The Conception Of China's Public Prosecution Policy On Cases Involving The Commission Of Crimes By Minors

With the change of the situation of minor's offending nowadays, it is necessary to enrich and develop the policies and measures dealing with such cases and to form a special prosecuting policy to those minors. The purpose is to protect the rights of those minors more sufficiently and make the protecting system more scientific and reasonable.1.The principle of overall investigation. When dealing with cases involving the commission of crimes by minors, the subjective and objective reasons, which lead them to crimes, should be found out, as well as the evidence itself in the cases. It should be investigated that how the persons they met and the books they read affected their character. At the same time their family, schools and units should be asked. The best way of settling is based on the consequence of investigation. The author believe the following should be made sure: at first, the overall investigating rights of the people's procuratorate and the overall investigating engagement of the prosecuting section should be established; the second, the conclusion of overall investigation should be considered as evidence and have legal force. Prosecutors'investigation report is based on facts, reflects the objective nature of evidences and is made according to law, so it has legal force.2 . The principle of divisional settling. In the case involving the commission of crimes by minors and adults, minors and adults should be settled divisionally. The meaning is that the difference between minor offenders and adult offenders is faced and avoid applying the common justice system and prosecuting method mechanically which should be applied to the adult criminals.3.The principle of prudent application of detention before judgment. When dealing with cases involving the commission of crimes by minors, the people's procuratorate should stick to the principle of non-detention and prudent detention. There are no limited regulations about detention applied to minors in China's criminal procedural law. The author considers the procurators should stick to the principle of prudent detention on minors and adjust the compulsory measures in time. This principle should also be written in procedural law in order to sufficiently safeguard the legal rights of the minor suspects.4.The principle of simplifying procedure and shortening time. The investigation, prosecution and judgment on minors should be made rapidly. The prosecuting procedure should be simplifying. So the time of investigation, prosecution and judgment is shortened, by simplifying the whole prosecuting procedure. The purpose is to avoid hurting the minors'body and mind negatively who are involved in the justice system. The author believes this principle should be improved by: at first, the authorities confirm in paper that special organs should be set to settle cases involving minors; the second, the qualifications and regulations for settling such cases should be made to simplify the procedure and to try such cases rapidly.5.The principle of protecting the minors'procedural rights. The people's procuratorate should assure minor offenders can perform their procedural rights. The author considers China should improve the criminal prosecution system of minors as following: at first, permit more family member on the scene when interrogating an minor offender; the second, make designated defending available on the reviewing to prosecution period, which is not only able to protect the minor's rights but conforms to criminal justice humanism.6.The principle of the priority of discretionary non-prosecution. The people's procuratorate applies the priority of discretionary non-prosecution to those minors who have committed crimes but don't need impose penalty in some cases. The minor suspect will be so educated and moved that they can reduce the obstacles to return to the society. But in justice practice, the priority of discretionary non-prosecution is seldom applied to the minor suspect. The author considers the criteria of non-prosecution on minors should be improved. The range of application should be enlarged to distinguish the minor offenders from the adult offenders. Concretely speaking, the following conditions should be met at the same time when a non-prosecution decision is made: the circumstances of the case are not serious; the subjective condition is available, that is, those who can control themselves, admit and regret to the crimes they have committed may not be prosecuted; the objective condition is available, that is, those minor offenders can get guardianship and educational conditions from society after the application of non-prosecution and they won't endanger the society any more. Besides the victim's pity and forgiving is another main condition.7.Sentencing universally applicable policy. That the prosecutor before a magistrate at the sentencing process but, in consideration of minors accused of crimes, nature and on the basis of criminal cases, the accused shall be sentenced to minors on the specific penalties, including criminal types, terms, the amount of a fine, make specific recommendations to the court as a magistrate court sentence reference. People's Procuratorate correct use of the applicable penalties for minors accused sentence, limiting the discretion of judges as an important part of the abuse. However, in practice, the people's procuratorates exercise of this authority is not comprehensive enough and norms In my opinion clear from the following improvements : a minor penalties proposed by the main, the timing and the application of the sentencing stage of the case; Sentencing minors, the law should follow the principles set forth The specific penalties will be recommended; Note not to adopt the proposal clearly stipulates the principles of sentencing; Sentencing clear standards, standardized sentencing recommendations to avoid arbitrariness in the exercise; correct use of a suspended sentence recommendations applicable to the minor.