Another case of juvenile delinquency is suspected, and the outcome may be helpless.
According to reports, two 14-year-old teenagers were arrested in a burglary case uncovered by Anhui Laian police recently. Police said the two men committed more than 40 crimes in many places, involving more than 200,000 yuan in value. After they were arrested, they told the police that they could steal another 400 days. This triggered a heated discussion among netizens.
It has to be said that these two bad teenagers are very law-abiding. According to the Criminal Law, minors who have reached the age of 14 and under the age of 16 are only criminally liable for eight specific crimes, such as intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, while theft is not included. Even if the number of thefts is more and the amount is larger, it will not enter the scope of investigation and punishment.
On the other hand, even after 400 days, they have reached the threshold of criminalization for larceny, and there is a special leniency in the Criminal Law: Those who have reached the age of fourteen but not eighteen should commit crimes with lighter or mitigated penalties. Should here means that the judicial organs must unconditionally open the net and impose penalties at the lower limit of the range of legal sentences, or even reduce the statutory sentences.
Maybe some people will say that if you cant get a sentence, you can at least get a public security punishment. According to the Law on Administrative Penalties for Public Security, theft can be detained for more than five days and less than ten days, and fined for less than five hundred yuan, if the circumstances are serious, detention for more than ten days and less than fifteen days can be imposed with a fine of less than one thousand yuan. If there are serious consequences, it should also be heavily punished. Similar to the case of theft with a value of more than 200,000 yuan, it is not excessive to detain for fifteen days.
The problem is that there is also leniency in the Law on Administrative Penalties for Public Security, which clearly stipulates that those who have reached the age of fourteen but not sixteen should be given administrative detention penalty, and administrative detention penalty shall not be enforced. That is to say, for these minors who commit serious crimes, there is no risk of losing their personal freedom, at most a few money.
Of course, legally speaking, there are also bottom-up measures. For example, the Criminal Law and the Law on the Prevention of Juvenile Delinquency clearly stipulate that a minor shall not be penalized for failing to reach the age of 16, his parents or other guardians shall be ordered to be strictly disciplined, when necessary, the government may adopt and educate him in accordance with the law.
The question is, if the family custody of bad teenagers really works, will these bear children go on the road of crime? As for the governments adoption and upbringing, i.e. sending work to school, the actual effect of corrective education is neglected. As is known to all, there are only 67 such special educational institutions in China.
Perhaps it was only when they saw what the law could do that that the two 14-year-olds dared to say so rampantly that they could steal another 400 days.
To be fair, in dealing with juvenile delinquency, we should take into account the immaturity of the groups mind and adopt measures different from those of adults. But after so many years of development, the situation may have changed.
Looking back at the reports, the two bear children are not ashamed to talk big and steal another 400 days. Obviously, they should not be lenient in terms of individual maturity, social harmfulness and subjective malignancy.
Unfortunately, in reality, from legislation to judicial and law enforcement weakness, to corrective education, a vacuum zone has been formed in the prevention and control of juvenile delinquency. Once tolerance takes a step forward, it may become indulgence, which is no less harmful to the victims and their relatives.
From the recent three serious murders of minors in Hunan to the serious theft cases of this nature, the increasing rate of juvenile delinquency and the escalation of evil means have sounded the alarm to the society.
Faced with the helplessness of juveniles who commit crimes, it should not be the normal state of a society ruled by law. Prior to that, the Ministry of Public Security reduced the age of detention from 16 to 14 in its draft of revising the Law on Administrative Penalties for Public Security. In the long run, it is worth discussing whether the Criminal Law, the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency should also be adjusted according to the circumstances. In any case, it is indispensable to tighten the rule of law to curb juvenile delinquency and bring justice back to reality as soon as possible.
Source: Author of New Beijing News: Ouyang Chenyu Responsible Editor: Shi Jianlei_NBJ11331