Article 20 of the Criminal Code of the Russian Federation. Criminal age. Old age of the subject of the crime

IN modern world information of various kinds is disseminated without regard to restrictions. Therefore, the question of at what age criminal liability begins in the Russian Federation is not idle. Teenagers rely on examples from films and the Internet. And this leads to a misunderstanding of the boundaries of what is allowed and does not contribute to the formation of a methodology for assessing one’s own actions.

The legislation of the Russian Federation was created taking into account the norms of international documents. The “Beijing Rules” dated November 29, 1985 pay special attention to the formation of national rules regarding the age of responsibility for a criminal offense. Let's look at at what age a teenager can be charged with a crime and what are the rules for establishing responsibility for minors.

Age is described in Article 20 of the Criminal Code. At the same time, the legislator linked the age of the offender with the severity of the act committed:

• V general case criminal prosecution is carried out against a person who has celebrated his 16th birthday;
• For serious and especially serious crimes, responsibility begins at the age of 14.

Guided by the provisions of the Beijing Rules, the Russian legislator took into account the following features of minors:

• level of mental development that contributes to the formation of the right attitude towards one’s own actions;
• the teenager’s ability to evaluate what is happening;
• the need to influence the offender for educational purposes.

Agethe young person subject to criminal liability is determined at the time of the crime.

More precisely, from the date following the birthday. For example, if a teenager participated in a robbery on his birthday when he turned 14 years old, then he is not subject to criminal law. According to the norms, the age parameter is counted from zero hours of the next day.

What articles will you have to answer for at the age of 14?

The text of the Criminal Code is based on the principle of differentiating offenders according to age parameters. For example, only an adult is liable for a crime against military service for natural reasons. And under Article 305 a citizen who has crossed the 25-year-old threshold can be convicted. Its text provides for punishment for issuing an unlawful court verdict, and the age limit for a judge in Russia is set at 25 years.

From 14 years old are subject to criminal liability teenagers for the acts listed in the table below.

The age at which criminal liability begins for a young offender is clearly defined. The rule of law does not provide the opportunity for variable interpretation.

But a special rule has been introduced into the text of Article 20. It takes into account the developmental characteristics of adolescents. Thus, the following persons are not subject to criminal prosecution:

• those lagging behind in mental development to such an extent that they cannot adequately perceive what is happening;
• who, due to the peculiarities of personal development, are not capable of social awareness dangerous character misdemeanor

Reducing the age parameters of responsibility for a criminal act is associated with the need to influence the offender and society as a whole. The fact is that the example of juvenile offenders can have a detrimental effect on the teenage community. Seeing that a comrade has avoided answering for a crime, young people will consider his behavior normal. And according to psychologists, a negative example spreads among minors like a virus.

However, when forming the norm, the legislator also took into account the requirements of Article 43 of the Criminal Code. The second paragraph of the latter lists the purposes of punishment. These include the following:

• restoration of justice;
• correction of the offender;
• relapse prevention ().

Achieving the stated goals is possible only if a mentally competent person who is capable of understanding the essence of the punishment is convicted. And up to the age of 14, adolescents (the majority) are not yet fully capable of assessing the social danger of certain offenses and their consequences.

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Features of age calculation

As a rule, the quantity full years The accused is identified from personal documents. These for minors are:

• birth certificate (up to 14 years);
• passport (after execution).

In forensic science, there is a method for determining the physical age of a suspect in the absence of an identity card. It is applied to teenagers who have committed an act that is subject to criminal liability under a reduced age parameter.

In practice, a forensic medical examination is carried out. Based on an examination of the physical condition of the accused, a presumable age is established. The data is reflected in the corresponding act. The birthday is recognized as the last day of the year indicated in the specialist’s conclusion.

There are often cases when experts cannot accurately determine the number of years. In such situations, framework parameters are included in the act: minimum and maximum amount years according to physical indicators. In this case, the expert’s doubt is interpreted in favor of the accused.

Attention: the age of the suspect is determined by the minimum parameter specified in the forensic medical examination report.

If the parameter does not comply with the standards of Article 20 of the Criminal Code, then the teenager cannot be held accountable for a criminal offense of any gravity. In other situations, the usual investigation and trial are carried out.

An examination is also carried out in relation to a teenager with obvious mental disorders. Moreover, the legislator especially highlighted the fact that the minor offender did not have a disease, as determined by doctors. Doctors and psychologists work with the teenager to determine his ability to realize what he has done and feel guilty.

Application of the age norm in practice

The arrival of the established age of responsibility for a criminal act does not mean that a teenager is equated to an adult criminal. The General Section of the Code describes the rules for imposing punishment on persons who have not reached official maturity. Thus, the Plenum of the RF Armed Forces recommended that courts treat juvenile defendants With special attention(Resolution No. 1 of 01.02.11). The document contains the following instructions:

1. When considering cases against teenagers, take into account not only the social danger of the act, but also the conditions of upbringing and life of the minor offender (Article 98 of the Criminal Code).
2. It is necessary to consider the detrimental influence on the young offender from adult comrades. To do this, the characteristics of the latter are requested.
3. The court must consider the characteristics of the individual. To do this, a specialized specialist – a psychologist or teacher – is invited to the meeting.
4. When considering the case, the social and living conditions in the young man’s family are taken into account, as well as the parents’ fulfillment of responsibilities for raising and maintaining children.
5. It is recommended to sentence teenagers to prison only if the court is firmly convinced that it is impossible to reform the offender in the wild.

Important: the judge is obliged to create all conditions for organizing the protection of the rights of a minor accused.

Parents, teachers, juvenile affairs workers, lawyers and other people are allowed to participate in the process.

However, loved ones may be excluded from the list of participants in the process. The law allows a judge to remove a father, mother or other relative from the courtroom if a person improperly insists on criminal liability for a child. In such a situation, the responsibility for protecting the minor falls on municipal employees and the state lawyer.

Misuse of legislation

The criminal world is well aware of the peculiarities of bringing teenagers to justice for a criminal act. Often they try to take advantage of this. For example, they persuade a teenager to take all the blame on himself when the offense was committed by a gang. In such a situation, both the young man himself and his adult accomplices violate the law.

The trial, based on general principles, is structured in such a way that the guilt of each gang member is identified and proven. The testimony of a teenager who incriminates himself may not be taken into account. The prosecutor and the inquiry collect the entire volume of data about what happened.

The issue of amending Article 20 of the Criminal Code is constantly discussed in society. But for now, increasing the age of responsibility seems unlikely. Statistics show that teenagers commit particularly violent crimes. And the state needs to address issues of preventing violence, and not abolishing the threshold of punishment.

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Read further:

As a person grows older, he gains not only rights and responsibilities, but also responsibility, including before the law. Young Russians often forget about this, committing daring and cruel crimes and recording them on video to later boast about on the Internet. Social media are filled with video evidence of real atrocities committed by teenagers, confident in their impunity.

Let's figure out what crimes are subject to criminal liability from the age of 14.

Note to schoolchildren

Criminal liability for most crimes is provided for by the Criminal Code of the Russian Federation from the age of 16. However, there are 32 criminal articles for which liability begins at the age of 14. All of them are collected in Art. 20 of the Criminal Code of the Russian Federation:

Murder (Article 105),
- intentional infliction of grievous bodily harm (Article 111),
- intentional infliction of moderate harm to health (Article 112),
- kidnapping (Article 126),
- rape (Article 131),
- violent acts of a sexual nature (Article 132),
- theft (Article 158),
- robbery (Article 161),
- robbery (Article 162),
- extortion (Article 163),
- unlawful taking of a car or other means of transport without the purpose of theft (Article 166),
- intentional destruction or damage to property under aggravating circumstances (part two of Article 167),
- terrorist act (Article 205),
- undergoing training in order to implement terrorist activities(Article 205.3),
- participation in a terrorist community (part two of article 205.4),
- participation in activities terrorist organization(Part two of Article 205.5),
- failure to report a crime (Article 205.6),
- hostage taking (Article 206),
- knowingly false report about an act of terrorism (Article 207),
- participation in an illegal armed formation (part two of Article 208),
- hijacking of an air or water transport vessel or railway rolling stock (Article 211),
- participation in mass riots (part two of Article 212),
- hooliganism under aggravating circumstances (parts two and three of Article 213),
- vandalism (Article 214),
- illegal acquisition, transfer, sale, storage, transportation or carrying of explosives or explosive devices (Article 222.1),
- illegal production of explosives or explosive devices (Article 223.1),
- theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226),
- theft or extortion of narcotic drugs or psychotropic substances (Article 229),
- rendering unusable Vehicle or means of communication (Article 267),
- encroachment on the life of a government official or public figure(Article 277),
- attack on persons or institutions enjoying international protection (Article 360),
- act of international terrorism (Article 361).
Criminal liability under this article will not apply to a minor offender if it is proven that he is lagging behind in mental development, due to which he could not realize the actual nature and social danger of his actions. However, this lag is not associated with a mental disorder.

Features of punishment

Like adult criminals, minors can be sentenced by a court to a fine, deprivation of the right to engage in certain activities, compulsory labor, correctional labor, restriction and imprisonment for a certain period. The punishment will be milder than if the crime was committed by an adult. For example, punishment in the form of imprisonment is imposed on convicted minors who committed crimes under the age of sixteen for a period of not more than six years. For especially serious crimes - no more than 10 years of serving the sentence in a correctional colony.
For a number of crimes of minor and moderate gravity, a teenager may be completely exempt from criminal liability if it is recognized that educational measures for correction will be sufficient. Such measures, in accordance with Art. 90 of the Criminal Code of the Russian Federation, can serve as: a warning; transfer under the supervision of parents or persons replacing them, or a specialized government body; imposing an obligation to make amends for the harm caused; restricting leisure time and establishing special requirements for the behavior of a minor.

Note to parents

In accordance with Art. 1074, minors aged fourteen to eighteen years are independently responsible for the damage caused. However, if they do not have property or income that can compensate for the harm caused, as is often the case, then this responsibility falls on the parents, guardians or guardians, unless they prove that the harm was not their fault.

In this article we will try to answer in detail the question, at what age does criminal responsibility begin?.

The Criminal Code of the Russian Federation defines the minimum age of criminal responsibility as 16 years. But there are crimes for which criminal liability begins at the age of 14.

The age of criminal responsibility is the age at which a person is criminally responsible for the crimes he has committed.

At what age does criminal responsibility begin?

First, let's list those criminal actions, according to Article 20 Part 2 of the Criminal Code, criminal liability begins at the age of 14. These crimes can be divided into groups:

Physical violence or threat of physical violence - intentional infliction of moderate harm to health (Article 112) and grave harm to health (Article 111), murder (Article 105), rape (Article 131) and violent acts of a sexual nature (Article 132);

Taking possession of someone else's property - robbery (Article 161), robbery (Article 161), theft (Article 158), extortion (Article 163), taking possession of a car or other vehicle without the purpose of theft (Article 166), extortion or theft of ammunition, weapons, explosives substances, explosive devices (Article 226), extortion or theft psychotropic drugs or narcotic substances (Article 229);

Damage or destruction of property - vandalism (Article 214), terrorist act (Article 205), intentional damage or destruction of property under aggravating circumstances (Article 167, part 2), rendering vehicles and communications unusable (Article 267);

Others - hostage taking (Article 206), kidnapping (Article 126), knowingly false report of a terrorist act (Article 207), hooliganism committed under aggravating circumstances (Article 213, Part 2).

This is an exhaustive list, i.e. persons under 16 years of age cannot be prosecuted for criminal acts not included in this list.

Criminal liability from 16 years of age

Sometimes a person commits an illegal act that contains both signs of acts for which criminal liability is provided from the age of 16, and signs of an act for which liability is provided from the age of 14. For example, the theft of an item of historical value by theft. A person under 16 years of age can only be held liable under Article 158, and therefore is held accountable under it.

Criminal liability from 18 years of age

At the same time, there are a number of crimes with an increased age of criminal responsibility, which are divided into two groups:

In which the age of criminal responsibility is explicitly established - for example, committing indecent acts (Article 135), involving minors in committing a crime (Article 150) imply criminal liability only from 18 years of age;

In which the age of criminal responsibility follows directly from the crime. For example, only a citizen who has reached the age of 25 can become a judge. Based on this, it is determined at what age criminal liability begins for crimes committed by judges (from 25 years of age).

In accordance with Part 1 of Article 87 of the Criminal Code of the Russian Federation, minors are persons who at the time of committing the crime were 14 years old, but not 18 years old. By associating the emergence of a person’s ability for conscious-volitional behavior with this period, the Russian legislator endows such a person, albeit to a limited extent, with certain rights and responsibilities (Art.

20, 63 of the Labor Code of the Russian Federation, Art. 26, 1074 of the Civil Code of the Russian Federation, etc.), including the obligation to be responsible for the commission of a criminal act and to suffer the corresponding consequences of its commission. In other words, the age of criminal responsibility established in the Criminal Code of the Russian Federation coincides with the period of minority (Table P 1.1).

In world law, the age at which a person is considered to have reached the age of majority is not universal. In most cases, it is 18 years old, but in a number of countries a person who has reached 15, 20 or even 21 years of age is recognized as an adult. Therefore, when in the norms of international legal acts we're talking about about minors as persons under 18 years of age, a reservation is usually made: “unless a different age is established by national legislation.” This is exactly what the UN Beijing Rules of 1984 say about the age of minority.”

International law identifies minors as an autonomous group of individuals endowed with specific rights and responsibilities. The need for legislative “isolation” of this group is due to the need for their special legal protection. Taking into account the specifics of their psychophysiological

qualities, social inadaptability, excessive exposure to the influence of the social environment, persons under the age of majority are subject to “mitigated” criminal liability in comparison with persons of a different age.

Part 1 of Article 20 of the Criminal Code of the Russian Federation establishes the general age at which a person is considered capable of bearing criminal responsibility - 16 years. At the same time, the law provides for the possibility of differentiating the age limits of criminal liability, establishing a lower and higher age of responsibility for certain offenses. The elements of crimes for which the age of criminal responsibility is reduced to 14 years are listed in 4.2 of Article 20 of the Criminal Code of the Russian Federation (Table P 2.2).

The literature notes that the legislator singles out these particular acts for the following reasons: 1) traditionality, since it is the usual nature of the acts for all times that allows us to consider that their socially dangerous consequences are clear for adolescents; 2) gravity of the act - only one of the listed crimes is a crime of minor gravity; 3) prevalence among minors; 4) exceeding the measure of public tolerance for deviant behavior of adolescents100.

Like other statements regarding the reasons for lowering the age of criminal responsibility, this position is controversial. In particular, such a criterion as traditionality is characteristic of Article 267 of the Criminal Code of the Russian Federation (Article 86 of the Criminal Code of the RSFSR of 1960, the act itself was criminalized by the Decree of the PVS of the USSR of December 10, 1940), but not for Articles 205, 207 of the Criminal Code of the Russian Federation (Articles 213.3, 213.4 of the Criminal Code of the RSFSR, introduced Federal law No. 10-FZ dated July 1, 1994). The severity criterion does not clearly explain the inclusion of vandalism in this list.

Acts provided for in Articles 206 and 226 of the Criminal Code of the Russian Federation are committed by minors extremely rarely. At the same time, each of the compounds listed in Part 2 of Article 20 of the Criminal Code of the Russian Federation has 2-3 of the above characteristics.

According to Yu.E. Pudovochkin, the basis for including acts in the list 4.2 of Article 20 of the Criminal Code of the Russian Federation is the principle of humanism, which prohibits the application of severe criminal sanctions to minors, and in relation to persons who have reached 14, but have not reached 16 years of age, it limits the circle of those charged with them criminal acts91. Indeed, in accordance with SO Article 21 of the Constitution of the Russian Federation, Article 7 of the Criminal Code of the Russian Federation, the entire criminal law is permeated with the spirit of humanism; however, the assertion that this principle played decisive role in formulating a specific norm is not entirely correct. Moreover, 4.2 of Article 20 of the Criminal Code of the Russian Federation also includes such acts (Articles 207, 214 of the Criminal Code of the Russian Federation), the very fact of bringing them to criminal responsibility after a person reaches 14 years of age does not fit into the framework of humanism in the understanding proposed by the author.

The above list is exhaustive; persons under 16 years of age cannot be held accountable for acts not included in it. In cases where a person’s actions contain signs of both an act for which responsibility is possible only from the age of 16, and an act for which responsibility is provided from the age of 14 (for example, the theft of an item of special historical value (Article 164 of the Criminal Code of the Russian Federation) by theft (Article 158 of the Criminal Code of the Russian Federation), the subject cannot be held responsible for a more serious act (Article 164), provided for by a special norm of the Criminal Code, and is held accountable according to the general norm (Article 158).92 Such a decision of the legislator seems justified; a person who has reached the age of 14, but not 16, in most cases is not able to understand, for example, the real value of objects of special value.Often, more “attractive” for a person of this age is cellular telephone or player, rather than a picture or icon.

A similar approach is reflected in the Criminal Code of the People's Republic of China93. In accordance with Art. 17 of the Criminal Code of the People's Republic of China, persons who have reached the age of 16 and have committed a crime must be held criminally liable. It is noteworthy that, unlike the Criminal Code of the Russian Federation, the subject of a crime against property under the criminal law of China cannot be a person under 16 years of age. Similar norms establishing age limits for criminal liability are enshrined in the Criminal Code of Poland94. In accordance with Art. 10 of the Criminal Code of Poland, the general age of criminal responsibility is set at 17 years. A lower threshold is also provided - 15 years, but only for a limited range of acts and provided that the circumstances of the case, as well as the level of development of the perpetrator, his personal characteristics and living conditions cause such a need, especially if the previously applied educational or correctional measures were ineffective.

In Germany, the lower age limit for criminal liability is set at 14 years. If a person under the specified age commits a crime, he is considered insane. There is no definition of a child’s insanity in the German Criminal Code, however, based on the interpretation of §20 “Insanity due to mental disorders”95, in Germany there is a presumption that children under the age of 14 are not able to recognize the wrongfulness of an act (crime or misdemeanor) or act in accordance with this awareness. A similar provision is enshrined in the Bulgarian Criminal Code, according to which the minimum limit of criminal liability is 14 years; in this case, the court must determine whether the minor could understand the nature and significance of the act and direct his actions.96

In Turkey, the age of criminal responsibility is 11 years. Minors from 11 to 18 years of age are subject to criminal liability only for crimes that are punishable by imprisonment for a term of more than one year or a more severe punishment. The Turkish Criminal Code provides for a double threshold for the criminal liability of minors: persons who have reached 11 years of age, but have not reached 15 years of age, “are not subject to punishment if they are insane”, provided that they have committed an act for which the punishment does not exceed one year of imprisonment97. Age limits from 11 to 15 and from 15 to 18 years were introduced with the aim of individualizing punishment in relation to these age groups: they do not apply the death penalty, life imprisonment and a number of other punishments, and the maximum terms of imprisonment are significantly reduced.

According to the criminal law of the Republic of San Marino, the age of criminal responsibility is 12 years; Moreover, in each case, the court must “determine the ability to understand the meaning of the act and the ability to express one’s will”98. Age under 21 is grounds for a reduced sentence. Persons who are not subject to criminal liability due to their underage age or the presence of senile dementia may be considered criminally dangerous. Criminal danger and mental health The court determines the person based on an assessment of the subject’s personality and, if deemed necessary, a biopsychological examination.

A rather unusual approach to establishing the age of criminal responsibility is enshrined in the Swiss Criminal Code, Art. 82 of which prescribes that criminal law does not apply to a child who has not reached 7 years of age. The Code provides a classification of subjects of crime, establishing certain age limits. Thus, subjects can be: children (aged 7, but not 15 years old), adolescents (aged 15 to 18 years), young people (aged 18 to 25 years old)99. It is noteworthy that this code does not contain a list of criminal acts for committing

the execution of which subjects of one or another group are held accountable. The classification enshrined in the Code establishes only a differentiated approach to punishment, taking into account whether the persons concerned are children, adolescents or young people. Subjects over 25 years of age are subject to criminal liability for general principles. Thus, it turns out that a child of eight years old can be the subject of almost all criminal acts, with the exception of those committed by special subjects. At the same time, in accordance with Art. 11 of the Swiss Criminal Code “Reduced Responsibility”, the court has the right, at its discretion, to commute the punishment of a person under 18 years of age if, due to “insufficient mental development,” he “had a reduced ability to realize the wrongfulness of his criminal act or to act with awareness of this wrongfulness”100.

The criminal legislation of Austria, Latvia and the Republic of South Korea provides for a general age of criminal responsibility of 14 years101. The law does not provide for any exceptions or exceptions to this rule. Until recently, in the Argentine Criminal Code, minors under the age of 14 were recognized as insane on the basis of Art. 36, which has now been canceled. Therefore, as Professor Yu.V. Golik notes, “criminal liability begins from the age of 14 on the basis of the interpretation of the norms of the Civil Code and established judicial practice”102. According to Part 2 of Article 41 of the Criminal Code of Argentina, minor age is a mitigating circumstance. In Norway, the Criminal Code of 1902 established criminal liability from the age of 15103.

A fundamentally different approach to establishing the age of criminal responsibility is enshrined in England104. The lower age limit for criminal liability is regulated by the special statute “On Children and Young People” of 1933. (as amended in 1968) and is 10 years. It is understood that persons under this age are unable to understand the nature and significance of their actions and are considered criminally incompetent. At the age of 10 to 14 years, criminal liability is possible, but the issue of its occurrence is decided individually. In particular, the prosecution must prove that the minor was aware that he was doing something “seriously illegal”105. The age of criminal responsibility is established in the same way in the Australian Criminal Code11.

In the USA, the issue of the age of the subject of a crime, due to the specifics of the legal system, is settled at the federal level and is 10 years, but only for crimes of a national scale. Otherwise in different states The age may vary, and in some, the minimum age of the person who committed the criminal act is not specified at all. In each specific case, bringing a minor to criminal liability depends on the discretion of the court.

With regard to the criminal codes of the CIS and Baltic countries, it should be noted that most of them have retained the differentiated approach to the age of criminal responsibility that existed before the collapse of the USSR. The Criminal Code of the Republic of Belarus, the Republic of Azerbaijan, the Republic of Armenia, the Kyrgyz Republic, Ukraine, the Republic of Kazakhstan, Turkmenistan, Tajikistan establishes a general age of criminal responsibility - 16 years and a reduced age for a clearly defined list of criminal acts - 14 years.106 List of crimes, responsibility for the commission of which begins at the age of 14, in the criminal codes of the named states differs, but only slightly.

In some criminal codes of the former republics of the USSR there are a number of features in regulating the age of criminal responsibility that should be paid attention to. The Criminal Code of the Republic of Estonia lowered the age of criminal responsibility to fifteen years, and for fifteen offenses - to thirteen years. Most of them relate to violent crimes, several are mercenary crimes.107 It is noteworthy that the latter includes theft by embezzlement, embezzlement or abuse of official position (Article 141 of the Criminal Code), although its commission is hardly possible at the age of thirteen. The criminal legislation of the Republic of Uzbekistan established a four-stage system for differentiating the age of criminal responsibility and for the first time established criminal liability from the age of thirteen for premeditated murder under aggravating circumstances (Part 2 of Article 97). Along with this age limit, criminal liability is provided for from the age of fourteen for a clearly defined list criminal acts. For a number of crimes, exhaustively listed in 4.4 of Article 17 of the Criminal Code, criminal liability is established from the age of eighteen. The general age of criminal responsibility corresponds to sixteen years of age.108

Thus, in criminal law there are two main approaches to establishing the age of criminal responsibility: unified and differentiated. With a unified approach (Germany, Argentina, Norway, South Korea, etc.) the criminal law clearly indicates at what age a person is subject to full criminal liability; in a number of countries, in addition, criminal law obliges the court in each case to establish the fact that a person is aware of the illegality of his actions (England, Australia, San Marino, France, etc.). The essence of the differentiated approach is that the criminal law establishes several age categories - the so-called relative (often there are several of them) and the unconditional age of criminal responsibility. Upon reaching the minimum age specified by law, the subject can only be charged with an exhaustive list of criminal acts. This approach, adopted by Russian legislation, is quite popular in the world (China, Austria, a number of CIS and Baltic countries, etc.). 2.2.

The lack of awareness among adolescents about the system of punishment for persons under the age of 18 is one of the main factors contributing to the commission of crime by minors. In our article we will expand on the concept of criminal liability of minors and define the types of crimes and punishments that teenagers can be subjected to.

According to the norms of current legislation, minors are persons under the age of 18 years. Criminal liability is provided for any criminal acts from the age of 16, and for serious crimes - from the age of 14. Persons under the age of 14 do not bear criminal liability, since the legislator believes that at this age a person is not able to realize the consequences of his actions. The criminal liability of minors is determined by Article 87 of the Criminal Code of the Russian Federation, which takes into account factors that influence the person who violated the law, both at the time of the commission of the act and before that. The legislator takes into account the severity of the crime, and also takes into account such indicators as:

• physical and intellectual compliance of the person with the age according to the documents;
• mental development of a minor;
• the ability to adequately evaluate the results of one’s actions;
• conditions of education.

Peculiarities of applying liability to minors

When prosecuting crimes committed by minors, special rules apply:

1. At sentencing, the age of minor is;
2. restriction of freedom of movement for a minor should not last more than 2 years;
3. restriction of freedom cannot be imposed when committing minor crimes for the first time;
4. Convicts aged 14-16 years are not given sentences longer than 6 years;
5. for persons under the age of 16 years, sentences exceeding 10 years are assigned only for especially serious types of crimes;
6. penalties are applied either to the minor or to his parents/adoptive parents/guardians;
7. When applying punishment, preference is given to coercive pedagogical influences.

Persons who have reached the age of 14 at the time of committing a crime are subject to liability for the following types of crimes:

• intentional or moderate;
• kidnapping;
• murder;
• rape or sexual assault;
• extortion;
• theft;
• robbery/;
• intentional destruction or damage to property (under aggravating circumstances);
• unlawful taking of a car or other means without the purpose of theft;
• hostage taking/terrorist act/deliberately false report of an act of terrorism;
• hooliganism (aggravated) / vandalism;
• theft/extortion of narcotic drugs or psychotropic substances/weapons/explosives or devices/ammunition and others.

Types of punishments applied to minors

Important! Persons under the age of 18 are not subject to life imprisonment.

As a result of the analysis of the situation, the elements of the crime and the factors contributing to the commission of the criminal act, the minor may:

• found not guilty;
• find guilty partially and impose punishment in the form of compulsory educational influence or be limited to a reprimand;
• find guilty and impose a sentence in the form of restriction of freedom of movement or assign a probationary period;
• found guilty and sent to a specialized educational institution with a strict regime;
• found guilty and sentenced to imprisonment;
• found guilty and sentenced to pay a fine / public works/ prohibit practicing certain types activities.

In relation to minors, when criminal liability occurs, a psychological and psychiatric examination is used, which is a complex type of research. Specialists use special psychological and medical tests, the result of which is an expert opinion on the sanity of the minor at the time of the crime. If a teenager is declared insane, criminal liability is impossible; the court imposes a compulsory medical measure. Unlike adults, minors are subject to more lenient measures. Considering social status adolescents and age characteristics, large measures are aimed at re-educating a person. Educational measures include compulsory methods, which are:

1. warning;

transfer under the supervision of parents or persons replacing them, or a specialized government body;

imposing an obligation to make amends for the harm caused;

ban on visiting places designated as public.

Important! If coercive measures are applied to a minor, he is required to report to the juvenile affairs inspectorate at certain intervals.

Conditions for exemption from criminal liability

As noted above, the legislator, when determining the possibility of criminal liability for minors, defines certain conditions under which punishment can be avoided. Thus, on the territory of the Russian Federation there are following conditions for release from liability:

• when establishing the fact of a threat to the life and health of a minor from older relatives or other persons who provoked him to commit a criminal act;
• when committing a crime for the first time, if it was assessed by the court as not serious or of moderate gravity, in this case measures of pedagogical influence are applied;
• when a court makes a decision to place a person under the age of 18 in an institution closed type for corrective pedagogical and medical influence.

Important! In relation to minors, in the course of carrying out the punishment established by the court for a crime, conditional early release is very often applied.

Problems of teenage crime in Russia

Based on statistical information obtained as a result of the investigation of cases of minors who committed crimes, it was established:

• persons who have not reached the age of majority easily fall under the evil influence of persons who pursue selfish goals;
• a large number of crimes are committed by teenagers united in groups;
• teenagers from disadvantaged families more easily agree to commit a criminal act;
• legal illiteracy and confidence in one’s impunity significantly contributes to juvenile delinquency.

Thus, low level education, lack of proper attention from loved ones, the presence of a large amount of free time, as well as the lack of hobbies contribute to the growth of child crime.

The importance of protecting minors

Persons under the age of 18 who are in difficult situations life situation, require special legal protection. Teenagers tend to test their capabilities and abilities, while this is a mentally and physically immature person, therefore, he especially needs the support of an adult. Rights and responsibilities arise as a citizen grows up; a child must know what responsibility he will bear as a result of his actions. As a rule, it is the legal illiteracy of adults and children that leads to dire consequences and the minor is responsible for his criminal act in accordance with the law. To protect the interests of minors, the law provides for the right of such persons to legal assistance - both adolescents and their parents have the right to qualified representation in court. As a rule, the interests of a minor in court are represented by parents, guardians or adoptive parents, who, in turn, can delegate these rights to another person - a lawyer. If desired, a teenager who has reached the age of 14 can personally appear in court and exercise his procedural rights, subject to the emancipation of the minor.

Larisa

Hello! Two teenagers, 15 and 16 years old, stole a car to drive through the city streets at night. They admitted their guilt, through the investigator, the parents of the teenagers, the owner of the car was compensated for damages in a certain amount, which suited him and he promised to declare in court that he had no complaints. Now both teenagers are undergoing a medical examination; the investigative committee, where the case was transferred, said that the teenagers face either a suspended sentence of up to 2 years or imprisonment in a closed institution. Please tell me, is it worth hiring a criminal lawyer? The investigator said that it was allegedly useless. And even the fact that the parents fully compensated the owner of the car for the damage will not play a special role in court, because Article 166 part "2" does not provide for reconciliation of the parties. What threatens teenagers under this article and taking into account all the circumstances of the case? And most importantly: will a criminal lawyer help?

Awaiting review

Irina

Please tell me, my daughter is 17 years old. charge under Article 112 Part 1. I'll be 18 in a month. The court pronounced a sentence - restriction of freedom for 5 months. The use of educational measures cannot be taken in connection with the approaching majority. Is this right?

Sergey (senior lawyer)

Hello Irina! Everything is correct. Criminal liability for most crimes begins at age 16. Therefore, your daughter may bear full responsibility under the Criminal Code of the Russian Federation in accordance with the restrictions established by law.

Diana Kartashova

Hello, a 17-year-old child has theft in the amount of 8500. They say Article 158, part 3, paragraph “d”, what can be done to a minor. Is it possible to file a counter-claim for false testimony?

Sergey (senior lawyer)

Hello Diana! This crime is punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or forced labor for a term of up to five years, or imprisonment for a term of up to six years with a fine of up to eighty thousand rubles. The specific punishment will depend on the circumstances of the case and the presence of mitigating and aggravating circumstances. The applicant is always warned of liability for knowingly false denunciation, therefore, if there are no compelling reasons to believe that the applicant is lying, then there is no need to write anything.

Alexei

Near our house there is a playground and a playground (older kids play ball), a group of 6 youngsters aged 14-16 played football and all this process was of course accompanied by obscenities. I am with my wife and 3 summer son We were on the playground. In addition to us, there were about 5-6 children under 4 years old. The grandmother of one child, passing by the “football players,” made a remark to them, they responded to her. Having heard this dialogue, I came up and also expressed my opinion to the children (without) rudeness)!!! to which one of the guys began to poke me (I’m 36) and be rude. Having approached him (on the way, listening to a couple more affectionate ones), I couldn’t restrain myself and slapped me. The others ran up and surrounded me, one tried to hit me , but having received a counter blow, he cooled down and switched to “verbal diarrhea.” in general, they retreated to a distance and began to abuse me with abuse and threaten violence! Of course, we got ready and went home. They followed us to the door. and now they know where we live. what is the right thing to do? Apparently we live and walk in this yard, and they also often come. I think they won’t calm down and I’m hot too! What should I do so as not to do anything stupid and protect my family?

Sergey (senior lawyer)

Hello, Alexey! From a legal perspective, you should be wary of being prosecuted for battery on a minor. For the future, it is better to record all communications with them on video or audio. In addition, you can talk to their parents, and also unite with other residents to form an activist group to prevent antisocial behavior of these young people.

Svetlana

Hello! my nephew, at the moment of the current situation, is 18 years old, his girlfriend with whom he dated for a year is also 17 years old, after a quarrel with my nephew, she reported rape in a rude manner, well, in general, in all places where possible, taken the next day the tests were sent for examination, they waited a month for the results, the investigator called my nephew for a couple of questions and detained him for 24 hours, and the next day the court decided to take him into custody for two months before the trial, they presented two articles 131 p 3 and 132 p 3 up to 15 years, they threaten to give , the examination and analysis taken from the girl have not yet arrived, but the boy is already in pre-trial detention, and she walks around happy, enjoying life. Please tell me where to go for justice, what to do in such a situation and what to expect in general?

Sergey (senior lawyer)

Hello Svetlana! In such situations, there is only one way out - to look for a lawyer. You yourself will definitely not do anything, but you can only do harm. If everything was as you say, then with the help of a lawyer this case may simply not go to trial.

Semyon

Explain the differences in legal liability between a minor and an adult

Sergey (senior lawyer)

Hello, Semyon! This question is very big and the answer to it cannot give the whole picture. If we speak in general outline, then minors bear less strict liability compared to adults, and instead of criminal penalties, other sanctions that apply only to minors may be applied to them.

Alexei

Will there be a 16 year sentence for illegally crossing the border? From LPR to Russia.

Sergey (senior lawyer)

Hello, Alexey! Responsibility for illegal crossing state border RF is provided for in Art. 322 of the Criminal Code of the Russian Federation. By general rule Criminal liability for all crimes begins at the age of 16, so a person will be held criminally liable for the actions you indicate.

Igor

Hello! If my 13-year-old son raped an 11-year-old girl, according to her, and she also got pregnant, then what will happen to my son if he is now 14 years old, will the case go to court, and what could be the consequences?

Sergey (senior lawyer)

Hello, Igor! Criminal liability for rape begins at the age of 14. Moreover, the offender must be 14 years old at the time of the crime. Therefore, your son will not be prosecuted for rape; he can be registered and other preventive measures taken with him, including being sent to a detention center for juvenile offenders.

Igor

Hello! A situation happened that at the time of sexual intercourse with an 11-year-old girl, my son was 13 years old, now he is 14, what will happen to my son, can the case go to court, and can he be registered?

Sergey (senior lawyer)

Hello, Igor! There is no crime in your son’s actions, since responsibility for sexual relations with minors applies only to adult citizens. Therefore, the son will not be held criminally or administratively liable. They also shouldn’t be registered, since there is no violation of the law in your son’s actions.

Olga

Hello. My 13-year-old daughter was friends with a 14-year-old boy. It so happened that they were left alone kissing. Then after that there was a blow job. My daughter claims that he pinned her in a corner, grabbed her by the hair and forced her to do it. The boy says that he proposed to her and she agreed. This happened six months ago, I found out about it a few days ago. I noticed that my daughter began to avoid communicating with this boy, did not communicate with him on social networks, did not answer phone calls, and told him that her parents forbade her to meet with him. In general, I avoided meeting him. I now understand why this was. In general, I wrote a statement to the police, my question is whether a 14-year-old child will be held accountable for such an act. If so, what does he face?

Sergey (senior lawyer)

Hello Olga! The boy will not be held criminally liable, since only adults are brought to trial for such actions with minors. At most, a conversation will be held with the boy and he may be registered if the correctness of your daughter’s words is confirmed.

Andrey

Hello, my son is 14 years old, he and his friends stole 5 cars. The friends were 18, and the second one was 21. All my son did was help break the steering wheel lock and from this he did not receive any money, what will happen to my son, please tell me

Sergey (senior lawyer)

Hello Andrei! Your son is subject to criminal liability. The specific amount will depend on what kind of property damage was caused. The fact that your son did not take an active part in planning and organizing the commission of crimes must also be taken into account. But in any case, he will be recognized as a co-perpetrator of the crimes.

Alyona

Good afternoon My son is 16 years old. he had consensual sexual relations with a 13-year-old girl. What could happen to my son?

Sergey (senior lawyer)

Hello, Alena! These actions are not punished criminally, since the son is under 18 years old.

Vladimir

My son in New Year's Eve committed a crime, He went out for a walk on New Year's Eve and met his friend. They set fire to the house on adrenaline, but then they realized and put it out and the house didn’t burn even for 2 minutes, they put it out and ran away, they were seen by a person passing by. But until this moment, the owner of the house who set it on fire was excessively threatening to these 15-year-old teenagers and because of this they set fire to his house. Please tell me what punishment they will suffer for this?

Sergey (senior lawyer)

Hello, Vladimir! Teenagers will not be held criminally liable for damaging property because they are under 16 years old. But the owner of the house can bring a claim against the children’s parents for compensation for damage caused.

Denis

Hello, Not long ago, children, the oldest 12 years old, broke into my garage, as if they couldn’t open the car to steal money, and according to their words, they accidentally set fire to the garage and the car, thank God the wife woke up and took the children out, they put it all out. In the resolution, investigators write that the theft was not an accident and that everything was fine. But I would like to punish them somehow, because they can still come to someone and do something bad with impunity. Thank you in advance!

Sergey (senior lawyer)

Hello, Denis! You need to collect documents on the amount of property damage caused and file a civil claim against the parents of these minors for compensation for damage caused.

Dmitriy

Hello! A son runs out of school, let’s say: He has 7 lessons, he goes out to the store after the 6th lesson, and returns. Teachers often caught him and took him to the director, first there were conversations, after which we were called to the police station about this topic, they wrote down all our testimony, let us read it and asked us to sign if everything was correct. What could happen if he leaves school again and gets caught? Will this matter be allowed to proceed?

Sergey (senior lawyer)

Hello Dmitry! It is not clear what is reprehensible about a schoolboy going outside during recess. He doesn't do anything illegal. Therefore, there are no grounds for further referral of the case to law enforcement or any other government agencies.

Irina

Tell me, a child was present at a football game, the fans broke the seats, the police took him from school without his parents (who were not notified, the document is a call printout) and the 18-year-old teacher was not there to take explanations, but they concocted different signatures on two sheets of paper recognition of the breakdown of at least one seat. Then there were witnesses, some of whom even the child didn’t know. The investigator refused to allow confrontations or conduct experiments; the complaints were considered by the people against whom they were written. The case went to court. The testimony of witnesses varies, the judge does not understand the case and rejects all petitions. The prosecutor asks for a year in prison. Has the world gone crazy? The child didn’t break it; they slandered him because everyone who broke it and didn’t break it chipped in to compensate for the damage, but he thought that if he didn’t break it, then he shouldn’t pay. Tell me what actions should be taken in order to achieve justice. UK214ch2

Sergey (senior lawyer)

Hello Irina! Since the matter has already gone far, even inviting a paid lawyer is unlikely to help. But you can try to correct the situation. To do this, you need to hire a criminal lawyer who should enter the case as your son's defender. Maybe he'll find something he can grab onto to turn the tide in court.

Alexander

Hello, please tell me. When I was little, I was seduced by two girls, they were 17 or 18 years old and I was 10 somewhere in orphanage Hope the city of Belova forced me to touch their private parts - Oksana Lar, and Natasha Prit. After they stopped trying to persuade me, I tried to arouse myself with my hands. After that, my organ was swollen and I was admitted to the hospital. Now they are avoiding meeting because, after seducing them, I committed violent acts of penetration with my penis. Against their sex, at the age of already a decent 16 years, I was sentenced to 4 years in prison and violence began against me, after leaving the colony. The police abused me at home. in the KEMEROVSK region. They even wanted to put me in prison and filed a case of theft. And then they committed abuses at home......, after I moved to another city and it was not sweet there, constant beatings and the police turned a blind eye when they found out about my article . I don’t live there for a long time, fines come because I’m crossing the road in the wrong place in that city. They’re looking for me, but I wasn’t there. And then time passes before the elections, the district police officer comes and asks about my article 132 part 3, and then after his visit reproaches and threats begin towards me and my family. And I started a family of children a long time ago, they are to blame for that. I was a youngster at that moment and I was serving time and it was not sweet there. And then he called the police and told everything how it all happened and where everything happened because mental condition I can’t stand it, after this call the investigator is pulling me to come to them and tell them everything in writing, from the beginning they scheduled it for Wednesday, but since it was cold I didn’t go, and now they scheduled it for this Sunday. I have a strong, great fear that this is a conspiracy to put me back in prison but what I said is that everyone didn’t need to know this. It’s easier for them to remove a person than to mess with him. What should I do?

Sergey (senior lawyer)

Hello, Alexander! You need to hire a good lawyer who can help stop unjustified harassment by law enforcement and can also provide sound legal advice on various issues.

Maria

Hello. Let’s say a teenager committed a crime at the age of 15, responsibility for it begins at the age of 16. This crime was discovered only when he turned 18. Will there be criminal liability? What punishment will be applied?

Sergey (senior lawyer)

Hello Maria! The teenager will not be prosecuted because at the time he committed the crime he was under the age of criminal responsibility. This follows from Part 1 of Art. 20 of the Criminal Code of the Russian Federation.

Alexandra

Hello! If a 15-year-old teenager committed a crime of average gravity, for which responsibility begins at the age of 16, what will he do for it? Will his parents be punished?

Sergey (senior lawyer)

Hello, Alexandra! Preventative measures will be applied to him, and he may also be placed in a temporary detention center for minors. Parents may be held civilly liable in the form of an obligation to compensate the damage caused to the injured party.

Galina

Hello, my son is 13 years old, studies in a regular school, today my son came home from school in tears, it turns out that his classmate constantly beats and morally humiliates him at every opportunity. How are we parents in this situation? How to hold people accountable?

Sergey (senior lawyer)

Hello, Galina! The classmate cannot be held accountable by legal means, since he has not yet reached the age of criminal responsibility. The maximum that police officers can do is conduct a preventive conversation and register the person. In such situations, it is necessary to teach the child to fight back on his own, since the involvement of parents will entail further humiliation of the child in the eyes of his peers. Here you have to approach it quite carefully.

Svetlana

Hello, Sergey. Thanks for the answer. (question dated November 8, 2018). Tell me, please, is a temporary detention center for minors considered a closed institution? The commission was told that through the court he would be placed there for up to 30 days. What preventive measures can be taken, for example? Thank you in advance.

Sergey (senior lawyer)

Additionally, we looked at the legislation. There is a law on the fundamentals of the system for preventing neglect and juvenile delinquency. So it provides for placement in a temporary detention center for minors. This is not a closed special school, it is a completely different type of institution. Preventive measures can be legal education, conversation, issuing a warning, registration for preventive registration, preventive supervision, etc.

Svetlana

My nephew, 13 years old, stole a video camera from the entrance of a residential building. At the commission they said that there would be a trial and most likely the nephew would be sent to a special school within 30 days? It may be so. Is it worth collecting characteristics, maybe you need to contact a lawyer? The boy is still just a child, he doesn’t even understand how serious this is. He is kind, interested in technology - in terms of how everything works. He does a lot of crafts himself.

Sergey (senior lawyer)

Hello Svetlana! Since the boy is not subject to criminal liability, coercive educational measures cannot be applied to him, including sending him to any special schools. Only preventive measures can be applied to him, which do not involve forced placement in any closed institutions.

Svetlana

Hello!!! Tell me please!? If it's 13 summer girl behaves disgustingly at school, swears, provokes fights, disrupts lessons. What measures should be taken?

Sergey (senior lawyer)

Hello Svetlana! Nothing can be done here by legal means, since she has not committed any offenses, but is only behaving immorally. Here it is necessary to take disciplinary measures on the part of the school management, including expulsion from school.

Kate

I have friends (14 years old) who shot from a child’s pistol with bullets. One hit the other in the eye. The cornea is broken, it is unknown whether he will see or not. It is clear that a statement will be written. What will happen to the one who shot?

Sergey (senior lawyer)

Hello, Ekaterina! The degree of liability in this situation depends on several factors: the severity of the injury and the intent to damage the eye. The shooter will be held criminally liable only if the victim was inflicted with serious harm to health and intentionally. In all other cases there will be no criminal liability.

Anna

Hello! My 15-year-old daughter and her friend (16 years old) had fun calling a former teacher who now works at another school. They just made a personal joke about her and her hobby, finding her phone number on a social network, and remembering her past unfair treatment of them. And the teacher, being at her current school at that time, made a fuss, saying that they had called from her daughter’s number and said about possible explosion at this school, that is, it turns out that she came up with everything herself, wanting to teach teenagers a lesson. The FSB arrived at that school, evacuated everyone and searched for explosives with a dog. We were already taken to the police station yesterday and the employee wrote an explanation from the words of her daughter. Then they said to wait for the arrival of the Investigative Committee. But no one came and we were released on Bond, having been given a copy of the protocol on “delivery of a minor to the Ministry of Internal Affairs.” The daughter signed the explanation, and I understand that she is telling the truth and there was no talk of any explosion, they were just making fun of the teacher specifically. Moreover, the initiator was a friend (I have known this girl for a long time and I always did not like their friendship, since since their childhood she had always been inciting my daughter to various stupid and stupid jokes). Records of this telephone conversation not with the teacher. We were told to wait for a call to the station so that the investigation could deal with us further. What does this supposedly threaten us with in the worst case scenario? And how can they prove the fact that there is no corpus delicti, since there really is none? And what does this mean for this teacher if she really made it all up?

Sergey (senior lawyer)

Hello Anna! The worst option is criminal prosecution under Art. 207 of the Criminal Code of the Russian Federation. To do this, the veracity of the teacher’s testimony will be verified by means provided by law. If it turns out that the teacher was lying, she may be held accountable for knowingly false denunciation.

Vadentina

My son (the day after his 14th birthday), under pressure and threats from two teenagers (14 and 16 years old), along with them, steals garden shears in a holiday village, hide the scissors together. A week later, the juvenile investigator calls them all for a conversation (I as I understand it, it was a statement from the injured party) and the teenagers blame everything on him, saying that they ordered him to take it and he took it. The son signed the testimony. What threatens us and is it possible to refuse the previously given testimony (the son claims that he was threatened with beatings and called names) ?Does it make sense to write a statement about threats from “comrades”?

Sergey (senior lawyer)

Hello, Valentina! The son's responsibility depends on the amount of scissors stolen. If their value according to the case materials is less than 2,500 rubles, then nothing will happen. If it is more, then you will be prosecuted under the article of theft. You can refuse testimony at any time, the main thing is that there is some sense in it. If the threats were serious and accompanied by beatings, then you can file a complaint against his friends.

Elena Sizova

Good afternoon. My son is 15 years old. At school, during a lesson, I punched a classmate in the face twice with my fist, with my left hand (weak) for insulting my parents. The guy has a traumatic brain injury and hematoma. What awaits us?

Sergey (senior lawyer)

Hello, Elena! If the injuries are not serious, then they will not be held criminally liable. They can put you on preventive registration in the PDN, and the parents of the victim can file a property claim against you for compensation for treatment costs.

Zhenya

A 16-year-old son raped a pregnant girl, she is already 18, what is his threat? previously convicted of theft.

Sergey (senior lawyer)

Hello! In accordance with Art. 131 of the Criminal Code of the Russian Federation for this crime provides for punishment in the form of imprisonment for a term of 3 to 6 years.

Marinv

Hello, please tell me what will happen to my son (16 years old) (his birthday is in 20 days) He stole things worth 3 thousand from the store He took off the tag (Damaged the item) He put it in the Corman and forgot to take it out On the way out, he squeaked, he powdered for about 30 minutes brains to them, and said that he had paid by card And hurried them, said that they needed to work with Rosno (He works in the same trading market where he stole) He promised to come the next day And he came, they told him that the cameras were not yet They looked, and asked him to come the next day, leave his number. (He didn’t come the next day) And the workers wrote a statement, came to his work (And he had a day off), and in the end they fired him. And what will happen to him and me? Is there any way to get out of court?

Sergey (senior lawyer)

Hello, Marina! In this situation, your son will most likely be prosecuted under Part 1 of Art. 158 of the Criminal Code of the Russian Federation. Since the crime was of minor gravity and was committed for the first time, the first time you can get off with a fine. It will be possible to avoid liability if the value of the stolen item is less than 2,500 rubles. But this needs to be discussed with the store management so that they testify accordingly or ask for the case to be dismissed in connection with the reconciliation of the parties.

Sergey (senior lawyer)

Hello, Natalia! The maximum punishment for your son can be no more than 10 years in prison. Given the gravity of the crimes committed, mitigation of punishment is unlikely even in the presence of several mitigating circumstances. The fact that he is the eldest in the family is not considered by criminal law as a mitigating circumstance.

Natalia

My son, at the age of 14, committed a crime under Art. 111 Part 4 and Art. 161 part 1. What threatens him? How can the punishment be mitigated? Is it a mitigation of punishment that he is the eldest child in large family?

Ilya

Hello, I have a question: let’s say my 13-year-old child killed a man, what threatens him and me? Thank you

Sergey (senior lawyer)

Hello, Ilya! In this case, the child will not be held criminally liable. Certain preventive measures will be taken against him, for example, placement in a hospital for treatment or in a special educational institution.

Natalia

Hello, my son and a group filmed how incredibly old boys did blow jobs to each other, while they did it for a lighter, one teenager suggested it to them

Sergey (senior lawyer)

Hello, Natalia! If your son is under 16 years old, he will not be prosecuted.

Natalia

Hello! An 8-year-old son and his friends, 6 people in total, damaged an abandoned car. A couple of weeks later the owner showed up and wants to file a statement with the police. what does this threaten us with?

Sergey (senior lawyer)

Hello, Natalia! They will definitely not be held criminally liable, but the owner can file a claim for compensation for material damage, which will be recovered from the parents.

Elena Zubkova

Hello. My daughter and two friends stole things from a store, totaling about 2,000, each of them found a pair of T-shirts in their backpacks. They called a traffic police inspector and drew up a report. Are there any chances of avoiding registration and at what stage the school is informed about the incident.

Sergey (senior lawyer)

Hello, Elena! They will definitely be registered, since the girls committed a criminal offense. They will not be prosecuted only because they have not reached the age of prosecution.

Olesya

Hello. My 14-year-old son was beaten by a group of teenagers of different ages 14,15,16,17 years old and presumably 1 adult. The instigator of the fight is 14 years old, but he is already registered. There is a video immediately after the incident, where they filmed his bloodied son and forced him to apologize , humiliated and threatened him. There are screenshots of the message after the threat. I would like to know what threatens the instigator and the rest of the participants in the incident, what responsibility will those who observed bear and can we demand moral and physical compensation from the participants in the beating? It’s scary to let a child out of at home. The extent of the damage to health has not yet been determined by a forensic expert.

Sergey (senior lawyer)

Hello, Olesya! Without establishing the severity of the harm caused to health, it is impossible to qualify what these teenagers did and, therefore, apply the rule on the age of criminal responsibility. If serious or moderate harm is caused, all teenagers will be prosecuted. In any case, you can demand, through civil proceedings, the recovery from the parents of all teenagers of compensation for moral damage caused and losses in connection with treatment costs.

Olesya

Thanks for the answer.

Olesya

Hello! In order to be assigned an average degree of harm to health, is it necessary to stay in the hospital for more than 21 days or is both inpatient and outpatient treatment taken into account together?

Sergey (senior lawyer)

There must be incapacity for work for more than 21 days. Typically, disability includes hospitalization.

Almagul

Hello. A 15-year-old child was convicted under Art. 163, part 2, for 1 year of probation. He committed the crime at the age of 14. Please tell me, will information about his criminal record remain in the Ministry of Internal Affairs database?

Sergey (senior lawyer)

Hello! Naturally, since the court verdict came into force and the person committed a crime.

Hello, my 13-year-old son was beaten on the street by two previously unknown teenagers, 15 and 16 years old. The son was admitted to the hospital with a diagnosis of cerebral trauma and bruises, etc. He didn’t call them names, he didn’t beat them back, there are 3 witnesses, those who beat them are registered with the police department and have previous convictions, the police department assures that they can only be punished by conversation, other measures of influence, my non-child is very depressed, he’s afraid to go for a walk alone, now by the decision of a neurologist be on outpatient treatment. Witnesses claim that they beat him very brutally, in the city center, during the day, more than 5 blows to the head area. Is it really impossible to punish them? I believe that they had already talked to them earlier and that it didn’t help, if I leave this they will continue to beat the children. Help.

Sergey (senior lawyer)

Hello! Criminal liability can be brought only if the son suffers serious or moderate harm to health. You can also file a civil claim against their parents to recover treatment costs and compensation for moral damages.

Valentina

Good afternoon Please tell me if a 17-year-old teenager had sexual intercourse with a 14-year-old. Will he be punished?

Sergey (senior lawyer)

Hello, Valentina! Responsibility for this crime begins at the age of 18. Therefore, the teenager cannot be held accountable.

Natalia

Hello. A 15-year-old grandson received a complaint about a threat of physical harm from the mother of a 17-year-old teenager. The Prosecutor's Office reviewed the case materials and issued a decision: TO REFUSE TO INSTITUTE A CRIMINAL PROCEEDING ON THE REPORT OF THE COMMISSION OF A CRIME PROVIDED FOR IN ARTICLE 119 OF THE RF Criminal Code, ON THE GROUNDS PROVIDED Nym Ch .2 ART.20,P.2 OF PART ONE OF ART.24 of the Code of Criminal Procedure of the Russian Federation. Tell me please, will my grandson be registered with the police? The characteristics are good, I was not previously registered.

Sergey (senior lawyer)

Hello, Natalia! In this situation, they can register. It is necessary to look at why the case was refused: due to age or due to the fact that the grandson’s actions did not constitute a crime for other reasons.

Nina

Hello! My son is 16 years old, his friend 17 drove the car, having received the code from the account, my son and girlfriend were in this car, all minors, what will happen now to these youngsters and what are the consequences, will this drive affect future admission to an institute with a military department

Sergey (senior lawyer)

Hello Nina! Depending on how your son took part in the theft, the issue of bringing him to justice as an accomplice will be decided. Having a criminal record will definitely have a negative impact on admission to college, although there are no formal bans on getting higher education a person with a criminal record is not included in the law.

Lyudmila

Hello. Let’s say a child under 14 killed a person and was sent to a special school. I would like to know in more detail its approximate internal routine, what is it like in terms of freedom, conditions and when can he leave it? Thank you!

Sergey (senior lawyer)

Hello, Lyudmila! You need to find out about this at a specific school, which itself adopts similar internal rules. The length of stay in this school will be determined individually by authorized police and guardianship officers.

Veronica

Hello, please tell me, do the crimes committed by minors include crimes committed by persons under 13 years of age? Or only persons from 14 to 17 years of age are included, since according to the Criminal Code of the Russian Federation this category is considered to be minors, moreover, responsibility is provided for from 16 years of age, for certain types from 14 years of age.

Sergey (senior lawyer)

Hello, Veronica! As a general rule, criminal liability begins at the age of 16, but for certain crimes you can be held accountable at the age of 14.

Sasha

If 13 summer child get a job in his free time from school and without physical labor, something like a games specialist, where employers knew about his age, what responsibility the boy and the employer could bear

Sergey (senior lawyer)

Hello! The boy will not bear any responsibility, and the employer may be held administratively liable for violating labor laws.

Daria

Hello. If a crime is committed by a teenager under 14 years of age, will the parents be punished in his place? Why? Thank you in advance.

Sergey (senior lawyer)

Hello, Daria! Parents cannot be held criminally liable for their child's crimes. They can only bear property liability for material damage.

Zhanna

Two minors, a 16-year-old and a 14-year-old, started a fight. The 16-year-old responded to the insults of a 14-year-old teenager with a blow to the face, thereby harming the health of the minor teenager. What punishment is provided for this issue?

Sergey (senior lawyer)

Hello! An older young man will most likely be brought to administrative responsibility for battery. He may be brought to criminal liability if the victim suffered minor or more serious harm to health.

Zaur

Good evening! Two boys got into a fight, one 10 years old, the other 13 years old. A 13-year-old broke the nose of a 10-year-old. There is a certificate from the emergency room. What responsibility will a 13-year-old boy or his parents bear?

Sergey (senior lawyer)

Hello! The boy will not be held criminally responsible because he has not reached the age of criminal responsibility. The parents of a 13-year-old boy can be required to reimburse the costs of medical services and medications.

Alexander

Hello. How relevant is this article now 04/11/18?

Sergey (senior lawyer)

Hello, Alexander! To check its relevance, you can use the current version of the Criminal Code of the Russian Federation.

Victoria

What will the judge's decision be in a case where an 11-year-old child accidentally hit a passerby with a car in the presence of an adult and fled the scene of the crime?

Sergey (senior lawyer)

Hello, Victoria! The child cannot be held criminally liable. Therefore, the case simply will not go to court.

Larisa

Will a 13-year-old child be prosecuted for the murder of a relative if the relative causes psychological trauma? And will the parents be held responsible?

Sergey (senior lawyer)

Hello, Larisa! No, it will not. The age of criminal responsibility is 14 years. Parents will also not be held criminally liable. It is possible for parents to be brought to civil liability by close relatives of the murdered person.

Alexei

Hello, I have a question: my friend and I were walking and we took out a window but didn’t take anything from the house, that we or our parents will be like we are only 11-12 years old for this.

Sergey (senior lawyer)

Hello, Alexey! You may be placed on preventive registration with the police, and your parents will be forced to compensate for the material damage caused.

Juliana

Hello, my child is 15 years old, he is registered, recently he and his friends threatened a girl, “if you spread rumors, we will break your face.” What can he face for this?

Sergey (senior lawyer)

Hello! He will not be held criminally responsible because he is under 16 years old. In addition, the threat of battery is not a criminal offense. Therefore, the maximum that he and you face is the filing of a claim by the injured party for compensation for moral damage.

Victoria Sokolova

I am 14 years old, at school I was detained with a bag of “drugs”, with the help of an examination it turned out that it was not a narcotic substance. Classroom teacher I told my mom that I needed to go to the police about my correspondence with a classmate about drugs, she wanted to know where she could get them. What will happen to me if I don’t come to the police, and what will happen if they find out why my classmate wrote to me?

Sergey (senior lawyer)

Hello, Victoria! You will not be held criminally liable, but you may be registered in the children's room of the police, that is, on preventive registration. This will mean that you will receive increased attention from juvenile affairs inspectors; they will come home and call the police.