1. procedure: the applicant (or guardian) submits an application to the local police station with relevant materials, and the police station reports it to the police station step by step for approval.
Second, the application materials:
1, my household registration book and ID card;
2, the original household registration information of public security organs (including the original birth certificate of medical and health departments, the first three national census data);
3, the original household registration information issued by the police station (explain the reasons for the age registration error).
Three. Time limit for processing: if the materials are complete, the examination and approval shall be completed within 45 working days from the date of acceptance.
It can be seen that when the age of the suspect has little to do with handling the case, it is understandable to calculate according to the age of the ID card. However, if there is evidence that the actual age has not reached the legal age of criminal responsibility, the actual age shall prevail, that is, if the age of the identity card does not match the actual age, the actual age shall prevail. If the actual age has not reached the age of criminal responsibility, it does not constitute a crime. If the actual age has reached the age of criminal responsibility, it constitutes a crime and needs to be convicted and punished according to law.
Evidence of actual age
1, documentary evidence. Documentary evidence includes household registration certificate, birth certificate, epidemic prevention and health care card, student status card, etc. Can be used as a basis for determining the age of the defendant. However, documentary evidence sometimes does not accurately reflect the age of the suspect. Because the household registration management is not in place and the birth certificate issued by the hospital is not standardized, some parents change their children's age accordingly in order to facilitate enrollment in the army.
2. Eyewitness testimony. In the case that some documentary evidence is not available or flawed, the criminal suspect can be identified through his confession and witness testimony. Generally speaking, the testimony of midwives, neighbors' parents born in the same month as the defendant and relatives of the defendant's parents is relatively reliable. If it does not contradict other evidence or is confirmed by other evidence, it can be accepted.
3. Appraisal conclusion. With the progress of modern advanced science and technology, it has become possible to accurately identify a person's age according to the specific laws of his growth and development. Common identification includes bone age identification, tooth identification and so on.
For cases in which minors are suspected of committing crimes, the most important thing is to identify the age of criminal responsibility, because the age of criminal responsibility is directly related to whether a crime is committed or not, and we must attach great importance to it. If the age of the ID card does not match the actual age and there is doubt about the age of criminal responsibility, you can entrust a professional criminal defense lawyer to assist in handling it and carefully identify the actual age.
legal ground
Article 2 China citizens who have reached the age of 16 and live in People's Republic of China (PRC) shall apply for resident identity cards in accordance with the provisions of this Law; China citizens under the age of 16 may apply for resident identity cards in accordance with the provisions of this Law.