AGE AS A SIGN OF THE SUBJECT OF A CRIMINAL OFFENSE

Abstract

The article provides a comprehensive criminal law analysis of age as a mandatory characteristic of the subject of a criminal offense. It is argued that age is not only a formally defined legal criterion, but also an important socio-legal indicator that reflects the level of mental, intellectual, and social maturity of a person. It is noted that it is upon reaching the age established by criminal law that a person is recognized as capable of realizing the social danger of their actions and controlling them, which is a necessary condition for criminal responsibility. The provisions of the Criminal Code of Ukraine regarding the general and reduced age of criminal responsibility are analyzed, and their theoretical and practical significance is revealed. Particular attention is paid to the relationship between age and sanity as interrelated but not identical characteristics of a criminal offender. It is emphasized that reaching the relevant age is not in itself a sufficient basis for criminal liability without establishing the sanity of the person. It has been substantiated that calendar (passport) age in criminal law is a formal but necessary legal criterion that replaces the impossibility of accurately determining a person’s socio-psychological age. The use of calendar age ensures legal certainty, uniformity in the application of the law, and compliance with the principle of legality. An analysis of scientific approaches to lowering the age of criminal responsibility reveals a lack of consensus in doctrine. At the same time, the arguments put forward by those in favor of lowering the age limit are not sufficiently convincing, as they do not take into account the risks of early criminalization, the negative impact of the penal system on the development of a minor’s personality, and possible violations of children’s rights. It was concluded that the current age limits for criminal responsibility in Ukraine generally correspond to modern social conditions and international standards, but require further scientific consideration in connection with the dynamics of crime and the transformation of social relations.