The first section, review
Article 22 The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the victim and his legal representative or his near relatives, the parties involved in incidental civil litigation and his legal representative that he has the right to entrust an agent ad litem.
If a minor victim or his legal representative expresses his intention to hire a lawyer, but fails to appoint an agent ad litem due to financial difficulties or other reasons, he shall help him apply for legal aid.
If a juvenile criminal suspect is detained, the people's procuratorate shall examine whether it is necessary to continue to be detained. If it is not necessary to continue detention, compulsory measures shall be released or changed.
When examining and prosecuting a juvenile criminal suspect, the opinions of his parents or other legal representatives, defenders, victims and their legal representatives shall be listened to.
Article 23 The people's procuratorate shall interrogate juvenile criminal suspects when examining and prosecuting juvenile criminal cases. The interrogation of juvenile criminal suspects shall be governed by the provisions of Articles 17 and 18 of these Provisions.
Article 24 If a case transferred for examination and prosecution meets one of the following conditions and its legal representative or close relatives are not involved, with the consent of the public security organ, the procurator may arrange for the juvenile criminal suspect in custody to meet and talk with his legal representative or close relatives:
(a) the facts of the case have been basically ascertained, the main evidence is true and sufficient, and the arrangement of meetings and telephone calls will not affect the normal conduct of litigation activities;
(2) The juvenile criminal suspect has pleaded guilty or repented, or although he has not yet pleaded guilty or repented, it is possible to promote his reform through interviews and telephone calls, or it is beneficial to social and family stability through interviews and telephone calls;
(3) The legal representatives and close relatives of juvenile criminal suspects have a certain understanding of the causes, social harm and consequences of their crimes, and can cooperate with judicial organs in education.
Twenty-fifth juvenile criminal suspects in custody meet or meet their legal representatives, close relatives, etc. The public prosecutor shall inform him that there shall be no collusion or other content that hinders the proceedings. Prosecutors can attend meetings and teleconferences. After the meeting and telephone conversation, the procurator shall timely sort out and record the relevant contents.
The second part, no prosecution
Article 26 If a minor criminal suspect commits a minor crime and has one of the following circumstances, and it is not necessary to be sentenced or exempted from punishment according to the provisions of the Criminal Law, he shall generally make a decision not to prosecute according to law:
(a) coerced to participate in the crime;
(2) Preparation, suspension or attempt of a crime;
(3) playing a secondary or auxiliary role in the same crime;
(4) Deaf, dumb or blind;
(five) due to excessive defense or emergency avoidance, which constitutes a crime;
(six) have surrendered or rendered meritorious service;
(7) Other circumstances in which it is not necessary to be sentenced to punishment or exempted from punishment according to the provisions of the Criminal Law.
Article 27 For minor injury cases, first-time offenders, negligent crimes, attempted crimes, and criminal cases deceived or instigated by minors, if the circumstances are minor and the criminal suspect does show remorse, both parties voluntarily reach an agreement on civil compensation and earnestly perform it, or provide effective guarantee with the consent of the victim, which conforms to the provisions of Article 37 of the Criminal Law. The people's procuratorate may make a decision not to prosecute according to the provisions of the second paragraph of Article 173 of the Criminal Procedure Law, and may, according to the different circumstances of the case, admonish it or order it to make a statement of repentance, make an apology and compensate for the losses, or be given administrative punishment by the competent department.
Twenty-eighth decision not to prosecute shall be announced to the minors who do not prosecute and their legal representatives, and the reasons and legal basis for not prosecuting shall be clarified.
The decision not to prosecute shall be served on the public security organ, the minors who have not been prosecuted and their legal representatives, defenders, victims or their close relatives or agents ad litem.
When delivered, the victim or his near relatives and his agent ad litem shall be informed. If he refuses to accept the decision to sue and apologize, he may appeal to the people's procuratorate at the next higher level within seven days from the date of receiving the decision not to prosecute, or he may directly bring a lawsuit to the people's court without appealing. Minors and their legal representatives who have been informed not to prosecute may lodge a complaint with the People's Procuratorate within seven days after receiving the decision not to prosecute.
Section III, Conditional Non-prosecution
Article 29 A people's procuratorate may make a conditional decision not to prosecute a minor who has reached the age of 14 and under the age of 18 at the time of committing a crime if the following conditions are met:
(1) Suspected of a crime as stipulated in Chapters IV, V and VI of the Specific Provisions of the Criminal Law;
(two) according to the specific facts and circumstances of the crime, it may be sentenced to fixed-term imprisonment of not more than one year;
(three) the facts of the crime are clear, the evidence is true and sufficient, and it meets the conditions for prosecution;
(4) showing repentance.
Article 30 Before making a conditional decision not to prosecute, the people's procuratorate shall listen to the opinions of the public security organ, the victim, the legal representative and the defender of the juvenile criminal suspect, and make an attachment to the record. If the victim is a minor, the opinions of the victim's legal representative and agent ad litem shall also be heard.
Article 31 If the public security organ and the victim have objections to conditional non-prosecution or the case is controversial, the people's procuratorate may convene investigators, victims and their legal representatives, agents ad litem, juvenile criminal suspects and their legal representatives and defenders to hold closed-door hearings to fully listen to the opinions and reasons of all parties.
The people's procuratorate shall carefully apply the conditional non-prosecution decision that may intensify contradictions or cause unstable factors.
Article 32 The review opinions on the application of conditional non-prosecution shall be put forward by the case-handling personnel fifteen days before the expiration of the review and prosecution period, and the trial period and inspection plan shall be drawn up according to the specific circumstances of the case, together with the case review report and social investigation report, which shall be reviewed by the department head and submitted to the chief procurator or the procuratorial committee for decision.
Article 33 After a people's procuratorate makes a conditional decision not to prosecute, it shall, within three days, deliver the conditional decision not to prosecute to the public security organ, the victim or his near relatives and their agents ad litem, the juvenile criminal suspect and his legal representative and defender.
When delivered, the victim or his near relatives and his agent ad litem shall be informed. If you are dissatisfied with the conditional non-prosecution decision, you can appeal to the people's procuratorate at the next higher level within seven days after receiving the conditional non-prosecution decision.
The people's procuratorate shall announce the conditional non-prosecution decision to the juvenile criminal suspect and his legal representative, inform him of the trial period, the provisions he shall abide by during the trial and the legal responsibilities he shall bear in violation of the provisions, and may object to the conditional non-prosecution decision and make a record attached.
Thirty-fourth juvenile criminal suspects in custody, after making a conditional decision not to prosecute, the people's procuratorate shall make a decision to release or change compulsory measures.
Article 35 If the public security organ considers that the decision of conditional non-prosecution is wrong and requests reconsideration, the juvenile criminal procuratorial organ of the people's procuratorate shall appoint another procurator to conduct examination, put forward examination opinions, and submit them to the chief procurator or the procuratorial committee for decision after examination by the department head.
The people's procuratorate shall make a reconsideration decision within 30 days after receiving the application for reconsideration and notify the public security organ.
Article 36 The people's procuratorate at a higher level shall, after receiving the written opinion of the public security organ on the conditional decision not to prosecute, hand it over to the juvenile criminal procuratorial organ for handling. The criminal procuratorial organ for minors shall designate procuratorial personnel to carry out the examination, put forward the examination opinions, and submit them to the chief procurator or the procuratorial committee for decision after being examined by the department head.
The people's procuratorate at the next higher level shall make a decision within 30 days after receiving the review opinion, and make a review decision and send it to the public security organ and the people's procuratorate at the next lower level for review. If the conditional non-prosecution decision made by the people's procuratorate at a lower level is changed after examination, the conditional non-prosecution decision made by the people's procuratorate at a lower level shall be revoked and handed over to the people's procuratorate at a lower level for execution.
Article 37 If the victim refuses to accept the conditional non-prosecution decision and lodge a complaint within seven days after receiving the conditional non-prosecution decision, the juvenile criminal procuratorial organ of the people's procuratorate at the next higher level that made the conditional non-prosecution decision shall file a case for examination.
If the victim files a complaint with the people's procuratorate that has made the decision of conditional non-prosecution, the people's procuratorate that made the decision shall transfer the complaint materials together with the case file to the people's procuratorate at the next higher level for acceptance.
If the victim refuses to accept the conditional non-prosecution decision and files a complaint seven days after receiving the conditional non-prosecution decision, the juvenile criminal procuratorial organ of the people's procuratorate that made the conditional non-prosecution decision shall appoint another procurator to conduct an examination and decide whether to file a case for examination.
After examination, the juvenile criminal procuratorial organ shall put forward examination opinions and submit them to the procurator-general for decision.
The written decision of reexamination shall be delivered to the victim, the juvenile criminal suspect who conditionally refuses to prosecute and his legal representative, and the people's procuratorate that has made the decision of conditionally refusing to prosecute.
If the people's procuratorate at a higher level makes a decision to prosecute after reexamination, it shall revoke the conditional non-prosecution decision of the people's procuratorate at a lower level, and the people's procuratorate at a lower level shall initiate a public prosecution, and send a copy of the reexamination decision to the public security organ for examination and prosecution.
Thirty-eighth juvenile criminal suspects and their legal representatives have objections to the people's procuratorate's decision not to prosecute with conditions, and the people's procuratorate shall make a decision to prosecute.
Article 39 After a people's procuratorate makes a conditional decision not to prosecute, it shall report the conditional decision not to prosecute to the competent department of the people's procuratorate at a higher level for the record within ten days.
If the people's procuratorate at a higher level thinks that the decision of conditional non-prosecution made by the people's procuratorate at a lower level is improper, it shall promptly revoke the decision of conditional non-prosecution made by the people's procuratorate at a lower level, and the people's procuratorate at a lower level shall implement it.
Article 40 If a people's procuratorate decides not to prosecute with conditions, it shall determine the time limit for trial. The probation period is six months to one year, counting from the date when the people's procuratorate makes a conditional decision not to prosecute. The trial period is not included in the case review and prosecution period.
The length of the probation period should be commensurate with the seriousness of the crimes committed by juvenile criminal suspects, the magnitude of subjective malignancy and personal danger, their consistent performance and the conditions for receiving help and education. According to the performance of juvenile criminal suspects during the probation period, they can be shortened or extended appropriately within the statutory time limit.
Article 41 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.
Forty-second people's procuratorates may require juvenile criminal suspects who are conditionally not prosecuted to receive the following corrective education:
(a) to complete drug treatment, psychological counseling or other appropriate treatment measures;
(two) to provide public welfare labor to the community or public welfare organizations;
(3) It is forbidden to enter a specific place, meet with a specific person, communicate or engage in a specific activity;
(four) compensation for the loss of the victim, apology, etc. ;
(5) receiving relevant education;
(6) Abide by other prohibitive provisions, protect the safety of victims and prevent them from committing crimes again.
Article 43 During the probation period of conditional non-prosecution, the people's procuratorate shall supervise and inspect the juvenile criminal suspects with conditional non-prosecution. 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 people's procuratorate may, jointly with the guardians of juvenile criminal suspects, villagers' committees, residents' committees and the organizations for the protection of minors in their schools, units and places of residence, conduct regular inspection and education on juvenile criminal suspects and implement follow-up assistance and education.
Article 44 If a juvenile criminal suspect is approved to leave the city or county where he lives or move to another place, the people's procuratorate that has made a decision of conditional non-prosecution may request the people's procuratorate where he moved to assist in the investigation and inform the people's procuratorate that has made a decision of conditional non-prosecution of the investigation results.
Article 45 After the probation period of probation expires, the case-handling personnel shall make investigation opinions on conditional non-prosecution, and put forward opinions on whether to prosecute, which shall be reviewed by the department head and reported to the chief procurator for decision.
The people's procuratorate shall make a decision on whether to prosecute within the time limit for examination and prosecution.
If a conditional non-prosecution decision is made, the time limit for examination and prosecution shall be suspended from the date when the people's procuratorate makes the conditional non-prosecution decision, and resumed from the date when the trial period expires or the people's procuratorate makes the decision to revoke the conditional non-prosecution.
Article 46 If a juvenile criminal suspect who is conditionally not prosecuted has any of the following circumstances within the probation period, the people's procuratorate shall revoke the conditional decision not to prosecute and initiate a public prosecution:
(1) Having committed a new crime;
(2) Deciding not to prosecute conditionally after discovering other crimes that need to be prosecuted;
(three) violation of public security regulations, resulting in serious consequences, or repeated violations of public security regulations;
(4) Violating the supervision and administration regulations on conditional non-prosecution of procuratorial organs, causing serious consequences, or repeatedly violating the supervision and administration regulations on conditional non-prosecution of procuratorial organs.
Article 47 If a juvenile criminal suspect commits a new crime or has other crimes to be prosecuted within the probation period before deciding not to prosecute conditionally, the people's procuratorate shall transfer them to the investigation organ for investigation.
Article 48 If a juvenile criminal suspect who is conditionally not prosecuted does not meet the circumstances stipulated in Article 46 of these Provisions within the probation period, the people's procuratorate shall make a decision not to prosecute after the probation period expires.
Forty-ninth conditional non-prosecution cases, within six months after the announcement of the decision not to prosecute, the case-handling personnel can pay a return visit to the minors who have not been prosecuted, consolidate the effect of helping and educating, and make relevant records.
Article 50 If a people's procuratorate decides not to prosecute in accordance with the provisions of the second paragraph of Article 173 of the Criminal Procedure Law, and does not prosecute after the expiration of the conditional non-prosecution test, it shall fully explain the reasons and legal basis for not prosecuting minors when announcing the decision to not prosecute them and their legal representatives, and carry out activities aimed at not prosecuting minors in combination with social investigations, focusing on the harm caused by criminal acts to victims, themselves, families and society, the causes of criminal acts and the lessons to be learned. If the participation of investigators, suitable adults, defenders and social workers is conducive to the education of non-prosecuted minors, they can be invited to participate with the consent of non-prosecuted minors and their legal representatives, but the scope of participants should be strictly controlled.
For juvenile criminal suspects who are clear about the facts of the crime, but do not prosecute because they have not reached the age of criminal responsibility and the evidence of their age is doubtful, an educational ceremony of declaring not to prosecute shall be held with reference to the above provisions.
Section IV, Initiating Public Prosecution
Article 51 When examining cases of joint crimes committed by minors and adults, people's procuratorates shall generally prosecute minors and adults separately. However, in any of the following circumstances, a separate prosecution may be instituted:
(1) Minors are organizers of criminal groups or principals of other crimes;
(2) The case is serious, difficult and complicated, and prosecution by case may hinder the trial of the case;
(3) Involving a criminal incidental civil action, and the partial trial of the incidental civil action is hindered by the divisional prosecution;
(four) there are other circumstances that are not suitable for separate prosecution.
It is more appropriate for minors and adults who file lawsuits in the same people's court separately to be handled jointly by juvenile criminal procuratorial organs. Upon the decision of the procurator-general, it may be handled jointly by juvenile criminal procuratorial organs.
Minors and adults prosecuted separately for the same crime are handled by different institutions, so they should know each other's case and pay attention to the sentencing balance of the whole case when making sentencing suggestions.
Article 52 Cases of minors and adults prosecuted by cases shall generally be transferred to the people's courts at the same time. If supplementary investigation is needed, if the supplementary investigation matters do not involve the criminal facts in which the juvenile criminal suspect participated and do not affect the prosecution of the juvenile criminal suspect, the juvenile criminal suspect shall be prosecuted first.
Article 53 In the process of examining and prosecuting cases in which minors and adults commit the same crime respectively, a conclusion report can be made according to the whole case, and an indictment and a court appearance plan can be made respectively.
Article 54 If it is not appropriate for the people's procuratorate to prosecute minors and adults separately for the same crime during the trial, it may suggest that the people's courts combine the trials.
Article 55 In criminal cases of minors that meet the conditions for summary trial, the people's procuratorate shall put forward suggestions for summary trial to the people's court when initiating public prosecution.
Article 56 In criminal cases where minors are prosecuted, the following preparations should be made in court:
(a) to master the psychological state of the juvenile defendant, educate him to accept the trial, and interrogate the defendant again when necessary;
(2) Exchange views with the legal representatives, suitable adults and defenders of juvenile defendants, and do a good job in education and probation;
(3) Be more familiar with the case, thoroughly study the relevant legal and policy issues in this case, and draw up the outline of interrogation, the outline of asking the victims, witnesses and experts, the outline of proof, the outline of defense, the opinions of public prosecution and the written materials of legal education for juvenile defendants according to the nature of the case and the social investigation.
Article 57 When a public prosecutor attends a juvenile criminal court, he shall abide by the requirements of the Code of Conduct for Public Prosecutors Appearing in Court, speak in a mild tone and pay attention to using civilized, accurate and easy-to-understand language.
Prosecutors generally do not invite underage witnesses and victims to testify in court. If it is really necessary to testify in court, the people's court shall be advised to take corresponding protective measures.
Article 58 In the course of court trial, public prosecutors should pay attention to the physical and mental characteristics of minors in interrogation, inquiry and debate activities. If the juvenile defendant is seriously unstable and it is not appropriate to continue the trial, the public prosecutor may suggest that the court adjourn.
Article 59 For a juvenile defendant who can be sentenced to criminal detention or fixed-term imprisonment of not more than three years according to law under any of the following circumstances, shows remorse, declares that probation has no significant adverse effects on his community, has effective guardianship conditions or social assistance and education measures, and the application of probation does not really harm the society, the people's procuratorate shall recommend that the people's court apply probation:
(a) the circumstances of the crime are relatively minor and have not caused serious consequences;
(2) Being a first-time offender or an accomplice under duress, with little subjective malignancy;
(3) The victim agrees to a settlement or the victim is obviously at fault;
(4) Other circumstances in which probation can be applied.
It is suggested that probation be announced according to the crime situation, and it is also suggested that juvenile defendants be prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during probation.
If the people's procuratorate applies probation to the juvenile defendant, it shall transfer the written materials that the juvenile defendant can obtain effective guardianship and help education to the people's court before the judgment.
Article 60 While charging a crime according to law, a public prosecutor should analyze the causes and social harmfulness of juvenile defendants, conduct legal education in time, and urge them to reflect deeply and learn lessons.
Article 61 The relevant provisions of this section shall apply to the people's procuratorate sending personnel to attend the court of second instance of juvenile criminal cases.
Article 62 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, the people's procuratorate shall seal up the criminal record after receiving the effective judgment of the people's court.
For cases of second instance, when the people's procuratorate at a higher level seals up the criminal records, it shall notify the people's procuratorate at a lower level to seal up the relevant criminal records.
Article 63 The people's procuratorate shall bind the juvenile criminal records, files and other relevant materials that should be sealed up into a book, keep them encrypted, and shall not disclose them, and establish special juvenile criminal files and implement a strict storage system.
Article 64 A people's procuratorate shall not provide any unit or individual with a sealed criminal record, nor shall it provide proof that minors have a criminal record, unless it is necessary for the judicial organs to handle cases or the relevant units make inquiries in accordance with state regulations.
If a judicial organ or relevant unit needs to inquire about criminal records, it shall submit a written application to the people's procuratorate that sealed the criminal records, and the people's procuratorate shall make a decision on whether or not to grant permission within seven days.
Article 65 A minor whose criminal record has been sealed shall be released if he meets one of the following conditions:
(a) the implementation of a new crime, and the new crime and the crime of sealing records combined punishment, decided to execute the penalty of more than five years in prison;
(2) Confirming the crime of omission, combining the crime of omission with the crime of sealing the record, and deciding to execute the penalty of fixed-term imprisonment of more than five years.
Article 66 After a people's procuratorate decides not to prosecute a juvenile criminal suspect, it shall seal up the relevant records. The specific procedures shall be handled with reference to the provisions of Articles 62 to 65 of these Provisions.