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Delictability is an element of citizens' legal capacity: age and sanity

From birth, all citizens have certain legal capabilities. They form legal capacity. Delictability implies that a person has a sense of responsibility for damage caused by his illegal actions / omissions. In general cases, it occurs from 16 years. At the same time, there are articles in the Criminal Code of the Russian Federation providing for liability from the age of 14. Let us further consider in detail the concept of tort. tort is

general characteristics

Delictability is an element that has certain characteristics by which its presence and volume are established. The assertion that all citizens have the same criteria will be false. This is due to the fact that the degree of awareness of responsibility of various entities is different and depends on a number of factors.

Signs

Delicacy is a condition that occurs with a certain age and mental state. The first sign is considered key. Legal entities also have tort. Its features in this case will be the purpose of the activity and the normative structure of responsibility. They depend on the organizational form of the legal entity.

Age

Legal liability is provided for a certain category of citizens. Legislation includes persons who have reached a specific age. The age limits established by the norms are determined by a different scope of opportunities, which depends on the psychological maturity of the citizen. As mentioned above, the age at which a person’s tortability comes is 16 years. However, for some crimes, citizens of 14 years can be held accountable. They are classified as severe or especially severe. A complete (exhaustive) list of them is established in Art. 20, part 2 of the Criminal Code of the Russian Federation. legal capacity tort

Exceptions

Meanwhile, there are cases when, even when the legal age is specified, legal liability does not occur. For example, criminal punishment does not apply to citizens with a mental retardation that is not caused by a nervous breakdown. Thus, even if tort has occurred, this does not mean that a person can be held accountable for a crime.

Researchers Opinion

In view of the foregoing, a question arises regarding the interpretation of the wording used in the law as “developmental delay that is not associated with a mental disorder”. According to psychologists, the provisions of Art. 20, part 3 and Art. 22 of the Criminal Code are not agreed.

In practice, there are cases when a teenager is exempted from responsibility in the absence of a mental disorder, but in the presence of a developmental delay related to social and pedagogical neglect. At the same time, an adult suffering from oligophrenia, who has a deep remission of the schizophrenic process, is recognized as responsible, but cannot fully understand the danger and the actual nature of his actions, is prosecuted. In the latter case, there is no tort. This, however, is not an obstacle to the application of criminal punishment to a citizen. Thus, the problem remains unresolved. administrative tort

Adulthood

According to experts, it is impossible to unambiguously assign a person of 18-20 years to adults.It is now clear that by the time of coming of age, the worldview has not yet been formed so much that it could be fully compared with the perception of an adult. A persistent opportunity to resist the negative phenomena of the world usually appears by the age of 21. It is this age, according to experts, that can be fully considered the moment when tort comes. This conclusion is reflected in the laws of different countries.

Mental condition

This is the second sign that makes up the subject's tort. This criterion stands out in connection with the presence of guilt in any crime. It is considered as the psychic attitude of the violator to his illegal actions / omissions, as well as their consequences. Accordingly, deviations in a person’s state are reflected in his ability to be responsible for his own behavior. subject's tort

The main mental disorders

As a rule, among criminals suffering from disorders, patients with schizophrenia and having organic brain lesions are found. Some subjects develop transient mental disorders. As a rule, they are expressed in psychoses and reactive states with depressive-paranoid syndrome. This group also includes patients suffering from oligophrenia with a pronounced degree of debility.

With a variety of variants of disorders, all observed citizens clearly reveal pathological motivation for committing socially dangerous acts. Crimes are committed by them for painful reasons or in a state of frustrated consciousness. face tort

The contradictions in the interpretation

They are identified by analyzing the provisions of existing codes. In particular, according to the Civil Code, tort is associated with legal capacity. Accordingly, a person who does not have the latter does not have the first either. In this case, the presence of a mental disorder acts as a medical criterion, which does not allow a citizen to realize the importance of his behavior and to manage it. The law also provides for administrative tort. Its absence is associated with the presence of a chronic or temporary mental disorder, a painful state of the psyche, or dementia.

Tax Code in Art. 111 gives a definition of insanity. The norm explains that it is understood as a condition in which a citizen cannot be aware of the actions and control his behavior in connection with the disease. In accordance with the foregoing, the establishment of criteria for non-functioning shall provide for a single criterion for all normative acts. Some experts believe that it is enough to use only the term "mental disorder". Meanwhile, this point of view is considered very controversial. This is due to the fact that the presence of only a mental disorder does not allow the subject to be recognized as being ineligible. In this case, violations can manifest themselves in different ways. Some people objectively lose the ability to control their own behavior, while others are periodic. concept of tort

Legal criteria

An analysis of it also reveals some uncertainty. For example, according to the Tax Code, a legal criterion stands out as a lack of ability to understand and manage one’s own behavior. Moreover, in accordance with the general principles of civil relations, a person must also understand the social danger, harmfulness, illegality of inaction / action. This is indicated by the Criminal Code.

In the Civil Code, only the lack of the ability to realize the value of one's own behavior and to direct it is named. In the Administrative Code there is an indication of a misunderstanding of the actual nature and illegality of the actions. Given the above, we can conclude that the awareness of wrongfulness takes place only when there is the ability to recognize the threat to society.In this regard, the vague wording present in the Tax Code allows any deviations, not just mental disorders, to be impaired.


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