I have a friend named A, born in December 1996. Recently, A participated in a motorcycle robbery. There were 3 people involved in the robbery, sitting in the car and A was in the middle. Not driving nor directly committing the crime but just following. So let me ask A will be subject to the sentence when not enough 15 years old? Look forward to consulting!
Answer by: Legal Specialist – General Construction Issues Department
According to the provisions of the Penal Code
Article 12. Age of criminal responsibility
1. Persons aged full 16 years or older must bear criminal responsibility for all crimes.
2. Persons aged full 14 years or older, but less than 16 years old, shall bear criminal responsibility for very serious crimes due to their willful intentions or particularly serious crimes ”.
Therefore, if A is under 14 years old, he will not be prosecuted for criminal liability.
If A is at least 14 years old, according to Article 112 of the Penal Code, A will be penalized as follows:
1. Case 1: The offender, from full 14 years of age or older, who has sexual intercourse with a child under the age of 13, will be prosecuted for criminal liability for rape (Article 112 ) and sentenced to twelve to twenty years of imprisonment, life imprisonment or capital punishment (pursuant to Clause 4 of Article 112).
2. The second case: The victim is a child from full 13 to under 16 years:
If the offender is aged full 14 years or older, commits acts of using force, threatening to use force or taking advantage of the victim’s insanitary state or other tricks to have sexual intercourse with the victim contrary to Will the victim’s wishes will be criminally charged for child rape (Article 112) and may be sanctioned as follows:
+ Imprisonment from five to fifteen years (Clause 1 of Article 112);
+ Committing the crime in one of the cases specified in Clause 2, Article 112, the offenders shall be sentenced to between twelve and twenty years of imprisonment;
+ Committing the crime in one of the cases specified in Clause 3, Article 112, the offenders shall be sentenced to twenty years of imprisonment, life imprisonment or death.
In addition, offenders may be banned from holding certain posts, practicing certain professions or doing certain jobs for one to five years.
Thus, if A is full 14 years old or older and B is under 13 years old, A will be prosecuted for child rape under Clause 4, Article 112 of the Penal Code; If A is full 14 years old or older, and B is from full 13 to under 16 years old, A will be prosecuted for penal liability according to Clause 1 or Clause 2 or Clause 3 Article 112 of the Penal Code.