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| Model Cases (Examples) regarding Strengthening Judicial Protection of Minors by Procuratorial Authorities | | 检察机关加强未成年人司法保护典型案（事）例 |
| (Supreme People's Procuratorate, May 27, 2015) | | （2015年5月27日 最高人民检察院） |
| I. (Seven) Model Cases | | 一、典型案例（7个） |
| Case No. 1: Case regarding Conditioned Non-prosecution against a Minor | | 案例1.对未成年人附条件不起诉案 |
| Early in one morning, Wang (14 years old) left home in a rage due to quarrels with his parents and hanged out on the street. When finding that victim surnamed Li was making a call alone by the roadside, Wang robbed Li's Apple 5S mobile phone valued 4,039 yuan and cash of 90 yuan by covering Li's mouth and threatening Li with the folding knife he carried with him. Two days later, Wang's father discovered the mobile phone of unknown origin and accompanied Wang to surrender himself to the local police station. According to the social survey of this case, Wang left home because his parents disagreed to buy him a mobile phone for reading science fictions, he committed robbery with an abrupt intention, and previously he had no misconduct and bad habit. The psychological test showed that Wang had serious emotional imbalance factors, medium-degree stubbornness, compulsion, hostility, and mental anxiety, medium-degree adjustment disorder, and tense and sensitive interpersonal relationship. Considering that Wang was young and was studying at school and he had strong desire to learn, surrendered himself to the police accompanied by his parents, showed repentance, and had conditions of effective domestic supervision and education, the People's Procuratorate of Kai County, Chongqing Municipality made a decision on not approving the arrest of Wang according to the law. After the public security authority transferred the case for examination and prosecution, in accordance with the compensation and understanding agreement reached between Wang and his legal representative and the victim surnamed Li, the procuratorial authority presided at the preparation of a settlement agreement and made a decision on conditioned non-prosecution against Wang according to the law, with the probation period of nine months. During the probationperiod, the procuratorial authority twice provided psychological counseling to Wang and twice invited Wang to observe court trials. At present, Wang's academic performance has been greatly improved and his communication with his parents, teachers, and students has become smoother. | | 王某某（14岁）因和父母吵架于凌晨负气出走，在街上闲逛。当发现被害人李某某一人在路边打电话后，便采用捂嘴、用随身携带的折叠刀威胁等方式，抢走李某某价值4039元的苹果5S手机一部和现金90余元。两天后，王某某的父亲发现了来源不明的手机，遂带王某某到派出所投案。该案社会调查显示，王某某因父母不答应其购置手机看科幻小说而离家出走，后临时起意进行抢劫，之前无其他劣迹亦无不良嗜好。心理测试显示王某某存在较严重的情绪不平衡因子，存在中等程度的偏执、强迫、敌对、焦虑心理，有中等程度的适应障碍，人际关系紧张、敏感。鉴于王某某年龄较小、在校学习、有强烈的学习欲望以及在父母陪同下投案自首、认罪态度较好、具备有效家庭监管、教育条件等，重庆市开县人民检察院依法对其作出不批准逮捕决定。公安机关将该案移送审查起诉后，根据王某某及法定代理人与被害人李某某双方自愿达成的赔偿谅解协议，检察机关主持制作了和解协议书，并依法决定对王某某附条件不起诉，考察期9个月。在考察期间，检察机关对王某某进行了两次心理疏导，并邀请其旁听庭审两次，目前王某某学习成绩大幅提高，与父母、老师、同学沟通也日益顺畅。 |
| Significance: In the handling of this case, the procuratorial authority has guided, educated, and assisted the minor involved in the crime in making a fresh start and returning to society by properly applying such assistance, education, and investigation means as social survey, psychological counseling, criminal reconciliation, and conditioned non-prosecution. | | 典型意义：检察机关在本案办理过程中较好地运用了社会调查、心理疏导、刑事和解、附条件不起诉帮教考察等手段，引导、教育、帮助涉罪未成年人改过自新、重返社会。 |
| Case No. 2: Case regarding Investigation and Punishment of Embezzlement of Relief Funds for Orphans | | 案例2.查办侵吞孤儿救助金案 |
| In the process of assisting Song (17 years old), a minor involved in a crime, in obtaining the relief funds for orphans, the procuratorial department of juvenile cases of the People's Procuratorate of Tongshan District, Xuzhou City, Jiangsu Province found that the relief funds for Song has been received by another person. The procuratorial department of juvenile cases promptly transferred the case clues to the self-investigation department of the People's Procuratorate of Tongshan District and cooperated with the latter to carry out investigation and evidence-taking. It was found upon investigation that from 2011 to 2013, in the process of examining, declaring, and granting the relief funds for orphans, Wu, original chief of the Social Affairs Section of the Civil Affairs Bureau of Tongshan District, ganged up with Li and other three persons to defraud and embezzle over 250,000 yuan of relief funds for orphans by means of making a fraudulent application and claim, and withholding such relief funds without approval by taking advantage of their functions. Afterwards, the court sentenced these four defendants to imprisonments ranging from eleven years to one year and six months. With respect to such issues as inadequate regulation and non-information disclosure in the management and use of such special relief funds, the procuratorial authority issued a Procuratorial Recommendation to the civil affairs department according to the law and urged the whole district to carry out special inspections on “relief funds for orphans.” In the review and rectification, some unqualified recipients were withdrawn and cancelled and 192 children were added into the relief range. | | 江苏省徐州市铜山区人民检察院未检部门在协助涉罪未成年人宋某某（17岁）办理孤儿救助金过程中，发现该资金已被他人领取。未检部门迅速将该线索移送本院自侦部门，并配合开展调查取证工作。经查，2011年至2013年间，原铜山区民政局社会事务科科长吴某与李某等四人交错结伙，在负责审核、申报、发放孤儿救助金过程中，利用职务便利，采取虚报冒领、私自截留等手段，骗取、侵吞孤儿救助金25万余元。后该四名被告人分别被法院判处十一年至一年零六个月不等的有期徒刑。针对专项救助金管理、使用存在监管不到位、信息不公开等问题，检察机关依法向民政部门发出《检察建议》，并督促开展全区“孤儿救助金”专项核查工作。在清理整顿中，清退、撤销了部分不符合条件主体，将192名儿童纳入救助范围。 |
| Significance: A duty-related crime infringing upon the lawful rights and interests of minors has been identified and investigated through the handling of a juvenile case, which has driven the solution of a social management problem behind the case and promoted the implementation of national welfare policies for protecting the minors. | | 典型意义：通过办理未成年人案件发现、查处侵害未成年人合法权益的职务犯罪，并推动解决案件背后社会管理问题，促进国家保护未成年人的福利政策落实到位。 |
| Case No. 3: Case regarding Rectification of an Unhealthy Organization of the Minors | | 案例3.整治未成年人不良社团案 |
| In August 2013, when handling a case regarding intentional injury committed by Wang, the procuratorial department of juvenile cases of the People's Procuratorate of Zoucheng City, Shandong Province found that the organization “Red Rose” mainly consisting of middle school students has severely impaired the campus security and social order. It was found upon investigation that this organization had independent slogans, articles of association, and a pyramid structure. It was originally established by several dropouts on good terms for contacting students at school to idle away in seeking pleasure. With constant increase in the number of participants, its members amounted to over 350 persons (90% of who were minors) and the gang master that “If any member of “Red Rose” gets bullied, any other member of “Red Rose” should do something for him” gave rise to several crimes and public security cases. Therefore, starting from the case regarding Wang's intentional injury, the procuratorial authority made a painstaking investigation and examination and jointly with the relevant departments, smoothly removed “Red Rose,” which was a “stinger” affecting the physical and psychological health of minors. First, the procuratorial authority put forward a Procuratorial Recommendation that the public security authority should thoroughly investigate the members of “Red Rose.” After more than one month, the procuratorial authority has thoroughly found out the organization and distribution of the organization “Red Rose” and verified participant students of each school. Second, on the basis of information on the members of “Red Rose” obtained in the investigation, the procuratorial authority voluntarily contacted their parents and schools, persuaded them to quit the organization, paid close attention to their studies and living, and followed them up and urged them to completely separate themselves from “Red Rose.” Third, the procuratorial authority imposed a conditioned non-prosecution against Wang who was suspected of committing intentional injury and had minor circumstances, so as to give him an opportunity of repenting and making a fresh start. Fourth, the procuratorial authority, jointly with such entities as the Youth League Committee, the Committee for the Wellbeing of the Youth, and the Education Bureau, launched the Program of “Optimizing the Growth Environment for Minors,” organized the entry of “moot court for minors” to the campus and the lecture activities of rule of law with the themes of “Choosing Friends with Care, Stay away from Crimes, and Grow Healthily,” so as to transfer positive energy and purify the campus environment. | | 2013年8月，山东省邹城市人民检察院未检部门在办理王某某故意伤害一案过程中，发现一个由中学生为主体形成的“红玫瑰”社团，严重危害校园安全和社会秩序。经查，该社团具有独立口号、章程及金字塔式的组织结构。社团成立初衷是几个关系要好的退学学生联系在校生一起吃喝玩乐，随着加入人数的不断增加，社团成员发展至350余人（90%为未成年人），并因“红玫瑰的伙计挨了欺负，是红玫瑰的人就得为他出头做主”的帮规引发数起犯罪及治安案件。对此，检察机关从王某某故意伤害一案着手，抽丝剥茧，深挖细查，会同有关部门成功拔除“红玫瑰”这一影响未成年人身心健康的“毒刺”。一是提出检察建议，建议公安机关彻查“红玫瑰”成员情况。用时一个多月将“红玫瑰”社团的组织分布情况彻底摸清，具体核实了每个学校内的参团学生情况。二是针对摸查获取的“红玫瑰”社员信息，主动联系其家长、所在学校等，劝其退出社团，并密切关注其学习生活情况，跟踪、督促其彻底脱离“红玫瑰”。三是针对涉嫌故意伤害、情节轻微的王某某作附条件不起诉处理，给其一个悔过自新的机会。四是联合团委、关工委、教育局等单位启动了“未成年人成长环境优化”工程，组织“少年模拟法庭”进校园和以“慎重交友、远离犯罪、健康成长”为主题的法治宣讲活动，传递正能量，净化校园环境。 |
Significance: In some sense, the procuratorial department of juvenile cases usually makes its work efforts beyond a “case” itself. When handling a case regarding intentional injury, the procuratorial department of juvenile cases has dug an unhealthy organization of minors consisting of over 300 members and by giving full play to its functions of education, rescue, and crime prevention, it has hauled back juvenile offenders off the track and eradicated potential signs of criminal activities, which are conducive to purifying the growth environment for minors, especially the campus environment.
．．．．．． | | 典型意义：从某种意义上说，未检部门的工作往往功夫在“案外”。通过办理一起故意伤害案件，挖出一个300余人的未成年人不良社团，并通过充分发挥教育、挽救和预防犯罪职能，拉回误入歧途的失足少年，铲除潜在的犯罪苗头，有利于未成年人成长环境尤其是校园环境的净化。
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