Age of criminal responsibility in the Russian Federation

Why do we need the age of criminal responsibility? Upon reaching his guilty person, the court is entitled to bring him to justice for crimes. In most states the minimum age is defined, when a person can answer for their commission.

VUO according to the Criminal Code

The age of criminal responsibility (Criminal Code of the Russian Federation) is a criterion that exists in criminal law. Two age brackets are used, according to which the so-called "criminal majority" comes. The age at which criminal responsibility for most crimes is possible is 16 years, and criminal punishment can also occur in a number of cases and from 14.

The need to establish a minimum SDM

Necessity is explained by the following fact: a child can not fully understand the essence of actions for society. Although already at the age of five years there is an understanding that it is impossible to harm in any way the life and health of others, later it appears in relation to other unlawful actions. It can be said that the awareness of the value of individual objects comes to a person not immediately, but as it grows up and develops, while taking a fairly long period.

Based on their research data in the field of physiology, psychology and pedagogy, the legislator establishes a minimum VUO. In each country and in different historical periods, this issue is solved in its own way. Legislation also provides for the differentiation of age limits by means of different VRUs in relation to certain compositions.

Age determination

The exact establishment of the age of the accused juvenile is a necessary condition for applying criminal liability to him. The procedure is usually carried out using the relevant documents, if this is not possible, a forensic medical examination is used, during which an answer is given to this question.

A certain age is achieved not on the day of birth, but on the day following it (according to the jurisprudence practiced in Russia). In the event that the age was established with the help of forensic medical examination, the birthday of the defendant will be the last day of the year established by the experts. Persons under 18 are considered minors.

Reduced VUO

The age of criminal responsibility for serious crimes is 14 years. Such crimes include the following: causing harm to health with intent on it, rape, murder, kidnapping, robbery, theft, extortion, robbery, theft of weapons, car theft, malicious hooliganism.

The lowered age is established for a number of crimes, which are listed in Art. 20 of the Criminal Code (Part 2). They are divided into several groups, we will consider them in more detail:

• Possession of other people's property - robbery, theft, robbery, seizure of a car, extortion, theft of narcotic (psychotropic) means or their extortion, as well as theft of weapons, explosives.

• Physical violence or its threat - murder, rape, willful causing of serious or medium harm to health.
• Destruction or damage to another's property - vandalism, act of terrorism, destruction (damage) of property, made with intent and in aggravating circumstances, defeating the vehicle.

In addition, there are other types of crimes. These include: hostage-taking, kidnapping, hooliganism in the presence of aggravating circumstances, a false report of terrorism, illegal manufacturing and other activities related to the use of explosives.

This list was formed in accordance with two criteria: the severity of the act, as well as the ability to realize at this age the public danger that these crimes carry in themselves. At the minor one of the first there are representations about inadmissibility of encroachments on property or violence. In addition, the list of these acts is especially common among minors.

Persons under 16 are not held accountable for committing crimes that are not included in this list. In the event that the actions of the person at the same time have signs of a crime for which he can bear responsibility since the age of 14, and also contains the offense for which he must answer before the law after reaching 16 years, then the subject is attracted only in the first composition. For example, a person has stolen an item that is of special historical value by theft. At the time of the commission of the act, he was less than 16 years old. In this crime, there are signs of an act qualified under two articles: 158 and 164. In this case, the subject is liable only for the first composition, but for the second he can not answer.

Articles on which persons under the age of 16 may be brought

So, the list of articles on which a person who has reached the age of 14 can already be attracted, looks as follows: Art. 105, 111, 267, 112, 229, 126, 226, 131, 214, 207, 213, 132, 206, 158, 161, 162, 167, 205, 163, 166.

VUO (age of criminal responsibility) in the Russian Federation and other countries

In the world legislation, persons of full age are reached at different ages. Basically it is about eighteen years. In some countries, adults who are 15, 20 and 21 years old are considered adults. If the age of the accused is below this boundary, he is subject to relaxed measures, but this does not mean that the person is released from punishment.

For example, in Russia, the total age of criminal responsibility is 16 years. In the US and Kazakhstan there are also 16, 14 in the FRG, 10-17 in England, 13 in France, 15 in Finland, 8 in Scotland and 6 in Iran. For example, if the offender is less than 14 years in Germany, then he is considered insane. According to their legislation, children at a younger age are not yet able to realize the illegality of the act. In the period from 11 to 18 years, a teenager is held accountable if he has committed an offense punishable by imprisonment for more than a year or more.

General, reduced and elevated VUO

As a general rule, VUO comes from 16 years. But it can come from the age of fourteen, if the crimes were committed against property, person, public safety and order. Then it is a question of a lowered VUO. The increased age of criminal responsibility is the age of majority. For example, to attract a person for non-payment of alimony, his age can not be less than 18 years.

It is noted that for some crimes that do not have comments on the VUO for them, an age limit of 18 is set. These are, as a rule, those of them, where a special subject must be present who occupies a certain position.

Criminal liability in relation to persons lagging behind in mental development

Proceeding from paragraph 3 of Art. 20 of the Criminal Code of the Russian Federation, a person who is already 14 or 16 years old, but has a mental development gap, can not be held accountable for those crimes for which juveniles must answer. The reason for this is the person's lack of understanding of his actions, as well as the inability to manage them.

Person's sanity

Accused of a crime must be imputed - this is one general condition for bringing him to justice. The person should be aware of the actual nature of the actions, their social danger and the ability to manage them. If there are mental health defects that do not affect human behavior, criminal liability can be applied to a person. If a subject has mental abnormalities, he may be subjected to compulsory admission to certain institutions. When imposing punishment, this fact is taken into account by the court.

Measures of impact on juvenile offenders

Juveniles who are already 11 years old, but who are less than 14 years old, if they violate the law by a judicial decision, are placed in SUVZUT. This does not apply to measures to prosecute. The main purpose of placing a person in such institutions is medical, psychological, social rehabilitation of a minor, adjustment of his behavior and adaptation to life in society.

Maximum VUO

The Criminal Code does not set the maximum age of responsibility for crimes. For this reason, even the elderly person is punished for the deed committed by him. However, there is a certain differentiation in relation to these persons. Some penalties do not apply to them, for example life imprisonment does not apply to men who have already turned 65.