Criminal responsibility of minors.
Minors are people under 18. A minor in age from 16 is the subject of criminal responsibility. People, who committed crime in age from 14 to 16 are subjects of criminal responsibility for the most dangerous crimes. They are: attempt to life of a statesman, a worker of law enforcement authorities, a representative of a foreign state, intentional homicide, grievous bodily injury, sabotage, banditry, androlepsy, an act of terrorism, a theft offence, robbery, illegal possession of a transport etc.
There are such criminal punishments for minors:
1) penalty (fine);
2) public works;
3) correctional works;
4) arrest;
5) imprisonment for a definite period.
There is imprisonment for a minor for a term not more than 10 years, and for especially grave crimes not more than 15 years. There is no life imprisonment for minors.
If a minor committed a not grave crime or a middle grave crime he or she can be released from punishment in a decision of a court. But it must be proved that there is no need to punish this minor because of sincere repentance and further irreproachable behavior of the person in the moment of the verdict. In this case the court chooses the forced measures of education character to the minor. They are:
1) warning;
2) limitation of leisure and establishment of the special requirements to the minor’s behavior;
3) transmission the minor under a supervision of parents or people that replace them, or under the supervision of pedagogical or labour collective after the consent, and also separate citizens on their request;
4) laying on the minor, who attained 15 and has property, money or earnings, the duty of reimbursement the property damage;
5) possibility to put the minor to the special correctional educational establishment for children and teenagers, but on term not more than 3 years.
Amnesty and legislative pardon (legislative clemency).
Amnesty is a humane act, which releases fully or partly from punishment a category of people. The Verkhovna Rada of Ukraine gives amnesty.
As usual, in accordance with the Law of Ukraine “On application of amnesty in Ukraine” amnesty can not be applied to the especially dangerous recidivists and people convicted for especially grave crimes.
Legislative pardon (legislative clemency) is used only personally to a convict person on his or her request.
In accordance with the Constitution of Ukraine legislative pardon (legislative clemency) is carried out by the President of Ukraine.
In accordance with the article 87 of the Criminal code of Ukraine the act about legislative pardon (legislative clemency) can replace punishment, which was appointed by a court from the type of life imprisonment to imprisonment for a period not less than 25 years.
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