Rules regulate juveniles' liability

China has introduced stricter and clearer rules for handling serious crimes committed by younger offenders, as part of broader efforts to curb violent crime while safeguarding the rights of juveniles.

The measures are outlined in a recent 15-article regulation jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security. The regulation provides detailed guidance for implementing provisions of the amended Criminal Law, which took effect on March 1, 2021.

Under the amended law, the age of criminal responsibility in China is generally 16. However, minors aged 14 to 16 can be held criminally liable for serious violent offenses, including intentional homicide, intentional injury, rape and robbery.

Children aged 12 to 14 may also face criminal liability if they commit intentional homicide or intentionally inflict injuries that result in death or severe disability through extremely cruel means, with prosecution requiring approval from the SPP.

The regulation standardizes procedures for handling cases involving suspects aged 12 to 14 accused of such violent crimes and establishes clear criteria for prosecution.

Public security authorities must transfer such cases to the local procuratorate, which is required to investigate not only the suspect's age and details of the offense but also the individual's upbringing, family background, personality, social relationships, motives and conduct after the crime.

The findings must then be submitted to the SPP for final approval. During the review process, police may place the minor suspect in criminal detention in accordance with the law.

The regulation also specifies that determining whether a case is "heinous" should take into account factors such as the cause, motive, method, target and consequences of the crime, as well as the suspect's potential danger, likelihood of reoffending and broader social impact. In cases involving multiple suspects, each individual's role and level of participation must be assessed separately to determine whether the criteria are met.

To better protect the rights of minors, the regulation requires a suspect's legal guardian to be present during questioning and to be informed of the minor's legal rights. If the guardian is unable to attend or is also a suspect, investigators should notify another adult relative, the suspect's school or employer or a local community organization to participate.

Tian Yingjun, a lawyer from Yunnan province, said the regulation further improves China's legal framework for handling serious violent crimes committed by young minors by providing clear procedural guidance.

"The rigorous procedural design and comprehensive review requirements reflect China's cautious approach to protecting minors' rights while balancing punishment and rehabilitation," he said.

In recent years, China has strengthened measures to prevent and address juvenile delinquency while maintaining a zero-tolerance approach to crimes against minors.

According to the SPP's annual work report released in March, 24 minors aged 12 to 14 were prosecuted for serious violent crimes in 2025, underscoring the need to punish particularly heinous offenses. The Supreme People's Court reported that 2,356 juveniles convicted of serious violent crimes received prison sentences of more than five years in 2025, while 5,822 juveniles who committed relatively minor offenses received lenient treatment.

The report also said efforts are underway to strengthen the development of specialized schools and improve a graded intervention and rehabilitation system for minors engaging in misconduct as part of broader judicial measures to address juvenile delinquency.