单词 | Criminal responsibility |
释义 | 刑事責任 1. The concept that individuals with the capacity to make voluntary and intentional choices to act criminally, understanding the significance of the choice should be held liable. A person is criminally responsible for his conduct if the prescribed state of mind (mens rea) is also present. However, a person may be excused from criminal responsibility if his or her ability to act voluntarily, intentionally, and to understand the nature of their actions has been impaired by a mental state such as automatism or insanity: Criminal Procedure Ordinance (Cap 221) s 74. In murder cases, a person shall not be convicted of murder if the defence proves he suffered from diminished responsibility: Homicide Ordinance (Cap 339) s 3. 2. At common law, a child is entirely exempted from criminal responsibility until the day before his seventh birthday: Juvenile Offenders Ordinance (Cap 226) s 3. See also Child; Diminished responsibility; Mens rea; Murder. 1. 有能力作出自願及有意選擇的人犯有刑事行為而明白後果,須因此而負上責任。一個人如果有犯罪意圖須對本身行為負上刑事責任。不過,如果某人作出自願及有意選擇明白後果的能力,因精神狀態如自動症或精神錯亂而減弱,可被免除刑事責任:刑事訴訟程序條例(第221章)第71條。在謀殺案,如果辯方證明受減責神志失常影響,不能判定該人犯謀殺罪成罪:《殺人罪條例》(第339章)第3條。 2.在普通法,七歲以下兒童免負刑事責任:《少年犯條例》(第226章)第3條。另見 Child; Diminished responsibility; Mens rea; Murder. |
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