Psychological and Criminal-Legal Periodization of Minor Age
Keywords:
criminal liability, age periods, juvenile age, youth age, mitigating circumstances, justice
Abstract
The article analyzes the psychological principles of periodization of the age limits of minority in the criminal law. The comparison approach determine the age limits of minority in the criminal law of Ukraine and other countries. It reveals the psychological content of age-appropriate development of legal consciousness of a minor. To understand the approaches to the interpretation of age-committed criminal responsibility comparison of domestic criminal law with international standards. Based on comparative analysis of criminal laws of the countries we have identified certain patterns of criminal responsibility age limits: 1) In certain criminal laws determined only by single age limit to which the criminal responsibility is attained by age insanity, and after the occurrence of which the person is fully responsible. 2) The second group of criminal laws defined a corridor between the two age limits below which a person is not responsible, and above – is fully responsible. In the same age gap between these outside person can be prosecuted only for crimes that carry a significant danger to society. 3) The third group of foreign laws also singled out the category of «Youth Age», which can also serve mitigation, and full criminal liability arises after that age. In criminal laws that include separation of the lower and upper limits of juvenile age we have identified the following trends: 1) in the middle of the lower and upper intermediate age interval allocated link when criminal responsibility for serious crimes; 2) in some legislations there is a list of serious crimes for which a minor can be prosecuted; 3) in some laws regulated the procedure mitigating the punishment of a minor. Based on the analysis of criminal laws in the world compared with psychological approaches graduation adolescence, it should be noted that throughout the world recognize the need for criminal penalties of a minor if he commits a serious socially dangerous act, especially that threatens higher values such as life of citizens. Almost always the sanction of criminal law on juvenile involves coercive educational measures aimed at restoring educational influence.Downloads
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Issue
Section
Theoretical and methodological issues of legal psychology
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