Unfortunately, crimes are committed not only by adults, but also by minors. However, in any case, the person who committed the unlawful action must be punished. Of course, juvenile sanctions are provided for minors.
One way to correct persons under the age of 18 is to educational work. The Criminal Code provides for several educational measures. They are enshrined in Art. 90. The content of compulsory educational measures disclosed in Article 91 of the Code. Let's consider them in more detail.
Types of measures
A minor citizen who has committed a crime of moderate / minor gravity is allowed to be released from liability if it is established that the correction of this person can be achieved by applying educational measures.
The subject may be assigned such measures as:
- A warning.
- Establishment of the supervision of parents or citizens replacing them, or a specialized state body.
- The imposition of the obligation to eliminate (make amends) for the harm caused by the act.
- Leisure activities, definition of specific behavior requirements.
Application features
The law allows the implementation of several measures simultaneously. Moreover, the duration juvenile supervision, the actions of special requirements for behavior and restrictions when a person commits an act of minor gravity can be 1-24 months, moderate - 6-36 months.
If the minor does not comply with the order, the measure taken is canceled, and the case materials are transferred to the court to bring him to criminal liability.
Art. 91 of the Criminal Code
According to the norm, the warning consists in explaining to the minor citizen the damage caused by his actions, the consequences of the second crime, provided for by the Criminal Code.
When transferred under supervision, a person is placed under the control of persons who assume the obligation to conduct with him educational work.
When the minor is charged with the obligation to make amends for the damage arising in connection with the crime, the property status and the presence of the necessary labor skills and knowledge are taken into account.
Restriction of leisure, determination of special requirements for behavior may include a ban on visiting certain places, the use of specific types of leisure activities, including those related to vehicle management. A minor may be ordered not to travel outside the area without the permission of an authorized specialized state agency.
A person may also be required to return to an educational institution or to find a job with the help of an employment center.
Warning Characteristic
The essence of the first measure, fixed in the 2nd part Art. 91 of the Criminal Code, consists in verbal suggestion to the teenager of the social unacceptability of the actions that he committed. In this case, the minor is explained the harm that arose as a result of unlawful behavior, responsibility in the event of a second crime.
Suggestions and explanations are carried out orally, but they are written in writing, indicating that their content is clear to the person.
The warning is a negative assessment of the behavior of the minor, accompanied by the requirement not to repeat it under pain of bringing to real criminal liability.
Oversight Features
Securing this measure in Art. 91 of the Criminal Code in fact, it is aimed at emphasizing the attention of parents and their replacement subjects, as well as representatives of a specialized state body, on the need to develop other educational tactics for a teenager.
The Plenum of the Supreme Council clarified the issues of establishing control over a minor in Decree No. 1 of 2011. The document, in particular, states that when transferring a teenager to parents and their substitutes, the court must make sure that they have a positive effect on him and give him a correct assessment actions and able to ensure his proper behavior, daily control over him.
For this, the court seeks material characterizing the entities referred to in Part 2 Art. 91 of the Criminal Code, checks the living conditions, the level of material security and so on.
Supervision of a specialized government agency
It involves individual preventive work with a teenager aimed at his socio-psychological rehabilitation and the prevention of new acts.
Not in Art. 91 of the Criminal Code, no other criminal norms clearly define a specialized state agency authorized to control the behavior of a minor. It seems that such a structure may be one of the institutions of the system for the prevention of delinquency and neglect of adolescents.
Compensation for damage
The purpose of applying this measure is to develop a minor's understanding of the inadmissibility of causing damage by unlawful actions. A teenager, for example, is involved in the restoration of property, reimbursement of the cost of damaged things. In this case, undoubtedly, the labor skills of the minor, his property status should be taken into account.
If the teenager works, then he can transfer part of the earnings to the victim as compensation for harm. If the minor does not have a source of income, he can repair some thing, for example, a car or an outbuilding. If he does not know how to do anything, then the court chooses a different measure to be applied.
Specificity of restrictions
List provided Art. 91 of the Criminal Codeis not closed.
The choice of a particular form of restriction or specific requirements for behavior must be linked to the tasks of socio-psychological rehabilitation of the adolescent.
Special requirements may apply to driving a motor vehicle (car, motorcycle, etc.), being outside after some time (for example, after 8pm), traveling and so on.
If a minor has an objective need to go to another locality, but a restriction is imposed on him, he must obtain permission from a specialized state agency.
Special requirements may consist in prescribing to continue training in a general educational or vocational institution, register with the employment center and get a job.
In addition, a minor may be subject to restrictions not provided for in Art. 91. For example, the court has the right to order not to run away from home, behave properly in the family, etc.
A responsibility
Many minors believe that, having escaped criminal punishment once, they will succeed in the next. However, this is not the case.
The court appoints compulsory educational measures only if there is every reason to believe that the person will be corrected without applying more severe sanctions. If a teenager does not live up to expectations, then soft measures do not achieve their goals. Accordingly, criminal penalties under the relevant article will be applied.