Car hijacking is theft vehicle without assignment purposes. If the police within ten days can not find a sophisticated car, then the offense retrainates from the hijacking to theft. This will entail more stringent penalties against the hijacker.
Minors for Russian law is a person under 18 years old. A person can be rapidly responsible for the hijacking under Article 166 of the Criminal Code of the Russian Federation from 14 years. Depending on the circumstances, the teenager can count on a significant softening of the sentence, right up to the termination of the criminal case. The following punishment measures can be applied to a minor:
- penalty (from one to fifty thousand rubles);
- mandatory work (for a period of forty to one hundred sixty hours);
- correctional work for a period of up to one year;
- restriction of freedom (from two months to two years);
- imprisonment (for a period of no more than six years).
In a criminal case in hijacking most. an important point Is compensation for damage caused by a crime. The Constitutional Court of Russia indicated that the article for the hijacking does not make compensation for harm The victim. On this instructions, changes in Article 166 of the Criminal Code have not yet been made, but accepted judicial practice Intended.
If the damage to the automotive car is not compensated, the defendant is prescribed a more strict measure of punishment, and on his parents may be entrusted with the obligation to compensate for the material damage.
My child stole the car - how to be and what to do?
In case your own son stole the car, then it is necessary to take the following actions as soon as possible:
If the teenager coited a car near a relative, including his parents, you should know that rodality does not exempt from criminal liability.
The owner of the car can not refuse his statement about the hijacking, in this case it is responsible for the false den.
With the thorough thorough for the first time, by one child without attracting other people and physical violence and the absence of major damage, between the hijacker and his parents are possible reconciliation of the parties With the termination of a criminal case.
The size of particularly large damage in the legislation is not definedIn each particular case, the court, taking into account the circumstances of the case, solves the issue of particularly large damage.
Punishment
A measure of punishment for the hijacking of the car depends on a number of circumstances: whether auto returned whether the material damage was compensated whether the victim had the claims, did the defendant contribute to the disclosure, whether he was repeated in the filed, it got to the path of correction, did the assistance of the investigation and the court assigned Crimes, the reasons for the commission of the hijacking etc.
Judicial practice shows that if the victim has no complaints and the minor defendant sincerely repents in his crime, contributed to the course of the case and did not conceal the true motives of his act, and also first committed a crime it can be punished conditionally. That is, he is assigned a punishment, but a probationary period is provided, in which he should not make other offenses.
If the test period conditions are violated, then a minor is prescribed to a penalty for a new offense and a sentence is added, according to which he was condemned conditionally.
For the hijacking car it is also possible to reconcile the partiesIf the hijacking has not been made by several people by prior arrangement and the absence of violence against the victim, without much harm. If the victim and the defendant succeed, it will be possible to reconcile, the criminal case ceases and the criminal record will not receive.
If the reconciliation of the parties did not take place, the material damage is not compensated, in the victim claim to the defendant, with respect to a minor hijacker the following types of punishment can be appointed:
- the hijacking, perfect by one person, without much harm and the use of violence - a fine or mandatory work;
- the hijacking, perfect by a group of persons, for example, schoolchildren, by prior arrangement - forced work;
- if, as a result of the hijacking, particularly large damage is caused or caused bodily damage not dangerous to life and health; (the degree of bodily injuries establishes forensic examination) - imprisonment;
- if the hijacking is committed with the use of violence, life-threatening and health - imprisonment.
These penalties are approximate, in each particular case, the court, taking into account the personality of the defendant and the circumstances of the criminal case, determines the type and amount of punishment.
Useful video
We offer to watch a video: an episode from the release of news dedicated to the car with minority.
Conclusion
The car's hijacking is theft of vehicle without the purpose of assignment. If you do not return the car for ten days after the hijacking, then the hijack is retracted as theft. With regard to a minor in the Criminal Code, a number of sentences are provided, which can be relaxed taking into account the compensated harm and repentance in a crime.
In the opposite case, he can be appointed imprisonment with serving punishment in a minor colony. Therefore, parents and minor hijackers need to do everything that compensate for the damage to assist the consequence and court, to draw the victim.
Gusel Failure requires a criminal case against the mother who left the baby to evacuators - while she faces a fine of 500 rubles. Federal resonance caused a story about Mom from Kazan, who left the infant in the car in a 37-degree heat. A tightly toned foreign car together with the kid was evacuated on a fine-parking lot. Lawyers interviewed by the newspaper "Business Online" doubt that the case will be transferred to the criminal plane, and call for more carefully check the actions of DPS - at least through windshield In the salon they had to look.
"My baby was stolen! Together with the car! "
Ideally, he must return to the store (or classmates) stolen (or reimburse its cost) and bring their apologies.
It is necessary to give the opportunity to return the thing alone.
It is important that the child not only felt shame, but had a chance to correct his act.
And you should not stick shortcuts: the schoolboy took someone else's, but he is not a thief.
If the offense is repeated repeated repeatedly, this is a serious reason to think about what is happening in his relationship with peers or outside the family.
Important
It is interesting to consider a specific example. Every day, the first grader Vova brought a new toy from school. "Where does it come from?" - Mom asked. - Alyosha gave. On the next day: "Anya gave".
When there were already a lot of similar "gifts" in the house, the thunder rushed. "The guys complain," the teacher said, "that Vova shook in their boxes, climbs into the portfolios.
Hijet car minors
If these actions are made with violence dangerous to life and (or) health or threat to such violence, they may entail a sentence in the form of imprisonment to 12 years (part 4 of Article 166 of the Criminal Code of the Russian Federation).
In the event that the act in one or more parts of this article has implemented a minor, then the punishment will be much softer, since there are features of the appointment of punishments for criminals under the age of 18.
So, significantly narrowed a list of punishments to which a minor can be attracted.
So persons under the age of 18 can be brought to such varieties of punishments as a fine, mandatory and corrective work, deprivation of the right to engage in certain activities, restriction of freedom and imprisonment for a certain period.
8 facts about car thieves habits and how to effectively resist
Sometimes the child begins to steal from the "class" considerations, envying more secured children and seeking to take revenge on "rich".
This is possible, for example, if such "class hatred" is cultivated in his family.
As a rule, parents will soon lose control over the young "Superman."
The child is convinced of his impunity and begins to believe that the laws do not exist for him.
But sooner or fully, he falls into the field of vision of law enforcement agencies.
Attention
Some children steal repeatedly. Among them are those who do not feel either love, nor even sympathy from the people around the people and no longer hopes to ever feel.
They believe that in the eyes of people they have nothing to lose. In this case, the unpretentious theft is a pure win.
If the teenager hijacked the car: the main legal aspects and procedure
Judicial practice shows that if the victim has no complaints and the minor defendant sincerely repents in his crime, contributed to the course of the case and did not conceal the true motives of his act, and also for the first time committed a crime, it can be punished conditionally.
That is, he is assigned a punishment, but a probationary period is provided, in which he should not make other offenses. If the test period conditions are violated, then a minor is prescribed to a penalty for a new offense and a sentence is added, according to which he was condemned conditionally. For the hijacking car, it is also possible to reconcile the parties if the hijacking has not been made by several people by prior arrangement and the absence of violence against the victim, without particularly large damage.
Gai steals. Children
Explain what real friendship is, which forms of self-affirmation are creative and which are self-destructive.
- Patiently and consistently talk with the child about the fact that there are not so many real friends in life: "And the one who wishes you evil and brings you under a criminal offense, can not be called your friend."
- Starting together to study an interesting book called "Criminal Code", and then let the Son (or Daughter) honor him, it is useful not only for general development.
- To join with the child in the search for new friends, new entertainment (self-realization itself through creativity, through overcoming yourself in sports).
Baby Affairs
The question consists only of whether this model needs this model. 2. Thief sees - the thief wants to forget the keys, a phone or bag in the car, the driver himself attracts thieves.
According to statistics, from 40% to 50% of all thefts associated with vehicles occur due to the error of their owners.
Drivers leave cars unlocked, throw the keys in the ignition lock, do not close the windows. This is too big temptation for thieves. In order not to attract trouble, leaving the car, it is better to remove everything valuable: bag, wallet, keys, phone, removable panel with radio tape recorder. 3. The benefit from a protective reinforced film is to smash the window and open the door takes three seconds from the bus. But this task will be much more complicated if the glass is saved by a protective reinforced film. It is persistent to break and can scare away a not very persistent hijacker, or at least very much time will increase the theft. four.
The criminal carelessness or my child was stolen with the car!
So, M.I. Buyanov considers kleptomania as one of the forms of violation of the impulse.
In addition, he speaks of the existence of some "predisposition to theft" (at the genetic level), describing the case with the boy, whose father was a professional thief.
The boy has never seen his father, nevertheless, from early childhood, he was noticed in a tendency to theft of which later managed to cope however, Buyanov believes that cases of true kleptomania are very rare and usually justify the usual theft. V.Ya. Gindikin, like M.I. Buyanov, considers Kleptomania as a rare form of violation of impulse. He binds it to the presence of psychopathy or psychopath-like state.
V.V. Kovalev (1995) does not use the term "kleptomania", but indicates the "habitual resort" as the form of an active protest reaction, which has become a habit.
Baby Affairs: Why does this happen in good families?
At all small child It distinguishes good and bad only thanks to the reaction to his acts of parents, who, above all, the facial expressions and intonation give him to understand what behavior they encourage, and what - no.
It is not by chance that the punishment makes sense to apply only when Kroch is able to understand why he was punished. As mentioned above, a small child is not yet able to understand what property is.
He actively explores the environment environments, meets the world, and everything "belongs to him" in it.
It is the weak development of will and moral representations most often distinguishes vorays 5-7 years.
These children experience a strong desire to get one or another thing, but at the same time they do not even think about the essence and consequences of their act.
They cannot put themselves in the place of "victims", do not represent her feelings. While they will not call them to answer, they often do not even understand what they have committed something reprehensible.
If he sees how adults carry everything from work everything you can take there, the baby considers theft of the usual norm, especially when adults are poured by this with it.
Among the peers, the baby cannot simply "stand out" by honesty when he knows that they steal. He has to be "Vrowning" with them - and this is also the norm. Therefore, you need to know with whom the child is friendly, and to be extremely honest. Usually in adverse families theft of a child is just a lifestyle.
But it may also be a sign or symptom of mental deviation at the kid.
Theft at school age The problem of theft as a child grows complicated. The fact that in early childhood is a random episode, an error, in adolescents - already a conscious step, and even the harmful habit, deviant behavior.
Cases of theft of children from cars
The child will feel sincere desire to understand him, friendly live participation.
The activity of the child needs to be directed "in a peaceful direction", find out what is really interested in (sports, art, collecting some collection, books, photographing, etc.). The earlier it will be done, the better. A man whose life is filled with interesting classes for him, feels happier and necessary.
He does not need to attract attention, he will definitely have at least one friend.
The child must be responsible for someone or something in the family - for the younger brother, for the presence in the house of fresh bread, for watering colors and certainly, starting from 7-8 years, for its own portfolio, table, room, etc. . It is necessary to gradually pass things to him, share responsibility with him.
Who has not yet been 7 years old, in the car one stricter is prohibited. For this, inadequate parents face a fine of 500 to 3000 rubles (minimal can be done if the case is qualified according to claim 1 of Art. 12.23 of the Administrative Code of the Russian Federation "Violation of the passenger movement procedure", and the maximum will have to pay in the case of application of paragraph 3 of Art. 12.23 COAP " Violation of the rules "). But agree that such a three thousand fine, compared to the kid's lies?
I imagine a surprise that goes into the horror, that woman who, parked by the school to take away the eldest son in class, discovered, returning that the vehicle together with the 4-year-old daughter left in it! Later the girl told that in the car on driver's seat I sat down and drove. But after the child is crying, a man stopped and left the car. And the baby remained alone in an unfamiliar place ...
But it happens that people are deprived of cars and children, literally in their own eyes! So, a little more than a year ago, from the parking lot of one of St. Petersburg shopping and entertainment complexes (favorite, we note, the place of "work" of the autoTors) was hijacked toyota. Moreover, it is born literally in front of the owner. The owner of the car, coming together with the six-year-old son from the establishment, noticed that the car was damaged by the right mirror. We sat the boy into the car and began to consider damage. And at this moment, and the steering wheel of the car sat down an unknown and began to leave. The car owner grabbed the door to leaving, but the attacker pushed him away, and disappeared.
And how much is last years There were scandalous stories when the evacuation services were inserted into the stradition of the car, in whose salons were children in the will of non-evil parents? Fortunately, so far in all these "hijacked" and stories managed without victims, and the children were alive and healthy. Another thing is that some of them spent too much time in cars, and who knows how this will affect the mental health of a small man. Meanwhile, in the cases described above, the kids were in a stressful situation no more than ten minutes.
- In the first case, the car that the hijacker threw along with the sobbing child passed no more than ten minutes. In the second, the car with the boy was still faster, "Nikolay Belikov, an expert of Caesar Satellite, told the portal. - Just because cars, fortunately, were equipped with our search engines. After the car owners contacted our operators, we defined the location of the T / C, reported on the alleged area of \u200b\u200btheir location and at the same time they sent our operational groups there. At the same time I want to emphasize that more quickly (and more precisely) there are cars, "armed" so-called -mas and trekking systems.
Among the total number of crimes committed by juvenile, is quite common motor vehicle Without the purpose of theft, namely, hijacking. Most often, the specified offense is carried out by minors from hooligan motivations.
In the article, it will be about criminal responsibility for the hijacking of the car, the person under the age of 18, the order of actions in case you have hijacked the minor or your child committed this crime.
Criminal liability for the hijacking of a car minors
Criminal punishment for this action comes from 14 years of age. However, for minors, punishment is significantly softened.
For a start, consider the sanctions of this article, and then we define what kind of responsibility and in what size can be attracted to a minor.
According to the law, the simple hijacking without qualifying signs under Part 1 of Article 166 of the Criminal Code may entail a sentence:
- penalties of up to 120,000 rubles;
- penalties in the amount of the income of the violator for a period of up to 1 year;
- limitations of freedom for up to 3 years;
- forced labor for up to 5 years;
- arrest up to 6 months;
- imprisonment up to 5 years.
If this offense is committed by a group of persons, there was a fact that violence, or the threats of its use, were not dangerous to human health, then the responsibility follows under Part 2 of Article 166 of the Criminal Code of the Russian Federation:
- penalties in the amount of up to 200,000 rubles;
- penalties in the amount of earnings defendant for the period up to 18 months;
- forced work up to 5 years;
- imprisonment up to 7 years.
If the specified actions are made by the Group organized or led to a particularly large damage, the punishment occurs in the form of imprisonment of up to 10 years (part 3 of Article 166 of the Criminal Code of the Russian Federation).
If these actions are made with violence dangerous to life and (or) health or threat to such violence, they may entail a sentence in the form of imprisonment to 12 years (part 4 of Article 166 of the Criminal Code of the Russian Federation).
In the event that the act in one or more parts of this article has implemented a minor, then the punishment will be much softer, since there are features of the appointment of punishments for criminals under the age of 18.
So, significantly narrowed a list of punishments to which a minor can be attracted. So persons under the age of 18 can be brought to such varieties of punishments as a fine, mandatory and corrective work, deprivation of the right to engage in certain activities, restriction of freedom and imprisonment for a certain period.
The penalty sanction can be applied only if the minor has its own earnings, and imprisonment is appointed to persons who have reached 16 years and within no more than 6 years.
Correctional work for non-generals are applied for a period of no more than 1 year, and mandatory work - from 40 to 160 hours.
Restriction of freedom can be applied for a period from 2 months to 2 years.
Important! Punishment for minors is significantly mitigated compared to the punishment for adults.
On the first part of Article 166 of the Criminal Code of the Russian Federation, a minor can be attracted to a fine (if there is one's own earnings), restricting freedom to 2 years, imprisonment under 5 years. According to the second part - to a fine, imprisonment of up to 6 years, on the third and fourth part - to imprisonment under 6 years.
In practice, the punishment in the form of imprisonment is fitted to minors conditionally.
Procedure for a car hijacking minor
If your child has committed a hijacking of the vehicle and its actions are qualified in the first part of this article, then to protect the child from criminal liability it is necessary to try reconcile with the affected face and reimburse him caused damage. Such reconciliation is possible both at the stage of the investigation, in such a case the criminal case is terminated in connection with reconciliation and at the stage of the trial.
If you have become affected by this crime, you need to contact the police with a statement on the fact of a crime. When the guilty face is installed, you can try to reconcile if a minor or his parents reimbursed the damage caused.
Important! In any case, if this is the first crime of the child, then it is necessary to be more condescending, because in adolescence a lot is mistaken and it is important not to spoil your child.
In this article, we considered the amount of punishment for the hijacking of the vehicle by the face under under the age of 18, the procedure if you had a huge schoolchildren or your child committed this crime.
ATTENTION! In connection with the latest changes in the legislation, the information in the article could endure! Our lawyer will consult you free - write in the form below.
