ST 20 of the Criminal Code of the Russian Federation.
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 of the Criminal Code of the Russian Federation), 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 reporting of an act of terrorism (Article 207), participation in an illegal armed group (part two of Article 208) , hijacking of an air or water transport vessel 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 manufacture of explosives or explosive devices (Article 223.1), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226), theft or extortion 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 enjoying international protection (Article 360), act of international terrorism (Article 361 of the Criminal Code of the Russian Federation).
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.
Commentary to Art. 20 Criminal Code
1. A mandatory feature of a subject is reaching the age at which criminal liability begins. The general age of criminal responsibility is set at 16 years. For a number of crimes, the social danger of which a person is able to recognize at an earlier age, or which are considered by the legislator as especially dangerous in themselves, criminal liability begins at the age of 14 (Part 2 of the article).
2. The general rules for determining age are established in paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 1, 2011 No. 1 “On the judicial practice of applying legislation regulating the specifics of criminal liability and punishment of minors.” The age of a person is determined by official documents, and a person is considered to have reached the age of criminal responsibility upon the expiration of the corresponding day of his birth, i.e. from zero o'clock the next day. In the absence of documentary evidence of the exact age and the known month and year or only the year of birth, the person’s date of birth is recognized as the last day of the month or December 31, respectively. When establishing an age calculated in years, the court should proceed from the minimum age of a person proposed by experts.
3. Part 3 of the article enshrines the concept of so-called age-related insanity. It is associated with a discrepancy between a person’s documented age and his social age due to reasons not related to a mental disorder (if such an age discrepancy is caused by a mental disorder, then either Article 21 or Article 22 of the Criminal Code is applicable). This concept applies to persons from 16 (14) to 18 years of age.
The medical criterion for age-related insanity is a mental retardation not associated with a mental disorder. Such a lag is expressed in social or pedagogical neglect or infantilism of the person. This condition is completely reversible with proper education.
The legal criterion of age-related insanity assumes that a person cannot fully understand the actual nature and social danger of his actions (inaction) or control them.
The temporal criterion of age-related insanity is associated with its presence during the commission of a socially dangerous act.
The legal consequence of age-related insanity is the non-bringing of a person to criminal liability.
Responsibility for minors
On the responsibility of minors
A minor, like any citizen, has rights and responsibilities and is legally responsible for his actions to the state and other people.
This responsibility depends on the age and severity of the act committed. In order to prevent the commission of offenses and be able to defend against unfair accusations, you need to know the basic provisions of the legislation on the responsibility of minors.
The main duty of anyone, including minor citizens, is to comply with the laws and not commit offenses, as well as not to violate the rights and legitimate interests of others.
For failure to fulfill this obligation, a citizen, including a minor, may be subject to four types of legal liability:
- criminal;
- administrative;
- legal;
- disciplinary.
In addition, a minor may be sent to a specialized educational institution, which is not formally considered a punishment, but is also punishable for committing an offense.
Criminal liability of minors
Criminal liability is the strictest type of liability. It occurs for committing crimes, that is, the most dangerous offenses.
Criminal liability begins as a general rule at the age of 16, but for many acts that are crimes, at the age of 14. For example, from the age of 14, criminal liability begins for murder, intentional infliction of grievous or moderate harm to health (including, for example, in a fight), rape, theft, robbery, extortion, knowingly false reporting of an act of terrorism, vehicle theft, hooliganism under aggravating circumstances, theft or extortion of narcotic drugs and others. It must be borne in mind that committing a crime as part of a group (that is, by several people) is an aggravating circumstance and entails a more severe punishment.
Criminal penalties for minors are: fine (if the minor has independent income or own property), deprivation of the right to engage in certain activities (for example, entrepreneurship), compulsory work (work performed in free time from study, without pay), correctional labor ( work at a place designated by the city or district administration, with deduction from earnings), arrest and imprisonment for a certain period (up to ten years).
If a minor has committed a crime of minor or moderate gravity, his punishment may be replaced by compulsory educational measures (consisting, for example, of placing him under the supervision of a specialized body, the obligation to compensate for the harm caused, a ban on visiting certain places, limiting his stay outside the home, etc.) . In addition, at the discretion of the court, a minor may be sent to a specialized educational institution for a period until the age of majority, but not more than 3 years.
Procedure for criminal prosecution:
If the police or prosecutor's office receive information about the commission of a crime, these facts are first checked, then, if the facts are confirmed, a criminal case is initiated and an investigation begins. At the end of the investigation, the case is transferred to the court, which considers the case and makes a verdict.
At the verification stage, if a minor is involved in a crime, he may be interviewed. If a criminal case has already been initiated and an investigation has begun, then they may be summoned for interrogation, which must be carried out according to certain rules: if a minor is a victim or witness, then he can be present during the interrogation, and if he is under 14 years old, a teacher must be present, and, if desired, he can also one of the parents. In this situation, if the teenager is under 16 years old, you can be summoned for questioning through your parents or guardians, or through the administration at the place of study or work.
If a teenager is 16 years old or older, then he may be subject to criminal prosecution for knowingly giving false testimony or refusing to testify, which is warned about at the beginning of the interrogation.
If a minor is suspected or accused of committing a crime, a defense attorney must participate in the interrogation. If the minor has not reached the age of 16, then it is mandatory that a teacher or psychologist also participate in the interrogation. Parents can also participate in interrogation and other investigative actions on the basis of a decision on their admission. A minor can be summoned for questioning only through legal representatives (parents, guardians); The only exception is the case when the minor is in a special educational institution. The participation of a defense attorney must be ensured, and the participation of parents must be ensured at their request also during other investigative actions (search, confrontation, etc.).
If a minor is suspected of committing a crime for which a sentence of imprisonment may be imposed, he may be detained provided that he was caught at the scene of the crime or immediately after it was committed, or victims or eyewitnesses of the crime indicate him, or he has evidence obvious traces of a crime were found, as well as in some other cases, for example, if his identity has not been established. Parents or guardians must be notified immediately of the arrest. From the moment of detention, a minor has the right to demand the provision of a defender (lawyer). The teenager must be immediately explained on what basis and on what suspicion he is being detained. Within 3 hours, a detention report must be drawn up, which must be carefully read and signed, if everything in it is correct. A minor can be detained for a period of no more than 48 hours (this period can be extended to 72 hours), after which they must be released, or, based on a judge’s order, taken into custody, which is allowed only on suspicion of committing a serious or especially serious crime.
After arrest, the minor must be questioned. Before the start of the interrogation, at his request, a private meeting with the defense attorney must be provided. The interrogation procedure here is the same as described above.
It should also be borne in mind that during an arrest, and in all other cases, police officers have the right to use physical force, including combat techniques, but only to suppress crimes and administrative offenses, detain the persons who committed them, and overcome opposition to legal requirements, and only if non-violent methods do not work. At the same time, when using physical force, special means or firearms, a police officer is obliged to: warn of the intention to use them, while providing sufficient time to comply with the requirements of the police officer, strive to ensure that the damage caused is minimal; ensure that persons who have received bodily injuries are provided with pre-medical care and that their relatives are notified as soon as possible. The detainee himself is obliged to obey the lawful demands of the police.
Administrative responsibility of minors
This type of liability is more lenient than criminal liability and occurs for less dangerous offenses.
Administrative responsibility begins at the age of 16. Examples of administrative offenses are: promotion of narcotic drugs, prostitution, petty hooliganism, violation of traffic rules (including ticketless travel), failure to comply with the requirements of a bailiff, appearing intoxicated in public places, etc. However, if you drink alcohol drinks (including beer) or appears in a state of intoxication in a public place, and you are under 16 years old, your parents will bear administrative responsibility. It does not matter how the state of intoxication was achieved: drinking wine, beer, or medications and other substances. Persons who offer you alcoholic beverages or other intoxicating substances are also subject to administrative liability.
The parents of a minor will also be held responsible if they raise you improperly (including, this is possible if the minor commits any antisocial acts, and the guilt of the parents in his improper upbringing will be established).
Administrative penalties, mainly applied to minors, are: fine, paid confiscation of the instrument of the offense (for example, a gun), confiscation of such a weapon (i.e., gratuitous confiscation), deprivation of a special right (for example, the right to hunt or drive a car).
The procedure for bringing to administrative responsibility:
Cases of administrative offenses committed by minors, as well as in relation to them, are considered by commissions on the affairs of minors and the protection of their rights. But, for example, the police can also draw up a report on an offense. You may be detained for committing an administrative offense. The period of detention cannot exceed three hours. Your parents must be notified immediately. If minors are detained, they must be kept separately from adults. After three hours you must be released, but if you arrived in a state of intoxication, three hours are counted from the moment you sobered up.
In the event of an administrative offense, an administrative investigation is carried out, which may include an interview, seizure of material evidence, documents, etc. Then the case is considered by the commission on affairs of minors and the protection of their rights and a decision is made to impose an administrative penalty.
Protection of rights during the investigation and consideration of the case is carried out by parents or guardians. They and the minor can read all the materials of the case, give explanations, present evidence, benefit from legal assistance from a defense attorney and other rights.
Administrative and criminal liability for the same offense cannot be imposed together!
Civil liability of minors
It occurs for causing property damage to someone or causing harm to health, honor and dignity, etc.
Civil liability is property (usually monetary) compensation for harm to the injured person.
Even if a minor caused harm to someone’s health or insulted someone’s honor and dignity, compensation for the harm will need to be made in the form of a certain amount of money.
If a teenager is under 14 years old, his parents or guardians will bear civil liability for the harm you cause.
If a teenager is between 14 and 18 years old, he must compensate for the damage with his property or earnings, and if he does not have it or does not have enough, his parents will compensate.
The procedure for bringing to civil liability:
A person is brought to civil liability by a court decision. This means that if a minor and his parents do not want to voluntarily compensate the victim for damages, he can file a lawsuit against the teenager and/or his parents. As long as the teenager is under 18 years old, his parents (guardians) must represent his interests in civil court, but if he is already 14 years old, the court must also involve the minor in the case if his rights and interests are affected. Civil proceedings do not provide for preventive measures, detention or other coercive measures. Evidence in the case is collected and presented by the plaintiff and defendant themselves.
Criminal and civil liability for the same offense can occur together (for example, imprisonment and compensation for harm (monetary compensation) to the victim). Administrative and civil liability may also occur together.
Disciplinary responsibility of minors
It can only be applied if the minor is working under an employment contract. It occurs for violation of labor discipline (being late, failure to fulfill one’s duties, etc.). There are only three forms of disciplinary liability: reprimand, reprimand, dismissal. There cannot be disciplinary liability in the form of deductions from wages or in other forms. However, if damage is caused to the employer's property, financial liability may arise in the form of compensation for damage.
The procedure for bringing to disciplinary liability:
These three penalties are imposed by orders of the employer. It can be appealed to the labor inspectorate or trade union.
Other measures applied to minors
If a minor aged 11 years or older has committed a criminal offense, but has not yet reached the age of criminal responsibility, or has committed a crime of average gravity, but has been released from punishment by the court, he may be placed in a special closed educational institution. This is done on the basis of a judge's order or a court verdict. The maximum period for which a minor can be sent there is 3 years. This measure is legally considered not a punishment, but a special form of education for minors.
Minors who have committed socially dangerous acts may be temporarily sent to temporary detention centers for juvenile offenders. As a general rule, they are kept there for no more than 30 days.
Minors held in special educational institutions may be subject to penalties such as a warning, reprimand, or severe reprimand.
Another measure applied to minors is exclusion from an educational institution (school, college, etc.). It can be applied for gross and repeated violations of the institution’s charter or the commission of illegal actions by decision of the institution’s administration. However, this measure can only apply to children over 14 years of age.
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On the responsibility of minors
July 29, 2022 15:44 (21.22 KB) Watch
Second commentary to Art. 20 of the Criminal Code of the Russian Federation
1. A necessary condition for the emergence and implementation of the rights and obligations of a person is his ability to act as an active participant in public (criminal law) relations. The state recognizes such ability for a person who has reached a certain age: general - 16 years (Section 1, Article 20) and exceptional - 14 years (Part 2, Article 20).
2. The total age of the subject of the crime is 16 years. The legislator established it based on the idea of a person’s social maturity, sufficient for his responsibility, as a general rule, for all crimes.
3. The exceptional (minimum) age of the subject of the crime is 14 years. The legislator, although recognizing it as sufficient for criminal liability, strictly limits the list of crimes for which responsibility begins at the age of 14. It includes only those crimes whose social and legal meaning is understandable to a person who has not reached social maturity (Part 2 of Article 20).
4. The special age of the subject of the crime is provided for in the articles of the Special Part of the Criminal Code (for example, in articles 150, 151, 134, 135).
5. According to the legal tradition, in Russian (and foreign) criminal legislation the age of the subject of a crime is determined according to the principle of sufficiency of socio-psychological maturity for imputation (responsibility). In specific circumstances, the social and socio-psychological underdevelopment of a person characterizes his social (age-related) insanity as the inability to bear criminal responsibility due to his individual characteristics, individual underdevelopment not associated with a mental disorder (Part 2 of Article 20).
6. The age of criminal responsibility is established on the basis of documents certifying it. 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.
In cases where there are no documents certifying age, age is established by the court based on the conclusion of a forensic medical examination. When establishing the age of a defendant through a forensic medical examination, his birthday is considered to be the last day of the year, which is named by experts, and when determining the minimum and maximum age, the court should proceed from the minimum age of such a person proposed by experts.
Amendments have been made to the State Duma on sentences of up to 15 years for fakes about the actions of the RF Armed Forces
Fakes related to the actions of the Russian Armed Forces will be subject to criminal liability. Such a bill has been submitted to the State Duma. They propose to punish dangerous false news with imprisonment for a term of up to 15 years.
The head of the Duma Committee on Security and Anti-Corruption, Vasily Piskarev, informed reporters about the changes. According to the parliamentarian, for the production of fakes with disinformation about military operations and their distribution, according to the document, up to three years of imprisonment are provided. The term may increase if such activity is carried out using an official position or by an organized group of persons using the Internet and other wide distribution opportunities. Then the punishment will be higher - from 5 to 10 years in prison. Maximum liability will be imposed if the person disseminating fake news knowingly knows that it is false, and such disinformation has socially dangerous consequences. Then the punishment is up to 15 years in prison.
According to the deputy, the committee records a lot of fake news about the progress of the special military operation to protect the DPR and LPR. Moreover, most of them are generated in Ukraine, where there are special centers that take staged shots and create false news. Their “creativity” is picked up by a number of Russian media, as well as users on social networks. “Such facts should be the subject of a criminal investigation, and those involved in falsification should be punished in the most severe manner,” the parliamentarian believes.
The head of the committee emphasized that disinformation about military operations demoralizes society. “And most importantly, this is a huge blow to the relatives and friends of the fighters,” he added. “We must understand that everyone perceives these fakes differently, some take these images to heart,” Piskarev said. According to him, an ideological war is no less powerful than a war using weapons, and it is very important today to protect the guys who are fighting for peace and freedom, which Ukraine has lost recently. Earlier, Piskarev stated that State Duma Chairman Vyacheslav Volodin approved the committee’s proposal to develop such a bill.
Deputies are recording a lot of fake news about the progress of a special military operation to protect the DPR and LPR. Most of them are generated in Ukraine
As specified in the committee headed by Piskarev, the amendments were proposed for the second reading of the bill, which passed the first reading back in May 2022. This refers to a project on measures to counter unfriendly actions of the United States and other foreign states. The version of the first reading dealt with criminal penalties for Russians for complying with foreign sanctions. The basic draft was introduced by the speakers of both houses of parliament Valentina Matvienko and Vyacheslav Volodin, as well as the heads of the Duma factions. The document, taking into account the changes regarding fakes, is planned to be adopted without delay. It is possible that this week. As it became known, it will be proposed to be considered at the plenary meeting of the State Duma in the second and third readings on March 4.
The head of the working group of the Public Chamber of the Russian Federation on countering the spread of false information, Alexander Malkevich, said the day before that in just over a week, almost 1 million 400 thousand false messages were identified in the Russian segment of the Internet about the situation in Donbass.
Third commentary to 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). ‹ Article 19. General conditions of criminal liabilityUp Article 21. Insanity ›
Establishing a maximum age of criminal responsibility
Khabarovsk State University of Economics and Law. 3rd year master's student Kirill Sergeevich Reshetnev
The Criminal Code of the Russian Federation in Article 20 establishes only the upper limit of the age of criminal responsibility, which is subject to multiple criticism in the legal literature. However, the question often arises about establishing a maximum age for criminal responsibility.
This is due to a number of circumstances. First of all, scientists point out that the subject, when committing a crime, must carry out conscious volitional actions (inaction), which in old age, taking into account physiological and psychological characteristics, becomes almost impossible.
Upon reaching 75 years of age and at an older age, a deformation of moral guidelines occurs, and, according to experts, this applies not to individual individuals, but to the entire age group as a whole, the lifestyle and social circle changes, and an exaggerated sense of justice appears.
Such a distortion of the psyche makes older people similar to minors or even in some cases to the insane, so sometimes in the literature points of view are expressed about the need for compulsory medical treatment of such subjects of crime.
We consider this provision to be somewhat incorrect, since if an examination establishes that an elderly person who has committed crimes is insane, then, according to the general rules of the Criminal Code of the Russian Federation, he is not considered a subject of a crime at all. Moreover, this rule is not related to the achievement of any age limit, but applies to the entire category of persons.
If a person is found sane, he must still bear criminal responsibility for his actions. And in this responsibility, it would be much more humane to place such subjects in a specialized organization that would also provide medical care for them. That is, by analogy with minors, for elderly people who have committed a crime, conditions should be provided that differ from other age groups.
In other areas of law, legislative acts often contain an indication of a certain age limit. For example, according to Article 49 of Federal Law No. 53-FZ of March 28, 1998 “On Military Duty and Military Service,” the age limit for holding senior positions in military service is 65 years. Based on such provisions, some legal scholars rightly point out that the Criminal Code also already contains a number of provisions that make it possible to take into account old age when assigning punishment, and, therefore, there is no need to regulate the situation of this category of persons in any other way. Thus, Articles 57 and 59 of the Criminal Code of the Russian Federation establish a provision according to which men over sixty years of age are not sentenced to life imprisonment and the death penalty.
On the other hand, due to the peculiarities of the emotional and volitional sphere, as well as the ongoing changes in the psyche of an elderly person, the age limit can be established as a circumstance mitigating criminal liability.
The justification of those who propose to generally exempt older people who have reached a certain age from criminal liability is that modern conditions for serving a sentence will most likely contribute to the fact that a person will no longer be able to serve his sentence to the end. In addition, the purpose of punishment in connection with mental processes will clearly not be achieved.
Having analyzed all the above points of view, we can summarize. We believe that when we are talking about a sane person, even one of advanced age, there is no need to completely exempt him from criminal liability only on this basis. At the same time, to a certain extent it is worth agreeing that it is also hardly possible to achieve the goal of correction by placing such persons in modern places of deprivation of liberty. Criminal statistics indicate a small quantitative group of elderly criminals. Based on this, it is quite acceptable to create specialized organizations where elderly people will serve their sentences, and the conditions in them should also be different for persons who have committed serious and especially serious crimes.
