Criminal liability. Comes with how many years? The minimum age of criminal liability.

What is criminal responsibility? Comes with how many years, with respect to whom and for what reason? All these questions are quite specific and concern many people, despite seemingly simple and precise regulation. Especially citizens are concerned about the age at which a person becomes a subject of a crime and can be punished, because this criterion often serves as an assistant in evading obligations to the state and society.

Criminal liability. Concept and features

Committing any offense, be itcrime or not, entails its consequences. Depending on the degree of severity, it is possible to determine which law will be applied to prevent and eliminate negative behavior. There are many options, but the most common, unfortunately or fortunately, is criminal liability. Under it is most often understood the application of measures of state coercion to the person guilty of a crime.

What exactly is committed by the authorities whenimplementation of this institution? All possible sanctions are clearly fixed in the law and do not allow deviations. There are even those measures that are not devoid of attention of the legislator, but are absolutely unacceptable in practice. There are also many problems in this area. The most popular is the one that is born of criminal responsibility. Comes with how many years, that is when? This often causes disputes between practicing lawyers.

Grounds

However, it is groundless to such meansyou can not resort. The slightest deviation from procedural norms entails the disintegration of the whole case, which does not have a beneficial effect on statistics in general. So, the only basis for bringing to criminal responsibility is the presence of a crime, that is, of all subjective and objective attributes. The absence of one implies the absence of the whole affair.

A lot of questions are connected with this institute. Since how many years is criminal responsibility in Russia, what is the procedure for its application? Of course, these aspects should be highlighted especially carefully, which the legislator does. The Criminal Code very clearly and in detail describes the important points, assigning to them independent standards, such an example may be article 20 of the Criminal Code of the Russian Federation, which will be considered below.

Differentiation of criminal responsibility

In the theory of criminal law there is no clearclassification of this institution. He does not allow subspecies or any other similar derogations. Moreover, there can be no division on the grounds, since it is altogether one, which completely simplifies the work in this area. However, scientists nevertheless resorted to some methods and were able to differentiate criminal responsibility.

In any distinction there should be a general criterion,which will be the impetus for determining specific species. In the case of criminal liability, they are the degree of public danger of a particular crime committed. Quite simply and even corny. Depending on this feature, three main types of criminal responsibility are singled out.

The first option is qualified. This kind surprisingly pushes back simple crimes, as if for them there is no criminal liability. It comes with how many years she is in this case, also a common question, but about this later. Next, the second view is privileged. The case when the act is committed, for example, in a state of affect. And the third option is exemption from such measures, that the phenomenon is absolutely not rare for modern practice.

Since how many years comes the criminal responsibility

Age of the offender is one of the necessary momentswhen forming the composition of an act. A lot can depend on this criterion: from the punishment measure to the question of whether its application is possible at all. So, what does the law say? Article 20 of the Criminal Code establishes a clear list of crimes for which a certain age of criminal responsibility is provided, and also says that sixteen years is the common boundary of attraction to it.

However, there are exceptions. As you know, always in the commission of a crime full criminal responsibility comes. From what age? Sixteen, as was said above. But are there any reservations? Certainly. The age of accountability may be lower, and maybe even higher. This question depends solely on which act, by whom it is perfect and what the circumstances were, the entire set determines one of the important criteria for the composition.

The upper and lower age limits of criminal liability

The society is often mistaken aboutsome issues related to the current legislation. Especially popular is an institution such as criminal liability. It comes with how many years it is, why, with respect to whom, what to do in this case - all this often turns into a complete misunderstanding from the citizens. In addition, these misconceptions mostly concern persons who have not attained the age of eighteen.

It is obvious to the lawyer that there is no difference in that,that the criminal, say, seventeen years or twenty-five. However, some members of the society are convinced that there is a difference, so there is such a question: for how many years does the juvenile's criminal liability come? So, the age remains the same. Sixteen years are common, but not the lowest, which means that almost every person who committed crimes will be punished.

As far as specific borders are concerned, they are simple. The minimum age limit for criminal liability is fourteen years. These cases are exceptions. For example, murder, rape, theft or terrorism. A complete and exhaustive list is fixed in the norms of Article 20 of the Criminal Code of the Russian Federation. If we talk about the maximum age, then it simply does not exist. Even if the person is under one hundred years old, this does not absolve him from criminal liability.

Problems in determining the age

The main difficulty faced bypracticing lawyers, is the question of whether the person has reached the necessary years to be held accountable. It would seem that it could be easier than looking at the passport. However, the whole point of the problem lies in the fact that psychiatrists have discovered such a phenomenon as limited sanity, which implies a person's lagging behind in development so much that he in his twenties can only be in thinking by twelve. In the event that such unique phenomena can be proved, to which lawyers often resort, and there are difficulties in bringing a person to justice, and this regardless of the gravity of the crime committed.