
  • depriving the baby of food, water;
  • leaving the child without proper supervision and care when it threatens his life (for example, the mother left the newborn for a whole day without care, and she left home for her business);
  • insulting the baby and humiliating his dignity (manifested in single-parent families, when the mother alone brings up the child and breaks her anger on him).

Of course, that’s not all. These are the most basic examples of child abuse. This should not be normal. Parents must take care of their children. The same applies to kindergarten teachers and other educational and medical institutions.

In the event that the latter do not look after minors, display aggression, insult and humiliate them, then sanctions for child abuse can be applied to them. In the Russian Federation, article 156 of the Criminal Code provides for rather severe penalties for such criminal acts. You need to know about.

Intentionally or not

baby cries alone

As already stated above, criminal liability for child abuse (article 156 of the Criminal Code even provides for imprisonment in this case) occurs when this is combined with failure to fulfill the obligations of raising a minor. Otherwise, the corpus delicti cannot be revealed.

It should be noted here that child abuse is always deliberate, not accidental. For example, the mother left a small child alone in the apartment without care and supervision, without food, and she left the apartment, knowing full well that the baby would cry from fear and hunger. In this case, it was intentional.

In the event that a child is beaten, which does not entail a serious health disorder, the actions of those responsible are also qualified under article 156 of the Criminal Code.

Who can be punished

Article 156 of the Criminal Code establishes a penalty for cruel treatment of children by the following persons:

  • parents, as well as guardians or trustees (since the latter are engaged in raising a minor child and mistreat him instead of mom and dad);
  • pedagogical workers or other employees of educational and medical organizations;
  • Special services officers who are required to supervise children.

Thus, not only the legal representatives of children, but also other persons whose professional duties include the care and supervision of minors can be found guilty of this crime.

What is the punishment?

What awaits those responsible for failure to fulfill the duties of raising a minor? What are the sanctions for child abuse under article 156 of the Criminal Code? The answers to these questions are of interest to many citizens who are partial to this problem.

sanctions for child abuse

So, the sanctions specified in article 156 of the Criminal Code of the Russian Federation will be as follows:

  • a fine of up to 100 thousand or a salary or other income of the perpetrator for a period of up to 1 year;
  • compulsory work up to 440 hours;
  • correctional labor up to two years;
  • forced labor for a period of up to three years with deprivation of the right to engage in certain activities for up to five years or without additional punishment;
  • isolation from society for up to three years with the use of additional sanctions in the form of deprivation of the right to occupy certain positions for up to five years or without it.

Thus, the guilty will be punished with a certain punishment, but what it will be will be decided only by the judicial authority.

Prevention

father scolds daughter

What does a parent expect for child abuse? What article in the Russian legislation provides for sanctions for this act? Immediately it must be said that nothing can be worse than the poor attitude of the parent to his own child. However, in practice there are various situations.

In the event that the mother or father, as well as both parents, do not fulfill their duties in raising their baby, and also abuse him (beat, do not feed, insult and humiliate), then they will be prosecuted under article 156 of the Criminal Code . Also, such people are deprived of parental rights.

Should child abuse be prevented? Article 156 of the Criminal Code contains only sanctions for the crime committed. Nevertheless, the guardianship authorities, as well as the police, must work with citizens who lead an asocial lifestyle, do not work anywhere and do not take care of their children. In addition, the work on the prevention of domestic violence and abuse of minors should be comprehensive and affect not only inferior and asocial, but also complete families. For this, people from guardianship bodies and police officers attend parent-teacher meetings in kindergartens, schools, and boarding schools.

Why is this happening

the boy was locked in the room

Currently, the problem of child abuse is quite acute. In fact, it should not be at all. Nevertheless, this problem also exists in many even very decent and exemplary families where children experience emotional discomfort. In addition, many people after their growing up share information about their "unhappy" childhood with their acquaintances and friends.

How does child abuse appear? Scientific articles of many modern specialists, psychologists, public figures only say that such an attitude towards babies is associated with an emotionally unbalanced state. In addition, many parents take out their anger on a child who is not guilty of anything. Why should the baby endure the bullying of adults, even if he was an unwanted child in the family or one of the parents simply refused him? This should not be. Therefore, the birth of a child should be a deliberate and balanced decision of both parents. After all, the birth of a child and his upbringing is a very big responsibility.

Other reasons

You can not compare between an adult and a small child. That is why it is impossible to justify the cruel attitude of people (and especially parents) to their child. The child is defenseless in front of an adult, he cannot answer him with the same attitude, because he needs the care and attention of his elders.

Why do adults become cruel to children? It is possible that in childhood they themselves experienced something similar (for example, beating by their mother and father, suffered insults and humiliation). Therefore, a person who had such a childhood considers it normal for his child to be so.

If we talk about the guardians and trustees who are engaged in raising other people's children, then many of them do not consider it necessary to take care of children who need parents so much. Moreover, there are many cases when people took custody of children only for financial gain. Children living in such families were often even sexually assaulted and beaten by guardians. There are a lot of such cases.

Perpetrators should always be punished for child abuse. Article of the Criminal Code No. 156 is intended to protect the interests of minors. After all, children should be brought up and live in love, care from elders, and not endure humiliation and insults.

Interesting

Many citizens, who are not indifferent to the life and fate of other babies, hope that those responsible will be punished for child abuse. When article 156 of the Criminal Code of the Russian Federation appeared, and this was since the publication of the first Criminal Code in 1996, it was much easier to punish criminals for bullying minors than it was before. Over time, the text of this rule of law itself has changed slightly, but the basic sanctions have remained the same.

Conclusion

The legislation protects the rights and interests of minor citizens of our state. That is why article 156 of the Criminal Code of the Russian Federation provides for a rather severe punishment for child abuse for perpetrators who not only did not raise children, but also used psychological and physical violence against them.

The worst thing is that babies very often suffer anger and anger from their own parents. It is unacceptable. Therefore, if one of the citizens hears that the neighbors behind the wall are yelling at the child, and even more so apply physical force to the latter, then this must be reported at least to the district police or to call the guardianship authorities.

Source: https://habr.com/ru/post/E17176/


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