The age of criminal responsibility refers to the age at which the actor must bear criminal responsibility for the behavior that endangers society and is prohibited by the criminal law. The criminal responsibility of the elderly belongs to the category of natural person's main crime. China's criminal legislation pays more attention to juvenile delinquency and less attention to elderly delinquency, which is inconsistent with judicial practice and international practice. Many people think that with the growth of age, due to physical and mental reasons, people's criminal responsibility ability is weakening, so the provisions restricting criminal responsibility ability and non-criminal responsibility ability can be applied to the elderly. This view lacks reasonable basis, it is difficult to define the standard of the upper age limit in operation, and the criminal law should not stipulate the upper age limit of criminal responsibility.
Zongheng Law Net-Hubei Shunfeng Law Firm (Chongyang)-Lawyer Pan