Art. 157 of the Criminal Code, Part 1 of Art. 157: What punishment is provided for?

The Constitution establishes equal duties and parental rights for the care and education of their children. The period from birth to adulthood is the most important stage in human life. During this time, the foundation of the mental and physical health of the citizen is laid. The development of the child in the future largely depends on his material well-being. For malicious evasion of the mother / father from the content of the court decision of underage dependents, as well as those who have reached the 18th anniversary of the disabled, provides for liability. It is set in the Criminal Code of the Russian Federation, Part 1 of Art. 157. Let us consider it in more detail.

Art. 157, part 1 of the Criminal Code: punishment

If the parent does not comply with the court decision, according to which he is charged with paying for the maintenance of his children, he is sanctioned by legislation. The verdict of Art. 157, part 1 of the Criminal Code may be one of the following:

1. Correctional labor up to 1 g.
2. Imprisonment for up to one year.
3. Forced labor for the same period.
4. Arrest for up to 3 months.

Art. 157, part 1 of the Criminal Code: comments on the object of the crime

As a direct object of the act is the material aspect of the relationship between children and parents. Victims are first of all considered to be minors who are entitled by a court decision to receive funds from their own parents. In addition, this category of subjects of the Criminal Code, Part 1 of Art. 157 includes disabled children who have reached the age of 18 and whose mother / father are required to maintain, by definition, an authorized agency. The origin of children is confirmed in the order established in the law. It provides for the registration of birth in the registry office. A special entry is made in the special book about the child and his parents. Proof of the origin of the citizen is the certificate of his birth, issued by the registry office. It may be amended on the basis of a judicial act. Adult children are recognized as disabled if they have a disability of 1-3 groups and need, in addition, assistance. The latter means that they do not receive benefits or pensions from the state or public associations or this provision is insufficient to meet the needs.

The objective side

Fixed in the Criminal Code of the RF Part 1 of Art. 157 includes a criminal offense by the parents of the duties imposed on them by two types:

1. Malicious evasion of the detention of underage children.
2. The same act with regard to adult disabled dependents.

To bring to responsibility according to the provisions of the Criminal Code of the Russian Federation, Part 1 of Art. 157 guilty, the entry into force of an act of the court on the recovery from the parents of appropriate funds is required. The amount is determined by taking into account the amount of salary or other income.

Evild evasion

It is it that forms the elements of the crime under Part 1 of Art. 157 of the Criminal Code of the Russian Federation. Malicious evasion is recognized as unlawful behavior of an obligated person, consisting in:

• Hiding real income.
• Frequent change of work to avoid retention of the salary on the writ of execution.
• Evasion of employment and so on.

From this it is obvious that illegal behavior can be expressed both in action (refusal to work) and in inaction (failure to provide reliable information about incomes). Malice means a long and steady reluctance to perform duties. Precedes criminal liability civil law. In part 3 of Article 111 of the Criminal Code, a provision has been fixed on the consequences of non-notification by the guilty person for disrespectful reasons of information about the change of place of residence or work. Under Part 1 of Article 81 of the SC, maintenance in a certain amount is collected from the entire income / salary of the parent. In this regard, if the obligated subject maliciously evades payments, then his behavior is qualified under Art. 157 of part 1 of the Criminal Code of the Russian Federation. The amnesty of 2015 extends to convicts under the article under consideration, provided that the perpetrators are brought to justice for the first time.

Exceptions

Even the systematic failure to provide information on the following payments can not be qualified for the article in question:

• Material assistance and severance pay in case of dismissal.
• One-time premiums for which there is no accrual of insurance premiums.
• Rewards for outstanding works of art, literature, science.
• Compensations for transfers and business trips to other locations.
• Field allowance, amounts of surcharges and other payments that replace apartment and per diem.
• The cost of free public utilities and apartments.
• Compensation for the wear of clothing and tools.
• Amounts for supplementary meals, treatment in sanatoria (at resorts), prosthetics of victims and the cost of care for them with compensation for damage that arose during injury or other damage to health.
• Benefits at the birth of a child.
• Additions to pensions for the disabled 1 gr. To care for them.
• Benefits for burial from the state, deducted by social. Insurance.
• Compensation for work in extreme or harmful conditions.
• Benefits for single mothers with many children.
• The amount intended for persons exposed to radiation in connection with accidents and catastrophes at nuclear power plants.
• Benefits for underage dependents for the period of tracing parents and so on.

Special cases

If the guilty person, wanting to avoid responsibility, commits the murder of a child in respect of whom he is obliged by the court decision to make payments, his actions should be qualified according to the composition provided for in art. 105, as a deliberate infliction of death for mercenary motives. In the event that before this the subject has maliciously evaded paying alimony, then his actions are considered in the aggregate of articles.

Adult children

Evasion of the maintenance of disabled dependents who have reached the age of 18 can be expressed as a refusal to provide the necessary material means for ensuring the proper living conditions for children, and as failure to take necessary care of them. For example, this may be the lack of medicines, products, and so on. When determining the obligation of parents to pay alimony, it is necessary to take into account that in Art. 85 UK issued an indication of disabled adults who need help.

The subjective side

It consists in intentional guilt and is expressed by direct intent. The entity understands that it maliciously evades payment of imputed funds by a court decision and wishes to perform these actions. Only the parent can be guilty. They are considered to be an individual, capable and responsible, who reached the age of 16, recognized by law or by the birth of the child's parent. Responsibility can be borne by fathers who are not married to the mother, if their paternity is proven.