Criminal Code of the Russian Federation in the latest edition:
Article 150 of the Criminal Code of the Russian Federation. Involving a minor in committing 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, -
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.
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Comments on Article 150 of the Criminal Code of the Russian Federation
The social danger of a crime lies in the harmful impact of an adult on the fragile psyche of a minor.
Object of crime . The main object of the crime under Art. 150 of the Criminal Code of the Russian Federation are social relations related to ensuring normal physical development and moral education of minors.
An additional object of the crime is the health of the minor.
Only a minor is recognized as a victim Qualification under Article 150 of the Criminal Code of the Russian Federation will be correct if the minor has reached the age at which criminal liability begins by law. Otherwise, the actions of an adult must be qualified under the totality of Art. 150 of the Criminal Code of the Russian Federation and the article providing for liability for a socially dangerous act actually committed by a teenager (mediocre execution) (see paragraph 42 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 specifics of criminal liability and punishment of minors ").
The objective side of the crime is the involvement of a minor in the commission of a crime through promises, deception, threats or other means.
The involvement of a minor in the commission of a crime is the actions of an adult, i.e. over 18 years of age, aimed at inciting a desire in a minor to commit a crime. The actions of an adult can be expressed both in the form of promises, deception and threats, and in the form of an offer to commit a crime, inciting feelings of envy, revenge and other actions (clause 42 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 01.02.2011 N 1 “On the judicial practice of applying legislation regulating the specifics of criminal liability and punishment of minors").
At the same time, to qualify the actions of the perpetrator, it does not matter how the minor is involved in the commission of a crime, as well as whether the minor is involved as the perpetrator of the crime, or as another accomplice to the crime (accomplice, instigator).
When considering cases of crimes against adults who have committed a crime with the participation of minors, the court must clarify the nature of the relationship between them, since this data may be significant in establishing the role of an adult in involving a minor in the commission of crimes (clause 42 of the Resolution of the Plenum of the Supreme Court RF dated 01.02.2011 N 1). Thus, courts must determine whether the adult was aware that his actions were involving the minor in the commission of a crime. If the adult did not realize this, then he cannot be held accountable under Art. 150 of the Criminal Code of the Russian Federation.
Promises should be understood as promises to the involved minor of various favorable consequences for him and (or) his loved ones in the future: to transfer money or other property, including stolen from the victim, to provide some assistance, etc.
Deception should be understood as the provision of knowingly unreliable information to the involved minor regarding the objective and subjective signs of a crime that the minor is inclined to commit: the assurance of the involved minor that, due to his age, he cannot be held criminally responsible for what he has done, or that the valuables confiscated from the victim do not belong to the victim, but to the persons involved, etc. At the same time, the minor does not realize that he is committing a crime and is conscientiously mistaken about the ownership of the confiscated valuables.
Threat should be understood as a warning to the involved minor about various unfavorable consequences for him and (or) his relatives in case of refusal to commit a crime: cause property damage to the minor, destroy his property, disseminate disgraceful information about the minor, etc.
Another way of involving a minor in committing a crime should be understood as inciting in him feelings of envy, revenge, base motives, with the aim of inducing him to commit a crime.
The corpus delicti is formal. The moment of its completion is associated with the commission of an act - involvement as a complex (resultative) action, covering the result in the form of the emergence in a minor of a desire to commit a crime and the realization of the desire in full or at least in part.
The crime provided for in Art. 150 of the Criminal Code of the Russian Federation, is completed from the moment a minor commits a crime, preparation for a crime, or attempted crime. If a person failed to involve a minor in committing a crime due to circumstances beyond the person’s control, then his actions can be qualified under Part 3 of Art. 30 of the Criminal Code of the Russian Federation and under Art. 150 of the Criminal Code of the Russian Federation. As already mentioned above, in the event of a crime being committed by a minor who is not subject to criminal liability, the person who involved him in the commission of the crime, by virtue of Part 2 of Art. 33 of the Criminal Code of the Russian Federation bears criminal liability for the act as a perpetrator through indirect infliction (clause 42 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 01.02.2011 N 1).
If a minor committed a crime in which he became involved, the perpetrator must be held accountable in the aggregate: for involvement in the commission of a crime under Art. 150 of the Criminal Code of the Russian Federation and for incitement to a crime in which he involved a minor, and if he himself participated in the commission of a crime - as a co-perpetrator of this crime.
When assessing the actions of an adult, it is necessary to pay attention to the fact that the involvement of several minors in the commission of one crime at the same time, 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 intent (direct), while the person is aware of the socially dangerous nature of his actions to involve a minor in the commission of a crime and desires this.
A person is subject to criminal liability both if he is aware of the minority of the person involved, and if, due to the circumstances of the case, the perpetrator could and should have foreseen this.
Motives and goals have no qualifying significance, although they can be expressed in the form of revenge, envy, self-interest, other base or personal motives, etc.
The subject of the crime is a special one - a sane individual who has reached the age of 18.
In Part 2 of Art. 150 of the Criminal Code of the Russian Federation provides for a particularly special subject : a parent, teacher or other person who is charged by law with the responsibility for raising a minor.
Commentary to Art. 150 Criminal Code
1. The objective side is expressed in the involvement of a minor in the commission of a crime through promises, deception, threats or other means.
Involving a minor in the commission of a crime constitutes incitement. However, in the case where the subject of the involvement of a minor is an adult, the legislator considered it necessary to distinguish it as an independent crime. Thus, the involvement of a minor in the commission of a crime turns into a special type of incitement, but does not acquire any other quality different from incitement.
2. In Part 1 of Art. 150 of the Criminal Code contains an open list of methods of involvement: promise, deception, threat, other methods.
3. The corpus delicti is formal. The moment of its completion is associated with the commission of an act - involvement as a complex (resultative) action, covering the result in the form of the emergence of a desire in a minor to commit a crime and the realization of the desire in full or at least partially; It is this position, after much debate, that is reflected in paragraph 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 1, 2011 No. 1 “On the judicial practice of applying legislation regulating the specifics of criminal liability and punishment of minors.”
4. If a minor has committed a crime in which he has become involved, the perpetrator must be held jointly liable: for involvement in the commission of a crime under Art. 150 of the Criminal Code and for incitement to a crime in which he involved a minor, and if he himself participated in the commission of a crime - as a co-perpetrator of this crime.
5. From the subjective side, the intent of the perpetrator must also include awareness of the age of the person involved. A subject is any person over 18 years of age.
6. Part 2 art. 150 of the Criminal Code provides for criminal liability of parents, teaching staff and other persons who are charged by law with the responsibility for raising a minor. Other persons responsible for education are medical, social workers, psychologists and other specialists.
7. The concept of “violence” (Part 3 of Article 150 of the Criminal Code) includes violence that is not dangerous to life and health, as well as causing minor, moderate harm to health and torture without qualifying criteria; infliction of grievous bodily harm and torture under aggravating circumstances are qualified in conjunction with Art. 150 CC. The threat of violence implies mental influence on a minor. It can be anything, including a threat to kill or cause serious harm to the health of a minor.
8. In part 4 art. 150 of the Criminal Code provides for three special qualifying criteria: 1) involvement of a minor in a criminal group (a group of persons by prior conspiracy, an organized group or a criminal community); 2) in the commission of a grave or especially grave crime; 3) committing a crime based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group.
Part 2 Art. 150 of the Criminal Code of the Russian Federation
In Part 2 of Art. 150 of the Criminal Code of the Russian Federation provides for increased criminal liability for the commission of this crime by a parent, teacher or other person who is charged by law with the responsibility for raising a minor.
The subject of these actions can be both the physiological parents (father, mother) and the adoptive parents of the minor. In addition, parents who have been deprived of parental rights may be held criminally liable.
Part 2 of Article 150 of the Criminal Code of the Russian Federation provides for bringing to criminal liability a teacher , as well as a person who performs educational functions (orphanage teacher, school teacher, coach of the sports section in which the minor is involved, etc.).
Other persons should also be understood as any actual educators of the minor (guardian, trustee, stepfather, stepmother, grandfather, grandmother, adult brothers and sisters). However, liability in this case can occur for these persons only when the minor does not have parents, or if the parents are deprived of parental rights, and the law entrusts them with the responsibility for raising minors.
Persons performing educational functions in children's institutions may be deprived of the right to occupy these positions for involving a minor in the commission of a crime.
Verdict under Article 150 Part 1 of the Criminal Code of the Russian Federation
Case No. 1-240 /11 PRI G O V O R 08/01/2011
named after the RUSSIAN FEDERATION
Myskovsky City Court of the Kemerovo Region composed of: presiding judge - judge of the Myskovsky City Court Titova T.N.,
under secretary M.A. Pavlova,
with the participation of the state prosecutor - assistant. Prosecutor of the city of Myski Beketova G.V.,
defendant Rachkov D.I.,
defender - lawyer S.M. Davydov, who presented the warrant from the law office No. 42/266 “S.M. Davydov” and certificate,
Having considered in open court on the premises of the Myskovsky City Court a criminal case in relation to:
Rachkova D.I., DD.MM.YYYYyear of birth, native of <address>, citizen of the Russian Federation, speaks Russian, secondary education, single, living in the city of Myski, <address>, registered at <address> of a person liable for military service, previously not convicted, accused of committing a crime under Article 150 Part 1 of the Criminal Code of the Russian Federation, court
U S T A N O V I L:
DD.MM.YYYY at about 00 o'clock 30 defendant Rachkov D.I., being an adult, being in a house located at <address>, knowingly knowing about the minor age FULL NAME1, DD.MM.YYYY year of birth, by promising him a monetary reward in the amount of *** rubles, aroused in him the desire and desire to participate together with Rachkov in the secret theft of other people's property. So DD.MM.YYYY at about 01:30, together FULL NAME1 together with Rachkov D.I., at the latter’s suggestion, driven by selfish intent for illegal enrichment, for the purpose of secretly stealing someone else’s property, having united in a group of persons by prior conspiracy, came to the house < Address>, belonging to the victim, FULL NAME2, went into the garden of the said house and, taking advantage of the fact that no one was watching their actions, secretly stole from there a cast-iron bathtub belonging to the victim, FULL NAME2, worth *** rubles. After which, they fled the crime scene, causing FULL NAME2 significant material damage in the amount of *** rubles. Thus, defendant Rachkov D.I. involved a minor FULL NAME1 in the commission of a crime.
At the court hearing, defendant Rachkov D.I. fully agreed with the charges brought against him and supported his request for a verdict without a trial.
The court is considering this criminal case without a trial, since the defendant fully agrees with the charges brought against him, is aware of the nature and consequences of his petition, this petition was submitted by him voluntarily, after consultation with a defense lawyer, the punishment for the crime committed by the defendant does not exceed 10 - ten years in prison.
The state prosecutor and the victim FULL NAME1 do not object to the consideration of the case in a special manner.
The court, having made sure that the guilt of the defendant was confirmed by the evidence collected in the case materials, came to the conclusion that the actions of the defendant Rachkov D.I. correctly qualified under Art. 150 of the Criminal Code of the Russian Federation, as the involvement of a minor in committing a crime by means of promises, committed by a person who has reached the age of eighteen.
When sentencing a defendant, the court takes into account the nature and social danger of the crime committed, mitigating circumstances, and the personality of the defendant.
As a person, Rachkov D.I. characterized satisfactorily.
The court considers repentance for what they have done, a sincere admission of guilt by the defendant, and a first criminal record as mitigating circumstances.
Taking into account mitigating circumstances, the court finds that correction of the convicted person is possible without isolation from society and Art. 73 of the Criminal Code of the Russian Federation, imposing a suspended sentence.
Grounds for application to the defendant of Art. 64 of the Criminal Code of the Russian Federation was not established by the court, since in the case there are no exceptional circumstances related to the goals and motives of the crime, the role of the perpetrator, his behavior during and after the commission of the crime, and other circumstances that significantly reduce the degree of public danger of the crime.
Based on the above, guided by Article 316 of the Code of Criminal Procedure of the Russian Federation, the court
PRI G O V O R I L:
Rachkova D.I. found guilty of committing a crime under Article 150 of the Criminal Code of the Russian Federation and sentenced him under this law in the form of imprisonment for a period of one (1) year.
Based on Art. 73 of the Criminal Code of the Russian Federation assigned to Rachkov D.I. The punishment is considered suspended with a probationary period of one year.
Assign the following responsibilities to the probationer:
after the court verdict enters into legal force, in agreement with the specialized state body that carries out the correction of convicted persons, appear for registration;
do not change your place of residence without notifying this authority.
Control over the conditionally convicted person shall be assigned to the criminal executive inspection No. GUFSIN at <address>.
The preventive measure is a written undertaking not to leave the place and proper behavior for the convicted Rachkov D.I. leave unchanged.
The verdict can be appealed in cassation to the Kemerovo Regional Court through the court of the city of Myski within 10 days from the date of its proclamation.
Explain to the convicted person the right to participate in the court of cassation.
Judge signature
The sentence came into force on August 12, 2011
Part 3 Art. 150 of the Criminal Code of the Russian Federation
In Part 3 of Art. for the use of violence, as well as the threat as qualified signs of the objective side of a crime .
Violence should be understood as infliction of physical pain, beating, tying up, as well as the use of physical violence against another person, whose life and health are dear to him due to the existing relationship. Battery that does not cause short-term health problems is fully covered by Part 3 of Art. 150 of the Criminal Code of the Russian Federation and does not require additional qualifications.
If, as a result of the use of violence, minor harm to health is intentionally caused to a minor, or serious or moderate harm to health is intentionally caused, then the actions of the perpetrator should be qualified under Part 3 of Art. 150 of the Criminal Code of the Russian Federation and under the corresponding article providing for causing harm to health (Articles 115, 112, 111 of the Criminal Code of the Russian Federation).
If violence is committed in the form of torture, forcible deprivation of liberty, kidnapping of the victim, rape, violent acts of a sexual nature, then the act is subject to liability for a set of crimes provided for in Part 3 of Art. 150 of the Criminal Code and relevant articles providing for liability for these crimes.
The threat of violence should be understood as the threat of beatings, causing harm to health of varying severity, the threat of torture, rape, sexual assault, kidnapping or imprisonment.
