| Ten Model Cases (Examples) regarding the Work of Building a Procuratorial Social Support System for Minors Published by the Supreme People's Procuratorate | | 最高人民检察院发布十起未成年人检察社会支持体系建设工作典型案（事）例 |
| (April 11, 2019) | | （2019年4月11日） |
| Table of Contents | | 目录 |
| Case (Example) 1: Linking Various Forces and Comprehensively Assisting an Infringed Child | | 案（事）例一 链接多方力量 综合救助受侵害的孩子 |
| Case (Example) 2: Jointly Establishing an Assistance and Support Platform by the Procuratorial Organ and the Organization of the Communist Youth League and Assisting a Minor Victim | | 案（事）例二 检团共建帮扶平台 救助未成年被害人 |
| Case (Example) 3: Implementing Accurate Assistance and Education and Transforming a Talented Teenager from a “Hacker” to a “White Hat” | | 案（事）例三 实施精准帮教 天才少年由“黑客”变“白客” |
| Case (Example) 4: Introducing Judicial Social Workers and Realizing In-Depth Integration of Specialized Case-Handling and Socialized Assistance and Education | | 案（事）例四 引入司法社工 实现专业化办案和社会化帮教深度融合 |
| Case (Example) 5: Adhering to Personalized Assistance and Education and Helping a Teenager Involved in a Crime Fulfill the Campus Dream | | 案（事）例五 坚持个性化帮教 帮助涉罪少年重圆校园梦 |
| Case (Example) 6: Establishing a “League for Protection of Minors” and Effectively Carrying out the Work of Assisting and Educating Delinquent Minors | | 案（事）例六 建立“未成年人保护联盟” 有效开展罪错未成年人帮教工作 |
| Case (Example) 7: Conducting Cross-Provincial Collaboration and Joint Assistance and Education and Helping a Minor Involved in a Crime Smoothly Return to Society | | 案（事）例七 跨省协作 共同帮教 助力涉罪未成年人顺利回归社会 |
| Case (Example) 8: Linking Multiple Departments and Timely Assisting a Child in Trouble | | 案（事）例八 多部门联动 及时救助困境儿童 |
| Case (Example) 9: Establishing a Long-Term Mechanism for Safeguarding the Rights of Minors and Timely Assisting Minors in Trouble | | 案（事）例九 建立青少年维权长效机制 及时救助困境未成年人 |
| Case (Example) 10: Relying on Professional Forces and Proactively Exploring a System of Protective Treatment | | 案（事）例十 依托专业力量 积极探索保护处分制度 |
| Model Case (Example) 1 | | 典型案（事）例一 |
| Linking Various Forces and Comprehensively Assisting an Infringed Child | | 链接多方力量 综合救助受侵害的孩子 |
| --Case regarding assisting a minor victim surnamed Yin | | --未成年被害人小尹救助案 |
| I. Basic Facts | | 一、基本案情 |
| Since defendant surnamed Ma had dispute with father of the victim surnamed Yin (seven years old at the time of the crime) (hereinafter referred to as “Yin”), Ma cut off Yin's right hand with a knife on the street and with the amputated limb, he threatened Yin's father to pay him CNY500,000 as ransom. Although the amputated limb was replanted in a timely manner, Yin suffered huge trauma in both mind and body. | | 被告人马某某因与被害人小尹（案发时7岁）父亲有纠纷，而当街持刀砍断了小尹的右手，并以断肢要挟小尹父亲向其支付50万元作为赎金。虽然断肢及时再植，但是小尹身心均遭受巨大创伤。 |
| The People's Procuratorate of Guangzhou City, Guangdong Province charged defendant Ma of committing crimes of intentional injury and racketeering according to the law. At the same time, through the Communist Youth League of Guangzhou City, various social forces were linked rapidly and they jointly developed a scheme for comprehensive assistance and protection of Yin. First, legal aid. The Junnuo Minor Protection Public Welfare Service Center assigned a full-time lawyer to serve as the agent ad litem in the incidental civil action free of charge and after the judgment took effect, continued to follow up the enforcement of the judgment. Second, intervention of social workers. The Qichuang Social Work Service Center, a site service provider of “Youth Zone” affiliated to the Communist Youth League organization (hereinafter referred to as the “CYL organization”), provided the case follow-up services, through the system of weekly home visiting, kept following up the recovery, study, and family life of the victim by such various means as talks, gaming, and outdoor activities, communicated with procurators on the relevant information in a timely manner, formed a case intervention report, and submitted it to the procuratorial organ. Third, psychological assistance. With respect to anxiety and fear of the victim and his family members after the crime was committed, under the assistance of the Communist Youth League of Guangzhou City, the procuratorial organ commissioned Guangzhou Hui'ai Hospital to conduct psychological crisis intervention on the victim as well as his parents and brother and effectively ease their depression, anxiety, and fear arising from the crime in the case. In the process of intervention, the social workers found that the victim's brother who saw the whole process still had obstacles in the psychological rehabilitation and they reported such situation to the procuratorial organ in a timely manner. The procuratorial organ immediately consulted with social workers on the scheme for further carrying out psychological assessment and counseling. When necessary, the psychological assessment and counseling were to be initiated again. The negative emotions of the victim and his family members have been eased. In particular, the victim was recovered from fear and isolation to lively and cheerful personality, he was willing to go outside and be socially reintegrated, which was a delightful change. Fourth, financial relief. Through social workers, the procuratorial organ learnt that the victim had to cease the rehabilitation therapy due to financial difficulties. For this regard, the procuratorial organ initiated the national judicial relief procedure, innovated on the establishment of a pattern of cooperation among the procuratorial organ, the hospital, and the medical social worker institution. The procuratorial organ appropriated the relief fund to the account of the hospital and the medical social worker supervised the use of such fund and ensured that the national judicial relief fund was entirely used for the treatment of the victim. | | 广东省广州市检察院在依法指控被告人马某某故意伤害、敲诈勒索犯罪的同时，通过团市委链接社会各方力量，迅速联动，共同为小尹制定一套综合救助保护方案。一是法律援助。由君诺未成年人保护公益服务中心指派专职律师作为诉讼代理人，无偿代理案件中的刑事附带民事诉讼，并在判决生效后继续跟进判决的执行问题。二是社工介入。由团组织所属“青年地带”站点服务承接机构启创社工中心提供个案跟进服务，通过每周家访制度，以谈心、游戏、外出活动等多种形式持续跟进被害人的康复情况、学习情况及家庭生活情况，及时向检察官沟通相关信息，并形成个案介入报告提交检察机关。三是心理救助。针对被害人与其家人在案件发生后的焦虑、恐惧的状态，在团市委的协助下，检察机关委托广州市惠爱医院对被害人以及其父母、哥哥进行心理危机干预，对由案件产生的抑郁、焦虑、恐惧情绪进行有效疏导。社工在介入的过程中发现，目睹案发全过程的被害人哥哥在心理康复方面仍存在障碍，并及时向检察机关反映。检察机关即与社工协商进一步开展心理评估疏导的方案，必要时再次启动心理疏导程序。被害人及其家人的负面情绪得到了缓解，尤其是被害人，从恐惧封闭的状态重新恢复到活泼开朗的性格，愿意走出家门，融入社会，呈现出可喜的转变。四是经济救助。检察机关通过社工了解到，被害人因经济困难而不得不停止了康复治疗。为此检察机关主动启动了国家司法救助程序，创新建立起检察机关、医院及医务社工机构三方合作的模式，由检察院将救助金拨付到医院账户，医务社工监督该笔费用的使用情况，确保国家司法救助金全部用在被害人的治疗上。 |
| II. Significance | | 二、典型意义 |
| This is a model case where the procuratorial organ cooperated with the CYL organization, established and applied the procuratorial social support system for minors, and provided support to the minor victim. In this case, the procuratorial organ raised social service needs according to the specific circumstances of the minor involved, the CYL organization effectively linked social resources to the social support system for comprehensive judicial protection of minors, formed a linkage mechanism, and provided timely and comprehensive assistance and support in terms of physical rehabilitation, psychological counseling, legal aid, and judicial relief of the minor victim. | | 本案是检察机关与团组织合作，构建并运用未成年人检察社会支持体系，为未成年被害人提供支持的典型案例。案件中，检察机关根据涉案未成年人具体情况，提出社会服务需求，由团组织有效链接社会资源加入到未成年人综合司法保护社会支持体系，形成联动工作机制，在未成年被害人的身体康复、心理疏导、法律援助、司法救助等方面提供及时全面的帮助与支持。 |
| Model Case (Example) 2 | | 典型案（事）例二 |
| Jointly Establishing an Assistance and Support Platform by the Procuratorial Organ and the Communist Youth League Organization and Assisting a Minor Victim | | 检团共建帮扶平台 救助未成年被害人 |
| --Case regarding assisting a minor victim surnamed Yang | | --未成年被害人小阳救助案 |
| I. Basic Facts | | 一、基本情况 |
| In November 2017, in the handling of a criminal case regarding sexual assault of a minor, the People's Procuratorate of Dongcheng District, Beijing Municipality found that the eight-year old victim surnamed Yang (hereinafter referred to as “Yang”) suffered various congenital diseases including megacolon and heart disease and her family was deprived. This sexual assault caused severe psychological injury to her and it was one disaster after another, which got the whole family into great trouble. The procuratorial organ contacted with the Communist Youth League organization (hereinafter referred to as the “CYL organization”) in a timely manner and reported Yang's situations. The Beijing Committee of the Communist Youth League attached great importance to the case, established an assistance and support group including the CYL organization, the procuratorial organ, and a professional psychological institution, and got intervened in a timely manner. The assistance and support group went to visit Yang in Miyun District, investigated and learnt her actual needs and conducted psychological assessment and psychological counseling on her. According to Yang's needs, the Beijing Committee of the Communist Youth League raised funds in various ways. On the one hand, it coordinated with Beijing Children's Hospital in treating Yang's physical diseases and on the other hand, it depended on the psychological group of Beijing Forestry University for the weekly provision of psychological treatment of Yang. After efforts of more than one year, Yang has received effective treatment of her physical diseases and her psychologic status has also been remarkably improved, and the relevant assistance and support are still ongoing. | | 2017年11月，北京市东城区检察院在办理一起性侵害未成人犯罪案件中发现，8岁的被害人小阳患有巨结肠、心脏病等多种先天疾病，家庭贫困，这次性侵害又对她造成了严重心理伤害，可谓雪上加霜，让整个家庭陷入巨大的困境之中。检察机关及时与共青团组织联系，通报了小阳的情况。共青团北京市委对此高度重视，组建了包括团组织、检察机关、专业心理机构在内的帮扶工作小组，及时介入该案。帮扶工作小组赴密云看望小阳，调查了解实际需求，同时对小阳进行心理测评和心理疏导。根据小阳的需求，团市委多方筹集资金，一方面协调北京儿童医院为小阳治理身体上的疾病，另一方面依托北京林业大学心理小组为小阳每周进行一次心理治疗。经过一年多的努力，小阳的身体已得到有效治疗，心理状况也明显好转，相关帮扶救助工作仍在进行之中。 |
| II. Significance | | 二、典型意义 |
| Getting intervening in cases involving minors in a timely and professional manner and providing effective psychological counseling, legal aid, and financial assistance are important parts of the work of protecting the minors. In this case, Yang was both a victim to a criminal case and a child living in difficulty. The CYL organization proactively gave play to its organizational advantage, integrated resources, linked funds, medical treatment, and other resources, offered all-sided assistance to Yang physically and psychologically, did the best it could to help Yang return to a healthy and happy childhood and her family regain confidence and hope. | | 对涉及未成年人的案件及时专业地介入，开展有效的心理、法律、经济等援助，是未成年人保护工作的重要组成部分。本案中，小阳既是刑事案件被害人，又是困境儿童，共青团组织积极发挥组织优势，整合资源，链接资金、医疗等资源，给予小阳身体、心理全方面的救助，尽力帮助她回归健康、快乐的童年，帮助她的家庭重拾了信心和希望。 |
| Model Case (Example) 3 | | 典型案（事）例三 |
| Implementing Accurate Assistance and Education and Transforming a Talented Teenager from a “Hacker” to a “White Hat” | | 实施精准帮教 天才少年由“黑客”变“白客” |
| --Case regarding assisting and educating a minor criminal suspect surnamed Liu | | --未成年犯罪嫌疑人小刘帮教案 |
| I. Basic Facts | | 一、基本案情 |
| For the purpose of showing off his computer skills, a minor surnamed Liu attracted more persons to join the QQ group he established, illegally obtained a large amount of personal information of citizens, and placed such information in the QQ group for random download by members of the QQ group. Afterwards, the public security organ placed the case on file for investigation on the ground that Liu committed a crime of infringing upon personal information of citizens. In August 2017, the case was transferred to the People's Procuratorate of Huaiyin District, Huai'an City, Jiangsu Province for examination and prosecution. Upon social surveys, the procuratorial organ learnt that Liu was fond of learning and capable of intensively studying, he was interested and talented of network techniques, he constantly performed well, and he was a first offender. In light of such circumstances as minor criminal circumstances and good attitude in pleading guilty and showing repentance, the People's Procuratorate of Huaiyin District made a decision on conditional non-prosecution according to the law. In the meantime, the procuratorial organ established an assistance and education group with procuratorial personnel, judicial social workers, and teachers from the school as members and developed a pertinent inspection scheme for assistance and education. According to the scheme, during the probation period of conditional non-prosecution, the procuratorial organ conducted legal education on Liu, the committee of the Communist Youth League of the school, and social workers had talks with Liu on a regular basis to learn his change of thoughts, conduct psychological counseling on him, and guide him in utilizing his talent and techniques in the right course. During this period, with the approval of the procuratorial organ, by utilizing his network techniques, Liu assisted the police in unearthing an extraordinarily serious case regarding online MLM. He also positively participated in the network security construction and assisted the relevant departments in blocking network security vulnerability. He was transformed from a “hacker” to a well-known “white hat” and ranked the top nationwide in the “original score ranking of white hats” on the official website of the National Computer Network Emergency Response Technical Team (CNCERT). In December 2018, the People's Procuratorate of Huaiyin District, Huai'an City made a decision on not prosecuting Liu. | | 未成年人小刘为了炫耀其电脑技能，吸引更多人加入其建立的QQ群，非法获取大量公民个人信息并放在群中，供群成员随意下载。后小刘被公安机关以侵犯公民个人信息罪立案侦查。2017年8月，案件移送江苏省淮安市淮阴区人民检察院审查起诉，检察机关经社会调查了解到刘某爱学习、能钻研，对网络技术有兴趣有天分，一贯表现良好，属于初犯，结合其犯罪情节轻微、认罪悔罪态度好等情节，依法对其作出附条件不起诉决定。同时成立了由检察人员、司法社工、学校老师等组成的帮教小组，制定了有针对性的帮教考察方案。根据方案，在附条件不起诉考验期间，检察机关对小刘进行了法治教育，学校团委、社工定期和小刘谈话，了解他的思想动态，对其进行心理疏导，引导他把天分和技术用于正途。在此期间，经检察机关批准，刘某利用自己的网络技术协助警方破获一起特大网络传销案件。他还积极参与网络安全建设，协助有关部门堵塞网络安全漏洞，由一名“黑客”变成著名“白客”，在国家互联网应急中心官方网站的“白帽子原创积分排名”居于全国前列。2018年12月，淮安市淮阴区人民检察院对小刘作出不起诉决定。 |
| II. Significance | | |
| The minor involved in the crime had great plasticity and was easy to be transformed; however, if handled improperly, he may endanger the society even worse in the future. In this case, by linking such various social forces as the CYL organization, judicial social workers, and specialized persons of psychological counseling, the procuratorial organ customized an assistance and education scheme, accurately implemented assistance and education, ensured that the minor involved recognize his own mistakes and serve the society by utilizing his expertise, and saved the minor delinquent to the maximum extent. In this way, the procuratorial organ kept a good talent for the state, which has achieved good effects. | | 涉罪未成年人可塑性很大，容易改造，但如果处理不当，将来又可能变本加厉危害社会。本案中，检察机关联合团组织、司法社工、心理疏导专业人员等多方社会力量，量身制定帮教方案，精准实施帮教，确保其认识到自身错误，转而利用专业特长服务社会，最大限度地挽救失足未成年人，为国家保住了一个有用之才，取得了良好的效果。 |
| Model Case (Event) 4 | | 典型案（事）例四 |
| Introducing Judicial Social Workers and Realizing In-Depth Integration of Specialized Case-Handling and Socialized Assistance and Education | | 引入司法社工 实现专业化办案和社会化帮教深度融合 |
--Case regarding assisting and educating minor criminal suspects including Bai
．．．．．． | | --未成年犯罪嫌疑人小白等人帮教案
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