摘要
近年来,司法机关为给犯轻罪的未成年人一次改过自新的机会,避免执行刑罚对其造成不利影响,进行了很多积极的探索。上海地区开展的未成年人诉前考察制度为新刑诉法修改设立附条件不起诉制度提供了有效的借鉴。附条件不起诉制度写入刑诉法无疑是立法的一大进步,要想在司法实践中发挥最大效能,还需要完善具体的操作办法。
In recent years, judicial agencies have made an active exploration that they give juveniles a chance to correct misdemeanors and exempt them from criminal penalty, which might have a bad effect on them. Shanghai has implemented the observation mechanism of giving minors a chance to correct their misconducts before prosecution, which has offered reference for the amendment of the New Criminal Proceedings Law Concerning this mechanism. It is undoubtedly a step forward to include this conditional nonprosecution mechanism in the Proceedings Law. However, certain operational measures need to be modified before the mechanism can play its optimal role in judicial practice.
关键词
诉前考察
附条件不起诉
司法实践
Being Observed before Prosecution
Conditional Nonprosecution
Judicial Practice
