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Notice by the Supreme People's Procuratorate of Issuing the Eight Measures of Procuratorial Organs for Strengthening the Judicial Protection of the Minors | | 最高人民检察院关于印发《检察机关加强未成年人司法保护八项措施》的通知 |
| (No. 3 [2015] of the Supreme People's Procuratorate) | | （高检发诉字[2015]3号） |
| The people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government; and the People's Procuratorate of Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市人民检察院，新疆生产建设兵团人民检察院： |
| In recent years, procuratorial organs at all levels have achieved good legal effects and social effects through enhancing the legal awareness and sense of responsibility in respect of the protection of minors' rights and interests and strengthening the construction of the specialization and institutionalization of procuratorial work related to minors. For the purposes of intensifying the judicial protection of minors, ensuring the effective implementation of the regulations of the state on the protection of minors, and maximizing the role of procuratorial organs in the protection of minors, the Supreme People's Procuratorate has developed the Eight Measures of Procuratorial Organs for Strengthening the Judicial Protection of the Minors, which are hereby issued to you for your earnest implementation. | | 近年来，各级检察机关增强保护未成年人权益的法制观念和责任意识，加强未成年人检察工作专业化、制度化建设，取得了良好的法律效果与社会效果。为进一步做好未成年人司法保护工作，保证国家未成年人保护法规落到实处，更加充分发挥检察机关在保护未成年人中的作用，最高人民检察院制定了《检察机关加强未成年人司法保护八项措施》，现印发你们，请认真贯彻执行。 |
| Supreme People's Procuratorate | | 最高人民检察院 |
| May 12, 2015 | | 2015年5月12日 |
| Eight Measures of Procuratorial Organs for Strengthening the Judicial Protection of the Minors | | 检察机关加强未成年人司法保护八项措施 |
| I. Severely punishing all kinds of crimes infringing upon the minors. The crimes that seriously infringe upon the minors' physical and mental health and lawful rights and interests such as the crimes of sexually assaulting, abducting, kidnapping, abandoning, hurting and maltreating the minors and instigating, coercing, luring and using the minors to commit crimes, which are committed by adults, shall not be tolerated, and arrest shall be approved and lawsuits shall be filed in a strict and rapid manner in accordance with the law, prosecution against the accused shall be reinforced, the deterring role of laws shall be maximized, and the evil conduct on the minors shall be resolutely curbed. At the same time, the investigation and punishment of duty-related crimes in terms of infringements upon the minors' rights and interests and lack of diligence in the implementation of minor protection rules shall be strengthened, the corruption crimes such as embezzling, misappropriating, and illegally granting special aid and relief funds to the minors shall be severely punished in accordance with the law, and if any staff members of the state find or should have found the infringement or possible infringement upon the rights and interests of the minors and should have taken measures but haven't, which leads to the heavy injury, death or any other serious consequence of the minors, such conduct shall be investigated and punished in a timely manner in accordance with the law, so as to ensure the state's effective implementation of the legal provisions and welfare policies on the protection of the minors. | | 一、严厉惩处各类侵害未成年人的犯罪。对成年人性侵害、拐卖、绑架、遗弃、伤害、虐待未成年人以及教唆、胁迫、诱骗、利用未成年人犯罪等严重侵害未成年人身心健康和合法权益犯罪，坚持零容忍态度，依法从严从快批捕、起诉，加大指控犯罪力度，充分发挥法律威慑和震慑作用，坚决斩断伸向未成年人的黑手。同时，加大对侵害未成年人权益、怠于落实未成年人保护制度方面职务犯罪的查处力度，依法严惩侵吞、挪用、违法发放未成年人专项救助、救济资金等贪污犯罪，对国家工作人员发现或者应当发现未成年人权益受到侵害或可能受到侵害，应当采取措施而未采取措施，导致未成年人重伤或者死亡等严重后果的，应当依法及时查办，保证国家对未成年人保护的法律规定、福利政策落实到位。 |
II. Endeavoring to protect and salvage the minor victims. Various litigious rights of the minor victims and their legal representatives such as the right to participate and the right to know shall be protected in accordance with the law, and the right of reputation, right of privacy and other lawful rights of the minor victims shall be protected, so as to avoid “secondary damage” caused in the handling of cases. For criminal cases such as those on sexual assault to the minors, qualified local procuratorial organs may establish the simultaneous video and audio recording rules for inquiring of the minor victims together with public security authorities. At the same time, they shall attach importance to strengthening the contact and cooperation with judicial, civil affairs, education, health and other relevant departments and minor protection organizations, promote the implementation of legal aid, judicial relief, health recovery, psychological counseling, transfer and resettlement, skill training, economic assistance and other comprehensive relief work, and make great efforts to help the minor victims resume their normal life and study.
．．．．．． | | 二、努力保护救助未成年被害人。依法保障未成年被害人及其法定代理人参与权、知情权等各项诉讼权利，保护未成年被害人的名誉权、隐私权等合法权利，避免在办案中造成“二次伤害”。对于性侵未成年人等刑事案件，有条件的地方检察机关可以会同公安机关建立询问未成年被害人同步录音录像制度。同时，要注重加强与司法、民政、教育、卫生等相关部门和未成年人保护组织的联系和协作，推动落实法律援助、司法救助、身体康复、心理疏导、转移安置、技能培训、经济帮扶等综合救助工作，努力帮助未成年被害人恢复正常的生活和学习。
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