Involvement of minors in committing crimes: innovations in foreign criminal legislation

Abstract

This work examines the changes in the criminal legislation of some foreign countries over the period from 2017 to 2024. The innovations cover independent elements of crimes that establish responsibility for involvement minors in the committing crimes. Familiarization with changes in foreign legislation allows us to evaluate the nature of the «involvement» construct and its content from a different perspective. The provisions of foreign legislation are also considered in relation to Article 150 of the Criminal Code of the Russian Federation. In addition, the author describes the prerequisites for the emergence of legislative initiatives in the field under study. The legislation of some foreign countries does not allow for the prosecution of adults who involve minors in committing crimes. The problem is related to the limited legal provisions on human trafficking, according to which these actions are qualified. The author suggests calling this approach the «Palermo model», in accordance with the protocol of the same name of an international legal nature in the context of combating human trafficking. The inconsistency of this approach and the prospects for the formation of independent models of protection of minors from involvement in the commission of crimes are stated. In conclusion, the author cites the advantages and disadvantages of the considered examples of legal regulation, promising experience and the problem of insufficient interstate cooperation on child protection in the field under study.