Criminal Code of the Russian Federation in the latest edition:
Article 90 of the Criminal Code of the Russian Federation. Application of compulsory educational measures
1. A minor who has committed a crime of minor or moderate gravity may be released from criminal liability if it is recognized that his correction can be achieved through the use of compulsory educational measures.
2. The following compulsory educational measures may be assigned to a minor:
a) warning;
b) transfer to the supervision of parents or persons replacing them, or a specialized government body;
c) imposition of an obligation to make amends for the harm caused;
d) restricting leisure time and establishing special requirements for the behavior of a minor.
3. A minor may be simultaneously assigned several compulsory educational measures. The period for applying compulsory educational measures provided for in paragraphs “b” and “d” of part two of this article is set at a duration of from one month to two years when committing a crime of minor gravity and from six months to three years when committing a crime of medium gravity.
4. In the event of a systematic failure by a minor to comply with a compulsory educational measure, this measure, upon the proposal of a specialized state body, is canceled and the materials are sent to bring the minor to criminal responsibility.
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Comments on Article 90 of the Criminal Code of the Russian Federation
Article 90 of the Criminal Code of the Russian Federation provides for a special type of exemption from criminal liability, which is applied to minors, and in exceptional cases to persons who committed crimes between the ages of 18 and 20 (Article 96 of the Criminal Code of the Russian Federation).
The court has the right to assign a punishment to a minor in the form of imprisonment only if it is recognized that it is impossible for him to be corrected without isolation from society, with the reasons for the decision made (clause 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 01.02.2011 N 1 “On the judicial practice of applying legislation regulating the peculiarities of criminal liability and punishment of minors").
Slippery slope
The feeling of impunity and all-encompassing parental protection sometimes gives rise to the desire to abuse freedom. Young people understand the word “freedom” very broadly; they lack moral, ethical, or legal education. These people talk to everyone about their rights, completely forgetting that along with rights there are always responsibilities, and with them there is also responsibility.
Elementary neglect of school education and acceptance of the fact that adult life is not permissiveness pushes minors to commit crimes of varying severity.
It is no less dangerous to think that a completely random fight will save someone who has stumbled. Carelessness does not relieve a person of responsibility. Law is a faceless and indifferent systematized system of norms.
Children who have committed a minor crime may face criminal charges. However, Art. 90 of the Criminal Code of the Russian Federation. It will not relieve the teenager of responsibility, but will give him a new chance at a normal life. The court can apply this article only if it is confident that educational measures will work and correct the person.
Grounds and conditions for applying educational measures
The basis for exemption from criminal liability in connection with the use of compulsory educational measures is the commission of a crime of minor or moderate gravity by a minor (regardless of whether the crime was committed for the first time or not).
The condition for exemption from criminal liability is the court’s conclusion that it is possible to correct a minor without bringing him to criminal liability through the use of compulsory educational measures (without applying criminal punishment).
Forced education
Art. 90 of the Criminal Code of the Russian Federation is responsible for compulsory educational measures. This is not forced labor at all, as many people think. This is something that can truly save a child's life. The fact is that the use of such an article does not entail a criminal conviction at all, which means it will save you from many problems and especially help when getting a job.
Don't think that a criminal conviction is nothing special. It entails problems with employment, education, traveling abroad and, especially, emigration. The reality is that a person with a criminal record has many limitations. Much more than any law-abiding citizen.
Forced education is a special measure of influence. It is never prescribed just like that. The court takes everything into account. Characteristics from the educational institution, reviews from colleagues, lack of evidence at the police station, hobbies, character, personality and even religion - all this has weight in the trial. Art. 90 of the Criminal Code of the Russian Federation is what you need to hope for if a minor has committed a light or moderate crime.
List of educational measures
Compulsory educational measures are measures of state coercion that are not punishment and are applied to minors who have committed a crime in order to correct them.
Part 2 of Article 90 of the Criminal Code of the Russian Federation provides for the possibility of assigning four types of compulsory educational measures, these include:
- warning;
- transfer under the supervision of parents or persons replacing them, or a specialized government body;
- imposing an obligation to make amends for the harm caused;
- restricting leisure time and establishing special requirements for the behavior of a minor.
The list of compulsory educational measures is exhaustive. The issue of applying educational measures to a minor is decided only by the court.
In accordance with Art. 90 of the Criminal Code of the Russian Federation, a minor may simultaneously be assigned several compulsory measures of educational influence, for example, warning and transfer to the supervision of parents, the imposition of an obligation to make amends for the harm caused and restriction of leisure. These measures are not divided into basic and additional and can be prescribed in any combination.
When transferring a minor to the supervision of parents or persons replacing them, the court must make sure that these persons have a positive influence on the teenager, correctly assess what he has done, and can ensure appropriate behavior and daily control of the minor. To do this, it is necessary to request characterizing material, check the living conditions of the parents or persons replacing them, the possibility of financial support for the teenager, etc. Despite the fact that the law does not require the consent of parents or persons replacing them to transfer a minor to their supervision, such consent must be obtained by the court.
If the court makes a decision to terminate a criminal case and apply to a minor, as a compulsory educational measure, transfer to the supervision of parents or persons replacing them (relatives, guardians), or a specialized government body, or restriction of leisure and establishment of special requirements for behavior, the resolution must the period during which the chosen measure is applied must be indicated
The period for applying compulsory measures of educational influence, provided for in clauses “b” and “d”, part 2 of Article 90 of the Criminal Code of the Russian Federation, is established to last from one month to two years when committing a crime of minor gravity and from six months to three years - when committing crimes of medium gravity.
Obligation to make amends for harm caused
Another measure that is coercive in nature, but at the same time has an educational impact on a teenager who has committed a crime and thereby caused harm to the victims of both a property and moral nature, is to oblige him to compensate him. At least partially incurred costs or damage expressed in material terms.
But when taking this measure, it is necessary to take into account whether the teenager has any permanent income.
This is possible, for example, if a sixteen-year-old teenager works part-time or receives a scholarship. When making a decision to take a specific measure to oblige the harm caused, it is important not to overdo it, so as not to put the teenager in a difficult position to fulfill the obligation, and not push him into a new crime.
The obligation to make amends for the harm caused can be fulfilled if the offending teenager repairs some equipment or household items with his own hands, if he has the skills and knows how to do it. It is also possible to replace it with a more or less equivalent thing that personally belongs to the teenager who caused the harm.
In cases where a teenager does not have any income, the obligation to make amends for the harm caused to the victims, by a court decision, passes in whole or in part to the parents, or persons who replace them.
Grounds for canceling educational measures
The basis for canceling a measure of educational influence, in accordance with Part 4 of Article 90 of the Criminal Code of the Russian Federation, is the systematic failure of a minor to comply with the measure of influence assigned to him, with the exception of a warning.
Systematic failure by a minor to comply with a compulsory measure of educational influence should be understood as repeated (more than two times) violations during the period of application of a compulsory measure of educational influence appointed by the court (for example, restricting leisure time, establishing special requirements for his behavior), which were registered in the prescribed manner by a specialized body, exercising control over the behavior of a teenager (clause 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 01.02.2011 N 1).
If a minor is simultaneously assigned several compulsory measures of educational influence, and within a certain period he has committed single violations (no more than two times for each of them), such violations cannot be recognized as systematic, giving grounds for the court to apply the provisions of Part 4 of Article 90 of the Criminal Code of the Russian Federation on the cancellation of the compulsory measure.
Cancellation of a compulsory educational measure and the resumption of proceedings in the case are permissible if the statute of limitations for bringing a minor to criminal responsibility has not expired (Article 94 of the Criminal Code of the Russian Federation).
A specialized government body, which, in accordance with Art. 90 of the Criminal Code of the Russian Federation, a minor can be placed under supervision, and the body that has the right to apply to the court with a proposal to cancel a compulsory educational measure in cases of systematic non-compliance by a minor is the commission on affairs of minors and the protection of their rights.
Limiting leisure time and establishing special requirements for the behavior of a minor
In addition to the above measures of compulsory educational influence, as well as along with them, restrictions on leisure time are applied to the teenager or special requirements are imposed on the behavior of a teenager who has already committed a crime, although it did not have serious consequences for others.
Such events may include: visiting specific entertainment venues, the ability to drive vehicles (mopeds, motorcycles, scooters), a ban on leaving the city even on weekends, a ban on leaving the city, say, on vacation, a ban on going out on street after a certain time and many other nuances.
If a teenager systematically violates the restrictions imposed on him, he, after a written notification, with which he will be familiarized with signature, may end up in real places of imprisonment. It is necessary to notify the minor about this, who quite possibly, due to age characteristics, is not entirely clearly aware of the consequences of violating compulsory education measures.
State educator
Education is the most important process in our lives. It is he who determines what kind of person a particular child will become. It cannot be neglected, even if a minor citizen unknowingly or carelessly violated the law. The state takes care of us and can provide a teacher for the teenager. We are talking about a juvenile affairs inspector.
An inspector is not a supervisor. If you look at it from the perspective of minor citizens, then the inspector is an evil person. However, as you understand, this is not at all the case. The state is not interested in increasing the number of criminals or unsocialized offenders. It is obliged to care for and educate its citizens. If a person does not accept and respect the law, then the state is obliged to help him change his point of view.
An inspector is not just a police officer, he is a professional. He has either a higher pedagogical or legal education. And in some cases there is both.
Commentary to Art. 90 Criminal Code
1. In Art. 90 of the Criminal Code contains a special type of release of a minor from criminal liability with the use of compulsory educational measures.
The basis for the application of this norm is the commission of a crime of minor or moderate gravity by a minor. The condition for exemption from criminal liability is the possibility of correcting a minor without bringing him to criminal liability through the use of compulsory educational measures.
2. Compulsory educational measures are measures of state coercion that are not punishment and are applied to minors who have committed a crime in order to correct them.
A minor may be assigned one or simultaneously several compulsory educational measures listed in Part 2 of Art. 90 CC. The list of compulsory educational measures is exhaustive. The issue of applying educational measures to a minor is decided only by the court.
3. Release of a minor from criminal liability with the use of compulsory educational measures is the only conditional type of release from liability. According to Part 4 of Art. 90 of the Criminal Code, in the event of a systematic failure by a minor to comply with a compulsory educational measure, this measure, upon the proposal of a specialized government body, is canceled and the materials are sent to bring the minor to criminal liability. At the same time, the resumption of proceedings in the case is permissible if the statute of limitations for bringing a minor to criminal responsibility has not expired (see comments to Articles 78, 94 of the Criminal Code).
Responsibilities of the IPDN
The juvenile affairs inspector has his own legal responsibilities, beyond which he has no right to go. If he allows this, then the actions of the IPDN can be appealed. The inspector's responsibilities include:
- Work for preventive purposes.
- Communication with minors, exclusively within a certain territory.
- Help for those who have already served their sentences.
- Information support for parents of a minor who has committed a crime.
Real forced education
Minor citizens are a special category of people. During adolescence, it is difficult for them to perceive objective reality. Many of them behave inappropriately, but within completely different frameworks. Particularly principled people may negatively perceive measures taken against them. Not everyone can understand that in this situation it is best to monitor their behavior, nor can they realize that a criminal conviction would generally ruin their life.
It is customary to place such individuals in special closed educational institutions. However, this happens only on the basis of a special conclusion of a special medical and psychological examination, with the consent of the person himself and his parents or official legal guardians.
This is an exceptional measure. It is also the heaviest within the framework of Art. 90. Its use is almost never unjustified, and adolescents who end up in these institutions are very rarely able to be re-educated.
Warning
It consists of explaining to the citizen the harm caused by his unlawful actions, as well as the consequences of a repeated crime provided for by the Criminal Code. When prescribing compulsory educational measures, the authorized official makes a decision. It contains a negative legal and moral assessment of the act, a direct warning about the inadmissibility of such behavior, and instructions about the consequences of committing another crime/offense. A copy of this document is given to the violator himself. If necessary, a copy is given to his legal representatives. It should be said that their presence is necessary when applying a warning.
