Trial implementation of Article 25 of the Code of Criminal Procedure for Minors

In handling juvenile criminal cases, we should implement the policy of education, probation and salvation, and adhere to the principle of giving priority to education and supplementing punishment. In the process of handling cases, we should fully protect the legitimate rights and interests of minors, respect their personal dignity and avoid causing unnecessary harm to them.

First, the particularity of juvenile criminal proceedings

Because of the immaturity of psychology, physiology and cognition, minors are easily influenced by the outside world and thus embark on the road of crime. Compared with adult criminal cases, juvenile criminal cases have their own particularity, such as simple criminal motives, simple criminal means and light criminal consequences. Therefore, when handling juvenile criminal cases, procuratorial organs should fully consider the particularity and plasticity of minors and adopt a more gentle and humane way to deal with them.

Two. Interpretation of Article 25 of the Guiding Principles of Juvenile Criminal Procedure (Trial)

This article stipulates that procuratorial organs should carry out the policy of education, probation and salvation in handling juvenile criminal cases, and adhere to the principle of giving priority to education and supplementing punishment. The specific contents include:

1. Provide psychological counseling to juvenile criminal suspects, understand their criminal motives and psychological state, and help them understand their mistakes and establish correct values.

2. Conduct legal education for juvenile criminal suspects, enhance their legal awareness and concept of the rule of law, and prevent them from committing crimes again.

3. Investigate the family, school and social environment of juvenile criminal suspects, understand their growth background and influencing factors, and provide the basis for formulating personalized assistance and education measures.

4. In the process of handling cases, pay attention to protecting the privacy and reputation of juvenile criminal suspects and avoid causing unnecessary harm to them.

Third, the practical significance of juvenile criminal procuratorial work

Following the provisions of Article 25 of the Guide for Criminal Prosecution of Minors (Trial), procuratorial organs can better show their care and protection for minors when handling criminal cases of minors, and promote their rehabilitation and return to society. At the same time, it also helps to maintain social stability, reduce the occurrence of crimes and achieve social harmony.

To sum up:

Article 25 of the Guiding Principles of Juvenile Criminal Procedure (Trial) embodies the principle of special handling of juvenile criminal cases, emphasizing the policy of education, probation and salvation, aiming at protecting the legitimate rights and interests of minors and promoting their reform. When handling such cases, procuratorial organs should fully consider the particularity and plasticity of minors, and adopt a more gentle and humane approach to achieve the unity of legal and social effects.

Legal basis:

Guide to Criminal Prosecution of Minors (Trial)

Article 25 provides that:

In handling juvenile criminal cases, we should implement the policy of education, probation and salvation, and adhere to the principle of giving priority to education and supplementing punishment. In the process of handling cases, we should fully protect the legitimate rights and interests of minors, respect their personal dignity and avoid causing unnecessary harm to them.

Law of People's Republic of China (PRC) on the Protection of Minors

Article 54 provides that:

For minors who violate the law and commit crimes, the policy of education, probation and salvation shall be implemented, and the principle of giving priority to education and supplementing punishment shall be adhered to. Minors who violate the law and commit crimes shall not be discriminated against in terms of further education and employment after being punished according to law.

Criminal law of the people's Republic of China

Article 17 stipulates:

A person who has reached the age of 16 commits a crime and shall bear criminal responsibility. A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility. If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility. If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment. If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law.