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完全无刑事责任能力指行为人没有刑法意义上的辨认和控制自己行为的能力。按照我国刑法规定,完全无刑事责任能力人包括两类:一类是不满14周岁的人;一类是行为时因精神病而不能辨认或者不能控制自己行为的人。本文旨在通过案例探讨完全无刑事责任能力未成年人犯罪之应对措施。
The complete absence of criminal responsibility means that the perpetrator does not have the ability to identify and control his actions in the criminal law sense. According to China’s criminal law, there are two types of people who have no criminal responsibility: one is a person under the age of 14, and the other is a person who can not recognize or control his actions because of mental illness. The purpose of this article is to explore, through a case study, the response to the crime of minors who have no criminal responsibility.