1. A person who has reached the age of sixteen at the time of committing a crime is subject to criminal liability.
2. Persons who have reached the age of fourteen at the time of committing a crime are subject to criminal liability for murder (Article 105), intentional infliction of grievous bodily harm (Article 111), intentional infliction of moderate harm to health (Article 112), kidnapping (Article 126), rape (Article 131), sexual assault (Article 132), theft (Article 158), robbery (Article 161), robbery (Article 162), extortion (Article 163), unlawful taking of a car or other vehicle without the purpose of theft ( Article 166), intentional destruction or damage to property under aggravating circumstances (Part two of Article 167), terrorist act (Article 205), undergoing training for the purpose of carrying out terrorist activities (Article 205.3), participation in a terrorist community (Part two of Article 205.4), participation in the activities of a terrorist organization (Part two of Article 205.5), failure to report a crime (Article 205.6), hostage taking (Article 206), knowingly false report of an act of terrorism (Article 207), participation in an illegal armed group (Part two of Article 208), hijacking aircraft or water transport or railway rolling stock (Article 211), participation in mass riots (part two of Article 212), aggravated hooliganism (parts two and three of Article 213), vandalism (Article 214), illegal acquisition, transfer, sale , storage, transportation or carrying of explosives or explosive devices (Article 222.1), illegal production of explosives or explosive devices (Article 223.1), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226), theft or extortion of narcotic drugs or psychotropic substances (Article 229), disabling means of transport or means of communication (Article 267), encroachment on the life of a state or public figure (Article 277), attack on persons or institutions that enjoy international protection (Article 360), an act of international terrorism (Article 361).
3. If a minor has reached the age specified in parts one or two of this article, 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 manage them, he is not subject to criminal liability.
- Article 19. General conditions of criminal liability
- Article 21. Insanity
Commentary to Art. 20 of the Criminal Code of the Russian Federation
As noted above, achieving a certain level of consciousness and social development is acquired with age, when a person, under the influence of the social environment and other influencing factors, acquires a level of social consciousness sufficient to adequately assess his behavior and its consequences.
This level of development is achieved while still a minor, and therefore minors can be held responsible for the acts they commit. However, not all rules of behavior and awareness of the essence of certain actions come at the same time. A number of the most significant norms for society are learned at an earlier age, others at a later age.
In this regard, in Art. 20 of the Criminal Code of the Russian Federation establishes different ages of criminal responsibility.
Her general age is determined in Part 1 of Art. 20 of the Criminal Code of the Russian Federation, which establishes that a person who has reached the age of sixteen at the time of committing a crime is subject to criminal liability. Upon reaching this particular age, as numerous studies show, a person almost fully possesses the necessary social and psychological properties that allow him to correctly assess the social significance of his actions (inaction). This situation determines the state’s position on establishing the age of criminal responsibility for the commission of the vast majority of criminal acts at sixteen years of age.
At the same time, certain rules of behavior and their social significance are learned and realized at an earlier age. These are the basic historically formed rules accepted in society and arising from the norms of morality, morality, and the foundations of the coexistence of people. These rules are also enshrined in most religious teachings. Therefore, the assimilation of such rules as the prohibition of murder, theft and other crimes encroaching on property, as well as a number of other rules of behavior, occurs even before the age of sixteen. Taking into account these circumstances and the increased public danger of certain categories of crimes, the criminal law provides for liability for their commission from the age of fourteen. Basically, crimes for which a reduced age of criminal responsibility is established are classified as grave or especially grave, but there are exceptions in this aspect. Thus, criminal liability from the age of fourteen begins for theft without aggravating circumstances (Part 1 of Article 158 of the Criminal Code of the Russian Federation), which is a crime of minor gravity. Vandalism without aggravating circumstances also refers to crimes of minor gravity (Part 1 of Article 214 of the Criminal Code of the Russian Federation), and in aggravating circumstances (Part 2 of Article 214 of the Criminal Code of the Russian Federation) - to crimes of moderate gravity. Responsibility for vandalism begins at the age of fourteen.
Establishing responsibility for committing a number of crimes from the age of fourteen is not an expression of the excessive severity of the criminal law, especially since the law, based on the principle of humanism, provides for a more lenient attitude towards minors when prosecuting and imposing punishment, but is due to a fairly early awareness of the most important social foundations and the need for their enhanced protection.
In other cases, the legislator establishes an increased age of criminal responsibility. But the establishment of such an age is no longer regulated by the norms of the article under comment, but by the norms of the articles of the Special Part of the Criminal Code of the Russian Federation. The establishment of an increased age of criminal liability is carried out in cases where the legislator assumes that the subject of a crime is an adult with a fairly established worldview, more life experience than minors, a stronger will, etc. In this regard, as indicated in the dispositions of Art. Art. 150, 151 of the Criminal Code of the Russian Federation, the subject of involvement of a minor in the commission of a crime or in the commission of antisocial actions can only be a person who has reached the age of eighteen.
The age of the subject of the crime is a fundamentally important factor in resolving issues of criminal liability. It is determined not from the day of birth, but after the end of the day on which this day falls, i.e. from zero o'clock the next day.
In the absence of documents establishing age, it can be determined on the basis of the conclusion of a forensic medical examination, and the birthday is considered to be the last day of the year indicated in the conclusion. If it is impossible to determine the year of birth and establish the age within the minimum and maximum number of years, the age is determined based on their minimum number.
Attention should be paid to the fact that not only the physical age of a person has criminal legal significance, but also the level of his mental development corresponding to this age. Therefore, Part 3 of Art. 20 of the Criminal Code of the Russian Federation provides for a provision according to which, if a minor has reached the age provided for in Part 1 or 2 of Art. 20 of the Criminal Code of the Russian Federation, but due to a lag in mental development 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.
If there is evidence of mental retardation of a minor, 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 be raised about the degree of mental retardation of a minor whose intellectual development does not correspond to his age.
Article 20. Age at which criminal liability begins
Article 20. Age at which criminal liability begins
[Criminal Code] [General Part] [Section II] [Chapter 4]
. A person who has reached the age of sixteen at the time of committing a crime is subject to criminal liability.
. Persons who have reached the age of fourteen at the time of committing a crime are subject to criminal liability for murder (Article 105), intentional infliction of grievous bodily harm (Article 111), intentional infliction of moderate harm to health (Article 112), kidnapping (Article 126), rape ( Article 131), violent acts of a sexual nature (Article 132), theft (Article 158), robbery (Article 161), robbery (Article 162), extortion (Article 163), unlawful taking of a car or other vehicle without the purpose of theft (Article 166 ), intentional destruction or damage to property under aggravating circumstances (part two of Article 167), a terrorist act (Article 205), undergoing training for the purpose of carrying out terrorist activities (Article 205.3), participation in a terrorist community (part two of Article 205.4), participation in activities terrorist organization (Part two of Article 205.5), failure to report a crime (Article 205.6), hostage taking (Article 206), knowingly false report of an act of terrorism (Article 207), participation in an illegal armed group (Part two of Article 208), hijacking of an aircraft or water transport or railway rolling stock (Article 211), participation in mass riots (part two of Article 212), aggravated hooliganism (parts two and three of Article 213), vandalism (Article 214), illegal acquisition, transfer, sale, storage , transportation or carrying of explosives or explosive devices (Article 222.1), illegal production of explosives or explosive devices (Article 223.1), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226), theft or extortion of narcotic or psychotropic drugs substances (Article 229), disabling means of transport or means of communication (Article 267), encroachment on the life of a state or public figure (Article 277), attack on persons or institutions that enjoy international protection (Article 360), an act of international terrorism ( Article 361).
. If a minor has reached the age provided for in parts one or two of this article, 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 by them, he is not subject to criminal liability.
Judicial practice under Article 20 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 May 23, 2019 N 69-APU19-7
In addition, contrary to the arguments of the appeal, in accordance with Art. of the Criminal Code of the Kyrgyz Republic, and with Art. The Criminal Code of the Russian Federation, the criminal case of the crime of which Kh.M. Kodirov is accused, does not relate to cases of private prosecution.
Determination of the Constitutional Court of the Russian Federation dated October 29, 2020 N 2570-O
According to the applicant, the application of these norms by the Supreme Court of the Russian Federation does not correspond to the constitutional and legal meaning of bringing to criminal liability, contradicts Articles 10, 17 - 19, 45, 46 and 49 of the Constitution of the Russian Federation, Articles - , , , , and of the Criminal Code of the Russian Federation, paragraph 22 of article 5, paragraph 2 of part one of article 6, part four of article 14, articles 24, 90, 171 and 172, part two of article 297, paragraph 3 of part one of article 299 and paragraph 1 of article 307 of the Code of Criminal Procedure of the Russian Federation, article 11 of the Federal Law dated August 12, 1995 N 144-FZ “On operational investigative activities.”
Determination of the Constitutional Court of the Russian Federation dated July 18, 2019 N 1865-O
PART OF THE THIRD ARTICLE OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION, the Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, N.V. Melnikova, Yu.D. Rudkina, V.G. Yaroslavtseva,
Another commentary on Article 20 of the Criminal Code of the Russian Federation
1. As a general rule, for the commission of most crimes, criminal liability begins when a person reaches the age of 16 years. Only for some criminal acts, the social danger of which is significant, criminal liability begins upon reaching the age of 14 years. The list of these crimes is set out in Part 2 of Art. 20 of the Criminal Code of the Russian Federation and is exhaustive.
2. To bring a person to criminal liability, it is necessary to accurately determine his age (day, month, year of birth). This issue is resolved on the basis of relevant documents (birth certificate, passport, etc.). Age is determined not by the beginning of the birthday, but by its end, i.e. a person is considered to have reached the age at which criminal liability begins, not on his birthday, but after the expiration of the day on which this day falls, i.e. from zero hours of the next day. In the absence of documents certifying the date of birth, the age is established in the process of conducting a forensic medical examination. In this case, the subject’s birthday should be considered 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 assumed by the experts. This procedure for establishing the age of a person who has committed an act prohibited by criminal law is defined in Resolution of the Plenum of the Supreme Court of the Russian Federation dated 01.02.2011 N 1 “On the judicial practice of applying legislation regulating the specifics of criminal liability and punishment of minors.”
3. Having provided for the onset of criminal liability for minors from the age of 16, and for some crimes from the age of 14, the law gives the court the right to release such a person from criminal liability in the case of committing a crime of minor or moderate gravity for the first time, if correction can be achieved through the use of compulsory educational measures ( see commentary to Article 90 of the Criminal Code). When imposing a sentence on a minor who has committed a crime of minor or moderate gravity, criminal penalties may be replaced by compulsory educational measures (see commentary to Article 92 of the Criminal Code).
4. In some cases, the rules of so-called age-related insanity apply to minors. We are talking about socially and educationally neglected teenagers, those who have mental retardation, but not due to a mental disorder. In such cases, it is necessary to order an examination of the subject’s mental state with the involvement of specialists in child and youth psychology and pedagogy. If the conclusion of a special psychological and pedagogical examination establishes that a minor, for the above reasons, could not fully possess intellect and will, then he is not subject to criminal liability.
5. In certain cases established by criminal law and in some cases by other federal laws, a special subject of the crime is subject to liability. We are talking about additional characteristics of a subject that the legislator gives him (by gender, age, profession, position).
Application of the norms of Chapter 14 of the Criminal Code of the Russian Federation to persons aged 18 to 20 years
The norms of articles of Chapter 14 of the Criminal Code of the Russian Federation can also be applied to persons who have committed crimes at the age of 18 to 20 years, to whom the types and amounts of punishment provided for in Art. 88 of the Criminal Code of the Russian Federation, as well as compulsory educational measures provided for in Art. 90 of the Criminal Code of the Russian Federation, closed educational institutions assignment to serve a sentence in a correctional colony .
To persons aged 18 to 20 years, the court has the right to apply the provisions of Chapter 14 of the Criminal Code of the Russian Federation selectively, for example: not to apply the provisions of Art. 94 of the Criminal Code of the Russian Federation on reduced statutes of limitations for criminal prosecution, but apply the provisions of Art. 88 of the Criminal Code of the Russian Federation on reduced limits of punishment, etc.
Grounds for applying the norms of Chapter 14 of the Criminal Code of the Russian Federation to persons aged 18 to 20 years
The law connects the possibility of applying the provisions of Chapter 14 of the Criminal Code of the Russian Federation to persons aged 18 to 20 years both with the category of the crime (the nature of the act committed) and with the identity of the perpetrator. It should be borne in mind that the concept of exclusivity used in Article 96 of the Criminal Code of the Russian Federation is evaluative and should be considered as an exception to the general rule, and not as something extraordinary.
Provisions of Art. 96 of the Criminal Code of the Russian Federation can be applied to persons who committed crimes at the age of 18 to 20 years as in the presence of circumstances provided for in Part 1 or 2 of Art. 64 of the Criminal Code of the Russian Federation, and in the presence of other circumstances that the court recognizes as exceptional.
Such circumstances, for example, include a difficult combination of personal and family circumstances, features of the psychological development of the individual, the inappropriateness of refusing compulsory educational measures to correct a person, etc.
It is necessary to take into account such circumstances as delayed intellectual development, the presence of mental disorders that do not exclude sanity, living and upbringing conditions (incomplete or large families, the presence of minor dependents in the care, etc.).
