The Henan Provincial Higher People's court
Henan Provincial People's Procuratorate
The Public Security Bureau of Henan Province

Relaxation method (high2013)145No.

On the issuance of "on the implementation of provisions of non custody litigation handling juvenile crime (Implementation)"

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The basic people's court in the intermediate people's court, the people's Procuratorate, municipalities (the branch), county (city, district) people's Procuratorate, the Provincial Public Security Bureau, the county (city) Public Security Bureau, Zhengzhou Railway Transportation Intermediate Courts and lower courts, the Zhengzhou Railway Public Security bureau:
In order to carry out the criminal policy of temper justice with mercy and"Education, probation, save"Policy, further regulate the public security organs, people's Procuratorate, the people's court handling juvenile crime is a non specific procedures for custody proceedings, the Provincial Higher People's court, people's Procuratorate, the Provincial Public Security Bureau jointly developed the "provisions on implementation of no litigation handling juvenile crime (for Trial Implementation)". Are issued to you, please, combined with the actual work, conscientiously implement.

The Henan Provincial Higher People's court   Henan Provincial People's Procuratorate

                       The Public Security Bureau of Henan Province

2013Years4Month22Day

On the non detention for minors in criminal cases
Interim Provisions action (for Trial Implementation)

Article 1  In order to fully implement the criminal policy of temper justice with mercy and"Education, probation, save"Policy, to further standardize the public security organs, people's Procuratorate, the people's court handling juvenile crime is a non specific procedures for custody proceedings, more effectively protect the juvenile criminal suspects, the accused person's legitimate rights and interests, according to the provisions of the criminal law, criminal procedure law and related laws, combine me the province is actual, make this provision.
Article second  The provisions of the non custody litigation, is refers to the public security organs, people's Procuratorate, the people's court in criminal proceedings, in accordance with the law and the specific situation of the case, to the juvenile criminal suspects, defendants eligible, in does not take the criminal detention, arrest and other compulsory measures case on file for investigation, the prosecution, the trial judge mode of litigation.
As mentioned in the present Provisions juvenile criminal suspects, defendants, refers to the action of the persons under the age of eighteen. The suspect, the defendant in the implementation of crime under the age of eighteen, in the course of the proceedings has reached the age of eighteen, according to the specific circumstances of the case the above provisions shall apply.
Article third  To the juvenile criminal suspects, defendants for non custody proceedings, shall comply with the following principles:
(a) to maximize the protection of the legitimate rights and interests of minors;
(two) ensure the normal criminal procedural activities;
(three) positive application combined with strict scrutiny;
(four) the unity of legal effect and social effect.
Article fourth  Application of non custody litigation object should be the offence is a minor one, according to the law may be sentenced to three years in prison, detention (with probation), control, single additional punishment or exempted from criminal punishment of juvenile criminal suspects, defendants.
Article fifth  The juvenile criminal suspects, defendants for non custody proceedings, shall also meet the following conditions:
(a) the crime can be verified;
(two) not involved in other major crimes;
(three) confession of crimes, performance of repentance;
(four) the legal representative, close relative or the school, community, village committee and other units or organization has a regulation, rehabilitation conditions;
(five) no destruction, forgery, transfer, concealment of evidence, witness testimony, interference of collusion or take revenge behavior implementation;
(six) shall not be detained without causing other social risk.
Article Sixth  The juvenile criminal suspects, the accused is under any of the following circumstances, is not suitable for non custody proceedings:
(a) suspected of crimes of endangering national security;
(two) suspected of terrorism crime;
(three) suspected of the crime of the underworld organization;
(four) suspected of serious crimes of violence;
(five) the subjective malignant, no repentance;
(six) several suspected criminal or suspected of multiple crimes;
(seven) the other should not be applicable to non custody proceedings.
Article seventh  The public security organ for investigation, discover the case in accordance with the provisions of article fourth, article fifth cases, must carry on the investigation in the case of non custody.
The public security organ for investigation, found the suspect in accordance with the provisions of article fourth, while fifth cases, but deems it necessary to arrest, may apply to the people's Procuratorate for approval of arrest, it shall provide relevant evidence to prove the necessary arrest. The people's Procuratorate by public security organs for approval of arrest cases, after review that the arrest without the necessary, should be made not to approve arrest decision at the same time, to explain the reasons to the public security organ. The public security organ that arrest without the necessity of non approval of the people's Procuratorate the arrest of suspect in custody, should not the case further investigation.
Article eighth  The public security organ to apply non custody proceedings investigating minor criminal suspects, decided to the people's Procuratorate for examination and prosecution, shall be transferred to the file. The people's Procuratorate shall not accept the suspect is not in custody.
The people's Procuratorate shall in whether the proposed agreement applicable to non custody proceedings examination opinions within seven days after acceptance. Agree to the application, notify the public security organ of the suspects will be summoned to the people's Procuratorate, the people's Procuratorate suspects to apply for bail, residential surveillance procedures; deems it necessary to arrest, a people's Procuratorate in accordance with the procedure of examination and approval of arrest made the decision of arrest.
Article ninth  The people's Procuratorate of the juvenile defendant for non custody proceedings examine end, decided to initiate a public prosecution in a people's court, should first to file. The people's court shall be inadmissible to the defendant has not detained by.
The people's court shall in whether the proposed agreement applicable to non custody proceedings examination opinions within seven days after acceptance. Agree to the application, notify the people's Procuratorate to the accused person summoned to the people's court, a people's court according to law for the defendant to apply for bail, residential surveillance procedures; do not agree to apply, by the people's Procuratorate the accused person summoned to the people's court, the people's court decided to arrest the defendant, and decided to arrest decision to the public security orga.
Article tenth  The public security organs, people's Procuratorate, the people's court has been detained, arrested the juvenile criminal suspects, defendants, that conform to the provisions of article fourth, article fifth of the situation, can change the compulsory measures.
Article eleventh  The public security organs, people's Procuratorate, the people's court for violation of "law of criminal procedure" sixty-ninth, the provisions of article seventy-fifth, the juvenile criminal suspects, defendants influence normal litigation cases, according to legal procedures of criminal detention, arrest.
Article twelfth  The public security organs, people's Procuratorate, the people's court for non custody proceedings, shall strictly implement the provisions of. To should not be applicable to non custody proceedings, and breach of privilege, favoritism or seriously irresponsible, illegal detention for non litigation, resulting in serious consequences, according to the law and discipline accountability; due to objective reasons can not be normal litigation cases, the undertaker has no fault, not held accountable.
Article thirteenth  The people's court hearing a case of private prosecution, the application of minors accused of non custody litigation, regulations.
Article fourteenth  The Henan Provincial Higher People's court, the people's Procuratorate of Henan Province, the Henan provincial public security department shall be responsible for the interpretation of.
Article fifteenth  The provisions from the date of issuance of the trial.