Several Provisions of the Supreme People's Court on the Trial of Criminal Cases concerning Minors

Chapter 1 General Provisions Article 1 In order to protect the legitimate rights and interests of minor defendants, punish and educate minor criminals in accordance with the law, protect innocent minors from criminal prosecution, and gradually establish and improve a juvenile criminal trial system with Chinese characteristics . According to the provisions of the Criminal Procedure Law of the People's Republic of China, the Organization Law of the People's Courts of the People's Republic of China, the Protection Law of the People's Republic of China on Minors, and the Criminal Procedure Law of the People's Republic of China, Article 2 In this case, the Criminal Procedure Law of the People's Republic of China and the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China (hereinafter referred to as the "Interpretation") shall apply. If there are special provisions in these regulations, these regulations shall apply. Article 3 The trial of juvenile criminal cases must be based on facts and the law as the criterion, adhere to the principle of giving priority to education and supplementing punishment, implement the policy of education, reform and rescue, and actively participate in the comprehensive management of social security. Article 4 The people's courts shall strengthen their ties with the public security organs and the people's procuratorate, adhere to the principles of division of labor and responsibilities, mutual cooperation and mutual restraint, and ensure fair and timely trials of criminal cases involving minors. Article 5 The People's Court shall strengthen its ties with relevant government departments, people's organizations such as the Communist Youth League, Women's Federation, and trade unions, as well as relevant social organizations such as juvenile protection organizations, and do a good job in educating and rescuing juvenile offenders. Article 6 Intermediate People's Courts and basic People's Courts may establish juvenile criminal courts. If the conditions are not met, a juvenile criminal case collegial panel should be established in the criminal court or a designated person should be designated to handle juvenile criminal cases. The Higher People's Court may establish a collegial panel for minors' criminal cases in the criminal tribunal.

The Juvenile Criminal Court and the Juvenile Criminal Case Collegiate Panel are collectively referred to as the Juvenile Court.

The Supreme People's Court and the Higher People's Court have established a juvenile court steering group to guide the work of juvenile courts and summarize and promote juvenile criminal trial experience. The juvenile court guidance group should have a dedicated person or office responsible for specific guidance. Article 7 The collegial panel that hears first-instance criminal cases involving minors may be composed of judges or judges and people's assessors. However, cases where simplified procedures are applicable in accordance with the law are excluded. Article 8 The presiding judge of a collegial panel that hears criminal cases involving minors shall be a judge who is familiar with the characteristics of minors and is good at providing ideological education to minors, and shall maintain relatively stable work.

People's jurors who hear criminal cases involving minors are generally cadres, teachers, retirees and staff of minors protection organizations who are familiar with the characteristics of minors and are enthusiastic about educating and rescuing minors. Have the necessary training. Article 9 When hearing juvenile criminal cases, attention should be paid to the physical and mental characteristics of the juvenile defendant, and the facts of the case against which the person is accused and prosecuted should be accurately and promptly ascertained in accordance with the law. For minors who have committed crimes, we must help them understand the causes of the crime and the social harm of the crime, and combine education with trial, and punishment with education. Article 10 The scope of cases accepted by juvenile courts:

(1) The defendant was under the age of eighteen when he committed the crime;

(2) The defendant was under the age of eighteen when he committed the alleged crime. 18 years old, accused of being the ringleader or principal offender.

Whether other criminal cases involving minor defendants, or other criminal cases involving minors, should be heard by a juvenile court shall be decided by the President of the People's Court based on the actual work of the juvenile court. Article 11 Criminal cases involving minors under the age of 16 at the time of trial shall not be heard in public.

Criminal cases involving minors under the age of 18 at the time of trial are generally not heard in public. If it is necessary to hold a public hearing, it must be approved by the president of the court, and the number and scope of observers must be limited. Article 12 Witnesses in minor criminal cases may not appear in court with the permission of the people's court, except as provided by law. Article 13 Before making a judgment in a minor's criminal case, the judge shall not disclose to the outside world the minor's name, address, photo, or information that may be inferred about the minor.

Except for accessing, excerpting, and copying in accordance with the law, juvenile criminal case files may not be accessed, excerpted, disclosed, or disseminated without the approval of the president of this court.

Article 14 The legal representative of a minor defendant shall have the litigation rights to apply for recusal, defend, ask questions, present new evidence, request re-identification or inspection, and file an appeal. After the minor defendant makes his final statement, the legal representative may express his opinion with the permission of the presiding judge. Article 15 The People's Court shall ensure that minor defendants receive defense in accordance with the law.

If a minor defendant under the age of 18 does not retain a defender during the trial, the people's court shall designate a lawyer with legal aid obligations to defend him.

During the trial, the minor defendant and his legal representative may refuse to be defended by the defender.