China implements new rules on the criminal liability of minor offenders

As part of the country's broader efforts to both punish and prevent juvenile crime, China has introduced a new set of judicial rules to further clarify how criminal liability should be determined for juveniles age 12 to 14 who are involved in serious violent offenses.

The 15-article regulation, recently issued by the Supreme People's Procuratorate and the Ministry of Public Security, was made public on Friday. It took effect immediately after its disclosure, serving as a detailed implementation guideline for a provision under the revised Criminal Law that came into force on March 1, 2021.

Since then, children age 12 to 14 can be subject to criminal liability for committing intentional homicide or intentional assault resulting in death, or for causing severe injury with serious disabilities through exceptionally cruel means — provided the circumstances are egregious and the SPP grants prosecution approval.

The newly issued regulation specifies what constitutes "egregious circumstance" and establishes the procedural framework for coordination between public security agencies and procuratorates.

The regulation highlights that while the legitimate rights and interests of minor suspects must be protected, equal attention should be given to safeguarding the rights of victims, as well as maintaining social order and the public interest.

It also requires prosecutors to verify the age of minor suspects and to investigate a range of background factors, including their upbringing, family situation, personality traits, social relationships, motives for the offense, behavior after the crime, the status of guardianship and education, and the views of the victims' families.

When police apply for prosecutor approval, the application should be submitted to the procuratorate at the same level, which will then forward it to the SPP for review and final decision, according to the regulation.

China has lowered the age of criminal responsibility and intensified correctional education in recent years to prevent serious offenses committed by the very young and better rehabilitate them.