Involving a minor in antisocial activities is a criminal offense. Such atrocities hinder the formation of a teenager’s personality, making him antisocial, preventing him from developing physically and spiritually. It is noteworthy that modern youth themselves strive to join real adult life by trying alcohol, narcotic drugs and psychotropic substances. If older comrades do not prevent such dangerous hobbies of the younger generation or actively encourage such actions, they become criminals and, therefore, are subject to criminal punishment.
Let's look at the key aspects of such atrocities.
Basic provisions
According to the norms of current legislation, the term “involvement” refers to situations where adults intentionally create conditions when antisocial acts are committed by minors or the preconditions for such activities are created.
For example, parents treat their child to beer, mistakenly believing that a small dose of weak alcohol will not cause harm. However, involving minors in drinking alcohol is not the only antisocial act. Adults can force a child to beg, entice him into prostitution, or get him hooked on illegal drugs.
All of the listed offenses fall under Article 151 of the Criminal Code, which outlines penalties for involving persons under the age of majority in anti-social activities.
Important! The article provides an exhaustive list of antisocial acts, therefore, involving a teenager in gambling or involving him in committing other administrative violations does not imply liability under Article 151 of the Criminal Code of the Russian Federation. Download for viewing and printing:
Article 151 of the Criminal Code of the Russian Federation “Involving a minor in committing antisocial actions”
What is the penalty for an adult for getting a minor drunk?
06/22/2018 | Nuts | no comments | 3983 |
My son is not yet 16 years old, he joined the company of older guys and began to regularly come home with the smell of alcohol. Several times I was even very drunk. I know the leader of that company. But he only brushes aside his parent’s notation. Do we have any responsibility for drugging a minor? What measures can be taken? Elena.
— This year, employees of the regional police department identified 589 people who involved minors in antisocial behavior. All of them were brought to administrative responsibility under Art. 17.4 (Involving a minor in antisocial behavior). This even means the fact of buying him alcoholic, low-alcohol drinks or beer, as well as involvement in the use of such drinks. The article provides for the imposition of a fine in the amount of 10 to 30 basic units,” said Victoria Lapshina, deputy chairman of the commission on minors of the Gomel City Executive Committee.
— I can also inform you about the completion of the preliminary investigation into two criminal cases initiated under Article 173 of the Criminal Code. They concern facts of systematic involvement of minors in antisocial behavior, which is punishable by arrest or imprisonment for up to three years. And the same action, committed with the use of violence, or by a parent, teacher or educator, is punishable by imprisonment for a term of one to five years.
Involving a minor in antisocial activities is a criminal offense. Such atrocities hinder the formation of a teenager’s personality, making him antisocial, preventing him from developing physically and spiritually. It is noteworthy that modern youth themselves strive to join real adult life by trying alcohol, narcotic drugs and psychotropic substances. If older comrades do not prevent such dangerous hobbies of the younger generation or actively encourage such actions, they become criminals and, therefore, are subject to criminal punishment.
Let's look at the key aspects of such atrocities.
Varieties
Let's look at exactly what acts are considered antisocial and give a brief definition of each point.
Begging
This assumes situations where a minor begs strangers for money, food, things and other items of financial value.
Vagrancy
Situations when a teenager leads a nomadic lifestyle, constantly moving within a certain territory or area, or wandering between populated areas.
If this happens over a long period of time, the teenager may develop persistent problems with adaptation in society. It is noteworthy that whether the little tramp has a permanent place of residence or the lack thereof does not play a significant role.
Drinking alcohol-containing products
This refers to the repeated abuse of alcoholic beverages by adolescents, which can provoke persistent alcohol dependence.
For the crime under Article 151 of the Criminal Code of the Russian Federation, it does not matter at what time minors are involved in systematic drunkenness: educational or free. In addition, the fact of consumption itself is not taken into account: an adult only needs to repeatedly offer alcohol to a child, and even if the latter refuses, the offender will end up in the dock.
Use of intoxicants
This refers to mind-stupefying substances that cause a state close to alcoholic intoxication. This may include some medicines, household chemicals, a mixture of alcohol with intoxicating components, for example, diphenhydramine, ether, barbiturates. Important! If the involvement of minors in vagrancy is provoked by a difficult life situation or lack of means of subsistence, the situation does not constitute a criminal offense, provided that the involvement occurs at the request of the parents.
How is a juvenile conviction expunged?
Lawyer Antonov A.P.
According to Part 1 of Article 86 of the Criminal Code of the Russian Federation, a person convicted of committing a crime is considered to have a criminal record from the day the court’s conviction enters into legal force until the criminal record is expunged or removed. A criminal record in accordance with the Criminal Code of the Russian Federation is taken into account for minors only when assigning punishment. According to paragraph “b” of Part 4 of Article 18 of the Criminal Code of the Russian Federation, when recognizing a recidivism of crimes, convictions for crimes committed by a person under the age of eighteen are not taken into account. This rule also applies to cases where a minor commits a crime again before the expiration of the criminal record for the first sentence, regardless of the category of the newly committed crime. A criminal record is the legal status of a person, conditioned by the fact of conviction and sentencing to him by a court verdict for a crime committed and entailing the legal consequences established by criminal law if this person commits a crime again; an outstanding or unexpunged criminal record that a person has gives rise to special public legal relations with the state that are formed on the basis of criminal law regulation, which, when this person commits new crimes, serve as the basis for assessing his personality and the crimes he has committed as having an increased public danger and therefore presupposes application of more stringent criminal liability measures to him. Allowing by virtue of Part 3 of Art. 55 of the Criminal Code of the Russian Federation in relation to persons with a criminal record, the possibility of establishing by federal law certain additional burdens that remain for a reasonable period of time after they have served their criminal sentence, which, among other things, are determined by the public danger of such persons, are adequate to it and are associated with the obligation to bear responsibility for guilty behavior The Constitution of the Russian Federation, at the same time, requires unconditional compliance with the guarantees of the individual it provides and is based on the need to ensure the fairness of the relevant restrictions and their proportionality to the protected constitutional values. This presupposes the establishment of public legal liability only for a guilty act and its differentiation depending on the severity of the act, the size and nature of the damage caused, the degree of guilt of the offender and other significant circumstances that determine the individualization of punishment (Resolution of the Constitutional Court of the Russian Federation dated July 15, 1999 N 11-P ). So, the criminal legal significance of a criminal record for a convicted minor arises only when he commits a new crime. This meaning is manifested in the fact that it serves as an obstacle (along with repetition) to the release of a person from criminal liability (Part 1 of Article 75, Article 76, 80.1 of the Criminal Code of the Russian Federation). According to Part 2 of Art. 86 of the Criminal Code of the Russian Federation, a person released from punishment is considered to have no criminal record. A person who has been released from punishment due to a change in the situation (Article 80.1 of the Criminal Code of the Russian Federation), with the expiration of the statute of limitations for a court conviction (Article 83 of the Criminal Code of the Russian Federation) is considered to be unconvicted; a minor released from punishment with the use of compulsory educational measures or placement in a special educational or medical educational institution (Article 92 of the Criminal Code of the Russian Federation), as well as convicts released from punishment (in full) under an amnesty (Article 84 of the Criminal Code of the Russian Federation ). The law provides for two ways to terminate a criminal record: a) expungement, which requires the expiration of a certain period, after which the criminal record is terminated automatically; b) withdrawal before the expiration of such a period by a court, an act of amnesty or pardon. The terms for expunging a criminal record under current legislation depend, firstly, on whether the punishment is suspended or real and, further, whether it is imprisonment or a more lenient punishment. If this is imprisonment, the terms are differentiated depending on the category of the crime committed. In accordance with Part 3 of Art. 86 of the Criminal Code of the Russian Federation, a criminal record is expunged: in relation to conditionally convicted persons - upon expiration of the probationary period; in relation to persons sentenced to more lenient punishments than imprisonment - after one year after serving or executing the sentence; in relation to persons sentenced to imprisonment - after the expiration of the periods specified in the law, the duration of which depends on the category of the crime committed. In all cases of imposition of additional punishment provided for in Part 3 of Art. 86 of the Criminal Code of the Russian Federation, the terms should be calculated from the moment the additional punishment is served. Likewise, if a person was released early from serving a sentence (Article 79, Part 3, Article 81, Article 93 of the Criminal Code of the Russian Federation) or the unserved part of the sentence was replaced with a more lenient form, the period for expunging the criminal record is determined according to the general rules, but begins to count from the moment of release from serving the main and additional types of punishment. If the convicted person behaved impeccably after serving his sentence, then, at his request, the court can remove his criminal record before the expiration date of the criminal record (Part 5 of Article 86 of the Criminal Code of the Russian Federation). The procedure for court consideration of petitions to expunge a criminal record is provided for in Article 400 of the Code of Criminal Procedure of the Russian Federation. In the event of a refusal to expunge a criminal record, a repeated petition for this may be filed with the court no earlier than one year after the date of the decision on refusal. Early expungement of a criminal record can also take place due to acts of amnesty (Article 84) or acts of pardon (Article 85). In accordance with Article 95 of the Criminal Code of the Russian Federation, for persons who committed crimes before reaching the age of 18 years, the terms for expunging a criminal record, provided for in Part 3 of Article 86 of the Criminal Code of the Russian Federation, are reduced and are accordingly equal to: a) one year after serving imprisonment for a minor crime or moderate severity; b) three years after serving imprisonment for a serious or especially serious crime. Article 95 of the Criminal Code of the Russian Federation specifies the terms for expunging the criminal records of minors sentenced to imprisonment for all categories of crimes. If a minor is sentenced to probation or to types of punishment not related to imprisonment, then the terms for expunging the criminal record are determined according to the general rule specified in paragraphs “a” and “b” of Part 3 of Article 86 of the Criminal Code of the Russian Federation. The period for expunging a criminal record may expire when a person has already turned 18 years old, however, the period is calculated based on the fact that the crime was committed by the person before he turned 18 years old, therefore, in this case, the rules of Article 95 of the Criminal Code of the Russian Federation apply.
Still have questions for your lawyer?
Ask them right now here, or call us by phone in Moscow +7 (499) 288-34-32 or in Samara +7 (846) 212-99-71 (24 hours a day), or come to our office for a consultation (by pre-registration)!
What constitutes a crime
Such offenses are characterized by a formal composition, and the crime is considered committed from the moment of an attempt to involve a minor in antisocial acts falling under the provisions of the article in question of the Criminal Code.
Objective side
Involves the involvement of adolescents in antisocial activities.
An object
The personality of the victim, his health and moral formation.
Subjective side
Direct intent aimed at committing illegal actions.
Subject
Any citizen over 18 years of age.
Grandma bootlegger
Substances in themselves: Russians are dying from tobacco, alcohol and drugs
Researchers assessed the main risks to the country's demographics
“I didn’t drink for seven years, but then I went to school” - this old joke came true for a family from Gaya near Orenburg. There, a first-grader was hospitalized after suffering from alcohol poisoning. Alcohol entered the child’s body not by an absurd accident, but during joint drinking among older teenagers at a local club. This story still leaves many questions for adults - first of all, for the child’s legal representatives, then for the administration of the village club. And, of course, to those who allowed minors to obtain alcohol.
As the police found out, the girl was visiting her grandmother in the village of Beloshapka (Gaisky urban district), who let her go for a walk with her 17-year-old neighbor. At the dance, the minors treated themselves to alcohol brought by their 15-year-old acquaintance. The child began to vomit, and she returned home to her mother and confessed everything. The most surprising thing about this incident is that, as the police found out, the teenager purchased counterfeit alcohol from the victim’s grandmother.
Gorky since childhood
Photo: RIA Novosti/Konstantin Mikhalchevsky
Administrative protocols have been drawn up against the woman under Art. 14.2 of the Code of Administrative Offenses of the Russian Federation (“Illegal sale of goods (other things), the free sale of which is prohibited or limited”) and Art. 14.17.1 Code of Administrative Offenses of the Russian Federation (“Illegal retail sale of alcoholic and alcohol-containing food products by individuals”).
Dry residue: experts named the main signs of alcoholism
Russians began to drink less alcohol
The Investigative Committee reported that a criminal case had been initiated.
Responsibility measures
According to the provisions of Article 151 of the Criminal Code of the Russian Federation, those guilty of involving minors in antisocial activities may face the following types of punishment:
- crime without aggravating features: compulsory labor for up to 480 hours, correctional labor for 12-24 months, arrest for up to six months or imprisonment for up to 4 years;
- committed by a teacher, parents or other persons on whom the victim is socially dependent: arrest for up to six months, imprisonment for up to 5 years, restriction of freedom of movement for 2-4 years, ban on teaching for 3 years;
- committed with the use of violence or the threat of its use: up to 6 years in prison.
“There will always be an adult who will buy a drink.”
There is an opinion that childhood alcoholism is a social disease and is associated exclusively with neglect and poverty. Of course, those who grow up in an antisocial environment are more likely to associate their lives with alcohol from an early age. But contrary to the stereotype, many children with alcohol addiction grow up in prosperous families. In any case, in the generally accepted understanding - wealth, educated parents. For example, the family of Ulyana (name changed), who agreed to tell their story to Izvestia.
— It was customary for us to have alcohol on the table on holidays. The children were also involved, clinking glasses with the adults. My relative’s husband, an Italian, believed that a child should be taught good wine from childhood. I don't remember at what age I took my first sip, but it happened before I went to school.
Relatives to this day refuse to admit that Ulyana has alcoholism.
Gorky since childhood
Photo: IZVESTIA/Mikhail Tereshchenko
— Wine and expensive alcohol in our family were associated with a respectable life. Already in elementary school, at children's birthdays, I had a “legitimate” half glass of sparkling wine. Alcohol was freely available at home—I soon began quietly pouring myself a drink from the adults’ supplies.
Sleep and sing: paid sobering-up stations may appear as early as October
Why businesses are in no hurry to invest in shelters for drunks
Outside the city, at the dacha, there were no problems with alcohol - older teenagers constantly got it, says Ulyana.
— Already at the age of 12, I systematically drank strong alcohol. And at school she was often the initiator of drinking parties. I could easily get the bottle. It just seems like it’s difficult to buy alcohol for a teenager. There will always be an adult to help.
Ulyana’s drinking peaked in the 2000s, when the legislation was less stringent, but sales of alcohol to children were still fined.
“We just asked the adults to buy us a drink.” Someone, of course, refused, most often girls and women. And the men agreed.
But very soon problems began.
— At the age of 14–15, I asked my parents to send me to a psychologist or otherwise help me cope with alcohol. I couldn't stop. Not only my peers, but also adult men took advantage of my intoxication. In high school, I had a bad reputation among my friends. This was difficult to deal with. But my parents and my aunt, who watched me grow up, still ignore the problem. They think I’m fine, I just need to drink a little less.
Today the girl is 26 years old, she has completed an addiction recovery program.
— In my family, alcohol was imposed on me as a symbol of luxury, pleasure, success. But for me, alcohol has always been associated with vulgarity. Problems with alcohol caused self-deprecation and a desire to stay sober.
