Рarental responsibility for leaving children in danger

Abstract

The issues of criminal responsibility of general and special subjects for leaving children in danger, its norms are general and not specific, and also, there are the issues of their correct interpretation. In addition, there is a gap in the domestic legislation in this scope of law. The authors justified the conclusion that the existing norms of the criminal legislation of the Republic of Kazakhstan do not fully provide criminal law protection of the safety of life and health of children. In this regard, law enforcement has difficulties and often made erroneous decisions. One of the peculiarities of criminal law of Kazakhstan of this scope is that most cases contain rules that establish responsibility for acts, which have already caused serious consequences. Foreign criminal law differs by the presence of a pronounced preventive nature rules in this scope. The legislator of the Republic of Kazakhstan should adopt this experience and strengthen the preventive nature of criminal law norms designed to ensure the safety of life and health of children. The authors propose to introduce in the Criminal Code of the Republic of Kazakhstan special rules criminalizing parent liability for putting their children in danger in various situations. One of the peculiarities of criminal law of Kazakhstan of this scope is that most cases contain rules that establish responsibility for acts, which have already caused serious consequences.