Article 15. The Age from Which Criminal Liability Arises

1. A person shall be subject to criminal liability who reached sixteen years of age by the time of the commission of a given crime.

2. Persons, who reached fourteen years of age by the time of the commission of a crime, shall be subject to criminal liability for murder (Article 96), deliberate causation of serious damage to health (Article 103), deliberate causation of medium gravity damage to health under aggravated circumstances (Article 104, the second part), rape (Article 120), forcible acts of a sexual character (Article 121), kidnapping (Article 125), theft (Article 175), robbery (Article 178), brigandage (Article 179), extortion (Article 181), illegal occupation of an automobile or other transport vehicle without the purpose of theft under aggravated circumstances (Article 185, the second, third, and fourth parts), deliberate destruction or damage to property under aggravating circumstances (Article 187, the second and third parts), terrorism (Article 233), capture of a hostage (Article 234), deliberately false notice of an act of terrorism (Article 242), theft or extortion of arms, ammunition, explosive materials, and explosion devices (Article 255), hooliganism under aggravating circumstances (Article 257, the second and third parts), vandalism (Article 258), theft or extortion of drugs or psychotropic substances (Article 260), desecration of the bodies of the deceased and places of burial under aggravated circumstances (Article 275, the second part), and deliberate spoilage of transport vehicles or communications ways (Article 299).

3. If a minor reached the age stipulated in the first and second parts of this Article, but during the commission of a lesser or medium gravity crime, due to lagging behind in psychical development which is not associated with a mental disorder, could not be fully aware of the actual character or public danger of his acts (omission of acts), or could not guide them, then he shall not be subject to criminal liability.

Article 16. Insanity

1. A person shall not be subject to criminal liability who, during the commission of a publicly dangerous act stipulated by the present Code, was in a state of insanity, that is could not be aware of the actual character and public danger of his acts (failure to act), or guide them, as a consequence of a chronic mental disease, temporary psychic disorder, feeblemindedness, or other morbid state of mind.

2. With regard to a person who was recognised as insane, a court may apply compulsory measures of a medical character stipulated by the present Code.

Article 17. Criminal Liability of Persons with a Mental Disorder Which Does Not Exclude Sanity

1. A sane person who, during the commission of a crime, due to a mental disorder, could not fully be aware of the actual character and public danger of his acts (omission of acts) or guide them, shall be subject to criminal liability.

2. A mental disorder which does not exclude sanity shall be taken into consideration by a court when appointing punishment, and may serve as a basis for the appointment of compulsory measures of a medical character stipulated by the present Code.

Article 18. Criminal Liability of Persons Having Committed a Crime in a State of Alcoholic Inebriation

A person who committed a crime in a state of inebriation caused by the consumption of alcohol or other intoxicating substances, shall not be exempt from criminal liability.

Date: 2014-12-21; view: 840