Criminal liability of minors: main provisions and peculiarities

Adolescents under the age of 18 have an unsettled worldview and, as a result, a very mobile system of moral values. Due to age-related reasons, juvenile representations of law and morality are so far only at the verbal level and are not automatic regulators of the behavior of a young person. Meanwhile, attention to the younger generation is now in need of a sharp increase, especially in terms of the prevention of violations and conflicts, which in some regions acquire frighteningly acute forms. Therefore objectively, the responsibility of minors for criminal offenses is simply necessary. Today, the number of informal youth movements that are aggressive towards certain groups of citizens (in particular, nationalism) is growing at a rapid pace. No less deplorable is the picture of crimes committed by adolescents with selfish intentions, such as theft, robbery, robbery.

Our state renders special protection to those who have not yet reached their 18th birthday, however, in spite of this, the criminal responsibility of minors, according to the Criminal Code (from 1996), comes already when young people reach the 14th anniversary. Due to the peculiarities of the psychology of the people of minors, a separate section was introduced into the normative document, namely Chapter 14 (articles 87 to 96). The need for special rules and regulations for juvenile offenders is directly derived from the principles of humanism and justice.

Features of criminal liability and punishment of minors

From chapter 87 we see that minors in our country are those who have already turned 14 by the time the illegal act was committed. Adults, however, are young people, starting from the age of 18 - criminals of this age group are already responsible for their actions "in an adult way." And adolescents who have broken the law before the age of 14 do not answer the law for what they did.

Any juvenile offender, before he is sentenced to a particular punishment, must undergo mandatory forensic psychological and psychiatric examination. This is a very complex complex study that requires doctors to use both general medical and special psychological knowledge (social psychology, patopsychology of adolescents and children). Taking into account the conclusion, which is drawn up on the basis of the results of such an examination, the question is whether the minor will appear before the court, whether he suffered from a mental disorder at the time of the crime of the law, or he is generally incompetent. In the latter case, the adolescent will most likely be referred to a psychiatric facility.

Criminal liability of minors: special circumstances

During the investigation, as well as the trial of a criminal offense committed by a person to a minor, special attention is paid to clarifying such circumstances as:

• The age of the offender;
• The conditions of his life;
• Conditions of upbringing;
• Reasons and conditions that contributed to the commission of an unlawful act;
• Presence of other participants and adult instigators.

Criminal liability of minors: types of punishment for a crime

A just criminal punishment of a minor is one that best guarantees his correction. However, the punishment in this case should not be too strict. By the way, the maximum period that a criminal under the age of 18 can get is 10 years in our country (both for one act and for their totality).

Types of punishment for a juvenile offender:

• Fine (can be appointed only against a criminal who has property or an independent earnings);
• Deprivation of the right to carry out certain activities;
• Works are obligatory;
• Correctional work ;
• arrest;
• For a certain period of imprisonment.

The criminal responsibility of minors: the use of compulsory educational measures

If a minor commits a crime for the first time in his life and does not belong to the category of grave and especially grave, the adolescent can be released from criminal liability if they admit that he can correct it by applying educational measures to him, namely:

• Warnings;
• Transfer under supervision of legal representatives (parents or those who replace them, in particular, a specialized state body of trusteeship);
• Imposition of duty to compensate / redress the damage caused;
• Restrictions of leisure;
• Establishing some requirements for behavior.