Reason for not being prosecuted in the attached conditions
February 15, 2023 09:44 Source: "China Social Sciences", February 15, 2023, Issue 2590, Issue 2590

As a special protection system for minors,The attached conditions are not prosecuted in the "Special Procedure" of the Criminal Procedure Law for more than ten years,But the prosecutor、Judicial case personnel、Lawyers and the general public do not understand the regulations,As a result, the applicable rate is not high、Insufficient implementation of supervision and inspection、Standardize the problems of hard stereotypes。To implement "Education、Extinction、Save "concept,Further enhances the execution effect of non -prosecution conditions involved in the crime,Need to from the theoretical basis、Key measures and governance arts, do not prosecute the conditions of the attached conditions。

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Discussion on the cause of juvenile crime,It has a vital impact on the practice of juvenile judicial diversion。As early as the late 19th century,Ecological theory is widely used to explain the criminal behavior of young people。This perspective emphasizes the close relationship between the crime of youth and the ecological environment of its family and the community.,So people,Solving the crime of youth should start with improving the family and community environment。Subsequent,Medical theory has launched a challenge to ecological theory,This has formed another main clue to understanding youth crimes -medical models are very concerned about genetic biological basics,and integrate with mental illness,Formed an individual interpretation of juvenile crimes。Especially since the 1980s,A series of scientific research results were formed around the physical and mental characteristics of minors。Believe in psychologists,Jeoster adventure behavior and seeking stimulus tendency are the unique issues of adolescence,With age, it will disappear naturally。bet365 live casino games Neuroscience Studies Discovery,The maturity of the brain development and operation of individual individuals is not as mature as adults。Research results of development psychology also proves,Minor is decision -making ability、Capability to deal with adverse environmental impacts and external pressure,and personality、Value and the formation of the same sex are far less than adults。

Affected by ecological theory,Tag theory prevailed in the 1950s reminds people,Police arrest and court sentence sentence,It will have a pre -brand imprint for adolescents。The process of adolescents from "first cross -track" to "secondary cross -track" to "habitual cross -track" process,Teacher、Judge、Police and other "important others" played an important role in it。Therefore, the advocate of the label theory emphasizes,Don't easily send teenagers into the criminal judicial system,so as not to cause more re -criminals and adult criminals。Another,Social Structure Theoretical School Consid by,The behavior of young people is essentially an alternative action,Director of legal opportunities and means to achieve legitimacy goals is limited。In order to reduce these possibilities of crimes in education and occupation of unfavorable status,Should develop a series of special education and vocational training plans,to improve the social status of these teenagers。Asian culture theory points out,Long -term interaction between young people with low social status,It will form some special action rules and value targets,This will cause impact and damage to the mainstream value,The response method should be a targeted education counseling plan,Realization of them for them。

Although these theories have different perspectives,Even in the focus of solving problems, conflicts with each other,But it does not prevent them from unanimizing the uniqueness and plasticity of young people。Therefore, the judicial department of minors should also be different from adults,More judicial practice starts with protection Bet365 lotto review and education,This constitutes the basic theoretical basis for non -prosecution conditions for minors。

  Examination and help: Key measures that are not prosecuted with conditions

The theoretical discussion of the cause traceability reveals juvenile judicial: youth criminal control,It should take into account personal correction education and improvement of social environment。Many empirical research industry abroad has proven,The imprisonment system does not achieve the ideal effect in solving the problem of crime。Reformists call for the launch of a series of de -institutionalized community service projects to replace it,It aims to include light crimes and first criminals into community projects for rehabilitation and correction,Especially excluding micro -crime teenagers outside the institutionalized judgment。These community projects mainly include two categories: one is the psychological and behavioral therapy project at the individual level; the other is the community service at the environmental level、Sports and Entertainment Projects。Carry out supervision and education through community workers,Guide the crime error minor to give back to the community、Return to society。Visible,The judicial turnover is not regardless of the crime or wrong after a paper declaration.,Instead of using non -judicial channels,Get better education correction effect with a gentle means。

Procuratorate announced that it will not be prosecuted on the conditions of minors involved in crimes,does not mean "one of the one",Instead of implementing the later inspection and help,This is also a manifestation of the active responsibility of the procuratorial organs。According to Article 283 of the Criminal Procedure Law,Procuratorate shall conduct supervision and inspection of minor criminal suspects who have not prosecuted conditions。In this case,Procuratorate needs to mobilize home extensively、School and social organizations and other related subjects for the power,Actively participate in the supervision Bet365 app download and education of the suspect。On the one hand, create a healthy and safe environment as much as possible,Make sure minors continue to be socialized; on the other hand, they can also cherish opportunities,The motivation for spontaneous formation to change bad psychology and behavior,and actively make changes。As for the content of supervision and inspection,The Criminal Procedure Law and the Criminal Procedure Rules of the People's Procuratorate (2019) have clear regulations,Generally speaking, it can be divided into two categories: active advocacy education correction and negative prohibition of behavior constraints。The former includes if you accept psychological counseling、Participate in public welfare services、Receive correction activities such as related education,Apologies for compensation、Repair activities such as damage compensation,There are also protective observation activities such as abstinence treatment; the latter includes if it is forbidden to enter related places、It is forbidden to leave specific areas and other regulations。

The effect of supervision and inspection effect,depends on the inspection help to teach personalization、Professional and social implementation process。First,Examine the formulation of the formulation of teaching content,It is necessary to combine the situation of each attached condition that will not be prosecuted involved in the crime,Take the corresponding educational correction measures。Next,Practitioners should be professional,We must adhere to the minor judicial justice with "actor" as the core,Follow the future of minors,Help it return to society through education correction。again,Help to implement the subject should be social,To integrate social resources,Establish a comprehensive social support system。As shown in Guidance Case No. 104,Five people are crimes together,But the prosecutor and judicial social workers determine the common "correction point",At the same time,It also studies bet365 Play online games the personalized "correction point" for different personal characteristics。Because of this,Judicial social workers "respect", "individualization" and "people in the situation" and other professional characteristics and advantages are fully manifested in the inspection help,Therefore, it becomes an important partner of the procuratorial organs。

  Kuan Yan Xiangji: The art of governance without prosecution

In order to ensure the effect of inspection and help,Judicial governance methods that are not prosecuted with conditions shall be retracted。According to Article 283 of the Criminal Procedure Law,Need to be based on the nature of the crime of minors、Setting of the plot and subjective malignant sizes set the attachment period of less than one year and less than one year.。During this period,The attached conditions do not sue minors to comply with relevant regulations,and accept correction and education in accordance with the requirements of the procuratorial organs。Growth experience controlled according to social surveys、Crime causes and monitoring education,Prosecutors have been accurately evaluated,Requires the condition that the object will not be prosecuted regularly submits the ideological report、Receive inspection help teaching, etc.。About the relevant provisions during the inspection period,It will become a premise that will not be sued in the end。Of course,The deadline for not prosecution is not unchanged as declared 10 %,It will stop due to different situations、Extend or shorten。

According to the Provisions of the Criminal Procedure Law,If the minor implemented a new crime or discover leakage during the inspection period、Violation of Public Security Management Regulations,or violation of the attachment of the procuratorial organs,The serious plot,The attached conditions will be revoked and will not be prosecuted,Public prosecution in accordance with the law。"Conditions",Is it to measure whether the criminal minor has changed from the new、Standard for returning to society。"Serious plot" is an important basis for the procuratorial Bet365 app download organs to decide to withdraw from the conditions and not prosecution。Determine whether the plot is serious,It is necessary to combine the number of times and specific circumstances that violate the regulatory and management regulations,and whether the sin is wrong with the awareness of repentance to comprehensively consider。If the attached conditions are not prosecuted, the prohibited regulations of the inspection and supervision are repeatedly violated during the test period,or escape for no reason、Refusal to accept instructions and supervision and management regulations of correction and education,There is still no change after strengthening the teaching measures after the procuratorial organs have strengthened their teaching measures,or reminders of training commands、Psychological guidance and other measures still have no regret performance,It means that inspection helps invalidation,The attached conditions will be revoked and will not be prosecuted,Public prosecution。Procuratorate conducts re -risk assessment during the inspection of the attached conditions without prosecution.,To judge the effectiveness of the inspection and help,Finally decided to take adjustment of teaching measures to extend the inspection period,Still withdrawing the attached conditions without prosecution and re -prosecution。If the conditions are attached, the object is not prosecuted to perform well during the help of the teaching period,Facing the exam again、Key nodes in life and other life,In order not to affect its normal return to society,Help it adapt to the role change as soon as possible,can also shorten the inspection period,The principle of implementing juvenile justice "the most conducive to minors"。The attached conditions are not prosecuted so tight、Elastic features of wide and strictness,Can achieve a more scientific classification response to minors involved in sin。

You should recognize,Criminal minors are harmfuls of society,Also a victim bet365 Play online games of a bad social environment。Therefore, the "unicorn drama" of the prosecutor's "unicorn" for prosecutors ",but family、Community、Social Organization, etc., "Concerto" jointly compiled with the judicial organs。Only multiple parties,Only the effective protection network can be returned to society for minors involved in sin。

  (This article is the Legal and Service Strategy Research on Criminal Judicial Social Work in the Jiangxi Provincial Social Science Foundation of the Jiangxi Province "(20SH13) phased achievement)

(Author Unit: School of Political Science and Law, Jiangxi Normal University)

Editor in charge: Chen Jing
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