To the offensive of the elderly all. Elderly age of a subject of crime. General, reduced and increased vehicles
Upon reaching his guilty face, the court has the right to attract him to liability for crimes. In most states, the minimum age is defined when a person can answer for their commit.
CDU under the Criminal Code
Age of the offensive criminal responsibility (Criminal Code) is a criterion that exists in criminal law. Two age strips are used, according to which the so-called "criminal majority" comes. The age from which the attack of criminal responsibility for most crimes is 16 years old, may also come in some cases from 14.
Need to establish a minimum VUU
The need is due to the following: the child cannot realize the essence of actions for society. Although at the age of five there is an understanding that it cannot be harmful to the harm of life and health surrounding, later it appears in relation to the other unlawful actions. It can be said that the awareness of the value of individual objects comes to a person not immediately, but as they grow and development, while taking a rather long period.
Based on their data research in the field of physiology, psychology and pedagogy, the legislator is established minimal VUO. In each country and in different historical periods, this issue is solved in its own way. The legislation also provides for the distinction between age limits by various VSUs with respect to certain compositions.
Establishment of age
The exact establishment of the age of the accused minor is a necessary condition for the application of criminal liability. The procedure is usually carried out using the appropriate documents if it is impossible to do, the forensic examination is applied, during which the answer is given to this question.
A certain age is not achieved in a birthday, but for the next day (according to judicial practicewhich is used in Russia). In the event that age was installed with the help of forensic examination, the defendant's birthday will be the last day of the year established by experts. Minors are considered to be faces under 18 years old.
Redued VUO
The age of criminal responsibility for grave crimes is 14 years old. These crimes include the following: with intent to it, rape, murder, kidnapping, robbery, theft, extortion, robbery, theft of weapons, car hijacking, malicious hooliganism.
The reduced age is established for a number of crime compositions that are listed in Art. 20 of the Criminal Code of the Russian Federation (Part 2). They are divided into several groups, consider them in more detail:
- Case of strangest property - robbery, theft, robbery, car coverage, extortion, theft of narcotic (psychotropic) funds or their extortion, as well as theft of weapons, explosives.
- Physical violence or its threat - murder, rape, deliberately causing a serious or average harm to health.
- Destruction or damage to someone else's property - vandalism, terrorist attack, the destruction (damage) of property, made with intent and in aggravating circumstances, aligning the vehicle.
In addition, there are other crime compositions. These include: hostage capture, hooliganism if there is a false report on terrorism, illegal manufacturing and other actions related to the use of explosives.
This list was formed in accordance with the two criteria: the severity of acts, as well as the ability to be aware of this age public dangerwhich these crimes carry. At the minor, one of the first, ideas about the inadmissibility of attacks on property or violence. In addition, the list of these acts is especially common among juvenile.
Faces under 16 are not attracted to liability for committing crimes that are not included in this list. In the event that in the actions of the face at the same time there are signs of a crime, the responsibility for which it can carry from 14 years, and also contains the composition of the crime, for which he must respond to the law after reaching 16 years, the subject is attracted only by the first composition. For example, the face has stolen the subject representing a special historical value by theft. At the time of the act, he was less than 16 years old. In this crime there are signs of acts qualified in two articles: 158 and 164. In this case, the subject is responsible only on the first composition, but he cannot respond for the second.
Articles on which persons under 16 may be attracted
So, a list of articles on which a person who has reached the age of 14 can already be attracted, looks like this: Art. 105, 111, 267, 112, 229, 126, 226, 131, 214, 207, 213, 132, 206, 158, 161, 162, 167, 205, 163, 162
VUU (the age of criminal responsibility) in the Russian Federation and other countries
In world legislation, persons are achieved at different ages. Mostly we are talking about eighteen years old. In a number of countries, adults are considered to be those who reached 15, 20 and 21 years. If the age of the accused below this border, relative measures are applied to it, but this does not mean that the person is exempt from punishment.
For example, in Russia, the overall age of criminal liability is 16 years. In the US and Kazakhstan - also 16, in FRG - 14, in England - 10-17, in France - 13, in Finland - 15, in Scotland - 8, in Iran - 6 years. For example, if in Germany the violator is less than 14 years, then it is considered unbearable. According to their legislation, children in more younger aged Not yet able to realize the misfortune of act. In the period from 11 to 18 years, the teenager is accustomed to justice if he committed a crime, the punishment for which is provided for in the form of imprisonment for more than a year or more seriously.
General, reduced and increased vehicles
By general rule, VUU comes from 16 years. But he may come from fourteen years, in the event that crimes were committed against property, personality, public security and order. Then we are talking about a lowered VUU. Increased age of criminal responsibility - adulthood. For example, to attract a person for non-payment of alimony, its age cannot be less than 18 years.
It is noted that for some crimes who do not have comments on the VUU for them, installed - 18 years. These include, as a rule, those of which the special subject should be present, which occupies a certain position.
Criminal liability against persons lagging behind in mental development
Based on paragraph 3 of Art. 20 of the Criminal Code of the Russian Federation, the person who has already has already has 14 or 16 years old, but has a mental development lag, cannot be held accountable for those crimes for which minors must be responsible. The reason for this is not understanding the face of its actions, as well as the impossibility of leading them.
Causement of face
The accused of a crime must be changed - this is one general condition for bringing him to justice. The person must be aware of the actual nature of actions, their public danger and the opportunity to lead them. If there are mental health defects that do not affect human behavior, criminal liability can be applied to a person. In the case of a subject of mental anomalies, it can be applied to it forced hospitalization in certain institutions. With this fact is taken into account by the court.
Measures of influences on young offenders
Minors who have already turned 11 years old, but with less than 14, in case of violation of the law court decree Placed in Suuvouse. This does not apply to criminal responsibility measures. The main goal of the premises of the face in such agencies is medical, psychological, social rehabilitation of a minor, adjusting his behavior and adaptation to life in society.
Maximum VUO
The Criminal Code of the Russian Federation does not establish the maximum responsibility for crimes. For this reason, even an elderly person is punished for the act performed by him. However, there is some differentiation in relation to these persons. These do not apply some punishment measures, for example, life imprisonment does not apply to men who have already been 65.
IN legal attitude Under age is the number of years of life established by law individual, defining his rights, responsibilities and responsibilities.
The age of a person as a sign of a subject of crime is most often determined by the number of years lived by a person. For the purposes of justifying criminal liability, that is, as a sign of a subject of crime, age needs to be understood as the number of years lived by the face from the moment of his birth and until the moment of committing a criminal offense.
The age of a person physically performing the action, of which it develops objective side Crimes may affect the criminal and legal assessment of these actions.
The disadvantage of the age threshold with which the law binds the possibility of criminal responsibility for this type of crime, excludes criminal liability not only for the perfect socially dangerous act, but also for any other crimes, if their composition in the age basis of the subject is not seen in the actual adolescent actions. For example, for intentional causing light Harm to health is responsible for the law may occur only after the achievement of sixteen-year-old age. It means that the person who committed this act under sixteen years can not be criminal responsibility for the deliberate causing of easy harm to health, nor for the insult, because all these acts are considered as criminal only, provided that they are committed by reached sixteen years old. At the same time, the disadvantage of the overall age of criminal liability, that is, sixteen years, with which the responsibility for this type of crime is admissible, does not exclude criminal responsibility for other crimes, the composition of which is in actually committed by minor actions, that is, for crimes, Responsibility for which comes from fourteen years old. For example, the person who at the age of fifteen committed hooligan Actionsaccompanied by the destruction of someone else's assertion to the hasty way, is not a subject of hooliganism provided for by Part 1 of Art. 213 of the Criminal Code, but is subject to criminal responsibility under Part 2 of Art. 167 CC.
As a general rule in Russian Federation In accordance with Article 20 of the Criminal Code of the Russian Federation, a person who has reached the time of committing a crime of 16 years of age is subject to the time of committing a crime of 16 years of age.
At the achievement of 14 years, the persons who committed the murder (Article 105) are subject to criminal liability, intentional causing serious harm to health (Article 111), intentional causing middle severity Harm to health (Article 12), abduction of man (Article 125), rape (Article 131), violent action of sexual nature (Article 132), theft (Article 158), robbery (Article 161), robbery (st.161) .162) Extortion (Article 163), an unlawful car or other vehicle without the purpose of theft (Article 166) and others specified in Part 2 of Article 20 of the Criminal Code of the Russian Federation.
By the time of reaching 14 years of age, minors already acquire a certain social experience and are well aware of the prohibitance of the Criminal Law of the Russian Federation of Acts called in Part 2 of Article 2 of the Criminal Code, they have the ability to realize the actual nature of the actions performed and can lead their actions.
At the achievement of 18 years of criminal liability, persons who committed sexual intercourse, husbandhood or lesbianism with a person who are obviously under the age of 16 (Article 134), the involvement of a minor in committing a crime (Article 15), evasion from military service the absence of legal grounds for exemption from this service (part 1 of article 328) and evasion from the passage of alternative civil service of individuals liberated from military service (Part 2 of Article.328), military and some other crimes. As a rule, the commission of listed crimes implies perhaps the perfection of the perpetrator.
Actual for practice is the problem of the influence of increased age, which comes criminal liability for this type of crime, to the qualifications of a socially dangerous act of a person who has not reached such age. Under such circumstances, two options for solving the problem are possible.
First, there are cases when a person is subject to criminal responsibility due to the disadvantage of an increased age threshold, but actually committed by the face of action contain the composition of another crime, for which the responsibility may occur to achieve a lower age threshold already achieved by the subject. This problem has received sufficient lighting in criminal and legal literature and its solution has a key in the explanations of the highest judicial authority countries. In particular, in the resolution of the Plenum Supreme Court The Russian Federation dated January 17, 1997 "On the practice of applied by the courts of legislation on liability for banditism" is explained that persons actually participating in the gang or in the attacks committed on citizens or the organization, but under the age of sixteen, by virtue of Art. 20 of the Criminal Code are not subject to criminal responsibility for banditism, but may suffer criminal responsibility for those specific crimes committed by a gang with their participation, the responsibility for which comes to achieving fourteen years of age, for example, for killing, deliberately causing a serious or moderate harm to health and other crimes, Listed in Part 2 of Art. 20 CC. The same can be said about the persons younger than sixteen years who take actual participation in illegal armed formations, as well as in criminal communities Decree of the Plenum of the Supreme Court of the Russian Federation of January 17, 1997 "On the practice of applied by the courts of legislation on liability for banditism" // Assembly of the Decisions of the Plenums of the Supreme Courts of the Supreme Courts of the USSS, RSFSR and the Russian Federation M.: Spark, 2007 - 640 s ..
Secondly, the problem of criminal liability of persons who have not reached the increased age established by the law arises in those situations where actually perfect minors do not contain a composition of any other crime. So, the subject of sexual intercourse and other actions of a sexual nature with a person under the age of sixteen (Art. 134 of the Criminal Procedure), or the involvement of a minor to the commission of antisocial actions (Art. 151 of the Criminal Code) can be only an adult person, so the commissioning of the named articles described in the dispositions The Criminal Code by persons under this age does not entail criminal liability. But they do not contain and the composition of any other crime, for which the responsibility of the law may occur with more early age, Therefore, they are indifferent for criminal law.
With regard to the rules for calculating age, it is important that the moment of the occurrence of the necessary age to recognize the person to the subject of criminal liability (14 and 16 years) and adults (18 years).
The judicial board in criminal cases of the Supreme Court of the RSFSR in the definitions of 1965 and 1974. Based on the acting then Art. 103 Code of Criminal Procedure of the RSFSR made conclusions: "The person who committed a crime on the day, when he was 18 years old, a deprivation of freedom over ten years could be appointed, since the age of adulth does not occur on birth, but from the next day. A citizen who has committed a criminal acting actions on his birthday reached a 16-year-old hours of subsequent days and was not subject to criminal responsibility. " These provisions found their consolidation in paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000. "On judicial practice on cases of minor crimes", according to which
The above decisions of the Supreme Court have old, pre-revolutionary roots. Professor N. Tagantev in the textbook "Russian criminal law"Argued that age is not determined from the beginning of the birth of birth, but from its end, i.e. From the next birthday midnight, and thirteen years ends with the expiration of the 13th anniversary of the birthday or on an ordinary account of the 14th day of the Tagansev N.S. The course of Russian criminal law. SPb.: 1909 - p.46.
R. Yakupov, who believed that the legal calculation of the statute of limitations in criminal law coincides with their actual flow, put at all a rhetorical question: whether the use of Art. 103 Code of Code of RSFSR (operating in 1990, when the publication of the work of R. Yakupov) to calculate the term preliminary investigationbecause according to Art. 133 Code of Criminal Procedure RSFSR "This term includes time from the date of initiation of the criminal case." Allow it, the scientist believed that Art. 103, as the total norm, has a priority, but "Rule of Art. 133, as not having reason to exclude from the general rule, "taken" to the costs of legislative technology. " Yakupov R.Kh. Calculation of procedural deadlines in the Soviet criminal process: Tutorial. M., MSSSM MVD of the USSR, 1990, p. sixteen.
In all these cases, the predominant was the requirement of a criminal procedure law on exclusion based on the day, which determines the beginning of the period. In art. 78 of the Criminal Code of the Russian Federation categorically said: "The statute of limitations are calculated from the day of the crime." Commentary to the Criminal Code with article distribution and judicial practice. Ed. S.I. Nikulina. M., 2000, p. 254.
In accordance with paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000, N 7 "On Judicial Practice on Crimes Affairs of the Minor", the person is considered to be the age from which it comes to criminal liability, not at birth, but after the day, which accounts for this day, i.e. From the bottom of the following days, the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 N 7 "On Judicial Practice on Enforcement Affairs".
The responsibility of a minor for crimes with an increased age of a special subject occurs only in cases where the status of a special subject has received a legitimate way. Thus, the cadet of the 1st year of the military educational institution after taking the oath acquires the status of a serviceman even before its adulthood and may be criminalized for military crimes (except for those whose subject must be adults, for example, provided by Art. 345 of the Criminal Code - Leaving the perishing warship commander; 350 - violation of the rules of driving or operation of machines; 351 - violation of flight rules and preparations for them; 352 - violation of ship rules).
The problem of the effect of age on the qualifications of actions of the person who committed a criminal acting act is adjacent to the problem of the influence of the age of the physical executive of a socially dangerous act on a criminal law assessment of the actions of the person, under the mental or physical impact of which this act was committed. This problem is limited by cases when the person who bowed to another to commit an act prohibited by criminal law has reached the age of majority, and the inclined, on the contrary, has not reached this age. In all such cases, the actions of an adult contains the composition of the crime provided for by Art. 150 CC. But then the following options are possible.
1. A minor was inclined to commit a crime, for which he is able to carry criminal liability in its age and which he has committed without the participation of an adult. Under such circumstances, the actions of adults are qualified under Part 4 (or Part 3, if the declination was the form of a crime organization) Art. 33 of the Criminal Code and on the article of the special part of the Criminal Code establishing responsibility for perfect crimeSince the involvement of a minor into committing a crime is nothing more than incitement (or by the organization of a crime).
2. A minor who has achieved the necessary age and therefore capable of incuring criminal liability for this crime makes it together with adults who bowed it to this. The actions of the latter are qualified in this case as co-executive, and if the commission of a group of individuals has the meaning of a qualifying feature, the actions of both executors of the crime are qualified taking into account this feature.
3. An adult bowed to the commission of a publicly dangerous act provided for by the criminal law by the person who has not reached the age from which the crime of this species comes to criminal responsibility, and this act was committed by a teenager without an adult. In this case, an adult as "a person who has committed a crime through the use of other persons not subject to criminal liability due to age," is recognized as a mediocre crime performer (part 2 of Art. 33 of the Criminal Code), since the juvenile was used by him as an instrument of committing a crime.
4. An adult committed a crime with the direct participation of the person involved in the age that has not reached the age from which criminal liability is possible for this crime. In such a situation, there is a question about a criminal and legal assessment of the actions of an adult performer of a crime, if the article of the Criminal Code, which establishes the responsibility for the crime committed, provides for an increase in punishment for committing a crime by a group of persons or a group of persons on a preliminary conspiracy Committee to the Criminal Code of the Russian Federation with articlefeds and judicial practice. Ed. S.I. Nikulina. M., 2000, p. 259.
However, it is impossible not to be considered with the considerations of a social assessment of the crime by the person with signs of a subject of crime, together with persons who have not reached the age of criminal liability. Many such crimes could not be completed at all - the practice knows the cases when a healthy and strong young man became a victim of an attack of the inflated flock of juvenile barbarians, headed by minors aged 15--16 years, or when rape was made with the participation of young, joint violent The actions of which victim was unable to resist. Such groups in terms of social assessment are indeed criminal, because, along with a real criminal, potential criminals participate in it, which will almost certainly become those with the achievement of the age of criminal liability. In addition, such crimes are subjectively perceived by victims precisely as group, since they defining the actual multiplicity of the crime participants, and not their criminal legal personality. Despite very serious considerations in favor of the last point of view, it is unlikely that it is unlikely to be theoretically flawlessly prove that a group of persons as one of the forms of complicity is in a crime, in which only one subject participated along with persons who do not have signs of the subject.
Forensic medical examination on the establishment of age arises by numerous and diverse reasons in criminal and civilian affairs. It is carried out only by the decree of investigative bodies or by definition of the court.
In criminal cases, forensic medical examination is required to determine the age. The examination is imperative to establish the age of the accused, suspected or victim in cases when it matters to the case, and there are no age documents.
Department of entries Acts civil status (Registry office) in necessary cases The establishment of age themselves, without the help of a forensic expert, in a certain order, which is given below.
Persons on which birth record is restored, the registry office is sent to medical examination In two cases: a) if in the documents submitted by the applicant and materials obtained as a result of the audit, there are no information about the age of the person on which the birth entry is restored; b) If documents are presented with contradictory data on age or if contradictory information about the age was obtained as a result of the inspection.
For example, the age recorded in the passport or in an extract from the house (village) of the book does not correspond to the age specified in the marriage certificate; The applicant's age recorded in the passport does not correspond to the age specified in the discharge from the house (village) of the book.
It must be borne in mind that the doctor in determining the age of subsecient persons is guided by a number of age-related signs related to the development and characteristics of the body. However, these signs do not have a clear distinction between individual ages, therefore the doctor may only make conclusions about approximate age. This is mainly related to the people of old age. In medical conclusions It should be indicated, on the basis of what characteristics the applicant's age commentary to the Criminal Code of the Russian Federation with articlefed materials and judicial practice is determined. Ed. S.I. Nikulina. M., 2000, p. 262-263.
After the end of the inspection and medical examination of persons whose age is restored, birth time is set by commissions to determine age. Such commissions are created with the district and urban regions (bureau) of the registry office. They usually include the Secretary of the District or City Administration, the head of the registry office (bureau) of the registry office and the doctor.
The age of individuals are determined by the Commission, taking into account all the materials available in the restoration of the Birth entry: documents submitted by the applicants, as well as the audit obtained; Conclusions O. medical inspection; Statements of citizens, etc. If the submitted documents and materials obtained as a result of the inspection, the day and month of birth cannot be established, the date of birth should be considered on July 1 of the established year. In the absence of information only about the birthday day, the 15th day of the corresponding month is considered. The Commission's decision is issued by the Protocol. The protocol signed by all members of the Commission is indicated on the basis of what documents and data is defined by the applicant's age. This is the order of determining age for the registry office.
The need for a forensic medical expertise to establish age arises in the following cases: when age is unknown due to the lack of documents that can confirm it; When there is a deliberate concealment of age; When there is a doubt in the authenticity of the age, indicated in the submitted documents. The need to establish age in practice arises in all age periods, but most often it is necessary to establish the age of 14--16-78 years in connection with the initiation of criminal cases or criminal prosecution, as well as the victims. When establishing a forensic medical examination of the age of a defendant day of his birth, the last day of the year is considered by the experts, and in determining the age of the minimum and maximum number of years, the court must proceed from the expected experts of the minimum age of such a person. P.7 indicates this. Resolutions of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000 N 7 "On judicial practice on cases of criminal cases of minors." Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000 N 7 "On Judicial Practice on Enforcement Crimes"
Analyzing the age of criminal responsibility, it is necessary to take into account another category - individuals of the elderly and senile age. As noted above, almost all the research on the age of the age investigated within the framework of the criminal law, only consider the minimum border of the age of criminal responsibility.
Separate questions related to the elderly of the subject of the crime, in legal literature are delivered only in recent years; most aspects of this topic did not receive so far and legislative consolidation.
There is no single opinion in science on the need to establish the limit age limit of criminal liability for persons who committed a crime in elderly and old age. Moreover, among lawyers and psychologists, there are the most different points of view that need a comprehensive scientific substantiation not only by the specialists of these areas, but also from the position of medicine. Borovy Ji.B. Notes the existence of the need for a special criminal law mechanism for the implementation of the responsibility of the elderly for the perfect criminal acts.307 Pavlov V.G. It believes that the legislator does not experience such a need for this period of time, since the borders of the elderly and senile age are conditional, and for each person, based on the physiological and individual characteristics of his body and his lifestyle, they will also be different, therefore the faces of the elderly and senile The ages that committed crimes in a sane condition are able to bear criminal liability on the general reasons in accordance with Part 1
article 20 of the Criminal Code of the Russian Federation 1996.269 Psychologist O.D. Sitkovskaya, on the contrary,
notes the importance of establishing the upper threshold of the criminal response to 309
.
Interesting on this issue, the position of R.I. Mikheeva. Determining the maximum age limit in criminal law as the highest calendar age boundaries, with which the offensive of certain legal consequences are associated, it draws attention to the fact that no legislation in the past and present contained and does not contain the norms establishing the maximum age of criminal liability. "The establishment in the normative act of the general rule that determines the maximum age limit of criminal liability, in our opinion, inexpediently and contradicted the criminal law principle guilty responsibility. Wines and criminal liability, for example, older, elderly or old people, may be excluded due to the circumstances provided for by the law (for example, due to insanity caused by senile insanity), and not by virtue of the person of a certain age limit (for example, 60 or 70 years) "270.
With a given point of view, you can agree, but only partly. The fact is that, on the basis of the determination of the maximum age limit proposed by scientists, it is not unambiguously the fact of the elimination of the responsibility of the person who has reached the age-mentioned age. We believe that the elderly as a special age group deserve special attention from the legislator, the establishment of specific forms and the volume of criminal responsibility. Fastening in the criminal law of differentiated responsibility for persons who have achieved a certain age cannot be covered only by setting the maximum age limit, as it turns out to be at R.I.
Mikheeva.
It seems that the exclusion of criminal responsibility for persons who have reached old age is perhaps not only due to their inspencement, in the understanding of its understanding, which is laid out in Art.21 of the Criminal Code. In many cases, the inability to realize the public danger of their actions in elderly people is not the result of the painful state of the psyche. The absence of a medical criterion of insaneness, however, does not mean the ability of a person to "guilty responsibility." In particular, Yu.D. Krivoruchko points out that "a decrease in intellectual-enemic abilities, combined with changes in the emotional and volitional spheres," wears such a character at a late age, which the establishment of organic brain damage does not allow to raise the question of the presence of a medical criterion of Infections271. Jihimov Ji.A., exploring the problem of intellectual-volitional disadvantage of senile ages who commit socially dangerous acts, as a reason, calls the emergence in most cases atherosclerotic dementia, which cannot be considered as a mental illness in the generally accepted sense272.
In our opinion, the question of the responsibility of the elderly should be considered in several other perspectives. In particular, they deserve attention to the specialists in the field of determination of states characteristic of senile age, as the "borderline form of mental pathology in the vascular diseases of the brain" 273, the "intermediate state between the norm and pathology" 274: they signals the feasibility of complex psychological and psychiatric Examination of these states when there is a possibility of concomitant mental diseases. The literature emphasizes that these states occur grade, with significant individual differences; Signs of them may be changes in character 15.
In clinical gerontology, the degree of aging of the psyche of the person is established using indicators of natural physiological aging, with which the subject's personal data should be compared, the functional age of which must be installed. As V.M. Dilman, Indicators inherent healthy people The relevant age is observed aged 20 - 25 years, and in the future it is impossible to carry out a line between aging and age pathology. 275 In our opinion, it should be accepted from those scientists who believe that it is necessary to consider the reference norm for all age steps with a large proportion of conventionality. Due to the fact that the mental development of each person individually276.
The establishment of the maximum criminal prosecution in the Criminal Code of the Russian Federation does not meet the principles of criminal law; Nevertheless, it is necessary to fix a certain age border, the achievement of which will allow to determine the form, volume and limits of criminal responsibility, caused its differentiation, individualization and implementation.
The quantitative crime of the elderly is significantly inferior, for example, the crime of minors, but it is impossible to measure the relevance of the study of this or that question and improving its legislative regulation only with quantitative characteristics (at least they are often based on most studies, for example, a minor age). The most important stimulus is to protect the interests of the group of persons under consideration as the least protected in legal relationship category of citizens in modern Russia.
An analysis of the demographic situation of recent years demonstrates the overall trend of the population in both the world and in Russia; There is an increase in the share of older people and the duration of human life, that is, a change of progressive type
age structure of the population to regressive type. This is due to the two main factors: the development of medicine and a significant decrease in fertility as a global trend in developed countries. From 1950 to 1999, around the world, the number of persons over the age of 60 increased from 204 to 593 million people, that is, more than 2 times, and is 10% (instead of 7%) from the world's population. According to UN forecasts, by 2050 the proportion of the population over 60 may amount to 22% of the world's population, and in the most developed countries - 33% 277. Thus, the total number of elderly population approaches 2 billion people. In Russia, this group of the population is the fastest growing: from 1950 to 1980, its number has doubled (from 9.4 to 18.7 million people), and the end of the XX century, compared with 1950, the number of older people Grew 3 times 20.
According to a study conducted by the Department of the Department of Economics and social Development UN, possibly several options for the demographic development of Russia in the XXI century. In accordance with one of them, which is closest to the long-term forecasts of most researchers, the age structure of the Russian population will undergo significant changes, primarily by reducing the share of the working age population. So, according to forecasts, from 2000 to 2050. The proportion of children and adolescents (up to 19 years) will decrease from 26.3 to 19.6%; The proportion of the working-age population (from 19 to 59 years) will also decrease: from 55.2
up to 47%; Almost twice the share of elderly population will grow: from 18.5 to 33.4% 278.
According to forecasts of Russian researchers, until the end of this Decade, Russia will be celebrated a high level of total mortality, however, the decrease in infant mortality and mortality in working age, due to the impact of external factors, will ensure an increase in the expected average life expectancy by 2010 to 66.5 years 2019. The above data gives grounds for the conclusion about the constant and steady aging of the Russian population.
The literature notes that the change in the age structure of the population affects both the quantitative characteristics of crime and the intensity of the crime of individuals of individual age groups280. Such a significant increase in the number of elderly people is necessarily affected by the activity of this age group in all spheres of life, including in the commission of crimes. As VN rightly noted. Kudryavtsev, "An increase in the number of older people is a condition that does not generate crime, but affecting its quantitative indicators" 281. In this regard, it seems relevant consideration of a complex of possible steps and measures to improve criminal and legal policies, the differentiation of criminal liability, optimizing the application of criminal and legal measures against persons called above the age category.
Initially, it is necessary to decide from what age the face of the elderly. It should be noted that within the framework of the Ministry of Internal Affairs of the Russian Federation of statistical accounting, the selection of six age groups is allocated, the last of which amounted to persons over 50 years. Statistical data on the dynamics of crime within the specified age group (for example, among persons of pre-retirement and retirement age, etc.) are absent; Too much time interval does not allow the effect of age on quantitative indicators and the structure of the crime of older people. As the author of judicial practice and statistics conducted by the author, of the total number of crimes committed by those who have reached 50 years, the share of the person actually accounts for 30-35%, and people over 60 are 10-12%. On average, the total number of people who committed crimes relate to the number of persons of the retirement age as 50 K 1.
Razumov P.V. gives the following personality characteristic of the elderly criminal: male face (77.41%), aged 61-70 years (60%), not married (divorced, not married, widower) (64.81%), not working ( 53.33%), a relatively high educational level ( higher education -19.4%) 282. In accordance with the studies of Yu.M. Antonian, considering retirement as the beginning of an elderly, the share of violent crimes committed by the elderly is about 30%, the rest is predominantly non-violent embezzlement283.
The study of materials 112 of criminal cases has shown that 88 persons first committed crimes only in old age (79%), 9 have an outstanding criminal record, 15 - one or more times they committed crimes in young and adulthood, and at the time of the crime outstanding convictions did not have . In addition, more than half (73) of the cases we studied can be stated by the suddenness of the arbitration of the crime. For example, January 23, 2006 by the Sudzhansky District Court V., 1938, was found guilty of committing a crime under 4.4 Article 111 of the Criminal Code of the Russian Federation, and he was punished in the form of imprisonment for a period of 5 years. As follows from the materials of the case, S.'s brother, his wife, arrived at visit. During the feast, S. became too persistent to treat V. Brought as a gift to fish; I didn't like the latter and, the charter to give up the treat, he pounced on a relative and became severely beaten. Having received about 50 blows, C. Died on
Researchers offer various options for determining the temporary elderly borders. So, O.V. Barsukova believes that the crime of persons over 60 years old (for women - 55 years old) should be recognized by "senile crime", uniting in the concept of "senile age" such periods of human life, as an elderly age, a prediction age, stiffness, and senile age directly. However, the identification of these two categories is "senile crime" and "crime of older persons" - not entirely correctly, since the first is part of second. In addition, according to the classification of the European Regional Office for the World Health Organization, an elderly age lasts in men from 61 to 74 years old, in women from 55 to 74 years; Since 75 years old is old age. People over 90 are considered long-livers.
According to V.F. Morgun and N.Yu. Tkacheva, the following age periods can be distinguished: an elderly age - from fifty to seventy-four years, and the beginning of this period is associated with human departure; senile age - from seventy-five to ninety years; and longevity - after the ninety
years. At the same time, there is doubt the large interval of the elderly, and the binding of it began to retire a person. As you know, old-age pension is achieved by a person in 55 years (for women) or in 60 years (for men). Accordingly, such a classification is not quite successful, and the argument is insufficient.
Presents interest to the study of Charlotte Bühler, which consists in establishing the ratio of age-related stages with biological development. The author identifies the following age periods: 0-15 years old - development preceding self-determination; 15-25 years - disclosure of sexual possibilities, determining life goals; 25-45 years - stable growth, determination of life values; 45-65 years - the phase of reproductions, estimates of life values; 65 years and older - biological decline, continuation of activities or return to the satisfaction of childhood needs (intellectual decline) 285.
Kovalev A.G. Two age of old age stands: 61-74 years, when the intensity of mental processes and the ability to social adaptation does not significantly change, and 75-90 years old - the old age when a significant change in moral landmarks occurs, they are distorted, and this process can be considered as typical For the whole age
It seems that, within the framework of the criminal law, the allocation of several gerontological periods of age does not make sense and necessity. You should agree with Yu.M. Antonian, who believes that the gradation of the age of older persons should not be united for all scientific disciplines, it is necessary to take into account the diversity of their research tasks286. In our case, the allocation of a single age threshold is optimal and sufficient, after which the person is considered to be elderly with relevant criminal laws. The achievement of such age can act as a basis for the differentiation of criminal liability of persons under investigation category.
It should be noted that the Criminal Code of the Russian Federation of 1996 provides for a number of measures in this direction. So, in accordance with Part 5 of Article 53 of the Criminal Code of the Russian Federation, the restriction of freedom is not appointed to women who have reached the fifty-year-old age, and the men who have reached the sixty-year-old age; According to Part 2 of Article 57 and Part 2 of Article 59 of the Criminal Code, life imprisonment and the death penalty Not appointed to women, regardless of age and men who have reached the age of sentencing a sentencing of the sixtieth-year-old age. The legislator uses a sixty-year-old age threshold not only in criminal law as the maximum border of application separate species punishment but also in regulatory legal actsrelated to other branches of legislation. For example, in 4.2 st.21 of the Federal Law "On State civil service Russian Federation, "in part 2 of Art. 13 of the Federal Law "On municipal service In the Russian Federation, "in 4.2
article 43 of the Federal Law "On the Prosecutor's Office of the Russian Federation" is established the urgen to stay in the service - 65 years. He deserves mention that in world statistics on the able-bodied population is also taken to attract people aged 15-64 years287. In our opinion, the 65-year-old age is optimal for consolidation in the Criminal Code as an elderly of the crime entity.
We consider the right lack of mentioned, above the federal laws of sexual differentiation of persons who have reached more than age Services. Similarly, it should be done in addition to the Criminal Code of the Russian Federation, since women more men are involved in the organization of life, in most cases are engaged in raising children and grandchildren and, although they are retired in old age earlier men, are less susceptible to stress associated with the achievement of retirement age. Therefore, such a characteristic, as the floor, does not have a decisive effect on the age identification of man. 288
According to A.V. Naumova, people who have reached the retirement age should be attributed to the elderly persons, when taking into account the individual characteristics of the victim, since the retirement age in legislation is determined differently289. Mikheev R.I. Speaks about the feasibility of establishing in the law of old age (over 60) "as an independent circumstance that mitigating criminal liability" 290. Identification B. this case Elderly with pension (55 years for women, 60 years for men) is not quite successful. Indeed, the retirement is associated with a serious psychotrauming situation for a person when changes arise in the structure of interpersonal relations, rhythm, order and lifestyle changes, breaking the established habits, is changing the social role of a citizen. The person is experiencing a certain crisis that
it may affect the state of health, vital tone, the psyche of an elderly person. Nevertheless, these processes do not occur directly the next day to achieve the person of the specified age. This is a dynamic process, most often stretched over time, originating a slightly previously installed retirement age when the face, subconsciously or conscious, begins to prepare himself for completion. labor activity And trying to find interests and classes to fill a large number of free time that has appeared. Several factors can be distinguished that affect age-related changes: a decrease in physical abilities, health problems, forced care and, as a result, the loss of the public situation associated with the work carried out, limited physical activity, coagulation of social contacts, changing the functions in the family, Illness or death of the spouse (spouse), deterioration financial conditions, the need to adapt to the rapid cultural, domestic, technical change surrounding world.
As noted by V.I. Kufaev, age in itself is not a determining crime factor; At the same time, the same social conditions Noodynakovo affect the behavior of persons of different ages. The intensity of development of crimes among one or another age group depends not on age as biological features, but above all on those conditions of social
the medium in which man lives. Scientists and before the revolution adhered to similar views: "The secondaryness of the age value is irrefutably proved by the fact that the dependence of the number of criminal tensions of age from social status persons who were violators of the law. The people of the same age period correspond to a different interest in the same age of crimes, belonging to various public classes and possessing various property status "291.
Age largely determines the needs, life goals of people, their circle of interest, lifestyle. Of course, age is not the basis for predetermining criminal behavior individual; However, the achievement of a certain age threshold makes changes in nature, changes the attitude of the face to deviant behavior. As psychologists note, the elderly people weakens the process of internal braking, which is manifested in verbia, incontinence, emotional lability, irritability; The older generation is inherent in changes in intellectual and emotional spheres, including difficulty or inability to find an optimal solution in a situation in which a quick response is required, a hypertrophic sense of justice. Under normal conditions old man Plays the role of a quiet observer, however, in certain situations, he is able to show extreme aggressiveness, hostility in response to immoral (according to the elderly) behavior of any person.
In the elderly, violations are possible in the volitional sphere: first of all, mistakes in understanding certain situations, in predicting their and other people's actions. Some individuals occur irreversible psychophysiological changes - in different ages in different degrees. Most often, such personality changes are invisible, however, some can be essential and to act as a reason for recognizing them limitedly samented. IN some cases May come full and irreversible change in personality and, as a result, insaneness.
At the same time, L.I. Reasonably notes Anzherov, individual on the background of loss physical strength It can continue to progressively develop as a person. In this regard, it is possible, based on the criteria of orientation on social values, to identify two types of aging. To the first one should be attributed to those who realize themselves by approval of moral values, to the second - those who have not achieved the corresponding level of moral development, by virtue of which often breaks in their actions of morality 41. Many people have positive changes in old age, among Which psychologists note peacekeeping, an adequate assessment of their capabilities, smoothing contradictory character traits293.
Some scientists on the basis of their own studies indicate 65-year-old age as the border when the above changes are carried out and accordingly occurs (or does not occur) adaptation to a new life situation.
Based on the above arguments, we consider it necessary to directly consolidate the achievement of the person who has committed the crime, the age of 65, as an circumstance that mitigating the punishment by adding the corresponding item in Art. 61 of the Criminal Code. The need to take into account mitigating punishment and data on the personality of the guilty (elderly age) has repeatedly paid attention to the Supreme Court of the Russian Federation295. A similar step is fully consistent with the principle of humanism and excludes the possibility of ignoring the elderly age of a crime entity, as often happens in practice. So, the sentence of Schigrovsky district Court from 11/27/2002 K., 1934, was convicted under Part 1 of Art. 167 of the Criminal Code of the Russian Federation to imprisonment for a period of 1 year and 3 months. The court at the appointment of punishment was taken into account the "public danger of the committed C. crimes, as well as mitigating circumstances - the immoral behavior of the victim and the commission of C. Crimes for the first time." The fact that by the time of the crime of K. reached 68 years of age, the court when making a sentence did not take into account 266.
In this regard, it causes decisive objections
A.V. Goryachev, who believes that "the commitment of a criminal act of an elderly can always be a circumstance mitigating punishment. In this case, it is possible to specify the most typical sanctions in law, in which the elderly age should not be taken into account. Such, according to practical workers, in most part judicial system, there may be a dangerous or particularly dangerous recurrence, committing a grave or particularly serious crime "297.
The condition proposed by the author violates the principle of justice and contradicts the spirit of the criminal law, since, in accordance with "F.Z. Article 60 of the Criminal Code of the Russian Federation, mitigating and aggravating circumstances should be taken into account by the court when prescribing a sentence in their aggregate. The presence of a recurrence cannot be The condition that levels the presence of a mitigating punishment of circumstances. As noted by G.I. Chechel, "courts are obliged to evaluate the circumstances mitigating and aggravating responsibility, their significance and effect on the type and measure of punishment are not on the principle of the arithmetic majority, but each separately and taking into account their characteristics 298. In accordance with paragraph 8 of the Resolution of the Plenum
Of the Supreme Court of the Russian Federation of January 11, 2007 No. 2 "On the practice of appointment by the courts of the Russian Federation of criminal punishment" 299, the circumstances mitigating punishment are recognized as those established in court session the actual circumstances of the criminal case; Unrequitable circumstances with mitigating punishment should be motivated in the descriptive-motivative part of the sentence. The consolidation of the Conducted Conditions in the text of the considered condition deprives the court to appoint a fair punishment in accordance with the requirements of Article 60 of the Criminal Code of the Russian Federation.
Consideration of the fact of committing a grave or particularly serious crime as a condition that makes it possible to not take into account the elderly age of the subject of the crime in the prescription of the sentence, contradicts the principle of humanism and ignores the characteristics of the intellectual-volitional sphere, characteristic of the elderly age as the basis for the allocation of the specified circumstance as mitigating. Accounting for the severity of the criminal act is carried out by the legislator at the stage of differentiation of responsibility and is expressed in establishing a more severe sanction.
Proposed A.V. A hot approach in case of its implementation in practice will not contribute to the achievement of punishment. Of the Criminal Code for committing grave and especially grave crimes Provides punishment in the form of imprisonment for a long time; In the absence of the ability to reduce the amount of punishment, taking into account the specifics of the Russian criminal executive system, the health status of the majority russian citizens The age of the considered age and the average life expectancy can be approved with confidence that the units will live before the end of the sentence.
It should be noted that most of the crime researchers of the elderly analyzes this problem in the "Clamp-insane" plane 300, "reduced beamlessness" 301 or from the position of achieving the necessary age - as the basis for the statement of signs and depth of vidiation302. However, with such a review, as noted by OD. Sitkovskaya, question about legal regulation The elderly loses its meaning, since this problem is reduced to solving the issue of permanent behavior or intimacy by conducting forensic psychiatric examination303. The achievement of elderly is only another stage in the development of a person who has certain features, which to some extent "relatives" it with minors (young) age. As we have considered above, in most cases the reasons for the commission of crimes in the elderly are changes in the volitional and emotional spheres. However, it is impossible to specify the age of one for all persons to specify the age, in which changes are typical, are impossible due to the dependence of their occurrence from the individual characteristics of the body.
Elderly, specific biological transformations in physiological and psychological spheres, not related to mental disorders, such as vidiation 304, or senile dementia305, which, in our opinion, may be based on the liberation of the face from criminal liability in the case when they lead to an incomplete understanding of the face Social dangerous character His actions do easily make it difficult to lead them. These changes are most often irreversible and have a strictly pronounced age. These persons it is impractical to apply criminal penalties or compulsory medical measures due to their inability to correct and the impossibility of cure. At the same time, such irreversible age-related changes should entail certain measures from the law enforcement to prevent the commission of new crimes with such persons. The only adequate measure in such cases may be the insulation of the elderly with the implementation of supervision in specialized social institutions - a kind of boarding houses, however, with more stringent conditions of stay and observation, in case of a serious or especially grave crime with the elderly. The idea of \u200b\u200bcreating such agencies - protected nursing homes306 - has long been discussed in the scientific literature, but there has not been widely popular in view of the widespread misconceptions about the adequacy of non-meaning standards to solve the issue of criminal liability of elderly persons307. At the same time, as J.Mm rightly believes. Antonyan, in the elderly, having signs of mental vidiation, in the period of staying in places of detention mental health, as a rule, deteriorates, so they are needed in constant psychiatric observation. In this regard, we consider the necessary testing in practice the idea of \u200b\u200bcreating specialized institutions with specific content conditions for elderly.
In our opinion, the article "Persons subject to criminal responsibility" should be introduced in chapter 4 of the Criminal Rights of the Elderly:
"one. If there is an elderly (which has reached 65 years of age), which committed a grievous or particularly serious crime, psyche deformations caused by age changes of an irreversible nature, not related to mental disorder, the court should decide on the premises of such a person to the relevant specialized social institution. 2.
In the event of a crime of a small or moderate severity of the elderly, having psyche deformations caused by age-related changes in an irreversible nature, not related to mental disorder, the said person of criminal liability is not subject to. The court, based on the identity data, the assessment of the nature of the perfect act, the possibility of repeated crime, can make a decision on the premises of this person to the relevant specialized social institution. "
Thus, the question of the criminal liability of elderly people needs to be solved individually in each case; In this case, 4 solutions options are possible: 1.
The elderly, who committed a crime, has no signs of irreversible age-related changes, and there is no reason to consider it insane, therefore, such a person is subject to criminal responsibility on the general reasons (including taking into account the provisions of Article 22 of the Criminal Code of the Russian Federation), and when they reach 65 - summer age - taking into account the relevant mitigating circumstances. 2.
If the law enforcement has grounds to assume the presence of deviations of the psyche in the elderly, a comprehensive psychological and psychiatric examination is appointed; If during the last person is recognized as invaluable, it is exempt by the court of criminal liability with the application forced Mer medical nature. 3.
If, after committing an elderly of a serious or especially grave crime as a result of a comprehensive psychiatric examination, it is recognized by the required, but it is diagnosed with irreversible age changes that are not associated with mental disorder, this person It is not subject to criminal liability, but such a person must be placed in a specialized social institution. four.
When committing an elderly with irreversible age-related changes that do not exclude the bempperios, the crimes of the average and lightweight Such a person is not subject to criminal responsibility. The court, based on the data on the identity of such a person, the assessment of the nature of the committed act, the possibility of committing them to new crimes may decide on its placement in the relevant specialized social institution. 3.
A third of the Russian citizens (32%) are confident that old age comes from 50 to 59 years. More part (31%) - from 60 to 69 years. This is stated in the study.
Only 16% of Russians believe that old age begins in 70-79 years. Even less (6%) are confident that the elderly man becomes after 80 years. It is noteworthy that 4% of respondents said that old age begins at 40-49 years. And 1% of respondents are confident that this is happening even earlier than 40 years.
Sociologists calculated the average age-related border, after which, according to Russians, old age begins - it is 63 years old.
The researchers also asked people over 60 years old about how they spend their leisure. It turned out that the whole of all the representatives of the older generation rest on cottage plot (49%) or watching TV shows (41%).
One fourth part of the respondents (26%) walks in nature, about the same amount (22%) of the elderly Russians love to read newspapers and magazines. A little less (19%) respondents over the age of 60 spend their free time on the Internet.
The greatest joy for the older generation is the ability to communicate with friends and loved ones, the survey data is evidenced. Such an opinion was expressed by 87% of respondents. Another 79% is glad that they have a lot of free time. 64% of Russians are satisfied with the creative self-realization - 61% of respondents.
By the way, another survey conducted by the VTsIOM at the end of September 2018 showed that 73% of Russians are not afraid of old age. The occurrence of old years fears only a quarter of respondents.
Among the minuses of older age, the respondents noted poor health (34%), small pensions (33%) and loneliness (20%).
At the same time, 54% of respondents said that in old age, people who lived in an interesting life feel better. Another 37% noted that it was comfortable for those pensioners who have accumulated savings.
In the same survey, speaking of age in which old age comes, 27% said that it starts from 60 to 64 years old, 19% noted that from 70 to 74 years.
One fourth Russians to stay young helps healthy image Life, 17% - Favorite work. Less respondents (15%) are convinced that material well-being promoted rejuvenation. In addition, about 10% of respondents believe that the proper nutrition helps them to prolong youth.
Meanwhile, in January 2017, American researchers representing the University of California in Los Angeles published a study. According to him, it turned out that 39 years is the age, after which it is possible to count the aging of the human body.
Experts stated that it was at this time in the human body that a sufficient amount of myeline ceases to be produced, which protects neurons and is necessary for optimal work of the brain.
The protective shell is constantly restored, however, the researchers note, by 39 years old, the human body begins to take positions. Scientists came to this conclusion, examining men aged from 23 to 80 years.
They asked the Experiment participants to test their motor skills while special equipment will measure the amount of myelin in their body. It turned out that in 39-year-old people worse cope with certain tests - for example, with a rapid tapping on the table. It was during this task that myelin's concentration was shown to decline.
After spending a few more experiments, the university of California researchers came to the conclusion that a decrease in myelin's number from 39 years as a whole negatively affects the mental and physical abilities of a person - in this case, the situation is exacerbated.
The findings obtained, consider scientists, will help in the future to postpone the aging of the body or more effectively prevent the development of certain diseases that accompany aging - for example, Alzheimer's disease.
The ability to realize the social significance of their actions (inaction) and lead them is formed in a person not immediately. Required level He reaches a definite age. From this time, the individual is able to respond to his acts, and the punishment applied to it becomes appropriate.
Part 1 Art. 20 of the Criminal Code provides general rule: responsibility for the crime is subject to a person who has reached its time to the age of 16 years. Since that time, a teenager is able to fully realize the actual nature and social importance of all his acts, lead them and bear responsibility for them.
Part 2 Art. 20 of the Criminal Code records the list of crimes, for which responsibility comes from 14 years old (killing, abduction, robbery, terrorist act, hooliganism with aggravating circumstances, etc.). Their public danger is obvious and at the specified age. In addition, most of them relate to the category of grave and especially grave crimes, or are common in the adolescent environment (theft, robbery, knowingly false report on the act of terrorism, bringing into disrepair of vehicles or communication paths, etc.).
A number of norms of the special part of the Criminal Code establishes a higher age threshold of responsibility. So, the subjects of encroachment on minors and juvenile, their normal moral and physical development, sexual immunity (Art. Art. 134, 135, 150, 151 of the Criminal Code) can only have persons who have reached the age of 18.
For some crimes, the age of responsibility follows from a sign of a special subject. For example, make a senseless sentence, solution or other judicial act may judge (art. 305 of the Criminal Code), i.e. The person who has reached the age of 25.
There may be cases when a person who has not achieved the necessary age falls on a position that characterizes a special subject. If the cause is deception, error or other similar circumstances, the actual session of the person specified does not give him the relevant criminal law statute. For example, a minor, who settled on the work associated with the movement and operation of railway, water, air transport or the metro, violating the relevant safety rules and causing grave harm to human health, cannot be recognized as a crime subject provided for by Art. 263 CC. If the guilty was 16 years old, it should be rapidly responsible for causing grievous harm to negligence (Art. 118 of the Criminal Code).
The situation is not excluded when the inconsistency of age and position (kind of activity) has legal grounds. So, a teenager, enrolling the cadet to the military school, becomes a serviceman until the age of 18. On these persons, the norms of the Criminal Code are applied, responsibility for which special subjects carry.
Thus, the criminal law establishes several minimum age borders of criminal liability: total - 16 years; reduced - 14; Elevated - 18 years and more.
According to paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 01.02.2011 No. 1 "On judicial practice of applying legislation regulating the features of criminal liability and punishment of minors" "The person is considered to be rendered from which it comes not to a birthday, but after the day which this day accounts for, i.e. from zero clock next day. " Thus, a person who committed a socially dangerous act on his 16 or 14th anniversary is not recognized by the subject of the relevant crime.
In the case when the exact date of the birth of the face is unknown (there are no relevant documents, reliable testimony, etc.), it is determined by the forensic examination, which establishes a year or gap in several years, presumably being the birth time of the face. If the conclusion is given the possible minimum and maximum number of years, the court comes from the smallest number. Birthday is the last day of the relevant year. The basis of the above rules is the principle of interpretation of unreasurable doubts in favor of the accused: when determining the age, the time interval is a birthday recognized the latest date of all possible.
According to Part 3 of Art. 20 of the Criminal Code is not subject to the criminal responsibility of a minor, which reached the age of 16 (14) years, but as a result of the backlog in mental development, not related to mental disorder, during the commission of a socially dangerous act could not fully realize the actual nature and public danger of its actions ( Inaction) or lead them. In criminal and legal science, such a state received the name of age inconsistency or age immaturity.
The reasons for the lag in mental development, not related to mental disorder, there may be socio-pedagogical neglence (incorrect education in the family, school), long or severe somatic diseases, organic damage to the central nervous system, the general underdevelopment of the body, etc.
A significant role is played by deprivation, i.e. Mental deprivation, which experiences a teenager as a result of insufficient satisfaction of emotional needs.
Depending on the causes of the occurrence, it is distinguished: sensory and mental (affective) varieties. The sensory is a consequence of defects of the senses - deafness, blindness. In itself, these disadvantages do not affect the level of mental development. At the same time, substantially limiting the amount of information received by the child, being congenital or rudged, they are able to slow down the process of mental formation.
Affective deprivation develops with deficiency of emotionally rich communication. This happens when the child turns out to be abandoned, transmitted to education in orphanage Either when he is deprived of the opportunity to communicate with loved ones, for a long time being in hospitals and sanatoriums (hospitalism).
Hidden mental deprivation is observed in cases where a minor, living in the family, emotionally rejected by his parents, does not get the necessary attention, care, heat.
Loge in mental development can be caused by another extreme, known as the sole child syndrome. Excessive guardianship, the creation of greenhouse conditions lead to the fact that, growing, a person is unsuitable for life, can not objectively assess its place in it, relate their own interests and acts with interests and actions of others.
In all listed cases, the delay in mental formation is not a pathological nature. The psyche teenager can be healthy. The backlog in its development is due to social factors: a minor during certain periods of life does not receive the necessary experience or receives not the experience that he needs.