The first part of the draft amendments to the ""

A "draft", second

Suggested amendment;

(1)    The article (two), the (three) in the "criminal" and "criminal" delete.

(2)    Adjustment of sequence.

(3)    Article (two) statement: other people's Procuratorate for a sentence of life imprisonment, the death penalty cases.

(4)    Article (three) statement: other cases of foreigners suspected of a crime

The revised provisions:

Twentieth shall be amended as: "the intermediate people's courts shall have jurisdiction over the following criminal cases of first instance:

"(A)Cases endangering State security;

"(Two) Other cases of foreigners suspected of a crime;

"(Three) Other people's Procuratorate for a sentence of life imprisonment, the death penalty cases."

Justification for the proposed changes:

(1After repeating), and inconsistent with the first, should be clear and concise.

(2) between the logic does not self consistent, and the expression is not accurate.

Two, "draft" third Suggested amendment: 
(1In the first paragraph of the relatives) Commission should be clear.

(2The disclosure obligation) with the people's Court of first, two in the investigation organ, the investigation organ, people's Procuratorate has told, don't need to repeat. 
(3The third paragraph cancel).

(4Add a new paragraph), the people's Procuratorate shall have the right to inform obligation and supervision of the people's court investigation organs, fulfill it.
The revised provisions: 
Thirty-third shall be amended as: "the suspect, the defendant or his legal representative, close relatives shall have the right to entrust defenders at any time, but in the period of investigation, can only be entrusted lawyer.

The investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, the people's court after accepting a case of private prosecution, within three days, it shall inform the criminal suspect, the defendant the right. 
    The people's Procuratorate shall supervise the obligation to inform the people's court investigation organs, fulfill it. 　

Justification for the proposed changes:

(1) to entrust defenders relative rights, regulations in January 19, 1998 "the Supreme People's court the Standing Committee of National People's Congress the Supreme People's Procuratorate, the Ministry of Public Security Ministry of State Security Ministry of Justice legal working committee on the implementation of the law of criminal procedure" (hereinafter referred to as the "six Commission") is reflected, but not perfect, should rise to legal.

(2The suspect) in general practice is held, and the outside world, unable to communicate with the outside world, more not to convey their meanings, if no relatives to participate in, the criminal suspect or the defendant is difficult to entrust defenders. The legislation does not consider the suspect, the defendant in custody of the state, even if the entrusted people's intention, also cannot sign a power of attorney to entrust defenders.

In judicial practice, some judicial organ does not convey or not timely convey the suspect, the defendant to entrust defenders requirements, so that the suspect, the defendant's defense contingency phase deprivation. The increase of the content of the right to defense is beneficial.

At the same time, the investigation organ to be detained or arrested suspects in the notification of relatives, should be the obligation to inform the at the same time, we should modify the relevant provisions at the same time.

(3) followed the draft articles, language is not simple, after the investigation organ to, the people's Procuratorate, the people's court need not repeat that, the draft also has this meaning, for example, in a case of public prosecution, the people's Procuratorate informed, no provisions of the people's court repeatedly told.
    (4The defender) after accepting a commission, and the judicial organ contact is the executive duties must, more it is their right, cannot but become its obligations, so the three paragraph should be cancelled.

(5In view of the case handling organ) may fail to fulfill the obligation, the people's Procuratorate shall review the special prosecutor. Cases of private prosecution shall also be supervised in the defendant accused claims.
Three, "draft" fourth 

Suggested amendment: 
(1) to expand the scope of legal aid, the "other disabled people, the elderly, minors, pregnant women, patients with suspected spirit" of criminal suspects, defendants into the scope of legal aid.

(2) will be assigned legal aid institutions defenders to lawyers, to solve resource problem, also with the thirty-two article of this law the second item of the first paragraph in harmony.

(3"The public security organs") will be changed to "the investigation organ".
The revised provisions: 
Thirty-fourth shall be amended as: "the suspect, the defendant due to economic difficulties counsel did not entrust, himself and his near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers or other persons as his defenders. 
"The suspect, the defendant is blind, deaf, dumb people, disabled or elderly, minors, pregnant women, patients with suspected spirit and has not entrusted a defender, the people's court shall notify the people's Procuratorate and the investigation organ, legal aid agencies appoint lawyers or other personnel to provide justification for the. 
"The suspect, the defendant who may be sentenced to life imprisonment, death has not entrusted a defender, the people's court shall notify the people's Procuratorate and the investigation organ, legal aid agencies appoint lawyers or other persons as his defenders." 
Justification for the proposed changes: 
(1) legal aid policy has effectively solved the difficult problem of vulnerable groups to engage in a lawsuit, safeguard the legitimate rights and interests of vulnerable groups, so that each should be protected citizens Yingbaojinbao, upholding justice and social harmony has played a very active role. However, the same as the vulnerable groups of "other disabled or elderly, minors, pregnant women, patients with suspected mental illness" is not included in the scope of legal aid. In fact, they also need a special legal protection.
(2) and adapt to the poor areas, some may have a lack of resources, can make full use of legal service personnel. 
    (3Besides some) investigation of public security organs should be clearly summarized in.

Four, "draft" Fifth

Suggested amendment:

(1) plus "in terms of" responsibility "";

(2"A") in reducing "";

(3"Draft") will be fifty-eighth, sixty-first and second paragraph of this article, as;

(4Revised draft) "" fifty-eighth, sixty-first, increase the investigation organ shall listen to the suspect, the victim's opinion, and the investigation organ to listen to opinions from power to increase people's Procuratorate provisions obligation; listen to the suspect opinion;

(5) will increase the defenders and agents ad litem, opinions and reasons are adopted in this book, the terms of service of documents terms and the right to relief provisions.

Attached: "draft" fifty-eighth, sixty-first articles:

     Fifty-eight, one article is added as Article 158th,: "the investigation organ in the case investigation before the end, can listen to the counsel's opinion, and indicate in the record. Defense lawyers put forward written opinions, shall be attached."

    Sixty-one, the 139th changed to 169th, is amended as: "the people's Procuratorate the case, shall interrogate the criminal suspect, to listen to the defender, the victim and his litigation representative opinions, and indicate in the record. The defender, the victim and his litigation representative put forward written opinions, shall be attached."

The revised provisions:

Thirty-fifth shall be amended as: "the authority and responsibility of a defender is put forward according to the facts and law, criminal suspects, defendants not guilty, guilty or lighter, reduce, exempt from the criminal responsibility of the materials and opinions, to protect the suspect, defendant litigation rights and other lawful rights and interests."

" The people's Procuratorate investigation organs, in case investigation, the end of the review, shall interrogate the criminal suspect, listen to or accept the criminal suspects and their counsel, the victim and his agents ad litem oral or written comments, and mark or attached in the files of the case."

" The investigation organ, the people's Procuratorate in case investigation, the end of the review, shall make investigation, the end of the review conclusion and the defenders and agents ad litem, opinions and reasons are adopted in this book; the paper shall be served on the suspect, the victim, the legal agent or defender, agent ad litem, shall be attached to the delivery receipt volume."

" The people's Procuratorate investigation organ, in violation of the provisions of the preceding two paragraphs of the obligation, the book has no legal effect."

Justification for the proposed changes:

(1) defender responsibility, at the same time it should be their rights, in order to avoid repetition, behind the "right" "authority is increased".

(2China's "criminal law") because many provisions of legal lenient punishment and discretionary lighter punishment terms, the defender of the right and responsibility can also defended its lighter. Such as the "criminal law" the twenty-second paragraph second "the crime in preparation, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment". Increase the "lighter" word, make content more comprehensive, consistent with the provisions of substantive law.

(3"Draft") will be fifty-eighth, sixty-first and second paragraph of this article, as. The rights, obligations expression more concise, accurate.

(4The end of the review conclusion), "the decision on cancelling the case", "the prosecution of submissions", "book", "the decision not to initiate a prosecution indictment" on the rights of the criminal suspects have a significant impact, should increase the provisions for criminal suspects opinion, guaranteed the right to know.

(5) will increase the defenders and agents ad litem, opinions and reasons are adopted in this book and document delivery of relief and rights clause, is in order to protect the parties and the defender, agent's right to know, the lawyer's advice, to exercise the right to counsel implement.

Five, "draft" Sixth

Suggested amendment: 
(1) will "can" to "have the right to";

(2Article thirty-seven) will advance the prosecution lawyer to verify the evidence stage right to the investigation stage, and increased clearly show evidence of the right to;

(3Increase the remedies clause). 　　

The revised provisions: 
One article is added as Article thirty-sixth,: "defense counsel in the investigation period has the right to provide legal aid for criminal suspects or legal advice, complaints, charges; have the right to produce, the criminal suspect to verify the relevant evidence; the situation has the right to the investigation organ about the crime suspect suspected crimes and cases. 
The defence lawyers to understand the charges and the case of inquiry, the investigation organ shall reply immediately." 
Justification for the proposed changes: 
(1This article) and other provisions of the wording "can" is neither rigorous nor professional, "can" is a selective words, "can" is the opposite of "can't" , should be the "can" to "right", more clear and precise; other provisions should be similar to repair change.

(2Defense lawyers should be in the power of investigation) original article thirty-seven of the criminal procedural law with the lawyer who advance and mentioned the investigation stage; the Ninth Amendment also contains the meaning; the detection stage attorney shall have the right to produce, to verify the relevant evidence of criminal suspects;

(3On the right) should have remedy clauses, or simply can not implement. 　　　 
Six, "draft" seventh 

Suggested amendment: 
(1In the first paragraph is added to Article thirty-seventh): communication of criminal suspects, defendants and lawyers are not subject to review or seizure. 
(2Remove at least thirty-seventh) in the second paragraph "shall not" over forty-eight hours, will be "timely" to "instant". 
(3In the thirty-seventh section third) clearly "has the right to the suspect, the defendant present evidence", increased "provisions exchange views on defense". 
(4The fourth paragraph thirty-seventh) should be cancelled; if retained, only to notice, the investigation organ by guards, and the scope of charges shall be reduced.
(5The relative clause) expression will be summarized the integration, to make it more precise.

(6) remove the facts of the crime accused the thirty-eighth in the "material" the limit, and shall provide convenience security. 
The revised provisions: 
The thirty-sixth changed to two, as thirty-seventh, thirty-eighth, amended as: 
"Thirty-seventh defender has the right with the criminal suspect in custody, meet and correspond with the defendant, but the other defenders must be outside with permission of the people's court, the people's procuratorate.

"Communication between criminal suspects, defendants and defendants are not subject to review or seizure; defense counsel met with the suspect, the defendant is not monitored or eavesdropping, unchecked and completely confidential. 
"Defense lawyer to prove that the work unit, a lawyer's practice certificate, a power of attorney or legal aid official, asked to meet with the criminal suspect, the defendant in custody in the statutory working days, a detention house shall immediately arrange, may not have the time and the number of constraints.
"The lawyer meets with the criminal suspect in custody, the defendant, have the right to know about the case, show, verify the relevant evidence, exchange of defence, exercising the right to defend the law.
"The crime of endangering national security cases, terrorism crime, the investigation during the defense lawyers to meet with the criminal suspect, the investigation organ may notify.

"Article thirty-eighth  Since the case to the people's Procuratorate for examination and prosecution date, the defender has the right to consult, extract, replication, shooting all the materials of the case, but the other defenders must be outside with permission of the people's court, the people's procuratorate.

The people's court, the people's Procuratorate shall consult, as defenders extract, replication, shooting the materials provide convenience and material security, shall not charge any fees, the funds included in the budget.
Justification for the proposed changes:

(1) "endangering national security crime, terrorist activities crime, bribery crime in the period of investigation, lawyers to meet with the criminal suspect, it shall obtain the permission of the investigation organ. For these cases, the investigation organ shall notify the detention center ", the terms are not appropriate to extend the investigation organ of power, the lawyers right of useless.

(2The regulations), The "Lawyers Law" has no connection with the (Lawyer law does not have this limitation); ② with international<The basic principles on the role of lawyers>Do not conform to the provisions of; The legal principle; as the defense-The lawyer to visit the suspected criminal prosecution to the license? Another suggestion: detention under the jurisdiction of the judicial administrative organs.

(3About lawyers)"Don't be listening"The problem, "Monitor"Prone to ambiguities, investigation personnel"To listen to"Even take notes, calculate do not calculate"Monitor"? The investigators to examine or copy the lawyer"Transcripts of the meeting"Count"Monitor? Lawyers should not be bugged, unchecked and completely confidential case and law enforcement personnel can see but not seen within hearing range, and there shall be no limit the number of times and!

(4) communication rights defenders and criminal suspects, defendants and the right is the extension of the defense right of the accused, since the provisions of the meeting was not listening, then defined communication without seizure, examination is the proper meaning. 
(5) working time meeting, until forty-eight hours later, apparently not reasonable; in practice, lawyers often after the meeting session, if you are meeting in forty-eight hours, the lawyer may delay the trial, investigation, marking. "Time" is a highly elastic time concept, in practice it is difficult to grasp. While the "instant" is relatively clear and specific, from the protection of the lawyers met with the right point of view, the "timely" to "instant" is more scientific, reasonable, accurate. 
(6During the meeting, some guards) so as to provide certificate of lawyer, attorney the copy for the reason, restrictions on lawyers, some lawyers at all possible legal aid agencies, it shall specify the documents show the way, and the "firm" to "work unit".

(7The lawyer) to suspect defendant evidence problem is controversial, causing some confusion, so had to issue clear provisions in the legislation, law responsibility, obligation will produce the materials in the case for the defendant to verify. The draft stipulates the defender can evidence to the criminal suspect, the defendant to verify, but the premise to verify evidence is the suspect, the defendant must personally to the evidence to read and understand. This is the proper meaning of criminal suspects and defendants, self defense right. 
(8) theoretically, the approval organ and executive organ shall phase separation, namely the investigation organ itself shall not have the right to decide whether or not the lawyers. In view of the present situation, delete the provisions for fear of difficulty. In the investigation stage, "endangering national security crime, terrorist activities crime cases such as" limited lawyers, it is to grasp the relation, between lawyers and suspects bulletin can, must not be approved by the licensing. In practice, by the investigating authority, in fact most of the cases is no reason not to permit provisions of criminal law, the original secret cases are obvious examples. No previous this provision, because there is no lawyers met the problem, there is no reason to restrict the lawyers. It is proposed to abolish the regulations, to solve the long troubled lawyer's "meet difficulty" problem fundamentally. If the limit, only the provisions, the investigation organs informed by the guards, and the scope of charges shall be reduced.
(9") of the facts of the crime accused materials" not clearly defined, may become the Judicial Restriction of lawyers in practice. Because the contractor may be not considered "the facts of the crime accused material" or evidential materials innocence or light offence is hidden or not to offer a lawyer. This approach is clearly not conducive to the expansion of the defense work. The equal status of both sides require the evidence materials of the case have a comprehensive understanding, therefore, should allow the defenders to all the evidence, to read and copy.

(10In practice, the procuratorate, the court) tend to have limited conditions on the grounds, limiting the rights of lawyer, said no copiers, can take pictures, sometimes say, copier is broken, some other time and so on, should be clear about the material guarantee, but also have no how much can the financial commitment, but also can create difficulties for Du absolute lawyer, solve "marking difficult".

 

Eight, "draft" Ninth 

Suggested amendment:

(1Will ") shall timely inform" changed to "have the right to inform".

(2This article) should be placed in the criminal procedure law of the original thirty-seven, as one of its terms;

(3Modify the Criminal Procedure Law) together with the original thirty-seven, clear legal right to investigate and collect evidence investigation stage.

(4 ) and "lawyer lawThirty-fifth linking.

The revised provisions:

Cancel thirty-seventh,One article is added as Article fortieth:After accepting a commission, "defense lawyer with a lawyer's practice certificate and proof of work units, the relevant entities and individuals shall undertake the case investigation and collect the related evidence material; according to the case of need, have the right to apply to the investigation organ, people's Procuratorate, the people's court to collect, obtain evidence, or request the people's court to inform the witnesses to testify in court.

"Defense lawyer by the investigation organ, people's Procuratorate or the people's court permission, and after the victim victims or their close relatives, provide witness agreed to, have the right to information related to the case to them."

 "The suspects who counsel collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients do not belong to the criminal responsibility of the evidence, have the right to inform the public security organ, the people's procuratorate."
Justification for the proposed changes: 
   (1This is a duty) to counsel should be changed to the right, obligation.

(2) in practice, the suspects who advocate collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients do not belong to the criminal responsibility of the evidence, usually timely contact with the public security organs, people's Procuratorate, if not informed, it may be that once the defender told, there will be more detrimental to the parties the situation. However, the provisions in the draft statement, "inform" revised statutory obligations defender, is clearly not conducive to defence defense work, and the term "inform" expression, cause easily on time concept of dispute in the judicial practice. In practice, does not produce the defender in the entrusted not with the contact conditions, which is often the case handling organ for all kinds of excuses (for example, on a business trip etc.) hinder the defenders to handle the relevant formalities, hinder the lawyers met and marking. Therefore, we propose to modify it, so as to better protect the suspect, the defendant's litigation rights and other lawful rights and interests.

(3) logically, this article should be placed in the criminal procedure law of the original thirty-seven after;

(4This article) from the intention, detection stage attorney has the right of investigation and evidence collection, so be amended Criminal Procedure Law of the original thirty-seven, clear detection stage attorney to the right of investigation and evidence collection.

(5) and "lawyer law"Thirty-fifth linking.Provisions of the original criminal law and lawyer law inconsistent, because lawyers than the original criminal law after the revision, is new, therefore, should take the law as the basis for change. So is the similar provision.
Nine, "draft" Tenth 

Suggested amendment: 
The proposal to delete the article,

The revised provisions:

Ten, cancel thirty-eighth.
Justification for the proposed changes: 
(1) for a long time, the provisions of the criminal procedure law and criminal law306The mutual coordination, public security, judicial organs, as retaliation against law basis. The lawyers as their opposites, lawyers believe that intervention will inevitably lead to the case investigation, prosecution and trial work can not be normal, the law to safeguard the legitimate rights and interests of criminal suspects and defendants, behavior, seen as hindering the case. Therefore, the relevant authorities to work smoothly, try various devices to "destroy" the lawyer. The recent case of Li Zhuang, the Beihai case, is this situation show most incisive. 
(2) of the pleading right, derived from the suspect, the defendant's right of defense, and a country practice, space and the degree of criminal suspects and defendants, the exercise of right to defense, it marks the civilization degree of the country. Any restrictions of the right to defense behavior, not only to the justice of destruction, is on China's international image. To eliminate this phenomenon, we must eliminate the survival foundation of this field in legislation. Therefore, we propose to delete the article. 
(3) in addition, this stipulation is a substantive terms, rather than procedural law provisions, the provisions included in the program to read not from the angle of legislative technology. 
Ten, "draft" Eleventh 

Suggested amendment: Delete the clause "proviso part shall report to the judicial organ". 
The revised provisions: 
One article is added as Article forty-sixth: ", and information about the client lawyer known in practice, have the right to keep confidential. However, the client or other people for or are in the process of implementation of endangering national security, public safety and other serious endanger personal and property safety, criminal facts and information except." 
Justification for the proposed changes: 
(1Coordination with law), convergence. The lawyer law article thirty-eighth provisions of the confidentiality obligations of lawyers as "a lawyer shall state secret, commercial secret known in practicing law, the parties shall not disclose privacy. The principal lawyers in practice to know people and other people don't leak situation and information, shall be. However, the client or other people for or are in the process of implementation of endangering national security, public safety and other serious endanger personal and property safety, criminal facts and information except."
(2According to the characteristics of the lawyer occupation), primary obligation to keep secret the lawyer occupation, is a lawyer to accept the trust foundation trustee, the original provisions "shall promptly report to the judicial organs informed" apparently destroyed the trust, therefore, should refer to the rules of law are revised, and can not break through.

Twenty, "draft" article twenty-fifth, article twenty-sixth

Suggested amendment:

(1Twenty-fifth) "can be changed to" bail " should bail"

(2Article twenty-sixth) in "inform" before the "written" two words.

(3Article twenty-sixth) increased after "agreed to change the compulsory measures, shall inform the victim written. The people's court, the people's procuratorates and the public security organs do not agree with the compulsory measures the reason for the change is not sufficient or unfair, or the victims of that change to the people's court compulsory measures, the people's procuratorates and the public security organs of the reasons are insufficient or improper, the applicant, the victim has the right to receive written notification from the date of seven days to inward the people's court decision, the upper level people's Procuratorate and the public security organ for reconsideration once. The upper level people's court, the people's procuratorates and the public security organs shall, after receiving the application for reconsideration, it shall make a final decision within three days, and notify the applicant in writing, the victim. During the period of reconsideration, the execution of the original compulsory measures don't stop.".

The revised provisions:

 Twenty-five, the fifty-first changed to sixty-fourth, is amended as: "the people's courts, the people's procuratorates and the public security organ for any of the following circumstances of criminal suspects, defendants, should bail:

    "(a) may be sentenced to public surveillance, detention or independent additional penal apply;

    "(two) may be sentenced penalty above, release on bail will not take the danger to the society;

    "(three) detention period expires, the case has not yet completed, need to take recognizance measures.

    "Bail shall be executed by a public security organ."

Twenty-six, the fifty-second changed to sixty-fifth, is amended as: "the criminal suspect in custody, the defendant and his legal representative, close relatives, the defender has the right to apply for alteration of the compulsory measures. Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant in writing and explain the reasons for disapproval,; agree to change the mandatory measures, shall inform the victim written.

"The people's court, the people's procuratorates and the public security organs do not agree with the compulsory measures the reason for the change is not sufficient or unfair, or the victims of that change to the people's court compulsory measures, the people's procuratorates and the public security organs of the reasons are insufficient or improper, the applicant, the victim has the right to receive written notification from the date of seven days to after the people's court decision, the upper level people's Procuratorate and the public security organ for reconsideration once. The upper level people's court, the people's procuratorates and the public security organs shall, after receiving the application for reconsideration, it shall make a final decision within three days, and notify the applicant in writing, the victim. During the period of reconsideration, the execution of the original compulsory measures don't stop."

Justification for the proposed changes:

(1The bail decision) agency's discretion be limited to determine whether the bail conditions, when met, must be guaranteed, the draft statement is wrong. Therefore, "bail" should be changed into "should bail".

(2Since the application of coercive measures) change is a right of criminal suspects and the accused, based on the "no relief, no right" principle, so it should give way to relief parties. Moreover, the legislation does not consider the victim's right. At the same time, in practice, the people's court, the people's procuratorates and the public security organs does not agree to the change of coercive measures, often taken orally rather than in written form to inform, serious loss of state organs behavior.

The 21st, "draft" twenty-eighth

Suggested amendment:(1Article sixty-ninth paragraph second delete) about: "the people's court, the people's procuratorates and the public security organ may according to the circumstances of the case, shall be ordered to be criminal suspects, defendants on bail the following one or more:

    "(a)......"Content.

(2Article sixty-nine paragraph fourth) delete "for breach of bail provisions, need to be arrested, the suspect, defendant custody."

The revised provisions;

The fifty-sixth changed to three, as sixty-ninth, seventieth, seventy-first, amended as:

"Article sixty-ninth by the criminal suspect, defendant bail shall observe the following provisions:

"(A)Without the approval of the organ executing shall not leave the living city, county;

"(Two)Address, work units and contact information changes, in twenty-four hours ago report to the executing organ;

"(Three)In the time to;

"(Four)Not to interfere in any form of witness;

"(Five)Not to destroy or falsify evidence, or collusion.

"By the criminal suspect, defendant bail violates the provisions of the preceding paragraph, have to pay a deposit, the confiscation of part or all of the deposit, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay margin, the guarantor, or be arrested.

"It shall decide authority seventieth bail consider guarantees the litigation activities of the social risk, bail people, plot, nature of the case, may be sentenced to a punishment, is released on bail pending trial of economic situation, determine the deposit amount.

"Bail bond amount is determined, providing margin shall be deposited into the margin account executive specialized organs designated bank.

"Article seventy-first of criminal suspects, defendants on bail period did not violate the provisions of article sixty-ninth, when the end of the guarantor pending trial, by notice to remove the bail to the bank for the refund of deposit."

Justification for the proposed changes:

(1To be the guarantor pending trial) limit, and imprisonment of no bail cease to exist except in name.

(2) according to the principle of presumption of innocence, anyone without the court to make a guilty verdict before they are innocent, so the restriction of personal freedom should be cautious, to release on bail(Many countries called bail)As the principle, exception of detention, <The draft>Did not reflect this principle;

(3"Draft") provides the public prosecutor, can according to the circumstances of the case, shall be ordered to be released on bail pending trial people abide by "Shall not be allowed to enter the specific place, not to engage in certain activities"Etc.. The exercise of public power must have the explicit authorization, otherwise easily lead to misuse, abuse of civil rights!"Specific place""Specific activity"Mean generation are unknown, it is easy to be expanded indefinitely. For example in the release on bail, was released on bail to letters reflect the situation whether door(Even can not see the lawyer law firm)? Whether in the media on their own views or accepts the media interview? Wait.

(4) sixty-ninth shall not shall comply with the provisions of the expansion of the original release on bail conditions, and this expansion without justification. The provisions of the criminal procedure law there is no wrong. 　

(5) detention was arrested in the pre review process, has been think should be arrested in the case, where the detention; the original criminal law has no provisions, now increases if there is sufficient reason; now "Administrative Coercion Law" has been promulgated, emergency situation, as the executive organ of public security organs can be disposed of in accordance with the law.

22, "the draft" twenty-ninth

Suggested amendment:
Delete surveillance third kinds of situations, namely, delete "because of the need for the special circumstances of the case or the handling of cases, to residential surveillance measures more appropriate" as a case for residential surveillance.

The revised provisions:

"One article is added as article seventy-second,:" the people's court, the people's procuratorates and the public security organs in accordance with the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, to residential surveillance: 
("1) affected with a serious disease, the life cannot provide for oneself; 
("2) pregnant or breast-feeding her baby; 
("3) detention expires, the case has not yet completed, need to residential surveillance measures. 
"In accordance with the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, or residential surveillance. 
"Residential surveillance shall be executed by a public security organ." 
Justification for the proposed changes: 
(1In accordance with the provisions of the new provisions), and general reference to countries all over the world, residential surveillance is a completely from the system design to the suspect's point of view, one should be detained, arrested than custody to compulsory measures light. Therefore, the suspect can not be more severe than residential surveillance in custody in jail. 
(2The so-called ") because of the need for the special circumstances of the case or the handling of the case" residential surveillance measures taken, is not conducive to residential surveillance from suspect angle of arrangement, but will facilitate the investigation organ case and the measures taken. And what is the "special circumstances" case, what is "the handling of cases needs", which are by the investigating authorities on their own hands, and not to any organization or individual to explain, also need not consider the suspect's interest. It has been designed to residential surveillance system.

(3) article (three) content would be unlimited expansion of public security and judicial power to residential surveillance, will be a serious threat, infringement of the right of freedom of the citizen. 　

23, "draft" article thirtieth, article thirty-first

Suggested amendment:
(1Delete ") in the designated residence execution", namely "draft" to delete the first paragraph of article thirtieth "no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorist crimes, major bribery, residence in the execution may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution. But, not specified in the place of custody, special case handling place execution." And the article second, paragraph third.

(2"Draft") thirty-first, should be deleted "set home to residential surveillance".

The revised provisions:

Thirty, one article is added as article seventy-third,: "residential surveillance shall execute the criminal suspects and defendants, residence, shall not execute in place outside.

"The people's Procuratorate supervision legal implementation of the decision and implementation of surveillance of residence is."

Thirty-one, one article is added as article seventy-fourth,: "residential surveillance shall to be shortened. Criminals sentenced to public surveillance, surveillance, the term is to be shortened by two days; sentenced to criminal detention, fixed-term, residential surveillance, the term is to be shortened by one day."

Justification for the proposed changes:

(1Residential surveillance may be designated places) regulations, in some cases, can not inform the family, may refuse to defense lawyers, without the approval of the organ executing no freedom and so on, which is essentially a "forced disappearance", " secret detention", if the investigation organ "because of the need to" the special circumstances of the case or the handling of cases the suspect in the designated place to residential surveillance, in six months time, the suspect day24Hours in the investigation organ unilateral control, security of any right of suspects will be completely out of control, even not to mention their human dignity will be how to obtain the safeguard, also have at least strongly questioned the investigation organs abuse their power to avoid? How the suspect will obtain from torture to extract confessions, cheat for, inducement of security? 
(2) this new provisions with respect to the original "criminal procedural law" in article fifty-first of the residential surveillance rules, is a huge setback, is specified, the abuse of residential surveillance legalization of secret detention.

(3) since the criminal suspects and defendants, no fixed residence, then, why the residential surveillance? No other coercive measures, must take the measures can not?

(4) since the alleged crimes of endangering national security, terrorist crimes, major bribery, residence in the execution may hinder the investigation, then, why the residential surveillance? Can't you use coercive measures of detention, arrest?

(5"The specified) residential surveillance" period, due to the lack of supervision, the investigation organ may fully to the suspect, the defendant will torture to extract confessions, or take a seance, deprived of sleep, corporal punishment in torture to extract confessions way.

(6Residential surveillance is originally) than the detention or arrest, as a criminal coercive measure light, since it is not fully restriction of personal freedom. But if in"The specified home"Execute and can not inform the relatives of cases"Residential surveillance"Restriction of freedom of person, it is far more than the strength of detention, arrest, for residential surveillance and the longest six months and to"The specified home"Secrecy, which obviously illogical!

(7) residential surveillance is relatively severe criminal compulsory measures, so "sentenced to criminal detention, fixed-term, residential surveillance, the term is to be shortened by one day." A more reasonable.

24, "draft" article thirty-second, article thirty-third

Suggested amendment:

(1Article thirty-second ") shall not leave the implementation of residential surveillance place" change back to the original "shall not leave the place";

(2Thirty-second) "(two) without the approval of the organ executing the communication or not with others;" will "or communication" delete, add "proviso, but defense lawyers except";

(3) will be thirty-second, "need to be arrested, the suspect, defendant custody." Delete;

(4Thirty-third) "communication of criminal suspects to monitor", followed by "proviso, but communication and defense lawyers are not subject to any monitoring, inspection, seizure".

The revised provisions:

Thirty-two, the fifty-seventh changed to seventy-fifth, is amended as: "by the criminal suspect, defendant residential surveillance shall observe the following provisions:

    "(a) without the approval of the organ executing shall not leave the place;

    "(two) without shall be approved by the executive organ of meeting someone, but defense lawyers except;

    "(three) in the time to;

    "(four) not to interfere in any form of witness;

    "(five) shall not destroy or falsify evidence, or collusion;

    "(six) the identity documents, travel documents, documents, the executing organ preservation driving.

    "By the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious, can be arrested."

    Thirty-three, one article is added as article seventy-sixth,: "executive organ of criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can monitor communication of criminal suspects, but communication and defense lawyers are not subject to any monitoring, inspection, seizure."

Justification for the proposed changes:

(1) connected with modifications, not the implementation of residential surveillance, so in the home, change back to "not to leave the house".

(2The basic rights of freedom of communication) system constitution, should not be arbitrarily limit, the criminal procedure law and not the provisions, is not sufficient reason to change.

(3The twenty-second Amendment) regulations about communication and twenty-third contradictory.

(4) with bright and light weight lifting, detained persons are not about communications law approved, residential surveillance is not in custody, if limited communication, and took the right limit more than custody.

(5) met with lawyers and under residential surveillance and communication parties must not be restricted, in custody are not restricted to residential surveillance, provisions where approved.

(6) detention was arrested in the pre review process, has been think should be arrested in the case, where the detention, the criminal procedure law has no provisions, now increases if there is sufficient reason; now "Administrative Coercion Law" has been promulgated, emergency situation, as the executive organ of public security organs can be disposed of in accordance with the law.

25, "draft" article thirty-sixth, article thirty-seventh

Suggested amendment:

(1"The draft)" thirty-sixth "can't notice" in front of "temporary" , changed to "the unit notice or the villagers' committee, residents committee".

(2"The draft)" thirty-sixth "family" to "near relative, guardian or legal representative".

(3"The draft)" thirty-sixth increase "no close relatives, guardian or legal representative", "unidentified suspects, defendants" treatment situation.

(4"The draft)" thirty-sixth "serious crime" to "case"; to integrate the provisions of the statement, make it more concise, accurate.

(5Modified ") would hinder the investigation situation" can be "can be delayed for up to one hundred and twenty hours notice".

(6"The draft)" the thirty-seventh paragraph is added as the second paragraph "during the detention, in a detention center on detainee interrogation shall be taken as the cases of people's Procuratorate for examination and prosecution or the people's court verdict evidence."

The revised provisions:

Thirty-six, the sixty-fourth to the eighty-fourth, the second paragraph is revised as follows: "arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours.

Arrest, detention and shall cause the detainees suspected of crime, detained the premises immediately notify the detainee's close relatives, guardian or legal representative, not later than twenty-four hours; temporarily unable to notice or no close relatives, guardian or legal representative, it shall notify the unit or the villagers the committee, residents' committees; unidentified suspects, defendants, the public security organ identity data entry missing files, open the query."

      Thirty-seven, the sixty-fifth changed to eighty-fifth, is amended as: "the public security organ for detainee shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate."

"While in detention, in a detention center on detainee interrogation shall be taken as the cases of people's Procuratorate for examination and prosecution or the people's court verdict evidence."

Justification for the proposed changes:

(1") shall limit the scope would hinder the investigation", and a clear notice of time, otherwise the investigators will expand indefinitely "scope and other serious crimes", on the grounds that investigation, secret detention, does not notify the detainee's family, the serious human rights violations, contrary to international conventions.

(2) about can not inform the relatives in several cases, the provisions of laws of pure lines, is the"Forced disappearance","Secret detention"Legalization. Restriction of personal freedom of citizens, reconnaissance organs must be in24Relative hours to:1 The alleged offense; the legal procedures are adopt compulsory measures; and Where they were held in; ④ The unit and the handling person. This is the minimum requirement for the protection of the personal freedom of a citizen, not any exception.

(3No matter what crime is committed), as family members, should enjoy the right to know. In Chinese culture, family dependency and trust relationship is natural, not to destroy the social stability of the traditional.

(4) modern social communication is highly developed today, notice is not a problem in the technology, not be unable to inform the reason.

(5Detention review) is the premise is should be arrested, in order to avoid torture to extract confessions, should be "in the lockup on detainee interrogation shall be taken as the cases of people's Procuratorate for examination and prosecution or the people's court verdict evidence", so as to minimize the torture to extract confessions impetus and opportunities.

26, draft article thirty-nine

Suggested amendment:

(1) shall inform a clear case for free during residency custody or detention illegal without notice;

  (2According to the notice of detention) treatment.

The revised provisions:

The seventy-first changed to ninety-second, the second paragraph is revised as follows: "after the arrest, it shall immediately be arrested for custody. To arrest without detention, in accordance with the provisions of article eighty-fourth of the notice of the arrested person close relatives, guardian or legal representative; the detention of illegal without notice, inform, and investigate the relevant responsible persons of responsibility.

Justification for the proposed changes:

Recommendations and the draft amendment "" thirty-sixth revision for the same reasons.

29, "draft" forty-seventh

Suggested amendment:

(1Delete the first paragraph) in "major case, complex, detention, arrest measures need to be taken, summons, subpoena duration shall not exceed twenty-four hours" content.

(2The second paragraph is added) ", twelve hours after the call warrant shall take measures must be taken to detention, arrest, detention, arrest warrant, subpoena, to the detention, arrest and then sent to the sustained period of time shall not exceed twenty-four hours" content.

(3One paragraph is added as the third paragraph) "the first summons, subpoena or take bail, residential surveillance, detention, arrest last call, summon, to be summoned, its people's interrogation shall not be used as cases of people's Procuratorate for examination and prosecution or the people's court for the proof of decision."

The revised provisions:

 Forty-seven, the ninety-second to the 116th, the second paragraph is revised as follows: "call, summon duration shall not exceed twelve hours.

      "Call, twelve hours after the arrest in detention, arrest measures shall be taken, detention, arrest measures must be taken, summons, subpoena to detention, arrest and sent to the sustained period of time shall not exceed twenty-four hours, not to continuous summons, arrest or detention, arrest the criminal suspects into custody in disguised form to succeed. Call, summon the suspect, shall ensure that the suspect necessary food, rest time."

"First call, summon or take bail, residential surveillance, detention, arrest last call, summon, to be summoned, its people's interrogation shall not be used as cases of people's Procuratorate for examination and prosecution or the people's court verdict evidence."

Justification for the proposed changes:

(1Call, summon) twenty-four hours than the physiological limit of natural person, very inhuman;

(2) stipulated in the criminal procedural law is wrong; still can take other non detainment compulsory measures.

(3In practice, there are often called), arrest and detention, arrest replace form, based on these Provisions, sent to the detention center, the suspect is the restriction of personal freedom for up to two days, to avoid torture to extract confessions very bad.

(4) should be clearly negative, arrest and detention, arrest summoned for applicable connected, otherwise and continuous summons, subpoena is no different.

(5First, summons or subpoena) to bail, residential surveillance, detention, arrest last call, summon, premise is to examine whether the criminal compulsory measures should be taken, in order to avoid torture to extract confessions, should increase the paragraph, to minimize the torture to extract confessions impetus and opportunities.

SA, "draft" forty-eighth

Suggestions for modification:

 Will"Should the law to inform the suspect confess to leniency." Is amended as "should inform the suspect before the defenders can refuse to answer question."

The revised provisions:

The ninety-third changed to 117th, one paragraph is added as the second paragraph: "when, the investigators suspect, shall inform the suspect before the defenders can refuse to answer question."

Justification for the proposed changes:

About "The privilege against self incrimination "This is definitely a problem progress, accord with our country has signed the "International Covenant on Civil and political rights" provisions(Unfortunately, the National People's Congress has not yet approved). But the "draft" is still retained"The suspect of investigators question, shall truthfully answer"Terms, this is a contradiction!

34, "draft" fifty-sixth

Suggestions for modification:

  (1Article 147th), clear and limit the scope: Crimes of endangering national security, terrorism, organized crimes of the underworld;

   (2Article 148th) approval procedure is amended as "attorney at or above the provincial level people's Procuratorate long", limit two times.

(3Article 150th) approval procedure is amended as "attorney at or above the provincial level people's Procuratorate long", limit two times.

(4Modification of terms () quality certificate5) increased liability clause.

The revised provisions:

Fifty-six, in the second part second chapter seventh section after the increase, as in section eighth:

"Section eighth investigation

"147th investigation authorities in the case, for the crime of endangering national security, terrorism, organized crimes of the underworld after approved by the statutory procedures, can adopt the measures of technical investigation.

"Hunt is wanted or approved, and decided to arrest the escaped criminal suspects, defendants, approved, technical investigation measures can be taken to hunt the necessary.

"Technical investigation measures implemented by the state security organs, the public security organ.

"148th approval decisions should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. Adopt the measures of technical investigation long approved by the provincial people's Procuratorate, issued since the date is valid for three months. Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation, after the Supreme People's Procuratorate approval of the chief procurator, Yan Changsan months validity period.

"149th take the measures of technical investigation, should be strictly in accordance with the approved measures types, objects and for the implementation.

"The investigators for the state secrets, to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential, to take measures of technical investigation; the case had nothing to do with information and facts and materials, shall be destroyed without delay.

"Take the measures of technical investigation to obtain material, can only be used for crime investigation, prosecution and trial, shall not be used for other purposes.

"Public security organs to take measures of technical investigation according to law, the relevant units and individuals shall cooperate with the relevant information, and shall keep secret.

"150th in order to find out the truth, when necessary, by procuratorial at or above the provincial level people's Procuratorate approved by long, special personnel to carry out the secret investigation.

"The implementation of secret investigation, may induce others to crime, not methods may endanger public safety or serious personal danger.

"The illegal benefit drug product or property crime, the public security organ according to the investigation of a crime, in accordance with the provisions of the implementation can be controlled delivery.

"Article 151st" in accordance with the provisions of this section shall take the measures collected materials can be used as evidence in criminal proceedings, but violates the citizen right of privacy and other legitimate rights and interests of any."

   "For through the implementation of secret investigation to collect evidence, if the use of such evidence may endanger the personal safety of specific personnel, or may have other serious consequences, shall take not to expose the true identity of specific personnel protection measures for verification."

One article is added as article 152nd, the provisions of this section: "due to investigative measures violating the right to privacy and other legitimate rights and interests, have the right to obtain the state compensation or compensation."

Justification for the proposed changes:

(1) in many countries, the police and judges must apply for the permission to make this feasible power, the president has no right to! The exercise of technical investigation, secret reconnaissance right must have judicial review, not by the investigating authorities to decide; illegally technical investigation, secret investigation citizen should have judicial relief!

(2) for through the implementation of secret investigation to collect evidence, not verified in court, and verified, the court how to verify? Evidence of improper court testimony, how can it be accepted? so "for through the implementation of secret investigation to collect evidence, if the use of such evidence may endanger the personal safety of specific personnel, or may have other serious consequences, shall take not to expose specific personnel identity protection measures."

(3)Measures of technical investigation, secret investigation measures often violate the legitimate rights and interests of citizens, therefore, against the legitimate rights and interests of citizens to obtain evidence is illegal, can not be used as evidence, and shall have the right to obtain relief.

The 36, "draft" sixty-eighth

Suggested amendment:

(1)"Except for the defendant's spouse, parents, children."Amended as"Except for the defendant's spouse, parents, children and the defender."

(2) "if the circumstances are serious, shall be approved by the president, detained for ten days following. The person being punished refuses to accept the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop." Is amended as: "with the approval of the president, detained ten days following the. The person being punished refuses to accept the detention decision, can be in three days to a higher people's court for reconsideration, since the date of detention. During the period of reconsideration execution does not stop. The people's court at a higher level shall be the date of the application for reconsideration within three days of the receipt of the decision to make the final."

The revised provisions:

One article is added as Article 187th, "notice: after the people's court, the witness should appear in court as a witness. Witness no justification for not according to the notice of the people's court to testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children and the defenders except.

"The witness without valid reasons to avoid court or court refused to testify, approved by the president, detained ten days following the. The person being punished refuses to accept the detention decision, can be in three days to a higher people's court for reconsideration, since the date of detention. During the period of reconsideration execution does not stop. The people's court at a higher level shall be the date of the application for reconsideration within three days of the receipt of the decision to make the final.

 "Testimony, apply the provisions of the preceding two paragraphs."

Proposed to amend the reason:

(1According to the law on lawyers counsel) and the revised provisions, confidentiality obligations, therefore, should be exempt from testifying.

(2The witness) without a justifiable reason to avoid court or court later refused to testify, so the contempt of court's authority, the plot is not serious? In order to overcome the disadvantages of low rate of the witnesses to appear in court, should be serious to be deleted.

37, "draft" sixty-ninth

Suggested amendment:

(1The first paragraph, second paragraph) in the "application" to "requirements" ;

(2The third paragraph of this article) delete "court for the application, shall make a decision whether to consent." Regulations.

Appendix: the original provisions of criminal law

Article 159th During a court hearing, the parties and the defenders and agents ad litem, shall have the right to request new witnesses, obtain new material evidence, to apply for re identification or inspection.

The court for the above application, shall make a decision whether to consent.

The revised provisions:

Sixty-nine, the 159th changed to 191st, modify the contents of as:

"During the court hearing, the parties and the defenders and agents ad litem, shall have the right to request the new witnesses, obtain new material evidence, to apply for re identification or inspection.

"The prosecution, the parties and the defenders and agents ad litem, shall have the right to request the court notice of people with specific knowledge to appear as a witness, expert opinion to put forward opinions on the identification of the."

Suggested that the revision reasons:

(1Provisions for trial) can decide whether to allow both sides of appearing in court as a witness is not reasonable, should be cancelled. The judge must remain neutral, in order to find out the facts of the case, the parties should be allowed to witness testimony, especially to produce evidence, defense witnesses in court practice, a lot of defense witness by judge shut sb.

(2) related to "the Supreme People's Court on the implementation of<The criminal procedure law of the people's Republic of China>Interpretation of several issues "156th shall rebuild modify.

 

　　　The second part amendments to the Criminal Procedure Law (draft not proposed to amend the content)

 

A, originating litigation 1 
Legal provisions:
Article 1 in order to guarantee the correct implementation of the criminal law, punishing crimes, protecting the people, safeguarding state and public security, maintaining the socialist social order, according to the constitution, this law is enacted.
Suggested amendment: 
Will "protect the people" to "the protection of human rights" 
The revised provisions: 
    Article 1  In order to ensure the correct implementation of the criminal law, punishing crimes, protecting human rights, safeguarding state and public security, maintaining the socialist social order, according to the constitution, this law is enacted.
Proposed to amend the reason:

People is a political concept, people is the opposite of the enemy or bad people, for the people's enemies or bad, can be deprived of its right to a fair trial, defense and other procedural rights? On the contrary, to provide legal protection for all people are equal, is a basic task of the criminal procedure law. Therefore, should be the people to human rights.
Two, originating litigation law twelfth 
Legal provisions:
Article twelfth "Without the approval of the people's court to sentence, no person shall be found guilty."
Suggested amendment: 
Will"Without the approval of the people's court to sentence, no person shall be found guilty."Amended as"Any person without the approval of the people's court in accordance with legal procedures before convicted, shall be deemed to be guilty."
The revised provisions: 
Twelfth "any person without the approval of the people's court in accordance with legal procedures before convicted, shall be deemed to be guilty." 
Justification for the proposed changes: (to establish the principle of presumption of innocence) 
The principle of presumption of innocence has become one of the principles of criminal procedure law and the constitutional principle in modern countries, its basic meaning is: any person without sufficient evidence and the court convicted, shall be treated as innocent citizens. As a legal proposition, the principle of presumption of innocence has the basic characteristics and procedure rules inside, society has deep philosophical foundation and important political and legal significance. In building a socialist country under the rule of law, further development and perfection of the principle of presumption of innocence, become the modernization of criminal procedural law and the urgent needs of the times topic in our country. The amendment of the criminal procedure law soon, to take this opportunity to clear about the principle of presumption of innocence, increase the content changes, thus, can be in the legislation to the presumption of innocence from simple judicial philosophy to the rule of law level, so as to promote the principle of presumption of innocence in our criminal judicial field form and content is completely unified, this is the first need to resolve to improve China's criminal procedure law problems. 
Three, originating litigation law thirty-second 
Legal provisions:
　　"Article thirty-second: the suspect, the defendant in addition to exercising the right to defend himself, also may entrust one or two persons as his defenders. The following persons may be appointed as the defender: 
(a) a lawyer; 
(two) recommend people groups or criminal suspects, defendants unit person; 
(three) the suspect, the defendant's guardian, relatives and friends. 
　　"In accordance with the law are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders."
Suggested amendment: 
(1") will also may entrust one or two persons as his defenders" changed to "have the right to entrust defenders" .

(2") increased and their legal representatives, close relatives" Shall entrust a defender.
The revised provisions: 
Article thirty-second: "in addition to exercising the right to defend himself, the suspect, the defendant or his legal representative, close relatives have the right to entrust the following human defenders: 
(a) a lawyer; 
(two) recommend people groups or criminal suspects, defendants unit person; 
(three) the suspect, the defendant's guardian, relatives and friends. 
"In accordance with the law are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders." 
Justification for the proposed changes: 
(1Now the number of lawyers to practice)1996Years of the amendments to the criminal procedure law there is increased, the defender should not limit the amount of.

(2) the current judicial practice, the general is also the case handling units to inform the suspect, the defendant's relatives and friends for hire counsel, signed by the criminal suspects and defendants, relatives and friends on the proxy, at the meeting by the criminal suspect or defendant signature confirmation. The practice of rise to legal regulations, the time was ripe. Add "and legal representative, close relative" Shall entrust a defender and the front face of the third amendment to modify the coordinate.
Four, the original criminal law article 156th

Legal provisions:

Article 156th Witness testimony, the judges shall inform him to faithfully provide legal testimony and intentionally giving false testimony or conceal evidence to negative. The public prosecutor, the parties and the defenders and agents ad litem, with the permission of the presiding judge, may question the witnesses, authenticators. The presiding judge considers any questioning irrelevant to the case, shall stop.

The judicial personnel may question the witnesses, authenticators.

Suggested amendment:

Delete "with the permission of the presiding judge," part.

The revised provisions:

156th witness testimony, the judges shall inform him to faithfully provide legal testimony and intentionally giving false testimony or conceal evidence to negative. The public prosecutor, the parties and the defenders and agents ad litem, shall have the right to question the witnesses, authenticators. The presiding judge considers any questioning irrelevant to the case, can stop the.

The judicial personnel may question the witnesses, authenticators.

Justification for the proposed changes:

1The judge, must remain neutral, fully guarantee the parties to comment on people, appraisers for the right to ask the question.

2Relating to, "the Supreme People's Court on the implementation of<The criminal procedure law of the people's Republic of China>Interpretation of several issues "138th, 139th shall rebuild modify.

Five, the original criminal law article 160th

Legal provisions:

Article 160th With the permission of the presiding judge, the public prosecutor, the defender, agent ad litem and comments on the evidence and the case and may debate with each other. The judge declared after the end of the debate, the defendant shall have the right to present a final statement.

Suggested amendment:

Delete "with the permission of the presiding judge," part.

The revised provisions:

Article 160th  The public prosecutor, the defender, agent ad litem and has the right to express views on the evidence and the case and may debate with each other. The judge declared after the end of the debate, the defendant shall have the right to present a final statement.

Justification for the proposed changes:

His views on defense in the defendant, the defenders, magistrates, judges should remain neutral, cannot limit the defendant, defender shall make a statement of defence right. We should fully protect the defendant's right to defense, the defender.

Six, the original criminal law article 162nd

Legal provisions:

Article 162nd In the final statement of the defendant, the presiding judge shall announce an adjournment, the collegial panel for review, on the basis of the established facts, evidence and the relevant legal provisions, shall make the following judgments: 
(a) the case facts are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, shall make a guilty verdict; 
(two) according to the law, the defendant is innocent, shall make a judgment of acquittal; 
(three) the lack of evidence, not the defendant is guilty, should make the lack of evidence, the crime accused cannot be established the not guilty verdict.

Suggested amendment:

One paragraph is added as the second paragraph, "prior to the pronouncement of a judgment, the people's procuratorates demand the withdrawal of prosecution, the people's court shall a people's Procuratorate for examination and prosecution to withdraw the reason, and decide whether to permit the ruling." , clear withdrawal.

The revised provisions:

162nd in the last statement by defendant, the presiding judge shall announce an adjournment, the collegial panel for review, on the basis of the established facts, evidence and the relevant legal provisions, shall make the following judgments: 
(a) the case facts are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, shall make a guilty verdict; 
(two) according to the law, the defendant is innocent, shall make a judgment of acquittal; 
(three) the lack of evidence, not the defendant is guilty, should make the lack of evidence, the crime accused cannot be established the not guilty verdict.

"Prior to the pronouncement of a judgment, the people's procuratorates demand the withdrawal of prosecution, the people's court shall a people's Procuratorate for examination and prosecution to withdraw the reason, and decide whether to permit the ruling."
Justification for the proposed changes:

(1The criminal procedure law has not stipulated) procuratorate have withdrawal rights, and "interpretation" in criminal procedure177The "rules", the highest351The provisions of article gives procuratorate have withdrawal rights. Therefore, criminal procedure law should be clear.

(2) and the "Supreme People's Court on the implementation<The criminal procedure law of the people's Republic of China>Interpretation of several issues "177th," the people's Procuratorate rules of criminal procedure "three hundred and fifty-one coordination, eliminate not embarrassing situation.

 

Beijing Mo Shaoping law firm

Authors: Ding Xikui lawyer

                 Participants: Mo Shaoping, Ding Xikui, Xiao Wenbin, Ma Gangquan                                                                                                   2011Years9Month30Day