Quite often crimes are committed.by minors. Legislation distinguishes measures of responsibility for these persons depending on the severity of the act and other factors. The main rule governing sanctions for minors Of the Criminal Code, - article 88. 
Penalties
In the first part of the above norm, there is a list of sanctions that can be applied to minors. Art. 88 h. 1 of the Criminal Code allows to impute:
- Fine.
- Prohibition of any activity.
- Corrective or compulsory work.
- Restriction or imprisonment.
Cash collection
According to st. 88 h. 2 of the Criminal Code, a fine can be imputed even ifguilty self-earnings or personal property, and in their absence. At the same time, material values should not fall into the list of items for which repossession is not allowed. A fine may be imputed to parents or legal representatives by a court decision and with the consent of these persons. The amount of recovery cannot be less than 1 thousand rubles. and more than 50 000 p. or make the amount of income of the perpetrator in less than 2 weeks. and more than six months.
Mandatory / Corrective Work
They are mentioned in part three. st. 88 of the Criminal Code. According to the norm, mandatory work is allowedappoint at 40-160 hours, and correctional - no more than 1 year. In this case, a minor is involved in classes that are feasible for him. Performance of obligatory works is carried out in free time from the main professional activity or study. The duration of serving the sentence for persons under the age of 15 years should not be more than 2 hours / day, and subjects of 15-16 years - 3 hours.
Restriction / imprisonment
The imposition of these sanctions is regulated by parts five and six st. 88 of the Criminal Code. Restriction of freedom is allowed for a period of two months. up to two years. According to part 6 tbsp. 88 of the Criminal Code, imprisonment can be imputed to subjects with16 years. However, its duration can not be more than 6 years. Minors who have committed acts of particular gravity, as well as other persons aged 16-18, may be sentenced to a term not exceeding 9 years. Serving is carried out in educational colonies. In h. 6 tbsp. 88 of the Criminal Code set and exceptions.Deprivation of liberty may not be imputed to convicted juveniles who committed an act of medium or minor gravity for the first time under 16 years old, and to other persons under the age of 18 who are prosecuted for a minor crime for the first time.
Additionally
If a convicted minor is servinga conditional sentence, during a test period, committed a new act that does not qualify as a particularly grave court, taking into account the circumstances of the case and the individual characteristics of the subject, may re-issue a decision on the conditional punishment. This establishes a new target date. The court imposes on the convicted person the performance of certain duties established in part five of Article 73 of the Criminal Code. In addition, the authority has the right to send an institution that implements the execution of the sanction, an indication to take into account some features of the personality of the minor when dealing with him.
Art. 88 of the Criminal Code with comments
В юридической литературе особое внимание given the softest sanctions - fine. He can be imputed as the main or additional punishment. At the same time, when rendering a decision, the court must take into account that the law provides for categories of property for which the recovery is not applied. These are, in particular, the personal belongings of the subject (clothes, shoes, etc.), the items that he uses to carry out his professional activities, the funds necessary for existence, and so on. As stated in st. 88 of the Criminal Code, the penalty may be imposed on legal representativesor parents of a minor, if they agree to this. A transfer of a penalty may be carried out before a sentence is pronounced or after the sentence comes into effect. In the latter case, representatives or parents must write a petition. The court, in turn, is obliged to verify the voluntariness of the will, as well as the solvency of these persons. In addition, it is necessary to take into account the consequences of non-execution of the decision on the payment of a monetary penalty. If the parents (representatives) evade the redemption of the fine, the writ of execution is sent to the FSSP. Recovery is carried out in a general manner.
Forced labor
Mandatory work imputed to minorstaking into account the physical condition. Attraction to them is carried out exclusively in free time from the main employment (study or professional activity). The types of work, as well as the objects on which the convict will perform them, are determined by the territorial power structures. These bodies are obliged to coordinate their decisions with the penitentiary inspection. Art. 88 of the Criminal Code limits the duration of the work. The duration of employment depends on age. In this regard, the court, when rendering a decision, must take this factor into account. In the case of a malicious evasion of a minor from the performance of work, they may be replaced by a more severe punishment. This may be an arrest or imprisonment. When replacing the sanction, the court takes into account the criteria for recalculating the term set out in Article 49 of the Criminal Code (part 3). Appointment of correctional work is carried out, according to the requirements of Art. 50 of the Code. The legislation establishes the only restriction for imposing this punishment - its term must not exceed one year.
Strict sanctions
These include the deprivation and restriction of freedom.The latter is imputed, according to the rules of Article 53 of the Criminal Code. In this legislation establishes a number of rules. Restriction of freedom the court may appoint, regardless of the category of the crime that the person committed. This sanction is established as the main punishment. Its duration is 2-24 months. In exceptional cases, a minor may be sentenced to imprisonment. This takes into account the degree and nature of the public danger of the act, circumstances and individual characteristics of the person. It is not allowed under any circumstances to sentence a minor to imprisonment if he committed a minor offense for the first time. A similar ban has been established for moderate acts of subjects under the age of 16 liters.
Time limit
Regardless of the punishment stipulated by the rule of the Special Part and the age of the subject at the date of sentencing, the deprivation of liberty must not exceed:
- 6 years - for minors who committed an act up to 16 liters. The crime must be small or moderate.
- 10 years - for minors who committed an act of particular severity under the age of 16 liters.
- 10 years - for persons 16-18 l. At the same time, the category of crime does not matter.
The lower limit of the imprisonment sanction provided for in the norms of the Special Part of the Code for serious or particularly serious acts should be halved.
Conclusion
According to the 7th part of the norm, the judicialThe authority has the right to send to the body that executes the punishment an obligatory indication of the need to take into account some of the individual characteristics of the minor when handling him. The relevant specific features are established in the course of the proceedings. In some cases, medical examination may be performed. Any punishment is, first of all, educational. However, in some situations, the measures of influence can not only not bring the desired result, but also harm the minor. In this regard, it is important to take into account the individual characteristics of convicts. This is especially true in cases where severe punishments are imposed on guilty persons, in particular imprisonment. The legislation prescribes that persons sentenced to imprisonment be sent to educational colonies. The management of these institutions is responsible for each prisoner and is obliged to follow mandatory instructions sent by the court.
