Article 1 In order to protect the legitimate rights and interests of minors and help educate and save minors who commit crimes, we should strictly abide by the law.
In handling criminal cases of minors, this system is formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Minors and other relevant laws and regulations.
Make this provision.
Article 2 In handling juvenile criminal cases, education and publicity must be conducted on the basis of facts and the law as the criterion.
The modern aid policy should take care of the physical and mental characteristics of minors, respect their personal dignity and protect their legitimate rights and interests.
Article 3 In handling juvenile criminal cases, legal publicity and education should be given to juvenile offenders to make them take the initiative.
They provide legal advice and help, and clearly inform them of their rights and obligations according to law.
Article 4 In handling juvenile criminal cases, it is strictly forbidden to use threats, intimidation, seduction, deception and other methods to obtain evidence.
It is forbidden to extort confessions by torture.
Article 5 In handling juvenile criminal cases, the reputation of minors shall be protected, and the situation of minors involved shall not be publicly disclosed.
Name, address and image of the person.
Article 6 The public security organ shall set up special institutions or full-time personnel to undertake juvenile criminal cases. Dealing with minors
A person who commits a crime should have basic professional knowledge of psychology, criminology, pedagogy and other related legal knowledge, and have
Have some experience in handling cases.
Article 7 These Provisions are special provisions for handling juvenile criminal cases. Matters not covered in these Provisions shall be governed by these Provisions.
The provisions of laws and regulations.
Chapter II Filing an Investigation
Article 8 Juvenile criminal cases refer to:
(1)/kloc-a case in which a person over 0/4 years old but under 0/8 years old commits a crime and needs to be investigated for criminal responsibility;
(2) The fourth paragraph of Article 14 of the Criminal Law of People's Republic of China (PRC) regulated by the government;
(3)/KLOC-cases of dissatisfaction over 0/6 years old/KLOC-cases of reeducation through labor under 0/8 years old;
(4)/kloc-cases in which persons over 0/4 years of age but under 0/8 years of age violated the regulations on public security management and were punished by public security;
(5)1case of education for minors under 8 years old;
(six) 18 minors under the age of compulsory detoxification cases.
Article 9 The public security organs must immediately try minors who have been handed over, reported, accused or surrendered.
Check, make a decision on whether to file a case according to law.
Article 10 Minors who violate the law and commit crimes shall be interrogated in a way different from that of adults. Before the trial, in addition to mastering the case.
Conditions and evidence materials, but also to understand their life, learning environment, growth experience, personality characteristics, psychological state and social interaction.
Situation, make a targeted interrogation outline.
Article 11 When interrogating minors who violate the law and commit crimes, they shall be based on the needs of investigating cases, except those who hinder the investigation or cannot inform them.
In addition, parents or guardians or teachers should be informed to be present.
Article 12 There shall be no fewer than two persons handling criminal cases involving minors. Interrogation of minors who commit crimes can be made at
Public security organs can also carry out it in minors' residences, units or schools.
Article 13 When interrogating minors who violate the law and commit crimes, they should patiently and carefully listen to their statements or excuses and carefully examine them.
Verify the evidence and clues related to the case, and guide and educate them according to their ideological concerns, fears and ambivalence.
Article 14 Interrogations shall be truthfully recorded. The interrogation record shall be checked by the person being interrogated or read to him. The pen of the interrogated person
If there is any objection to the contents of the record, it shall be verified clearly and corrected or supplemented. When necessary, the written record can be used at the same time.
Audio and video.
Chapter III Compulsory Measures
Fifteenth cases of juvenile delinquency, should strictly limit and minimize the use of coercive measures.
It is strictly forbidden to use asylum review for minors who violate the law and commit crimes.
Sixteenth minors do not meet the conditions of detention and arrest, but their own safety is seriously threatened.
With the consent of parents or guardians, necessary personal protection measures can be taken according to law. After the danger is eliminated, the protection shall be lifted immediately.
Measures.
Article 17 For a juvenile defendant who is committing a crime or has an emergency such as assault, escape or suicide. After committing a crime, you can
In order to be detained according to law.
Eighteenth for recidivists, recidivists, first offenders, joint crimes or group crimes in the principal, homicide, serious injury, robbery.
It is not enough to prevent minor defendants who seriously undermine social order such as fires from taking measures such as bail pending trial and residential surveillance.
If it is really necessary to arrest, it shall be submitted for arrest.
Article 19 After detention or arrest, the reasons for detention or arrest and the place of detention shall be informed within 24 hours.
Their parents, guardians or their schools or units. Except for cases that hinder investigation or cannot be notified.
Twentieth juvenile criminal cases, the investigation and interrogation of juvenile students in school shall not affect their normal study.
Xi。
Twenty-first minors under supervision should be detained and managed separately from adults, and according to their physical and psychological conditions.
Take care of the characteristics in life and study.
Twenty-second in principle, no restraint tools shall be used in handling juvenile criminal cases. Yes, crime, escape, suicide, self-defense.
If it is necessary to use restraint means for real dangers such as injury and self-harm, it should be limited to avoiding and preventing the occurrence of harmful results and eliminating real dangers.
In addition, it should be stopped immediately.
It is strictly forbidden to use restraint means in handling juvenile illegal cases.
Twenty-third detention centers should fully protect the rights of minors in custody to communicate and meet with their close relatives. Sick
Should be given timely treatment, and inform their parents or guardians.
Twenty-fourth juvenile criminal cases should be dealt with in a timely manner. For minors who are subject to criminal compulsory measures.
People, should try to shorten the detention time and handling time. If the case cannot be closed after the legal detention period, it shall be determined that the defendant is in custody.
That is, to change or cancel compulsory measures.
Chapter IV Handling
Twenty-fifth cases for the end, it should be a comprehensive analysis of the case, give full consideration to the characteristics of minors, from
It is conducive to educating and saving juvenile defendants, and puts forward handling opinions according to law.
Minors who commit crimes shall be given a lighter, mitigated or exempted punishment in comparison with adults who commit crimes.
Article 26 The criminal cases of minors transferred by people's procuratorates for examination and prosecution shall be the same as those of minors transferred by people's procuratorates for examination and prosecution.
The procuratorial organs for personal crimes and the judicial organs for juvenile crimes of the people's courts should strengthen contact and introduce the defendants in the investigation stage.
Ideological change, repentance, etc. To ensure the accurate application of the law.
Twenty-seventh minors who violate the administration of public security should try to avoid the use of public security detention punishment. For students at school,
Public security detention is generally not allowed.
Twenty-eighth minors who commit crimes and need to be sent to reeducation through labor should be strictly controlled.
Parents who are responsible for discipline will not send it.
Chapter V Implementation
Article 29 Minors who commit crimes in places under the supervision of public security organs shall be educated by public security organs.
Education and ideological education, do a good job in rescue work, adhere to management according to law and civilized management, and it is strictly forbidden to abuse, abuse and insult personality.
For the person subjected to execution with outstanding performance or meritorious service, the executing public security organ shall promptly put forward mitigation measures to the original decision-making organ.
Opinions on punishment and early release.
Article 30 For juvenile offenders who are under control, suspended, released on parole, released on parole for medical treatment or executed outside reeducation-through-labor places,
The executing public security organ shall be composed of the public security police station, schools and units, residents' committees and villagers' committees where the person subjected to execution is located.
Will, guardians and other educational help groups, supervision, education, inspection and civilized management according to law, and inform the original performance.
judge
Decision or decision organ. For those who perform well, they should promptly put forward opinions on commutation or reeducation through labor.
Thirty-first public security organs should formulate supervision measures according to the characteristics of juvenile offenders and the nature of crimes.
Management measures, the establishment of supervision and management files, and regularly with the original judgment, decision-making organs and their schools or units.
Specific measures for supervision, assistance and inspection.
Thirty-second minors who have the conditions for schooling or employment after the expiration of the execution period shall be executed by the public security organ.
Education, employment and other issues to the relevant departments to introduce the situation, provide information and put forward suggestions.