The subject of a crime in a criminal case. Concept and signs of the subject of a crime

Ministry of Internal Affairs Russian Federation

University of Moscow

Bryansk branch

Department of Criminal Law and Criminology

Course work

in criminal law

topic: “Subject of the crime”

Introduction

Chapter 1. The subject of the crime as a mandatory element of the crime

Concept and signs of the subject of a crime

Age of attraction criminal liability

The subject of the crime and the identity of the criminal

Chapter 2. Sanity as one of the most important conditions of criminal liability

2.1. Legal criterion of sanity

2.2. Medical criterion of sanity

2.3. Peculiarities of criminal liability of persons with mental abnormalities that do not exclude sanity, and persons who committed a crime while intoxicated

Chapter 3. Criminal legal characteristics special subject crimes

3.1. The concept and characteristics of a special subject of a crime

3.2. Types of special subject of crime

Conclusion

Bibliography

Introduction

Socially dangerous acts are committed by specific people. Each case of a crime has its own individual features, including those related to the characteristics of the person guilty of this crime. Each personality has specific, unique characteristics that make up its individuality.

All individual characteristics cannot be reflected in the theoretical and legislative structures of crimes. In the theory of criminal law, the most typical personality traits of the criminal are selected; they are reflected in the concepts of characteristics of the subject of the crime.

Topic of this course work is very relevant, since despite the fact that the new Criminal Code of the Russian Federation has been in force for about ten years, its interpretation and application separate standards, institutions still cause certain difficulties for practitioners. The main problems of the doctrine of the subject of a crime in modern stage development of legislation, questions remain regarding sanity and establishing the characteristics of a special subject. Separately, it is necessary to highlight the responsibility of persons with mental abnormalities that do not exclude sanity.

So, the purpose of this course work is to study the subject of the crime as an obligatory element of the crime.

To achieve this goal, it is necessary to solve the following tasks:

Reveal the concept and characteristics of the subject of the crime;

Analyze the concepts of “subject of a crime” and “personality of the criminal”;

Consider sanity as one of the most important conditions for criminal liability;

To study the features of the criminal liability of persons with mental abnormalities that do not exclude sanity, and of persons who committed a crime while intoxicated, to identify the features of the investigation;

Give criminal legal characteristics special subject of the crime;

Explore issues related to this legal institution;

Draw appropriate conclusions based on the work done.

The subject of the study is the subject of the crime.

This topic has been fairly well studied in the literature. Thus, the following authors devoted their works to the study of inquiry: Ivanov N.G., Naumov A.V., Semenov S.A., Pavlov V.G. and some others.

To write a term paper highest value have the following regulations: Constitution of the Russian Federation (adopted in a national referendum on December 12, 1993) (hereinafter referred to as the Constitution of the Russian Federation), Criminal Procedure Code of the Russian Federation, Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on January 5, 2006 No. 11 -FZ) (hereinafter referred to as the Criminal Code of the Russian Federation).

The research methods used in writing this work include, first of all, comparative legal, sociological, historical, logical and systemic methods.

Chapter 1. The subject of the crime as a mandatory element of the crime

1.1. Concept and signs of the subject of a crime

To resolve the issue of bringing a person to criminal liability, it is necessary to comply with the requirements of Art. 8 of the Criminal Code of the Russian Federation about mandatory presence all the necessary elements of a crime, as well as Art. 19 of the Criminal Code of the Russian Federation, characterizing the subject of the crime.

The subject of the crime is one of the mandatory elements of the crime.

In the theory of criminal law, the institution of the subject of a crime as a whole is sufficiently developed. The subject of a crime is a person who has committed an act prohibited by criminal law and is capable, in accordance with the law, of bearing criminal liability for it.

The absence of signs of a crime in the act indicates the absence of a crime in the actions of the perpetrator. In order to recognize a person as the subject of a crime, it is necessary to establish that it was this person who committed the crime. A person is considered to have committed a crime if he personally, committed a socially dangerous act that constitutes a certain type of crime. The subject of a crime is recognized as both the perpetrators and all other accomplices of the crime (organizers, instigators, accomplices). The subjects of a crime are not only persons who have committed completed crimes, but also those persons who are guilty of preparing and attempting a crime.

The concept of the subject of a crime involves clarifying a wide range of issues, expressed in establishing its legal characteristics. WITH criminal law point In our opinion, the subject of a crime is a person who has committed a crime and has the characteristics specified in the law.

An analysis of domestic criminal legislation allows us to conclude that legislators throughout the history of Russia have constantly turned to criminal law norms that define the characteristics of the subject of a crime. At the same time, the list of criminal acts was constantly changing, and issues related to criminal liability and punishment of the subject of the crime were detailed and clarified at various stages of the development of the state, based on the tasks facing it in the fight against crime.

From Art. 19 of the Criminal Code of the Russian Federation it follows that the subject of the crime must have the following characteristics:

The subject of a crime can only be individual;

The person must be of sound mind;

The person must have reached the age of criminal responsibility established by criminal law.

The subject of a crime can only be an individual. This provision follows from the criminal legislation of the Russian Federation. From the contents of Art. 11, 12 and 13 of the Criminal Code of the Russian Federation it follows that the action of the Criminal Code of the Russian Federation extends to citizens of the Russian Federation, stateless persons, foreign persons(Article 11-13 of the Criminal Code of the Russian Federation). For example, if an unchained dog bites a person, then the question of civil or administrative responsibility the owner of the dog, and not the dog itself, and if there is malicious intent on the part of the owner - about his criminal liability for causing bodily harm. A dog cannot be recognized as a subject of a crime.

Diplomatic representatives and other persons enjoying immunity, if they commit a crime in Russia, bear responsibility in accordance with the rules international law(Part 4 of Article 11 of the Criminal Code of the Russian Federation). However, the immunity of these persons from criminal prosecution does not mean that in the event of their violation of criminal legal norms, they are not subjects of crimes. In this case, there is only an exemption from criminal liability on non-rehabilitative grounds.

Legal entities (enterprises, firms, organizations) are not the subject of a crime and cannot bear criminal liability, the same applies to inanimate objects and animals, since the criminal law connects responsibility with the ability of the person who committed the crime to account for and direct their actions, and only people have this ability. When brought to criminal liability legal entities the goals of punishment (correcting the convicted person and preventing him from committing new crimes) would be unattainable, since criminal penalty designed to influence only people.

To date this problem is debatable. Many authors are inclined to hold legal entities to criminal liability for a number of crimes. These scientists are guided by the principle of expediency. An example of criminal acts for which legal entities can be held criminally liable are: environmental crimes, crimes in the field economic activity, crimes against public safety and crimes against the peace and security of mankind.

1.2. Age of criminal responsibility

The minimum age at which a person can be held criminally responsible has long been a tool criminal policy states. First established by the Military Articles of Peter I (1715) at the age of 7, throughout subsequent history it has constantly changed within wide limits. Thus, in the era of War Communism it was established at 17 years, in the Guidelines on Criminal Law of the RSFSR (1919) - 18 years, in the first Soviet Criminal Code (1922) - 14 years. The resolution of the All-Russian Central Executive Committee and the Council of People's Commissars of the USSR dated April 7, 1935 “On measures to combat juvenile delinquency” established criminal liability for a number of serious crimes. intentional crimes starting from 12 years old. As can be seen, the legislator did not always take into account the medically established correspondence between the level of mental development and the social environment of a minor (primarily nutrition, living conditions

, education). Very important role criminal act you need to know all the smallest nuances that this element of the composition implies.

Subject of a crime - definitions of concept and meaning

The concept of the subject of a crime means an individual who is considered guilty of committing dangerous act endowed by all necessary signs of this element and at the same time has reached the age of punishment.

Only those people who have the ability to understand the nature of the actions being performed, and are also able to manage them, can act as subjects. The ability to control and be aware of the actions performed occurs only in mentally healthy subjects. Defining the concept of the subject of a crime and its characteristics, we can say that the main criteria for this element are age and sanity.

The meaning of the subject is quite varied. Firstly, in the absence of any of the signs of the subject, the crime is excluded. If criminal act was committed by two persons, and one of them had signs common subject, complicity as a qualifying feature can be excluded. Secondly, signs that mitigate or aggravate guilt also relate to the characteristics of the subject of the crime and are taken into account not only when qualifying, but also when assigning punishment. Thirdly, a number of general characteristics of the subject of the crime can determine the possibility of assigning some kind of a certain type punishments.

Age as a sign of the subject of a crime

Any case of committing a criminal act has certain individual features that relate to the characteristics of the subject. Each person has specific character traits that are unique to him. All individual character traits are not able to be reflected in theoretical and legislative norms. Criminal law defines the most typical personality traits of the perpetrator, which are reflected in the characteristics of the subject of the crime.

When defining the concept and characteristics of the subject of a crime, it should be noted that age is the most important condition to bring the perpetrator to justice. The basis for determining the age at which there is a likelihood of liability is the level of human consciousness, as well as its ability to adequately understand what is happening. Minors are not held accountable due to their age, which makes them unable to fully comprehend their actions.

The age characteristics of the subject of the crime distinguish the following age categories:

1. Social (civil).
2. Biological (functional).
3. Chronological (passport).
4. Psychological (mental).

The general age for criminal responsibility begins after reaching 16 years of age. The Criminal Code also provides for certain types of criminal acts (Articles 105, 131, 158, 161, 162 of the Criminal Code of the Russian Federation), for which responsibility begins at the age of 14. Such reduced age limits indicate only one thing: that the danger of the above acts should be more than obvious to the teenager’s understanding.

Age, as a sign of the subject of a crime, plays a very important role in determining punishment, as well as general qualifications crimes. An important point to determine age is considered to be the establishment exact date birth of a person. This issue, as a rule, is resolved either on the basis of the documents presented, or through a medical examination.

Sanity

Mandatory characteristics of the subject of a crime include not only age criteria, but also data on the sanity of the person. Criminal liability can only be imposed on those persons who knowingly committed criminal acts. Responsibility will not be applied to subjects who have committed a crime in a state of insanity; instead, medical measures will be prescribed.

The concept and characteristics of the subject of a crime are based on the criterion of sanity, which implies the state of a person’s psyche at the time of the crime, as well as the ability to recognize and control the nature of his actions.

Expanding the concept of sanity, criminal law uses two evaluation criteria: legal and medical.

Concept and medical criteria of insanity

In order to determine the concept and characteristics of the subject of a crime, expressed in the form of insanity, it is necessary to establish medical criteria for this element.

The list of such criteria includes mental illnesses, which can be divided into 4 categories:

• chronic mental illness;
• short-term mental disorders;
• dementia;
• other diseases.

Chronic mental illnesses consist of recurrent or continuous illnesses that can cause persistent, profound personality changes. This category of diseases includes: schizophrenia, senile psychosis and dementia.

Brief disorders are acute mental illnesses that can be treated. This category includes: alcoholic, symptomatic and reactive psychoses.

Signs of the subject of a crime, expressed in the form of dementia of a person, combine cases of persistent and varied states of decreased intelligence in an individual, especially at the level of criticism and narrowing. This group includes patients with a reduced ability to adapt to society.

The category of other diseases includes cases that in fact are not mental illness, but in which there is one or another mental disorder. For example, mental infantilism (in other words, immaturity), psychopathy.

An important task of a forensic psychiatrist is to establish the correct diagnosis. The diagnosis itself cannot resolve the issue of sanity. Many diseases manifest themselves with a wide variety of symptoms - mild, not harmful to life, and severe, which lead to disability. This range of mental disorders is characteristic of epilepsy, mental retardation, disorders of vascular and traumatic origin.

Sanity is a legal criterion of assessment

Legal criteria for sanity are determined by the court in the process of assessing the identity of the perpetrator. These general characteristics of the subject of a crime determine the personality of the criminal as incapable of realizing the nature of the criminal acts being committed. The judge bases conclusions regarding sanity on the conclusions of a forensic expert. Reflecting all the legally significant elements of the subject’s mental disorders, the legal criterion reduces the entire variety of psychological illnesses of the individual to a single denominator, thereby making the clinical material suitable for further solving the problems legal tasks. In other words, using the legal criterion, the terms forensic psychiatry interpreted in the language of law.

The legal criterion can be characterized by two characteristics:

1. Intelligent.
2. Strong-willed.

Intellectual characteristics of the subject of a crime presuppose the inability of the person to realize the danger of the actions being committed. That is guilty person does not understand that his actions pose a danger to the people around him and public relations, which are protected by legal norms. For example, a patient with schizophrenia associates a respectable citizen with a criminal, mistakenly believing that by killing him, he will prevent the commission of some crime.

A strong-willed sign is the inability to direct one’s actions. It manifests itself if the guilty person is able to realize the danger of the act, but at the same time does not have the opportunity to refrain from committing it. This condition is typical for people who take drugs during abstinence (drug fasting).

In order to declare a criminal insane, the presence of any of the above signs in combination with medical report expert.

Limited Sanity

Based on the concept of the subject of a crime, as well as on the general characteristics that qualify this element, it is necessary to take into account that in some cases the legislation of the Russian Federation provides for liability for persons with mental disorders, not excluding sanity.

Introduction of standards regarding of limited sanity provoked by the existing psychological and penitentiary reality, which manifests itself in the form widespread mental anomalies that limit, but at the same time do not deprive the ability to control their actions. The application of this kind of norms causes numerous discrepancies between judicial and medical assessments.

The legal assessment of limited sanity is expressed in an incomplete awareness of social danger. Availability legal criteria depends only on preliminary assessment mental state faces forensic expert. The medical criterion constitutes intellectual impairment, as well as emotional sphere life activity of a person, which does not allow him to fully realize and control his actions.

A distinctive feature of limited sanity is the ability of a person to be aware of his actions and control them, but at the same time, due to a mental disorder, the impossibility of full mental activity.

Limited sanity is manifested by shallow mental disorders that are not pathological in nature. This type of disorder is characterized by various abnormal behavioral processes, which are expressed by unstable psychophysical reactions (psychopathy and neuroses). Abnormal disorders include conditions that disrupt the balance between the processes of inhibition and excitation. Some of these processes mitigate the criminal's guilt when sentencing court verdict. Also, disorders that do not preclude sanity may be taken into account by the court to prescribe compulsory medical measures.

Special subject

Having defined the concept and characteristics of the subject of the crime, it is necessary to pay attention to the special subject. This element implies a person who, together with the general characteristics of the subject, is characterized by special properties and traits inherent only to him, necessary for the formation of a crime.

The features that characterize a special subject are called optional, since they are not provided for by all elements of the crime. Enshrined in disposition character traits special subject limit the possibility of applying punishment for common features, since liability for such persons arises if the subject has atypical properties.

Signs of a special subject are manifested in the following:

1. Act as structural element, without which there is no composition.
2. They act as a sign that forms a composition with aggravating circumstances.
3. They matter in the individualization of punishment.

Consolidation and classification of signs of a special subject of a crime

The characteristics of this composition element are fixed not only in legislative acts, but also included in the very concept of the subject of the crime. A special subject of a crime has optional features that are provided for in Chapter 30 of the Criminal Code. This section provides for liability for acts committed against:

• civil service and local government;
• state power.

In all other cases, the signs follow from the very content of the article, although they are not directly stated in it. An example is that although it is legally established that this type of crime is committed only by men. In some cases, in order to define the concept of a special subject of a crime, it is necessary to turn to legislative acts of other (related) branches of law.

The characteristics of a subject can be recorded in the law in both negative and positive forms. Thus, the character of officials in the Criminal Code is determined by positive side, and the criteria of Art. 123 (abortion) are expressed in a negative form.

It is worth noting that the characteristics of special entities are classified on the basis of:

• state legal status (foreigners and citizens of the Russian Federation);
• gender;
• marital status (parents or persons in their place);
• military duties (soldier or conscript);
• official position (inquirer, prosecutor, investigator, judge and others);
• professional duties (doctors or other medical workers);
• the nature of the work performed (members of the EC, persons working with secret documents).

Signs of a special subject of a crime included in aggravating circumstances

There are elements of crimes where the characteristics of special subjects act as a basis mitigating the guilt of the offender. In this case, the special subject has characteristics that play an integral role in qualifying the crime.

For example, the corpus delicti where there is a special subject, the signs of which are included in the aggravating circumstances, is fraud (Article 159 of the Criminal Code) or embezzlement and embezzlement (Article 160 of the Criminal Code). Fraud involving the use official position, manifests itself in a wide variety of forms, but at the same time is committed in only two ways: abuse of trust or deception. Thus, typical shape deception is expressed in the fact that the perpetrator deliberately impersonates a person who has the right to receive any property, but in fact he is not such a subject, therefore, the actions taken are unlawful. One more a shining example can serve fake documents, on the basis of which the person planned to take possession material assets belonging to another person.

Conclusion

To summarize, it should be noted that in criminal law the elements of the crime play a very important role. The subject of the crime is presented as a person who committed a criminal act that resulted in public dangerous consequences. The subject of a crime can be general or special; depending on this criterion, the characteristics are determined.

The criteria for assessing a subject are optional and general. Thanks enough detailed description and the characteristics of this element of the crime executive, which conducts the proceedings, is capable of carrying out correct qualifications crime and, accordingly, establish the exact amount of punishment that the subject must bear for the committed act.

The Criminal Code of the Russian Federation does not include the concepts of subject and object of criminal law. Their definitions can be derived based on certain norms of this document. In general, these terms are correctly explained in the theory of criminal law. The most accurate definition seems to be A.I. Chuchaev, which is given in the comments to the codified act. It should be taken into account that the concepts of object and subject are basic for the branch of criminal law, since everything is built on this theory legislative regulation these social relations.

What is the object of criminal law?

In accordance with the definition of A.I. Chuchaev, the object of criminal law is considered to be certain social relations protected by criminal law. The categories of these social relations are named in a special part of the Criminal Code of the Russian Federation, since specific criminal acts in it are grouped precisely by this characteristic. These relationships are infringed upon when committing any actions or inactions that are subject to criminal law. The object of criminal law should not be confused with the subject of assault, since the latter category is much more specific. In addition, it is the object that is one of the necessary elements of any criminal act, its absence indicates the absence of the crime itself.

What is a subject of criminal law?

The concept of a subject of criminal law is also quite simple, since it implies specific person who commits an act punishable by criminal law. In this case, the specified person must be able to bear responsibility for crime committed. Last condition means that the person who committed the crime must reach the age at which responsibility for a specific act begins, and be sane. The absence of any of the two indicated signs makes impossible to recognize a specific citizen is a subject of criminal law. It should be noted that the subject is also mandatory element elements of a criminal act, therefore the absence of this element excludes criminal liability. Precisely due to the characteristics of the subject of this industry, they are not considered illegal actions children, other persons who do not understand the meaning of their own actions.

The concept "" is actively used in many areas public life. IN various sciences it is interpreted differently. But there is also a basic meaning that is similar in all disciplines.

Instructions

In logic subject om is the subject about which we're talking about in judgment. It is either affirmed or refuted. This is one of the fundamental concepts of logic, without which it is impossible to build any conclusion.

IN subject endowed more freedom. By it is meant the one who carries out. This is the person or the entity that knows or thinks. Considering that different philosophical directions related to the ability of people and objects to think or appear, then a specific bearer of qualities subject but within the framework of this science it is impossible to name.

Psychologists to subject they treat it differently. They believe that the self-conscious principle, which seeks to oppose itself to the entire surrounding world, is subject. In addition to the surrounding reality, he also knows himself, his eigenstates, considering them as something alien.

The concept " subject"is used not only in scientific terminology, but also in colloquial speech. Most often in this case it takes on a negative emotional connotation. For example, suspicious subject- This is a person who does not inspire confidence.

Video on the topic

Object is a common word that people use every day, as in Everyday life, and in scientific research. This concept has different meanings depending on the area of ​​use, but there is something in common between them.

Instructions

An object most often means an object or phenomenon to which someone’s attention or activity is directed. Example: object of research or dispute. Typically, an object has material nature and created. It is the same in grammar, where it is a semantic category. . If an object is influenced, then the subject is the one who carries out this influence.

An object is often called a building or other real estate, institutions and enterprises, places where activities are carried out. Example: building object, economic, trade. An investment object is a building in which funds are invested by concluding an agreement with the developer. In everyday life, in everyday life, an object is often called any thing, object.

1. The subject of a crime is a physically sane person who has committed a crime at the age of

which, in accordance with this Code, may

incur criminal liability,

A special subject of a crime is a physically sane person who, at the age at which criminal liability may begin, has committed a crime, the subject of which can only be a certain person.

1. In the theory of criminal law, it is recognized that the subject

crime is the person who committed the crime and

possessing a set of characteristics (properties) specified in the criminal law. To the mandatory features

(properties) characterizing the subject of the crime criminal law relates to age and sanity.

2. The subject of a crime can only be a physically sane person who has reached the established criminal

age law and who has committed a crime under criminal law. The history of criminal legislation is known for cases where things, animals, and birds were recognized as subjects of a crime. So, in Russia in 1593

convicted of state crime church bell, which was rung during the uprising in Uglich.

Today we are talking about a different understanding of crime.

Therefore, the current criminal law contains an indication that the subject of a crime can only be a rational being, that is, a person, since only a person

has consciousness, will and therefore can be responsible for his own

actions.

3. The criminal law applies to citizens of Ukraine, stateless persons residing on the territory of Ukraine, foreigners who do not have diplomatic immunity, that is, on individuals who have committed crimes provided for by criminal law.

Legal entities are not the subject of a crime, since recognizing legal entities as a subject of a crime would contradict the principle of individualization of criminal liability and punishment.

If certain representatives of legal entities have committed crimes, then it is these representatives, and not

legal entities on whose behalf they acted, and

must bear criminal liability.

4. In the doctrine of criminal law, a special subject of a crime is usually understood as a person who has not only those listed in paragraph 1 of this article

mandatory features (properties), but also endowed with additional (special) features that characterize, for example, its legal status(citizen of Ukraine, foreigner); official position; profession, past antisocial activity (criminal record,

recognition as a particularly dangerous recidivist and committing

new crime) and repetition.

The Special Part of the Criminal Law contains sections and norms providing for criminal liability for crimes in the sphere of official activity,

crimes against established order carrying military service, crimes against traffic safety and operation of transport, etc. the subject of which may be persons on whom the state assigns responsibilities, failure to fulfill or dishonest fulfillment of which in some cases may entail

severe consequences.

A necessary element of the crime in Russian criminal law is the subject of the crime, that is, a person capable of bearing criminal liability for an act committed by him intentionally or through negligence, responsibility for which is established by criminal law.

The subject of a crime can be a natural, sane person who has reached the age established by law at which criminal liability begins.

From this definition follow the characteristics of a subject:

1. The subject of a crime is always an individual, and not animals, objects and things, although their actions may cause harm to health or property.
2. A sane person is only a sane person whose mental activity is not impaired and is capable of realizing public danger their actions and direct them.
3. Age – according to Art. 20 of the Criminal Code of the Russian Federation, a person who has reached the age of 16 at the time of committing a crime is subject to criminal liability, and Part 2 of Art. 20 of the Criminal Code of the Russian Federation provides for specific crimes, criminal liability for which begins at the age of 14.

A special subject of a crime in Russian criminal law is a person characterized, in addition to the general ones, also additional signs necessary to form a crime of a certain type.

These signs can be classified as follows:

1. Civil legal status of a person (citizen of the Russian Federation - Article 275 of the Criminal Code of the Russian Federation, foreign citizen or a stateless person - Art. 276 of the Criminal Code of the Russian Federation).
2. To the profession or type of activity of the subject (doctor - Article 124 of the Criminal Code of the Russian Federation, official - Article 285-290 of the Criminal Code of the Russian Federation, judge - Article 305 of the Criminal Code of the Russian Federation, military personnel - Chapter 33 of the Criminal Code of the Russian Federation).
3. To the demographic properties of the subject (man - Article 131 of the Criminal Code of the Russian Federation, - Article 157 Part 1 of the Criminal Code of the Russian Federation, children - Article 157 Part 2 of the Criminal Code of the Russian Federation).
4. To the criminal past of a person (a person who has committed a crime more than once - Article 105, Part 2, paragraph 2 of the Criminal Code of the Russian Federation).

Signs of a special subject are additional, optional characteristics. Like all optional features, they can be: a qualifying feature that forms the corpus delicti of a crime under aggravating circumstances (the appropriation of someone else's property entrusted to the perpetrator is committed using his official position - Article 160, Part II, Clause “c” of the Criminal Code of the Russian Federation). As mitigating or aggravating circumstances (Article 63, Part 1, Clause “m” of the Criminal Code of the Russian Federation provides as an aggravating circumstance for the commission of a crime using the trust placed in the perpetrator by virtue of his official position or).

The Criminal Code of the Russian Federation (Article 20) establishes two age thresholds upon reaching which a person can be brought to justice: general - the person has reached the age of 16 and a special one, which is an exception to the rule - the person has reached the age of 14.

By general rule Criminal liability begins at the age of 16. This rule based on the psychophysiological characteristics of the subject. It is believed that a person's ability to be fully socially aware significant character their behavior (intellectual moment) and accept socially significant decisions(volitional moment) occurs when the subject reaches exactly this age threshold.

As an exception, the law (Part 2 of Article 20 of the Criminal Code of the Russian Federation) establishes exhaustive list crimes for which responsibility begins when a person reaches 14 years of age. These are the most common, as well as severe and especially serious crimes, a public danger, the harmfulness of which is obvious, and can be realized by a person upon reaching exactly this age.

At the same time, the criminal law provides for cases of non-prosecution of persons, although they have reached the age of criminal responsibility, but due to a lag in mental development, not related to a mental disorder, recognized as incapable of fully realizing the actual nature and social danger of their actions (inaction) or managing them (Part 3 of Article 20 of the Criminal Code of the Russian Federation).

For the commission of certain crimes, some norms of the Special Part of the Criminal Code establish a higher threshold of criminal liability - from 18 years of age (for example, military crimes, a number of crimes against justice, involvement of a minor in criminal activity etc.) or from an even higher age limit (for example, the responsibility of judges can only begin from 25 years of age).

In part 3 of Art. 20 of the Criminal Code of the Russian Federation contains a provision that if a minor has reached the age of criminal responsibility, but at the same time has a delay in mental development not associated with a mental disorder, as a result of which he could not fully understand the actual nature and social danger of his act or manage them , he is not subject to criminal liability. The legislator speaks here of “age-related insanity.” It differs from insanity, regulated by Art. 21 of the Criminal Code of the Russian Federation, the absence medical criterion. It is important here that the delay in the psychophysical development of a minor is not associated with his mental disorder or illness, but with age characteristics individual development teenager Mental retardation may occur due to gross mistakes in raising a child, traumatic brain injuries, long-term illnesses, etc.

Signs of “age-related insanity” include the following:

• the person has reached the age of criminal responsibility (14 or 16 years);
• the person is retarded in mental development, since development lags behind the passport age;
• the reasons for the lag are social and clinical and are not related to mental disorders;
• the person at the time of committing a socially dangerous act could not fully understand the actual nature and social danger of his actions (inaction) or control them.

Subject of the Crime: Video