New Law Establishes Penalty for Attempted Murder in Child Abuse Cases

On the 28th, the National Assembly passed a legislative amendment to establish the crime of 'attempted murder in child abuse cases' which mandates a prison sentence without the possibility of probation for those who attempt to kill a child through abuse.

The Ministry of Justice announced that the amendment to the 'Act on Special Cases Concerning the Punishment of Crimes of Child Abuse' has successfully passed through the National Assembly.

Previously, individuals who attempted to murder a child were charged with attempted murder under general criminal law, which carries penalties of death, life imprisonment, or a minimum of five years in prison. This allowed for the possibility of reduced sentences and probation for those convicted of attempted murder.

Under the new law, anyone who attempts to kill a child will face a minimum sentence of seven years in prison without the option of probation.

Additionally, the amendment stipulates that if the attempted murderer is the legal guardian or custodian of the victim, the prosecutor is required to file for a change or loss of that status.

In cases where an individual receives a summary order rather than a guilty verdict, they may still be mandated to complete a child abuse treatment program to prevent reoffending.

The amendment also introduces measures to ensure that emergency actions can involve transferring the child to relatives or guardians, expanding the previous protocol that only allowed for placement in protective facilities.

Furthermore, staff members at alternative education institutions who are directly responsible for educating and protecting children will now have mandatory reporting obligations similar to those in schools and academies. To prevent gaps in the protection of child victims, prosecutors will also be granted the authority to extend, cancel, or modify temporary measures.

The Ministry of Justice expressed optimism that the amendment will enhance the protection of children's rights and stated its commitment to strengthening the response system from the prevention of child abuse to post-support for victims.