What are the protective restraint measures in the criminal procedure law?
Part V of the Revised Draft of the Criminal Procedure Law: Special Procedures (Added) Chapter I Litigation Procedures for Juvenile Delinquency Cases Article 263 The principle of education, probation and salvation shall be applied to juvenile delinquents, and the principle of giving priority to education and supplementing punishment shall be adhered to. 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 conducted by judges, prosecutors and investigators who are familiar with the physical and mental characteristics of minors. Article 264 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 265 The application of arrest measures to juvenile criminal suspects and defendants shall be strictly restricted. When the people's court decides to arrest and the people's procuratorate examines and approves the arrest, it shall interrogate the juvenile criminal suspect or defendant. Minors and adults who are detained, arrested or punished shall be held separately, managed separately and educated separately. Article 266 When interrogating and trying a juvenile criminal case, the legal representatives of the criminal suspect and the defendant shall be notified to be present. Unable to notify, the legal representative can't be present, or the legal representative commits * * *, you can also notify the criminal suspect, other adult close relatives of the defendant, and the representatives of the villagers' committee, residents' committee and minors' protection organization at your school, unit or place of residence to be present, and indicate the relevant situation in the interrogation record. The legal representative present may exercise the litigation rights of 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 267 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. 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. 268th within the probation period of conditional non-prosecution, the people's procuratorate shall supervise and inspect the criminal suspect who is conditional non-prosecution. The guardian of a criminal suspect shall strengthen the discipline of the criminal suspect and cooperate with the people's procuratorate 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 criminal suspect who conditionally refuses to prosecute shall abide by the following provisions: (1) Abide by laws and administrative 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 receive education and correction according to the requirements of the inspection organ. Article 269 If a criminal suspect who is conditionally not prosecuted finds any of the following circumstances within the probation period of probation, the people's procuratorate shall revoke the conditional non-prosecution decision and initiate a public prosecution: (1) Before the conditional non-prosecution decision is made, he commits a new crime or finds that other crimes 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 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 270 A case in which the defendant is under the age of 18 at the time of trial shall not be heard in public. Article 271 In court investigation, the people's court shall know about the growth experience, criminal reasons and educational reform of juvenile defendants. Article 272 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 judicial organs and relevant departments shall seal up the criminal record. If the criminal record is sealed, it shall not be provided to any unit or individual, except that the judicial organ needs to handle the case or the relevant unit makes inquiries according to laws and regulations. Units that inquire according to law shall keep the sealed criminal records confidential. Article 273 Cases of juvenile delinquency shall be handled in accordance with other provisions of this Law, except those already provided for in this Chapter. Chapter II Proceedings of Public Prosecution Cases in which Parties Settle Article 274 In the following public prosecution cases, if a criminal suspect or defendant repents voluntarily and sincerely and gains the victim's understanding by means of compensation for losses or apology, the two parties may reach a settlement agreement: (1) If a civil dispute arises and he is suspected of a criminal case stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, he may be sentenced to fixed-term imprisonment of not more than three years; (two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years. If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply. Article 275 If both parties reach a settlement by themselves, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement agreement, and preside over the production of the settlement agreement. Article 276 The public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may treat the defendant leniently according to law. Chapter III Procedure for Confiscation of Illegal Income from Cases of Criminal Suspects and Defendants Escaping or Death Article 277 If a criminal suspect or defendant is at large, or if a criminal suspect or defendant dies, his illegal income and other property involved should be recovered according to the provisions of the Criminal Law, the people's procuratorate may apply to the people's court for confiscation of illegal income. The application for confiscation of illegal income shall specify the type, quantity and place of confiscation of illegal income, as well as the property sealed up, detained or frozen, and attach relevant evidential materials. When necessary, the people's court may seal up, detain or freeze the property that has been applied for confiscation. Article 278 An application for confiscation of illegal gains and other property involved shall be tried by a collegiate bench of the intermediate people's court in the place where the crime was committed or where the criminal suspect or defendant lived. After accepting the application for confiscation of illegal income, the people's court shall make an announcement. The announcement period is six months. The people's court shall hear the application for confiscation of illegal income after the expiration of the announcement. The criminal suspect, the close relatives of the defendant and other interested parties have the right to apply to participate in the litigation, or they may entrust an agent ad litem to participate in the litigation. If an interested party disagrees with the application for confiscation of illegal income, the people's court shall hold a hearing. Article 279 After hearing the case, the people's court shall make a ruling to confiscate the property that has been verified as illegal income, except for returning it to the victim according to law. If it cannot be recognized as illegal income, it shall be ruled to lift the measures of sealing up, distraining and freezing. An appeal or protest may be lodged against the ruling made by the people's court in accordance with the provisions of the preceding paragraph. Article 280 In the course of a court trial, if a fugitive criminal suspect or defendant surrenders or is arrested, the people's court shall terminate the trial. If there is any mistake in confiscating the property of a criminal suspect or defendant, it shall be returned. Chapter iv compulsory medical procedures for mental patients who commit violent acts article 281 if a mental patient commits violent acts that endanger public security or cause death or serious injury, and it is confirmed by legal procedures that he will not be criminally responsible according to law, and may continue to endanger society, the people's court may decide compulsory medical treatment. Article 282 The people's procuratorate shall apply to the people's court for compulsory medical treatment for mental patients who commit violent acts. When trying a case, the people's court shall form a collegial panel, and may make a decision on compulsory medical treatment if the applicant meets the requirements for compulsory medical treatment. In the course of hearing a case, the people's court may directly make a decision on compulsory medical treatment if it finds that the defendant meets the conditions for compulsory medical treatment. When trying a compulsory medical case, the people's court shall notify the legal representative of the respondent or the defendant to be present. Before deciding on compulsory medical treatment, the people's court may take protective and restrictive measures against the respondent or defendant. Article 283 Compulsory medical institutions shall regularly diagnose and evaluate people who have been subjected to compulsory medical treatment. For those who are no longer in personal danger and do not need to continue compulsory medical treatment, they shall promptly put forward opinions on dissolution and report them to the people's court that decided on compulsory medical treatment for approval. People who have been subjected to compulsory medical treatment and their close relatives have the right to apply for lifting compulsory medical treatment. Article 284 The People's Procuratorate shall supervise whether the law enforcement activities of compulsory medical institutions are lawful. q