Do minors still need to bear criminal responsibility after committing crimes?

Do minors still need to bear criminal responsibility for committing crimes as adults? Minors who have not reached the age of criminal responsibility at the time of committing a crime shall not be investigated for criminal responsibility, but their guardians shall bear civil liability, and shall not be investigated for civil liability until they reach the age of 18. If a criminal has not passed the period of criminal prosecution after he becomes an adult, he may be investigated for criminal responsibility. How does China's criminal law stipulate juvenile delinquency? Juvenile delinquency refers to criminal acts committed by people who are over 14 years old but under 18 years old. /kloc-A person under 0/4 years of age who commits a crime prescribed by law is not considered a crime and will not bear criminal responsibility. People who have reached the age of 14 but under the age of 16 only commit intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or poisoning, which constitutes a crime and requires criminal responsibility. Minors who commit the above acts before 14 years old and between 14 years old and 16 years old shall only bear criminal responsibility for the acts between 14 years old and 16 years old. The acts before 14 years old do not constitute a crime and cannot be investigated for criminal responsibility as a crime. Minors who have reached the age of 16 commit crimes stipulated by law, which constitute crimes and need to bear criminal responsibility. If a minor commits other criminal acts before and after reaching the age of 16, only the minor's acts after reaching the age of 16 will be investigated for criminal responsibility, and the acts before 16 will not be investigated as crimes. What are the principles for dealing with juvenile delinquency? 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 under the age of 18 commits a crime shall be given a lighter or mitigated punishment", and a person who has reached the age of 14 but under 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. 2. 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 were under 18 years old at the time of committing crimes and women who were 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. 3. The principle 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. 4. The principle of case handling refers to the separation of litigation, detention and execution of minor cases and adult cases. 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. 5. The principle of protecting the litigation rights of minors according to law In the process of criminal proceedings, minors should not only protect their litigation rights as any criminal suspect or defendant as stipulated in the Criminal Procedure Law, but also pay attention to conscientiously implementing some special rights they enjoy as 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. 6. The principle of non-public hearing The principle of non-public hearing refers to the fact 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." 7. The principle of comprehensive investigation The principle of comprehensive investigation means that judicial personnel can't just proceed from the purpose of punishment and be satisfied with the investigation of the facts and evidence of the case when dealing with juvenile cases. 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. 8. The principle of quickness and conciseness refers to shortening the time as much as possible, improving the efficiency of litigation, simplifying procedures and trying to close the case as soon as possible in handling juvenile cases at all stages of litigation. 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. According to China's criminal law, minors under the age of 14 have absolutely no age of criminal responsibility, and have no ability to identify and control themselves. Those who commit crimes under the age of 14 will not be held criminally responsible. When they are adults, they can be investigated for criminal responsibility if the lawsuit is still valid. Nowadays, influenced by TV and other media, juvenile delinquency is getting younger and younger. Whether the age of juvenile delinquency in criminal law is reduced needs further study and discussion.