A teenager admitted to killing a 10-year-old girl. But in China, he can't be charged

[Foggy_Bottom]

A shrine to the 10-year-old girl allegedly murdered on October 20 by a 13-year-old boy in Dalian, Liaoning province, taken from a video published by state-run media Beijing News. The broadcaster blurred the victim's face due to her age.
(CNN)The alleged murder of a 10-year-old girl by a 13-year-old boy in China has raised questions over the country's criminal responsibility laws after it was announced the suspect cannot be charged.

The case, in the northeastern city of Dalian, has provoked intense debate over when and how young offenders should be punished.
Under China's Criminal Law, those aged 14 to 18 can be held criminally liable if they have committed a serious offense, such as homicide, rape, drug trafficking, robbery or arson. Those over 18 can be charged criminally for any kind of offense.
But those under 14 can't be charged and punished as criminals. They are either returned to their parents to be disciplined or -- more rarely -- sent to a correctional facility for young offenders, according to Michelle Miao, a criminal law expert at the Chinese University of Hong Kong.
The girl's body was found on October 20, hours after her older brother dropped her off at a painting class, according to the state-run China Daily.

When the girl failed to return home, her parents went out to look for her, the newspaper reported. They found her body near their home and alerted police, who that night detained a 13-year-old boy. Police said the boy confessed to the killing following an interrogation.
Speaking to local news outlet Jinyun News, the girl's father said the boy had brought his daughter to his home, sexually assaulted her and stabbed her to death. He then disposed of the body in a wooded area, according to her father.

Police said the boy wouldn't be charged because he is under 14 years old and therefore hadn't reached the age of legal responsibility, according to Article 17 of China's Criminal Law. This legal doctrine -- known as doli incapax, a Latin phrase meaning incapable of criminal intent or malice -- aims to avoid sentencing a child as an adult, because he doesn't have the maturity to appreciate the wrongfulness of what he has done.
The boy was instead sent to a juvenile rehabilitation center for three years. Miao said that punishment "is a relatively harsh measure, since it involves restricting his movements, making it akin to a form of detention."

'The demon is protected'
The case has generated heated debate in China. "The girl is dead but the demon who killed her is being protected!," one user fumed on Weibo, China's equivalent to Twitter, adding that the alleged perpetrator would be able to "start a new life in three years."
Many comments called for young offenders to be punished more harshly. "It doesn't matter if a person is 10 or 70 years old," one user wrote. "Age should not be an excuse for crimes." Another said he felt strongly that "there should be no age limit for those vicious criminal cases."

https://www.cnn.com/2019/10/31/china/china-murder-criminal-responsibility-intl-hnk/index.html

 

[Lincoln]

A very gray area, to be honest. Maybe the age should be lowered to 10 and below though.

 

[Foggy_Bottom]

A very gray area, to be honest. Maybe the age should be lowered to 10 and below though.

Considering they did not have a domestic violence law in China to protect women till 2016, changing this age limit for crimes by kids to 10 is doubtful

 

[Globenim]

In most of the holier-than-you, so called "Western" world, by similar laws children "cant be charged" as or like adults for similar and same reasons, at similiar and same ages and they will end up in some sort of juveline rehab centers for acts like this exactly like this kid has, but no, China treating children like children in front of the law is controvesial and headline worthy and one comment from Weibo from who knows who, makes what happens pretty much every day on American streets American "international" news.

Sounds like they had a slow day and had to fulfill their daily quota of pushing out propaganda against China.

 

[Foggy_Bottom]

In most of the holier-than-you, so called "Western" world, by similar laws children "cant be charged" as or like adults for similar and same reasons, at similiar and same ages and they will end up in some sort of juveline rehab centers for acts like this exactly like this kid has, but no, China treating children like children in front of the law is controvesial and headline worthy and one comment from Weibo from who knows who, makes what happens pretty much every day on American streets American "international" news.

Sounds like they had a slow day and had to fulfill their daily quota of pushing out propaganda against China.

Children as young as 10 can be charged and tried for murder in the US, a 13-year-old can be charged and tried for murder as an adult

 

[kris]

A very gray area, to be honest. Maybe the age should be lowered to 10 and below though.

12 is better

 

[Globenim]

Children younger than 10 fall outside the juveline court systems and effectively children under 10 can not be charged and tried for murder in the US, a child younger than 13 can not be charged and tried for murder as an adult in the US even if it's a serious crime (most states at least, for some its 14, few have higher or no age restrictions, but even then it will be dismissed under precedent).

Good job repeating what I just pointed out.

 

[khansaheeb]

They should let the parents lynch him.

 

[Lincoln]

Good job repeating what I just pointed out.

In China's case, they cannot be charged at all.

 

[jamahir]

The modern Western notion that people under the age of 18 are uncorrupted innocent angels... what happened to that notion now ??

This young man was 13 years old yet he committed a crime.

A very gray area, to be honest. Maybe the age should be lowered to 10 and below though.

You mean the age for charging for a crime ?? I agree.

 

[Lincoln]

The modern Western notion that people under the age of 18 are uncorrupted innocent angels... what happened to that notion now ??

This young man was 13 years old yet he committed a crime.



You mean the age for charging for a crime ?? I agree.

Yes, but I have doubts because these are conscious decisions and sometimes the crime is even rape.

So does the child deserve to go to jail, should the parents be geld responsible and serve jail time. Should they be charged as adults for certain crimes.

Gray area.

 

[jamahir]

Yes, but I have doubts because these are conscious decisions and sometimes the crime is even rape.

So does the child deserve to go to jail, should the parents be geld responsible and serve jail time. Should they be charged as adults for certain crimes.

Gray area.

Well, I will just point out that the Mughal emperor Jalaluddin Muhammad ( later "Akbar" ) began his rule at the age of 14.

In older times a person was considered an adult once they reach puberty or at least 13 or 14.

 

[KungFuLee]

Yes, but I have doubts because these are conscious decisions and sometimes the crime is even rape.

So does the child deserve to go to jail, should the parents be geld responsible and serve jail time. Should they be charged as adults for certain crimes.

Gray area.

Actually, more like a scientific area.

In Hong Kong or UK or any country that build their law base on Common Law, the minimal age of criminal responsibility is 10 with a Doli incapax (or Doliincapax, which mean incapable of crime) between 10-14, 14+ can be trial as an adult, and criminally liable once you reach 18th birthday.

What does that mean is that a person under 10 cannot be tried on any crime, as they does not criminally responsible for any crime they committed. Age 10-14, that person can be tried, but they cannot share responsibility, which usually mean crime committed before 19th birthday would automatically expired when that person turn 18. And finally a person over 18 would be criminally liable if you committed a crime, hence the full arms of the law will go down on you, and your record is permanent. Unless it become spent or struck out.

Why 10 years old? That is because scientist believe that a human brain continue to growth until the age of 10, and before than the area that give us a sense of right or wrong was not fully developed. Hence 10 is most drop off point in the world. Simply because your brain cannot process what you do with regard to right and wrong when you are 10.

In US law, many state do not have a "Defence of Infancy" defence, which mean they believe you are liable to what you do since birth, and while you still technically doli incapax between 0-17, but you can still be detain or correct if you committed a crime between 0-10 years old in most US States.

 

[Uguduwa]

In most countries he cant be charged. The **** outta here with your propaganda

 

[KungFuLee]

In most countries he cant be charged. The **** outta here with your propaganda

Actaully, the kid was 13 when he killed. A lot of country in the world can try him. Common Law set the ages of criminal responsibility at 10. Most US/American Law does not have a limit, and most religious law also does not have a limit.

If he kill that girl in Australia, Hong Kong or UK, he would probably end up in youth detention for the next 5 years, but he would come out without a record when he turn 18. In UK term, he could ended up in youth detention longer if the crown (I mean QE2) think he still is a danger of society. The monarch have the absolute right to pardon or keep them in jail if a person is under 18 when he/she committed a crime.