Research On Arrest Examination Procedure In Juvenile Criminal Cases

Juvenile justice system plays a crucial role in the process of rule of law. Nowadays, there is a heated discussion about juvenile justice system in legal theoretical field, and some new achievements have been made in the judicial practice. However, studies on arrest examination procedure in juvenile criminal cases are relatively few in number. While constructing and perfecting arrest examination procedure in juvenile criminal cases, juveniles’ characteristic shall be considered in order to promote the healthy development of juveniles.This paper is illustrated from four parts as follows:The first chapter introduces current situation and relevant laws, judicial interpretations concerned with arrest examination procedure in juvenile criminal cases in China, as well as international conventions and treaties into which China has accessed. Article 269 of the criminal procedural law legislated in 2012 clearly stipulates that with regard to a juvenile criminal suspect, the application of arrest shall be strictly restricted, and more detailed provisions can be found in relevant judicial interpretations. However, there are still several existing problems in arrest examination procedure in juvenile criminal cases in China:Firstly, special protection of juveniles is sufficient. Arrest examination procedure in juvenile criminal cases is basically the same with adult criminal cases. At present, there are no special criminal substantial law and procedural law for juveniles, and current laws on juvenile protection are dispersive. Conditions of arresting juvenile suspects are identical with arresting adult suspects, which is adverse to the legislative spirit that prosecutors shall provide special protection to juveniles in arrest examination procedure.Secondly, arrest examination procedure in China is an administrative process rather than a litigation procedure in appearance. The people’s procuratorate secretly examine case materials transferred by investigation organs and decide whether to approve or disapprove the arrest. Special provisions about arrest examination procedure in juvenile criminal cases are stipulated in criminal procedural law, so as to promote the equal participation of investigators and suspects. However, there are some problems are not clearly defined, for example, whether the investigators shall be present; how can lawyers participate in the arrest examination procedure; whether the prosecutors shall hear the opinions of investigators and suspects simultaneously; whether a hearing shall be held to examine necessity of arresting the suspect.Thirdly, social forces have not fully functioned. Juvenile suspects often don’t have stable financial resources, effective guardianship and supervision places. Meanwhile, they can’t provide a guarantor or pay recognizance in most cases. Without perfect social participation to provide eligible guarantee, effective help and education, the people’s procuratorate tend to approve the arrest, which lead to high detention rate of outside juvenile suspects.The second chapter elaborates extraterritorial juvenile criminal judicial system and arrest examination procedure. Arrest and detention are usually separate in most legal countries, and detention is only applied as an exception which shall be decided by judges after hearing. Juvenile judicial system, arrest and detention system in Britain, the United States, Germany and Japan provide some helpful references to solve problems of arrest examination procedure in juvenile criminal cases, especially appropriate adult participation system, risk assessment system, detention hearing system, special help and substitutive measures of detention for juveniles in aforesaid countries.The third chapter concerns with some beneficial reforms and explorations about arrest examination procedure in juvenile criminal cases in judicial practices of China. In consideration of advanced extraterritorial experiences and actual local situations, procuratorate organs in China carried out a few useful reforms, such as the establishment of specialized procuratorate organs for juveniles, social investigation and risk assessment, participation of lawyers and social forces in arrest examination procedure. These measures have made positive effects on reducing arrest rate and protecting suspects’ rights in juvenile criminal cases.The fourth chapter proposes some suggestions to perfect arrest examination procedure in juvenile criminal cases. Based on successful extraterritorial experiences and beneficial reforms in Chinese judicial practices, suggestions are put forward from three aspects as follow:At first, content and subject of social investigation shall be specified, and risk assessment system with respect to releasing juvenile suspects shall be established and perfected. Meanwhile, it is advised to promote impartiality of arrest examination procedure in juvenile criminal cases by ensuring the participation of investigators and suspects, establishing detention hearing procedure held by prosecutors, and perfecting detention necessity review system after arresting juvenile suspects. Last but not least, the mechanism of social participation shall be improved. On the one hand, the judicial administrative organs, which are responsible for the coordination and management of helping and educational activities, should set up special helping and educational organizations. On the other hand, the procuratorate organs can cooperate with relevant government functional departments, local enterprises, social organizations and other social forces, and set up observation and protection bases to educate, manage and inspect juvenile suspects.If feasible and effective, reform measures for arrest examination procedure in juvenile criminal cases can be considered to apply to slight adult criminal cases and maybe all criminal cases, in order to promote perfection of the whole criminal justice system.