1. Involving a minor in committing a crime by promises, deception, threats or in any other way, committed by a person who has reached the age of eighteen, -
is punishable by imprisonment for a term of up to five years.
2. The same act committed by a parent, teacher or other person who is charged by law with the responsibility for raising a minor, -
shall be punishable by imprisonment for a term of up to six years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. Acts provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, -
shall be punishable by imprisonment for a term of two to seven years, with or without restriction of freedom for a term of up to two years.
4. Acts provided for in parts one, two or three of this article, related to the involvement of a minor in a criminal group or in the commission of a grave or especially grave crime, as well as in the commission of a crime motivated by political, ideological, racial, national or religious hatred or enmity, or based on hatred or hostility towards any social group, -
shall be punishable by imprisonment for a term of five to eight years, with or without restriction of freedom for a term of up to two years.
- Article 149. Obstruction of holding a meeting, meeting, demonstration, procession, picketing or participation in them
- Article 151. Involving a minor in committing antisocial acts
Commentary to Art. 150 of the Criminal Code of the Russian Federation
The main object of the crime under Art. 150 of the Criminal Code of the Russian Federation are social relations related to ensuring the normal physical development and moral education of minors, and the health of a minor can be an additional object.
The objective side of the crime is characterized by a specific action - involving a minor in committing a crime - and a method - through promises, deception, threats or other means.
The role assigned to a minor by an adult (perpetrator, accomplice, etc.) to qualify the actions of the perpetrator under Art. 150 of the Criminal Code of the Russian Federation does not matter.
A promise should be understood as promises of a different nature related to the guilty person performing in the future actions favorable to the person involved: to transfer money or other property to the minor, including as payment for committing a crime; hide him after committing a crime, provide some assistance to his family or friends, etc.
Deception means providing a minor with knowingly false (in whole or in part) information that supports the teenager’s determination to commit a crime. For example, assuring a minor that, due to his age, he will not be held criminally responsible for his actions; persuading a minor to commit actions that do not seem criminal to him, for example, to take some valuable thing from the victim’s house, assuring the teenager that the victim does not want to give this thing away, but that it belongs and is needed by the sick mother of the adult from whom the request comes. In these cases, the minor does not realize that he is committing a crime due to his conscientious delusion in this regard, caused by deception on the part of the adult criminal. Deception can also occur in cases where a minor is aware of the criminality of his behavior. For example, an adult persuades a minor to commit a crime, convincing him that this is the only way he can help his loved ones get out of a difficult financial situation. Deception can also relate to the legal assessment of an act, when incorrect information is provided regarding the qualification of the act and possible punishment, etc. Options for deception can be very diverse, but their essence boils down to the fact that an adult gives false information to a minor regarding objective or subjective factors characterizing the act, and thereby forms in him an attitude to commit a crime.
Threat is understood as a warning to a minor that various kinds of adverse consequences will occur for him or his loved ones if he refuses to commit a crime. The threat can, for example, be expressed in the destruction or damage of property, disclosure of disgraceful information, etc. (except for the threat of physical violence, which is covered by Part 3 of Article 150 of the Criminal Code of the Russian Federation).
Another way of involving a minor in committing a crime may be associated, for example, with arousing in the latter a feeling of revenge, envy and other base motives that motivated him to commit a criminal act.
In practice, sometimes difficulties arise with defining the concept of “involvement.” Despite the fact that Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 No. 7 “On judicial practice in cases of juvenile crimes” Resolution of the Plenum of the Supreme Court of the USSR dated December 3, 1976 No. 16 “On the practice of application by courts of legislation in cases of crime minors and their involvement in criminal and other antisocial activities” was recognized as not valid on the territory of the Russian Federation, and seems to retain the practical significance of paragraph 10 of the Resolution of the Plenum of the Supreme Court of the USSR of December 3, 1976, that the involvement of a minor in the commission of a crime should be understood actions that arouse his desire to participate in the commission of one or more crimes, involving the use of physical or mental pressure (beatings, persuasion, assurances of impunity, flattery, threats, intimidation, bribery, deception, inciting feelings of revenge, envy or other base motives, giving advice on the place and methods of committing or concealing traces of a crime, promising to assist in the sale of the stolen property, etc.). If, despite the indicated influence, the teenager did not participate in the commission of a crime (at least at the stage of preparation or attempt), the actions of an adult should be regarded as an attempt to involve a minor in criminal activity. This provision does not contradict current legislation. This is also confirmed by the fact that the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000 No. 7 no longer provides an explanation of the concept in question. In addition, the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation in a number of its decisions noted that, within the meaning of the law, the involvement of a minor in a crime refers to the active actions of an adult aimed at inciting a desire in a teenager to commit a crime.
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Resolution of the Plenum of the Supreme Court of the USSR of December 3, 1976 N 16 “On the practice of application by courts of legislation in cases of juvenile crimes and their involvement in criminal and other antisocial activities” (as amended) // Judicial practice in criminal cases at 2 o’clock Part 1. Collection of resolutions of the Plenums of the Supreme Courts of the USSR, RSFSR and the Russian Federation / Comp. S.A. Podzorov. M., 2001.
See, for example: Review of cassation practice of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation for 2000 // Bulletin of the Supreme Court of the Russian Federation. 2001. N 7. P. 21.
At the same time, the position regarding the moment of the end of the crime, enshrined in the Resolution of the Plenum of the Supreme Court of the USSR, has changed. This is due to the fact that the elements of the crime in question are formal. Therefore, it is more correct to consider the crime completed from the moment of involvement (from the moment of committing the actions specified in the disposition of Article 150 of the Criminal Code of the Russian Federation) of a minor in the commission of a crime, regardless of whether he committed any crime or not.
When assessing the actions of an adult, it is necessary to pay attention to the fact that the involvement in the commission of a crime of not one, but several minors, within the meaning of the law, does not form a set of crimes provided for in Art. 150 of the Criminal Code of the Russian Federation.
The subjective side of the crime is characterized by guilt in the form of direct intent. The perpetrator is aware that he is involving a minor in the commission of a crime and desires this.
Paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 No. 7 states that when considering cases of juvenile crimes committed with the participation of adults, it is necessary to carefully clarify the nature of the relationship between an adult and a teenager, since this data can be significant for establishing the role of an adult in involving a minor in committing a crime. Persons who have reached the age of eighteen and committed a crime intentionally may be held criminally liable for involving a minor in the commission of a crime. It should also be established whether the adult realized or admitted that his actions were involving the minor in committing a crime. If an adult did not know about the minority of the person involved in the commission of a crime, he cannot be held accountable under Art. 150 of the Criminal Code of the Russian Federation.
This point of view of the Plenum is a logical continuation of the previously existing position of the Supreme Court of the Russian Federation, which indicated that from the subjective side, such crimes presuppose that an adult has direct intent to involve a minor, and for this he commits certain active actions related to direct mental or physical influence on minor.
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Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated March 26, 1992 “Crime under Art. 210 of the Criminal Code, can only be committed with direct intent” // Bulletin of the Supreme Court of the Russian Federation. 1993. N 1. P. 8.
In some cases, judicial practice when establishing the subjective side of a crime is based on the fact that a minor must be aware that he is being involved in the commission of a crime. And the absence of such awareness excludes the presence of elements of involvement of a minor in the commission of a crime. We cannot agree with this position, since according to Art. 150 of the Criminal Code of the Russian Federation, responsibility for involving a minor in the commission of a crime is borne by an adult if he was aware that by his actions he involved the minor in committing a crime, and wanted this.
The subject of the crime is special. By virtue of the direct instructions of the law, he is a sane person who has reached the age of eighteen.
Paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 No. 7 states that the commission of a crime using a person who is not subject to criminal liability due to age (Article 20 of the Criminal Code of the Russian Federation) or insanity (Article 21 of the Criminal Code of the Russian Federation), does not create complicity. At the same time, when a crime is committed by a minor who is not subject to criminal liability on the grounds stated above, the person who involved the minor in committing this crime, by virtue of Part 2 of Art. 33 of the Criminal Code of the Russian Federation bears responsibility for the act as a perpetrator who committed a crime through the use of other persons who are not subject to criminal liability. When inciting a minor to commit a crime, the actions of an adult, if there are signs of such a crime, must be qualified under Art. 150 of the Criminal Code of the Russian Federation, as well as according to the norm providing for liability for complicity (in the form of incitement) in the commission of a specific crime.
Part 2 of Art. 150 of the Criminal Code of the Russian Federation provides for increased criminal liability of parents, teachers and other persons who are charged by law with the responsibility for raising minors if they commit these crimes.
Parents should be understood as the father and mother who involve a minor in a crime (including those deprived of parental rights if they have not lost their influence on the minor), adoptive parents, as well as his adoptive parents.
It should be borne in mind that liability under Part 2 of Art. 150 of the Criminal Code of the Russian Federation should be borne not only by the teacher, but also by the person who performs educational functions in relation to a specific teenager involved in the commission of a crime (for example, the coach of a teenager involved in a sports section, the head of an art group in a leisure center, etc. ).
Persons performing educational functions in children's institutions for involving a minor in the commission of a crime may be in accordance with Art. 47 of the Criminal Code of the Russian Federation are deprived of the right to occupy these positions or are deprived of the right to engage in relevant activities.
Other persons should include a guardian (trustee), stepfather, stepmother, relatives of a minor who have taken the minor into permanent care and support and involve him in committing a crime.
The subject of the crime provided for in Part 2 of Art. 150 of the Criminal Code of the Russian Federation, special.
The involvement of minors in committing a crime may be accompanied by the use of physical violence (Part 3 of Article 150 of the Criminal Code of the Russian Federation). Physical violence can be expressed in beatings that do not result in short-term health impairment or minor permanent loss of general ability to work, intentional infliction of light or moderate harm to health, torture without aggravating circumstances, rape or sexual assault without aggravating circumstances.
If the health of the victim is intentionally caused grievous harm (Article 111 of the Criminal Code of the Russian Federation) or violence is committed in the form of torture under aggravating circumstances (Part 2 of Article 117 of the Criminal Code of the Russian Federation), or in the form of rape, or violent acts of a sexual nature under aggravating circumstances (Part Parts 2, 3 of Article 131, Parts 2, 3 of Article 132 of the Criminal Code of the Russian Federation), the involvement of a minor in a crime is qualified in conjunction with the specified articles of the Criminal Code of the Russian Federation.
The threat of violence includes the threat of beatings, causing harm to health of any severity, the threat of torture, rape, and committing violent acts of a sexual nature.
Particularly qualified (Part 4 of Article 150 of the Criminal Code of the Russian Federation) are acts related to the involvement of a minor in a criminal group (Article 35 of the Criminal Code of the Russian Federation) or in the commission of a serious or especially serious crime (Article 15 of the Criminal Code of the Russian Federation). The instruction on the involvement of a minor in a criminal group refers to the involvement in a group of persons without prior agreement, in a group of persons by prior agreement, as well as in an organized group and criminal community.
If a person has involved a minor in committing a crime under Art. 213 of the Criminal Code of the Russian Federation, his actions are subject to qualification according to the totality of crimes provided for in the relevant part of Art. 213 of the Criminal Code of the Russian Federation and Part 4 of Art. 150 of the Criminal Code of the Russian Federation (for involving a minor in a criminal group).
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See: paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2007 N 45 “On judicial practice in criminal cases of hooliganism and other crimes committed out of hooligan motives” // Bulletin of the Supreme Court of the Russian Federation. 2008. N 1.
Particularly aggravating circumstances include the commission of a crime motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group. Involvement of minors in the commission of a crime for these reasons is also subject to qualification under Part 4 of Art. 150 of the Criminal Code of the Russian Federation.
Lawyer under Art. 150 of the Criminal Code of the Russian Federation Involvement of a minor in the commission of a crime
Since Art. 150 of the Criminal Code of the Russian Federation in almost every case is a related crime; a criminal lawyer protects the client in a comprehensive manner for all elements of crimes and all episodes. Depending on the specific specifics, the most optimal protection scheme should be determined in order to maximize the situation of the defendant. At the same time, the composition of Art. 150 of the Criminal Code of the Russian Federation, starting from the simplest, provides for a rather serious sanction. Lawyer under Art. 150 of the Criminal Code of the Russian Federation will help determine the optimal defense tactics in a criminal case from the very beginning of the criminal process. If you or your relative are charged with Art. 150 of the Criminal Code of the Russian Federation Involvement of a minor in the commission of a crime, do not delay in choosing a defense lawyer, call a criminal lawyer at the phone number listed on the website.
