Nesterov, A.Yu. Procedural features of the appointment and release from criminal punishment of minors: the criminal procedural aspect. The Bulletin of the National Academy of Sciences of the Republic of Kazakhstan. 2022. Vol. 1. No. 395. Pp. 221–227. DOI https: ...

Òåêñò ñòàòüè íà ñàéòå æóðíàëà URL: https://journals.nauka-nanrk.kz/bulletin-science/article/view/3060/2896 (äàòà îáðàùåíèÿ 21.08.2022) 

Abstract

The article presents the procedural possibilities of releasing from criminal responsibility and sentencing juvenile defendants. The author is guided by the main sources of international law, which determine the fundamental basis of criminal procedure policy in the administration of justice over juvenile offenders.The main idea of international declarations (conventions) is, first of all, that every child deprived of liberty should be guaranteed a humane, respectful attitude. All children who have committed an offense and who are serving a sentence are equal in their rights, which are proclaimed by the Universal Declaration of Human Rights and are inalienable, with the exception of restrictions imposed by the fact of imprisonment. This provision is reflected in the International Covenant on Civil and Political Rights, which states that all persons deprived of their liberty have the right to humane treatment and respect for the inherent dignity of the human person. Specific examples are given from the criminal procedure legislation of Russia, which is the basis for the release of a minor defendant from serving a sentence, as defined in Article 92 of the Criminal Code of  the  Russian  Federation,  which  provides  for  two  types  of  unconditional  release  of  minors  from  criminal  punishment. Also, a number of articles from the Criminal Code of the Russian Federation are determined, according to which juvenile defendants are not subject to release from criminal punishment in the manner prescribed by part 2 of Art. 92 of the Criminal Code of the Russian Federation. General conclusions are made on the conducted theoretical, methodological and empirical research. The presented material in the publication does not contain information related to the state secret of the Russian Federation.

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