Principles of procedural procedures for juvenile criminal cases

The procedural principles for juvenile criminal cases are as follows:

1. The principle of handling separate cases;

2. The principle of giving priority to education and supplementing punishment;

3. Principle of promptness and simplicity;

4. Principle of moderation;

5. Principle of non-public trial;

6. Full protection of unidentified parties Principles of litigation rights of adult criminal suspects and defendants.

1. The principle of giving priority to education and supplementing punishment

This principle means that judicial organs should, in the criminal proceedings for minors, punish those who have been judged guilty by the people's court in accordance with the law. Carry out education, reform and rescue work for minors. We should pursue criminal responsibility for minors who have violated the law and commit crimes, implement the policy of education, reform, and rescue, and adhere to the principle of giving priority to education and supplementing punishment. This principle plays an important guiding role in the entire litigation of juvenile cases and is the dominant idea in handling juvenile criminal cases. Other litigation principles in juvenile criminal cases basically revolve around this principle. According to this principle, at all stages of criminal proceedings for minors, judicial organs must adhere to the principle of education and punishment as a supplement, and educate and rescue minors without losing any opportunity.

2. Principle of separate handling

This principle means that when criminal cases of minors are handled, they should be handled separately from cases of adult crimes in terms of time and place. Article 57 of the "Law on the Protection of Minors" stipulates that minors who are in custody or serving sentences must be held separately from adults. Article 23 of the "Higher Procuratorate Regulations" stipulates that when the People's Procuratorate examines cases where minors and adults commit crimes together, minors and adults should generally be prosecuted separately.

(1) The contents of the principle of division of cases generally include:

1. When using detention, arrest and other compulsory measures to detain juvenile criminal suspects in criminal proceedings, they must be treated with adults Criminal suspects shall be kept in separate custody;

2. When handling cases in which minors and adults commit crimes or are involved in the same crime, try to apply different procedures and, without hindering the trial, insist on Handle cases separately;

3. When juvenile cases are completed and handed over for execution, they shall not be placed in the same prison as adult prisoners.

(2) The main reason for handling separate cases is that: minors are not yet mature and sound physically and mentally, and are susceptible to the influence of the external environment and others. When they are detained as criminal suspects, as criminal defendants When being interrogated and tried, the psychological pressure they can withstand is limited. At this time, minors are more eager for care and guidance from the people around them. Most of the minors who enter prisons for the first time are first-time offenders and occasional offenders who have not experienced much in life. The purpose of establishing the principle of division of cases is to fully protect minors entering the litigation stage from the adverse influence of adult criminals. In addition, keeping minors together with adults may be detrimental to the safety of minors.

3. Principle of non-public hearings

This principle means that when the People’s Court hears criminal cases, the public is not allowed to observe, reporters are not allowed to interview, and newspapers and other printed matter are not allowed to publish information about minors. The defendant’s name, age, occupation, address and photo, etc. my country's "Criminal Procedure Law" and relevant judicial interpretations, "Law on the Protection of Minors" and "Law on the Prevention of Juvenile Delinquency" all stipulate this.

(1) The principles of non-public trials generally include:

1. Criminal cases involving minors who are over 14 years old and under 16 years old when they are accused of committing crimes will not be tried in public. ;

2. Criminal cases involving minors who are over 16 but under 18 when they are accused of committing a crime are generally not heard in public. If it is necessary to conduct a public trial, it must be approved by the President of the People's Court, and the number and scope of observers must be limited.

3. If the presence of close adult relatives, teachers, etc. of minor defendants in court is beneficial to the trial work, education, and reform of minor defendants, they may be allowed or invited to the court with the approval of the president of the trial court. , but confidentiality must be strengthened and case trial status must not be disseminated or provided to the outside world.

4. For cases that are not heard in public, the judgment will still be announced in public.

5. In cases of minor crimes, news reports, film and television programs, and public publications shall not disclose the minor's name, residence, photos, or information that may be inferred about the minor.

6. Juvenile criminal cases that are not heard in public shall not disclose the image of the defendant in any way.

(2) The reason for not conducting public trials is to protect the reputation, self-esteem and personal dignity of minor defendants and prevent unnecessary psychological trauma and endless mental pressure caused by public proceedings. , help them receive education and rescue, and start a new life. The purpose is to strengthen the special physical and mental protection of minor defendants and ensure the smooth progress of criminal proceedings. That kind of public "exposure" or frustration of self-esteem is not conducive to their education and transformation. Considering the long-term interests of minors' future development, the law stipulates that the trials of minors' criminal cases should not be conducted in public. This is also a kind of litigation civilization.

4. The principle of fully protecting the litigation rights of minor criminal suspects and defendants

This principle means that when handling juvenile criminal cases, judicial organs should fully protect the rights of minors. Adult criminal suspects and defendants enjoy various litigation rights in accordance with the law.

(1) The content of the principle of fully protecting the litigation rights of juvenile criminal suspects and defendants generally includes that in addition to enjoying all the litigation rights of adult defendants, juvenile criminal suspects and defendants also enjoy the following Special litigation rights:

1. Statutory right of defense. The defendant has the right to obtain a defense, and the People's Court has the obligation to ensure that the defendant obtains a defense. For minor defendants who have not appointed a defender, the People's Court shall appoint a defender. This is a special protection for minor defendants’ right to defense.

2. The legal representative’s right to participate in litigation. For cases involving minors under the age of 18 committing crimes, when the public security organs and people's procuratorates interrogate minor criminal suspects, they shall notify the guardians to be present; when the trial is held, the juvenile court shall provide the minor defendants with a hearing area on the side of the defense table. Set up a seat for the legal representative of the minor defendant; a copy of the indictment should be served to the legal representative of the minor defendant, and he should be informed of the various litigation rights he enjoys. The main reasons for considering the above factors are: on the one hand, to eliminate the nervousness and fear of minors after entering the litigation process and ensure the smooth investigation and trial of the case; on the other hand, to strengthen the protection of the legitimate rights and interests of the principal by the legal agent. It can also urge judicial organs to strengthen the special protection of minors’ litigation rights and continuously improve their own work.

(2) The purpose of establishing the principle of fully protecting the litigation rights of minor criminal suspects and defendants is to urge judicial organs to fulfill their obligations to protect the litigation rights of minor criminal suspects and defendants and to conscientiously exclude Various obstacles that prevent minors from exercising their litigation rights during the litigation process shall be addressed to ensure the fair trial of minors' criminal cases.

5. The Principle of Timeliness and Simplicity

Timeliness means that at every stage of the litigation, we should try our best to gain time for prompt investigation, prosecution and trial. In terms of time requirements, it should be processed as quickly as possible than adult criminal cases. That is to say, at every stage of litigation, judicial organs and judicial personnel should handle the case in a timely manner without delay or delay. Simplicity means that the entire litigation process is conducted as simply as possible.

(1) The so-called prompt does not mean fast. Prompt prosecution requires that criminal proceedings proceed neither too quickly nor too slowly. If the litigation proceeds too quickly, it will be difficult for the prosecution and defense to fully collect materials and evidence, and to fully present claims and evidence, which will affect the ascertainment of the facts of the case and the correct application of the law. However, if the litigation proceeds too slowly, it will easily lead to delays in the proceedings, which may not only cause the loss or damage of evidence, but also damage the rights of the parties and cause a waste of judicial resources. Moreover, because most minor criminal cases are first-time offenders, occasional offenders or impulsive crimes, minors are not yet mature physically and psychologically. If the litigation time is too long, especially if the detention time is too long, it will affect their future. bring long-term adverse effects. Therefore, criminal cases involving minors should be carried out in a timely manner.

In fact, timely litigation is a principle that should be followed in any litigation. However, due to the special nature of juvenile criminal cases, the timeliness of juvenile litigation procedures needs to be emphasized even more.

(2) The timeliness and simplicity here are only relative to adults, rather than going beyond the legal proceedings and creating another set of procedures. The time limit stipulated in the Criminal Procedure Law must be strictly implemented to ensure that Minor cases are settled within the statutory time limit and the legitimate rights and interests of minor defendants are effectively protected.

6. Principle of Moderation

This principle requires that in cases of minor crimes, attention must be paid to the physical and mental characteristics of the minor criminal suspects and defendants, and the use of violent and violent methods must be avoided as much as possible. A harsh approach to litigation. If coercive measures are used as little or as little as possible, their legal representatives should be notified as much as possible during summons, interrogation and trial, and their teachers can be invited to participate when necessary.

(1) During interrogation, attention should be paid to patiently and carefully enlightening in an educational and heuristic manner, and the tone should be as gentle as possible.

(2) During the trial, the form of juvenile court should be adopted, and attention should be paid to creating a warm and gentle atmosphere in the court. In practice, some local courts adopt the form of "round table court" to hear juvenile criminal cases, which has achieved good results.

7. Principle of Comprehensive Investigation

This principle means that when judicial organs handle cases involving minors, in addition to investigating and reviewing the facts and evidence of the case, they should also investigate the consequences of the incident. Conduct a comprehensive and thorough investigation into the subjective and objective factors of adult crime and its formation, development, and evolution processes, as well as the details of the people and events that have had an important impact on the formation of the minor's special character. If necessary, medical, Identification in psychology and psychiatry. The scope of a comprehensive investigation varies from case to case and should not be too broad, so as not to delay the proceedings and be detrimental to the education and rehabilitation of minors.

(1) The contents of the comprehensive investigation mainly include:

1. All facts and circumstances that can prove whether the minor defendant is guilty and the seriousness of the crime, such as the elements of the crime, the circumstances of the crime, Evidence such as the personal situation of the minor who committed the crime and his performance after the crime, among which it is important to find out the minor’s criminal motivation and purpose;

2. Investigate the minor’s living environment and various related matters Social relations, such as family situation, parental discipline methods, school studies, social contacts, etc.;

3. Focus on investigating people who have had an important influence on the minors' development into crime during their growth. and the details of the incident, mainly referring to other relevant factors and social relationships other than the facts of the case;

4. Focus on investigating the minor’s emerging hobbies, intellectual ability, physical and mental maturity, emotional type and other personality Characteristics;

5. Find out whether minors have physical and psychological abnormalities, and whether they are medically ill or ideologically extreme or abnormal.

(2) The main purpose of establishing the principle of comprehensive investigation is to find out the subjective and objective causes that induce juvenile crimes and dismantle them to ensure that minors are thoroughly corrected and no longer commit crimes.

Legal Basis

"Law of the People's Republic of China on the Prevention of Juvenile Delinquency"

Article 53: Detained, arrested and in-laws Minors serving sentences in correctional facilities for juvenile offenders shall be detained, managed and educated separately from adults. Community corrections for minors should be conducted separately from adults. For minors who have the above circumstances and have not completed compulsory education, the public security organs, people's procuratorates, people's courts, and judicial administrative departments should cooperate with the education administrative departments to ensure that they continue to receive compulsory education.

"Criminal Procedure Law of the People's Republic of China"

Article 280 The application of arrest measures to juvenile criminal suspects and defendants shall be strictly restricted. When the People's Procuratorate reviews and approves an arrest or the People's Court decides to arrest, it shall interrogate the minor criminal suspect or defendant and listen to the opinions of the defense lawyer. Minors and adults who are detained, arrested or sentenced should be detained, managed and educated separately.

Article 281: For juvenile criminal cases, during interrogation and trial, the legal representative of the juvenile criminal suspect or defendant shall be notified to be present. If it is impossible to notify, the legal representative cannot be present, or the legal representative is a criminal, other adult relatives of the minor criminal suspect or defendant, the school, unit, grassroots organization where he or she lives, or the minors protection organization may also be notified. Representatives attended the scene and recorded the relevant circumstances. The legal representatives present at the scene can exercise the litigation rights of minor criminal suspects and defendants on their behalf. If the legal representative or other personnel present at the scene believe that the case handlers have violated the legitimate rights and interests of minors during interrogation or trial, they may provide opinions. Interrogation transcripts and court transcripts shall be given to the legal representative or other personnel present to read or be read to him. Female staff members should be present when interrogating female minor criminal suspects. In a juvenile criminal case, after the juvenile defendant makes his final statement, his legal representative may make a supplementary statement. When questioning minor victims and witnesses, the provisions of paragraphs 1, 2, and 3 shall apply.