In defense of teenagers

What to do if a minor constantly commits hooliganism, gets into fights, drinks alcohol, shoplifts, or, even more so, has committed a socially dangerous act, but has not reached the age of criminal responsibility, and preventive measures have no effect on him? The answer is contained in the provisions of the Law of the Republic of Belarus "On the Fundamentals of the System for the Prevention of Neglect and Offenses of Minors".

In cases where:

1) a decision has been made regarding a minor to refuse to initiate a criminal case or to terminate criminal proceedings due to not reaching the age of criminal responsibility, or if, due to mental underdevelopment not related to a mental disorder (illness), at the time of committing a socially dangerous act, he was unable to realize the actual nature or social danger of his act;

2) within a year, a minor has been brought to administrative responsibility three times for intentional infliction of bodily harm, or petty theft, or intentional destruction or damage of property, or petty hooliganism, or drinking alcoholic, low-alcohol beverages or beer in a public place or appearing in a public place or at work while intoxicated, or engaging in prostitution, or knowingly false reporting,

or driving a vehicle while intoxicated, or driving a vehicle without a license, and after individual preventive work has been carried out, is again brought to administrative responsibility for committing one of the administrative offenses indicated in this paragraph, and an unwillingness to lead a law-abiding lifestyle has been formed in him

3) within a year, the minor has committed the above-mentioned acts containing signs of administrative offenses three times, but has not reached the age at which administrative responsibility occurs by the time of committing such acts, and after individual preventive work has been carried out, has again committed one of the indicated acts, and an unwillingness to lead a law-abiding lifestyle has been formed in him, —

the commission for minors may decide on the issue of placing such a minor in a special educational institution or a special medical and educational institution (the type of institution is determined by a medical commission, which the minor undergoes on a mandatory basis).

This measure is applicable to a minor who has reached the age of 11.

The commission for minors prepares documents and sends an application to the court at the minor's place of residence for placement in a special institution.

The court considers the case with the mandatory participation of the minor, regarding whom the issue is being raised

regarding placement in a special institution, and their legal representatives, representatives of the commission on juvenile affairs, internal affairs bodies, representatives of the guardianship and custody authority. The prosecutor must participate in the consideration of cases of the specified category.

Before making a decision, the court hears the positions of all parties involved in the case, and also thoroughly examines the materials confirming the necessity of placing a minor in a special institution.

The court also establishes the period of stay of the minor in the special institution – up to two years, but not longer than until the minor reaches the age of eighteen.

For your information. In 2015, courts of the Vitebsk region considered 22 cases on the placement of minors in special institutions.

Daria Butsenko, Prosecutor of the Department for Supervision of the Legality of Court Decisions in Civil Cases