Age of Criminal Responsibility in China: What Foreign Parents Need to Know

Age of Criminal Responsibility in China: What Foreign Parents Need to Know

China recently adjusted its minimum age of criminal responsibility. For foreign families living in China with children, understanding these thresholds is important.

The Age Tiers

Under Criminal Law, Article 17 [CN official], as amended in 2021: persons under 12 bear no criminal liability; persons aged 12–14 may bear criminal liability for intentional homicide or intentional assault causing death or severe disability, subject to Supreme People's Procuratorate approval; persons aged 14–16 bear criminal liability for eight specified serious offences (homicide, serious assault, rape, robbery, drug trafficking, arson, explosion, poisoning); persons aged 16+ bear full criminal liability. Offenders under 18 receive mitigated punishment.

Juvenile Justice Procedures

The Criminal Procedure Law [CN official] provides special procedures for juvenile defendants: a legal representative must be present during interrogation and trial; trials are not public; and the focus is on education and rehabilitation rather than punishment.

Primary legislation: Criminal Law, Article 17 [CN official]