Murder committed by a teenager, as well as an adult, is clearly interpreted by law as a serious crime. However, in terms of liability, the law is lenient towards them - being a minor is considered a mitigating circumstance. Also, the investigative authorities and the court carefully study many factors of the crime - the social adaptation and mental adequacy of the teenager. Many of these factors are often interpreted in favor of the accused.
The leniency of the law and the humanistic belief that a child killer can still become a normal member of society does not abolish justice. The charge of murder by a minor implies a considerable prison sentence. And it is unlikely to be avoided.
Criminal penalties for minors
Art. 87 of the Criminal Code of the Russian Federation indicates the age of the minor and the responsibility that he will bear. Thus, a citizen who has reached 14 years of age, but has not yet reached 18 years of age, is considered a minor.
The sanctions provided for in the article may be:
- forced educational nature;
- placement in a closed educational institution;
- criminal penalty.
Is there an article for murder by a minor?
There are no separate articles regulating the responsibility of adolescents for serious crimes in the Criminal Code of the Russian Federation. If a minor committed murder, he will be tried under Article 105 of the Criminal Code, common to all ages.
However, when considering cases of teenagers, Art. 88 of the Criminal Code. This article determines the level of responsibility for a juvenile offender, which is always lower than for an adult defendant.
What criminal articles apply?
The main articles under which the court can impose a strict sentence with the sentence being served in a colony relate to the life and health of other citizens.
- Art. 105 of the Criminal Code. Intentional murder is an act that the accused committed knowing and being aware of the consequences. In a premeditated murder, there is always a causal connection between the action (inaction) of the accused and the death of the victim. The article contains simple and qualified features. The first paragraph of the article provides for imprisonment from 6 to 15 years or restriction of freedom for 2 years. The second paragraph describes aggravating circumstances, including: the murder of two or more people, causing the death of a pregnant woman, a crime committed by a group of persons in conspiracy, with particular cruelty, involving extortion, etc. According to this part, the accused faces from 8 to 20 years in prison with subsequent restriction of freedom, or life imprisonment.
Note. Art. 88 of the Criminal Code of the Russian Federation imposes restrictions on the maximum punishment for teenagers. Thus, a minor between 14 and 16 years old will receive a maximum of 6 years in prison. A teenager who was over 16 but under 18 years old when committing a crime will receive no more than 10 years in prison.
- Art. 30 CC. Attempted murder involves preparation for a crime that could not be completed due to circumstances beyond the control of the attacker. According to the article, the attacker will receive ¾ of the maximum punishment for the murder committed. This responsibility is the same for adults and adolescents.
- Art. 119 of the Criminal Code. Death threats are understood by law as the creation of a psychologically traumatic situation in which the victim loses mental well-being. And regardless of the actual intentions of the attacker, this crime is considered an attack on health. The first part of the article provides for: compulsory work (up to 480 hours), restriction of freedom (up to 2 years), arrest (up to 6 months), imprisonment (up to 2 years). For the second part, the sanctions are more severe: forced labor for up to 5 years with deprivation of the right to hold certain positions or imprisonment (up to 5 years).
Note. For a teenager under 16 years of age, there is no punishment for this type of crime. For a minor who has reached 16 years of age and has not previously been involved, liability under Part 1 of Art. 119 of the Criminal Code does not provide for a prison term.
The child threatens suicide. What parents shouldn't do
Don't: Brush off or dissuade by ignoring feelings
-I'll jump out of the window if you don't buy me this!
-Calm down immediately
- I'll jump out!!!
- This is ridiculous! How are you behaving?!
- I’ll jump now!
-Have you done your homework? He was about to jump.
It seems that if we show the absurdity of the situation, the child will change his behavior. The problem is that most threats are made at an emotional peak. And your arguments are rational.
Instead of this:
You can’t pour cold milk into hot potatoes and get tasty mashed potatoes. If you want to get a tasty dish, bring the ingredients to the same temperature.
It's the same with people. If you want to interact, be at the same “emotional temperature”
Go to the area of feelings and begin to empathize with the child:
- You are very upset now, and it seems to you that dying is the best solution. I'm scared of what you say. I'm horrified by how important your phone is to you, not your life.
Or help me calm down and think rationally:
- Let's stop for a second. You and I, let's clean ourselves up and discuss what you just said. And we'll discuss the phone too.
Don't: provoke or ridicule
- “You have a thin gut”
- “Should I tie a rope for you or can you handle it yourself?”
- “Are you acting like your father? Thank you for at least warning me.”
When we are scared, we want guarantees. Convincing, immediate evidence that the threat of losing a child is excluded. A quick way to get relief is to be convinced of the inconsistency of threats right this very second. Test the solution for strength.
But what would you do if you heard this during a quarrel? Would you like to prove your parent wrong?
Even if you are sure that the child is provoking, do not provoke in return. Most suicides are committed under the influence of strong feelings. Sometimes the suicidal person did not want to kill himself at all, only to pretend. But every 4th attempt ends in death.
Instead of this:
Find out the reason and plan of the teenager
- Let's talk. What do you want to give your life for? Why is this so important to you?
- You say you want to die. What should your death change? Do you want these changes or death?
-Have you thought about this before? Did you harm yourself?
Tell your child about your life experiences
- You know, I was also convinced that the first love should be the last. Betrayal is very painful. I'm glad I chose life then.
- I don't want you to die. It hurts you, it hurts you. Would you like us to discuss your transfer to another class? This helped me at the time.
Don’t: ignore, prohibit talking about dissatisfaction
“In our house they don’t talk about such things.” It is a sin
“Aren’t you ashamed to complain about life?” You're a weakling for thinking about it
- You'll go crazy
Will it make you feel better if your child shuts up about his intentions?
Maybe. But ostrich politics rarely leads to a happy ending. Families of people who have killed themselves would prefer that loved ones open up to them about their experiences. They would not understand the desire to “ignore the threat”
Instead of this:
- Let me tell you why you don’t want to live?
— What do you like in your life? What's not to like? What do you want to change? What can you do to make it the way you want?
Don't ignore your child's threats to harm themselves. Even when they are convinced that he got excited. Think about it, why did he need to express dissatisfaction like that or blackmail him with his life? Does he not know how to handle failure? Convinced that life is over? Can't get enough of your attention? Help him make a decision to live. Contact a psychologist if you doubt the correctness of your decisions.
Peculiarities of consideration of cases of minors
As already mentioned, the court and investigation consider cases of minors especially carefully. Sometimes it turns out that the crime was committed unconsciously or even under someone’s duress.
Therefore, the authorities take into account many aspects:
- the conditions in which the child grew up and was raised;
- mental and mental development;
- adult influence (incitement or involvement in crime).
Note. Finding out the details of the crime can exclude criminal liability, unless, of course, the crime was serious.
Assignment of punishment by age
To find out all the types of responsibility that a teenager is charged with, you need to take a closer look at Art. 88 of the Criminal Code of the Russian Federation.
Liability measures provided for by law:
- fine;
- deprivation of the right to hold certain positions;
- correctional work;
- compulsory work;
- restriction of freedom;
- deprivation of liberty.
The fine, according to the article, is imposed on a teenager who has earnings or any property. If the culprit does not have the above, parents or guardians pay for it.
Correctional work is limited to a period of up to 1 year. Also, correctional labor cannot be assigned to a person under 15 years of age.
Compulsory work is assigned up to 160 hours. At the same time, the work must be feasible for the teenager and it must be performed in his free time from classes or work. The law also provides for age restrictions: 2 hours a day for convicts under 15 years of age and 3 hours a day for 15- and 16-year-old offenders.
Restriction of freedom is imposed for up to 2 years. However, this measure can only serve as the main punishment.
Imprisonment for a minor is an exceptional punishment. It cannot be imposed on a teenager who has committed a crime of minor or moderate gravity for the first time. For especially serious crimes, such as, for example, the murder of several people, a minor under the age of 16 will be sent to a colony for 10 years.
A serious crime is punishable by imprisonment for up to 6 years. For a person who committed a crime when he was over 16 years old, regardless of the severity of the crime, a punishment of no more than 10 years in prison is imposed.
Note. The lower limit of sanctions that are imposed on a teenager for a serious or especially serious crime, according to Art. 88 of the Criminal Code are reduced by half. Thus, if the minimum sentence for murder is 6 years, then for a convicted teenager it will be half as much - 3 years.
"I'll jump out of the window!" — What should parents do?
Any talk of suicide should be taken seriously. Don't be afraid to look alarmist or cause harm with your help. If you are right, you will be able to avoid trouble. If not, the child will learn that there are words that are wrong to throw around. Seek help if you don’t feel strong enough to talk to your child on your own.
If a teenager threatens to harm himself, ask him about it in detail. This conversation should have a lot of empathy, a desire to help, and there should be no judgment, ridicule or blame. You may think that such conversations can push you over the edge, but this is not the case. A person who thinks about death is not afraid to talk about it. By being sensitive to your child's words, you will not encourage him to continue the “game” if he made a threat without thinking.
Parents give life. Supporting the child’s desire to continue it is the next logical step. Try to evaluate the suffering that caused your child to utter terrible words. Evaluate not the situation itself, but how the child perceives it. The same events lead people to different states. One will experience helplessness and hopelessness - the other will not pay attention. Your task is to understand for yourself and help the child understand what it was. A figure of speech, a request for help or a warning.
Signals that make you seek help immediately
If you notice these signals, seek help from a psychologist or psychiatrist. In the very near future.
- The child tried to harm himself. It doesn't matter what the attempt looked like. If he has taken the first steps, the chances of completed suicide increase.
- The child came up with a plan. Decided how, when he would kill himself, he set a probationary period.
- You found traces of preparation - diaries, correspondence, materials on methods of taking life, searching for what you needed on the Internet.
- The child has lost interest in life - does not communicate with friends, gives away his things, is in a state of hopelessness.
- Flirts with death, romanticizing it - interested in websites, videos, movies about death and suicide.
- Has changed dramatically in behavior, mood, habits. I slept a lot - now I don’t sleep. He ate with gusto, but didn’t eat anything. He was shy and behaved defiantly.
- Experienced a personal or family tragedy - lost a loved one or friend, fell unrequitedly in love, is acutely worried about the divorce of his parents.
Seeking help in a timely manner is more important than avoiding the attention of doctors or other authorities. Don't be afraid to take your child to a specialist. This may not be a city clinic - but a private practitioner
