I. Provisions of the Law on the Protection of Minors. Article 54 of the Law of People's Republic of China (PRC) on the Protection of Minors implements the policy of education, probation and salvation for minors who commit crimes, and adheres to the principle of giving priority to education and supplementing punishment.
Minors who commit crimes shall be given a lighter, mitigated or exempted punishment according to law.
Second, the provisions of the criminal law. Article 17 of the Criminal Law A person who has reached the age of 16 commits a crime and shall bear criminal responsibility. If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
Three. The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Juvenile Criminal Cases.
In order to correctly hear juvenile criminal cases and implement the principle of "education first, punishment second", according to the provisions of the Criminal Law and other relevant laws, some issues concerning the specific application of law in hearing juvenile criminal cases are explained as follows:
Article 1 The term "juvenile criminal cases" as mentioned in this Interpretation refers to cases in which the defendant was over 14 years old but under 18 years old when he committed the alleged crime.
Article 2 "One-year-old" as stipulated in Article 17 of the Criminal Law shall be calculated according to the calendar year, month and day, starting from the second day of one-year-old birthday.
Article 3 When trying a juvenile criminal case, the age of the defendant at the time of committing the crime shall be ascertained. The judgment document shall specify the year, month and day of the defendant's birth.
Article 4 If there is insufficient evidence to prove that the defendant has reached the legal age of criminal responsibility when committing the alleged crime, and it is really impossible to find out, it shall be presumed that he has not reached the corresponding legal age of criminal responsibility.
If the relevant evidence is sufficient to prove that the defendant has reached the legal age of criminal responsibility when committing the alleged crime, but the specific date of birth of the defendant cannot be accurately ascertained, it shall be deemed that he has reached the corresponding legal age of criminal responsibility.
Article 5 A person who has reached the age of 14 and under the age of 16 who commits an act other than that stipulated in the second paragraph of Article 17 of the Criminal Law shall be convicted and punished in accordance with the second paragraph of Article 17 of the Criminal Law.
Article 6 A person who has reached the age of 14 but under the age of 16 occasionally has sexual relations with a young girl, if the circumstances are minor and have not caused serious consequences, it is not considered a crime.