Criminal proceedings against minors – what to do?

In the last decade, the number of crimes among minors has increased. That is why the question often arises: what to do in the event of criminal proceedings against minors. What to do if minors are accused of committing a crime? First of all, contact the lawyers of "PRIKHODKO & PARTNERS".

Criminal liability of minors

A minor is a child, a minor between the ages of 14 and 18.

According to modern Ukrainian legislation, criminal responsibility for teenagers begins at the age of 16. However, there is an exception to this rule. Minors from the age of 14 are punished for certain crimes.

Among the serious crimes committed by minors (criminal responsibility begins at the age of 14):

1. Intentional actions that resulted in serious bodily injury.
2. Premeditated murder.
3. Intentional damage/destruction of property.
4. Looting.
5. Rape.
6. Hooliganism.
7. Gangsterism.
8. Committing terrorist attacks.

The presented list of serious crimes committed by minors is not exhaustive. The prosecuting party chooses the measure of punishment in each specific case, based on the gravity of the crime committed.

Criminal proceedings against a minor are carried out by an investigator, prosecutor, investigator, judge and others in accordance with Chapter 38 of the Criminal Procedure Code of Ukraine.

All persons involved in the case against a minor must take into account the psychological and age characteristics of the accused. The court makes the final decision!

If minors are found guilty of committing a crime, the court can apply the following types of punishments:

• Public works.
• Fine.
• Corrective works.
• Arrest.
• Imprisonment.

A ban on certain types of activities may also apply. In relation to minors, special conditions of both criminal responsibility and punishment are provided (compared to adult criminals).

First, minors can be exempted from criminal responsibility (the only limitation is the use of coercive measures of an educational nature). Secondly, the terms of the prescribed punishments have been limited and their types have been reduced. Third, more lenient conditions (requirements) may apply for exemption from criminal punishment.

Protection of the rights of minors in criminal proceedings

According to Article 45 of the Criminal Procedure Code of Ukraine, a lawyer acts as a defense attorney for a minor. The lawyer defends the accused, the suspect, the convicted person, the person against whom coercive measures of an educational or medical nature were applied.

Protection of the rights of minors in the framework of criminal proceedings is one of the activities of "PRIKHODKO & PARTNERS" lawyers. In order to protect minors, it is necessary to conclude an agreement with the specialists of our legal company. Persons acting in the interests of a minor (parents, guardians, custodians and other persons) can conclude such an agreement.

You can make an appointment for a consultation by calling one of the contact numbers listed on our website, or leave a request to calculate the cost of a lawyer's assistance in criminal proceedings against minors!