LawState and Law

What are the specific features of the criminal liability of minors?

Age is one of the necessary features that make up the subject of the crime, which is included in the system and structure of criminal legal relations. Clearly the notion of age in the Criminal Code of the Russian Federation is not formulated - only its borders are given when it comes to criminal responsibility: article 87 of the Criminal Code states that those citizens who are 14 years old at the time of the commission of a criminal act are recognized as minors, but they have not yet celebrated His eighteenth birthday.

The peculiarities of the criminal responsibility of minors are that when committing crimes, it occurs at the age of 14 years, and when others commit it, at 16. That is, there is a direct dependence connected with psychological and physiological maturity, with the process of forming life priorities, ) And the influence of adults.

The punishment of minors includes virtually the entire list established by the Criminal Code.

A fine is collected if a minor offender earns his own or owns property that can be recovered. The size of the fine is determined by the court.

Arrest is appointed only by 16-year-old convicted not more than 4 months.

Obligatory work is a work that is feasible for a minor, which is performed by him after studying in his spare time. And there are reservations:

  • Criminals who have not reached the age of 15 years can work no more than two hours a day;
  • Criminals aged 15 or 16 years - no more than three.

Corrective labor is assigned to a minor whose sentence is not longer than 1 year.

Deprivation of liberty reflects the specifics of the criminal responsibility of minors and is appointed differentially (the period should not exceed 10 years):

  • For young people and girls who have committed a crime for the first time - respectively, in male and female educational colonies with a general regime;
  • For young people and girls who had previously served time and committed a crime again - respectively, in male and female educational colonies with an enhanced regime.

The specifics of the criminal responsibility of minors call for the appointment of punishment to take into account the conditions of his upbringing, life in the family (full / incomplete), the level and characteristics of mental development, the individual characteristics of the individual and, without fail, the influence on his actions of adults. The minority at the time of sentencing is considered as a mitigating circumstance.

The release of juveniles from criminal liability is provided for in accordance with articles 75-77 of the Criminal Code of the Russian Federation and can only occur in cases of reconciliation with victims, active repentance or a change in the situation (the case when the criminal act ceases to be criminal, for example, its decriminalization). In addition, a minor must commit acts that correct his crime (if possible). There is another option: Article 90 involves the release of a minor on the same grounds, but with the application of measures (compulsory) educational impact. In the second case, measures may be prescribed:

  • a warning;
  • Imposition of obligations to reimburse harm from the committed crime;
  • Transfer of the minor to parents, guardians, etc. for supervision;
  • Restriction in leisure activities, strict requirements for behavior.

The specifics of the criminal responsibility of minors can not be fully reflected in one article - in each individual case the punishment will be different.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.delachieve.com. Theme powered by WordPress.