Quite often, crimes are committed by minors. The legislation differentiates liability measures for these persons depending on the severity of the act and other factors. The basic rule governing sanctions against minors under the Criminal Code of the Russian Federation is Article 88.
Types of punishment
The first part of the above norm provides a list of sanctions that may apply to minors. Art. 88 h. 1 of the Criminal Code permits to impute:
- Fine.
- The ban on the implementation of any activity.
- Correctional or compulsory work.
- Restriction or imprisonment.
Cash recovery
According to Art. 88 h. 2 of the Criminal Code of the Russian Federation , a fine may be imputed in the event that the offender has independent earnings or personal property, and in their absence. In this case, material values should not be included in the list of objects for which foreclosure is not allowed. A fine may be imputed to parents or legal representatives by decision of the court and with the consent of these persons. The amount of recovery cannot be less than 1 thousand rubles. and more than 50,000 p. or make up the amount of the guilty income in less than 2 weeks. and more than six months.
Mandatory / correctional work
They are mentioned in part three of art. 88 of the Criminal Code . According to the norm, compulsory labor is allowed to be assigned for 40-160 hours, and correctional labor - no more than 1 year. At the same time, the minor is involved in activities feasible for him. Mandatory work is carried out in free time from the main professional activity or study. The duration of serving a sentence for persons under 15 years of age should not be more than 2 hours / day, and for subjects 15-16 years old - 3 hours.
Restriction / Imprisonment
The imposition of these sanctions is regulated by parts five and six of Art. 88 of the Criminal Code . Restriction of freedom is allowed for a period of two months. up to two years. According to part 6 of article 88 of the Criminal Code , imprisonment may be imposed on subjects from 16 years of age. Moreover, its duration cannot be more than 6 years. Minors who have committed acts of special gravity, as well as other persons 16-18 years old, may be sentenced to a term of not more than 9 years. Serving is carried out in educational colonies. In hours 6 tbsp. 88 of the Criminal Code are established and exceptions. Deprivation of liberty cannot be imputed to a minor convict who has committed an act of medium or minor gravity for the first time under the age of 16 years old, and other persons under the age of 18 who have been prosecuted for a minor offense for the first time.
Additionally
If a convicted juvenile serving a suspended sentence commits a new act during the trial period that does not qualify as particularly serious, the court, taking into account the circumstances of the case and the individual characteristics of the subject, may re-issue a decision on conditional punishment. At the same time, a new deadline is established. The court entrusts the convicted person with the fulfillment of certain duties established in part five of article 73 of the Criminal Code. In addition, the authority has the right to send an institution that implements the sanction an instruction to take into account some features of the identity of the minor when handling him.
Art. 88 of the Criminal Code with comments
In the legal literature, special attention is paid to the mildest sanction - the fine. It can be imputed as the main or additional punishment. At the same time, making a decision, the court must take into account that the law provides for categories of property that are not recoverable. This, in particular, the personal belongings of the subject (clothing, shoes, etc.), objects that he uses to carry out professional activities, cash necessary for existence, and so on. As stated in Art. 88 of the Criminal Code , a fine may be imputed to the legal representatives or parents of a minor, if they agree to this. The transfer of the penalty may be carried out before the sentencing or after the entry into force of the sentence. In the latter case, representatives or parents must write a petition. The court, in turn, is obliged to verify the voluntariness of the will, as well as the solvency of these persons. In addition, it is necessary to take into account the consequences of non-execution of a decision on the payment of a monetary penalty. If parents (representatives) evade repayment of the fine, then the writ of execution is sent to the FSSP. Recovery in this case is carried out in a general manner.
Involvement in forced labor
Mandatory work is imputed to minors, taking into account the physical condition. Attraction to them is carried out exclusively in their free time from their main employment (study or professional activity). The types of work, as well as the facilities on which the convict will perform them, are determined by the territorial structures of power. These bodies are obliged to coordinate their decisions with the criminal-executive inspection. Art. 88 of the Criminal Code limits the duration of the work. Duration of employment depends on age. In this regard, the court, in making the decision, must take this factor into account. In case of minor evasion of a minor from work, they can be replaced by more severe punishment. It can be an arrest or imprisonment. When replacing the sanction, the court takes into account the criteria for recounting the term established in article 49 of the Criminal Code (Part 3). Assignment of correctional work is carried out in accordance with the requirements of Art. 50 of the Code. The legislation establishes the only restriction for imposing this punishment - its term should not exceed a year.
Strict sanctions
These include deprivation and restriction of freedom. The latter is imputed, in accordance with the rules of article 53 of the Criminal Code. Moreover, the legislation establishes a number of rules. The court may impose a restriction of freedom, regardless of the category of crime committed by the person. This sanction is established as the main punishment. Its duration is 2-24 months. In exceptional cases, a minor may be sentenced to imprisonment. This takes into account the degree and nature of the social danger of the act, the circumstances and individual characteristics of the person. Under no circumstances shall a minor be sentenced to imprisonment if he commits a crime of minor gravity for the first time. A similar ban is set for moderate acts of subjects under 16 liters.
Time limit
Regardless of the punishment provided for by the norm of the Special Part, and the age of the subject at the date of sentencing, imprisonment shall not exceed:
- 6 years - for minors who have committed an act of up to 16 l. The crime in this case should be of small or medium gravity.
- 10 years - for minors who have committed an act of special gravity under the age of 16 years.
- 10 years - for persons 16-18 liters. Moreover, the category of crime does not matter.
The lower limit of the sanction in the form of imprisonment, provided for in the norms of the Special Part of the Code for grave or especially grave acts, should be halved.
Conclusion
According to part 7 of the rule under review, the court has the right to send the enforcement authority a binding instruction on the need to take into account some of the individual characteristics of the minor when dealing with him. The relevant specific features are established in the course of the proceedings. In some cases, a medical examination may be performed. Any punishment is, first of all, educational in nature. However, in some situations, interventions can not only not bring the desired result, but also harm the minor. In this regard, it is important to take into account the individual traits of the convicts. This is especially true in cases of conviction of severe sentences, in particular, imprisonment. Legislation requires that persons sentenced to deprivation of liberty be sent to educational colonies. The leadership of these institutions is responsible for each prisoner and is obliged to comply with the mandatory instructions sent by the court.