FEATURES OF JUVENILE CRIMINAL PROCEEDINGS

Based on the analysis of criminal cases, the article considers the features of the trial of criminal cases against minors. The authors note that the proceedings in this category of cases are among the complicated procedural forms, due to the presence of additional guarantees to protect the rights and legitimate interests of minor accused. An analysis of the norms of the criminal procedure law made it possible to single out the following features of the proceedings in the category of criminal cases under consideration: 1) the criminal prosecution of a minor can only be started when he reaches the age at which, in accordance with Art. 20 of the Criminal Code, criminal liability ensues, and also provided that he does not have a lag in mental development that is not associated with a mental disorder, as a result of which he could not fully recognize the actual nature and social danger of his actions (inaction) and manage them at the moment commission of an act prohibited by criminal law; 2) the subject of proof has been significantly expanded; 3) additional participants (advocate, legal representative of the minor, teacher, psychologist) are involved in the criminal proceedings in order to protect the rights and legitimate interests of the minor; 4) the existence of additional grounds and conditions for the application to a minor of coercive measures related to the restriction of freedom; 5) the specifics of criminal proceedings due to observance of the rules of confidentiality, which implies a closed court session and the inadmissibility of the disclosure of information about the child by the authorities or the media; 6) expanding the range of issues resolved by the court when deciding a sentence, through a mandatory discussion of the possibility of releasing a minor defendant from punishment, or conditional conviction, or imposing a sentence not related to deprivation of liberty, as well as replacing a criminal sentence with a special measure of influence — placement in a specialized closed educational institution or the application of other educational measures.

criminal proceedings, judicial proceedings, minors, international standards of justice, protection of rights and legitimate interests, defendant, confidentiality, closed proceedings, judicial fines, compulsory educational measures.

Kartashov I. I., Kamyshnikova M. A. Features of juvenile criminal proceedings. Business. Education. Law, 2020, no. 3, pp. 337–341. DOI: 10.25683/VOLBI.2020.52.318.