On March 10, 2024, Wang Moumou, a first-year junior high school student in Feixiang District, Handan City, Hebei Province, was killed. On March 11, the three juvenile suspects involved in the case, Zhang Moumou, Li Moumou, and Ma Moumou, were all arrested by the public security organs. The procuratorial organs attach great importance to and intervene in the investigation activities of the public security organs in advance in accordance with the law. On March 21, the Public Security Bureau of Feixiang District, Handan City, submitted to the procuratorate for approval of prosecution of Zhang, Li and Ma on suspicion of intentional homicide. Recently, after review by the Supreme People's Procuratorate, it was decided to approve the prosecution of criminal suspects Zhang XX, Li XX and Ma XX in accordance with the law.
He Ting, professor and doctoral supervisor of the Law School of Beijing Normal University, interprets this.
Serious violent crimes committed by minors at a young age
Criminal responsibility can be pursued in accordance with the law through approval of prosecution, and the Criminal Law Amendment (11), which came into effect on March 1, 2021, adds a new paragraph 3 to Article 17 of the Criminal Law, which stipulates: "A person who has reached the age of 12 but is not yet 14 years old and commits the crime of intentional homicide or intentional injury, causing death or causing serious injury by particularly cruel means, causing serious disability, and the circumstances are heinous, and the Supreme People's Procuratorate approves the prosecution, shall bear criminal responsibility." This provision lowers the age of criminal responsibility in mainland China from the previous 14 years old to 12 years old on an individual and conditional basis, providing a way to deal with serious violent crimes committed by young minors within the judicial system. This adjustment is a legislative response that takes into account the feelings of the victims and society on the premise of taking into account the new situation and characteristics of juvenile crime, and also shows that pursuing criminal responsibility and imposing criminal punishment is the last resort to deal with juvenile crimes, and it needs to be reviewed and decided on the basis of the different circumstances of each case and each perpetrator. According to this provision, the following conditions must be met to pursue the criminal responsibility of minors between the ages of 12 and 14: (1) the commission is intentional homicide, Criminal acts of intentional injury;(2) It is objectively necessary to cause consequences such as causing death or causing serious injury to a person by particularly cruel means; (3) After a combination of subjective and objective review of the conduct and the perpetrator, it is necessary to meet the standard of heinous circumstances; (4) Procedurally, the procuratorate at the place where the crime occurred must report to the Supreme People's Procuratorate, and after the Supreme People's Procuratorate approves the prosecution, the criminal prosecution procedure shall be initiated, and the people's court shall finally make a judgment. It is reported that since March 2021, in accordance with the provisions of the Criminal Law, the Supreme People's Procuratorate has carried out the work of approving and prosecuting cases of serious violent crimes committed by underage minors in accordance with the law, and has approved and prosecuted cases where the circumstances of the crime are heinous and meet the requirements for approval of prosecution. Of course, the governance of juvenile delinquency is a complex system project, and relying solely on the pursuit of criminal responsibility and the imposition of criminal punishment cannot completely solve the problem of juvenile delinquent governance, and it is necessary to strengthen the construction of a hierarchical intervention and correction system for juvenile delinquency, and carry out systematic prevention and treatment of juvenile delinquent behavior.
Source/People's Daily client
Women's Big Study | Today I'm here to learn
The 17th meeting of all members of the Anhui Provincial Joint Conference on Safeguarding the Legitimate Rights and Interests of Women and Children was held, and Zhang Yunsheng attended and delivered a speech
Anhui Province commemorates the 114th anniversary of the "March 8" International Women's Day and the commendation conference was held in Hefei