An aggravating circumstance will be the involvement of a minor in the commission of a crime by an adult, provided the adult had prior knowledge of the minor’s participation. Liability for all relevant crimes will be determined in accordance with the Criminal Code.
The proposed amendments were submitted for consideration at today’s Bureau session and will be reviewed expeditiously.
According to the draft, when these aggravating circumstances are present, the prison sentence imposed must exceed the minimum term specified in the Criminal Code for the committed crime by at least one year.
If the minor involved is under 14 years of age, the sentence must be no less than two-thirds of the maximum term prescribed for the crime and must also exceed the minimum term by at least one year.
The draft further clarifies that this sentencing rule will not apply if a plea bargain has been reached between the parties or if there are grounds for imposing a suspended sentence.
“In practice, cases have arisen where minors are intentionally involved in criminal or illegal activities, often allowing adults to evade responsibility. While introducing a liberal and humane juvenile justice system is important, it carries the risk that criminal elements may exploit minors—an inexperienced and vulnerable segment of society—for unlawful purposes,” the draft project states.