The mainland and Macao criminal law involve minors comparative crime

 

In recent months, micro-blog on "young young girl crime" intense discussions, so that I can not help to related issues into the familiar Macao criminal law within the context of thinking, and then to the mainland and Macao involving minors crime are compared.

 

Essays to write some of their own immature nonsense, to share with you.

 

Both the charge and the law:

Rough statistics following the mainland criminal law, broadly involves five provisions:

 

Article236The [rape crime; crime of carnal knowledge of a child]

Article237The [compulsory indecency, insulting women sin, crime of child molestation]

Article301The [group licentiousness allure minors crime; crime of group licentiousness]

Article359The [lure, shelter, crime of introducing prostitution; entice younger child prostitution]

Article360The [crime of spreading venereal diseases; given a statutory crime].

 

Then have a look the provisions of the Macao penal code, the provisions and charges five:

 

Article166A (a violation of children's sex)

Article167A (a violation of the educated and the dependence of)

Article168A (rape of minors)

Article169A (sexual behavior with minors)

Article170A (for minors procurer)

 

Now related charges on both sides of the comparison are as follows:

 

Criminal law of China

Article 236th

[the rape crime; crime of carnal knowledge of a child]

By violence, coercion or other means to rape women, three to ten years in prison. 　　

Rape young girls under the age of fourteen, to rape, he shall be given a heavier punishment. 　　

The rape of women, carnal knowledge of a child, one of the following circumstances, place above ten years imprisonment, life imprisonment or death:

(a) the rape of women, having sexual intercourse with a minor plot bad;

(two) the rape of women, having sexual intercourse with a minor people;

(three) the rape of women in public places and public;

(four) more than two gang rape;

(five) cause the victim serious injury, death or other serious consequences.

 

The criminal law of Macao

Article 157th

(rape)

One, make the following actors, three years to twelve years in prison:

A) by means of violence or threat and women sexual intercourse, or for sexual intercourse and make women's loss of consciousness, or put it into the state could not resist, and sex; or

B) forced women and third sex in the same way.

The two, the above paragraph and others anal sex or forcing others and third anal intercourse, the same penalty.

 

On the rape, the mainland criminal law does not define a specific interpretation of rape, they need to be identified by the rule of thumb. While the Macao penal code is to make a relatively detailed description:

1      Violence or threat/Women lose consciousness/Irresistible state

2      Forcing women sexual intercourse

3      Or forced women to anal intercourse

 

The criminal law of Macao

Article 168th

(rape of minors)

A, use fourteen to sixteen years old minors without experience and sexual intercourse, at up to four years in prison.

In two, referred to in the preceding paragraph below and fourteen to sixteen years old minors anal intercourse, the same penalty.
   

Specification scope of this crime category specification and the mainland criminal law statutory rape crime is not coincidence, the main provisions of the mainland is fourteen years old of the following young girl, killed in Macao rape underage crime main body is fourteen to sixteen year old juvenile, juvenile crime in Macao rape norms for age is higher, the gender and there is no limit on the category of men women, minors may also be injured body.

 

We compare these two charges in the criminal law of Macao, as the victim of minors are defined in the fourteen to sixteen years old, although not the provisions of criminal behavior of the crime must exist violence and intimidation, but still considered minors own intention and cognitive ability, which is based on the "lack of experience" and the infringer intercourse and anal sex. If the victim has plenty of experience, and completely voluntary and suspects sex or anal sex, is not a crime.

 

Then the violation of statutory below fourteen years old the behavior of Macao how to punish?

 

The criminal law of Macao

Article 166th

(a violation of children's sex)

A, and under the age of fourteen human important erotic behavior, or on the behavior, or to themselves or others as important sexual actors, one to eight years in prison.

Two, in front of people under the age of fourteen years as an important sexual behavior, and directly to the under the age of fourteen people, at the same penalty.

Three, such as behavior and not full fourteen years old man sex or anal sex, at three years to ten years in prison.

Four, make the following actors, at up to three years in prison:

A) exposure for the behavior of in front of people under the age of fourteen years; or

B) said a bad word to under fourteen years of age, or to show pornographic documents, performance or objects, or use under the age of fourteen pictures or photos, videos or recordings recorded pornography.

Five, the intent to profit and make the above described actors, one to five years in prison.

 

 

 

This article is the main protection of children, which is a minor under the age of fourteen, regardless of men and women. With respect to the infringement of fourteen to sixteen year-old minors, the punishment of the crime of wider range, greater punishment.

 

The criminal law of Macao166Article3The specification of the paragraph with the mainland criminal law article236Article2The provisions of the crime of carnal knowledge of a child close, even the punishment to be coincidentally identical. But careful analysis, there are some differences in subject, that is the victim, provisions of the mainland is "less than fourteen year-old young girl" and "the provisions of Macao is under the age of fourteen years old people", also to protect the boy.

 

Now the society, men become the victims of crime is not news, but Macao and mainland laws which are blank.

The mainland criminal law and crime, in addition to "the crime of child molestation" did not clear the victim for women, the rest are described as "women or young girls".

The blank in this area the Macao penal code only adult male, male minors possibility of suffering from sexual assault has emphasized by legislators.

 

Macao penal code article166The remaining sections of the chapter169Strip, and the mainland criminal law article237The corresponding.

 

Criminal law of China

Article 237th

[compulsory indecency, insulting women sin, crime of child molestation]

Using violence, coercion or other means, the coercive indecency or insults a woman, is less than five years imprisonment or criminal detention.

The crime mentioned in the preceding paragraph made in public or in the public place, office for more than five years in prison.

Child pornography, in accordance with the provisions of the preceding two paragraphs shall be given a heavier punishment.

 

The criminal law of Macao

Article 169th

(sexual acts with minors)

Use fourteen to sixteen years old minors without experience and important sexual behavior, or made with others for actors, at up to three years in prison.

 

The criminal law of Macao there is a concept called "important sexual behavior", the meaning is not very clear, basically can be understood as in addition to sexual intercourse and anal vent sexual behavior, and does not belong to the intimacy of ordinary (such as: Kiss cheeks belong to general affection for children, and the children of ignorance and mouth mouth kissing, it may be regarded as an important sexual behavior). But its meaning and threats and insults category difference is not great.

 

The difference lies in the criminal code of Macao various obscene (important sexual behavior) behavior classification is more refined, also set out the different legal punishment.

 

Criminal law of China

Article 359th

[lure, shelter, crime of introducing prostitution; entice younger child prostitution]

Lure, shelter, introducing others into prostitution, is less than five years imprisonment, criminal detention or control, and shall also be fined; if the circumstances are serious, is less than five years imprisonment, fined. 　　

Lure the prostitution of girl under the age of fourteen, more than five years in prison, fined.

 

The criminal law of Macao

Article 170th

(for minors procurer)

A, promote, help or facilitate the minors to engage in prostitution or important sexual actors, one to five years in prison.

Two, such as acts of violence, threat, trickery or fraud scheme, or behavior as a way of life or the intent to profit as the victim, or spirit without ability, or the victim is under the age of fourteen, at two years to ten years in prison.

 

The mainland criminal law article359The specification of the object is not only induce precocious prostitution, including child prostitution manipulation. While the Macao penal code article170The main line was only minor, otherwise "such crimes involving adult pimps crime" and "the crime of aggravated pimps" two charges standard.

 

 

Criminal law of China

Article 360th

[crime of spreading venereal diseases; given a statutory crime]

Knowing that they are suffering from syphilis, gonorrhea and other serious sexually transmitted diseases, prostitution, prostitution, is less than five years imprisonment, criminal detention or control, and shall also be fined. 　　

Given a young girl under the age of fourteen, more than five years in prison, fined.

 

The first and the minor crime has nothing to do, not to say.

 

Provisions of the second paragraph has become the latest online speculation even stir the topic, many people angrily that this provision to help criminals escape or mitigate the proper sanction.

 

But the author contrasts carefully, this crime criminal starting point is five years in prison, and statutory rape crime criminal starting point is three years, although the provisions of the aggravated punishment, but also obviously not given a strict statutory crime.

 

As for the young girl stigmatized views, the author think make trouble out of nothing or at least much suspicion, minors, whether it be prostitution and rape, is not the subjective will dominated, are against misfortune. This distinction is to be more clear and stringent sanctions standard, rather than to the stigma of anyone.

 

But given a statutory crime Is it right? There is no problem? Personally think that the young young girl and statutory rape crime without any substantial difference, whether prostitution or rape, there is no self-determination ability in the statutory presumption of law case, the rape. If you think of go whoring behaviour more worthy of condemnation, which can be defined as a severer punishment plot, level will be more clear.

 

Given a younger child behavior occurred in Macao will be how to convict?

 

According to the above cited articles, that such behavior can be identified as the Macao penal code article166Article3Provisions for child sexual abuse, statutory sentence consistent with rape crime penalty in penal code of Macao, were sentenced to three to ten years.

 

In addition, even if the given object years between fourteen to sixteen years of age, young person still may be the Macao penal code article168The provisions of"The crime of rape of minors"Punishment, premise is the victim" no experience in the aspects of". If in the mainland, fourteen years old girl without the threat of violence the voluntary prostitution, whoring behavior does not constitute a crime. If the object is in the Macao men, is sixteen years old to eighteen years old girl, as long as there are no coercion or violence, also do not constitute a crime, but does not belong to any illegal behavior, can only be condemned on moral.

Finally, suddenly thought of a problem in the minors, voluntary, and have reached the age of sixteen underage sex is not a crime?

From the mainland criminal law statutory rape crime and prostitution young girl crime are limited to fourteen year old of young girls, voluntary sexual relations with more than sixteen year old young girl, seemingly already does not belong to the category of criminal law.

The situation in Macao is so much, even if the "rape of minors crime" for fourteen to sixteen years old minors protection, see requirements against the use of minors for sexual ignorance constitutes a crime. But according to the relationship between the infringer and victim, the provisions of the Macao penal code otherwise:

 

This article quoted the "crime" of children's sexual assault, for those who have the obligation to protect minors, make higher demands.

From this we can know, according to the provisions of this article, if the offender is a school teacher, because he abused his position of power, so that the above sixteen years old minors have sex with their voluntary, regardless of sex, anal sex or importance and behavior (Wei Xie), all belong to the crime.

 

And this essay, ramble in one's statement, lying, welcome advice, exchange.