The topic regarding the issue of how the law relates to juvenile offenders is one of the most acute, debatable and relevant in our time. It's hard to argue with that. According to statistics, the number of especially serious crimes committed by minor citizens of our country is growing every year. Many people rightly believe that in relation to them it is necessary to apply the same punishments as to adults, motivating this with awareness of the committed acts. There are many opinions on this subject, but first of all I would like to turn to the provisions prescribed by law.
20 article of the Criminal Code
Before talking about how the law relates 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 a person begins to bear criminal responsibility from the moment he turns 16 years old.
However, the same article notes the list of crimes in which a citizen will be brought to court, even if he is only 14. And the list is impressive. Here is a small part of the crimes that it includes: murder, kidnapping, bodily harm, robbery, robbery, extortion, terrorist activity, vandalism, hooliganism ... And this is not even 1/10 of the list.
Article 20 also provides for exceptions in which a minor who has committed a crime (even between the ages of 14 and 16) can avoid liability. This applies to those adolescents who are lagging behind in mental development. But even with such a peculiarity, it will be necessary to prove that the minor was not aware of his actions and their consequences during the crime.
Fine
The types of punishments that apply to a minor differ in severity (like crimes). And the penalty is the most harmless.
He can be appointed as both the main and additional punishment. By court decision, a fine is often recovered from the parents or guardians of the offender. But only if they agree to this. In addition, the court, before imposing a fine, is required to ascertain the solvency of the legal representatives of the offender and himself. What happens in case of tax evasion? The court shall recover in the manner prescribed by applicable law. Simply put, the case is handed over to the bailiff.
Prohibitions and Obligations
The legislation on juvenile liability states that, in addition to a fine, violators may be prohibited from engaging in certain activities. This is usually an additional punishment.
Most often, juvenile delinquents are involved in compulsory work, which they must serve in a time free from school. They are prescribed, as a rule, taking into account the physical characteristics of the teenager. Dates are regulated by law. For citizens under the age of 15 years, they are 2 hours a day. Adolescents from 15 to 16 are supposed to work 3 hours. The total minimum duration of work is 40 hours. The maximum is 160.
It is imperative to carry them out. If the juvenile delinquent begins to evade, he can be arrested and imprisoned. Such enforcement of coercive measures against minors is required by law. And, to be more precise, the third part of the 49th article of the Criminal Code of the Russian Federation.
Correctional work
They also often punish juvenile delinquents. They have to serve correctional labor in a place that has been determined by local authorities. The minimum period is 2 months, as for adults. The maximum is 1 year.
As a rule, correctional work is prescribed for adolescents who do not attend schools and other educational institutions. The place where they serve their sentences is located in the area of their residence.
The size of deductions from wages is 5-20%. However, determining them, the court takes into account the financial situation of the teenager, the presence of dependents in the family and other nuances. In the event of evading correctional labor, a juvenile offender may be arrested. Or imprisonment. The calculation is this: 1 day of arrest for 2 missed days.
Deprivation of liberty
Now we can talk about more serious punishments. Often, many juvenile delinquencies are punishable by arrest. This punishment implies the maintenance of a juvenile delinquent in conditions of strict isolation from the outside world and society. The minimum term is one month, the maximum is four. The first part of the 54th article of the Criminal Code of the Russian Federation gives the court the opportunity to establish an arrest for a shorter amount of time. However, only in those cases when he is appointed instead of corrective or compulsory work.
Deprivation of liberty is appointed least often in exceptional cases. What juvenile criminal liability may be accompanied by such punishment? The one to which adolescents are involved in serious crimes (they are spelled out in article 20). However, there are deadlines.
For adolescents under 16 years of age - a maximum of 6 years in prison. In the event that the crime was particularly serious, the term is extended to 10 years. The same goes for adolescents over 16 years old. Only a period of 10 years can be established by him, regardless of the gravity of the crime.
Based on this, we can give an answer to the question of how the law relates to juvenile offenders. Fair, but taking into account the psycho-age nuances. Although, of course, there are cases in which juvenile delinquents went unpunished, despite the consciously committed terrible acts. But that is a different topic.
Sentencing
A few words should also be said about this process. And its implementation also shows how the law applies to juvenile offenders. The fact is that when sentencing a juvenile offender, he takes into account the conditions in which he lives, his level of education and mental development, personal characteristics, family, parents. Indeed, often adolescents are on the wrong path due to the influence of older persons on them.
In article 89 of the Criminal Code of the Russian Federation, it is said that minority is a mitigating factor taken into account by the court when passing a sentence. But aggravating circumstances are also taken into account.
The deprivation of liberty is appointed by the court only if the authorities decided: to correct the teenager without isolating him from society is not possible. Everything is motivated in the verdict.
Manifestation of humanity
Often juvenile delinquents are released from punishment. But in this case, all the same, crime prevention among juveniles is necessarily carried out. And a teenager can be released from responsibility if he was not involved in a particularly serious crime. And to petty theft, for example. In this case, the court will conduct and apply educational measures. They are provided for in Part 2 of Article No. 90 of the Criminal Code of the Russian Federation. But for the crimes listed in Art. 20 of the Criminal Code, exemption is not supposed. Since those violations are irreparable harm to society and other people.
In special cases, a teenager who has committed a medium or serious crime may be placed in a special closed institution of an educational nature. There, professionals will not only deal with its correction. But also by training, education and inculcation of the qualities necessary for a normal person. The maximum stay can be 3 years. But after reaching the age of 18, the teenager leaves the institution.
Arbitrage practice
It should be noted that the process in which a juvenile delinquent appears before the law is carried out in the same way as in the case of adult citizens. It is assumed that justice in such situations should be aimed at applying those measures of influence that would help to maximize the investigation of the circumstances of the violation.
Also during the process, the freedoms, rights and obligations of minors are taken into account. In Ukraine, Russia and other countries, this is mandatory, as this demonstrates an adequate, unbiased attitude to the defendant. And for this reason, the most experienced judges capable of delivering a fair, justified, lawful and motivated sentence are involved in the investigation of cases of juvenile delinquents.
Detention is practiced, but only as a last resort. And only in relation to persons suspected of committing crimes from moderate to especially serious.
Right to defense
Minors possess it in the same way as other people. This provision is noted in the 16th article of the Code of Criminal Procedure. They can exercise this right both independently and with the help of a defender. If the minor does not have the opportunity to invite him, then his presence is ensured by the court.
By the way, the interrogation of a juvenile suspect is carried out only in the presence of a teacher or psychologist. The same thing if a teenager is older than 16 (but younger than 18) and lags behind in mental development. Also, parents, guardians or legal representatives of the teenager must be present at the meeting. But it happens that the suspect does not have such. Then at the court there is a representative of the guardianship authority or guardianship.