2026年7月18日，最高人民检察院、公安部联合公布《关于办理已满十二周岁不满十四周岁未成年人严重暴力犯罪核准追诉案件若干问题的规定》，该规定于2026年7月18日开始施行1。此举旨在保证下调刑事责任年龄条款的正确实施，细化刑法第17条第3款关于低龄未成年人严重暴力犯罪核准追诉的操作标准1。
依据自2021年3月1日起施行的《刑法修正案（十一）》新增的刑法第17条第3款，已满十二周岁不满十四周岁的人，犯故意杀人、故意伤害罪，致人死亡或者以特别残忍手段致人重伤造成严重残疾，情节恶劣，经最高人民检察院核准追诉的就需要负刑事责任1。同时，相关规定强调不核准追诉不否定行为违法性1。人民检察院根据案件情况，可以建议有关机关依法将不予追究刑事责任的未成年人送入专门矫治教育场所进行专门矫治教育1。
On July 18, 2026, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the Provisions on Several Issues Concerning the Approved Prosecution of Cases of Serious Violent Crimes Committed by Minors Aged 12 and Above but Under 14 1. These provisions, which took effect on the same day, refine the operational standards for the approved prosecution of serious violent crimes committed by young minors under Article 17, Paragraph 3 of the Criminal Law 1. The initiative aims to ensure the correct implementation of the legal provisions regarding the lowered age of criminal responsibility 1.
Under Article 17, Paragraph 3 of the Criminal Law, which was added by Amendment XI to the Criminal Law and has been in effect since March 1, 2021, minors aged 12 and above but under 14 shall bear criminal responsibility if they commit intentional homicide or intentional injury that leads to death or causes serious injury resulting in serious disability through particularly cruel means 1. Such prosecution requires the circumstances to be egregious and the explicit approval of the Supreme People's Procuratorate 1. Furthermore, the newly issued provisions clarify that the decision not to approve a prosecution does not negate the illegality of the minor's actions 1. In cases where minors are not held criminally liable, people's procuratorates may suggest to relevant authorities, based on the specific circumstances of the case, that these individuals be sent to specialized correctional education facilities for specialized correctional education in accordance with the law 1.
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