Loving a 12 year old girl, what kind of punishment can a 15 year old boy face?

As reported, the People’s Procuracy of Dak Lak province has just issued an indictment prosecuting N.T.S. (born 2007, residing in Cu M’gar district, Dak Lak) for raping a person under 16 years old.

According to the indictment, S. and A. (born 2010) had a sexual relationship felt each other, had sex twice. At the time of sexual intercourse, A. was only 12 years old, and S. was 15 years old.

On March 2, A.’s father learned of the incident and went to the police to report it. .

Faced with information about the incident, Dan Tri readers wondered how they would handle both children, who are underage? Are offenders under 16 years old exempt from criminal liability?

Being 14 years old or older will be criminally responsible for rape

Quoting the 2015 Penal Code (amended by Clause 24, Article 1 of the Law amending the Ministry Criminal Law 2017) Lawyer Nguyen Thi Xuyen (Hanoi Bar Association said that people from 14 years old to under 16 years old must bear criminal responsibility for very serious crimes, especially serious crimes specified in one of the Article and 304 of this Code.

“In this case, S. committed sexual intercourse with child A. when he was only 12 years old there are signs of the crime of rape of a person under 16 years old (Article 142 Penal Code 2015). In which, the subject of this crime only needs to be 14 years old or older.

The crime of rape specified in Article 142 is a crime that is not exempt from criminal liability for people over 10 years old. People from 14 years old to under 16 years old commit crimes according to the above regulations, so people under 16 years old who commit this crime still have to bear criminal responsibility,” said lawyer Xuyen.

The highest prison sentence is for How many years can a person under the age of 16 commit a crime?

About the term of imprisonmentArticle 101 of the 2015 Penal Code has regulations on imprisonment for a person under the age of 16 The following crimes are committed:

For people from 16 years old to under 18 years old when committing the crime, if the applied law stipulates life imprisonment or death penalty, the highest penalty applied shall not more than 18 years in prison; If it is a term of imprisonment, the highest penalty applied is no more than three-quarters of the prison sentence prescribed by the law;

For people from full 14 years old to under 16 years old when committing the crime if The applicable law stipulates life imprisonment or death penalty, the maximum penalty applied shall not exceed 12 years in prison; If it is a term of imprisonment, the highest penalty applied is no more than half of the prison sentence prescribed by the law.

Thus, when a person under 16 years old commits a crime, if the law is applied as follows: If the penalty is life imprisonment or death penalty, the maximum penalty applied shall not exceed 12 years in prison; If it is a term of imprisonment, the maximum penalty applied is no more than half of the prison sentence prescribed by the law.