Provisions of criminal laws

The age of bearing criminal liability where violating the criminal law of China

According to the general provisions of the Criminal Law of China on the age of bearing criminal liability, there are the following situations:

(1) A person who has reached the age of 16, and commits any crime, shall be punished by Criminal Law of China.

(2) A person who has reached the age of 14 but not the age of 16, shall be punished by the Criminal Law of China only when he commits intentional homicide, intentionally hurts another person and causes serious injury or death of that person, or commits rape, robbery, drug-trafficking, arson, explosion or poisoning; if he commits crimes other than the above crimes, he will not be punished by the Criminal Law, but his family or his guardian shall impose strict discipline on him or her.

(3) A person under the age of 14, regardless of what kind of dangerous acts he commits, shall not be punished by the Criminal Law of China.

(4) A person who has reached the age of 14 but not the age of 18 and commits a crime shall be given a lighter or mitigated punishment.

(5) A person under 18 at the time of the crime shall not be subject to death penalty.

(6) A person who has reached the age of 75 and commits a crime of negligence shall be given a lighter or mitigated punishment; if the crime is an intentional crime, the court will decide whether he or she will be given a lighter or mitigated punishment according to the specific situation. However, if the criminal suspect has reached the age of 75 at the trial, generally he or she will not be subject to death penalty, unless he or she used extremely cruel means to kill another person.

The age mentioned above is calculated by the Gregorian calendar day, month and year.