China News Service, Beijing, October 13 (Reporter Zhang Weiran and Zhang Su) The draft amendment (11) of the Criminal Law was submitted to the 13th National People's Congress Standing Committee for second review on the 13th.
Aiming at social hot issues such as crimes committed by minor minors, sexual abuse of minors by persons engaged in special duties such as adoption and nursing, police violence, college impostors, and forced athletes to use stimulants, the second draft of the draft further weaves a secret law network to protect the public Rights and interests include the proposed lowering of the minimum age of criminal responsibility, separate penalties for violent assaults on police, penalties for imposing college admissions, and criminalization of organizing and forcing athletes to use doping.
12 to 14-year-old guilty of intentional homicide with atrocious circumstances and to be liable
In practice, crimes committed by young minors are more prominent, which arouses social concern.
The Constitution and Law Committee of the National People's Congress has studied and recommended amendments to the regulations on the legal minimum age of criminal responsibility and detention and education.
It is proposed to individually lower the legal minimum age of criminal responsibility through special procedures under specific circumstances.
Article 17 of the Criminal Law stipulates that a person who has reached the age of 12 but not the age of 14 commits the crime of intentional homicide or intentional injury, resulting in death, and the circumstances are abominable, shall be subject to criminal responsibility upon approval by the Supreme People’s Procuratorate.
The above regulations mean that the minimum age of criminal responsibility is planned to be lowered to twelve years old.
At the same time, considering issues related to the revision of the Criminal Law and the Law on the Prevention of Juvenile Delinquency as a whole, the second draft of the draft revised the detention and education into specialized correction education.
The criminal law intends to clearly stipulate the crime of sexual assault by guardianship, adoption, etc.
In response to the issue of sexual assault against minors in judicial practice, the second draft of the draft intends to strengthen the criminal law protection of minors.
These include: revising the crime of adultery of underage girls, and clearly applying heavier penalties to serious situations such as adultery of underage girls under the age of ten or causing harm to underage girls.
Increasing the crime of sexual assault by persons with special duties, for persons with special duties such as guardianship, adoption, nursing, education, medical treatment, etc., who have sexual relations with underage women who have reached the age of 14 but under the age of 16, regardless of whether the minor agrees, All should be held criminally responsible.
Revise the crime of child molestation to further clarify the specific circumstances under which heavier penalties are applied to the crime of child molestation.
Violent assault on police intends to be sentenced alone
Some members of the Standing Committee of the National People’s Congress and departments suggested that the prevention and punishment of assaults on the police should be further strengthened in law, and the “violent attack on the people’s police who are performing their duties according to law” stipulated in Article 277 of the Criminal Law should be revised. The provision of severe punishment for official crimes adds a separate legal penalty.
At the same time, heavier penalties have been increased for serious violent attacks on police such as using guns, controlling knives, or driving a motor vehicle to hit the police.
The Constitution and Law Committee of the National People's Congress recommended the adoption of the above opinions after research.
Impersonating going to college is to be considered a crime
Some members of the Standing Committee of the National People's Congress, departments, localities, and the public have proposed that incidents such as imposters in college that have seriously harmed the interests of others and undermined the bottom line of educational equity and social equity should be specifically criminalized.
After research, the Constitution and Law Committee of the National People’s Congress recommends that the above opinions be adopted, and the embezzlement or fraudulent use of the identity of others to replace others’ higher education qualifications, civil servant employment qualifications, and employment placement treatments shall be criminalized, and it shall be organized and instructed. If implemented by others, he shall be punished severely.
"Self-laundering" behavior after committing a serious crime is to be penalized
In order to further give play to the criminal law's role in preventing and dissolving financial risks and maintaining financial order, the second-review draft of the draft made the following amendments and supplements: First, in response to new situations, the crime of manipulating the securities and futures markets was supplemented and improved, and the criminal law network was further tightened.
The second is to amend the crime of money laundering, make “self-laundering” after some serious crimes committed as a crime, at the same time improve the methods of money laundering, and increase the amount of money laundering through “payment” settlement by underground banks.
The above-mentioned amendments are intended to provide adequate legal guarantees for relevant departments to effectively prevent and punish money laundering crimes, as well as overseas pursuit of escape and stolen property.
The third is to increase the penalties for the crime of fund-raising fraud in relevant articles.
Organize and force athletes to use stimulants to be penalized
Some departments have proposed that violations related to doping seriously damage the image of the country, undermine fair competition in sports competitions, and seriously damage the physical and mental health of athletes. It is recommended to organize and force athletes to use doping, and to induce, abet, and deceive athletes to use doping to participate in domestic, Serious circumstances such as major international sports competitions or the provision of stimulants are criminalized.
In response to this, the second-review draft of the draft intends to add an article after Article 355 of the Criminal Law to make corresponding provisions.
In addition, considering that cross-border gambling crimes have been serious in recent years, resulting in a large outflow of funds, which has seriously damaged the image of the country and economic security, the second draft of the draft intends to further adjust the penalty configuration for the crime of opening casinos, and increase the organization of overseas casino personnel and solicit Chinese citizens. Outbound gambling crime.
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