According to China's criminal law, a minor refers to a person who has reached the age of 14 and is under the age of 18. Juvenile delinquency is an act that endangers society and violates the criminal law, and should be punished. The procedure applicable to investigating the criminal responsibility of minors is the juvenile criminal procedure.
There is no special legislation on criminal procedure of juvenile delinquency in China, but it is scattered in relevant chapters of the Criminal Procedure Law. Juvenile delinquency is not tried in public; Minors under the age of 65-438+08 can be informed that their legal representatives are present at the trial and trial; The legal representative of a minor has an independent right of appeal against the judgment or ruling of first instance; If a minor fails to entrust a defender during the trial, he shall appoint a defender for him. In addition to the relevant provisions of the Criminal Procedure Law 199 1 Law on the Protection of Minors 1999 Law on the Prevention of Juvenile Delinquency/Provisions of the Supreme People's Court on the Trial of Juvenile Criminal Cases in April 20061Supplementary Work on Handling Juvenile Criminal Cases was established in June 1965438,
While the criminal procedure of juvenile delinquency is legislated, the judicial practice of dealing with juvenile delinquency with special procedures is also developing. Since the first juvenile court was established in Changning District Court in 1984, more than 2,500 juvenile courts have been established in China, and the the Supreme People's Court and the higher people's courts have set up guidance groups for juvenile courts. At present, more than 7,500 judges are engaged in juvenile justice, and more than 9,000 people's jurors have been invited. A juvenile criminal justice system with China characteristics was initially established, and the work of correcting, reducing and preventing juvenile delinquency was strengthened by combining education with trial and punishment. According to the Supreme People's Court's "Several Provisions on the Trial of Juvenile Criminal Cases", the scope of accepting cases by juvenile courts includes:
(1) The defendant was under the age of 18 when he committed the crime;
(2) The defendant was under the age of 18 when he committed the alleged crime and was accused of being the ringleader or principal offender; And other criminal cases involving juvenile defendants or other criminal cases involving minors shall be decided by the president of our hospital according to the actual situation of juvenile court work.