Publication date: 10.06.2024
Criminal punishment of minors in Ukraine
The criminal legislation of Ukraine provides for a special procedure for criminal responsibility and punishment of minors, which takes into account their age, level of development and other socio-psychological factors. This is in line with the principles of humanizing justice and international standards for the protection of children's rights.
Exemption from criminal responsibility with the use of coercive measures of an educational nature
According to the Criminal Code of Ukraine, minors can be exempted from criminal responsibility by applying coercive measures of an educational nature. Such measures include: warnings, transfer to parental supervision, restrictions on leisure time and setting special requirements for behavior.
Types of juvenile punishments
The following types of punishments may be applied to minors:
1. Fine.
2. Public works.
3. Corrective works.
4. Arrest.
5. Deprivation of liberty for a certain period
Probation supervision
Probation supervision is an important element of the juvenile justice system. It consists in monitoring the behavior of a minor by specially authorized bodies, which contributes to his social rehabilitation.
Deprivation of liberty for a certain period
Deprivation of liberty for minors is used as a last resort and only for serious or particularly serious crimes. The term of punishment, as a rule, is shortened compared to adult criminals.
Punishment
When imposing a punishment, the court takes into account the age of the minor, the circumstances of the crime, the conditions of life and upbringing, the level of development, the state of health and other circumstances that are important for determining the degree of guilt.
Exemption from serving a probationary sentence
A minor may be released from serving a probationary sentence if the court considers that his correction is possible without isolation from society. In this case, an examination period is established, during which the minor must comply with certain conditions. The prescribed limits of the duration of the examination period are from one to two years.
Exemption from punishment with the use of coercive measures of an educational nature
This release is applied if the court considers that the minor can be corrected without serving a sentence, but with the mandatory use of coercive measures of an educational nature.
Coercive educational measures may be as follows:
1. Disclaimer.
2. Limiting leisure time and establishing special requirements for the behavior of minors.
3. Transfer of a minor to supervision.
4. Imposition of the obligation to compensate for property damage.
5. Referral to a special educational institution.
Parole from serving a sentence
A minor may be released on parole from serving a sentence, provided that he has positively proven himself during the serving of the sentence and there are grounds to believe that he will not commit a new crime.
Conclusion
Ukrainian criminal legislation regarding minors seeks to achieve a balance between the need for punishment for committed crimes and the provision of conditions for the correction and rehabilitation of minor offenders. This approach meets international standards and contributes to the humanization of the justice system.
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