Children are the flowers of life, but they can turn out to be cacti. Childhood and adolescence are considered the most carefree time, and adolescents themselves arrogantly believe that the law is on their side. The law cannot be on any side, because it is the Law, and it is severe. Children who have committed crimes do not necessarily bear fair criminal responsibility, most likely they will be brought under Art. 90 of the Criminal Code. It is this milder type of punishment that is most often applied to young offenders.
Slippery track
A sense of impunity and inclusive parental protection sometimes gives rise to a desire to abuse freedom. Young people very widely understand the word “freedom”; they lack moral, moral, or legal education. These people tell everyone about their rights, completely forgetting that along with rights there are always obligations, and with them there is also responsibility.
The elementary neglect of school education and the acceptance of the fact that adulthood is not permissiveness pushes minors to crimes of varying severity.
It is equally dangerous to think that a completely random fight will save the stumbler. Carelessness does not relieve a person of responsibility. The law is a faceless and indifferent systematic system of norms.
Children who have committed a minor offense may be held criminally liable. However, Art. 90 of the Criminal Code. She will not relieve the teenager of responsibility, but will give a new chance for a normal life. The court can apply this article only if it is sure that educational measures will act and correct the person.
Compulsory education
Art. 90 of the Criminal Code is responsible for coercive educational measures. This is not forced labor, as many people think. This is what can truly save a child’s life. The fact is that the application of such an article does not at all entail criminal convictions, which means that it will save many problems and will especially help when applying for a job.
Do not think that criminal convictions are nothing special. It entails problems with employment, education, travel abroad and, in particular, emigration. The reality is that a person with a criminal record has many limitations. Much more than any law-abiding citizen.
Forced education is a special measure of influence. She is never appointed for nothing. The court takes into account everything. Characteristics from an educational institution, reviews of colleagues, lack of drives to police departments, hobbies, character, personality and even religion - all this has weight in the trial. Art. 90 of the Criminal Code - this is what you should hope for if the minor committed a mild or moderate crime.
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Educational measures are different. Most importantly, they do not consist in physical methods of punishment. The court will not appoint systematic punches of a belt or rods to a minor. Undoubtedly, many parents favor this approach. However, if the crime is serious enough, the court may well not be limited to one measure. He is able to appoint several at once. The list of compulsory educational measures includes the following:
- a warning;
- transferring a person under parental supervision or to a government agency;
- conferring on a person the obligation to fully compensate for the damage caused;
- introduction of measures to limit the leisure of a minor and toughening the requirements for the behavior of a person in an educational institution.
The above list is by no means exhaustive. This means that it can be expanded, the main thing is that this does not contradict our legislation.
Comments on the article
Almost any article in any of the codes from the Federal Law has comments. Most often, this is the explanation of professional lawyers. They help citizens understand the essence of the article itself. To see the saving advantages in the text or, on the contrary, to lose hope.
Art. 90 of the Criminal Code of the Russian Federation with comments can be found in the convenient legal reference system “Consultant” or in the similar system “Guarantor”. This is a short article. In order to understand it, reading additional materials is not required, because the language of the legislator in this case does not try to confuse citizens. However, comments should still help parents of a minor or law students.
To whom is it permissible to apply Art. 90
The use of coercive measures of educational influence is allowed exclusively in relation to those citizens who are under 18 years of age. It is worth paying attention that the status of a minor citizen must be maintained until the appointment of these measures. If a citizen committed a crime as a minor, but he was already 18 in court, this article cannot be applied.
State educator
Education is the most important process in our lives. It is he who determines what kind of person this or that child will become. They should not be neglected, even if a minor citizen unknowingly or through negligence violated the law. The state takes care of us and can provide a teenager with a tutor. This is a juvenile inspector.
An inspector is not an overseer. If you look from the side of minor citizens, then the inspector is an evil person. However, as you understand, this is not at all true. The state is not interested in increasing the number of criminals or non-socialized offenders. It is obliged to take care of its citizens and educate them. If a person does not accept and do not respect the law, then the state is obliged to help him change his point of view.
An inspector is not just a police officer, he is a professional. He has either a higher pedagogical or legal education. And in some cases there is both.
Duties of the IPDN
The juvenile inspector has his legal duties, beyond which he has no right to go. If he allows this, then the actions of the IPDN can be appealed. The duties of the inspector include:
- Work for preventive purposes.
- Communication with minors, exclusively within a certain territory.
- Help for those who have already served their sentences.
- Informational support for the parents of a minor who has committed a crime.
True compulsory education
Minors are a special category of people. In adolescence, it is difficult for them to perceive objective reality. Many of them behave inappropriately, but within completely different frames. Particularly important may negatively perceive the measures taken against them. Not everyone can understand that in this situation it is best to monitor behavior, as well as realize that criminal criminal record would ruin their life in general.
It is customary to place such persons in special educational institutions of a closed type. However, this happens only on the basis of a special conclusion of a special medical and psychological examination, with the consent of the person and his parents or official legal guardians.
This is an exceptional measure. She is the heaviest under Art. 90. Its use is practically never unreasonable, and adolescents who have fallen into these institutions rarely manage to re-educate.