When calculating the age of a criminal suspect, the age should be calculated from the day after the suspect's birthday. Even if a person aged 65,438+02 commits a crime on his birthday, it should not be considered within the scope of criminal responsibility. According to Article 40 of the Provisions on Several Issues Concerning the Examination and Judgment of Evidence in Handling Death Penalty Cases (hereinafter referred to as the Provisions on Evidence in Death Penalty Cases), in the judicial practice of determining the age of children aged 12- 14, the household registration certificate shall prevail. If the household registration certificate is in dispute, there is a verified birth certificate and the testimony of no interested party to prove that it is not full 12. If it cannot be ascertained, the judicial organ may apply for bone age appraisal.
What is the age of juvenile delinquency?
(a) the age of criminal responsibility refers to the age at which the actor must bear criminal responsibility for his criminal acts according to the law. China criminal law has the following provisions:
1, people who have reached the age of 16 commit crimes and should bear criminal responsibility;
2. A person who has reached the age of 14 and is under the age of 16 shall bear criminal responsibility only if he commits intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or poisoning;
3./kloc-People under the age of 0/4 who commit acts that endanger society shall not be held criminally responsible;
4. A person who has reached the age of 14 but under the age of 18 commits a crime, and shall be given a lighter or mitigated punishment.
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.