Why not pursue criminal responsibility for killing people below 14 by extremely cruel means?

Article 17 of China's criminal law stipulates that a person who has reached the age of 16 shall bear criminal responsibility for committing a crime. ?

A person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, 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. If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government. ?

Therefore, 14-year-old children do not bear criminal responsibility and do not constitute a crime. However, their parents or guardians should bear civil liability for compensation and should be ordered to discipline them at the same time; When necessary, it can also be taken in for reeducation by the government.

Parents of long-term data abusers refuse "government asylum and education"

On June 27th, the reporter met Liu, director of the police station, in Xiaogan High-tech Zone Public Security Bureau.

Director Liu generally agrees with the incident mentioned in Weibo and the families of the victims. The briefing on the case released by the official WeChat of the branch on the afternoon of June 27th also showed that on March 30th, 20 18 19: 48, the command center of Xiaogan Public Security Bureau received an alarm saying that a child had been abandoned in Mao Yu New Town, the Weizhan community in High-tech Zone. After receiving the instruction, the police station of Xiaogan Public Security Bureau High-tech Zone Branch quickly rushed to the scene, sent the victim to the hospital, and quickly investigated and collected evidence, and arrested the suspect Huang (male, born in September 2004, minor) overnight.

According to the report, after investigation, at about 8: 00/kloc-0 on the same day, Huang took advantage of the elevator entrance of Xincheng 17 building and held it to Room 40 1 with scissors, robbed it and stabbed the victim Xiaojing with scissors.

Regarding the problem that the perpetrators widely questioned on the Internet have not been placed on file, the person in charge of the legal brigade of the branch introduced that Article 17 of the Criminal Law stipulates: "A person who has reached the age of 16 commits a crime and bears criminal responsibility. If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; It can also be taken care of by the government when necessary. "

Because the suspect was under the age of 14 when he committed the crime, he did not reach the age of criminal responsibility, which was not enough for criminal punishment. According to Article 15 of the Criminal Law, the case was dismissed.

How to understand "when necessary, education can also be taken in by the government"?

In this regard, the person in charge of the legal brigade of the branch introduced that in addition to the provisions of Article 17 of the Criminal Law, Article 15 of the Procedures for Handling Cases of Detention and Rehabilitation by Public Security Organs in Hubei Province clearly pointed out that "if the family has no ability to discipline and really needs to receive education, the case-handling unit may require the parents or other guardians of minors to submit a written application to the public security organs, and the government will take care of them."

Director Liu introduced that the police station specially communicated with his parents about the boy's discipline, and also introduced the situation of relevant reformatories. The father of the child also went to the relevant institutions to see it, but in the end he did not agree to be accepted by the government for reeducation through labor. Later, when the police station visited home, the parents of the boys said that their children were not attending school at present and were helping at home.

Director Liu said that after the incident, the High-tech Zone Management Committee organized community cadres and parties to coordinate on civil compensation. The police station participated in the scene at least twice, but the two sides have differences on the amount of compensation, and no agreement has been reached so far. At present, the coordination class is still doing its best to coordinate the work.

Assistance to underage victims needs to be improved.

This Weibo, issued on the morning of June 26th, attracted the attention and heated discussion of many netizens in one day. Weibo forwarded a total of 6.5438+0.7 million times, with more than 9,400 comments from netizens.

"The law should keep pace with the times. Most people of China's age are really immature when they make laws. " Netizen "cici Smile" thinks that "with the rapid development of society, minors receive a large amount of information and mature early, and the legal age threshold should be changed accordingly."

Netizen "Lost Dialogue" commented, "Overprotection of minors often hurts him. The law must take care of the overall situation, but it cannot allow some lawless people to exploit the loopholes indefinitely, otherwise it will be counterproductive. " Netizen "ordinary people" also said that "the law on the protection of minors cannot be a bulletproof vest to protect bad guys from committing crimes."

Professor Tong Dehua, deputy dean of the School of Criminal Justice of Zhongnan University of Economics and Law and doctoral supervisor, believes that "the parents of the injurer should bear the supervision responsibility, and the case occurred in the community, and the community property manager also has certain responsibilities".

According to Articles 175 and 176 of the Procedures for Handling Criminal Cases by Public Security Organs, Wang Ming, a lawyer of Hubei Hua Hui Law Firm, said, "If the complainant refuses to accept the decision not to file a case, he can apply to the public security organ for reconsideration according to the procedure after receiving the Notice of Not Filing a Case. If the complainant refuses to accept the decision not to file a case for reconsideration, he may apply to the public security organ at the next higher level according to the procedure after receiving the reconsideration decision. "

Wang Ming also suggested that the victim's parents can apply to the local legal aid center, which will send public welfare lawyers to file a civil lawsuit against the infringer and request civil compensation.

Li Chunsheng, director of the Law Committee for the Protection of Minors of Hubei Lawyers Association, pointed out that it is necessary to strengthen the assistance to minor victims, including psychological counseling, legal aid and judicial assistance.

Instead of dismissing such cases, the public security organs should assess the "necessity" of reeducation through labor, order the guardians of criminal suspects to compensate the victims for medical expenses and other losses, and provide the victims with relevant evidence of the facts of the case and the closing report for the victims to grasp the situation as the basis for bringing a civil lawsuit to the court.

People's Daily Online-Knife wounding was released under the age of 14, which caused controversy.