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China's minors (children) under the age of 14 can also be investigated for criminal responsibility

Post:2020-12-27    Views:6699    Copy link   
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From March 1, 2021, minors (children) between the age of 12 and 14 who commit the crime of intentional homicide or intentional injury, if the circumstances are bad, may also be investigated for criminal responsibility. In the future, families, primary schools and middle schools need to pay more attention to the legal education of minors and enhance their legal awareness and rule awareness. Previously, juvenile delinquency under the age of 14 is not responsible for criminal responsibility, but in recent years, a number of domestic and foreign juvenile homicide cases under the age of 14 have aroused the attention of all sectors of society to juvenile delinquency, and the relevant provisions have been added to this criminal law amendment to strengthen the warning and control of juvenile delinquency.

Article 1 of the criminal law amendment (11) of the people's Republic of China passed on December 26, 2020 stipulates that:

"If a person who has reached the age of 16 commits a crime, he shall bear criminal responsibility.

"If a person who has reached the age of 14 but not 16 commits the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or dangerous substances, he shall bear criminal responsibility.

"If a person who has reached the age of 12 but not the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious injury by especially cruel means, causing serious disability, and if the circumstances are abominable, and the prosecution is approved by the Supreme People's Procuratorate, he shall bear criminal responsibility.

"A person under the age of 18 who is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs shall be given a lighter or mitigated punishment.

"If no criminal punishment is given because he is under the age of 16, his parents or other guardians shall be ordered to discipline him; when necessary, special corrective education shall be given according to law."


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