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Excuse me: Are the confessions taken at the age of 16 but not 18 without the presence of the guardian valid?

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Excuse me: Are the confessions taken at the age of 16 but not 18 without the presence of the guardian valid?


        

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  • 2024-06-22 22:00:58

    [Legal Opinion]
    Article 84 of the Law of the People's Republic of China on Administrative Penalties for Public Security stipulates: "The record of the inquiry shall be submitted to the person questioned for verification; if he is unable to read, it shall be read out to him. If there are omissions or errors in the record, the person questioned may propose to supplement or correct them. After confirming that the record is correct, the person questioned shall sign or seal it, and the people's police who questioned shall also sign on the record.
    If the respondent requests to provide written materials on the subject matter, it shall be permitted; When necessary, the people's police may also require the person questioned to write on his own.
    When a person who has committed an act against the administration of public security but has not reached the age of 16 is questioned, his parents or other guardians shall be notified to be present. "
    The third paragraph of Article 85 also stipulates: "When interrogating the victim or other witnesses, the provisions of Article 84 of this Law shall also apply."
    Therefore, only when minors under the age of 16 are questioned, parents or other guardians must be notified to be present, while those over the age of 16 do not need to be present. According to the law, they can make their own proof, or write written materials to the police to help them find out the case.
    Article 42 (4) of the Law of the People's Republic of China on Administrative Penalties for Public Security clearly stipulates that retaliation against witnesses and protection of the legitimate rights and interests of witnesses are also required. If the circumstances are serious, it will constitute a crime and should be severely punished according to law.

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