Case of Comprehensive Judicial Protection against Drug Abuse by Minors
(Case No. 171 of the Guiding Case of the Supreme People's Procuratorate)
Keywords:
Comprehensive fulfillment of duties, Conditional Non-prosecution, Administrative public interest litigation, Drug abuse, Digital procuratorial work
Key Points:
When handling cases involving minors, the procuratorial organs shall coordinate and leverage various procuratorial functions, and enhance comprehensive judicial protection for minors through integrated performance of duties. In cases where minors involved in drug abuse problems are considered for conditional non-prosecution, it is possible to specify addiction treatment measures to improve the precision of assistance and education. In response to social governance issues discovered in individual cases, big data analysis should be put into full use, similar case clues should be deeply explored, and efforts should be made to build a system of leak plugging and to enhance protection at the source, so as to elevate the quality and effectiveness of the "individual case handling – similar case supervision – systematic governance" workflow.
Relevant Provisions:
Article 283 of the Criminal Procedure Law of the People's Republic of China (amended in 2018).
Article 25 (4)of the Administrative Procedure Law of the People's Republic of China (amended in 2017).
Article 106 of the Law of the People's Republic of China on the Protection of Minors (amended in 2020).
Article 4 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency (amended in 2020).
Article 11, 12, 51, and 52 of the Drug Administration Law of the People's Republic of China (amended in 2019).
Article 15, 19, and 51 of the Regulations for the Implementation of the Drug Administration Law of the People's Republic of China (amended in 2019).
Case of Comprehensive Judicial Protection for Blocking the Risk of HIV Infection for Minor Victims in Sexual Assault Crimes
(Case No. 172 of the Guiding Case of the Supreme People's Procuratorate)
Keywords:
Having sexual intercourses with an underage girl, Grave circumstances, Pleading guilty and accepting penalties, post-exposure HIV prevention, Procuratorial recommendations
Key Points:
During handling cases of sexual assaults on minors, when invited to intervene in the investigation, the procuratorial organs shall timely coordinate efforts to collect evidence and provide protection and assistance for minor victims. In cases where minor victims have been sexually assaulted by HIV patients or carriers, immediate measures should be taken for post-exposure HIV prevention, psychological intervention, and judicial assistance to minimize the harmful consequences and long-term impacts of the crime. If the perpetrator, being aware of his status as an HIV patient or carrier, has sexual intercourses with an underage girl, posing a significant and real risk of HIV transmission, the act shall be considered as "having sexual intercourses with an underage girl" "under grave circumstances". For cases involving adults who sexually assault minors under grave circumstances, causing serious social harm and exhibiting a high degree of subjective malice, if it is not sufficient to warrant a lenient punishment even if they plead guilty and accept penalties, leniency shall not be granted in accordance with the law. Where risks in similar cases and gaps in social governance are discovered, the procuratorial organs shall actively promote the prevention of risks and the improvement of relevant institutional frameworks.
Relevant Provisions:
Article 236 of the Criminal Law of the People's Republic of China (amended in 2020).
Article 100 of the Law of the People's Republic of China on the Protection of Minors (amended in 2020).
Article 31 of the Regulations on HIV Prevention and Treatment (amended in 2019).
Article 25 of the "Opinions on Punishing Crimes of Sexual Assault Against Minors in Accordance with the Law" by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice (implemented in 2013).
Article 5 of the "Guiding Opinions on Applying the Leniency System for Admitting Guilt and Accepting Punishment" by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice (implemented in 2019).
Article 11 of the Regulations on Procuratorial Recommendations Work of the People's Procuratorate (implemented in 2019).
Case of Comprehensive Judicial Protection by Punishing the Crimes of Organizing Minors to Engage in Activities in Violation of Public Security Administration
(Case No. 173 of the Guiding Case of the Supreme People's Procuratorate)
Keywords
Crime of organizing minors to engage in activities in violation of public security Administration, Paid services, Aggravated circumstances, Supervisory guardianship order, Social governance
Key Points:
In cases where minors are organized to provide paid services in entertainment venues such as Karaoke bars, the procuratorial organs shall pursue charges for the crime of organizing minors to engage in activities in violation of public security administration. The "serious circumstances" of the crime can be comprehensively determined based on factors such as the number of individuals organized, the duration, the methods of organization, the circumstances of services, and the resulting harm. In response to the issues of lack of family guardianship and inadequate guardianship in the cases, the procuratorial organs shall urge guardianship work, comprehensively assess specific problems in fulfilling guardianship responsibilities, issue personalized supervisory guardianship orders, and monitor their implementation. The procuratorial organs shall adhere to the dual emphasis on punishment and governance in protecting minors, and tackle the root problems of individual cases.
Relevant Provisions:
Article 262b of the Criminal Law of the People's Republic of China (amended in 2020).
Article 254 of the Criminal Procedure Law of the People's Republic of China (amended in 2018).
Article 7 and 118 of the Law of the People's Republic of China on the Protection of Minors (amended in 2020).
Article 49 of the Law of the People's Republic of China on the Promotion of Family Education (implemented in 2022).
Article 3 and 14 of the Regulations on the Management of Entertainment Venues (amended in 2020).
Case of Comprehensive Judicial Protection for Minors' Internet Civil Rights and Interests
(Case No. 174 of the Guiding Case of the Supreme People's Procuratorate)
Keywords:
Internet services for minors, Support for filing a lawsuit, Administrative public interest litigation, Social governance
Key Points:
When the litigant seek the procuratorial organs for support for filing the lawsuit, after a civil lawsuit caused by disputes over high-value minors' online consumption without the consent of their parents or other guardians, the procuratorial organs should adhere to the requirements of special and prioritized protection for minors. If necessary, the procuratorial organs may support the filing of the lawsuit in accordance with the law. The procuratorial organs should, in conjunction with case handling, comprehensively utilize supervision methods such as procuratorial recommendations on social governance and pre-litigation procuratorial recommendations for administrative public interest litigations, to urge and promote network service providers and relevant administrative authorities to refine the implementation of responsibilities for the protection of minors on the internet.
Relevant Provisions
Article 145 and 157 of the Civil Code of the People's Republic of China (implemented in 2021).
Article 15 of the Civil Procedure Law of the People's Republic of China (amended in 2021).
Article 66, 74, 75, 78, and 106 of the Law of the People's Republic of China on the Protection of Minors (amended in 2020).
