Their parents or guardians should be ordered to be strictly disciplined according to law, and their guardians should bear civil liability for compensation! ! !
Age of criminal responsibility
(1) The age of criminal responsibility refers to the age that an actor must reach to commit a criminal act prohibited by the criminal law. If the perpetrator does not reach this age, the behavior he commits does not constitute a crime.
Crime is an act that endangers society by people who have the ability to identify and control under their own subjective will and consciousness. The ability of recognition and control is related to the intellectual development of the actor, so it is bound to be restricted by the age of the actor. Only when they reach a certain age, can they identify and control their own behaviors and have the ability to adapt to criminal law can they be responsible for their harmful behaviors. Therefore, the criminal law determines the age system of criminal responsibility according to the relationship between age factors and responsibility ability.
The age system of criminal responsibility in China's criminal law mainly solves the problem of criminal responsibility of people of different ages, and also stipulates the principle of lenient punishment for juvenile offenders.
(2) the division of the age of criminal responsibility. According to Article 17 of the Criminal Law, the age of criminal responsibility can be divided into the following three stages:
First, there is no criminal responsibility at all.
Article 17 of the Criminal Law stipulates that a person under the age of 14 shall bear no criminal responsibility at all. /kloc-people under the age of 0/4 are not fully developed physically and intellectually, and do not have the ability to identify and control their own behaviors, so they do not have the ability to be responsible.
If 14 is under the age of 0, its parents or guardians shall be ordered to strictly discipline according to law. Those who are close to 14, such as 12 to 13, can also be taken in for education by the government.
B. Relative age of criminal responsibility
Paragraph 2 of Article 17 of the Criminal Law stipulates that a person who has reached the age of 14 and is under the age of 16 is at the age of relative criminal responsibility, and has certain ability to identify and control, that is, to identify and control certain behaviors that seriously endanger society.
Paragraph 2 of Article 17 of the Criminal Law stipulates the age of relative criminal responsibility and eight acts for which the perpetrator should bear criminal responsibility, that is, those who commit acts with relative criminal responsibility, such as intentional homicide, intentional injury causing serious injury, death, rape, robbery, drug trafficking, arson, explosion, and throwing dangerous substances, should bear corresponding criminal responsibility.
For example, a person who is relatively criminally responsible commits kidnapping and then kills the kidnapped person, he should bear criminal responsibility and be convicted of kidnapping.
C. age of full criminal responsibility
Article 17 1 of the Criminal Law stipulates that a person who has reached the age of 16 shall bear criminal responsibility for committing a crime. Because minors who have reached the age of 16 have developed physically and intellectually, and have the ability to identify and control their own behaviors. Therefore, the criminal law requires him to bear criminal responsibility for the harmful acts that violate the criminal law.
(3) Determination of the age of criminal responsibility
The age stipulated in the criminal law refers to full age, not nominal age. Full-time age is calculated in days, and the calculation method of one year is: one year should be calculated in Gregorian calendar year, month and day. From the day after my birthday, I think how old I am.
(4) Handling of juvenile criminal cases
The physiological and psychological characteristics of minors are not only easy to be influenced and induced to commit crimes, but also plastic and easy to receive education and reform. Therefore, from the fundamental purpose of punishment, combined with the characteristics of juvenile delinquency, China's criminal law has adopted the following two important principles in dealing with juvenile delinquency cases:
First, the principle of lenient punishment
Paragraph 3 of Article 17 of the Criminal Law stipulates: "A person who has reached the age of 14 but is under the age of 18 commits a crime shall be given a lighter or mitigated punishment." Note that this is "should" rather than "can". That is, it must be lightened or lightened. Leniency is relative to adult crime.
B, the application principle of excluding the death penalty
Article 49 of the Criminal Law stipulates: "People who are under 18 years old at the time of committing a crime and women who are pregnant at the time of trial are not subject to the death penalty." "Death penalty is not applicable" means that it is not allowed to be sentenced to death, including death with a reprieve.
2. Capacity for criminal responsibility
(1) concept of criminal responsibility ability
The ability of criminal responsibility refers to the ability of the actor to identify and control his own behavior in the sense of criminal law, that is, the ability of the actor to identify and control his own behavior.
Generally speaking, people who reach a certain age naturally have the ability of criminal responsibility as long as their intelligence develops normally. Of course, due to mental state and physiological function defects, criminal responsibility ability may not be available, lost or weakened.
(2) Types of criminal responsibility ability
According to the provisions of China's criminal law and judicial practice, the criminal responsibility of the actor can be divided into the following four categories:
First, full criminal responsibility. That is, anyone who is over 18 years old has sound mental and physiological functions and normal intellectual and knowledge development.
B, no criminal responsibility at all. Including the following two situations:
First: the actor is under the age of criminal responsibility, that is, the person under 14 years old.
Second: although the perpetrator has reached the age of criminal responsibility, he cannot be identified and controlled because of mental illness. Articles 17 and 18 of China's criminal law stipulate this, please look it up yourself.
C, relatively no criminal responsibility. It refers to the situation that the actor is only criminally responsible for eight serious crimes clearly stipulated in the criminal law, and is not criminally responsible for other crimes that are not clearly stipulated. In the criminal law, a person who is relatively incapable of criminal responsibility is a minor who has reached the age of 14 but is under the age of 16.
D. ability to mitigate criminal responsibility. Also known as limited criminal responsibility ability, it is an intermediate state between complete criminal responsibility ability and complete lack of criminal responsibility ability. It refers to the situation that the actor's ability to identify and control his own behavior is weakened or reduced to a certain extent when he carries out the harmful behavior prohibited by the criminal law because of his age, mental state, physiological function defect and other reasons.
China's criminal law clearly stipulates that there are four types of limited liability persons:
First: minors who have reached the age of 14 but have not reached the age of 18.
Second: deaf people.
Third: the blind.
Fourth: mental patients who have not completely lost their ability to identify or control.