1. A person who has reached the age of 16 commits a crime and should bear criminal responsibility. It is worth noting that people who have reached the age of 16 will bear full criminal responsibility for committing crimes. This is a presumption based on the consideration of the general physical and mental maturity of people who have reached the age of 16. 2. A person who has reached the age of 14 and is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility. Different from the above, the age of criminal responsibility here is relative. That is to say, a person who has reached the age of 14 and is under the age of 16 will bear criminal responsibility only when committing the above-mentioned criminal acts. 3./kloc-People under the age of 0/4 are not criminally responsible. It should also be noted here that this age stage is completely irresponsible. 4. A person who has reached the age of 14 but under the age of 18 commits a crime, and shall be given a lighter or mitigated punishment. 5./kloc-Those under the age of 0/6 will not be punished, and their parents or guardians will be ordered to discipline them, and if necessary, they can be adopted by the government. 6. A person who has reached the age of 75 who commits a crime may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment. It should be noted in particular that those who have reached the age of 14, but have not reached the age of 16, will be investigated for criminal responsibility only if they commit the crimes of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances. If a child is charged with a criminal offence, once we notice the application of the age system of criminal responsibility, the so-called difference is thousands of miles, then it is best to ask a professional criminal defense lawyer to help protect the legitimate rights and interests of the child and take correct methods and means to punish the criminal child.
Legal objectivity:
The age of criminal responsibility refers to the age at which the actor must bear criminal responsibility for acts that endanger society prohibited by the criminal law of his country. I. Provisions of various countries and regions on the age of criminal responsibility of minors Paragraph 3 of Article 17 of the Criminal Law stipulates: "A person who has reached the age of 14 but is under the age of 18 shall be given a lighter or mitigated punishment for committing a crime." A person who has reached the age of 14 and is under the age of 18 commits a crime and is called a juvenile offender. It can be seen from Article 17 of the Criminal Law that the relative age of criminal responsibility of minors in China is 14 years old, and other countries with the same provisions include Britain, Japan, Italy, Germany and South Korea. This is the rule in most countries. However, the age of criminal responsibility in many countries and regions is relatively low, such as 13 in France, 12 in India, Canada, Greece, the Netherlands, Denmark and Hungary, 9 in Mexico and 7 in Hong Kong and new york. It is a prudent choice for each country to determine its own age of criminal responsibility according to its own historical tradition, race, development of minors and education. If the age of criminal responsibility is set too high, it will connive at some bad people. On the other hand, if the age of criminal responsibility is set too low, it will lead to a wide range of attacks and fail to achieve the purpose of punishment. Second, there is no need to lower the age of criminal responsibility in China. According to reports, juvenile delinquency in China is showing a trend of younger age. According to a recent survey in Shenzhen, the minimum age for committing serious harm in juvenile delinquency is from ten years old, and the common age is twelve or thirteen years old. In order to punish juvenile delinquency, the age of criminal responsibility should be lowered. As a special group of juvenile offenders, we choose non-crime between crime and non-crime. Between felony and misdemeanor, we choose misdemeanor; Between punishment and non-punishment, we chose not to punish after all. They are the objects of our help. They are extremely flexible and have a long way to go. Moreover, according to relevant data, juvenile delinquency in China is not as terrible as imagined. As can be seen from the table, the juvenile crime rate is rising instead of falling. China should not lower the age of criminal responsibility of minors for the following reasons: 1, 12-year-old and 3-year-old minors are immature and do not have the corresponding conditions to recognize crimes. At present, China implements nine-year compulsory education. According to the saying that primary school students start school at the age of six, children aged 12 or 13 are in the fifth grade of primary school and the first grade of junior high school. Their cultural level is still very low, their cognitive ability is still very weak, and they lack the necessary concept of right and wrong. There is still a big gap between their understanding, discrimination and resistance ability and the complex society. The spiritual needs of minors have obvious characteristics, such as curiosity, pursuit of excitement and love of competitive games. In order to meet these needs, they can take all kinds of reckless risks, and even do unexpected things for their peers and adults. There is a kind of game crime in juvenile delinquency. They seem to be playing games and making noise, but as a result, they have violated the criminal law and caused harm to society, which is undoubtedly related to the spiritual needs of minors. Minors lack understanding of the significance of meeting their needs. Because the realization needs sociality, some means are not allowed by social morality and law, such as violence, deception, stealing secrets, etc., which are illegal. However, minors sometimes feel that the need is beyond reproach and reasonable. They take the way of realizing their needs without thinking, and even meet their own needs by hook or by crook, which leads to crimes. Since our legal education has not really started at this stage, it is hard to say that they committed a crime on purpose. 2, 12, 3-year-old minors have weak willpower, and it is difficult to suppress the specific analysis of criminal intent. As we know, it includes two aspects: cognitive factors and will factors. First of all, the actor should know that his behavior will produce harmful results to society, which is the cognitive factor. "In the legal system that recognizes the concept of the age of criminal responsibility of minors, the starting point of this age should not be set too low, and the actual situation of emotional and psychological maturity should be taken into account." [2] In addition, the actor holds a hopeful or laissez-faire attitude towards the harmful results that his behavior will lead to. Although some minors realize that killing and wounding are wrong, they don't want it once harmful consequences occur. They just want to teach each other a lesson. As a person with limited capacity, it is not easy and impossible for him to prevent the occurrence of harmful consequences. 3. Arbitrarily expanding the scope and purpose of punishment deviates from one of the punishment purposes of crime prevention. Beccaria, Feuerbach, Cesare Cesare Lombroso and Philip all advocated crime prevention. Prevention can be divided into individual prevention.