According to the police report of Xingping Public Security Bureau, on the evening of October 29th, 2020, six suspects (2 unemployed, 4 vocational school students, from Fuzhai Town, Xingping City), including Liang and Yang, arrested Yuan Mou (male, 15 years old) in Fuzhai Town for hacking his mobile phone number and other trivial matters. On the morning of October 30th, 65438/KLOC-0, people found Yuan dead, and that night they transported Yuan's body to a farmland in Fuzhai Town for burial. At present, six suspects, including Liang and Yang, have been criminally detained on suspicion of intentional injury causing death, and the case is being investigated according to law.
1, on the age of criminal responsibility:
(1) First of all, it is mentioned that China's law on the protection of minors should be updated. In fact, this has nothing to do with the law on the protection of minors, but the age of criminal responsibility in the criminal law.
(2) Secondly, as can be seen from the police report, all six underage teenagers have reached the age of 14.
China's criminal law stipulates three stages of criminal responsibility:
/kloc-minors under the age of 0/4 commit crimes-no criminal responsibility at all.
Minors who have reached the age of 14 and under the age of 16 commit crimes and only commit eight serious crimes, such as intentional homicide and rape-bear criminal responsibility.
Minors who have reached the age of 16 commit crimes-bear full criminal responsibility.
According to Article 17 of the Criminal Law, a person who has reached the age of 16 commits a crime and shall bear criminal responsibility. A person who has reached the age of 14 but 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 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.
-So if you are under the age of 14, then according to the relevant provisions of China's criminal law on the age of criminal responsibility, those who are not criminally responsible will not be detained.
(3) Furthermore, there may be new changes in the age of criminal responsibility in the future: this draft amendment to the Criminal Law has made new adjustments to the age limit of criminal responsibility.
The second draft of the Criminal Law Amendment (XI) was submitted to the the National People's Congress Standing Committee (NPCSC) Conference for deliberation. The draft stipulates that a person who has reached the age of 12 and is under the age of 14 commits the crime of intentional homicide and intentional injury, resulting in death. If the circumstances are bad, with the approval of the Supreme People's Procuratorate, they shall bear criminal responsibility.
2. What kind of punishment may the six minors in the incident face?
In this case, six minors surrounded a minor and buried his body after his death, which was suspected of constituting intentional injury and causing death.
Article 234 of the Criminal Law of our country intentionally hurts another person's body and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
However, from the perspective of sentencing, intentional injury may lead to death. However, in practice, juvenile delinquency will generally be given a lighter punishment depending on the circumstances.
Because according to the law of our country, if a minor commits a crime, life imprisonment can only be applied if the crime is extremely serious.
At the same time, people who are over 14 and under 16 commit crimes and are generally not sentenced to life imprisonment.
Therefore, in the above cases, what kind of punishment the six juvenile suspects may face should be considered according to the specific circumstances of the crime and their age.
For example, in this case, a juvenile criminal suspect over 16 years old is likely to be sentenced to life imprisonment if he constitutes the mastermind principal according to the circumstances.
Generally speaking, the result of the victim's death in this case is very serious from the perspective of crime, and criminal responsibility is inevitable.
Last year, the murder of Dalian 13-year-old girl triggered more and more disputes about the age of criminal responsibility of juvenile offenders. According to the current circular, the responsibility cannot be exempted on the grounds of "not reaching the age of criminal responsibility".
At present, six suspects have been detained in criminal detention, and @ Jingjing Jingjing Jingjing continues to pay attention to the further investigation results of the case.