According to Article 17 of the Criminal Law, whether a party should bear criminal responsibility for his actions should be determined according to his age, that is, the age of criminal responsibility.
According to the provisions of this article, 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 and is under the age of 16 commits the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility. If the party concerned is under the age of 14, no matter what kind of behavior is carried out, it does not meet the requirements of the age of criminal responsibility and will not bear criminal responsibility according to law.
After a criminal case is put on file, if it is found that the suspect is under 14 years old and has not reached the age of criminal responsibility, he may not be investigated for criminal responsibility, and the case shall be dismissed according to the provisions of Article 161 of the Criminal Procedure Law.
criminal law
Article 17 A person who has reached the age of 16 and is criminally responsible shall be criminally responsible if he commits a crime.
A person who has reached the age of 14 but under the age of 16 commits the crimes of intentional homicide, intentional injury, causing serious injury or death, rape, robbery, selling toxic substances, 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.
Criminal procedure law
Article 161 In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.