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預防未成年人犯罪法-閱讀頁

2024-09-11 20:54本頁面
  

【正文】 gainst Crimes Article 40 Juveniles shall observe laws and regulations and live up to the standards of public morality, be aware of the importance of selfesteem, selfdiscipline and selfimprovement, increase their ability to distinguish between right and wrong and protect themselves, and resist of their own volition any inducement to and corrosive influence by various misbehavior and illegal and criminal actions. Article 41 Juveniles who are abandoned or maltreated by their parents or other guardians shall have the right to request public security organs, administrative departments for civil affairs, organizations of the Communist Youth League, women39。 mittees in the countryside to furnish them protection. The departments or organizations mentioned above that are request for help shall accept the request and take measures to help the juveniles immediately where necessary. Article 42 When juveniles find that anyone perpetuates actions prohibited by the provisions in Chapter III of this Law or mits criminal offenses against themselves or other juveniles, they may report to public security organs or petent government departments through their schools, their parents or other guardians, and they themselves may do so too. The organs or departments that receive the reports shall promptly investigate and deal with the cases according to law. Article 43 Judicial organs, schools and the munity shall give especial protection to juveniles who fight and report against criminal offenses and ensure that they are free from retaliation. Chapter VI Prevention of Juveniles From Committing Criminal Offenses Again Article 44 In investigating juveniles who have mitted criminal offenses investigating for criminal responsibility, the guidelines of enlightenment, persuasion and reformation and the principle of taking enlightenment as the dominant factor while making punishment subsidiary shall be adhered to. When handling cases involving juvenile delinquency, judicial organs shall guarantee that juveniles exercise their litigation rights and get legal assistance, and enlighten them on the legal system in accordance with the physiological and psychological characteristics of juveniles and the circumstances under which they mit the criminal offenses. Juvenile students against whom mandatory penal measures are taken may not be struck off the school roll before the verdicts of the People39。s Court shall be conducted by a juvenile court formed, in accordance with law, by judges who are familiar with the physical and mental characteristics of juveniles or of such judges and people39。 mittees in the countryside shall take effective measures to help educate juveniles who are not given or are exempted from criminal punishment because they have not reached the age of 16 and juveniles who are sentenced to criminal punishment of nonimprisonment or to criminal punishment with a suspension of execution or who are released on parole, in order to assist judicial organs in a successful educating and reforming the juveniles. The neighborhood mittees in cities or villagers39。 no unit or individual may discriminate against them. Chapter VII Legal Responsibility Article 49 Where parents or other guardians of juveniles fail to perform their duties of guardianship and let juveniles perpetrate, as they like, misbehavior or serious misbehavior specified in this Law, public security organs shall reprimand the parents or other guardians of the juveniles and order them to subject the juveniles to strict discipline. Article 50 Where parents or other guardians of juveniles, in violation of the provisions in Article 19 of this Law, allow juveniles under the age of 16 to be free from their guardianship and live alone, public security organs shall reprimand the parents and other guardians of the juveniles and order them to set it right immediately. Article 51 Where a member of a public security organ, in violation of the provisions in Article 18 of this Law, fails to investigate and deal with a case or take effective measures immediately after receiving the report and thus grossly neglects his duty, he shall be given administrative sanctions。 if the circumstances are serious, the publications and his illegal gains shall be confiscated, he shall be ordered to suspend business for rectification or his license shall be revoked. The persons who are directly in charge and the other persons who are directly responsible shall be fined. Whoever produces or reproduces publications for juveniles which propagate obscenity or sells, loans or spreads such publications shall be punished for public security in accordance with law。 if the circumstances are serious, if shall be ordered to suspend business for rectification or its business license shall be revoked by the administrative department for industry and merce. Article 55 If mercial singing and dancing halls, other places that are not suitable for juveniles, and mercial TV games centers, in violation of the provisions in Article 33 of this Law, fail to put up conspicuous noadmittance signs or allow juveniles to go there, they shall be ordered to set it right, given administrative warning, ordered to suspend business for rectification, their illegal gains shall be confiscated, and they shall be fined by the administrative department for culture, and the persons who are directly in charge and the other persons who are directly responsible shall also be fined。 if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law. Chapter VIII Supplementary Provisions Article 57 This Law shall go into effect as of November 1, 1999. 11
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