ST 151.1 of the Criminal Code of the Russian Federation.
Retail sale of alcoholic products to minors, if this act is committed repeatedly, is 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 imprisonment. 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 the retail sale of alcoholic products to a minor by a person subjected to administrative punishment for a similar act, during the period when the person is considered subject to administrative punishment.
Commentary to Art. 151.1 Criminal Code
1. The subject of the crime is alcoholic beverages. Alcohol products are divided into such types as drinking ethyl alcohol, alcoholic beverages (including vodka), wine (including natural wine).
2. The objective side is expressed in the retail sale of alcoholic products to minors. For this crime to exist, it is necessary that the act be committed repeatedly, i.e. provided that the seller was held administratively liable for the first sale.
3. The crime is considered completed from the moment of repeated sale of alcoholic products to minors, if this occurred after the entry into force of the resolution imposing an administrative penalty for a similar act (Part 2.1 of Article 14.16 of the Code of Administrative Offenses of the Russian Federation) and before the expiration of one year from the date of completion of the execution of this resolution .
4. Special entity: a person engaged in retail sale of alcoholic products.
Commentary to Art. 151 of the Criminal Code of the Russian Federation
1. The object of the crime is the moral formation of the personality of a minor. An optional subject may be the health of a teenager.
2. The objective side is the involvement of a minor in antisocial activities, the forms of which, according to Part 1 of Art. 151 of the Criminal Code are the systematic use of alcoholic beverages or intoxicants; vagrancy or begging. It should be noted that this list is exhaustive, and therefore the involvement of a minor in other antisocial actions (gambling, committing administrative offenses, etc.) does not form part of the crime in question.
Involving a minor in the systematic use of alcoholic beverages consists of repeatedly encouraging the adolescent to drink these drinks, as a result of which the minor develops (may develop) alcohol dependence or the habit of drinking alcoholic beverages. It does not matter whether the minor was brought to a state of intoxication during work or school or during non-working or non-school hours.
Involving a minor in the systematic use of intoxicating substances, produced under the influence of an adult, means their consumption for such a time and in such quantities that the person develops a habit of using them, a painful dependence on them. Intoxicating substances are medications and chemicals for household use, the use of which causes a state close to alcohol or drug intoxication and has a destructive effect on the physical and mental health of a teenager. The list of these substances is approved by the Standing Committee on Drug Control. These, in particular, include: clonidine-alcohol mixture in any percentage, a mixture of diphenhydramine with alcohol, a barbiturate-alcohol mixture, chloroform, ether, toluene, chloroethyl, etc. It must be borne in mind that inducing a teenager to consume narcotic or psychotropic drugs substances are qualified under Art. 230 CC.
Involvement in vagrancy is the inclination of a minor to wander from one locality to another or to change places in one city or area for a long time, which often forms maladaptive behavior in the teenager. Actions are recognized as vagrancy regardless of whether the minor has a permanent place of residence or not.
Begging means asking strangers for money or other material assets.
The crime has a formal structure and is considered completed from the moment the actions specified in the law are performed: involving a minor in the systematic use of alcoholic beverages, intoxicants, vagrancy or begging.
3. The subjective side is characterized by guilt in the form of direct intent.
4. The subject of the crime is a person who has reached the age of 18 years.
5. The qualified crime is provided for in Part 2 of Art. 151 of the Criminal Code. The content of the qualifying feature (involvement of a minor in the commission of antisocial actions by a parent, teacher or other person charged with the responsibility of raising a minor by law) is similar to those indicated as such in Part 2 of Art. 150 CC.
6. Part 3 of the commented article provides for the following special qualifying feature: the commission of the crime in question with the use of violence or threats of its use. The concept of violence and the threat of its use coincides in content with a similar feature of Part 3 of Art. 150 CC.
7. According to the note to the commented article, the involvement of a minor in vagrancy in the presence of two circumstances does not form part of the crime in question: a) these actions were committed by the parent of the minor; b) this was committed as a result of a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
Second commentary to Art. 151.1 of the Criminal Code of the Russian Federation
1. The concept of alcoholic products is given in the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” (as amended on December 28 .2017).
2. The corpus delicti presupposes administrative prejudice—the existence of an administrative penalty for the sale of alcoholic beverages to a minor. Its essence is revealed in the note to Art. 151.1.
3. The subjective side is characterized by direct intent.
4. The subject of the crime is special: a person engaged in the retail sale of alcoholic beverages.
Commentary on Article 151 of the Criminal Code of the Russian Federation
1. The objective side of the crime in question is the involvement of a minor in antisocial activities, the forms of which are the systematic use of alcoholic beverages, intoxicants, vagrancy or begging. This list is exhaustive, and therefore the involvement of a minor in other antisocial activities (gambling, administrative offenses, etc.) is not considered a crime.
Some types of antisocial actions are identified as independent crimes (for example, Article 230 of the Criminal Code provides for liability for inducement to use narcotic drugs and psychotropic substances, Article 240 of the Criminal Code for involvement in prostitution).
2. It is a criminal offense to involve a minor in drinking alcoholic beverages by inducing a teenager to systematically consume these beverages, as a result of which he develops (may develop) an alcohol addiction or a habit of drinking alcohol.
Involvement in the systematic use of intoxicating substances means their consumption for such a time and in such quantities, produced under the influence of an adult, which develops in the person a habit of using them, a painful dependence on them.
Involvement in begging should be understood as the influence of the perpetrator on the minor, as a result of which the latter systematically began to beg for money or material assets from strangers; by involvement in vagrancy - the influence of the perpetrator on a minor, the result of which was his systematic movement from one locality to another or a change of place in one city or region.
3. To delimit the crime provided for in Art. 151, from an administratively punishable act, the legislator points to such a sign as systematicity, which assumes that the teenager, as a result of involvement, has a desire to repeatedly commit these antisocial actions. For a single case of involving a minor in committing antisocial acts, criminal liability does not arise.
4. The crime should be considered completed from the moment the minor is involved in committing antisocial actions, as a result of which he systematically performs such actions.
5. The subjective side of the crime is characterized by guilt in the form of direct intent.
6. The subject of a crime is any person who has reached the age of 18 years.
7. On the content of the qualifying features specified in Parts 2 and 3 of the article, see the commentary to Parts 2 and 3 of Art. 150 CC.
8. Note to Art. 151 contains one of the circumstances excluding the criminality of the act, and supplements the list of those specified in Chapter. 8 of the Criminal Code.
Article 151 of the Criminal Code of the Russian Federation. Involving a minor in committing antisocial acts.
Commentary on Article 151
1. The object of the crime is the moral formation of the personality of a minor.
An optional subject may be the health of a teenager. 2. The objective side is the involvement of a minor in antisocial activities, the forms of which, according to Part 1 of Art. 151 of the Criminal Code are the systematic use of alcoholic beverages or intoxicants; vagrancy or begging. It should be noted that this list is exhaustive, and therefore the involvement of a minor in other antisocial actions (gambling, committing administrative offenses, etc.) does not form part of the crime in question.
Involving a minor in the systematic use of alcoholic beverages consists of repeatedly encouraging the adolescent to drink these drinks, as a result of which the minor develops (may develop) alcohol dependence or the habit of drinking alcoholic beverages. It does not matter whether the minor was brought to a state of intoxication during work or school or during non-working or non-school hours.
Involving a minor in the systematic use of intoxicating substances, produced under the influence of an adult, means their consumption for such a time and in such quantities that the person develops a habit of using them, a painful dependence on them. Intoxicating substances are medications and chemicals for household use, the use of which causes a state close to alcohol or drug intoxication and has a destructive effect on the physical and mental health of a teenager. The list of these substances is approved by the Standing Committee on Drug Control. These, in particular, include: clonidine-alcohol mixture in any percentage, a mixture of diphenhydramine with alcohol, a barbiturate-alcohol mixture, chloroform, ether, toluene, chloroethyl, etc. It must be borne in mind that inducing a teenager to consume narcotic or psychotropic drugs substances are qualified under Art. 230 CC.
Involvement in vagrancy is the inclination of a minor to wander from one locality to another or to change places in one city or area for a long time, which often forms maladaptive behavior in the teenager. Actions are recognized as vagrancy regardless of whether the minor has a permanent place of residence or not.
Begging means asking strangers for money or other material assets.
The crime has a formal structure and is considered completed from the moment the actions specified in the law are performed: involving a minor in the systematic use of alcoholic beverages, intoxicants, vagrancy or begging.
3. The subjective side is characterized by guilt in the form of direct intent.
4. The subject of the crime is a person who has reached the age of 18 years.
5. The qualified crime is provided for in Part 2 of Art. 151 of the Criminal Code. The content of the qualifying feature (involvement of a minor in the commission of antisocial actions by a parent, teacher or other person charged with the responsibility of raising a minor by law) is similar to those indicated as such in Part 2 of Art. 150 CC.
6. Part 3 of the commented article provides for the following special qualifying feature: the commission of the crime in question with the use of violence or threats of its use. The concept of violence and the threat of its use coincides in content with a similar feature of Part 3 of Art. 150 CC.
7. According to the note to the commented article, the involvement of a minor in vagrancy in the presence of two circumstances does not form part of the crime in question: a) these actions were committed by the parent of the minor; b) this was committed as a result of a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
Criminal liability
Article 151 of the Criminal Code provides for severe punishment for drunkenness of young children:
- compulsory work up to a maximum of 480 hours;
- correctional labor for a period of 1 to 2 years;
- administrative arrest from 3 to 6 months;
- imprisonment for up to 4 years.
The choice of one punishment or another depends on the decision of the judge, who, during the trial of the case, will study all the circumstances of the committed act, assess the harm caused to the health and psyche of the child, get acquainted with aggravating and mitigating circumstances, the personal characteristics of the defendant and the living conditions of the teenager.
When such a crime is committed by persons belonging to a special entity, the scope and severity of the punishment increases.
- Restriction of freedom (house arrest) for a period of 2 to 4 years.
- Administrative arrest for a period of 4 to 6 months.
- Imprisonment for up to 5 years with restriction of the right to occupy positions specified by the court or restriction of access to certain types of activities.
In addition, another aggravating circumstance, the punishment for which is specified separately in Part 3 of Art. 151 of the Criminal Code of the Russian Federation, is the use of violence against a minor in order to involve him in drinking alcoholic beverages.
The punishment proposed by the legislator is imprisonment for a term of 2 to 6 years.
Commentary on Article 151.1 of the Criminal Code of the Russian Federation
1. The subject of the crime is alcoholic beverages. From July 1, 2012, alcoholic food products are understood as food products that are produced with or without the use of ethyl alcohol produced from food raw materials and (or) alcohol-containing food products with an ethyl alcohol content of more than 0.5% of the volume of the finished product, with the exception of food products in accordance with the list established by the Government of the Russian Federation. Alcohol products are divided into types such as spirits (including vodka), wine, fruit wine, liqueur wine, sparkling wine (champagne), wine drinks, beer and drinks made from beer (subclause 7, article 2 of the Federal Law of November 22, 1995 N 171-FZ “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products”).
2. The objective side is the retail sale of alcoholic products to minors, if this act is committed repeatedly. The concept of repetition is given in the note to Art. 151.1. A retail sale is considered to have been made more than once if such a sale is carried out a second time, provided that the seller was held administratively liable for the first sale.
It must be borne in mind that only the retail sale of alcoholic beverages to a minor is criminally punishable. Consequently, its wholesale sale does not constitute the crime in question.
The corpus delicti presupposes administrative prejudice—the existence of an administrative penalty for the sale of alcoholic beverages to a minor. Administrative prejudice is valid for 180 days from the date of imposition of the administrative penalty.
A one-time sale of this product or its sale after the expiration of the specified period of prejudice entails administrative liability under Art. 14.16 Code of Administrative Offenses of the Russian Federation.
The crime has a formal structure and is considered completed from the moment of repeated sale of alcoholic products to a minor by a person who was previously brought to administrative responsibility.
3. The subjective side is characterized by direct intent.
4. Special subject of the crime - a person engaged in the retail sale of alcoholic products, for example, a liquor store seller.
