THE AGE AS A NECESSARY FEATURE FOR RECOGNIZING A MINOR AS THE SUBJECT OF A CRIME

Abstract

This article analyzes, from both theoretical and practical perspectives, the age criterion as an essential and mandatory feature for recognizing a minor as the subject of a crime in criminal law. The main purpose of the study is to examine the necessity of taking into account not only the calendar age of a person, but also the level of their mental, intellectual, and social maturity when determining the age of criminal responsibility. The author reveals the close interrelation between medical-biological, socio-psychological, and legal criteria that determine the age of criminal responsibility and highlights their significance in shaping the concept of the subject of a crime. Based on the provisions of the Criminal Code of the Republic of Uzbekistan, the article analyzes the general age threshold of criminal responsibility as well as special age limits established for certain categories of crimes, along with the procedure and procedural features of determining the age of minors. Through comparative legal analysis, the approaches of foreign states to the issue of the age of criminal responsibility are examined, and their positive aspects are identified. The article substantiates that a minorʼs ability to understand the social danger of their actions and to control them is of decisive importance in determining the existence of the subject of a crime. Based on the research results, scientific conclusions are drawn aimed at differentiating the criminal liability of minors and improving criminal legislation.