How does the law apply to underage offenders? Types of punishment that apply to a minor

The topic concerning the question of how the law relates to underage offenders is nowadays one of the most acute, debatable and topical. It's hard to argue with that. If you believe statistics, the number of particularly serious crimes committed by young citizens of our country, is growing every year. Many people rightly believe that in relation to them it is necessary to apply the same penalties as to adults, motivating it by the awareness of the acts being committed. On this score, there are many opinions, but first of all I would like to turn to the provisions prescribed in the law.

Article 20 of the RF Criminal Code

Before talking about how the law applies to underage offenders, it is necessary to note the age limits prescribed in Article 20 of the Criminal Code of the Russian Federation. It says that the person starts criminal responsibility from the moment he turns 16 years old.

However, in the same article, a list of crimes is noted, at which the citizen will be presented to the court, even if he is only 14. And the list is impressive. Here are a few of the crimes that it includes: murder, kidnapping, causing harm to health, robbery, robbery, extortion, terrorist activities, vandalism, hooliganism ... And this is not even 1/10 of the list.

Article 20 provides for exceptions in which a minor who has committed a crime (even between the ages of 14 and 16) can avoid responsibility. This applies to those teenagers who are lagging behind in mental development. But even with such a feature, it will be necessary to prove that the minor did not realize his actions and their consequences during the crime.

Fine

The types of punishment that apply to a minor differ in severity (like crimes). And the penalty is the most innocuous.

He can be appointed as either a primary or an additional punishment. By a court decision, the fine is often exacted from the parents or guardians of the offender. But only if they agree to this. In addition, the court, before imposing a fine, must verify the solvency of the lawful representatives of the perpetrator and himself. What happens if you avoid paying? The court seizes in the manner prescribed by the current legislation. Simply put, the case is transferred to the bailiff-executor.

Prohibitions and duties

Legislation on the responsibility of minors stipulates that, in addition to a fine, offenders may be banned from engaging in any activity. This is usually an additional punishment.

Most often, juvenile criminals are involved in compulsory work, which they must serve in a time free from study. They are appointed, as a rule, taking into account the physical characteristics of the adolescent. Terms are regulated by law. For citizens aged up to 15 years, they are 2 hours a day. Teenagers from 15 to 16 are supposed to work 3 hours. The total minimum working time is 40 hours. The maximum is 160.

Perform them necessarily. In the event that a juvenile delinquent begins to evade, he may be arrested and imprisoned. This application to juveniles of coercive measures is due to law. And, to be more precise, the third part of Article 49 of the Criminal Code of the Russian Federation.

Corrective labor

They also often punish juvenile offenders. Correctional work they have to serve in a place that was determined by local government. The minimum period is 2 months, as for adults. The maximum is 1 year.

As a rule, corrective work is assigned to adolescents who do not study in schools and other educational institutions. The place where they serve their sentence is in the area of their residence.

The size of deductions from wages is 5-20%. However, determining them, the court takes into account the financial situation of the adolescent, the presence of dependents in the family and other nuances. In case of evasion from correctional work, a juvenile offender may be arrested. Or imprisoned. The calculation is as follows: 1 day of arrest for 2 missed days.

Deprivation of liberty

Now you can talk about more serious punishments. Often, many offenses among minors are punishable by arrest. This punishment implies the maintenance of a juvenile offender in conditions of strict isolation from the outside world and society. The minimum period is equal to a month, the maximum is four. The first part of Article 54 of the Criminal Code gives the court an opportunity to establish an arrest and for less time. However, only in those cases when he is appointed instead of correctional or compulsory works.

Deprivation of liberty is appointed least often, in exceptional cases. What criminal responsibility of minors can be accompanied by such punishment? The one to which adolescents are involved for committing serious crimes (they are spelled out in article 20). However, there are deadlines.

For teenagers up to 16 years old - a maximum of 6 years imprisonment. In the event that the crime was particularly serious, the term is increased to 10 years. The same goes for teenagers over 16 years old. Only a term of 10 years can be set by him irrespective of the gravity of the crime committed.

Based on this, it is possible to answer the question of how the law relates to underage offenders. Fair, but taking into account age-old nuances. Although, of course, there are cases in which juvenile offenders remained unpunished, despite the deliberately committed terrible acts. But this is another topic.

Appointment of punishment

About this process, too, is to say a few words. And its implementation also shows how the law applies to underage offenders. The fact is that when assigning punishment to a juvenile offender, he is taken into account in what conditions he lives, what level of upbringing and mental development he has, personal characteristics, family, parents. After all, adolescents often go on the wrong path because of the influence of older people on them.

As early as 89 article of the Criminal Code of the Russian Federation it is said that a minor is a mitigating factor that the court takes into account when passing a sentence. But aggravating circumstances are also taken into account.

Deprivation of liberty is appointed by the court only in the event that the authorities decided: it is not possible to correct a teenager without isolating him from society. In the verdict, everything is motivated.

Manifestation of humanity

Often, juvenile offenders are exempted from punishment. But in this case, all the same, the prevention of offenses among non-juveniles is always carried out. And to release a teenager from liability can in the event that he was involved in a not particularly serious crime. And to petty theft, for example. In this case, the court will conduct and apply measures of educational influence. They are provided for in Part 2 of Article 90 of the Criminal Code of the Russian Federation. But for the crimes listed in Art. 20 of the Criminal Code of the Russian Federation, liberation is not allowed. Since those violations are irreparable harm to society and other people.

In special cases of a teenager who committed a middle or serious crime, they can place in a special closed educational institution. There professionals will be engaged not only in its correction. But still training, education and instilling the qualities necessary for a normal person. The maximum period of stay can be 3 years. But after reaching the age of 18, the adolescent will leave the institution.

Arbitrage practice

It should be noted that the process in which a juvenile delinquent appears before the law is carried out in the same way as in the case of adult citizens. It is supposed that justice in such situations should be directed to the application of those measures of influence that would help to allow maximum investigation of the circumstances of the committed violation.

Also during the process, the freedoms, rights and duties of minors are taken into account. In Ukraine, Russia and other countries, this is mandatory, since it demonstrates an adequate, unbiased attitude to the defendant. And for this reason, the most experienced judges, capable of making a fair, justified, lawful and motivated verdict, are involved in the investigation of cases involving juvenile offenders.

The detention is practiced, but only as an extreme measure. And only in relation to persons suspected of committing crimes from an average severity to particularly serious.

Right to defense

Minors face them as well as other people. This provision is noted in Article 16 of the Code of Criminal Procedure. They can realize this right both independently and with the help of a defender. If a minor does not have the opportunity to invite him, then his presence is provided by the court.

By the way, the questioning of a minor suspect is carried out only in the presence of a teacher or a psychologist. The same is true if a teenager is older than 16 (but under the age of 18) and lags behind in mental development. Also, parents, guardians or legal representatives of a teenager must be present at the meeting. But it happens that the suspect does not. Then a representative of the body of guardianship or guardianship is present at the court.