Chapter I General Provisions
Article 1 In order to protect the legitimate rights and interests of juvenile defendants, punish and educate juvenile criminals according to law, and protect innocent minors from criminal investigation, a juvenile criminal trial system with China characteristics is gradually established and improved in accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Organization Law of the People's Court of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Minors and the Law of People's Republic of China (PRC) on the Protection of Minors.
Article 2 The Criminal Procedure Law of People's Republic of China (PRC) and the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Interpretation) shall apply to the trial of juvenile criminal cases. Where there are special provisions in these Provisions, these Provisions shall apply.
Article 3 In trying juvenile criminal cases, we must take facts as the basis, take the law as the criterion, adhere to the principle of giving priority to education, supplemented by punishment, implement the policy of education, probation and salvation, and actively participate in the comprehensive management of social security.
Article 4 The people's courts shall strengthen contact with public security organs and people's procuratorates, adhere to the principle of division of responsibilities, mutual cooperation and mutual restraint, and ensure fair and timely trial of juvenile criminal cases.
Article 5 The people's court shall strengthen its contact with relevant government departments, the Communist Youth League, women's federations, trade unions and other people's organizations, as well as relevant social organizations such as juvenile protection organizations, and do a good job in the education and rescue of juvenile offenders.
Article 6 Intermediate people's courts and grass-roots people's courts may establish juvenile criminal courts. If the conditions are not yet met, a collegiate bench for juvenile criminal cases shall be set up in the criminal trial court or a special person shall be appointed to handle juvenile criminal cases. The Higher People's Court may set up a collegiate bench for juvenile criminal cases in the criminal trial court.
Juvenile criminal courts and collegiate panels of juvenile criminal cases are collectively referred to as juvenile courts.
The Supreme People's Court and the Higher People's Court set up a juvenile court steering group to guide the work of juvenile courts and summarize and popularize the experience of juvenile criminal trial. The juvenile court guidance group should have a special person or office responsible for specific guidance.
Article 7 A collegial panel for hearing criminal cases of minors of first instance may be composed of judges or judges and people's jurors. Except for cases in which summary procedure is applied according to law.
Article 8 The presiding judge of a collegiate bench trying criminal cases involving minors shall be a judge who is familiar with the characteristics of minors and is good at ideological education of minors, and shall keep his work relatively stable.
People's jurors who try juvenile criminal cases are generally cadres, teachers, retirees and staff of juvenile protection organizations who are familiar with the characteristics of minors and enthusiastic about educating and saving juvenile offenders, and have received necessary training.
Article 9 In the trial of juvenile criminal cases, attention should be paid to the physical and mental characteristics of juvenile defendants, and the facts of the case being prosecuted should be accurately and timely ascertained according to law; For minors who constitute crimes, we should help them understand the causes of crimes and the social harm of criminal acts, and combine education with trial and punishment with education.
Article 10 The scope of accepting cases of juvenile courts:
(1) The defendant was under the age of 18 when he committed the 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.
If there are minor defendants in other criminal cases, or if other criminal cases involving minors are tried by juvenile courts, the president of the people's court shall decide according to the actual situation of the work of juvenile courts.
Article 11 Criminal cases of minors under the age of 16 at the time of trial shall not be heard in public.
Criminal cases of minors under the age of 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 our hospital, and the number and scope of observers should be appropriately limited.
Article 12 A witness in a juvenile criminal case may not appear in court with the permission of the people's court, except as provided by law.
Article 13 Before a juvenile criminal case is decided, a judge shall not disclose the name, domicile, photos and information that may be inferred from the juvenile to the outside world.
Except for consulting, extracting and copying according to law, the files of juvenile criminal cases shall not be inquired, extracted, disclosed and disseminated without the approval of the president of our hospital.
Article 14 The legal representative of a minor defendant enjoys the litigation rights such as applying for withdrawal, defending, asking questions, presenting new evidence, requesting re-appraisal or inspection, and filing an appeal. After the juvenile defendant makes his final statement, the legal representative may express his opinions with the permission of the presiding judge.
Article 15 The people's court shall ensure that juvenile defendants can obtain defense 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.
During the trial, the juvenile defendant and his legal representative may refuse the defender to defend him.
Chapter II Preparation before the Court Session
Article 16 In criminal cases of minors prosecuted by people's procuratorates, the people's courts shall not only examine them in accordance with the relevant provisions of the Interpretation, but also find out whether there is valid proof of the defendant's age. If no valid proof of the defendant's age is attached, it shall notify the people's procuratorate to submit it within three days.
Article 17 When the people's court serves a copy of the indictment on the juvenile defendant, it shall explain the alleged crime and relevant legal provisions to him; And inform the litigation procedures and related litigation rights and obligations to eliminate the nervousness of juvenile defendants.
Article 18 When serving a copy of the indictment on the legal representative of a minor defendant, the people's court shall inform him of his litigation rights and obligations and relevant matters that should be paid attention to in the trial.
Article 19 Before the court session, the legal representative of the minor defendant shall be notified to appear in court. If the legal representative is unable to appear in court or is really unfit to appear in court, he shall notify other guardians or other adult close relatives to appear in court. If other guardians or adult close relatives do not appear in court after notification, the people's court shall record it.
Article 20 The presiding judge who hears juvenile criminal cases may, if necessary, arrange legal representatives or other adult close relatives, teachers and other personnel to meet with juvenile defendants.
Article 21 Before the trial, both the prosecution and the defense can investigate the personality characteristics, family situation, social interaction, growth experience and performance before and after the alleged crime, make written materials and submit them to the collegial panel. When necessary, the people's court may also entrust relevant social organizations to investigate the above situation or conduct its own investigation.
Article 22 The people's court shall provide convenient conditions for defense lawyers to consult, extract and copy the materials charged with criminal facts, meet with juvenile defendants in custody and communicate with them. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with juvenile defendants in custody.
Article 23 A juvenile court shall record the preparatory work and activities before the court session.
Chapter III Trial
Article 24 The people's court shall set up a seat for the legal representative of the minor defendant on the side of the defense platform near the auditing area.
Article 25 Restraints shall not be used against juvenile defendants in court. The juvenile defendant may appear in court for investigation and inquiry, and shall stand up when answering the judge's questions and sentencing.
Article 26 If a juvenile defendant or his legal representative refuses to entrust a defender to defend in court and requests the people's court to appoint another defender or defense lawyer, the collegial panel shall agree and announce an adjournment.
If the juvenile defendant or his legal representative refuses the defense lawyer appointed by the people's court to defend in court and requests to entrust another defender, the collegial panel shall agree and announce the postponement of the trial. If the juvenile defendant or his legal representative refuses the defense lawyer appointed by the people's court to appear in court to defend him, if there are justified reasons, the collegial panel shall agree and announce the postponement of the trial, and the people's court shall appoint another defense lawyer for the juvenile defendant.
After retrial, if the juvenile defendant or his legal representative refuses to entrust a new defender or a defense lawyer appointed by the people's court to appear in court again, it is generally not allowed. If the defendant has reached the age of 18 when the court reconvenes, it shall be allowed, but it shall not be entrusted or designated by the people's court. The above situation should be recorded in the volume.
Article 27 In the course of court trial, a judge should pay attention to the intellectual development and psychological state of juvenile defendants, with a serious and kind attitude, accurate language and easy to understand. When it is found that there are situations that seduce, reprimand, satirize or threaten juvenile defendants, it should be stopped in time.
Article 28 During the court investigation, the judge shall verify the age of the juvenile defendant when he committed the alleged act. At the same time, we should also find out the subjective and objective reasons for the juvenile defendant to commit the accused act.
Article 29 When the court hears a case, if both the prosecution and the defense propose to the court that the juvenile defendant be given a lighter sentence of public surveillance, criminal detention or suspended execution of fixed-term imprisonment, exempted from criminal punishment and other applicable punishments, they shall provide written materials that the juvenile defendant can obtain guardianship and help education.
Article 30 When the court is adjourned, legal representatives or other adult close relatives, teachers and other personnel may be allowed to meet the defendant.
Thirty-first juvenile criminal cases shall be pronounced in public, but not in the form of a plenary meeting.
Article 32 If a verdict is pronounced regularly, the collegial panel shall notify the public prosecutor, the legal representative of the juvenile defendant and other participants in the proceedings to appear in court.
If the legal representative does not appear in court or is really unable to appear in court, he may also notify other adult close relatives to appear in court after the verdict is pronounced and serve them with a copy of the verdict.
Article 33 If the people's court finds the juvenile defendant guilty, after the verdict is pronounced, the collegial panel shall organize participants in the proceedings to appear in court to educate the juvenile defendant. If the legal representative of the juvenile defendant or other adult close relatives other than teachers and prosecutors participate in the education and probation of the juvenile defendant, the collegial panel may invite him to participate in the education after sentencing.
The education of juvenile defendants can be carried out around the following contents:
(a) the harmfulness of criminal acts to society and the necessity of being punished by punishment;
(two) the subjective and objective reasons leading to the occurrence of criminal acts and the lessons to be learned;
(3) Correctly treat the judgments of the people's courts.
Thirty-fourth cases of appeal and protest heard in court shall be handled with reference to the above provisions.
Chapter IV Summary Procedure
Article 35 A juvenile court shall, according to Article 174 of the Criminal Procedure Law and the relevant provisions of this Interpretation, determine whether summary procedure is applicable to juvenile criminal cases.
Article 36 If a case is tried by summary procedure, the legal representative and defender of the minor defendant shall be notified to appear in court.
Article 37 The provisions of Article 33 of these Provisions shall apply to the court education of juvenile defendants in cases that are tried by summary procedure.
Chapter V Implementation
Article 38 For juvenile criminals whose judgments and rulings have become legally effective and should be put in prison to serve their sentences, the juvenile court shall fill in the registration form for closing the case, attach the investigation materials of juvenile criminals and their performance materials in the trial of the case, and send them to the executing organ together with the copy of the indictment, the copy of the judgment and ruling and the notice of execution.
Thirty-ninth juvenile courts can establish contact with juvenile detention centers and other places where juvenile offenders serve their sentences through various forms to understand the reform of juvenile offenders and assist in education and reform. And can pay a return visit to juvenile criminals who are serving their sentences.
Article 40 The juvenile court may, when it deems it necessary, urge the parents or other guardians of juvenile criminals who are imprisoned to visit them in time, so that the juvenile criminals can get the care of their families and society and enhance their confidence in reform.
Article 41 For juvenile criminals who are sentenced to public surveillance, suspended in criminal detention, suspended in fixed-term imprisonment or exempted from criminal punishment, the juvenile court may assist the public security organs to formulate assistance and education measures in conjunction with schools, units, streets, residents' committees, villagers' committees and guardians.
Article 42 A juvenile court may visit juvenile criminals and their families who have been sentenced to public surveillance, suspended criminal detention, suspended fixed-term imprisonment or exemption from criminal punishment. Timely understand the management and education of juvenile offenders, guide their families to correctly assume the responsibility of discipline, and create a good environment for juvenile offenders to turn over a new leaf.
Article 43 A juvenile criminal sentenced to public surveillance, suspended criminal detention, suspended fixed-term imprisonment or exemption from criminal punishment. The people's court may put forward judicial suggestions to the relevant departments for their resettlement, and attach the necessary materials.
Article 44 The people's court shall promptly examine and make a ruling on the written intention of the executing organ to commute or parole juvenile criminals according to law.