AGE OF CRIMINAL RESPONSIBILITY, ADMINISTRATIVE RESPONSIBILITY

Legal grounds:

Criminal code 2015 amendments 2017

Law on handling administrative violations 2012

 

I. AGE OF CRIMINAL RESPONSIBILITY

1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for crimes that the Criminal code 2015 amendments 2017 otherwise prescribed;

2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in:

Articles 123. Murder, Article 134. Deliberate infliction of bodily harm upon another person, Article 141. Rape, Article 142. Rape of a person under 16, Article 143. Sexual abuse, Article 144. Sexual abuse of a person aged from 13 to under 16, Article 150. Human trafficking, Article 151. Trafficking of a person under 16, Article 168. Robbery, Article 169. Kidnapping for ransom, Article 170. Extortion, Article 171. Snatching, Article 173. Theft of property, Article 178. Deliberate destruction of property, Article 248. Illegal manufacturing of narcotic substances, Article 249. Illegal possession of narcotic substances, Article 250. Illegal transport of narcotic substances, Article 251. Illegal deal in narcotic substances, Article 252. Appropriation of narcotic substances, Article 265. Organizing illegal street races, Article 266. Illegal street racing, Article 286. Spreading software programs harmful for computer networks, telecommunications networks or electronic devices, Article 287. Obstruction or disturbance of computer networks, telecommunications networks or electronic devices, Article 289. Illegal infiltration into the computer network, telecommunications network or electronic device of another person, Article 290. Appropriation of property using a computer network, telecommunications network or electronic device, Article 299. Terrorism, Article 303. Destruction of work, facility, equipment important for national security and Article 304. Illegal manufacture, possession, transport, use or appropriation of military weapons or devices, Inside:

  • Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years’ to 15 years’ imprisonment;
  • Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years’ to 20 years’ imprisonment, life imprisonment, or death.

Regarding the classification crime in the the Criminal code 2015 amendments 2017 can be found at the link:

CLASSIFICATION OF CRIMES – HANKUK LAW FIRM CO. LTD | PROVIDING PRESTIGE LEGAL & ACCOUNTING SERVICES

 

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II. AGE OF ADMINISTRATIVE RESPONSIBILITY

1. Persons aged between full 14 and fewer than 16 shall be administratively sanctioned for intentional administrative violations;

2. Persons aged full 16 or older shall be administratively sanctioned for all administrative violations

** What is “ deliberate ” mean?

Cases of deliberate crimes:

(1) The offender is aware of the danger to society of his/her act but believes that consequences would not occur or could be prevented;

(2) The offender is not aware of the danger to society of his/her act though the consequences have to be foreseen and could be foreseen.