1. What are the criminal responsibilities?
A citizen who has reached the age of 16 and committed a crime may be investigated for criminal responsibility.
Article 17 of the Criminal Law
A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
A person who has reached the age of 14 but 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.
If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility.
If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law.
Second, what are the forms of criminal responsibility?
1. The forms of criminal responsibility include principal punishment and supplementary punishment.
Having the constitutive requirements of a crime is the premise of assuming criminal responsibility, and the constitutive requirements of different charges are different. If a citizen belongs to a person who has no criminal responsibility at all, he does not need to bear criminal responsibility even if he commits a criminal act.
2, criminal responsibility has the following attributes:
(1) legality.
In modern legal society, whether a person commits a crime, whether he should bear criminal responsibility and how much criminal responsibility he should bear must comply with the law. At the same time, how to investigate and deal with those who violate the law and should bear criminal responsibility must also comply with the law. Without clear legal provisions, no one or organization can arbitrarily identify others as guilty and investigate them.
(2) severity.
Criminal responsibility is a kind of legal responsibility. Compared with administrative liability and civil liability, criminal liability is the most severe legal liability. Its way of commitment is mainly realized by depriving criminals of their freedom, property and even their lives. In addition, unlike civil liability, criminal liability can be resolved through mediation in a large number of civil cases. Criminal responsibility refers to the investigation of criminals by judicial organs on behalf of the state. Except for cases of private prosecution, the defendant in a criminal case may not mediate with the victim.
(3) specificity.
Criminal responsibility can only be borne by criminals themselves, that is, by themselves. No one else can accept the punishment instead of the criminal or share part of the punishment for the criminal, nor can he implicate the criminal's relatives or spouses. Whoever bears the responsibility and how big the responsibility is, will be sentenced to appropriate punishment.
3. What's the difference between administrative responsibility and criminal responsibility?
The difference between administrative responsibility and criminal responsibility lies in the different illegal acts investigated, the different responsible organs and the different consequences of legal responsibility.
1, the illegal acts investigated are different.
Belonging to a criminal act that should be investigated for criminal responsibility; It is a general illegal act to investigate administrative responsibility.
2. The responsible authorities are different.
The investigation of criminal responsibility can only be decided by judicial organs in accordance with the provisions of the criminal law; The investigation of administrative responsibility shall be decided by the specific administrative organ of the state in accordance with the provisions of relevant laws.
3. The consequences of legal liability are different.
Investigating criminal responsibility is the most severe sanction, which can be sentenced to death, which is much more severe than investigating administrative responsibility.
After committing a crime, you may be investigated for criminal responsibility. As for the specific circumstances of investigating criminal responsibility, it needs to be determined according to the provisions of the current criminal law. Cases that need to investigate criminal cases usually require the procuratorate to file a request for public prosecution with the court, and then the court will decide whether to sentence after hearing the disputed cases.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 17 of the Criminal Law.
A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
A person who has reached the age of 14 but 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.
If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government.