1, investigation and filing.
The investigation organ accepts the report of the informant or the accuser, or the investigation organ discovers the criminal clue and files a case for investigation on its own.
2. Transfer for review and prosecution.
After the investigation is completed, the investigation organ thinks that the suspect is suspected of committing a crime, and files a public prosecution with the people's procuratorate, and submits a prosecution opinion with the evidence of the whole case.
3. bring a public prosecution.
After examining the cases transferred for prosecution by the investigation organ, the procuratorial organ shall initiate a public prosecution in the people's court in cases with sufficient evidence. Cases with insufficient evidence shall be returned for supplementary investigation.
4. Court trial.
The people's court accepts the case prosecuted by the procuratorate, organizes the prosecution and the defense to cross-examine and debate the evidence, listens to the defendant's statement, and makes a verdict of guilt or innocence based on the evidence of the whole case.
5. implementation.
A guilty criminal judgment shall be handed over to the executing organ for execution after the judgment takes effect. Enforcement agencies include prisons, detention centers, community and judicial offices.
The criteria for filing the crime of child molestation are as follows:
1, molesting children more than twice or molesting children more than twice in a year;
2. Forcibly molesting children by means of violence, coercion or threat;
3. Child molestation causes slight or more harm to the victim;
4, child molestation caused other serious consequences;
5, serious damage to children's mental health, leading to the victim's close relatives mental disorders or suicide.
The sentencing standards for the crime of molesting minors are as follows:
1. The perpetrator who commits the crime of compulsory indecency is generally sentenced to fixed-term imprisonment of not more than five years or criminal detention;
2. If the perpetrator gathers people to commit obscene crimes or has other bad circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years;
3. Whoever molests others in public places, or has other bad circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
What are the constitutive elements of indecency?
1. Subject elements: general subject, which can be composed of any natural person who has reached the age of criminal responsibility and has criminal responsibility ability;
2. Subjective elements: intentionally, usually showing a tendency to stimulate or satisfy the sexual desire of the actor or the second person, but without the purpose of forcing adultery;
3. Object elements: the legal protection against the shame of natural humanity;
4. Objective elements: force others to molest and insult women by violence, coercion or other means.
To sum up, it is Bian Xiao's relevant answer to the process of child molestation conviction, hoping to help you.
Legal basis:
Article 237 of the Criminal Law of People's Republic of China (PRC)
Crime of Coercive Indecency and Insult Whoever forcibly indecences others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever affrays in a public place or commits the crime mentioned in the preceding paragraph, or has other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
The crime of molesting children shall be sentenced to fixed-term imprisonment of not more than five years; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years:
(a) repeatedly molesting children;
(2) Gathering people to molest children, or molesting children in public places, if the circumstances are bad;
(3) Causing injuries to children or other serious consequences;
(four) the means are obscene or there are other bad circumstances.