虐待儿童并造成致命后果的刑事罪行

Cut Firna Salsalia, Rizanizarli Rizanizarli
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引用次数: 0

摘要

本研究旨在分析虐待致死性刑事犯罪中对儿童罪犯的法律保护、法官对该罪行判处监禁的考虑以及犯罪中的障碍。通过实证法律研究获得的数据。本研究使用从实证法学研究中获得的主要数据,包括对受访者和举报人的访谈,并结合教科书、理论、法律法规等法律资料作为辅助数据。研究结果表明,对未成年犯提供的法律保护以身份保密的形式存在,在侦查过程中受到良好的待遇,被置于特殊的位置,法官在作出考虑时总是参考未成年人的年龄、精神状态、背景等减轻因素。青少年的家庭态度和恶化的事情,如不良青少年的生活史和父母无法教育他们。间接阻碍案件解决进程的是父母的疏忽,双方的不配合,还有小工具的影响。建议执法人员和少年特殊发展研究所应继续合作,根据适用规则对儿童犯罪者进行法律保护,法官在判处监禁前应优先考虑儿童的最大利益,父母应更好地控制儿童的行为。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Criminal Offence of Child-on-Child Abuse With a Fatal Outcome
This research aims to analyse the legal protection for the child offenders in criminal offence of abuse with a fatal outcome, the judge's considerations in imposing imprisonment for the offence and the obstacles in the crime. Data obtained through empirical legal research. This research uses primary data obtained from empirical legal research in the form of interviews with respondents and informants and combines legal materials such as textbooks, theories, laws and regulations which are considered as secondary data. The results of the research showed that the legal protection provided to the child convicts is in the form of identity confidentiality, is treated well during the investigation process, is placed in a special place, the Judges in making considerations always refer to the mitigating factors such as the juvenile's age, the juvenile's mental state, the juvenile's background, the juvenile's family attitude and aggravating things such as a bad juvenile's life history and parents who are unable to educate them.. The things that indirectly hinder the process of settling this case are the parents negligence, lack of cooperation from both parties, and also the influence of gadgets. It is recommended to the law enforcement officers and Juvenile’s Special Development Institute should continue to cooperate in carrying out legal protection for child perpetrators according to applicable rules, the judge before imposing a prison sentence should prioritize the best interests of the child and to parents should contributing better in control the children's behavior.
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