Responsibility of Minors in the History of Criminal Law in Russia (before 1845)

Abstract

Introduction. The main purpose of the work is to show how the criminal legislation of the Russian Empire has evolved in the matter of the age of a person capable of being responsible or serving the sentences imposed on him. To achieve this goal, the paper analyzes the legislative norms of different eras (before 1845) using the scientific works of pre-revolutionary Russian legal scholars on the subject of the study.Materials and methods. The methods applied in the course of the study (historical, formal-legal, logical, dialectical) showed that for several centuries in the criminal law of Russia, the age of the person who committed the crime had no legal significance. The situation changed with the adoption of New Proof Articles in 1669, which for the first time established the exact age at which a person could be responsible for what he had done – 7 years. Subsequently, this age changed many times – the legislator then raised it, then restored it.Results of the study. The analysis showed that, during the period under study, the question of the age of responsibility for crimes was resolved inconsistently, often contradictory.Discussion and conclusion. The study showed that, most importantly, age was not considered as an independent criminal-legal sign, but only within the framework of the sign of sanity.