Criminal Code of the Russian Federation in the latest edition:
Article 87 of the Criminal Code of the Russian Federation. Criminal liability of minors
1. Persons who at the time of committing a crime were fourteen years old, but not eighteen years old, are recognized as minors.
2. Compulsory educational measures may be applied to minors who have committed crimes or they may be sentenced, and if released from punishment by the court, they may also be placed in a special closed educational institution.
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Comments on Article 87 of the Criminal Code of the Russian Federation
The provisions of Chapter 14 of the Criminal Code of the Russian Federation apply to minors subject to criminal liability.
In accordance with Part 1 of Art. 87 of the Criminal Code of the Russian Federation, persons who at the time of committing a crime were 14 years old, but not 18 years old, are recognized as minors.
It is this category of minors that can become the subject of criminal law relations, and it is necessary to take into account a number of limiting factors, for example:
- age and category of crimes (not all crimes are punishable at the age of 14);
- age, type and terms of punishment (not all punishments can be applied to minors, and the terms or amounts of punishments are significantly reduced).
The law also provides for other features of criminal liability and punishment of minors.
Second commentary to Art. 87 of the Criminal Code of the Russian Federation
1. In Art. 87 of the Criminal Code, a “minor” is defined as a special (separate) subject of criminal liability. The age of the subject of responsibility (a subjective element of the crime) is not directly related to the issue of the peculiarities of criminal liability. The age of the subject of the crime is not a legal, but a socio-political issue. Whatever the minimum age limit for responsibility for a particular crime we may arrive at, in legal terms the main question is what should distinguish the responsibility of a “minor” from the responsibility of an ordinary (“general”) subject.
The criminal and political basis for resolving this issue are international standards:
1) Declaration of the Rights of the Child (adopted on November 20, 1959 by Resolution 1386 (XIV) at the 841st plenary meeting of the UN General Assembly);
2) UN Convention on the Rights of the Child (approved by the UN General Assembly on November 20, 1989, ratified by Resolution of the USSR Supreme Council of June 13, 1990 No. 1559 - I);
3) UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, 1985);
4) UN Standard Minimum Rules for Non-custodial Measures (Tokyo Rules, adopted 29.11.1985);
5) UN Rules for the Protection of Juveniles Deprived of their Liberty (1990);
6) UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines 1990).
2. The characteristics of the subject of responsibility (and not the subject of the crime) should affect the forms of implementation and limits of criminal liability, its implementation, differentiation and individualization. These provisions are formulated in subsequent articles of Chapter 14 of the Criminal Code.
Establishing the exact age of the person liable
Since the law establishes special conditions for criminal liability and punishment specifically in relation to minors, it is fundamentally important to establish the exact age of the person subject to liability.
In accordance with clause 1, part 1, art. 421 of the Code of Criminal Procedure of the Russian Federation, establishing the age of a minor is among the circumstances subject to proof in cases of minors. It should be taken into account that a person is considered to have reached the age at which criminal liability begins, not on his birthday, but after the day on which this day falls, i.e. from zero o'clock the next day. So, if your birthday is January 20, 2003, then January 21, 2022 will be considered the day of majority.
When establishing by a forensic medical examination (in the absence of documents) the age of the defendant, his birthday is considered to be the last day of the year named by the experts, and when determining the age of the minimum and maximum number of years, the court should proceed from the minimum age of such a person proposed by the experts.
Judicial practice under Article 87 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated February 14, 2019 N 56-APU19-1sp
- lawyer V.N. Popov. in the interests of the convicted person, Kratasyuka asks to change the sentence and impose punishment using Art. Art. , the Criminal Code of the Russian Federation, citing the fact that the crime for which Kratasyuk was convicted was committed when he was a minor; according to the lawyer, Kratasyuk’s acquaintance with Nekrylov occurred in early February 2022 and the agreement on the method and weapon of murder, as well as the amount of reward for the murder, took place until February 18, 2022, that is, during Kratasyuk’s minority; in addition, the defense believes that the organization of court hearings could have caused a sharp negative attitude of the jurors towards Kratasyuk, since the location of the jurors and the victims was in close proximity - about two meters; the demonstration of physical evidence—K.’s bloody things—could also have contributed to the formation of a biased attitude among the jurors;
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 13, 2021 N 82-UD21-8-A2
Based on the results of the proceedings, despite the position taken by Dubrovin regarding the charges brought against him, which consisted in denying the intent to kill the victim and to take possession of his mobile phone, the court, on the basis of evidence verified and assessed according to the rules of Art. Art. , the Criminal Code of the Russian Federation, came to the correct conclusion that their totality is sufficient to convict Dubrovin for committing these actions, in support of which he cited: Dubrovin’s testimony given at the court hearing and at the stage of the preliminary investigation of the case, the testimony of witnesses S., N. , and L., a protocol for the seizure of a phone belonging to P. from Dubrovin, the results of viewing video recordings from surveillance cameras that recorded Dubrovin’s actions towards the victim, as well as expert opinions, including the nature of the injuries, the mechanism of their formation and those caused by P. ., finding them in a causal relationship with his death.
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 21, 2021 N 1-UD21-20-A2
Based on the results of the proceedings, despite the position taken by Guseyinzade towards the charges brought against him, which consisted in denying his guilt in committing crimes, the court, on the basis of evidence verified and assessed according to the rules of Art. , the Criminal Code of the Russian Federation, came to the correct conclusion that they were sufficient to convict Guseinzade, in support of which he cited his and Tarasov’s confessions given at the stage of the preliminary investigation of the case and read out at the court hearing in accordance with paragraph 3 of Part 1 of Art. 276 of the Code of Criminal Procedure of the Russian Federation, protocols for checking these testimonies on the spot, in the part where their testimonies about the circumstances of the case do not contradict each other and form a combination with other examined evidence, such as: testimonies of the victim G., witnesses A., G., K. , K., E., A., R., E., Sh. and others, expert opinions, results of inspection of the scene of the incident and various objects, audio files with conversations, protocols of other investigative actions and written case materials, including, concerning the circumstances of the acquisition of a car used in the commission of a crime, as well as information provided by mobile operators and the bank.
Establishing the fact that a minor is lagging behind in mental development
If it is established that the minor has reached the required age, but due to mental retardation not associated with a mental disorder, during the commission of a socially dangerous act he could not fully understand the actual nature and social danger of his actions (inaction) or direct them , he is not subject to criminal liability (Part 3 of Article 20 of the Criminal Code of the Russian Federation). Accordingly, the provisions of Chapter 14 of the Criminal Code of the Russian Federation do not apply to him.
If there is evidence of mental retardation of a minor defendant, by virtue of Art. Art. 195 and 196, part 2 of Art. 421 of the Code of Criminal Procedure of the Russian Federation, a judicial comprehensive psychological and psychiatric examination is appointed to resolve the issue of the presence or absence of mental retardation in a minor.
These questions can be put to the permission of an expert psychologist, and the question must necessarily be raised about the degree of mental retardation of a minor whose intellectual development does not correspond to his age.
When investigating and judicially considering cases of crimes committed by minors, investigative bodies and courts must take into account the physical, intellectual, psychological, social level of development of the teenager, his living conditions, the ability to adequately assess the situation and his actions and, taking these factors into account, give an appropriate assessment of the crime committed by the minor. deeds.
Commentary to Art. 87 Criminal Code
1. The provisions of Chapter 14 of the Criminal Code apply to minors subject to criminal liability. If it is established that the minor has reached the required age, but due to mental retardation not associated with a mental disorder, during the commission of a socially dangerous act he could not fully understand the actual nature and social danger of his actions (inaction) or direct them , he is not subject to criminal liability (Part 3 of Article 20 of the Criminal Code). Accordingly, the provisions of Chapter 14 of the Criminal Code do not apply to him.
2. In exceptional cases, according to Art. 96 of the Criminal Code, the court, taking into account the nature of the act committed and the identity of the perpetrator, can apply the provisions of Chapter 14 of the Criminal Code to persons who committed crimes between the ages of 18 and 20 years, except for placing them in a special closed educational institution of the educational management body or an educational colony.
Issues of sentencing for minors
Considering the issues of imposing punishment on minors, the Plenum of the Supreme Court of the Russian Federation, in Resolution No. 1 of 02/01/2011, drew the attention of the courts to the need for increased attention to the timely and high-quality consideration of cases of juvenile crimes. Legal proceedings in cases of this category, in accordance with the explanations of the Plenum, should be based on strict compliance with the requirements of substantive and procedural legislation, maximally contribute to ensuring the interests of protecting the legal rights of minors, imposing fair punishment, and preventing the commission of new crimes. When deciding the issue of imposing a sentence on minors, the court was recommended to discuss, first of all, the possibility of applying a punishment not related to deprivation of liberty, bearing in mind not only the requirements set out in Art. 60 of the Criminal Code of the Russian Federation (the nature and degree of public danger of the crime committed, personal data, circumstances mitigating and aggravating punishment), but also the conditions provided for in Art. 89 of the Criminal Code of the Russian Federation (living conditions and upbringing of a minor, level of mental development, other personality characteristics, influence of older persons). The court has the right to decide to impose a sentence of imprisonment on a minor only when his correction is impossible without isolation from society, necessarily motivating the decision in the verdict.
Another commentary on Article 87 of the Criminal Code of the Russian Federation
1. The state’s great attention to teenagers and the prevention of crime among them is evidenced by the allocation of an independent section V (Chapter 14 of the Criminal Code of the Russian Federation), dedicated to the peculiarities of criminal liability and punishment of minors. The legislator proceeds from the fact that they are persons who at the time of committing the crime were 14 years old, but not 18 years old. Minors who have reached this age have a clear understanding of the social danger and criminal liability of the corresponding criminal acts.
2. General issues of criminal liability, including those extending to minors, are regulated by other chapters of the General Part of the new Criminal Code. Yes, Art. 20 establishes the general (16 years) and special (14 years) age of criminal responsibility. At the same time, the age of the person who committed the crime is established in accordance with the requirements of criminal procedural law and the explanations of the Plenum of the Supreme Court of the Russian Federation, given in the Resolution of 01.02.2011 “On the judicial practice of applying legislation regulating the specifics of criminal liability and punishment of minors.”
3. If there is evidence of mental retardation in minors, the courts, in accordance with the requirements of the criminal procedure law, must find out its degree, whether the teenager could realize the significance of his actions and to what extent he could control them. If necessary, an examination should be carried out by specialists in the field of child and youth psychology (psychologists, teachers); relevant questions can be put to the permission of an expert psychiatrist.
4. Depending on the nature and degree of public danger of the crime committed, the court in accordance with Part 2 of Art. 87 of the Criminal Code can apply not only punishment to a minor, but also compulsory educational measures.
