RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of February 14, 2000 No. 7

"About court practice on cases on crimes of minors"

Due to the questions arising at courts in case of application of the legislation on cases on crimes of minors, the Plenum of the Supreme Court of the Russian Federation decides:

1. Draw the attention of courts to need of special attention to timely and high-quality hearing of cases about crimes of minors. Legal proceedings for this category shall be based on strict observance of requirements of the material and procedural legislation, as much as possible promote ensuring interests, protection of legitimate rights of minors, to purpose of just punishment, the prevention of making of new crimes.

For this purpose it is necessary to enhance constantly professional competence and specialization of the judges considering cases on crimes of minors, to increase their personal liability for legality and justification of each judgment.

2. By consideration of the petition of bodies of pretrial investigation for election concerning the minor suspect or the person accused of measure of restraint in the form of detention courts should check carefully justification of the motives stated in it about need of the conclusion of the minor into custody and impossibility of election of other softer measure of restraint, meaning that owing to part 2 of article 108 Code of Criminal Procedure of the Russian Federation such measure of restraint can be applied only in cases if the minor is suspected of making of heavy or especially serious crime. In exceptional cases, as unique in these conditions, detention can be applied to the minor who committed crime of average weight.

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