How does the law apply to juvenile offenders? Types of punishment that apply to a minor

The topic of the question of how the lawrefers to juvenile offenders, in our time is one of the most acute, debatable and relevant. It's hard to argue with that. If you believe statistics, the number of particularly serious crimes committed by young citizens of our country, is growing every year. Many people rightly believe that in relation to them it is necessary to apply the same penalties as to adults, by motivating it with awareness of the acts being committed. On this score, there are many opinions, but first of all I would like to turn to the provisions prescribed in the law.

Article 20 of the RF Criminal Code

Before talking about how the lawrefers to juvenile offenders, it is necessary to note the age limits prescribed in Article 20 of the Criminal Code of the Russian Federation. It says that the person starts criminal responsibility from the moment he turns 16 years old.

However, in the same article, a list ofcrimes, at which the citizen will be presented to the court, even if he is only 14. And the list is impressive. Here are a few of the crimes that it includes: murder, kidnapping, harm to health, robbery, robbery, extortion, terrorist activities, vandalism, hooliganism ... And this is not even 1/10 of the list.

Article 20 provides for exceptions, withwhich the minor who committed the crime (even at the age of 14 to 16) can avoid responsibility. This applies to those teenagers who are lagging behind in mental development. But even if such a feature exists, it will be necessary to prove that the minor did not realize his actions and their consequences during the crime.

Fine

The types of punishment that apply to a minor differ in severity (like crimes). And the penalty is the most innocuous.

It can be designated as the primary,and additional punishment. By a court decision, the fine is often collected from the parents or guardians of the offender. But only if they agree to this. In addition, the court, before imposing a fine, must verify the solvency of the legal representatives of the offender and himself. What happens if you avoid paying? The court seizes in the manner prescribed by applicable law. Simply put, the case is transferred to the bailiff-executor.

Prohibitions and duties

Legislation on liabilityThe minors say that, in addition to the fine, offenders may be banned from engaging in any activity. This is usually an additional punishment.

Most often juvenile offenders are attracted tocompulsory work, which they must serve in a time free from study. They are appointed, as a rule, taking into account the physical characteristics of the adolescent. Terms are regulated by law. For citizens aged up to 15 years, they are 2 hours a day. Teenagers from 15 to 16 are supposed to work 3 hours. The total minimum working time is 40 hours. The maximum is 160.

Perform them necessarily. In the event that a juvenile delinquent begins to evade, he may be arrested and imprisoned. Such application to juveniles of coercive measures is due to law. And, to be more precise, the third part of Article 49 of the Criminal Code of the Russian Federation.

Corrective labor

They also often punish juvenilescriminals. Correctional work they have to serve in a place that was determined by local government. The minimum period is 2 months, as for adults. The maximum is 1 year.

As a rule, corrective work is assigned to adolescents who do not study in schools and other educational institutions. The place where they serve their sentence is in the area of ​​their residence.

The size of deductions from wages is5-20%. However, defining them, the court takes into account the financial situation of the adolescent, the presence in the family of dependents and other nuances. In case of evasion from correctional labor, a juvenile offender may be arrested. Or imprisoned. The calculation is as follows: 1 day of arrest for 2 missed days.

Deprivation of liberty

Now you can talk about more seriouspunishments. Often, many offenses among minors are punishable by arrest. This punishment implies the detention of a juvenile offender in conditions of strict isolation from the outside world and society. The minimum period is equal to a month, the maximum is four. The first part of Article 54 of the Criminal Code gives the court an opportunity to establish an arrest and for less time. However, only in those cases when he is appointed instead of correctional or compulsory works.

The deprivation of liberty is appointed least often, inexceptional cases. What criminal responsibility of minors can be accompanied by such punishment? The one to which adolescents are involved for committing serious crimes (they are spelled out in article 20). However, there are deadlines.

For teenagers up to 16 years old - a maximum of 6years imprisonment. In the event that the crime was particularly serious, the term is increased to 10 years. The same goes for teenagers over 16 years old. Only a period of 10 years can be set by him irrespective of the gravity of the crime committed.

Proceeding from this, it is possible to answer the question ofhow the law applies to juvenile offenders. Fair, but taking into account age-old nuances. Although, of course, there are cases in which juvenile offenders remained unpunished, despite the deliberately committed terrible acts. But this is another topic.

Appointment of punishment

About this process, too, is to say a few words. And its implementation also shows how the law applies to underage offenders. The fact is that when assigning punishment to a juvenile offender, he is taken into account in what conditions he lives, what level of upbringing and mental development he has, personal characteristics, family, parents. After all, it is not uncommon for adolescents to be on the wrong path because of the influence of older persons on them.

As early as Article 89 of the Criminal Code of the Russian Federation it is said that a minor is a mitigating factor that the court takes into account when passing a sentence. But aggravating circumstances are also taken into account.

Deprivation of liberty is appointed by the court only in the event that the authorities decided: it is not possible to correct a teenager without isolating him from the society. In the verdict, everything is motivated.

Manifestation of humanity

Often juvenile offenders are exempt frompunishment. But in this case, all the same, the prevention of offenses among non-juveniles is necessarily carried out. And to release the teenager from responsibility can in the event that it has appeared is involved not to especially grave crime. And to petty theft, for example. In this case, the court will conduct and apply measures of educational influence. They are provided for in Part 2 of Article 90 of the Criminal Code of the Russian Federation. But for the crimes listed in Art. 20 of the Criminal Code of the Russian Federation, release is not allowed. Since those violations are irreparable harm to society and other people.

In special cases of a teenager who has committed an averageor a serious crime, can be placed in a special closed educational institution. There professionals will be engaged not only in its correction. But still training, education and instilling the qualities necessary for a normal person. The maximum stay can be 3 years. But after reaching the age of 18, the adolescent will leave the institution.

Arbitrage practice

It should be noted that the process in whichA juvenile offender is brought before the law, carried out in the same way as in the case of adult citizens. It is supposed that justice in such situations should be directed to the application of those measures of influence that would help to allow maximum investigation of the circumstances of the committed violation.

Also, during the process, freedoms are taken into account,rights and duties of minors. In Ukraine, Russia and other countries, this is mandatory, since it demonstrates an adequate, unbiased attitude to the defendant. And for this reason, the most experienced judges, capable of making a fair, justified, lawful and motivated verdict, are involved in the investigation of cases involving juvenile offenders.

The detention is practiced, but only as an extreme measure. And only in relation to persons suspected of committing crimes from an average severity to particularly serious.

Right to defense

Minors face them as they doother people. This provision is noted in Article 16 of the Code of Criminal Procedure. They can realize this right both independently and with the help of a defender. If a minor does not have the opportunity to invite him, then his presence is ensured by the court.

By the way, the questioning of a minor suspectis carried out only in the presence of a teacher or a psychologist. It's the same if a teenager is over 16 (but under 18) and lags behind in mental development. Also, the meeting must necessarily be attended by parents, guardians or legal representatives of a teenager. But it happens that the suspect does not. Then a representative of the guardianship or trusteeship authority is present at the trial.