? Some opinions on further establishing and perfecting the supporting work system for handling juvenile criminal cases. The Central Committee for Comprehensive Management, the Supreme Law, the Supreme Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the Central Leading Group for the Prevention of Juvenile Delinquency of the Communist Youth League.
? (No.[20 10] 1 of IMIS)
In order to further implement the policy of "education, probation and salvation" and the principle of "education first, punishment second", we will implement the Law on the Protection of Minors in People's Republic of China (PRC), the Law on the Prevention of Juvenile Delinquency in People's Republic of China (PRC) and the criminal policy of "tempering justice with mercy", improve the judicial system of minors in China, and further establish and improve the treatment of minors.
First, further establish, consolidate and improve specialized institutions for handling juvenile criminal cases.
Establishing and perfecting specialized institutions for handling juvenile criminal cases is an important guarantee for judicial protection of minors and prevention, correction and reduction of juvenile delinquency. Public security organs, people's procuratorates, people's courts and judicial administrative organs at all levels should pay full attention to strengthening the construction of specialized institutions and specialized teams for handling juvenile criminal cases.
1. The Ministry of Public Security and the provincial and municipal public security organs shall designate corresponding institutions to be responsible for guiding and handling juvenile criminal cases. Public security organs at the county level should generally set up special groups in police stations and criminal investigation departments to handle juvenile criminal cases. If the number of juvenile criminal cases is small, a special person may be appointed to handle them.
2. the Supreme People's Procuratorate and provincial people's procuratorates shall set up special institutions to guide the handling of juvenile criminal cases. The people's procuratorates at the prefecture and city levels and the people's procuratorates at the district and county levels shall generally set up specialized agencies or groups to handle juvenile criminal cases. Do not meet the conditions, shall designate a person to handle.
3. the Supreme People's Court and the Higher People's Court shall set up juvenile court offices. Intermediate people's courts and grass-roots people's courts should generally set up special institutions to hear juvenile criminal cases. Do not meet the conditions, shall designate a person to handle.
4. The Ministry of Justice and the provincial judicial administrative organs should strengthen their guidance on handling juvenile criminal cases and set up relevant work guidance groups. The legal aid institutions affiliated to the judicial administrative organs at the prefecture and county levels shall set up legal aid departments for minors, which shall be responsible for organizing and handling legal aid affairs for minors. Do not meet the conditions, shall designate a person to handle. The community correction department of the judicial administrative organ shall generally set up a special group or designate a person to be responsible for the community correction of minors.
5. Public security organs, people's procuratorates, people's courts and judicial administrative organs at all levels should select personnel who are familiar with the characteristics of minors, have knowledge of criminology, sociology, psychology and pedagogy, and have good political and professional qualities to handle juvenile criminal cases, and pay attention to improving the professional level of relevant personnel through strengthening training and guidance. Specialized personnel handling juvenile criminal cases shall be assessed with performance indicators different from those handling adult criminal cases according to specific work contents.
6. In areas where conditions permit, specialized agencies handling juvenile criminal cases may handle criminal cases in which the victim is a minor according to actual conditions.
Two, to further strengthen the protection of the legitimate rights and interests of minors involved.
In handling juvenile criminal cases, strengthening the protection of minors involved is an objective requirement for safeguarding human rights and realizing judicial justice, and it is also the need to ensure the smooth progress of criminal proceedings. Public security organs, people's procuratorates, people's courts and judicial administrative organs at all levels shall actively take effective measures to respect and safeguard the legitimate rights and interests of minors in criminal cases.
(a) to protect the legitimate rights and interests of juvenile criminal suspects, defendants and criminals.
1. Handling criminal cases of minors should be conducted in a way that is most beneficial to minors and most suitable for their physical and mental characteristics under the premise of not violating the law, and fully protect their legitimate rights and interests.
2. In the process of handling juvenile criminal cases, we should pay attention to protecting their reputation and respecting their personal dignity. News reports, film and television programs, public publications, Internet, etc. No information that may be inferred, such as minors' names, residences, photos and images, shall be disclosed or disseminated.
In violation of the provisions of the unit, radio and television management and press and publication departments shall put forward opinions and make corresponding treatment.
3. Handling criminal cases of minors should be handled as soon as possible under the premise of handling cases in accordance with legal procedures and ensuring the quality of handling cases, so as to reduce the adverse effects of criminal proceedings on minors.
4. Cases in which minors and adults jointly commit crimes shall generally be prosecuted and tried separately; Due to special circumstances, it is not appropriate to deal with them separately, and appropriate protective measures should be taken for minors.
5. When interrogating a juvenile criminal suspect or defendant or hearing a juvenile criminal suspect or defendant, the legal representative shall be notified to be present. After verifying the identity, the detention center shall allow the legal representative and the case handlers to enter the interrogation place together.
After compulsory measures such as detention and arrest are taken against minors, their legal representatives or family members shall be notified within 24 hours, except for cases that hinder investigation or cannot be notified.
If the legal representative is unable or inappropriate to be present, he may, with the consent of the juvenile criminal suspect or defendant or according to his wishes, notify other close relatives, friends, social workers, teachers, lawyers and other suitable adults to be present. When interrogating juvenile criminal suspects and defendants, a detailed interrogation outline should be formulated according to the characteristics of minors and the circumstances of the case, and the interrogation language should be accurate and easy to understand. During interrogation, they should be informed of their litigation rights in accordance with the law, truthfully confess the legal provisions and significance of the facts of the case, verify whether they have surrendered themselves, made meritorious deeds, exposed and other circumstances, and listen to their guilty confessions or excuses of innocence and light crimes. Interrogation of female juvenile criminal suspects and defendants shall be conducted by female case handlers or attended by female case handlers. Interrogation of juvenile criminal suspects and defendants is generally not allowed to use restraint tools. If there is real personal danger, it is necessary to use restraint tools, which should be stopped immediately after the actual danger is eliminated.
6. In handling juvenile criminal cases, we should pay attention to the opinions of minors themselves, legal representatives, defenders, victims and other relevant personnel in combination with social investigation on the background of juvenile criminal suspects. Attention should be paid to whether juvenile criminal suspects and defendants are coerced, whether adults instigate crimes, teach criminal methods or use minors to commit crimes.
7. In handling juvenile criminal cases, public security organs should give priority to applying non-custodial compulsory measures to minors and strengthen effective supervision; Use custodial coercive measures with caution in accordance with the law, and strictly follow the applicable conditions for adults. In handling juvenile criminal cases, the detention rate, arrest rate and prosecution rate are not used as work assessment indicators.
Minors under supervision shall be detained and managed separately from adults, and detention centers with conditions may set up areas for minors. Conditional detention centers can distinguish the seriousness and types of suspected crimes committed by detained minors, and hold them separately.
If the public security organs, people's procuratorates and people's courts obey the management of juvenile criminal suspects and defendants and change the compulsory measures according to law to avoid social danger and ensure the normal proceedings, they shall change the compulsory measures in time; The detention center shall request the relevant case-handling departments to handle other non-custodial compulsory measures.
When interrogating a juvenile criminal suspect for the first time or taking compulsory measures, the public security organ shall inform the juvenile and his legal representative of their litigation rights and obligations, inform them of their right to entrust a defender, and inform them of their financial difficulties that they can apply for legal aid from a legal aid institution and provide procedural guarantee.
8. When handling juvenile criminal cases, people's procuratorates shall interrogate juvenile criminal suspects, and insist on making fewer arrests and prosecuting cautiously according to law. For criminal cases of minors that must be prosecuted, if it is found that the juvenile defendant has a statutory lighter, mitigated plot and penitent performance, it shall put forward suggestions for lighter or mitigated punishment; Those who meet the conditions of probation prescribed by law shall clearly put forward sentencing suggestions for probation. Handling juvenile criminal cases is not based on the rate of arrest and prosecution.
At the stage of examination and approval of arrest and examination and prosecution, the people's procuratorate shall inform juvenile criminal suspects and their legal representatives of their litigation rights and obligations, inform them of their right to entrust defenders, and inform them of their financial difficulties that they can apply for legal aid from legal aid institutions and provide procedural guarantees.
The people's procuratorate shall strengthen the legal supervision over the investigation, trial, supervision and execution of juvenile criminal cases, establish a long-term supervision mechanism, and effectively prevent and correct illegal handling of cases and violations of the legitimate rights and interests of minors.
9. If a juvenile criminal suspect and his legal representative entrust a defender, but they are not entrusted due to financial difficulties or other reasons, the public security organ and the people's procuratorate shall provide assistance for their application for legal aid according to law.
If a minor defendant under the age of 18 fails to entrust a defender during the trial, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him.
10. All criminal cases of minors under the age of 16 at the time of trial shall not be heard in public. Criminal cases of minors who have reached the age of 16 and under 18 at the time of trial are generally not heard in public; If it is really necessary to hold a public hearing, it must be approved by the president of the people's court at the corresponding level, and the number and scope of the audience should be appropriately limited.
1 1. Detention centers, juvenile correctional institutions and community correction departments of judicial administrative organs should understand the physical and mental characteristics of minors serving sentences, strengthen psychological counseling, carry out activities beneficial to the physical and mental health of minors, carry out personalized education and correction, and appropriately relax the application conditions for commutation and parole according to adults.
12. Legal aid institutions should give priority to the examination of legal aid applications of juvenile criminal suspects, defendants and their legal representatives; Those who meet the requirements after examination shall be provided with legal aid. If the people's court appoints a defense for a minor defendant, the legal aid institution shall provide legal aid.
(two) to protect the legitimate rights and interests of juvenile victims and witnesses.
1. When handling juvenile criminal cases, attention should be paid to protecting the legitimate rights and interests of juvenile victims, and psychological counseling and self-protection education should be given to them.
2. In handling juvenile criminal cases, attention should be paid to protecting the reputation of juvenile victims and respecting their personal dignity. News reports, film and television programs, public publications, Internet, etc. The name, domicile, photos and images of the minor victim and information that may infer the minor shall not be disclosed or disseminated.
In violation of the provisions of the unit, radio and television management and press and publication departments shall put forward opinions and make corresponding treatment.
3. When interrogating minor victims and witnesses, especially victims of sexual crimes, we should choose a place that is beneficial to minors according to law, adopt a gentle interrogation method, and notify the legal representative to be present.
Inquiries about victims of sexual crimes should generally be conducted by female case handlers or in the presence of female case handlers.
If the legal representative cannot or should not be present at the scene, the adult concerned may be notified to be present with the consent of the minor victim or witness or according to his wishes. Attention should be paid to avoid the possible adverse effects on their body and mind due to improper inquiry methods.
4. When handling juvenile criminal cases, the juvenile victims and their legal representatives shall be informed of their litigation rights and obligations and the way to participate in the litigation. In addition to the circumstances that hinder the handling of the case, the juvenile victim and his legal representative shall be informed of the progress of the case and the handling results, and the relevant information shall be explained.
The opinions of the victims and their legal representatives should be listened to in criminal cases of minors who may not file a case or dismiss the prosecution and be sentenced to non-imprisonment sentences.
5. Minor victims and their legal representatives have the intention to entrust agents ad litem, but because of economic difficulties or other reasons, the public security organs, people's procuratorates and people's courts shall help them apply for legal aid, and legal aid agencies shall provide them with legal aid according to law.
6. Minor victims and witnesses may generally not testify in court with the permission of the people's court; Or take corresponding protective measures and testify in court.
7. The public security organs, people's procuratorates, people's courts and judicial administrative organs shall promote the reconciliation between juvenile criminal suspects, defendants and criminals and the victims, and may take the situation that juvenile criminal suspects, defendants and criminals compensate the victims for their economic losses and obtain the understanding of the victims as the basis for light punishment or commutation or parole as appropriate.
Three, to further strengthen the coordination and cooperation of public security organs, people's procuratorates, people's courts and judicial administrative organs.
The working mechanism of mutual coordination established by public security organs, people's procuratorates, people's courts and judicial administrative organs in handling juvenile criminal cases is an important part of China's juvenile justice system and an objective need to better safeguard the legitimate rights and interests of minors and prevent and reduce juvenile delinquency. To this end, public security organs, people's procuratorates, people's courts and judicial administrative organs at all levels should pay attention to the convergence and cooperation of all aspects of work, and further establish and improve the supporting work system.
(a) social investigation of juvenile criminal suspects and defendants.
Public security organs, people's procuratorates, people's courts and judicial administrative organs shall comprehensively consider the facts of the case and the contents of social investigation reports when handling juvenile criminal cases and executing penalties.
1. Social investigation shall be conducted by the community correction department of the judicial administrative organ where the juvenile criminal suspect or defendant has his domicile or residence. The community correction department of the judicial administrative organ may jointly carry out social investigation with relevant departments, or entrust social organizations such as the Communist Youth League to assist in the investigation.
The social investigation organ shall investigate their personality characteristics, family situation, social communication, growth experience, whether they have effective guardianship conditions or social assistance and education measures, and their performances before and after the suspected crime, and make a written report.
If the criminal suspect does not give his real name and address, and his identity is unknown, it is impossible to conduct a social investigation, and the social investigation organ shall make a written explanation.
2. When handling juvenile criminal cases, the public security organ shall collect evidence about the performance of the criminal suspect in the process of handling the case or the necessity of arrest, and promptly notify the community correction department of the judicial administrative organ to carry out social investigation; After receiving the social investigation report made by the social investigation organ, it shall carefully examine it and make a decision on whether to apply for arrest or transfer to prosecution according to the comprehensive case.
When the public security organ requests the people's procuratorate to examine and approve the arrest or transfer for examination and prosecution of a juvenile criminal case, it shall transfer the criminal suspect's performance during handling the case, the social investigation report examined by the public security organ and other materials to the people's procuratorate along with the case. If the community correction department is unable to conduct a social investigation or provide a written explanation of the social investigation report within the prescribed time limit, it shall also be transferred to the people's procuratorate with the case.
3. When handling juvenile criminal cases, the people's procuratorate shall carefully examine the social investigation report transferred by the public security organ or the written explanation that the social investigation cannot be carried out, the performance during handling the case and other materials, and fully grasp the case and the physical and mental characteristics of minors as a reference for education and handling the case. If the public security organ cannot transfer the above materials with the case, the people's procuratorate may request the public security organ to provide them, and the public security organ shall provide them.
The people's procuratorate shall transfer the social investigation report, the performance in the process of handling the case and other materials to the people's court with the case in which the juvenile criminal case is prosecuted.
4. When handling juvenile criminal cases, the people's court shall comprehensively review the social investigation report transferred by the people's procuratorate or the written explanation that the social investigation cannot be carried out, the performance during handling the case and other materials, and take the social investigation report as a reference for education and sentencing. If the people's procuratorate fails to transfer the above materials with the case, the people's court may request the people's procuratorate to provide them, and the people's procuratorate shall provide them.
The people's court shall, after the judgment takes effect, promptly deliver the social investigation report, the performance in the process of handling the case and other materials together with the penalty execution documents to the executing organ.
5. When executing the penalty, the executing organ shall, according to the social investigation report, performance during handling the case and other materials, carry out individualized education and correction for juvenile offenders. If the people's court fails to transfer the above materials with the case, the executing organ may request the people's court to transfer them, and the people's court shall transfer them.
6. The community correction department of the judicial administrative organ, the Communist Youth League or other social organizations shall accept the entrustment of the public security organ, the people's procuratorate and the people's court, undertake the social investigation of minors and the feasibility evaluation of community correction, and complete the investigation and evaluation results in time.
In the process of social investigation, public security organs, people's procuratorates and people's courts shall provide necessary convenience for social investigators.
(two) to verify and examine the age of juvenile criminal suspects and defendants.
1. When handling juvenile criminal cases, public security organs should find out the actual age of juvenile criminal suspects at the time of committing crimes, and pay attention to the lunar calendar age, household registration age and actual age. In particular, whether the juvenile criminal suspect has reached the critical age of 14, 16 and 18 should be determined as an important case fact.
A juvenile criminal case transferred by the public security organ to the people's procuratorate for examination and approval of prosecution shall be accompanied by evidence that the juvenile criminal suspect has reached the age of criminal responsibility. If there is insufficient evidence to prove that the juvenile criminal suspect has reached the legal age of criminal responsibility when committing a crime, and it is really impossible to find out, the public security organ shall make a determination and deal with it in favor of the minor according to law.
2. In handling juvenile criminal cases, the people's procuratorate finds that the age evidence is missing or insufficient, or the juvenile criminal suspect and his legal representative object to the age evidence based on relevant evidence, which may affect the determination of the case, and shall request the public security organ to supplement the evidence when examining and approving the arrest. If the public security organ cannot provide sufficient evidence, it shall make a decision not to approve the arrest and notify the public security organ to make supplementary investigation; In the process of examination and prosecution, it shall be returned to the public security organ for supplementary investigation or self-investigation. If the supplementary investigation still cannot prove that the juvenile has reached the legal age of criminal responsibility when committing a crime, the people's procuratorate shall make a determination and handling in favor of the juvenile criminal suspect according to law.
3. The people's court shall focus on examining the evidence of the age of the juvenile defendant when trying a criminal case in which a minor files a public prosecution. If the evidence of the age of the juvenile defendant is missing or insufficient, it shall notify the people's procuratorate to supplement or investigate and verify it. If the people's procuratorate considers it necessary to further supplement the investigation and make suggestions to the people's court, the people's court may postpone the trial according to law. If there is not enough evidence to prove that the defendant has reached the legal age of criminal responsibility when committing the alleged crime, and it is really impossible to find out, the people's court shall make a determination and handling in favor of the juvenile defendant according to law.
(3) Education and correction of juvenile suspects and defendants.
1. Public security organs, people's procuratorates, people's courts and judicial administrative organs should adopt methods that conform to the physical and mental characteristics of minors and carry out targeted education, probation and rescue work.
Public security organs, people's procuratorates and people's courts shall, according to the circumstances of the case, admonish minors, order them to make a statement of repentance, make an apology and order them to make compensation. And ask its legal representative or other guardian to strengthen supervision. At the same time, public security organs, people's procuratorates and people's courts should cooperate with relevant departments to implement social assistance, education, employment and living security, and pay a return visit in due course.
Minors who are not subject to criminal punishment because they are under the age of criminal responsibility shall be ordered to discipline their legal representatives or other guardians and carry out school matters. Schools, legal representatives or other guardians who are unable to discipline or whose discipline is ineffective and are suitable for sending to special schools may send them to special schools in accordance with relevant regulations. When necessary, they can be accommodated and educated in accordance with relevant laws.
2. The public security organ shall cooperate with the community correction department of the judicial administrative organ to carry out community correction work, establish a cooperative mechanism, carefully supervise juvenile community prisoners, take disciplinary measures according to law for juvenile community prisoners who violate the provisions of community correction, such as escaping and leaking pipes, and deal with juvenile community prisoners who commit crimes again in a timely manner according to law. The people's procuratorate shall supervise the community correction activities according to law.
3. When the people's procuratorate sends personnel to appear in court to accuse a crime according to law, it shall promptly educate the juvenile defendant.
4. In the process of trying juvenile criminal cases, the people's court shall, after the court investigation and debate, organize participants in the proceedings to educate juvenile defendants according to the specific circumstances of the case. For minors sentenced to non-custodial sentences, the people's court shall, after the judgment takes effect, promptly serve the relevant legal documents to the community correction department of the judicial administrative organ where the minor's household registration is located or where he lives.
5. Juvenile reformatory can further develop and improve the trial work. For juvenile offenders who decide to be temporarily executed outside prison or released on parole, the reformatory for juvenile offenders shall promptly deliver the social investigation report, performance during serving their sentences and other materials to the community correction department of the judicial administrative organ at the place where the minor's household registration is located or where he lives.
6. The community correction department of the judicial administrative organ shall, with the cooperation and support of the public security organ, be responsible for the supervision, management, education and correction of juvenile community prisoners, and do a good job in the daily correction, behavior evaluation, assistance and education and suggestions on penalty execution of juvenile community prisoners.
Juvenile community prisoners should adhere to education and correction and be separated from adults.
For juvenile community prisoners whose parole or probation has been revoked, the community correction department of the judicial administrative organ shall promptly deliver the social investigation report of minors, community performance during serving their sentences and other materials to the local competent public security organ and the people's procuratorate.
7. Judicial administrative organs at all levels should intensify resettlement education, strengthen contact and cooperation with communities, labor and social security, education, civil affairs, the Communist Youth League and other departments and organizations, and earnestly do a good job in education, training, employment, getting rid of bad habits and adapting to social life and life security for minors released from prison and released from reeducation through labor.
8. The files of juvenile offenders should be kept strictly confidential, and an effective file management system should be established; For minors who commit minor crimes, the system of administrative punishment and the elimination of misdemeanor records can be tried out in areas where conditions permit. Except for legal reasons, the records of administrative punishment of minors and the records of being criminally filed, taking criminal compulsory measures, not prosecuting or being sentenced to punishment for minor crimes shall not be disclosed.
Four, establish and improve the coordination and supervision mechanism for handling minor criminal cases.
Establishing and perfecting the coordination and supervision mechanism for handling juvenile criminal cases and carrying out standardized and orderly coordination and supervision work are important measures to promote the construction of juvenile justice supporting work system and form a joint effort.
1. Leading groups for the prevention of juvenile delinquency at all levels are comprehensive coordinating bodies for handling the supporting work of juvenile criminal cases. They should regularly hold joint meetings on juvenile justice work, study and coordinate in time to solve existing problems and difficulties, and summarize and popularize mature and effective work experience.
2. Leading groups for the prevention of juvenile delinquency at all levels shall coordinate relevant departments and social organizations to do a good job in schooling, employment and living security for minors being helped and educated.
3. The leading group for the prevention of juvenile delinquency is responsible for evaluating the implementation of the Opinions and the construction of juvenile justice system by public security organs, people's procuratorates, people's courts and judicial administrative organs every year, and the evaluation results are included in the target assessment system for the construction of peace and the comprehensive management of social security. Commend the advanced collectives and individuals emerging in the process of handling juvenile criminal cases.