There are more and more juvenile crimes in today's society, and there are many factors causing juvenile crimes. These reasons require us to constantly reflect. Only in this way can we effectively curb juvenile crime. Any behavior that endangers national security, social stability, and economic order will constitute a crime as long as it meets the filing standards stipulated in relevant laws of our country. Everyone is equal before the law. So, as a special group, do minors have any special rights? Can you go to jail for a minor crime? The editor below will introduce relevant knowledge to you.
First, do minors who commit crimes have to go to jail?
Juveniles who commit crimes need to go to jail, but they should be given a lighter punishment. However, minors under the age of 14 who commit crimes do not need to be held criminally responsible. If a person over the age of 14 commits a specific crime, he/she needs to be held criminally responsible. If a minor who has reached the age of 16 commits a crime, he must be held criminally responsible.
Second, how to sentence juvenile offenders
Juvenile crime refers to criminal acts committed by minors. Article 17 of my country's Criminal Law stipulates: "A person who is over 16 years old shall bear criminal responsibility for committing a crime. Those who are over 14 years old and under 16 years old commit intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion, Anyone who commits a poisoning crime shall bear criminal responsibility, and minors who are over 14 years old but under 18 years old shall be given a lighter or reduced punishment. "Accordingly, in our country, minors under the age of 14 are not criminally responsible for crimes. Minors over the age of 14 but under the age of 16 are only criminally responsible for eight serious crimes, and minors over the age of 16 are fully criminally responsible for the crimes committed. Therefore, juvenile crime in our country refers to people over 14 years old but under 65438 years old.
1. Minors under the age of 16 are not criminally responsible.
2. If the minor is over 16 years old and needs to bear criminal responsibility, the punishment should be reduced. Those who are over 16 years old but under 17 years old can be reduced by 20%-50% of the base sentence; those who are over 17 years old but under 18 years old can be reduced by 10%-40% of the base sentence.
3. How can minors be exempted from criminal punishment?
According to the provisions of Article 2 of the "Interpretations of the Supreme People's Court and the Higher People's Court on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Minors", the following situations may be exempted from punishment or not considered as crimes:
First of all, a person who is over 14 years old but under 16 years old is coerced or induced to participate in a crime, is instigated to commit a crime, or is a preparation, suspension or attempt to commit a crime. If the circumstances are ordinary, the punishment may be exempted or the crime may not be considered a crime.
Second, it may not be considered a crime under the following circumstances:
1. People over 14 but under 16 bully the small, use force to bully the weak, use language Threatening or using mild violence to forcefully extort other minors' living, school supplies or money;
2. People who are over 14 years old but under 16 years old steal property, the amount has just reached or skipped the "huge amount" Standard, other circumstances are minor and are first-time or occasional offenders; stealing property from close relatives, and the close relatives do not require the defendant to be convicted and punished;
3. People over 14 years old and under 16 years old occasionally have sex with young girls Sexual relations are minor and have not yet caused serious consequences.
This question depends on the specific age. Minors under the age of 14 commit crimes and are not criminally responsible. Minors aged 14 or above but under 18 who commit eight types of crimes such as intentional injury and intentional homicide and are sentenced to fixed-term imprisonment shall be held criminally responsible. Those under 18 years of age will have a reduced penalty. Of course, the main purpose of punishing minors is education, and punishment is only a means, not the ultimate goal. If you encounter these problems, it is recommended to consult a professional lawyer.