If such a situation has occurred, it is necessary:

1. contact the police or a magistrate.
2. Get a referral for examination (removal of beatings).
3. Remove the beatings, get a document from the doctor.
4. Write a statement about the beatings, and attach an act of honey. expertise.

This is the general procedure for beating a child. The police, having received a statement and a document confirming the beatings, decide to open a criminal case or use other punishments.

Filling out a beating statement

When contacting the police, the employee will certainly offer to write a statement. He will tell you the form and filling rules himself. The application is written in any form addressed to the head of the police department. Can be completed in print or by hand.

The following information must be indicated in the application:

The application can be submitted by the child, his or her guardian or parent. There is no age limit in the law for a citizen who applies for an application. The application must be accepted at any police station or in court. After that, the citizen must be issued a coupon confirming that the application has been accepted.

After removing the beatings and receiving an act from a medical institution, you must write a statement. There is no statutory deadline for filing an application.

A certificate from the emergency room will be evidence, since there is a date there. But it is more advisable to contact the police as soon as possible. This will speed up the processing of the case.

You do not need to register an application, as well as pay a state fee. The police officer accepts documents from the applicant, issues a coupon (this is the actual registration). The service is free.

You can submit the document directly to the police or a magistrate. If the abuser is known (for example, the husband beat the child), then it is necessary to contact the judges directly. In this case, there is no need to look for the offender. If the person who beat the child is unknown, you need to contact the police.

They cannot refuse to accept the statement about the beatings. For some reason, they may refuse to initiate a criminal case.

The picture shows an example of a document:

Beating a student at school

A school incident can happen to both the teacher and the student. If the abuser acts, it is necessary to remove the beatings and go to court. The court will decide whether to open a criminal case or not.

In case, parents need to contact the director. Find out the reason and personality of the abuser. A juvenile inspector is attached to each school and must be aware of the incident.

1. After clarifying all the circumstances, the parents must remove the beatings from the child.
2. Next, you need to contact the police with a statement, or leave everything as it is.
3. When you contact the police with a statement, its content will be the same. The main thing is to write in detail how the incident occurred, at what time, under what circumstances.

Children who have reached the age of 14 can be held accountable. If the abuser is younger than this age, then there will be no punishment.

If older, but underage, then the punishment will be borne by the parents, and he will be registered with the police. Usually, such cases are resolved through a preventive conversation with the abuser.

An example of a document when it is submitted to the school principal in the photo below (a sample application for filing with the police at the very beginning of the article):

What to do if a child is offended in kindergarten?

In kindergarten, children can conflict with educators and other children.

• If there is a suspicion that it is necessary, first of all, to contact the manager. If the beating happened once, then a preventive conversation and a reprimand will be enough. If the teacher systematically loses his temper and beats the children, it is necessary to file a complaint with the police or court.

  The application is drawn up according to the usual scheme: the data of the offender, the circumstances under which the incident occurred, the date, signature, etc. are indicated.

• If, then the parents of the injured child should contact the manager, the parents of the abuser and the caregiver. You cannot talk or scold someone else's child. Educators, parents and the manager must find a solution to the problem, conduct a conversation with the child.
  
  If serious injuries occur, contact the police. They will refuse to initiate a criminal case, but parents will be able to go to court with a demand to compensate moral and material (for medicines) damage.

Beating is considered to be repeated painful and uncomfortable actions towards another person.

I, as a person who was the director of a school, and as a parent of schoolchildren, went through different stages of the process of defending the rights of certain children, my own or someone else's. Therefore, I can tell you what steps a parent can take and what steps a parent needs to take in a given situation when your child is being bullied at school. Classmates (or one) offend, older children offend. It is clear that you can offend in different ways. You can bring to tears with insults, or you can be beaten every week. And this is what you need to pay attention to.

First. If you hear the same "last name" from the child who did this or that, call the class teacher and try to find out , did he not notice something in their relationship and how the relationship with the abuser is developing in other children. If, by indirect evidence, it is clear that the mother of that boy or girl, who is not yet familiar to you, is sane, then you can try to meet with her and talk. It would be easier for fathers to resolve the conflict in general at this stage. But, again, with the sanity of the parties.

Second... If the complaints do not stop, contact with the parents is stalled, at the level of the class teacher, the question stalls, this makes you anxious and, in general, bruises, to be honest, are already beginning to get bruised - go into battle, but with full confidence that you will go to the end. Because the path to the end is too nervous, burdensome and requires a lot of bureaucratic red tape, albeit a short one on your part. It is not at all necessary that you have to drown the ring in boiling lava, but there should be confidence. And in order for it to be, you need to remember clearly the purpose and algorithm of actions.

Target- what you want in the end. Do you want the abuser to be flogged in front of the entire school? Do you want to be given 15 years of strict regime? Any goal can be realized, it's a matter of time and personal mental health.

Let's say you want the abuser to be transferred to another school. This is possible, I agree. But to demand this is illegal: it is the parents' right to decide where the child should study.

The most realistic goal is to fix and loudly announce the situation so that it begins to be rationally resolved and the maximum number of interested parties, including within the school, drew attention to it. Because sometimes information does not reach the director corny, until you write a written statement in his name and pass it through the office. Or make an appointment with him. But the meeting should be preceded by a written statement with a detailed description of the situation and what was done, passed through the secretary, and you should have a copy with the incoming number, certified by the secretary. Perhaps on this the question will begin to be resolved. And if not?

Extreme case

The situation escalated and beatings began. Small jabs, jolts, derogatory nicknames and bullying. In the end, your child was beaten at school. I will note, not after lessons on the street, but directly at school. Your actions.

Go to school, call the class teacher or someone from the administration on the way, go inside and immediately call the police. Dial 112, choose by voice - and go. Inform that you are at such and such an address, this is a school building, your child has received physical injuries, you ask to send a police squad to record what happened. You will be offered an ambulance - decide for yourself depending on the severity. If your nose is broken, then maybe it is worth calling an ambulance to take a picture. In any case, you will need to appear at the hospital on the same day and remove the beatings. But more on that later.

You inform the person accompanying you about calling the police, you are awaiting arrival. Upon the arrival of the police, you have the right to write a statement (and to have explanations removed from you) right on the spot. But this is not very much implemented in practice for one simple reason: in any case, you will need to have a stub for registering your application in the registration log, which is located at the police department. Therefore, if the child is not in mortal danger and he just sits, sniffles and holds a penny at the fingal, then agree to the kind invitation to go to the department to testify as the legal representative of your child. Next, you will be assigned an inspector for juvenile affairs, who will take an explanation of what happened from you: the child will tell, you will tell. You will also certify both sheets of evidence. Then you will write the application, give it to the window of the duty section, and - most importantly - do not forget to take the registration stub, it will be useful to you, this is the only document proving that you have applied. Within ten days, they must check the information you provided and give you a written answer. It would be nice, when parting with the PDN inspector, to take a contact phone number and keep it under control whether something is being done or not.

The inspector will ask you for a certificate from the emergency room with the fixation of the beatings, so you go to the emergency room and go today.

Attention: adult trauma centers do not issue such certificates to children, you need a children's trauma center.

After receiving the certificate at home, scan it. In general, now you scan all documents, they will all be needed in electronic form. From the emergency room, the doctor is obliged to inform the police, as the beatings took place at school. This is another plus in your story, because the juvenile affairs department will report you twice.

At home, first of all, without delay, open the website of the education department of your city or region and write to the electronic reception. The Moscow City Education Department responds very promptly.

Describe the situation, attach scans of all documents that confirm your words (including all scans of applications addressed to the class teacher or school principal, papers from the police), ask to organize a verification of the stated facts. Do it right away, tomorrow you will not have enough strength for it, and your mood will disappear. At the same time, it should be understood that the Federal Law "On the Procedure for Considering Applications of Citizens of the Russian Federation" is interpreted in such a way that it makes it possible to send a letter for "consideration by competence," that is, to the school. It will be so, so with your letter you will once again induce the school management to understand the situation, but you will not punish them in any way. That is, once again: your letter to the education department is a waste of the director's time compiling an answer to you. But your problem will be solved if you have already formulated for yourself what you want, and not in a fit of righteous anger, fire around from all your weapons.

If nothing works

Your actions do not bring results - something stops at all levels, for three days no signals reach you. Unlikely, but still. Don't wait - look for the media that is ready to cover your situation: the school topic is relevant. It will take you three days for everything - a description of the situation, confirmation by documents, making a decision at a planning meeting about the need for the material. Usually, the media understands that such topics may not shoot, and should be ready to stop your publication at your request in the event of a change in the situation and with the proper ethical level of relations, but you should also understand that you can be married without you. This is an extreme step towards publicity. The consequences will vary in the extent to which this information is disseminated - you yourself have seen different examples.

But the publication gives you the next step - along with the link to the publication, you write a letter to the Moscow Mayor's Office, the General Prosecutor's Office, the Ministry of Education, the President of the Russian Federation with a request to check the facts stated in the article, since you are the person in question. Then again, the whirlwind of papers begins, but it additionally stimulates some rational changes in the situation, and possibly that will lead to the initiation of a criminal case on the fact of negligence.

I have described the maximum number of levels that the witness was or went through on his own. All steps are rarely required. The most important rule is to stop on time! Go to any contact that will be offered to you, look for options for resolving the situation, for the opportunity to translate everything into the field of human relations. Your child is still in this school to study, and you will meet with these people for a few more years and try not to spoil each other's mood at the graduation party.

When teaching in secondary educational institutions, conflict situations often arise not only with the participation of students, but also often with the participation of teachers. Such conflicts are perceived as stressful situations, which does not have a beneficial effect on the developing psyche of the child.

In this publication, it is necessary to investigate the issues of legal impact on persons who are guilty of beating a child, to study the nuances of contacting law enforcement agencies in order to file a statement on the fact of beatings.

Where to go if a child is beaten at school?

The order of action if a child is beaten at school can be determined depending on the person from whom the conflict originates.

If the instigator is another student of the school, then the methods of influence are more diverse and democratic than in a conflict with the participation of a teacher.

Important! The easiest way to try to resolve such a situation is to hold a preventive conversation with the participation of both parties to the conflict and their parents; you can also involve a teacher-psychologist in this event, which should be in every school.

In practice, such a conversation is organized as follows: parents, whose son was beaten, submit an application to the director with a request to hold such an event and set its date and time. Usually, the most conflict situations are brought to the level of the school principal, while less conflict situations are resolved directly with the participation of the class teacher.

Important! If such conflict situations occur periodically and the preventive conversation did not lead to the desired results, then it is necessary to apply with a statement on this fact to the Commission on Minors' Affairs under the local administration.

The statement should indicate the problematic situation with a request to call the parties to the conflict for a preventive conversation. Usually, if such a conversation does not help, the child who is the instigator of the conflict is registered as a dysfunctional minor. This is fraught with periodic checks by the commission and calls for conversations.

If the situation is extraordinary and the child has suffered significant bodily harm, then it is necessary to contact the police with a statement on this fact. And although, if the child is under 16 years old, there will be a refusal to initiate a criminal case, however, the juvenile commission will hold a serious conversation with the parents, possibly even bring them to administrative responsibility for improper performance of parental responsibilities, put the family on record and will periodically check.

Important! Material damage and moral damage caused by illegal actions of the child can be recovered from the parents.

In practice, an appeal to the commission on juvenile affairs is enough to pacify an extremely playful child. If a child has been beaten by a teacher, there are also several options for applying for the protection of the rights of the child.

If you are loyal enough to this situation and the beatings are insignificant, then you can contact the director with a statement to conduct a preventive conversation with the participation of the parties to the conflict. If the conversation did not bring any result, then you need to contact the law enforcement agencies on the fact of beating the child. More details on the procedure for filing and considering such an application will be discussed below.

There is also a variant of influencing the teacher by initiating the procedure for his dismissal, since the fact of violence against the student is the basis for such dismissal. With such a statement, you can contact the director or directly to the education department.

• Ask a question to a lawyer

Report of beating a child at school

The procedure for filing and considering an application for beating depends on the number of facts of incidents. If the beating took place once, then we are talking about the composition of the crime "beatings". If they are beaten systematically, then these acts fall under the "torture" composition.

Important! If you are filing a complaint on the fact of beatings, then it can be filed both with the police and immediately directly to the court.

If all the personal data of the teacher is not fully known, then in practice they turn to the police, police officers carry out activities aimed at establishing the identity of the guilty person, and then transfer the materials with the indictment to the court. In this category of cases, the period of inquiry cannot exceed 1 month. Before transferring the case to the court, the investigator approves the indictment with the prosecutor. The latter has the right to approve the indictment or return the criminal case for an additional inquiry.

If the personal information of the perpetrator is known, then the victim (in this case, his legal representative) has the right to send a statement on the fact of beatings directly to the magistrate's court.

Important! The statement is sent to the court with copies according to the number of perpetrators. In this document, it is necessary to indicate that the applicant has been notified of criminal liability for knowingly false denunciation.

The application states:

• the name of the court and its address;
• the event of the crime, its time, place and circumstances of implementation;
• request for acceptance of materials for production;
• personal data of the victim, his passport data;
• the personal information of the suspect;
• list of witnesses to be called;
• applicant's signature.

Important! Torture is not a matter of private prosecution, unlike beatings, the accusation is public, therefore a criminal case is initiated not only at the request of the victim (legal representative), but also on the basis of documents identifying signs of a crime (for example, a report).

A statement to the police department on the fact of this crime is sent in an arbitrary form, but it should clearly indicate the contact and passport details of the applicant, describe the event of the crime (date, time, place, the alleged offender) and make a note that the applicant has been notified that that false denunciation entails liability under Article 306 of the Criminal Code of the Russian Federation. A statement can also be made orally to a police officer, which is recorded in the protocol. The specified document is signed by the applicant and the person who accepted the application (drawn up the protocol).

Based on the results of consideration of the application, a criminal case is initiated within 3-10 days or a decision is made to refuse to initiate a criminal case. The latter can be appealed to the prosecutor's office.

ATTENTION! Due to the latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

Looking for an answer? Ask a question to lawyers!

9952 lawyers are waiting for you Quick response!

Ask a Question

Prosecution of a minor child because he hit another child

My son is 7 years old, 1st grade. At school he was pushed by a girl, he hit her in response, broke his nose. The girl's parents filed a complaint with the police. What are the possible consequences? Am I obligated to take my child to the police, or is it enough for me to be present? Do the police have the right to interrogate my son, take evidence, who should be present, is my consent necessary?

Lawyers' answers

Vitaly Rusanov(10/04/2014 at 20:39:59)

Good evening. Probably no one will need to lead anywhere.

However, in accordance with p / p. 3 p. 3 art. 32 "On Education" dated 10.07.1992 N 3266-1 An educational institution is responsible for the life and health of students and pupils during the educational process in accordance with the procedure established by the legislation of the Russian Federation.

As for you, the parents of the injured girl have the right to sue in court for compensation for material and. The respondents indicate the educational institution itself and the parents of the other child. The teacher can be designated by a third party on the defendant's side. Parents are responsible for the proper upbringing of their child, and according to the Civil Code, they are obliged to compensate for the harm caused by their minor child to other persons

Kolobkov Sergey Leonidovich(10/04/2014 at 20:50:03)

Hello! Your son cannot be the subject of a crime due to his young age. Criminal Code of the Russian Federation Article 20. Age at which criminal liability begins 1. A person who has reached the age of sixteen by the time of the commission of a crime shall be subject to criminal liability. 2. Persons who have reached the age of fourteen at the time of the commission of a crime shall be subject to criminal liability for murder (Article 105), intentional infliction of grievous bodily harm (Article 111), intentional infliction of medium gravity harm to health (Article 112), kidnapping (Article 126), rape (Article 131), violent acts of a sexual nature (Article 132), theft (Article 158), robbery (Article 161), robbery (Article 162), extortion (Article 163), unlawful seizure of a car or other vehicle without the purpose of theft ( Article 166), deliberate destruction or damage to property under aggravating circumstances (second part of Article 167), terrorist act (Article 205), hostage-taking (Article 206), knowingly false reporting of an act of terrorism (Article 207), aggravated hooliganism (part second article 213), vandalism (article 214), theft or extortion of weapons, ammunition, explosives and explosive devices ( Article 226), theft or extortion of narcotic drugs or psychotropic substances (Article 229), rendering vehicles or communication lines unusable (Article 267). You do not have to take your child to the police if you have not been called there. If you suddenly invite, then you have the right to be present during the conversation. Civil Code of the Russian Federation Article 1073. Liability for harm caused by minors under the age of fourteen 1. For harm caused to minors under the age of fourteen (minors), his parents (adoptive parents) or guardians are responsible, unless they prove that the harm did not arise through their fault. 2. If a minor citizen left without parental care was placed under supervision in an organization for orphans and children left without parental care (Article 155.1 of the Family Code of the Russian Federation), this organization is obliged to compensate for the harm caused by the minor citizen, if it does not prove that the harm was not her fault. 3. If a minor citizen caused harm during the time when he was temporarily under the supervision of an educational organization, a medical organization or other organization obliged to supervise him, or the person who supervised him on the basis of an agreement, this organization or this person is responsible for the inflicted harm if it does not prove that the harm arose through no fault of theirs while exercising supervision. 4. The obligation of parents (adoptive parents), guardians, educational, medical organizations or other organizations for inflicted by minors does not stop when minors reach the age of majority or receive property sufficient to compensate for harm. If the parents (adoptive parents), guardians or other citizens specified in paragraph 3 of this article have died or do not have sufficient funds to compensate for harm caused to the life or health of the victim, and the tortfeasor himself, who has become fully capable, has such means, the court, taking into account the property status of the injured party and the tortfeasor, as well as other circumstances, shall have the right to make a decision on compensation for harm in whole or in part at the expense of the tortfeasor himself.

Smirnov Ilya Sergeevich(04.10.2014 at 20:59:35)

Good evening.

Your son is not and cannot be a subject (a person who has committed a crime, an offense) due to his small age. so you have nothing to fear. Your son without a social teacher as well as a legal representative, that is, they have no right to interrogate you! if you are not summoned there, it means that you don’t need to come there for no reason. In your case, there is no corpus delicti here and you have nothing to fear. no case will be opened. maximum, with your son, they will certainly conduct an explanatory conversation in your presence and that's it. don't worry. if you have any questions, please contact us!

Munasipova Nina Viktorovna(04.10.2014 at 22:20:36)

Hello.

Makismum, what the parents of the girl can do in this case is to go to court for compensation for the moral and material harm caused by your son to the girl. You are responsible for your child's actions. But, since the child was at school at that time, the responsibility can be shifted to the class teacher, since he must monitor the children during the educational process, especially the first-graders.

Nobody will call your child to the police and they will not open a criminal case either, since he is too small for this.

Article 1073 of the Civil Code. Liability for harm caused by minors under the age of fourteen

1. Parents (adoptive parents) or guardians shall be responsible for harm caused to minors under the age of fourteen (minors), unless they prove that the harm has arisen through no fault of theirs.

2. If a minor citizen left without parental care was placed under supervision in an organization for orphans and children left without parental care (Article 155.1 of the Family Code of the Russian Federation), this organization is obliged to compensate for the harm caused by the minor citizen, if it does not prove that the harm was not her fault.

3. If a minor citizen caused harm during the time when he was temporarily under the supervision of an educational organization, a medical organization or other organization obliged to supervise him, or the person who supervised him on the basis of an agreement, this organization or this person is responsible for the inflicted harm if it does not prove that the harm arose through no fault of theirs while exercising supervision.

4. The obligation of parents (adoptive parents), guardians, educational, medical organizations or other organizations to compensate for harm caused to minors does not stop when the minors reach the age of majority or receive property sufficient to compensate for harm.

In any school there is always a child who provokes other children into conflict situations. Disputes often escalate into fights. In special cases, they occur systematically. It may also be that the teacher becomes the aggressor. What is the right way to proceed if your daughter or son is systematically beaten?

Who is responsible for the beating?

While children are on campus, teachers are fully responsible for safety. Their responsibilities include conflict prevention. When students are hit, they must react.

Note! Educators take full responsibility for the safety of children throughout their time in school.

If your child begins to complain about being beaten by other children, immediately inform the educational institution so that they can start a proceeding.

Who should I contact if my child is beaten at school?

The sequence of actions of the parents largely depends on who exactly acts as the instigator of the conflict. There can be two sides in total - teachers and other students.

If a classmate starts a fight, the easiest way to resolve the conflict is to have a preventive conversation with your child, another student, and his parents. In parallel, the participation of a school psychologist is allowed. To do this, you must first write and send a statement to the director, which sets out a request to hold such a meeting. In the most difficult situations, the head of the educational institution also takes part. Other conflicts can be resolved with the participation of the class teacher.

Remember! First, ask for help from the principal of your school - he should call the bully to him and jointly conduct a preventive conversation.

If it did not affect the subsequent actions of the conflict child, contact the representatives of the commission on juvenile affairs for help. Write a statement at the representative office and inform about the need to re-interview. Even if after that the result turns out to be zero, the instigator will be put on a special account.

If you are seriously injured as a result of a fight, you will have to contact your local police station. Even despite the fact that, according to the law, children under 14 years old will not bear any responsibility for their actions, the commission will have to hold a preventive conversation with the parents of the instigator. The latter can be punished under a number of articles of the Administrative Code for poor parenting.

What to do if a child is offended by a teacher?

When such a situation arises, usually two options are offered for its solution.

Option one- conducting a personal conversation with the teacher. If the parents are loyal to the events that have arisen, and the child has no serious health complaints, visit the director's office and ask to talk to the teacher.

Option two- seeking help from law enforcement agencies. It also happens that the preventive conversation did not bring the desired effect, or the child was physically injured. Here you can no longer do without the help of the police. Parents have the right to dismiss the teacher by decision of the director, since violence in the educational institution is strictly prohibited.

What is needed to draw up a statement to the police?

If your child comes home badly beaten, you need to act this way.

1. Get a medical clearance... The purpose of this event is to obtain a doctor's opinion, which provides an assessment of the child's health at the time of the examination. The document contains a complete list of injuries, the degree of their complexity, as well as localization.
2. Make a statement at the police station... You can write it in free form. It is highly recommended to attach copies of medical documents obtained earlier to the document.
3. Submit the petition... It is served in the branch of the district where the conflict situation occurred. The duty officer is obliged to issue a notification that the application has been accepted.

Note! Be sure to record any injuries the child has suffered before contacting your local police station. This is possible at any medical center.

In accordance with the deadlines established by law, police officers are required to notify the school and the juvenile commission of the fact of receipt of the application. The head of the educational institution also reserves the right to initiate proceedings.

If the investigator unreasonably refused to start criminal proceedings, appeal this decision through the prosecutor's office.

Where can you apply?

The sequence of actions depends on how many times incidents have occurred.

This crime is regarded as beatings. The event can be given a different legal assessment - causing damage of varying severity, which is indicated in. The above regulatory legal acts are relevant only in cases where the child has been beaten once. With the systematic infliction of injuries or infliction of physical suffering, the acts will be qualified in accordance with the norms.

The application is submitted to the local police station. But before that, it is strongly recommended to seek the help of lawyers. The active support of specialists will increase the chances of punishing the offender to the fullest extent of the law.