(the Supreme People's Procuratorate 65438+February 28, 2006.
Adopted at the sixty-eighth meeting of the Tenth Procuratorial Committee)
Chapter I General Principles
Article 1 In order to effectively protect the legitimate rights and interests of juvenile criminal suspects, defendants and juvenile criminals, and correctly perform procuratorial duties, these Provisions are formulated in accordance with the provisions of the Criminal Law, the Criminal Procedure Law, the Law on the Protection of Minors, the Law on the Prevention of Juvenile Delinquency and other relevant laws, combined with the actual work of the People's Procuratorate in handling juvenile criminal cases.
Article 2 In handling juvenile criminal cases, people's procuratorates shall follow the principles of education, probation and salvation, and adhere to the principle of giving priority to education and supplementing punishment.
Article 3 The People's Procuratorate shall strengthen its contact and cooperation with relevant government departments, the Communist Youth League, women's federations, trade unions and other people's organizations, schools and organizations for the protection of minors, strengthen the education and rescue of juvenile delinquents, and do a good job in preventing juvenile delinquency.
When handling juvenile criminal cases, the people's procuratorate may inform the criminal suspects, victims and their families of the progress of the examination, arrest and prosecution, and explain and explain the relevant situation.
Article 4 When handling criminal cases involving minors, people's procuratorates shall protect the reputation of minors involved and respect their personal dignity according to law, and shall not disclose or disseminate the names, residences, photos, images and information that may be inferred from the minors involved.
When handling criminal cases, the people's procuratorates shall protect the legitimate rights and interests of juvenile victims, witnesses and other minors related to the case according to law.
Article 5 People's procuratorates shall generally set up special working bodies or working groups to handle juvenile criminal cases, and those who do not have the conditions shall designate special personnel to handle them.
Criminal cases of minors should generally be handled by prosecutors who are familiar with the characteristics of physical and mental development of minors and are good at ideological education of minors.
Article 6 When handling criminal cases of minors, the People's Procuratorate shall take into account the physiological and psychological characteristics of minors, and conduct targeted education according to their usual performance, family situation, reasons for committing crimes, attitude towards repentance, etc.
Seventh legal documents and working documents of juvenile criminal cases shall indicate the date of birth of minors.
The relevant information about juvenile criminal suspects, defendants and juvenile criminals, as well as the education and probation work carried out by case-handling personnel, shall be recorded in the volume and transferred with the case.
Chapter II Examination of Juvenile Criminal Cases and Approval of Arrest
Article 8 When examining and approving the arrest of a juvenile criminal suspect, it shall take whether he has reached the age of 14, 16 or 18 as an important fact. If it is difficult to judge the actual age of the suspect, which will affect the determination of the case, a decision shall be made not to approve the arrest, and if supplementary investigation is needed, the public security organ shall be notified at the same time.
Article 9 When examining and approving the arrest of a juvenile criminal suspect, we should pay attention to whether there is coercion, whether there are cases where adults instigate crimes, teach criminal methods or use minors to commit crimes.
Article 10 When examining and approving criminal cases of arresting minors, people's procuratorates shall interrogate juvenile criminal suspects.
When interrogating juvenile criminal suspects, 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.
Interrogation of juvenile criminal suspects should inform them of their litigation rights in accordance with the law, the legal provisions and significance of truthfully confessing the facts of the case, verify whether they have surrendered themselves, made meritorious deeds, exposed and so on, and listen to their guilty confessions or excuses of innocence and light crimes.
When interrogating a juvenile criminal suspect, the legal representative shall be notified to be present, and the legal representative shall be informed of his litigation rights and obligations according to law.
Interrogation of female juvenile criminal suspects should be attended by female prosecutors.
Eleventh interrogation of juvenile criminal suspects is generally not allowed to use restraint. If there is a real personal danger and it is necessary to use the restraint device, it should be stopped immediately after the actual danger is eliminated.
Article 12 When examining and approving the arrest of a juvenile criminal suspect, the people's procuratorate shall, according to the fact that the juvenile criminal suspect is suspected of committing a crime, subjective malignancy, guardianship and social assistance education, comprehensively weigh the social danger and decide whether to arrest. Arrest measures should be used carefully, and those who can be arrested should not be arrested.
Thirteenth minor criminal suspects who have minor criminal circumstances, have effective guardianship conditions or social assistance and education measures, have no or little social danger, and will not hinder the normal progress of litigation are generally not allowed to be arrested.
If the circumstances of the crime are serious, but the subjective malignancy is not great, the juvenile criminal suspect shows remorse, has effective guardianship conditions or social assistance and education measures, is not socially dangerous, and does not hinder the normal proceedings, and has one of the following circumstances, he may also refuse to approve the arrest according to law:
(1) First offense and negligent offense;
(2) Preparation, suspension or attempt of a crime;
(3) Having surrendered himself or rendered meritorious service;
(4) After committing a crime, he can truthfully confess the crime, realize the harmfulness and illegality of his behavior, actively return the stolen goods, try his best to reduce and compensate the losses, and obtain the understanding of the victims;
(5) Not the principal offender of a joint crime or the ringleader of a group crime;
(six) minors or students who have reached the age of fourteen but not sixteen;
(seven) other circumstances that do not require arrest.
Article 14 Before making a decision not to approve the arrest, the provisions of Article 13 of these Provisions shall be applied, and the guardianship of juvenile criminal suspects shall be reviewed with reference to the opinions of their legal representatives, schools, police stations, residents' committees and villagers' committees, and whether the juvenile criminal suspects have effective guardianship conditions or social assistance and education measures shall be made clear in the review of the arrest opinions.
Fifteenth juvenile criminal suspects and their legal representatives do not hire a lawyer due to financial difficulties and other reasons, the people's procuratorate shall inform them that they can apply for legal aid.
Chapter III Examination and Prosecution of Juvenile Criminal Cases and Appearing in Court to Support Public Prosecution
Article 16 The people's procuratorate shall, within three days after receiving the case materials transferred for examination and prosecution, inform the juvenile criminal suspect and his legal representative that he has the right to entrust a defender, the victim and his legal representative have the right to entrust an agent ad litem, and the parties involved in incidental civil litigation and their legal representatives have the right to entrust an agent ad litem.
If a juvenile criminal suspect, juvenile victim or his legal representative intends to hire a lawyer, but fails to appoint a defender or agent ad litem due to financial difficulties or other reasons, he shall help him apply for legal aid.
If a juvenile criminal suspect is detained, the people's procuratorate shall examine whether it is necessary to continue to be detained.
When examining and prosecuting juvenile criminal suspects, we should listen to the opinions of their parents or other legal representatives, defenders, juvenile victims and their legal representatives. Combined with social investigation, through schools, communities, families and other relevant organizations and personnel, we can understand the growth experience, family environment, personality characteristics and social activities of juvenile criminal suspects, so as to provide reference for handling cases.
Article 17 When examining and prosecuting criminal cases of minors, people's procuratorates shall interrogate juvenile criminal suspects. The interrogation of juvenile criminal suspects shall be governed by the provisions of Articles 10 and 11 of these Provisions.
Article 18 If a case transferred for examination and prosecution meets the following conditions, the procurator may arrange for the juvenile criminal suspect in custody to meet and talk with his legal representative and close relatives. ：
(a) the facts of the case have been basically ascertained, the main evidence is true and sufficient, and the arrangement of meetings and telephone calls will not affect the normal conduct of litigation activities;
(2) The juvenile criminal suspect has pleaded guilty or repented, or although he has not yet pleaded guilty or repented, it is possible to promote his reform through interviews and telephone calls, or it is beneficial to social and family stability through interviews and telephone calls;
(3) The legal representatives and close relatives of juvenile criminal suspects have a certain understanding of their criminal causes, social harm and consequences, and can cooperate with public security and judicial organs in education.
Nineteenth juvenile criminal suspects in custody meet or meet with legal representatives, close relatives, etc. The public prosecutor shall inform him that there shall be no collusion or other content that hinders the proceedings. Prosecutors can attend meetings and teleconferences. After the meeting and telephone conversation, the procurator shall timely sort out and record the relevant contents.
Article 20 If a minor criminal suspect commits a minor crime and has one of the following circumstances, and it is not necessary to be sentenced or exempted from punishment according to the provisions of the Criminal Law, he shall generally make a decision not to prosecute according to law:
(a) coerced to participate in the crime;
(2) preparation or suspension of the crime;
(3) playing a secondary or auxiliary role in the same crime;
(4) Deaf, dumb or blind;
(five) due to excessive defense or emergency avoidance, which constitutes a crime;
(six) have surrendered or made significant meritorious service;
(7) Other circumstances in which it is not necessary to be sentenced to punishment or exempted from punishment according to the provisions of the Criminal Law.
Article 21 In cases of minor injuries, first-time offenders, negligent crimes, attempted crimes, and criminal cases deceived and instigated by minors, if the circumstances are minor, and the criminal suspect does show remorse, and both parties voluntarily reach an agreement on civil compensation and earnestly perform it, which conforms to the provisions of Article 37 of the Criminal Law, the people's procuratorate may decide not to prosecute according to the provisions of the second paragraph of Article 142 of the Criminal Procedure Law, and may, according to the different circumstances of the case, give a warning or order a statement of repentance.
Article 22 The decision not to prosecute shall be publicly announced to the minors who do not prosecute and their legal representatives, and the reasons and legal basis for not prosecuting shall be made clear.
The decision not to prosecute shall be served on the minors who are not prosecuted and their legal representatives, and they shall be informed of their rights according to law.
Article 23 When examining cases of joint crimes committed by minors and adults, people's procuratorates shall generally prosecute minors and adults separately. However, in any of the following circumstances, a separate prosecution may be instituted:
(1) Minors are organizers of criminal groups or principals of other crimes;
(2) The case is serious, difficult and complicated, and prosecution by case may hinder the trial of the case;
(3) Involving a criminal incidental civil action, and the partial trial of the incidental civil action is hindered by the divisional prosecution;
(four) there are other circumstances that are not suitable for separate prosecution.
Twenty-fourth cases of minors and adults prosecuted separately shall generally be transferred to the people's court at the same time. If supplementary investigation is needed, if the supplementary investigation matters do not involve the criminal facts in which the juvenile criminal suspect participated and do not affect the prosecution of the juvenile criminal suspect, the juvenile criminal suspect shall be prosecuted first.
Twenty-fifth in the process of reviewing and prosecuting cases in which minors and adults commit the same crime respectively, a conclusion report can be made according to the whole case, and an indictment and a court appearance plan can be made respectively.
Article 26 After the people's procuratorate has separately prosecuted minors and adults for the same crime, if it is not appropriate to separately prosecute them during the proceedings, it may promptly propose to the people's court for joint trial.
Article 27 When prosecuting a minor defendant, the materials that effectively prove the age of the minor shall be transferred to the people's court as one of the main evidences.
Article 28 In criminal cases where minors are prosecuted, the following preparations should be made in court:
(a) to master the psychological state of the juvenile defendant, educate him to accept the trial, and interrogate the defendant again when necessary;
(two) to exchange views with the defenders of juvenile defendants and do a good job in education and probation;
(3) To be more familiar with the case, thoroughly study the relevant legal and policy issues in this case, and draw up the outline of interrogation, the outline of asking the victims, witnesses and expert witnesses, the outline of defense, the opinions of public prosecution and the written materials of legal education for the juvenile defendants according to the characteristics of the case and the situation of the juvenile defendants.
Article 29 When attending a juvenile criminal court, a public prosecutor shall abide by the requirements of the Code of Conduct for Public Prosecutors Appearing in Court, speak in a mild tone and pay attention to using civilized, accurate and easy-to-understand language.
Prosecutors generally do not invite underage witnesses and victims to testify in court.
Thirtieth in the process of court trial, the public prosecutor's interrogation, inquiry, debate and other activities should pay attention to the physical and mental characteristics of minors. If the juvenile defendant is seriously unstable and it is not appropriate to continue the trial, the public prosecutor may suggest that the court adjourn.
Article 31 The people's procuratorate may suggest to the people's court that a juvenile defendant who has one of the following circumstances can be sentenced to criminal detention or fixed-term imprisonment of not more than three years according to law, has a good attitude of repentance, has effective guardianship conditions or social assistance and education measures, and the application of probation does not really harm the society:
(a) the circumstances of the crime are relatively minor and have not caused serious consequences;
(2) Being a first-time offender or an accomplice under duress, with little subjective malignancy;
(3) The victim agrees to a settlement or the victim is obviously at fault;
(4) Other circumstances in which probation can be applied.
If the people's procuratorate applies probation to the juvenile defendant, it shall transfer the written materials that the juvenile defendant can obtain effective guardianship and help education to the people's court before the judgment.
Article 32 While charging a crime according to law, a public prosecutor should analyze the causes and social harmfulness of the juvenile defendant's crime, conduct legal education and outlook on life education in time, and urge him to reflect deeply and learn lessons.
Article 33 The people's procuratorate shall make suggestions to the people's court on the application of summary procedure to juvenile criminal cases that meet the conditions for trial by summary procedure.
Article 34 The people's procuratorate may send personnel to appear in court for juvenile criminal cases that are tried by summary procedure, or assist the people's court in court education by collecting social investigation materials of juvenile defendants before the court session.
Article 35 The relevant provisions of this chapter shall apply to people's procuratorates sending personnel to attend the court of second instance of juvenile criminal cases.
Chapter IV Legal Supervision of Juvenile Criminal Cases
Article 36 When examining and approving the arrest and prosecution of juvenile criminal suspects, the people's procuratorate shall also examine whether the investigation activities of public security organs are legal, and if it finds any of the following illegal acts, it shall put forward rectification opinions; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) taking compulsory measures against juvenile criminal suspects in violation of the law or taking improper compulsory measures;
(2) failing to supervise and isolate juvenile criminal suspects from adult criminal suspects according to law;
(3) Failing to conduct interrogation within the statutory time limit or notify his legal representative or close relatives after taking criminal detention or arrest measures against a juvenile criminal suspect;
(4) Threatening, corporal punishment, insulting personality, demonstrating in public, or extorting confessions by torture, pointing out confessions or inducing confessions;
(5) deliberately creating unjust, false or misjudged cases by taking advantage of minors' low cognitive ability;
(six) to collect evidence from juvenile victims and witnesses by illegal means such as deception or infringe upon the legitimate rights and interests of juvenile victims and witnesses such as personal dignity and privacy;
(seven) in violation of the provisions of the detention and handling time limit;
(eight) after the public security organ makes a decision not to approve the arrest or not to prosecute, it does not immediately release the criminal suspect;
(nine) other violations of the legitimate rights and interests of minors have been investigated.
Article 37 If a juvenile criminal case that is not tried in public according to law is tried in public, the people's procuratorate shall put forward rectification opinions before the court session.
When the public prosecutor appears in court to support the public prosecution, if he finds any of the following violations of legal procedures in the trial, he shall report to the procurator-general of our hospital in time after the adjournment, and the people's procuratorate shall put forward rectification opinions to the people's court:
(1) failing to notify the legal representative of the minor defendant to appear in court when hearing or sentencing;
(2) The people's court has not hired or appointed translators for deaf-mutes or juvenile defendants who are not familiar with the spoken and written languages commonly used in the local area;
(3) The juvenile defendant has no defender during the trial; The juvenile defendant and his legal representative refuse the defender to defend him according to law, and the collegial panel has not appointed another defense lawyer;
(4) failing to inform the juvenile defendant and his legal representative of their legal rights to apply for withdrawal, defense, presentation of new evidence, application for re-appraisal or inspection, final statement, appeal, etc. ;
(5) Other circumstances that violate legal procedures.
Article 38 The people's procuratorates shall, in accordance with the law, conduct stationed inspections in juvenile reformatories. In the supervision of punishment execution, if it is found that the prison where adult criminals are held holds juvenile criminals, or criminals who have reached the age of 18 and have been sentenced to fixed-term imprisonment for more than two years have not been transferred to the prison, they shall put forward rectification opinions according to law.
Article 39 If a people's procuratorate finds that a juvenile criminal suspect or defendant, an adult criminal suspect or defendant fails to take care of, isolate or imprison a juvenile criminal, it shall put forward rectification opinions according to law.
Article 40 The People's Procuratorate shall strengthen supervision over the activities of juvenile offenders supervised by reformatories and detention houses, safeguard the legitimate rights and interests of juvenile offenders, and maintain the order of supervision and reform and the order of teaching, labor and life.
The people's procuratorate cooperates with juvenile reformatories and detention centers to strengthen political, legal and cultural education for juvenile offenders and promote legal, scientific and civilized supervision.
Article 41 The People's Procuratorate shall supervise the commutation, parole and temporary execution of juvenile offenders outside prison according to law. To meet the statutory conditions for commutation, parole and temporary execution outside prison, it should be suggested that the executing organ should submit it to the people's court and the prison management organ; If it is found that the request or ruling or decision is improper, it shall put forward rectification opinions according to law; If commutation, parole or temporary execution outside prison for favoritism constitutes a crime, criminal responsibility shall be investigated according to law.
The people's procuratorate finds that the relevant authorities have failed to control, suspend sentence or make a ruling, decide on parole, temporarily execute it outside prison, etc. , or fail to implement measures to help and educate minors, it shall put forward rectification opinions according to law.
Chapter V Criminal Appeal and Prosecution of Juvenile Cases
Article 42 The People's Procuratorate shall accept criminal appeal cases and criminal compensation cases filed by minors and their legal representatives according to law.
The people's procuratorate shall designate a special person to handle juvenile criminal appeal cases and criminal compensation cases in a timely manner.
Article 43 The people's procuratorate shall directly listen to the statements or arguments of minors and their legal representatives, carefully examine and verify the evidence and clues related to the case, find out the facts of the case and handle it according to law.
After the case is examined and decided, legal documents shall be served to minors face to face, and legal publicity, persuasion and education shall be done well.
Forty-fourth juvenile criminal appeal cases that have been reviewed and corrected shall cooperate with relevant departments to do a good job in the aftermath.
Article 45 When handling criminal compensation cases for minors, people's procuratorates should fully listen to the opinions of minors and their legal representatives, and make and implement compensation decisions in a timely manner in cases that should be compensated according to law.
Chapter VI Supplementary Provisions
Article 46 The term "juvenile criminal cases" as mentioned in these Provisions refers to criminal cases in which the suspect or defendant is over 14 years old but under 18 years old when committing suspected criminal acts. However, the minors mentioned in the Provisions on the Litigation Rights of Minors and the Protection of Special Procedures for Minors refer to those who have reached the age of 14 but have not reached the age of 18 in the course of litigation.
Article 47 The age of a crime shall be calculated according to the Gregorian calendar year, month and day. From the second day of the first birthday, I will be xx years old.
Article 48 the Supreme People's Procuratorate shall be responsible for the interpretation of these Provisions.
Article 49 These Provisions shall come into force as of the date of promulgation, and the Provisions of the People's Procuratorate on Handling Juvenile Criminal Cases promulgated by the Supreme People's Procuratorate on April 22, 2002 shall be abolished at the same time.