«In defense of teenagers, in defense against teenagers»

What to do if a teenager is constantly hooliganizing, fighting, drinking alcohol, shoplifting, 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 norms 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 development lag, not related to a mental disorder (illness), at the time of committing a socially dangerous act, he was unable to understand the factual 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 in a state of intoxication, or engaging in prostitution, or knowingly false report, or driving a vehicle while intoxicated, or driving a vehicle without a license and after

individual preventive work, has been brought again to administrative responsibility for committing one of the administrative offenses specified in this paragraph, and he has developed an unwillingness to lead a law-abiding lifestyle

   3) within a year, the minor has committed the above-mentioned acts containing signs of administrative offenses three times, but by the time of committing such acts has not reached the age from which administrative responsibility arises, and after conducting individual preventive work has again committed one of the specified acts and has developed an unwillingness to lead a law-abiding lifestyle, ―

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 compulsorily).

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

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, in

regarding whom the issue of placement in a special institution is raised, and their legal representatives, representatives of the commission for juvenile affairs, internal affairs bodies, representatives of the guardianship and trusteeship 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 exceeding 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.

Prosecutor of the Department for Supervision
over the Legality of Judicial
Decisions in Civil Cases    Daria Butsenko