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在人口老龄化的大背景下,老年人犯罪现象日益严重,如何合理有效追究老年人犯罪的刑事责任也逐渐受到关注。但我国对老年人犯罪的研究还比较薄弱,相关刑事政策虽有提及对老年人犯罪的从宽政策,但内容不够具体,缺乏操作性,司法实践中很难针对老年人犯罪的具体特点合理运用从宽政策。本文结合刑法修正案(八)关于老年人犯罪的从宽处理,从老年人群体的特殊性出发,就宽严相济的刑事政策在老年人犯罪上得应用进行探讨。
Under the background of population aging, the crime of the elderly is worsening day by day, and how to investigate the criminal responsibility of the elderly in a reasonable and effective way is also receiving more and more attention. However, the study on the crime of the elderly in our country is still relatively weak. Although the relevant criminal policy refers to the lenient policy on crimes committed by the elderly, its content is not specific and lacks operability. It is very difficult to regulate the specific characteristics of crimes committed by the elderly in judicial practice Use a lenient policy. This article, combined with the Criminal Law Amendment (8), deals with the leniency of the crimes committed by the elderly and from the peculiarities of the elders, discusses the application of the criminal policy of “leniency and strictness” in the criminalization of the elderly.