Statutory minimum age of criminal responsibility to be lowered individually. Juvenile criminals not be released

 

Statutory minimum age of criminal responsibility to be lowered individually, and juvenile criminals will no longer be released

 

On October 13, the second-review draft of the Criminal Law Amendment (11) was submitted to the Standing Committee of the National People's Congress for deliberation. It is planned to individually lower the legal minimum age of criminal responsibility through special procedures under certain circumstances. The draft stipulates that a person who has reached the age of 12 but not the age of 14 who commits the crime of intentional homicide or intentional injury, resulting in death, shall be subject to criminal responsibility upon approval by the Supreme People’s Procuratorate.

 

 

In recent years, some vicious crimes committed by young minors, such as the case of a 13-year-old boy hammering his parents in Hengnan County, Hunan Province in 2018, and the case of a 13-year-old boy killing a 10-year-old girl in Dalian last year, have caused serious harm to the victim and society. It also pierced the hearts of the public, sparking discussions on whether legislation should lower the age of criminal responsibility. The legislature plans to lower the legal minimum age of criminal responsibility individually on the basis of careful investigation. This is the result of conforming to reality and responding to public opinion, and it reflects the progress of legislation.

 Minimum Age of Criminal Responsibility

The age of criminal responsibility is the age at which the perpetrator should be held criminally responsible by law. According to the current criminal law of our country, under 14 years old is the age for no criminal responsibility at all. 

Minors under 14 years of age carry out actions, no matter how bad the circumstances are and the consequences are serious, they don’t need to bear criminal responsibility and can only be “released once”. 

In contrast to the victim's loss of health and life, the public's questioning of "who is protected by the law" is a normal response based on the simple concept of justice.

 

The reason why the criminal law stipulates the age of criminal responsibility is based on such a judgment: 

A person is only legitimate and necessary to punish him if he has the ability to identify and control the nature and consequences of his actions, otherwise Punishment is neither justified nor meaningful. Everyone who does not reach the age of criminal responsibility is presumed to have no ability to recognize and control their own violations.

 

However, in some cases, the behavior of minor offenders has subverted the above-mentioned perceptions. 

The careful planning and sophisticated methods of the crime are shocking. Do they, who have not reached the age of criminal responsibility, really have no ability to recognize the nature and consequences of their actions? 

Should they be protected by law without principle? What harm can unprincipled asylum bring to society and others? 

These issues are related to public safety and cannot be avoided.

From the 1979 Criminal Law to the present, the social environment has undergone great changes over the past 40 years. Due to premature and other reasons, juvenile crimes have taken on a new trend. Realistic needs of advancing with the times. 

Saying goodbye to the “one size fits all” and leaving a flexible and applicable “hole” is not only conducive to the realization of justice in individual cases, but also to social defense.

Judging from the provisions of the draft, the “mouth” opened this time is not big: at least 12 years of age, it is limited to two counts of intentional murder and intentional injury. The circumstances of the crime are bad and the consequences of the death of the victim are caused. In terms of procedures, the Supreme People’s Approved by the procuratorate.

 Lowering the age of criminal responsibility is a work that affects the whole body. It involves the protection of the rights and interests of minors.

 The legislature should be more cautious, and it is right to be more cautious. In the future, whether "kouzi" is necessary and possible to expand depends on the trend of juvenile crime and the need to combat crime.

 

Conclusion

The prevention and treatment of juvenile delinquency is a systematic project, and criminal deterrence and punishment are an important part of it. Lowering the age of criminal responsibility will help increase the deterrence of penalties, curb crimes by young minors, and protect the public from harm. 

For young minors, lowering the age of criminal responsibility means that they may pay a greater price for the violation. This is a "tightening curse". If this "tightening curse" can allow them to check their behavior at all times, it can make their guardians effective Perform guardianship duties so as to avoid taking a bigger detour in life.