In Russia, abandonment in danger received the status of an illegal act for a long time. As a crime, it has been considered in domestic law since the 17th century. The first mention of it, in particular, is found in the XXII Chapter of the Code of 1649. Let us further consider how the previous legislation and the modern Criminal Code of the Russian Federation characterize the danger of being left behind, what the structure of this crime is and the basic conditions for recognizing the act as such, as well as what threatens the perpetrator.
General information
When considering abandonment in danger, it is necessary to take into account that this phenomenon takes place in the field of social interactions. It reflects an act that is performed within the framework of mutual assistance and has a separate structure. This act provides for the presence of subjects, the relationship between them and the system of duties and rights, subject and object. The very word "abandonment" is derived from the verb "leave". It can be understood as:
- Go away, do not take anything or anyone.
- To leave, to leave.
- Save something in some state, someone in a certain position.
- Stop doing something.
From these options it becomes clear that abandonment is an act, the essence of which indicates a certain role of a person in social relations, business, activities. This volitional act consists in the completion of participation in a certain process, non-interference in further events related to it.
Specificity
One of the features of the phenomenon under consideration is the fact that it can be accompanied by certain actions. For example, when a person leaves. In this case, the person’s behavior refers to the distance from the object, but the actions of the latter do not concern them. The subject remains indifferent to further events. Thus, the concept of “abandonment” can be characterized as the self-removal of a person from participation in something, in the future fate of a particular object in a figurative and direct sense.
Urgency of the problem
It should be noted that the concept of “leaving in danger” was not specifically mentioned in the legislation until 1903. Nevertheless, in practice and the theory of criminal law this problem was given special attention. In particular, issues related to this phenomenon were considered in the framework of the study of responsibility for infanticide. Experts began to talk about the possibility of its commission through inaction already in the middle of the 18th century. In practice, abandonment of a child even before the advent of the 1649 Code was almost always recognized as a type of murder that was committed under extenuating circumstances. Probably, this was due to the fact that the direction of intent was taken into account - getting rid of the newborn. The attitude towards this at that time type of crime It seems quite justified, since infanticide was very common in Russia at that time. 
Official recognition
As an independent crime, leaving in danger was first enshrined in the Code of 1903. This indicates significant changes in the development of the criminal doctrine of the time. The Code provided for several articles, the provisions of which were devoted to responsibility for various types of non-provision of assistance. The legislation differentiated punishments not only taking into account objective signs, but also in accordance with the nature of the obligation to provide assistance to the victim assigned to a specific subject.
Composition and types
A whole chapter was devoted to the general signs of a crime provided for in the Code of 1903.It defines, in particular, the types of this act. Among them were:
- Abandonment or tossing of a minor up to 7 years old if the conditions for his life were threatening.
- Failure to provide assistance to such a person who, due to his health or age, cannot take care of himself.
These interpretations are reminiscent of modern norms about the general corpus delicti. In the Code of 1513 Art. abandonment was considered a deliberate “abandonment” of a helpless person in a position / condition in which there was a threat to his life due to the lack of proper conditions. 
State of helplessness
A person who is unable to help himself acts as a victim. This situation is caused either by the age of the victim, or by the presence of any disease. Some authors associate helplessness with different situations in which a person may be. In the Code, such a state was classified by degree. The higher the level, the more dangerous the abandonment was considered. For example, age was taken into account, especially if the case concerned a child.
Post-revolutionary situation
Some time after 1917, formally, criminal law was absent. The first legal acts of the Soviet era were aimed at regulating more important state and social issues. Abandonment was not mentioned in any provisions of the law. However, in practice, courts have often begun to hold individuals accountable for not providing assistance to victims, regardless of whether this duty was charged first or not, whether the perpetrator had the opportunity or not. For such misconduct, short-term imprisonment was used as punishment. 
Article 125 of the Criminal Code of the Russian Federation “Abandonment”
In modern legislation, the essence of the act in question is quite clearly explained. Thus, article 125 of the Criminal Code interprets abandonment as a deliberate non-participation in helping a person who is in conditions that threaten his life and health and is deprived of the opportunity to take appropriate measures for self-preservation due to illness, old age, infancy or helplessness. If the guilty person could take care of the victim or had such an obligation to him or he himself put the victim in such a state, he shall be punished:
- Fine, up to 80 thousand rubles. or equal to the amount of his income / salary for six months.
- Correctional labor, the term of which is up to a year.
- Arrest up to 3 months.
- Mandatory work from 120 to 180 hours
- Imprisonment for up to a year.
Comment
In the current Criminal Code, the act in question is partially decriminalized. In particular, in the legislation of the RSFSR (127 articles of the Criminal Code), leaving in danger implied any failure to provide appropriate assistance or failure to report the need for it, if it could be applied. There is no such definition in the current Code. That is, a failure to report a need is not considered a criminal act, despite the fact that moral standards they strictly assess such inaction.
Important point
Abandonment in danger (v. 125) consists of inaction, which is expressed in the refusal of assistance to a person who is in conditions threatening his life and health, and deprived of the opportunity to independently find a way out of this situation. This situation is caused by illness, infancy or advanced age of the person. The culprit, in turn, must understand these circumstances. Such "deliberate", "awareness" focuses attention in the disposition of the norm. If the guilty party in good faith was mistaken in the possibility and ability of the victim to independently take appropriate measures for self-preservation, then responsibility under the article does not occur.
Mandatory conditions
To hold accountable for leaving in danger the Criminal Code provides for the presence of circumstances such as:
- An opportunity to help a victim who was in a threatening situation.
- The obligation to take care of the injured or to intentionally create dangerous conditions for him.
These conditions are in a fairly close relationship. Therefore, when applying the rules of the article, it does not matter if there was any danger to the guilty person, if he had provided assistance, or not. In this case, the availability of such an opportunity will have the only value. The obligation to take care of the victim comes from the law. For example, parents should take care of their children. Also, such an obligation is provided by the norms of the Labor Code for educators, teachers. It can also come from the terms of the contract (with the carer, nanny, guide of the expedition, bodyguard, etc.), from the previously committed actions of the guilty person (he himself suggested taking care of the child or elderly parents). 
Wines
In cases where a person himself put the victim in a condition that threatens his life and health, along with causing harm by negligence, judicial practice refers to the deliberate abandonment of accident victims by the driver without assistance from their car. Responsibility in this case comes regardless of whether the perpetrator violated the traffic rules or not. In this regard, 265 Art. The Criminal Code of the Russian Federation (leaving at risk the persons involved in the accident).
Formality
A crime is recognized as committed on the very fact of evading victim assistance, providing him with appropriate assistance in the presence of threatening conditions. It does not matter if there are any real consequences for the victim or not. The subject commits a crime with his inaction, having direct intention and realizing that the other person is in a life-threatening position. Judicial practice does not additionally qualify the behavior of the person who put the victim in a threatening state as a result of intentional infliction of damage to health or attempted murder. This is due to the fact that it is believed that the components of these crimes cover and leave in danger.
Conclusion
Despite the fact that the formation of the category in question in domestic law was extremely slow and very controversial, at present the danger is clearly explained by the current Criminal Code. For a long time, criminal law provided for liability for failure to provide assistance to outsiders. Some authors believe that such behavior can be evaluated solely by moral standards. Nevertheless, in the modern Criminal Code, the legislator tried to provide for all possible options for leaving in danger that may occur in the framework of public interactions.
