Some problems of bringing minors to criminal responsibility for vehicle theft

Mazhinsky Roman

The purpose of this article is to identify the problems of qualification of the objective side of crimes containing signs of vehicle theft committed by minors in relation to vehicles belonging to their parents. As a result of the study, the author makes the assumption that, in fact, the impunity of minors for this act increases the number and recidivism of thefts committed by adolescents. The author seeks to bridge the gaps of legal regulation and compares two of the offences provided for by article 166 of the criminal code and article 330 of the criminal code, trying thus to draw attention to the fact that the similarity described these articles acts, with certain modifications of the standards will prosecute minors who decided to "just ride" on a family car despite the prohibitions established by the law and parents. The author concludes that it is necessary to repeal rules that are currently set and makes impossible the application of article 166 of the criminal code, in connection with the fact that the unauthorized use of a vehicle by family members of the owner or his close ones or people who used it previously or continue to use does not form part of the crime. The author proposes to consider the legislator the possibility to use article 330 of the criminal code for the purposes of the application of criminal penalties to minors if the sign of the objective side of the offence of article 166 of the criminal code, is an obstacle to the criminal prosecution of a teenager for joyriding parents and close relatives.

Keywords:illegal possession of a vehicle; theft; arbitrariness; traffic police; objective side of the crime; direct intent.