Adolescents under 18 years of age still have an unsettled worldview and, as a result, a highly mobile system of moral values. Due to age-related reasons, the minor’s ideas about law and morality are only at the verbal level and are not automatic regulators of the young man’s behavior. Meanwhile, attention to the younger generation at present needs to be sharply strengthened, especially in terms of preventing offenses and conflicts, which in some regions are acquiring frighteningly acute forms. Therefore, objectively, juvenile responsibility for criminal offenses is simply necessary. Today, the number of informal movements of youth who are aggressive towards certain groups of citizens (in particular, nationalism) is growing rapidly. No less deplorable is the picture of crimes committed by adolescents with selfish intentions, such as thefts, robberies, and robberies.
Our state provides special protection to those who have not yet reached their 18th birthday, however, despite this, the criminal liability of minors, according to the Criminal Code (from 1996), begins when young people reach the 14th birthday. Due to the peculiarities of the psychology of minors, a separate section was introduced into the regulatory document, namely chapter 14 (Articles 87 to 96). The need for special rules and regulations for juvenile offenders directly follows from the principles of humanism and justice.
Features of criminal liability and punishment of minors
From chapter 87 we see that minors in our country are those who are over 14 by the time the illegal act was committed. Young people are considered to be adults, starting from 18 years old - criminals of this age category are already responsible for their actions “in an adult way”. And adolescents who break the law under the age of 14 are not legally responsible for what they did.
Before juvenile delinquency is imposed, any juvenile delinquent undergoes a forensic psychological and psychiatric examination. This is a very complex comprehensive study, which requires doctors to apply both general medical and special psychological knowledge (social psychology, pathopsychology of adolescents and children). Taking into account the conclusion drawn up from the results of such an examination, the question is being decided whether the juvenile will appear before the court, whether he was suffering from a mental disorder at the time of the crime of the law, or if he is completely incapable. In the latter case, the adolescent will most likely be referred for treatment to a psychiatric institution.
Juvenile Delinquency: Special Circumstances
During the investigation, as well as the trial of a criminal offense committed by a minor, special attention is paid to clarifying circumstances such as:
- age of the offender;
- the conditions of his life;
- educational conditions;
- the reasons and conditions that contributed to the commission of his illegal act;
- the presence of other participants and adult instigators.
Juvenile Delinquency: Types of Punishment for a Crime
A fair criminal punishment for a minor is considered to be one that will best guarantee its correction. However, the punishment should not be too strict. By the way, the maximum period that a criminal under the age of 18 can get in our country is 10 years (both for one act and for their totality).
Types of punishments for a juvenile delinquent:
- fine (can only be imposed in respect of a criminal who has property or independent earnings);
- deprivation of the right to carry out certain activities;
- obligatory work;
- correctional labor ;
- arrest;
- for a certain period of imprisonment.
Juvenile delinquency: enforcement measures
If a minor commits a crime for the first time in his life, and it does not belong to the category of grave and especially grave, then a teenager can be exempted from criminal liability if they recognize that he can be corrected by applying educational measures to him, namely:
- warnings;
- transfer under the supervision of legal representatives (parents or those who replace them, in particular, a specialized state guardianship authority);
- assignment of the obligation to compensate / make amends for the harm caused;
- leisure restrictions;
- establish some requirements for behavior.