An Empirical Study On Conditional Non-prosecution In Juvenile Criminal Cases

Before the New Code of Criminal Procedure establishes the system of Non-prosecutionof Additional Conditions in juvenile criminal cases, the procuratorial organs have alreadybegun to explore it. A district People Procuratorate of Foshan City, Guangdong Province, hasbeen committed to explore the system of Non-prosecution of Additional Conditions injuvenile criminal cases since2007. Despite achieved certain results, some problems remained.After the promulgation of the New Code of Criminal Procedure, the procuratorial organs mustbe based on it to adjust the existing mechanism. This thesis will attached to the practice of aDistrict People’s Procuratorate of Foshan City and the new provisions of the Code of CriminalProcedure to suggest some improvements with the system of Non-prosecution of AdditionalConditions in juvenile criminal cases through empirical research.In addition to the introduction, the thesis is divided into three parts, about16,000words.The first part of this thesis mainly studies the development and composition of thesystem of Non-prosecution of Additional Conditions in a district People Procuratorate. Thedevelopment can be divided into the exploratory stage and the pilot phase. In the pilot phase,the basic principles include four aspects. First, it is necessary to education, discipline as asupplement. The second is the principle of voluntariness. Third, psychological treatment andbehavioral treatment try principle. Fourth, the principle of equality. Applicable premise of thesystem of Non-prosecution of Additional Conditions includes five aspects. First, the facts ofthe case are clear and there is ample evidence. Second, there is a less serious crime and maybe sentenced to three years imprisonment, criminal detention or control. Third, the suspect hasrepented performance and would have no danger to society. Fourth, it must be the firstoffense or crime inadvertently. Fifth, there is a better family condition of supervision. Theconditions of the system of Non-prosecution of Additional Conditions mainly refers topsychological treatment and behavioral treatment of helping and educating content must becompleted within a six-month investigation period. The features of the helping and educating content includes: first, enhancing and reclaiming stumble juvenile through volunteer service;Second, introducing the psychological counseling to correct the stumble juvenile’s crimepsychological. Third, providing skills training to make the stumble teenagers have skills. Theapplicable procedures of the Non-prosecution of Additional Conditions including review,informed that the application of social investigation and psychological evaluation, approval,assistance and education, assessment, decision, declaration and admonition.The second part of this thesis would analyze the operation of the system ofNon-prosecution of Additional Conditions in a district procurator ate. Since March2009toJune2012, the procuratorate applied this system in23cases (50suspects).From the typesof cases, robbery94%,47people; crime of forcible seizure2%,1people; crime of intentionalassault2%,1people; rape2%,1people.From the age of criminal subject, the14years of age in9people accounting for18%, the15years of age in12people accounting for24%,the16years of age in17people accounting for34%, the age of17in12people, accounting for24%.From the sex ratio of the perpetrators, male42, accounting for84%,female8,accounting for16%;From the identity of the perpetrators, students21, accounting for42%,social workers29, accounting for58%;From the criminal’s domicile, Foshan local censusregister32people, accounting for64%, nonlocal census register18people, accounting for36%. The procuratorate’s practice made three outcomes: first, it is beneficial to educate and tosave the involving crime minors; second, it helps to resolve social conflicts; third, it helps toconserve judicial resources.The third part of this thesis would combined with the provisions of the New Code ofCriminal Procedure and take some suggestive opinions regarding some existing problems areproposed. In the system constitutes, it should be norms applicable conditions and adjust theapplicable procedures in accordance with the provisions of the new Code of CriminalProcedure. In the working mechanism, I put forward five suggestions for improvement. First,improving the conditions attached not to prosecute the supervision of an inspection tour;Thesecond is the establishment of the Criminal Victim Compensation Fund;The third is to createregulatory conditions for foreign charges made against minors;The fourth is to strengthen the supervision and control of the conditional non-prosecution;Fifth, assistance and educationresources to broaden with conditions not to prosecute.