Today (May 5), the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Rape and Indecent Assault of Minors (hereinafter referred to as the Interpretation).
The relevant person in charge of the SPC said that among the various problems that infringe on the rights and interests of minors, sexual assault crimes such as rape and indecency seriously damage the physical and mental health of minors, seriously trample on the red line of law and the bottom line of ethics, and the people hate it deeply, and the society reacts strongly. At the same time, due to the complexity of the crime of sexual assault of minors, the Criminal Law has adopted a relatively general method of stipulating the aggravating circumstances of some crimes, which needs to be summarized and further clarified. In view of the new circumstances and changes that have emerged in recent years for such crimes, the Criminal Law Amendment (2021) implemented in 2021 has made important amendments to the conviction and sentencing standards for related crimes, and how these newly revised provisions are specifically applied also needs to be clarified. It is in this context that since <>, the Supreme People's Court, together with the Supreme People's Procuratorate, has conducted in-depth research and held several symposiums to listen to the opinions and suggestions of experts in the fields of law, children's medicine, psychology, representatives of women's federations, juvenile protection organizations, and comrades from judicial practice departments such as courts and procuratorates.
First, persist in severely punishing according to law. The Interpretation adheres to the strict word, focuses on cracking down on the edge, highlights the judicial concept of severe punishment, and further clarifies the conditions for criminalization of relevant crimes and the criteria for determining the aggravating and aggravating circumstances. For example, clarify the conditions for criminalizing indecent acts committed using the Internet; Clearly list a number of circumstances in which heavier penalties apply to rape of underage girls or rape of minors; Clarify multiple aggravating circumstances such as rape and indecent assault, "aggravating circumstances", and "causing harm to the victim"; It is clear that the application of probation for such crimes is strictly controlled, as well as the application of prohibition orders and prohibitions on practice in accordance with the law. This is of great guiding significance for further unifying the standards for the application of law and increasing the intensity of punishment.
Second, insist on proportionality between criminal responsibility and punishment. The Criminal Law stipulates that anyone who rapes an underage girl shall be given a heavier punishment, with the statutory penalty being 3 to 10 years' imprisonment, and aggravating punishment if the circumstances are egregious, and the statutory penalty being fixed-term imprisonment of more than 10 years, life imprisonment or the death penalty. For the crime of indecent assault on children, the penalty shall be fixed-term imprisonment of not more than five years, and if the indecent means are heinous or there are other egregious circumstances, the punishment shall be aggravated and the punishment shall be fixed-term imprisonment of not less than five years. The criminal law provisions are relatively general on how to determine that the circumstances are egregious and the means are egregious. The Interpretation comprehensively considers factors such as the subject, target, location, means, harmful consequences and other factors of the crime under different circumstances, and further clarifies and refines the relevant provisions on aggravating and aggravating punishment, so as to ensure that the criminal responsibility and punishment are commensurate, the punishment is appropriate, and the punishment is sufficient.
Third, adhere to special and priority protection. The Interpretation adheres to the maximization of the interests of minors, fully considers the characteristics of minors' immature physical and mental development, fully considers the great harm caused to minors' physical and mental health caused by rape and indecent assault, and implements the principle of special and priority protection for minors. For example, the Criminal Law provides for increased punishment for rape of a woman resulting in serious injury or death; The Interpretation stipulates that if an adulterous girl causes minor injury or a serious venereal disease, it shall be deemed to have "caused injury to the young girl", and the punishment shall be aggravated, and serious injury shall not be required.
The Interpretation consists of 16 articles, mainly including six aspects.
The first is to clarify the circumstances in which a heavier and heavier punishment range applies to adultery of an underage girl. Article 1 of the Interpretation lists six circumstances in which the "heavier punishment for adultery of an underage girl" should be applied under the Criminal Law, including those who commit adultery by means of violence or coercion, those who invade homes or student dormitories to commit adultery, and so on. The Interpretation also clarifies that adult defendants who rape or molest minors who admit guilt and accept punishment shall strictly determine whether and to be lenient in punishment.
The second is to clarify the criteria for determining the "aggravating circumstances" of rape of underage women and rape of underage girls. Article 2 of the Interpretation lists seven aggravating circumstances for how to apply the circumstances of "rape of a woman or rape of an underage girl" stipulated in the Criminal Law. For example, illegally detaining or using drugs to lure or control victims is "egregious" and shall be given an increased punishment. Article 3 of the Interpretation refines the aggravating circumstances of "adultery causing injury to a young girl" under the Criminal Law, further highlighting the severe punishment.
The third is to clarify the aggravating circumstances of the crime of sexual assault by personnel with care duties. Article 5 of the Interpretation clarifies the criteria for determining that the crime of sexual assault by persons with care duties is "egregious" and should be given an aggravated punishment in terms of the time, number of people, means, and consequences of the crime. Article 6 of the Interpretation also stipulates that if a person with special duties for a minor female takes advantage of his dominant position or the victim's situation of being isolated and helpless to force the victim to have sexual relations with him, he shall be convicted and punished as the crime of rape with a heavier statutory penalty, and the crime shall be punished in accordance with law, accurately and forcefully.
Fourth, clarify the aggravating circumstances for the crime of child molestation. Articles 7 and 8 of the Interpretation further refine the two aggravating circumstances added to the Criminal Law for indecent assault "causing harm to children or other serious consequences" and "indecent means or other egregious circumstances". For example, where it is clear that indecent assault causes minor injury or self-harm to a child, or makes a video of the indecent assault process to coerce the victim into molesting, the punishment shall be increased.
Fifth, it clarifies the standards for the application of law in some special circumstances. Article 9 of the Interpretation clearly convicts and punishes the crime of child molestation or forced indecency for special obscene acts such as coercing or luring minors into online naked chats, soliciting nude photos or videos from minors, and constituting other crimes, shall be convicted and punished in accordance with the provisions on heavier punishments.
Sixth, clarify the scope of medical expenses for supporting victims in cases of rape and molestation of minors. Article 14 of the Interpretation stipulates the scope of compensation for personal injury caused by such cases, and stipulates that the relevant expenses required for psychological treatment and rehabilitation are required to prove the need for psychiatric psychological treatment and rehabilitation based on appraisal opinions, medical diagnoses, etc., as reasonable expenses that the people's courts may support in accordance with law, highlighting special care and priority protection for minors, and helping minors recover as soon as possible and smoothly return to normal life.
(CCTV News Client CCTV reporter Li Kejing Li Ming)