Involving a minor in committing a crime
Establishing criminal liability for involving a minor in committing a crime has important preventive significance; timely exposure and punishment of those responsible for this crime makes it possible to prevent antisocial behavior of minors, protect them from the corrupting influence of adult criminals, and contributes to the normal development and moral education of the younger generation.
The object of the crime is the normal development and formation of the personality of a minor. The objective side of the crime consists of actions aimed at inciting a desire in a minor to commit one or more crimes or participate in their commission. In this case, the actions of the perpetrator are active in nature and are associated with physical or mental impact on the minor (beatings, persuasion, assurances of impunity, flattery, threats and intimidation, bribery, deception, etc.).
A crime is considered completed from the moment a minor is persuaded to commit a crime, when the latter, under the influence of an adult, has the intent to commit a crime. In cases where, despite the influence exerted, the adult failed to involve the minor in committing a crime, the actions of the adult must be recognized as an attempt to commit the crime in question.
A person who has involved a minor who has not reached the age of criminal responsibility in the commission of a crime, and who has committed this crime together with him, must be recognized as the perpetrator of the crime, regardless of the form of participation in it. He is recognized as a perpetrator of a crime even when the crime was committed by a minor who has not reached the age of criminal responsibility without his participation. In addition, the action of an adult in both cases is subject to qualification under Art. 150 CC.
The actions of a person who involved in the commission of a specific crime (theft, robbery, causing harm to health, etc.) a minor who has reached the age of criminal responsibility, and who together with him committed this crime, are subject to qualification under the totality of Art. 150 and under the article providing for the crime committed.
The subject of a crime is a person who has reached the age of 18 at the time of the commission of the crime. The subjects of the crime provided for in Part 2 are the parents of the minor, teachers or other persons who are charged by law with the responsibility for his upbringing (guardians, trustees, etc.).
From the subjective side, the crime in question is committed intentionally, with direct intent. The person is aware that he is involving a minor in committing a crime and desires this. At the same time, it can pursue certain goals or act from certain base motives.
According to Part 3 of Art. 150 should qualify the involvement of a minor in the commission of a crime with the use of violence against him. At the same time, intentional infliction of grievous harm to the health of a minor requires additional qualifications under Art. 111 of the Criminal Code. A qualifying feature of the crime is also the threat of using various types of violence against a minor, including the threat of murder.
A particularly qualifying circumstance of the crime in question is the involvement of a minor in a criminal group or in the commission of a serious or especially serious crime (Part 4 of Article 150).
