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Administrative and criminal liability of minors

Administrative and criminal responsibility of minors are among the most important measures to strengthen the rule of law. They act as a reaction of society to actions that constitute a danger. Next, we consider what features the administrative and criminal liability of minors has. juvenile criminal liability

Modern realities

The responsibility of minors in criminal law will only become effective when the principle of its individualization is consistently implemented. At the same time, its practical implementation will depend on whether the court has the opportunity to apply certain measures provided for in the law in practice. To date, the situation is such that the authorities are very limited in choosing one or the other coercion. This, in turn, leads to the unreasonably widespread use of juvenile measures such as imprisonment. Most researchers, meanwhile, come to the conclusion that she cannot correct the convict. Deprivation of liberty acts only as a "school for enhancing criminal mastery." The fact is that, while staying in appropriate places, convicted persons lose positive relationships with their peers and relatives. In return, they acquire connections in the criminal world, which are preserved during liberation. This often contributes to the continuation of the illegal activities of minors.

Solution to the problem

Given the foregoing, of particular relevance today is the issue of developing a set of criminal measures for minors who have committed illegal acts. This system should have a theoretical justification and practical significance. The development of such a complex is necessary mainly to exclude the priority of deprivation of liberty due to the fact that this measure, like no other, affects the life of a minor, makes significant, as a rule, negative adjustments to his behavior.

Legal basis

Having established the minimum reduced age of juvenile criminal responsibility, the authors of the norms believe that from this threshold a person is able to perceive a particular prohibition and be guided by a restriction in their behavior. But given the specifics of this issue, the practical implementation of this provision is usually formalized and indirect in nature. In this case, it is advisable to agree with the opinion of Luneev. He believes that in his desire for a more or less adequately generalized reflection of relations in the criminal sphere, the legislator greatly simplifies complex mental activity. features of the criminal liability of minors [

Methods of exposure

In the Criminal Code of the Russian Federation, the criminal liability of minors does not provide for any special measures. In many ways, they are similar to those used for adults. However, juvenile criminal liability is summarized in six points:

  1. Fine.
  2. Mandatory work.
  3. Deprivation of the opportunity to engage in any activity.
  4. Correctional work.
  5. Imprisonment for a fixed period.
  6. Arrest.

The law contains provisions that prohibit certain types of criminal liability. Minors, in particular, cannot be sentenced to life imprisonment, death penalty.

System specifics

The criminal liability of minors in the Russian Federation, providing for preventive measures from mild to severe, directs the courts to the need for an in-depth analysis of the circumstances of the case. When identifying the causes of the crime, the specificity of the personality of the teenager should be taken into account. As a result, the court is obliged to appoint a measure that would become effective enough to correct the guilty person. At the same time, juvenile criminal responsibility should help prevent future violations and restore public justice. UK RF criminal liability of minors

Purpose of the measures

According to the code, juvenile criminal liability, in short, is necessary for the implementation of two main tasks. At the same time, the issue of restoring public justice is put in the first place. The second position is the direct correction of the guilty person. In PECs, priorities are set somewhat differently. So, in the first place is the goal of correcting the perpetrators, and in the second - the prevention of new crimes both by convicts and other citizens.

Restoring justice: expert opinion

As noted by several authors, this goal should determine cases in which the criminal liability of minors is applied. Moreover, the implementation of the recovery task should be carried out at all stages of the appointment and subsequent application of coercive measures. So, for example, a minor who has committed an illegal act in relation to property, the court sentenced him to compulsory labor, guided by the above purpose. However, the practical implementation of this task is possible at the stage of execution of the measure. In this regard, the idea of ​​introducing the restoration of public justice in PECs as the goal of the enforcement measure should be considered justified and productive. criminal prosecution of minorsSome authors propose replacing the principle of justice with the commensurability of punishment. In their opinion, the criminal liability of minors should be individualized at all stages of its implementation. Therefore, as these authors suggest, there is no need to come up with any new provisions. It is advisable in this case to adjust existing goals by adding the goal of establishing public justice to PECs.

Features of the criminal liability of minors

Failure by a person of 18 years of age acts as a mitigating circumstance. However, it must be taken into account in conjunction with other factors. Criminal liability and punishment of minors is also subject to aggravating circumstances. The legislator substantiates this position by the fact that failure to reach the threshold indicated above cannot act as a “super-softening” guilt factor. The juvenile criminal liability for crimes provides 4 mandatory measures and 2 - mixed nature. The first include:

  1. Deprivation of liberty.
  2. Mandatory work.
  3. Arrest.
  4. Correctional work.

Such measures as the deprivation of the opportunity to engage in any activity and a fine may be assigned as basic or additional. It depends on the quality of their use in the articles on which juveniles are prosecuted.

Fine

Due to the fact that the definition of a number of preventive measures, the conditions for their application and the terms in many aspects coincide with the same types prescribed by adults, it is necessary to highlight the specifics of the criminal liability of minors. In particular, you should dwell on the fine. Within the meaning of Art. 88 of the Criminal Code, this measure is applied to a minor if he has property or income that may be levied. However, in practice, a teenager, as a rule, does not have a material base.This circumstance significantly limited the possibility of applying this measure. Federal Law No. 162 amended and amended the Criminal Code. According to the provisions of the normative act, a teenager may be fined if he does not have property or income that can be exacted. This requirement significantly expands the circle of perpetrators, to whom the mildest measure can be applied. juvenile criminal age

Prohibition of activities

This punishment is applied in cases when a minor, legally carrying out any activity (for example, selling newspapers, crafts, ice-cream, hunting has been allowed in the Far North since the age of 14, and so on) commits illegal acts. However, as judicial practice shows, this measure is not applied at all.

Mandatory work

This punishment also did not receive proper application in practice. Mandatory work appoint for a period of 40 to 160 hours. This criminal liability of minors is manifested as the implementation by convicts of socially useful free activity in their free time from school or main labor. The law sets limits on the duration of work. The duration of the activity depends on age. So, for convicts who are less than 15 years old, their duration is no more than 2, and for those who are from 15 to 16 - 3 hours a day. The criminal liability of minors in this form is applied at the place of residence of the perpetrators.

Application difficulties

In foreign countries, compulsory work is considered as a punishment, which is assigned as an alternative measure, replacing other, more stringent methods (imprisonment, for example, or arrest). In domestic law, this item was isolated from correctional labor. At the same time, he received a more stringent wording through the establishment of standards for working out and free of charge. In modern executive practice, there are a number of difficulties with the implementation of this measure. First of all, it should be said about the limited front of compulsory work. This is due to the low interest of business entities in attracting convicts, as enterprises should transfer funds to the budget for this.

Secondly, during the introduction of this punishment and the imposition of its execution on the relevant penitentiary services, their level of congestion was not taken into account. In addition, the conditions and procedure for implementing this measure require more detailed and complete regulation. criminal liability and punishment of minorsLegislative provisions should be brought into line with international legal standards. In the appointment and subsequent application of this punishment, one should also take into account the subjective moment regarding the prisoner's lack of desire to work. These circumstances in practice significantly limit the ability of courts to impose measures that are not related to deprivation of liberty.

Correctional work

They are appointed for a period of up to a year. A minimum period of two months has also been established. At the same time, deductions from salaries of 5-20% are applied. This type of punishment can be assigned to persons whose main occupation is work in organizations and enterprises, regardless of their form of ownership. The percentage of retention is determined in accordance with the financial situation, the presence of a family (parents in particular).

Achieving the effectiveness of the implementation of this measure is possible only if adequate control over the implementation process is ensured. This function is assigned to KDN at city (regional) administrations. It must be said, however, that there are no broader prospects for the use of correctional labor as a preventive measure for minors. This is due not only to the presence of certain restrictions that are provided for in the law governing the use of child labor.The fact is that in conditions of unemployment it is not often possible to meet a manager who is ready to hire a minor. Objectively, the share of this category of citizens in the production process is very small.

Arrest

This punishment is considered relatively new in domestic executive practice. The arrest is assigned to persons who have reached the age of 16 by the time the court pronounces. The duration of detention is 1-4 months. The legal nature of arrest is considered to be similar to imprisonment. By decision of the court, the convicted person is limited in their choice of occupation and freedom of movement. The place of his stay is a special institution located in the place of residence of the perpetrator. The short period of the arrest does not make it possible to count on conducting effective educational work. However, the inevitability of isolation itself has a preventive effect on the established, albeit relatively short period. Arrest is granted under two conditions. The first is the age of 16 years. This is expressly stated in the legislation. An unlawful act may be committed earlier, but by the time a court decision is made, the convicted person must be 16 years old. The second condition is the degree and nature of the danger posed by the act itself and the person responsible for it. juvenile liability in criminal lawArrest should be applied in cases where the minor must be isolated from the environment that contributed to the commission of the crime. This measure is also used in cases where other methods of influence are impossible to implement. For example, a fine, correctional or compulsory labor cannot be applied, since the teenager is not employed, does not want to do this, he does not have a permanent place of residence, and so on. For more serious crimes, an arrest is ordered only in the presence of certain (exceptional) circumstances.

Deprivation of liberty

This is the most severe criminal punishment for a minor, despite the fact that the conditions of stay in long-term isolation for these persons are considered preferential. They become divorced from the familiar environment, production team or school. This, of course, negatively affects their moral and psychological development. Deprivation of liberty for an adult is considered a last resort. It should be applied when the court decides that a different method of influence will not bring the necessary effect. Thus, a minor is sentenced to imprisonment when he commits a particularly serious crime, and in some cases - crimes of medium and light gravity.


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