【Issuing Body】Supreme People's Court 【Issuance Number】Legal Interpretation (2016) No. 28 【Date of Issue】2016-12-21 【Effective Date】2017-01-01 【Expiration Date】 【Document Type】Judicial Interpretation 【Document Source】Supreme People's Court
The "Supreme People's Court Interpretation on Several Issues Concerning the Applicable Law in Trial of Cases of Trafficking in Women and Children" was adopted at the 1699th meeting of the adjudication committee of the Supreme People's Court on November 14, 2016 and is hereby released to take effect on January 1, 2017)
Supreme People's Court
Supreme People's Court Interpretation on Several Issues Concerning the Applicable Law in Trial of Cases of Trafficking in Women and Children
In order to lawfully punish crimes of trafficking in women and children , to fully protect the lawful rights and interests of women and children, and to preserve family harmony and social stability, the following interpretations on several issues on the specific application of law in hearing such cases are made on the basis of the relevant provisions of the Criminal Law together with judicial practice:
Article 1: Using means such as trickery or enticement to separate infants or young children from their guardians or caretakers, is to be considered 'child snatching' as provided for in Criminal Law article 240, paragraph 1, item 6.
Article 2: Where staff of units such as medical establishments, or social welfare organizations seek to illegally profit by selling children that they are treating, caring for, or raising, it is to be punished as the crime of child trafficking.
Article 3: Where, in the name of making introductions for marriage, means such as the illegal seizure of identity documents or restrictions on personal freedom are employed, or where conditions such as women's unfamiliarity with a region, language barriers, and isolation and helplessness, are exploited to sell them to others against their will; criminal responsibility shall be pursued for trafficking in women.
Where in the name of making introductions for marriage, the woman being introduced is colluded with to defraud others' money, and it is a larger amount; criminal responsibility shall be pursued for fraud.
Article 4: Where, during investigations into unidentified children or rescues by employees of state organs; purchased children are hidden or moved, or there is other conduct obstructing a rescue, and they still do not cooperate after being spoken with and educated, it is 'obstruction of rescue' as provided for in Criminal Law article 241 paragraph 6.
Article 5: Where a woman purchased through trafficking has already formed a stable marital and family relationship, and when being rescued, the woman voluntarily remains at the place and continue living together, it may be considered "following the wishes of the purchased woman and not impeding her return to her original home."
Article 6: Where after the purchase of trafficked woman or children, they are organized or forced into prostitution, organized for begging or to carry out other crimes in violation of public order management, and so forth, constituting other crimes, it is punished in accordance with provisions on the combined punishment for multiple crimes.
Article 7: Where women and children are purchased through trafficking, and violence or threats are used to obstruct rescue of the purchased women or children by employees of state organs so as to constitute the crime of impeding a public official, or where a crowd is assembled to obstruct the rescue of purchased women or children by employees of state organs, it is punished in accordance with provisions on the combined punishment for multiple crimes.
Article 8: Where a trafficked woman was purchased for the purpose of marriage, or where a trafficked child was purchased for the purpose of raising them, and several family members or relatives participated, those who played a major role shall be pursued for criminal responsibility in accordance with law.
Article 9: Children as provided for in articles 240 and 241, refers to persons who are not yet 14 years old. Of these, infants are those that are not yet one year old, and those from older than one, but not yet 6 years old, are young children.
Article 10: This interpretation takes effect on January 1, 2017.