adolescents under 18 years of age, have still unsettled outlook and, therefore, highly mobile system of moral values.By virtue of submission of a minor age reasons of law and morality they are still only at the verbal level and are not automatic controls the behavior of a young man.Meanwhile, the attention of the younger generation are now in need of sharp increase, particularly in terms of crime prevention and conflict, which in some regions becoming frighteningly acute.Therefore, an objective responsibility of minors for criminal offenses is a must.Today, more rapidly growing number of informal youth movements, tuned aggressively towards certain groups of citizens (in particular, nationalism).No less pitiable looks the picture of crimes committed by young people with selfish intentions, such as theft, robbery, robbery.
Our state provides special protection to those who had not yet reached his 18th birthday, but despite this, the criminal liability of minors under the Criminal Code (1996), occurs already when the young people of 14 anniversary.Due to the nature of human psychology minors regulations and introduced a separate chapter, namely Chapter 14 (Articles 87 to 96).The need for special rules and regulations in relation to juvenile offenders stems directly from the principles of humanity and justice.
features of criminal responsibility and punishment of minors
Of the 87 chapters, we see that minors in our country is recognized by those who have turned 14 by the time of the commission of unlawful acts.Adults also considered young people, ranging from 18 - offenders in this age group is already responsible for their actions, "grown-up".And adolescents in conflict with the law under the age of 14 do not meet the law for being made.
Any minor offender before he will be assigned to a particular sentence always goes forensic psychological and psychiatric examination.This is a very difficult complex research, which requires medical applications such as general health, so special psychological knowledge (social psychology, pathopsychology adolescents and children).In view of the findings, which is at the basis of that examination, the question of whether the juvenile will appear before the court if he is not suffering from a mental disorder at the time of the crimes of the law, or he does is incapacitated.In the latter case, the teenager is likely to be sent for treatment in a psychiatric institution.
criminal liability of minors: the special circumstances
During production of the investigation and trial of criminal offenses committed by minors face, particular attention is drawn to the elucidation of circumstances such as:
- the age of the offender;
- their living conditions;
- conditions of education;
- causes and conditions that contributed to the commission of the unlawful act;
- presence of other participants and adult instigators.
criminal liability of minors: the types of punishment for a crime
fair criminal punishment is considered to be a minor one which will best ensure its correction.However, the punishment is not to be too strict.By the way, the maximum that can get the offender under the age of 18 years, in our country is 10 years (as per the act, and in their totality).
types of punishment against juvenile delinquent:
- fine (can only be assigned in relation to the offender, having independent earnings or property);
- deprivation of the right to carry out certain activities;
- work required;
- correctional work;
- arrest;
- for a fixed term imprisonment.
criminal liability of minors: the use of force and educational measures
If a minor commits an offense for the first time in his life, and it is not classified as serious and very serious, the teenager may exempt from criminal liability, if we recognize that corrected it may, bybeing subjected to educational measures, namely:
- warning;
- transmission under the supervision of the legal representatives (parents or those who substitute for, in particular, a specialized government agency of guardianship);
- imposing the obligation to compensate / to make amends for the harm caused;
- restrictions leisure;
- establishing certain requirements for the behavior.
