日前社會新聞報導,一群青少年集體性侵被害人後揚言「其為成年,不需受 罰,不怕報案」等語。
事實上刑法第18條雖然規定:「未滿十四歲人之行為,不罰。十四歲以上未滿 十八歲人之行為得減輕其刑。」但並無未成年人完全不受刑事處罰之規定。
此外,少年事件處理法第27條規定,少年法庭依調查之結果,認為少年犯最輕五年以上有期徒刑之罪者,應以裁定移送檢察官。而對於其他法令列舉之犯 罪,如法院依少年之品行、性格、經歷等情狀,認以受刑事處分為當者,亦得 裁定移送檢察官偵辦。
另者,對十二歲以上未滿十八歲之青少年犯罪,少年事件處理法第42條亦規定 少年法庭得為「訓誡」、「交付保護管束」、「令入感化教育處所」等處分,並非 完全不受罰,前開青少年之觀念有誤,仍待各界適時導正之。
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Recently, a news report covered a group of juveniles who collectively sexually assaulted a victim and then threatened saying, "They are minors, so they won't be punished and aren't afraid of reporting the incident, among other statements.
In fact, although Article 18 of the Criminal Code stipulates: "The actions of individuals under the age of fourteen shall not be penalized. The actions of individuals who are fourteen but under eighteen may have their punishment reduced”, there is no provision stating that minors are completely exempt from criminal punishment.
Furthermore, Article 27 of the Juvenile Justice Act stipulates that if the Juvenile Court, based on its investigation, determines that a juvenile has committed a crime punishable by at least five years of imprisonment, it shall order the case to be referred to the prosecutor. For other crimes listed in the law, if the court, based on the juvenile's behavior, character, experiences, and other circumstances, deems that criminal punishment is appropriate, it may also order the case to be referred to the prosecutor for investigation.
Moreover, for juveniles aged twelve to under eighteen who commit crimes, Article 42 of the Juvenile Justice Act also stipulates that the Juvenile Court may impose measures such as "warning, placement under protective custody," or "order to attend a correctional education institution." This means they are not completely exempt from punishment. The aforementioned misconception held by some juveniles is incorrect and needs to be corrected by society in a timely manner.
March 15, 2025