In China the age of criminal responsibility is 16: people who have turned 16 are fully responsible for crimes, those aged 14 to 16 are responsible only for eight very serious crimes, and children aged 12 to 14 can be prosecuted only for intentional killing or maiming and only with approval from the Supreme People’s Procuratorate (Criminal Law, Article 17, as amended in 2021).
What are the rules for teenagers aged 14 to 16?
At 14, a child becomes responsible for intentional homicide, intentional assault causing serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning. Outside this closed list of eight crimes, a 14- or 15-year-old is not criminally liable. Courts must give lighter or reduced punishment to every offender under 18 (Article 17, paragraph 4). Ages are counted by actual birthday, not by year of birth.
Can a child under 14 ever be prosecuted?
Only in the narrow situation created by the 2020 amendment: a child aged 12 to 14 who intentionally kills someone, or intentionally injures someone causing death or severe disability by especially cruel means, may be prosecuted when the case is extremely bad and the Supreme People’s Procuratorate approves. Children below 12 are never criminally liable. Instead their parents are ordered to discipline them and, where necessary, the state may order special correctional education for children under 16 who are not criminally punished.
Related Reading
- Guides: China Criminal Law Guides
- Which Crimes Are Punishable by Death in China?
- Are Guns Illegal in China?
Frequently asked questions
Q: What are the rules for teenagers aged 14 to 16?
A: At 14, a child becomes responsible for intentional homicide, intentional assault causing serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning. Outside this closed list of eight crimes, a 14- or 15-year-old is not criminally liable. Courts must give lighter or reduced punishment to every offender under 18 (Article 17, paragraph 4). Ages are counted by actual birthday, not by year of birth.
Q: Can a child under 14 ever be prosecuted?
A: Only in the narrow situation created by the 2020 amendment: a child aged 12 to 14 who intentionally kills someone, or intentionally injures someone causing death or severe disability by especially cruel means, may be prosecuted when the case is extremely bad and the Supreme People’s Procuratorate approves. Children below 12 are never criminally liable.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512