specific provision
1, a person who has reached the age of 16 commits a crime and should bear criminal responsibility, which is the age of full criminal responsibility.
2. A person who has reached the age of 14 and 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 should bear criminal responsibility, that is, the relative age of criminal responsibility. People aged 14- 16 who do not commit the above crimes shall not be investigated for criminal responsibility.
3./kloc-People under the age of 0/4 do not bear criminal responsibility, no matter what kind of behavior is harmful to society, that is, the age at which there is no criminal responsibility at all.
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.
5. The age at the time of committing the crime is calculated according to the Gregorian calendar year, month and day. After my first birthday, I will be one year old from the next day.
6. Those who are under the age of 16 shall not be given criminal punishment, and their parents or guardians shall be ordered to discipline them. If necessary, it can also be taken in by the government for reeducation.
7, the trial of juvenile criminal cases, the age of the crime has not been ascertained, and it is related to whether criminal responsibility should be investigated and what kind of punishment should be imposed, it should be returned to the procuratorate for supplementary investigation.
8. People under 18 years of age at the time of committing the crime and women who are pregnant at the time of trial shall not be subject to the death penalty or suspended death sentence.
9, has reached the age of 75 intentional crime, can be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment.
10. The death penalty is not applicable to people who have reached the age of 75 at the time of trial, except those who cause death by particularly cruel means.
Generally speaking, the age of criminal responsibility is the time when the parties can fulfill their civic obligations and clearly identify the facts of the crime. According to Chinese laws, all citizens who have reached the age of 14 should be investigated for criminal responsibility. Although he is a minor at the age of 14, he has clearly thought about the relevant behavior of the individual, so he should bear criminal responsibility, but he can be given a lighter punishment according to the law.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 17 of the Criminal Law
"A person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, causing serious injury, death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility." That is to say, people of relative criminal responsibility age only bear criminal responsibility for the eight serious crimes they have committed, but in judicial practice, we must strictly abide by the principle of a legally prescribed punishment for a crime and must not break this boundary.