Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in Handling Juvenile Criminal Cases 1. Determination of minors' criminal responsibility capacity Age juvenile crime refers to the criminal acts committed by people who are over 14 years old but under 18 years old. The age at the time of the crime is calculated according to the Gregorian calendar year, month and day. After my first birthday, from the second day of junior high school, I have finished the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in Handling Juvenile Criminal Cases. 1. With regard to the determination of the age of criminal responsibility of minors, juvenile delinquency refers to criminal acts committed by people who are over 14 years old but under 18 years old. The age at the time of the crime is calculated according to the Gregorian calendar year, month and day. After my first birthday, I will be xx years old from the next day. In the trial of juvenile criminal cases, the age of the defendant at the time of committing the crime should be taken as an important fact to find out. The legal document shall indicate the date of birth of the minor defendant. The age of the juvenile defendant at the time of committing the crime has not been ascertained, but a public prosecution case related to whether criminal responsibility should be investigated and what punishment should be imposed should be returned to the people's procuratorate for supplementary investigation. Two. Application of the second paragraph of Article 14 of the Criminal Law According to the provisions of the second paragraph of Article 14 of the Criminal Law, a person who has reached the age of 14 and is under the age of 16 commits murder, serious injury, robbery, arson, habitual theft or other crimes that seriously disturb social order shall bear criminal responsibility. The specific determination of the criminal responsibility of the defendant who is over 14 and under 16 should be carefully considered according to the circumstances of the case. (1) A person who has reached the age of 65,438+04 but is under the age of 65,438+06 is coerced or tricked into committing a crime, instigated to commit a crime, or participated in the preparation, suspension or attempted crime. If the circumstances are general, it may be exempted from punishment or not recognized as a crime. (2) The following circumstances shall not be deemed as crimes: people over the age of 65,438+0, 65,438+04, and under the age of 65,438+06 bully the small, bully the weak, use language threats or use slight violence to force other minors to ask for living, school supplies or money; 2. A person who has reached the age of 14 and under the age of 16 steals property, and the amount has just reached or skipped the standard of "huge amount", and other circumstances are minor, belonging to the first offense or occasional offense; Stealing the property of a close relative, and the close relative does not demand that the defendant be convicted and punished; 3./kloc-people over 0/4 years old/kloc-people under 0/6 years old occasionally have sexual relations with young girls, and the circumstances are minor and have not caused serious consequences. (3) If a minor commits a criminal act as stipulated in the second paragraph of Article 14 of the Criminal Law before the age of 14 and between the age of 14 and the age of 16, he shall be investigated for criminal responsibility for the act committed during the age of 14, but under the age of 16. Minors who commit other criminal acts before and after reaching the age of 16 shall be investigated for criminal responsibility for their acts after reaching the age of 16, and should not be investigated for acts committed before reaching the age of 16 as crimes. Three. The principle of "education first, punishment second" should be adhered to when applying punishment to juvenile offenders. (1) Application of the Penalty of Deprivation of Political Rights For juvenile criminals who commit the crime of seriously disrupting social order, the penalty of deprivation of political rights is generally not imposed, except those who are sentenced to life imprisonment or suspended sentence according to law. For juvenile criminals, deprivation of political rights should not be applied alone. (2) Application of Lighter Punishment and Mitigation If a minor criminal is given a lighter punishment according to law, he shall be sentenced to a lighter punishment or a shorter fixed-term imprisonment within the statutory punishment range; If the punishment is mitigated according to law, it shall be below the statutory minimum punishment. In the specific sentencing, we should not only consider the facts of the crime, the nature of the crime and the degree of social harm, but also fully consider the juvenile's criminal motivation, age at the time of committing the crime, whether he is a first-time offender, an occasional offender or a recidivist, his position and role in the same crime, and his unrepentant guilt and consistent personal performance after committing the crime, so as to decide whether to apply a lighter punishment or a lighter punishment or a lighter punishment range, so that the sentenced punishment is conducive to the reform and healthy growth of juvenile criminals. (III) Application of Probation If a juvenile criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years shows remorse after committing a crime, and his family members have guardianship conditions or can implement social assistance and education measures, and believe that the application of probation will not really harm society again, probation shall be applied. In any of the following circumstances, probation is generally not applicable: recidivism, criminal record or reeducation through labor for more than two times; * * * The principal in the same crime with serious circumstances; Refused to plead guilty after committing a crime. (4) The provisions of Article 32 of the Criminal Law shall be generally applied to exempt first-time offenders and occasional offenders who have minor crimes and good repentance, and are exempted from criminal punishment: prepared offenders, discontinued offenders, over-defensive, over-hedging, accomplices in the same crime, coerced accomplices, surrenders after committing crimes or has rendered meritorious service. Those who are exempted from criminal punishment may be reprimanded or ordered to make a statement of repentance, apologize and compensate for the losses, or suggest that the relevant competent departments give administrative sanctions. Browse the full text on this page (2 pages in total) Previous Page 12 Next Page.
Legal objectivity:
Minors refer to those who have reached the age of 14 but are under the age of 18. The applicable procedure for investigating the criminal responsibility of minors is juvenile criminal proceedings. What is the criminal procedure for minors? According to China's criminal law, a minor refers to a person who has reached the age of 14 and is under the age of 18. Juvenile delinquency is an act that endangers society and violates the criminal law, and should be punished. The procedure applicable to investigating the criminal responsibility of minors is the juvenile criminal procedure. There is no special legislation on criminal procedure of juvenile delinquency in China, but it is scattered in relevant chapters of the Criminal Procedure Law. Juvenile delinquency is not tried in public; Minors under the age of 65-438+08 can be informed that their legal representatives are present at the trial and trial; The legal representative of a minor has an independent right of appeal against the judgment or ruling of first instance; If a minor fails to entrust a defender during the trial, he shall appoint a defender for him. In addition to the relevant provisions of the Criminal Procedure Law/KOOC-0/99/KOOC-0/Law on the Protection of Minors/KOOC-0/999 Law on the Prevention of Juvenile Delinquency/KOOC-0/June 2006 Provisions of the Supreme People's Court on the Trial of Juvenile Criminal Cases/KOOC-0/965438 Supplementary Work on Handling Juvenile Criminal Cases/KOOC-0/965438, while legislating the criminal procedure for juvenile delinquency, Since the first juvenile court was established in Changning District Court in 1984, more than 2,500 juvenile courts have been established in China, and the the Supreme People's Court and the higher people's courts have set up guidance groups for juvenile courts. At present, more than 7,500 judges are engaged in juvenile justice, and more than 9,000 people's jurors have been invited. A juvenile criminal justice system with China characteristics was initially established, and the work of correcting, reducing and preventing juvenile delinquency was strengthened by combining education with trial and punishment. According to the Supreme People's Court's "Several Provisions on the Trial of Juvenile Criminal Cases", the scope of cases accepted by juvenile courts includes: (1) cases in which the defendant was under the age of 18 when he committed the alleged crime; (2) The defendant was under the age of 18 when he committed the alleged crime and was accused of being the ringleader or principal offender; And other criminal cases involving juvenile defendants or other criminal cases involving minors shall be decided by the president of our hospital according to the actual situation of juvenile court work.