The substitution of a child in the criminal law of Russia is an act that is criminal in accordance with Article 153 of the Criminal Code of the Russian Federation . Criminal liability is established for replacing a child committed out of mercenary or other base motives.
Content
History
Composition of crime
Crime Object
The main direct object of this crime is public relations aimed at protecting family relations between parents and children, strengthening family and family ties [1] .
The victim of a crime is a child. Although according to the legislation of the Russian Federation, a child is considered to be a person under the age of 18, most researchers believe that only a child who cannot be identified by parents or other interested parties can be a victim of a child substitution. Thus, substitution is, in most cases, possible only in maternity hospitals and other medical institutions, before the mother or other relatives have the opportunity to establish unique identifying signs of the child.
The objective side of the crime
The objective side of the composition provided for by Article 153 of the Criminal Code, includes the act of replacing one child with another. The ways of carrying out the action may be different, but in any case include deception of interested persons regarding the personality of the child. With the consent of the child’s parents or other interested parties to make a replacement, the composition of the child’s substitution is absent and the act is qualified under other articles of the Criminal Code of the Russian Federation (for example, trafficking in persons - article 127.1 of the Criminal Code of the Russian Federation, or illegal adoption - article 154 of the Criminal Code of the Russian Federation).
The corpus delicti is formal. The act is completed from the moment of taking actions aimed at replacing one child with another.
Subject of crime
The subject of the crime is a physical sane person who has reached 16 years of age. As a rule, these are employees of medical institutions, the parents of one of the persons participating in the replacement operation, etc.
The subjective side of the crime
The subjective side is guilty in the form of direct intent and a special motive. As such, selfish or other base impulses act. Selfish motives are a desire for unjust enrichment. Other base motives may include, for example, revenge, personal hostile relationships, using the child as an organ donor or for committing another crime, etc.
Qualifying Attributes
Qualified compositions of this act are not provided for by the Criminal Code of the Russian Federation.
Notes
- ↑ Criminal law. Special Part / Ed. I.V. Shishko. - M .: Prospect, 2012 .-- S. 159. - 752 p. - ISBN 978-5-392-02569-5 .