Author

Marina A.A.

Title of article

Malicious evasion from payment of means for the maintenance of children or disabled parents: criminal-legal and criminological analysis of the subject of crime

Section

Section 12. The problems of legal science and law enforcement practice: young researchers’ view

Issue, year

1 (35) 2016

Abstract

Malicious evasion of alimony payment for the maintenance of minor children and disabled parents requires a special subject, having not only common, but also specific characteristics. In Russia, the number of facts of failure to perform (to perform properly) the parental responsibilities concerning the upbringing and maintenance of minors and adult disabled children is growing. The greatest danger of this offence is that it is committed by persons who, because of morality, ethics and the law should take care of their loved ones - minor children and disabled parents. The high social significance of the problem determined the approach of the legislator, who emphasized in Article 157 of the RF Criminal Code that the subject of this crime is special. Additional characteristics of special subject are fixed in the disposition of criminal-legal norm by legislator, or characteristics of the subject are determined by the interpretation of the criminal law. Special subjects of crime are parents of minors, adoptive parents, persons deprived of parental rights, or other persons responsible for the upbringing and maintenance of minors or adult disabled children, as well as capable adult children (in general – persons connected with the victims by blood relationships). Absence of special subject characteristics, provided for this corpus delicti, excludes criminal liability. When imposing the sentence, the court takes into account not only the characteristics of the offender, but also examines the personality of the guilty person: the combination of social and psychological qualities of the person, individual characteristics. The intention of perpetrator is often influenced by some socio-demographic characteristics.

Keywords

subject of crime; subject characteristics; personality traits; alimony; malicious evasion of payment; children; disabled parents.