1. Principle of individual case handling;
2. Principle of giving priority to education and supplementing punishment;
3 , The principle of timeliness and simplicity;
4. The principle of case handling;
5. The principle of non-disclosure. Principle of speed and simplicity;
4. Principle of combined case handling;
5. Principle of non-public trial;
6. Full protection of minor criminal suspects and defendants Principles of people's litigation rights Principles of litigation rights.
1. The principle of giving priority to education and supplementing punishment
This principle means that in criminal proceedings for minors, judicial organs should carry out education, reform and rescue work for minors who are determined to be guilty by the people's court in accordance with the law. To investigate the criminal responsibility of minors who have violated the law and committed crimes, we should implement the principles of education, reform and rescue, and adhere to the principle of giving priority to education and supplementing punishment. This principle plays an important guiding role in the entire litigation of juvenile cases and is the dominant idea in handling juvenile criminal cases. Other litigation principles in juvenile criminal cases basically revolve around this principle. According to this principle, at all stages of juvenile criminal cases, judicial organs must adhere to the principle of education and punishment as a supplement, and waste no time in educating and rescuing minors.
The second is the principle of separate case opening
This principle means that when handling juvenile criminal cases, they should be separated from adult criminal cases in terms of time and location. . Article 57 of the Law on the Protection of Minors stipulates that minors serving sentences in custody should be held separately from adults. Article 23 of the High Procuratorate Regulations stipulates that when the People’s Procuratorate examines cases involving minors and adults committing adultery crimes, they should generally prosecute minors and adults separately.
(1) The content of the principle of division of cases generally includes:
1. When coercive measures such as detention and arrest are taken against minor criminal suspects in criminal proceedings, they must be kept separate from adult criminal suspects;
2.
3. During the transfer stage of execution after the case of minors has been processed, they shall not be held in the same prison as adult criminals.
(2) The main reason for dividing the case is that minors are not mature physically and mentally and are easily affected by the external environment and others. When they are detained as criminal suspects and interrogated and tried as criminal defendants, At this time, the psychological pressure they can bear is limited. At this time, minors are more eager to get care and guidance from the people around them. Most minors entering prisons for the first time are first-time offenders or occasional offenders who have not yet been exposed to society. The purpose of establishing the principle of case handling is to fully protect minors entering the litigation stage from the adverse influence of adult criminals. In addition, locking minors together with adults may not be conducive to the safety of minors.
Third, the principle of non-public trials
This principle means that when the People’s Court hears criminal cases, the public is not allowed to observe, reporters are not allowed to interview, and newspapers and other printed matter are not allowed to publish The name, age, occupation, address, photo, etc. of the minor defendant. This is stipulated in China’s Criminal Procedure Law and relevant judicial interpretations, the Law on the Protection of Minors and the Law on the Prevention of Delinquency of Minors.
(1) The principle of closed trial generally includes:
1. Criminal cases involving minors who are over 14 but under 16 when they are suspected of committing crimes will not be heard in public;
2. Criminal cases involving minors who are over 16 but under 18 when they are suspected of committing crimes will generally not be heard in public. There is also no public trial. If a public trial is required, it must be approved by the President of the People's Court, and the number and scope of observers must be limited.
3. If the close adult relatives and teachers of minor defendants appear in court, which is conducive to the trial work and the education and reform of minor defendants, they may be allowed or invited to appear in court with the approval of the presiding judge of the trial court. However, confidentiality should be strengthened and the case trial status should not be disseminated or provided to the outside world.
4. For cases that are not heard in public, the pronouncement of the judgment remains public.
5. In cases of minor crimes, news reports, film and television programs, and public publications shall not disclose the minor's name, place of origin, photos, or information that may be inferred about the minor.
6. In juvenile criminal cases that are not heard in public, the image of the defendant shall not be disclosed in any way.
(2) The reason for non-public trials is: it is conducive to protecting the reputation, self-esteem and personal dignity of minor defendants, and preventing unnecessary mental trauma and unlimited psychological distress from public trials to minor defendants. Pressure is conducive to minor defendants receiving education, rescue, and rehabilitation. The purpose is to strengthen special physical and mental protection for minor defendants and ensure the smooth progress of criminal proceedings. The kind of public "exposure" or injury to their self-esteem they suffer is not conducive to their education and transformation. Based on the long-term interests of the future development of minors, the law stipulates that criminal cases of minors should not be heard publicly, which is also a kind of litigation civilization.
Fourth, the principle of fully protecting the litigation rights of minor criminal suspects and defendants
This principle means that judicial organs should fully protect the rights of juvenile criminal suspects and defendants in the process of handling criminal cases. The litigation rights enjoyed by minor criminal suspects and defendants in accordance with the law.
(1) The content of the principle of fully protecting the litigation rights of juvenile criminal suspects and defendants generally includes: in addition to enjoying all the litigation rights of adult defendants, juvenile criminal suspects and defendants should also enjoy The following special litigation rights:
1. The right to legal defense. The defendant has the right to obtain a defense, and the People's Court has the obligation to ensure that the defendant obtains a defense. For minor defendants who have not appointed a defender, the People's Court shall appoint a defender. This is a special protection for minor defendants’ right to defense.
2. The legal representative’s right to participate in litigation. For criminal cases involving minors under the age of 18, when interrogating minor criminal suspects, the public security organs and the People's Procuratorate shall notify their guardians to be present; when the trial is held, the juvenile court shall conduct interviews in the auditorium on the side of the defendant's seat. The legal representative of the minor defendant shall have a seat; a copy of the indictment shall be served to the minor defendant's legal representative and the minor defendant shall be informed of his litigation rights. The main reason why the above factors should be considered is: on the one hand, it is to eliminate the tension and fear of minors after entering the litigation process and ensure the smooth progress of case investigation and trial; on the other hand, it is to strengthen the legitimate rights and interests of legal representatives protection. It can also urge judicial organs to strengthen special protection of minors’ litigation rights and continuously improve their own work.
(2) Establish the principle of fully protecting the litigation rights of minor criminal suspects and defendants. The purpose is to urge judicial organs to fulfill their obligations to protect the litigation rights of minor criminal suspects and defendants and eliminate the litigation process. remove obstacles that prevent minors from exercising their procedural rights and ensure that criminal cases involving minors are adjudicated fairly.
V. Principle of timeliness and simplicity
Timeliness means that at all stages of litigation, time should be sought as much as possible for timely investigation, prosecution, and trial. In terms of time requirements, it should be processed as quickly as possible than adult criminal cases. In other words, at every stage of litigation, judicial organs and judicial personnel should handle cases in a timely manner without delay or delay. Simplicity means that the entire litigation procedure should be as simple as possible.
(1) The so-called promptness does not mean quickness. The timeliness of litigation requires that criminal proceedings should not be carried out too quickly or too slowly. If the litigation process proceeds too quickly, it will be difficult for the prosecution and defense to fully collect materials and evidence, and it will be difficult to fully present claims and evidence, which will affect the determination of the facts of the case and the correct application of the law. However, if the litigation process proceeds too slowly, it may cause delays in the proceedings, which may not only cause the loss or damage of evidence, but may also damage the rights of the parties and cause a waste of judicial resources. In addition, since most criminal cases involving minors are first-time offenders, occasional offenders or impulsive crimes, minors are not yet physically and mentally mature. Excessive litigation time, especially long detention time, will have long-term consequences for their future. negative impact. Therefore, juvenile criminal cases should be prosecuted promptly. In fact, timely litigation is a principle that should be followed in any lawsuit. However, due to the special nature of juvenile criminal cases, the timeliness of juvenile litigation needs to be emphasized even more.
(2) The timeliness and simplicity here are only relative to adults. We cannot go beyond the legal procedures and create another set. We must strictly implement the Criminal Procedure Law to ensure that minors’ cases are completed within the statutory time limit. The case will be closed within the deadline and the legitimate rights and interests of minor defendants will be effectively safeguarded.
6. Principle of Moderation
When handling juvenile criminal cases, we must pay attention to the physical and mental characteristics of juvenile criminal suspects and defendants, and try not to use fierce and harsh litigation as much as possible means.
For example, try not to use coercive measures or use as little force as possible. During summons, interrogation, and trial, their legal representatives should be notified to be present as much as possible, and their teachers can be invited to participate if necessary.
(1) During the interrogation, pay attention to education and enlightenment, patiently and carefully enlighten, and try to be as gentle as possible.
(2) During the trial, the form of juvenile court should be adopted, and attention should be paid to creating a warm and soft court atmosphere. In practice, some local courts use the "round table court" format to hear juvenile criminal cases, which has achieved good results.
7. Principle of Comprehensive Investigation
This principle means that when judicial organs handle cases involving minors, in addition to investigating and examining the facts and evidence of the case, they must also investigate the consequences of the unforeseen circumstances. Conduct a comprehensive and thorough investigation into the subjective and objective factors of adult crime, as well as the process of formation, development, and evolution, as well as the details of people and events that have an important impact on the formation of minors' special personalities. When necessary, medical, psychological and psychiatric evaluations can also be conducted. The scope of a comprehensive investigation varies from case to case and should not be too broad to avoid delaying the proceedings and being detrimental to the education and rehabilitation of minors.
(1) The content of the comprehensive investigation mainly includes:
1. All facts that can prove whether the minor defendant is guilty and the seriousness of the crime, such as the elements of the crime, the circumstances of the crime, Evidence such as the performance of the minor who committed the crime and his performance after the crime, among which it is most important to identify the minor’s criminal motive and purpose;
2. Investigate the minor’s living environment and related social relationships , such as family situation, parental discipline, school study, social interaction, etc.
3. Focus on investigating the details of people and things that have a significant impact on minors when they grow up and fall into criminal quagmire, mainly referring to other relevant factors and social relationships other than the facts of the case;
4. Investigate minors’ interests, hobbies, intellectual abilities, physical and mental maturity, emotional types and other personality characteristics;
5. Ascertain the physiological characteristics of minors , whether there are psychological deformities and abnormalities, whether it is a medical pathology or ideological paranoia, abnormality, etc.
(2) The main purpose of establishing the principle of comprehensive investigation is to find out the subjective and objective causes that induce juvenile crimes and eliminate them to ensure that minors are completely corrected and no longer commit crimes.
Legal Basis
"Law of the People's Republic of China on the Prevention of Juvenile Delinquency"
Article 53 of the Detention, Arrest and Discipline of Juvenile Offenders Minors subject to execution of sentences shall be detained, managed and educated separately from adults. Community corrections for minors should be conducted separately from community corrections for adults. For minors who have the above circumstances and have not completed compulsory education, the public security organs, people's procuratorates, people's courts and judicial administrative departments should cooperate with the education administrative departments to ensure that they continue to receive compulsory education.
Article 280 of the Criminal Procedure Law of the People's Republic of China
Article 280 shall strictly restrict the application of arrest measures to juvenile criminal suspects and defendants. The People's Procuratorate that reviews and approves arrests and the People's Court that decides on arrests shall interrogate juvenile criminal suspects and defendants and listen to the opinions of their defenders. Minors and adults who are detained, arrested, or sentenced should be detained, managed, and educated separately.
Article 281: In criminal cases involving minors, during interrogation and trial, the legal representative of the minor criminal suspect or defendant shall be notified to be present. If it is impossible to notify or the legal representative cannot be present, or if the legal representative is a criminal, other adult relatives of the minor criminal suspect or defendant or the school, unit, grassroots organization in the place of residence, or minors protection organization may be notified. Representatives attended the scene and recorded the relevant situation. The legal representative present may exercise litigation rights on behalf of minor criminal suspects and defendants. If the legal representative or other persons present believe that the case handlers have violated the legitimate rights and interests of minors during interrogation and trial, they may provide opinions. Interrogation transcripts and court hearing transcripts shall be handed over to or read to the legal representative or other persons present. When interrogating a female minor suspect, a female staff member should be present. When hearing juvenile criminal cases, after the juvenile defendant makes his final statement, his legal representative may make a supplementary statement. When interrogating minor victims and witnesses, the provisions of paragraphs 1, 2 and 3 shall apply.