Liu Guiming ":

   Until today, if someone asked, in our country's Criminal Procedure Law revised? Obviously, someone will tell you it is a redundant problem.

   However, since the long practice today Wang Zhaoguo vice chairman and deputy director of the NPC Law Committee Lang Sheng reporters, the Internet has emerged more and more grief sound. Even with a view, and thus a 1.5 product, rather than wait for a period of time after the condition is mature issued may better.

   Even so, we still need to see, this is known as the "constitutional law" really has changed. RatioSuch asThe draft amendment to a review has 99, the criminal procedure law from the original 225 to 285, 60 provisions increased mainly relates to perfect evidence system, compulsory measures, the defense system, investigation, trial procedures, implementation of the provisions, the special procedure in 7 aspects.

    Then, the law in what aspects of a specific revision? Let us have a look compared to form a lawyer's summary and the two media induction.

Ju Wenying lawyer commented:2012"Criminal Procedure Law" overhaul30Bright spot

1, the privilege against self incriminationBefore repair, only stipulates that "prohibited torture to extract confessions and other illegal methods to collect evidence". In order to further curb torture to extract confessions and other illegal evidence collection behavior from the system, safeguard judicial justice and criminal proceedings in the legitimate rights of the overhaul, the exclusion of illegal evidence make clear provisions. In the original regulations "strictly based on torture to extract confessions", adding "no person shall be forced to prove their crimes".

2, illegal evidence exclusion systemAfter overhaul, clearly stipulating the specific criteria for exclusion of illegal evidence:1, theInquisition by tortureAnd other illegal methods to collect the suspect, defendant's confession and theViolence, threats and other illegal methodsTo collect the testimony of witnesses, victims' statements, should be excluded.2,Violation of the provisions of the law collection of physical evidence, documentary evidence, may seriously affect judicial justice,It should be corrected or explain; no correction or to make a reasonable explanation, the evidence should be excluded.3, the people's court, the people's procuratorates and the public security organs have the obligation of exclusion of illegal evidence, investigation procedure of exclusion of illegal evidence and the court hearing process.

3Custody, timely send detentionTo prevent the system from the acts of torture to extract confessions, added provisionsDetention, arrest promptly sent to the house of detention, interrogation and interrogation recording system in the detention center.

6The witnesses to appear in court, clear scopeWitnesses to testify in court, to verify the evidence, to find out the case, it is significant to correctly judge. The draft amendment stipulates: the public prosecutor, the defender, agent ad litem orHas any objection to the witness's testimony, and the testimony of a witnessHave a significant impact on Sentencing, the people's courtConsiders necessary, witnesses should appear in court. And the provisions of the witnessNo legitimate reason not to testify in court, the people's court may enforce the court, for if the circumstances are serious, be sentenced to detention for less than ten days; at the same time, taking into account the spouse, parents, children are forced to testify against a defendant in court,Not conducive to family relationshipThe provisions, the defendantExcept for spouses, parents, children.

7The protection of litigation, participate in the systemIn order to further strengthen the protection of witnesses and appraisers, the victim, the provisions:1, forEndangering StateSecurity crime,The terroristCriminal activities,UnderworldThe nature of organized crime,DrugsCrimeIn such cases,The witnesses and expert witnesses, victimsThe witness in the proceedings, he himself or his close relatives of personal safety risk, the people's court, the people's procuratorates and the public security organsShall take necessary protective measures.2, the witnesses and expert witnesses, victims thinkDue to testify in face of danger, can request to protect.

8Clearly not to expand the capture rangeIn view of the judicial practice in the conditions of arrest understanding inconsistency problem, is conducive to the judicial organ accurately grasp the conditions of arrest, the draft amendment to the criminal procedure law about the arrest of the conditions"The occurrence of danger to society, thus necessitating arrest"The provisions of the refinement:1,Probably the implementation of the new crime;2, endanger national security, public security or social orderThe real danger;3, may hinder the investigation (such as: may destroy or forge evidence, witnesses or interference collusion; May to the victim, informants, the complainant implementationTake revengeAttemptDutch act or flight);4May be sentenced to ten years in prisonThe. But, may be sentenced to a punishment in prison, prison for more than ten years"Once the intentional crimeOrThose unidentified suspects, the defendant ", should be arrested.

9Listen to the counsel, increaseTo ensure that the people's Procuratorate approved the arrest of the right to exercise correctly, prevent false arrest, added provisions of review people's Procuratorate approved the arrest of suspects and examinationListen to the counsel opinion program, as well as in theProcedures for custody necessary to review arrested.

10Perfect location, residential surveillanceResidential surveillance with bail similar, is mandatory measures to limit the criminal suspects and defendants, personal freedom, but the restriction of freedom degree. The same rules applicable conditions of the two kinds of compulsory measures the current criminal procedure law. Considering the characteristics of residential surveillance and actual implementation,The surveillance of residence located in the alternative to detention, and the provisions of applicable conditions and bail different comparison.

Accordingly, the new regulations apply to residential surveillance,Consistent with the conditions of arrest,But:1Affected with a serious diseaseThe life cannot provide for oneselfThe;2,Pregnant or breast-feeding their babies;3Department of life, notThe only dependency to take care of the peopleThe;4Because of the need for the special circumstances of the case, or for handling the cases, take measures are more suitable for residential surveillance;5The period of custody, andUpon expiration of the,The case has not yet completedSo, the need to take measures under residential surveillance.

At the same time, the provisions for the alleged harmNational security crime, crime of terrorist activities, particularly great bribery crimeCriminal suspects, residential surveillance inAccommodationExecution may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ may, inThe designated residenceThe execution, but shall not be performed in the place of custody and special case handling place. To prevent this measures are abused in practice, the provisions of the people's Procuratorate shall exercise supervision over the specified decision and implementation of residential surveillance of residence.

11, notify the family of the exception to reduceCriminal law: detention, arrest, exceptImpede the investigationOrUnable to noticeOther situations, should put the reasons for detention and arrest, the premises, within twenty-four hours, notify the detainee, the family of the arrested person. Among them,"Impede the investigation"Situation limits of comparison of Fuzzy. In addition, theThe specified homeResidential surveillance after notification of family is not specified. Considering the punishment of crime and protection of criminal suspects and defendants, the right needs, it is necessary toTo take compulsory measures do not notice the exceptions familiesMakeStrictly limited.

Accordingly, the draft amendment to delete the arrest would hinder the investigation does not notify the family members of exceptions, clearly defined,Detention period"Would hinder the investigation does not notify the family of the case", only suspectedThe crime of endangering national security,Crime of terrorist activities,And regulations would hinder the investigation situation disappear, it shall immediately notify the detainee's family.TakeThe arrest and designated residence residential surveillanceMeasures, in addition to not notice, will beIn the arrest or the implementation of residential surveillance afterWithin twenty-four hours of notification of family.

12The investigation stage, can be entrustedThe draft amendment of the criminal procedure law on the criminal suspects in the investigation stage can only hire a lawyer to provide legal help to:May entrust a lawyer criminal suspects in the investigation period.

13, met with dovetail with the Lawyers LawThe defense lawyer's meeting with the criminal suspect in custody, the defendant, criminal law: in the investigation stage, for cases involving state secrets, the lawyer meets with the criminal suspect in custody, subject to the approval of the investigation organ. Provisions of the amended law, law on LawyersPractising certificate,That law firmAndPower of attorneyOr legal aid official letter, have the right to meet the criminal suspect.

With the repeated research thinks, the relevant provisions of law shall be absorbed in the criminal law, but forVery few casesConsidering the actual situation, from the maintenance of national security, public safetyThe meeting with the criminal suspect, lawyers in the investigation stage, in advance by the investigation authority is necessary. Accordingly, the draft amendments to the provisions,The crime of endangering national security,Crime of terrorist activities,Crime of particularly great briberyThe case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ.

14Combining with the lawyers law, markingA lawyer, a draft amendment to regulation, defense lawyers in the prosecution and trial stages, can consult, extract, copy the file material.

15, aid to the investigation stageIn order to further protect the suspect, the defendant's right to defense and other rights, the draft amendment to extend the scope of legal aid in criminal proceedings, the trial stage and provide legal assistance to theThe investigation, prosecution, trial stage provides legal aid, and expanded the scope of legal aid object.

16Clearly, the measures of technical investigationProvisions of the state, people's police law, security law, the investigation organ for the need for crime investigation, according to the relevant provisions of the state, through strict approval procedures, can takeTechnical investigation measures. The currentThe criminal procedure law did not make provisions for technical investigation measures. The draft amendment increased provisions strictly regulate the technical investigation measures.

17Criminal procedure, not v.For the protection of lawful rights of participants, the draft amendment to increase provisions, the parties and the defender, agent ad litem, stakeholders, the judicial organs and their staff to take coercive measures legalUpon the expiration of the period will not be released, dissolution or changeShouldRefund deposit not refunded bailYesHave nothing to do with the case of property seizure, seizure, freezing measures, shall cancel the seizure, seizure, freezing does not releaseCorruption, embezzlement, dividing, exchange,Using the seizure, seizure, freezing in violation of the provisions of property etc.The right to conductAppeal, accuse, and the provisions of theThe corresponding procedures.

18Second, expand the scope of open trialTo ensure the case just before the trial, the draft amendment further defined the second instance shall open a court session scope, increase the provisions:In fact, evidence of the appellant to first instance found objection, may affect the conviction and sentencingThe defendant was sentenced to death, the cases on appeal, the second instance in civil lawAcademy of the trial.

19, avoiding repeated rehearingIn order to avoid repeated retrial cases, long, increase provisions: due to the facts are not clear or the evidence is insufficient, the people's Court of second instance remanded by the people's court to the trial of the case, the people's court again to make the verdict, 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.

20Clearly, the remand without punishmentIn order to implement the "appeal not infliction" principle, to avoid in the appeal cases in the people's Court of second instance retrial, if the people's court in the trial of aggravating circumstances, increase the provisions:The people's Court of second instanceThe case remanded, in addition to the new crime of fact, outside the people's Procuratorate for supplementary prosecution,The people's court alsoShall not increase the criminal punishment on the defendant. In addition, the draft amendments also perfect property and its interests in attachment, seizure, freezing process etc..

21, perfecting criminal collateral civil suit systemSupplementary civil action procedure to effectively resolve social conflicts and disputes, the victim get compensation in time, which plays an important role in. On the basis of summing up the judicial practices, the draft amendment made to add amendments to the supplementary civil action procedure.

First, increase provisions: the victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action. Two, increase provisions: the plaintiff in incidental civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. Three, increase the people's court shall: incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.

22The protection of right of defense, the death penalty reviewAt the same time, increase provisions: the Supreme People's court review of death penalty cases, may interrogate the defendant,Defense lawyers claim, shall listen to the opinions of counsel.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.

23Procedure for trial supervision, supplement and perfectionThrough the procedure for trial supervision on the wrong judgment, order to correct, to ensure that the quality of case, safeguard judicial justice. The draft amendment to appeal the decision in the case trial conditions,If the people's court the people's court outside instruction trial, the people's Procuratorate sends procurators to the court decision procedure, retrial case coercive measures,The original judgment, ruling to suspend execution etc.As the supplement.

24, wrong execution outside prison and make upThe temporary execution outside prison, is in accordance with statutory conditions of criminal execution in prison penalty system. Draft amendments to further regulate the temporary execution outside prison, and timely to decide approval procedures, in order to prevent the criminals used this system to escape the penalty, and increased regulation: do not accord with the temporary execution outside prison conditions through bribery criminalIllegal means to be the temporary execution outside prison, the prison shall not be included in the period of probationThe criminals in the temporaryThe probation period during the escape, no escapeInto prison.

25To reduce, supervision, false, outsideThe draft amendment to increase provisions: prison, the proposed commutation, parole or temporarily written opinion outside of prison, shall at the same timeSent to the people's Procuratorate.The people's procuratorates can put forward written opinions to the people's court or approved by the authorities. (the draft amendment to Article ninety-ninth, article 104th)

26Special procedures--: non prosecution of additional conditionsProvisions for minors suspectedViolationPersonal rights and democratic rights,Violations of property,The hindrance social management orderCrime, may be sentenced toA year in prisonThe following punishment, in line with the conditions for prosecution, butRepentanceThe people's Procuratorate, can make the decision of conditional non prosecution.At the same time, in order to make minor return to society better, set upCriminal record storage system.

27The two part, the special procedure: reconciliation in cases of public prosecutionCriminal procedure law of theThe case of private reconciliationProvisions were made. As the dispute in favor of resolving conflicts, the scope of application appropriate to expand the reconciliation program, willPart of public prosecution cases into reconciliation procedure. At the same time, in view of the seriousness of public prosecution in the state prosecution and punishment, to prevent the emergence of new injustice, on the establishment of such a new litigation system should be carefully grasp the scope of reconciliation procedures, can not be too big.

The draft amendment provisions, scope of reconciliation procedures applicable in cases of public prosecution forCivil disputesCause, suspectedViolations of human rights and democratic rights, infringement property crime,Be sentenced to three years following the penaltyIntentional crime, andIn addition to malfeasance crimeBe sentenced toSequentia the sentence of criminal negligence cases seven years. However, criminal suspects, defendants inFive years had deliberately madeCrime, does not apply to this program. And the provisions of the parties reached a settlement agreement case, can according to the defendant lenient punishment.

28Three, special procedures: the illegal income confiscated programSeverely punishing the crime of corruption, crime of terrorist activities, the United Nations and the connection has joined with China's Anti-Corruption Convention and the relevant anti terrorist problem resolution requirements, the need for the proceeds of crime to take timely measures to freeze.

The draft amendment to increase provisions: for the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants absconded, inAfter a year not toThe suspect, the defendant, orDeathShall, in accordance with the criminal lawPursue the illegal income and other properties involved in caseThe people's Procuratorate, can put forward to the confiscation of illegal income shall apply to the people's court. And set up the public security organs to the people's Procuratorate procedure and trial procedures of the people's court.

29The special procedures, four: mandatory medical treatmentThe criminal law eighteenth stipulation: the mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to strict surveillance and medical;When necessary, by the government of compulsory medical.

For public security, maintaining social order, the draft amendment to increase provisions:The 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, by the public security organs to the people's Procuratorate, the people's Procuratorate to the people's courtThe compulsory medical applicationBy the peopleThe court's decision.And the trial procedure, legal aid and legal relief, compulsory medical relief and the supervision of the people's Procuratorate provisions.

30Criminal Procedure Law2012Other highlights major overhaulIn addition, according to the opinions, the draft amendment of criminal case evidence, proof standard, burden of proof, the bail pending trial and the supervision and management of residential surveillance, the defenders and agents ad litem right for challenge, the defenders to exercise their litigation rights in accordance with the law to hinder its appeal and accusation and processing mechanism, under the jurisdiction of the intermediate people's court, the people's court trial period, the community correction enforcement provisions made perfect.

 

 

 

Revision: behind the criminal procedure law on both sides of