Judicial Punishments on Sexual Offences against Juvenile delinquency

2023-06-15

The protection of minors is related to the future of the country and the nation, and creating a safe social environment for the healthy growth of minors is an important responsibility of the public security and judicial organs. In recent years, there has been a trend of frequent cases of sexual assault on minors. Crimes such as rape and indecent assault have seriously damaged the physical and mental health of minors, trampled on the legal red line, challenged the moral bottom line, and sparked sustained social attention. On June 1, 2023, the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Rape and Indecent Assault against Minors (hereinafter referred to as the Interpretations) and the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on Handling Criminal Cases of Sexual Assault against Minors (hereinafter referred to as the Opinions) officially came into force, and the crimes of sexual assault against Juvenile delinquency were severely punished according to law, Clarify the understanding and application of legal provisions, regulate the handling of cases of sexual assault on minors, strengthen the judicial protection of minors, and use the power of the rule of law to safeguard the life journey of minors that has just begun. 1、 The "Interpretation" and "Opinions" directly address the prominent issues in cases of sexual assault on minors. Preventing and punishing sexual assault crimes is a common challenge faced by the protection of minors in various countries around the world. In 2020, the South Korean scandal of "Room N" shocked the world and also warned that the brutality experienced by minors still exists in modern society. Because minors are young and have a weak sense of self-protection, most cases of sexual assault against minors are committed by acquaintances in familiar spaces, which are more hidden and complex. The rise of the Internet has provided more opportunities for criminals to contact, lure and invade minors. Many minors have suffered serious Psychological trauma after sexual assault, and some have also suffered from depression, autism or schizophrenia, In severe cases, there may even be suicidal tendencies. In recent years, the issue of minors being sexually assaulted has become more complex and requires active responses from legislative and judicial authorities. In 2020, the Criminal Law Amendment (XI), on the basis of the crime of rape, made it clear that more severe penalties should be applied to the acts of raping a girl under the age of 10, causing harm to a girl, and raping a girl in public. It added the crime of sexual assault by persons responsible for care, and made clear the aggravating circumstances of the crime of indecency against children, which showed the country's determination to prevent and combat sexual assault against Juvenile delinquency, and increased efforts to combat it. The formulation and implementation of the Interpretations and Opinions follow the Criminal Law Amendment (XI), adhere to active justice, effectively curb and severely punish crimes against Juvenile delinquency, show that the state has a firm attitude of zero tolerance for sexual assault against Juvenile delinquency, give full play to the role of the rule of law as a guarantee to stabilize the fundamental and long-term interests, and create a good atmosphere for protecting minors in the whole society. The "Interpretation" and "Opinions" start from reality, highlight problem oriented and goal oriented, further improve the pertinence, scientificity, and effectiveness of the juvenile justice system, weave a dense criminal law network, and maintain social justice. The Interpretation scientifically analyzes various types and characteristics of sexual assault against Juvenile delinquency in recent years, focuses on sorting out typical cases, and details the specific circumstances of heavier punishment and heavier punishment; In response to the diversity of criminal forms in the information age, clarify the criminal nature of using the internet as a medium to engage in "space based indecency" against minors; Shooting sexual assault

Edit:Zhou Shu    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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