Course work|Criminal law

Course Features of criminal responsibility and punishment of minors

Authorship: Infostore

Year: 2013 | Pages: 41

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Introduction

Chapter 1. Historical evolution of ideas and views on criminal responsibility and punishment of minors

1.1. Features of the development of Russian legislation on criminal liability of minors in the period from the XVII to the beginning of the XX century.

1.2. The criminal legal significance of age for differentiating the responsibility of minors

Chapter 2. Theoretical foundations of the concept of criminal responsibility and punishment of minors

2.1. Definition of criminal responsibility of minors: concepts and features of their manifestation in modern society

2.2. Institute of Criminal Punishment of Minors in Russia

Chapter 3. Legal problems in the sphere of regulation of criminal liability and punishment of minors

3.1. Grounds and conditions for the release of minors from criminal liability and punishment

3.2. Problems of proof in criminal cases against minors who are not subject to criminal liability

Conclusion

List of sources used

Reaching a certain age is a prerequisite for criminal prosecution. According to N. G. Kadnikova, history of development of domestic and foreign criminal law knows examples of different, mostly lower age limits of criminal responsibility, and knows examples of the absence of such formalized borders in the criminal law, when the possibility of accountability is not solved by the legislator and enforcer in each case .
The choice of the optimal age minimum that allows criminal liability in each country is influenced by many factors due to political, social, and economic prerequisites. For example, those who propose to lower the age limit of criminal liability are motivated by the fact that the danger of many crimes is so obvious, and their prohibition is well known, that they are able to understand and understand it much earlier than 14 or 16 years, and the commission of these acts by such persons is not uncommon . They object that lowering the age of responsibility will lead to the criminalization of a large array of acts, and the socio-economic changes of the last decade have led to the fact that children's leisure is unorganized, the number of low-income families has increased, the problem of child homelessness has arisen, and we do not have the moral right to charge them with committing socially dangerous acts .
The chosen topic is very relevant in modern conditions, when at the present stage of development of Russian society, the state does not have significant economic, organizational, and social opportunities to reduce the level of intensity of criminal manifestations of minors. The situation is even more complicated with the organization of counteraction to socially dangerous encroachments by minors who have not reached the age of criminal responsibility. Therefore, it is not surprising that an increasing number of lawyers are thinking about the need to reduce the minimum age of criminal responsibility . The relevance of the research topic contains provisions and arguments in favor of the scientific and applied significance of the work performed.
The aim of the work is to analyze the features of criminal responsibility and punishment of minors.
To achieve this goal, the following tasks are set::
- to highlight the features of the development of Russian legislation on criminal liability of minors in the period from the XVII to the beginning of the XX century.;
- to study the criminal-legal significance of age for differentiating the responsibility of minors;
- to define the criminal responsibility of minors: concepts and features of their manifestation in modern society;
- give a description of the institute of criminal punishment of minors in Russia;
- identify the grounds and conditions for the release of minors from criminal liability and punishment;
- to formulate the problems of proof in criminal cases against minors who are not subject to criminal liability.
The theoretical basis of the research is the works of Russian and foreign processualists, historians, and lawyers. In the course of the work, an analysis of the current criminal legislation was carried out, the works of domestic scientists were studied, as well as publications in scientific publications and periodicals covering problematic atypical issues that arise when studying this topic.
The methodological basis of the research is the theory of knowledge, its universal method of materialistic dialectics. As general scientific research methods were used: formal-logical and systematic methods of scientific knowledge, description, observation, comparison, analysis and synthesis.
The object of research includes a system of regularities, connections, relationships, problems, activities, legislative gaps and suggestions for improvement.
The subject of the study is the peculiarities of criminal responsibility and punishment of minors.
The formulated conclusions and recommendations can be useful for improving the current legislation and the practice of its application.
The course work consists of an introduction, three chapters divided into paragraphs, a conclusion and a bibliographic list.

Chapter 1. Historical evolution of ideas and views on criminal responsibility and punishment of minors
1.1. Features of the development of Russian legislation on criminal liability of minors in the period from the XVII to the beginning of the XX century.
It is generally believed that the history of the development of legislation on juvenile delinquency begins with the Cathedral Code of Tsar Alexei Mikhailovich in 1649, which explicitly stated that in the Moscow state, the court and punishment in all cases are equal to everyone. That is, minors bore the same responsibility as adults . But later this question was touched upon in the Newly Published articles on the tatebny, robber and murderous cases in 1669. It said: "But in the city laws it is written: if a boy is seven years old, or a demon kills someone, he is innocent of death." This law regulates only one crime - murder, for which face up to seven years were exempt from the death penalty, and for other crimes, therefore, the children were responsible as adults or responsible parents, it depended on the nature of the offense.
On August 23, 1742, the Senate issued a decree " On the recognition of minors of both sexes from birth to 17 years of age; on the release of such in the case of serious crimes from torture and the death penalty and on their punishment, instead of batogi and whips, with the definition of monasteries for correction." According to the Decree, persons under the age of 17 are not subject to the death penalty and are not sent to exile in remote provinces for hard work. The maximum sentence is 15 years in a monastery. Thus, the legislator tried to note as the purpose of punishment the correction and upbringing of children, not leaving them in a criminal environment, thereby introducing them to lawful behavior. We believe that at the present stage, this experience from history is used to solve the problem of juvenile delinquency in a positive way.

Regulatory and legal acts

  1. Criminal procedure code of the Russian Federation from 18.12.2001 N 174-FZ (as amended on 04.03.2013) // SPS Garant
  2. Criminal code of the Russian Federation from 13.06.1996 N 63-FZ (as amended on 04.03.2013) // ATP ConsultantPlus
  3. The Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) were adopted by the UN General Assembly on 29 November 1985.

Scientific and educational literature

  1. Ivar L. K. On the crisis of criminal policy / / Eurasian Legal Journal. 2009. N 7.
  2. Andriukhin N. G. Differentiation of criminal responsibility and punishment of minors: Dis. ... cand. the faculty of law. Moscow, 2012.
  3. Astemirov Z. A. Criminal liability and punishment of minors. Moscow, 1970.
  4. Volkov B. S. Deterministic nature of criminal behavior. Kazan, 1974.
  5. Volosatov A.V. A minor as a subject of criminal responsibility in Russia since the XVIII century (historical and legal aspect). 2006. N 3.
  6. Voloshin V. M. Some problems of differentiation of criminal punishment of minors / / Russian Judge. 2008. N 2.
  7. Voloshin V. Problems of assigning correctional labor and deprivation of liberty to minors convicted / / Criminal Law. 2011. N 1.
  8. Volynskaya O. V. Termination of the criminal case and criminal prosecution. Moscow, 2011.
  9. Gaverov G. S. Problems of assigning punishment to a minor / / Problems of fighting crime. Omsk, 1978.
  10. Gaverdovskaya V. I. The most common violations of the norms of the criminal law allowed by the courts when assigning punishment to convicts // Improving the activities of law enforcement agencies to combat crime in modern conditions: Materials of the International Scientific and Practical Conference. Issue 5. Tyumen: Tyumen State Academy of World Economy, Management and Law( TGAMEP), 2008.
  11. Gritsun, I. M., Criminal liability of minors: the concept and peculiarities of manifestation in modern society // Society and law. 2008. N 3.
  12. Davydenko A.V. Features of criminal liability of minors taking into account their age // The Russian justice. 2010. N 10.
  13. Davydenko V. M. Criminal-legal significance of age for differentiation of responsibility of minors / / Advocate. N 3.
  14. Dyadkin D. Rules of accounting for the minor age of the defendant in the appointment of punishment / / Criminal law. 2011. N 6.
  15. Eleonsky V. A. Criminal responsibility and education of positive responsibility of the individual. Ryazan, 1977.
  16. Kadnikov N. G. On some problems of criminal legislation of the Russian Federation / / Criminal Code of the Russian Federation 10 years (results and prospects): Collection of scientific articles / Edited by N. G. Kadnikov. M., 2006.
  17. Kadnikov N. G. Classification of crimes under the criminal law of Russia: Author's abstract. ... doctor. the faculty of law. Moscow, 2012.
  18. Kireeva N. Categories of crimes and problems of criminal responsibility of minors / / Criminal Law. 2006. N 4.
  19. Klepacki I. A. Criminal liability of a minor // Criminal law of the Russian Federation. General part: the Textbook. / Ed. by D. yu. n., prof. L. V. Inogamova-Hegai, D. yu. n., prof. A. I. Raroga. M.: INFRA-M: KONTRAKT, 2005. Ch. 19.
  20. Konovalova I. A. Trends in the development of self-serving juvenile delinquency and measures to combat it: A retrospective review. 2008. N 4.
  21. Koryagina S. A. Appointment of conditional sentence to minors convicted: theory and practice / / Russian investigator. 2009. N 3.
  22. Kudryavtsev V. N. Law, behavior, responsibility. M., 1986.
  23. Markuntsov S. A. Awareness of criminal law prohibitions in the structure of criminal responsibility of minors / Under the general editorship of D. yu. n., prof. A. E. Zhalinsky. M.: Jurisprudence, 2013.
  24. Mikhailenko K. K. Anticlinoria activities of OVD against group a minor Improvement activities of law enforcement agencies in the fight against crime in modern conditions: Proceedings of the International Scientific and Practical Conference (October 23 - 24, 2008). Issue 5. Tyumen: Tyumen State Academy of World Economy, Management and Law (TGAMEP). 2008.
  25. Naumov A.V. Russian criminal law. General part: Course of lectures. Moscow, 2006.
  26. The Complete Collection of laws of the Russian Empire since 1649 Vol. XI. 1740-1743 St. Petersburg: Printed in the printing house of the II branch of His Imperial Majesty's Own, 1970.
  27. The Complete Code of Laws of the Russian Empire, vol. 14, ed. by G. G. Savich, Part 1, St. Petersburg, 1994.
  28. Predeina L. V. Institute of Criminal punishment of minors in Russia. 2011. N 12.
  29. Reshetnikov F. M. Legal systems of the countries of the world: Handbook. Moscow: Yurid. lit., 2003. p. 82, 119, 142; Minina S. P. Juvenile delinquency. St. Petersburg, 2008.
  30. Rybalskaya V. Ya. Features of proceedings in cases of juvenile delinquency. Irkutsk, 1972.
  31. Sarkisyan M. V. Features of development of the Russian legislation on criminal liability of minors in the period from the XVII to the beginning of the XX century. 2010. N 4.
  32. Collection of materials on the history of socialist criminal legislation. 1917 - 1937, M., 1978.
  33. Selezneva N. A. Subjective grounds of criminal responsibility of minors / / Actual problems of Russian and foreign law: Materials of the scientific conference of post-graduate students of the Department of Civil and Labor Law of the Russian Academy of Sciences. Moscow, January 25, 2002. Moscow: Statut, 2003.
  34. Simanovich A. A. Grounds and conditions for the release of minors from criminal responsibility and punishment / / Criminal executive system: law, economics, management. 2009. N 5.
  35. State of crime in Russia for 2007: Collection / GIAC of the Ministry of Internal Affairs of Russia. Moscow, 2008.
  36. Tagantsev N. S. Russian criminal law. Lectures. Part General. Vol. 1. Moscow: Nauka, 1994.
  37. Shishkov S. Is it legitimate to ask experts about the compliance of a minor accused with his calendar age? / The rule of law. 2012. N 9.

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