The people's Republic of ChinaCountry

The judicial interpretation of the Supreme People's court 

Method (release2012)21No.  

"Explain" the Supreme People's Court on the application of people's Republic of China Criminal Procedure Law > the Supreme People's Court on November 5, 2012 the 1559th meeting of the judicial committee, is hereby promulgated, shall enter into force as of January 1, 2013.  

Supreme People's court 

December 20, 2012

The tenth chapter is a case of private prosecution procedure of first instance

Article 259thThe people's Court of accepting a case of private prosecution must meet the following conditions:

(a) in accordance with the provisions of the 204th criminal procedure law, the first article of this interpretation;

(two) under its jurisdiction;

(three) the victim told;

(four) people, the specific claim and prove that the defendant's criminal evidence.

Article 260thProvisions of Article 1 of this interpretation of the case, if the victim's death, incapacity or can't tell because of coercion, intimidation, or with limited capacity and because of old age, illness, blind, deaf, dumb and not to tell, his legal representative, close relatives tell or to tell, the people's court shall accept the case according to law.

The victim's legal representative, close relative or to tell tell, that shall provide reasons and prove that the victim and the victim can not personally tell the relationship.

Article 261stBring a private prosecution shall submit the criminal complaint; at the same time to file an incidental civil action, shall submit the incidental civil to criminal prosecution.

Article 262ndComplaint shall include the following contents:

(a) the private prosecutor (to tell), the defendant's name, gender, age, nationality, was born, culture degree, occupation, work unit, address, contact method;

(two) the defendant committed in the time, place, circumstances and consequences, etc.;

(three) the specific claim;

(four) to the people's court sent and shape of time;

(five) the name of the source of evidence, etc.;

(six) the name, address, contact method etc..

The proposed tell the two or more defendants, shall provide the copy number of private prosecution in accordance with the defendant.

Article 263rdIn a case of private prosecution, the people's court shall complete the examination within fifteen days. After review, in line with the conditions of admissibility, it shall decide to initiate, and notify the private prosecutor or to tell people.

Any of the following circumstances, should persuade people to withdraw the prosecution of private prosecution; the private prosecutor not withdraw prosecution, ruled inadmissible:

(a) does not belong to the interpretation of the provisions of the first case;

(two) the lack of evidence;

(three) the limitation period for prosecution of the crime has been;

(four) the defendant's death;

(five) the defendant One's whereabouts is a mystery.;

(six) except for lack of evidence the withdrawal of the suit, the private prosecution after withdrawal, on the same facts and tell;

(seven) the court mediation, the private prosecution estoppel, the same fact to tell.

Article 264thTo have been placed on file, the case of private prosecution review of criminal evidence is lacking, the private prosecutor no additional evidence, the people's court shall persuade them to withdraw the prosecution or reject it; the prosecutor to prosecute or rejected prosecution, and put forward to prove the defendant guilty of new evidence, once again bring a private prosecution, the people's court shall acceptance.

Article 265thThe private prosecutor refuses to accept or reject the decision to prosecute, it may file an appeal.

The people's Court of second instance to the people's Court of first instance made inadmissible decision is wrong, should cancel the original ruling at the same time, the instruction of first instance in the people's court accepted; find out the people's Court of first instance court decision is wrong, should be in the revocation of the original decisions at the same time, the people's Court of first instance trial instruction.

Article 266thThe private prosecutor knowing that there are other common offender, but only on the part of the infringer bring a private prosecution, the people's court shall accept the case, and told to abandon its legal consequences tell; private prosecutor to tell, after declaration of judgment on other common people the same fact bring a private prosecution, the people's court shall not accept the.

Common victim in only some people tell, the people's court shall notify the other victims to participate in litigation, and told not to participate in the litigation legal consequences. Notify party after receiving the notice said not to participate in litigation or non appearance, deemed to have waived told. The first instance verdict, notify the same fact and bring a private prosecution, the people's court shall not accept the. However, the parties shall file a civil lawsuit, not subject to the limitation of interpretation.

Article 267thThe implementation of more than two criminal behavior, belonging to the cases of public prosecution and private prosecution cases, the people's court may be heard. The private part of the trial, the provisions of this chapter shall apply.

Article 268thCases of private prosecution evidence because of objective reasons can not be achieved, apply to the people's court to obtain, it shall explain the reasons, and provide clues or materials. The people's court considers necessary, shall timely.

Article 269thOn the criminal facts are clear, there is a case of private prosecution shall be sufficient evidence, the trial.

Article 270thA case of private prosecution, in accordance with the applicable conditions of summary procedure, to apply the simple procedure.

Do not apply to private prosecution cases of summary procedure, with reference to the relevant provisions of applicable in cases of public prosecution the ordinary procedure of first instance.

Article 271stThe people's court hearing a case of private prosecution, to ascertain the facts, to distinguish between right and wrong on the basis of mediation, on a voluntary, legal principles. Conciliation agreement, the mediation shall be made, signed by the judicial officers and the court clerk, and sealed by the people's court. Mediation by the parties shall sign, which have the force of law. If mediation fails to reach agreement, or mediation before signing receipt of Party estoppel, shall promptly make a decision.

Provisions of article third and 204th of the criminal procedure law case does not apply mediation.

Article 272ndBefore the judgment is pronounced, the case of private parties can self reconciliation, the prosecutor may withdraw his prosecution.

The people's court after examination, that the settlement, to withdraw the prosecution is voluntary, should be ruled to permit; that is forcing, threatening, not voluntary, shall not be permitted to.

Article 273rdA case of private prosecution to withdraw or ruling parties become reconciled, the defendant was forced to take measures, the people's court shall immediately lift.

Article 274thThe private prosecutor after two summons, refuses to appear in court without justified reason, or without court permission to withdraw from, the people's court shall order the withdrawal treatment.

Part of the private prosecutor withdrawal or ruled by withdrawing treatment, does not affect the case to trial.

Article 275thThe defendant in a case of private prosecution One's whereabouts is a mystery. during the trial, the people's court shall rule to suspend the trial. The defendant in custody, shall resume the hearing, when necessary, take compulsory measures against the defendant in accordance with the law.

Article 276thIn a case of private prosecution, shall, with reference to the relevant provisions of the criminal procedure law and the interpretation of article 195th article 241st of the judgment of acquittal cases; in accordance with the law, the civil part shall conduct mediation or judgment shall be.

Article 277thTell just processing and the victim has evidence to prove that they are minor criminal defendants or their legal representatives in the litigation process, may file a counterclaim to the private prosecutor. The counterclaim must meet the following conditions:

(a) a counterclaim object must be in the case of private prosecution;

(two) the counterclaim content must be related to the case behavior;

(three) the counterclaim cases must be in conformity with the provisions of Article 1 of this interpretation, the first second.

The provisions of private prosecution counterclaim cases shall be heard, together with the cases of private prosecution. The prosecutor withdrawal, does not affect the counterclaim cases continue the trial.

The eleventh chapter is the unit crime case

Article 278thThe people's court accepts the case of unit crime, in addition to review in accordance with the relevant provisions of the interpretation of article 180th, also should review whether the column name, the domicile of the defendant units, contact information, legal representative, is mainly responsible for the legal representative and the representative accused unit to the name of the person, position, contact. To the people's Procuratorate for supplementary materials, shall notify the people's Procuratorate to send up to three days.

Article 279thLitigation on behalf of the accused unit, shall be the legal representative or principal responsible person; the legal representative or principal responsible person accused persons directly in charge of the unit crime or unable to appear in court because of objective reasons, shall be made by the defendant units entrust other responsible person or the employees as the litigation representative. However, the other persons who are directly responsible persons accused of unit crime or knows the case to testify obligations, except for.

Article 280thHearing the case of unit crime, litigation representative shall notify the unit's court; no litigation representative to participate in the proceedings, shall request the people's Procuratorate identified.

Litigation on behalf of the accused unit who does not appear in court, shall handle it according to the following circumstances:

(a) the legal representative system of litigation representative of the unit or person in charge, refuses to appear in court, the court may summon; unable to appear in court because of objective reasons, or One's whereabouts is a mystery., shall request the people's Procuratorate shall determine the litigation representative;

(two) other personnel department accused unit litigation representative, shall request the people's Procuratorate shall determine the litigation representative to appear in court.

Article 281stLitigation representative accused unit people to enjoy the provisions of the criminal procedure law litigation rights. In court, the litigation representative seats in the judgment seat on the left side, in parallel with the defender mats.

Article 282ndThe defendant unit to entrust defenders, the relevant provisions of this interpretation of the applicable.

Article 283rdTo be recognized for the unit crime, the people's Procuratorate only as natural person crime prosecution, the people's court shall advise the people's Procuratorate to the criminal unit supplementary prosecution. The people's Procuratorate to natural person crime prosecution, the people's court shall review the unit crime, according to the directly responsible person in charge and other persons directly responsible shall be investigated for criminal responsibility, criminal law and quoted about unit crime member in charge held directly responsible and other persons directly responsible for the criminal liability clause.

Article 284thThe illegal income accused unit and its fruits, has not yet been recovered or attachment, seizure, freezing, the people's court shall decide, seizure, freezing or seizure.

Article 285thIn order to ensure the execution of the judgment, the people's court may be seized, seizure, freezing the defendant units of property, or by the unit puts forward guarantee.

Article 286thDuring the trial, the defendant unit revocation, cancellation, its business license shall be revoked or declared bankrupt, the person in charge directly responsible and other persons directly responsible for the crime of the hearing shall continue.

Article 287thDuring the trial, the defendant units merge, split, the original unit shall be listed as the unit, and indicate the merger, division of. The defendant unit fines imposed by its limited in property and income of the new unit.

Article 288thThe trial of the case of unit crime, not covered in this chapter, the relevant provisions of this interpretation of the applicable.

The twelfth chapter summary procedure

Article 289thThe basic people's court in cases of public prosecution, the examination that the facts are clear, the evidence fully, the duplicate copy of the indictment to the defendant, the defendant shall ask for the opinions of the facts of the crime accused, inform the applicable law of the summary procedure. The defendant to the facts of the crime accused no objection and agreed to the application of summary procedure, may decide to apply summary procedure, and notify the people's Procuratorate and the counsel before the court.

If the people's Procuratorate suggestions for summary trial of the case, shall be dealt with in accordance with the provisions of the preceding paragraph; do not meet the conditions of the simple procedure, it shall notify the people's procuratorate.

Article 290thAny of the following circumstances, does not apply summary procedure:

(a) if the defendant is blind, deaf, dumb;

(two) the defendant is a mental patient who has not completely lost the ability to recognize or control his own conduct;

(three) have a significant social impact;

(four) cases of common crime in the part of the defendants not guilty or has any objection to the application of summary procedure;

(five) defendants pleaded not guilty;

(six) the defendant pleaded guilty but the review that may not constitute a crime;

(seven) other circumstances the summary procedure is not appropriate for.

Article 291stSummary procedure applies to the trial of cases, in accordance with the thirty-fourth law of criminal procedure prescribed in the first paragraph, the people's court shall inform the defendant and his near relatives may apply for legal aid.

Article 292ndSummary procedure applies to the trial of cases, the people's court shall, three days before the hearing, the hearing time, place, inform the people's Procuratorate prosecutor, defendant, defenders, it may inform the other participants in the proceedings.

Notifications can adopt simple way, but shall be recorded.

Article 293rdApplication of summary trial procedure, the defendant counsel, shall notify the court.

Article 294thSummary procedure applies to the trial of cases, the judge or sole judge shall ask the defendant in court on 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 the summary procedure.

Article 295thSummary procedure applies to the trial of cases, can make the following simplifying the trial:

(a) the public prosecutor can read out the indictment;

(two) the public prosecutor, the defender, the judicial personnel of interrogating the accused, questions can be simplified or omitted;

(three) for both parties without objection evidence, can only explain the evidence and the name of the event proved; on both sides have the objection, or the court deems it necessary to investigate and verify the evidence, shall produce, and conduct cross examination;

(four) the parties have no objection to the conviction and sentencing facts, evidence, the court can directly about the determination of accusation and sentencing issues.

Application of summary trial procedure, before the judgment is pronounced, the final statement of the defendant shall be heard.

Article 296thSummary procedure applies to the sole judge in the process, found the defendant may be sentenced to a prison term of more than three years, should be transferred to the collegiate bench trial.

Article 297thSummary procedure applies to the trial of cases, should in general be in court.

Article 298thSummary procedure applies to the trial of cases, in the process of trial, one of the following circumstances, should be transferred to ordinary procedure:

(a) the act of the defendant may not constitute a crime;

(two) the defendant may not bear criminal responsibility;

(three) the defendant in court to prosecute the facts of the crime accused denied;

(four) the case facts unclear, insufficient evidence;

(five) other circumstances should not or the summary procedure is not appropriate for.

To an ordinary procedure case, trial period shall be calculated from the decided to turn the ordinary procedure date.

The thirteenth chapter to the procedure of second instance

Article 299thLocal people's courts at all levels in the announcement of the first judgment, ruling, shall notify the defendant, private prosecutor and his legal representatives judgment, ruling, have the right within the legal time limit in written or oral form, through the court or directly to the people's court at the next higher level appeal; the defendant's counsel, close relatives with the consent of the defendant, but also can appeal; incidental civil litigation parties and their legal representatives, can the judgment, ruling in incidental civil part of the appeal.

The defendant, private prosecutor, incidental civil litigation parties and their legal representatives whether to appeal, the appeal before the expiry of said at last "shall prevail.

Article 300thThe people's Court of appeal of the admissibility of the case, the general should be original and copy of the appeal.

The appeal should include: first instance judgment, ruling of the document and the appellant received on time, the name of the people's Court of first instance, the appeal and the reasons, the appeal of time. The defense of the accused person, close relatives agreed by the defendant appeal shall be indicated, also the relationship with the defendant, and should be the defendant as the appellant.

Article 301stThe appeal, appeal must be made within the statutory time limit. Appeal against a decision, appeal for a period of ten days; appeal against decisions, appeal for a period of five days. The appeal or protest, period, from receiving the written judgment, order calculation book second days.

The protest period with civil judgments, rulings, should be in accordance with the criminal appeal, part of the appeal, appeal to determine the period. Incidental civil part of a separate trial, an appeal shall be determined in accordance with the provisions of the criminal procedure law period.

Article 302ndThe appellant by the people's Court of first instance of appeal, the people's Court of first instance shall review. The appeal in accordance with the law, should be in the appeal within three days after the expiration of the period of appeal together with the case file, the evidence to the people's Court level, and a copy of the appeal petition to the people's Procuratorate at the same level and to the other party.

Article 303rdThe appellant files an appeal directly to the people's Court of second instance, the people's Court of second instance shall, on receipt of the appeal within three days after the petition of appeal to the people's Court of first instance. The people's Court of first instance shall review the appeal for compliance with the law. In accordance with the law, shall within three days after receiving the appeal will appeal together with the case file, the evidence to the people's Court level, and a copy of the appeal petition to the people's Procuratorate at the same level and to the other party.

Article 304thThe appellant requests to withdraw the appeal on appeal within the time limit, the people's court shall permit.

Article 305thThe appellant requests to withdraw the appeal on appeal after the expiration of the period, the people's Court of second instance shall review. Upon examination, that the original facts and the applicable law is correct, appropriate sentencing, shall make a decision to withdraw the appeal; that the original facts unclear, insufficient evidence of innocence or convicted of misdemeanor, heavy sentences, should not be allowed to hear appeals, in accordance with the.

The defendant was sentenced to the immediate execution of death penalty appeal, requests to withdraw his appeal in second instance court judge after the announcement before, should not be allowed to continue the trial, according to the case of appeal.

Article 306thLocal people's procuratorates of the people's courts at the same level the first judgment, ruling the protest, the protest should be submitted by the people's Court of first instance. The people's Court of first instance shall in protest after the expiration of three days to protest together with the case file, the evidence to the people's Court level, and the duplicates of the written protest to the party.

Article 307thThe people's Procuratorate protest withdraw the protest in within the time limit, the people's Court of first instance no longer to a higher people's court transferred the case; in protest after the expiration of the people's Court of second instance declared before refereeing withdraw the protest, the people's Court of second instance can be ruled to permit, and inform the people's Court of first instance and the parties.

Article 308thIn the appeal, appeal before the expiry of the withdrawal of appeal, appeal, the first trial, the ruling shall take effect on the date of the expiration of the appeal, appeal. In the appeal, appeal after the expiration of the period of demand the withdrawal of appeal, appeal, the people's Court of second instance ruled to permit, the first trial, second instance ruled that the ruling shall take effect on the appellant or protest organ book date.

Article 309thThe people's Court of second instance transferred to the people's Court of first instance appeal, appeal case, evidence, shall review whether include the following contents:

(a) to appeal, the appeal case letter;

(two) the appeal or protest;

(three) the first instance judgment, ruling eight copies (each additional defendants to increase a) and its electronic text;

(four) the whole record, evidence, including the report of the trial of the case and the other shall be transferred to the material.

Complete materials mentioned in the preceding paragraph, the people's Court of second instance shall be conducted; incomplete materials, it shall notify the people's Court of first instance to fill in time to send.

Article 310thSecond court hearing a case of appeal or protest, should be the first judgment, ruling that the facts and the application of the law to conduct a comprehensive review, not subject to appeal or protest, limiting the scope of the.

Article 311stThe common crime case, only the part of the defendants appeal, or the prosecutor is only part of the defendant's appeal against the sentence, or the people's Procuratorate is only part of the defendant's decision to lodge a protest, the people's Court of second instance shall examine the case, together.

Article 312ndA case of joint crime, the defendant appeals for death, other defendant does not appeal, the people's Court of second instance shall examine the case. After review, the defendants to death does not constitute a crime, shall be acquitted; constitutes a crime, shall terminate the trial. The other co defendants still shall make a judgment, ruling.

ArticleThree hundred and thirteenArticle　Civil claim annexed to a criminal case, only incidental civil litigation parties and their legal representatives in the appeal, the people's Court of second instanceShall examine the case. After review,The first trial of criminal part and no improper, the people's Court of second instance only need to make the treatment of incidental civil part;The first trial of incidental civil part facts are clear, the correct application of law, shall be subject to the criminal supplementary civil ruling upheld, dismissed the appeal.

Article 314thCivil claim annexed to a criminal case, only incidental civil litigation parties and their legal representatives in the appeal, the criminal judgment of first instance occurred in the appeal after the expiration of the legal effect.

In the first instance should send executed a criminal defendant is the second defendant of the incidental civil procedure of second instance, the case is closed, can defer to send the prison execution.

Article 315thFor a case of appeal or protest, we should examine the following contents:

(a) whether the judgment of first instance finds that the facts are clear, the evidence is true, full;

(two) the first trial of applicable law is correct, whether the appropriate sentencing;

(three) in the investigation, prosecution, the procedure of first instance, there is no violation of legal procedure;

(four) the appeal or protest, whether the facts, new evidence;

(five) the defendant's confession and exculpation situation;

(six) submission and adoption of a defender;

(seven) the incidental civil part of the judgment, ruling or legal, proper;

(eight) the people's Court of first instance court, the judicial committee for discussion and comments.

Article 316thSecond, the defendant in addition to defend oneself, still can continue to entrust the first trial counsel or entrust another defender defense.

The common crime case, only the part of the defendants appeal, or the prosecutor is only part of the defendant's appeal against the sentence, or the people's Procuratorate is only part of the defendant's decision to lodge a protest, other co defendants also can entrust his defense.

Article 317thThe following cases, according to the law of criminal procedure 223rd the provisions of paragraph 1, shall open the court session:

(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 immediately;

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

(four) shall be other cases of the trial.

The defendant sentenced to death immediately without appeal, the other co defendants appealed case, the people's Court of second instance shall open the court session.

The defendant was sentenced to the appeal of the death sentence with a reprieve, does not belong to the first paragraph of the first paragraph, conditional, should also be hearing.

Article 318thFor a case of appeal or protest, the people's Court of second instance upon examination, that the facts are not clear and the evidence is insufficient, or with 227th criminal law stipulates the violation of legal procedure, need to remand the case for trial, the trial can not.

Article 319thDuring the second instance, the people's Procuratorate or the defendants and their counsel submits new evidence, the people's court shall timely notify the other party to consult, extract or copy.

Article 320thThe trial of second instance cases of public prosecution, shall consult the files in the decision after hearing the timely notify the people's procuratorate. Since the notice within second days, the people's Procuratorate to examine the case of time not included in the trial period.

Article 321stHearing the appeal, appeal, it shall notify the people's Procuratorate at the same level send personnel to the court.

Appeal cases, the people's Procuratorate received a court notice not to send its personnel to the court, and does not explain the reason, the people's court may order the withdrawn by processing according to the people's Procuratorate, the people's Court of first instance and notify the parties and the.

Article 322ndHearing a case of appeal or protest, in addition to the relevant provisions of the applicable to the procedure of first instance, shall be conducted in accordance with the following provisions:

(a) court investigation stage, the judges read the first judgment, ruling the case on appeal, the appellant or counsel to read the petition or statement of the grounds of appeal, appeal cases by the inspector to read out the protest; both the appeal and protest case, the prosecutor read out the protest, then by the appeal people or defender petition or statement of the grounds of appeal read;

(two) the court debate stage, a case on appeal, the appellant, the defenders say, by the prosecutor, attorney speak; protest cases, the prosecutor, attorney speak, by the defendant, the defenders say; both the appeal and protest case, first by the prosecutor, attorney speak then, by the appellant, the defenders to speak.

Article 323rdHearing a case of appeal or protest, can focus on the judgment of the first instance, ruling controversial or questionable parts. According to the circumstances of the case, can be heard in the following ways:

(a) read the first judgment, can only read the main facts, evidence, the name and the text of the judgment;

(two) the court shall focus on the facts, the first trial of objection and evidence submitted new evidence of the facts, evidence and plot; no objection, can be confirmed directly;

(three) the defendant does not appeal to people in the trial of cases, has not been applied in court or the people's court that there is no need to appear in court, can no longer be summoned to appear in court;

(four) the defendant has committed several crimes cases, no objection to the criminal facts are clear and can not be heard in court.

In court cases, not appeal, the people's Procuratorate has not its decision defendant protest requirements appear in court, he shall be permitted to. People appear in court investigation and debate.

Article 324thThe second instance shall not hold a hearing, it shall interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions. All members of a collegial panel shall be marking, when necessary, it shall submit a written examination opinions.

Article 325thThe trial the defendant or his legal representative, counsel, relatives to appeal the case, shall not increase the criminal punishment on the defendant, and perform the following provisions shall:

(a) in court cases, only the part of the defendants appeal, the appellant or aggravated punishment, nor aggravate other co accused penalty;

(two) the facts are clear, evidence really, fully, just as guilty of misconduct, can change the charges, but not increase the punishment;

(three) the combined punishment for several crimes to the defendant may not increase the penalty decision, execution, nor of a crime in the crime of aggravated penalty number;

(four) the defendant verdict on probation, probation revocation or not extend the probation period;

(five) the original did not declare a ban, shall not increase the declaration; the original declaration of prohibition, not increase the content, to extend the time limit;

(six) the defendant sentenced to no restrictions shall not restrict the commutation, commutation;

(seven) the facts are clear, the evidence is, well, but sentenced to punishment too light, should additional penal apply not applicable, shall not directly increase the punishment, apply additional punishment, nor to the facts unclear, insufficient evidence on the grounds for the people's Court of first instance for retrial. Must be in accordance with the law shall be commuted, decision, ruled that went into effect in second after the trial, in accordance with the procedure for trial supervision re trial.

To appeal to the people's Procuratorate or the private prosecution cases, do not be restricted by the preceding paragraph.

Article 326thThe people's Procuratorate protest on the part of the defendant only judgment, or the prosecutor is only part of the defendant's appeal against the judgment, the people's Court of second instance shall not add to the other co accused penalty.

Article 327thThe defendant or his legal representative, counsel, relatives to appeal the case, the people's Court of second instance remand the case for retrial, in addition to the new facts of the crime, the people's Procuratorate for supplementary charges outside, the people's court shall not increase the criminal punishment on the defendant.

Article 328thThe facts are not clear and the evidence is insufficient, the people's Court of second instance remanded case, the people's court to make a ruling, the defendant appealed or protested by a people's Procuratorate, the people's Court of second instance shall make a judgment or ruling, shall not be sent back for a new trial.

Article 329thThe people's Court of second instance that the people's court in the re trial in the criminal procedure law, is one of the 227th article of the cases, or in violation of the provisions of article 228Th, it shall rescind the original judgment, remand the case for retrial.

Article 330thAppeal, appeal to the criminal part trial the people's Court of second instance, the incidental civil part of a legally effective cases, find the first judgment, ruling in incidental civil part is wrong, should be corrected for incidental civil part in accordance with the procedure for trial supervision.

Article 331stThe people's Court of second instance trial of the civil part of the appeal, the criminal part of a legally effective cases, find the first trial, ruled in the criminal part is wrong, should review in accordance with the procedure for trial supervision of the criminal section, and the incidental civil and criminal trial parts together.

Article 332ndDuring the first trial of second instance, plaintiffs of the supplementary civil action to increase the independent litigation request or the first instance defendant files a counterclaim, the people's Court of second instance can be adjusted according to the voluntary, legal principles; if the mediation fails, the parties shall inform the prosecution.

Article 333rdThe second case of private prosecution, it may be necessary to mediation, the parties may also become reconciled. Mediation, conciliation statement shall be made, the judgment of first instance, ruling as automatic revocation; if the parties become reconciled, shall make a decision to withdraw the prosecution, and the withdrawal of the first trial, adjudication.

Article 334thSecond, the case of private party files a counterclaim, shall inform the prosecuted.

Article 335thThe people's Court of second instance may entrust the people's Court of first instance for sentencing, and served second trial to judgment, ruling party. The people's Court of first instance shall, on behalf of judgment within five days after the sentence transcripts sent to the people's Court of second instance, and served after the timely receipt to the people's Court of second instance.

Commissioned by the sentence, the people's Court of second instance shall be delivered directly to the people's Procuratorate at the same level second trial judgment, ruling.

In the fourteenth chapter, below the legal punishment penalty and special parole approval

Article 336thSubmitted to the approval of the Supreme People's court sentenced to a punishment below the legally prescribed punishment cases, shall handle it according to the following circumstances:

(a) the defendant does not appeal, the people's Procuratorate did not protest, protest, on appeal after the expiration of the period of three days to a higher people's court review. A higher people's court agreed with the original, it shall make a written report approved by the Supreme People's court; do not agree, shall make a written order to remand the case for retrial, or change according to the procedure of first instance retrial jurisdiction. The original is the grassroots people's court, the Supreme People's court can specify the intermediate people's court according to the procedure of first instance;

(two) the defendant appealed or protested by a people's Procuratorate, shall be tried in accordance with the procedure of second instance. The court of appeal upheld the decision or sentence, still below the legal punishment in criminal punishment, shall be in accordance with the provisions of the preceding paragraph report approved by the Supreme People's court.

Article 337thSubmitted to the approval of the Supreme People's court sentenced to a punishment below the legally prescribed punishment cases, shall be submitted to the court verdict, submitted to the approval of the report in five copies, and the whole record, evidence.

Article 338thThe sentence below the legal punishment in the case, the Supreme People's court approved, shall make a ruling of approval; not approved, shall make a decision not to approve the ruling, and reverse the original judgment or ruling, remanded by the people's court re trial or other designated an inferior people's court for a new trial.

Article 339thAccording to the interpretation of article 336th, the provisions of article 338th back to the people's Court of second instance to the trial of the case, the people's Court of second instance can be directly to the court; must be facts, verify the evidence or correct the illegal procedure, it shall hold a hearing.

Article 340thThe Supreme People's court and the people's court at a higher level review below the legally prescribed punishment sentencing trial period, with reference to the provisions applicable to criminal law article 232nd.

Article 341stSubmitted to the approval of the Supreme People's court for the criminals have special conditions, not by the prison limiting parole cases, shall handle it according to the following circumstances:

(a) to the intermediate people's court ruling on parole, the higher people's court shall review report. The higher people's court agreed, it shall make a written report to the approval of the Supreme People's court; do not agree, shall rescind the intermediate people's court ruling on parole;

(two) the higher people's court shall make a ruling on parole, shall be submitted to the Supreme People's court for approval.

Article 342ndSubmitted to the approval of the Supreme People's court for the criminals have special conditions, not by the prison parole cases should be reported to limit, paper please approval report, the criminal has a special report, the ruling five copies each, and all the files.

Article 343rdDue to the criminals with special circumstances, not subject to restriction of prison parole cases, the Supreme People's court approved, shall make a ruling of approval; not approved, shall make a decision not to approve the ruling, and cancel the original ruling.

The fifteenth chapter is the review procedure of death penalty

Article 344thSubmitted to the Supreme People's court approved the death penalty cases, shall handle it according to the following circumstances:

(a) cases of first instance, the intermediate people's court sentenced to death, the defendant does not appeal, the people's Procuratorate did not protest, in ten days after the appeal, appeal to a higher people's court shall review the term. The higher people's courts agree with the death sentence, shall be submitted in ten days after the approval of the Supreme People's court ruled in; do not agree, should be in accordance with the procedure of second instance the case or remand the case for retrial;

(two) cases of first instance, the intermediate people's court sentenced to death, protest the defendant appeal or the people's Procuratorate, the higher people's court ruling shall be maintained, in ten days after the approval of the Supreme People's court ruling;

(three) cases of first instance, the higher people's court sentenced to death, the defendant does not appeal, the people's Procuratorate did not protest, shall be submitted in ten days after the appeal or protest, the term of the Supreme People's court for approval.

The higher people's Court of review of death penalty cases, it shall interrogate the defendant.

Article 345thThe intermediate people's court in cases of First Instance sentenced to death sentence with a reprieve, the defendant does not appeal, the people's Procuratorate did not protest, shall be submitted to the Supreme People's court approval.

The higher people's court review of suspension of execution of death penalty cases, it shall interrogate the defendant.

Article 346thSubmitted to the review of the death penalty, suspension of execution of death penalty cases, should be a case of a newspaper. To submit materials including submitted to the review report, the first instance judgment of death penalty cases, comprehensive report, five copies of all the files, as well as evidence. A death penalty case report, the first instance judgment, and heard the report of it shall submit the electronic text.

In case the case file, the evidence shall be submitted.

Once the case remanded, first, two volume shall be submitted to the trial.

Article 347thSubmitted to the review report, shall state the case, brief case, the trial and verdict.

A death penalty case report shall include the following contents:

(a) the basic situation of the defendant, the victim. The defendant had a criminal record or have received administrative punishments shall be indicated;

(two) origin of the case and the case through. The case was remanded, shall state the reasons, remand the case for retrial time, case, etc.;

(three) cases of detection conditions. Through the technical investigation measures capture of the defendant, criminal, and surrender, meritorious service that the situation, shall include;

(four) the first trial cases. Includes the views of the two, first instance that the facts of the crime, the collegiate bench and the judicial committee;

(five) the second instance trial or senior people's court shall review the situation. Including the grounds of appeal, the procuratorial organs in the trial of the second instance, or the people's court senior review identified, admissibility of evidence and reason, both sides opinion and accept;

(six) to describe the problem. Including dealt with cases in the common crime accomplice of conviction and sentencing circumstances, cases have no significant social impact, and the reaction condition;

(seven) comments. Specify the full court and the judicial committee.

Article 348thReview of the death penalty, suspension of execution of death penalty cases, shall comprehensively examine the following contents:

(a) the age of the accused, the accused had no criminal responsibility, if the pregnant women;

(two) whether the facts are clear, the evidence is true, full;

(three) the circumstances of the crime, and the degree of harm consequence;

(four) whether the law applicable to the decision is correct, whether it must be sentenced to death, whether it must be executed immediately;

(five) there is no legal, the discretionary heavier, lighter or mitigated punishment;

(six) the procedure is legal;

(seven) other circumstances shall review.

Article 349thThe higher people's court review of suspension of execution of death penalty cases, shall handle it according to the following circumstances:

(a) the original facts and the applicable law is correct, appropriate sentencing, procedure legal, shall decide to approve;

(two) the identification of a specific facts or refer to legal terms are defective, but sentenced the accused to death with a reprieve no inappropriate, can be corrected to approve judgment, ruling;

(three) the original finds that the facts are correct, but the applicable law is wrong, or the punishment shall be commuted overweight;

(four) the original facts unclear, insufficient evidence, may make a decision of disapproval, and rescind the original judgment, the judgment shall be amended according to remand the case for trial, or;

(five) the conviction and sentencing facts, new evidence appeared during the review, can the ruling shall not be approved, and revocation, remand the case for retrial, or in accordance with the interpretation of rule 220th hearing shall be amended according to the law;

(six) the violation of legal procedure, which may affect the fair trial, shall make a decision of disapproval, and revocation, remand the case for retrial.

The higher people's court review of suspension of execution of death penalty cases, may increase the criminal punishment on the defendant.

Article 350thThe Supreme People's court review of death penalty cases, shall handle it according to the following circumstances:

(a) the original facts and the applicable law is correct, appropriate sentencing, procedure legal, shall decide to approve;

(two) the identification of a specific facts or refer to legal terms are defective, but sentenced the accused to death is not wrong, can be corrected to approve judgment, ruling;

(three) the original facts unclear, insufficient evidence, shall make a decision of disapproval, and revocation, remand the case for retrial;

(four) the conviction and sentencing facts, the emergence of new period influence review evidence, shall order not approved, and revocation, remand the case for retrial;

(five) the original finds that the facts are correct, but the law should not be sentenced to death, shall make a decision of disapproval, and revocation, remand the case for retrial;

(six) the violation of legal procedure, which may affect the fair trial, shall make a decision of disapproval, and revocation, remand the case for retrial.

Article 351stThere are two more than the crime was sentenced to death for a combined punishment for several crimes cases, the Supreme People's court checks, that which part of the criminal's death sentence, ruled that the facts are not clear, the evidence is insufficient, should the decision of disapproval, and revocation, remand the case for retrial; that which part of the criminal's death sentence, ruled that the facts are correct, but the law should not be sentenced to death, can be changed, and sentenced to death on the other should be criminal to approve death penalty.

Article 352ndThe two or more defendants sentenced to death penalty case, the Supreme People's court checks, that part of the defendant's death sentence, ruled that the facts are not clear, the evidence is insufficient, should the decision of disapproval, and revocation, remand the case for retrial; that part of the defendants in death sentence, ruling finds that the facts are correct, but the law should not be sentenced to death, can be changed, the accused and sentenced to death on the other should make the death penalty decision.

Article 353rdThe Supreme People's court shall not approve the death penalty, according to the circumstances of the case, can be sent back the people's Court of second instance or the people's Court of first instance for retrial.

The people's Court of first instance shall re trial, the trial. The people's Court of second instance retrial, can be directly to the court; must be facts, verify the evidence or correct the illegal procedure, it shall hold a hearing.

Article 354thThe higher people's court in accordance with the procedure for trial after the Supreme People's court approved the death penalty, the Supreme People's court shall not approve, back to the high court, the higher people's court may in accordance with the procedure of second instance the case or remand the case for retrial.

Article 355thThe Supreme People's court shall not approve the death penalty, remanded case, the people's court shall form a new collegial panel trial, except for the interpretation of article 350th, fifth paragraph of fourth cases.

Article 356thThe death penalty review period, the defense lawyer asked to reflect the views of the Supreme People's court, the collegial panel shall listen to the opinions on the premises, and making a record; lawyer put forward written opinions, shall be attached.

Article 357thThe death penalty review period, put forward opinions of the Supreme People's Procuratorate, the Supreme People's court shall review, and will take the case and the reasons. The Supreme People's procuratorate.

Article 358th　The Supreme People's court shall notify the death penalty review results to the Supreme People's Procuratorate in accordance with the relevant provisions.

The sixteenth chapter attachment, seizure, freezing the property and processing

Article 359thThe people's court for the seizure, seizure, freezing of the property and the fruits thereof, shall be properly kept, and making lists, attached for reference; the people's Procuratorate of property transferred along with the case and its fruits, should according to the list of inspection after the safekeeping. Any unit or individual shall not be misappropriated or dispose of.

Attachment does not move property, vehicle, ship, aircraft production, shall be seized the right certificate, after taking pictures or video in situ sequestration, close relatives the defendant or to the holder, custody, registration and specify the name, type, property ownership, address and other details, and notify the relevant property registration, management seal registration.

The seized articles, shall be registered and that the item name, type, specifications, quantity, weight, quality, quality, purity, color, recency, defect characteristics and source. Seizure of money, securities, shall be registered and that currency, securities, the amount of the name, amount, currency shall be deposited into a special account bank, bank deposit certificates and registration name, content. Cultural relics, gold and silver jewelry, seizure, rare calligraphy and painting and other valuables and contraband, shall take pictures, the need to identify, shall timely identification. It shall timely according to the relevant provisions on the valuation of the seized items.

Frozen deposits, remittances, bond, stock, fund and other property, shall be entered in the register and stating the number, type, amount, number, amount etc..

Article 360thThe lawful property of the victim, clear ownership, shall be promptly returned, but subject to take photographs, identification, valuation, and indicate the return of reason in the files of the case, will receive procedures original photos, list and the attached memorandum; ownership of the unknown, should be in the people's court judgment becomes effective, proportionate returned to the victim, but has been part of the compensation shall be deducted.

Article 361stDuring the trial, the right to apply for selling seized, frozen bond, stock, fund and other property, the people's court after examination, that does not damage the interests of the state, the interests of victims, not the normal proceedings, as well as the seizure, freezing of the draft, promissory note, check of expiring in the judgment, ruling, can take effect prior to the sale, the proceeds shall be kept by the people's court, and inform the parties or their near relatives timely.

Article 362ndTo use as evidence of the physical evidence, including as currency, securities, shall be transferred together with the case. The judgment of the first instance, ruling after the announcement, the defendant appealed or protested by a people's Procuratorate, the people's Court of first instance shall be the evidence to the people's Court of second instance.

Article 363rdTo be transferred to the real, should according to the situation, examine the following contents respectively:

(a) the bulk, inconvenient carrying goods, seizure, seizure authority is transferred along with the case of attachment, seizure list, with the original photos and storage procedures, specify the location etc.;

(two) the perishable, mildew and is not easy to store items, seizure, detaining authorities sold after processing, whether with the case the original list, photos, obtained Certificate (photocopy);

(three) firearms and ammunition, highly toxic, flammable and explosive goods and other contraband goods, dangerous goods, seizure, seizure authority according to the relevant provisions of treatment, is transferred along with the case the original photos and lists.

The above should not be transferred shall be real, identification, valuation, should also examine whether with identification, valuation opinion.

The attachment, seizure of currency, securities not transferred, shall examine whether the original photo, a list or other documents.

Article 364thDuring a court hearing, the properties and interests of attachment, seizure, freezing, should investigate the ownership situation, whether to belong to illegal income or other involved shall be recovered property.

Properties and interests outsider on attachment, seizure, freezing of property objection, the people's court shall review and dealt with according to law.

After review, could not confirm the attachment, seizure of property and its fruits, frozen belong to illegal income or other property involved shall be recovered in accordance with law, shall be confiscated.

Article 365thThe properties and interests of attachment, seizure, freezing, shall state the name, amount, number, location and treatment methods in the judgment. The property is more, not in the text of the judgment in detail, can be attached list.

The property is not transferred together with the case, shall be indicated in the judgment, and specify the attachment, seizure, freezing by the authority responsible for processing.

Article 366thAttachment, seizure, freezing the property and accrued interest, after examination, indeed illegal income or other property involved shall be collected in accordance with the law, the court shall return to the victim, or confiscated and turned over to the state treasury, except as otherwise stipulated by law.

Verdict returned to the victims involved in property, it shall notify the victim claim; unclaimed, notice shall be issued; notice the full three months unclaimed, shall be turned over to the state treasury; turned over to the State Treasury has claimed, verified, it shall apply for refund shall be returned; the sale of the original has been auctioned,, shall return the price.

For violations of state owned property cases, victims unit has been terminated and no rights and obligations successors, or the loss has been written off, seizure, seizure of property and its fruits, frozen shall be turned over to the state treasury.

Article 367thWith the case or the court attachment, seizure of property and its fruits, by the people's Court of first instance after the effective date of this judgment is responsible for processing.

The property is not transferred together with the case, the people's court shall within ten days after the verdict, the verdict, ruling is served, the detaining authorities seized, and inform the receipt back to perform in a month.

Article 368thConfiscation of frozen deposits, remittances, bonds, stocks, funds and other property share of judgment, the people's Court of first instance shall, after the effective date of this judgment, the judgment, ruling to the financial institutions and the financial department, notify the relevant financial institutions shall be turned over to the state treasury and connected to the implementation of the notice within fifteen days after, will be turned over to the State Treasury documents, perform receipt back to.

Article 369thAttachment, seizure, freezing the property is irrelevant to the case but has been included in the list, attachment, seizure, freezing shall be made by the authorities in accordance with the law.

Attachment, seizure, freezing the property belonging to the accused person lawful all, should compensate the victim's damage, execution of property punishment after the timely return of the defendant; property not transferred together with the case, it shall notify the attachment, seizure, freezing organs will be compensation for the victim's loss, the execution of property penalty part transferred to the people's court.

Article 370thAttachment, seizure, freezing the property and processing, this explanation is not specified, with reference to the relevant provisions of the applicable law, the other the judicial interpretation.

 

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