Presence of an underage at the performance of a violent or other crime

Introduction: the author considers gaps in criminal defense of a minor who has witnessed the commission of violent, acquisitive, sexual or other crime and makes proposals to eliminate them. Materials and Methods: the study was based on the dialectical materialistic method of cognition of the patterns of objective phenomena and processes of reality that take place in criminal protection of the interests of a minor. In addition, general scientific and particular scientific methods were used in the work, such as analysis, synthesis, comparison, logical method and the study of documents - material of judicial practice. Results: the author showes the danger of the fact of the presence of minor during a crime to the individual and society due to the receiving a living example of violent and other dangerous criminal behavior; defined criminal activity presence at which requires criminal response. Using current societal development the author specified the age of the witness in need of additional criminal security. The author analyses possibilities of the Criminal Code of the Russian Federation on the solution of the problem in question using the logics and structure of the law laid down by the legislator. Discussion and Conclusions: the author concludes that there is the need to supplement the circumstances aggravating punishment with a new feature and determine its place in the structure of the relevant criminal law norm.