Research On The Criminal Legislation And Justice Of Elderly Criminality

With the arrival of the world's aging society, China has entered the aging society, which is now the world's largest aging country. As the elderly population increases in the proportion of the total population, elderly criminality is gradually increasing, so China's criminal legislation, criminal justice against the trend should make the necessary adjustments. But the research of criminal legislation and criminal justice is weak in our criminal theory. It has profound theoretical and practical significance.Most countries in the world have lenient penalties for the elderly criminality, For example, the Brazilian Penal Code and the Vietnamese Penal Code provide for the lenient punishment to the elderly criminality in the general provisions; the Russian Penal Code and the Mongolia Penal Code provide for the prohibition against certain criminal offenses for the elderly criminality; the French Penal Procedure Code and the Japan Penal Procedure Code provide for the lenient punishment in the penalty execution in content, type and mode for the elderly. Ancient and modern criminal legislation of China is also lenient on the elderly criminality. With the adoption of the Criminal Law Amendment (Eighth), the Chinese Penal Code have been lenient punishment for the elderly, but there are still some problems, such as the high age of Lenient penalties for the elderly; the Chinese Penal Procedure Code is also lack of their right of defense and presence. Although the relevant criminal policy has been involved the lenient punishment for the elderly criminality, but it is not specific enough, not strong operational. In justice, there are difficulties in the rapid processing of criminal cases acted by the elderly; the elderly criminal sentencing is not balanced; prosecution and criminal use of conciliation is not much; all aspects of criminal proceedings lack lenient provisions for the elderly offenders. Based on the problems of the elderly criminality in criminal legislation and justice, the elderly over 70 years of age should apply lighter or mitigated punishment and not apply the death penalty; they should have the right to defense and presence when they are asked the trial. We should establish the rapid processing mechanism for the elderly criminal cases as soon as possible; and expand the non-criminal and non-custodial treatment for the elderly criminality. Finally, all criminal proceedings links should also reflect lenient punishment for elderly criminality.