[Explanation] The "Criminal Law Amendment (11)" lowers the age of criminal responsibility. How will the People's Court enforce this?
On January 20, the Supreme People's Court issued the "Opinions on Strengthening Juvenile Trials in the New Era." Zhou Jiahai, deputy director of the Research Office of the Supreme People's Court, said that the addition of relevant regulations is an important partial adjustment to China's criminal responsibility age system.
[Concurrent] Zhou Jiahai, Deputy Director of the Research Office of the Supreme People's Court
In response to social concerns, after comprehensive consideration of the physical and mental development status of minors in our country at this stage, illegal and criminal circumstances, and repeated demonstrations and prudent decision-making, the legislature has decided to add a provision in the Criminal Law: Anyone who commits the crime of intentional homicide or intentional injury, causing death or using particularly cruel means to cause serious injury, and the circumstances are bad, and the Supreme People’s Procuratorate has approved the prosecution, and shall bear criminal responsibility.” This is what my country’s age system for criminal responsibility does Important local adjustments.
[Explanation] Zhou Jiahai pointed out that it is necessary to strictly, accurately and fully grasp the applicable conditions and procedures for accountability, and when necessary, judicial interpretations will be issued to clarify the specific criteria for the application of penalties in cases.
[Concurrent] Zhou Jiahai, Deputy Director of the Research Office of the Supreme People's Court
It is necessary to strictly, accurately and fully grasp the applicable conditions and procedures for investigating criminal responsibility for persons who have reached the age of twelve but not the age of fourteen. The investigation shall be resolutely investigated in accordance with the law and should not be tolerated; at the same time, attention must be paid to restraint, The spirit of prudent legislation prevents improper application.
When necessary, we should also consider introducing judicial interpretations or guiding cases, etc., to make specific provisions on the specific identification standards stipulated by the criminal law, such as what is "extremely cruel means" and what is "bad circumstances". There are corresponding guidance on how to apply penalties in related cases to ensure the accurate and uniform implementation of the law.
[Explanation] Zhou Jiahai said that, on the other hand, the people’s courts must actively participate in social governance. Juvenile offenders, especially young offenders at a young age, cannot be sentenced at once, and education, probation, and salvation must be done seriously. Let them get back on track in their lives and prevent them from harming society again.
[Concurrent] Zhou Jiahai, Deputy Director of the Research Office of the Supreme People's Court
Problem children often come from problem families.
The people's court shall coordinate with relevant departments to urge relevant families and parents to perform their guardianship and discipline responsibilities in accordance with the law, and provide timely assistance to children in difficulties.
School is the main place of life for children.
The people's courts should strengthen the connection with primary and secondary schools, assist schools in setting up legal education courses, and provide timely professional psychological counseling to children with signs of problems.
[Explanation] Harmful information on the Internet is very harmful to children's physical and mental development. Zhou Jiahai said that the people's court should urge and support relevant departments to strengthen supervision through judicial advice and other methods to create a safe and healthy online environment for minors.
(Reporter Shan Lu reports from Beijing)
Editor in charge: [Li Yuxin]