Underage suspects face criminal charges for murdering 13-y-o classmate, following SPP review
Three underage suspects in the case of a 13-year-old boy murdered on March 10 by classmates in Handan, North China's Hebei Province have been approved for prosecution, following a review by the Supreme People's Procuratorate, Hebei authorities announced on Monday.
As this could be the first case nationwide to apply the new provision under the Criminal Law Amendment, Chinese legal experts said that it could serve as a benchmark for similar cases in the future. They also emphasized that efforts from multiple parties are needed to effectively address juvenile crime.
According to media reports, seventh-grade boy Xiao Guang (pseudonym) was killed and buried on March 10 by three of his classmates of the same age in Handan. The suspects involved were all captured the next day and taken into custody.
The local procuratorate proposed criminal charges for the three suspects to the higher authorities, with the decision being ultimately upheld by the Supreme People's Procuratorate.
Ying Yong, procurator-general of the Supreme People's Procuratorate, stressed on Monday the importance of comprehensively and accurately handling the protection of minors when he delivered a speech to more than 600 students at the National Prosecutor's College. Ying also stressed zero tolerance for crimes against minors and the need to enhance prevention and control of such crimes.
Ruan Qilin, a professor at the China University of Political Science and Law, told the Global Times on Monday that the three suspects facing criminal charges will be held accountable for intentional homicide, with the maximum statutory penalty for such offense being the death penalty. However, since the death penalty does not apply to minors, the actual maximum statutory penalty that can be enforced in this case is life imprisonment, Ruan said.
Ruan said that the sentencing will also vary depending on the role of each suspect in the joint crime, and if the suspect is an accomplice, the punishment should be mitigated or exempted according to the law. "However, it should be noted that if the difference in roles among the suspects is not significant, they can all be considered as principal offenders," he noted.
In December 2020, China adopted Amendment XI to the Criminal Law, lowering the age of criminal responsibility for murder and severe injury cases by two years from the previous statutory age of 14. Such prosecution requests must be approved by the Supreme People's Procuratorate, Xinhua News Agency reported.
He Ting, a professor at Beijing Normal University Law School, who was quoted by the People's Procuratorate of Hebei Province on Monday, said this adjustment provides a pathway for handling serious violent crimes committed by young minors within the judicial system, and it takes into account the new situation and characteristics of juvenile crime, balancing legislative responses with the feelings of both the victims and the society.
It also indicates that holding criminal responsibility and imposing punishment is the last resort for dealing with juvenile crime, and decisions need to be made based on the specific circumstances of each case and each individual, He noted.
Given that the Handan case could be the first case nationwide to apply the new provision, Ruan told the Global Times that this precedent will serve as a benchmark, providing references for future similar cases, including the approval of criminal responsibility, the determination of charges and the appropriate punishment.
The decision made by China's top procuratorate has drawn widespread attention among Chinese netizens, with the hashtag quickly rising to the top of the search list on China's X-like social media platform Sina Weibo on Monday morning. The topic has garnered over 480 million views and sparked more than 104,000 discussions as of press time. Many people supported the decision, saying that being an adolescent is not a shield for committing crime, while others are calling for deeper reflection on juvenile delinquency.
He noted that the governance of juvenile crime is complex, and relying solely on holding criminal responsibility and imposing penalties cannot completely solve the problem of juvenile delinquency. It is necessary to strengthen the construction of a graded intervention and correction system for juvenile delinquency, and carry out systematic prevention and governance.
Ruan told the Global Times that the frequent occurrence of juvenile delinquency can be attributed to the lack of proper family and school education. To address this issue, the education on lawful conduct for young individuals must be enhanced, and schools must be vigilant in detecting and quick to address instances of bullying among students, he said.
Since the new provision under the Criminal Law Amendment took effect in March 2021, the Supreme People's Procuratorate has been conducting approval work in cases with serious criminal circumstances and meeting the conditions for approval of criminal charges. Corresponding correctional education and victim assistance and protection work are also carried out for cases that are not approved.