Age of perpetrator in penalty determination

Introduction: the article examines elderly age of subject of crime and the impact of elderly age on the individualization of punishment. Materials and Methods: analytical, formal-logical, comparative-legal methods, a method of generalization of judicial practice were used in the course of the work on the article. Results: the study of judicial practice showed that the age of persons of the older age group is usually recognized as a circumstance mitigating punishment. At the same time, the courts identify this age pre-retirement, old and elderly. This situation is due to the fact that Russian criminal legislation does not set age limits for this group of citizens. Discussion and Conclusions: taking into account the abovementioned and in order to further improve the regulation of the Criminal Code of Russia the circumstances mitigating punishment, the author considers it necessary to supplement the list of part 1 of Article 61 of the Criminal Code of Russia with a new circumstance "Commission of a crime by an elderly person".