论已满十二周岁不满十四周岁的人涉嫌严重暴力犯罪核准追诉程序的建构——以《刑法修正案(十一)》为中心展开

How to Pursue the Criminal Responsibility of People Aged 12 – 14(Excluding 14) Who Committed Severe Violent Crimes: A Study Centering Around the Amendment(XI) to the Criminal Law

《刑法修正案(十一)》就追究已满十二周岁不满十四周岁的人涉嫌严重暴力犯罪的刑事责任作出明确的规定,即应通过核准追诉程序层报最高人民检察院对此作出决定。与通常的刑事案件核准追诉程序相比,对于涉罪未成年人的核准追诉因被追诉主体身份的特殊性而带有自身的独立价值。可将涉罪未成年人的核准追诉程序分为准备、实施、执行三个环节。其中,准备环节需要满足主体要件、行为要件、危害结果要件;实施环节则需要明确实施的时间、实施的机关、实施的方式等内容;执行环节主要是将最高人民检察院的核准追诉决定在侦查、审查起诉和审判等阶段中予以贯彻。在建构涉罪未成年人核准追诉程序的过程中,应注意其与认罪认罚从宽、特殊不起诉、刑事辩护等制度的协调配合。

The Amendment(XI) to the Criminal Law provides for the criminal responsibility of people who have attained the age of 12 but under the age of 14 and who are suspected of committing a severe violent crime. According to the provisions, the responsibility should be determined by the Supreme People’s Procuratorate following the prosecution affirmation procedure. Compared with the usual prosecution affirmation procedure of criminal cases, the procedure for minors features in an independent value due to the identity of the subjects being prosecuted. The prosecution affirmation procedure for minors can be divided into three parts,preparation, implementation, and enforcement. Among them, the preparation part includes the element of subject, action and dangerous consequences;the implementation part entails the clarification of the time, organ and manner of implementation;and the enforcement part refers to the execution of the affirmed prosecution decision made by the Supreme People’s Procuratorate in the investigation, examination and prosecution, trial and other stages. When establishing the affirmed prosecution procedure for minors involved in crimes, the coordination between this procedure and other mechanisms such as the one for imposing lenient punishments on those confessing to their crimes and accepting punishments, for special non-prosecution and criminal defense should be noted.