Пестряева А.С.

103 учебный взвод

Уфимский ЮИ МВД России

Features of attracting minors to criminal liability

Minors, in accordance with Art. 87 of the Criminal Code, are persons who at the time of commission of the offense was 14, but not 18 years of age.

For minors who have committed crimes, they can be applied forced measures of educational influence or they may be punished.

At the age qualification of a crime is determined at the time of committing a socially dangerous act, rather than at the time of the consequences.

In the absence of documentary evidence of the age of the minor, he established a forensic medical examination.

A prerequisite to attract minor criminal responsibility is that the person must be able to understand and evaluate what is happening and to guide their actions.

Persons aged between 14 and 18 years, which could not be fully aware of the actual nature and social danger of his actions (inaction) or to control them, as a result of mental retardation, not excluding responsibilities of persons who are not subject to criminal liability, as equal to a minor.

In Part 2 of Art. 20 of the Criminal Code defined an exhaustive list of offenses for which responsibility is 14 years. Among them: murder, intentional infliction of grievous bodily harm and injury of average gravity to human health, kidnapping, rape, sexual assault, theft, robbery, unlawful possession of a car or other vehicle without a purpose of plunder, deliberate destruction or damage to property with aggravating circumstances, terrorism, hostage-taking, knowingly false report of an act of terrorism, hooliganism under aggravating circumstances, vandalism, theft or extortion of weapons, ammunition, explosives and explosive devices, theft or extortion of narcotic drugs or psychotropic substances, and also the distruction vehicles or means of communication. All these crimes are premeditated.

According to Part 1 of Art. 88 of the Criminal Code penalties species designated by the minor, are:

a) fines;

b) deprivation of the right to engage in certain activities;

c) compulsory works;

d) correctional labor;

 e) restriction of freedom;

When sentencing minors except for the circumstances provided for in Article 60 of this Code, are taken into account the conditions of his life and education, the level of mental development and other personal characteristics, as well as the influence on him of older persons (Part 1 of Art. 89 of the Criminal Code).

A minor's age is taken into account as a mitigating circumstance together with other mitigating and aggravating circumstances (Part 2 of Art. 89 of the Criminal Code).

A juvenile who has committed a crime of small or average gravity may be released from criminal liability, if it is found that it can be reformed through the application of compulsory educational measures (Part 1 of Art. 90 of the Criminal Code).

Juvenile the following compulsory measures of educational influence can be assigned:
a) warning;

b) transfer under supervision of parents or persons in loco parentis, or a specialist State agency;

In the case of systematic failure to minors forced measures of educational influence, this measure on the proposal of a specialized state body is canceled and the materials are sent to bring the minor to criminal liability (part 4 of Art. 90 of the Criminal Code).

Prevention is the explanation to the minor of the harm caused by his act, and consequences of reoffending (Part 1 of Art. 91 of the Criminal Code).

Transfer under supervision consists in the laying on of parents or persons in loco parentis, or a specialized state agency responsibilities for educating a juvenile and monitoring his behavior (Part 2 of Art. 91 of the Criminal Code).

The obligation to make amends for the harm imposed, taking into account the property status of the minor and the availability of appropriate labor skills (Part 3 of Art. 91 of the Criminal Code).

Restriction of leisure and establishment of special requirements to behavior of the minor may provide for the prohibition to visit certain places, the use of certain forms of leisure activities, including those related to the management of the motor vehicle, the restriction of staying away from home after a certain time of day, travel to other localities without the permission of a specialized state body. A minor may also be required to return to an educational establishment or to find employment with the help of a specialized state body. This list is not exhaustive (Part 4 of Art. 91 of the Criminal Code).

Bibliography

1) Ugolovny kodekc Pocciyckoy Fedepatsii [Elektponny RESOURCES OF]: from 13.06.1996, № 63-FZ c edited. and dop. - Elektpon. Dan. - CPC KoncultantPlyuc.

2) Konctitutsiya Pocciyckoy Fedepatsii [Elektponny RESOURCES OF] ppinyato vcenapodnym golocovaniem 12 dekabpya 1993 c edited. and dop. - Elektpon. Dan. - CPC KoncultantPlyuc.

3) General Theory of Law and gocydapctv: Textbook / pod ped. VV Lazapeva. - M .: Yupict, 1994. - 360 c.