What is the procedure of protecting minors in the Criminal Procedure Law? 1. What are the procedures for protecting minors in the Criminal Procedure Law? Article 266 The principle of education, probat

What is the procedure of protecting minors in the Criminal Procedure Law? 1. What are the procedures for protecting minors in the Criminal Procedure Law? Article 266 The principle of education, probation and salvation shall be applied to minors who commit crimes, and the principle of giving priority to education and supplementing punishment shall be adhered to. When handling juvenile criminal cases, 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 undertaken by judges, prosecutors and investigators who are familiar with the physical and mental characteristics of minors. Interpretation: In handling juvenile cases, we should put the interests of minors first, take "maximizing the rights and interests of minors" as the starting point, and focus on education, probation and salvation, so that they can return to society smoothly and healthily. This reflects China's concern for minors and provides a clear guiding ideology for handling juvenile criminal cases. The new criminal procedure law clearly stipulates the principles of "education, probation and salvation" and "education first and punishment second" for juvenile crimes, which is determined by the particularity of juvenile cases. The motive of juvenile delinquency is relatively simple, and the criminal behavior is very blind and random. Many of them are due to weak will or emotional impulse, and the subjective malignancy is not deep. In addition, the intelligence and physical and mental development of teenagers are not yet mature, and they have great plasticity in re-understanding external things and self-evaluation of their inner world. Juvenile delinquency, in a sense, is more the responsibility of schools, families and society. In a sense, minors themselves are victims. At the same time, compared with adults, minors lack social experience, have relatively insufficient understanding of the law, and their own awareness of protection and defense ability is weak, so their weak position in litigation is very obvious. This also determines that it needs more care and protection in litigation. Clearly stipulate that "the case-handling personnel are professional. We should set up specialized institutions or relatively stable specialized personnel to handle juvenile cases, implement the policy of "education, probation and salvation" and the principle of "education first and punishment second" for criminal minors, and require case handlers to be familiar with the characteristics of minors, be good at juvenile education and have certain professional qualities. This requirement is in line with United Nations judicial standards. Article 267 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. Interpretation; It is clearly stipulated that juvenile criminal suspects and defendants should be given compulsory defense. Due to the limitation of minors' age and intellectual development, it is usually difficult to understand the essence of the argument between the prosecution and the defense, and they do not know how to exercise their litigation rights. With the participation of defenders, we can provide them with the legal help they need in time and effectively protect their legitimate rights and interests. As long as juvenile suspects and defendants do not entrust defenders, public security and judicial organs must notify legal aid institutions to appoint lawyers to defend them. Article 268 When handling juvenile criminal cases, public security organs, people's procuratorates and people's courts may, according to the circumstances, investigate the growth experience, causes of crimes and guardianship education of juvenile suspects and defendants. Interpretation; In handling juvenile criminal cases, we should comprehensively consider the motivation and purpose of juvenile crime, the nature, circumstances and degree of social harm of the crime, as well as whether it is the first offense, whether it repents after being brought to justice, growth experience, consistent performance and conditions of guardianship and education. This provision is also required by the United Nations criminal justice standards. Social investigation can not only educate and save minors who commit crimes, but also urge them to confess and repent. The social investigation report is also the basis for the investigation organ to take bail pending trial, the procuratorial organ to decide to arrest and prosecute, the court to convict and sentence, the penalty execution and community correction. Article 269 The application of arrest measures to juvenile criminal suspects and defendants is strictly restricted. When the people's procuratorate examines and approves the arrest and the people's court decides to arrest, it shall interrogate the juvenile criminal suspect and defendant and listen to the opinions of the defense lawyer. Minors and adults who are detained, arrested or punished shall be held separately, managed separately and educated separately. Interpretation: "Strictly restricting the application of arrest measures" means that juvenile suspects and defendants try not to apply arrest measures, those who can be arrested are not arrested, and those who cannot be arrested are not arrested. "When interrogating juvenile criminal suspects and defendants, we should listen to the opinions of defense lawyers" is a mandatory provision, which means that when the people's procuratorate examines and approves the arrest and the people's court decides to arrest, we should not only interrogate the criminal suspects and defendants, but also listen to the opinions of their defense lawyers. The reason why we should listen to lawyers' opinions is that lawyers, as professionally trained personnel, have a better understanding of the relevant facts of juvenile cases, which is more meaningful for taking non-custodial measures. The new criminal procedure law stipulates that criminal suspects and defendants should be strictly arrested and treated separately from adults, which reflects the special protection for minors and helps to reduce the disadvantages brought by detention and make minors return to society smoothly. Minors and adults who are detained, arrested and punished should be held separately, managed separately and educated separately, which is the requirement of the principle of case handling. It should be emphasized that the principle of case handling should not only be the principle that the case-handling organ should abide by when taking measures of detention and arrest, but should be a principled provision throughout criminal proceedings. Article 27 When interrogating and trying criminal cases of minors, the legal representatives of juvenile criminal suspects and defendants shall be notified to be present. If it is impossible to notify, the legal representative cannot be present, or the legal representative commits a crime of * * *, other adult relatives of the juvenile suspect or defendant, and representatives of the school, unit, grass-roots organization or minor protection organization in the place of residence can also be notified to be present, and relevant information can be recorded. The legal representative present may exercise the litigation rights of juvenile 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. Interpretation; The new criminal procedure law changed the original "can be notified" to "should be notified", which expanded the scope of people present. It should be noted that "notice can also be given" here means that when interrogating or hearing minor cases, the legal representative should be notified to be present first, and when the legal representative cannot be present, other suitable adults should be notified to be present. " You can also inform that "it is not an authorized norm, but mandatory." Establishing an appropriate adult presence system can not only help minors communicate with interrogators, but also monitor whether the interrogation process is legal and appropriate according to the second paragraph of Article 27 of the new Criminal Procedure Law, and protect the legitimate rights and interests of minors from infringement. It should be pointed out that according to the fifth paragraph of Article 27 of the new Criminal Procedure Law, if the victim and witness are minors, their legal representatives should also be notified to be present for questioning. If the legal representatives cannot be present, appropriate adults should be notified to be present. With the development of society, the frequency of juvenile delinquency is increasing. Due to lack of legal knowledge, there will be many misunderstandings in law. Many people will ask what is the procedure of protecting minors in the Criminal Procedure Law? This paper lists many legal provisions, which will be answered from the legal point of view. The law has clear provisions on juvenile delinquency.