When is a Crime Not a Crime (情节显著轻微)

“The theory of personal dangerousness is an imported concept within the theoretical framework of China’s criminal law. The prevailing view currently holds that personal dangerousness refers to thepossibility of recidivism. The proviso in Article 13 of China’s Criminal Law possesses the function of decriminalization (or exclusion of criminal liability), a point on which there is no longer dissent within the field of criminal law scholarship. However, interpretations of the proviso itself have consistently been subject to debate. By examining the concept and indicators of personal dangerousness and defining the term “circumstances” within the proviso, this paper argues that within criminal law theory, there exists an overlapping relationship in the conceptual extension between “circumstances” and personal dangerousness. “Circumstances” can reflect the perpetrator’s personal dangerousness, and the phrase “where the circumstances are obviously minor” in the proviso inherently implies a low degree of personal dangerousness.”

Interpretation of the Relationship between
“Obviously Minor Circumstances” in the
Proviso of Article 13 of the Criminal Law
and Personal Dangerousness
刑法第13条但书条文中“情节显著轻微”
与人身危险性关系的阐释
张双凤，王艺瑾
Shuangfeng Zhang, Yijin Wu
Dispute Settlement 争议解决, 2025, 11(10), 25-31
Published Online October 2025 in Hans. https://www.hanspub.org/journal/ds
https://doi.org/10.12677/ds.2025.1110300

Keywords
Proviso, Obviously Minor Circumstances, Personal Dangerousness