Criminal law is the relevant provision of responsibility, innocent to criminal cross incident

1. Lose criminal responsibility age completely

Full already the person of 16 one full year of life commits a crime, ought to bear criminal responsibility.

2. Relative to criminal responsibility age

Full already 14 one full year of life are malcontent the person of 16 one full year of life, make intended homicide, intended harm send the person is hurt again or death, rape, rob, traffic drugs, incendiary, explosion, those who put dangerous material on the blame, ought to bear criminal responsibility.

3. Do not enjoy level of criminal responsibility age completely

Malcontent the person of 14 one full year of life, do not bear criminal responsibility.

4. Reduce criminal responsibility age

(1) full already 14 one full year of life are malcontent the person of 18 one full year of life commits a crime, perhaps ought to reduce punishment lightly.

(2) full already the person of 75 one full year of life commits a crime intentionally, perhaps can reduce punishment lightly; Error commits a crime, perhaps ought to reduce punishment lightly. Perhaps ought to reduce punishment lightly..

5. Other provision

Because of dissatisfaction 16 one full year of life do not punish, the parent that orders him or guardian tries certainly; In also can accept breeding by the government when necessary.

[Baconian summary]

Criminal responsibility ability, it is to point to him understanding to the social property of behavior and its meaning are controlled and control the capacity of own behavior. In a word, identify namely and control the capacity of own behavior.

1. Mental person is in cannot identify or incontrollable him behavior when create harm result, affirm via legal process appraisal, do not bear criminal responsibility, but the family member that ought to charge him or guardian is stern add guard and medical treatment; Be in necessary when, enforce by the government medical treatment.

2. The mental patient of intermittence commits a crime when spirit is normal, ought to bear criminal responsibility.

3. Have not lose the mental patient that identify or controls him behavior capacity completely to commit a crime, ought to bear criminal responsibility, but perhaps can reduce punishment lightly.

4. Stoned person commits a crime, ought to bear criminal responsibility.

Unit crime is the behavior of the ought to assume criminal responsibility lawfully harm society that shows company, enterprise, institution, mechanism, organization is carried out.

1. Main body condition

The main body that the unit commits a crime includes company, enterprise, institution, mechanism and group. Among them, privately owned, solely invested enterprise forms unit crime to must have corporate organization, other unit does not have this requirement.

(1) the company that the individual creates to undertake illegal guilty activity, enterprise, institution carries out crime, or after company, enterprise, institution is established, in order to carry out what crime is main activity, do not commit a crime with the unit punish;

(2) embezzle unit name carries out crime, illegal earning divides by the individual illicit of executive crime, the regulation that according to criminal law commits a crime about the natural person convictions punishment;

(3) the branch with the unit or inside the name that establishs orgnaization, department carries out crime, illegal earning puts in a branch 's charge or inside set orgnaization, branch all, should maintain commit a crime for the unit. Cannot the branch because of the unit or inside the property that establishs orgnaization, branch to be able to not offer executive fine, do not maintain its commit a crime for the unit, and according to the individual crime is handled.

2. Legal provision

Unit crime has legal proclaimed in writing to set only, just bear criminal responsibility. Always law not the main body of this blame includes demonstrate of the unit, only the natural person can make this crime, the unit cannot make this crime.

3. Subjective fault

The unit commits a crime already can by form intentionally, OK also error is formed.

4. Punish a principle

(1) execute commonly to unit crime " two punish " principle, criminal law cent has special provision to be executed only " sheet is punished " , according to regulation.

(2) two above unit commits a crime with what carry out intentionally jointly, size of the position in should committing a crime jointly according to each unit, action, of certain crime unit advocate, accessary criminal.

(3) the unit that is suspected of crime amalgamative, schism, by cancel, cancel, revoke business charter or of suspend payment, ought to investigate the criminal duty of direct responsibility personnel according to unit crime, chase after no longer to this unit appeal to.

Having fault incident is to show behavior is in although cause,go up objectively damage a result, but what stem from behavior person is intended or error, cause as a result of the reason place that cannot foreknow however, not be crime. Include accident and force majeure without fault incident.

1. Accident

This is to show behavior is in although cause,go up objectively damage a result, but what stem from behavior person is intended or error, cause as a result of the reason place that cannot foreknow however, not be crime. Accident has 3 features:

(1) behavior is in go up objectively cause damage a result;

(2) the result that to oneself behavior place creates does not have behavior person already intended blameless also;

(3) this kind of happening that damages a result is caused as a result of the reason that cannot foreknow.

2. Force majeure

This is to show behavior is in although was caused,go up objectively damage a result, but either those who stem from behavior person is intended or error, cause as a result of the reason place that cannot defy however, not be crime. Force majeure has 3 features:

(1) behavior is in go up objectively cause damage a result;

(2) the result that to oneself behavior place creates does not have behavior person already intended blameless also;

(3) this kind of happening that damages a result is caused as a result of the reason that cannot defy.