Criminal law is based on a number of conditions and ideas. This article will detail the basic principles of criminal liability.
The meaning of criminal principles
Despite the fact that there are various principles of criminal liability, all of them more or less coincide with the principles provided in the law. But what are these principles in general? Any cultural, moral, ethical, legal or political views or traits that are consistent with the provisions of the Russian Constitution and stemming from the socio-economic nature of society can, in one way or another, be called the principles of a particular legal sphere. But why are they needed and what role do they play? When answering this question, it should be remembered that the regulation of criminal procedural tasks would simply be impossible without clearly defined tasks, goals and ideas. Thoughts embodied in Russian criminal law are capable of characterizing the content of this law, as well as its branches, institutions and norms.
Neither the rational implementation of criminal tasks, nor the meaningful setting of goals would be simply impossible without the presence of clearly formulated and specific principles. In Russian law, any deviation from established ideas and conditions will entail a violation of the provisions of the law.
About the system of principles
The current principles of Russian law are the result of a long and meaningful work of philosophers and scientists. Over a very long period of time, ideas about humanism, legality and justice were developed. It is on these ideas that the Russian constitution is built, which all other normative acts must comply with.
Existing principles of criminal liability can be divided into the following groups:
- special ones - those that reveal the quality features of a particular branch of law;
- general - characteristic of any branch of law.
Criminal liability in the Russian Federation is regulated by the Criminal Code. It is in this law that contains all the basic conditions and ideas on which the provisions of the presented normative act are built. The Criminal Code of the Russian Federation identifies six basic principles - both general and special. They will be described later.
Equality before the law
The first and most important criminal principle states the equality of all citizens without exception before Russian laws. Criminal liability awaits any persons who have committed a crime. There is no dependence on gender, language, race or nationality, place of residence, position, worldview, etc. The presented principle takes into account, first of all, the absence of any advantages or concessions for individuals.
The principle of the equality of all citizens before the law is consistent with article 19 of the Russian Constitution, which also refers to equality. However, it should be remembered that equality before the law and the selection of penalties are somewhat different things, and therefore do not forget that punishment, in contrast to prosecution, will always be individualized.
Legality as a principle of criminal responsibility
Not a single branch of Russian law does without the principle of legality. This is due to the fact that any legal norm must strictly comply with the basic law of the country.It is because of this that the principle of legality is sometimes referred to as the principle of constitutionality.
According to the principle presented, any actions of judges, investigators, prosecutors and other officials must be consistent with the Constitution and the Criminal Code. The idea of legality consists of two essential provisions:
- there is no punishment if it is not prescribed in the law (the sanction for a particular act must be clearly fixed in the normative act);
- there is no crime if it is not fixed in the law (here the condition "everything that is not prohibited by law is permitted" applies here).
The principle of legality corresponds to the condition of expediency, according to which any acts of an expedient nature must comply with the law.
About the principle of guilt
The principle of guilt is established in article 5 of the Russian Criminal Code. It has another name - the condition of subjective imputation. The essence of the presented condition is simple: no citizen can be held criminally liable under the Criminal Code of the Russian Federation if his own guilt is not established by the court. In order to impose liability and apply sanctions, the very fact of committing a socially dangerous act must be proved, and concrete results of the deed must be visible. Moreover, guilt itself can take two forms: in the form of negligence and intentionality.
What is the fault at all? According to the law, this is a set of strong-willed, intellectual or any other aspects that formed the attitude of the criminal to the committed act of a socially dangerous nature. The imposition of criminal liability for causing innocent damage cannot be allowed. It is also worth paying attention to the statute of limitations of criminal liability, which also eliminate the guilt of a citizen. According to article 78 of the Criminal Code, a statute of limitations is set at 2 years for crimes of light gravity, 6 years for violations of the law of moderate gravity, 10 years for serious crimes and 15 years for especially serious.
About the principle of justice
Article 6 of the Criminal Code of the Russian Federation enshrines the idea of justice. What exactly is she? According to the law, both the punishment and any other criminal legal measures must be fair. Despite some vagueness of the concept of “justice”, the Code is talking about individualization, which allows us to clarify everything. The fact is, the election of a measure of punishment for a particular person is the function of a judge. 
The judge is an ordinary person, and therefore often can be too subjective to monitor the situation. The principle of justice implies the duty of judges to be more objective, independent of their own views and opinions. Representatives of the courts should rely only on the law and act in accordance with it.
When considering the concept of justice, it is necessary to take into account various features of criminal liability, namely, mitigation in certain cases of punishment, legal aggravation of a sanction, protection of the rights and freedoms of citizens, etc.
On the principle of humanism
The principle of humanism is enshrined in the second chapter of the Russian Constitution, which describes the rights and freedoms of man and citizen. It is the priority of interests, freedoms and individual rights that is the highest humanistic value.
The presented principle includes the obligation of the state and the person himself to protect and observe civil liberties and rights enshrined in the law. Here it is worth recalling two important circumstances:
- Article 7 of the Criminal Code guarantees human security in Russia.
- Types of sanctions as punitive measures and other criminal procedural methods should not violate basic human rights and freedoms. A person must not be subjected to physical or psychological suffering, torture, humiliation, etc.
The two circumstances presented constitute a two-pronged humanistic system, which is the most important principle in the criminal law of the Russian Federation.
How do criminal liability principles work?
I must say that all the above ideas and conditions for implementing the provisions of the Criminal Code of the Russian Federation are unofficial in nature, although they are enshrined in the relevant articles. So, if the principles disappear from the law itself, they will not cease to act. After all, it is precisely on the six conditions presented that the entire work of the criminal branch of Russian law is based.
Does the fact of the declaration of principles in the Criminal Code of the Russian Federation increase their significance and role? Around this issue there is a lot of controversy among legal experts. However, the ideas and conditions on which law is based are not a "dead" scheme. All provisions were deduced and formulated by scientific methodology, and therefore have been effective for many years.
About the age of criminal responsibility
The issue of the age of criminal responsibility is also very relevant and important. All provisions in this area have been worked out in strict accordance with the principles outlined above.
For the majority of crimes that are serious and intentionally committed, responsibility begins from the age of 14, the age of partial legal capacity. These include murder, rape, abduction, and more.
For larger crimes, responsibility comes from 16 years old. It is worth highlighting high treason, banditry, terrorism and so on. Finally, the full age of criminal responsibility comes at 18 years of age - the age of majority. Adults can be convicted of something large and serious. A simple example: a person of 15 years took part in the riots, but was punished only for beating. The adult citizen was also responsible for the riots.