China has always adhered to the policy of education, probation and salvation for minors who commit crimes, and adhered to the principle of giving priority to education, supplemented by punishment. In this regard, China's criminal law clearly stipulates that as long as the person is under the age of 18 at the time of committing the crime, the death penalty cannot be applied, which is for the sake of protecting the rights and interests of minors. Because minors have limited knowledge, they can't well understand the harmfulness of their actions, and it is much easier to reform than adults. The country gave them a chance to turn over a new leaf.
Article 49 of the Criminal Law of People's Republic of China (PRC) * * * People under the age of 18 at the time of committing the crime and women who were pregnant at the time of trial shall not be subject to the death penalty.
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The policy of "education, probation and salvation" means that when minors are investigated for criminal responsibility according to law, they must focus on education, probation and salvation, and through education, probation and increasing the concept of the legal system, they will understand their mistakes, turn over a new leaf and return to society. The principle of "education first, supplemented by punishment" mainly means that when dealing with the relationship between education and punishment, education should be the main purpose, not punishment, and punishment is also a means of education, which is subordinate to the purpose of education, probation and salvation.
This requires that in the process of handling juvenile criminal cases, we should not only find out the criminal facts, ensure the correct application of the law and protect their legal rights, but also carry out targeted legal education according to the causes of the crime, so as to correct their criminal psychology and bad behavior habits and promote their rehabilitation and reintegration into society.
To carry out the policy of education, probation and salvation in criminal proceedings, we need to pay attention to the following issues:
First, the above guiding ideology and principles are not only embodied in criminal trial and penalty execution, but also should run through the whole process of criminal proceedings. For example, in the investigation stage, the public security organs should separate detained minors from adults. The investigation and pre-trial of juvenile criminal cases shall be conducted by specialized case-handling personnel or personnel who handle juvenile criminal cases centrally.
For juvenile criminal suspects, patient and meticulous education should be carried out during interrogation; Pay attention to understand the motives and reasons of juvenile delinquency. In the stage of public prosecution, procuratorial organs should strengthen contact with relevant departments, fully understand the case, and make a conditional decision not to prosecute qualified juvenile offenders. People's procuratorates should also strengthen supervision over investigation activities, judicial activities and juvenile prisons, ensure the accurate implementation of laws and safeguard the legitimate rights and interests of minors.
Second, adhere to the principles of education, persuasion and salvation, and correctly handle the relationship between punishment and education. Educating, reforming and saving minors who commit crimes does not mean conniving at and not punishing their criminal acts. We should treat juvenile offenders and adult offenders differently and give them as many opportunities as possible to turn over a new leaf, but at the same time, we should prevent the wrong practice of blindly mitigating punishment or even not punishing juvenile offenders. For those juvenile offenders who seriously endanger society and are subjectively vicious, they should be given necessary punishment within the principles and scope stipulated by law in order to play the educational function of punishment.
China People's Congress Network-People's Republic of China (PRC) and China Criminal Law
China National People's Congress Network-Chapter I Criminal Proceedings of Minors.
China Court Network-Can Minors Be Executed?