The murder of a teenager by 13-year-olds sparks debate in China over punishments
A tragedy in Hebei is the first case to be tried under 2020 rules that lowered the minimum age for criminal responsibility to 12. Both the victim and the perpetrators are children of internal migrants, "left behind" with their grandparents in rural areas.
Beijing (AsiaNews/Agencies) – How to deal with three 13-year-olds who killed one of their classmates in a violent act of bullying has sparked heated discussions in China, pitting advocates of tough punishment regardless of age against people who favour youth rehabilitation.
The incident that set off the debate occurred in Handan Prefecture, Hebei province, where police arrested three teenagers in connection with the death of one of their classmates on 10 March.
The victim's remains were found buried in an abandoned vegetable garden, focusing attention on the problem of bullying in schools across the country.
All three accused are under 14, which raises questions about the law when it applies to juvenile offenders.
In 2020, the People's Republic of China amended its Criminal Code, lowering the age of responsibility for murder and grievous bodily harm by two years, from 14 years.
Under Chinese law, anyone aged 12 and 14 can now be prosecuted, although only with the approval of the Supreme People's Procuratorate, China’s highest national agency responsible for legal prosecution and prosecutorial investigation in China.
This is not isolated. In the United States, most states do not have a minimum age for criminal responsibility, while in others the limit is 10 years, like the United Kingdom. In France, a child under the age of 13 cannot be held criminally liable.
The sad story from Handan could become the first case under China’s tougher rules, imposed as a deterrent against the very young.
The case also raises questions about education in Chinese society, because both the victim and his peers are so-called left-behind children, left to live with their grandparents in rural areas while their migrant parents work in the country's large cities.
Handan's case has sparked a wave of outrage on popular Chinese social media like Weibo and Douyin.
The Global Times, an English-language newspaper linked to the Chinese Communist Party, today reported more than a billion views on Weibo about the teenage murder, generating more than 120,000 discussions.
Despite the accused’s young age, many commentators call for severe penalties, including some who want to see the death penalty enforced.
The Global Times also waded into the issue, by presenting the opposing views of two Beijing lawyers.
One, Liu Changsong, from the Mugong law firm, argues that public opinion should remain rational vis-à-vis such events. “The primary focus in juvenile delinquency should be on education, with punishment serving as a secondary measure,” he said.
Conversely, Meng Bo, from the Jingsh Law Firm, believes that deterring and reducing crimes among teens require harsh punishment to create a safer, healthier, and more civilised environment for minors.
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