How to divide the age of criminal responsibility of students who are not responsible for the case of division killing in Yuanjiang, Hunan Province
The position of the red circle is the suspect Luo
Sihaiwang: on the afternoon of November 12, there was a case of "student killing teacher" in Yuanjiang City, Hunan Province. Luo Mou, a 16-year-old junior high school student, was scolded by his teacher for his homework chores. A few minutes later, Luo rushed into the teacher's office, took out a spring knife and stabbed the teacher 26 times, killing him. On November 13, Luo was detained by Yuanjiang Public Security Bureau in accordance with the law on suspicion of intentional homicide, the official wechat of the Publicity Department of Yuanjiang municipal Party committee announced on the evening of November 14.
In recent years, the cases of violence by minors are frequent, which are widely concerned by all walks of life. What are the provisions of the law on the criminal acts of this special group? How to divide the age of criminal responsibility? What else can we do for juvenile delinquency in addition to sanctions according to law? The reporter interviewed prosecutors, lawyers and teachers in school.
How to divide the age of criminal responsibility?
It is certain that Luo constitutes a crime, but he is under 18 years old and will not be sentenced to death according to the law. Chen Qi, a lawyer from a law firm in Beijing, told reporters that as a special subject, minors are specially protected by Chinese law.
Article 17 of the criminal law of China stipulates that a person who has reached the age of 16 shall bear criminal responsibility for a crime; a person who has reached the age of 14 but not the age of 16 shall bear criminal responsibility for the crime of intentional killing, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or poisoning; a person who has reached the age of 14 but not the age of 18 shall be given a lighter or mitigated crime Punishment.
"Although the law clearly stipulates the relevant punishment, we still need to explore the deep-seated reasons for juvenile crime, because juvenile crime has the characteristics of sudden or passionate crime. The judicial organ should make a comprehensive and scientific evaluation of juvenile delinquency combining the facts and results of crime, as well as subjective malice. According to Jin Chao, director of the Department of non prosecution of Fengtai District Procuratorate of Beijing, for juvenile delinquency, the law adheres to the principle of giving priority to education, probation and rescue, supplemented by punishment, and the judicial organ should handle the case according to the relevant principles and judicial concepts.
In addition, there are also procedural provisions in the criminal procedure law on juvenile criminal cases. Chen Qi told reporters that for juvenile delinquency, you can make a 'growth report', including a comprehensive investigation of their growth experience, family situation, ordinary performance, the cause of crime, whether they have confessed to repentance after the crime and so on. The court can use the "growth report" as a sentencing reference. In order to make the minors return to the society better, the sentencing should be considered more carefully.