2024/9/2 凌晨12:19
Criminal Law of the People's Republic of China
A person under the age of 18 who is held criminally liable in accordance with any of the preceding
three paragraphs shall be given a lighter or mitigated punishment.
Where a person is not given criminal punishment because he is under the age of 16, his parents or
any other guardian shall be ordered to discipline him. Where necessary, the person shall be
subjected to specialized correctional education in accordance with the law.
Article 17a A person who has reached the age of 75 may be given a lighter or mitigated punishment if
he commits an intentional crime, and shall be given a lighter or mitigated punishment if he
commits a negligent crime.
Article 18 Where a mentally ill person causes harmful consequences while he is unable to
appreciate the wrongfulness of or to control his act and whose condition has been authenticated and
confirmed through statutory procedures, he shall not bear criminal liability, but his family members
or guardians shall be ordered to keep him under careful watch and provide him with medical
treatment. Where it is necessary, the government may subject him to compulsory medical
treatment.
A person with intermittent mental illness who commits a crime in a normal mental state shall bear
criminal liability.
A person with mental illness who commits a crime while he is not yet completely unable to
appreciate the wrongfulness of or control his act shall bear criminal liability, but may be given a
lighter or mitigated punishment.
A person who commits a crime while intoxicated shall bear criminal liability.
Article 19 A deaf and mute person or a blind person who commits a crime may be given a lighter or
mitigated punishment or be exempted from punishment.
Article 20 Where a person, in order to protect the interests of the state or the public, or his own or
another person’s personal rights, property rights or other rights from a present unlawful attack,
takes action to stop such an unlawful attack and therefore causes harm to the attacker, this person
shall be considered acting in justifiable defense and shall not bear criminal liability.
Where a person acting in justifiable defense obviously exceeds the necessary limit and therefore
causes major harm, he shall bear criminal liability, but shall be given a mitigated punishment or be
exempted from punishment.
Where a person takes action against present physical assault, murder, robbery, rape, kidnapping, or
any other violent crime that seriously endangers personal safety and therefore causes injury to or the
death of the attacker, his action shall not be considered excessive defense and he shall not bear
criminal liability.
Article 21 Where a person, in order to protect the interests of the state or the public, or his own or
another person’s personal rights, property rights or other rights from a present danger, has no
choice but to take emergency action and therefore causes harm, this person shall not bear criminal
liability.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604.htm
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