Features of criminal liability of minors
A state that does not pay attention to the moral and physical health of the younger generation has no prospects. The state's care for it has been and remains the most important part of the state policy of all authorities. In Section 5 "Features of criminal liability of persons who have committed crimes under the age of eighteen" of the new Criminal Code, issues related to the criminal liability of minors have received independent legal regulation. Some scattered provisions concerning the criminal liability of minors, enshrined in the Criminal Code of 1960, did not meet the requirements for ensuring a unified criminal law policy pursued in relation to minors in accordance with the United Nations Convention "On the Rights of the Child", ratified by the Republic of Belarus on July 28, 1990, and the Law of the Republic of Belarus "On the Rights of the Child" of November 19, 1993.
In addition, it was necessary to consolidate the peculiarities of the liability of the said persons, which follows from the provision of the Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, approved by UN General Assembly resolution of November 29, 1985), according to which a minor within the existing legal system can be held liable in a form that differs from the form of liability applicable to an adult.
Section 5, consisting of Chapters 15 and 16, concentrates the norms regulating the peculiarities of minors' liability, including punishment, its imposition, as well as their exemption from criminal liability and punishment.
Thus, a person who has reached the age of sixteen at the time of committing the crime is subject to criminal liability, except for cases provided for by the Criminal Code of the Republic of Belarus.
Community service is assigned to a convicted person who has reached the age of 16.as of the date of the sentence, for a period of 30 to 180 hours and consist in performing, in their free time from studies or main work, tasks that are feasible for such a person. The duration of this type of punishment for minors cannot exceed 3 hours per day and 3 days per week.
The punishment in the form of community service is carried out by penal inspection bodies at the place of residence of the convicted persons at facilities determined by local executive and administrative bodies in agreement with the penal inspection bodies (hereinafter referred to as PI). This category of convicted persons is involved in serving the sentence no later than 15 days from the date of receipt by the PI of the relevant court order with a copy of the sentence (decision, ruling).
For violation by the convicted person of the procedure and conditions for serving the punishment in the form of community service, the PI officially warns them of responsibility in accordance with the legislation of the Republic of Belarus. In case of malicious evasion of serving the sentence, convicted persons are brought to criminal responsibility. A convicted person who maliciously evades serving the punishment in the form of community service is recognized as:
- not reporting for community service without valid reasons more than 2 times after a warning during the serving of this punishment;
- having committed more than 2 times after a warning during the serving of this punishment other violations of labor discipline while performing community service;
- having absconded with the aim of evading serving the sentence.
A person sentenced to a fine must pay the fine within 30 days from the date the court sentence enters into legal force.
If the convicted person does not have the opportunity to pay the fine at once, the court, upon the petition of the convicted person and the conclusion of the bailiff, may postpone or grant installments for the payment of the fine.
In case of non-payment of the fine by the convicted person, the recovery is carried out by the bailiff by force, including by seizing the property of the convicted person. The recovery of the fine cannot be levied on property,specified in the List of property not subject to confiscation by court verdict.
If the convicted person fails to pay the fine and it is impossible to enforce its collection due to the lack of necessary funds and property of the convicted person, the bailiff submits a petition to the court to replace the fine with community service in accordance with Part 3 of Article 50 of the Criminal Code of the Republic of Belarus. In case of replacement of the fine with community service, it is carried out in the manner prescribed by this Code.
If the convicted person fails to pay the fine within the established period without valid reasons and evades its payment, while having the real possibility of serving this punishment, the bailiff officially warns the convicted person about the inadmissibility of such behavior, which is noted in the enforcement documents.
If, after an official warning, the convicted person continues to evade payment of the fine while having the possibility to pay it, the bailiff sends a petition to the court to bring the convicted person to criminal responsibility.
Deprivation of the right to engage in certain activities is imposed on a person who has reached the age of 16 by the date of the verdict, for a period of 1 to 3 years.
Officials who fail to execute a court verdict that has entered into legal force on the deprivation of the right to hold certain positions or engage in certain activities, as well as convicted persons who evade the execution of the verdict, bear responsibility in the manner established by the legislation of the Republic of Belarus.
Correctional labor is imposed on a person who has reached the age of 16 by the date of the verdict, for a period of 2 months to 1 year.
From the earnings of a person sentenced to correctional labor, deductions are made to the state revenue in the amount established by the court verdict, ranging from 5 to 15 percent.
The correctional inspection departments keep records of convicted persons, explain the procedure and conditions for serving the sentence, monitor the compliance with the conditions for serving the sentence by convicted persons and the fulfillment of the court's directives by the administration of organizations where convicted persons work, and monitor the correctness and timeliness of deductions from wagespayments of convicted persons and the transfer of deducted amounts to the relevant budget,
conduct educational work with convicted persons, monitor the behavior
of convicted persons, and, if necessary, refer them to state employment services
for employment, etc.
The behavior of such convicted persons who have not reached the age of 18
is also monitored by the juvenile inspection.
Violations of the order and conditions of serving correctional labor by convicted persons
include:
- failure to report to work without valid reasons within 15 days from the date of
dismissal from the previous place of work, or evasion of registration with state employment services
within 15 days, as well as refusal of offered work without valid reasons;
- failure to appear at the correctional labor inspection (UII) without valid reasons;
- absence from work or appearing at work while intoxicated, under the influence of drugs or
toxic substances;
For violation of the order and conditions of serving the sentence by a convicted person, the UII may apply the following disciplinary measures to him:
- reprimand;
- requiring the convicted person to report for registration at the UII at least 2 times a month for a period of up to 3 months;
- simultaneously with the imposition of a disciplinary measure, the UII issues an official warning to the convicted person about criminal liability for malicious evasion of serving a sentence in the form of correctional labor;
- a convicted person who maliciously evades serving a sentence in the form of correctional labor is recognized as a convicted person who continues to violate the order and conditions of serving the sentence after being issued an official warning, as well as a convicted person who has absconded from their place of residence to evade serving the sentence;
- a convicted person who has absconded from their place of residence and whose whereabouts are unknown is declared wanted and may be detained with the prosecutor's sanction for up to 30 days.
Arrest is imposed on a male person who has reached the age of 16 by the date of the verdict, and is set for a period of 15 days to 3 months.
Convicted persons sentenced to arrest serve their sentences at the place of conviction in detention centers,located in the district closest to their permanent place of residence.
Minors sentenced to arrest are granted short-term visits once a month for up to 4 hours with close relatives or persons replacing parents.
Those sentenced to arrest are entitled to a daily walk of at least 1 hour, and minors sentenced to arrest – at least 1.5 hours.
A person who commits a crime for the first time at the age of under 18, which does not pose a significant public danger (intentional crimes and crimes committed through negligence for which the law provides for imprisonment for a term not exceeding 2 years or a milder punishment) shall not be sentenced to imprisonment. The law establishes that for a crime committed by a person under 18 years of age that is less serious or serious, the term of imprisonment imposed cannot exceed 3 and 7 years, respectively, and for an especially serious crime – 10 years.
If, during the court proceedings, it is established that the correction of a minor who has committed a crime that does not pose a significant public danger, or who has committed a less serious crime for the first time, is possible without the application of criminal punishment, the court may issue a guilty verdict and impose coercive educational measures instead of punishment.
In accordance with the first part of this article, the court may impose the following coercive educational measures:
A warning, i.e., explaining to the minor the consequences of committing crimes again.
Imposing an obligation to apologize to the victim publicly or in another form determined by the court.
Imposing an obligation on a minor who has reached the age of 16 by the date of the verdict to compensate for the damage caused with their own funds or eliminate it through their own labor, provided that the minor has an independent income and the amount of damage does not exceed their average monthly earnings (income). In other cases, compensation for damage is made in the mannercivil procedure
Restriction of leisure, consisting in imposing on a minor for a period established by the court (from 1 to 6 months) the obligation to observe a certain order of using time free from study and work, associated with the observance of certain prohibitions established by the court.
Placement of a minor for a period of up to two years, but not exceeding the age of 18, in a special educational or medical and educational institution.
A person who has committed a crime for the first time at the age of under 18, which does not pose a great public danger, may be exempted by the court from criminal liability by transferring them under the supervision of parents or persons replacing them, at their request, if, by the nature of the committed crime, personal data and other circumstances of the case, the correction of the minor is possible without bringing them to criminal liability.
Transfer of a minor who has committed a crime under the supervision of parents or persons replacing them is allowed on the condition of their depositing bail.
A person sentenced to deprivation of the right to engage in certain activities, correctional labor, arrest, or deprivation of liberty for a crime committed at the age of under 18, may be subject to parole, but only if they demonstrate exemplary behavior and a conscientious attitude towards work and study, proving their correction.
In the event that a person to whom parole has been applied commits an intentional crime, as well as a negligent crime for which they are sentenced to imprisonment, within the unserved part of the sentence, the court shall impose a sentence on them based on the totality of the sentences.
For a person sentenced to correctional labor, arrest, or deprivation of liberty for a crime committed at the age of under 18, the unserved part of the sentence may be replaced by a milder punishment, if they have firmly embarked on the path of correction through exemplary behavior and a conscientious attitude towards work and study.
A person who has committed a crime at the age of under 18 and has served a sentence of
public works, a fine, disqualification from engaging in a certain activity, correctional labor, arrest, or imprisonment for a crime committed through negligence, shall be considered as having no criminal record.
Deputy
Prosecutor of Vitebsk Transport
Sashcheko M.A.