1, the principle of education, probation and salvation

(1) A case transferred for examination and prosecution meets one of the following conditions. If its legal representative or close relative is not involved in the case, with the consent of the public security organ, the procurator may arrange for a juvenile criminal suspect in custody to meet and talk with his legal representative or close relative:

2. Principles of social investigation

(1) The people's procuratorate may, according to the situation, investigate the growth experience, criminal reasons and guardianship education of juvenile criminal suspects, and make a social investigation report as a reference for handling cases and education.

(2) The court shall examine and listen to the opinions of both the prosecution and the defense on the investigation report of the juvenile defendant and the written materials submitted by the defender. The above reports and materials can be used as a reference for court education and sentencing.

3. The principle of case handling

(1) Minors and adults who are detained, arrested or executed shall be held separately, managed separately and educated separately.

(2) The people's procuratorate shall generally prosecute minors and adults separately when examining cases of joint crimes committed by minors and adults. However, in any of the following circumstances, a separate prosecution may be instituted:

(1) Minors are organizers of criminal groups or principals of other joint crimes;

(2) The case is serious, difficult and complicated, and prosecution by case may hinder the trial of the case;

(3) Involving a criminal incidental civil action, and the partial trial of the incidental civil action is hindered by the divisional prosecution;

(four) there are other circumstances that are not suitable for separate prosecution.

(3) If a case in which a minor and an adult commit a crime jointly is brought to the same people's court in separate cases, it may be tried by the same judicial organization; If it is not suitable to be tried by the same judicial organization, it may be tried by a juvenile court and a criminal court respectively.

If a case of a joint crime committed by a minor and an adult is tried separately by different people's courts or different judicial organizations, the relevant people's courts or judicial organizations should know each other about the trial of the defendants who committed the joint crime and pay attention to the balance of sentencing in the whole case.

4. The principle of closed trial

Cases in which the defendant is under the age of 18 at the time of trial shall not be heard in public. However, with the consent of the minor defendant and his legal representative, the school to which the minor defendant belongs and the minor protection organization may send representatives to be present.

5, the principle of timeliness

6. Principle of moderation

Second, the characteristics

1. The following cases are tried by the juvenile court:

(1) A case in which the defendant was under the age of 18 when he committed the crime and under the age of 20 when the people's court filed the case;

(2) The defendant was under the age of 18 when he committed the alleged crime, and under the age of 20 when the people's court filed the case, and was accused of being a ringleader or a principal offender.

2. If the people's court decides to apply summary procedure to juvenile criminal cases, it shall solicit the opinions of juvenile defendants, their legal representatives and defenders. If the above-mentioned personnel raise objections, the summary procedure is not applicable.

3 _ (2) Don't throw it away when you are poor.

(1) legal representative and appropriate adult presence system: In juvenile criminal cases, the legal representatives of juvenile suspects and defendants should be notified to be present during interrogation and trial. If it is impossible to notify, the legal representative cannot be present or the legal representative is an accessory. Other adult relatives of the juvenile criminal suspect or defendant, and representatives of the school, unit, grass-roots organization or minor protection organization in the place of residence can also be notified to be present, and relevant information can be recorded. The legal representative present may exercise the litigation rights of juvenile criminal suspects and defendants on his behalf.

(2) In the trial of juvenile criminal cases, after the juvenile defendant makes his final statement, his legal representative may make supplementary statements.

(3) The principle of closed-door trial: The judgment of juvenile criminal cases shall be publicly announced, but it shall not be held in the form of a plenary meeting. In cases where criminal records should be sealed according to law, no personnel shall be organized to attend the sentencing; If there are observers, they should be told not to spread case information.

(4) Legal aid defense: If the juvenile criminal suspect or defendant fails to entrust a defender (during the litigation), the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to defend his appointed lawyer.

(5) Seal up criminal records: If a person was under the age of 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of not more than five years, seal up relevant criminal records. If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.

After the people's procuratorate decides not to prosecute the juvenile criminal suspect, it shall seal up the relevant records.

(6) Strictly restrict the application of arrest measures: strictly restrict the application of arrest measures to juvenile criminal suspects and defendants. When the people's procuratorate examines and approves the arrest and the people's court decides to arrest, it shall interrogate the juvenile criminal suspect and defendant and listen to the opinions of the defense lawyer.

4. Conditional non-prosecution

(1) Scope and conditions: When a minor commits a crime, he is suspected of committing a crime stipulated in Chapter IV, Chapter V and Chapter VI of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than one year. If he meets the conditions for prosecution, but shows remorse, the people's procuratorate may make a conditional decision not to prosecute.

(2) Applicable procedures: The people's procuratorate should listen to the opinions of the public security organs and the victims before making a conditional decision not to prosecute. Before making a conditional decision not to prosecute, the people's procuratorate shall listen to the opinions of the public security organ, the victim, the legal representative and the defender of the juvenile criminal suspect, and make an attachment to the record. If the victim is a minor, the opinions of the victim's legal representative and agent ad litem shall also be heard.

(3) Supervision and inspection: The people's procuratorate may require juvenile criminal suspects who are conditionally not prosecuted to receive the following corrective education:

(a) to complete drug treatment, psychological counseling or other appropriate treatment measures;

(two) to provide public welfare labor to the community or public welfare organizations;

(3) It is forbidden to enter a specific place, meet with a specific person, communicate or engage in a specific activity;

(four) compensation for the loss of the victim, apology, etc. ;

(5) receiving relevant education;

(6) Abide by other prohibitive provisions, protect the victims' safety and prevent them from committing crimes again.

During the trial period of conditional non-prosecution, the people's procuratorate shall supervise and inspect the juvenile criminal suspects with conditional non-prosecution. Guardians of juvenile criminal suspects shall strengthen the discipline of juvenile criminal suspects and cooperate with the people's procuratorates to do a good job in supervision and inspection.

(4) Handling result: If a juvenile criminal suspect who is conditionally not prosecuted has any of the following circumstances within the probation period of probation, the people's procuratorate shall revoke the conditional non-prosecution decision and initiate a public prosecution:

(1) Having committed a new crime;

(2) Deciding not to prosecute conditionally after discovering other crimes that need to be prosecuted;

(three) violation of public security regulations, resulting in serious consequences, or repeated violations of public security regulations;

(four) in violation of the provisions of the supervision and administration of conditional non-prosecution of procuratorial organs, resulting in serious consequences, or repeatedly in violation of the provisions of the supervision and administration of conditional non-prosecution of procuratorial organs.

(5) Time limit for trial: If the people's procuratorate decides not to prosecute conditionally, it shall determine the time limit for trial. The probation period is six months to one year, counting from the date when the people's procuratorate makes a conditional decision not to prosecute. The trial period is not included in the case review and prosecution period. The length of the probation period should be commensurate with the seriousness of the crimes committed by juvenile criminal suspects, the magnitude of subjective malignancy and personal danger, their consistent performance and the conditions for receiving help and education. According to the performance of juvenile criminal suspects during the probation period, they can be shortened or extended appropriately within the statutory time limit.

(6) Relief procedure: If the victim refuses to accept the conditional non-prosecution decision and lodge a complaint within seven days after receiving the conditional non-prosecution decision, the juvenile criminal procuratorial organ of the people's procuratorate at the next higher level that made the conditional non-prosecution decision shall file a case for review. _ My mother taught me how to be a good teacher and how to be a good teacher.

The victim may appeal to the people's procuratorate at the next higher level against the people's procuratorate's conditional decision not to prosecute a minor criminal suspect or the decision not to prosecute, and the provision in Article 176 of the Criminal Procedure Law that the victim may bring a suit in a people's court is not applicable.

What's more, what's more, what's more, what's more, what's more, what's more? I don't want to say it, but I don't want to say it.

(a) coerced to participate in the crime;

(2) Preparation, suspension or attempt of a crime;

(3) playing a secondary or auxiliary role in a joint crime;

(4) Deaf, dumb or blind;

(five) due to excessive defense or emergency avoidance, which constitutes a crime;

(six) have surrendered or rendered meritorious service;

(7) Other circumstances in which it is not necessary to be sentenced to punishment or exempted from punishment according to the provisions of the Criminal Law.

(7) Relatively mild treatment methods and methods. When interrogating female juvenile criminal suspects, there should be female staff present. _ ㄍド ド ド ド ド ド ド ド ド ド ド ド ッ ッ ッ ッ ッ ッ ッ ッ ッ ッ ッ ッ

legal ground

The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)

Article 546

When trying juvenile criminal cases, the people's courts should implement the policy of education, probation and salvation, adhere to the principle of giving priority to education and supplementing punishment, and strengthen special protection for minors.

Proceedings in juvenile criminal cases

Article 266 The principle of education, probation and salvation shall be applied to minors who commit crimes, and the principle of giving priority to education and supplementing punishment shall be adhered to.

When handling juvenile criminal cases, the people's courts, people's procuratorates and public security organs shall ensure that minors exercise their litigation rights and obtain legal assistance, which shall be undertaken by judges, prosecutors and investigators who are familiar with the physical and mental characteristics of minors.

Article 267 If a juvenile criminal suspect or defendant fails to entrust a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to defend his appointed lawyer.

Article 268 When handling juvenile criminal cases, public security organs, people's procuratorates and people's courts may, according to the circumstances, investigate the growth experience, causes of crimes and guardianship education of juvenile suspects and defendants.

Article 269 The application of arrest measures to juvenile criminal suspects and defendants is strictly restricted. When the people's procuratorate examines and approves the arrest and the people's court decides to arrest, it shall interrogate the juvenile criminal suspect and defendant and listen to the opinions of the defense lawyer.

Minors and adults who are detained, arrested or punished shall be held separately, managed separately and educated separately.

Article 270 When interrogating and trying criminal cases of minors, the legal representatives of juvenile criminal suspects and defendants shall be notified to be present. If it is impossible to notify, the legal representative cannot be present or the legal representative is an accessory. Other adult relatives of the juvenile criminal suspect or defendant, and representatives of the school, unit, grass-roots organization or minor protection organization in the place of residence can also be notified to be present, and relevant information can be recorded. The legal representative present may exercise the litigation rights of juvenile criminal suspects and defendants on his behalf.

If the legal representative or other persons present believe that the case-handling personnel have infringed upon the legitimate rights and interests of minors during interrogation and trial, they may make comments. The interrogation record and the court record shall be handed over to the legal representative or other persons present for reading or reading.

When interrogating female juvenile criminal suspects, there should be female staff present.

In the trial of juvenile criminal cases, after the juvenile defendant makes his final statement, his legal representative may make supplementary statements.

The provisions of paragraphs 1, 2 and 3 shall apply to the questioning of juvenile victims and witnesses.

Article 271 If a minor is suspected of committing a crime stipulated in Chapters IV, V and VI of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than one year, and meets the conditions for prosecution, but shows remorse, the people's procuratorate may make a conditional decision not to prosecute. Before making a conditional decision not to prosecute, the people's procuratorate shall listen to the opinions of the public security organ and the victim.

The provisions of Articles 175 and 176 of this Law shall apply to the conditional non-prosecution decision of the public security organ requesting reconsideration, requesting review or the victim's appeal.

If a juvenile criminal suspect and his legal representative object to the people's procuratorate's conditional decision not to prosecute, the people's procuratorate shall make a decision to prosecute.

Article 272 During the probation period of conditional non-prosecution, the people's procuratorate shall supervise and inspect the juvenile criminal suspect who is conditionally non-prosecuted. Guardians of juvenile criminal suspects shall strengthen the discipline of juvenile criminal suspects and cooperate with the people's procuratorates to do a good job in supervision and inspection.

The probation period of conditional non-prosecution is more than six months but less than one year, counting from the date when the people's procuratorate makes the decision of conditional non-prosecution.

A juvenile criminal suspect who is conditionally not prosecuted shall abide by the following provisions:

(1) Abide by laws and regulations and obey supervision;

(2) to report their own activities according to the provisions of the inspection organ;

(three) to leave the city or county where you live or to move, it shall be reported to the inspection organ for approval;

(four) to accept correction and education according to the requirements of the inspection organ.

Article 273 If a juvenile criminal suspect who is conditionally not prosecuted has any of the following circumstances during the probation period, the people's procuratorate shall revoke the conditional decision not to prosecute and initiate a public prosecution:

(1) Deciding not to prosecute conditionally after committing a new crime or finding other crimes that need to be prosecuted;

(two) in violation of the provisions of the public security administration or the supervision and administration provisions of the procuratorial organs on conditional non-prosecution, and the circumstances are serious.

The juvenile criminal suspect who conditionally refuses to prosecute does not have the above situation within the probation period of probation. If the probation period of probation expires, the people's procuratorate shall make a decision not to prosecute.

Article 274 A case in which the defendant is under the age of 18 at the time of trial shall not be heard in public. However, with the consent of the minor defendant and his legal representative, the school to which the minor defendant belongs and the minor protection organization may send representatives to be present.

Article 275 If a person was under the age of 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of not more than five years, his criminal record shall be sealed.

If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.

Article 276 Criminal cases involving minors shall be handled in accordance with other provisions of this Law, except those already provided for in this Chapter.