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The age of onset of old age. The advanced age of the subject of the crime. When you can consider yourself fully capable

Health

Are you worried about the approach of old age? Try to find the pros that you are not alone! Seriously speaking, psychologists believe that fear of old age- This is one of the most common human phobias.

Whether you are worried that old age will make you a weak person, or you are simply frightened by the very fact of impending death - this is not so important. More importantly, you have a reason not to lose heart, but, on the contrary, to take advantage of this fact. That's right - the benefits!

It may sound trite, but do not forget that wisdom and experience comes with age; in old age we are usually surrounded by life-tested friends with which a person feels more comfortable. Of course, it is impossible to reverse the aging process; but you can definitely change HOW you age.

The opportunity to devote more time to yourself in person, moderate physical activity and proper nutrition Are just a few of the things that can make the aging process much less painful. What else should you expect as you approach old age? What should you prepare for? What important signs of aging should you pay attention to first?

Aging of the human body

You sweat less


In our younger years, we perceive the fact of sweating as an absolutely inevitable, but rather annoying phenomenon - nothing more. However, one should not forget about the benefits that sweat brings: take at least thermoregulation; or, more rarely mentioned, the effect of sweat on wound healing.

Here the necessary clarification - it is, of course, not the sweat itself that heals. But, according to the results of numerous studies, sweat glands, like glands of external secretion, are extremely important for re-epithelialization - a beautiful abstruse scientific word for wound healing.

Taking into account the process of thermoregulation, as well as the fact, the property of the human body is to be isolated indirectly contributes to the healing of our body, it is easy to come to the conclusion that in old age people begin to have some problems. This is because older people tend to sweat less than younger people.


What is the first and quite logical, at first glance, reason that comes to your mind? You are likely to assume that sweat gland function simply deteriorates with age. However, this is not the main reason. The main "fault" lies with the aging skin, which worsens the process of perspiration with all the ensuing consequences.

As we age, our skin slowly wears out and becomes unable to restore new cells to their original volume. This is, of course, bad. However, it is possible and even necessary to slow down this process in order to maintain the normal function of the sweat glands as long as possible. Moreover, it is not that difficult.

You just need to know that the most common reason for the deterioration of human skin over age, affecting the functionality of the sweat glands, is constant exposure to sunlight. That is why it makes sense to regularly protect your skin with special creams and lotions.

Your teeth become less sensitive


If you have always had very sensitive teeth, you know perfectly well what inconvenience (to put it mildly!) this fact gives... Both hot and cold foods interfere with normal eating, causing severe pain; and solid food is less readily available. Yes, pleasure is not enough ...

However, as we age, our teeth become less and less sensitive. At first glance, this looks like a pretty positive change for those who have suffered from tooth sensitivity all their lives, as their teeth will finally begin to cause them fewer problems.

The main reason why teeth lose their former sensitivity with age is, as you can imagine, decreased sensitivity of dental nerves, which, relatively speaking, "dry up". So, maybe for the best, you say! The pain goes away. But this is not as good news as it might seem at first glance.


The fact is that due to the loss of sensitivity by the nerves, we stop feeling when we have known problems with dental health (for example, a new hole appears). That is why it is extremely important for elderly people to undergo regular dental examinations.

Many people think that the gradual loss of teeth with age is inevitable. Of course our teeth also change with the whole body as it ages. However, with a careful attitude and proper care from early childhood, a person may well live his whole life with his own teeth.

It's no secret that people don't like to visit the dentist, postponing the visit until there are real problems. However, every person needs professional dental care for their teeth, that is, dental and oral hygiene, which can only be obtained at the dentist's office. Compliance with this rule can also help preserve teeth into a ripe old age.

Old age of a person

Your brain is shrinking


Dental nerves are not the only part of your body that loses in size with age. As terribly sad as it sounds, but scientists relatively recently recorded the startling fact that the human brain "shrinks" as the body ages. And this is the most, that neither is the truth.

Brain researchers explain this not so much by the decrease in the number of new neurons, as by the decrease in neural connections. Of course, it is extremely unpleasant to realize that with age one of the essential organs in our body.

but important point is the fact that not everyone is faced with a significant "drying out" of the brain. One study found that some older people the size of the cerebral cortex (i.e. the thickness of the gray matter layer) more than others. Scientists have suggested that in such people, the brain is less sensitive to the effects of aging.


And it turned out to be true. "Brain" aged people have more stable memory, and the volume of their brains over the three-year study period decreased not as noticeably as the brain of another group of elderly people studied. But does it mean that nature gives some more viable brains than others, dooming the latter to "dull" old age? According to scientists, this is not entirely true.

In fact, many factors influence the process of brain drying out. In order to avoid such significant changes in old age that they could negatively affect cognitive function, should not smoke, control blood pressure, avoid alcohol and overeating, take time to exercise and intellectual activity in the earlier periods of their life. That's the whole secret.

You get lower


If you regularly communicate with aging relatives over a long period of time, you may think that their growth seems to decrease slightly from year to year. But no, you don’t think it really happens to almost all older people.

It is believed that the vast majority of men between their 30s and 70s lose about 2.5 centimeters in height. Women lose even more over the same period- up to five centimeters. After 80 years, both sexes additionally decrease in height by an average of 2.5 centimeters. Here is such a "belittling"!

Specialists in geriatrics (one of the branches of gerontology that studies diseases of people in old age) explain the fact that growth changes as a result of aging by wearing out the articular cartilage tissue. There are problems associated with osteoporosis that cause the spine to literally get shorter.


Among other things, bone tissue in the process of aging of the body loses a significant amount of calcium and other vital minerals. This problem is especially acute postmenopausal women... However, the reason for the constant decrease in height in old age is not only this.

It's no secret that during the aging process, a person (both a man and a woman) usually loses muscle mass. In some cases, muscle tissue is replaced with adipose tissue. Does it mean that this cannot be avoided? Far from it: healthy eating and regular physical activity throughout your life can help you maintain your normal growth for longer.

Your bladder begins to take on a life of its own


No matter how hard we try, old age is still inevitable. We can only influence one thing - to make her healthier. The irreversible aging process causes approximately the same damage to male and female health... However, it seems that nature turned out to be more unfair in relation to women, "giving" them such an unpleasant period as menopause.

During the onset of the menopausal period, the urinary function is significantly impaired. Medical specialists long ago identified the main cause of this disorder, which is the deficiency of the hormone estrogen in the female body.

During menopause, the intensity of production of this substance decreases significantly, and the bladder, responding to a lack of the aforementioned hormone, "weakens". This leads to urogenital atrophy and all the accompanying symptoms of this disorder, including incontinence and frequent urge to urinate.


And as if that weren't enough, menopause is naturally superimposed on the aging process, which also works against the organs and tissues of the pelvic region. Naturally, everyone would like to avoid this sign of aging; and such a possibility exists. Accordingly, there are ways to reduce the troubles that a weak bladder causes.

For some women, so-called hormone replacement therapy can help. However, there is an affordable alternative to hormonal treatment- for this, it is necessary at a young age to significantly reduce the level of coffee consumption and start regularly doing kegel exercises. And also try to maintain a healthy weight.

Signs of old age

Your face is changing radically


Are radical face changes really an essential sign of aging that no one can ultimately avoid? Alas, this is so. But you can make them less radical. When you are in your twenties or so, your skin is rich in collagen and subcutaneous fat, which is the fat underneath your skin.

At a young age, subcutaneous fat is located, so to speak, in the right places, at least responsible for attractive and elastic shape of your cheeks... By the time you are in your thirties, various blemishes usually begin to appear on your face, including nasty dark circles under the eyes, cheeks, forehead, and chin.

The most common cause of these stains is regular negative impact sun rays. However, some women increased pigmentation of the skin or mucous membranes occurs during pregnancy or due to the use of contraception.


With the first reason, as mentioned earlier, it is worth starting to fight in your youth with the help of creams and lotions that protect against the harmful effects of ultraviolet radiation. However, the skin eventually begins to lose its bulk; at the same time, your face gradually begins to look thinner and, alas, older.

After forty years, our skin begins to dry out, which makes your expression lines (and any wrinkles in principle) more visible. During this period of life for the skin great importance has the use of moisturizers and nourishing creams (along with sunscreens).

The layer of subcutaneous fat in this period of life begins to thin out even more intensively and, which is very regrettable, unevenly. Usually, this process affects the center of the face of an aging person, after which it gradually descends, as if encircling the jaw.

Sometimes it looks like the skin is sagging, but in reality it just "shrinks" (although that doesn't sound much nicer, does it?)... Be that as it may, only by regularly taking care of the skin and following the well-known commandments of a healthy lifestyle, you can keep it attractive for much longer.

Your senses are dulled


When we were young children, we developed our five senses daily, learning to use them to the maximum to receive and process information about the world around us. However, in that bright period of our life, we do not even suspect that in old age our feelings will begin to dull.

You may not have noticed, but as a person's body matures, his hearing deteriorates, and the ability to differentiate sounds decreases... You begin to distinguish the background noise a little worse, and hear quiet sounds worse. This is due to a decrease in the functionality of the structure of your inner ear.

In old age, this process is greatly accelerated. Similarly, with the onset of old age, the structure of the eyes also changes. The cornea of ​​the eye becomes less sensitive; our pupils become smaller, and the eyes themselves begin to sink deeper into the sockets. Ultimately, our vision deteriorates.


When we cross the threshold of old age, our taste buds in the mouth also "dry out"; and the ability to acutely feel the slightest odors usually begins to decline - especially after seventy years. The last of the five external senses remains - touch.

We can say that touch, to a certain extent, is one of the most important senses, because thanks to him we can feel the touch, we feel a warning of danger pain, we distinguish between temperature and pressure drops. Of course, the sense of touch in old age also begins to "fail".

So, as we age, all our senses become dulled for a number of objective reasons. For example, due to a decrease in blood flow to our nerve endings, spinal cord and brain. There are, in fact, many reasons. Of course, there are ways to avoid significant deterioration, or, if it has begun, to halt the process.


This is a very broad question that is beyond the scope of this article. The general advice that can be given in this case is as follows: it is necessary throughout your life avoid factors that negatively affect the body; to follow healthy way life; regularly undergo medical examinations.

Aging body

Your digestive system malfunctions on a regular basis

The human digestive system is a complex mechanism that includes three dozen organs and body parts (from the oral cavity to the anus). When it works well, we don’t even think about its complexity. But as soon as something goes wrong, we can no longer think of anything else.

Once in our mouth, food goes through many different stages of chemical processing, moving along the gastrointestinal tract like a toothpaste moves along the tube when we squeeze it out ... As our body ages, this well-oiled process slows down.


Now, in order to "drive" food through the digestive tract, the body needs to absorb more fluid; this usually leads to constipation. Experts know that constipation for people between the ages of sixty and seventy is one of the most common digestive problems.

In addition, old age often brings with it other health problems, due to which the number of those among older people is increasing. who regularly takes various medications... Many of these medications also disrupt the digestive system.

Doctors know that the situation with constipation is greatly aggravated if the problem of low mobility is added to all other problems. To prevent known digestive problems, you need to regularly consume fiber, drink plenty of fluids, control your weight, and maintain reasonable physical activity. If possible, do not overuse medications.

Is old age a joy?


It seems that the amount of problems that can await us in old age can plunge anyone into a state of despondency. But if that were the case, then all the elderly people on our planet would be deeply depressed... Fortunately, this is not the case. It's just that old age comes gradually, so a person has time to adapt to the upcoming changes.

When we, not being old, talk about old age, the many negative aspects always outweigh the small number of positive aspects. However, there is something in old age that allows us to perceive this irreversible process much more favorably, changing our attitude towards it.


We will be able to feel this later - when, hopefully, we will reach old age. But you can find out about it right now. And in this we will be helped results from one of dedicated to the problem aging research, which was attended by over a thousand men and women aged 50 to 99 years.

Within the framework of the study, the entire spectrum of chronic diseases and pathological health disorders characteristic of these ages was studied. In addition, the involvement of older people of different ages in social aspects life, as well as how they themselves assessed their condition in terms of age. The results of the study surprised scientists.


One of its authors, psychologist Colin Depp, an adjunct professor of psychiatry at the University of California San Diego School of Medicine, was surprised by the fact that older people, in the most active period " decrease in physical and cognitive properties " , noted their favorable attitude to their life and to their age. It looks pretty weird, doesn't it?

Let's hope that the "shrinking" brain has nothing to do with it ... It seems that old people, being at the dawn of life, evaluate it not only in terms of accumulated ailments. This means that, despite their advanced age, they have something to be grateful for this life and love it for what it is. Each of us should come to this feeling in old age. At least I want to believe in it!

When the guilty person reaches it, the court has the right to bring him to justice for crimes. Most states have a minimum age at which a person can be held accountable for committing them.

VUO on the Criminal Code

Age of onset criminal liability(RF Criminal Code) - a criterion that exists in criminal law. There are two age limits, according to which the so-called "criminal majority" comes. The age at which the onset of criminal responsibility for most crimes is 16 years old, can also come in some cases from 14.

The need to establish a minimum ESR

The necessity is explained by the following fact: a child cannot fully realize the essence of actions for society. Although already at the age of five years there is an understanding that it is impossible to harm the life and health of others in any way, later it appears in relation to others illegal actions... We can say that the awareness of the value of individual objects does not come to a person immediately, but as he grows up and develops, while taking a rather long period.

Based on the data of research in the field of physiology, psychology and pedagogy, the legislator establishes minimum WEL... In each country and in different historical periods, this issue is resolved in its own way. The legislation also provides for the delineation of age limits by means of different VUOs in relation to certain compositions.

Establishing age

The exact establishment of the age of the accused minor is a prerequisite for the application of criminal liability to him. The procedure, as a rule, is carried out using the appropriate documents, if this is not possible, a forensic medical examination is used, during which an answer to this question is given.

A certain age is reached not on the birthday, but on the day following it (according to jurisprudence which is used in Russia). In the event that the age was established with the help of a forensic medical examination, the defendant's birthday will be the last day of the year established by the experts. Persons under 18 years of age are considered to be minors.

Reduced VUO

The age of criminal responsibility for serious crimes is 14 years. Such crimes include the following: with intent, rape, murder, kidnapping, robbery, theft, extortion, robbery, theft of weapons, car theft, malicious hooliganism.

The reduced age is established for a number of offenses, which are listed in Art. 20 of the Criminal Code of the Russian Federation (part 2). They are divided into several groups, we will consider them in more detail:

  • Taking possession of someone else's property - robbery, theft, robbery, taking possession of a car, extortion, theft of narcotic (psychotropic) drugs or their extortion, as well as theft of weapons, explosives.

  • Physical violence or its threat - murder, rape, willful infliction severe or moderate harm to health.
  • Destruction or damage to someone else's property - vandalism, terrorist attack, destruction (damage) of property, done with intent and under aggravating circumstances, rendering the vehicle unusable.

In addition, there are other corpus delicti. These include: taking a hostage, hooliganism in the presence of a false report of terrorism, illegal manufacture and other actions related to the use of explosives.

This list was formed in accordance with two criteria: the severity of the act, as well as the ability to realize at this age the social danger that these crimes carry. A minor is one of the first to have ideas about the inadmissibility of encroachment on property or violence. In addition, the list of these acts is especially common among minors.

Persons under the age of 16 are not prosecuted for crimes that are not on this list. In the event that the actions of a person simultaneously contain signs of a crime for which he can bear responsibility from the age of 14, and also contains corpus delicti for the commission of which he must be held accountable before the law after reaching the age of 16, then the subject is involved only according to the first corpus delicti. For example, a person has stolen an object representing a special historical value by theft. At the time of the commission of the act, he was less than 16 years old. In this crime, there are signs of an act qualified under two articles: 158 and 164. In this case, the subject is responsible only for the first composition, but he cannot be responsible for the second.

Articles under which persons under 16 can be recruited

So, the list of articles for which a person who has reached the age of 14 may already be involved is as follows: Art. 105, 111, 267, 112, 229, 126, 226, 131, 214, 207, 213, 132, 206, 158, 161, 162, 167, 205, 163, 166.

VUO (age of onset of criminal responsibility) in the Russian Federation and other countries

In the world legislation, persons reach the age of majority at different ages. Basically we are talking about the eighteenth birthday. In some countries, adults are considered to be those who have reached the age of 15, 20 and 21. If the age of the accused is below this limit, mitigated measures are applied to him, but this does not mean that the person is released from punishment.

For example, in Russia the general age of criminal responsibility is 16 years. In the USA and Kazakhstan - also 16, in Germany - 14, in England - 10-17, in France - 13, in Finland - 15, in Scotland - 8, in Iran - 6 years. For example, if in Germany the offender is less than 14 years old, then he is considered insane. According to their legislation, children are more younger age are not yet able to realize the illegality of the act. In the period from 11 to 18 years of age, a teenager is held accountable if he has committed a crime, the punishment for which is imprisonment for more than a year or more.

General, reduced and increased VUO

By general rule, VUO begins from the age of 16. But it can come from the age of fourteen, in the event that the crimes were committed against property, personality, public safety and order. Then we are talking about a reduced ESR. The increased age of criminal responsibility is majority. For example, to attract a person for non-payment of alimony, his age cannot be less than 18 years.

It is noted that for some crimes that do not have comments regarding the VUO for them, it is set - 18 years. These include, as a rule, those of them where a special subject must be present who occupies a certain position.

Criminal liability against persons with mental retardation

Based on paragraph 3 of Art. 20 of the Criminal Code of the Russian Federation, a person who has already turned 14 or 16 years old, but has a lag in mental development cannot be held accountable for those crimes for which minors should be held accountable. The reason for this is a person's misunderstanding of his actions, as well as the inability to direct them.

Sanity of the face

The accused of a crime must be sane - that's one thing general condition to hold him accountable. A person must be aware of the actual nature of actions, their social danger and the ability to direct them. If there are mental health defects that do not affect a person's behavior, criminal liability can be applied to the person. If the subject has mental abnormalities, a involuntary hospitalization to certain institutions. When this fact is taken into account by the court.

Measures of influence on juvenile offenders

Minors who are 11 years of age or older but less than 14 years old if they violate the law court order placed in SUVUZT. This does not apply to criminal prosecution measures. The main purpose of placing a person in such institutions is medical, psychological, social rehabilitation minor, correction of his behavior and adaptation to life in society.

Maximum VUO

The Criminal Code of the Russian Federation does not establish the maximum age of responsibility for crimes. For this reason, even an elderly person is subject to punishment for the act he has committed. However, there is a certain differentiation in relation to these persons. Some penalties are not applied to them, for example, life imprisonment is not applied to men who have already turned 65.

In accordance with Part 1 of Art. 87 of the Criminal Code of the Russian Federation, persons who at the time of the crime have turned 14, but not 18 years old are recognized as minors. Associating it with this period the emergence of a person's ability for conscious-volitional behavior, the Russian legislator endows such a person, albeit in a limited amount, certain rights and obligations (Articles 20, 63 of the Labor Code of the Russian Federation 1, Articles 26, 1074 of the Civil Code of the Russian Federation, etc.), including the obligation to be responsible for the commission of a criminal act and to suffer the corresponding consequences of its commission. In other words, the age of criminal responsibility established in the Criminal Code of the Russian Federation coincides with the period of minority.

In world law, the age at which a person is considered to have reached the age of majority is not universal. In most cases, it is 18 years old, but in a number of countries a person who has reached 15, 20 and even 21 years of age is recognized as an adult. Therefore, when in the norms of international legal acts in question with regard to minors as persons under 18 years of age, a clause is usually made: “unless a different age is established by national legislation”. This is exactly what the 1984 Beijing UN Rules say about the age of minority 2.

International law distinguishes minors as an autonomous group of individuals endowed with specific rights and responsibilities. The need for the legislative "isolation" of this group is due to the need for their special legal protection. Taking into account the specifics of their psychophysiological qualities, social inability, excessive exposure to the influence of the social environment, persons who have not reached the age of majority are subject to “softened”, in comparison with persons of a different age, criminal liability 1.

Part 1 of Art. 20 of the Criminal Code of the Russian Federation establishes the general age, upon reaching which a person is considered capable of bearing criminal responsibility, - 16 years. At the same time, the law provides for the possibility of differentiating the age limits of criminal liability, establishing a lower and higher age of liability for individual compositions. The corpus delicti, for which the age of criminal responsibility is lowered to 14 years, are listed in Part 2 of Art. 20 of the Criminal Code of the Russian Federation.

In the literature, it is noted that the legislator singles out precisely these acts for the following reasons: 1) traditionality, since it is the nature of acts that is usual for all times that makes it possible to consider that their socially dangerous consequences are clear for adolescents; 2) the gravity of the act - only one of the listed crimes is a crime of little gravity; 3) prevalence among minors; 4) exceeding the measure of public tolerance for deviant behavior of adolescents 2.

Like other statements regarding the reasons for lowering the age of criminal responsibility, this position is controversial. In particular, such a criterion as traditionalism is characteristic of Art. 267 of the Criminal Code of the Russian Federation (Art. 86 of the Criminal Code of the RSFSR 1960 3), but not for Art. 205, 207 of the Criminal Code of the Russian Federation (Art. 213.3, 213.4 of the Criminal Code of the RSFSR). The criterion of severity does not unequivocally explain the inclusion of vandalism in the specified list. The acts provided for by Articles 206, 226 of the Criminal Code of the Russian Federation are committed by minors extremely rarely. At the same time, each of the compositions listed in Part 2 of Article 20 of the Criminal Code of the Russian Federation has 2-3 of the above signs.

According to Yu.E. Pudovochkin, the basis for the inclusion of acts in the list of Part 2 of Article 20 of the Criminal Code of the Russian Federation is based on the principle of humanism, which prohibits the use of severe criminal sanctions against minors, and in relation to persons who have reached 14 but have not reached 16 years of age, it limits the range of those imputed to them. for the fault of criminal acts 1. Indeed, in accordance with Article 21 of the Constitution of the Russian Federation, Article 7 of the Criminal Code of the Russian Federation, the entire criminal law is permeated with the spirit of humanism; however, the statement that this principle played a decisive role in the formulation of a specific rule is not entirely correct. Moreover, Part 2 of Article 20 of the Criminal Code of the Russian Federation also includes such acts (Articles 207, 214 of the Criminal Code of the Russian Federation), the very fact of being brought to criminal responsibility upon reaching the age of 14 does not fit into the framework of humanism in the understanding proposed by the author. ...

The above list is comprehensive; persons under the age of 16 cannot be held liable for acts that are not included in it. In cases where the actions of a person contain signs of both an act, responsibility for which is possible only from the age of 16, and an act for which responsibility is provided for from the age of 14 (for example, theft of an object of special historical value (Article 164 of the Criminal Code of the Russian Federation ) by theft (Article 158 of the Criminal Code of the Russian Federation), the subject cannot be held responsible for a more serious act (Article 164), provided for by a special provision of the Criminal Code, and is held liable under general norm(Art. 158). This decision of the legislator appears to be justified; a person who has reached the age of 14, but has not reached the age of 16, in most cases is not able to understand, for example, the real value of items that have special value... Often, a cell phone or a player is more “attractive” for a person of this age than a picture or icon.

A similar approach is reflected in the Criminal Code of the PRC 2. In accordance with Art. 17 of the Criminal Code of the People's Republic of China, persons who have reached the age of 16 and who have committed a crime should be prosecuted. It is noteworthy that, unlike the Criminal Code of the Russian Federation, a person under the age of 16 cannot be the subject of a crime against property under the criminal law of China. Similar norms establishing the age limits of criminal responsibility are enshrined in the Criminal Code of Poland 1. In accordance with Art. 10 of the Criminal Code of Poland, the general age of criminal responsibility is set from 17 years. There is also a reduced threshold of 15 years, but only for a limited range of acts and on condition that the circumstances of the case, as well as the level of development of the culprit, his personal characteristics and living conditions cause such a need, especially if the previously applied educational or corrective measures turned out to be ineffective.

In Germany, the lower age limit for the onset of criminal liability is set at 14 years. If a person who has not reached the specified age commits a crime, he is equated with insane. The definition of insanity of a child is not given in the Criminal Code of the Federal Republic of Germany, while, based on the interpretation of § 20 "Insanity due to mental disorders" 2, in Germany there is a presumption that children under the age of 14 are not able to realize the unlawfulness of the act (crime or misconduct) or act in accordance with this awareness. A similar provision is enshrined in the Criminal Code of Bulgaria, according to which the minimum limit of criminal liability is 14 years; in this case, the court must determine whether the minor could understand the nature and meaning of the act and direct his own actions. 3

In Turkey, the age of criminal responsibility is 11 years. Minors from 11 to 18 years of age are subject to criminal liability only for crimes for which a penalty of imprisonment for more than one year or more is provided. The Turkish Criminal Code provides for a double threshold of criminal liability for minors: persons who have reached the age of 11 but have not reached the age of 15 are "not subject to punishment if they are insane", provided that they commit an act, the punishment for which does not exceed one year of imprisonment 1 ... The age limits from 11 to 15 and from 15 to 18 years were introduced with the aim of individualizing punishment in relation to these age groups: the death penalty, life imprisonment and a number of other punishments are not applied to them, and the maximum terms of imprisonment are significantly reduced.

Under the criminal law of the Republic of San Marino, the age of criminal responsibility is 12 years of age; at the same time, in each case, the court must "determine the ability to understand the meaning of the act and the ability to express will" 2. Age under 21 is the basis for a reduction in punishment. Persons who are not subject to criminal liability due to lack of age or the presence of senile dementia may be recognized as criminally dangerous. The court determines the criminal danger and mental health of a person on the basis of an assessment of the subject's personality and, if deemed necessary, a biopsychological examination.

A rather unusual approach to establishing the age of criminal responsibility is enshrined in the Criminal Code of Switzerland, Art. 82 which prescribes that the criminal law does not apply to a child who has not reached the age of 7. The Code provides a classification of the subjects of crime, establishing certain age limits. So, subjects can be: children (who have reached 7, but have not reached 15 years old), adolescents (aged 15 to 18), youth (aged 18 to 25) 3. It is noteworthy that this code does not contain a list of criminal acts for the commission of which the subjects of a particular group are brought to justice. The classification enshrined in the Code only establishes a differentiated approach to punishment, taking into account whether the persons concerned are children, adolescents or young people. Subjects over 25 years old are subject to criminal liability on a general basis. Thus, it turns out that a child of eight years old can be the subject of almost all criminal acts, with the exception of those committed by special subjects. At the same time, in accordance with Article 11 of the Criminal Code of Switzerland "Reduced Sanity", the court has the right, at its discretion, to mitigate the punishment for a person under 18 years of age, if due to "insufficient mental development" he "had a reduced ability to realize the wrongfulness of his criminal act or to act with the consciousness of this unlawfulness "1.

The criminal legislation of Austria, the Republic of Latvia and the Republic of South Korea provides for the general age of criminal responsibility from 14 years 2. There are no exceptions or exemptions from this norm in the law. In the Criminal Code of Argentina, until recently, minors under the age of 14 were declared insane on the basis of Art. 36, which has now been canceled. Therefore, as noted by Professor Yu.V. Golik, “criminal responsibility begins from the age of 14 on the basis of the interpretation of the norms of the Civil Code and established judicial practice” 3. According to Part 2 of Art. 41 of the Argentine Criminal Code, minority is a mitigating circumstance. In Norway, the Criminal Code of 1902 establishes criminal liability from the age of 15 4.

A fundamentally different approach to establishing the age of criminal responsibility is enshrined in England 1. The lower age limit for criminal liability is regulated by a special statute "On children and young people" from 1933. (as amended in 1968) and is 10 years old. It is understood that persons under this age are unable to understand the nature and meaning of their actions and are considered criminally incapacitated. At the age of 10 to 14, criminal liability is possible, but the issue of its occurrence is decided individually. In particular, the prosecution is obliged to prove that the minor was aware that he was doing something “seriously illegal” 2 3. The age of criminal responsibility is established in the same way in the Australian Criminal Code 11.

In the United States, the question of the age of the subject of a crime due to the specifics legal system at the federal level it is settled and is 10 years, but only for crimes of a national scale. Otherwise, the age may differ in different states, and in some, the minimum age of a person who has committed a criminal act is not defined at all. In each specific case, bringing a minor to criminal responsibility depends on the discretion of the court.

With regard to the criminal codes of the CIS and Baltic countries, it should be noted that most of them retained the differentiated approach to the age of criminal responsibility that existed before the collapse of the USSR. In the Criminal Code of the Republic of Belarus, the Republic of Azerbaijan, the Republic of Armenia, the Kyrgyz Republic, Ukraine, the Republic of Kazakhstan, Turkmenistan, Tajikistan, the general age of criminal responsibility is set at 16 years and the reduced age for a clearly defined list of criminal acts is 14 years. 4 The list of crimes, the responsibility for the commission of which begins from the age of 14, in the criminal codes of these states differs, but not significantly.

In some criminal codes of the former republics of the USSR, there are a number of features in the regulation of the age of onset of criminal responsibility, which should be paid attention to. The Criminal Code of the Republic of Estonia has lowered the age of criminal responsibility to fifteen years, and for fifteen constituencies - to thirteen years. Most of them relate to violent crimes, several structures - to mercenary ones. 1 It is noteworthy that the number of the latter includes embezzlement by means of embezzlement, waste or abuse of official position (Article 14 of the Criminal Code), although its commission is hardly possible at the age of thirteen. The criminal legislation of the Republic of Uzbekistan establishes a four-stage system for differentiating the age of onset of criminal responsibility and for the first time enshrines criminal liability from the age of thirteen for premeditated murder under aggravated circumstances (part 2 of article 97). Along with this age limit, criminal liability is provided for from the age of fourteen for a clearly defined list of criminal acts. For a number of crimes, exhaustively listed in Part 4 of Art. 17 of the Criminal Code, criminal liability is established from the age of eighteen. The general age of onset of criminal responsibility corresponds to the attainment of sixteen years. 2

Thus, in criminal law, there are two main approaches to establishing the age of onset of criminal responsibility: single and differentiated. With a unified approach (Germany, Argentina, Norway, South Korea, etc.), the criminal law clearly indicates at what age a person is fully criminally liable; in a number of countries, in addition, the criminal legislation obliges the court in each case to establish the fact of the person's awareness of the unlawfulness of his actions (England, Australia, San Marino, France, etc.). The essence of the differentiated approach lies in the fact that the criminal law establishes several age categories - the so-called relative (often several) and unconditional age of the onset of criminal responsibility. Upon reaching the minimum legal age, the subject can only be charged with an exhaustive list of criminal acts. This approach, adopted by Russian legislation, is quite popular in the world (China, Austria, a number of CIS and Baltic countries, etc.).

The ability to realize the social significance of one's actions (inaction) and to lead them is not immediately formed in a person. Required level he reaches development by a certain age. From this time on, the individual is able to answer for his actions, and the punishment applied to him becomes expedient.

Part 1 of Art. 20 of the Criminal Code provides general rule: a person who has reached the age of 16 at the time of its commission is subject to liability for a crime. It is believed that from this time on, a teenager is able to fully realize the actual nature and social significance of all his actions, to lead them and be responsible for them.

Part 2 of Art. 20 of the Criminal Code fixes a list of crimes for which responsibility comes from the age of 14 (murder, kidnapping, robbery, terrorist act, aggravated hooliganism, etc.). Their social danger is obvious even at the indicated age. In addition, most of them are classified as serious and especially serious crimes or are common among adolescents (theft, robbery, knowingly false reporting of an act of terrorism, disabling Vehicle or ways of communication, etc.).

A number of norms of the Special Part of the Criminal Code establish a higher age threshold for responsibility. So, the subjects of attacks on minors and minors, their normal moral and physical development, sexual inviolability (Articles 134, 135, 150, 151 of the Criminal Code) can only be persons who have reached the age of 18.

For some crimes, the age of responsibility follows from the attribute special entity... For example, to deliver a knowingly unjust verdict, decision or other judicial act can a judge (art. 305 of the Criminal Code), i.e. a person who has reached the age of 25.



There are cases when a person who has not reached the required age gets to a position characterizing a special subject. If the reason is deception, error or other similar circumstances, the factual occupation of this position by a person does not give him an appropriate criminal statute. For example, a minor who got a job related to the movement and operation of the railway, water, air transport or the subway, violating the relevant safety rules and causing serious harm to human health, cannot be recognized as the subject of a crime under Art. 263 of the Criminal Code. If the perpetrator turns 16, he should be held accountable for causing grievous harm health due to negligence (Article 118 of the Criminal Code).

Situations are not excluded when the discrepancy between age and position (type of activity) has legal grounds... So, a teenager, having entered a military school as a cadet, becomes a soldier until he reaches 18 years of age. These persons are subject to the provisions of the Criminal Code on crimes, the responsibility for which is borne by special subjects.

Thus, the criminal law establishes several minimum age limits for criminal liability: general - 16 years; reduced - 14; increased - 18 years or more.

According to paragraph 5 of the Resolution of the Plenum The Supreme Court RF dated 01.02.2011 N 1 "On judicial practice of the application of legislation regulating the peculiarities of criminal liability and punishment of minors" e. from zero hours of the next day ". Thus, a person who committed a socially dangerous act on his 16th or 14th birthday is not recognized as the subject of the corresponding crime.

In the case when the exact date of birth of a person is unknown (there are no relevant documents, reliable testimony, etc.), it is determined forensic examination, which sets the year or a span of several years, presumably the time of birth of the person. If the opinion states the possible minimum and maximum number of years, the court proceeds from the smallest number. The last day of the corresponding year is considered the birthday. The above rules are based on the principle of interpreting irreparable doubts in favor of the accused: when determining age by an interval of time, the latest date of all possible dates is recognized as the birthday.

According to Part 3 of Art. 20 of the Criminal Code is not subject to criminal liability for a minor who has reached the age of 16 (14) years, but due to a mental retardation not associated with a mental disorder, while committing socially dangerous act he could not fully realize the actual nature and social danger of his actions (inaction) or control them. In criminal law science, this condition is called age-related insanity or age-related immaturity.

The reasons for mental retardation not associated with a mental disorder can be social and pedagogical neglect (improper upbringing in the family, school), long-term or severe somatic diseases, organic damage to the central nervous system, general underdevelopment of the body, etc.

Deprivations play a significant role, i.e. mental deprivation experienced by a teenager as a result of insufficient satisfaction of emotional needs.

Depending on the causes of occurrence, there are: sensory and mental (affective) varieties. Sensory is a consequence of defects in the sense organs - deafness, blindness. By themselves, these shortcomings do not affect the level of mental development. At the same time, significantly limiting the amount of information received by the child, being congenital or early acquired, they are able to slow down the process of mental formation.

Affective deprivation develops when emotionally rich communication is insufficient. This happens when a child is abandoned, placed in foster care Orphanage or when he is deprived of the opportunity to communicate with loved ones, being in hospitals and sanatoriums for a long time (hospitalism).

Latent mental deprivation is observed in cases when a minor, living in a family, is emotionally rejected by his parents, does not receive the necessary attention, care, and warmth.

The mental retardation can also be caused by the other extreme, known as only child syndrome. Excessive custody, the creation of greenhouse conditions lead to the fact that, growing up, a person turns out to be unadapted to life, cannot objectively assess his place in it, correlate his own interests and actions with the interests and actions of others.

In all these cases, the delay in mental formation is not pathological. The psyche of a teenager can be healthy. The lag in its development is due to social factors: a minor at certain periods of his life does not receive the necessary experience or receives the wrong experience that he needs.

Majority in Russia- the age at which a citizen is considered capable of fully exercising his rights, fulfilling duties and bearing responsibility. As a general rule, this age is 18, but the law gives other examples. Read everything about the age of majority, its consequences and ways to achieve it in this article.

From how old a person is considered an adult

As a general rule set out in article 21 Civil Code RF, the age of majority in Russia comes from the age of 18. It is from this age that a person becomes fully capable and gets the opportunity to perform many actions that he had not previously had the right to do.

In particular, starting from the age of 18, a citizen has the right to drive a car, get married, hold positions in public service, to participate in elections as a voter, etc. Thus, coming of age means a full-fledged ability to exercise and defend one's rights, as well as to be responsible for one's actions and their consequences.

At the moment of coming of age, a citizen acquires not only rights, but also obligations - from that time on, he fully bears property, civil, administrative, criminal, disciplinary and other types of responsibility.

For example, the age of onset of criminal responsibility is 16 years, but before the onset of majority it cannot be called full, since there are many exemptions and restrictions for juvenile criminals. In particular, they have “preferential” terms for clearing their convictions (half as much as for adults), reduced punishment limits (maximum - 10 years in prison, regardless of the severity of the offense), etc.

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When you can consider yourself fully capable

Despite the law equating the age of majority with full legal capacity, for a citizen who celebrated his 18th birthday, not all opportunities are open. For example, suffrage for him it is accessible only in its passive manifestation, that is, he can elect, but not be elected: Russians begin to run for deputies of any level from the age of 21, and presidential elections as a candidate, you really need to wait for the 35th anniversary.

Thus, legal capacity in its full manifestation comes much later than the age of majority. But this only applies to selected areas lives in which a minority takes part.

Lowering the age of majority in Russia: how to become an adult under 18

The age of majority is not always determined by age - there are 2 factors of gaining full legal capacity before the age of 18:

  • marriage;
  • emancipation.

Despite the fact that the age of marriage is Family Code comes simultaneously with the age of majority, there are exceptions to this rule. So, if there are valid reasons, to marry with permission territorial body guardianship and trusteeship is possible as early as 16 years old.

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Likewise, that is, by decision of the guardianship authority, a 16-year-old may be declared fully capable, provided that he is officially employed or engaged in entrepreneurial activity(the latter - with parental consent).

Thus, answering the questions about how many years the majority in Russia, from what age the legal capacity comes, etc., the law does not limit itself to mentioning the 18th birthday, but considers all possible situations and dictates its own conditions for each of them.