Crimes against family and minors, Involving a minor in committing...

Crimes against family and minors

Involving a minor in committing a crime

1. Involvement of a minor in committing a crime by promises, deceit, threats or otherwise, committed by a person who has reached the age of eighteen -

is punishable by deprivation of liberty for a term of up to five years.

2. The same act committed by a parent, pedagogical worker, or other person for whom the law is responsible for the upbringing of a minor ( -

is punishable by deprivation of liberty for a term of up to six years, with deprivation of character to hold certain positions or engage in certain activities for up to three years or without.

3. Acts stipulated in parts one or two of this article, committed with the use of violence or with the threat of its use -

is punishable by imprisonment for a term of two to seven years, with or without freedom of imprisonment for up to two years (as amended by Federal Law No. 377-FZ of December 27, 2009).

4. Acts provided for in parts 1, 2, or 3 of this article related to the involvement of a minor in a criminal group or to commit a grave or particularly serious crime, and to commit a crime based on political, ideological, racial, ethnic or religious hatred or enmity or on grounds of hatred or enmity towards any social group , -

is punishable by imprisonment for a term of five to eight years, with or without freedom of imprisonment for up to two years (as amended by Federal Law No. 377-FZ of December 27, 2009).

1. An involvement in the commission of a crime recognizes the actions of a different character of a person who has reached the age of 18, aimed at inducing the minor to commit a crime and instigating his desire to participate in the commission of one or more crimes. Criminal liability for the involvement of a minor in the commission of a crime can be brought to persons who have reached the age of 18 and who committed the crime intentionally.

The methods of involving a minor in committing a crime as provided for in Part 1 of this article are: promises, deception, threats or other means. However, to qualify the actions of the perpetrator it does not matter whether the minor is involved as the perpetrator of the crime, or as another accomplice in the crime (accomplice, instigator).

By promises it is necessary to understand the promise to the minor involved of various consequences favorable for him and (or) his relatives in the future: to transfer money or other property, including stolen from the victim, to provide any assistance and e.

By fraud it is necessary to understand the message to the minor involved of knowingly unreliable information regarding the objective and subjective signs of a crime that the minor inclines towards: the assurance of the minor being involved that he can not be prosecuted due to his age for the deed, or that the valuables seized from the victim do not belong to the victim, but to the person involved, etc. However, the minor does not realize that he commits a crime, faithfully deluded into belonging to seized valuables.

By threat should be understood the warning of an involved minor about various adverse consequences for him and (or) his relatives in case of refusal to commit a crime: cause property damage to a minor, destroy his property, spread disgraceful information about a minor and so on

Under other way involving a minor in the commission of a crime should be understood as the excitation of his feelings of envy, revenge, baser motives, with the aim of inducing the commission of a crime.

According to paragraph 42 of the decision of the Plenum of the US Armed Forces of 01.02.2011 No. 1 when considering cases of crimes committed by minors committed with the participation of adults, it is necessary to carefully examine the nature of the relationship between an adult and a teenager, since these data can be of significant importance for establishing the role of an adult in involving a minor in the commission of a crime. It should also be established whether the adult was aware or admitted that by his actions he involves a minor in committing a crime. If an adult does not know about the minority of the person involved in the commission of the crime, he can not be held liable for the article being commented. The crimes for which the art. 150 and 151 of the Criminal Code are concluded from the moment of committing a crime to a minor, preparing for a crime, attempting to commit a crime or after committing at least one of the antisocial actions envisaged by dispositions of Part 1 of Art. 151 CC (the systematic use of alcoholic beverages, intoxicants, vagrancy or begging). If the consequences envisaged by the dispositions of the above-mentioned norms did not occur due to circumstances beyond the control of the culprits, their actions may be qualified under Part 3 of Art. 30 and art. 150 or art. 151 CC.

According to paragraph 42 of the resolution of the Plenum of the US Armed Forces dated 01.02.2011 No. 1: "In the case of committing a crime to minors who are not subject to criminal liability, the person who involved him in committing a crime, by virtue of part 2 of Article 33 of the Criminal Code of the United States is criminally liable for acting as an executor by means of a mediocre infliction.

The actions of an adult person in inciting a minor to commit a crime in the presence of signs of the composition of the said crime should be qualified under article 150 of the Criminal Code of the United States, as well as under the law providing for responsibility for complicity (in the form of incitement) in the commission of a particular crime. "

2. Part 2 of the article under review provides for increased criminal liability for the commission of the offense by the parent, teacher or other person who is legally responsible for the upbringing of the minor. The subject of these actions can be both physiological parents (father, mother), and adoptive parents of a minor. In addition, parents who had been deprived of parental rights may be prosecuted. Part 2 of this article provides for the prosecution of a pedagogical employee, as well as the person who performs educational functions in relation to a minor (teacher of an orphanage, a teacher at school, a trainer of a sports section in which a minor is involved, etc.). Other persons should also be understood as any actual tutors of a minor (guardian, guardian, stepfather, stepmother, grandfather, grandmother, adult brothers and sisters). However, responsibility in this case can occur for the specified persons only when the minor has no parents or if the parents are deprived of parental rights, and the law imposes on them the duties of educating minors. Persons performing educational functions in children's institutions, for involving a minor in committing a crime, may be deprived of the right to hold these posts.

3. In Part 3 of the commented article, the use of violence as well as the threat of violence are provided as qualified signs of the objective side of the crime

By violence should be understood as the infliction of physical pain, beating, tying, and also the use of physical violence against another person whose life and health are dear to him because of established relationships. The infliction of beatings that do not involve a short-term health disorder is fully covered by Part 3 of the article being commented and additional qualifications under Art. 116 of the Criminal Code does not require. If, as a result of the use of violence, a minor is deliberately harmed to the health of a minor or deliberately inflicting serious or moderate harm to his health, then the actions of the perpetrator should be qualified in accordance with Part 3 of the article being commented and on the relevant article providing for harm to health (Articles 115, 112, 111 CC). If the violence is committed in the form of torture, forced deprivation of liberty, kidnapping of the victim, rape, violent acts of a sexual nature, then the offense is liable for the totality of the crimes provided for in Part 3 of the article under article and the corresponding articles providing for responsibility for the said crimes.

By the threat of violence should be understood the threat of beatings, harm to health of various severity, torture, rape, violent acts of a sexual nature, kidnapping or imprisonment.

4. Part 4 of the article under review provides for responsibility for involving a minor in a crime committed by a group, involvement in the commission of a grave or especially serious crime, or in committing a crime based on political, ideological, racial, ethnic or religious hatred or enmity or on grounds of hatred or enmity in the attitude of a social group.

By criminal group is understood a group of persons by prior agreement, an organized group, a criminal community in which a minor is involved. At the same time, the age composition of the criminal group for qualification does not matter (the group can consist exclusively of minors who are managed by an adult person, or consist of adults and minors). A crime is considered to be "completed" after the consent of the minor to participate in the criminal group, regardless of whether he committed crimes in its composition or did not commit.

5. To understand the qualifying signs of involvement in the commission of a grave or especially serious crime, you should refer to the content of Part 3, 4, Art. 15 of the Criminal Code, providing for these categories of crimes.

For crimes committed on the grounds of political, ideological, racial, ethnic or religious hatred or enmity or on the basis of hatred or enmity towards any social group, they include crimes that are based on hostility to persons belonging to another ethnic, religious or social group or to persons of other ideological or political views.

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