Article seventy-sixth The executing organ for 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.

The fifty-eighth people's court, the people's procuratorates and the public security organs of criminal suspects, defendants bail shall not exceed twelve months, residential surveillance shall not exceed six months.

Bail pending trial, surveillance, investigation, the case shall not be suspended prosecution and trial. The discovery should not be investigated for criminal responsibility or bail, residential surveillance period expires, shall promptly release the bail, residential surveillance. Lift the release on bail, residential surveillance, it shall timely notify the guarantor pending trial, residential surveillance and the units concerned.

The seventy-seventh people's court, the people's procuratorates and the public security organs of criminal suspects, defendants bail shall not exceed twelve months, residential surveillance shall not exceed six months.

Bail pending trial, surveillance, investigation, the case shall not be suspended prosecution and trial. The discovery should not be investigated for criminal responsibility or bail, residential surveillance period expires, shall promptly release the bail, residential surveillance. Lift the release on bail, residential surveillance, it shall timely notify the guarantor pending trial, residential surveillance and the units concerned.

Article fifty-ninth the arrest of the suspect, the defendant, must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ.

Article Seventy-eighth the arrest of the suspect, the defendant, must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ.

Article sixtieth there is evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, take bailResidential surveillance, etc.,It is not enough to prevent the occurrence of danger to society,Thus necessitating arrest,Shall be immediately arrested according to law.

　　Should be arrested the suspect, the defendant, if suffering from the serious disease, or are pregnant, breast-feeding her own baby, can use the bail pending trial or residential surveillance.

Article seventy-ninth To have evidence to prove the facts of the crime, may be sentenced penalty above the suspect, the defendant, to take bail pending trial is not enough to prevent the danger to the society, should be arrested:

　　(a) may implement the new crime;

(two) the real danger endanger national security, public security or public order;

(three) may destroy or forge evidence, witnesses or collusion of interference;

(four) the victim, informants, may take revenge the complainant implementation;

(five) in an attempt to Dutch act or escape.

　To have evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or there is evidence to prove the facts of the crime, may be sentenced penalty above, once an intentional crime or unidentified, should be arrested.

　　A guarantor pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance shall, if the circumstances are serious, can be arrested.

Article sixty-first the public security organ for the criminals or suspects, if any of the following circumstances, can advance detention:

(a) is preparing to commit a crime, a crime or is discovered immediately after committing a crime;

(two) the victim or the eyes see people identify his crime;

(three) found evidence of a crime in the side or residence;

(four) after the crime attempted to escape or Dutch act, the fugitive;

(five) the destruction, falsifying evidence or collusion possible;

(six) does not say real full name, address, identity is unknown;

(seven) there are people who commit crimes, crime, gang crime has great suspicion of.

Article eightieth the public security organ for the criminals or suspects, if any of the following circumstances, can advance detention:

(a) is preparing to commit a crime, a crime or is discovered immediately after committing a crime;

(two) the victim or the eyes see people identify his crime;

(three) found evidence of a crime in the side or residence;

(four) after the crime attempted to escape or Dutch act, the fugitive;

(five) the destruction, falsifying evidence or collusion possible;

(six) does not say real full name, address, identity is unknown;

(seven) there are people who commit crimes, crime, gang crime has great suspicion of.

Article sixty-second the public security organs to implement criminal detention, arrest in another area, it shall notify the public security organ in detention, arrest of the local public security organs, detention, arrest is located shall cooperate.

Article eighty-first the public security organs to implement criminal detention, arrest in another area, it shall notify the public security organ in detention, arrest of the local public security organs, detention, arrest is located shall cooperate.

Article sixty-third for any of the following cases, any citizen can immediately sent to the public security organs, people's Procuratorate or the people's court:

(a) is committing a crime or is discovered immediately after committing a crime;

(two) wanted for arrest;

(three) to escape from prison;

(four) are hunted.

Article eighty-second for any of the following cases, any citizen can immediately sent to the public security organs, people's Procuratorate or the people's court:

(a) is committing a crime or is discovered immediately after committing a crime;

(two) wanted for arrest;

(three) to escape from prison;

(four) are hunted.

Article sixty-fourthWhen a person detained by public security organs, must produce a warrant.

　　Detention, in addition to hinder the investigation or not notice, shall give the reasons for detention and the place, in twenty-four hours, notify the detainee's family or the unit to which he belongs.

Article eighty-third Arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours. In addition to not notice or suspected of crimes of endangering national security, terrorist activity crime notification would hinder the investigation of possible situation, should be in detention within twenty-four hours after notification, the detainee's family. After the investigation situation to disappear, it shall immediately notify the detainee's family.

Article sixty-fifth 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.The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance.

Article eighty-fourth The public security organs of the 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.

Sixty-sixth where a public security organ to arrest a criminal suspect, it shall submit a written request for approval of arrest, together with the case file and evidence, to the people's Procuratorate, together with the examination and approval. When necessary, the people's Procuratorate may send people to participate in the public security organ's discussion of a major case.

Eighty-fifth where a public security organ to arrest a criminal suspect, it shall submit a written request for approval of arrest, together with the case file and evidence, to the people's Procuratorate, together with the examination and approval. When necessary, the people's Procuratorate may send people to participate in the public security organ's discussion of a major case.

Article eighty-sixth The people's Procuratorate for examination and approval of arrest, can ask the criminal suspect; in any of the following circumstances, it shall interrogate the criminal suspect:

(a) have doubts about whether it meets the conditions for arrest;

(two) the suspect asked prosecutors to statement;

(three) the investigation may have serious illegal act.

The people's Procuratorate for examination and approval of arrest, may question the witnesses and other participants in the proceedings, to listen to the views of the defense lawyer; lawyer requested shall listen to the opinions, defense lawyer.

Sixty-seventh people's Procuratorate approved the arrest of the suspect by the decision of the chief prosecutor. Major cases shall be submitted to the Procuratorial Committee for discussion and decision.

Eighty-seventh people's Procuratorate approved the arrest of the suspect by the decision of the chief prosecutor. Major cases shall be submitted to the Procuratorial Committee for discussion and decision.

Article sixty-eighth the people's Procuratorate review for the public security organ for approval of arrest cases, shall according to the circumstances to approve or disapprove the arrest decision. If it decides to approve the arrest, the public security organ shall be executed immediately, and the implementation of timely notify the people's procuratorate. For non approval of arrest, the people's Procuratorate shall explain the reason, requires supplementary investigation, it shall notify the public security organ at the same time.

Article eighty-eighth the people's Procuratorate review for the public security organ for approval of arrest cases, shall according to the circumstances to approve or disapprove the arrest decision. If it decides to approve the arrest, the public security organ shall be executed immediately, and the implementation of timely notify the people's procuratorate. For non approval of arrest, the people's Procuratorate shall explain the reason, requires supplementary investigation, it shall notify the public security organ at the same time.

Article sixty-ninth the public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days.

For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days.

The people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notify the people's procuratorate. If further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

Article eighty-ninth the public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days.

For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days.

The people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notify the people's procuratorate. If further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

Article seventieth the public security organ decides to approve the arrest of a people's Procuratorate not, think is wrong, it may request a reconsideration, but must immediately release the detainee. If the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review. The higher people's Procuratorate shall immediately review, decide whether to change the decision, notify the lower level people's Procuratorate and the public security organ to implement.

Article ninetieth the public security organ decides to approve the arrest of a people's Procuratorate not, think is wrong, it may request a reconsideration, but must immediately release the detainee. If the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review. The higher people's Procuratorate shall immediately review, decide whether to change the decision, notify the lower level people's Procuratorate and the public security organ to implement.

Seventy-first when a public security organ to arrest people, must produce an arrest warrant.

After the arrest,In addition to impede the investigation orOther than not notice,The reason and the detention shall be arrested in the premises, within twenty-four hours to inform the family of the arrested person or the unit to which he belongs.

Ninety-first, when a public security organ to arrest people, must produce an arrest warrant.

    After the arrest,The arrested person shall immediately send custody. In addition to not notice,Should be in twenty-four hours after arrest, notify the family of the arrested person.

The seventy-second people's court, the people's Procuratorate for their decision to arrest the person, the public security organ for approval of arrest people's Procuratorate of the people, must be in detention after twenty-four hours of interrogation. The discovery should not arrested, must immediately release, issued a release certificate.

The ninety-second people's court, the people's Procuratorate for their decision to arrest the person, the public security organ for approval of arrest people's Procuratorate of the people, must be in detention after twenty-four hours of interrogation. The discovery should not arrested, must immediately release, issued a release certificate.

Article ninety-third The suspect, the defendant was arrested, the people's Procuratorate shall still the necessity of the detention review. The detention is not necessary, should be recommended to be released or alteration of the compulsory measures. The relevant authorities shall within ten days to notify the people's procuratorate.

The seventy-third people's court, the people's procuratorates and the public security organs if found on the suspect, the defendant to take coercive measures improper, it shall timely cancel or change. The public security organs to release those arrested or change the measure of arrest, it shall notify the people's Procuratorate approved.

The ninety-fourth people's court, the people's procuratorates and the public security organs if found on the suspect, the defendant to take coercive measures improper, it shall timely cancel or change. The public security organs to release those arrested or change the measure of arrest, it shall notify the people's Procuratorate approved.

Fifty-second of the criminal suspect in custody, the defendant and his agent ad litem, near relatives shall have the right toApplication for bail.

Article ninety-fifth The suspect, the defendant or his legal representative, close relative or lawyer has the right toApplication 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, and explain the reasons for disapproval.

Seventy-fourth cases of criminal suspects, the accused in custody, custody, not in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, require continued investigation, trial, the criminal suspect, the defendant can bail or residential surveillance.

Article ninety-sixth The suspect, the defendant in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial banjie,The suspect, the defendant shall release;Need to verify, trial, the criminal suspect, the defendant can bail or residential surveillance.

Article seventy-fifthThe suspect, the defendant or his legal representative, close relative or criminal suspects and defendants, the lawyers and other defenders entrusted to the people's court, people's Procuratorate or public security organs to take coercive measures to exceed the time limit prescribed by law, have the right to request the cancellation of the compulsory measures. The people's court, people's Procuratorate or a public security organ for criminal suspects, defendants are compulsory measures exceeding the prescribed time limit, shall release the lifting bail, residential surveillance or alteration of the compulsory measures according to law.

Article ninety-seventh  The people's court, people's Procuratorate or public security organs to the compulsory measures adopted by the statutory period expires the suspect, the defendant shall release, release, release on bail, residential surveillance or alteration of the compulsory measures according to law. The suspect, the defendant or his legal representative, close relative or lawyer to the people's court, the people's Procuratorate or public security organs to take coercive measures to the statutory period expires, the right to request the lifting of compulsory measures.

Article seventy-sixth the people's Procuratorate for examination and approval of the arrest of the work, if it is found that the investigation of the public security organ violations of the law, it shall notify the public security organ to make corrections, the public security organ shall notify the people's Procuratorate will correct.

Article ninety-eighth the people's Procuratorate for examination and approval of the arrest of the work, if it is found that the investigation of the public security organ violations of the law, it shall notify the public security organ to make corrections, the public security organ shall notify the people's Procuratorate will correct.

The seventh chapter of incidental civil action

(The seventy-seventh changed to two, as ninety-ninth, 100th)

Article seventy-seventh the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action.

If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action.

The people's court when necessary, and may seal up or distrain the property of the defendant.

Article ninety-ninth the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action.The victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action.

If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action.

The 100th people's court when necessary,Can take preservation measures, seizure, seizure or freezing the property of the defendant. Plaintiff of the supplementary civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. The people's courts to take preventive measures, the relevant provisions of the civil procedure law applicable.

Article 101st The people's Court of the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.

Article Seventy-eighth incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action.

Article 102nd incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action.

The eighth chapter, during the service

Seventy-ninth time periods shall be calculated by the time, day, month.

During the beginning of the day and not be counted as within the time period.

A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration, not expired.

103rd time periods shall be calculated by the time, day, month.

During the beginning of the day and not be counted as within the time period.

A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration, not expired.

The last day of the period for the holiday, the first day after the holiday to the expiration date, but the suspect, defendant or criminal in custody, should to the expiration date, shall not be extended because of the holidays.

Article eightieth party due to irresistible causes or for other legitimate reasons and time limit, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.

Whether or not to approve the application mentioned in the preceding paragraph, the people's court shall rule.

Article 104th party due to irresistible causes or for other legitimate reasons and time limit, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.

Whether or not to approve the application mentioned in the preceding paragraph, the people's court shall rule.

Eighty-first summons, notices and other court documents shall be delivered to the addressee himself; if I am not in, can give his adult family members or unit responsible for collection.

The recipient or my behalf refuses to accept or reject the time signature, seal, service people can invite his neighbours or other witnesses to the scene, explain the situation, put the files in his residence, record the particulars of the refusal, the date of service in the service certificate, sent by the Master signature, that has been delivered.

105th summons, notices and other court documents shall be delivered to the addressee himself; if I am not in, can give his adult family members or unit responsible for collection.

The recipient or my behalf refuses to accept or reject the time signature, seal, service people can invite his neighbours or other witnesses to the scene, explain the situation, put the files in his residence, record the particulars of the refusal, the date of service in the service certificate, sent by the Master signature, that has been delivered.

Other provisions of chapter ninth

Article eighty-second the following terms used in this Law means:

(a) "investigation" refers to the public security organs, people's procuratorates in the process of handling cases, in accordance with the laws of surveys and compulsory measures;

(two) "parties" means the plaintiff victim, private prosecutor, criminal suspects, defendants, and defendants in incidental civil actions;

(three) "legal representative" refers to an agent's parents, foster parents, guardians and bear the responsibility to protect organs, representative group;

(four) "participants in the proceedings" means the parties, legal representatives, agents, counsel, witnesses, appraisers and translators;

(five) "agent" refers to the victim in a case of public prosecution and their legal representatives or near relatives in a case of private prosecution, the prosecutor and his legal agent entrusted to participate in litigation of the people and the party in an incidental civil action and the legal agent entrusted to participate in litigation;

(six) "close relatives" refers to the husband, wife, father, mother, son, daughter, brothers and sisters.

Article 106th the following terms used in this Law means:

(a) "investigation" refers to the public security organs, people's procuratorates in the process of handling cases, in accordance with the laws of surveys and compulsory measures;

(two) "parties" means the plaintiff victim, private prosecutor, criminal suspects, defendants, and defendants in incidental civil actions;

(three) "legal representative" refers to an agent's parents, foster parents, guardians and bear the responsibility to protect organs, representative group;

(four) "participants in the proceedings" means the parties, legal representatives, agents, counsel, witnesses, appraisers and translators;

(five) "agent" refers to the victim in a case of public prosecution and their legal representatives or near relatives in a case of private prosecution, the prosecutor and his legal agent entrusted to participate in litigation of the people and the party in an incidental civil action and the legal agent entrusted to participate in litigation;

(six) "close relatives" refers to the husband, wife, father, mother, son, daughter, brothers and sisters.

Second filing a case, investigation and prosecution

The first chapter case

Eighty-third where a public security organ or the people's procuratorate finds the facts of a crime or a criminal suspect, shall be in accordance with the scope of jurisdiction, investigation.

107th where a public security organ or the people's procuratorate finds the facts of a crime or a criminal suspect, shall be in accordance with the scope of jurisdiction, investigation.

The eighty-fourth article of any units and individuals to find the facts of the crime or criminal suspects, has the right and obligation to the public security organs, people's Procuratorate or the people's court or report.

The victim to infringe upon their personal, property rights of the facts of the crime or criminal suspects, have the right to a public security organ, a people's Procuratorate or the people's court report or accusation.

The public security organs, people's Procuratorate or the people's court for the report, complaint, report, should be accepted. For does not fall under its jurisdiction, it shall transfer the case to the competent authority, and notify the complainant, accuser, informants; case does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures, and shall transfer the case to the competent authority.

The crime to the public security organs, people's Procuratorate or the people's court to surrender, provisions of the third paragraph shall apply.

The 108th article of any units and individuals to find the facts of the crime or criminal suspects, has the right and obligation to the public security organs, people's Procuratorate or the people's court or report.

The victim to infringe upon their personal, property rights of the facts of the crime or criminal suspects, have the right to a public security organ, a people's Procuratorate or the people's court report or accusation.

The public security organs, people's Procuratorate or the people's court for the report, complaint, report, should be accepted. For does not fall under its jurisdiction, it shall transfer the case to the competent authority, and notify the complainant, accuser, informants; case does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures, and shall transfer the case to the competent authority.

The crime to the public security organs, people's Procuratorate or the people's court to surrender, provisions of the third paragraph shall apply.

The eighty-fifth report, complaint, report may be filed in writing or orally. Receiving an oral report, complaint report, staff, shall make a written record of being read, correct, sealed by the reporter, complainant, accuser signature or.

Receiving the complaint, the staff report, the legal responsibility to the complainant, accuser shall be the false accusation. However, as long as not fabricate facts, forges evidence, even if the accused, report the facts have access, or even mistaken complaint, also want to and false strict distinction.

The public security organs, people's Procuratorate or the people's court shall guarantee the informant, the complainant, accuser and near relatives. The informant, the complainant, accuser if unwilling to disclose his name and reporting, complaint, report acts, he shall be kept secret.

The 109th report, complaint, report may be filed in writing or orally. Receiving an oral report, complaint report, staff, shall make a written record of being read, correct, sealed by the reporter, complainant, accuser signature or.

Receiving the complaint, the staff report, the legal responsibility to the complainant, accuser shall be the false accusation. However, as long as not fabricate facts, forges evidence, even if the accused, report the facts have access, or even mistaken complaint, also want to and false strict distinction.

The public security organs, people's Procuratorate or the people's court shall guarantee the informant, the complainant, accuser and near relatives. The informant, the complainant, accuser if unwilling to disclose his name and reporting, complaint, report acts, he shall be kept secret.

Article eighty-sixth the people's courts, the people's Procuratorate or the public security organ to report to the police report, complaint, and surrender the material, should be in accordance with the scope of jurisdiction, promptly examine, believes that there are facts of a crime and criminal responsibility, should be placed on file; that no criminal facts, or the criminal facts are obviously minor, need not when, shall be investigated for criminal responsibility shall not put on record, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration.

Article 110th the people's courts, the people's Procuratorate or the public security organ to report to the police report, complaint, and surrender the material, should be in accordance with the scope of jurisdiction, promptly examine, believes that there are facts of a crime and criminal responsibility, should be placed on file; that no criminal facts, or the criminal facts are obviously minor, need not when, shall be investigated for criminal responsibility not to put on record, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration.

Article eighty-seventh the people's Procuratorate think of the public security organ shall be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice.

Article 111st the people's Procuratorate think of the public security organ shall be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice.

Article eighty-eighth for the case of private prosecution, the victim has the right to bring a suit directly to a people's court. The victim's death or incapacity, his legal representatives, near relatives shall have the right to bring a suit to the people's court. The people's court shall accept the case according to law.

Article 112nd for the case of private prosecution, the victim has the right to bring a suit directly to a people's court. The victim's death or incapacity, his legal representatives, near relatives shall have the right to bring a suit to the people's court. The people's court shall accept the case according to law.

The second chapter investigation

Section 1 General Provisions

Article eighty-ninth the public security organ to a criminal case which has been filed, must carry on the investigation, evidence collection, obtaining the guilt or innocence of the crime suspect, light or heavy crime. Active criminals or suspects can be detained first according to law, meet the conditions for arrest criminal suspects, should be arrested according to law.

Article 113rd the public security organ to a criminal case which has been filed, must carry on the investigation, evidence collection, obtaining the guilt or innocence of the crime suspect, light or heavy crime. Active criminals or suspects can be detained first according to law, meet the conditions for arrest criminal suspects, should be arrested according to law.

Article ninetieth the public security organs after investigation, on the evidence of the facts of the crime cases, shall conduct pre-trial evidence collection, investigation, to verify the.

Article 114th the public security organs after investigation, on the evidence of the facts of the crime cases, shall conduct pre-trial evidence collection, investigation, to verify the.

Article 115th The party and the defender, agent ad litem, interested party has one of the following acts for the judicial organs and their staff, have the right to appeal against the authority or:

(a) to take coercive measures to the statutory period, not to be released, dissolution or change;

(two) shall refund the deposit is not refundable bail;

(three) to have nothing to do with the case of property seizure, seizure, freezing measures;

(four) shall terminate the seizure, seizure, freezing not released;

(five) the corruption, embezzlement, privately divide, exchange, in violation of the provisions of the use of attachment, seizure, freezing of property.

The admissibility of the complaint or accusation shall be timely treatment. To handle the appeal, it may appeal to the people's Procuratorate at the same level; the people's Procuratorate cases directly accepted, it may appeal to the upper level people's procuratorate. The people's Procuratorate shall timely examine on the appeal, the case, notify the relevant authorities to rectify.

The second section the interrogation of criminal suspects

Article ninety-first the interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel. During an interrogation, the investigators shall not be less than two.

Baiyishiliu stripThe interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel. During an interrogation, the investigators shall not be less than two.

    Criminal suspects were sent to the detention center custody, investigators questioned its, should be in detention center.

Article ninety-second does not need to be arrested, detained the suspect, the suspect may be summoned to a designated place city, county lies within or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents.

Summons, the longest duration of detention shall not exceed twelve hours. Not to continuous summons, subpoena criminal suspects into custody in disguised forms.

Article 117th Do not need to arrest, detention of criminal suspects, may be summoned to a designated place city, county lies within the criminal suspect or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents. To found at the scene of the crime suspect, by working to produce documents, can be summoned verbally, but shall be marked in the transcripts of interrogation.

　Call, summon duration shall not exceed twelve hours; the case particularly heavy, complicated, need to take the measure of arrest, detention, subpoena, summons for time not exceeding twenty-four hours.

Not to continuous summons, subpoena criminal suspects into custody in disguised forms.Call, summon the suspect, shall ensure that the suspect's diet and the necessary rest time.

When the ninety-third investigators in the interrogation of a criminal suspect, shall first ask the criminal suspect whether a crime, let him state the circumstances of his guilt or innocence excuse, then put a question to him. The suspect of investigators question, shall truthfully answer. But irrelevant to the case, have the right to refuse to answer.

When the 118th investigators in the interrogation of a criminal suspect, shall first ask the criminal suspect whether a crime, let him state the circumstances of his guilt or innocence excuse, then put a question to him. The suspect of investigators question, shall truthfully answer. But irrelevant to the case, have the right to refuse to answer.

When the investigators suspect, should the law to inform the suspect confess to leniency.

Article ninety-fourth deaf, dumb interrogation of criminal suspects, there should be a deaf mute, gesture people participate in, and this situation shall be noted in the record.

Article 119th deaf, dumb interrogation of criminal suspects, there should be a deaf mute, gesture people participate in, and this situation shall be noted in the record.

Ninety-fifth of the transcripts of interrogation shall be checked for criminal suspects, without reading ability, shall be read to him. If if there is any omission or error, the criminal suspect may make additions or corrections. The suspect acknowledges that the record is free from error, he shall sign or affix his seal. The investigators shall also sign the record. The suspect requests to write a personal statement, he shall be permitted to. When necessary, the investigators may also ask the criminal suspect to write a personal statement.

120th of the transcripts of interrogation shall be checked for criminal suspects, without reading ability, shall be read to him. If if there is any omission or error, the criminal suspect may make additions or corrections. The suspect acknowledges that the record is free from error, he shall sign or affix his seal. The investigators shall also sign the record. The suspect requests to write a personal statement, he shall be permitted to. When necessary, the investigators may also ask the criminal suspect to write a personal statement.

Article 121st When the investigators suspect, can the audio or video recording of the interrogation process; there may be sentenced to life imprisonment, the death penalty cases or other serious crimes, shall carry out the sound recording or video recording of the interrogation process.

Audio or video recordings shall be full, maintain integrity.

Article ninety-sixth of the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, can hire lawyers to provide legal advice, to its appeal, accuse agent. If the criminal suspect is arrested, the appointed lawyer may apply for bail. Cases involving state secrets, the criminal suspect to hire a lawyer, shall be subject to the approval of the investigation organ.

The appointed lawyer shall have the right to the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody, the suspect information related to the case. The lawyer meets with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present. Cases involving state secrets, the lawyer meets with the criminal suspect in custody, shall be subject to the approval of the investigation organ.

Cancel ninety-sixth

The third section of questioning the witness

Article ninety-seventh the investigators asked the witness,To witness the unit or residence, but they must produce a people's Procuratorate or a public security organ documents. When necessary, they may also notify the witness to the people's Procuratorate or public security organ to provide testimony.

　  Witnesses shall be questioned individually.

Article 122nd The investigators asked the witness,Can be carried out in the field, also can be the witness unit, residence and witness this place, when necessary, may also notify the witness to the people's Procuratorate or public security organ to provide testimony. The examination of witnesses at the scene, they shall show their work certificates, to witness the unit, residence and witness the location of questioning the witness, the people's Procuratorate or the public security organ shall present the documents.

Witnesses shall be questioned individually.

Ninety-eighth witnesses, shall inform him shall faithfully provide evidence, legal responsibility of testimony and intentionally giving false testimony or conceal evidence to negative.

　　Ask the witness under the age of eighteen, his legal representative may be notified to.

123rd witnesses, shall inform him shall faithfully provide evidence, legal responsibility of testimony and intentionally giving false testimony or conceal evidence to negative.

Ask the witness under the age of eighteen, his legal representative may be notified to.

The ninety-ninth article of this law the provisions of article ninety-fifth, also apply to the questioning of witnesses.

Article 124th of this LawArticle 120thThe provisions also apply to the questioning of witnesses.

100th ask the victim, to apply the provisions of all articles in this section.

125th ask the victim, to apply the provisions of all articles in this section.

The fourth section inspection, inspection

101st investigators shall conduct an inquest or examination for crime related sites, objects, people, the body. When necessary, may designate or hire people with expertise, conduct an inquest, inspection under the direction of the investigators.

126th investigators shall conduct an inquest or examination for crime related sites, objects, people, the body. When necessary, may designate or hire people with expertise, conduct an inquest, inspection under the direction of the investigators.

The 102nd article of any units and individuals, have the obligation to protect the scene of the crime, and immediately notify the public security organ to inspection.

The 127th article of any units and individuals, have the obligation to protect the scene of the crime, and immediately notify the public security organ to inspection.

Execution of an inquest or examination, the investigatory personnel must hold 103rd, a people's Procuratorate or public security organs document.

Execution of an inquest or examination, the investigatory personnel must hold 128th, a people's Procuratorate or public security organs document.

Article 104th for the bodies of unknown cause, the public security organs have the right to decide the anatomy, and notify the family members of the deceased to.

Article 129th for the bodies of unknown cause, the public security organs have the right to decide the anatomy, and notify the family members of the deceased to.

105th in order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body.

If a criminal suspect refuses to be examined, the investigators deem it necessary, may be forced to check.

Check the women's body, should be conducted by female officers or doctors.

Article 130th In order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body,Can extract fingerprint information, collection of blood, urine and other biological samples.

If a criminal suspect refuses to be examined, the investigators deem it necessary, may be forced to check.

Check the women's body, should be conducted by female officers or doctors.

Article 106th inspection, examination shall be written record, sealed by the participants in the inquest, inspection and witness the signature or.

Article 131st inspection, examination shall be written record, sealed by the participants in the inquest, inspection and witness the signature or.

107th when a people's Procuratorate examining a case, the public security organs of the inspection, examination, considers it necessary to re inspection, review, may request the public security organ to retest, review, and may send procurators in.

132nd when a people's Procuratorate examining a case, the public security organs of the inspection, examination, considers it necessary to re inspection, review, may request the public security organ to retest, review, and may send procurators in.

108th in order to find out the truth, when necessary, byThe Public Security BureauApproval, investigative experiments may be conducted.

Investigative experiment, banning all enough to cause danger, humiliating or be destructive to the morals behavior.

Article 133rd In order to find out the truth, when necessary, byThe head of a public security organApproval, investigative experiments may be conducted.

　　The experiment should be written transcripts, sealed by the participants signed or.

Investigative experiment, banning all enough to cause danger, humiliating or be destructive to the morals behavior.

The fifth section

109th in order to collect the evidence of the crime, the crime, the criminal suspect and the investigators may might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places.

134th in order to collect the evidence of the crime, the crime, the criminal suspect and the investigators may might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places.

The 110th article of any units and individuals have the obligation, in accordance with the people's procuratorates and the public security organs requirements, surrender may prove the criminal suspect's guilt or innocence material evidence, documentary evidence, audiovisual materials.

Article 135th　Any unit and individual, obligation in accordance with the people's procuratorates and the public security organs requirements, surrender may prove the criminal suspect's guilt or innocence material evidence, documentary evidence, audiovisual materialsEvidence.

Article 111st must search, the person to be searched a search warrant.

When an arrest, detention, in case of emergency, without using a search warrant to search.

Article 136th must search, the person to be searched a search warrant.

When an arrest, detention, in case of emergency, without using a search warrant to search.

112nd when a search, should be searched or his family members, his neighbours or other witnesses.

Body search of women, should be conducted by female officers.

137th when a search, should be searched or his family members, his neighbours or other witnesses.

Body search of women, should be conducted by female officers.

The 113rd shall make a written record of a search, the person to be searched or his family members, his neighbours or other witnesses shall affix their signatures or seals. If the person to be searched or his family members have become fugitives or refuse to sign, seal, it shall be indicated in the notes.

The 138th shall make a written record of a search, the person to be searched or his family members, his neighbours or other witnesses shall affix their signatures or seals. If the person to be searched or his family members have become fugitives or refuse to sign, seal, it shall be indicated in the notes.

The sixth day detention material evidence, documentary evidence

The sixth sectionAttachment,Seizure of material evidence, documentary evidence

114th at the inquest, search that may be used to prove various articles and documents, the suspect's guilt or innocence shall be seized; irrelevant to a case may not be seized items, documents.

Seized articles and documents, shall be properly kept or sealed up, and shall not use or damage.

Article 139th Found in the investigation activities may be used to prove a property, the suspect's guilt or innocence shall fileAttachment, seized; irrelevant to a case, file property, shall not beAttachment, seizure.

The attachment, seizure of property, documents, shall be properly kept or sealed up, do not use,ExchangeDamage or destruction of.

Article 115th for the seized articles and documents, should be with the eyewitnesses and the holder of the seized articles were clear, on the list of two copies,By the investigators, the witness and the holder of the signature or seal, a given to the holder, the other copy shall be kept on file for reference.

Article 140th YesAttachment,The seizure of property, documents, should be with the eyewitnesses andThe seizure, seizure of property, file holder on the spot were clear, make a list of two copies, by the investigators, the witness and the holder of the signature or seal, a given to the holder, the other copy shall be kept on file for reference.

116th investigators think need to detain suspects mail, telegraph, approval of the public security organ or the people's Procuratorate, notify the post and telecommunications offices to mail, telegraph inspection to seizure.

Do not need to continue to detain, shall immediately notify the post and telecommunications offices.

141st investigators think need to detain suspects mail, telegraph, approval of the public security organ or the people's Procuratorate, notify the post and telecommunications offices to mail, telegraph inspection to seizure.

Do not need to continue to detain, shall immediately notify the post and telecommunications offices.

Article 117th the people's Procuratorate, the public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions of the deposit, remittance.

The suspect's deposits, remittances have been frozen, it may not be frozen again.

Article 142nd The people's Procuratorate, the public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions of the deposit, remittance,Bond, stock, fund and other property.The units and individuals concerned shall cooperate with the.

The suspect deposit, remittance,Bond, stock, fund and other propertyHave been frozen, it may not be frozen again.

Article 118th for the seized articles, documents, mail, telegram or frozen deposits, remittances, find out the irrelevant to the case shall be cancelled within three days, seizure, freezing, returned to their original owners or the original post and telecommunications offices.

Article 143rd for the seized articles, documents, mail, telegram or frozen deposits, remittances, find out the irrelevant to the case shall be cancelled within three days, seizure, freezing, returned to their original owners or the original post and telecommunications offices.

The seventh section identification

119th in order to find out the case, when the need for some specific problems to solve in the case, shall appoint, hire an expert who was identified.

144th in order to find out the case, when the need for some specific problems to solve in the case, shall appoint, hire an expert who was identified.

Article 120th after verification, the experts shall writeConclusion, and signature.

　Medical identification of personal injury controversial needs to be identified or medical expertise on mental illness, designated by the people's government at the provincial level hospital. After verification, shall write a conclusion of expert evaluation, and signed by the appraiser, a hospital official seal.

Identification of intentionally makes a false verification, he shall assume legal responsibility.

Article 145th After verification, the experts shall writeOpinion, and signature.

Identification of intentionally makes a false verification, he shall assume legal responsibility.

Article 121st the investigation organ shall be used as the evidence of identificationConclusionTo inform the suspect, the victim. If the criminal suspect, the victim can apply, supplementary identification or re identification.

Article 146th the investigation organ shall be used as the evidence of identificationOpinionTo inform the suspect, the victim. If the criminal suspect, the victim can apply, supplementary identification or re identification.

During the 122nd as a psychiatric evaluation of criminal suspects are not included in the deadline.

During the 147th as a psychiatric evaluation of criminal suspects are not included in the deadline.

The eighth section technical investigation measures

Article 148th the public security organs in the case, for the crime of endangering national security, terrorism, organized crimes of the underworld, serious drug crime or other serious harm to society of criminal cases, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation.

The people's Procuratorate in the case, the major crime of embezzlement, bribery crimes and serious violations of civil power of body right use, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation, in accordance with the relevant authorities.

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

Article 149th the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. Since the date of issue of the approval decision within 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 approval, the validity period may be extended, each time shall not exceed three months.

Article 150th to take measures of technical investigation, should be strictly in accordance with the approved measures, applicable objects and limit types.

The investigators state secrets, to know to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential, to take measures of technical investigation; get nothing to do with the case materials, must be destroyed.

Adopt 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.

151st in order to find out the truth, when necessary, by the public security organs of the person responsible for the decision, by the relevant personnel to conceal its identity of the implementation of the investigation. However, not tempt others to commit a crime, not methods may endanger public safety or serious personal danger.

The payment of goods prohibited drugs 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 152nd in accordance with the provisions of this section to investigative measures collected materials can be used as evidence in criminal proceedings. If you use this evidence may endanger the personal safety, or have other serious consequences, shall take not to expose the identity, technology and other relevant personnel protection measures, when necessary, can by the judge in the court to verify evidence.

ArticleEightFestival

ArticleNineFestival

Article 123rd of criminal suspect who should be arrested a fugitive, a public security organ may issue a warrant, take effective measures, hunt him down.

The public security organs at all levels within the area under its jurisdiction, arrest warrant can be issued; areas beyond their jurisdiction, shall be reported to higher authorities the right to decide the release.

Article 153rd of criminal suspect who should be arrested a fugitive, a public security organ may issue a warrant, take effective measures, hunt him down.

The public security organs at all levels within the area under its jurisdiction, arrest warrant can be issued; areas beyond their jurisdiction, shall be reported to higher authorities the right to decide the release.