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In order to correctly hear the criminal cases of minors and implement the principle of giving priority to education and taking punishment as a subsidiary, according to the Criminal Law and other relevant laws, the interpretation on the specific application of law in the trial of criminal cases of minors is hereby given as follows: Article 1. The "criminal cases involving minors" mentioned in this Interpretation refers to the cases in which the defendants have reached the age of 14 but not the age of 18 when committing the accused crimes. Article 2. The "full year of life" prescribed in Article 17 of the Criminal Law shall be calculated according to the year, month and day of the Gregorian calendar, and start from the second day after the birthday of a full year of life. Article 3. When a criminal case involving a minor is heard, the age when the defendant committed the accused crime shall be found, and the year, month and day of birth of the defendant shall be expressly stated in the court ruling. Article 4. Where there is no sufficient evidence proving that the defendant has reached the age for statutory criminal liability when the accused crime is committed and which really cannot be verified, it shall be assumed that he has not reached the corresponding age for statutory criminal liability. Where there is sufficient relevant evidence proving that the defendant has reached the age for statutory criminal liability when the accused crime is committed but the specific birth date of the defendant cannot be accurately found out, he shall be regarded as having reached the corresponding age for statutory criminal liability. Article 5. If a person who has reached the age of 14 but not the age of 16 commits an act other than those prescribed in Paragraph 2 of Article 17 of the Criminal Law and simultaneously violates Paragraph 2 of Article 17 of the Criminal Law, he shall be convicted and punished in term of the crime prescribed in Paragraph 2 of Article 17 of the Criminal Law. Article 6. If a person who has reached the age of 14 but not the age of 16 occasionally has sex with a girl under the age of 14 with a minor circumstance and which has not caused serious consequence, the act shall not be considered a crime. Article 7. If a person who has reached the age of 14 but not the age of 16 uses light violence or menace to forcibly demand a small amount of living or studying articles, money or property another minor carries and has not made the latter suffer a minor injury or not dare to go to school or live his life or has not caused any other dangerous consequence, the act shall not be considered a crime. If a person who has reached the age of 16 but not the age of 18 is under any of the circumstances prescribed in the preceding Paragraph, his act shall not be considered a crime as a general rule. Article 8. If a person who has reached the age of 16 but not the age of 18 beats another minor at will, forcibly takes or demands objects of other minors for may times, willfully damages or destroys public or private property, or disturbs the order of a school or any other public place to a serious extent in order to bully the small, domineer over the weak or quest for spiritual stimulation, he shall be convicted and punished in term of the crime of picking quarrels and provoking troubles. Article 9. If a person who has reached the age of 16 but not the age of 18 commits the crime of theft for less than three times and the amount of theft has amounted to the criterion of "large amount", and he faithfully confesses all the thefts and actively gives up the stolen money and property after committing the crimes, his act can be verified "the circumstances are obviously minor and the harm done is not serious" and shall not be considered a crime if he is also under any of the following circumstances: (1)being a deaf-and-mute or blind person; (2)playing a subordinate or assistant role or being menaced in the joint theft; or (3)having any other minor circumstance. If a person who has reached the age of 16 but not the age of 18 does not accomplish or suspends the crime of theft, his act may not be considered a crime. If a person who has reached the age of 16 but not the age of 18 steals the money or property of his own family or close relatives, or steals the money or property of any other relative and the other relative does not require to punish him, his act may not be considered a crime. Article 10. If a person who has reached the age of 14 but not the age of 16 commits the crime of theft, fraud or forcible seizure of money or property and uses violence, intentionally hurts another person to serious injury or death or intentionally kills another person on the spot in order to conceal the booty, resist arrest or destroy criminal evidence, he shall be respectively convicted and punished in terms of the crime of willful and malicious injury and the crime of willful murder. If a person who has reached the age of 16 but not the age of 18 commits the crime of theft, fraud or forcible seizure of money or property and uses violence on the spot or threatens to use violence in order to conceal the booty, resist arrest or destroy criminal evidence, he shall be convicted and punished in accordance with Article 269 of the Criminal Law; if the circumstance is light, he may not be convicted or punished in term of the crime of robbery. Article 11. When imposing a penalty on a minor criminal, the people's court shall fully consider whether it is good for the education and rectification of the minor criminal. When measuring sentences to a minor criminal, the people's court shall abide by Article 61 of the Criminal Law, and fully take into consideration the motive and purpose for his crime, the age when he committed the crime, whether he is accused for first offence, his repentance, his growth process and consistent performances. A minor criminal in line with the conditions for applying public surveillance, probation, sole fine or exemption of criminal liability shall be sentenced to public surveillance, probation, sole fine or exemption of criminal liability according to law. Article 12. A person who has committed any act that endangers the society both before and after he has reached the age for statutory criminal liability shall only be subject to criminal liability for the act that endangers the society committed by him after he has reached the age for statutory criminal liability. If a person has committed different crimes both before and after he has reached the age of 18, he shall be given a lighter or mitigated punishment for the crime he has committed before he has reached the age of 18. If a person has committed homogeneous crimes both before and after he has reached the age of 18, he shall be given a lighter or mitigated punishment by taking into consideration the crime he has committed before he has reached the age of 18 at the sentencing time. Article 13. A minor criminal shall not be sentenced to life imprisonment unless he has committed an extremely serious crime. A criminal who has reached the age of 14 but not the age of 16 shall not be sentenced to life imprisonment as a general rule. Article 14. Unless the penalty of deprivation of political rights shall be concurrently sentenced prescribed in the Criminal Law, a minor criminal shall not be sentenced to the accessory penalty of deprivation of political rights. If a minor criminal is sentenced to the accessory penalty of deprivation of political rights, he shall be given a lighter punishment. When imposing the accessory penalty of deprivation of political rights upon a criminal who is a minor when he committed the accused crime and who has grown into an adult at the time of trial, the people's court shall apply the provisions set down in the preceding Paragraph. Article 15. In case a minor criminal commits a crime for which the confiscation of property or fine shall be concurrently imposed as prescribed by the Criminal Law, he shall be imposed on the corresponding property-related penalty; in case a minor criminal commits a crime for which the confiscation of property or fine may be concurrently imposed as prescribed by the Criminal Law, he shall not be imposed on the corresponding property-related penalty as a general rule. A minor criminal shall be given a lighter or mitigated punishment when being imposed on a penalty of fine, and the amount of fine shall be determined in light of the circumstances of his crime and his ability to pay the fine, however, the minimum amount of the fine shall not be less than RMB 500 yuan. As to a minor criminal who is imposed on the penalty of fine, if his guardian or any other person voluntarily pays the fine for him, the people's court shall allow it. Article 16. The probation may be granted to a minor criminal who is line with Paragraph 1 of Article 72 of the Criminal Law. The probation shall be granted to a minor criminal if he is concurrently under any of the following circumstances and it is certain that the application of probation will not result in further harm to the society: (1)committing the crime for the first time; (2)actively giving up the ill-gotten gains or compensating the victim for the economic losses; or (3)the conditions for guardianship, help and education are met. Article 17. As to a minor criminal who can be sentenced to detention or fixed-term imprisonment of not more than three years in light of the crime he commits, if he shows true repentance and is under any of the following circumstances, he shall be exempted from criminal penalties according to Article 37 of the Criminal Law: (1)being a deaf-and-mute or blind person; (2)unjustifiable self-defense or excessive necessity; (3)preparation, discontinuance or abortion of a crime; (4)being an accomplice or accomplice under duress in the joint offense; (5)voluntary surrender or meritorious service after committing the crime; or (6)other minor circumstances and no criminal punishment is required. Article 18. The standards for commutation or parole to minor criminals may be appropriately relaxed by reference to the standards for adult criminals. In case a minor criminal can admit his guilt, observe prison regulations and take an active part in study and labor, he can be regarded as having shown true repentance and his punishment can be commutated, the extent for commutation can be appropriately relaxed, and the intervals for commutation can be correspondingly shortened. If he is in line with Paragraph 1 of Article 81 of the Criminal Law, he can be paroled. If a minor criminal grows into an adult when he serves the sentence, the commutation and parole granted to him can apply to the aforesaid provisions. Article 19. Where the minor defendant to a civil case collateral to criminal proceedings has personal property, he shall assume the civil compensation liability by himself, the insufficient part in such compensation shall be appropriately compensated for by his guardian unless the guardian is an entity. The material losses for which the defendant compensates the victim may be taken into consideration as a circumstance for the discretionary action of sentencing. Article 20. This Interpretation shall come into force as of the date of promulgation. The Interpretation of the Supreme People's Court on Some Issues Concerning the Application of Law in the Handling of Criminal Cases Involving Minors (Interpretation No. 9 [1995] of the Supreme People's Court) shall not be implemented as of the date when this Interpretation is promulgated. |
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