Article 78. Criminal Liability of Juveniles

1. Juveniles, to whom the provisions of this Section apply, shall be considered as persons who, by the time of the commission of a given crime, reached fourteen years of age, but did not reach eighteen years of age.

2. Juveniles having committed crimes may be convicted and sentenced to punishment, or compulsory measures of educational character may be applied to them.

Article 79. Types of Punishment Sentenced upon Juveniles

1. Types of punishment sentenced upon juveniles shall be as follows:

a) a fine;

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

c) engagement in public works:

d) correctional labour;

d-1) restriction of freedom;

e) detention under arrest;

f) deprivation of freedom.

2. A fine shall be imposed only on the condition that a given juvenile convict has independent salary or property against which a claim may be brought. A fine shall be imposed in an amount from ten to five hundred monthly assessment indices, or in an amount of wages or another income of a given juvenile for a period from two weeks up to six months.

3. Deprivation of the right to engage in certain type of activity shall be imposed upon juveniles for a period from one year up to two years.

4. Engagement in public works shall be sentenced for a period from forty up to one hundred and sixty hours, and it shall consist in the performance of work which is within powers of a given juvenile, and it shall be performed by him during the time free from study or the main job. Duration of this type of punishment for persons under sixteen years of age may not exceed two hours a day, and with regard to persons from sixteen to eighteen years of age, not more than three hours a week.

5. Correctional labour shall be upon a juvenile convict who reached sixteen years of age by the moment of passing a judgment by a court, for a period of up to one year.

5-1. Restriction of freedom shall be prescribed to juveniles for a period from one year to two years.

6. Detention under arrest shall be upon juvenile convicts who reached sixteen years of age by the moment of passing a judgment by a court, for a period from one month up to four months.

7. Deprivation of freedom to a juvenile may be prescribed for a period not more than ten years and for a murder under aggravating circumstances or based on a combination of crimes, where one is a murder with aggravating circumstances, twelve years. The persons who for the first time committed crimes of lesser gravity in the age of fourteen to eighteen years and of medium gravity in the age of fourteen to sixteen years, deprivation of freedom shall not be prescribed.

8. Deprivation of freedom shall be served by juvenile convicts as follows:

a) by male juveniles, convicted for the first time and sentenced to deprivation of freedom, as well as by female juveniles, in educational settlements of a general regime;

b) by male juveniles who earlier served deprivation of freedom, in educational settlements of a reinforced regime.

9. Depending on the character and degree of a danger to society, personality of a given convict, and other circumstances of a given case, a court, with an indication of reasons for an adopted judgment, may sentence a juvenile convict of the male sex to the endurance of deprivation of freedom in an educational colony of a general regime.

10. A court may issue an instruction to the body which executes punishment, when dealing with a given juvenile convict, to take into account certain characteristics of his personality.

Article 80. Sentencing Punishment upon a Juvenile

1. When sentencing punishment upon a juvenile, aside from circumstances stipulated in Article 52 of the present Code, the conditions of his life and education shall be taken into consideration, along with the level of his mental development, and other special characteristics of his personality, as well as influence upon him of persons older than him.

2. Juvenile age as a mitigating circumstance shall be taken into consideration together with other mitigating and aggravating circumstances.

Article 81. Exemption of Juveniles from Punishment

A juvenile, who was convicted for the first time for the commission of a crime of lesser or medium gravity, may be exempt by a court from punishment, if it is recognised that his correction may be achieved by way of the use of compulsory measures of influence through education stipulated by Article 82 of the present Code.

Article 81. Release of Minors from a Criminal Responsibility and a Punishment

1. A minor convicted a crime of the small degree or committed for the first time a crime of the middle degree may be released by the court from the criminal responsibility if it is established that his correction is possible without making answerable under the criminal responsibility. In this case he may be applied compulsory measures of educational influence stipulated by Article 82 of this Code.

2. A minor for the first time convicted for the commission of a crime of the small or middle degree may be released by the court from the punishment if its is recognised that his correction can be achieved by application of compulsory measures of educational influence stipulated by Article 82 of this Code.

Date: 2014-12-21; view: 865