Article 82. Compulsory Measures of Educational Character

1. A court may impose upon a juvenile the following compulsory measures of an educational character:

a) warning;

b) transfer under supervision of parents or persons substituting for them, or the supervision of a specialised state body;

c) imposition of an obligation to make amends for the damage inflicted;

d) restriction of leisure and establishment of other requirements on the behaviour of a juvenile;

e) placement in a special educational or medical-educational institution for juveniles.

2. Simultaneously several compulsory measures of an educational character may be imposed upon a juvenile.

Article 83. The Content of Compulsory Measures of Educational Influence

1. A warning shall consist of an explanation to a juvenile of the damage inflicted by his act, and the consequences of repeated commission of crimes stipulated by the present Code.

2. Transfer under supervision shall consist of the imposition upon parents or persons substituting for them, or upon a specialised state body, of an obligation to have an educational influence upon a juvenile and supervision of his behaviour.

3. An obligation to make up for the inflicted damage shall be imposed subject to the property status of a given juvenile, and the possession by him of the relevant work skills.

4. Restriction of leisure and establishment of special requirements upon the behaviour of a juvenile may stipulate a prohibition on visiting certain places, on the use of certain forms of leisure, including those associated with the operation of a mechanical transportation vehicle, as well as a restriction on staying outside the home after a certain times of day, and exit to other locations without the permission of the specialised state body. A juvenile may also be subject to requirement to return to an educational institution, to continue or finish education, or to find a job with the help of the specialised state body. This list shall not be comprehensive.

5. Placement in a special educational or medical-educational institution for a period from six months up to two years may be sentenced by a court upon a juvenile who committed a deliberate crime of medium gravity. Staying in the said institutions may be terminated ahead of time due to the reaching by a person of the age of majority, as well as if, on the basis of a report from the specialised state body providing for the correction, a court comes to the conclusion that a given juvenile for his correction does not need the application of this measure.

6. Extension of the stay in a special educational or medical-educational institution for juveniles after the expiration of a period stipulated by the fifth part of this Article shall be permitted only in the case of the necessity for a given juvenile to complete secondary education or professional training, but not longer than until he reaches the age of majority.

7. The procedure and conditions of staying of juveniles in special educational and medical-educational institutions shall be defined by legislation.

Article 84. Conditional Release of Juveniles Ahead of Time from Endurance of Punishment

Conditional release ahead of time from endurance of punishment may be applied to persons convicted and sentenced to deprivation of freedom or correctional labour for the commission of a crime at a minor age after the actual endurance of the following:

a) not less than one third fourth of the term of punishment sentenced by a court for a crime of lesser or medium gravity;

b) not less than a half one third of the term of punishment sentenced by a court for a grave crime;

c) not less than two thirds half of the term sentenced by a court for an especially grave crime not connected with the making an attempt on the life of a man;

d) not less than two thirds of the punishment established by the court for a specially grave crime connected with the making an attempt on the life of a man.

Date: 2014-12-21; view: 916