＂Strict words are the first＂! Two judicial documents further improve the level of judicial protection for minors.
The Supreme People’s Procuratorate official website pictures
On the 25th, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued explanations on several issues concerning the application of laws in handling criminal cases of rape and molestation of minors. The Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued opinions on handling criminal cases of sexual assault on minors.
The two judicial documents adhere to the people-centered principle, severely punish crimes of rape and molestation of minors according to law, strengthen special and priority protection for minors, and further improve the level of judicial protection for minors.
"Strictness is the first word" highlights the judicial concept of severe punishment
Among all kinds of problems that infringe on minors’ rights and interests, crimes of sexual assault such as rape and indecency seriously damage minors’ physical and mental health, and seriously trample on the legal red line and ethical bottom line, which are deeply hated by the people and strongly reflected by society.
"In view of the new situation and changes in this kind of crime in recent years, two judicial documents formulated on the basis of extensive solicitation of opinions and repeated research and argumentation adhere to strict words and highlight the judicial concept of severe punishment." He Li, member of the Judicial Committee of the Supreme People’s Court and President of the First Criminal Court, introduced.
The judicial interpretation further clarified the conditions for conviction of related crimes and the criteria for determining the circumstances of heavier and aggravated punishment. For example, clearly list a number of situations in which the range of heavier punishment is applied to adultery of young girls and rape of minors; Clarify a number of aggravated punishments such as rape, indecent assault, "bad circumstances" and "causing harm to the victim"; Clearly control the application of probation to such crimes, and apply prohibition orders and employment bans according to law.
Clarify the conditions for the criminalization of obscene acts committed through the Internet.
"In recent years, victims of sexual assault crimes have become younger and younger, and new crimes such as obscenity from a distance and online seduction have emerged one after another." Na Yanfang, Director of the Ninth Procuratorate of the Supreme People’s Procuratorate, introduced. Due to the complexity of sexual assault on minors, judicial interpretation supplements and refines relevant issues on the basis of summing up practical experience.
In view of the new situation and new problems of using the Internet to infringe on minors, the judicial interpretation clarified the conditions for the conviction of related crimes and the criteria for determining the circumstances of heavier and heavier punishment, and clarified the conditions for the conviction of obscene acts committed by using the Internet, stipulating that "coercing or tricking minors to expose their private parts or commit obscene acts through online video chat or sending videos and photos, etc., in line with the provisions of Article 237 of the Criminal Law, they shall be convicted and punished for the crime of compulsory obscenity or child molestation."
Clarify the aggravating circumstances of the crime of sexual assault of personnel with care responsibilities.
According to the judicial interpretation, "persons with special responsibilities" refers to persons who have the responsibilities of guardianship, adoption, nursing, education and medical treatment for minors, including those who have a common life relationship with minors and actually have the responsibilities of care and protection.
"If a person who has a special responsibility for underage women uses his dominant position or the victim’s isolation and helplessness to force the victim to have sex with him, he shall be convicted and punished for the crime of rape with a heavier statutory penalty, so as to punish the crime according to law, accurately and forcefully." He Li introduced.
The judicial interpretation uses two clauses, which respectively stipulate the criteria for determining the crime of "bad circumstances" of sexual assault by people with care responsibilities and the conditions for people with special responsibilities to constitute the crime of rape, aiming at clarifying how to determine that it is against the will of the victim under special circumstances and distinguishing this crime from that crime more accurately.
The Supreme People’s Court official website pictures
Investigation and evidence collection "not missing a case, not missing a crime, not missing a person"
Investigation and evidence collection is an important link in the trial of juvenile criminal cases.
"The Ministry of Public Security attaches great importance to the protection of minors’ rights and interests and always insists on the crime of sexual assault on minors ‘ Zero tolerance ’ ‘ Zero slack ’ 。” Chen Shiqu, deputy director of the Criminal Investigation Bureau of the Ministry of Public Security and a first-class inspector, said.
In the process of investigation and evidence collection, judicial opinions require a comprehensive investigation of criminal facts, stipulating that if the case-handling organ finds other criminal clues mentioned in the victim’s statement and witness testimony, it shall investigate and verify them. If a person with convenient conditions for close contact with minors is suspected of sexual assault, it is necessary to find out other minors that the suspect may contact. Cases of sexual assault that occur around the residence of the criminal suspect or in the same or similar places and have the same criminal methods should be investigated in a timely manner.
"In the next step, the Ministry of Public Security will organize public security organs across the country to take the opportunity of implementing opinions, continue to crack down on high pressure, strengthen joint efforts to combat, and promote comprehensive management. Continue to carry out ‘ Nursing school Anyuan ’ And other activities to reduce the occurrence of sexual assault on minors from the source. " Chen Shiqu said.
Strengthening legal aid to protect litigation rights
According to statistics, from 2020 to 2022, the national legal aid agencies handled 398,000 legal aid cases for minors, with 425,000 recipients and 382,000 legal consultations for minors.
Legal aid is an important measure to protect the litigation rights and interests of minors, especially in handling cases of sexual assault on minors, legal aid lawyers play an important role in safeguarding their civil compensation rights and interests.
In this regard, the opinion strengthens the protection of litigation rights, stipulating that "people’s courts, people’s procuratorates and public security organs should identify specialized agencies or designate specialized personnel familiar with the physical and mental characteristics of minors to handle criminal cases of sexual assault on minors. If the minor victim is a woman, female staff should participate. "
At the same time, according to the physical and mental characteristics of minors to implement the principle of special and priority protection, the opinion pointed out that "legal aid institutions should assign lawyers familiar with the physical and mental characteristics of minors to provide legal aid to minors."
Promote the implementation of the mandatory reporting system
"Women’s federations at all levels pay attention to prevention in advance and carry out anti-sexual assault propaganda. Open the petition window and the 12338 women’s rights protection public service hotline. During the visit, I found possible clues or hidden dangers of sexual assault and took the initiative to report and reflect clues to the public security organs to the procuratorial organs. " Li Yueyang, deputy director of the rights and interests department of the All-China Women’s Federation, introduced. The crime of sexual assault by minors is hidden, which requires all sectors of society to jointly build a "firewall" to protect minors.
In addition to identifying risks and preventing them in advance, the compulsory reporting system of cases against minors established in 2020 has played an important role in finding crimes in time, stopping crimes and preventing crimes. "Sexual assault cases have always been the main type of mandatory reporting cases, but overall, the implementation of the mandatory reporting system is still insufficient. Especially in the case of hotels, there are still a large number of cases that should be reported. " That Yanfang said.
In this regard, the opinions put forward requirements for relevant departments to actively carry out crime prevention work. Further clarify the implementation of the legal system of mandatory reporting, employment inquiry and the construction of related working mechanisms. Those who fail to fulfill their reporting obligations and cause serious consequences shall be investigated for responsibility in accordance with the Law of People’s Republic of China (PRC) on the Protection of Minors and other laws and regulations. (Reporter Qi Qi)