What is the criminal procedure for minors?
Juvenile criminal procedure is a special trial procedure for juvenile criminal cases.
(A) the concept of juvenile criminal proceedings
The proceedings of juvenile criminal cases refer to the legal procedures that should be applied by people's courts, people's procuratorates and people's courts in handling juvenile criminal cases under the age of 18 at the time of the alleged crime.
(two) the scope of application of juvenile criminal proceedings
(1) Cases in which the defendant was under the age of 18 when he committed the alleged crime;
(2) The defendant was under the age of 18 when he committed the alleged crime, and was accused of being the ringleader or principal offender.
(three) the legal basis for juvenile criminal cases.
Criminal Procedure Law, People's Republic of China (PRC) Law on the Protection of Minors, People's Republic of China (PRC) Law on the Prevention of Juvenile Delinquency, Interpretation of the Supreme Court, the Supreme People's Procuratorate Rules, and Public Security Regulations.
Special principles of juvenile criminal procedure;
(a) adhere to the principle of giving priority to education, supplemented by punishment, and implement the policy of education, probation and salvation.
(2) The principle of mobilizing social forces for comprehensive education and assistance.
(3) The principle of trial by juvenile court
(four) the principle of combining education with trial and combining punishment with education.
(5) The principle of closed trial.
(6) The principle that the legal representative of the minor defendant enjoys certain litigation rights independently.
(seven) the principle of the right to appoint a defense.
(eight) pay attention to the principle of protecting the rights of juvenile victims and witnesses.
To investigate and prosecute juvenile criminal cases;
(1) Special Provisions on the Investigation Procedure of Juvenile Criminal Cases
1. In handling juvenile criminal cases, it is strictly forbidden to use threats, intimidation, inducement, deception and other means to obtain evidence. It is forbidden to extort confessions by torture (Article 4 of the Regulations on Public Security Minors).
2. Special provisions on interrogation procedures.
3. Special provisions on the application of compulsory measures.
4. Handling of investigation termination.
(2) Special Provisions on the Examination and Approval of Juvenile Criminal Cases.
1. When examining and approving the arrest of juvenile criminal suspects, it shall be determined as an important fact whether they have reached the critical age of 14, 16 and 18.
2. When examining and approving the arrest of juvenile criminal suspects, 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 9 of the Regulations on the Supervision of Minors).
3. Provisions on interrogation of juvenile criminal suspects.
4. 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 of the juvenile criminal suspect and decide whether to arrest him or not. Use arrest measures with caution, and do not arrest those who can be arrested, and do not arrest those who cannot (article 13 of the Regulations on the Supervision of Minors).
(3) Special provisions on the public prosecution procedure of juvenile criminal cases.
1. When people's procuratorates examine juvenile criminal cases, if they detain juvenile criminal suspects, they shall examine whether it is necessary to keep them in custody (Article 16, paragraph 3, of the Regulations on the Supervision of Minors).
2. The people's procuratorate shall interrogate juvenile criminal suspects when examining and prosecuting juvenile criminal cases. Interrogation of juvenile criminal suspects shall be subject to the above-mentioned provisions on interrogation when examining and approving arrest (Article 17 of the Provisions on Higher Inspection for Minors).
3. Meeting with legal representatives and close relatives.
4. A juvenile criminal case that brings a public prosecution shall be well prepared to appear in court.
5. When people's procuratorates examine cases in which minors and adults commit the same crime, they should generally prosecute minors and adults separately. However, if there are special circumstances, a separate case can be prosecuted.
6. For a minor criminal suspect who has one of the following circumstances and does not need to be sentenced or exempted from punishment according to the provisions of the Criminal Law, a decision not to prosecute shall generally be made according to law.
Pre-trial preparation of juvenile criminal cases;
(a) To examine in particular the evidence concerning the age of the accused.
(two) to preach the law and litigation rights to juvenile defendants.
(three) fully mobilize the legal representative and other education, save the enthusiasm of juvenile defendants.
(four) to conduct a comprehensive investigation of the situation of juvenile defendants.
Trial of juvenile criminal cases;
(1) Provisions on Special Care for Juvenile Defendants
1. Don't use restraints on juvenile defendants in court. A minor defendant may appear in court for investigation and interrogation, and shall stand up when answering the judge's questions and sentencing (Article 25 of the Provisions of the High Court on Minors).
2. During the court hearing, the judge should pay attention to the intellectual development and psychological state of the juvenile defendant, take a serious and kind attitude, and use accurate and easy-to-understand language. If it is found that there are cases of inducing confessions, reprimanding, satirizing or threatening juvenile defendants, it shall be stopped in time (Article 27 of the Provisions of the Supreme People's Court on Minors).
3. When the court is adjourned, the legal representative or other adult close relatives, teachers and other personnel may be allowed to meet the defendant (Article 30 of the Provisions of the Supreme People's Court on Minors).
(2) The court investigation shall ascertain the age at the time when the alleged act was committed and the cause of the crime.
(3) Suggestions on the application of punishment
(4) Sentence
(5) Education after sentencing
(six) the application of summary procedure