犯罪和刑事责任
一切危害国家主权、领土完整和安全,分裂国家、颠覆人民民主专政的政权和推翻社会主义制度,破坏社会秩序和经济秩序,侵犯国有财产或者劳动群众集体所有的财产,侵犯公民私人所有的财产,侵犯公民的人身权利、民主权利和其他权利,以及其他危害社会的行为,依照法律应当受刑罚处罚的,都是犯罪,但是情节显著轻微危害不大的,不认为是犯罪。
明知自己的行为会发生危害社会的结果,并且希望或者放任这种结果发生,因而构成犯罪的,是故意犯罪。
故意犯罪,应当负刑事责任。
应当预见自己的行为可能发生危害社会的结果,因为疏忽大意而没有预见,或者已经预见而轻信能够避免,以致发生这种结果的,是过失犯罪。
过失犯罪,法律有规定的才负刑事责任。
行为在客观上虽然造成了损害结果,但是不是出于故意或者过失,而是由于不能抗拒或者不能预见的原因所引起的,不是犯罪。
已满十六周岁的人犯罪,应当负刑事责任。
已满十四周岁不满十六周岁的人,犯故意杀人、故意伤害致人重伤或者死亡、强奸、抢劫、贩卖毒品、放火、爆炸、投毒罪的,应当负刑事责任。
已满十四周岁不满十八周岁的人犯罪,应当从轻或者减轻处罚。
因不满十六周岁不予刑事处罚的,责令他的家长或者监护人加以管教;在必要的时候,也可以由政府收容教养。
已满七十五周岁的人故意犯罪的,可以从轻或者减轻处罚;过失犯罪的,应当从轻或者减轻处罚。
精神病人在不能辨认或者不能控制自己行为的时候造成危害结果,经法定程序鉴定确认的,不负刑事责任,但是应当责令他的家属或者监护人严加看管和医疗;在必要的时候,由政府强制医疗。
间歇性的精神病人在精神正常的时候犯罪,应当负刑事责任。
尚未完全丧失辨认或者控制自己行为能力的精神病人犯罪的,应当负刑事责任,但是可以从轻或者减轻处罚。
醉酒的人犯罪,应当负刑事责任。
又聋又哑的人或者盲人犯罪,可以从轻、减轻或者免除处罚。
为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在进行的不法侵害,而采取的制止不法侵害的行为,对不法侵害人造成损害的,属于正当防卫,不负刑事责任。
正当防卫明显超过必要限度造成重大损害的,应当负刑事责任,但是应当减轻或者免除处罚。
对正在进行行凶、杀人、抢劫、强奸、绑架以及其他严重危及人身安全的暴力犯罪,采取防卫行为,造成不法侵害人伤亡的,不属于防卫过当,不负刑事责任。
为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在发生的危险,不得已采取的紧急避险行为,造成损害的,不负刑事责任。
紧急避险超过必要限度造成不应有的损害的,应当负刑事责任,但是应当减轻或者免除处罚。
第一款中关于避免本人危险的规定,不适用于职务上、业务上负有特定责任的人。
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Crimes and
Criminal
Responsibility
A crime refers
to an act that
endangers the
sovereignty,
territorial
integrity and
security of the
State, splits
the State,
subverts the
State power of
the people's
democratic
dictatorship and
overthrows the
socialist
system,
undermines
public and
economic order,
violates
State-owned
property,
property
collectively
owned by the
working people,
or property
privately owned
by citizens,
infringes on the
citizens' rights
of the person,
their democratic
or other rights,
and any other
act that
endangers
society and is
subject to
punishment
according to
law. However, if
the
circumstances
are obviously
minor and the
harm done is not
serious, the act
shall not be
considered a
crime.
An intentional
crime refers to
an act committed
by a person who
clearly knows
that his act
will entail
harmful
consequences to
society but who
wishes or allows
such
consequences to
occur, thus
constituting a
crime.
Criminal
responsibility
shall be borne
for intentional
crimes.
A negligent
crime refers to
an act committed
by a person who
should have
foreseen that
his act would
possibly entail
harmful
consequences to
society but who
fails to do so
through his
negligence or,
having foreseen
the
consequences,
readily believes
that they can be
avoided, so that
the consequences
do occur.
Criminal
responsibility
shall be borne
for negligent
crimes only when
the law so
provides.
An act is not
a crime if it
objectively
results in
harmful
consequences due
to irresistible
or unforeseeable
causes rather
than intent or
negligence.
If a person
who has reached
the age of 16
commits a crime,
he shall bear
criminal
responsibility.
If a person
who has reached
the age of 14
but not the age
of 16 commits
intentional
homicide,
intentionally
hurts another
person so as to
cause serious
injury or death
of the person,
or commits rape,
robbery,
drug-trafficking,
arson, explosion
or poisoning, he
shall bear
criminal
responsibility.
If a person
who has reached
the age of 14
but not 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 has
not reached the
age of 16, the
head of his
family or his
guardian shall
be ordered to
discipline him.
When necessary,
he may be taken
in by the
government for
rehabilitation.
If a mental
patient causes
harmful
consequences at
a time when he
is unable to
recognize or
control his own
conduct, upon
verification and
confirmation
through legal
procedure, he
shall not bear
criminal
responsibility,
but his family
members or
guardian shall
be ordered to
keep him under
strict watch and
control and
arrange for his
medical
treatment. When
necessary, the
government may
compel him to
receive medical
treatment.
Any person
whose mental
illness is of an
intermittent
nature shall
bear criminal
responsibility
if he commits a
crime when he is
in a normal
mental state.
If a mental
patient who has
not completely
lost the ability
of recognizing
or controlling
his own conduct
commits a crime,
he shall bear
criminal
responsibility;
however, he may
be given a
lighter or
mitigated
punishment.
Any
intoxicated
person who
commits a crime
shall bear
criminal
responsibility.
Any deaf-mute
or blind person
who commits a
crime may be
given a lighter
or mitigated
punishment or be
exempted from
punishment.
An act that a
person commits
to stop an
unlawful
infringement in
order to prevent
the interests of
the State and
the public, or
his own or other
person's rights
of the person,
property or
other rights
from being
infringed upon
by the on-going
infringement,
thus harming the
perpetrator, is
justifiable
defence, and he
shall not bear
criminal
responsibility.
If a person's
act of
justifiable
defence
obviously
exceeds the
limits of
necessity and
causes serious
damage, he shall
bear criminal
responsibility;
however, he
shall be given a
mitigated
punishment or be
exempted from
punishment.
If a person
acts in defence
against an
on-going
assault, murder,
robbery, rape,
kidnap or any
other crime of
violence that
seriously
endangers his
personal safety,
thus causing
injury or death
to the
perpetrator of
the unlawful
act, it is not
undue defence,
and he shall not
bear criminal
responsibility.
If a person is
compelled to
commit an act in
an emergency to
avert an
immediate danger
to the interests
of the State or
the public, or
his own or
another person's
rights of the
person, property
or other rights,
thus causing
damage, he shall
not bear
criminal
responsibility.
If the act
committed by a
person in an
emergency to
avert danger
exceeds the
limits of
necessity and
causes undue
damage, he shall
bear criminal
responsibility;
however, he
shall be given a
mitigated
punishment or be
exempted from
punishment.
The provisions
of the first
paragraph of
this Article
with respect to
averting danger
to oneself shall
not apply to a
person who is
charged with
special
responsibility
in his post or
profession. |