Art. 88 of the Criminal Code: comments

It is often enough that crimes are committed by minors. Legislation distinguishes between the measures of responsibility for these individuals, depending on the severity of the act and other factors. The basic rule regulating the sanctions against minors under the Criminal Code of the Russian Federation is Article 88.

Types of punishment

The first part of the above-mentioned norm provides for a list of sanctions that can be applied to minors. Art. допускает вменять: 88 part 1 of the Criminal Code allows:

1. Fine.
2. Prohibition of any activity.
3. Corrective or compulsory work.
4. Restriction or imprisonment.

Cash collection

According to Art. , штраф может вменяться и в случае наличия у виновного самостоятельного заработка либо личного имущества, и в их отсутствие. 88 ч. 2 of the Criminal Code of the Russian Federation , the penalty can be imputed also in case of presence at guilty of independent earnings or personal property, and in their absence. In this case, material values should not fall into the list of items for which the foreclosure is not allowed. A fine can be imputed to parents or legal representatives by a court decision and with the consent of these persons. The amount of recovery can not be less than 1 thousand rubles. And more than 50 000 rubles. Or make up the amount of income guilty in less than 2 weeks. And more than six months.

Compulsory / Corrective Work

They are referred to in part three of Art. . 88 of the Criminal Code . According to the norm, compulsory work is allowed to be set for 40-160 hours, and correctional ones - not more than 1 year. In this case, the minor is involved in studies that are feasible for him. Compulsory work is performed in his spare time from the main professional activity or study. The length of serving a sentence for persons under the age of 15 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 the fifth and sixth centuries. . 88 of the Criminal Code . Restriction of freedom is allowed for a period of two months. Up to two years. According to Part 6 of Art. , тюремное заключение может вменяться субъектам с 16 лет. 88 of the Criminal Code of the Russian Federation , imprisonment may be imposed on subjects from the age of 16. In this case, its duration can not be more than 6 years. Juveniles who committed acts of special gravity, as well as other persons aged 16-18 years, may be sentenced for a period not exceeding nine years. Serving is carried out in educational colonies. In h . 6 tbsp. устанавливаются и исключения. 88 of the Criminal Code of the Russian Federation , exceptions are established. Deprivation of liberty can not be imputed to juvenile convicts who committed acts of moderate or minor gravity for the first time under the age of 16 years, and to other persons under the age of 18 who are held accountable for a crime of minor gravity for the first time.

Additionally

If a convicted minor who is serving a conditional sentence during a trial period committed a new act that does not qualify as particularly serious, the court, taking into account the circumstances of the case and the individual characteristics of the subject, may re-decide on conditional punishment. At the same time, a new control period is established. The court imposes on the convicted person the fulfillment of certain duties established in part five of Article 73 of the Criminal Code. In addition, the authority has the right to send to the institution that carries out the execution of the sanction an instruction to take into account certain characteristics of the minor's personality when dealing with him.

Art. 88 of the Criminal Code with comments

In the legal literature, special attention is paid to the softest sanction - fine. It can be imputed as a basic or additional punishment. At the same time, in making the decision, the court must take into account that the law provides categories of property for which the recovery is not applied. This is, in particular, the personal belongings of the subject (clothes, shoes, etc.), items that he uses to carry out his professional activities, money resources necessary for existence, and so on. As it is said in art. , штраф может вменяться законным представителям или родителям несовершеннолетнего, если они согласны на это. 88 of the Criminal Code of the Russian Federation , a fine may be imputed to legal representatives or parents of a minor if they agree to do so. The transfer of foreclosure can be carried out before or after the commencement of the sentence. In the latter case, representatives or parents must write a petition. The court, in turn, is obliged to make sure of voluntariness of will expression, and also solvency of the specified persons. In addition, it is necessary to take into account the consequences of non-execution of the decision on payment of the monetary penalty. If the parents (representatives) evade payment of the fine, the writ of execution is sent to the FSSP. Collection in this case is carried out in the general order.

Involvement in forced labor

Mandatory work is imputed to a minor taking into account the physical condition. Attraction to them is carried out exclusively in their spare time from basic employment (study or professional activity). The types of work, as well as the facilities on which they will be executed by the convict, are determined by the territorial structures of power. Their decisions these authorities must agree with the criminal executive inspection. Art. 88 of the Criminal Code limits the duration of work. The length of employment depends on age. In this regard, the court, when deciding, must take this factor into account. In case of malicious evasion of a minor from work, they can be replaced by a more severe punishment. This can be an arrest or imprisonment. When replacing the sanction, the court takes into account the recalculation criteria established in Article 49 of the Criminal Code (part 3). The appointment of correctional labor is carried out, according to the requirements of Art. 50 of the Code. Legislation establishes the only restriction for imposition of this punishment - its term should not exceed a year.

Strict Sanctions

These include deprivation and restriction of freedom. The latter is imputed, according to the rules of Article 53 of the Criminal Code. In this case, the law sets a number of rules. Restriction of freedom of the court can appoint, regardless of the type of crime that the person has 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 permitted under any circumstances to sentence a minor to imprisonment if he has committed a minor offense for the first time. A similar prohibition is established for moderate-sized deeds of subjects who have not reached 16 liters.

Time Limit

Regardless of the punishment provided for by the norm of the Special Part and the age of the subject as of the date of sentencing, the deprivation of liberty should not exceed:

1. 6 years - for minors who committed an offense up to 16 years. Crime in this case should be small or medium-heavy.
2. 10 years - for minors who committed acts of special gravity in the age of up to 16 liters.
3. 10 years - for persons 16-18 liters. In this case, the category of crime does not matter.

The lower limit of the sanction in the form of imprisonment provided for in the provisions of the Special Part of the Code for Serious or Extremely Serious Acts should be reduced by half.

Conclusion

According to part 7 of the rule in question, the court has the right to send to the body executing the punishment the obligatory instruction for him about the need to take into account certain individual characteristics of the minor when dealing with him. The relevant specific features are established in the process of the proceedings in the case. In some cases, medication can be performed. Any punishment is, first of all, educational. However, in a number of 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 traits of convicts. This is especially true when the perpetrators are punished with strict penalties, in particular, imprisonment. Legislation prescribes the sending of persons sentenced to deprivation of liberty to educational colony. The management of these institutions is responsible for every prisoner and is obliged to comply with mandatory instructions sent by the court.