Irina Nagornaya

Child Abuse as Estimating Concept of Criminal Law

2017. No. 2. P. 142–154 [issue contents]
The paper studies the abusive treatment with minors as a moral element of the crime under Article156 of the Russian Criminal Code, relevant doctrinal positions and jurisprudence. The problem ofdelimitation of this crime from the administrative offense of improper performance of obligations forthe maintenance, upbringing, training, protection of the rights and interests of minors is analyzed (Part1, Article 5.35 of the Code of the Russian Federation on Administrative Offenses). It is considered thecorrelation between poor living standards and child abuse. It is noted that the existence of objectivereasons that do not allow improving living conditions and meet the needs of the child excludes the guiltof parents or other persons. It is studied doctrinal positions concerning the certainty of the criminallaw and the possibility of its application in disputable situation for the purposes of Article 156 of theRussian Criminal Code. The problem of corporal punishment in connection with the internationalobligations assumed by Russia is considered. The experience of the USA on this problem is analyzed.It is formulated recommendations on the criminal law assessment of the use of physical force againsta child to keep him from causing harm to himself or other persons or for the purpose of punishment.The question of the low significance of an act is studied. It is emphasized that moderate corporalpunishment does not constitute the crime under Article 156 of the Russian Criminal Code. In conclusion,it is proposed the scheme for the analysis of an act containing the elements of the offense under Article156 of the Russian Criminal Code. This scheme indicates the need to take into account, in particular,the intensiveness of an act and its consequences for the child’s physical and mental health or thethreat of their occurrence, which are causally related to the guilty behavior. It is emphasized that the intensiveness can be expressed both quantitatively (systematic deprivation of food or supervision), andqualitatively (a deep cut for the purpose of punishment). It is necessary to make right argument in thecourt decision, even in the case of plea deal.
Citation: Nagornaya I. (2017) Zhestokoe obrashchenie s rebenkom kak otsenochnoe ugolovno-pravovoe ponyatie [Child Abuse as Estimating Concept of Criminal Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 142-154 (in Russian)
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