Reaching the legal age is one of the general conditions for bringing a person to criminal responsibility, which is provided for by the Criminal Code of Ukraine.
The age of criminal responsibility is the number of years determined by the criminal law (calendar period of a person’s psychophysiological state), upon reaching which a person is considered to be subject to criminal responsibility and punishment.
As a general rule, persons who have reached the age of 16 before committing a criminal offense are subject to criminal liability .
LOWERED AGE OF CRIMINAL RESPONSIBILITY
The legislator also provided for a lower age of criminal responsibility for an exhaustive list of intentional criminal offenses, the responsibility for which occurs from the age of 14 , in particular for:
- deliberate murder ( Articles 115-117 );
- intentional grievous bodily harm ( Article 121 , part three of Articles 345 , 346 , 350 , 377 , 398 );
- cruelty to animals ( Article 299 );
- intentional bodily injury of moderate severity ( Article 122 , part two of Articles 345 , 346 , 350 , 377 , 398 );
- sabotage ( Article 113 );
- banditry ( Article 257 );
- terrorist act ( Article 258 );
- taking hostages ( Articles 147 and 349 );
- rape ( Article 152 );
- sexual violence ( Article 153 );
- theft ( Article 185 , part one of Articles 262 , 308 );
- robbery ( Articles 186 , 262 , 308 );
- robbery ( Article 187 , part three of Articles 262 , 308 );
- extortion ( Articles 189 , 262 , 308 );
- intentional destruction or damage to property ( part two of Articles 194 , 347 , 352 , 378 , parts two and three of Article 399 );
- damage to roads and vehicles ( Article 277 );
- hijacking or seizure of railway rolling stock, air, sea or river vessel ( Article 278 );
- illegal possession of a vehicle (parts two and three of Article 289),
- hooliganism ( Article 296 );
- encroachment on the life of a state or public figure, an employee of a law enforcement agency, a member of a public formation for the protection of public order and the state border or a military officer, judge, people’s assessor or juror in connection with their activities related to the administration of justice, a defender or a representative of a person in connection with activities related to the provision of legal assistance of a representative of a foreign state (Articles 112, 348 , 379 , 400 , 443 ).
Subjects of certain crimes (most war crimes, involving a minor in criminal activity, etc.) can only be persons who have reached the age of 18.
Since the age from which criminal liability may arise has legal significance, pre-trial investigation bodies and courts must take measures to establish the age of a minor – the date of his birth.
The Criminal Code of Ukraine also contains a separate section dedicated to the specifics of criminal responsibility and punishment of minors, the norms of which should contribute to taking into account the age, socio-psychological, psychophysical and other features of the development of minors who have committed a criminal offense.
Chapter XV of the Criminal Code of Ukraine provides for special, more humane conditions of criminal liability and punishment of minors who have committed a criminal offense.
Participation of a lawyer in criminal proceedings against a person under the age of 18 is mandatory on the basis of the law.
Our lawyers have many years of experience in protecting the interests of clients in criminal proceedings and are ready to provide a full range of legal services – from consultation to support and representation of a minor at all stages of the case.