The child’s mother and her cohabitant, who is not the child’s biological father, have been accused of abusing their mother’s and father’s rights and responsibilities and of making it easy for a family member to do so: both over a period of almost 10 years, from the age of 7. in their home, having the right and duty to raise and care for the child fairly, to take care of his health, systematically abused these rights and duties, physically and mentally crushed the child, treated him brutally, ie with an angry hand, a belt, a cord, a scourge, a rubber hose through various body parts, forced to kneel for a long time on peas, beans, hard ground, kneel with raised hands, and otherwise violently violated the child, thus causing him physical pain.
Did not give to eat
In addition, they constantly mentally crushed the child, interacted with him and shouted at him, unjustifiably accused him of various offenses, systematically humiliated, mocked and insulted him, calling the victim in uncensored, insulting words, threatened to drive him out of the house, did not give him away.
The district court found the child’s mother and her partner guilty of both offenses and sentenced them to one year of total custodial sentences, suspending their execution for one year, ordering both convicts to apologize to the injured child and serve his entire sentence within one month of the sentence. children, to take care of their health, to maintain them.
The cohabitation measure for the mother’s cohabitant is an obligation to participate in a program for the correction of violent behavior for nine months from the date of entry into force of the sentence, after hearing the entire cycle of the program. Both convicts disagreed with the court’s verdict, did not admit their guilt and asked the district court to acquit them, arguing that there was no evidence in the case to substantiate their guilt.
Abused her mother’s rights
The district court, hearing the case on appeal, found that there was sufficient evidence in the case that the child’s mother had systematically, for almost ten years, abused her mother’s illness – a mixed disorder of emotion and emotions. functioning and adaptation, the child still needs psychological treatment. Although there is no written evidence in the case (appeal to the responsible authorities, etc.) about the mother’s unlawful actions against the victim, all the evidence gathered in the case is sufficient to establish the alleged circumstances as established.
The panel of judges noted that it is natural that parents often raise their voices when educating and educating their children in order to make them disciplined and responsible, without listening to children or responding to comments, but such behavior does not in itself constitute criminal liability. However, in the present case, the data collected in the case presuppose that the convicted person (together with a partner) chose completely inappropriate means of disciplining the child, which had a detrimental effect on the child’s mental, physical, spiritual and emotional development.
He applied a flawed system of penalties
The mother’s unlawful behavior was manifested in the child’s inadequate upbringing, flawed system of punishments, insufficient care, and lack of attention to the child’s needs. The evidence gathered in the case (testimony of the juvenile victim and witnesses, in part the convicts themselves, given in court and during the pre-trial investigation, letters from the victim to the school social workers and psychologist, report from the school principal) psychological violence, failure to meet the child’s emotional needs, disrupted the child’s daily functioning and adaptation.
There was sufficient evidence in the case file to establish the guilt of both convicts in the actions that caused the child a minor health disorder.
According to the court, the extremely problematic behavior of the victim highlighted as a justification by the convicts cannot in itself justify the disciplinary measures used.
Separated from the family, the child has changed
The corporal punishment used by the convicted person (and the convicted person) cannot be justified by the need to teach the child to follow the norms of behavior accepted in society, not to abuse alcohol, to attend classes, not to smoke, etc., as the punishment the result of educational measures and behavior incompatible with human dignity is a mild impairment of health.
It was also noted that the positive changes in the child’s behavior and emotions observed after the victim was separated from the convicts and placed in a socially and emotionally safe environment could be considered as indirect evidence confirming that the identified mental health disorders are causally related to the child’s psychotrauma. events: inadequate care and control of the mother and her partner, inadequate methods of upbringing, etc.
The panel of judges acquitted the woman’s partner on charges of abusing her father’s rights, finding that she could not be the subject of a criminal offense under Article 163 of the Criminal Code (abuse of her father’s rights). The victim had a biological father, his authority over the child was not restricted, the convict did not adopt the boy, was not his official guardian or caregiver, was not the victim’s legal representative, and did not have the same rights and responsibilities to the child as his parents or legal guardians or other legal guardians. its representatives. The case law of the European Court of Human Rights has also been taken into account that criminal law must not be interpreted broadly to the detriment of the incendiary.
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