Dad can't: handing over control of the vehicle to a child threatens a criminal case
Investigative authorities have begun to initiate criminal proceedings against parents of children and teenagers who were involved in accidents on pit bikes and other motorcycles. At the same time, the Investigative Committee of the Russian Federation proposes to strengthen responsibility under the relevant article of the Criminal Code. Lawyers and experts are ambivalent about this initiative. Details can be found in the Izvestia article.
Dangerous engagements
The Investigative Committee of the Russian Federation (IC RF) intends to strengthen responsibility against adults who in one way or another involve children and adolescents in activities that threaten their lives. This was stated by the Chairman of the Investigative Committee of the Russian Federation Alexander Bastrykin during a meeting on the investigation of incidents with children during the summer holidays.
"Currently, the agency has made proposals to tighten criminal liability for involving a minor in acts that pose a danger to his life," he said.
The press service of the Investigative Committee has not yet specified exactly how it is planned to tighten responsibility for these acts. However, it is noted that they include the involvement of children and adolescents in hooking (riding on roofs and other external structural elements of trains), rufing (illegal entry onto the roofs of high-rise buildings), stalking (visiting unfinished and abandoned buildings and enterprises). Also, the transfer of control of a pit bike, ATV, moped, car or other vehicle to a child is considered involvement in actions that pose a danger to his life, the press service of the Investigative Committee of the Russian Federation clarified.
These actions are qualified under Article 151.2 of the Criminal Code of the Russian Federation ("Involving a minor in acts that pose a danger to the life of a minor"), for which liability ranges from a fine of 50-80 thousand rubles to correctional or forced labor for up to a year. It is these sanctions that the Investigative Committee plans to review.
Sit down for the transfer
Recently, investigative authorities have begun to initiate criminal cases under this article against parents whose children were involved in an accident on a motor vehicle. Just the day before, such a case was initiated in the Astrakhan region against a 43-year-old resident of the village of Verkhny Baskunchak, who, according to investigators, "realizing that his minor son did not have a driver's license and driving skills, gave him a moped for use." The teenager drove it into the oncoming lane and collided with a car, suffering serious injuries as a result of the accident.
At the end of August in Chelyabinsk, a minor pit bike driver knocked down another boy in the courtyard of his house, after which he fled the scene. The investigative authorities have also opened a criminal case on this fact under Part 1 of Article 151.2 of the Criminal Code of the Russian Federation. "Currently, UK investigators are establishing all the circumstances of the incident, as well as the persons who allowed the culprit to drive sports equipment along public roads. A set of necessary investigative and procedural actions is being carried out," the ministry said in a statement.
In July, a similar incident involving a motorcycle driven by a teenager occurred in the Orel region. A criminal case was also initiated here under Part 1 of Article 151.2 of the Criminal Code of the Russian Federation. So far, investigations are underway in all these cases, but there are already examples where parents who allowed their minor child to travel by vehicle have been brought to criminal responsibility.
So, last summer in the Krasnodar Territory, the Ust-Labinsk Magistrate's Court sentenced to six months of correctional labor with deduction of 15% of earnings to the state income a resident of one of the villages of Kuban, who gave his son a pit bike for his birthday. Just a few days after his 12th birthday, the child got into an accident on this "gift" and was seriously injured.
"Losing a child is the worst punishment"
According to the Scientific Center for Road Safety (NC BDD) The Ministry of Internal Affairs of the Russian Federation, in the first half of the year, 1,197 accidents involving child drivers of vehicles occurred in Russia (+13.5% compared to the same period last year), in which 31 minors died (+6.9%) and 1,183 children were injured. Approximately 2/3 of such incidents (914 accidents) are related to motorcycle driving, of which in 288 cases children rode pitbikes, which are generally prohibited from driving on public roads. In 43 accidents, they were driving ATVs.
The logic of the Investigative Committee's initiative to increase liability under Article 151.2 of the Criminal Code of the Russian Federation is clear and understandable, said Sergei Radko, a lawyer for the Freedom of Choice movement. The problem with children driving vehicles, as well as with hooks, is very difficult, he notes. However, the lawyer doubts that the proposed measures will radically change the situation.
— It is possible that one of the adults will change his mind about buying the same pit bike for a child, knowing that criminal liability may be threatened for this. But, most likely, there will be a few of them. On the other hand, these proposals cannot be called useless either: even if they allow at least one child to be saved from death or injury, it means that they have an effect," he told Izvestia.
The vast majority of citizens, having no legal education, do not even suspect the existence of such an article in the Criminal Code, and even more so that it can be punished for transferring control of a moped, pit bike or car to a child, says Maxim Kadakov, editor-in-chief of Za Rulem magazine. In his opinion, the effect of the planned tightening of responsibility for can be achieved only if, simultaneously with the adoption of new sanctions, a broad public awareness campaign is carried out.
At the same time, the expert emphasizes, criminal prosecution for transferring control of a vehicle to a minor is possible only after an accident has already occurred.
— Such incidents rarely end without serious consequences. For parents, the loss of their own child or severe injuries is worse than any fine or prison term. This is the most terrible punishment," Maxim Kadakov said.
"Why pick up an axe right away"
Bringing to criminal responsibility adults who handed over control of equipment to a child or left the keys to it in a place accessible to him is an attempt to fight not the cause, but the effect, says Valery Soldunov, a member of the Civic Chamber of the Russian Federation, chairman of the All—Russian Society of Motorists.
— This is, in fact, "chopping off tails", not heads. The problem of transportation under the control of minors can be eliminated only by active propaganda and explanatory work in this direction, he is sure.
The existing measures of responsibility, both administrative and criminal, are quite sufficient, says Igor Morzharetto, a member of the presidium of the Public Council under the Ministry of Internal Affairs of the Russian Federation. It is necessary to ensure that they are used en masse, he believes.
— I am always very cautious about proposals to strengthen and tighten something. The legislation provides for a fine of 30 thousand rubles for transferring control of a vehicle to a person who does not have such a right. This is a serious enough punishment, and it is necessary to use this leverage more actively. Why pick up an axe right away when you can make do with rods? — Igor Morzharetto told Izvestia.
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