Article 87 of the Criminal Code of the Russian Federation. Criminal liability of minors

Criminal Code of the Russian Federation in the latest edition:

Article 87 of the Criminal Code of the Russian Federation. Criminal liability of minors

1. Persons who at the time of committing a crime were fourteen years old, but not eighteen years old, are recognized as minors.

2. Compulsory educational measures may be applied to minors who have committed crimes or they may be sentenced, and if released from punishment by the court, they may also be placed in a special closed educational institution.

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Comments on Article 87 of the Criminal Code of the Russian Federation

The provisions of Chapter 14 of the Criminal Code of the Russian Federation apply to minors subject to criminal liability.

In accordance with Part 1 of Art. 87 of the Criminal Code of the Russian Federation, persons who at the time of committing a crime were 14 years old, but not 18 years old, are recognized as minors.

It is this category of minors that can become the subject of criminal law relations, and it is necessary to take into account a number of limiting factors, for example:

age and category of crimes (not all crimes are punishable at the age of 14);
age, type and terms of punishment (not all punishments can be applied to minors, and the terms or amounts of punishments are significantly reduced).

The law also provides for other features of criminal liability and punishment of minors.

Establishing the exact age of the person liable

Since the law establishes special conditions for criminal liability and punishment specifically in relation to minors, it is fundamentally important to establish the exact age of the person subject to liability.

In accordance with clause 1, part 1, art. 421 of the Code of Criminal Procedure of the Russian Federation, establishing the age of a minor is among the circumstances subject to proof in cases of minors. It should be taken into account that a person is considered to have reached the age at which criminal liability begins, not on his birthday, but after the day on which this day falls, i.e. from zero o'clock the next day. So, if your birthday is January 20, 2003, then January 21, 2021 will be considered the day of majority.

When establishing by a forensic medical examination (in the absence of documents) the age of the defendant, his birthday is considered to be the last day of the year named by the experts, and when determining the age of the minimum and maximum number of years, the court should proceed from the minimum age of such a person proposed by the experts.

Establishing the fact that a minor is lagging behind in mental development

If it is established that the minor has reached the required age, but due to mental retardation not associated with a mental disorder, during the commission of a socially dangerous act he could not fully understand the actual nature and social danger of his actions (inaction) or direct them , he is not subject to criminal liability (Part 3 of Article 20 of the Criminal Code of the Russian Federation). Accordingly, the provisions of Chapter 14 of the Criminal Code of the Russian Federation do not apply to him.

If there is evidence of mental retardation of a minor defendant, by virtue of Art. Art. 195 and 196, part 2 of Art. 421 of the Code of Criminal Procedure of the Russian Federation, a judicial comprehensive psychological and psychiatric examination is appointed to resolve the issue of the presence or absence of mental retardation in a minor.

These questions can be put to the permission of an expert psychologist, and the question must necessarily be raised about the degree of mental retardation of a minor whose intellectual development does not correspond to his age.

When investigating and judicially considering cases of crimes committed by minors, investigative bodies and courts must take into account the physical, intellectual, psychological, social level of development of the teenager, his living conditions, the ability to adequately assess the situation and his actions and, taking these factors into account, give an appropriate assessment of the crime committed by the minor. deeds.

Article 87. Criminal liability of minors

Criminal Code of the Russian Federation

(as amended on July 21, 2014) (version effective from August 4, 2014)

Section V. Criminal liability of minors (Articles 87 - 96)

Chapter 14. Features of criminal liability and punishment of minors (Articles 87 - 96)

Article 87. Criminal liability of minors

1. Persons who at the time of committing a crime were fourteen years old, but not eighteen years old, are recognized as minors.

1. As follows from the norms of the commented article, the age of the minor, which he reached at the time of committing the crime, is of fundamental importance. The minimum age limit for criminal liability is 14 years. Upon reaching the specified age, minors can be brought to criminal liability for committing a number of crimes provided for in Part 2 of Article 20 of the Criminal Code of the Russian Federation , the social danger of which is clear even to a 14-year-old teenager. For other crimes, criminal liability as a general rule begins upon reaching 16 years of age.

Part 2 of Article 20 of the Criminal Code of the Russian Federation 2. Persons who have reached the age of fourteen at the time of committing a crime are subject to criminal liability for murder (Article 105), intentional infliction of grievous bodily harm (Article 111), intentional infliction of moderate harm to health (Article 112) , kidnapping (Article 126), rape (Article 131), sexual assault (Article 132), theft (Article 158), robbery (Article 161), robbery (Article 162), extortion (Article 163), unlawful taking of a car or other vehicle without the purpose of theft (Article 166), intentional destruction or damage to property under aggravating circumstances (part two of Article 167), terrorist act (Article 205), hostage taking (Article 206), knowingly false report of an act of terrorism (Article 207 ), hooliganism under aggravating circumstances (part two of Article 213), vandalism (Article 214), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226), theft or extortion of narcotic drugs or psychotropic substances (Article 229), bringing into disrepair of transport vehicles or means of communication (Article 267) (as amended, put into effect on August 8, 2004 by Federal Law of July 21, 2004 N 73-FZ; as amended, put into effect on July 29, 2006 by Federal Law of July 27, 2006 N 153-FZ - see previous edition).

3. If a minor has reached the age provided for in parts one or two of this article, but due to mental retardation not associated with a mental disorder, during the commission of a socially dangerous act he could not fully understand the actual nature and social danger of his actions (inaction) or to lead them, he is not subject to criminal liability. *20.3)

Having a person in the status of a minor, that is, under 18 years of age, provides a special procedural status and plays a significant role in imposing punishment. Thus, when recognizing recidivism of crimes, convictions for crimes committed by a person under the age of eighteen are not taken into account; when imposing a sentence, minor age is a mitigating circumstance; a minor may be released from punishment with the use of compulsory educational measures; the statute of limitations for releasing minors from criminal liability or serving a sentence is reduced by half; shortened terms for expunging criminal records are applied, etc.

Proceedings for crimes committed by minors, regardless of attainment of 18 years of age at the time of consideration of the case in court, are carried out in the general manner established by criminal procedure legislation, with the exceptions provided for in Chapter 50 of the Code of Criminal Procedure of the Russian Federation. Article 420 of the Code of Criminal Procedure of the Russian Federation directly establishes that the specifics of criminal proceedings against minors apply to persons who committed a crime under the age of eighteen. Consequently, it is the age at which the crime was committed that is of fundamental importance, and not the age at which the preliminary investigation and trial of the case are carried out. Due to this requirement, along with the general circumstances that must be proven, a necessary and mandatory requirement is to accurately establish the age of the minor who committed the crime. Thus, Part 1 of Article 421 of the Code of Criminal Procedure of the Russian Federation stipulates that during a preliminary investigation and trial in a criminal case of a crime committed by a minor, the age of the minor, the day, month and year of birth, as well as the living conditions and upbringing of the minor, must be established. level of mental development and other characteristics of his personality; influence of older persons on a minor.

As a general rule, the exact age of a minor is determined by documents - birth certificate, passport, etc. In this case, a person is considered to have reached the age at which criminal liability begins, not on his birthday, but after its expiration, i.e. from zero o'clock the next day. If there is evidence of a person’s mental development retardation (without the presence of mental disorders), then Resolution No. 1 of the RF Armed Forces dated 02/01/2011 speaks of the need to conduct a comprehensive psychological and psychiatric examination, which is asked about the degree of mental development of the minor and whether it is appropriate intellectual development by age. If, as a result of the examination, it is concluded that the minor, due to retardation in intellectual and mental development, cannot fully understand the circumstances relevant to the case, then he is not subject to criminal liability by virtue of Part 3 of Article 20 of the Criminal Code of the Russian Federation.

2. The procedure for terminating criminal prosecution of minors using compulsory educational measures is regulated by Article 427 of the Code of Criminal Procedure of the Russian Federation. For information on what measures of compulsory educational influence can be applied in this case, see the commentary to Article 90 of the Criminal Code of the Russian Federation.

If a minor has committed a crime of minor or moderate gravity and correction can be achieved through the use of compulsory educational measures, then the issue of exemption from criminal liability using these measures must be decided by the court without fail. When deciding on the use of educational measures, the criminal case is subject to termination on the specified grounds, both at the stage of preparation for the court hearing based on the results of the preliminary hearing, and based on the results of the trial.

When releasing minors from punishment, the court may also decide to place them in a special closed educational institution. Article 88. Types of punishments imposed on minors

1. The types of punishments imposed on minors are:

a) fine;

b) deprivation of the right to engage in certain activities;

c) compulsory work;

d) correctional labor;

e) restriction of freedom

f) imprisonment for a certain period.

2. A fine is imposed both if the convicted minor has independent income or property that can be levied against, or if there is none. A fine imposed on a convicted minor may, by a court decision, be collected from his parents or other legal representatives with their consent. A fine is imposed in the amount of one thousand to fifty thousand rubles or in the amount of wages or other income of the minor convicted for a period of two weeks to six months.

3. Compulsory work is assigned for a period of from forty to one hundred and sixty hours, consists of performing work that is feasible for a minor, and is performed by him in his free time from study or main work. The duration of execution of this type of punishment by persons under the age of fifteen years cannot exceed two hours a day, and by persons aged from fifteen to sixteen years - three hours a day.

4. Correctional labor is assigned to convicted minors for a period of up to one year.

5. Restriction of freedom is imposed on convicted minors as the main punishment for a period of two months to two years (as amended, entered into force on January 1, 2010.

6. Punishment in the form of imprisonment is imposed on convicted minors who committed crimes before the age of sixteen for a period of not more than six years. For the same category of minors who have committed particularly serious crimes, as well as for other convicted minors, punishment is imposed for a term of not more than ten years and is served in educational colonies. Punishment in the form of imprisonment cannot be imposed on a convicted minor who committed a crime of minor or medium gravity for the first time at the age of sixteen, as well as other juvenile convicts who committed crimes of minor gravity for the first time (as amended as amended on December 11, 2003.

6.1. When a convicted minor is sentenced to imprisonment for committing a grave or especially grave crime, the lower limit of punishment is reduced by half (part additionally included on December 11, 2003

6.2. If a juvenile convict who has been given a conditional sentence has committed a new crime during the probationary period that is not particularly serious, the court, taking into account the circumstances of the case and the identity of the perpetrator, may re-decide on a conditional sentence, establishing a new probationary period and assigning performance of certain duties.

7. The court may give instructions to the body executing the punishment to take into account certain characteristics of his personality when treating a convicted minor. Commentary on Article 88

1. Of the types of punishments provided for in Article 44 of the Criminal Code of the Russian Federation, only six can be applied to minors - a fine, deprivation of the right to engage in certain activities, compulsory labor, correctional labor, restriction of freedom, imprisonment for a certain period. This list of types of punishments is given in Part 1 of the commented article; it is exhaustive and is not subject to broad interpretation. As can be seen from the text of the Criminal Code of the Russian Federation, the most severe types of punishments cannot be applied to minors, such as the death penalty and life imprisonment, as well as those that, due to the characteristics of the actual and social status of minors, cannot be applied (restrictions on military service, detention in a disciplinary military unit, etc.).

A common feature for all types of punishments imposed on persons who committed a crime as a minor is a significant limitation of their severity - a reduction in the size and duration of punishments in comparison with the general norms for imposing punishments. 2. A fine means a monetary penalty imposed within established limits. For minors, this limit is set in significantly smaller amounts than for adult convicts and ranges from 1,000 to 50,000 rubles, or the amount of wages or other income of a minor convict for a period of two weeks to six months.

The Supreme Court of the Russian Federation, in Resolution No. 2 of January 11, 2007, “On the practice of imposing criminal punishment by the courts of the Russian Federation,” indicated that a minor defendant may be sentenced to a fine regardless of whether he has independent income or property on which a penalty may be imposed. By decision of the court, a fine may be collected from his parents or other legal representatives with their consent. Such a decision may be made by the court at the request of parents or other legal representatives after the verdict enters into legal force in accordance with the procedure. In any case, the court must verify the voluntariness of such consent and the solvency of the parents or other legal representatives, and also take into account the consequences of failure to comply with the court decision to collect a fine. A fine is imposed as the main type of punishment or additional punishment, if provided for by the relevant article. Under certain circumstances, the court may impose a fine with installment payment in certain installments for a period of up to five years. If a convicted minor maliciously evades payment of a fine imposed as the main punishment, then the fine in accordance with Part 5 of Article 46 of the Criminal Code of the Russian Federation is replaced by another type of punishment within the limits of the sanction.

3. The imposition of punishment in the form of deprivation of the right to engage in certain activities for convicted minors is entirely based on the provisions of Article 47 of the Criminal Code of the Russian Federation and the law does not provide for any specific features of the application of this punishment in relation to minors. This type of punishment is imposed for a period of one to five years as the main type of punishment and for a period of six months to three years as an additional type of punishment. In some cases, specifically provided for by the relevant articles of the Criminal Code of the Russian Federation, this type of punishment is established for a term of up to twenty years as an additional type of punishment. 4. The features of punishment in the form of compulsory labor when assigned to minors are as follows. Firstly, the terms of this type of punishment are set in the range from 40 to 160 hours, i.e. reduced by one third compared to the deadlines established by Article 49 of the Criminal Code of the Russian Federation. Secondly, a minor can only be involved in such types of work that are feasible for him and do not harm his physical and mental development. Thirdly, the duration of serving compulsory labor by minors aged 14 to 15 years cannot exceed two hours a day; persons aged 15 to 16 years - three hours a day, aged 16 to 18 years - four hours a day.

5. The only peculiarity of imposing a punishment on minors in the form of correctional labor is that the upper limit of this punishment cannot exceed one year. The minimum term of correctional labor for both adults and juvenile convicts is 2 months. The procedure for serving a sentence in the form of correctional labor is determined by Article 50 of the Criminal Code of the Russian Federation, as well as Chapter 7 of the Penal Code of the Russian Federation. It should be noted that when minors serve sentences in the form of correctional labor, the norms of Chapter 42 of the Labor Code of the Russian Federation “Peculiarities of labor regulation for workers under the age of eighteen” are applied. Punishment in the form of correctional labor can also be imposed on minors who are students, except in cases where its execution may actually impede the continuation of education, for example, in full-time education.

6. Restriction of freedom is imposed on convicted minors as the main punishment for a period of two months to two years. The punishment in the form of restriction of freedom is served by the convicted person at his place of residence. In this case, the convicted minor is obliged to comply with the restrictions established by the court, and also to appear when summoned to the penal inspection. The period of restriction of freedom imposed as the main type of punishment is calculated from the day the convicted person is registered with the criminal-executive inspection. The procedure for serving this type of punishment is regulated by Article 53 of the Criminal Code of the Russian Federation and Chapter 8 of the Criminal Code of the Russian Federation.

7. Imprisonment is the most severe type of punishment that can be applied to minors. Persons under the age of 16 who committed a crime of minor or moderate gravity for the first time cannot be sentenced to imprisonment; when such persons commit a crime of any category, except for a particularly grave one, imprisonment may be imposed for a term of not more than six years, and when committing a particularly grave crime - for a term of not more than 10 years.

The Supreme Court of the Russian Federation indicated that a person who has committed one or more crimes and has not previously been convicted of any of them, or a previous sentence in respect of which has not entered into legal force or convictions for previously committed crimes, should be considered to have committed a crime of minor or medium gravity for the first time. crimes were withdrawn and extinguished in accordance with the procedure established by law.

The lower limit of punishment in the form of imprisonment is the same as for adult convicts and is enshrined in Part 2 of Article 56 of the Criminal Code of the Russian Federation. When a minor is sentenced to imprisonment for committing a serious or especially serious crime, the lower limit of punishment provided for in the relevant article of the Special Part of the Criminal Code of the Russian Federation is reduced by half. Serving a sentence of imprisonment by minors, regardless of the assigned period, is carried out in educational colonies.

Issues of sentencing for minors

Considering the issues of imposing punishment on minors, the Plenum of the Supreme Court of the Russian Federation, in Resolution No. 1 of 02/01/2011, drew the attention of the courts to the need for increased attention to the timely and high-quality consideration of cases of juvenile crimes. Legal proceedings in cases of this category, in accordance with the explanations of the Plenum, should be based on strict compliance with the requirements of substantive and procedural legislation, maximally contribute to ensuring the interests of protecting the legal rights of minors, imposing fair punishment, and preventing the commission of new crimes. When deciding the issue of imposing a sentence on minors, the court was recommended to discuss, first of all, the possibility of applying a punishment not related to deprivation of liberty, bearing in mind not only the requirements set out in Art. 60 of the Criminal Code of the Russian Federation (the nature and degree of public danger of the crime committed, personal data, circumstances mitigating and aggravating punishment), but also the conditions provided for in Art. 89 of the Criminal Code of the Russian Federation (living conditions and upbringing of a minor, level of mental development, other personality characteristics, influence of older persons). The court has the right to decide to impose a sentence of imprisonment on a minor only when his correction is impossible without isolation from society, necessarily motivating the decision in the verdict.

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