(Case No. 171 of the Guiding Case of the Supreme People's Procuratorate)
Keywords
Comprehensive fulfillment of duties, Conditional Non-prosecution, Administrative public interest litigation, Drug abuse, Digital procuratorial work
Key Point
When handling cases involving minors, the procuratorial organs shall coordinate and leverage various procuratorial functions, and enhance comprehensive judicial protection for minors through integrated performance of duties. In cases where minors involved in drug abuse problems are considered for conditional non-prosecution, it is possible to specify addiction treatment measures to improve the precision of assistance and education. In response to social governance issues discovered in individual cases, big data analysis should be put into full use, similar case clues should be deeply explored, and efforts should be made to build a system of leak plugging and to enhance protection at the source, so as to elevate the quality and effectiveness of the "individual case handling – similar case supervision – systematic governance" workflow.
Relevant Provisions
Article 283 of the Criminal Procedure Law of the People's Republic of China (amended in 2018).
Article 25 (4) of the Administrative Procedure Law of the People's Republic of China (amended in 2017).
Article 106 of the Law of the People's Republic of China on the Protection of Minors (amended in 2020).
Article 4 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency (amended in 2020).
Article 11, 12, 51, and 52 of the Drug Administration Law of the People's Republic of China (amended in 2019).
Article 15, 19, and 51 of the Regulations for the Implementation of the Drug Administration Law of the People's Republic of China (amended in 2019).
