Juvenile delinquency is one of the most significant and pressing issues facing the entire civilized society.
Juvenile delinquency is one of the most significant and pressing issues facing the entire civilized society.
Juvenile delinquency is characterised by dynamism and a high degree of latency. Individuals who embark on a path of criminal offences at a young age are difficult to reform and re-educate and, as a rule, constitute a reserve for adult criminality. Children are one of the least protected social groups. The area of crime prevention, in the sense of protection from it and safeguarding vulnerable social groups from the "criminal virus", is of paramount importance precisely in relation to minors – children and youth.
Inspections conducted by the prosecutor's offices and analysis of available data indicate that in the district, law enforcement agencies, in cooperation with local executive and administrative bodies, the commission for juvenile affairs, education authorities, healthcare bodies, employment services, and other institutions and organisations, are carrying out specific work to prevent neglect, offences, and other anti-social actions by minors and youth, to identify and eliminate their causes and conditions, and to protect children's rights.
However, statistical data for 2018 indicate the existence of problems in the sphere of prevention of offences and crimes committed by minors.
In 2018, minors committed 5 offences in the district, which is 1 offence more than in 2017. The share of these offences in the overall crime structure was 3.1% compared to the regional average of 2.5%.
In the structure of juvenile delinquency, property-related offences remain the primary types of unlawful encroachments: 4 property thefts, including 4 burglaries, and 1 act of hooliganism.
2 teenagers were involved in committing offences.
Out of the 2 participants in the commission of offences, 2 were studying at the educational institution "Lepel State Agricultural Technical College".
No group offences were committed by minors in 2018.
1 minor committed 4 offences.
Juvenile crimes were committed within the territory of Lepel town – 1, and Volosovichsky rural council – 4.
At the same time, it should be noted that all juvenile crimes were committed in the 1st quarter of 2018. The measures taken by prevention entities, including those resulting from the review of prosecutorial supervision acts, helped to stabilise the crime situation, and effectively no crimes were committed during the 2nd-4th quarters of 2018.
Not all state bodies and prevention entities paid due attention to the issues of preventing crimes and offences among minors and to the enforcement of legislation concerning minors.
The main types of offences committed by minors in the district are still those stipulated by Art. 17.3 of the Code of the Republic of Belarus on Administrative Offences (drinking alcoholic, low-alcohol beverages or beer in a public place, or appearing in a public place in a state of intoxication) – 47 (2017 – 45), which accounts for more than half of all offences.
The majority of minors who committed an administrative offence stipulated by Art. 17.3 of the Code of the Republic of Belarus on Administrative Offences are students of the Educational Institution "Lepel State Agrotechnical College".
Thus, the above-mentioned quantitative indicators of crimes and offences committed by adolescents indicate shortcomings in the preventive activities of the Educational Institution "Lepel State Agrotechnical College".
It should also be noted that 4 out of 5 crimes were committed at night between 24:00 and 06:00, and the majority of offences by minors are committed between 18:00 and 24:00 (for Art. 17.3 of the Code of Administrative Offences – all of them). This situation requires close attention to the engagement of minors in the evening and their unsupervised presence at night.
The work of the Lepel District Department of Internal Affairs (ROVD) aimed at preventing offenses and crimes among minors cannot be considered satisfactory. The identification of a larger number of minors who have committed offenses under Article 17.3 of the Code of Administrative Offences (KoAP) indicates a low level of preventive and explanatory work among adolescents and their parents. Furthermore, despite the fact that most retail outlets are equipped with video surveillance systems, only 6 instances of selling alcoholic beverages and beer to minors were identified in 2018. Under Article 17.4 of the KoAP (involvement of a minor in antisocial behaviour), 24 individuals were prosecuted.
In 2018, the district prosecutor's office conducted 5 inspections of compliance with legislation on minors and youth, including on the prevention of neglect and offenses, crimes among minors, and the protection of the rights of children and youth. Based on the results of the inspections, 5 submissions were made, 6 orders were issued, 3 protests were filed, and 12 individuals were brought to disciplinary action.
Prosecutor's office employees delivered 41 lectures, speeches, and preventive talks in educational institutions of the city, explaining to minors and their legal representatives the responsibility for unlawful behaviour, and made 5 appearances in the media.
During the inspections, violations of legislative requirements were identified. In particular, during the supervision of the enforcement of legislation on the prevention of neglect and offenses of minors, the district prosecutor's office identified legislative violations in the activities of the Educational Institution "Lepel State Agrarian-Technical College" and in the Juvenile Affairs Inspectorate of the Lepel ROVD. Numerous legislative violations were established during the inspection.
The work of the coordination council for the implementation of the requirements of Decree No. 18 does not fully meet the requirements of the current legislation. An analysis of the council's meeting minutes indicates that the issues submitted for discussion are considered at a sufficient level, with the involvement of interested bodies, and the texts of speeches by invited representatives of interested bodies and organizations are attached to the minutes. When making decisions, the coordination council issues assignments and instructions to specific executors, and provides a deadline for informing the council about the work done.
At the same time, the coordination council does not always ensure proper coordination of the activities of bodies and organisations in implementing Decree No. 18 regarding the organisation of work with obligated persons.
For instance, citizen P., born on 23.02.1973, resides in the district. On 07.02.2017, she ceased to stay at the therapeutic and preventive facility (TPF) and was taken to the Lepel District Department of Internal Affairs (DDI) by TPF staff, where she was registered. On 28.02.2017, she was issued a conclusion by the Clinical Diagnostic Commission (CDC) stating that she had no diseases that would prevent parents from fulfilling their parental duties. She is a Group 3 disabled person indefinitely. To date, the issue of citizen P.'s employment has not been resolved, and deductions are made from her disability pension. The Lepel DDI has repeatedly sent this information to the Head of the Department of Employment, Social Protection and Social Security of the Lepel District Executive Committee (on 26.04.2017, 19.05.2017, 27.07.2017, 27.12.2017). This information was also sent for reference on 19.05.2017 and 27.12.2017 to the Chairperson of the Coordination Council. The Department of Employment, Social Protection and Social Security of the Lepel District Executive Committee was informed that citizen P.'s employment is problematic due to health-related work restrictions. Despite the aforementioned facts and the existing problem (low amount of funds reimbursed by her, leading to an increase in debt for the expenses of her daughter's upkeep), the issue of citizen P.'s employment potential was not considered by the Coordination Council in either 2017 or 2018. Furthermore, despite the aforementioned facts, at the Coordination Council meeting on 29.03.2018, the Deputy Head of the Department of Employment, Social Protection and Social Security provided false information, stating that 9 obligated persons were employed in 2017, which constituted 100% of those in need of employment.
The District Prosecutor's Office continuously monitors the implementation of the Decree of the President of the Republic of Belarus of 24.11.2006 No. 18 "On Additional Measures for State Protection of Children in Adverse Families" (hereinafter referred to as Decree No. 18), and periodic inspections are carried out in this regard.
An inspection of the enforcement of legislation concerning the safety of the educational process and the readiness of educational institutions for the academic year revealed a number of violations. As a result of the identified violations, a representation was made to the Lepel District Executive Committee, and based on its consideration, the responsible persons were brought to disciplinary action.
Prosecutor of Lepel District
Junior Justice Counsellor
V.M. Zhigimont