"Criminal law amendment" (Quan Wen)

Decision of the National People's Congress on the revision of "Criminal Procedure Law" of the people's Republic of China

(by March 14, 2012 eleventh session of the National People's Congress fifth conference)

Order of the Peoples Republic of China

No. fifty-fifth

"The National People's Congress on the revision of 'of the people's Republic of China Criminal Procedure Law"' decision of the people's Republic of China the Eleventh National People's Congress fifth conference was passed in March 14, 2012, is hereby promulgated, shall enter into force as of January 1, 2013.

Hu Jintao president of the people's Republic of China

March 14, 2012

The eleventh session of the National People's Congress fifth conference decided to make the following amendments to the "Criminal Procedure Law" of the people's Republic of china:

One, the second shall be amended as: "the criminal procedure law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively fight against crimes, safeguard the socialist legal system, respect and the protection of human rights, the protection of citizens' rights of the person, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction."

Two, the fourteenth paragraph is amended as: "the people's courts, the people's procuratorates and the public security organs shall safeguard the criminal suspects, defendants and other participants in the proceedings shall have the right to counsel and other litigation rights."

Delete paragraph second.

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

"(a) to endanger national security, terrorism cases;

"(two) may be sentenced to life imprisonment, the death penalty cases."

Four, thirty-first shall be amended as: "a challenge under this chapter shall apply to court clerks, interpreters and identification of human.

"The defender, agent ad litem may require avoidance, apply for reconsideration in accordance with the provisions of this chapter."

Five, thirty-third shall be amended as: "the suspect since the first interrogation by the investigatory organ or coercive measures taken to date, has the right to entrust defenders; in the investigation period, can only be entrusted lawyer. The accused has the right to entrust defenders at any time.

"When the investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, it shall inform the criminal suspect has the right to entrust defenders. The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders. The people's court shall accept the case within three days, it shall inform the defendant has the right to entrust defenders. The suspect, the defendant in custody requests entrust a defender, the people's court, the people's procuratorates and the public security organs shall promptly convey the requirements.

"The suspects, defendants in custody, also by the guardian, close relatives to entrust defenders.

"The defenders by criminal suspect, defendant after commissioning, it shall promptly inform the court authority."

Six, thirty-fourth shall be amended as: "the suspect, the defendant due to financial difficulties or other reasons, has not entrusted a defender, and near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the.

"The suspect, the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct, not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.

"The suspect, the defendant who may be sentenced to life imprisonment or death, did not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the."

Seven, thirty-fifth shall be amended as: "the responsibility of a defender shall according to the facts and the law, materials and opinions put forward the suspect, the defendant not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the litigation rights and other lawful rights and interests."

Eight, one article is added as Article thirty-sixth,: "defense counsel in the investigation period can provide legal assistance for criminal suspects; complaints, charges; apply for alteration of the compulsory measures; to the investigation organ about the crime suspect guilty and cases, put forward its opinions."

Nine, the thirty-sixth changed to two, as thirty-seventh, thirty-eighth, amended as:

"Thirty-seventh defense lawyers with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant.

"Defense lawyer to lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange to meet, not later than forty-eight hours.

"The crime of endangering national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ. Of these cases, the investigation organ shall notify the.

"The lawyer meets with the criminal suspect in custody, the defendant, the understanding of the circumstances of the case, to provide legal consulting; since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence. Defense lawyers met the suspect, the defendant is not to be monitored.

"Defense lawyer with the criminal suspects, defendants met, communication, applies the first, third, fourth.

"Thirty-eighth defense lawyers of the people's Procuratorate date, consult, extract, copy the file material. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material."

Ten, increase two, as thirty-ninth, fortieth:

"Article thirty-ninth the defender believes in the investigation, prosecution during the public security organs, people's Procuratorate collected prove the criminal suspect, the defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court.

"Article fortieth of criminal suspects defender collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate."

Eleven, the thirty-eighth changed to forty-second, is amended as: "to defend or any other person, shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference proceedings of the judicial organs.

"In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law, defendants suspected of a crime, the case shall be undertaken by outside counsel for the investigating authority. The defender is a lawyer, it shall timely notify the law firm or the lawyers' association."

Twelve, increase two, as forty-sixth, forty-seventh:

"And the information about the forty-sixth defense attorney known in practice, have the right to keep confidential. However, defense lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely inform the.

"Article forty-seventh the defenders and agents ad litem, think that the public security organs, people's Procuratorate, the people's court and its personnel impede their exercise their litigation rights according to law, have the right to sue to the same level or the people's Procuratorate at a higher level to file a complaint or. The people's Procuratorate to appeal or accusation shall timely carry out the examination, is the case, notify the relevant authorities to rectify."

Thirteen, the forty-second changed to forty-eighth, is amended as: "can be used to prove the material facts of the case, is evidence.

"Evidence includes:

"(a) evidence;

"(two) documentary evidence;

"(three) the testimony of a witness;

"(four) statement of the victim;

"(five) the suspect, the defendant confession and exculpation;

"(six) the expert opinion;

"(seven), an inquest or examination, identify, Investigative Experiment record;

"(eight) of audio-visual materials, electronic data.

"The evidence must be verified before it can be taken as a basis."

Fourteen, one article is added as Article forty-ninth,: "the burden of proof the defendant guilty of the criminal prosecution shall be borne by the people's Procuratorate, the burden of proof of defendant guilty the case of private prosecution shall be borne by the private prosecutor."

Fifteen, the forty-third changed to fiftieth, is amended as: "the judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods, no person shall be forced to prove himself to be guilty. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, can be brought in to help the investigation."

Sixteen, the forty-fifth changed to fifty-second, one paragraph is added as the second paragraph: ", the administrative organ in the administrative law enforcement and investigation to collect evidence, documentary evidence in the case, audio-visual materials, electronic data evidence, in criminal proceedings can be used as evidence."

The second paragraph to paragraph third, amended as: "involving state secrets, commercial secrets, personal privacy shall be kept confidential evidence."

Seventeen, the forty-sixth changed to fifty-third, is amended as: "of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is reliable and sufficient, can the defendant is found guilty and sentenced to a criminal punishment.

"The evidence is reliable and sufficient, the applicant shall meet the following conditions:

"(a) the conviction and sentencing facts have evidence;

"(two) according to the verdict evidence are verified by the statutory procedures;

"(three) comprehensive evidence of the case, the fact is beyond reasonable doubt."

Eighteen, increase five, fifty-fourth, fifty-fifth, as fifty-sixth, fifty-seventh, fifty-eighth:

"Fifty-fourth using torture to extract confessions and other illegal methods to collect the suspect, defendant's confession and using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded. The collection of physical evidence, documentary evidence does not meet the statutory procedures, may seriously affect judicial justice, shall be corrected or make reasonable explanations; no correction or to make a reasonable explanation, the evidence should be excluded.

"In the investigation, prosecution, trial found the evidence should be excluded, should be excluded in accordance with the law, shall not be used as prosecution, prosecution and judgment basis.

"Article fifty-fifth the people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall conduct investigation and verification. To do to illegal methods to collect evidence situation, should put forward rectification opinions; constitutes a crime, shall be investigated for criminal responsibility according to law.

The process of "fifty-sixth court, judges that may exist in the fifty-fourth article of this law to illegal methods to collect evidence, shall be the court investigation evidence collection of legitimacy.

"The party and the defender, agent ad litem shall have the right to request the people's court to illegal methods to collect evidence shall be excluded. For the exclusion of illegal methods to collect evidence, shall provide relevant clues or materials.

"Article fifty-seventh the court investigation in the legitimacy of evidence gathering process, the people's Procuratorate shall on the legitimacy of the evidence collection proved.

"The existing evidence can not prove the legitimacy of evidence collection, the people's Procuratorate may petition the people's court to inform the relevant investigation or other personnel to appear in court to explain the situation; the people's court may notify the relevant investigation or other personnel to appear in court to explain the situation. The investigation personnel or other personnel also may request the court to explain the situation. After the people's court shall notify the relevant personnel shall appear in court.

"For the fifty-eighth article after the court, to confirm or cannot rule out the existence of the fifty-fourth article of this law to illegal methods to collect evidence, the evidence should be excluded."

Nineteen, the forty-seventh changed to fifty-ninth, is amended as: "the testimony of witnesses in court by the public prosecutor, the victim and the defendant, the defenders both evidence and found later, can be used as a basis. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law."

Twenty, increase two, as sixty-second, sixty-third:

"Article sixty-second for the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in a lawsuit, himself or his close relatives and personal safety risk, the people's court, the people's procuratorates and the public security organs shall take the following one or several protection measures:

"(a) individual information is not publicly real full name, address and work units;

"(two) to take not to expose the appearance, voice of such measures to testify in court;

"(three) persons are prohibited from contacting witnesses, specific identification, victims and their close relatives;

"(four) to take special protective measures for personal and residential;

"(five) other necessary protective measures.

"The witnesses and expert witnesses, victims believe that witness in lawsuit, himself or his close relatives and personal safety risk, may apply to the people's court, the people's Procuratorate, the public security organ shall protect the request.

"The people's courts, the people's Procuratorate, public security organ shall take protective measures, the relevant units and individuals shall cooperate with the.

"The sixty-third witnesses had testified to fulfill the obligation and expenditure of transportation, accommodation, meals and other expenses, shall grant. Witnesses in the judicial organ business funds subsidies shall be guaranteed by the government.

"Work unit of the witness, the unit shall not deduct explicitly or implicitly wages, bonuses and other benefits."

Twenty-one, the fifty-first changed to sixty-fifth, is amended as: "the people's courts, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, can 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) with severe disease, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;

"(four) detention period expires, the case has not yet completed, need to take bail.

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

Twenty-two, the fifty-fifth changed to sixty-eighth, is amended as: "the guarantor shall perform the following obligations:

"(a) supervision is the guarantee to comply with the provisions of article sixty-ninth of this law;

"(two) found that the guarantor may occur or has occurred in violation of this law the provisions of article sixty-ninth of the act, shall promptly report to the executing organ.

"The guarantee, in violation of this law the sixty-ninth regulation behavior, guaranteed party fails to perform the obligations of the guarantor guarantees, impose a fine, which constitutes a crime, shall be investigated for criminal responsibility according to law."

Twenty-three, 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 to inward executive report;

"(three) in the time to;

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

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

"The people's courts, 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) shall not be allowed to enter the specific place;

"(two) with no specific staff meeting or communication;

"(three) may not engage in certain activities;

"(four) the passports and other travel documents, driver's license to executing organ preservation.

"By the criminal suspect, the defendant on bail in violation of the provisions of the preceding two paragraphs, 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 residential surveillance, he shall be arrested.

"The breach of bail provisions, need to be arrested, the suspect, defendant custody.

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

"Provide the 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 pending trial or the relevant legal documents to the bank for the refund of deposit."

Twenty-four, increase three, seventy-second, seventy-third, as of seventy-fourth:

"Article seventy-second the people's court, the people's procuratorates and the public security organs to meet the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, to residential surveillance:

"(a) with a serious disease, the life cannot provide for oneself;

"(two) pregnant or breast-feeding her baby;

"(three) the only supporter, life can not take care of the people;

"(four) because of the need for the special circumstances of the case or the handling of cases, take measures are more suitable for residential surveillance;

"(five) detention period expires, the case has not yet completed, need to residential surveillance measures.

"To meet the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, to residential surveillance.

"Residential surveillance shall be executed by a public security organ.

"Seventy-third residential surveillance shall be carried out in the criminal suspect, the defendant's; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation 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 in the place of custody, special case handling place execution.

"The specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people.

"Criminal suspects, defendants to entrust defenders, this Law shall apply to the thirty-third.

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

"Article seventy-fourth designated residence residential surveillance shall to be shortened. Be sentenced to control, surveillance, the term is to be shortened by a day; sentenced to criminal detention, fixed-term, residential surveillance for two days to be shortened by one day."

Twenty-five, 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 the implementation of residential surveillance shall not be allowed to leave the premises;

"(two) without the approval of the organ executing the communication or others may not be met;

"(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 passport and other travel documents, identity 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; need to be arrested, the suspect, defendant custody."

Twenty-six, 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."

Twenty-seven, the sixtieth changed to seventy-ninth, is amended as: "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) to the victims, informants, may take revenge against people of implementation;

"(five) Dutch act or attempt to 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.

"Have been released on bail pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance shall, if the circumstances are serious, can be arrested."

Twenty-eight, the sixty-fourth to the eighty-third, the second paragraph is revised as follows: "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."

Twenty-nine, the sixty-fifth changed to eighty-fourth, is amended as: "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."

Thirty, one article is added as article eighty-sixth, "review: People's Procuratorate approved the 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."

Thirty-one, the seventy-first to the ninety-first, the second paragraph is revised as follows: "after the arrest, it shall immediately be arrested for custody. In addition to not notice shall, within twenty-four hours after the arrest, notify the family of the arrested person."

Thirty-two, one article is added as 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."

Thirty-three, the fifty-second changed to ninety-fifth, is amended as: "the suspect, the defendant or his legal representative, close relative or lawyer shall have 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, and explain the reasons for disapproval."

Thirty-four, the seventy-fourth changed to ninety-sixth, is amended as: "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 the need to verify,; trial, to the crime the suspect, the defendant can bail or residential surveillance."

Thirty-five, the seventy-fifth changed to ninety-seventh, is amended as: "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, surveillance or coercive 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."

Thirty-six, the seventy-seventh changed to two, as ninety-ninth, 100th, amended as:

"The ninety-ninth 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."

Thirty-seven, one article is added as Article 101st,: "people's court the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling."

Thirty-eight, the seventy-ninth changed to 103rd, one paragraph is added as the fourth paragraph: ", 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."

Thirty-nine, one article is added as Article 115th,: "the parties 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 cancel the seizure, seizure, freezing not released;

"(five), embezzlement, corruption, or replacement, in violation of the provisions of using the seizure, seizure, freezing the 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."

Forty, the ninety-first changed to 116th, one paragraph is added as the second paragraph: "in the future, the suspects were sent to detention center custody for questioning, investigators, should be in detention center."

Forty-one, the ninety-second changed to 117th, is amended as: "to need not 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. 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."

Forty-two, the ninety-third changed to 118th, one paragraph is added as the second paragraph: "when, the investigators suspect, should the law to inform the suspect confess to leniency."

Forty-three, one article is added as article 121st, "the investigators: When interrogating a criminal 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, should be the audio or video recording of interrogation process.

"Audio or video recordings shall be full, maintain integrity."

Forty-four, cancel ninety-sixth.

Forty-five, ninety-seventh to 122nd, the first paragraph is revised as follows: "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."

Forty-six, article ninety-eighth paragraph second delete.

Forty-seven, 105th to 130th, the first paragraph is revised as follows: "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."

Forty-eight, 108th to 133rd, the first paragraph is revised as follows: "in order to find out the truth, when necessary, be responsible for the public security organ for approval, investigative experiments may be conducted."

One paragraph is added as the second paragraph: "the investigation, experiments should be written transcripts, sealed by the participants signed or."

Forty-nine, the 110th changed to 135th, revised as: "any unit and individual, obligation in accordance with the people's procuratorates and the public security organs requirements, material evidence, documentary evidence, surrender may prove audio-visual material evidence, the suspect's guilt or innocence."

Fifty, the second part second chapter sixth section, the 158th in the "seizure" is amended as "attachment, seizure".

Fifty-one, the 114th changed to 139th, is amended as: "found in the investigation activities may be used to prove a property, the suspect's guilt or innocence shall file, seizure, seizure; irrelevant to a case of property, documents, shall not be seized, seizure.

"The seizure, seizure of property, documents, shall be properly kept or sealed up, shall not use, exchanged or damaged."

Fifty-two, the 115th changed to 140th, is amended as: "to the attachment, seizure of property, documents, should be with the eyewitnesses and attachment, 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 copy to the holder, the other copy shall be kept on file for reference."

Fifty-three, the 117th changed to 142nd, is amended as: "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 property that has been frozen, it may not be frozen again."

Fifty-four, the 118th changed to 143rd, is amended as: "to the attachment, seizure of property, documents, mail, telegram or frozen deposits, remittances, bond, stock, fund and other property, find out the irrelevant to the case, shall be cancelled within three days, seizure, freezing up, be refunded."

Fifty-five, the 120th changed to 145th, is amended as: "after verification, should write the appraisal opinions, and signature.

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

Fifty-six, 121st, 157th in the "conclusion" is amended as "expert opinion".

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

"Eighth measures of technical investigation

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

"149th approval decisions 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.

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

"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.

"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.

"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 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 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."

Fifty-eight, the 128th changed to 158th, is amended as: "in the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 154th recalculation investigation detain deadline since the day of discovery.

"The suspect does not tell his true name, address, the identity is unidentified, shall be investigated for their identity, investigation detain deadline checking computation since the day of its identity, but do not stop the crime investigation. The criminal facts are clear, the evidence is, well, really can not be identified, also by the name of prosecution, trial."

Fifty-nine, one article is added as article 159th,: "in the case of investigation, lawyers request, the investigation organ shall listen to the opinions of counsel, and record. Defense lawyers put forward written opinions, shall be attached."

Sixty, the 129th changed to 160th, is amended as: "the public security organs shall be the end of the investigation, the criminal facts are clear, evidence really, fully, and write the prosecution of submissions, together with the case file, the evidence shall be transferred to the people's Procuratorate for examination and decision; at the same time to transfer the case to inform the criminal suspects and their counsel."

Sixty-one, the 133rd changed to 164th, is amended as: "the people's procuratorates custody in a case directly accepted by the people, 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-two, the 134th changed to 165th, is amended as: "the people's procuratorates custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within fourteen days. Under special circumstances, a decision to arrest time can be extended by one to three days. The arrest is not necessary, he shall be released immediately; for further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance."

Sixty-three, the 139th changed to 170th, 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 record. The defender, the victim and his litigation representative put forward written opinions, shall be attached."

Sixty-four, 140th to 171st, the first paragraph is revised as follows: "the people's Procuratorate for examination and case, may request the public security organ to provide the evidence necessary for trial in court; it may be the fifty-fourth article of this law to collect evidence by illegal methods, may require them to make explanations of the legitimacy of evidence collection."

The fourth paragraph is revised as follows: "for the two time the supplementary investigation cases, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions of prosecution, shall make a decision not to initiate a prosecution."

Sixty-five, the 141st changed to 172nd, is amended as: "the people's Procuratorate considers that the facts of the crime suspects have been ascertained, the evidence is reliable and sufficient, shall be investigated for criminal responsibility according to law, shall make a decision to prosecute, in accordance with the provisions for trial jurisdiction, initiate a public prosecution to the people's court, and the case file and evidence, to the people's court."

Sixty-six, 142nd to 173rd, the first paragraph is revised as follows: "the suspects without criminal facts, circumstances or the fifteenth article of this law, the people's Procuratorate shall make a decision not to initiate a prosecution."

The third paragraph is revised as follows: "the people's Procuratorate decides not to prosecute cases, should the investigation of attachment, seizure, freezing the property, seizure, freezing lifting attachment. Not to be prosecuted person needs to be given administrative punishment, administrative punishment or need to confiscate the illegal income, the people's Procuratorate shall make suggestions, to the relevant competent authority for disposal. The competent authority shall timely notify the people's Procuratorate results."

Sixty-seven, the 150th changed to 181st, is amended as: "the people's court for prosecution review, with clear criminal facts in the indictment, trial shall be decided."

Sixty-eight, the 151st changed to 182nd, is amended as: "the people's court has decided to open a court session, it shall determine the members of the collegial panel, the people's Procuratorate indictment copy in ten days before the opening on the defendant and his counsel.

"In the court before the trial personnel, can be called the public prosecutor, the parties and the defender, agent ad litem, the challenge, the witness list, exclusion of illegal evidence and trial related problems, understand the situation, listen to the views of.

"The people's court to determine the date of the hearing, the hearing time, place shall notify the people's Procuratorate, summon the parties concerned, inform the defender, agent ad litem, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of. The open trial, the defendant shall announce, name, time and location of the court session three days before opening of the court session.

"These activities shall be entered in the records, by the judges and the court clerk signature."

Sixty-nine, the 152nd changed to 183rd, is amended as: "the people's Court of first instance shall be heard in public. But involving state secrets or personal privacy case, not a public hearing; cases involving commercial secrets, the parties do not apply for an open trial, can not be heard in public.

"Not a public hearing of the case shall be announced in court, shall not be heard in public reason."

Seventy, the 153rd changed to 184th, is amended as: "the people's court in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution."

Seventy-one, increase two, as 187th, 188th:

"187th of the public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing, the people's court that the witness should testify in court, witnesses should appear in court.

"People's police crime witness its duty as a witness to testify in court, to the provisions of the preceding paragraph.

"The public prosecutor, the parties concerned or the defenders and agents ad litem, the expert opinion has the objection, the people's court that his testimony necessary, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion shall not be taken as a basis.

"188th notified by the court, the witness did not testify in court without justified reasons, the people's court may enforce the court, but the defendant's spouse, parents, children.

"Witness no justification for refusing to appear in court to testify or after, reprimand him, 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."

Seventy-two, the 159th changed to 192nd, one paragraph is added as the second paragraph: ", the public prosecutor, the parties and the defenders and agents ad litem, can have the expertise to apply to the court for notification of the court, put forward the views of expert opinion to identify person."

One paragraph is added as the fourth paragraph: ", the provisions of the second paragraph of the specialized knowledge appearing in court, the relevant provisions of applicable appraiser."

Seventy-three, the 160th changed to 193rd, is amended as: "the process of trial, conviction and sentencing, on the facts, evidence should be investigated, debate.

"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."

Seventy-four, the 163rd changed to 196th, the second paragraph is revised as follows: "the court judgment, shall within five days of the judgment to the parties and the people's Procuratorate; regular declaratory judgment, shall be declared immediately after the verdict will be served to the parties and the people's procuratorate. Judgment shall be delivered simultaneously to the defender, agent ad litem."

Seventy-five, the 164th changed to 197th, is amended as: "the judgment shall be signed by the judicial officers and the court clerk, and specify the time limit for appeal and the court of appeals."

Seventy-six, the 165th changed to 198th, third is amended as: "the application for withdrawal and not on trial."

Seventy-seven, one article is added as Article 200th,: "during the course of the trial, one of the following circumstances, the case can not continue for a long time trial, may suspend the trial:

"(a) the defendant who is suffering from a serious disease, unable to appear in court;

"(two) the defendant escape;

"(three) the private prosecutor who is suffering from a serious disease, unable to appear in court, did not entrust an agent ad litem in court;

"(four) due to irresistible.

"The disappearance reason to suspend the trial after the trial, should be restored. To suspend the trial period are not included in the trial period."

Seventy-eight, 168th to 202nd, the first paragraph is revised as follows: "the people's court shall, after accepting a case of public prosecution, in two months sentence, no later than three months. For the death penalty cases or incidental civil litigation cases, as well as the law the 156th regulation circumstances, the approval of the people's court at a higher level, can be extended for three months; because of special circumstances need to extend, be approved by the Supreme People's court."

Seventy-nine, the 172nd changed to 206th, is amended as: "the people's court in a case of private prosecution, mediation may be conducted; private prosecution before a judgment is pronounced, can arrange a settlement with the defendant or withdraw his prosecution. The provisions of this law the third mediation is not suitable in 204th cases.

"The people's court private prosecution deadline, the accused in custody, this Law shall apply to the first paragraph of article 202nd, paragraph second; not in custody, should be accepted within six months of sentencing."

Eighty, the 174th changed to 208th, is amended as: "under the jurisdiction of the grassroots people's court cases, in accordance with the following conditions, may apply summary procedure for trial:

"(a) the case facts are clear, the evidence sufficient;

"(two) the accused confess their crimes, the facts of the crime accused no objection;

"(three) the defendant has no objection to the application of summary procedure.

"The people's Procuratorate, the people's court apply summary procedure can be recommended."

Eighty-one, one article is added as article 209th,: "in any of the following circumstances, does not apply summary procedure:

"(a) if the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct;

"(two) have a significant social impact;

"(three) in a case of joint crime of the defendant not guilty or has any objection to the application of summary procedure;

"(four) other summary procedure is not appropriate for the trial."

Eighty-two, the 175th changed to 210th, is amended as: "the summary procedure applies to the trial of the case, may be sentenced to the punishment of three years, can be formed a collegiate bench trial, also may be tried by a single judge; more than three years in prison for may be sentenced, shall form the collegial panel trial.

"Summary procedure applies to the trial of cases of public prosecution, the people's Procuratorate shall send representatives to attend the court."

Eighty-three, one article is added as article 211st,: "summary procedure applies to the trial of cases, the judges shall ask the defendant to the facts of the crime accused opinion, inform the defendant under the law applicable to the summary procedure, to confirm whether the defendant agrees to apply summary procedure."

Eighty-four, the 176th changed to 212nd, is amended as: "the summary procedure applies to the trial of cases, with permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem."

Eighty-five, the 177th changed to 213rd, is amended as: "the summary procedure applies to the trial of cases, not subject to the first section of this chapter on the deadline, interrogate the defendant, questioning the witnesses, authenticators, show under the court debate procedure evidence, limitation. However, before the judgment is pronounced, listen to the final statement of the defendant shall be."

Eighty-six, the 178th changed to 214th, is amended as: "the summary procedure applies to the trial of the case, the people's court shall accept the case within twenty days after; in prison for more than three years on may be sentenced, can be extended to one and a half months."

Eighty-seven, 187th to 223rd, the first paragraph is revised as follows: "the people's Court of second instance to the following cases, shall form a collegial panel, trial:

"(a) the defendant, private prosecutor and his legal representatives on the first instance of facts, evidence objection, may affect the appeal the conviction and sentencing;

"(two) cases of appeal against the defendants were sentenced to death;

"(three) case protested by a people's procuratorate;

"(four) other shall open a court session.

"The people's Court of second instance decided not to hold a hearing, it shall interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions."

Eighty-eight, the 188th changed to 224th, is amended as: "the people's Procuratorate public prosecution case protested by a people's Court of second instance court or the people's Procuratorate at the same level, should be to send representatives to attend the court. The people's Court of second instance shall consult the files in the decision after hearing the timely notify the people's procuratorate. The people's Procuratorate shall consult the completed within one month. The people's Procuratorate to examine the case of time not included in the trial period."

Eighty-nine, the 189th changed to 225th, one paragraph is added as the second paragraph: ", the people's court ruling in accordance with the provisions of the third items of the case remanded, the defendant appealed or protested by the people's Procuratorate, the people's Court of second instance shall make a judgment or ruling according to law, shall not be returned to the people's court the re trial."

Ninety, 190th to 226th, the first paragraph is revised as follows: "the people's Court of second instance trial the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant. The people's Court of second instance remanded by the people's court to the trial of the case, in addition to the new facts of the crime, the people's Procuratorate for supplementary outside the lawsuit, the people's court shall not increase the criminal punishment on the defendant."

Ninety-one, the 196th changed to 232nd, is amended as: "the people's Court of second instance accepting a case of appeal or protest, should be concluded within two months. For the death penalty cases or incidental civil litigation cases, as well as the law the 156th regulation circumstances, the provincial, autonomous region, or municipality directly under the central government or approved by a higher people's court decision, can be extended to two months; due to special circumstances need to extend, be approved by the supreme people's court.

"The Supreme People's court appeal, appeal trial period, decided by the Supreme People's court."

Ninety-two, the 198th changed to 234Th, is amended as: "the public security organs, people's Procuratorate and the people's court for the seizure, seizure, freezing of the criminal suspect, defendant's property and the fruits thereof, shall be properly kept, for verification, and make the list, with the case. Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state.

"To use as evidence of the material shall be transferred together with the case, to be transferred, it shall be lists, photos and other documents of certification with the case.

"The judgment made by the people's court shall, properties and interests on attachment, seizure, freezing treatment.

"After the people's court verdict, the relevant authorities shall be carried out according to the properties and interests of attachment, seizure, freezing of the judgment. The stolen money seized, seizure, freezing and the fruits thereof, except to be returned to the victim, shall be turned over to the state treasury.

"The judicial personnel embezzles, misappropriates or attachment, seizure, freezing or processing property and the fruits thereof, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions."

Ninety-three, increase two, as 239th, 240th:

"The 239th Supreme People's court shall make a review of death penalty cases, approved or not approved the death penalty verdict. For not to approve of the death penalty, the Supreme People's court may remand the case for retrial or reheard.

"The 240th Supreme People's court review of death penalty cases, it shall interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer.

"In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate, the death penalty review results."

Ninety-four, the 204th changed to 242nd, is amended as: "the party or his legal representative, close relatives of the complaint meets one of the following cases, the people's court shall re trial:

"(a) there is new evidence to prove that the original decision, ruled that the fact that there are errors, may affect the conviction and sentencing;

"(two) according to the conviction and sentencing evidence does not really, not fully in accordance with the law, should be excluded, or proof by contradiction between the main facts of the case evidence exists;

"(three), the original judgment that there is some error in the application of the law;

"(four) violating the legal procedure, which may affect the fair trial;

"(five) the judges in the trial of the case, take bribes, play favouritism and commit irregularities, perverted the law behavior."

Ninety-five, one article is added as article 244th,: "superior people's court shall order the lower court to rehear the people's court at a lower level, it shall order the people's court hearing outside; by the people's court is more appropriate, can also command the people's law court."

Ninety-six, the 206th changed to 245th, is amended as: "the people's court in accordance with the procedure for trial supervision to the trial of the case by the people's court, the trial, shall form a new collegial panel of. If it was a case of first instance, shall be carried out in accordance with the procedure of first instance trial, judgment, ruling, can appeal, appeal; if it was a case of first instance shall be tried, the superior people's court case, should be in accordance with the procedure of second instance trial, judgment, ruling, is the final judgment, ruling.

"People's Court of retrial cases, the people's Procuratorate at the same level shall send representatives to attend the court."

Ninety-seven, one article is added as article 246th,: "the decision of a people's court retrial cases, need to take compulsory measures against the defendant, the people's court shall be decided by the people's Procuratorate protest; retrial cases, need to take compulsory measures against the defendant, decided by the people's procuratorate.

"The people's court in accordance with the procedure for trial supervision may decide to suspend the trial of the case, the original judgment, the execution of the ruling."

Ninety-eight, 213rd to 253rd, the first paragraph is revised as follows: "criminal is handed over for execution of the sentence, the people's court shall be executed in the verdict within ten days after the relevant legal documents to the public security organs, prisons or other executing organ."

The second paragraph is revised as follows: "to be sentenced to death with two years reprieve, life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. To be sentenced to criminal punishment, was executed, the remaining term of his sentence in the following three months, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ."

Ninety-nine, the 214th changed to 254th, is amended as: "to be sentenced to criminal detention or, in any of the following circumstances, can the temporary execution outside prison:

"(a) have a serious need for medical treatment;

"(two) pregnant or breast-feeding her baby;

"(three) the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community.

"Sentenced to life imprisonment, with the provisions of the second case, can the temporary execution outside prison.

"To apply for medical treatment may be a danger to the society of criminals, or self injury self mutilation of criminals, not for medical treatment.

"Serious diseases on the criminal is truly, must be released for medical treatment, the hospital diagnosis and issue the documents designated by the people's government at the provincial level.

"In the delivery of the temporary execution outside prison before the execution, the people's court executed; in the delivery of execution, the temporary execution outside prison written opinions put forward by prison or detention, approved by the provincial prison administration departments or districts of the city level public security organs."

One hundred, one article is added as article 255th,: "prison guards, the proposed temporary execution outside prison of the written opinions, shall send a copy of the written opinion of the people's procuratorate. The people's Procuratorate decided or approved by the authorities to put forward written opinions."

One hundred and one, the 215th changed to 256th, is amended as: "the decision or approved the temporary execution outside prison shall be temporary execution outside prison decided to sent to the people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month to submit the decision or approved the temporary execution outside prison authorities, decision or approved written opinions to the temporary execution outside prison authorities received the people's Procuratorate, shall be immediately re verification of the decision."

One hundred and two, the 216th changed to 257th, is amended as: "the temporary execution outside Prison Criminals, one of the following circumstances, should be promptly sent to prison:

"(a) is found not to conform to the temporary execution outside prison conditions;

"(two) a serious breach of the temporary execution outside prison supervision and management regulations;

"(three) the temporary execution outside prison after the disappearance of the circumstances, the sentence is not full.

"The decision of a people's court temporary execution outside prison criminals should be put in prison, decided by a people's court, the relevant legal documents to a public security organ, a prison or other executing organ.

"Do not accord with the temporary execution outside prison conditions of the criminals through bribery and other illegal means by the temporary execution outside prison, during the execution of sentence outside prison shall not be included in the term of execution. The criminals in the temporary execution outside prison during the escape, escape is not included in the term during execution.

"Prisoners died in the temporary execution outside prison period, the executing organ shall timely notify the prison or detention."

One hundred and three, the 217th changed to 258th, is amended as: "to be sentenced to control, probation, parole or temporary execution outside Prison Criminals, shall be subject to community correction, community correction agencies responsible for the implementation of."

One hundred and four, the 218th changed to 259th, is amended as: "to be sentenced to deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the organ executing the written notice I units and organizations at the grassroots level, place of residence."

One hundred and five, the 221st to the 262nd, the second paragraph is revised as follows: "sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court for examination and decision, the people's Procuratorate carbon copy. The people's procuratorates can put forward written opinions to the people's court."

One hundred and six, a fifth increase, as: "the special procedure".

One hundred and seven, add a chapter, as the fifth series of the first chapter:

The first chapter of "minor procedure of criminal case

"266th of the crime's minor to implement education, probation, save policy, giving priority to education, supplemented by the principle of punishment.

"The people's court, the people's procuratorates and the public security organs for minor criminal cases, should guarantee minors to exercise their litigation rights, protection of minors legal help, and undertaken by the judges, with minor physical and psychological characteristics of the prosecutors, investigators.

"267th of the juvenile criminal suspects, the accused does not entrust a defender, the people's court, the people's Procuratorate, the public security organ shall inform the legal aid institutions appointed a lawyer for the defence.

"Article 268th the public security organs, people's Procuratorate, the people's court for minor criminal cases, according to the situation of the juvenile criminal suspects, defendants growth experience, the causes of crime, care and education investigation.

"Article 269th of the juvenile criminal suspects, defendants should strictly limit the application of arrest. The people's Procuratorate for examination and approval of arrest and the decision of the people's court shall interrogate arrests, juvenile criminal suspects, defendants, listen to the views of lawyers.

"The detention, arrest and execution of the criminal punishment of minors and adults should be held, respectively, respectively, education management.

"Article 270th for minor criminal cases, at the time of interrogation and trial, it shall notify the juvenile criminal suspects, the legal representative of the defendant at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives may also notify the juvenile criminal suspects, defendants, on behalf of the local schools, units, place of residence or juvenile protection organizations of the scene, and the relevant record. Present legal representative may exercise the juvenile criminal suspects, the defendant's litigation rights.

"The present legal representative or other personnel that investigators violations of the legitimate rights of minors in the interrogation, trial, can give advice. The interrogation record, the court record shall be delivered to the present legal representative or other personnel to read or read to him.

"Interrogation of female juvenile criminal suspects, there should be a female staff is present.

"The trial of juvenile criminal cases, minor last statement by defendant, his legal representative may be supplementary statement.

"Asked the underage victim, witness shall apply, first, second, third.

"Article 271st for minors suspected of criminal law the fourth chapter, the fifth chapter, the sixth chapter provisions of the crime, may be sentenced to the penalty for a year, in line with the conditions for prosecution, but there is repentance, the people's Procuratorate may decide not to prosecute the conditional decision. The people's Procuratorate before making a decision of conditional non prosecution, the victim shall listen to the views of the public security organ.

"Not to prosecute the conditional decision, the public security organ for reconsideration, the victim for review or appeal, this Law shall apply to Article 175th, article 176th.

"The minor suspects and their legal representatives shall decide on the people's Procuratorate of the non prosecution of additional conditions have objection, the people's Procuratorate shall make a decision of prosecution.

"272nd not to prosecute in conditional test period, the conditional non prosecution of the minor suspects of supervision by the people's procuratorate. The guardian of the juvenile suspects, should strengthen the discipline to the juvenile criminal suspects, with the people's Procuratorate to the supervision and inspection work.

"The non prosecution of additional conditions test for a period of six months or more for less than a year, the calculation of conditional non prosecution decision from the people's Procuratorate date.

"Is the conditional non prosecution of the minor criminal suspects, shall comply with the following provisions:

"(a) to abide by the laws and regulations, submit to supervision;

"(two) reporting his activities in accordance with the provisions of the observing organ;

"(three) leave live in city, county, or relocating, organ for approval before;

"(four) received correction and education in accordance with the requirements of the observing organ.

"273rd is the conditional non prosecution of the minor criminal suspects, one of the following circumstances in the test period, the people's Procuratorate shall revoke the decision of conditional non prosecution, prosecution:

"(a) the implementation of the new crime or that the non prosecution of additional conditions before other crimes prosecution;

"(two) in violation of public security management regulations or provisions on the supervision and administration of the inspection authorities relating to the non prosecution of additional conditions, if the circumstances are serious.

"Is the conditional non prosecution of the minor criminal suspects, no such situation in the test period, the test period, the people's Procuratorate shall make a decision not to initiate a prosecution.

"The defendant when the 274th trial under the age of eighteen cases, not a public hearing. However, with the consent of the juvenile defendant or his legal representative, the juvenile defendant's school and the minors protecting organizations can be represented at.

"275th crimes under the age of eighteen, was sentenced to the punishment of five years, shall seal up the relevant criminal record.

"Criminal records are sealed, not to any units and individuals, but the judicial organ for handling the need or the relevant units according to the provisions of the state for query except. Query units according to law, shall be sealed criminal record be kept confidential.

"276th for minor criminal cases, unless otherwise stipulated in this chapter have, in accordance with the other provisions of this law."

One hundred and eight, add a chapter, as the fifth parts with second chapters:

"The second chapter mediation in cases of public prosecution procedure

"277th of the following cases of public prosecution, sincere repentance of criminal suspects and defendants, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle:

"(a) caused by civil disputes, suspected of criminal law the fourth chapter, the fifth chapter stipulated crime, may be sentenced to three years in prison following the penalty;

"(two) in addition to outside of the malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases.

"The suspect, the defendant within five years had intentionally the crime, not the provisions of this chapter shall apply program.

"278th reconciliation, the public security organs, people's Procuratorate, the people's court shall listen to the opinions of the parties and other relevant personnel to review comments, voluntary reconciliation, legitimacy, and presided over the production settlement agreement.

"279th cases to reach a settlement agreement, the public security organ may make suggestions to the people's Procuratorate leniency. The people's Procuratorate may recommend lenient penalties to the people's court; for minor crimes, without penalty, may decide not to initiate a prosecution. The people's court may, according to law, the defendant lenient punishment."

One hundred and nine, add a chapter, as the fifth parts with third chapters:

"The third chapter of criminal suspects and defendants, escape, death cases of illegal gains confiscated program

"280th for the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or if a criminal suspect, defendant or death, the illegal gains and he the property shall be in accordance with the criminal law, the people's procuratorates can put forward to confiscate the illegal income to apply to the people's the court.

"The public security organ considers that the circumstances as prescribed in the preceding paragraph, shall write the confiscation of illegal income opinions, to the people's procuratorate.

"The confiscation of illegal income shall provide the relevant evidence materials application and the facts of the crime, the illegal income, and specify property types, number, location and attachment, seizure, freezing condition.

"The people's court when necessary, seizure, seizure, freezing can apply for the confiscation of property.

"281st for the confiscation of illegal income, by the criminal suspect, the defendant or the place of residence of the intermediate people's court formed a collegiate bench trial.

"The people's court shall confiscate the illegal income after the application, shall be issued a notice. The announcement during a period of six months. People near relatives or any other interested the suspect, the defendant has the right to apply to participate in the litigation, or may entrust an agent to participate in the proceedings proceedings.

"The people's court at the expiry of the notice to the confiscation of illegal income for trial. The interested parties to participate in the proceedings, the people's court shall open the court session.

"The 282nd people's court, to verify illegal income and other involved property, except to be returned to the victim, shall make a ruling shall be confiscated; does not belong to the property shall be recovered, the court shall apply, lifting attachment, seizure, freezing measures.

"For the people's court in accordance with the provisions of the preceding paragraph decision, near relatives or any other interested the suspect, the defendant or the people's procuratorate can appeal, appeal.

"283rd in the trial process, criminal suspects, defendants, surrendered or captured, the people's court shall terminate the trial.

"Confiscation of criminal suspects, defendants property is wrong, he shall return, compensation."

One hundred and ten, add a chapter, as the fifth parts with fourth chapters:

The fourth chapter "mental patients will not be liable for the crime of forced medical procedures

"284th acts of violence, endangers public security or serious harm to personal safety, the mental patient through legal procedures shall not bear criminal responsibility identification, continue to harm society possible, can be compulsory medical.

"285th compulsory treatment of mental patients according to the provisions of this chapter shall be decided by the people's court.

"Public security organs found mental patients comply with the compulsory medical conditions, should write compulsory medical opinion, to the people's procuratorate. For mental patients in the process of review and prosecution was transferred by the public security organ or in accordance with compulsory medical conditions, the people's Procuratorate shall forward the application to the people's court for compulsory medical. The people's court in the case was found during the defendant comply with the compulsory medical conditions, can make the compulsory medical decisions.

"The mental patient to violence, in the decision of a people's court compulsory medical treatment, the public security organ may take protective measures to restrain the temporary.

"286th of the people 's Court accepted compulsory medical application, shall form a collegial panel to conduct the trial.

"The people's court compulsory medical case, it shall notify the applicant or the legal representative of the defendant at. The applicant or the accused does not entrust agents ad litem, the people's court shall inform the legal aid institutions to appoint a lawyer for legal assistance.

"The 287th people's court, for the respondent or defendant comply with the compulsory medical conditions, should be made compulsory medical treatment within one month of the decision.

"Be decided compulsory medical person, the victim or his legal representative, close relative refuses to accept the compulsory medical decision, may apply to a people's court at the next higher level for reconsideration.

"288th compulsory medical institution shall regularly to be compulsory medical person for diagnostic assessment. To have nothing to do with the personal danger, no need to compulsory medical treatment, shall timely termination of opinion, reportedly decided to the approval of the people's court for compulsory treatment.

"Forced medical people and their near relatives shall have the right to apply for cancellation of the compulsory medical.

"Article 289th the people's Procuratorate decision and execution of compulsory medical supervision."

One hundred and eleven, ninety-ninth, 126th, 127th, 132nd, 146th, 166th, 171st, 192nd, 193rd cited in the clause number be adjusted according to this decision.

The criminal procedure law and the provisions of the relevant sections of the serial number be adjusted according to this decision.

This decision shall be implemented as of January 1, 2013.

"Criminal Procedure Law of the people's Republic of China" shall be amended according to this decision, and be re promulgated.