Underage offenders pose prosecution problem

Unclear guidance

In China, people are tried as adults from age 17, while children ages 14 to 16 can be prosecuted for eight specific crimes, including homicide, rape and robbery.

However, legal experts say the guidance available to public security authorities on dealing with underage offenders is vague.

No official figures are available about the number of crimes committed by people below the age of criminal responsibility every year.

Those younger than 14 can be sent to reform schools, institutions usually located in juvenile detention facilities but separated from units housing older offenders.

Hubei has several such schools, but authorities must seek permission from the parents or guardians before a child can be placed in such a facility, and most refuse, said Li Chunsheng, director of juvenile protection for the Hubei Lawyers Association.

"The vast majority of parents just want their kids back home with them," he said. "It's bad for the children, especially those whose parents have little or no education. Many will drop out of school, which could lead them further into crime."

Xiaogan police confirmed that the boy's parents had refused a request to send him to a reform school.

Some young people's violent tendencies could go entirely unchecked if their parents won't discipline them and the authorities are not allowed to, and that could lead to serious issues in later life, according to Ma Ai, a professor of criminal psychology at the China University of Political Science and Law in Beijing.

"If a violent child doesn't receive intervention and psychological support early enough, they're more likely to commit crimes again," he said.

Lu Hongwang, who has been a police officer in Jinan, Shandong province, for 20 years, has noticed a rise in the number of crimes committed by children younger than 14.

But even if young offenders are caught red-handed, officers have no option but to take them home and ask their parents or guardians to punish or educate them, he said.

He recalled the case of a boy who stoned someone to death in 2008 but couldn't be prosecuted because he was underage. However, in 2012, when the boy was 14, he committed another homicide and was detained and prosecuted.

The current situation is frustrating, but most police officers have heavy workloads and do not have time to investigate or analyze cases involving underage offenders, according to Lu.