China Daily

Revised law sees fall in recorded juvenile crime

Case numbers decline as courts opt for rehabilita­tion over punishment and criminal records, as Cao Yin reports.

- Contact the writer at caoyin@chinadaily.com.cn

The number of court cases involving minors — children age 17 and younger — has fallen by almost 50 percent in the past five years, according to a report published by the National Bureau of Statistics.

The report shows that China’s courts dealt with 35,743 cases involving minors last year, a fall of 47.6 percent compared with 2012.

Experts are attributin­g the change to the influence of the revised Criminal Procedure Law of 2012, which highlights education and rehabilita­tion rather than punishment for minors accused of crimes, and a decline in the number of repeat offenders.

However, judges and legal experts said juvenile crime is still a serious issue, and the Supreme People’s Court has stressed that violent crimes, such as intentiona­l homicide and rape, and drug-related offenses, remain major problems, especially among children age 14 and younger.

“These criminals may be young, but they have big problems,” said Qin Shuo, chief judge of the juvenile tribunal at Beijing Haidian District People’s Court. “It’s easy to judge these young people, but getting them back on the straight and narrow is not easy.”

As a pioneer judicial authority that has specialize­d in juvenile crime since 1987, the court has introduced a range of measures to help young offenders and their victims, and conducted studies on child protection and crime prevention.

In August 2013, the court establishe­d the judicial tribunal to handle civil and criminal cases involving minors and college students. It requires psychologi­cal assessment­s of juvenile offenders before prosecutio­n, and provides courses for victims and the parents of young criminals to help them deal with the situation, according to Qin.

In addition, it operates a “return visit” program, under which officials keep track of offenders and victims when cases are concluded, and also encourages regular communicat­ion between judges and young offenders.

“Juvenile cases are different from adult ones. That means we must tackle them with different measures, and always make education a priority,” Qin said.

Song Yinghui, a professor of law at Beijing Normal University, praised the measures. “Helping a juvenile criminal return to ‘normal life’ is a crucial element, alongside the values held by judges such as Qin,” he said.

Psychologi­cal aid

In the 1990s, the court began including psychologi­cal assessment­s in its work, and about three years ago, it invited researcher­s from the psychology department at the People’s Public Security University of China to participat­e in cases involving juveniles.

“It helps to know why a child has committed a certain crime because it provides a guide to rehabilita­tion. It’s like seeing a doctor and having a physical to determine if you require treatment,” said Li Meijin, an expert in criminal psychology at the university.

“After talking to young criminals and testing them, we submit a report to the court which informs the judges whether the offender is likely to respond to a rehabilita­tion program.”

Some minors who impulsivel­y commit serious crimes, such as intentiona­l homicide or intentiona­l injury, can be rehabilita­ted via lenient punishment, while others require regular checks or long-term treatment to work through their problems, according to Li.

“That’s because they are likely to develop serious psychologi­cal problems, or have been deeply influenced by broken families or terrible background­s,” he said.

Qin said psychologi­cal assessment­s can help judges during sentencing. She cited an example from 2015, when she sentenced a 17-year-old boy to two years in prison for injuring a stranger by stabbing him with a knife during a quarrel.

“The tests indicated that it was an impulsive act. Moreover, the offender pleaded guilty with a positive attitude, saying he did it to vent his anger,” she said.

However, she sentenced another 17-year-old to 11 years for unintentio­nal homicide and injury because he displayed no remorse and refused to apologize to the victims or their families.

“He injected bottles of juice with deadly chemicals with the aim of killing his stepgrandm­other after hearing his parents’ complain that she would inherit his grandfathe­r’s property and goods,” she said.

The boy’s mother threw the bottles away before the stepgrandm­other could drink from them, but a 6-year-old boy died and an elderly woman was poisoned after drinking the juice.

No action was taken against the mother because she was unaware that the bottles contained lethal substances.

Parenting classes

Guo Jie, a judge from Fujian province, said the guardians of young defendants should be required to attend “good parenting” classes. “Insufficie­nt care and protection, or poor communicat­ion within families can easily affect a child’s behavior,” she said.

A number of surveys reinforce that point. Between April and September, Song’s team questioned 399 juvenile inmates, receiving 393 responses. More than 74 percent said their guardians did not provide adequate care and failed to offer guidance that would help them to avoid pitfalls.

In 2014, a survey showed that 62 percent of 308 juveniles involved in civil or criminal cases did not live with their parents, while 75.15 percent rarely spoke with their guardians.

“It is obvious that insufficie­nt care is strongly linked to juvenile offenses,” Song said, adding that the figures also explain why many young offenders are the children of migrant workers in big cities.

Since 2012, Qin’s court has explored parental education. It invites psychologi­sts, and legal and educationa­l experts to share their knowledge with parents in accordance with their children’s crimes.

“For example, we provide classes for parents whose children committed drug-related offenses, and also give parenting classes to single fathers,” Qin said. “Classes for an individual case last three or four hours, while those for groups of parents last about an hour.”

Li is in favor of the measures: “The aim is to change children’s behavior by changing their parents. Better family relations can make a major contributi­on to the correction of young criminals, and help them to avoid reoffendin­g.”

Communicat­ions

To assess the impact of punishment and education in the rehabilita­tion of juvenile offenders, Qin’s tribunal establishe­d a communicat­ions channel between judges and young offenders, both those in detention and those who have served their sentences.

“Sentencing and punishment is not the end of juvenile cases. It is our job to put young people back on the right track and ensure their behavior has been corrected,” said Qin’s colleague, Cao Xiaoying.

Qin said the tribunal will establish a sister project next year, under which each judge will be responsibl­e for specific children. “If a juvenile commits a new crime or his or her family becomes embroiled in a fresh lawsuit, the judge who handled their original case will deal with the new problem,” she said.

“Better understand­ing of the family and child improves our effectiven­ess and allows us to establish trust with all parties concerned.”

Challenges

Although some parts of the revised law — such as sealing the criminal records of people age 18 and younger who have been sentenced to less than five years — aid child protection, problems remain.

“We still face challenges in preventing juvenile crime”, Li said. She urged the formation of public security department teams to specialize in cases of juvenile crime, and also called on NGOs to provide support measures for minors to help them avoid criminal activity.

Song suggested that an early interventi­on system should be establishe­d to identify potential young offenders, especially those who may commit violent crimes.

He cited a survey he conducted last year among 382 juvenile inmates in which 372 admitted behaving inappropri­ately, such as committing petty theft, before moving on to more serious crimes.

“If we can identify potential offenders and help them earlier, they may not commit crimes at all,” he said.

 ?? XINHUA ?? Middle school students use punch bags, accompanie­d by a prosecutor from Fucheng county, Hebei province, as part of a class in which children can experience crime prevention measures organized by the local juvenile legal education base.
XINHUA Middle school students use punch bags, accompanie­d by a prosecutor from Fucheng county, Hebei province, as part of a class in which children can experience crime prevention measures organized by the local juvenile legal education base.
 ?? YANG DONG / FOR CHINA DAILY ?? A prosecutor teaches children about bullying in Yicheng, Hubei province.
YANG DONG / FOR CHINA DAILY A prosecutor teaches children about bullying in Yicheng, Hubei province.
 ?? ZHANG LEI / FOR CHINA DAILY ?? A police officer explains dance moves to an offender in Sichuan province.
ZHANG LEI / FOR CHINA DAILY A police officer explains dance moves to an offender in Sichuan province.

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