1. Murder of a girl in Dalian: 20 19 13/On October 20th, 13-year-old Dalian boy Cai Moumou took Kiki, who lived in the same community, to her home and killed her, and dumped her body in the bushes opposite her home. When Kiki's parents were struggling to find her daughter, Cai Moumou didn't know what kind of psychology it was. He also ran to Kiki's father, Mr. Wang, for the second time and asked him if he had found anyone. That night, while watching the police search in the community, Cai stood by the window with a video to show off with her classmates: "I am a nominal age 14, which should not be cheap." Cai was detained for three years because he was under the age of 14, and the police did not pursue criminal responsibility. Subsequently, there was a heated discussion on lowering the age of criminal responsibility on the Internet.
On February 26th, 2020, the National People's Congress Standing Committee (NPCSC) passed the 11th Amendment to the Criminal Law of People's Republic of China (PRC), which came into effect on March 26th, 2002/KLOC-0.
"I am so happy that I don't know what to say." The mother of the murdered girl told the reporter that her family has been insisting on lowering the minimum age of criminal responsibility for more than a year since her daughter was killed, and now she has finally waited for this day. They are considering submitting their daughter's murder as new materials, hoping that this new bill can be used to sentence the murderer of my daughter.
Second, reduce the age of criminal responsibility: 1. At the time of the crime, China's criminal law stipulated that no matter what crime was committed, criminal responsibility could not be investigated. According to this regulation, Cai Moumou, a boy from Dalian, was 170cm tall when he committed the crime, but he was three months short of fourteen years old, so he could not be sentenced and could only be taken into custody. For this result, the murdered girl expressed strong dissatisfaction, which also triggered a heated discussion among the public on lowering the age of criminal responsibility. Now that children are precocious, the legislature should consider adjusting the age of criminal responsibility.
2. Criminal Law Amendment (XI) The minimum age of criminal responsibility was adjusted to 1 2 years from March/day of 1 year.
Criminal Law Amendment (XI) 1. Article 17 of the Criminal Law is amended as: "A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
"A person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility.
"A person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury by particularly cruel means, causing death or serious disability, and if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate and bear criminal responsibility.
"If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, he shall be given a lighter or mitigated punishment.
"If a person is not given criminal punishment because he is under sixteen years of age, his parents or other guardians shall be ordered to discipline him; If necessary, carry out special correction education according to law. "
Third, the principle of combining leniency with severity in criminal law, that is, the principle of combining leniency with severity in criminal law, that is, the principle of benefiting the defendant. A person's crime is before the promulgation of the new criminal law. At this time, we should consider applying the old criminal law first, which is called "obeying the old". If the application of the new criminal law is more favorable to the defendant, if it is not considered a crime, or the punishment of the new criminal law is lighter, the new criminal law should be applied to the defendant, which is called "lighter".
According to the principle of criminal law, the murderer of Dalian girl murder case cannot be convicted and sentenced according to the new provisions of criminal law. It's no use for the mother of the killed girl to complain again, as stipulated by law!
Four. The significance of reducing the age of criminal responsibility In recent years, China's social economy has been developing continuously, and the level of physical and mental development of minors has been significantly improved. Teenagers who have reached the age of 65,438+02 but have not reached the age of 65,438+04 have the ability to recognize the evil deeds of serious violent crimes and control vicious violence. On the other hand, criminal law is a mirror of social life and should reflect the changes of social life in time. In reality, the age group of 12 years old but under 14 years old has become a relatively concentrated age group for juvenile vicious violence cases. Lowering the legal minimum age of criminal responsibility alone not only reflects the modernity and modesty of criminal law, but also responds to public concerns with caution.