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 commits a crime of * * *, other adult relatives of the juvenile 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.