China News Service, December 21. According to Yue Zhongming, spokesperson of the Legal Work Committee of the Standing Committee of the National People's Congress, on the 21st, the Criminal Law Amendment (11) draft revised and improved the legal minimum age of criminal responsibility for minors and related regulations.
Under certain circumstances, through special procedures, the legal minimum age of criminal responsibility is individually lowered: a person who has reached the age of 12 but not the age of 14 commits the crime of intentional homicide, intentional injury, death or serious injury caused by special cruel methods Anyone who causes severe disability and the circumstances is abominable shall be criminally liable with the approval of the Supreme People’s Procuratorate.
A press conference for the spokesperson of the Legislative Work Committee of the Standing Committee of the National People's Congress was held this morning to introduce the legislative work of the Standing Committee of the National People's Congress.
At the meeting, a reporter asked: What are the main new adjustments in the Criminal Law Amendment (11) draft submitted for deliberation in strengthening the protection of minors in the Criminal Law?
For example, are there any new changes to the regulations on the age of criminal responsibility for minors?
Yue Zhongming stated that the Criminal Law Amendment (11) draft revised and improved the legal minimum age of criminal responsibility for minors and related regulations based on the opinions of relevant parties.
Under certain circumstances, through special procedures, the legal minimum age of criminal responsibility is individually lowered, stipulating that: a person who has reached the age of 12 but not the age of 14 shall commit the crime of intentional homicide, intentional injury, cause death or use special cruel means If a person is seriously injured and severely disabled and the circumstances are bad, the Supreme People’s Procuratorate shall be subject to criminal responsibility.
At the same time, overall consideration will be given to issues related to the revision of the Criminal Law and the Law on the Prevention of Juvenile Delinquency, and the correction of custody and education has been revised.
Regarding the crime of sexual assault by adopters and other persons with special duties, whether to consider stipulating preventive measures?
In response to this, Yue Zhongming responded that the Criminal Law Amendment (11) Draft committed crimes of sexual assault against persons who have special responsibilities such as guardianship, adoption, nursing, education, and medical treatment by underage women who have reached the age of 14 but under the age of 16 Regulations.
The 2015 Criminal Law Amendment (9) made special provisions on the prohibition of employment, and the people's courts may impose penalties on the use of professional convenience to commit crimes or commit crimes that violate specific obligations of professional requirements.
Other laws and administrative regulations that otherwise prohibit or restrict their employment in related occupations shall follow their provisions.
For example, Article 14 of the Teachers Law stipulates that those who have been deprived of political rights or have been punished by a fixed-term imprisonment or higher for a deliberate crime cannot obtain the qualifications of teachers; those who have already obtained the qualifications of teachers lose their qualifications.
In addition, Yue Zhongming pointed out that in accordance with the relevant provisions of the Criminal Law, the people’s court can issue a prohibition order at the same time as the sentence of probation, and prohibit criminals from engaging in work and activities related to minors during the execution of the sentence, and prohibit them from entering the elementary and middle schools. , Kindergarten parks and other places where minors are concentrated. Therefore, criminals who sexually abuse minors against persons with special responsibilities may be prohibited from practicing in accordance with the Criminal Law and other laws and administrative regulations. At present, it is necessary to further strengthen enforcement, improve the specific systems related to the acquisition, review and enforcement of employment prohibition information, and effectively prevent criminals who sexually assault minors from engaging in work and activities related to minors again.