Study On The System Of Non-prosecution Of Minor Attached Conditions

Juvenile criminal suspects are different from adults in psychology,criminal motives,and criminal purposes.As a special type of subject,they should be different from adults in the judicial position.The conditional non-prosecution system established by the new Criminal Procedure Law in 2012 is the guarantee of implementing the policy system of "education,persuasion,and rescue".In the practice of the five grassroots procuratorates in L city,only 6.1% of the cases are applicable to the system of conditional non-prosecution of minors,and the cases are mostly theft and robbery,which presents a typification phenomenon.Throughout the practice in other parts of China,there is also a problem of small application proportion,which fails to give full play to the function of the system to protect the interests of minors.The first applicable crime is limited to the fourth,fifth and sixth chapters of the Criminal Code,excluding the application of other crimes with lighter crimes;The second is that the applicable sentence range is the one that may be imposed for up to one year of imprisonment,which further limits the scope of application;Third,the establishment of a special teaching and inspection agency has led to the unity of the three powers of power after the decision,implementation,and implementation of the procuratorial organs,and it does not comply with the principle of division of powers;Fourth,there is no perfect social support system to carry out the study.Finally,due to the lack of corresponding financial support,resulting in difficulties in practice.Therefore,in order to ensure the proper function of the conditional non-prosecution system,the scope of application of the conditional non-prosecution system should be expanded,and the crimes that seriously endanger the security of the state and public security should be excluded by excluding the applicable provisions.Clearly applicable sentence range is "the statutory punishment of three years of fixed-term imprisonment of less than".It is clear that the community correction institutions,as the main body of the help and education inspection,will jointly build a complete social support system with other social forces,and at the same time increase funding to ensure the smooth completion of the help and education work,and finally achieve the purpose of truly saving minors.