Lawyer xiuwen county.
Guta district lawyer
Zhanyi county lawyer
Wangqing county lawyer
Xiangshui county lawyer
Qin' an county lawyer
In recent years, China's juvenile delinquency cases are on the rise. Minors are easy to commit crimes on impulse because of their young age and weak ability of analysis and identification, but their subjective malignancy is small. Therefore, we should be cautious when dealing with juvenile delinquency cases. Today, let's take a look at how the law of our country stipulates the evidence investigation of juvenile delinquency.
What are the legal provisions for the investigation of juvenile crime evidence?
First of all, the relevant provisions of China's Criminal Procedure Law on the investigation of juvenile crimes.
Article 268 of China's Criminal Procedure Law stipulates that public security organs, people's procuratorates and people's courts may, in handling juvenile criminal cases, investigate the growth experience, criminal reasons and guardianship education of juvenile suspects and defendants according to the circumstances.
Two, China's "Criminal Procedure Law Interpretation" on the relevant provisions of juvenile crime investigation.
Article 466 of the Supreme People's Court's Interpretation on Application stipulates that when a people's court tries a juvenile criminal case, it shall notify the legal representative of the juvenile defendant to be present for interrogation and trial. If the legal representative is unable to notify, attend the scene or commit a crime, he may also notify other adult relatives of the juvenile defendant, representatives of grass-roots organizations in his school, unit and place of residence or organizations for the protection of minors to attend the scene, and record the relevant information.
Article 484 stipulates that 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.
Third,
Relevant provisions on the investigation of juvenile criminal evidence in the Guide to the Defense of Juvenile Criminal Cases
Article 26 of the Guide to Defending Minors' Criminal Cases stipulates that when conducting a social investigation, a lawyer shall inform the respondent to protect the privacy of minors, and shall not disclose the information of minors suspected of violating the law and committing crimes, and record it in the record.
Article 28 stipulates that a lawyer who visits a school, community or work unit where a minor is located shall obtain the consent of the minor's legal representative.
Article 34 stipulates that social investigation reports produced by lawyers and evidence materials collected in the process of social investigation that can prove the situation of minors shall be provided to judicial organs in a timely manner, and according to the social investigation and the facts of this case, suggestions in favor of juvenile criminal suspects or defendants, such as withdrawing cases, not prosecuting, obtaining bail pending trial, being given a lighter punishment, being mitigated or exempted from punishment, and being suspended, shall be put forward to judicial organs in a timely manner.
As for the evidence collection and investigation of juvenile delinquency, as can be seen from the above, the relevant provisions of China's criminal procedure law, the interpretation of the criminal procedure law and the work guidelines all give corresponding guiding provisions. When minors commit crimes, we should not only educate and correct them, but also consider minimizing the impact of criminal incidents on their future lives. Therefore, it is particularly important to do a good job of confidentiality when collecting evidence and investigating and collecting evidence. For more information about juvenile delinquency, please consult.
Extended reading:
How to determine the age of juvenile delinquency?
Minors can get legal aid in advance.
What are the provisions of the Law on Juvenile Criminal Offences?