Minors may need to bear criminal responsibility for committing crimes, and those who have reached the age of 16 should bear criminal responsibility for committing crimes. 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.
The above provisions on the age of criminal responsibility in China's criminal law have solved the problem of determining a crime. Considering that minors are determined by their physiological and psychological characteristics, there are two important and special principles in handling juvenile criminal cases, which are not only easy to be influenced and lured to commit crimes, but also flexible and easy to receive education and reform. Therefore, starting from the fundamental purpose of applying punishment in China and considering the characteristics of juvenile offenders, China's criminal law has the following two important and special principles:
1, lenient punishment principle. That is, if a crime is committed against a person who has reached the age of 14 and is under the age of 18, the punishment shall be given a lighter or mitigated punishment. That is to say, people who are over 14 and under 18 must be given a lenient punishment, which is a legal situation. Whether or not to be lightened or mitigated and the degree of mitigation shall be determined by the judicial organs according to specific cases.
2. The principle of not applying the death penalty. Article 49 of the Criminal Law stipulates that the death penalty is not applicable to people who are under the age of 18 at the time of committing a crime. The "death penalty is not applicable" here means that the death penalty is not allowed, not that the death penalty will not be executed, nor that the death penalty will be sentenced or executed after reaching 18 years old. This is a principle requirement.
In addition, according to the fourth paragraph of Article 17 of the Criminal Law, those who are under the age of 16 will not be punished, and their parents or guardians will be ordered to discipline them; When necessary, it can also be taken in for reeducation by the government. If economic losses are caused to others, the parents or guardians of minors shall also be responsible for compensation. I. Circumstances in which minors may not be sentenced
According to the provisions of Article 2 of the Interpretation of the Supreme People's Court Higher People's Court on Several Issues Concerning the Application of Laws in Handling Juvenile Criminal Cases, the following circumstances may be exempted from punishment or not considered as crimes:
First of all, people who are over 14 and under 16 are coerced, lured to participate in crimes, instigated to commit crimes, or belong to the preparation, suspension or attempt of crimes. If the circumstances are general, it may be exempted from punishment or not recognized as a crime.
Second, it may not be regarded as a crime under the following circumstances:
People above 1, 14 but below 16 bully the small with the big, bully the weak with the strong, use language threats or use slight violence to forcibly demand other minors' 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.
I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.
Legal basis: Article 17 of the Criminal Law of People's Republic of China (PRC).
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 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility.
If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment 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 other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law.