CRIME PREVENTION FUNCTION IN THE INVESTIGATION OF CRIMINAL CASES INVOLVING MINORS

Abstract

The article refers to the prevention of crimes committed by minors as the main focus when prosecuting them. The current criminal legislation on minors (Article 20 of the Criminal Code of the Russian Federation) is analyzed. It tends to increase the number of crimes for which persons aged 14–16 are criminally responsible. The need for the preventive function in the preliminary investigation of criminal cases involving minors is justified. The dominant aspect of criminal proceedings should be the discontinuation of the first criminal case against minors in the absence of material consequences of the crime. The article is aimed at substantiating the idea that the first crime committed by a minor without material consequences may not indicate a tendency to continue criminal behavior, therefore it is possible to exclude the adolescent from criminal liability. Comparative and analytical methods of research of theoretical and practical problems of crimes committed by minors are used in the preparation of the article. The practical conclusions are presented, according to which, when investigating criminal cases involving minors, the investigator, focusing on the circumstances of the crime and the minor’s personality, should set himself the task of preventing such crimes, including by discontinuing criminal proceedings.

Keywords

• punishment
• minor
• crime prevention
• discontinuation of the case
• investigator
• criminal case
• criminal prosecution