Criminal liability for involving children and adolescents in committing a crime has been differentiated

Criminal liability for involving children and adolescents in committing a crime will now be differentiated depending on the severity and number of crimes. The Supreme Council adopted in the second final reading amendments to the Criminal Code proposed by deputies of the Legislation Committee Galina Antyufeeva, Valery Babchinetsky and Gregory Dyachenko.

Involving a minor in committing a crime is punishable by imprisonment for up to 8 years (Article 146 of the Criminal Code). The court when sentencing takes into consideration the circumstances of the criminal case: whether minors were involved in a criminal group or in committing a serious or especially serious crime by deception, threats or violence. Two more were added to take into account the motives and number of crimes in which children and adolescents were involved in addition to these two prescribed qualifying features:

- in the commission of three or more minor and (or) moderately serious crimes;

- in the commission of a crime motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity towards any social group.

The Committee's amendments introduce criminal liability for involving persons under 14 years of age in committing crimes, since it is precisely up to this age that children are not able to fully understand and evaluate the nature of the actions they commit and are more susceptible to influence from adults in addition. The most common of these crimes is involvement in drug trafficking. Deprivation of the right to hold certain positions or engage in certain activities for up to 3 years has been added to the prison term for involving a teenager under 14 years of age as a punishment. The fact of using the Internet will be taken into account when sentencing for involving a minor in committing antisocial acts. Internet platforms are increasingly used to commit crimes due to anonymity and lack of direct contact today.

The law will come into force in 14 days after signing by the PMR President and official publication.