What are the trial methods for juvenile crimes?

Hello, the details of the country’s trial methods for juvenile crimes are as follows:

1. Establish a set of methods and methods suitable for juvenile criminal trials

1. Adhere to the combination of education and trial, and actively carry out pre-trial assistance and social investigations

How to ensure the smooth development of education and trial is a key issue to be solved by the juvenile criminal trial system; because minors The diversification of crime forms and differences in crime causes make education more difficult. Targeting the differences in criminal subjects, crime causes, and criminal psychology, if simple and cookie-cutter preaching is adopted, then teaching through trial is just a formality. There is no practical effect; therefore, for different individuals, the judge must fully understand in detail the nature of each juvenile defendant's crime, the subjective and objective reasons for the crime, the defendant's physiological and psychological characteristics, growth experience, living environment, etc., otherwise it will be impossible to Finding the right entry point and influencing point to inspire and awaken the defendant's conscience makes the education neither targeted nor profound. The specific methods are as follows:

(1) Conduct necessary substantive review of the case facts. The current Criminal Procedure Law stipulates that the procuratorate only transfers the main evidence and some procedural materials to public prosecution cases, and the judge only conducts a procedural review before the trial. However, in cases of juvenile defendants committing crimes, the judge should not be limited to reviewing the case. Procedural review should be carried out, but the case should be understood by reviewing the main evidence, so as to grasp the basic facts, criminal means, criminal motives, etc. of the minor's crime, so as to judge the social harm and personal danger of the minor defendant's behavior.

(2) Educate the defendant before trial. Judges should exchange ideas with the defendants before the trial, understand the reasons for the crime, further enhance their perceptual understanding of education, and make them realize the harm of illegal crimes to society and families through life and moral education, and inspire the defendants to reflect and repent. , eliminate negative and confrontational thoughts, and enhance their courage and enthusiasm to reform by exploring the beautiful side of their souls.

(3) Carry out social surveys. Understand the defendant's personality characteristics, family situation, social interactions, growth experience and daily performance. The Supreme People's Court's "Several Provisions on the Trial of Juvenile Criminal Cases" stipulates that the prosecution and defense can conduct separate investigations into the above situations, but this provision is not mandatory, and both the prosecution and defense generally neglect to provide the above materials; while the defense Sometimes in order for the defendant to obtain a lighter, reduced or non-custodial sentence, some proof of daily performance that is beneficial to the defendant is often provided. These proofs obviously lack objectivity and authenticity. Courts and judicial administrative departments should take the initiative to carry out necessary social investigations. , understand the life experiences of juvenile defendants and explore the reasons that lead them to commit crimes.

2. Add court education procedures

(1) Court education is an important symbol of the trial method of juvenile criminal cases. As we all know, conducting trials based on the psychological and physiological characteristics of juvenile defendants is an important working method in the trial of juvenile criminal cases. This is determined by the particularity of juvenile criminal cases. The physical and psychological development of minors is not yet mature and has a transitional nature, which determines the obvious difference between minor crimes and adult crimes. Its main manifestations include differences in psychological characteristics, four aspects of cognition, emotion, will and behavior, as well as differences in the structure of criminal behavior; differences in the causes of crimes and differences in the execution of crimes. This requires criminal proceedings that differ from adult criminal trials. If we regard the trial of juvenile criminal cases as a special procedure, then one of the obvious features of this special procedure is court education.

(2) Court education is an important manifestation of the juvenile justice system with Chinese characteristics. Although our juvenile court work started late and needs to be further improved in terms of procedures and substantive laws, the court education procedures indisputably demonstrate that under the socialist system, our country implements the policy of educating, reforming, and rescuing delinquent juveniles. The fact that education is combined with trial and trial and education. Young people are the future of the country. When cultivating a large number of talents for national construction, the country does not abandon those delinquent teenagers who are temporarily "left behind", and society does not let them go, but through various channels and methods , treating delinquent juveniles “like doctors treat patients, like teachers treating students, and like parents treating their children” is the superiority of our country’s juvenile justice system. Court education embodies the characteristics of my country's juvenile justice system.

(3) Court education is an important part of education and trial. When trying juvenile criminal cases, in addition to ascertaining the facts of the alleged crime, it is more important to implement a series of party and state policies on educating and rescuing delinquent youths. Therefore, when handling every juvenile criminal case, corresponding education and rescue work will accompany the entire trial process of the case. In the court education stage, the main subjects of education are the most concentrated, including prosecutors, defenders, legal representatives, and members of the collegial panel; the content of education is the richest, and each educator provides multi-level and all-round education to delinquent juveniles from different perspectives; education The time is most suitable. Education at special times and occasions such as court hearings is easy to be accepted by delinquent teenagers; the characteristics of education are the most obvious. During court education, the presiding judge clearly announces that court education will be carried out, which is obviously different from ordinary occasions. educate.

3. Use "round table" trials to change the current court layout and judges' language habits

As a court that carries out criminal trial activities, due to changes in the past, the judge's bench is in the center of the trial court. , facing the judge's bench is the defendant's bench, and a "round table" is used to judge minor defendants. During the trial, the judges, prosecutors, minor defendants, their legal representatives, and defenders sit around a round table. Communicate at a distance and provide comprehensive reform education to minor defendants from the aspects of law, morality, family relationships, outlook on life, etc. in a heart-to-heart manner. This "round table" trial layout fully embodies modern judicial concepts.

In criminal trials, judges can change the interrogation style to a conversational style, and strive to have face-to-face conversations with juvenile offenders in a friendly manner and a calm tone, and guide them to state the case truthfully and defend themselves. Don’t rebuke, don’t be sarcastic, don’t put pressure, convince people with factual evidence, persuade people with emotion, reason, and law, don’t preempt others, don’t use power to pressure people, distinguish right from wrong, and be reasonable, avoiding the impact of strong arguments on juvenile offenders. It avoids the situation where judges and prosecutors sound stern and juvenile offenders answer questions that are wrong. It easily creates an environment that is both serious and relaxed, making juvenile offenders feel like they are back in the classroom when entering the court, and they are less nervous, restrained, and even fearful. Enable minor defendants to calmly confess and defend themselves in a relaxed atmosphere, which is conducive to protecting the physical and mental health and legitimate rights and interests of minors, and is also conducive to the smooth progress of litigation.

2. Efforts should be made to expand the social and judicial protection areas for the protection of minors

Carry out post-trial return visits and education work based on different situations of minor crimes. After a minor criminal case is concluded, the matter must not be dismissed at first instance. The education and rescue of minor crimes are not only reflected in the improvement of trial methods, methods, and sentencing, but more importantly, how to consolidate the effect of court trials, and ultimately achieve the goal of reducing and preventing juvenile crimes. Purpose.

(1) We must pay attention to legal education. Punishing the defendant is an important means of education. Only fair and reasonable punishment can achieve the purpose of education. Therefore, judges should provide instructions to minor defendants when pronouncing sentences. Explain the legal basis for the judgment to prevent minor defendants from forming a resistance to not admitting guilt and obeying the law when the judgment result is far from their expected value.

(2) Second, we must pay attention to repentance and reform education, so that minor defendants understand that only through labor can the dirt on their souls be washed away and they can truly be reborn. To this end, after the juvenile criminal cases are concluded, extended assistance and education work must be done to allow the prodigal to truly turn around. For example, a detailed system of return visits and follow-up assistance and education, as well as measures for probation inspections, implementation of person-by-person filings, and regular return visits are established to form a three-in-one rescue and correction work system of the court, community, and family. In particular, for juvenile offenders who have been sentenced to probation, control, or exemption from criminal punishment, we should more proactively contact relevant departments, pay attention to their ideological trends, and help solve their problems of returning to school and employment.

(3) Pay attention to future education and help minor defendants overcome their two emotions of blind optimism and negativity. In judicial practice, most minor defendants who are sentenced to non-custodial sentences are blindly optimistic and think that everything will be fine, while minor defendants who are sentenced to actual sentences or longer sentences are negative, pessimistic and discouraged. In this regard, the judges should inform them of the response. Juveniles who have been sentenced to non-custodial sentences in society may repeat the same mistakes if they do not learn lessons, while juvenile offenders who have been sentenced to real sentences can get a reduced sentence as long as they work hard to reform, return to society, and become useful people

Carry out more Various forms of legal publicity and education to improve the legal concept of the majority of young people.

The first is to use newspapers, magazines, radio stations, television stations, the Internet and other news media to select typical cases to explain the law and carry out legal publicity; the second is to form a political construction unit with the school and go deep into the school to carry out legal publicity and legal lectures. Establish parent schools, guardian schools, and youth rights protection posts with departments such as industry, youth, gynecology, and education, select typical cases to organize teenagers in schools to observe, and select individual cases to organize mock courts to provide visual education to teenagers. These post-trial extended service activities are not only the most effective help for minors who have committed crimes, but also enable legal knowledge to be widely publicized among the majority of teenagers, thus playing a better role in preventing and reducing minor crimes.