Criminal liability of minors

Who is responsible for whom?

Parents bear full responsibility for the actions of their children up to a certain age.
Upon reaching the age of 14, minors already bear independent criminal liability for certain crimes. Article 87 of the Criminal Code of the Russian Federation, Chapter 14 states that those who are already 14 years old, but have not yet turned 18, are considered minors.

The Criminal Code of the Russian Federation has an entire chapter devoted to the responsibility of minors for offenses.

What are the punishments for what crimes?

You need to know that from the age of 14, criminal liability is imposed only for 32 particularly serious offenses , which are listed in Article 20 of the Criminal Code of Russia.

Among them:

murder;
rape or sexual assault;
intentional infliction of grievous/moderate harm to health;
kidnapping;
hijacking;
theft, robbery, robbery;
terrorist attack

In addition to these crimes, minors may also be held responsible for:

false report of a terrorist attack;
failure to report a crime;
intentional destruction or damage to property under aggravating circumstances;
participation in mass riots;
vandalism;
rendering vehicles or means of communication unusable;
extortion.

Many teenagers believe that these are not such serious crimes, and they will only be reprimanded for drawings on the walls or lying about a bomb, but these are precisely the violations for which you can get a criminal record at the age of 14.

For most crimes, responsibility begins only at 16 years of age.

What are the punishments for minors?

Article 88 of the Criminal Code of the Russian Federation states that persons under 18 years of age can be given one of 6 punishments.

Fine

Monetary penalties can be issued even if the child does not have his own source of income. It is logical that in this case the parents will be asked to pay the fine. But it can be recovered in court from representatives of a minor offender only with their consent (clause 2 of Article 88 of the Criminal Code of the Russian Federation). If they do not agree, it will be necessary to prove that the parents (guardians) had nothing to do with it, and responsibility for the student’s behavior at that moment was on third parties.

The amount of penalties is from 1 to 50 thousand rubles or in the amount of the student’s income for a period of 2 weeks to six months.

Denial of the right to engage in some activity

It's the same here as for adults. The ban may be combined with another punishment, such as a fine.

Mandatory work

They must be within the capabilities of the person being punished; no more than 2 hours a day (if the student is under 15 years old) or 3 hours (if he is 15-18 years old) should be allotted for their implementation. They are carried out during time not occupied by main work or study. The duration of such work is from 40 hours to 160 hours.

Correctional work

According to paragraph 5 of Art. 88 of the Criminal Code of the Russian Federation, such work can be assigned for a period of up to a year. They should also be feasible for the teenager and should be done in his free time.

Restriction of freedom

It implies the imposition of certain prohibitions. For example, they may prohibit leaving home at certain times of the day, visiting certain places, or leaving the city. A student’s freedom can be restricted for a period of 2 months to 2 years.

Deprivation of liberty

The most serious punishment. Therefore there are a number of restrictions:

if a student has committed a crime of moderate gravity for the first time and is under 16 years old, such a punishment is not imposed;
if a minor (under 18 years of age) committed a crime classified as light for the first time, he also cannot be deprived of his liberty;
Anyone under 16 years of age can be imprisoned for up to 6 years. Even if the crime is serious;
for especially serious cases, those under 16 years of age are sentenced to imprisonment for a term of 10 years, no more.

The Department of Internal Affairs of Russia for the Smolensk region informs

A large number of criminal cases involving crimes against minors are initiated annually on the territory of the Russian Federation. Among them are grave and especially grave crimes, including murder; crimes of a sexual nature; crimes related to causing serious harm to the health of children. Children can be abused even in their own home.

The reality is that children become victims of a wide variety of crimes every day!

Responsibility for committing unlawful acts against children:

1. Criminal liability.

Art. 134 of the Criminal Code of the Russian Federation. Sexual intercourse and other acts of a sexual nature with a person under sixteen years of age:

1. Sexual intercourse with a person under the age of sixteen, 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 by restriction of freedom for a term of up to four years, or by forced labor for a term of up to four years with deprivation of rights hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it.

2. Sodomy or lesbianism with a person under the age of sixteen, committed by a person who has reached the age of eighteen, is punishable by forced labor for a term of up to five years 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, or 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 ten years.

3. Acts provided for in parts one or two of this article, committed with a person who has reached the age of twelve, but has not reached the age of fourteen, are punishable by imprisonment for a term of three to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years or without it and 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, committed against two or more persons, are punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without such.

5. Acts provided for in parts one, two, three or four of this article, committed by a group of persons, a group of persons by prior conspiracy or an organized group, are punishable by imprisonment for a term of twelve to twenty years with deprivation of the right to hold certain positions or engage in certain activities. for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years or without it.

6. Acts provided for in part three of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor, are punishable by imprisonment for a term of fifteen to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years. or life imprisonment.

Notes. 1. A person who has committed a crime for the first time, provided for in the first part of this article, shall be released by the court from punishment if it is established that this person and the crime he committed have ceased to be socially dangerous due to marriage with the victim.

2. If the age difference between the victim (victim) and the defendant (defendant) is less than four years, the latter shall not be punished by imprisonment for the committed act provided for in part one of this article or part one of article 135 of this Code.

Art. 131 of the Criminal Code of the Russian Federation. Rape.

Part 3. Rape:

a) a minor;

shall be punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years.

Part 4. Rape:

b) a victim under fourteen years of age -

shall be punishable by imprisonment for a term of twelve to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years.

Part 5. The act provided for in paragraph “b” of part four of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor, -

shall be punishable by imprisonment for a term of fifteen to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, or life imprisonment.

Note. The crimes provided for in paragraph “b” of part four of this article, as well as paragraph “b” of part four of Article 132 of this Code also include acts that fall under the elements of crimes provided for in parts three - five of Article 134 and parts two - four of Article 135 of this Code, committed against a person under twelve years of age, since such a person, due to his age, is in a helpless state, that is, cannot understand the nature and significance of the actions performed on him.

Art. 132 of the Criminal Code of the Russian Federation. Violent acts of a sexual nature.

Part 3. Acts provided for in parts one or two of this article, if they:

a) committed against a minor (minor);

Part 4. Acts provided for in parts one or two of this article, if they:

b) committed against a person under fourteen years of age -

Part 5. Acts provided for in paragraph “b” of part four of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor -

Art. 133 of the Criminal Code of the Russian Federation. Compulsion to perform sexual acts.

Part 2. Forcing a minor (minor) to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by blackmail, threat of destruction, damage or confiscation of property or using the financial or other dependence of the victim (victim) - is punishable by forced labor for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it, or imprisonment for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.

Art. 135 of the Criminal Code of the Russian Federation. Depraved acts.

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in relation to a person under the age of sixteen, is punishable by compulsory labor for a term of up to four hundred and forty hours, or by restriction of freedom for a term of up to three years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it, or imprisonment for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to ten years or without it.

2. The same act committed against a person who has reached the age of twelve, but has not reached the age of fourteen, is punishable by imprisonment for a term of three to eight years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years. and with or without restriction of freedom for a term of up to two years.

3. Acts provided for in parts one or two of this article, committed against two or more persons, are punishable by imprisonment for a term of five to twelve years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

4. Acts provided for in parts one, two or three of this article, committed by a group of persons by prior conspiracy or by an organized group, are punishable by imprisonment for a term of seven to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years. or without it and with or without restriction of freedom for a term of up to two years.

5. The act provided for in part two of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor, is punishable by imprisonment for a term of ten to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years. .

Art. 150 of the Criminal Code of the Russian Federation. Involving a minor in committing a crime.

1. Involving a minor in committing a crime through promises, deception, threats or in any other way, committed by a person who has reached the age of eighteen, is punishable by imprisonment for up to 5 years.

2. 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 6 years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years.

3. Acts provided for in paragraph 1 or 2 of this article, committed with the use of violence or with the threat of its use, are punishable by imprisonment for a term of 2 to 7 years, with or without restriction of freedom for a term of up to 2 years.

4. Acts provided for in paragraphs 1, 2 or 3 of this article, related to the involvement of a minor in a criminal group or 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 motivated by hatred or hostility towards any social group, is punishable by imprisonment for a term of 5 to 8 years, with or without restriction of freedom for a term of up to 2 years.

Art. 151 of the Criminal Code of the Russian Federation. Involving a minor in committing antisocial acts

1. Involving a minor in the systematic use of alcoholic beverages, intoxicating substances, vagrancy or begging, committed by a person who has reached the age of eighteen, is punishable by compulsory labor for a period of 180 to 240 hours, or correctional labor for a period of 1 to 2 years, or arrest for a term from 3 to 6 months, or imprisonment for up to 4 years.

2. The same act committed by a parent, teacher or other person charged with the responsibility of raising a minor by law is punishable by restriction of freedom for a term of 2 to 4 years, or by arrest for a term of 4 to 6 months, or by imprisonment for a term of up to 5 years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years.

3. Acts provided for in Part 1 or 2 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 6 years, with or without restriction of freedom for a term of up to 2 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.

Art. 151.2 of the Criminal Code of the Russian Federation. Involving a minor in committing actions that pose a danger to the life of the minor.

1. Inducing or otherwise involving a minor in committing illegal actions that the perpetrator knows to pose a danger to the life of the minor, through persuasion, offers, promises, deception, threats or in any other way, committed by a person who has reached the age of eighteen, in the absence of signs of inclination to commit suicide, involving a minor in committing a crime or committing antisocial acts -

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, or forced 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, or imprisonment 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.

2. The same act committed:

a) in relation to two or more minors;

b) by a group of persons by prior conspiracy or an organized group;

c) in a public speech, a publicly displayed work, the media or information and telecommunication networks (including the Internet), -

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.

Art. 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 organization, medical organization, organization providing social services, or other organization obliged to supervise the minor, if this the act is accompanied by cruel treatment of a 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 forty hours, or by correctional labor for a term of up to two years. , or 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.

Art. 157 of the Criminal Code of the Russian Federation. Failure to pay 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.

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. Administrative and legal responsibility.

Art. 5.35 Code of Administrative Offenses of the Russian Federation. Failure of parents or other legal representatives of minors to fulfill their responsibilities for the maintenance and upbringing of minors.

. Failure to fulfill or improper fulfillment by parents or other legal representatives of minors of duties for the maintenance, upbringing, education, protection of the rights and interests of minors - entails a warning or the imposition of an administrative fine in the amount of one hundred to five hundred rubles.

2. Violation by parents or other legal representatives of minors of the rights and interests of minors, expressed in the deprivation of their right to communicate with parents or close relatives, if such communication does not contradict the interests of the children, in the deliberate concealment of the location of children against their will, in the failure to comply with a court decision on determination of the place of residence of children, including a court decision to determine the place of residence of children for the period before the entry into force of a court decision to determine their place of residence, in the failure to comply with a court decision on the procedure for the exercise of parental rights or on the procedure for the exercise of parental rights for the period before entry into force the legal force of a court decision or otherwise obstructing the exercise by parents of the rights to raise and educate children and to protect their rights and interests - entails the imposition of an administrative fine in the amount of two thousand to three thousand rubles.

3. Repeated commission of an administrative offense provided for in Part 2 of this article shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for a term of up to five days.

Art. 6.10 Code of Administrative Offenses of the Russian Federation. Involving a minor in the use of alcohol and alcohol-containing products, new potentially dangerous psychoactive substances or intoxicating substances:

1. Involving a minor in the use of alcohol and alcohol-containing products, new potentially dangerous psychoactive substances or intoxicating substances, except for the cases provided for in Part 2 of Article 6.18 of this Code, shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles.

2. The same actions committed by parents or other legal representatives of minors, with the exception of cases provided for in Part 2 of Article 6.18 of this Code, as well as by persons entrusted with the responsibility for training and upbringing of minors, shall entail the imposition of an administrative fine in the amount of four thousand up to five thousand rubles.

Art. 6.23 Code of Administrative Offenses of the Russian Federation. Involving a minor in the process of tobacco consumption.

1. Involving a minor in the process of tobacco consumption - entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles.

2. The same actions committed by parents or other legal representatives of a minor shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles.

3. Responsibility provided for by the Family Code of the Russian Federation.

In accordance with Art. 69 of the Family Code of the Russian Federation, parents (one of them) may be deprived of parental rights if they:

- evading the duties of parents, including malicious evasion of alimony payments;

- refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical institution, educational institution, social welfare institution or similar organizations;

- abuse their parental rights;

- children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity;

— are patients with chronic alcoholism or drug addiction;

- committed a deliberate crime against the life or health of their children or against the life or health of their spouse.

DEAR RESIDENTS of the Smolensk region!

If you have any information about violations of the rights and legitimate interests of children, any facts of family trouble, and also if you need help, please contact the following departments:

· 77-39-26- OPDN OUUPiPDN OMVD of Russia for the Smolensk region;

· 77-39-00- Duty department of the Department of Internal Affairs of Russia for the Smolensk region;

· 38-05-35- Helpline of the Russian Ministry of Internal Affairs for the Smolensk region;

· 55-25-35- Commission on Minors’ Affairs and Protection of Their Rights of the Municipal Municipality “Smolensky District”;

· 8- All-Russian children's helpline.

OPDN OUUPiPDN