In Russian criminal law, particular importance is attached to the age of the person who committed the wrongful act. This is due to the fact that a large number of crimes are currently being carried out by juvenile intruders. The latter, due to their emotional and mental immaturity, cannot always fully evaluate what is happening. Therefore, criminal law does not allow them to be imposed too severe penalties. In some cases, a fine imposed on a minor may be paid by his parents or other legal representatives.
What you need to know
Many citizens of our country are interested in the question of the age at which a minor child can be held accountable for committing a crime. So, according to the current Criminal Code, a small citizen will be liable for what he has done only if he is already fourteen years old at the time of the crime (when certain acts are specified in Article 20 of the Criminal Code).
As a general rule, minors who have reached 16 years of age are prosecuted. But in the event that the latter lag behind their peers in mental development and at the time of the commission of unlawful acts could not fully recognize the wrongfulness of the deed, they should not be punished by law.
Feature
The law does not provide for juvenile offenders special types of punishment that could not be applied to adult intruders. However, given the mental development of the little criminals, they cannot be sentenced to life imprisonment. In addition, minors are not subject to such severe punishment as the death penalty. By virtue of their age, children cannot be deprived of special titles and awards. Also, minors are not arrested.
A small attacker can be held accountable for an offense if, by the time he was committed, he was already fourteen years old. It is also necessary to know that a teenager will not be responsible for his illegal actions only if he has not passed the day since he reached the age prescribed by law. A minor child who has committed a crime can count on a milder sentence.
Where do they depart
It is no secret to anyone that juvenile intruders can be sent by the court to serve their sentences in an educational colony. As a rule, such a harsh measure applies only to those adolescents who commit a relapse of the crime. The latter are in the educational colony only until they reach the age of 18. A minor child serving a sentence in places of isolation has the right to visit relatives and receive programs and parcels.
Nuances
The age of a minor child is taken into account by the court as a mandatory mitigating circumstance when sentencing. This rule is enshrined in the Criminal Code. Thus, the humanity and mercy of the state to juvenile delinquents is manifested. Indeed, very often they commit their wrongful acts thoughtlessly and spontaneously. In addition, this often happens under the influence of adults who bully teenagers. Also, it is taken into account that the psyche of young citizens is not yet fully formed. Therefore, sometimes they commit atrocities in order to show others that they are already adults and independent.
Minors
In this case, we are talking about children who, by virtue of their age, cannot be prosecuted even for the most serious crime. Because small citizens who are not yet 14 years old cannot fully be aware of their actions and deeds. Until the specified age is reached, children are considered completely incompetent, and all responsibility for the harm caused by the latter falls on the shoulders of their parents or other legal representatives. This applies to cases where it is necessary to compensate for property and moral harm caused by a minor. Under criminal law, underage children under the age of 14 are not held accountable under the Criminal Code of the Russian Federation.
Sanctions reduced
Minor children from 14 to 18 years of age are held accountable for committing unlawful acts and are punished for this within the framework established by law. Nevertheless, the sanctions provided by the Criminal Code for small attackers are much weaker than those that apply to adult criminals. In this case, the fine imposed by the court on a teenager may not be higher than fifty thousand rubles. In this case, the legal representatives of the minor may well assume the obligation to pay it . In practice, this often happens.
In addition, the period of compulsory (from 40 to 160 hours) and corrective labor (from two months to a year) has been reduced. These are the advantages of minors. A child who is less than sixteen years of age may not be assigned to serve a sentence in places of isolation from society for a term exceeding six years. That is the law.
For committing a grave or very grave crime, a teenager should be assigned a term half of the minimum specified in the corresponding article of the Criminal Code. Currently, arrest does not apply to minors. A child aged 16 who has committed an illegal act may be prohibited from engaging in certain activities. In this case, there are no particularities for applying this type of punishment.
Redemption
This is stated in article 95 of the Criminal Code. In this case, the maturity of the criminal record is much less than those established for adult attackers and are:
- six months after the execution or serving of a milder sentence than isolation from society;
- 1 year after the term of imprisonment in prisons;
- three years, if a minor was serving a sentence in a colony for the commission of a grave or most grave crime.
FAQ
To what age can a minor child be held accountable for offenses? This is the question most parents ask, whose children are considered difficult teenagers. So, if a teenager commits a crime under the age of 14, then he cannot be punished for it. Nevertheless, instead of the minor, harm will be compensated by his parents, or other legal representatives or institutions where the latter is trained. Everything will depend on the situation.
Can a minor convict receive a suspended sentence again? By law, this is possible, especially if the crime committed by the latter does not belong to the category of serious acts. Upon the appointment of a new conditional term, the court may also apply other educational measures to the guilty teenager, the control of the execution of which is assigned to the executive inspection body.
Also, many parents are interested in the question of whether it is possible to exempt a small attacker from punishment if the minor is already 16 years old. This is possible only if the court establishes that the latter is behind in mental development from his peers and cannot fully recognize the wrongfulness of his actions.
Existing problems
The age of a minor in criminal law is strictly determined by applicable law and is enshrined in the Criminal Code of the Russian Federation. Therefore, persons over the age of 14 can be prosecuted for certain serious and violent crimes (referred to in article 20 of the Criminal Code).
Currently, there are more and more of those attackers who commit unlawful acts at an early and young age. This is due to the fact that in modern times, young people do not have a clear understanding of life and moral values, there are no certain norms of behavior. There is only permissiveness and the desire to achieve your goal at any cost. Indeed, many adolescents, and especially those who live in dysfunctional families, do not have the goal of learning, going to work and making money and gaining certain material wealth. They want to get everything at once, and therefore embark on the path of crime, wanting to quickly seize other people's values. For this reason, adolescents who find themselves in the colony are undergoing constant psychological work, allowing them to take the path of correction.
Crimes Against Children
Very often underage children suffer from the actions of criminals. The last age in Russia cannot exceed 18 years.
Due to the fact that children are much weaker than adults, have an unstable psyche and almost never can resist a criminal, the punishment for those who committed acts against minors is much more serious under criminal law than for all other crimes. In addition, the court, when appointing a term for the guilty, takes into account all the circumstances of the crime. Therefore, if the offender took the life of a child, then he is likely to receive the maximum punishment provided for in article CC.
Almost adults
The age of a minor child in Russia has its own limit - it is 18 years, upon reaching which the teenager becomes fully capable. Nevertheless, some children want to become adults much earlier than the set time, and sometimes the law allows this. So, for example, if a teenager 16 years old works at an enterprise under an employment contract or, with the consent of his parents, runs his own business, then he has the right to early adulthood (emancipation). In the event that the court finds the latter fully competent, then he will already be responsible for his actions as an adult, independent person.
Minor children: age, registration
Here you can summarize what was written earlier. So, children from 14 to 18 years are considered minors. The latter have partial operability. The teenager will be liable for crimes in Russia after he reaches the age of 14 (for certain types of acts). Until the specified age, the child is considered to be young.
Children should only live with their legal representatives. If the child’s parents do not live in the same territory, then the latter can be registered at the place of residence of both the mother and father. Only each of the legal representatives must give his consent (in writing).