The Criminal Code Of The Russian FederationAdopted by the State Duma on May 24, 1996
Adopted by the Federation Council on June 5, 1996
Federal Law No. 64-FZ of June 13, 1996 on the Enforcement of the Criminal
Code of the Russian Federation
Chapter 14. Specifics of the Criminal Responsibility and Punishment of Juveniles
Article 87. The Criminal Responsibility of Juveniles
1. Juveniles shall be recognized to mean persons who have attained the age between 14 and 18 years by the time of the commission of a crime.
2. Either punishment or coercive measures of educational influence may be applied to juveniles who have committed crimes.
Article 88. Penalties Inflicted on Juveniles
1. The penalties inflicted on juveniles are as follows:
b) deprivation of the right to engage in specified activities;
c) compulsory works;
d) corrective labour;
f) deprivation of liberty for a definite term.
2. A fine shall be inflicted only if the convicted juvenile has his own earnings or property on which recovery may be levied. A fine shall be imposed in the amount of 10 to 500 minimum wages, or in the amount of the wages or salary, or any other income of the minor convicted, for a period from two weeks to six months.
3. Compulsory works shall be inflicted for a term of from 40 to 160 hours, and shall consist in the performance of works within the powers of the minor, and shall be executed by him during the time free from his studies or job. The length of the execution of this penalty for persons aged below 15 years may not exceed two hours a day, and for persons aged between 15 and 16 years may not exceed three hours a day.
4. Corrective labour shall be inflicted on a minor sentenced for a term of up to one year.
5. Arrest shall be imposed on convicted juveniles who have attained 16 years of age by the time of adjudication, for a term of up to four months.
6. Deprivation of freedom shall be ruled to the underaged convicts for a term of no longer than ten years and shall be served in educational colonies.
by male juveniles sentenced for the first time to deprivation of liberty, and also by female juveniles sentenced for the first time to deprivation of liberty - in educational colonies with a general regime;
by male juveniles who have earlier served deprivation of liberty - in educational colonies with a severe regime.
7. The court may issue an instruction to the body executing punishment concerning certain distinctive features of the convicted juvenile.
Article 89. Imposition of Punishment on a Juvenile
1. In imposing punishment on a juvenile, the court of law shall take into consideration, apart from the circumstances stipulated by Article 60 of this Code, the conditions of his life and education, the level of his mental development, and other distinctive features of the person, and also the influence of older people on him.
2. As a mitigating circumstance, the juvenile's age shall be taken account of in totality with other mitigating or aggravating circumstances.
Article 90. The Application of Compulsory Measures of Educational Influence
1. A juvenile who has committed a crime of small or average gravity for the first time may be relieved from criminal responsibility if it is found that his reformation can be achieved by applying compulsory measures of educational influence.
2. The following compulsory measures of educational influence may be imposed on a juvenile:
b) transfer to the surveillance of parents or persons acting in loco parentis, or any specialized state agency;
c) the duty of redressing the damage caused;
d) restriction of leisure and establishment of special requirements for the behaviour of the minor.
3. Several compulsory measures of educational influence may be imposed on a juvenile simultaneously. The length of the period of applying compulsory measures of educational influence, provided for by Items (b) and (d) of the second part of this Article, shall be fixed by the body that imposes these measures.
4. In case of the systematic non-execution by a juvenile of a compulsory measure of educational influence, this measure shall be revoked on the proposal of a specialized state body, the and requisite materials shall be sent for bringing the juvenile to criminal responsibility.
Article 91. The Content of Compulsory Measures of Educational Influence
1. A warning consists of the explanation to a juvenile of the harm inflicted by his action, and of the consequences of the repeated commission of offences, as provided for by this Code.
2. The transfer to surveillance consists of the placement of the duty of educating a minor and of control over his behaviour on the parents or persons acting in loco parentis, or on a specialized state body;
3. The duty of redressing the damage caused shall be imposed with account for the minor's property status and appropriate labour skills.
4. The restriction of leisure and the establishment of special requirements for the minor's behaviour may provide for a ban on visits to certain places, on the use of some forms of leisure, including those relating to the driving of an automobile, on the limitation of stay outside his home after a fixed hour of the day, or the departure for other localities without the permission of a specialized state body. A minor may be required to return to his educational establishment or to find employment with the aid of a specialized state body. This list of measures is not exhaustive.
Article 92. Release of a Minor from Punishment
1. A minor convicted for the commission of a crime of small or average gravity may be released by a court of law from punishment or the use compulsory measures of educational influence, as stipulated by the second part of Article 90 of this Code.
2. A minor sentenced for the commission of a crime of average gravity may be released by a court of law from punishment, if it finds that the purposes of punishment can be achieved by placing him in a special educational or medical-educational establishment for juveniles. The period of stay in said establishment may not exceed the maximum term of punishment envisaged by this Code for the crime perpetrated by the minor.
3. The stay in said establishment may be terminated before the expiry of the period of time envisaged by the second part of this Article, if in the opinion of the specialized state body providing for reformation the minor does not need any further application of this measure for his reformation. The stay in a special educational or medical-educational establishment for juveniles after the expiry of the time stipulated by the second part of this Article may be prolonged only in case of the need for the completion of general educational or professional training.
Article 93. Conventional Pre-Schedule Relief from Serving the Punishment
Conventional pre-schedule relief from serving the punishment may be applied to the persons who committed a crime when underaged and who were sentenced to reformative labour or to the deprivation of freedom, after they have actually served the term:
a) not less than one third of the term of punishment imposed by the court of law for a crime of small or average gravity;
b) not less than half of the term of punishment imposed for a grave crime;
c) not less than two-thirds of the term of punishment imposed for an especially grave crime.
Article 94. Limitation Periods
The limitation periods stipulated by Article 78 and 83 of this Code shall be reduced by half in case of release of minors from criminal responsibility or punishment.
Article 95. Terms of Expunging Criminal Records
For persons who committed crimes before the attainment of 18 years of age, the terms of expunging criminal records, stipulated by the third part of the Article 86 of this Code, shall be reduced and be equal accordingly to:
a) one year after the completion of deprivation of liberty, for a crime of small or average gravity;
b) three years after the completion of deprivation of liberty, for a grave or especially grave crime.
Article 96. The Application of the Provisions of This Chapter to Persons from 18 to 20 Years of Age
In exceptional cases, with account of the nature of the committed deed and the person, the court of law may apply the provisions of this Chapter to persons who have committed crimes at the age of 18 to 20 years, except for their placement in a special educational or medical-educational establishment for juveniles, or an educational colony.
Copyright © 2000 Open LLC