If a crime is constituted, whether there is a heavier or lighter punishment shall be based on the facts of the crime, the nature and circumstances of the crime and the degree of harm to society; Factors such as mitigating punishment shall be punished in accordance with the standards stipulated in the criminal law.
When citizens under 18 weeks report the case, the guardian of the minor does not need to be present. However, in criminal cases involving minors, the legal representatives of juvenile criminal suspects and defendants shall be notified to be present at the interrogation and trial. If it is impossible to notify, the legal representative cannot be present, or the legal representative commits a crime of * * *, other adult relatives of the juvenile suspect or defendant, and representatives of the school, unit, grass-roots organization or minor protection organization in the place of residence can also be notified to be present, and relevant information can be recorded. The legal representative present may exercise the litigation rights of juvenile criminal suspects and defendants on his behalf. If the legal representative or other persons present believe that the case-handling personnel have infringed upon the legitimate rights and interests of minors during interrogation and trial, they may make comments. The interrogation record and the court record shall be handed over to the legal representative or other persons present for reading or reading.
How to deal with adult crimes?
1, completely without criminal responsibility.
According to Article 17 of the Criminal Law, people under 14 are completely irresponsible. Generally speaking, people under the age of 14 are still in infancy and do not have the ability to identify and control their own behavior, that is, they do not have the ability to be responsible. Therefore, the law stipulates that criminal responsibility shall not be investigated for acts that endanger society committed by people under the age of 14; However, if necessary, parents or guardians may be ordered to strictly discipline them according to law.
2. Relative criminal responsibility
People who are over 14 and under 16 are the age range of relative criminal responsibility stipulated in China's criminal law, that is, people of this age only bear criminal responsibility for a few crimes stipulated in the criminal law, not for most crimes. This is undoubtedly a scientific system that conforms to the actual situation of minors' ability to identify and control. Paragraph 2 of Article 17 of the Criminal Law stipulates: "A person who has reached the age of 14 and is under the age of 16 commits the crimes of intentional homicide, intentional injury, serious injury, death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1 10 of the Criminal Procedure Law.
Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.