The article discusses criminal law norms establishing the criteria for criminal liability of persons under the age of majority who have committed criminal acts. The article also formulates specific proposals for improving criminal legislation in terms of bringing to criminal liability to a person with mental retardation. The study used the dialectical method of scientific knowledge, as well as historical, logical, normative and legal, etc. An analysis of cases from judicial practice in terms of bringing to justice persons who committed crimes but have not reached the age of eighteen was conducted. It was found that mental retardation is not mediated by the presence of a mental disorder is quite common among teenagers. Having such a retardation, a person is not able to objectively perceive what happened, much less draw conclusions about his future behavior. Of course, this argument should not be taken into account as a guide for the courts, since not all persons should be released from established liability, but it is worth taking into account the personality traits of a minor and, if necessary, conduct the necessary examinations. It is proposed to clearly establish by law the criteria for a person’s sanity, with particular emphasis on indicating age.
Kazantseva et al. (Tue,) studied this question.