Impact of Certain Factors, that Mitigate Punishment, and the Underage of a Person on the Severity Degree of the Crime Committed

Abstract

The article analyzes the age and socio-psychological characteristics of juvenile and their influence on the behavior of the minors, laying emphasis on the mandatory incorporation by court of the mitigating circumstances and individual approach in determining the gravity of the offenses committed by a minor. When sentencing minors the court ought to take into account the issues of living conditions, education and other aspects: family circumstances; the material conditions of life and upbringing of a minor; attendance of school or other educational institutions; the level of academic success and behavior, relationships with teachers and educators; relations with other minors, the level of physical and intellectual development, the ability to comprehend the facts and the social consequences of the committed offences; the previous behavior of the minor, the minor’s behavior after committing the crime, in particular his attitude to the victim, the behavior during the pre-trial investigation and in court proceedings; the presence of moral responsibility to take care of other family members and his attitude towards this obligation; attitude of minor to the offenses committed by others and to the designated punishment, its legal effects.