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Special schools urged for youthful criminals

Procuratorial organs will assist with carrying out re-education, correction

By Yang Zekun | China Daily | Updated: 2020-01-23 00:00
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Procuratorial organs across the country should study and promote the development of specialized schools to educate minors involved in serious misconduct and improve the system for sealing minors' criminal records, according to the chief of the Supreme People's Procuratorate.

Zhang Jun, the prosecutor-general of the SPP, made the remarks during the national conference on procuratorial work for minors in Beijing on Sunday.

The schools belong to a special educational category that is required by law to correct minors who engaged in serious misconduct. Specialized schools have undergone reforms, but not quickly enough, according to the conference.

According to China's Criminal Law, a person under 14 shall not bear criminal responsibility for any acts, and those 14 to 16 would receive criminal punishment for several severe crimes including intentional homicide, rape and robbery.

Their parents or guardians are ordered to discipline anyone who is not subject to criminal punishment due to their age. When necessary, the young person may be taken in by the government for re-education and correction.

"Minors who commit serious offenses must be prosecuted and punished in strict accordance with law so that minors involved in crimes know that they need to pay the price for breaking the law. For those who have not reached the age of criminal responsibility, procuratorial organs work with relevant departments to carry out re-education and correction and take strict control of them," Zhang said.

Zhang noted that current laws stipulate relevant provisions for the school, but procuratorial organs still need to further explore how to solve some problems, including the range of the enrollment targets and the admission procedures.

The organs were urged to observe the principle of "protecting, educating and controlling" when handling cases related to minors and to promote the unique educational role of specialized schools.

If it is necessary for a minor to receive special education, procuratorial organs shall coordinate with the school or the administrative department of education to send the minor to a special school.

The minors shall be assessed by procuratorial organs, and those failing to meet the requirements shall continue to receive special education, Zhang said.

"Prosecutorial organs at all levels should actively explore and establish the mechanism linking the work of procuratorial organs with that of specialized schools, and put into effect the protection, education and control of minors involved in serious misconduct and crimes," Zhang said.

There are six such specialized schools in Beijing, led by the city procuratorate. Procuratorial organs have worked with the schools to build a working mechanism for crime prevention and correction.

Procuratorial organs were also asked to review and improve the system for sealing minor's criminal records to protect the minors and promote their return to society.

"There are more extensive and profound social problems behind juvenile cases, and it is the top priority of juvenile prosecution to promote and solve existing social problems," Zhang said. "We must address both symptoms and root causes when handling such cases."

Procuratorial organs will intensify efforts to fight crimes that infringe upon the rights and interests of minors in light of the special campaign against organized crime. For adults who coax or compel minors to participate in a criminal organization or commit crimes, prosecutors were asked to propose harsher sentencing suggestions.

 

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