[Examine 答 答】 — 90] How to distinguish between special education and special correction education

According to the advice of prosecutors of the grassroots level, the answer to the Supreme People's Procuratorate's construction and operation, since its launch in October 2018, has been favored by prosecutors in various places for its content, strong professionalism, and timely authority. As an information sharing platform for providing legal and policy use, business consulting, and questioning services, the answer website has now become a garden and good teacher and good friend of prosecutors to discuss business and improve literacy. The 90th issue of "Answers", so stay tuned.

Special education and special correction education

How to distinguish applications

Consultation category: Minor Procuratorate

Consultation content: Article 43 of the newly revised prevention of minor crime law stipulates that for minors with serious bad behaviors, parents of minors or other guardians, unable to manage or disciplinary invalidation of the school can be the education administrative department. After submitting an application, after the evaluation and consent of the special education guidance committee, the education administrative department decided to send it to a specialized school for special education. Article 45 stipulates that if minors implement the behavior stipulated in the criminal law and do not punish criminal penalties due to dissatisfaction with the age of criminal responsibility, after the evaluation and consent of the special education guidance committee, the education administrative department and the public security organs may decide to conduct special correction education. The above provisions are special education, and the other is specializing in education. What is the specific difference between the two? The special correction work is implemented by public security organs and judicial organs. Should the procuratorial organs perform supervision duties? What laws and regulations should be implemented if they need to perform?

Consultant: Tang Chengyou, the Procuratorate of Weifang City, Shandong Province

Answer Expert Cao Yang: First, according to Article 6 of the Prevention of the Minor Crime Law, special education is an important protection measures for education and correction of minors with serious bad behaviors. According to Article 17 of the Criminal Law, special correction education is a punishment measures for minors who constitute a crime but not reaching the age of criminal responsibility. According to the principle of adaptation of crime and punishment, it does not involve punishment without being assumed that criminal responsibility. Therefore, special correction education does not belong to the category of "punishment".

Second, from the provisions of the various articles to prevent the crime law of minors, for minors with serious bad behaviors, general circumstances are adopted to take correction and education measures stipulated in Article 41. , In accordance with the provisions of Article 43, submit an application and send measures to specialized schools for special education. If severe bad behavior reaches the provisions of Article 44, then no need to apply for parents or schools, the education administrative department and public security organs may decide to send minors to specialized schools for special education. In response to the criminal behavior stipulated in Article 17 of the Criminal Law, if the age of failure to reach the criminal responsibility is not responsible for criminal responsibility, Article 45 of the Minor Crime Law stipulates that educational administrative agencies and public security organs may decide to adopt specialized education for them. In special schools, special places must also set specialized places for specialized education. From the perspective of the law, Article 41 to 45 of Article 41 to 45 of the Minor Crime Law has the progressive behavior of severe behavior, illegal crimes, and difficulty in discipline. Changes, from allowing minors to receive correction education in families and schools, to guardians, schools to apply for special schools, and then to education administration and public security organs, they can take the initiative to take special education measures to be taken to special places for special schools. Specialized correction education also reflects the progress of punishment. Therefore, the special education of Article 43 of the Minor Crime Law and Article 45 of the Consultant Crime Law should be different measures.

Third, in accordance with Article 6 of the Minor Crime Law, the procuratorial organs are member units of special education and guidance committees. The above provisions are sent to specialized schools to carry out special education measures and specialized education measures. All need to be evaluated and agreed by the Special Education Guidance Committee. As a member unit, the procuratorial organs have the obligation to perform the inspection and evaluation. Essence

Fourth, in the case handled by the procuratorial organs, if the above -mentioned special education or special education situation is required, I personally think that the relevant departments should be proposed in a timely manner to take corresponding measures. Fifth, in accordance with Article 60 of the Criminal Crime Law, the People's Procuratorate exercises procuratorial rights in accordance with the law to supervise the prevention work of minors' re -crimes. (Prosecutor's Daily)

- END -