Judicial examination of the criminal law of the age of criminal responsibility

The age of criminal responsibility of criminal law judicial examination

2009-1-22 10:4 source: Legal Education Network

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The basic concept:

1 absolute period without criminal responsibility (no time criminal responsibility): under the age of 14, in fact, any actions do not constitute a crime, so could not bear criminal responsibility.

2 negative period relative criminal responsibility: over 14 years of age under 16 years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne.

3 completely negative period of criminal responsibility (full capacity of crime period): full 16 years of age who commits a crime, he shall bear criminal responsibility.

The basic theory:

1 intentional homicide and intentional injury causing serious injury or death, includingThe criminal lawSpecific provisions on the crime of intentional homicide, the crime of intentional injury (to injured degree) as the case.

2 rape include rape women and carnal knowledge of a child. March 15, 2002 "on the implementation of the criminal law to determine the high charge Supplementary Provisions", the carnal knowledge of a child's behavior is determined as the crime of rape, cancel the crime of carnal knowledge of a child.

8 kinds of crime stipulated in the second paragraph seventeenth of the 3 criminal law, refers to the specific criminal acts but not the specific charges. Therefore, if a behavior has over 14 years of age under the age of 16 by the implementation of the 8 kinds of crime, it shall be investigated for criminal responsibility. For example, the full 14 years of age under the age of 16 in the process of kidnapping murder set of intentional homicide. Instead of the crime of kidnapping, because the crime of kidnapping is not included in the above 8 kinds of crime. Also, the full 14 years of age under 16 years of age who robbed the guns, ammunition, explosives, hazardous substances convicted of robbery.

4 according to the expertCivil lawHospital in January 11, 2006 "on the trial of criminal cases of minorsLawInterpretation of several issues "were 14 and 16 years of age people who implement the provisions of this article, if at the same time under this clause shall be determined in accordance with the charges, the provisions of this clause, the conviction and punishment. As has been over 14 years but less than 16 years of the implementation of the water act will cause death, should be in the murder investigation of his criminal responsibility.

5 poisoning include poisonous, radioactive, infectious disease pathogens and other substances.

The 6 mentioned in this article refers to the implementation of crime at age (rather than the results appear), crime person's chronological age.

7 of all crime, no matter how the harm degree, has over 14 years of age under the age of 16 are not bear criminal responsibility.

The 8 were fourteen and sixteen years of age who occasionally have sex with young girls, if the circumstances are minor, causing no serious consequences, not deemed a crime.

9 for the full 14 years of age under 18 years of age crime, two principles should be followed: one is the application of punishment should (must) be given a lighter or mitigated punishment; two is the application of the death penalty.

10 for under 16 years of age are not subject to criminal punishment, how to deal with, first consider their parents or guardian shall be ordered strict discipline, secondly, when necessary, can also be taken in by the government.

On the basic codeThe law:

Article seventeenth of the criminal law of the age of criminal responsibility [] has over sixteen years of age who commits a crime, he shall bear criminal responsibility.

Over fourteen years of age under sixteen years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne.

The full fourteen years of age under the age of eighteen crimes, shall be given a lighter or mitigated punishment.

Under sixteen years of age are not subject to criminal punishment, his parents or guardian shall be ordered to discipline; when necessary, can also be taken in by the government.

And the relevant judicial interpretation or other relatedLaws and regulationsRegulations.

In July 24th, the NPC Standing Committee, "1.2002 years of reply on the full 14 years of age under 16 years of age who bear the criminal liability problem."

In January 11th 2.2006, the Supreme People's court "on the trial of juvenile criminal case concrete application law interpretation of several issues"

Reply on issues related to the scope of criminal responsibility to bear corresponding criminal responsibility age people in April 18th 3.2003, the Supreme People's Procuratorate law and Policy Research Office ""

In February 21st 4.2000, the Supreme People's Procuratorate "about" age identification "whether can determine the age of criminal responsibility as the reply of evidence on the use of"

In September 20th 5.1983, the Supreme People's court "on several issues of specific application of the law court for trial of serious criminal cases."

[example] 1 · multiple-choice Ding abetting 17 year old xiaomou rob someone's mobile phone, xiaomou in snatch succeed, for resisting arrest will come after the victim into seriously. About the case, which of the following statements is true? () (2007, Volume II, sixtieth questions)

A. Ding constitutes a crime abetting crime

B. xiaomou constitute transformed robbery

C. on Ding abetting xiaomou crime shall be given a heavier punishment

D. Ding between one and xiaomou does not constitute a crime

Answer: ABC

D: subject of crime, joint crime

Analytic: Ding Mou behavior: abetting under the age of 18 snatch, constitutes a crime, the instigator, and in accordance with the "provisions of the criminal law" in article twenty-ninth, shall be given a heavier punishment. Xiaomou behavior: committed robbery crime, to resist arrest and uses violence on the spot, to robbery. According to the common crime theory, Xiao and Ding in the crime of seizing range accomplice.

[example] 2 · MCQs are over 14 years but less than 16 years of the implementation of which of the following acts shall bear criminal responsibility? () (2006, Volume II, fifty-first questions)

A. involved in transporting people to secretly cross the national boundary (border) environment, caused by the carrier of death

B. is involved in the kidnapping, causing the death of the hostage

C. is involved in forced prostitution prostitution as a group, forcing women to women, rape behavior

D. is involved in smuggling, smuggling and in the process of violence to resist anti smuggling, smuggling personnel injury caused by

Answer: CD

D: negative age of relative criminal responsibility

Analysis: according to Article seventeenth of the criminal law, has over 16 years of age who commits a crime, he shall bear criminal responsibility. Over 14 years of age under 16 years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne. The eight kinds of crime refers to the crime rather than specific charges. Therefore, CD should be. AB as long as it does not implement the murder, intentional injury causing death, cannot be prosecuted for criminal responsibility.

[example], the 3 a 15 years old, one side of the town of middle school students in china. A and B go to school together, picked up a purse on the way. After opening, found that there were 1000 yuan and 4 small bags of white powder. Armour says: "there is Chinese 'heroin' and English'heroin'and'50g'" this bag. I've seen it on TV, it is white, we sell it, also a fortune." Two and 4 bags of white powder. A first and a bag of white powder sold and others, in the school organization to neighboring countries travel, carry a bag of white powder and in the overseas sale. A behavior: () (2004, Volume II, sixth questions)

A. constitute a crime of smuggling drugs

B. constitute the crime of illegal possession of drugs

C. constitute the crime of drug trafficking

D. constitutes a crime of smuggling, drug trafficking

Answer: C

Venue: the subject of crime

Analysis: over 14 years of age under 16 years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, crime of throwing dangerous substance, he shall bear criminal responsibility.

[example] 4 · adventitious choose the following statements is not true: () (2004, Volume II, eighty-sixth questions):

Maximum statutory penalty of A. of article 266th of the criminal law of the crime of fraud is life imprisonment, the maximum statutory penalty provisions of article 198th of the crime of insurance fraud for a period of 15 years. In order to keep the criminal law coordination and implementation of the principle of suiting punishment, especially huge amount of insurance fraud, fraud should be punished

B. according to the provisions of article 358th of the criminal law, "rape forced prostitution" the establishment of forced prostitution sin, not a combined punishment for several crimes. The full 14 years of age under the age of 16, together with others, the rape of women after the forced prostitution, and he shall not bear criminal responsibility; because the article seventeenth of the criminal law does not provide the full 14 years of age under 16 years of age should bear the criminal responsibility of forced prostitution sin

C. article 382nd of the criminal law stipulated the ordinary citizens and the State functionaries hook together with corruption, by the accomplice, therefore, ordinary citizens can constitute the crime of corruption and the national staff accomplice; Article 385th of the criminal law for the crime of bribery no similar provision, therefore, ordinary citizens may not constitute the accomplice of bribery of national staff

The provisions of the 4 paragraph of article 399th of the criminal law of D., "the judicial personnel to accept bribes" favoritism and other behavior, in accordance with the provisions of punishment heavier punishment. However, the judicial staff bribery and favoritism and other behavior, it should be combined punishment for several crimes

Answer: B

Point: the principle of legal prescription, forced prostitution and rape crime, the subject of joint crime

Analysis: option B is false, eight kinds of criminal provisions in the second paragraph seventeenth of the criminal law, refers to the specific criminal acts but not the specific charges. "The crime of intentional homicide, intentionally causing serious injury or death", is that as long as the intentionally murder, violence and caused serious injuries, death, shall be subject to criminal liabilities. To appear in judicial practice has over 14 years of age under the age of 16 hostages after killing the kidnapped person, trafficking in women and children, and the intent to cause was severely injured trafficking in women and children, or death according to the criminal law is the behavior, shall be investigated for criminal responsibility; the full 14 years of age under the age of 16 having sexual intercourse with a minor, or in the process of trafficking in women and children, the rape of women or carnal knowledge of a child, should also be investigated for criminal responsibility.

[example] 5 · multiple-choice questions on which of the following situations shall be investigated for criminal responsibility? () (2002, volume forty-first)

A.15 years of age a in the affray in death

B.15 years of age by illegal detention of a person to use violence cause disability

C.15 years of age C trafficking in 8000 grams of heroin

D.15 years old Ding violence carnal knowledge of a child

Answer: ACD

Venue: the age of criminal responsibility is the conversion of some special where the behavior to the crime of intentional homicide, the crime of intentional injury

Analysis: "criminal law" the seventeenth paragraph second: "the full 14 years of age under 16 years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking; fire, explosion, poisoning crime, criminal responsibility shall be borne." "Criminal law" the 292nd paragraph second: "the crime of affray, causing serious injury, death, in accordance with the provisions of law 234Th, article 232nd convicted and punished." It is in accordance with the crime of intentional injury, intentional homicide conviction and punishment. The A item, "15 years of a in the affray in death", already constituted the crime of intentional homicide, therefore a shall bear criminal responsibility. The B item, "15 years B illegal detention of a person to use violence cause disability, disability and serious injury" is not a concept, cause disability can not be identified as causing serious injury, so B shall not bear criminal responsibility. The C item, "15 years of propylene selling 8000 grams of heroin", C clearly constitutes the crime of drug trafficking, so C shall bear criminal responsibility. According to the Supreme People's court "on issues concerning the trial of rape case explanation" provisions, has over 14 years of age under 16 years of age, and the young girl sex crime, in order to rape conviction and punishment. The D item, "15 year-old Ding violence fornication with an underage girl", should be in accordance with the crime of rape conviction and punishment, so C should bear criminal responsibility. So ABCD four are correct.

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The age of criminal responsibility

Age of criminal responsibility

The age of criminal responsibility law refers to act on their ownCriminal behaviorBear criminal responsibility must reach the age.ChinaCriminal law regulations.

Definition

Legal description

The law of our country has the following provisions:

1, the full 16 years of age who commits a crime, he shall bear criminal responsibility, which is completely negativeCriminal responsibilityAge.

2, has over 14 years of age under 16 years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, crime of throwing dangerous substance, he shall bear criminal responsibility, is the relative age of criminal responsibility. 1 4 years of age, 16 years of age who do not make the crime, no criminal responsibility.

3, under the age of 14, regardless of the implementation of what kind of harm the social behavior, do not bear criminal responsibility, which is not completely negative the age of criminal responsibility.

4, the full 14Years of ageUnder the age of 18 crimes, shall be given a lighter or mitigated punishment.

5, implementing the crime age, all in accordance with the Gregorian calendar year, month, day. After the birthday, starting from the second day, as the full mane years.

6, under 16 years of age are not subject to criminal punishment, his parents ordered orGuardianTo discipline, when necessary, can also be taken in by the government.

7, the trial of criminal cases of minors, not known at the time of the crime and is related to the age, should be investigated for criminal responsibility and sentenced to the punishmentIn cases of public prosecution, shall be returnedProcuratorateSupplementary investigation.

8, when a crime under the age of 18 and trial of the pregnant women, do not apply the death penalty and execution.

9, has over 75 years of age of the intentional crime, can be given a lighter or mitigated punishment; criminal negligence, shall be given a lighter or mitigated punishment.

10, the trial has attained the age of 75 years, the application of the death penalty, but by especially cruel means death caused exception.

The age of criminal responsibility significance

Determine what age began to bear criminal responsibility, is one of the important problems of criminal legislation, criminal liability because the age is one of the main elements of criminal responsibility. From the ChinaThe criminal lawProvisions, the age of criminal responsibility will be divided into three stages, one is the full sixteen years of age who commits a crime, he shall bear criminal responsibility, criminal responsibility is completelyAgeStage; two is the full fourteen years of age under the age of sixteen, eight kinds of crimes in criminal law, he shall bear criminal responsibility, as the relative age of criminal responsibility; three are under the age of fourteen no matter what the implementationHarmSocial behavior, do not bear criminal responsibility, is not negative the age of criminal responsibility. China criminal law stipulate crimes in this age, the purpose is to effectively care for the healthy growth of children, for they harm behavior, giving priority to education, supplemented by punishment policy, focusing onEducation,Reform,SaveEven for the extremely few, nonPunishmentNot for punishment, its purpose is toEducation. Therefore, the provisions of the criminal China age is not only a science, but also the reasonable.

Crime of younger age problems have become increasingly prominent, cruel, and the criminal means serious consequences, trends adult crime. For the younger age crime should cause widespread concern and attention of the whole society. How to solve the problem of juvenile delinquency problem, is a topic worth studying. The cause of juvenile delinquency is various, but the main reason is the minorPhysiology PsychologyIn an immature and unstable twilight state,ImmuneAbility is relatively poor, not only the lack of ability to tell right from wrong, but also easy to lure and erosion by the bad social mood and some illegal behavior, they find the curiosity and excitement of the psychological drive, easy is deceived; secondly, social care and family education is also a to be ignored, for juvenile delinquency, for society, more is the emergence of discrimination, family, has the reason too much, there are lack of family warmth results.

If the lower the age of criminal responsibility as one way to cut the minor crime, isNo overall plan for a fundamental transformation, is a short-term behavior, not only can not fundamentally solve the problem, but will increase combat range, will enable more minor was included in the criminal investigation of sight, adjusted by the criminal law. Therefore, criminal amendment to the criminal law by age to curb juvenile delinquency, is to expand the special preventive function of criminal law, it not only to the whole society, but also for the juvenile growth in the future is also very bad, can say, is only a negative behavior to reduce the age of criminal responsibility in practice, do not meetSocial developmentRequirement.

No negative phase of the age of criminal responsibility

According to the provisions of the criminal law, under fourteen years of age is no responsibility. Therefore, under the age of fourteen no matter what the law profit violation behavior implementation, do not bear criminal responsibility.

Relative criminal liability age

According to the provisions of article second of criminal law in China seventeenth ", has over fourteen years of age under the age of sixteen; the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, bombing,Criminal poisoningThe, shall bear criminal responsibility." therefore, has over 14 years of age under 16 years of age is the age of criminal responsibility is negative.

The provisions of the criminal law on the full 14 years of age under 16 years of age should be eight kinds of charges of criminal responsibility of the plaintext lists, for the judicial department to correctly solve the full 14 years of age under the criminal liability of the person under the age of 16 provides the legal basis. However, there are still the following two ambiguous problems in judicial practice: (1) the eight chargesThe crime of rapeWhether to include the carnal knowledge of a child? In December 9, 1997Supreme People's court"Regulations" implementation of people's Republic of China Criminal Law > define the crime of carnal knowledge of a child, is an independent crime different from the crime of rape. According to the judicial interpretation, crime of carnal knowledge of a child is obviously difficult to contain in the crime of rape. But in February 24, 2000, the Supreme People's court "on issues concerning the trial of rape case explanation" stipulates: "for the full fourteen years of age under the age of sixteen, and the youngest daughter sexual relations, which constitutes a crime, in accordance with the provisions of article seventeenth of the criminal law, article 236th paragraph second, in order to rape conviction and punishment." This judicial interpretation for the full 14 years of age under the criminal responsibility of carnal knowledge of a child under the age of 16 human behavior, according to the crime of rape conviction and punishment. But 16 years of age and older people still set the carnal knowledge of a childCrime of carnal knowledge of a childHence, the same behavior in accordance with the behavior of people of different ages and identified as the contradiction of different charges. Therefore, in March 15, 2002 the Supreme People's court,The Supreme People's Procuratorate"On the implementation of people's Republic of China Criminal Law > supplementary provisions to determine" accusations expressly abolished the crime of carnal knowledge of a child, having sexual intercourse with a minor behavior to rape crime, so as to solve this problem. (2) the eight charges ofThe crime of intentional homicideWhether to include the crime of kidnapping in the killing of kidnapped behavior? This kills the kidnapped behavior is an intentional homicide, but this kind of intentional homicide behavior included in the kidnapping crime. In accordance with the understanding on the full 14 years of age under the age of 16 to implement this behavior, not in accordance with the criminal responsibility of the crime of intentional homicide. For this problem, in July 24, 2002 the National People's Congress Standing Committee "on the full fourteen years of age under sixteen years of age for criminal responsibility of question answer opinion" (hereinafter referred to as the "opinions") is defined as follows: "in article seventeenth of the criminal law in the provisions of 'the crime of intentional homicide, intentionally causing serious injury or death', is that as long as the intentionally murder, violence and caused serious injuries, death, shall be subject to criminal liabilities. Not only committed intentional homicide,The crime of intentional injury, criminal liability, kidnap and murder, and he shall not bear criminal responsibility. To appear in judicial practice has over 14 years of age under the age of 16 hostages after killing the kidnapped person, trafficking in women and children, and the intent to cause was severely injured trafficking in women and children, or death according to the criminal act, shall be investigated for criminal responsibility is." According to the provisions of the "opinion". The provisions in the second paragraph of the criminal law seventeenth is the eight kind of behavior rather than eight charges, which determine the scope has over 14 years of age under 16 years of age of criminal responsibility for the people, can not be said that a further explanation, the full 14 years of age under the age of 16 person of criminal responsibility for the scope is in an indeterminate state to a certain extent.

Reduce the phase of the age of criminal responsibility

China's criminal law seventeenth provisions of the third paragraph: "the full fourteen years of age under the age of eighteen crimes, shall be given a lighter or mitigated punishment." Visible, has over fourteen years of age under eighteen years of age is the age of criminal responsibility ability reduce stage. This is the minor crime lighter or mitigated punishment legal circumstances, indicates that China's criminal law on juvenile criminal policy spirit crime lenient punishment. China's criminal law provisions of the fourth paragraph: "seventeenth under sixteen years of age are not subject to criminal punishment, his parents or guardian shall be ordered to discipline; when necessary, can also be taken in by the government." Reformatory here is a kind of security measures do not bear criminal responsibility of minors.

Fully bear criminal responsibility age

China's criminal law seventeenth the provisions of the first paragraph: "the full sixteen years of age who commits a crime, he shall bear criminal responsibility." Visible, at least 16 years of age, is the age of criminal responsibility is completely.

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