Circumstances characterising the conditions of life and upbringing to be taken into account when imposing a criminal sentence on a minor
The imposition of criminal punishment on juveniles requires taking into account a much wider range of circumstances than those to be taken into account in respect of adult offenders, which is due to the age peculiarities of juveniles. At the same time, in the current criminal law and in law enforcement practice these circumstances are not disclosed, which actualises scientific research aimed at their study. In the article the author concludes that the need to take into account the circumstances characterising the conditions of life and upbringing of a minor is generally recognised in domestic criminology and the science of criminal law. The author believes that it is necessary to consider the conditions of the environment of upbringing based on the provisions of the theory of socialisation of personality, which studies the impact of the social environment on the formation of the personality of a minor. In the article, the author identifies circumstances characterising the conditions of life and upbringing of minors. These include: consideration of circumstances characterising the conditions of life and upbringing in the minor's family; data on the conditions of life and upbringing in the educational institution and at the place of work; information about the circle of communication of the teenager, small informal peer groups. As a basis for classification, the author identifies the main institutions of socialisation of minors: family, educational institution, peer group. The article presents the circumstances characterising the relationships in the family of the minor, in the educational institution and informal peer groups, which are of criminal-legal importance, as they should be taken into account when choosing the type of criminal punishment. The author declares no conflicts of interests.
Keywords
juvenile, sentencing, living conditions, conditions of upbringing, socialisationAuthors
Name | Organization | |
Dolmatov Aleksandr O. | Tomsk State University | adeostomsk@gmail.com |
References

Circumstances characterising the conditions of life and upbringing to be taken into account when imposing a criminal sentence on a minor | Tomsk State University Journal of Law. 2023. № 49. DOI: 10.17223/22253513/49/4