| Non-prosecution with additional conditions of Minors, refers to the procuratorial organs in accordance with the applicable range and conditions of the provisions of the criminal procedure law, the spirit of education and the purpose of rescuing, on the basis of overall investigation, hearing the victim and close relatives, agent ad litem, the public security organ, crime of minors and its legal representative, the opinions of the defender, make crime of minors and their legal agents, counsel agree, decided to some additional conditions in a certain period of time, if after the expiration of the conditions have been performed or not in violation of, is not for the prosecution system. The main body of the system including the specialized agencies, the parties and the main participants, with range, specific conditions and the period of study, the final results for object specific and limited application of uncertainty. The value of tool and the value of human rights is the value orientation of non-prosecution with additional conditions of Minors system. The state of juvenile criminal policy, criminal procedural efficiency, special prevention of penalty ideas and restorative justice model are minors non-prosecution with additional conditions of Minors system based. Learn from foreign legislation, to the benign interaction between legislation and Practice for improving the system foundation, with a clear division of labor in close cooperation with the guarantee for the smooth operation for the system, the crime involving minor as the center into the system obtains the actual effect the key.The criminal procedure law revised in2012, the minor system of non-prosecution of additional conditions were in accordance with the initial decision, investigation, finally decided to three implementation steps. The initial decision procedure should be procuratorial organs investigation, make an initial decision based on the parties to listen to the views of the public security organs and, and accept supervision. The investigation of the link is the core of the non-prosecution of additional conditions system of the minors, related to the success or failure of the operation of the system. Conditional, refers to the procuratorial organs decide on the crime of minors to start the non-prosecution of additional conditions, to be clearly defined the matters which should abide by during the expedition and shall perform the behavior. To be the conditional not to prosecute minor point of view, in accordance with the conditions of the performance of passive and active, can be conditional divided into passive, passive and active study condition, active study conditions. When the investigation after the end of the period, the focus of the work is to summarize the activities, evaluation of scientific rational on the whole system operation. The final decision procedure includes assessment and duly made two links. The law because scruple long, affecting the efficiency, there is no final decision on procedures set up supervision and relief mechanism. But we can be completely unreasonable objection excluded, while giving the body includes both parties, the public security organs, put forward different views on the right of the final decision. |
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