On May 25, 2023, the "Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Rape and Indecent Minors" (hereinafter referred to as the "Interpretation") was jointly issued by the "Two Colleges and Universities" and came into effect on June 1, 2023. The Interpretation emphasizes severely punishing crimes of rape and molestation of minors according to law, strengthening special and priority protection for minors, and further improving the level of judicial protection for minors.
In this regard, CCTV News+reporter invited lawyer Lv Xiaoquan, the executive director of Beijing Qian Qian Law Firm, who has been engaged in legal aid, research and advocacy for women’s and children’s rights for a long time, to interpret it for us. Lv Xiaoquan mentioned that with the increasing complexity of sexual assault against minors, the People’s Republic of China (PRC) Criminal Law Amendment (XI), which was implemented in 2021, has also revised the conviction and sentencing standards for related crimes, and the specific application of the newly revised provisions also needs to be clearly explained.
"News+"reporter: What has been clarified and refined in this explanation?
Lv Xiaoquan:This Interpretation is the first judicial interpretation of crimes against minors in China.
We need to pay attention to the following points:
The first point is it.It is clear that the scope of heavier punishment is applicable to adultery of young girls.Six cases in which "heavier punishment range" should be applied are listed, such as committing adultery by means of violence or coercion, invading houses and student dormitories to commit adultery, and so on. This situation should be subject to heavier punishment circumstances. At the same time, the Interpretation also makes it clear that if an adult defendant pleads guilty and admits punishment, he should strictly grasp whether lenient punishment is applicable and the range of lenient punishment.
The second point isClarify the criteria for determining the "bad circumstances" of raping underage women and raping young girls.This is very important. Article 2 clearly lists seven cases of aggravated punishment, further defines and standards "vile circumstances" and gives aggravated punishment.
The third point is it.Clarify the aggravating circumstances of the crime of sexual assault of people with care responsibilities.Article 5 of the Interpretation clarifies the criteria for determining that the crime of sexual assault committed by persons with care responsibilities is "bad" and should be aggravated from the aspects of time, number, means and consequences of the crime. The so-called personnel with special responsibilities refer to those who have responsibilities for minors, such as guardianship, adoption, nursing, education, medical care, etc., and at the same time, one article is added behind it, which includes those who have a common life relationship with minors and actually have responsibilities such as care and protection.
The fourth point that needs to be grasped is it.Clarify the aggravating circumstances of the crime of molesting children. Whoever molests children shall be sentenced to fixed-term imprisonment of not more than five years. The aggravated circumstances mean that he should be sentenced between 5 and 15 years.
Fifth, itClarify the applicable standards of law in some special circumstances.. Article 9 of the interpretation, for non-contact means of using the Internet to molest minors, such as coercing and inducing minors to chat naked on the Internet, asking minors for nude photos, videos and other special obscene acts, the new judicial interpretation has raised it to the height of legal enforcement. It is clear that the crime of child molestation or compulsory molestation should be convicted and punished.
The sixth point isThe scope of supporting the victim’s medical expenses in cases of rape and molestation of minors should be clarified.. It stipulates the compensation standard for personal injury caused by such cases, in addition to direct material losses, such as medical expenses, transportation expenses, lost time and nursing expenses. In particular, it is emphasized that if the victim can produce relevant expert opinions, medical diagnosis certificates and other certificates, such as the subsequent need for psychiatric treatment or rehabilitation, the people’s court will support the relevant expenses according to law. I think this fully demonstrates the special care and priority protection of minors by judicial interpretation or the law itself, which is conducive to maximizing the interests of minors. This is also a rule that is particularly emphasized when the Law on the Protection of Minors is revised.
News+reporter: What do you think of the Interpretation? What does its publication mean?
Lv Xiaoquan:I think minors should be the top priority of the whole legal protection in any country and region with developed rule of law.
The new judicial interpretation means that the judicial organs, including the courts as judicial organs, and the people’s procuratorates insist on taking the victims as the center, giving special and priority protection to minors, and fully embodying the principle and position of maximizing the interests of minors.
On the second level, the new judicial interpretation fully embodies the basic principle and position of the state on the crime of sexual assault on minors, that is, the implementation of zero tolerance in absolute sense. The perpetrators of sexual assault on minors must be severely punished and the punishment should be intensified. It reflects the firm stand principle and zero tolerance attitude towards countries with such problems.
Thirdly, I want to emphasize that the judicial interpretation itself is novel in many aspects. On the one hand, it may have absorbed some relatively mature judicial practice experience at the local level at present, and raised it to the height of judicial interpretation, which has legal force to make it clear. On the other hand, it is also a positive and positive response and promotion to the social protection of the legitimate rights and interests of minors, especially to the demands of minors who have been sexually assaulted.