Age characteristics of the crime victim: some issues of criminal law regulations and interpretations

Abstract

It is stated that in certain norms of the Special Part of the Criminal Code of the Russian Federation, the minor and (or) the minor victim age has criminal legal significance. This attribute, by its legal significance, is either mandatory or affects the deed qualification within the relevant article of the Special Part of the Criminal Code of the Russian Federation. It is revealed that the design features of some norms predetermine the need to consider the victim age in conjunction with his other properties. The article examines the features of the criminal law regulation and interpretation of this feature in relation to crimes against life and health, as well as crimes that infringe on the interests of the family and minors. It is established that along with the victim age, in certain articles of Chapter 16 of the Criminal Code of the Russian Federation, it is necessary to identify his helplessness, which is due to the construction peculiarities of the relevant criminal law norms. In Article 151.2 of the Criminal Code of the Russian Federation, in addition to the age criterion, it is necessary to determine the mental attitude of a minor to the actions he commits and their consequences. The conclusion is made relative to the fact that a prerequisite for criminal liability is not only the victim ability to understand the actual nature and significance of the actions in which he is involved, but also an actively negative attitude to possible consequences. Criteria for distinguishing related norms of the Criminal Code of the Russian Federationhave been developed, considering the properties of the composition analyzed feature.