In June 2023, China’s Supreme People’s Court, Supreme People’s Procuratorate, and Ministry of Public Security jointly issued the proposed “Guidelines on Fighting Cyberbullying Crimes and Violations (Draft for Public Comment)”. The Draft provides that such an act may be recognized as an insult or defamation under the Criminal Law, or as an infringement of personality rights under the Civil Code.
Criminal Law System in China
Under Chinese criminal laws, where a juvenile has reached 18 when committing a crime and is sentenced to fixed-term imprisonment of five years or a lighter punishment, the criminal records concerned shall be sealed for preservation.
In October 2022, China's Supreme People's Procuratorate released the “Report on the Work of People's Procuratorates in Prosecution of Minors”, which provides data on minor crimes from 2018 to 2021.
China's judiciary comprises of courts, procuratorates, supervisory commissions, and two other governmental organs—public security organs and judicial administrative organs.
The “Tales of the Criminal Courtroom” Series is a collection of articles written by J. Wong, a Chinese judge currently serving in the criminal division of a local court. This is the 1st post of the Series.