Criminal law: Art. 125 "Leaving in danger"

The Criminal Code provides 125 articles "Leaving in jeopardy." The objective part of this crime is expressed in the inactivity of the subject. It manifests itself in the failure to perform any action in the presence of a threat to the health or life of another person. Let us consider in detail the composition of this crime, as well as the punishment imposed on it in the Criminal Code of the Russian Federation.

Leaving in danger: circumstances

Involvement of the culprit is liable if there are the following conditions:

1. The left person was really in a dangerous state for his life or health.
2. A person in threatened conditions could not take self-preservation measures alone. The causes of helplessness can be different. The most common are age or severe illness.
3. The perpetrator had a real opportunity to provide assistance, and for his life or health there was no threat. You can not attract a person who is not able to help because of any serious circumstances. For example, someone did not save the sinking, because he himself does not know how to swim.
4. The perpetrator had to take care of the person in need of help. This duty may have different grounds. For example, it could be a law order, agreement terms, a particular profession or a type of activity. Such people include teachers, carers, educators, bodyguards, rescuers, firemen, coaches and so on.
5. Guilty himself put the victim in dangerous conditions. For example, the head of a group of tourists carried an inexperienced traveler into a difficult mountainous area, and the latter fell into the abyss.

general characteristics

The composition of the crime in question is formal. In order to attract the perpetrator for leaving in danger, there is no need for consequences in the form of causing damage to the health or life of the victim. The deed is committed with direct intent. He forms the subjective part of the crime. The guilty person understands that the other person is in a helpless condition, and he himself has the opportunity to help him. However, he evades taking the necessary actions and leaves the victim deliberately in danger. A person who has reached the age of 16 may be brought to liability.

Article 125: abandoning a person in danger (punishment)

For the crime in question the Criminal Code establishes the following sanctions:

1. Penalty up to 80 thousand rubles. Or in the amount of the salary (other income) of the guilty person for a period of up to six months.
2. Compulsory work for 120-180 hours.
3. Imprisonment for up to one year.
4. Corrective labor up to 1 year.
5. Arrest up to three months.

Comments

The abandonment of danger in modern legislation is partially decriminalized. In Art. 127, part 1 of the Criminal Code of the RFSR was provided for the responsibility of any citizen for failing to provide assistance to the victim or for not informing about the need for it if the opportunity for this was. Under the current Code such inaction is not punishable. At the same time, moral norms strictly assess this kind of behavior.

Inactivity expression

Behavior of the guilty is manifested in the care of a person who needs help. In this case, the victim himself is not in a position to help himself. This article, leaving a child at risk, as well as a citizen in old age, in serious illness, does not consider illegal conduct in the event that a person has a faithful error about the ability and ability of the victim to take measures for self-preservation.

Obligatory conditions

The responsibility for leaving in danger will come if the perpetrator:

1. I could help the victim.
2. He had to show concern or put the victim in a helpless position.

These conditions are related to each other. To be held accountable for leaving in danger in practice, it does not matter whether there was a threat to the perpetrator. In this case it is important that there was an opportunity to help. Among the cases when the perpetrator himself put the victim in a helpless condition, together with causing harm through negligence, the judicial practice recognizes and the deliberate abandonment by the driver of the danger of a victim of an accident with his car. It does not matter whether the specified subject is guilty of the accident or not. In this case, it should be noted the precautionary value of Art. 265 of the Criminal Code. In accordance with it, the penalty for leaving the place of an accident is provided .

Conclusion

The composition of the crime is considered to be formal. The deed is recognized as perfect on the very fact of inaction. The latter is expressed in evading assistance to a person who is in a helpless state, regardless of the occurrence of any or other consequences. The perpetrator commits a crime with direct intent, realizing that he leaves the person in conditions that threaten his life and health. In the judicial practice, the additional qualifications for the article under consideration do not use the behavior of the perpetrators who put other people in a dangerous state due to an attempted murder or deliberate infliction of damage to the body. In this case, it is considered that evasion from rendering assistance to the victim is included in the formulations of these crimes.

Leaving in danger is an act directed against the life and health of a person. It has a certain threat to societies, not only because it qualifies under the Criminal Code. This behavior is not consistent with generally accepted moral standards.