Age is one of the necessary features that make up the subject of a crime, which is included in the system and structure of criminal law relations. The concept of age is not clearly formulated in the Criminal Code of the Russian Federation - only its boundaries are given when criminal liability arises: article 87 of the Criminal Code of the Russian Federation tells that those citizens who are already at least 14 years old during the commission of a criminal act are recognized as minors, but they have not yet celebrated his eighteenth birthday.
The peculiarities of juvenile criminal liability are that when committing some crimes it occurs at age 14, and when committing others - at 16. That is, there is a direct correlation associated with psychological and physiological maturity, the process of forming life priorities, and character traits (temperament ) and the influence of adults.
Punishment of minors includes almost the entire list established by the Criminal Code.
A fine shall be recovered if the juvenile offender earns on his own or has property that may be levied. The size of the fine is determined by the court.
Only 16-year-old convicts are appointed for no more than 4 months.
Mandatory work is a feasible work for a minor that is performed by him after studying in his spare time. Moreover, there are reservations:
- criminals under the age of 15 can work no more than two hours a day;
- criminals aged 15 or 16 years - no more than three.
Correctional labor shall be assigned to minors whose sentence of no more than 1 year.
Deprivation of liberty reflects the specifics of the criminal liability of minors and is assigned differentially (the term should not exceed 10 years):
- for young people and girls who committed a crime for the first time - respectively, in male and female educational colonies with a common regime;
- for young people and girls who previously served time and committed a crime again - respectively, in male and female educational colonies with an enhanced regime.
Peculiarities of juvenile criminal liability call for sentencing to take into account the conditions of his upbringing, life in the family (full / incomplete), the level and characteristics of mental development, individual personality characteristics and, without fail, the influence of adults on his actions. Minority in sentencing is taken into account as a mitigating circumstance.
The release of minors from criminal liability is provided for in accordance with Articles 75 to 77 of the Criminal Code of the Russian Federation and can only occur in cases of reconciliation with the 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 correcting his crime (if possible). There is another option: article 90 provides for the release of a minor on the same grounds, but with the use of (coercive) educational measures. In the second case, measures can be assigned:
- a warning;
- imposition of obligations to compensate for harm from the crime committed;
- transfer of a minor to parents, guardians, etc. for supervision;
- restriction in leisure activities, strict requirements for behavior.
The specifics of the criminal liability of minors cannot be described in detail in one article - in each individual case the punishment will be different.