Some cases of legal assessment of harm infliction during detention of a person committed socially dangerous offense

The author considers a problem of a criminal and legal assessment of the persons’ actions who are doing harm during detention having committed socially dangerous acts and who are not the subjects of a crime because they are under age of criminal discretion and legal insanity. The offer into the Art. 38 of the Criminal Code of the Russian Federation is to replace the words "the person who committed a crime" with «the person who committed socially dangerous offense», thereby to extend the cases of detention not only to the persons who are subjects of a crime but also legally insane, or the persons who are under age of criminal discretion.