In the Criminal Code of the Russian Federation, in Art. 92 the conditions for the release of minors from punishment are prescribed. For this, the committed misconduct should not be dangerous for the surrounding society, and correction can be achieved by less stringent methods. The court carefully examines the criminal acts of juvenile delinquents. When deciding on the release of minors from punishment, they examine the criteria, signs and circumstances of unlawful acts that prompted them to transgress the line of law.
Legislative limit
Legal acts clearly explain when criminal liability arises in Russia. A legal act from the Criminal Code of the Russian Federation, which affects the release of minors from punishment, is valid until the age of 14. If the offender has crossed the age limit, his defense ceases with this provision when committing:
- killings;
- deliberate bodily harm to a moderate or severe degree;
- sexual harassment.
Healthy mentally and sane persons are responsible for malicious violations of the law.
In what cases are not punished?
From the age of 16, a citizen will answer on a common basis, if medicine does not prove:
- mental retardation;
- mental retardation;
- the existence of diseases related to disability.
There are various legal measures to isolate a criminal dangerous to society at any age. The release of minors from punishment is provided for minor misconduct and does not mean that punishment will not overtake a person for committing serious atrocities.
Weighted list
For a complete acquaintance with the grounds on which persons are not punished for crimes, you need to turn to the Criminal Code, Article 75. When the case contains objective and subjective conditions, when the circumstances are combined, they allow the judge to demand the release of juvenile criminal punishment. First of all, the criteria should be present:
- The person for the first time violated the law.
- A citizen voluntarily appeared to the police with a confession.
- Active remorse is visible.
- A perfect misconduct is qualified as a violation of moderate severity.
- Assisting in the disclosure and investigation of an unlawful act.
- Compensated for damage.
- No signs of public danger.
- The competent government authorities are convinced that the release of minors from serving their sentences is advisable.
The juvenile delinquency is a mitigating circumstance. The court takes into account the totality of all factors, considers the possibility of influencing the misconduct of young adult individuals.
Definition and influence of mental disorders
Article 20 of the Criminal Code of the Russian Federation gives a clear idea of the release of minors from criminal liability and punishment. There will be no punishment even if the offender is 16 years old, but he:
- retarded in mental development - this does not apply to mental disorder;
- He did not realize that he was doing atrocities dangerous to society;
- his condition, mental retardation did not allow the management of illegal actions.
A medical examination gives an opinion on the level of development and mental state of the patient. When considering cases involving minors, such a determination from a medical consultation is mandatory.
What indicators are required?
To release minors from responsibility and punishment for serious crimes, a significant evidence base is needed:
- mental disorders, since in this case the offender is not relieved of responsibility, but the punishment is replaced by compulsory treatment;
- the existence of mental underdevelopment;
- the effect of backwardness on the commission of a malicious act.
In any legal proceedings, defense attorneys look for circumstances that mitigate the punishment and facts that partially justify the criminal offense.
How are competent criminals judged?
If no medical indicators are recorded, the judge will consider (depending on the severity of the crime) the possibility of applying educational measures to correct the teenager. There are a number of closed educational institutions where they use:
- educational influences as a compulsory measure for correction;
- special conditions of detention;
- training with a special pedagogical approach.
In such institutions there are persons under 18 years of age, but not longer than three years. If the convict himself wishes to stay in order to complete the educational process, they are welcomed.
Grace periods
For crimes committed by minors, there are separate statutes of limitations. In the Criminal Code of the Russian Federation, Articles 78 and 83 indicate the expiration of the statute of limitations for criminal offenses, depending on the severity:
- for inflicting minor harm to the injured person or society, the liability is canceled after 2 years;
- for committing an offense with inflicting medium-sized damage the punishment is not applied after 6 years;
- serious crimes are special, they will be punished for 10 years;
- for especially serious atrocities will not be punished if it takes 15 years after their commission.
When the offender evades legal proceedings, the terms are suspended.
Parole of minors
The Criminal Code of the Russian Federation in article 90 considers punishment with conditional release on condition that educational measures of influence are applied to the minor. This requires a formal basis when the misconduct occurred for the first time. On the material side, the correction of a teenager by coercive measures is considered. When investigating a case, they take into account the existence of a confession in the act. Investigators should be critical of him, as adolescents have self-incrimination because of:
- a false idea of partnership, they take the blame of others on themselves;
- fear of criminal prosecution or a real criminal.
The level of punishment is determined by:
- by the nature of a specific crime;
- personality traits;
- life circumstances.
Then the materials are transferred to a specialized state body that will appoint a measure for correction, but it is not a punishment, this procedure is called compulsory educational impact on a teenager.
Features of leisure restrictions
Parole from serving a sentence of minors consists in transferring them under the supervision of relatives or adoptive parents. If damage has been caused to victims of an unlawful act, the person who committed it can compensate for material damage, provided that it receives income. The direct educators of the offender - parents, adoptive parents, trustees, are exempted from the obligation to pay damages if it is proved that the harm was done not through their fault. When a conditionally convicted person comes under the supervision of elders, this means that they are entrusted with monitoring the further behavior of the teenager. Parents are obliged to limit his leisure, to establish special requirements for the actions of the ward. He is prohibited from visiting:
- bars;
- discos;
- all entertainment venues where alcohol is sold.
Persons are not allowed to:
- drive vehicles;
- leave home in the evening after 21.00;
- to leave the village without special permission.
A specialized body in which a teenager is registered, manages his free time and may require to get a job, to contribute to employment. If a teenager ignores the established rules of behavior, they are changed educational measures of influence with the sending of materials to the judicial authority for sentencing under the Criminal Code of the Russian Federation.
The mechanism for the release of persons under the age of majority from punishment, together with a legal institution that excludes criminal liability, operates for humane reasons. The legislator believes that people at a young age can be corrected without strict measures that can leave an unfavorable mark in their biography for life. At the same time, getting rid of sanctions serves as a form to realize criminal liability in court. The verdict passed gives a legal assessment of the wrongful acts with the provision of a soft way out of the situation without a substantial penalty. The judge is given the right to decide which measure to apply:
- release according to PMVV (use of compulsory educational measures);
- conditionally protect freedom;
- put in a special institution closed.
When the verdict is announced, the court is obliged to justify the need for these measures. If a teenager has to live in a specialized institution, then there are reasons:
- lack of proper parental control;
- there are regular violations of the rules of conduct;
- recorded addiction to alcoholic beverages.
With good behavior, a teenager can be released from the institution on the basis of a petition submitted to the court by the administration and a positive profile.