FEATURES OF CRIMINAL LIABILITY OF MINORS
Authors:
Type:
Article
Pages:
from
to
Status:
Published
Received:
14.06.2024
Accepted:
16.08.2024
Published:
10.10.2024
Language:
Russian
Keywords:
criminal law, criminal liability of minors, types of punishments, compulsory measures of educational influence
Abstract (English):
Introduction. There has been a long-standing controversy in the doctrine of criminal law about the possibility of criminalizing 12-14-year-olds who have committed crimes, as well as younger minors. Proponents of lowering the minimum age of criminal responsibility often cite the example of foreign experience and foreign legislation of both Western and eastern countries, in which one or another system of differentiation of criminal liability in relation to minors is implemented in various variations. The following trends are described as independent arguments: the rejuvenation of juvenile delinquency, its feminization, the increase in the number of crimes committed as part of groups, the special cruelty of individual intentional crimes of minors. The position is supported by references to research on the formation of a conscious understanding of the prohibition and punishability of the most pronounced antisocial acts among minors at an earlier age. In turn, opponents of lowering the minimum age established in the current Criminal Code of the Russian Federation cite counterexamples, the essence of which is to increase the average age of mental maturity of modern adolescents (18 years for girls, 20 years for young people). Research methods. The work used a general scientific dialectical method of cognition of the surrounding reality, which involves a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, both general scientific (analysis, synthesis, deduction, generalization) and private scientific methods (formal legal, comparative legal and documentary methods) were used. Results. In the course of the study, the authors conclude that for the effective implementation of the state criminal policy in relation to minors, along with the regulation of the types of punishment imposed on this category of persons, a broad integrated approach is needed, implying systematic generalizing and specialized criminological studies of juvenile delinquency, the restoration of state and municipal systems of adolescent leisure, further improvement of the crime prevention system and the re-socialization of minors on the basis of the development of specialized programs and institutions.
Introduction. There has been a long-standing controversy in the doctrine of criminal law about the possibility of criminalizing 12-14-year-olds who have committed crimes, as well as younger minors. Proponents of lowering the minimum age of criminal responsibility often cite the example of foreign experience and foreign legislation of both Western and eastern countries, in which one or another system of differentiation of criminal liability in relation to minors is implemented in various variations. The following trends are described as independent arguments: the rejuvenation of juvenile delinquency, its feminization, the increase in the number of crimes committed as part of groups, the special cruelty of individual intentional crimes of minors. The position is supported by references to research on the formation of a conscious understanding of the prohibition and punishability of the most pronounced antisocial acts among minors at an earlier age. In turn, opponents of lowering the minimum age established in the current Criminal Code of the Russian Federation cite counterexamples, the essence of which is to increase the average age of mental maturity of modern adolescents (18 years for girls, 20 years for young people). Research methods. The work used a general scientific dialectical method of cognition of the surrounding reality, which involves a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, both general scientific (analysis, synthesis, deduction, generalization) and private scientific methods (formal legal, comparative legal and documentary methods) were used. Results. In the course of the study, the authors conclude that for the effective implementation of the state criminal policy in relation to minors, along with the regulation of the types of punishment imposed on this category of persons, a broad integrated approach is needed, implying systematic generalizing and specialized criminological studies of juvenile delinquency, the restoration of state and municipal systems of adolescent leisure, further improvement of the crime prevention system and the re-socialization of minors on the basis of the development of specialized programs and institutions.
Keywords:
criminal law, criminal liability of minors, types of punishments, compulsory measures of educational influence
criminal law, criminal liability of minors, types of punishments, compulsory measures of educational influence
