Specific features of the application of compulsory measures of educational influence in relation to minors
Автор: Samdanova Bayarma B., Komarnitskaya Olga S.
Журнал: Вестник Бурятского государственного университета. Юриспруденция @vestnik-bsu-jurisprudence
Статья в выпуске: 3, 2020 года.
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Based on the study of the judicial practice of the Zheleznodorozhny District Court of Ulan-Ude of the Republic of Buryatia, the materials of criminal cases, the article examines the features of the application of compulsory measures of educational influence against minors. In his work, the author, based on the analysis of statistical data, examined in detail the options for applying the above measures in criminal cases in relation to the accused who are minors; disclosed the conditions for the release of minors from criminal liability; pointed out the difficulties arising in resolving the issue of the use of educational measures; identified the main reasons why the application of the above measures is impossible. Analyzing the criteria and conditions for the application of such measures, he comes to the conclusion that coercive measures of educational influence differ from criminal punishment in that they areeducational in nature, do not entail a criminal record and are not considered as punishment; directly or indirectly depend on the category of the crime committed, the age of the minor, the number of acts committed by him, the presence or absence of a criminal record, and their application is possible only if the court recognizes that his correction can be achieved without criminal punishment.
Accused minors, peculiarities of using compulsory measures of educational influence, termination of criminal prosecution, release of a minor from criminal liability and punishment
Короткий адрес: https://sciup.org/148316992
IDR: 148316992 | DOI: 10.18101/2658-4409-2020-3-48-53