What is the age of criminal responsibility for? Upon reaching him as a guilty person, the court has the right to hold him liable for crimes. Most states have a minimum age when a person can be held accountable for their commission.
WMO under the Criminal Code
The age of criminal responsibility (Criminal Code) is a criterion that exists in criminal law. Two age limits are used, according to which the so-called "criminal coming of age" sets in. The age at which criminal responsibility for most crimes is possible is 16 years, criminal penalties can also come in a number of cases with 14.
The need to establish a minimum WMO
The need is explained by the following fact: a child cannot fully understand the essence of actions for society. Although already at the age of five there is an understanding that it is impossible to inflict any harm on life and health of others, later it appears in relation to other illegal actions. We can say that awareness of the value of individual objects does not come to a person immediately, but as he grows up and develops, while taking a rather long period.
Based on their research data in the field of physiology, psychology and pedagogy, the legislator establishes a minimum VUO. In each country and in different historical periods, this issue is resolved in its own way. The legislation also provides for the delimitation of age limits by means of different WMOs in relation to certain compounds.
Age setting
Accurate determination of the age of the accused juvenile is a prerequisite for applying criminal liability to him. The procedure, as a rule, is carried out using appropriate documents, if this is not possible, a forensic medical examination is applied, during which an answer is given to this question.
A certain age is reached not on the day of birth, but on the day following it (according to judicial practice, which is used in Russia). In the event that the age was established by means of a forensic medical examination, the defendant's birthday will be the last day of the year established by experts. Persons under 18 years of age are considered minors.
Lowered VUO
The age of criminal responsibility for serious crimes is 14 years. Such crimes include the following: harm to health with the intent to do so, rape, murder, kidnapping, robbery, theft, extortion, robbery, theft of weapons, car theft, malicious hooliganism.
A reduced age is established for a number of offenses that are listed in Art. 20 of the Criminal Code (part 2). They are divided into several groups, we will consider them in more detail:
- The seizure of property of others - robbery, theft, robbery, car ownership, extortion, theft of narcotic (psychotropic) drugs or their extortion, as well as the theft of weapons and explosives.
- Physical violence or its threat - murder, rape, intentional infliction of grievous or moderate harm to health.
- Destruction or damage to other people's property - vandalism, terrorist attack, destruction (damage) of property, done with intent and aggravating circumstances, rendering the Vehicle unusable.
In addition, there are other offenses. These include: hostage-taking, kidnapping, hooliganism in the presence of aggravating circumstances, false reporting of terrorism, illegal manufacture and other actions associated with the use of explosives.
This list was compiled in accordance with two criteria: the severity of the act, as well as the ability to recognize at this age the social danger that these crimes carry. A minor is one of the first to have ideas about the inadmissibility of assaults on property or violence. In addition, a list of these acts is especially common among minors.
Persons under the age of 16 are not held accountable for crimes that are not on this list. In the event that a person’s actions simultaneously show signs of a crime for which he can be responsible from the age of 14, as well as contains a crime, for the commission of which he must be accountable to the law after reaching 16 years, then the subject is involved only in the first corpus. For example, a person stole an item of particular historical value by theft. At the time of the commission of the act he was less than 16 years old. In this crime there are signs of an act qualified under two articles: 158 and 164. In this case, the subject is only liable for the first composition, but he cannot be responsible for the second.
Articles on which persons under 16 can be attracted
So, the list of articles on which a person who has reached the age of 14 can already be involved is as follows: Art. 105, 111, 267, 112, 229, 126, 226, 131, 214, 207, 213, 132, 206, 158, 161, 162, 167, 205, 163, 166.
VUO (age of criminal responsibility) in the Russian Federation and other countries
In world law, persons come of age at different ages. It is mainly about eighteen years of age. In some countries, those over the age of 15, 20, and 21 are considered to be adults. If the defendant’s age is below this limit, lenient measures are applied against him, but this does not mean that the person is released from punishment.
For example, in Russia the total age of criminal responsibility is 16 years. In the USA and Kazakhstan - also 16, in Germany - 14, in England - 10-17, in France - 13, in Finland - 15, in Scotland - 8, in Iran - 6 years. For example, if in Germany the offender is less than 14 years old, then he is considered insane. According to their legal norms, children at a younger age are not yet able to realize the illegality of the act. In the period from 11 to 18 years, a teenager is prosecuted if he has committed a crime, the punishment for which is provided in the form of imprisonment for more than a year or more severe.
General, low and high VLO
As a general rule, VUO comes from 16 years old. But it can come from the age of fourteen, if the crimes were committed against property, personality, public safety and order. Then we are talking about a reduced VUO. The increased age of criminal responsibility is adulthood. For example, to attract a person for non-payment of alimony, his age cannot be less than 18 years.
It is noted that for some crimes that have no comments on the WMO for them, the age limit is set at 18 years. These include, as a rule, those of them where a special subject must be present, who occupies a certain position.
Criminal liability for persons with mental retardation
Based on paragraph. 3 Article. 20 of the Criminal Code, a person who is already 14 or 16 years old, but has a lag in mental development, cannot be held accountable for those crimes for which minors should be responsible. The reason for this is the person’s lack of understanding of their actions, as well as the inability to lead them.
Sanity face
The accused of a crime must be sane - this is one general condition for bringing him to justice. A person must be aware of the actual nature of actions, their social danger and the ability to lead them. If there are mental health defects that do not affect a person’s behavior, criminal liability can be applied to the person. If the subject has mental abnormalities, involuntary hospitalization in certain institutions can be applied against him. When sentencing, this fact is taken into account by the court.
Impact on juvenile delinquents
Minors who are over 11 years old, but who are under 14, in case of violation of the law by a court order are placed in SUVUZT. This does not apply to criminal prosecution measures. The main purpose of placing a person in such institutions is medical, psychological, social rehabilitation of a minor, adjustment of his behavior and adaptation to life in society.
Maximum VUO
The Russian Criminal Code does not establish a maximum age of responsibility for crimes. For this reason, even an elderly person is punished for his act. However, there is a certain differentiation in relation to these individuals. Some penalties are not applied to them, for example, life imprisonment is not applied to men who have already turned 65.