Depending on the age, situation, conditions, material, criminal, disciplinary or administrative liability may be applied to a minor. They begin at the age of 16, but there are situations when the case is considered at a younger age.
Every offender, including a minor, is legally responsible. It includes material, criminal and administrative types. Up to a certain age, a child can be released from it. Then it is entrusted to legal representatives.
Features of the administrative responsibility of minors
According to the Code of Administrative Offenses of the Russian Federation, administrative liability is provided for by law from the age of 16. These cases are dealt with by district or city commissions for juvenile affairs. The age range can be shifted. The CDN deals with cases involving dangerous antisocial acts from the age of 14, as well as those offenses that are not established by the Criminal Code of the Russian Federation in the period from 14 to 16 years.
There are several features. If the fact of drinking alcoholic beverages, the consumption of narcotic and other prohibited substances under the age of 16 is revealed, the parents, trustees, guardians are responsible for the child. At the same time, the legislation does not provide for special punishments that would be applied only in relation to minors.
A fine can be issued as a punishment if the child has independent earnings. In his absence, the money is paid by the parents. Such type of punishment as administrative arrest cannot be applied to minors.
Most of the controversy arises in relation to young people who are already 16 years old, but they have not yet reached the age of 18. In this case, the specific circumstances of the case are taken into account, data about the person who has committed an administrative offense. In some cases, the subject is released from liability with the application of a measure of influence.
A special feature is that minors are a mitigating circumstance in resolving issues by members of the commission.
Subtleties of consideration of cases
The procedure for considering a case is similar to that which applies to adults. The materials are first studied by the chairman of the commission, after which a decision is made on consideration at the meeting. If necessary, an additional check is carried out.
In preparation:
- age is accurately established;
- living and upbringing conditions;
- facts proving an offense;
- reveals the presence of adults or accomplices.
Before the meeting, the child, parents, and, if necessary, representatives of educational institutions get acquainted with the case. The commission considers the case within two weeks from its receipt. Guilt against an adolescent child is proven with the same degree of validity as an adult. In the course of the proceedings, all materials of the case are assessed, and a decision is made. The latter can be appealed within 10 days.
The Code of Administrative Offenses establishes the specifics of responsibility and punishment of minors. For a misdemeanor, a person must publicly or in writing apologize to the victim. In the presence of independent earnings in situations with damage to property, a fine is imposed. But this applies only to those cases if the amount of damage is not more than ½ the minimum wage.
Sometimes the child is obliged to eliminate defects by his own labor. Such actions can be assigned when a teenager reaches the age of 15. Observation of the subject of a public association or labor collective can be established. In more rare cases, the child is sent to medical and educational institutions. Malicious violators can be placed in special institutions:
- special schools;
- vocational specialized schools.
Such a measure can be set conditionally with a probationary period of 12 months.
Criminal liability of minors
Criminal liability is provided for any crimes from the age of 16, and for grave crimes - from the age of 14. Until this age, it is believed that a person is not able to realize the consequences of his actions. Responsibility is determined by Article 87 of the Criminal Code of the Russian Federation. The factors that influenced the person both at the time of the act and before that are taken into account.
Taken into account:
- physical and intellectual compliance of a person with age according to documents;
- mental development;
- the ability to adequately perceive the current situation;
- living conditions and upbringing.
Features of criminal proceedings
A clarification of the age of the offender is mandatory. It is considered not on the birthday, but from 00.00 hours of the coming day. A case can only be tried by specially trained judges. It concerns pedagogy, sociology, psychology and some other aspects.
Detention is possible only if the suspect has committed a grave or especially grave crime. When considering any cases, the participation of a lawyer is required. Requirements are also made for interrogation. If the subject is in the age range from 14 to 16 years, then the presence of a psychologist or teacher is required. The presence of a specialist is also allowed at an older age.
Legal representatives must be summoned to a court session. If one does not appear, the other is invited. If there are no parents, the function is assigned to the representative of the guardianship and guardianship authorities.
The following nuances are taken into account in the proceedings:
- minor age is a mitigating circumstance;
- restriction of freedom of movement cannot be more than two years and cannot be imposed upon the commission of a light crime for the first time;
- the convicted person cannot receive a term exceeding 6 years;
- terms above 10 years can be assigned for especially grave types of acts.
Penalties can also be imposed in relation to a young person or his parents. When choosing a measure of punishment, preference is almost always given to compulsory pedagogical influences.
Responsibility is assigned from the age of 14 for such types of criminal acts as: intentional harm to health of severe or moderate degree, kidnapping, murder, rape, extortion, terrorist act, vandalism and some others.
Grounds for exemption from criminal liability
Exemption can take place on general and special grounds. The former include repentance, reconciliation, expiration of the statute of limitations, pardon and amnesty. A special kind includes actions that belong to a small or medium category of severity. It is possible to use educational measures. These include warnings, obligations to compensate for harm, restriction of leisure time, requirements for certain behavior.
Disclaimer is possible at any stage of the trial. But there are crimes in which punishment is inevitable. Examples: drug trafficking, terrorist activities, kidnapping or human trafficking.
You can punish with a fine, but the amount must be at least 1,000 rubles. With larger amounts, it is possible to assign payments in installments for up to 5 years. As the main or additional punishment, deprivation of engaging in entrepreneurial and some other types of activity can be applied. The main types are:
- compulsory or corrective labor;
- restriction of freedom;
- deprivation of liberty.
The latter is not assigned if the subject at the time of the crime was under 16 years of age.
Material and disciplinary liability
It concerns minors who work. The first part of Article 243 of the Labor Code of the Russian Federation states that full liability is imposed for the deliberate infliction of damage in the event of a situation in a situation of alcoholic, drug or toxic intoxication.
This applies if the damage was caused as a result of a criminal offense or administrative offense. The evidence may be a court verdict that has entered into legal force, a decision on administrative punishment.
At the same time, by the Resolution of the Plenum of the Supreme Court of Russia, it was established that agreements on full responsibility are not concluded with employees under 18 years of age.
For the commission of a disciplinary offense in case of non-fulfillment or improper fulfillment of duties, the employer may apply such punishments as: reprimand, reprimand, dismissal. These measures are exhaustive, other types cannot be applied to minors. The severity of the act, harm, circumstances and characteristics of the person must be taken into account.
