Opinions on Strictly Punishing the Exploitation of Minors to Perpetrate Crimes by Underworld Forces

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS –THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

English中文(简体)

 989 total views,  3 views today

Promulgation Date: 2020-4-23
Title: Opinions on Strictly Punishing the Exploitation of Minors to Perpetrate Crimes by Underworld Forces
Document Number:
Expiration date: 
Promulgating Entities:Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security et al.
Source of text: SPP Public WeChat Account

Since the special struggle to clear away organized crime and eliminate vice began, all levels of people's court, people's procuratorate, public security organs, and judicial-administrative organs have resolutely implemented the arrangements of the Central Commission to strictly and lawfully handle cases involving organized crimes and vice, and have achieved notable results. Recently, while handling cases of crimes by underworld forces, quite a few areas have discovered that some minors have been coerced or enticed into perpetrating underworld forces crimes, seriously harming their health growth and seriously endangering social harmony and stability. These Opinions are drafted on the basis of relevant laws so as to protect the lawful rights and interests of minors, and to lawfully and strictly punish the exploitation of minors to perpetrate underworld forces crimes by means such as coercion, incitement, enticement, or trickery.

I. Highlight the Focus of the Crackdown by Severely Punishing the Exploitation of Minors to Carry out Underworld Forces Crimes.

(1) Where underworld criminal organizations, malign force crime gangs, or malign forces commit any of the following conduct, they shall be found to have 'exploited minors to perpetrate underworld forces crimes.

  1. Coercing or inciting minors to participate in underworld criminal organizations, malign force crime gangs, or malign forces, or in the commission of illegal or criminal activity by underworld forces;
  2. Pulling in, enticing, or tricking minors into participating in underworld criminal organizations, malign force crime gangs, or malign forces, or in the commission of illegal or criminal activity by underworld forces;
  3. Recruiting, taking in, or making introductions for minors to participate in underworld criminal organizations, malign force crime gangs, or malign forces, or in the commission of illegal or criminal activity by underworld forces;
  4. Hiring minors to commit illegal or criminal activity by underworld forces;
  5. Other exploitation of minors to commit illegal or criminal activity by underworld forces.

Underworld criminal organizations, malign force crime gangs, and malign forces are to be identified based on the Criminal Law, the "Guiding Opinions on Several Issues in Handling Cases of Underworld Forces Crimes" and the "Opinions on Several Issues in Handling Cases of Malign Forces Crimes" by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice, as well as other laws and documents of the judicial interpretation type.

(2) In any of the following circumstances, the exploitation of minors to commit underworld forces crimes shall be given a heavier punishment:

  1. Organizing or directing minors to commit intentional homicide, intentional infliction of harm causing serious injuries or death, rape, kidnapping, robbery, or other serious violent crimes;
  2. Imparting methods, techniques, or experiences for committing underworld forces crimes to minors;
  3. Exploiting minors who have not yet reached the age of criminal responsibility to commit underworld forces crimes;
  4. Having minors turn themselves in or make false confessions in order to avoid legal accountability;
  5. Exploiting left-behind children or enrolled students to perpetrate crimes;
  6. Exploiting more than one minor to commit crimes, or exploiting a minor to commit crimes multiple times;
  7. Commiting violations or crimes targeting minors;
  8. Persons who have special responsibility for minors such as guardians, teachers, or care takers, exploiting minors to carry out illegal or criminal activities for underworld forces;
  9. Other violations or crimes exploiting minors that shall be given heavier punishments.

(3) Where underworld criminal organizations or malign force crime gangs exploit minors to commit crimes, the group ringleader is to be given a heavier punishment according to the criminal activity of the entire group. Core members of the crime gangs are to be given heavier punishments in accordance with the crimes they organized or directed.

Where malign forces exploit minors to commit crimes, gang members who played a role in the organization, planning, or direction, and primary offenders who have serious responsibility in the gang's joint crimes, are to be given a heavier punishment.

Where members of underworld criminal organizations, malign force crime gangs, or malign forces directly exploited minors to perpetrate underworld forces crimes, they are to be given a heavier punishment.

(4) Where there is exploitation of minors by means such as coercion, incitement, or enticement to participate in underworld criminal organizations, malign force crime gangs, or malign forces, or to commit underworld forces crimes, even if the minors do not join the organization or do not actually participate in the commission of violations or crimes, the ringleaders, core members, gang members, principle offenders, direct exploiters in the organizations are not to be given lighter punishments or commuted sentences even if they turn themselves in, have meritorious contributions, come clean, or have other mitigating circumstances.

(5) Minors that have been exploited by underworld criminal organizations, malign force crime gangs, or malign forces to occasionally participate in underworld forces criminal activities, are characterized by the criminal conduct they carried out and ordinarily are not to be identified as members of underworld forces criminal organizations.

II. Handle Cases Strictly in Accordance with Law and Form a Joint Force

(1) People's courts, people's procuratorates, public security organs, and judicial-administrative organs should strengthen coordination and cooperation, and should fully realize the idea of strict enforcement in accordance with law at every phase of investigation, indictment, trial, and enforcement for those who exploit minors to commit out underworld forces crimes, by promptly investing the facts of the crime exploiting minors and avoiding getting wrapped up in details. Guidance for lower levels should be strengthened, by either independently or jointly overseeing the handling of serious, major, or special cases of minors being exploited to commit underworld forces crimes. In major, difficult, or complicated cases, and those with a larger social impact, the case-handling departments shall promptly report up to the people's court, people's procuratorate, public security organ, or judicial-administrative organ at the level above.

(2) Public security organs should pay attention to finding leads as to minors exploited to commit crimes in cases involving organized crime and vice, should implement the requirements of the trial-centered criminal procedure reform, and should strengthen procedural and evidentiary awareness to fix and use evidence; and they may hear the opinions and recommendations of the people's procuratorates on the nature of the case, the collection of evidence, and the application of law. Strictly control the use of release on guarantee and residential surveillance, with the people's procuratorate being lawfully requested to approve arrest of the ringleaders, core members, gang members, principle offenders, and direct exploiters of minors of groups that exploit minors to commit malign forces crimes.

(3) people's procuratorates should strengthen oversight of the opening of cases in cases of exploiting minors to commit underworld forces crimes, and where discovering that a case should be opened but was not shall request that the public security organs explain the reasons, and where the reason is not found to be sustained shall lawfully notify the public security organs to open a case. In cases of exploiting minors to commit underworld forces crimes, the people's procuratorate may submit comments and recommendations on the nature of the case, the collection of evidence, and the application of law. All those that meet the requirements for arrest should be arrested, and all those that meet the requirements for prosecution should be prosecuted. Where arrest is not approved and the case is returned to the public security organs for supplemental investigation or the case is returned for supplemental investigation in the review for prosecution phases, a detailed supplemental investigation outline shall be prepared clearly indicating the matters, reasons for supplemental investigation, the investigative direction, and evidence that needs to be collected and its purpose, to be sent to the public security organs carrying out the related supplemental investigation activities.

(4) In handling cases of minors being exploited to commit underworld forces crimes, strict punishment in accordance with law is to be organically combined with the system of leniency for those who admit guilt and accept punishment [plea leniency system]. For crimes exploiting minors to commit underworld forces crimes, the people's procuratorate should submit sentencing recommendations for heavier punishments to the people's courts in consideration of the specific circumstances of exploiting minors. Where guilt was admitted, but minors were exploited to commit underworld forces crimes, the circumstances of the crime were vile, the criminal methods were cruel, and the physical and psychological health of minors was seriously harmed, so that lenient punishment is not justified, a heavier punishment should be put forward when making a sentencing recommendation. Where minors who were exploited by underworld forces to commit crimes voluntarily admit guilt, sincerely repent and are willing to accept punishment, a lenient punishment should lawfully be put forward in the sentencing recommendation.

(5) People's courts should promptly hear and severely punish cases of exploiting minors to commit underworld forces crimes. Strictly control the use of suspended sentences, commutation, and parole, and the requirements for temporary service of sentences outside of prison. Lawfully use property and credential punishments to undermine the "economic foundation" for malign forces as much as possible. Those eligible under Criminal Law article 37-1 shall be lawfully prevented from engaging in the relevant professions.

III. Actively participate in social governance to address both symptoms and root causes.

(1) Earnestly implement the requirement of simultaneously combating, correcting, and building, to actively participate in social governance. Dig deeply into the root causes of criminals in underworld forces exploiting minors to perpetrate crimes, analyzing regulatory loopholes in key sectors and promptly give warnings and predictions and promptly notify relevant departments; putting forward suggestions on strengthening regulation and administrative law enforcement, to curb the spread of underworld forces' corruption of minors at its source. Cooperate with relevant departments to discover and rescue minors who were exploited by underworld forces to commit crimes as early as possible. For minors who committed underworld forces crimes but who have not yet reached the age of criminal responsibility, carry out socialization mentorship and other measures and other measures for education and crime prevention by strengthening oversight and care at home and education and management at school.

(2) Strengthen coordination and concerted action by each functional department to effectively prevent the exploitation of minors by underworld forces. Establish mechanisms for coordination and cooperation with the Communist Youth League, Women's Federation, and departments such as for education, to carry out family education and guidance for minors' guardians and legal education and training for educational professionals, and teach and lead mechanisms to stay far away from crime. Promote the establishment of warning mechanisms for minors involved with organized crime and vice, to promptly disrupt connections between minors and underworld forces, and prevent minors from being enticed or exploited by underworld forces. Promote internet information departments carrying out special actions to strengthen online protections of minors. Strengthen connections with neighborhood, community, and basic level organizations, emphasizing and giving play to their important role in preventing minors from becoming involved with organized crime and vice, and further advance community corrections establishments' use of corrective measures aimed at minors in community corrections.

(3) Carry out publicity and education on rule of law to create a positive social environment for strictly punishing the exploitation of minors to commit underworld forces crimes. Give full play to the role of example cases as announcements, warnings, guidance, and demonstrations by selecting example cases and holding press conferences to publicly share experiences and methods in strictly punishing the exploitation of minors to commit underworld forces crimes, and exposing the seriousness of the threat. Give full play to the role of example cases as announcements, warnings, guidance, and demonstrations by selecting example cases and holding press conferences to publicly share experiences and methods in strictly punishing the exploitation of minors to commit underworld forces crimes, and exposing the seriousness of the threat.

About China Law Translate 995 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*