Age - one of the essential attributes that make up the subject of crime, which is included in the system and the structure of criminal legal relations.Clearly the concept of the age of the Criminal Code does not set forth - it is only the border when the criminal responsibility: Article 87 of the Criminal Code tells us that recognized underage citizens who during the commission of a criminal act has turned 14, but they have not yet celebratedhis eighteenth birthday.
Features of criminal liability of minors lies in the fact that the commission of certain crimes, it comes at the age of 14, and the commission of other - in 16. That is, there is a direct correlation associated with psychological and physiological maturity, with the process of formation of priorities in life, character traits(temperament) and the influence of adults.
punishment of minors includes almost the entire list established by the Criminal Code.
penalty collected if the juvenile offender earns yourself or a property which may be to foreclose.Amount of the fine determined by the court.
Arrest assigned only a 16-year-old convicted of not more than 4 months.
Compulsory work - it is feasible for the minor work that is done to them after studying in his spare time.And there are reservations:
- offenders under the age of 15 years may not work more than two hours a day;
- offenders age 15 or 16 years of age - no more than three.
Corrective works shall be appointed by the minor, whose term of condemnation for a period not exceeding 1 year.
Imprisonment is representative of the criminal responsibility of minors and appointed differentially (a term not exceeding 10 years):
- for young men and women who have committed a crime for the first time -, respectively, in the male and female young offenders from the general regime;
- for young men and women who have served time and again committed the crime -, respectively, in the male and female young offenders with a reinforced regime.
Features of criminal liability of minors call when sentencing to consider the conditions of his upbringing, family life (complete / incomplete), the level and characteristics of mental development, individual personality characteristics, and - necessarily - impact on his actions of adults.The minority is taken into account at sentencing as a mitigating circumstance.
release of minors from criminal liability is provided in accordance with Articles 75 to 77 of the Criminal Code, and may occur only in cases of reconciliation with the victims of active repentance or change in the situation (the case when the criminal offense ceases to be a crime, for example, decriminalized).In addition, a minor must perform actions correcting his crime (if possible).There is another option: Article 90 requires a minor exemption for the same reasons, but with the application of the measures (compulsory) educational impact.In the second case can be assigned action:
- warning;
- imposition of liability to compensate the harm of the crime committed;
- transfer of minor parents, guardians, and so on. P. For supervision;
- restriction in leisure activities, strict requirements for behavior.
Features of criminal liability of minors can not be reflected in detail in one article - in each individual case, the penalty will be different.
