Abstract

The article attempts at determination of the beginning of differentiation of criminal liability and punishment of minors and infants in Russian laws, identification of tendencies in the establishment of the minimum criminal liability age (the man’s ability to commit a sin before the age of 21), characterization of punishment of the said persons depending on their age (10–14 years, 14–17 years, 17–21 years) and the essence of the misdemeanor and its gravity. Special attention is paid to “peak” situations in fixing of the criminal liability age in Soviet criminal law (from the age of 17 and 12). Besides, the author shows theoretical fundamentals of the doctrine on the age of criminal liability of infants and minors considering their full incapacity, relative incapacity and softened punishability (by A.F. Berner, A.M. Bogdanovskiy, O. Goreglyad, A.F. Kistyakovskiy, N.N. Pustoroslev, N.D. Sergeevskiy, N.S. Tagantsev, etc.).

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