On The Completements Of The Minor Conditional Non-prosecution

On March14,2012,National People’s Congress held the "Decision on Amending<People’s Republic of China Criminal Procedure Law>" and determine the new "Codeof Criminal Procedure" will be implemented from January1,2013.The new CriminalProcedure Law for the characteristics of juvenile delinquency, first introduced in theminors conditional non-prosecution system. The system has a milestone meaning inestablishing the field of criminal legislation, it is our future conditionalnon-prosecution of minors applicable case provides a clear legal support reflects ourcriminal policy of combining punishment with leniency.Minors conditional non-prosecution system is based on the juvenile suspectsrepentance circumstances whether its prosecution of a discretionary system. Forspecific cases of juvenile delinquency, according to juvenile suspects pleaded guiltyattitude circumstances of the crime and show repentance, prosecutors set a certainperiod of the study period and produce a corresponding inspection conditions,ultimately based on its juvenile suspects the performance of its people to decidewhether to prosecute."Criminal Procedure Law" Section271,272and273,respectively, provides for conditional non-prosecution of minors applicable objectsystem, scope, duration and conditions of supervision and inspection, juvenile suspectsto be followed during the review period requirements and conditions attached decisionnot to prosecute for the revocation of any condition.The new Criminal Procedure Law for minors conditional non-prosecution systemrequirements can be said for the previous regime not to prosecute a major leap forward,with positive values of social justice and legal efficiency significance. Establishment ofminors conditional non-prosecution system aims to make part of the less serious crime,with minor manifestations of repentance from the guilty verdict, as soon as possibleout of the criminal justice process, so that juvenile suspects will not be served therebylosing school or employment opportunities. Meanwhile, in view of minors moresusceptible to the environment, if you go to prison or jail sentences are more easilyassimilated inside the prison staff, resulting in "cross-infection." The establishment ofthis system is not only conducive to juvenile suspects early return to society, but alsoreflects China’s current temper justice with mercy criminal policy. Minors-conditional non-prosecution system is a major reform of the criminal justicesystem, but also an enormous challenge. Although the new Criminal Procedure Law ofminors conditional non-prosecution system makes provision, but that provision is stillnot perfect. The new Criminal Procedure Law is only for minors conditionalnon-prosecution system has made general provisions in judicial practice, but alsojudicial staff, depending on the case, combined with a mature foreign legislativeexperience, targeted not applicable adult conditional non-prosecution system.