China News Service, March 19 (Xinhua) Recently, the case of "a junior high school student in Handan was murdered by three classmates" has attracted the attention of netizens.
Lawyer Yue Qishan from Beijing Yue Cheng Law Firm said that the Supreme People's Procuratorate in this case will most likely activate Paragraph 3 of Article 17 of the Criminal Law, making it the first prosecution case in the country since this provision was added in 2020.
Paragraph 3 of Article 17 of the "Criminal Law" refers to "a person who is over 12 years old but under 14 years old, commits the crime of intentional homicide, intentional injury, causing death or causing serious injury and severe disability by particularly cruel means, and the circumstances are egregious , who shall bear criminal responsibility if the Supreme People's Procuratorate approves the prosecution."
This provision is a new provision in the "Criminal Law Amendment (Eleven)" that will be implemented on March 1, 2021. It lowers the age of criminal responsibility and stipulates that persons who are over 12 years old and under 14 years old are guilty of intentional homicide. , for the crime of intentional injury, criminal liability can be pursued after certain conditions are met and the prosecution is approved by the Supreme People's Procuratorate.
Lawyer Yue Qishan said that in this case, the specific ages of the persons involved have not been disclosed. According to the "Situation Briefing" issued by the Joint Working Group of Feixiang District, Handan City, Hebei Province on the evening of March 17, it was stated that after the murder of student Wang Moumou, The public security organs immediately launched investigation work. On March 11, all criminal suspects involved in the case were arrested and criminal coercive measures were taken in accordance with the law.
Based on the above legal provisions, the "Situation Notice", news reports, etc., we can basically judge that this case is most likely to be intentional homicide or intentional injury resulting in death. The three minors involved may be over 12 years old and are very likely to be involved in the crime. The Supreme People's Procuratorate approved the prosecution, becoming the first case approved by the Supreme People's Procuratorate after the age of criminal responsibility was lowered.