Administrative and criminal liability of minors

Administrative Liability of Minors in the Republic of Belarus

(Based on the pages of the Code of the Republic of Belarus on Administrative Offenses)

Article 4.6. Liability of Minors.

1. Minors aged fourteen to eighteen who have committed administrative offenses shall be held administratively liable in accordance with the Code of Administrative Offenses of the Republic of Belarus.

2. Administrative penalties in the form of administrative arrest shall not be imposed on minors aged fourteen to eighteen, and administrative penalties in the form of a fine (unless they have their own earnings, scholarship, and/or other income) or correctional labor shall not be imposed on minors aged fourteen to sixteen.

3. Minors aged fourteen to eighteen may be subject to the administrative penalty of a warning, regardless of whether it is provided for in the sanction of a specific article of the Special Part of the Code of Administrative Offenses of the Republic of Belarus.

Article 4.3. Age from Which Administrative Liability Arises

1. A natural person who has reached the age of sixteen by the time of the offense shall be subject to administrative liability, except in cases provided for by this Code.

2. A natural person who has committed an act prohibited by this Code at the age of fourteen to sixteen shall be subject to administrative liability only:

1) for intentional infliction of bodily harm (Article 9.1);

2) for petty theft (Article 10.5);

3) for intentional destruction or damage to property (Article 10.9);

4) for violation of fire safety requirements in forests or peat bogs (Article 15.29);

5) for cruel treatment of animals (Article 15.45);

6) for setting fires in prohibited areas (Article 15.58);

7) for petty

hooliganism (Article 17.1);

8) for violation of the rules ensuring traffic safety on railway or urban electric transport (parts one - three, five of Article 18.3);

9) for violation of the rules of using railway transport (Article 18.4);

10) for violation of the rules of using a vehicle (Article 18.9);

11) for violation of the rules of using the metro (Article 18.10);

12) for violation of requirements for ensuring cargo safety in transport (Article 18.34);

13) for damage to historical and cultural values (Article 19.4);

14) for violation of the procedure for opening military burial sites and conducting search operations (Article 19.7);

15) for illegal actions with respect to gas, pneumatic or projectile weapons (Article 23.46);

16) for illegal actions with respect to cold weapons (Article 23.47).

3. A natural person who has reached the age specified in parts one or two of this Article shall not be subject to administrative liability if it is established that, due to intellectual underdevelopment not related to a mental disorder (illness), they were unable to understand the factual nature or unlawfulness of their actions at the time of committing the act.

Article 9.1. Intentional infliction of bodily harm

Intentional infliction of bodily harm that did not result in short-term health disorder or minor permanent disability shall entail a fine of from ten to thirty basic units or administrative arrest.

Article 9.2. Defamation

Defamation, that is, the dissemination of knowingly false fabrications that disgrace another person, shall entail a fine of from ten to thirty basic units.

Article 9.3. Insult

Insult, that is, the intentional humiliation of honor and dignity expressed in an indecent form, shall entail a fine of from four to twenty basic units.

Article 10.5. Petty theft

1. Petty theft of property by stealing, fraud, abuse of official powers, misappropriation or embezzlement, as well as an attempt at such theft - shall incur a fine of from ten to thirty base units or administrative arrest.

2. The same acts, committed repeatedly within one year after the imposition of an administrative penalty for the same offenses - shall incur a fine of from thirty to fifty base units or administrative arrest.

Petty theft is the theft of property of a legal entity in an amount not exceeding ten times the base unit established on the day of the offense, as well as the theft of property of an individual in an amount not exceeding twice the base unit established on the day of the offense, except for the theft of property of an individual committed by a group of persons, or by theft from clothing or hand luggage that was on him, or by breaking into a dwelling.

Article 17.1. Petty hooliganism

Obscene language in a public place, offensive molestation of citizens and other deliberate actions that violate public order, the activities of organizations or the peace of citizens and are expressed in blatant disrespect for society - shall incur a fine of from two to thirty base units or administrative arrest.

Article 17.3. Drinking alcoholic beverages in a public place or appearing in a public place in a state of intoxication

1. Drinking alcoholic beverages on the street, at a stadium, in a public garden, park, public transport or other public places (or being in a group of persons drinking alcoholic beverages), except for places intended for the consumption of alcoholic beverages, or appearing in a public place in a state of intoxication that offends human dignity and morality - shall incur a fine of up to eight base units.

2. The same actions, committed repeatedly within one year after the imposition of an administrative penalty for the same offenses - shall incur a fine of from two to

fifteen base units or administrative arrest.

Article 17.6. Knowingly False Report

1. A knowingly false report that has led to response measures being taken by the police, ambulance services, emergency response units, or other specialized services shall incur a fine of from four to fifteen base units.

2. The same act committed repeatedly within one year after the imposition of an administrative penalty for the same violation shall incur a fine of from twenty to fifty base units.

Article 18.23. Violation of Traffic Rules by a Pedestrian and Other Road Users

1. Violation of traffic rules by a pedestrian, a person operating a bicycle, a horse-drawn cart, or a person participating in traffic and not operating a vehicle shall incur a warning or a fine of up to five-tenths of a base unit.

2. Violation of traffic rules by persons specified in part one of this article while intoxicated shall incur a fine of from one to three base units.

3. Violation of traffic rules by persons specified in parts one and two of this article, which has resulted in the creation of an emergency situation, shall incur a fine of from six-tenths to three base units.

4. Violation of traffic rules by persons specified in part one of this article, which has resulted in minor bodily harm to a victim, damage to a vehicle, cargo, road surface, road and other structures, or other property, as well as their leaving the scene of a road traffic accident in which they are participants, shall incur a fine of from four to twenty base units.

Article 18.30. Fare Evasion

1. Fare evasion by passengers on all types of urban transport, as well as passing through a control turnstile (control line) in the metro without a document,

confirming the right to travel, shall incur a fine of two-tenths of a basic unit.

2. Fare evasion by passengers on suburban trains, buses, and route taxis shall incur a fine of two-tenths of a basic unit.

3. Fare evasion by passengers on local and long-distance trains, intercity buses, and route taxis shall incur a fine of four-tenths of a basic unit.

Article 23.4. Disobedience to a lawful order or demand of an official while performing official duties

Disobedience to a lawful order or demand of an official of a state body while performing official duties by a person not subordinate to him in service shall incur a fine ranging from twenty to fifty basic units.

CRIMINAL LIABILITY OF MINORS

(According to the Criminal Code of the Republic of Belarus)

Article 27. Age from which criminal liability arises

1.               A person who has reached the age of sixteen at the time of committing a crime shall be subject to criminal liability, except for cases provided for by this Code.

2.               Persons who have committed acts prohibited by this Code at the age of fourteen to sixteen years shall be subject to criminal liability only for:

·                    murder (Article 139);

·                    causing death by negligence (Article 144);

·                    intentional infliction of grievous bodily harm (Article 147);

·                    intentional infliction of less grievous bodily harm (Article 149);

·                    rape (Article 166);

·                    Violent acts of a sexual nature (Article 167);

·                    Abduction of a person (Article 182);

·                    Theft (Article 205);

·                    Robbery (Article 206);

·                    Mugging (Article 207);

·                    Extortion (Article 208);

·                    Theft of a motor vehicle or a small watercraft (Article 214);

·                    Intentional destruction or damage to property (parts two and three of Article 218);

·                    Hostage-taking (Article 291);

·                    Theft of firearms, ammunition, or explosives (Article 294);

·                    Intentional rendering of a vehicle or transport routes unusable (Article 309)

·                    Theft of narcotic drugs, psychotropic substances, and precursors (Article 327);

·                    Hooliganism (Article 339);

·                    Knowingly false report of danger (Article 340);

·                    Desecration of structures and damage to property (Article 341).

Chapter 15. PUNISHMENT AND ITS IMPOSITION ON PERSONS WHO HAVE COMMITTED CRIMES BEFORE THE AGE OF EIGHTEEN

Article 108. Criminal liability of minors

The criminal liability of a person who has committed a crime before the age of eighteen shall arise in accordance with the provisions of

of this Code, taking into account the rules provided for in this section.

Article 109. Types of Punishments

The following punishments may be applied to a person who has committed a crime before the age of eighteen:

1.               public works;

2.               fine;

3.               deprivation of the right to engage in certain activities;

4.               correctional labor;

5.               arrest;

6.               deprivation of liberty.

Article 115. Deprivation of Liberty

Part 2. For a person who has committed a crime before the age of eighteen, the term of punishment in the form of deprivation of liberty cannot exceed:

·                    for a less serious crime — three years;

·                    for a serious crime — seven years;

·                    for a particularly serious crime — ten years.

Assistant of the Vitebsk Transport Prosecutor
Shevernovskaya V.O.