Every time we send a child to school, we hope that he will have an interesting and useful time there, learn something new and chat with friends. But not always the relationship of children with peers develops ideally.
The child may suffer from the aggression of classmates or other students, and parents are obliged to help him solve this problem. Not everyone knows what to do in such a situation.
Parenting first steps
Parents of an injured student may experience different emotions, such as rage or a desire to take revenge, punish the offender and the administration of the educational institution. But first of all, you need to pay attention to the health of the child. It is important to show the child to the doctor as soon as possible, since a cursory examination of external injuries is not enough to establish the true picture.
It is best to immediately call the police and an ambulance. The school doctor has an interest in minimizing the severity of the incident, so may be biased. In addition, after such an unpleasant incident as a student being beaten, the reputation of the educational institution will inevitably suffer. Therefore, the school administration will try to “hush up” the case and may in every possible way hinder the adequate conduct of the investigation. The involvement of the police at the very first stage will help to avoid deliberate distortion of facts on the part of educators.
Be sure to file an accident report. Even if the school administration is against it, you have every right to demand that they take part in the preparation of the protocol. The act must indicate the time of the incident, the circumstances, all the participants and the consequences. Please note that the fact of damage and the analysis of their severity were recorded in the document correctly.
An accident report must be filed at any medical institution, where they will definitely conduct an examination, as well as a simultaneous determination of the severity of damage. After that, the sequence of your actions will depend on what you want - to bring the offender to justice or receive compensation from him for the harm caused to the child. In the first case, you will have to apply to the police department with a statement about initiating a criminal case on the fact of beating. If you only need financial compensation, you must file a civil claim for damages in court.
Who is responsible for fighting at school?
Usually the responsibility for the fight lies with the child who initiated it, his parents or legal guardians, or the administration of the educational institution where it happened. When determining the degree of guilt of each of the parties, the age of the children and the characteristics of their legal status, the severity of the damage, etc.
In most cases, the full burden of responsibility for the actions of the child falls on the shoulders of his legal representatives, for example, parents, guardians or adoptive parents.
If the harm was caused by a child under the age of 14, his parents or other guardians are fully liable. If the minor is between 14 and 18 years old, the parents are liable only if he does not have his own income or property sufficient to compensate for the damage. If a child who has reached the age of 16 works or, with the consent of the guardians, is engaged in entrepreneurial activity, he shall independently compensate for the damage.
Criminal liability is exclusively personal in nature, the guilty person is responsible personally. It occurs if during the fight the victim was seriously injured or moderate, and beaten for more than 14 years. Or after inflicting light bodily harm, when the beater is over 16 years old.
If no one was injured as a result of a fight and there is no way to prove the existence of material or moral damage, any administrative or criminal liability is excluded. The director or teacher can conduct an educational conversation with the children. Also, the director can apply a disciplinary sanction to the teacher who allowed the fight.
Are School Administration Responsible?
While the child is in school, the administration of the educational institution is responsible for his life and health, as well as for the observance of all his rights and freedoms. Therefore, if the child was injured while at school, its management must bear material responsibility, unless it proves that the harm was not his fault. That is why the administration often tries to minimize the harm done and the degree of guilt of the attacker. For this reason, it is so important for parents to pay attention to the incident in time and take measures to establish the guilt of all participants.
In the modern world, with the growth of cruelty, the number of children affected by violence, both from adults and from peers, is increasing. Both parents and children should understand that no child is immune from such incidents. But here it happened. What should parents and children do? How to be? Where to turn and how to restore justice?
Step 1. Assess the situation
The first thing to do is to pull yourself together and in no case panic. Remember that as long as you have not taken any action out of a sense of revenge, the law is on your side. As soon as you start a "showdown" with the offenders or his parents, you can suffer yourself. Therefore, it is necessary to approach the solution of the issue in a balanced and competent way.
The first thing to do is to assess the severity of the beatings. If your child needs urgent medical attention, call an ambulance! If the injuries are not life-threatening, but there are signs of beatings or a deterioration in well-being, take the child to a medical facility. If the child has only a bruise under the eye and a couple of abrasions, it is necessary to undergo a forensic examination. In any case, the first step is to provide first aid and document the beating.
Step 2. Documenting the beatings
Upon admission to a medical institution with injuries, the doctor is obliged to find out from the patient where he received them. If the patient explains that he was beaten, then a telephone message is sent to the police department on duty. The message is registered in the CUSP. A police officer arrives at the hospital within 24 hours and takes an explanation of the beating. Application is accepted.
Next, the persons who are indicated in the explanation as participating in the beating are interrogated, witnesses, teachers, and parents are interrogated. These documents form the material for the verification of the application. Within 3 days (and if the term is extended by the head of the body of inquiry, up to 10 days), a procedural decision must be made. This may be a decision to transfer the application for jurisdiction, to initiate a criminal case or to refuse to initiate a criminal case. If an examination is necessary, the period of verification may be extended by the prosecutor up to 30 days.
The final examination can be carried out after the end of the treatment. Remember that while there is no examination, then there are no grounds for initiating a criminal case. According to the Code of Criminal Procedure of the Russian Federation executive if there is an application, it must send an application to the justice of the peace, since Art. 116 and Art. 115 of the Criminal Code of the Russian Federation, part 1, under which a case can be initiated, relate to cases of private prosecution. After the criminal case has been accepted for proceedings, after the private prosecutor has filed an application for private prosecution, Article 318 of the Code of Criminal Procedure of the Russian Federation, a criminal case is initiated.
Reference: criminal liability for this category of crime in accordance with Part 1 of Art. 20 of the Criminal Code of the Russian Federation begins at the age of 16. Part 2 of the same article establishes the onset of criminal liability for persons from the age of 14 if the intentional infliction of harm to health is proven (Articles 111, 112 and others).
Often the beating of a child by peers is planned in advance. He is called outside, to a secluded place, where several more people are already waiting. Often, the events are filmed on mobile phones. There is an opinion that it is necessary to find these records as evidence of the beating. It is important to understand that you do not need these records. If they are, well, they can be attached to the case file. If not, the traces of beatings recorded on the body of the child are the best evidence, and the investigation has other, more effective methods conducting an investigation. A criminal case is initiated on the fact of a crime, on the grounds of a crime, and not on the basis of the presence or absence of evidence.
Step 3: Getting things done
If at the previous stage a criminal case was not initiated or a criminal case was refused, the child's parents can apply to the justice of the peace with a statement of private prosecution. To do this, you need to have on hand a statement and a decision of the medical examiner. It is advisable to contact an attorney to competently draw up a statement of claim.
Reference: brain concussion even with a closed craniocerebral injury (without any fractures of other bones) is interpreted by forensic experts as the absence of even slight harm to health and a criminal case is not initiated.
In accordance with Art. 1074 of the Civil Code of the Russian Federation, minors aged fourteen to eighteen years are independently liable for the harm caused on a general basis. However, if the minor does not have income or other property sufficient to compensate for the harm, the harm must be compensated by his parents or guardian. In accordance with the family legislation of the Russian Federation, parents, until the child reaches the age of 18, are obliged to take care of his moral, moral and physical development.
In this regard, the parents of the victim need to seek to bring the parents of the perpetrators to civil liability in the form of reimbursement for treatment costs, compensation for moral damage, recovery of the so-called fixed lost earnings for the rehabilitation period, lawyer's costs, etc.
Therefore, an application for recovery is filed with minors and their legal representatives in favor of the victim compensation for non-pecuniary damage and reimbursement of expenses incurred, with all documents, certificates, etc. attached.
Conclusion
If the court satisfies the requirements, more than 50 thousand rubles can be recovered in favor of the injured child from the perpetrators and their legal representatives. The main thing that needs to be understood in this situation is not to sit idly by! It is necessary to act! Even when an application has been filed, parents can find the maximum compromising evidence on offenders, take good characteristics for their child, enlist the support of witnesses and competent people.
If problems arise, the case can be made public by writing to in social networks and popular Internet resources. The main thing is not to be silent! After all, it is the feeling of impunity that often pushes people to more serious crimes.
Where to go if the child brought bruises from school.
Every parent strives to protect their child as much as possible from all life's misfortunes. However, it is impossible to insure against everything. This also applies to school fights.
We will tell you how to act correctly for adults in conflict situations between minors. We will explain how not to aggravate the problem and protect the child from the attacks of schoolchildren or teachers.
Even the most cold-blooded parent, having learned about the beating of his child, often loses his head and commits rash acts. The readiness to defend at all costs and the expressed aggression can lead to sad consequences for those who were originally in the status of the injured party.
The first thing to do when you receive information about the beating of a child is to calm down. If you cannot calm your emotions, contact a lawyer who, with a cold mind, will undertake to represent the interests of your family.
The second step is to secure all available evidence of the beating. First of all, it is bodily injury. It is advisable to go not just to the doctor (to the emergency room or to the emergency room of any clinic), but to go straight to the medical examiner. The conclusion of such a specialist in the future will be a significant advantage both in conversations with the offender and in the possible substantiation of claims before the court. In addition, the expert will also refer to narrow specialists, finding, for example, hidden damage. It will not be superfluous to contact a psychologist, who will also prepare his written opinion.
Note!
Medical workers who have revealed hematomas, fractures, stab or cut wounds, or other serious injuries in a child are obliged to report this to the police on their own.
Who do you turn to for help to bring bullies to justice?
A school is an institution that is responsible for the safety of children on its territory. The school principal is the official who is obliged to monitor the situation in the school and take a direct part in resolving school problems.
If you (or your lawyer) think that the problem is not critical, you can try to solve it at the class level, through the class teacher.
It is advisable to secure the initial communication with the director on the fact of beating in a written statement. This will not allow the leadership of the school to silence the situation or get off with talk. Moreover, the applicant will be required to provide a written response to the questions raised in the application.
Note!
A lawyer must file a complaint with the school principal. The further development of events will depend on the given arguments and the specified requirements.
If the school principal does not respond to the appeal or is negligent in his duties, a complaint should be sent to his management. This can be a district education department, department or department (depending on where the educational institution is located).
For help, you can contact your local juvenile unit (JOD). Upon application, the employees will check the situation, call the bully's parents for a conversation, and if there are grounds, they will put him on record.
An appeal to the police is not ruled out (even if the physician who examined the child was obliged to do this). However, at the same time, it is necessary to be aware that if the fact of beating is not confirmed, the question of false denunciation will arise, for which criminal liability is provided.
If the situation requires tough intervention from the supervisory authorities, when, for example, educational or law enforcement structures do not take proper measures, do not give clear answers, go to the prosecutor's office. She will conduct an audit as soon as possible, take actions to punish the perpetrators. Of course, the appeal must be in writing, it must reveal the essence of the current situation, based on specific facts and evidence.
Note!
Appeal to supervisory and law enforcement structures will entail the need for your child to communicate with their employees.
Not every school conflict, even if it ends in bruises, requires the intervention of third-party employees. Especially when it comes to ordinary brawls of boys or single hyper-emotional skirmishes of girls. In many cases, discussing the situation with the bully's parents is sufficient. You can do this in two ways:
- through personal conversation. This option is possible when there is an idea about the family of a bully or the parents of schoolchildren are familiar. You should prepare for communication, because the other side will certainly justify your child. It is necessary to provide evidence of the guilt of the offender, to explain what threatens bad behavior. A legally verified conversation usually leads to apologies to the victims, offers to make amends;
- at a parent class or school meeting. This option is good in close-knit parent teams, when the problems of classmates are resolved by joint efforts within the school itself. Collective investigation of the problem should be supervised by a lawyer. Otherwise, an incorrect discussion of the bully and his parents, pressure on them may become a reason for counter-charges, including criminal charges.
What threatens school bullies?
It is a mistake to think that minors always avoid responsibility. The Criminal Code is strict to those who are already 14 years old, but this applies to causing harm to health of moderate severity and more serious crimes. Responsibility for beatings under the Code of Administrative Offenses comes even later - from the age of 16. Younger hooligans will not have a criminal record. However, if involved in the analysis of the situation law enforcement, retribution young bandits can not be avoided. This, firstly, will be registration in the juvenile department, which will significantly limit the freedom of hooligans in the present and create problems in the future. Secondly, the families of such punks are provided with close attention from the guardianship authorities, which will psychologically put pressure on the parents and, accordingly, on the perpetrators of the situation. In addition, fines may be imposed for failure to fulfill parental responsibilities. Thirdly, for the harm caused by beating, the parents of the injured child have the right to demand compensation for moral damage and compensation for material damage.
Note!
A school rowdy who beats up students can be expelled from school. How realistic this is in a particular situation, a lawyer will help you figure it out after studying the charter and internal documents of the educational institution.
What threatens a teacher who hit a student?
The measure of responsibility of a teacher who hit a student depends on the severity of the harm caused. So, for example, slight harm to health can lead to arrest up to 4 months, corrective labor up to a year or mandatory up to 480 hours, or a fine of up to 40 thousand rubles. (or in the amount of the teacher's income up to 3 months). More significant harm - more significant criminal liability.
If the teacher repeatedly beat the child, he will be judged for torturing. The measure of responsibility under this article is from 3 to 7 years in prison.
Note!
The Criminal Code provides for additional liability measures for teachers. Persons who improperly perform their duties, when this is accompanied by cruel treatment of minors, may be deprived of their liberty for up to 3 years.
Even if the beating of the teacher did not harm the health of the child, the teacher will be held liable. This will be mandatory work up to 120 hours, administrative arrest up to 15 days or a fine of up to 30 thousand rubles. Besides, the culprit will most likely be fired from the school.
Summary
An assessment of each specific situation with the beating of a minor should be given by a lawyer. He will also determine the course of action to protect him and the proposed measure of punishment for the criminals. This will allow parents not to break firewood and resolve the problem as quickly as possible without changing the school and without distorting the psyche of their child.
You can get professional advice in such a delicate and difficult matter from our specialists. Call us or leave your questions in the form of a chat, and you are guaranteed to receive help.
Whatever the first emotions of the parents, if there was a fight at school, first of all, you need to pay all attention to the child. With the help of a cursory examination, it is impossible to identify the presence of internal injuries and injuries, therefore, even if there are a couple of bruises and abrasions, it is better to seek qualified medical help.
The school health worker should be invited for an initial examination. If this is not possible, and the severity of the injuries inflicted outwardly is quite high, you need to call an ambulance. medical care.
If the child is at school, parents, as a rule, seek to punish the offender with all their might. For further proceedings, it is necessary to draw up an act on what happened, indicating the time, date, as well as the participants and consequences of what happened. The act is certified by several representatives of the school staff.
In situations where the school's reputation is at stake, one may encounter obstacles from the leadership of the educational institution and the lack of any cooperation in dealing with such cases. If the school staff refuses to write and certify the act, you can contact the police and call a law enforcement representative directly to the school at the crime scene. Sometimes this option works, even if you just voice it.
After receiving the act, you need to contact the nearest hospital department or emergency room for a more thorough examination. There should also record the presence of beatings. After that, parents will have to decide what kind of punishment they expect for bullies.
Compensation and liability
In order to receive compensation for moral and physical harm, it is enough to apply to the court with a statement. If the parents of the offender are adequate people, litigation can also be avoided - perhaps this issue should be discussed with them first. In order for the offender to be held criminally liable, a complaint must be filed with the police.
According to the Criminal Code of the Russian Federation, responsibility for their actions is borne by persons who have reached the age of 16, if the health has been slightly harmed, and 14 years old - if the health of the victim has been caused harm of medium severity, or severe. It should be borne in mind that the school management and the teacher who supervised the children will also be held responsible for beating a child at school if it happened during the educational process or during other pastimes of the child at school under the supervision of a teacher.
Does your child often fight at school, or, on the contrary, is the victim of constant attacks from peers? Unfortunately, many teenagers believe that fists can be used to resolve a conflict situation. However, what legal implications may incur their actions children often do not think.
What to do if your child was beaten at school?
First of all, you need to call the police and medical workers (this can be a school doctor or an ambulance doctor).
If it is not possible to do this, or the administration of the educational institution objects to this, it is necessary to insist that an accident report be drawn up. It should reflect the date and time of the accident (fight), its participants, circumstances and consequences. The act is drawn up in the presence of several employees of the educational institution and signed by them. It is important that the fact of damage and its severity are properly recorded in the act (protocol).
After you receive a duly certified copy of the accident report, you must immediately go to the nearest medical facility (or emergency room) for examination and determination of the severity of the injuries caused. Further, it all depends on how you want to punish the offender: bring him to criminal responsibility (if he has reached the appropriate age), or receive compensation for physical and (or) moral harm.
In the first case, after the emergency room, you must contact the police with a statement about initiating a criminal case on the fact of beating (or causing some degree of harm to the health of your child). If it is enough for you that the parents of the offender compensate you for the funds spent on treatment and non-pecuniary damage, you need to be puzzled by drawing up and filing a civil claim for damages with the court.
The answer to this question is determined by many factors: the age of the child, the peculiarities of his legal status, the severity of harm to the health of the injured child, etc. The definition of the guilty subject depends on this: will it be the child himself, his legal representatives(parents, adoptive parents, guardians, trustees), or the administration of the educational institution on whose territory the fight occurred.
Art. 38 of the Constitution of the Russian Federation and art. 63 of the Family Code of the Russian Federation establishes the obligation of both parents to equally care for and educate children. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.
Criteria for determining the severity of harm to health are presented in the Rules for determining the severity of harm caused to human health, approved. Decree of the Government of the Russian Federation of August 17, 2007 No. 522. and in the Medical Criteria for Determining the Severity of Harm Caused to Human Health, approved. Order of the Ministry of Health and Social Development of the Russian Federation dated April 24, 2008 No. 194n.
For example, serious harm includes:
Harm dangerous to human life; loss of vision, speech, hearing or any organ or loss of its functions by an organ; abortion; mental disorder; drug addiction or substance abuse; indelible disfigurement of the face; significant permanent loss of general ability to work by at least one third; complete loss of professional ability to work;
The average severity of harm to health include:
Prolonged health disorder (if the victim is being treated in the hospital for more than 21 days); Significant permanent loss of general ability to work by less than one third.
TO slight harm include:
Short-term health disorder (if the victim is being treated in a hospital up to 21 days inclusive); slight permanent loss of general ability to work.
Behind causing lung injury to health or beating, criminal liability comes only from the age of 16. In the presence of extenuating circumstances, a positive characteristic of the personality of a child who has committed a crime for the first time, the criminal punishment will most likely be replaced by measures of educational influence and the child will be sent to a specialized educational institution. If this is not possible due to the gravity of the crime committed, the court will decide on probation. In addition, the child will be under close scrutiny in the Department of Juvenile Affairs in the local Department of the Interior and the District Commission on Juvenile Affairs.
For legal liability, whether criminal or civil, the consequences of the wrongful acts of others are decisive. In criminal law, socially dangerous consequences are the most important element of the corpus delicti, without which, in most cases, there is no crime itself. IN civil law, the consequences in the form of material or moral damage are also included in the civil offense. In other words, there are no consequences - no act (illegal action) - no responsibility.
As a preventive or educational measure, the principal of the school may apply a disciplinary sanction against the teacher who was in charge of the children who fought, but nothing more.