УДК
343.915(430)=112.2
Губайдуллина Э.Г. курсант 209 учебного взвода
Научный руководитель:
препод. Харина Р.С.
Уфимский ЮИ МВД РФ, г.
Уфа, kharina.regina@mail.ru
CRIMES COMMITTED BY
MINORS
In recent years, we observe a stable growth of crime
made by minors in Russia. This is especially true of children in criminal and
other dysfunctional families.
The constitution stipulates that Russian citizens may
exercise fully its rights and responsibilities to 18 years. Part 1 article 87
of the Criminal Code defines a minor as a person who is fourteen, but not
eighteen years of age at the time of the crime.
Federal Law of June 24, 1999 N 120-FZ "On
Principles of Prevention of neglect and juvenile delinquency" (as amended
on January 13, 2001, July 7, 2003, June 29, August 22, 1 December 29, 2004 .,
22 April 2005) defines a minor as a person who has not attained the age of 18
years.
The current criminal legislation of the Russian
Federation released a special "Criminal liability of minors' section -
this fact alone speaks of increased attention of the legislator to the criminal
liability of minors problems.
Persons who have reached at the time the crime was
committed 14 years of age, be held criminally responsible for:
· Murder;
· Deliberate infliction of grievous bodily harm;
· Intentional infliction of medium-gravity damage to
health;
· Sexual assault;
· Rape;
· Theft;
· Robbery;
· Extortion;
· Illegal occupation of automobile or other vehicle
without a purpose of plunder, etc.
The
list of crimes is far from exhaustive.
Committing a crime as a minor is a fact that imposes a
deep imprint on the fate of a teenager. The crime committed by a person under
the age of 18 years, causing harm not only to the social relations, against
whom it was directed, but also the process of development of the personality of
the minor, contributing to the formation and consolidation in his mind a
certain negative social attitude.
For the prevention of juvenile delinquency is
important to the education of children on the principle of non-criminal
activity. To bring children to understand these principles, and especially to
teach them to observe practically impossible, if the children are abandoned by
parents, lack of attention, to be abused, the risk of drug abuse.
There are several stages of formation of the minor to
crime:
1. The lack of contact and mutual understanding
between parents and child, conflicts with peers and teachers at school.
2. The child's familiarity with those leading an antisocial
lifestyle, prone to commit crimes, to some extent, such as outcasts, like
himself a minor.
3. attempt to self-assertion of a teenager by
committing crimes.
With that, as soon as his criminal activity
becomes known to the nearest environment, the minor has a choice: realizing
what social harm does it, with the support of parents, friends or rejects this
way of life, or the teenager finally changing world, social values, and he
continues to commit crimes.
In the course of investigation of criminal cases
remains unclear whether a proper way, parents or persons substituting them,
educate a child, was the cause of education whether improper commission of a
crime, why the teenager was out of control on the part of the parents, etc.
RF Criminal Code provides an exhaustive list of
punishments prescribed to minors:
· Fine;
· Deprivation of the right to engage in certain
activities;
· Compulsory labor;
· Corrective labor;
· Arrest;
· Imprisonment for a fixed term.
However, in practice the courts often limited to
conventional forms of punishment - imprisonment, probation to imprisonment.
In imposing a sentence of probation, juveniles naively
believe that their age was the reason for the election of the punishment, and
in the future will also help them avoid more punishment. Perhaps it is this
childish innocence and contributes to the fact that during the period of
probation after sentencing the teenager again often takes the path of crime.
In summary, we can conclude about the importance of
developing competent policies towards the prevention of crimes and offenses
committed by minors. It is easier and more effective to prevent the commission
of a crime than fair to impose these sanctions to minors. An important factor
in the prevention of the commission of crimes by minors is not only your own
awareness of what is happening, but also minor entourage: his peers, parents
and society as a whole. With regard to persons already convicted, there is, in
addition to their own prudence minors play a significant role and authorities
exercising control over minors, namely the Commission on Minors[2]. It is
necessary to activate the work of the commissions on juvenile authorities
department of custody and guardianship to them to identify and eliminate the
causes and conditions that contributed to the commission of crimes by
teenagers, conducted preventive talks.
List of references
1. Criminal Code
of Russian Federation
2. Federal Law of
June 24, 1999 N 120-FZ "On Principles of Prevention of neglect and
juvenile delinquency"