If a person who has reached the age of 75 commits a crime, he shall be given a lighter or mitigated punishment.

If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment. Amnesty for people who have reached the age of 75 not only conforms to the historical tradition of China, but also conforms to the internationally accepted principle of humanitarian pardon. China's criminal legislation and judicial practice embody the spirit of light punishment for crimes committed by the elderly over 76 years old.

For people who have reached the age of 75 at the time of committing a crime, the leniency rules for intentional crimes and negligent crimes are different. Whoever intentionally commits a crime may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment. Older people over 75 who have been sentenced to fixed-term imprisonment are generally put in prison to serve their sentences.

To solve the "dilemma" problem of punishing crimes committed by the elderly, we need to pay equal attention to cracking down and preventing them;

1. In terms of cracking down, the focus is on grasping the punishment scale of crimes committed by the elderly. Although the elderly are not suitable for being detained or imprisoned after committing a crime, not being detained or imprisoned does not mean that they will not be punished. Not only the punishment methods such as warning and fine can still be applied, but also the necessary behavior control should be carried out for the elderly offenders, such as guardianship isolation, residence restriction, specific activities restriction and participation in community services. Judicial practice shows that as long as the consequences of punishment are greater than the benefits brought by illegal crimes, punishment can play its preventive function and role;

2. From the aspect of prevention, it should be the knowledge of the whole society to curb crimes committed by the elderly by popularizing legal knowledge. Preventing the elderly from going astray is the greatest protection for their rights and interests. Undeniably, some elderly people did not receive systematic legal education for various reasons in the past, and were marginalized by society when they entered old age. They tend to be more paranoid and more likely to break the law.

Legal basis: Article 17 of the Criminal Law of People's Republic of China (PRC).

If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment.

Article 49

The death penalty is not applicable to people under 18 years of age at the time of the crime and women who are pregnant at the time of trial.

The death penalty does not apply to people who have reached the age of 75 at the time of trial, except those who cause death by particularly cruel means.