Discussion on The Criminal Responsibility Capacity of the Elderly

Liuying Ma

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Discussion on The Criminal Responsibility Capacity of the Elderly

Issue 1

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Discussion on The Criminal Responsibility Capacity of the Elderly
Nanhua University Law School, Hengyang 421001, Hunan, China
Issue 1, Pages: 16-24(2024)
Published： 30 June 2024 ，
DOI：

Full txt

Liuying Ma. (2024). Discussion on The Criminal Responsibility Capacity of the Elderly. Elder Law, (1), 16-24.
DOI：

Liuying Ma. (2024). Discussion on The Criminal Responsibility Capacity of the Elderly. Elder Law, (1), 16-24. DOI：

摘要

Abstract

With the increase of age

the criminal responsibility capacity of the elderly gradually weakens

and the current Criminal law does not make special provisions on the criminal responsibility of the elderly

hence there is a large deviation in the sentencing of crimes against the elderly in judicial practice. In the criminal law legislation

"Elderly" should be regarded as a statutory lenient sentencing circumstance

and it is clearly stipulated that people over the age of 70 who commit crimes can be lightly punished

mitigated

or exempted from punishment. This provision is not only based on a biological scientific basis

deep traditional culture and a foundation of public opinion; it also embodies the principles of individualization

humanization

and economy of penalties. It also improves the legislative structure of criminal law and comprehensively protects vulnerable subjects.

关键词

Keywords

Elderlycriminal responsibilityability to take responsibility

references

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