Convicted young offenders to undergo special rehabilitation education

Education department and law enforcement authorities in China can now choose to put young offenders under special rehabilitation education measures instead of exempting from criminal liability due to their age, according to a new law adopted on Saturday.

The amendment to the Law on the Prevention of Juvenile Delinquency was passed by the Standing Committee of National People's Congress, China's top legislature, on Saturday after a third review. It will take into effect from June 1.

The amended law stipulates that juveniles convicted of crimes but exempt from criminal punishment because they are under the age of criminal liability should receive special correctional education.

Governments above county level are required to set up special educational committees to guide the work of special correctional and reform schools, it said, allowing educational administrations with public security organs to send such young offenders to the schools after getting approval from the committees.

Before the adoption, the top legislature had reviewed the legal document in October 2019 and August.

Also on Saturday, the NPC Standing Committee passed the amendment to the Criminal Law, which has lowered the age of criminal responsibility to 12 in some special cases.

It clarifies that the age of people held criminally liable in the country is 16, with those between 14 and 16 facing criminal liability if they commit serious violent crimes, including intentional homicide, intentional injury, rape and robbery. 

It stipulates that children aged 12 to 14 also need to be held criminally liable for intentional homicide or intentional injury that leads to death or causes others serious disability by extremely cruel means. The process requires approval from the Supreme People's Procuratorate.

Children who commit crimes but can be exempt from criminal punishment under the amended Criminal Law will face special correctional education if necessary.