Chinese law to clarify procedure of juvenile cases

From: Xinhua Updated: 2014-04-22 09:29
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BEIJING, April 21 (Xinhua) -- A draft interpretation to China's criminal procedure law was tabled for reading on Monday to clear up ambiguities in juvenile cases.

The bill aims to clarify what victims should do if they do not agree with prosecutors about dropping a charge against a juvenile suspect, said the bill, submitted to the bimonthly session of the Standing Committee of the National People's Congress (NPC) from Monday to Thursday.

The current criminal procedure law allows prosecutors to drop a charge against a juvenile suspect if he or she shows remorse for a minor crime that may only lead to a sentence of less than one year.

But it also allows victims of all cases to file a lawsuit themselves even if prosecutors decide not to prosecute.

The bill makes clear that in a juvenile case if the victim does not agree and want to complain, they will turn to higher-level prosecutors and are not allowed to go to court themselves.

But prosecutors should fully consider the opinions of the victims before they decide not to charge.

To apply conditional nol-pros on a juvenile criminal suspect, the legal system wants to give a second chance to a young offender and try its best to educate and save him or her, said Lang Sheng, deputy head of the Legislative Affairs Commission of the NPC Standing Committee, when elaborating on the bill to lawmakers.

"It is not appropriate to allow victims to sue after prosecutors have fully considered the case and dropped the charge," Lang said.

The bill also clarifies two other issues about suspects breaking bail conditions and residential surveillance and convicts who serve terms outside prison.

 

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