The law is very humane in handling offenders under 18 years old. So, in the case of offenders under 18 years old, what is the maximum penalty of imprisonment?
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Minors committing crimes with maximum punishment not exceeding 18 years imprisonment? (Illustrative image)
04 Penalties Applied to Minors Committing Crimes
Based on the provisions of Article 39 and Article 40 of the Criminal Code 2015, life imprisonment and the death penalty are not applied to minors who commit crimes.
Additionally, according to Article 98 of the Criminal Code 2015, minors who commit crimes are subjected to only one of the following penalties for each offense:
1. Warning.
2. Fine.
3. Non-custodial reform.
4. Fixed-term imprisonment.
Thus, according to the above regulations, in the case of minors committing crimes, only 04 penalties are applied, namely warning, fine, non-custodial reform, and fixed-term imprisonment. Furthermore, life imprisonment and the death penalty are not applicable to minors.
It can be seen that criminal responsibility of minors who commit crimes is pursued only when necessary and must be based on their personal characteristics, the dangerous nature of the criminal acts to society, and the requirements of crime prevention. The law always ensures the best interests of the minors and aims at educating and helping them correct their mistakes, develop healthily, and become useful citizens for society.
Maximum Penalty Framework for Minors Committing Crimes is Not Exceeding 18 Years Imprisonment
According to Article 101 of the Criminal Code 2015, the fixed-term imprisonment applied to minors committing crimes is stipulated as follows:
For individuals aged from 16 to under 18 when committing a crime,
- If the applicable law stipulates life imprisonment or the death penalty, the maximum punishment is not more than 18 years imprisonment;- If it is fixed-term imprisonment, the maximum punishment is not more than three-quarters of the imprisonment term stipulated by the law.
For individuals aged from 14 to under 16 when committing a crime:
- If the applicable law stipulates life imprisonment or the death penalty, the maximum punishment is not more than 12 years imprisonment;- If it is fixed-term imprisonment, the maximum punishment is not more than half of the imprisonment term stipulated by the law.
However, according to Clause 3, Article 103 of the Criminal Code 2015, for individuals committing multiple crimes, with some committed before reaching 18 years old and some after:
- If the penalty for the crimes committed before reaching 18 is heavier or equal to the general penalty, the combined penalty must not exceed 18 years imprisonment;- If the penalty for the crimes committed after reaching 18 is heavier, the general penalty is applied as for individuals aged 18 or older.
Thus, based on the above regulations, the maximum penalty framework for minors committing crimes is not exceeding 18 years imprisonment. However, in case an individual commits a crime before and after reaching the age of 18, and if the penalty after reaching 18 is the death penalty, then the death penalty will be applied.
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