Based on article 17 of the Criminal Law:
Article 17 A person who has reached the age of 16 shall bear criminal responsibility for committing a crime.
A person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, 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.
People who have reached the age of 16 but have not reached the age of 18 are sentenced differently from adults.
For juvenile delinquency, we should comprehensively consider the factors such as juvenile's cognitive ability, motive and purpose of the crime, age at the time of the crime, whether it is a first-time offender, an occasional offender, repentance, personal growth experience and consistent performance, and give lenient punishment.
(1) If a minor who has reached the age of 14 but is under the age of 16 commits a crime, the benchmark punishment shall be reduced by 30%-60%.
(2) Minors who have reached the age of 16 but under the age of 18 commit crimes, and the benchmark punishment will be reduced by 10%-50%.
Extended data:
Age of responsibility:
1, no responsibility at all
This refers to people under the age of 14.
Note: You will be one year old the day after your birthday. For example, a 1990 was born on August 8, 2004, but it was less than 14 years old, and it was over 14 years old the next day.
2. Relative responsibility
Paragraph 2 of Article 17 of the Criminal Law: "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."
(1) Note: The eight major crimes do not include kidnapping, although kidnapping is a felony.
(2) Note: These eight charges refer to criminal acts, not specific charges.
(3) The special problem of intentional homicide and intentional injury causing serious injury or death.
(4) rape:
(5) robbery:
The crime of robbery here includes: the crime of robbing guns, ammunition, explosives and dangerous substances (article 127); Robbery with a weapon is converted into robbery (article 267th, paragraph 2). Note: The quasi-robbery crime transformed afterwards in Article 269 is not included (see below).
(6) Drug trafficking: This only includes drug trafficking, excluding smuggling, manufacturing and transporting drugs.
(7) Arson, explosion and poisoning:
It does not include breaking water, destroying vehicles and facilities, and endangering public safety by other dangerous methods.
Poisoning here refers to throwing dangerous substances, including toxic, radioactive, infectious disease pathogens and other substances.
(8) These eight crimes only include intentional crimes, excluding negligent crimes. For example, it does not include the crime of negligent death and the crime of fire.
(9) The actor (relative age of responsibility) can be the perpetrator of eight kinds of crimes, and can also be an instigator or an accomplice. In other words, the perpetrator only abetted and helped eight crimes and should also bear criminal responsibility.
(10) Key clause 5438+0 in the Interpretation of the Supreme Court on the Trial of Juvenile Cases in June 2006:
Article 6 If a person who has reached the age of 14 but has not reached the age of 16 occasionally has sexual relations with a young girl, if the circumstances are minor and have not caused serious consequences, it is not considered a crime.
Article 7 If a person who has reached the age of 14 and is under the age of 16 forcibly asks other minors to bring a small amount of articles for daily use and study or money by means of slight violence or threats, and the victim is not slightly injured or afraid to go to school to study and live normally, it is not considered a crime.
A person who has reached the age of 16 and is under the age of 18, and has the circumstances listed in the preceding paragraph, is generally not considered a crime.
Article 8 A person who has reached the age of 65,438+06 but is under the age of 65,438+08, who, out of bullying the small by bullying the big or seeking spiritual stimulation, arbitrarily beats other minors, extorts money from other minors for many times or arbitrarily damages public and private property, thus disturbing the order of schools and other public places. If the circumstances are serious, he shall be convicted and punished for the crime of stirring up trouble.
Article 9: A person who has reached the age of 65,438+06 but has not reached the age of 65,438+08 may not be considered a crime if the theft is attempted or attempted.
A person who has reached the age of 16 but under the age of 18 steals the property of his family or close relatives, or steals the property of other relatives, but if other relatives ask not to pursue it, it may not be treated as a crime.
Article 10: A person who has reached the age of 14 but under the age of 16 steals, swindles or robs other people's property, intentionally hurts or kills others by violence on the spot, or intentionally kills others, shall be convicted and punished for intentional injury or intentional homicide respectively.
Step 3 take full responsibility
Article 17 of the Criminal Law: "A person who has reached the age of 1 6 commits a crime and shall bear criminal responsibility."
Note: Reduce the age of responsibility. Paragraph 3 of Article 17: "A person who has reached the age of 14 but is under the age of 18 commits a crime shall be given a lighter or mitigated punishment". Moreover, the death penalty does not apply to such people.
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