Science and Education in Karakalpakstan. 2023 №2/1 ISSN 2181-9203 187
committing a crime, information about the negative impact of older persons on its behavior, other
circumstances affecting its personality should be identified and assessed.
Even if a person who committed a crime before the age of eighteen has reached the age of
majority at the time of the trial of the case, the penalty or amount assigned to him cannot exceed the
maximum period and amounts established in articles 82-85 of CC [4].
Most states’ criminal law sets a minimum age limit for criminalizing minors. The UN
General Assembly of 1989 adopted the Convention on the rights of the child, which includes a
number of norms for the protection of the rights of children and minors who have entered the
criminal path. The convention sets a minimum term for criminalizing minors. But in a number of
states, this can be even less than the age limit is set. For example, in Irish criminal law, the age of a
criminal subject is set at seven years, in the Netherlands at twelve years, in Japan at thirteen years.
The qualification and punishment system for crimes committed by minors also varies in different
countries. A number of foreign developed countries have become clear in particular during the
study of the Criminal Law (StGB) of the Federal Republic of Germany-that the crimes of minors in
Germany are qualified under the same criminal law (StGB) as the crimes of adults, but have several
characteristics of their own:
1. The juvenile delinquency law (Jugendstrafrecht) [5] does not list criminal offenses, but
specifies sanctions and principles for their use against minors, and applies to children and
adolescents between the ages of fourteen and twenty-one who have committed criminal offenses in
Germany;
2. Minors under the age of fourteen do not have jurisdiction in Germany, but the
guardianship authority under the court may apply measures aimed at preventing a minor from
repeating a criminal offense in the future;
3. The age limits set by the German juvenile delinquency law (Jugendstrafrecht) are decisive
for setting criminal penalties.
4. According to the Jugendgerichtsgesetz (law on minors), minors are children between the
ages of fourteen and eighteen and adolescents between the ages of eighteen and twenty-one;
5. Penalties for minors are much lighter than penalties for adults, and measures of an
educational nature are also provided;
6. Minors may also be subject to criminal penalties under the juvenile delinquency law and
adult delinquency law (StGB). The decisive thing here is the level of individual development of a
minor. If a teenager is developed as an adult, criminal punishment is established under the StGB
(adult criminal law), Jugendstrafrecht (juvenile criminal law) applies only to adolescents with
developmental delay. As a rule, in such cases, representatives of the Office of Juvenile Affairs
(Jugendamt) make recommendations to the court to apply their assessment and type of punishment
to the person of the accused.
7. If there is a minor military officer who committed a criminal offense, special rules apply
to him.
When imposing criminal penalties on minors:
a) rules apply for educational purposes;
b) the main session of the court passes behind closed doors;
(c) a hearing may be heard by a court of people's counsel or by a jury of professional judges.
Types of punishment that can be imposed on minors:
1) Educational Measures;
2) disciplinary punishment (fine, social work);
3) imprisonment.
Educational measures are the mildest form of punishment and include, for example,