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Types of punishments imposed by minors. Criminal law

Over the past years, the number of crimes committed by citizens of the Russian Federation as a teenager has been steadily increasing. In addition, the proportion of serious criminal misconduct, characterized by selfish and violent motives, remains extremely high. Vandalism, cruelty, aggravated by the state of intoxication, crimes committed in complicity with a group of people - all this goes to children under the age of 18.

Compliance of the criminal legislation of Russia with international regulations

Despite such a young age, they cannot escape full-fledged punishment corresponding to guilt. The above-described features of juvenile delinquency have forced the legislature to carefully regulate in the legal acts the criminal liability of minors.

The existing Russian legislation provides for a whole section that determines the types of punishments imposed by a minor in the Criminal Code of the Russian Federation. It should be noted that when drafting this legal act, delimiting the area of ​​responsibility of persons under 18 years of age, the fundamental principles of humanity and humanity were taken into account. types of punishments imposed on minorsThe Criminal Code of the Russian Federation in this part is fully approved by the UN, as it complies with the Standard Minimum Rules for the Administration of Justice for Teenagers (international treaty drawn up in 1985).

What penalties can be applied to minors?

The types of punishments imposed by minors constitute a system of penal education based on the main goals of influencing the perpetrator. The criminal code of our state, which entered into force exactly 20 years ago, as well as taking into account changes and amendments made in 2003, does not include any uncharacteristic special measures for persons who have not reached full legal capacity. However, the list of legal measures below is specifically limited to six of their varieties. Types of punishments imposed by a minor are:

  • payment of the corresponding fine;
  • a ban on engaging in certain activities;
  • forced correctional labor;
  • public Works;
  • arrest;
  • deprivation of liberty.

Comparing with the penitentiary system for an adult group of criminals, you can easily notice some differences. Based on the characteristics of labor and educational activities, the following types of punishments imposed by minors do not apply:

  • deprivation of an honorary, military or special rank;
  • service restrictions;
  • restriction of freedom.

The death penalty in legal states

In the modern penitentiary system of post-Soviet states, similar legal measures for convicted persons apply. In particular, the types of punishments imposed by a minor in the Republic of Kazakhstan (the Republic of Kazakhstan) or Ukraine also do not contain clauses on the deprivation of ranks or restriction of liberty.

Despite the fact that the death penalty is not imposed today, earlier for those guilty who have not reached the age of majority, they have replaced it with life imprisonment. The types of punishments indicated in the Criminal Code of the Russian Federation that are imposed by a minor on the basis of this regulatory document are thus provided for absolutely all convicted offenders.

Differences between “adults” and “teenage” punishments

The visual features of the application of these lawful actions in relation to persons under the age of majority are several differences from the punishment system used for adult criminals. In addition to the number of species differences in sentences, of which there are exactly 6 in Russia for adolescents, there are significant time limits.

The penitentiary system of the Russian Federation, operating on the principle of “from lenient to harsher punishment,” is intended to orient the trial on the importance of a thorough qualitative analysis of all the opening circumstances of a criminal case. It is extremely important during the meetings and preliminary pre-trial investigation to take into account the identity of the guilty teenager, to collect multiple characteristics from educational institutions, to obtain objective evidence from persons familiar with the guilty.the punishment of imprisonment imposed by a minor The court should pay special attention to establishing the reasons for the commission of a specific crime and to understand the true motives of the unlawful actions of the young offender.

The expected results of the penitentiary impact on the offender

From the moment of committing a serious criminal act, criminal responsibility of minors. The types of punishments imposed by a minor are applied by the court when approving executive legal measures in order to effectively correct the offender himself. At the discretion of the court, a penalty must be imposed which:

  • can positively affect the legal behavior of a teenager;
  • implement the function of general prevention;
  • fully restore the balance of social justice.

Features of the application of the punishment system in Russia

It is known that some subspecies of punishment (in the form of imprisonment) imposed by a minor are used in extremely rare cases. The reason for this should be the judicial justification that the other penalties are not able to achieve the above re-education goals.

Depending on the severity of the crime falling under the specific sanction norm of the Criminal Code of the Russian Federation (article), the types of punishments imposed on minors are divided into two groups. They can be:

  • basic (arrest, execution of any forced labor, serving a sentence in a colony);
  • mixed (deprivation of the right to carry out certain activities and a fine).

The latest legal measures may be applied by the court, both basic and additional. In any case, they are established by the court individually.

Fine as a punishment for minors

Given that the types of punishments imposed on minors have similar contents in comparison with legal measures applicable to adults, to consider in more detail their some features is relevant.

The first type of punishment intended to affect a juvenile offender is a fine. He can be appointed regardless of whether the convicted person has the opportunity to earn his own money, whether he owns property or does not have any sources of independent income. Assigned to a person under the age of 18, a fine is often exacted from the parents of the teenager or his legal representatives. The largest fine imposed on juvenile delinquents may be 50,000 rubles.

Prohibition of engaging in certain activities

Since minors, due to their age and inconsistency with most professional requirements, as a rule, cannot occupy certain positions, it would be impractical to prescribe a ban on this in legislation. Hence, article 88 of the Criminal Code of the Russian Federation provides for the assignment of punishment to a teenager based on the prohibition of engaging in certain activities. In this case, the court determines the duration of the ban.types of punishments imposed on minors are

For the main type of punishment, a five-year term can be set, for an additional - 3 years, as well as for adult criminals. In fact, such a measure of restriction is imposed on adolescents who de jure and de facto can carry out legitimate legal activities.

The specifics of the performance of public works by minors

The next type of punishment, which is a new trend in the criminal legislation of Russia, is community service. In accordance with the Criminal Code, they can be appointed for a total period of up to 160 hours. This is a legal measure the execution by the convict of feasible physical work in his spare time from his main employment. Meanwhile, the legislator has limited the daily amount of work: they can not exceed more than 2 hours at the age of the offender to 15 years. Sixteen-year-olds must be served by court order compulsory work up to 3 hours a day.

As a rule, delinquent minors improve the streets, clean the areas, take care of the sick and elderly, carry out loading work and much more that does not require special qualifications.

Correctional work as a form of punishment for minors

Concerning correctional work then they are assigned to a person under the age of 18, otherwise. Unlike compulsory labor, this type of punishment is considered longer, since the total amount of correctional labor can last up to one year. The main difference between correctional works and public works is that the convicted person will be able to receive money for his work, but from his salary they will withhold from 5 to 20% of the income in favor of the state for the period established by the court.

Naturally, applying this type of punishment is possible only for adolescents officially employed in enterprises and organizations (commercial or state). The function of proper control over the course of the execution of the sentence is performed by the juvenile commission at local administrations.UK rf article types of punishments imposed by minors

If a person who has broken the law and has not reached the age of 18, evades the performance of one or another type of assigned work, the legal measure can be replaced by arrest, according to the Criminal Code of the Russian Federation.

Features of the application of arrest to a criminal under the age of 18

The types of punishments imposed by minors have recently been supplemented by the indicated legal measure. A decision to arrest may be made by a court in the form of a sentence to a person who has reached 16 years of age.

The maximum duration of an arrest may be 4 months. Close to a more severe form of punishment, such as imprisonment, arrest means for the convicted person restrictions on his movement and choice of occupation by one or another activity. At the same time, the place of his stay also changes: he spends all the time of his arrest in specially designated institutions.

The arrest is an impact on the offender, whose task can be called the prevention and prevention of repetition of crimes. The arrest should have a “shock” effect for the teenager. Thanks to this criminal-executive measure of restraint, a juvenile offender will experience the whole negative of the inevitability of isolation for a longer period.

Imprisonment is the most severe punishment for adolescents

Types of criminal penalties imposed by minors, as mentioned above, include the imprisonment of a teenager for a certain period. This measure of influence on a criminal person under the age of majority is applied to adolescents of 14-16 years for a period of not more than 6 years. what types of punishments may be imposed on minorsWhen committing a particularly serious crime by an offender belonging to any age group of juvenile convicts, the court may impose a sentence of 10 years imprisonment with serving in educational colony. Other types of punishments imposed by a minor are applicable to a teenager who has violated the feature of the law for the first time and has committed a criminal offense of small or medium gravity.

What affects sentencing a minor?

When sentencing a criminal under the age of 18, many factors are taken into account that could one way or another become extenuating or aggravating circumstances. The court should know about:

  • the conditions of his education and residence;
  • level of mental development;
  • his orientation when committing a crime (violent, selfish or mixed).

Regardless of what types of punishments may be imposed on minors, the execution of the sentence sets itself only one task: re-educating the adolescent to prevent relapse and changing the perception of the young man aimed at achieving the desired results in a criminal way.


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