Criminal responsibility. 2. A person of relative age of criminal responsibility, that is, over 14 but under 16, who commits the crime of intentional homicide, intentional injury, causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, shall bear criminal responsibility. In addition to the above charges, those who are under the age of 16 and have not been subjected to criminal punishment shall be ordered to be disciplined by their parents or guardians, and may also be taken in by the government for reeducation if necessary.
3. Reduce the age of criminal responsibility, that is, those who have reached the age of 14 but under 18 commit crimes, and should be given a lighter or mitigated punishment. 4. People who have reached the age of full criminal responsibility, that is, 16 years old, will bear criminal responsibility for committing any crime. However, the death penalty is not applicable to those who are under the age of 18 at the time of committing the crime. Second, the witness testimony of the age of criminal responsibility When some documentary evidence is not available or flawed, the defendant can rely on the defendant's confession and witness testimony. For example, in some rural areas, children's household registration cannot be implemented due to backward family planning management and over-family planning, and they belong to "black households". In some places, there are frequent population movements, especially those engaged in ship transportation, who are on board all the year round, and the household registration declaration is not timely, or others declare it on their behalf, which may cause differences in age determination. Therefore, when documentary evidence cannot be identified, it can be identified through witness testimony. Which witness's testimony is more objective and true? Generally speaking, the testimony of midwives, parents of neighbors born in the same month as the defendant, parents and relatives of the defendant is more reliable. If it does not contradict other evidence or is confirmed by other evidence, it can be accepted. But not all the witness testimony can confirm the age of the defendant, so it should be analyzed and determined in detail. For example, in a case of picking fights, the defendant reported a date of birth, the household registration certificate was also the date of birth, and the witness testimony submitted by the defender was also the date of birth. After investigation, the defendant was delivered by a midwife at home, and his parents said that his birth date was changed for the convenience of entering school when he declared his household registration. Relevant witnesses also confirmed that the defendant was under the age of 18. Because there are many doubts in this case, the judge did not despise the witness's testimony. On the contrary, he investigated the parents of children who were neighbors of the defendant and were born in the same month of the same year, and found that they did not agree with the testimony of witnesses. Later, he took the defendant's insurance card and confirmed that the defendant was 18 years old when he committed the crime. Therefore, when using witness testimony and defendant's confession, we should consider it comprehensively in order to make a correct judgment.
To sum up, the age of criminal responsibility belongs to the age that needs to bear legal responsibility, and for this age, our country has specially given the legal provisions that we must reach the prescribed age before we can bear corresponding responsibilities. Therefore, both minors and adults should be legal citizens so as not to be punished by law.
legal ground
civil law