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What is Article 150. Criminal Code on the involvement of a minor in the commission of a crime

Art. 150 of the Criminal Code of the Russian Federation tells about the retribution of the law to an adult for involving a minor in the commission of a crime. This act of citizens considered mature is the most common offense against adolescent children. Older people have a psycho-emotional influence on a young person who is not yet morally strong. Teenagers at this age are more likely to fall under outside influence. Statistics show that every 20 offense is committed by a minor or with his participation. But even if the child has committed an illegal act, the punishment will befall the mature person who has drawn him in.

Involvement of adolescents, in a criminal group or inciting to illegal acts, threatens to be prosecuted or other stipulated punishments.

New edition of the legal code specifies that it is a punishable offense for an older person to drag in youngsters to commit a crime. What is provided for in article 150 of the Criminal Code of the Russian Federation.

Usually, citizens who have reached the age of 18, in order to involve minors in socially dangerous actions, use:

  1. Deception.
  2. Intimidation, blackmail.
  3. Another option for exposure.

For this, punishment is provided, citizens are imprisoned for 5 years.

The involvement of young children in crime by parents, teachers or people who legally raise them is also subject to criminal prosecution.

Appointed:

  • imprisonment for 6 years;
  • restriction in free movement for 6 years with the deprivation of the right to occupy a certain profession;
  • deprivation of the right to engage in specific activities for a period of not more than 3 years.

In some situations, only unrestricted detention is applicable.

Involvement of adolescents with the help of violent action or the threat of its use, as indicated in parts 1 and 2 current article 150 of the Criminal Code, punishment is provided.

Appointed:

  1. Detention from 2 to 7 years.
  2. Restriction of free movement for a period of 2 years.

Acts, according to parts 1, 2, 3, coupled with the drawing of youngsters into criminal gangs or they take part in a grave, especially grave lawlessness, are subject to punishment.

Criminal acts committed at the instigation of older people, which incite political, national, racial, religious enmity and the manifestation of a negative position towards any social stratum, are subject to punishment.

The legislation provides for:

  • detention from 5 to 8 years;
  • truncation of freedom by 2 years.

The social danger of lawlessness lies in the encroachment on the development of the personality of citizens who have not reached the age of being involved in a legal response.

Each involvement of minors to assist in breaking the law creates a reserve for replenishing the world of criminals.

The commented article includes four parts that qualify the corpus delicti. Actions under part 1 are classified as moderately grave lawlessness, and parts 2, 4 are classified as grave atrocities.

The object of criminal encroachment is social ties that are associated with:

  1. Moral.
  2. Mental.
  3. Internal development of adolescents.

They are just beginning to form legal consciousness and develop the need for lawful behavior. A minor is a citizen who is under 18 years of age.

Objective side criminal offense is expressed by the involvement of minors in the commission of an offense by:

  • various deceptive promises;
  • threatening actions;
  • other impact.

Mandatory signs of the objective side are the options for which violations of the law were made, that is, by exhortation, deceitful information, threatening actions, or other methods of influence.

Teenagers can be promised for their atrocity:

  1. Cash.
  2. Present.
  3. Share of items stolen.
  4. The provision of some services, including education, employment, solutions for personal, family, household, social problems a young person, his relatives.

Also, an older person can promise a youngster protection in criminal career.

Deception implies false information given to a young person about the lawlessness she has committed, convincing him that nothing threatens him for participating in a crime. Inspire the idea of ​​not attacking legal implications for him, or that he can get off with a conditional conviction. In another case, they deliberately mislead the child, provide false information about the victim.

Young people may receive threats to divulge defamatory information regarding their closest relatives or him personally. Or the minor is blackmailed that they will destroy, damage the existing property, expel from educational institution or other measures of exclusion are applied. The resulting threat with the use of violence is qualified by part 3 of this article.

Under another option, the involvement of a youngster in committing a violation of the law is:

  • developing feelings of revenge in the child;
  • incitement to hatred based on racial, national, religious differences;
  • cheering, indicating that the young lady is afraid of growing up and does not make decisions on her own.

Another way of getting involved is asking older people to take part in a crime. The composition of the atrocity is essentially formal. An illegal act is considered completed at the time of the child's call to commit an atrocity, regardless of whether it was committed or not.

An older person cannot avoid a criminal answer for involving young people to take part in a crime, as a performer, co-executor, accomplice.

If we take the subjective side of the offense, then it is characterized by guilt that has direct intent. The attacker realizes that a citizen who is under 18 years of age is involved in the lawlessness.

The resolution of the Plenum in clause 8 BC N 7 states that an older person has the opportunity to avoid a criminal response in a situation where, by his act, he did not consciously attract a young person to commit a violation of the law. Or they did not suspect that the subject was young.

Motivation and obtaining a goal when qualifying an action as an offense have no effect. The subject of the unlawful encroachment is a person without mental disabilities for 18 years.

An adult is liable for criminal responsibility for an atrocity in which the child involved was:

  1. Co-executor.
  2. By the performer.

Also, for inciting an adult to commit a crime to a minor, he is expected criminal prosecution.

The second part of this law, the composition of the offense provides for the distinction of a special subject.

  • parents;
  • teachers;
  • guardians.

Those who have the right to raise children. Parents are persons registered as father or mother in the birth registration act and those whose rights were established by law.

Parents who have dragged their young child into crime are prosecuted under Part 2, regardless of whether they are deprived of or restricted from fulfilling parental responsibilities.

A teacher is a person who carries out educational, educational activities:

  1. In a specialized institution of any type.
  2. In the course of individual pedagogical work.

Other citizens who, according to the law, are obliged to bring up persons who have not reached the age of majority are an adoptive parent, guardian, adoptive parents, families. This also includes educators, teachers of all types of institutions.

Those who are legally authorized to bear the obligation to raise children are not considered other persons:

  • stepfather;
  • stepmother;
  • grandfather grandmother;
  • brother, sister;
  • the rest of the relatives.

Part 3, securing the special qualifications of the composition of the crime, provides for the option of committing an atrocity, using violent actions or with blackmailing their use. The law implies any manifestation of the imposition of the will of an older person, regardless of the damage caused to a minor. Coercion under Art. 112-116, part 1 of Art. 117-119, which covers part 3 of Art. 150 are not additionally qualified.

When a severe injury to health is caused by intent (Art. 111), torture is carried out with the use of aggravating circumstances (Part 2 of Art. 117), then they are given qualifications in conjunction with Art. 150 of the Criminal Code of the Russian Republic.

Part 4 provides for a criminal response if it happened:

  1. Involvement of a minor in the commission of a crime of the Criminal Code of the Russian Federation as part of a group.
  2. A grave or especially grave lawlessness committed.
  3. There was a violation of the law on the basis of racial, national, religious, political misunderstanding.

Such lawlessness is always based on hostility towards people belonging to other ethnic, ideological views.

There is always a background behind the attraction of minors to commit illegal, antisocial acts, the influence of an older person who wants to commit such violations of the law, but at the same time such a desire is aroused in a young child.

A mature citizen, under the influence of promises, threatening blackmail or deception, invites a young lady to take an illegal action. Looking at the judicial practice, the fact is noticed that many convicted persons, although they have reached the age of eighteen, are themselves no older than objects involved in criminal situations.

  • The Volga City Court of the Volgograd Region sentenced twenty-year-old Ch. For two crimes committed under Part 1 of Art. 150 of the Criminal Code of the Russian Federation. They involved acquaintances who had not reached the age of majority, which he knew very well. By persuasion he persuaded them to commit theft of someone else's property, while promising them financial reward, which drew young people to perform illegal actions;
  • in the city of Volgograd, the Sovetskiy district court authority sentenced twenty-year-old S. for involving young A. to break the law. According to part 3 of Art. 30, item "a" part 2 of Art. 158 of the Criminal Code of the Russian Federation., The guilty S. was convicted of the offense under Part 1 of Art. 150 of the Criminal Code of the Russian Federation, part 3 of Art. 30 item "a", part 2 of Art. 158 of the Criminal Code of the Russian Federation.

An older person mentally influences a teenager from the beginning of the proposal to commit an atrocity and from the implementation of some preparatory moments that contribute to the prerequisites for the development of intentionality in a young person for future criminalistic acts.

Next example:

  • When visiting a supermarket with his 15-year-old son, my father came up with the idea to take things from the store that, in principle, they did not need. And since there was practically no financial means, after a not very long denial, the child agreed. Moreover, he saw a clear example of how his father shoved stolen things into his pockets. Leaving the store, getting into his car, the father "inspired" by the successful outcome offered to return to the supermarket once again since they were so "lucky". But his son had already begun to doubt, and he dissuaded his father not to return to the scene, but the parent ignored his son's remark. Returning to the store, by their behavior, they attracted the attention of the guards and were detained at the crime being committed. During the procedural proceedings, the parent and son could not give a clear answer why they took different little things. Both were charged with committed lawlessness under Part 3 of Art. 30 item "a", part 2 of Art. 158 of the Criminal Code of the Russian Federation (attempted hidden theft of someone else's property, committed by a group of people who had previously conspired). In addition, for a negative example to the child, the father was charged with article 150 of the Criminal Code of the Russian Federation, part 2, by bringing in his young son as a family member. We must pay tribute to the work of the parent's lawyer, who managed to negotiate with the store. A petition was filed to terminate the legal case, as the parties agreed to reconciliation. Therefore, the client was found not guilty of a violation of the law under Part 2 of Art. 150 of the Criminal Code of the Russian Federation, he was acquitted as there is no corpus delicti in his action;
  • defendant P., who is an adult, was charged that he knew exactly about F.'s minor age and suggested that he unlawfully steal grain from a warehouse located on the territory of a grain flow. The minor was promised a certain sum of money after the sale of the stolen goods. But by the court P. was acquitted under Art. 150 of the Criminal Code of the Russian Federation, they indicated that at the stage preliminary investigation defendant P. fully admitted guilt in the violation of the law. They were also informed that they have known the minor F. since childhood and that they have one year of age difference, but the atrocity committed with the involvement of a minor occurred several months before the minor reached 18 years of age. There was no age inequality between teenagers, no one tried to lead in front of each other. At that time, the minor F. was engaged in the sale of stolen grain, to whom the elder P. was transferred cash from the sale of goods. The court emphasized the fact that the jointly committed lawlessness of an adult with a minor does not constitute a corpus delicti, which is provided for in Art. 150 of the Criminal Code of the Russian Federation. However, not everyone liked this court decision.

Therefore, contacting an experienced lawyer will help establish the true state of affairs. In such situations, it is necessary to carefully analyze the case materials, check the evidence provided, and clarify all the grounds for the assertion of ignorance of the age of the minor. In some cases, liability under the Code of Administrative Offenses may apply to such crimes.

As statistics show, it is known that older guys or citizens who involve youngsters in criminal activities, mostly have convictions and have a certain antisocial orientation. And therefore, the age of the teenagers involved in the crime is indifferent to them.

When examining the personal data of the defendants, the judicial authority draws attention to the available materials that characterize the accused with positive side... This is the presence of public employment, employment, education, marital status, all these factors can affect the possible correction of a person, without isolating him from society.

Article 150 of the Criminal Code of the Russian Federation with comments and amendments for 2019-2020.

1. Involvement of a minor in the commission of a crime by means of promises, deception, threats or in any other way, committed by a person who has achieved eighteen years of age, -

the applicable sentence is deprivation of liberty for a term not exceeding five years.

2. The same act, committed by a parent, teacher or by another person who is entrusted by law with the duties of 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, foreseen in parts the first or second 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 restraint of liberty for a term of up to two years.

4. Acts provided for in the first, second or third parts of this Article, related to the involvement of a minor in a criminal group or in the commission of a grave or especially serious crime, as well as in the commission of a crime based on political, ideological, racial, national or religious hatred or enmity, or on the basis of hatred or enmity against any social group, -

shall be punishable by imprisonment for a term of five to eight years, with or without restraint of liberty for a term of up to two years.

Commentary on Article 150 of the Criminal Code of the Russian Federation:

1. The objective side of the crime is the involvement of a minor in the commission of a crime. The actions of the one who involves are always specific, i.e. imply instilling in a minor the idea of ​​the need to commit a specific crime.

The deliberately incorrect upbringing of another person, the development of criminal inclinations in him or the involvement of vicious people in society, the mere presence of a teenager when an adult commits a crime, without active actions on his part, etc. is not involved.

2. The commented article contains an open list of ways to involve a minor in the commission of a crime: promise, deception, threat, and other methods. The methods used by the perpetrator can be very different (for example, begging, bribery, persuasion).

Part 1 of Art. 150 covers the threat of destruction or damage to someone else's property, the threat of dissemination of information shaming the victim or his relatives, other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives. When violence or the threat of its use is used during involvement, the legislator assigns them the meaning of qualifying signs (part 3 of article 150).

3. The composition of the crime is formal. In accordance with the Resolution of the Plenum The Supreme Court RF dated February 1, 2011 N 1 "O jurisprudence application of legislation governing the features criminal liability and punishment of minors "involvement is completed from the moment the juveniles commit a crime, preparation for a crime, attempted crime. If the desired result for the perpetrator does not occur due to circumstances beyond his control, it is necessary to apply the rule of attempt. Therefore, the actions of the implicator will be qualified under Part. 3 art. 30 and art. 150 (p. 42).

4. In cases where a minor has committed a crime in which he is involved, the perpetrator is liable for the totality of crimes: for involvement in the commission of a crime under Art. 150 and for incitement to a crime in which he involved a minor, and if he himself participated in the commission of a crime, then as a co-perpetrator of this crime.

Involvement in the commission of a crime of not one, but several minors does not form a set of crimes under Art. 150.

5. Subjective side crime is characterized by guilt in the form of direct intent. The intention of the perpetrator should also include awareness of the age of the person involved in the crime.

6. The subject of a crime is any person who has reached the age of 18 years. In this case, the difference in the age of the minor victim and the culprit does not matter.

7. Part 2 of the article provides for the criminal responsibility of parents, teachers and other persons who are obliged by law to raise a minor. In addition to blood parents, responsibility may be borne by the stepfather, stepmother, adoptive parents, as well as parents deprived of parental rights.

Other persons responsible for upbringing are pedagogical, medical, social workers, psychologists and other specialists who, in accordance with the legislation of the Russian Federation, are responsible for work on upbringing, education, health protection, social support and social services of the child, on behalf of the guardianship and guardianship authorities and other competent authorities, may participate in measures to ensure the protection of the rights and legitimate interests of the child in the education, health, labor and social development, law enforcement and other agencies involved in the protection of the rights of the child.

8. Part 3 of the article establishes increased responsibility for the acts provided for in parts 1 and 2 of Art. 150, if they are committed with violence or the threat of its use. The concept of "violence" includes violence that is harmless to life and health, as well as causing minor and moderate harm to health. If the violence used during the involvement resulted in the infliction of grievous harm health (Art. 111 of the Criminal Code) or was associated with torture (part 2 of Art. 117 of the Criminal Code), the perpetrator is additionally brought to justice in accordance with the relevant norms.

The threat of violence implies a mental impact on a minor. It can be anything, including the threat of murder or grievous bodily harm to a minor.

9. Part 4 of the article provides for three especially qualifying signs - the involvement of a minor:

  • 1) to a criminal group;
  • 2) commission of a grave or especially grave crime;
  • 3) commission of a crime based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group.

A criminal group should be understood as a group of persons in a preliminary conspiracy, and an organized group or criminal community(Article 35 of the Criminal Code). Involvement in a group of persons without prior agreement is impossible, since the guilty person and the minor have an agreement in advance about the commission of a crime in the future.

On the concept of grave and especially grave crimes, see the commentary to Art. 15 of the Criminal Code.

Under the motive of national, racial, religious hatred or enmity, one should understand internal motives conditioned by certain needs, expressing the desire of the perpetrator to show his superiority and inferiority of the victim because of his belonging to a particular nation or because of his race, or because of his professing a certain religion and as a result this is his hateful attitude towards him, to humiliate his dignity.

In such a situation, the culprit realizes public danger and the focus of their actions on arousing the desire of a minor to commit precisely an extremist crime and wants to act in a certain way.

1. Involvement of a minor in the commission of a crime by means of promises, deception, threats or in any other way, committed by a person who has reached the age of eighteen, -

the applicable sentence is deprivation of liberty for a term not exceeding five years.

2. The same act, committed by a parent, a pedagogical worker, or any other person who is entrusted by law with the duties of 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. Deeds provided for in the first or second part 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 restraint of liberty 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 based on political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group, -

shall be punishable by imprisonment for a term of five to eight years, with or without restraint of liberty for a term of up to two years.

Comments to Art. 150 of the Criminal Code of the Russian Federation


1. The Constitution of the Russian Federation emphasizes that motherhood and childhood, the family are under the protection of the state (Art. 38). This constitutional provision develops international legal standards for the protection of families and minors (Universal Declaration of Human Rights 1948; Declaration on the Rights of the Child 1959; International Covenant on Civil and political rights 1966; International Covenant on Economic, Social and cultural rights 1966; Declaration on social and legal principles on the protection and well-being of children, especially in foster care and adoption at the national and international levels 1986; 1985 United Nations Guidelines for the Prevention of Juvenile Delinquency; 1990 UN Standard Minimum Rules for the Administration of Juvenile Justice; 1989 UN Convention on the Rights of the Child, etc.).

2. The object of a crime is social relations that ensure the normal development and correct moral education of a minor, his rights and legitimate interests... The victim is a person under the age of 18.

3. The objective side is characterized by the involvement of a minor in the commission of a crime by means of promises, deception, threats or in any other way.

The involvement of a minor in the commission of a crime should be understood as a variety of actions that induce him to participate in the commission of one or more crimes as a perpetrator or accomplice.

Cheating is creating a false idea about someone (for example, the identity of the victim) or about something (for example, about circumstances that are important to a teenager), misleading a minor (for example, reporting the allegedly legitimate nature of an alleged action), as a result of which the minor is encouraged to commit a crime.

The threat is expressed in socially dangerous informational influence on the psyche of a minor, in his intimidation. The legislator does not disclose the content of the threat. The perpetrator may threaten to harm health, rape, commit violent acts of a sexual nature, kidnap the victim, destroy property, disclose compromising information, etc. The threat can be addressed both to the minor himself and to people close to him. It must be borne in mind that the implementation of the threat is not covered by Art. 150 CC and requires an independent legal assessment.

Another method, which the law speaks about, involves a wide range of effects on the psyche of a minor (with the exception of promises, deception and threats, as well as violence, to which the law attaches importance to a qualifying sign), prompting him to commit a crime: revenge, bribery, persuasion, arousing feelings of envy , education in the spirit of "thieves' romance", etc.

4. According to paragraph 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation from 01.02. 2011 N 1 "On the judicial practice of the application of legislation regulating the peculiarities of criminal responsibility and punishment of minors" a crime under Art. 150, is completed from the moment a juvenile committed a crime, preparation for a crime or attempted crime.

5. The subjective side is characterized by the presence of guilt in the form of direct intent. In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation of 01.02.2011 N 1 (paragraph 42), it should be established whether the adult realized that by his actions he was involving a minor in the commission of a crime. If an adult did not know about the minority of the person involved in the commission of a crime, he cannot be held liable under Art. 150 CC.

6. The subject of the crime is a person who has reached the age of 18 years.

7. It must be borne in mind that when a crime is committed by minors who are not subject to criminal liability due to age (Art. 20 of the Criminal Code) or insanity (Art. 21 of the Criminal Code), the person who has involved the minor in the commission of this act, by virtue of Part 2 of Art. ... 33 of the Criminal Code is responsible for the deed as a perpetrator through mediocre infliction.

When a minor is incited to commit a crime, the actions of an adult, if there are signs of corpus delicti, must be qualified under Art. 150 of the Criminal Code, as well as under the law providing for liability for complicity in the commission of a specific crime.

8. The qualifying feature specified in Part 2 of Art. 150 of the Criminal Code, is the commission of a crime by a parent, teacher or other person charged with the responsibility of raising a minor by law. In addition to blood parents (including a father recognized as a parent in accordance with Article 49 of the RF IC), the stepfather, stepmother, and also adoptive parents may be responsible. Cannot be qualified under Part 2 of Art. 150 of the Criminal Code of the actions of a person deprived of parental rights. Another person means a guardian, curator, representative of a specialized government body carrying out educational functions in relation to a minor and monitoring his behavior, etc.

9. Part 3 of Art. 150 of the Criminal Code provides for a specially qualified composition: the commission of the crime in question with the use of violence or with the threat of its use. Physical violence as a way of involving a minor in the commission of a crime is characterized by beating, causing minor or moderate harm to health. When causing serious harm to health, the actions of the perpetrator form a set of crimes under Art. Art. 111 and 150 of the Criminal Code. The mental impact on a teenager is characterized by the threat of harm to health of varying severity, murder.

10. Under Part 4 of Art. 150 of the Criminal Code, liability arises for actions related to the involvement of a minor in a criminal group or in the commission of a grave or especially grave crime. Under a criminal group in accordance with Art. 35 of the Criminal Code should be understood as a group of persons, a group of persons in a preliminary conspiracy, an organized group and a criminal community (criminal organization). Signs of grave and especially grave crimes are given in Art. 15 of the Criminal Code.

In addition, part 4 of the commented article provides for a special motive for the commission of the crime in question - political, ideological, racial, national or religious hatred or enmity, or hatred or enmity against any social group.

The generic object of crimes under Art. 150, 151 of the Criminal Code of the Russian Federation, are public relations that ensure the rights and interests of the individual (the right to safety of life, health, dignity, honor, sexual freedom and inviolability, constitutional rights and freedom, etc.).

The specific object - social relations that ensure the correct upbringing of a minor, the development and preservation of the family as a social institution that forms the personality of a minor - unites crimes of the same direction, provided for by Chapter 20 of the Criminal Code of the Russian Federation.

The main direct object of the involvement of a minor in the commission of a crime should be recognized as social relations that ensure the right of a minor to protection from information that harms his moral and spiritual development. Additional object crimes are public relations that ensure the safety of property - in the event of a threat of destruction or damage to property, security of honor and dignity - in the event of blackmail (part 1.2 of article 150 of the Criminal Code of the Russian Federation). An optional object is social relations that ensure health or freedom - when using violence; or public relations that ensure the safety of these goods - in the event of the threat of violence (part 3 of article 150 of the Criminal Code of the Russian Federation).

Involvement of a minor in the commission of a crime is any deliberate action aimed at persuading him to commit a crime, arousing his desire to commit it.

Part 1 of Art. 150 of the Criminal Code of the Russian Federation recorded such methods of committing a crime as a promise, deception, threat and other methods.

A promise is the acceptance by the guilty party of an obligation to provide the minor with any benefits in the future, for example, to provide assistance in finding a place to study or work.

Deception is deliberate misleading by transmitting information that does not correspond to reality or omission about various facts, things, phenomena of reality in order to persuade a minor to commit a crime.

Threat is intimidation of the victim by causing him any harm, in particular by destruction or damage to property, disclosure of information constituting personal or family secret... The reality of the threat is assessed taking into account various circumstances: the perception of the threat to the victim (subjective factor), and all the circumstances characterizing the intention of the guilty person (objective factor): the way of expressing the threat, the identity of the guilty person, his previous behavior, the place of expression of the threat, clear superiority in forces in favor of the guilty , the nature of the previous relationship between the guilty party and the victim (for example, systematic prosecution of the victim), the characteristics of the guilty person's personality in general, whether he has a criminal record, etc. The threat can be expressed orally or in writing, transmitted by other means of communication: telephone, fax, e-mail; gestures, etc. Criminal law Russian Federation... Special part / edited by B.V. Zdravomyslova M .: "Lawyer", 1999 - p. 123

Another way to involve a minor can be persuasion, bribery, giving advice, arousing any base motives in a minor (envy, anger, revenge).

As indicated in the resolution of the Plenum of the Supreme Court of the Russian Federation No. 7 "On judicial practice in cases of crimes of minors" dated February 14, 2000, the composition of the involvement of a minor in the commission of a crime is formal.

It seems possible in the disposition of Part 1 of Art. 150 of the Criminal Code of the Russian Federation, the term “involvement” should be replaced by “declination”. This will make it possible to associate the moment of the end of this act with the incitement of a minor's desire to commit a crime.

Clause 9 of the said resolution of the Plenum of the Supreme Court of the Russian Federation states: said crime must qualify under Art. 150 of the Criminal Code of the Russian Federation, as well as under the law providing for liability for complicity (in the form of incitement) in the commission of a specific crime. " The perpetrators of the involvement of minors in the commission of crimes in most cases (96%) were brought to justice not only under Art. 150 of the Criminal Code of the Russian Federation, but also in aggregate for a crime committed together with a minor.

The qualification of the actions of an adult criminal also depends on the characteristics of the minor involved in the commission of a socially dangerous act. The Plenum of the Supreme Court of the Russian Federation drew attention to the fact that “the commission of a crime with the use of a person who is not subject to criminal liability due to age (Art. 20 of the Criminal Code of the Russian Federation) or insanity (Art. 21 of the Criminal Code of the Russian Federation) does not create complicity. At the same time, when a crime is committed by a minor who is not subject to criminal liability on the above grounds, the person who has involved the minor in the commission of this crime, by virtue of Part 2 of Art. 33 of the Criminal Code of the Russian Federation bears responsibility as a performer through mediocre execution. "

Involvement of a minor in the commission of a crime is characterized by direct intent: a person who has reached the age of eighteen realizes the factual side and social danger of involving a minor in the commission of a crime and wishes it. The cited resolution of the Plenum of the Supreme Court of the Russian Federation indicates that if an adult did not know about the minority of the person involved in the commission of a crime, he cannot be held liable under Art. 150 of the Criminal Code of the Russian Federation.

The subject of the crime in accordance with the instructions of Part 1 of Art. 150 of the Criminal Code of the Russian Federation is a sane natural person who has reached the age of eighteen. Involvement of another minor in the commission of a crime by one minor does not constitute a given corpus delicti.

The corpus delicti is formal. In the resolution of the Plenum of the Supreme Court of the Russian Federation No. 7 "On judicial practice in cases of crimes of minors" dated February 14, 2000, it is noted that the crime is considered completed from the moment the juvenile is involved in the commission of a crime, regardless of whether he has committed any of the indicated illegal actions Article-by-article comment to the Criminal Code of the Russian Federation 1996 (ed. by A. Naumov) - M .: "Gardarika", Fund " Legal culture"2003 - p. 288.

Part 2 of Art. 150 and part 2 of Art. 151 of the Criminal Code of the Russian Federation establishes increased responsibility for the involvement of a minor in the commission of a crime (antisocial actions) by a special subject - a parent, teacher or other person who is entrusted by law with the responsibility of raising a minor. In this case, parents are understood to mean both fully capable parents and parents who are deprived of parental rights or are limited in them in accordance with Family Code RF. Teacher - a person holding a relevant position in a state or non-state educational or educational institution, who is entrusted with conducting educational work with the teenager involved in the commission of a crime. “Other person” is a guardian (curator), stepfather, stepmother, foster parents, employees of commissions for juvenile affairs, educational colonies, educational and medical educational institutions and other persons charged with the responsibility of raising a minor by law. Under Part 3 of Art. 150, part 3 of Art. 151 of the Criminal Code of the Russian Federation comes responsibility for involving a minor in a crime (antisocial actions) committed with the use of violence or with the threat of its use.

Violence, in the sense of Part 3 of Art. 150 and part 3 of Art. 151 of the Criminal Code of the Russian Federation, can be expressed in beatings, as well as other violent actions associated with inflicting physical pain on the victim or with the restriction of his freedom - tying, locking in a room, beatings, causing lung, moderate harm to health. In the event of serious harm to health, the deed forms a set of crimes provided for in Part 3 of Art. 150 or part 3 of Art. 151 of the Criminal Code of the Russian Federation and Art. 111 of the Criminal Code of the Russian Federation. The correctness of this qualification is evidenced by a comparison of the sanctions of these norms.

The threat of violence includes the threat of beatings, harm to health of any degree of severity, as well as the threat of murder, rape, and violent acts of a sexual nature. Such a threat is fully covered by the "involvement" and does not require additional qualifications under Art. 119 of the Criminal Code of the Russian Federation.

This type of threat must have signs of specificity and reality and can be expressed orally or in writing, transmitted by other means of communication: telephone, fax, e-mail; gestures, making certain actions- demonstration of firearms and edged weapons, items used as weapons. As the study of the materials of practice shows, in many cases there is a combination of different ways of expressing threats of murder. For example, verbally threatening to kill, the perpetrator commits some action (demonstrates cold or firearms etc.), reinforcing the seriousness of intentions.

Part 4 of Art. 150 of the Criminal Code of the Russian Federation established increased responsibility for the commission of acts provided for in parts 1, 2, 3 of Art. 150 of the Criminal Code of the Russian Federation related to the involvement of a minor in a criminal group or in the commission of a grave or especially grave crime.

The revision of this norm is unsuccessful, since its literal interpretation gives the following disposition: "Involvement of a minor in the commission of a crime associated with the involvement of a minor in a criminal group or in the commission of a grave or especially grave crime." Perhaps part 4 of Art. 150 of the Criminal Code of the Russian Federation should be stated as follows: "Inducing a minor to participate in a criminal group or to commit a grave or especially grave crime."

The norms providing for liability for qualified types of involvement of minors in the commission of crimes or other antisocial actions need to be improved. Thus, it is necessary to differentiate criminal liability for involving minors in the commission of crimes or other antisocial actions, depending on:

a) the age of the victim, since the involvement of a minor in the commission of criminally punishable or antisocial acts poses a higher social danger than that of another minor. To do this, it follows in Part 3 of Art. 150 and part 3 of Art. 151 of the Criminal Code of the Russian Federation to provide for punishment for persuading a person, knowingly under 14 years of age;

b) the way to get involved. For this, it is worth in part 2 of Art. 150 and part 2 of Art. 151 of the Criminal Code of the Russian Federation to provide for punishment for the use of violence that is not dangerous to life and health or the threat of its use, and in part 3 of Art. 150 and part 3 of Art. 151 of the Criminal Code of the Russian Federation - for violence dangerous to life and health or the threat of its use;

c) the consequences that have occurred. So, in part 3 of Art. 150 of the Criminal Code of the Russian Federation, it is necessary to provide for a more severe punishment if a minor has committed a crime, and in Part 3 of Art. 151 of the Criminal Code of the Russian Federation - to establish increased responsibility for an act that entailed serious consequences (alcoholism, substance abuse, etc.).

The involvement of minors in the commission of antisocial acts must be delimited from related crimes... In particular, there is the problem of delimiting the crimes under Art. 151 and Art. 230 of the Criminal Code of the Russian Federation (inducement to the consumption of narcotic drugs and psychotropic substances). In order to qualify the actions of a person as involving a minor in the use of intoxicating substances, it is necessary to establish that, firstly, the intoxicating drugs were not narcotic drugs or psychotropic substances; Secondly, there was a systematic nature of such actions. The involvement of a teenager in the consumption of narcotic drugs or psychotropic substances should be qualified under clause "c", part 2 of Art. 230 of the Criminal Code of the Russian Federation, even with a one-time commission of an act. Course of criminal law. In 5 volumes. Volume 2. Theory of criminal punishment / ed. the doctors legal sciences, Professor G.N. Borzenkov and Doctor of Law, Professor V.S. Komissarova) - M .: ICD "Zertsalo-M", 2005 - P.188.

In the case of involving a minor in prostitution, the deed is necessary, taking into account the changes in Art. 151 of the Criminal Code of the Russian Federation to qualify only under Part 3 of Art. 240 of the Criminal Code of the Russian Federation. The direct object under Art. 240 of the Criminal Code of the Russian Federation, is public morality, that is, the totality public relations, defining the idea in a given society about good and evil, about decency and obscenity, about humane and inhuman, about just and unjust. Ways to engage in prostitution in the sense of Art. 240 of the Criminal Code of the Russian Federation are varied, including such as the use of violence or the threat of its use, which form a qualified type of crime (part 2 of Art. 240 of the Criminal Code of the Russian Federation).

When the involvement of a minor in the commission of a crime or other antisocial actions is preceded by his purchase and sale, or recruitment, transportation, transfer, harboring or receipt, committed for the purpose of his exploitation, everything that has been done is subject to qualification under Art. 150 (Art. 151) and clause "b" Part 2 of Art. 1271 of the Criminal Code of the Russian Federation “Trafficking in Persons”.

liability implication crime juvenile

Chapter 20 of the Criminal Code of the Russian Federation contains crimes provided for by Articles 150-157 of the Criminal Code of the Russian Federation.

Art. 152 - excluded due to the adoption of Art. 127 1 of the Criminal Code of the Russian Federation.

Generic object- personality, fundamental rights and freedoms

Species object- normal development of the family and minors

Immediate object –

1.normal development of minors - Articles 150,151,156 of the Criminal Code of the Russian Federation

2. normal development of the family - Articles 153,155,157 of the Criminal Code of the Russian Federation.

Objective side – all trains are formal. An obligatory feature is an act.

Action - Articles 150 - 155 of the Criminal Code of the Russian Federation

Inaction - Article 157 of the Criminal Code of the Russian Federation

Action and inaction - Article 156 of the Criminal Code of the Russian Federation

S- from 16 years old. Exceptions - Article 150.151 - from the age of 18. Special S - Article 154.156 of the Criminal Code of the Russian Federation.

General and special S - Article 155 of the Criminal Code of the Russian Federation.

Subjective side- Direct intent.

Resolution of the Plenum of the RF Armed Forces of 02/14/2000 "On judicial practice in cases of juvenile crimes."

Immediate object- normal development of minors

The victim is a minor - a person under 18 years of age. If an adult did not know about the minority of a person involved in the commission of a crime, he cannot be held liable under Article 150 of the Criminal Code of the Russian Federation.

Objective side – formal composition

The crimes provided for by Article 150,151 of the Criminal Code of the Russian Federation are completed from the moment the minor is involved in the commission of a crime or antisocial actions, regardless of whether he has committed any of the indicated illegal actions.

Involvement is understood as a variety of actions forcing a minor to participate in the commission of one or more crimes.

Part 1 of Article 150 of the Criminal Code of the Russian Federation indicates the following methods of involvement:

1. Promise: assurances and promises of a wide variety of nature (both related to the commission of crimes and not related to it), including those that do not directly relate to the minor, but are important for him (for example, to help in finding a job or study, have a medical effect).

2. Committing ... or breach of trust, for example, that the act is not a crime or because of his age is not subject to criminal liability.

3. Threats, blackmail, intimidation by causing harm to him or his loved ones without violence (to deprive him of housing), the threat of physical violence - part 3 of article 150 of the Criminal Code of the Russian Federation

4. Other methods involve a wide range of effects on the psyche (persuasion, bribery, etc.).

The main structure provides for responsibility for the commission of a minor in the commission of crimes of small and medium gravity. Involvement in the commission of grave and especially grave crimes - part 4 of article 150 of the Criminal Code of the Russian Federation.


In the case of a juvenile crime S is subject to liability:

1. If a teenager is subject to responsibility and they committed a crime together, then he is qualified under Article 150 of the Criminal Code of the Russian Federation and for the corresponding crime.

2. If a teenager is subject to responsibility and he commits a crime on his own, then qualification S under Article 150 of the Criminal Code of the Russian Federation and for the crime committed.

3. If a teenager is not subject to criminal liability, then S is in any case subject to liability under Article 150 of the Criminal Code of the Russian Federation and for the commission of the corresponding crime.

S- a person who has reached the age of 18.

Subjective side- direct intent. It should also be established whether the adult was aware or assumed that by his actions he was involving a minor in the commission of crimes.

The motives for the crime can be different.

In part 2 of article 150 of the Criminal Code of the Russian Federation, special S - parents, teachers or other persons who are legally entrusted with the duties of raising a minor. Parents should also be understood as adoptive parents, blood parents who are deprived of parental rights. Teacher - do not forgive the person holding the relevant position in educational institution(teacher, lecturer, educator), but only the one that is entrusted with carrying out educational work with the teenager involved in the crime. Other persons should include guardians, foster parents.

Part 3 of Article 150 of the Criminal Code of the Russian Federation provides for the involvement of a teenager with the use of violence or with the threat of using such violence. Physical violence covers the infliction of mild and moderate harm to health to a minor. Causing grievous bodily harm must be qualified in accordance with the combination of Articles 150 and 111 of the Criminal Code of the Russian Federation.

The threat to use violence is unlimited in nature, up to the threat of murder. Therefore, in the case of the use of the threat of violence, the deed is qualified only under Article 150 of the Criminal Code of the Russian Federation and without Article 119 of the Criminal Code of the Russian Federation.

The involvement of a minor in a criminal group or in the commission of a grave or especially grave crime is a qualifying feature of Part 4 of Article 150 of the Criminal Code of the Russian Federation.

Under the criminal group in in this case means a group in a preliminary conspiracy and an organized group.