Article 150 of the Criminal Code of the Russian Federation. Involving a minor in committing a crime
- 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.
- The same act committed by a parent, teacher or other person who is charged by law with the responsibility of raising a minor is 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.
- Acts provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, are 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.
- 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 based on political, ideological, racial, national or religious hatred or enmity or on grounds hatred or hostility towards any social group - is 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.
Defense in cases of crimes against family and minors
The main task of defending crimes against family and minors is to prevent “excesses” on the part of the state represented by the law enforcement system, so that acts, although they have illegal characteristics, are classified correctly, so that an innocent person is not illegally prosecuted. Such provocations of law enforcement agencies and social activists who send a minor whose appearance clearly does not correspond to his age to test purchase alcoholic beverages, overzealousness on the part of social protection authorities, unfortunately, this does occur, but a criminal lawyer will provide protection for crimes against family and minors and in such cases.
Article 151 of the Criminal Code of the Russian Federation. Involving a minor in committing antisocial acts
- Involving a minor in the systematic use of alcoholic beverages, intoxicating substances, in vagrancy or begging, committed by a person who has reached the age of eighteen, is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or arrest for a term of up to four hundred and eighty hours. a term of three to six months, or imprisonment for a term of up to four years.
- The same act committed by a parent, teacher or other person who is charged by law with the responsibility of raising a minor is punishable by restriction of freedom for a term of two to four years, or by arrest for a term of four to six months, or by imprisonment for a term of up to five. years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
- Acts provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, are punishable by imprisonment for a term of up to six years, with or without restriction of freedom for a term of up to two years. Note. This article does not apply to cases of involving a minor in vagrancy if this act was committed by a parent due to a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
Chapter 20. CRIMES AGAINST THE FAMILY AND MINORS
Article 150. Involvement of a minor in the commission of a crime
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, -
(as amended by Federal Law dated July 2, 2013 N 185-FZ)
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.
(as amended by Federal Law dated December 27, 2009 N 377-FZ)
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, -
(as amended by Federal Law dated July 24, 2007 N 211-FZ)
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.
(as amended by Federal Law dated December 27, 2009 N 377-FZ)
Commentary on Article 150
Article 151. Involving a minor in committing antisocial acts
1. Involving a minor in the systematic use (drinking) of alcoholic and alcohol-containing products, intoxicating substances, in vagrancy or begging, committed by a person who has reached the age of eighteen, -
(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 21, 2013 N 365-FZ)
shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or arrest for a term of three to six months, or imprisonment for a term of up to four years.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
2. The same act committed by a parent, teacher or other person who is charged by law with the responsibility for raising a minor, -
(as amended by Federal Law dated July 2, 2013 N 185-FZ)
shall be punishable by restriction of freedom for a term of two to four years, or arrest for a term of four to six months, or imprisonment for a term of up to five 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.
(as amended by Federal Law dated December 27, 2009 N 377-FZ)
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, -
(as amended by Federal Law dated December 8, 2003 N 162-FZ)
shall be punishable by imprisonment for a term of two to six years, with or without restriction of freedom for a term of up to two years.
(as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated December 21, 2013 N 365-FZ)
Note. This article does not apply to cases of involving a minor in vagrancy if this act was committed by a parent due to a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
(note introduced by Federal Law dated December 8, 2003 N 162-FZ)
Commentary on Article 151
Article 151.1. Retail sale of alcoholic beverages to minors
(introduced by Federal Law dated July 21, 2011 N 253-FZ)
Retail sale of alcoholic products to minors, if this act is committed repeatedly, -
shall be punishable by a fine in the amount of fifty thousand to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of three to six months, or by correctional labor for a term of up to one year, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. or without it.
(as amended by Federal Law dated December 31, 2014 N 529-FZ)
Note. The retail sale of alcoholic products to a minor, committed by a person more than once, is recognized as the retail sale of alcoholic products to a minor, if this person has previously been brought to administrative responsibility for a similar act within one hundred and eighty days.
Article 152. Repealed. — Federal Law of December 8, 2003 N 162-FZ.
Article 153. Substitution of a child
Substitution of a child, committed for selfish or other base motives, -
shall be punishable by imprisonment for a term of up to five years with a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months.
(as amended by Federal Law dated December 8, 2003 N 162-FZ)
Commentary on Article 153
Article 154. Illegal adoption
Illegal actions of adopting children, placing them under guardianship (trusteeship), for upbringing in foster families, committed repeatedly or for mercenary reasons -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to six months.
(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)
Commentary on Article 154
Article 155. Disclosure of the secret of adoption
Disclosure of the secret of adoption against the will of the adoptive parent, committed by a person obliged to keep the fact of adoption as an official or professional secret, or by another person for selfish or other base motives -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to four months with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.
(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)
Commentary on Article 155
Article 156. Failure to fulfill obligations to raise a minor
Failure to fulfill or improper fulfillment of duties for the upbringing of a minor by a parent or other person entrusted with these duties, as well as by a teacher or other employee of an educational organization, medical organization, organization providing social services, or other organization obliged to supervise the minor, if this the act is associated with cruel treatment of a minor, -
(as amended by Federal Law dated July 2, 2013 N 185-FZ)
shall be punishable by a fine in the amount of up to one hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred and forty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to three years. with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years or without it.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
Commentary on Article 156
Article 157. Failure to pay funds for the maintenance of children or disabled parents
1. Failure by a parent to pay, without good reason, in violation of a court decision or a notarized agreement, funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, if this act is committed repeatedly, -
shall be punishable by correctional labor for a term of up to one year, or forced labor for the same term, or arrest for a term of up to three months, or imprisonment for a term of up to one year.
2. Failure by adult able-bodied children to pay without good reason, in violation of a court decision or a notarized agreement, funds for the maintenance of disabled parents, if this act is committed repeatedly, -
shall be punishable by correctional labor for a term of up to one year, or forced labor for the same term, or arrest for a term of up to three months, or imprisonment for a term of up to one year.
Notes. 1. Failure by a parent to pay, without good reason, in violation of a court decision or a notarized agreement, funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, if this act is committed repeatedly, is recognized as a failure by a parent to pay without good reason, in violation of a court decision or a notarized agreement. funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, subjected to administrative punishment for a similar act, during the period when the person is considered subject to administrative punishment.
2. Failure by adult able-bodied children to pay, without good reason, in violation of a court decision or a notarized agreement, funds for the maintenance of disabled parents, if this act is committed repeatedly, is recognized as failure by adult able-bodied children, without good reason, in violation of a court decision or a notarized agreement, to pay for the maintenance of disabled parents. subjected to administrative punishment for a similar act, during the period when the person is considered subject to administrative punishment.
Commentary on Article 157
Article 151.1 of the Criminal Code of the Russian Federation. Retail sale of alcoholic beverages to minors
Retail sale of alcoholic products to minors, if this act is committed repeatedly, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by correctional labor for a term of up to one year with deprivation of the right to hold certain positions, or engage in certain activities for a period of up to three years or without it. Note. The retail sale of alcoholic products to a minor, committed by a person more than once, is recognized as the retail sale of alcoholic products to a minor, if this person has previously been brought to administrative responsibility for a similar act within one hundred and eighty days.
Commentary to Art. 9 of the Criminal Code of the Russian Federation
In Art. 9 of the Criminal Code of the Russian Federation enshrines a general fundamental provision inherent in the criminal law of Russia, as well as adopted by the criminal legal systems of modern democratic legal states, that the legal assessment of an act must be carried out in accordance with the law that was in force at the time of its commission.
This approach to resolving the issue of the operation of criminal law in time is determined by the principles of justice and humanism. First of all, in this regard, it should be noted that the criminal law is subject to publication, and in this regard, citizens can and should know what criminal law prohibitions are established for them and what is the responsibility for violating these prohibitions. Therefore, if a citizen committed an act for which criminal liability was not established, at the time the act was committed it was not socially dangerous and there is no basis for criminal liability. The application of a new law that established liability for such an act would contradict the basic tenets of criminal law, since at the time of the commission of the crime the person could not have known about the subsequent adoption of this law and did not realize the social danger of his act, which indicates the absence of corpus delicti in his actions. Application of a law that increases liability to previously committed acts would be contrary to the principle of justice, since timely adoption of a decision in a criminal case would guarantee the perpetrator the application of a more lenient law in force at the time the crime was committed.
The positions of the criminal law under consideration are based on the constitutional provision that no one can be held responsible for an act that at the time of its commission was not recognized as an offense (Part 2 of Article 54 of the Constitution of the Russian Federation).
Since both the criminality and the punishability of an act are determined by the criminal law in force at the time the act was committed, the correct application of criminal law norms is determined by the need to correctly establish the time of the commission of the crime.
According to Part 2 of Art. 9 of the Criminal Code of the Russian Federation, the time of commission of a crime is recognized as the time of commission of a socially dangerous action (inaction), regardless of the time of the onset of consequences.
From the above provision of the law it follows that the fundamental factor in determining the time of commission of a crime is the period of commission of the act. If the act was committed during the period of validity of the old criminal law, it is this law that should be applied; if the act is new, then the provisions of the new law. This approach does not cause difficulties in cases where the beginning of an action (inaction) and the moment of its completion occur during the period of validity of a single law. What if the beginning of action (inaction) was carried out during the period of validity of the old law, and completed during the period of validity of the new one? This especially applies to ongoing and continuing crimes. How is the time when the crime was committed determined in such cases? It seems that if the objective side of the crime (at least partially) was carried out during the period of validity of the new criminal law, for example, a continuing crime continues to be carried out after the entry into force of the new criminal law, or at least one act of a continuing crime was committed at the same time, The time when the crime was committed should be considered the time the new law was in effect and its provisions should be applied.
According to current legislation, the time of the onset of the consequences of the act, including those that are a necessary sign of the crime, does not matter for determining the time of the commission of the crime. Therefore, in cases where an act (action or inaction) is committed during the period of validity of the old law, and the consequences occur during the period of validity of the new one, it should be considered that the crime was committed during the validity of the old criminal law.
At the same time, it should be noted that the provision that the time of commission of a crime is only the time of commission of an action (inaction), from our point of view, is in some contradiction with the provision of Art. 8 of the Criminal Code of the Russian Federation that the basis for criminal liability is the commission of an act containing all the elements of a crime provided for by the Criminal Code of the Russian Federation. In other words, in Art. 8 of the Criminal Code of the Russian Federation establishes the basis for criminal liability for a completed crime. At the same time, as is known in the Criminal Code of the Russian Federation, the elements of crimes are constructed as formal and as material. In relation to the first, all the signs of a crime will occur during the commission of an act (action or inaction). The presence of all signs of material elements of crime is associated with the presence of socially dangerous consequences. Moreover, a number of crimes are designed in such a way that the absence of consequences affects not only the stage of the crime, but also the very existence of a criminally unlawful act. For example, if there are consequences specified in the disposition of Part 1 of Art. 264 “Violation of traffic rules and operation of vehicles” of the Criminal Code of the Russian Federation, the act is regarded as a crime, and the absence of these consequences entails recognition of the same act as an administrative offense. In this regard, a situation may arise when, in accordance with Art. 9 of the Criminal Code of the Russian Federation, a crime has been committed and the time of its commission has been determined, but there are no grounds for criminal liability, since all the signs of the relevant crime are missing. Therefore, it should be recognized that, in relation to material elements, the legislative instruction on determining the time of commission of a crime is in some contradiction with the position of the law on the basis of criminal liability and an adjustment to Art. Art. 8 and 9 of the Criminal Code of the Russian Federation.
Part 1 of Art. 9 of the Criminal Code of the Russian Federation establishes that the criminality and punishability of an act are determined by the criminal law in force at the time the crime was committed. But the effect of all laws, including criminal ones, is limited in time. Therefore, there is a need to establish the time (period) of the criminal law. This time is determined based on three positions: the time of entry into force of the criminal law, the time of termination of its effect and the retroactive effect of the criminal law.
According to Part 3 of Art. 15 of the Constitution of the Russian Federation, laws are subject to official publication. Unpublished laws do not apply. Any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information. This constitutional provision states that a mandatory factor for the entry into force of a law is its official publication. But this factor is not the only one. The entry into force of a law is also associated with the procedure for its adoption and the establishment of a specific time of entry into force. The listed issues are regulated by Federal Law No. 5-FZ of June 14, 1994 “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly.”
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NW RF. 1994. N 8. Art. 801.
In accordance with Art. 2 of the said Federal Law, the date of adoption of the Federal Law is considered to be the day of its adoption by the State Duma in its final wording. However, this does not mean that the federal law, firstly, was finally adopted and, secondly, came into force. The first circumstance is due to the fact that, in accordance with Art. Art. 105, 107 of the Constitution of the Russian Federation, federal laws adopted by the State Duma are submitted to the Federation Council, which has the right to reject them, and those approved are sent to the President of the Russian Federation for signing and promulgation within 14 days. But the President of the Russian Federation also has the right to reject an adopted federal law. Only after going through all the necessary procedures will the law actually be adopted. Thus, the Criminal Code of the Russian Federation was adopted by the State Duma on May 24, 1996, approved by the Federation Council on June 5, 1996, and signed by the President of the Russian Federation on June 13, 1996. But the adoption of the law does not mean its immediate implementation. It must be published first.
Federal constitutional laws and federal laws are subject to official publication within seven days after the day they are signed by the President of the Russian Federation. The official publication of a federal constitutional law, a federal law, an act of the chamber of the Federal Assembly is considered the first publication of its full text in the “Parliamentary Gazette”, “Rossiyskaya Gazeta” or the Collection of Legislation of the Russian Federation.
Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force simultaneously throughout the entire territory of the Russian Federation ten days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force. Thus, the time of entry into force of the law is determined either based on the time of its publication, or based on the time established in the law itself or in another law determining the time of entry into force of the law. For example, Art. 2 of the Federal Law of June 25, 2002 N 72-FZ “On Amendments to Articles 169 and 171 of the Criminal Code of the Russian Federation” it was established that it comes into force on July 1, 2002. And the date of entry into force of the Criminal Code of the Russian Federation (January 1, 1997) was established by a separate Federal Law of June 13, 1996 N 64-FZ “On the entry into force of the Criminal Code of the Russian Federation”. The time interval between the adoption of the law and its entry into force is established so that both law enforcement officials and citizens can familiarize themselves with the content of the law, and the former can take the measures necessary for its implementation.
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NW RF. 2002. N 26. Art. 2518.
NW RF. 1996. N 25. Art. 2955.
Termination of a criminal law may occur in the presence of one of the following circumstances: 1) expiration of the validity period, if one has been established; 2) repeal of the law; 3) replacing the law with a new one; 4) the disappearance of special conditions and circumstances with which the adoption of the law was associated.
The termination of the criminal law is associated with the presence of a direct instruction about this. Thus, the entry into force of the Criminal Code of the Russian Federation was due to the recognition that the Criminal Code of the RSFSR and all laws and other regulatory legal acts adopted in the period from October 27, 1960 to January 1, 1997, in terms of introducing amendments and additions to the Criminal Code of the RSFSR, had lost force.
Article 155 of the Criminal Code of the Russian Federation. Disclosure of the secret of adoption
Disclosure of the secret of adoption against the will of the adoptive parent, committed by a person obliged to keep the fact of adoption as an official or professional secret, or by another person for mercenary or other base motives, is punishable by a fine of up to eighty thousand rubles or in the amount of wages. or other income of the convicted person for a period of up to six months, or compulsory work for a period of up to three hundred sixty hours, or correctional labor for a period of up to one year, or arrest for a period of up to four months with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.
Article 156 of the Criminal Code of the Russian Federation. Failure to fulfill obligations to raise a minor
Failure to fulfill or improper fulfillment of duties for the upbringing of a minor by a parent or other person entrusted with these duties, as well as by a teacher or other employee of an educational, training, medical or other institution obliged to supervise the minor, if this act is associated with cruel treatment of the minor, - is punishable by a fine in the amount of up to one hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred and forty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years or without it.
