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Responsibility of minors: features. Administrative responsibility of minors

Human interactions are governed by a variety of norms. These include legal rules and moral principles. The degree of their commitment, the volume of requirements are different. In case of non-compliance or violation of norms, a person has to bear the punishment established by law and society. All this applies not only to adults. The society provides for the punishment and responsibility of minors. Let's consider them in more detail. responsibility of minors

Features of criminal liability and punishment of minors

They are installed in the Criminal Code. Criminal liability sets in for persons from 14 years of age for a number of crimes. In particular, preventive measures are provided for:

  1. Murder (v. 105).
  2. Deliberate infliction of grievous and moderate harm to health (Articles 112, 111).
  3. Rape (v. 131).
  4. Kidnapping (v. 126).
  5. Sexual Assault (v. 132).
  6. Robbery (161).
  7. Stealing (158).
  8. Robbery (v. 162).
  9. Misappropriation of a vehicle without intent to steal (Art. 166).
  10. Extortion (Art. 163).
  11. Intentional damage or destruction of another's property with aggravating circumstances (Art. 167, para. 2).
  12. Act of terrorism (Article 205).
  13. Vandalism (v. 214).
  14. Hooliganism with aggravating circumstances (Article 213, Part 2).
  15. Obviously false statement about a terrorist act (Art. 207).
  16. Extortion or theft of ammunition, weapons, explosive devices and explosives (Article 226).
  17. Depreciation (deterioration) of communication lines or vehicles (Article 267).
  18. Extortion or theft of psychotropic drugs or narcotic substances (Article 229).

The responsibility of minors for crimes under other articles of the Criminal Code comes from the age of 16. features of criminal liability and punishment of minors

Administrative Code of the Russian Federation

The administrative responsibility of minors is provided for by law from the age of 16. Consideration of relevant cases is carried out by the district (city) Commission (CLC). Their competence includes cases of minors who have committed:

  1. Dangerous to society acts under the age of 14 years.
  2. Offenses not established in the Criminal Code in the period from 14 to 16 years.
  3. Acts in respect of which the criminal proceedings were refused or terminated in the manner prescribed by the Criminal Code, aged 14-18 years.
  4. Violation of traffic rules (up to 16 years).
  5. Administrative offenses between the ages of 16-18. This category does not include cases of malicious disobedience to the requirement, the order of an authorized representative of law enforcement agencies, the law.
  6. Petty theft public or state property, hooliganism, violation of the rules for the use, storage and acquisition of ammunition and firearms. These cases are considered by the CLC only in cases where an employee or a body authorized to impose penalties transfers them to the Commission.
  7. Other antisocial misconduct.

Administrative responsibility of minors is also provided for evasion of work or study.

Impact measures

CAO establishes the features of responsibility and punishment of minors. In particular, for committed misconduct, a citizen must apologize to the victim in a public or other form. The responsibility of minors is also manifested in their reprimand or warning. If the teenager has independent earnings, then in case of damage to property, a fine may be imposed on him. Such liability for harm to minors is provided if the amount of damage is not higher than 1/2 minimum wage. A teenager may be required to repair defects by their own labor if their total cost is not more than 0.5 of the minimum wage. The specified responsibility of minors comes from the age of 15.If a teenager has reached the age of 16, then a fine may be imposed on him if he has independent earnings. The amount of the penalty is provided for in the legislative acts of state authorities.

juvenile criminal law

Educational measures

Minors who have committed unlawful acts may be transferred under the supervision of their parents or persons who replace them. A teenager may also be monitored by a public association or work collective with their consent. In special cases, the responsibility of a minor comes in the form of sending him to a medical and educational institution, with the exception of dispensaries for drug addicts. Vicious violators of public order or citizens committing especially dangerous misconduct can be placed in special institutions. Minors 11-14 years old are sent to special schools, 14-18 years old - to vocational schools. This measure can be established by the CDA conditionally with a trial period of 1 year. City (district) commissions may apply to guardianship and trusteeship bodies with proposals to deprive minors of their rights to independently manage their own scholarship or earnings.

Additional measures

The law provides not only the responsibility of minors. Parents of violators or guardians, guardians, adoptive parents in case of malicious failure to perform their duties, including raising and educating children, or for taking drugs by teenagers without a doctor's prescription, bringing the child intoxicated, committing traffic violations by citizens up to 16 years old, appearing in a public place drunk, drinking alcohol in the wrong territory, as well as other illegal actions may:

  1. To warn.
  2. Fine. The collection amount is set as follows:
  • 1/3 of the minimum wage for the appearance of a teenager under 16 when drunk or drinking alcohol in a public place;
  • 1 / 2-1 minimum wage for bringing a minor intoxicated.

Public censure also acts as a measure of influence. Responsibility for harm caused by minors provides for the imposition of an obligation to compensate for damage caused by a teenager if it does not exceed 1/2 the minimum wage.

The specifics of referrals to educational institutions

The decision to send a minor to a special school or orphanage if he has parents, adoptive parents or guardians may be taken without the consent of the latter in exceptional cases. Such cases include a prolonged absence of adults, a stay in prison, a prolonged illness, and so on. The referral of a minor to special medical and educational institutions may be carried out without the consent of the parents or persons replacing them by decision of the CLC. Cases of this kind should be considered with the mandatory participation of the prosecutor. holding juveniles accountable

Moral aspect

If we turn to the reference literature, then responsibility is interpreted as an obligation to account for the commission of any actions and the blaming for the consequences of their behavior. As mentioned above, the regulation of relations in society is carried out by moral and legal norms. Their action extends to human interactions with other people, the state, the collective, and society. The moral responsibility of minors, in essence, provides for the conviction of law-abiding citizens of the offender. For non-observance of established norms, a remorse, a feeling of shame for antisocial behavior should arise. Condemnation on the part of the collective, the state, and other individuals is manifested in the form of their expression of a negative opinion about the violator and his actions. Non-compliance with moral standards is expressed in the inappropriate behavior of a minor.For example, a teenager can be rude to adults, their peers, refuse to help a friend who is in a difficult situation. For violation of moral standards, society provides for the moral responsibility of minors.

The legal side of the issue

Among the norms through which the regulation of public relations is carried out, a special place is occupied by those whose enforcement is taken over by law enforcement and other state bodies. Such norms establish the specifics of liability of minors who have committed misconduct provided for by the Criminal Code, Civil Code and the Code of Administrative Offenses. The rules of conduct for all citizens, including those under the age of 18, are thus fixed in legislative acts. They govern the legal liability of minors. Legal norms are binding on everyone; they are protected by the state. Their observance contributes to the establishment of order in society. That is why special intolerance is caused by various deviations of citizens who have not reached the age of 18 from the established requirements. juvenile relief

Juvenile Delinquency: Judicial Practice

Hobbies in children are different. However, far from always it benefits the child himself and society as a whole. So, some schoolchildren in the evenings go out to quiet streets and blind alleys and wait for women hurrying home. Approaching their victim, they instructed her on some object that looks menacing in the dark. A woman in fright gives her bag, jewelry, phone. On this evening fishing teenagers ends. They return home, count the money. The amount may be different: sometimes large, sometimes very small. Valuables usually come true either to peers or older children. But such a “hobby” cannot last long, since the actions of such students fall under the norms of the Criminal Code. The law, as mentioned above, provides for the specifics of criminal liability and punishment of minors. In accordance with them, preventive measures for children and adolescents are set slightly different, in contrast to adults. Quite quickly, illegally trapped teenagers are arrested. They appear before the court as adults, but the punishment is milder for them than for adults. Depending on the severity of the deed, a measure of restraint is also chosen. So, for repeated extortion, a stay in a colony can be assigned.

Prerequisites for breaking the law

Cases are quite common when adolescents tend to shift their blame on other people, trying to remove it from themselves. This is understandable. To commit misconduct is not as scary as to be responsible. Different circumstances push juveniles to violate the law. This may be the negative impact of the environment, a difficult situation in the family. Nevertheless, you should know that in the end, the teenager chooses a model of behavior on his own in most cases. Juveniles are exempted if their guilt is not proved. So, a teenager can violate the law by coercion, under pressure, the threat of harm to his health or his loved ones. features of responsibility and punishment of minors

The specifics of the application of preventive measures

The prosecution of minors, as, in fact, adults, is strictly regulated by law. The innocent cannot be deprived or limited in his rights. Therefore, the fundamental element in this case is guilt. Responsibility for harm caused by minors comes only when adolescents' involvement in the commission of actions is proved, as a result of which damage was caused to the property or honor and dignity of the citizen.

Teen Motivation

How do teens embark on a criminal path? Often the craving for breaking the law is formed on the basis of ordinary laziness, lack of discipline, lack of desire to fulfill simple requests and recommendations of adults. The result of poor performance is the impoverishment of knowledge, skills, abilities. The student begins to noticeably lag behind classmates. As a result, relations with them deteriorate. In order to somehow compensate for the lack of communication, the teenager is looking for the same “lagging behind” people like him. As a result, groups of undisciplined pupils begin to form, which are commonly called "difficult" in an adult environment. Children begin to skip school, engage in extortion, theft. Growing up, some of them decide to stop all these activities, try to become useful to society. Others, on the contrary, continue to revolve in the criminal world, expanding the range and danger of their actions.

Other cases

There is another category of teenagers. They, as a rule, are successful in studies, behave well in school. Parents love them and protect them from all sorts of difficulties and worries. Such children outside their families and schools change their behavior very much. They are characterized by carelessness, the desire to get what they want in all ways, including illegal ones. They are not inclined to help parents at home. Their main feature is selfishness. Adults trying to stop such adolescents are met with contempt of the latter, disrespect. Minors are irresponsible in their duties, work, ignore moral principles and legal norms. They need money to meet their needs. In the process of obtaining them, adolescents use illegal methods. Such behavior over time leads to the destruction of internal values, degradation of the individual. With such a neglect of the interests of other people, the law, an offense becomes commonplace. Such adolescents are characterized by immoderate needs and an extremely low level of spirituality. legal liability of minors

General view of the problem

The offense is considered a direct consequence of the lack of spirituality, culture, caused by the desire for an easy life. Legal standards may prohibit not only the commission of any action, but also inaction, if it can lead to negative consequences. The most dangerous type of violation of the law is a criminal offense. Existing preventive measures for such acts apply to both adults and adolescents. The younger generation in Russia is protected by the state. The authorities are trying to do everything possible to ensure that minors receive decent upbringing and education, social guarantees. Work with adolescents is carried out not only directly in the family. In their development, children are under the tutelage of schools, public organizations, and PDN inspections.

Offenses committed by minors pose a threat to the future of the country. In this regard, the state establishes certain measures aimed at preventing and combating the illegal acts of adolescents. Those persons who, due to age, cannot be fully responsible for violations, are sent to educational institutions. In these closed establishments, preventive work appropriate enforcement measures are applied. For pupils strict control is established. They are obliged to obey the requirements, to observe discipline. Along with this, juvenile offenders study, participate in social events, work. All this suggests that, in the first place, the law is trying to influence adolescents who have gone the wrong way with educational measures. However, some of them, ignoring warnings, go for the re-commission of illegal acts. In this case, they have a more stringent responsibility.

Objectives of educational measures

Regardless of what responsibility the minor is brought to, coercive measures act not only as punishment for the deed. Their main task is the re-education of violators. Punishments are intended to show minors the danger of their actions not only for society, but also for themselves. Making a decision on the application of coercive measures, the authorized body, first of all, is based on the fact that the adolescent is aware of the illegality of his behavior, will draw the appropriate conclusions. Criminal liability is not provided for all children. In Russia, a certain age is established from which coercive measures can be applied to a citizen. In general cases, minors from 16 years of age are brought to justice for the corresponding violations. This means that society believes that from this age a person is fully aware of their actions, understands their consequences. In other words, he may well be responsible for what he did. The law provides for articles that describe particularly dangerous violations of the law (a list is given at the beginning of the article). The responsibility of minors for them is established from the age of 14. These violations of the law are quite serious, and it is sometimes difficult to imagine a teenager committing any of them. However, such cases are quite common in practice.

Finally

The problem of child crime is always under the scrutiny of the state. Sometimes serious violations begin with pranks. In this regard, much attention is paid in Russia to the issue of educating the younger generation. People who are parents or persons replacing them are responsible for the behavior of the child. They impose responsibilities for upbringing, maintenance, education. They are the first people to lay the foundations of morality and spirituality. An important role in the formation and development of the personality of the child is played by the school. Here, not only the principles that were laid down in the family are getting stronger and improved, but also knowledge and skills are being acquired, their horizons are expanding. For normal development, the child must comply with the established rules, norms. Of particular importance is discipline. However, this does not mean that children should be brought up in fear of the law and other people. Respect for norms and the ability to bear responsibility for one’s behavior, inadmissibility to commit unlawful actions, no matter what situation he is in, must be invested in a teenager.


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