论老年人刑事责任的轻缓化

On Criminal Responsibility Leniency of the Old

老年人犯罪是指60岁以上的人所实施的犯罪。不论从我国法律传统,抑或世界刑法的潮流,还是就刑法目的和公平原则考虑,老年人刑事责任轻缓化都应得到立法的肯认。刑法应明确规定对老年人犯罪可以从宽处罚,老年人犯罪原则上不适用死刑,并且对于老年人判处的刑期应予缩限,在刑罚的执行上还应做适当变通处理。

Crimes by the old refer to the crimes committed by people aged 60 and over. Considering the legal tradition of China, the trend of world criminal law, the purpose of criminal law and the principle of equality, the criminal responsibility leniency of the aged people should be admitted by law. The criminal responsibility leniency of the aged people should be enacted in criminal law that the aged criminals should be given lenient punishment and death penalty should not be applied to the old. In addition, the term of imprisonment should be shortened and the execution of penalty should be flexible.