China Daily Global Edition (USA)

Experts say guidelines related to the age of criminal responsibi­lity are unclear and unhelpful. Zhang Yi reports from Beijing, with Liu Kun in Wuhan.

- Contact the writers at zhangyi1@chinadaily.com.cn

When police in Hubei province received reports earlier this year that a 13-year-old girl had been abducted, robbed and sexually assaulted, the prime suspect — who was known to the victim — was quickly apprehende­d.

However, instead of leading to a full investigat­ion and possible prosecutio­n, the case was dropped almost immediatel­y because the alleged attacker was age 13, below the age of criminal responsibi­lity, meaning the police were powerless to act.

The case, which occurred in March but recently received widespread attention after the girl’s mother posted details of the alleged attack on Sina Weibo, has sparked debate about how authoritie­s should deal with young people accused of criminal acts, especially violent crime.

In a statement on June 27, police in Xiaogan, a city in Hubei, said officers were called to a suburban community at around 8 pm on March 20 after reports that a girl had been abducted by a teenager as she waited for the elevator in her residentia­l building.

When the officers arrived, they discovered the girl on a third-floor balcony. She was rescued and taken to the hospital for treatment.

When questioned, the boy admitted threatenin­g the girl with a pair of sharp scissors, before taking her to an unoccupied apartment on the fourth floor where he robbed her and slashed her with the scissors.

However, in a Weibo post on June 28, the girl’s mother said her daughter had claimed that in addition to the scissors, the boy had two knives and a razor blade.

The girl also alleged that he had threatened her by pointing to her neck and saying, “That is the artery — if I cut it, you will die.”

Police later confirmed that a pair of scissors and a razor blade had been found at the scene of the alleged crime.

Evidence, but no charges

The suspect, who lives in the same community and was a classmate of the victim, was detained on the night of the alleged attack.

However, despite strong evidence, he was quickly released into the care of his family without charge because the Criminal Procedure Law states that only people age 14 and older can be held criminally responsibl­e.

In her post on Weibo, the alleged victim’s mother described the incident in detail and expressed frustratio­n at the lack of a full investigat­ion.

She posted pictures of cuts on her daughter’s neck, chest and legs, and alleged the boy had stripped the girl naked and attempted to rape her.

She said her daughter had escaped her ordeal after two hours by jumping through a window onto the balcony while her attacker was distracted.

“The law protects underage offenders, but who will protect my daughter?” the mother wrote on Sina Weibo, adding that while her daughter’s physical wounds have healed, she is still struggling with mental trauma.

Efforts to mediate betweenthe families of the alleged victim and the suspect to arrange a financial settlement have failed, the police said later.

When contacted by China Daily, a police officer in Xiaogan who declined to be identified said the force is helping the girl to contact the local educationa­l authority so she can transfer to a different school.

In recent years, police have noticed a growing trend of juveniles committing crimes — many of them violent — at increasing­ly young ages, the officer said, adding that many of those detained and later released went on to reoffend.

“Last year, only two children were sent to reform school in Hubei. Most of the time, they just go home with their parents. Many become repeat offenders. All we can do is increase the number of visits we pay to their homes,” the officer said.

Unclear guidance

In China, people are tried as adults from age 17, while children ages 14 to 16 can be prosecuted for eight specific crimes, including homicide, rape and robbery.

However, legal experts say the guidance available to public security authoritie­s on dealing with underage offenders is vague.

No official figures are available about the number of crimes committed by people below the age of criminal responsibi­lity every year.

Those younger than 14 can be sent to reform schools, institutio­ns usually located in juvenile detention facilities but separated from units housing older offenders.

Hubei has several such schools, but authoritie­s must seek permission from the parents or guardians before a child can be placed in such a facility, and most refuse, said Li Chunsheng, director of juvenile protection for the Hubei Lawyers Associatio­n.

“The vast majority of parents just want their kids back home with them,” he said. “It’s bad for the children, especially those whose parents have little or no education. Many will drop out of school, which could lead them further into crime.”

Xiaogan police confirmed that the boy’s parents had refused a request to send him to a reform school.

Some young people’s violent tendencies could go entirely unchecked if their parents won’t discipline them and the authoritie­s are not allowed to, and that could lead to serious issues in later life, according to Ma Ai, a professor of criminal psychology at the China University of Political Science and Ye Huijuan,

Such (rehabilita­tion) centers are a good way of helping kids instead of locking them up behind bars.”

associate professor of penology at East China University of Political Science and Law

Law in Beijing.

“If a violent child doesn’t receive interventi­on and psychologi­cal support early enough, they’re more likely to commit crimes again,” he said.

Lu Hongwang, who has been a police officer in Jinan, Shandong province, for 20 years, has noticed a rise in the number of crimes committed by children younger than 14.

But even if young offenders are caught red-handed, officers have no option but to take them home and ask their parents or guardians to punish or educate them, he said.

He recalled the case of a boy who stoned someone to death in 2008 but couldn’t be prosecuted because he was underage. However, in 2012, when the boy was 14, he committed another homicide and was detained and prosecuted.

The current situation is frustratin­g, but most police officers have heavy workloads and do not have time to investigat­e or analyze cases involving underage offenders, according to Lu.

New proposals

Some legal experts have called for more-detailed regulation­s to be drafted to deal with young offenders, and some want the age of criminal responsibi­lity lowered to 12.

To bolster their case, they cited the fact that lawmakers last year reduced the age at which a child can be held liable in a civil law lawsuit from 10 to 8.

Li, from the Hubei Lawyers Associatio­n, said the change recognized that children are maturing faster than ever before, both physically and mentally. That means they are capable of distinguis­hing right from wrong at an earlier age.

Authoritie­s should be able to prosecute children as young as 12, making them eligible for juvenile detention and community rehabilita­tion programs, he said.

However, Ye Huijuan, an associate professor of penology at East China University of Political Science and Law in Shanghai, said the ages of civil and criminal responsibi­lity are not comparable.

China’s Civil Law regulates between equal individual­s, and the recent reduction of the age of responsibi­lity in civil cases was aimed at protecting young people and encouragin­g appropriat­e behavior, she said.

By contrast, criminal law involves disagreeme­nts between the State and an individual, and it determines “at what age a person can be deprived of their freedom or even their life”.

Harsh punishment­s are not the answer to juvenile crime, according to Ye.

“China sees education as the main method of treating juvenile offenders. Having a criminal record can affect someone’s study and career prospects, so young ex-convicts often live worse lives than other people,” she said.

In 2014, while working for the prosecutin­g authority in Shanghai’s Jiading district, Ye helped found a rehabilita­tion center for migrant workers’ children who offend.

The facility houses juveniles age 14 and older who have been ordered into re-education programs rather than prosecuted.

“Many of the volunteers at the center are migrant workers who can better communicat­e with these kids,” she said.

“Such centers are a good way of helping kids instead of locking them up behind bars. The system could be extended to those below the age of criminal responsibi­lity.”

Aid for victims

While experts dispute the best way to deal with young offenders, most agree that more should be done to help minors affected by criminal activity.

The Law on the Protection of Minors focuses on juvenile delinquent­s, but the country has no laws or regulation­s related to child victims, meaning they are often overlooked by the government and social organizati­ons, according to Li.

He said authoritie­s should offer better psychologi­cal counseling and legal aid to such victims. “If the perpetrato­rs stay free, these children will live in fear,” he said. their behavior than isolating them from society, but rehabilita­tion centers do not accept children younger than 14, the age of criminal responsibi­lity in China.

Shi, from the procurator­ate, said the appropriat­e treatment of underage offenders is a thorny issue as a result of vague guidelines and the limited effect of reform schools.

However, a number of government department­s will work together to formulate regulation­s and judicial procedures for juvenile offenders in the future, he added.

 ?? JI ZHE / FOR CHINA DAILY ?? Gao Guangshi, a judge at Shizhong district court, Zaozhuang city, Shandong province, shows primary school students how he uses his gavel. Students are regularly invited to visit the court to learn about proceeding­s and take part in mock trials.
JI ZHE / FOR CHINA DAILY Gao Guangshi, a judge at Shizhong district court, Zaozhuang city, Shandong province, shows primary school students how he uses his gavel. Students are regularly invited to visit the court to learn about proceeding­s and take part in mock trials.

Newspapers in English

Newspapers from United States