Inquiries in which the victim is a minor Does the guardian have to be present?

The law requires not a guardian, but a legal person, as follows:

Criminal Procedure Law of the People's Republic of China

Article 281:In juvenile criminal cases, the juvenile criminal suspect's or defendant's legally-designated ** person shall be notified to appear during interrogation and trial.

Where there is no way to notify them, the legally-designated ** person cannot appear, or the legally-designated ** person is an accomplice, other adult relatives of the juvenile criminal suspect or defendant, or representatives of the school, work unit, basic-level organization for their place of residence, or the juvenile protection organization may also be notified to appear, and the relevant circumstances are to be recorded in the case file.

The legally-designated person present may exercise the procedural rights of the juvenile criminal suspect or defendant on their behalf.

Where legally-designated persons or other persons present feel that case-handling personnel have violated the lawful rights and interests of minors during interrogation or trial, they may submit opinions. Interrogation records and court records shall be given to the legally-designated person or other persons present to read or read to him.

Female staff shall be present during interrogations of female juvenile criminal suspects.

In juvenile criminal cases, after the juvenile defendant's final statement, his legally-designated person may make a supplementary statement.

The provisions of paragraphs 1, 2, and 3 apply to questioning juvenile victims and witnesses.

Regardless of whether the perpetrator or the victim is interrogated, a guardian must be present when interrogating or questioning a minor!

Under normal circumstances, a guardian should be present when a minor is questioned.

Legal Analysis: The law stipulates that juveniles suspected of criminal offenses shall be subject to compulsory measures for interrogation in accordance with the law, and their legal guardians or other adult relatives shall be present. However, in reality, there will be special circumstances, such as the minor's parents working outside the home, and the grandfather or grandmother lying in bed, and the police station will choose to notify the staff of the village neighborhood committee, the staff of the women's federation, the staff of the Communist Youth League, and the teacher of the juvenile criminal suspect as the person present.

Legal basis: Civil Code of the People's Republic of China

Article 27: Parents are the guardians of minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Article 29: Where the parents of the ward serve as guardians, a guardian may be appointed through a will.

Article 30: Persons with guardianship qualifications in accordance with law may agree to designate guardians for the elderly. The agreement determines that the guardian shall respect the true wishes of the ward.

Article 31: Where there is a dispute over the determination of a guardian, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile is to appoint a guardian, and where the relevant parties are not satisfied with the designation, they may apply to the people's court for the appointment of a guardian; Relevant parties may also directly apply to the people's court for the appointment of a guardian.

According to the provisions of the Criminal Procedure Law of the People's Republic of China, in cases of juvenile crimes, the legal representatives of the criminal suspects and defendants shall be notified to appear at the interrogation and trial. This is also due to the fact that minors are mentally immature and emotionally fragile, and may react strongly to interrogation. If you can be accompanied by family members at this time, the children's remorse may be easier to show, which will not only help solve the case, but also help the child-rearing children to rehabilitate themselves.

Article 14 of the Criminal Procedure Law of the People's Republic of China: The people's courts, people's procuratorates, and public security organs shall ensure that criminal suspects, defendants, and other litigation participants enjoy the right to a defense and other procedural rights in accordance with law. Participants in litigation have the right to sue judges, prosecutors and investigators for violations of citizens' procedural rights and personal conduct. clumps.

Article 281 of the Criminal Procedure Law.

In juvenile criminal cases, during interrogation and trial, the juvenile criminal suspect or defendant's legally-designated ** person shall be notified to appear. Where there is no way to notify them, the legally-designated ** person cannot appear, or the legally-designated ** person is an accomplice, other adult relatives of the juvenile criminal suspect or defendant, the school, work unit, and representatives of the basic level organization or juvenile protection organization for their place of residence may also be notified to appear, and the relevant circumstances are to be recorded in the case file. The statutory ** person present at the scene may search for the juvenile criminal suspect or defendant to exercise the procedural rights of the juvenile criminal suspect or defendant on his behalf.

When questioning minors, their parents or other guardians shall be notified to appear on a regular basis on the basis of article 61 of the "Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs", their parents or other guardians shall be notified to appear, and where their parents or other guardians are unable to attend the venue, they may also notify the minor's other adult relatives, schools, or schools

A guardian needs to be present when a minor is questioned in the absence of a state. In cases of juvenile delinquency, the criminal suspect and the defendant's legally-designated person shall be notified to be present during interrogation and trial. This is also due to the fact that minors are immature and emotionally fragile, and may react strongly to interrogation.

The Civil Code of the People's Republic of China

Article 26.

Parents have a duty to upbring, educate and protect their minor children.

Adult children have an obligation to their parents to support, support and protect them.

Civil Code of the People's Republic of China

Article 34.

The duties of the guardian are to carry out civil juristic acts and protect the personal rights, property rights and other legitimate rights and interests of the ward.

The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.