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Publication date: 29.04.2024
Peculiarities of criminal liability of minors
The Criminal Code of Ukraine defines special rules regarding criminal liability and punishment for minors, taking into account their age status and psychophysiological characteristics. The main provisions in this regard are contained in Articles 97-108 of the Criminal Code of Ukraine.
The age limit of minors
According to Article 97 of the Criminal Code, minors are persons who have reached the age of 14 and have not reached the age of 18.
Special principles of criminal liability
For minors, special principles of criminal responsibility are applied, in particular, their incomplete understanding and insufficiently developed willpower are taken into account.
Persons who have reached the age of 16 are subject to criminal liability for their crimes. Persons between the ages of 14 and 16 may also be prosecuted for some types of crimes.According to Article 22 of the Criminal Code of Ukraine, minors between the ages of 14 and 16 may be held criminally liable for the following crimes: intentional homicide; intentional grievous bodily harm; intentional bodily injury of moderate severity; sabotage; gangsterism; terrorist act; taking hostages; rape; sexual violence; theft; looting; brigandage; extortion; intentional destruction or damage to property; damage to roads and vehicles; hijacking or seizure of railway rolling stock, air, sea or river vessel; illegal possession of a vehicle; hooliganism; cruelty to animals; encroachment on the life of a state or public figure, an employee of a law enforcement agency, and other specified persons.
The possibility of releasing a minor from criminal responsibility with the use of coercive measures of an educational nature
A minor who has broken the law for the first time or has committed a careless, minor crime may be released from criminal liability if his correction is possible without the use of punishment. In such cases, the court may impose coercive measures of an educational nature, such as:
1. warning;
2. restriction of leisure time and establishment of special requirements for behavior;
3. handing over to the supervision of parents, pedagogical or work staff;
4. imposing on a minor the obligation to compensate for damages;
5. referral to a special institution for children and adolescents for correction for up to three years.The court determines the duration of these educational measures and may appoint a tutor if necessary. In case of evasion of these measures, the minor will be held criminally liable.
Types of punishments that can be applied to a minor
Minors who have committed a crime may be subject to various types of punishments in accordance with the Criminal Code of Ukraine. These types of penalties include:
The main types of punishments:
1. Penalty: Applies only to minors who have their own income, funds or property. The amount of the fine is set by the court depending on the severity of the crime and the property status of the minor, up to UAH 8,500.
2. Community service: Assigned to a minor between the ages of 16 and 18 for a certain period of time (from 30 to 120 hours) and consists in the performance of work during free time from studies or main work.
3. Correctional work: Can be assigned to a minor between the ages of 16 and 18 at the place of work for a certain period (from two months to one year), with deduction of part of the earnings (from 5 to 10 percent) in favor of the state.
4. Arrest: Keeping a minor (from 16 years old) in isolation in specially adapted institutions for a certain period (from 15 to 45 days).
5. Deprivation of liberty: Can be applied to minors, but for a period of no more than ten years, depending on the gravity of the crime. An exception is the deliberate taking of a person's life, for which a minor can be sentenced to imprisonment for a term of up to 15 years.
Additional types of punishments:
Additional types of punishment may include a fine and deprivation of the right to hold certain positions or engage in certain activities.
It is also important to note that material damages caused to minors can be compensated at the expense of their parents if the minor himself does not have sufficient income. In addition, minors are granted additional rights during the pre-trial investigation, such as the participation of a lawyer, legal representative, psychologist or teacher.
Punishment of a minor
When sentencing a minor, the court takes into account not only the circumstances that are taken into account when sentencing adults, but also the minor's living conditions, upbringing, the influence of adults, the level of development and other features.
In the case of a combination of criminal offenses or sentences of a minor, deprivation of liberty as a final punishment may not exceed fifteen years.
Conclusion
The peculiarities of the criminal responsibility of minors reflect not only a special approach to this category of persons, but are also aimed at their education and reintegration into society. Taking into account the peculiarities of age, level of development and upbringing, courts can apply coercive measures of an educational nature instead of punishment. This approach contributes to the restoration of minors in the legal space and the formation of lawful behavior in them. Providing an adequate response to youth delinquency contributes to building a just and humane society where every person, even responsible for their actions, has a chance for correction and positive social adaptation.
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