Twenty-three, the video recording of interrogation

Newly added Article 121stWhen the investigators suspect,SureRecording of the interrogation processOrFor the videoMay be sentenced to life imprisonment,The death penalty casesOrOther major crime,ShouldFor the audio or video recording of interrogation.

Audio or video recordings shall be full, maintain integrity.

Personal view: in order to eliminate the torture to extract confessions may be each interrogation shall be recording not or. Estimated that if change again it may be improved.

D: interrogation, interrogation can be

Twenty-four, questioning the witnesses place

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

   Witnesses shall be questioned individually.

D: extended inquiry place

Twenty-five, technical investigation

The new The eighth section Technical investigation measures

Article 148thThe 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 take the technical investigation measures.

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

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

Article 149thThe approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. Since the date of issue of the approval decision within three months. Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation, after approval, the validity period may be extended, each time shall not exceed three months.

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

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

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

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

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

The payment of goods prohibited drugs or property crime, the public security organ according to the investigation of a crime, in accordance with the provisions of the implementation can be controlled delivery.

Article 152ndIn accordance with the provisions of this section shall take investigation 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.

Twenty-six, the conclusion of the investigation to counsel opinions

The new Article 159thIn 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.

Twenty-seven, extend the period of procuratorate detention

The new Article 165thThe people's Procuratorate 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.

Twenty-eight, transferred to the trial materials

The new Article 172ndThe 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, to the people's court proceedings,And will the case file and evidence, to the people's court.

Type twenty-nine, not to prosecute (expanded legal non prosecution scope)

The new Article 173rd The suspects without criminal factsOne case, or the fifteenth article of this law, the people's Procuratorate shall make a decision not to initiate a prosecution.

For minor crimes, in accordance with the criminal law does not require punishment or be exempted from punishment, the people's Procuratorate may decide not to initiate a prosecution.

The people's Procuratorate decides not to prosecute cases, should the investigationAttachment, seizure, freezing property releaseAttachmentThe seizure, freezing. 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.

[method] Association"The people's Procuratorate" criminal procedure rule 262nd stipulation: "the public security organs for examination before prosecution,

Found the suspect no offence, it shall make a written explanation will return the books of the public security organ; found guilty

The fact is not the suspect for crime, it shall make a written explanation will return the books of the public security organs and the public security organ should re

Investigation of crimes. If the criminal suspect has been arrested, shall revoke the decision of arrest, notify the public security organ to immediately release."

Thirty, before the court of review

The new Article 181stThe people's court for prosecution review, with clear criminal facts in the indictment, trial shall be decided.

Thirty-one, the mandatory court system

The new Article 187thThe 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.

The 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.

Article 188thThe people's court shall notify the,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.

The witness refusing to appear in court without proper reasons or refused to testify, 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.

Service thirty-two, decision

The new Article 196thUpon pronouncement of a judgment, will be open to the public.

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.

D: to expand the scope of

Thirty-three, to adjourn the trial case

The new Article 198thDuring the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed:

(a) need to summon new witnesses, obtain new material evidence, re examination or inspection;

(two) the prosecutors found a public prosecution requires supplementary investigation, suggestion;

Three.The application for withdrawal and not on trial.

Thinking: why change statement

Thirty-four, a trial period

The new 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.

The people's court to change under the jurisdiction of the case, from the day of receiving the people's court shall calculate the time limit after the change of play.

The people's Procuratorate for supplementary investigation cases, supplementary investigation is completed after the transfer to the people's court, to the people's court shall calculate the time limit.

Venue: 2+1+3+X

Thirty-five, the case of private time

The new Article 206thThe 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.(should the case no prosecution)

The people's court private prosecution deadline, the accused in custody shall be governed by the provisions of this law, the first paragraph of article 202nd, paragraph second;Not in custody, should be accepted within six months of sentencing.

D: a case of private prosecution trial: detention and custody are not memory

Thirty-six, the scope of summary procedure

The new Article 208th The basic people's Court of jurisdictionThe case, 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.

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

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

Test two aspects: scope of summary procedure and at the same time memory

Thinking: the life imprisonment case may apply summary procedure?

Thirty-seven, the simple procedure

The new Article 210thSummary procedure applies to the trial of cases, 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 possible sentence, shall form a collegial panel trial.

Application of simple procedure in public prosecution case, the people's Procuratorate shall send representatives to attend the court.

Thirty-eight, the simple procedure trial

The new Article 214thSummary procedure applies to the trial of cases, 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.

Thirty-nine, the second instance trial cases

The new Article 223rdThe 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) the 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.

The people's Court of second instance court hearing a case of appeal or protest, to the case or the place of the trial court.

Forty, the fact is not clear enough evidence to limit the number of remand

The new Article 225thThe people's Court of second instance cases protested by the judgment of the first instance, the appeal may, after hearing, shall handle it according to the following circumstances:

(a) the original judgment facts and the applicable law is correct, appropriate sentencing, it shall dismiss the appeal or protest, upheld the;

(two) the original judgment no error in the determination of facts, but the applicable law is wrong, or inappropriate, and shall be amended;

(three) the original judgment facts are not clear or the evidence is insufficient, can be changed after ascertaining the facts; or it may rescind the original judgment, remanded by the people's court re trial.

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 remanded by the people's court for retrial.

Forty-one, appeal not Infliction

The new Article 226thThe 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.

The people's Procuratorate or the private prosecutor appeal, not subject to the provisions of the preceding paragraph.

Forty-two, the second instance trial

The new Article 232ndThe 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

Venue: 2+2+X

Forty-three, the death penalty review

The new Article 239thThe 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.

Article 240thThe 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.

Venue: 1, the death penalty review shall interrogate the defendant; 2Defense counsel, shall listen to the views of the conditions; 3, reporting system

Forty-four, direct retrial

The new Article 244th:The higher people's court 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 order the people's court.

Forty-five, the execution

The new Article 253rdThe criminal was delivered to the execution of the sentence, shall be made by the people's court delivered executionIn the ten days after the entry into force of the decisionThe relevant legal documents to a public security organ, a prison or other executing organ.

Sentenced to two year stay of execution, shall be sentenced to 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 sentenceIn the following three monthsThe caretaker, for execution. Sentenced to criminal detention, executed by a public security organ.

For juvenile delinquents shall be the execution of criminal punishments on juvenile delinquents.

An executing organ shall take custody of criminal in time, and notify the family members of the criminal.

Sentenced to prison, criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.

Forty-six, probation

The new Article 254thTo 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.

The criminal is a serious disease, 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.

Test: the application of penalty execution outside prison

Forty-seven, the community correction mechanism

The new Article 258th Sentenced to control, probation, parole or temporary execution outside prisonIn accordance with the law, the community correction, community correction agencies responsible for the implementation of."

Forty-eight Fifth part: "the special program"

The first chapter fifth A minor procedure of criminal case

Article 266thOn juvenile delinquency 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. Article 267thThe 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 268thThe 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 269thStrictly limited to the juvenile criminal suspects, defendants shall apply the arrest measure. 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 270thFor 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. Ask the underage victim, witness shall apply, first, second, third. Article 271stFor 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. No prosecution for conditional decision, the public security organ for reconsideration, the victim for review or appeal, this Law shall apply to Article 175th, article 176th. The juvenile criminal 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. Article 272ndIn the non prosecution of additional conditions of the testing 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. Article 273rdIs 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 the discovery of decided to non prosecution of additional conditions before other crimes prosecution; (two) in violation of public security administration 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. Article 274thThe defendant when the 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. Article 275thWhen he committed the crime 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. Article 276thFor minor criminal cases, unless otherwise stipulated in this chapter have, in accordance with the other provisions of this law.

 

Fifth parts with second chapters: the parties reconciliation in cases of public prosecution procedure

Article 277thThe 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 opinion, on the reconciliation of the voluntary, legal review, and presided over the production of the settlement agreement. Article 279thTo reach a settlement agreement case, 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.

 

The fifth part third chapters: the suspect, the defendant escaping death cases of illegal income, the confiscation of the program (Xin Zeng)

Article 280thFor 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 criminal suspects, defendants to death, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, the people's procuratorate can put forward to the confiscation of illegal income shall apply to the people's 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. Article 281stThe confiscation of illegal income application, 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. Article 282ndThe 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. 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. Article 283rdDuring the trial, 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."

 

Fifth series of special procedure chapter fourth: mental patients do not bear criminal responsibility according to the law of compulsory medical procedures Newly added.

Article 284thThe 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. Article 285thAccording to the provisions of this chapter shall compulsory treatment of mental patients, decided by a 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. Article 286thThe people's court for compulsory treatment 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. Article 287thThe 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. Decided by the 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. Article 288thCompulsory 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. Be forced to medical men and their near relatives shall have the right to apply for cancellation of the compulsory medical. Article 289thThe people's Procuratorate decision and execution of compulsory medical supervision.