Aging Offenders from the Standpoint of Criminal Law

Abstract

Introduction. In recent decades, a steady increase in the population of elderly people and a decrease in minors and youth have been reported all over the world. These processes present certain problems, including for the criminal justice system. Most crimes are still committed by persons under the age of 30. However, a demographic shift towards the elderly, particularly, in response to social problems senior citizens are increasingly faced with, may mean that we should expect increased crime on the part of persons aged 50 and older. Although the said processes seem obvious, little attention is still given to the problems of age-related crime. There is not enough data on the extent of crimes committed by the elderly. Theoretical Basis. Methods. In terms of methodology, the study was based on general scientific methods (analysis and synthesis, induction and deduction, a system analysis method) and methods of legal science (methods of comparative law, methods of literal, systematic and historical interpretation of legal norms). The theoretical basis of the work was the scientific works of Russian and foreign experts in the field of criminal law, criminology, psychology, gerontology. Results. Analysis of legislation and scientific literature indicates that no single concept of old age has yet been developed. The criminal law has not provided for a single age limit for several types of criminal liability. At the same time, some scientists suggest that a threshold for age-related liability should be established, elderly age considered a circumstance that mitigates and even exempts from criminal liability, and that a sentence of imprisonment should not be imposed on persons aged 80 and older, etc. Discussion and Conclusion. Analysis the regulatory legal acts of the Russian Federation and judicial practice, existing theoretical provisions has led to the conclusion that the legislator should define the “elderly” age, and first of all, proceed from the principle of the equality of all before the law and the presumption of sanity when determining the criminal legal meaning of the age of a person who committed a crime.