Guideline targets gangs that lure minors to commit crimes

Move comes as number of prosecuted juveniles, while small, continues to rise

Gangs that force minors to commit crimes in order to avoid punishment will face severe penalties, according to a guideline issued by judicial authorities on Thursday.

The guideline is meant to protect the legal interests of minors and push forward the fight against organized crime, said Wan Chun, an official with the Supreme People’s Procuratorate.

The guideline, jointly issued by the Supreme People’s Court, the SPP and the Ministry of Justice, specifically mentions crimes including intentional homicide, intentional injury causing serious injury or death, rape, kidnapping, or robbery in which a minor is pressured to participate.

Teaching minors the methods, skills and experience to commit crimes and forcing them to surrender or make false confessions are also covered in the guideline.

According to the guideline, heavier penalties will be given to gang leaders and other key members that use minors for crime. No leniency shall be given even if they surrender, confess or perform meritorious services.

Wan said although the number of minors involved in crimes is small, it is increasing year by year.

Data from the SPP showed that 428 minors were prosecuted for organized crimes in 2018. Last year, that number rose to 552.

“The urgent problem is that some offenders intentionally induce minors to commit organized crimes in order to evade criminal punishment, which greatly harms social stability and the healthy growth of minors,” Wan said.

There are also some gangs that lure minors with drugs, according to him.

In one case released by the SPP, a man surnamed Li in Qingyuan, Guangdong province, led a gang of six minors. Between 2015 and 2017, Li used the group to commit violent crimes. To shield himself from scrutiny, he asked them to surrender to police and make false confessions.

Prosecutor Gao Jingfeng said gang leaders like Li take advantage of minors’ immaturity, social inexperience and weak sense of the rule of law.