About "How to define juvenile criminal offence?" The relevant answers are as follows: According to the relevant laws of our country, the sentencing of juvenile criminal offences is as follows: 1. Principle of leniency According to the third paragraph of Article 17 of the Criminal Law of People's Republic of China (PRC): "A person who has reached the age of 14 but not the age of 18 shall be given a lighter or mitigated punishment", and a person who has reached the age of 14 but not the age of 18 must be given a lighter or mitigated punishment. In other words, dissatisfaction with 18 is a legal lenient punishment. As for whether it is lighter or lighter and the degree of lightness, it depends on the specific situation. According to this principle, a person who has reached the age of 14 but has not reached the age of 18 should not be sentenced to the statutory maximum penalty in principle. In the specific sentencing, we should generally distinguish between young criminals who are over 14 but under 16 and elderly criminals who are over 16 but under 18. When deciding on a lighter or mitigated punishment, crimes committed in the same age group should generally be reflected. Only in this way can we fully embody and realize the principle of combining leniency with severity in minor crimes in our criminal law. Second, the principle of not applying the death penalty According to Article 49 of the Criminal Law of People's Republic of China (PRC): "People who are under 18 years of age at the time of committing crimes and women who are pregnant at the time of trial are not applicable to the death penalty", no matter what crimes minors commit, they should not be sentenced to death. This is a strict requirement and no exceptions are allowed. When a crime is committed, it means when the crime is committed. If he was under 18 years old at the time of committing the crime, even if he was over 18 years old at the time of trial, the provisions of this article shall apply. China's criminal law stipulates that the death penalty is not applicable to people under the age of 18. The main reason is that the death penalty is the most severe punishment, which is related to the life and death of criminals. /kloc-people under the age of 0/8 are still in the process of physical and mental development, and their cognitive ability and control ability are still relatively weak. Therefore, they have not reached the extreme severity of their crimes and cannot be reformed, so they are not suitable for the death penalty. Three. Principles of education, probation and salvation Article 38 of China's Law on the Protection of Minors stipulates: "The principle of education, probation and salvation shall be implemented for minors who commit crimes. Adhere to the principle of giving priority to education and supplementing punishment. " Article 44 of the Law of People's Republic of China (PRC) on the Prevention of Juvenile Delinquency also clearly stipulates: "Minors who commit crimes shall be investigated for criminal responsibility, and the policy of education, probation and salvation shall be implemented, and the principle of giving priority to education and supplementing punishment shall be adhered to." This legally clarifies the basic principles that judicial organs should follow in handling juvenile criminal cases. The principles of education, probation and salvation require judicial personnel to correctly handle the relationship between punishment and education in handling juvenile cases. We should put education in a prominent position and adhere to the principle of giving priority to education, supplemented by punishment. Judicial personnel should persist in cracking down on minors, just as parents treat their children and teachers treat their students. According to their personal characteristics, they should be rational and emotional, so as to realize the harmfulness of their actions. This principle requires that judicial personnel should not only find out the facts, but also educate and influence minors in time when dealing with juvenile cases. In all stages of litigation, we should attach importance to education and probation, and correctly handle the relationship between finding out the facts and education and probation. Finding out the facts is the basis of correct education. If the facts are unclear, it is impossible to convince people by reasoning and it is difficult to carry out targeted education. But we can't just focus on facts and ignore education and influence. Education and probation are important principles in handling juvenile cases. In the education and probation of minors, we should pay attention to digging the deep-seated roots of crimes, analyze the root causes of juvenile crimes, prescribe the right medicine, and carry out in-depth psychological education, so that they can truly confess their crimes and correctly treat the criminal punishments and performances they will face. Carrying out the principles of education, probation and salvation does not mean that only education is emphasized and punishment is ignored for minors. Juvenile delinquency has also caused harm to society, and it is justified and necessary to punish it according to law. Ignoring punishment or improper punishment, it is difficult to make them realize the serious consequences of their actions, which is not conducive to the implementation of the education and probation policy. However, this kind of punishment should follow the principle of giving priority to education, supplemented by punishment, and try not to punish as much as possible. Four, the principle of case handling refers to the cases of minors and adults are tried separately, detained separately, and executed separately. Separation of proceedings refers to cases in which minors and adults commit crimes or are implicated. As long as they do not hinder litigation, they should be handled separately. Article 40 of the Law of People's Republic of China (PRC) on the Protection of Minors clearly stipulates: "Public security organs, people's procuratorates and people's courts should take care of the physical and mental characteristics of minors when handling juvenile criminal cases, and may set up special institutions or designate special personnel to handle them as needed." Article 20 of the Supreme People's Procuratorate's Provisions on the Handling of Juvenile Criminal Cases by People's Procuratorates clearly stipulates: "Minors and adults prosecuted by People's Procuratorates shall be handled separately if they involve the same criminal case, without prejudice to the trial of the case." Detaining means that minors should be detained separately from adults when compulsory measures such as detention and arrest are applied to minors. Article 4 1 of the Law of People's Republic of China (PRC) on the Protection of Minors clearly stipulates: "Public security organs, people's procuratorates and people's courts shall keep minors in pretrial detention separately from adults in custody." Article 46 of the Law of People's Republic of China (PRC) on the Prevention of Juvenile Delinquency also clearly stipulates that minors who are detained, arrested and sentenced shall be held separately from adults, managed separately and educated separately. Separate execution refers to the execution of effective judgments and orders for minors, which should be executed separately from adults and not in the same place to prevent adult criminals from having adverse effects on juvenile criminals. In the judicial practice of China, the place where juvenile offenders are executed is generally the juvenile reformatory. The second paragraph of Article 4 1 of the Law on the Protection of Minors in People's Republic of China (PRC) clearly stipulates: "Minors sentenced by the people's court to serve their sentences shall be detained and managed separately from adults serving their sentences." The second half of Article 46 of the Law of People's Republic of China (PRC) on the Prevention of Juvenile Delinquency also clearly stipulates: "During the execution of juvenile offenders, the executing organ shall strengthen the legal education for juvenile offenders and provide vocational and technical education for juvenile offenders. For juvenile offenders who have not completed compulsory education, the executing organ shall ensure that they continue to receive compulsory education. V. Principles of Protecting Minors' Litigation Rights According to Law In the process of criminal proceedings, in addition to protecting minors' litigation rights as any criminal suspect or defendant as stipulated in the Criminal Procedure Law, we should also pay attention to conscientiously implementing some special rights enjoyed by minors. Judging from the relevant regulations, there are two main points: 1. The right of the legal representative to be present. Paragraph 2 of Article 14 of China's Criminal Procedure Law stipulates: "In a case where a minor under the age of 18 commits a crime, the legal representatives of the criminal suspect and the defendant may be notified to be present during interrogation and trial." Article 11 of the Provisions of Public Security Organs on Handling Cases of Juvenile Delinquency and Crime stipulates: "When interrogating minors who commit crimes and crimes, their parents, guardians or teachers shall be notified to be present according to the needs of investigating the case, except those who hinder the investigation or cannot be notified." Article 11 of the Provisions of the People's Procuratorate on Handling Juvenile Criminal Cases stipulates: "When interrogating a juvenile criminal suspect, you may notify his legal representative to be present and inform him of his litigation rights and obligations that should be performed according to law". Article 19 of the Supreme People's Court's Provisions on the Trial of Juvenile Criminal Cases stipulates: "Before the trial, the legal representative of the juvenile defendant shall be notified to appear in court. If the legal representative is unable to appear in court or is really unfit to appear in court, he shall notify other guardians or other adult close relatives to appear in court. After the notice, if other guardians or adult close relatives do not appear in court, the people's court shall record it in the register. " According to the above provisions, juvenile criminal suspects and defendants may require their legal representatives to be present during interrogation and trial. The psychology of minors is not yet mature, and the presence of legal representatives during interrogation and trial is conducive to the emotional stability of minors and the smooth progress of litigation. In order to ensure the realization of the purpose of litigation, the judicial organ should generally notify the legal representative to be present without any exception that hinders the litigation. 2. Right to appoint a defense. Paragraph 2 of Article 34 of the Criminal Procedure Law stipulates: "If the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him". Paragraph 2 of Article 37 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) further clearly stipulates that if a minor under the age of 18 fails to entrust a defender during the trial, the people's court may appoint a defender for him. Article 38 also stipulates: "If the defendant insists on exercising the right of defense and refuses the defender appointed by the people's court to defend him, the people's court shall allow it and put it on record; The defendant has one of the circumstances specified in Article 36 of this Interpretation (i.e. blind, deaf, dumb or with limited capacity; Minors under the age of 18 at the time of hearing; If a person who may be sentenced to death refuses a defender appointed by the people's court to defend him, the people's court shall allow it, but if the defendant needs to entrust another defender, the people's court shall appoint another defender for him. " Paragraph 2 of Article 12 of the Regulations on Legal Aid of the People's Republic of China stipulates: "If the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, or if the defendant may be sentenced to death and has not entrusted a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation." When minors are defendants, not only their litigation status determines the difficulty of exercising their right to defense, but also the characteristics of minors themselves determine the urgency of getting help from defenders. This provision of the Criminal Procedure Law is of great significance for ensuring the realization of the litigation rights of juvenile defendants. The principle of non-public hearing of intransitive verbs means that when the court hears juvenile cases, it is not open to the public, and journalists are not allowed to attend and interview. The second paragraph of Article 152 of the Criminal Procedure Law stipulates that all cases in which minors under the age of 14 and under the age of 16 commit crimes shall not be heard in public. 16 or more and less than 18 are generally not heard in public. Paragraph 2 of Article 45 of the Law on the Protection of Minors stipulates: "All cases of crimes committed by minors over the age of 14 and under the age of 16 shall not be heard in public. Cases of crimes committed by minors who are over 16 years old and under 18 years old are generally not heard in public. " The third paragraph also stipulates that "in a juvenile crime case, news reports, film and television programs and public publications may not disclose the name, domicile, photos and information that may be inferred from the minor." Article 13 of the Supreme People's Court's Several Provisions on the Trial of Juvenile Criminal Cases further stipulates that a judge shall not disclose any information that may infer the juvenile to the outside world before the juvenile criminal case is judged. Except for consulting, extracting and copying according to law, the files of juvenile criminal cases shall not be inquired, extracted, disclosed and disseminated without the approval of the president of our hospital. The closed trial of juvenile cases is conducive to alleviating the nervousness of minors and preventing the negative consequences that public trial may cause mental trauma to minors and increase the difficulty of reform, which is not conducive to their return to society. The principle of closed trial only means that the trial process is closed and the announcement of the judgment should be made in public. However, according to Article 31 of Several Provisions on the Trial of Juvenile Criminal Cases: "The judgment of juvenile criminal cases shall be publicly announced, but it shall not take the form of convening a general meeting." Seven, the principle of comprehensive investigation The principle of comprehensive investigation refers to the judicial personnel in dealing with juvenile cases, not only for the purpose of punishment, but also satisfied with the investigation of the facts and evidence of the case. Based on the purpose of educational salvation, a comprehensive investigation should be made on the physical and mental condition of minors and their living environment, and medical examination and psychological and spiritual judgment should be carried out when necessary. The principle of comprehensive investigation should run through criminal proceedings, not just court investigation. Carrying out the principle of comprehensive investigation can fully grasp the living and growing environment of the people who have lost their feet, understand their personality and quality, and find out the reasons and conditions of the crime. This is not only conducive to the correct handling of cases, but also necessary to choose the right methods and ways to educate and reform them. Eight, the principle of quick and simple, the principle of quick and simple refers to the handling of juvenile cases, in all stages of litigation, as far as possible to shorten the time, improve the efficiency of litigation, simplify procedures, and strive for an early conclusion. Simplicity is the premise of quickness, and quickness is the objective effect of simplification, and the two are interrelated. To realize the principle of quickness and simplicity in juvenile cases is to ensure that minors can get rid of the troubles of the litigation process as soon as possible, and to avoid the excessive psychological burden caused by the complicated and long litigation process, which will have resistance and adverse effects on their educational reform. However, when implementing this principle, we should pay attention to the "degree" and realize fast and simple on the premise of ensuring quality. But we can't act rashly, which will damage the fairness of the lawsuit. If the handling of the relevant situation is not clear, you can consult a lawyer to define it.
Legal objectivity:
Criminal punishment is a violation of criminal law and should be punished by criminal law. According to the provisions of China's criminal law, punishment includes two parts: principal punishment and supplementary punishment. The main punishments are: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty. Additional punishments include: fines, deprivation of political rights and confiscation of property; There is also the expulsion of criminals. Minors generally refer to citizens under the age of 18, but in some countries (such as Japan) they refer to citizens under the age of 20. Minors who have reached the age of 14 but under the age of 16 only commit the above acts, and other acts are not subject to criminal punishment, and the procuratorate may also decide not to prosecute. However, parents or guardians should be ordered to discipline them, and if necessary, they can be taken in by the government for reeducation. In addition, minors who have reached the age of 14 but have not reached the age of 16 will still be convicted and punished for their crimes when they commit crimes other than the eight acts. According to the provisions of Article 2 of the Interpretation of the Supreme People's Court Higher People's Court on Several Issues Concerning the Application of Laws in Handling Juvenile Criminal Cases, the following situations may be exempted from punishment or not considered as crimes: First, a person who has reached the age of 14 but is under the age of 16 is coerced or tricked into participating in a crime, instigated to commit a crime, or prepared, suspended or attempted, and the circumstances are general, and may be exempted from punishment or not considered as a crime. Secondly, in any of the following circumstances, it may not be considered as a crime: 1, a person who has reached the age of 14 but is under the age of 16 bullies the small with the big, bullies the weak with the strong, uses language threats or uses slight violence to force other minors to ask for living, school supplies or money; 2. A person who has reached the age of 14 and under the age of 16 steals property, and the amount has just reached or skipped the standard of "huge amount", and other circumstances are minor, belonging to the first offense or occasional offense; Stealing the property of a close relative, and the close relative does not demand that the defendant be convicted and punished; 3./kloc-people over 0/4 years old/kloc-people under 0/6 years old occasionally have sexual relations with young girls, and the circumstances are minor and have not caused serious consequences.