Mr. Chen Shaowen micro-blog new criminal law interpretation of

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[RI Zhi agency criminal interpretation of 1- grade jurisdiction] the law twentieth: Intermediate People's courts shall have jurisdiction over the following criminal cases of first instance: (a) counterrevolutionary cases, cases endangering State security; (two) the ordinary criminal cases punishable by life imprisonment, death penalty; (three) criminal cases involving crimes committed by foreigners.

[RI Zhi agency criminal interpretation of 1- grade jurisdiction]: the twentieth intermediate people's Court of jurisdiction of criminal cases of first instance of the following: (a) to endanger national security, terrorism cases; (two) may be sentenced to life imprisonment, the death penalty cases.

[RI Zhi agency criminal interpretation of 1- grade jurisdiction] change: 1, delete the crimes of counterrevolution, increasing terrorism cases; 2, remove the foreigner crime.

[criminal interpretation of 1- grade jurisdiction] interpretation: Amendment 1, 96 years of criminal procedure law, the criminal law has not been modified, counter revolutionary crimes still exist, thus preserving the crimes of counterrevolution expression, the removed, according to the domestic crime, increase the crime of terrorist activities. 2, and gradually increased the number of crimes committed by foreigners, delete this kind of crime. The civil litigation jurisdiction prescribed court case involving foreign elements, due to increased provisions of foreign-related cases, major cases involving foreign element by the intermediate people's court jurisdiction.

[] the jurisdiction of criminal interpretation of 1- level investigation: foreigners crimes will no longer be the standard to judge the level of jurisdiction independence, only the type of crime and sentenced to punishment is determine whether the court jurisdiction standards. Foreigners such as John suspected crime of insult, the general should be under the jurisdiction of courts at the grassroots level, but foreigners John as the alleged rape, may be sentenced to death because, by the intermediate people's court jurisdiction.

[2-] to avoid criminal interpretation of original law thirty-first: "the provisions of this Law Article twenty-eighth, article twenty-ninth, article thirtieth also apply to court clerks, interpreters and identification of human."

[2-] the criminal interpretation from thirty-first: "about avoidance provisions of this chapter apply to court clerks, interpreters and identification of human. The defender, agent ad litem may require avoidance, apply for reconsideration in accordance with the provisions of this chapter."

[2-] to avoid criminal interpretation of change: the scope of application for the body and avoid to apply for reconsideration of the subjects range from "the parties and their legal representatives", extended to the "defenders and agents ad litem".

[2-] the avoidance of criminal interpretation: avoidance in recent years tend to single topics of the form of the investigation, but the difficulty is very big, each option involves an avoidance of knowledge point. This year will be so, and focuses on the scope of application for withdrawal and complex discussion subject. Example: the accused Zhang of 19 years old, his father because of close relatives and non statutory agent, has no right to challenge; but if he has served as counsel, right for challenge.

[criminal interpretation of 3- to entrust defenders time] original article thirty-third paragraph 1: "since the case is transferred for examination before prosecution, public prosecution cases, criminal suspects have the right to entrust defenders. The accused in a private prosecution shall have the right to entrust defenders at any time."

[criminal interpretation of 3- to entrust defenders time] the thirty-third paragraph 1: "the suspect since the first interrogation by the investigatory organ or coercive measures taken to date, has the right to entrust defenders; in the investigation period, can only be entrusted lawyer. The accused has the right to entrust defenders at any time."

[criminal interpretation of 3- to entrust defenders time] change: the suspects will be entrusted a defender from the time the transferred for examination before prosecution, to advance the investigation stage "the first interrogation or coercive measures taken to date"; the detection stage attorney's identity from the legal help to counsel.

[interpretation of criminal interpretation of 3- to entrust defenders time]: before the stage of investigation, the counsel status is not recognised, the right of investigation and evidence collection, marking the right and other defense activities impossible, identity embarrassment, the position of lawyer investigation phase for counsel, to extend the defence lawyer investigation phase right to clear the legislative hurdles. On the other, the first interrogation to hire a lawyer, also a foreshadowing for the interrogation lawyer present system buried.

[criminal interpretation of 3- to entrust defenders time]: Study on detection stage attorney lawsuit right claim is true or false, such as the starting point of time the investigation stage to hire a lawyer is after the first interrogation (error, should be the first interrogation), the stage of investigation, non lawyers can also be entrusted to become defenders (error, only lawyers can be entrusted to a lawyer)......

[subject] criminal interpretation of 4- to entrust defenders of the old law thirty-third: "since the case is transferred for examination before prosecution, public prosecution cases, criminal suspects have the right to entrust defenders. The accused in a private prosecution shall have the right to entrust defenders at any time." According to this stipulation, the old law has the right to entrust defenders subject range "of suspects and defendants."

[subject] criminal interpretation of 4- defender entrusted the thirty-third increase in the third paragraph: "" criminal suspects, defendants in custody, also by the guardian, close relatives to entrust defenders."

[subject] criminal interpretation of 4- to entrust defenders changes: in the criminal suspects, defendants in custody, have the right to entrust his subject range can be extended to the guardian and close relatives.

[] interpretation of the main criminal interpretation of 4- entrust a defender: in practice, if the criminal suspect or defendant in custody of the state, the right to entrust defenders are unable to exercise, therefore, often by their families to appoint support, then get the defendant agree and acknowledge that, but the law does not in itself clear close relatives of the power of attorney, the explicit provisions of criminal suspects, defendants in custody, guardianship and close relatives may entrust a defender.

[subject] criminal interpretation of 4- defender entrusted investigations: only appear as an option, students need to pay attention to, must be in the crime suspect, accused person "in custody", the guardian and close relatives have power of attorney, others still can not be commissioned an independent.

[subject] criminal interpretation of 4- entrust a defender on the issue of legal provisions, there is a big conflict and contradiction between each other, therefore, interpret each teacher will exist different. Micro-blog word limit, it is difficult to give details, interested students can read the following article:Http://t.cn/zOx8ioe

[5-] criminal interpretation of designated defense stipulated: "high law" thirty-sixth "the defendant's counsel did not entrust with one of the following cases, the people's court shall appoint one for him: (a) the blind, deaf, dumb or a person with limited ability of people; (two) trial discontent minors under the age of eighteen; (three) may be sentenced to death."

[criminal interpretation of 5- designated defense] the thirty-fourth: "the suspect, the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct, counsel did not entrust the ,...... The suspect, the defendant may be sentenced to life imprisonment, the death penalty, counsel did not entrust, the courts, procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the."

[criminal interpretation of 5- designated defense] change: 1, will be the designated defense situation extended to life imprisonment; 2, the designated defense obligations from the court extended to the public security organ and the people's procuratorate.

[criminal interpretation of 5- designated defense] explanation: the current our country criminal case rate is less than 30%. Many of the accused to accept the prosecution and trial in the absence of a lawyer to help the situation, their legitimate rights and interests can not be protected effectively, because this must expand the scope appointed defense. At the same time, the stage of the proceedings will be designated defense extends to the investigation, prosecution stage, not only conducive to the protection of the rights and interests of the accused as soon as possible, can also expand the business for lawyers.

[criminal interpretation of 5- designated defense] study way: the designated defense has always been an important research object of judicial examination, especially shall designate defense situation, this year is no exception, is likely to be a multiple choice. Mnemonic rhymes can be changed to "deaf blind into half mad, juvenile forever (no period) shoot (death)".

[criminal interpretation of 5- designated defense] added: some students found the new law does not "minor" this should be the designated defense situation, in fact this is a misunderstanding, such provisions in the 267th article: " juvenile criminal suspects, the accused does not entrust a defender, court, procuratorate, public security organ shall inform the legal aid institutions appoint lawyers to defend the." Therefore, the minor shall be appointed defense is still on the like.

[criminal interpretation of 6- lawyers right of the original method ninety-sixth]: "in cases involving state secrets, the lawyer meets with the criminal suspect in custody, shall be subject to the approval of the investigation organ."

[criminal interpretation of 6- lawyers right] the thirty-seventh: "defense lawyer to lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention should arrange to meet,...... Crimes of endangering national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ."

[criminal interpretation of 6- lawyers right] change: clear lawyer hold three certificates (entrusted to a lawyer's practice certificate, certificate of his law firm and a power of attorney, the designated defense for a lawyer's practice certificate, certificate of his law firm and the law aid official) can barrier free meet, without approval. But the crime of endangering national security, terrorist crimes and the crime of particularly great bribery case, still need to go through the investigation authority.

[criminal interpretation of 6- lawyers met the right interpretation of 1]: Although the original law only in cases involving state secrets only after the approval of the investigation organ, but in practice, the investigation organ often because of related materials and processing opinion investigation process need to be kept confidential and as the case involves state secrets, not met with approval. 08 years of lawyer law attorney in possession of three certificates can be met, no approval is required, the modified absorption of this provision.

[criminal interpretation of 6- lawyers met the right interpretation 2]: the crime of endangering national security, terrorism and particularly great bribery case, still need to go through the investigation organ for approval. Even in the west, for these crimes, also provides exceptions to rights, Cardoso thinks, if all the basic protection of the human rights of criminals, the bill of rights will become America Dutch act of. Can say, this exception is reasonable.

[criminal interpretation of 6- lawyers right of investigation ways:] law since the implementation, never in Volume II investigation, so this year with the lawyers law consistent changes will be an important test. Students should pay attention to two points: first, three certificates range (prove their qualification certificate, certificate, units of the firm that entrusts the aid book or legal relationship with the case of letters), second, three kinds of crime should obtain the approval of the investigation organ meeting.

[criminal interpretation of 7- meeting time] "six authority": "lawyers to meet with the criminal suspect, shall arrange to meet in forty-eight hours, for the organization, leadership, to participate in the organization with underworld society nature, organization, brought guide, participation in terrorist organizations or the crime of smuggling crime, drug crime, the crime of corruption and bribery. The common crime case more than two persons of great complex,...... We should arrange the meeting in five days."

[7-] the meeting time criminal interpretation of "the people's Procuratorate rules of criminal procedure" 151st: "for no cases involving state secrets, lawyers meet with the criminal suspect in custody, the people's Procuratorate shall meet the specific time arrangement in forty-eight hours."

[time] criminal interpretation of 7- with the thirty-seventh the second paragraph: "defense lawyer to lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange to meet, not later than forty-eight hours."

[criminal interpretation of 7- meeting time] change: 1, delete the arranged with a case within 5 days, will be unified within 48 hours to arrange; 2, the "rules" in "high time" meeting is planned within 48 hours of the expression to "arrange for an interview within 48 hours".

[criminal interpretation of 7- meeting time] interpretation: 1, regardless of case situation, will be unified within 48 hours to arrange. 2, "high" rules "in 48 hours to arrange a specific time" will be "six authority" in "48 hours to see" the legislative intent, with a "arranged with time 48 hours" (according to the regulations, arranged to have the lawyers and suspects a few months later again is not illegal), the modified reiterated the legislation original meaning.

[7-] criminal interpretation meeting time inspection methods: here will appear, as an option is relatively simple, the classmates to remember 48 hours (not two days, because the time when the two period different) must see above can be.

[criminal interpretation of 8- met with the supervision method ninety-sixth]:"...... The lawyer meets with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present......."

[8-] criminal interpretation with supervision law thirty-seventh:"...... Defense lawyers met the suspect, the defendant is not to be monitored.

[criminal interpretation of 8- met with supervision] change: from the defense lawyers to meet with the criminal suspect, the defendant shall have the right to send staff to the scene investigation supervision, to not listen (meaning not present supervision).

[criminal interpretation of 8- met with supervision] interpretation: according to the old law, the investigation organ may send personnel to the presence of supervision, practice, evolved into the present supervision shall be sent, the parties are unable to speak one's mind freely, but can not reflect the illegal procedure, the new regulations may monitor (this is the international convention generally follow the minimum standard of the procedure justice, the investigators only in visible but inaudible ranges within the supervision), to ensuring the free flow of lawyers and the parties.

[8-] criminal interpretation with supervision inspection methods: will appear as an option. A relatively simple.

[criminal interpretation of 9- scoring range] the original criminal law thirty-sixth: "lawyers of the people's Procuratorate date, consult, extract, copy the file documents, technical identification of material, can meet with the criminal suspect in custody and communication."

[criminal interpretation of 9- scoring range] the thirty-eighth: "lawyers of the people's Procuratorate date, consult, extract, copy the file material."

[criminal interpretation of 9- scoring range] change: the scoring range from litigation documents and technical identification of material into the materials (including the testimony of witnesses, victims' statements, audio-visual materials and other types of evidence)

[interpretation of criminal interpretation of 9- scoring range]: according to the previous scoring range, testimony of witness, the statement of the victim, the suspect's confession and plea as evidence are not scoring range, defense lawyers did not dare take the initiative in card, also cannot pass examination to obtain information, greatly affected the defense effect. This change will be to expand the scope of marking the dossier, lawyers at least has made great progress in legislation.

[criminal interpretation of 9- scoring range] study way: Lawyer Law marking scope to the materials, but because it is the National People's Congress passed a law, so in practice were always refuse to apply, the Ministry of justice 08 years until now, never explored the law of reading right rules in Volume 2, stipulate the lawyer this was confirmed by the criminal procedure law, so the possibility is very large.

[criminal interpretation of 10- defendant marking the right] the law does not specify whether the defendant has the right to read.

[criminal interpretation of 10- marking the right of the defendant] thirty-seventh:"...... Since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence......."

[] marking the right of criminal defendant interpretation: Interpretation of 10- 1 defense lawyers could file by the suspect, the defendant reading, agreed with that: This is the embodiment of the right to know, but defense lawyers and defendants communication right righteousness, opponents think, the defendant will facilitate reading the confession, the amendment clarifies the defense lawyer may evidence to the suspect, the defendant to verify, established its marking the right to a certain extent.

[] marking the right of criminal defendant interpretation: Interpretation of 10- 2 in order to prevent the accused after scoring a confession, or accomplice into offensive and defensive alliance, influence of prosecution evidence system, legislation to the starting point of time the verification of evidence is limited to " transferred for examination before prosecution,", in the investigation stage not to verify the evidence. In addition, the legislation does not explicitly is to show original volume, or provide a summary or oral, "check" two characters need further explanation.

[] marking the right of criminal interpretation 10- the defendant investigation method: this knowledge will not inspected, will appear as an option. 1, only to the crime suspect, accused person verification, and not to the family of 2, only to verify; verify the transferred for examination before prosecution date, not in the investigation stage.

[criminal interpretation of 11- defense evidence] the fortieth: "the defending suspects were collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate."

[interpretation of criminal interpretation of 11- defense evidence]: with the expansion of the scope of lawyers, obligations also increases. Because lawyers can see the archives in the transferred for examination before prosecution date, some degree of avoid assault charges, the defense will the innocence and do not bear criminal responsibility of evidence informed in advance of the prosecution, but also avoid the need for RAID defense. This can be seen as a budding Chinese evidence discovery system.

[criminal interpretation of 11- defense evidence] study way: the test may be involved in which three types of evidence to inform the prosecution, the students can remember this: not guilty (not at the scene of the crime) and he shall not bear criminal responsibility (has not reached the age of criminal responsibility and the mental patient) evidence.

[criminal interpretation of 12- defendant's obligation] original method thirty-eighth: defense lawyers and other defenders, may help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to change their testimony or conduct other acts of interference proceedings of the judicial organs.

[criminal interpretation of 12- defendant's obligation] the forty-second: defense or to any other person, shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts disturbing judicial organs in litigation activities.

[criminal interpretation of 12- defendant's obligation] change: 1, the subject of obligation from the defenders to "defense or to any other person"; 2, change testimony was deleted.

[interpretation of criminal interpretation of 12- defendant's obligation]: the original law article thirty-eighth and article 306th of the criminal law echo each other at a distance, together constitute the occupation discrimination against defenders group. Criminal special settings to defend the perjury in the whole world, this also is very rare, and more likely to make false testimony of police and prosecutors, but no corresponding charges. The abolition of criminal law has 306 voices can be heard without end.

[criminal interpretation of 12- defendant's obligation] Reading 2: the changes will obligations extended to counsel and any other person, has strong pertinence, show that lawmakers have started to realize the unreasonable at 306, was finally abolished the 306 stage results. Secondly, delete "change testimony" statement, because not all "change testimony" act should be banned, only to change testimony against the facts (perjury) should be banned check.

[the criminal interpretation of 12- defendant's obligation]: This investigation may not change.

[criminal interpretation of 31- seventy-third designated residence residential surveillance] original method fifty-seventh first: "by the criminal suspect, defendant residential surveillance shall observe the following provisions: (a) without the approval of the organ executing shall not leave the place, no fixed residence, without approval shall not leave the designated residence;......"

[criminal interpretation of 31- designated residence residential surveillance]: "new residential surveillance shall be in...... Place of execution; no fixed residence, can be performed on the specified home. For the alleged crimes of endangering national security, terrorism crime crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, with the approval of a procuratorate or public security, can also be performed on the specified home. But not in custody, special case handling place execution."

[criminal interpretation of 31- designated residence residential surveillance]: specify the change of residence is not the creation of a new residential surveillance system, already exists, but only for no fixed abode people can take, but this amendment, increasing regulations, to endanger national security, terrorist activities, particularly great bribery three kinds of crime, even if there is a fixed residence as long as the residence, execution may hinder the investigation, can be specified to residential surveillance.

[criminal interpretation of 31- designated residence residential surveillance] Reading 1: this one was widely criticized, people worried about increased three kinds of crime can be unconditionally assigned to residential surveillance, originally aimed at members to adopt double measures, it can take on any arbitrary (citizens within the prescribed time -- 6 months residential surveillance, stipulated in the place -- designated residence). The personal freedom of citizens will be a major violation.

[criminal interpretation of 31- designated residence residential surveillance] Reading 2: lawmakers reason is, this three kinds of crime is special, and residence in the execution will cause the accomplice alert, flight or transfer, conceal, destroy evidence happen, so, can the designated home residential surveillance.

[criminal interpretation of 31- designated residence] Reading 3: even if it is "no fixed abode, can specify the residence" is not reasonable. Such as, Zhang San has a fixed residence in A, but in B District, suspected of a crime, the case handling organ B area can use no fixed place in B district and its designated residential surveillance? Moreover, the no fixed abode, rent or buy a house after being made permanent residence, whether can still continue to designated residential surveillance? All these need to be clear judicial interpretation.

[home] criminal interpretation of 31- specifies the investigation ways: in general, key, controversial provisions are not the people understand: the general case requires no fixed abode, can specify home residential surveillance, three special cases, have a fixed residence can also be designated residential surveillance, but not in the place of custody or the place, otherwise it is disguised custody.

[criminal interpretation of 32- residential surveillance notification of family] original method to residential surveillance designated place after notification of family issues not addressed, often appears in practice does not notify the family, relatives and family mistakenly thought of missing report happens.

[criminal interpretation of 32- residential surveillance notification of family] the seventy-third paragraph second: "the specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people."

[interpretation of criminal interpretation of 32- residential surveillance notification of family]: unable to notice, refers to the criminal suspect no family, the suspect, the defendant status, home address, means of communication can not find or according to its links mode can not contact, and because of natural disasters and other irresistible reasons cause communication, traffic disruption can't notice. But these are the judicial interpretation should be clear, otherwise it may by law enforcement personnel abuse.

[criminal interpretation of 32- residential surveillance notification of family] Reading 2: for unidentified suspects, defendants should first investigate the identity, not after the investigation directly to "can't notice" refused to notify the family.

[criminal interpretation of 32- residential surveillance notification of family] study: 1, applies only to the designated place of surveillance of residence, not suitable for residence in the implementation of residential surveillance; 2, only to not notice may not notice, not including "impede the investigation" situation; 3, must notify the family, without the unit.

[criminal interpretation of 33- residential surveillance to be shortened by] the seventy-fourth: "specified period residence residential surveillance shall be offset. Be sentenced to control, surveillance, the term is to be shortened by a day; sentenced to criminal detention, fixed-term, residential surveillance for two days to be shortened by one day."

[criminal interpretation of 33- residential surveillance to be shortened] interpretation: the original law does not provide for residential surveillance may be to be shortened, the revised provisions residential surveillance can be specified to be shortened, visible, the coercive measures in the degree of freedom restrict people with general residential surveillance, detention has characteristics similar to the. But from the point of view of theory, designated residential surveillance and detention exist difference, therefore designated residential surveillance for 2 days only allowance detention, prison for 1 days.

[criminal interpretation of 33- residential surveillance to be shortened by 2] explanation: in judicial practice, once the suspect is designated for residential surveillance, personal freedom has been deprived of custody, and is, therefore, the provisions of this ninety percent off against protection is not beneficial for the rights of the suspect, this is one of the reasons specified residential surveillance system for the battered.

[criminal interpretation of 33- residential surveillance to be shortened] survey: residential surveillance is the knowledge that must be tested for this year, which is calculated in this article allowance may be as an option on. The students should be so memory: 1, designated residential surveillance live is equivalent to half the custody state, so the specified monitor daily allowance a day, specified monitor two allowance detention and prison one day. 2, the term is to be shortened by calculation from the execution date, and the date of entry into force of non judgment.

[criminal interpretation of 34- residential surveillance duty] the original law fifty-seventh: "the monitored the suspect, the defendant shall comply with the following provisions: 1, without the approval of the organ executing shall not leave the place, no fixed residence, without approval shall not must leave the designated residence; 2, without approval may not be the executing organ to meet with others; 3, in the time to communications; 4, not to interfere in any form of witness; 5, not to destroy or falsify evidence, or collusion."

[criminal interpretation of 34- residential surveillance duty] the seventy-fifth: "by the criminal suspect, defendant residential surveillance shall observe the following provisions: (a) without the approval of the organ executing the implementation of residential surveillance shall not be allowed to leave the premises; (two) without the approval of the organ executing shall meet him or communication; (three) in communication the time in custody; (four) not to interfere in any form of witness;......

[criminal interpretation of 34- residential surveillance duty] (with a)...... (five) shall not destroy or falsify evidence, or collusion; (six) the passport and other travel documents, identity documents, documents, the executing organ preservation driving."

[criminal interpretation of 34- residential surveillance duty] change: 1, will not be allowed to leave the "home" or "home" wording to leave the premises; 2, increase without the approval of the organ executing the provisions shall not communication; 3, increase the provision "passport entry certificate, ID, driver's license to execute a organ preservation".

[criminal interpretation of 34- residential surveillance duty] interpretation: 1, no communication refers to communication with outside other people not living together family and hired a defender, in addition to correspondence, including email and phone SMS etc.. 2, the increase in China's crime to foreigners, the people of these residential surveillance to prevent their departure, the Chinese citizens crime to residential surveillance, also need to prevent their escape supervision, thus increasing the seized documents obligations.

[criminal interpretation of 34- residential surveillance duty] study: the effects of residential surveillance obligation may be great. The most likely proposition angle is compulsory bail review and comparison. 1, to leave the premises to the executing organ and not organ for approval, if the test decision residential surveillance, public security before approval, also should be decided to the consent of the organ. 2, shall not be allowed to leave the home counties is guaranteed obligations, shall not be allowed to leave the premises is monitoring obligations.

[criminal interpretation of 34- residential surveillance duty] study 2:3, released on bail pending trial, seize documents is selective obligations, does not have to take, in the residential surveillance, is must comply with the obligations; 4, the guaranteed pending trial, just for the passport and driving documents to executing organ preservation, residential surveillance increased ID for the latter, the scope of activities of small, do not need to carry ID.

[35-] violation of criminal interpretation process to residential surveillance duty in the second paragraph of the original act of fifty-seventh: "by the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious, he shall be arrested."

[35-] violation of criminal interpretation process to residential surveillance duty in the second paragraph of the seventy-fifth: "by the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious, can be arrested; need to be arrested, the suspect, the defendant to detention."

[35-] violation of criminal interpretation process to residential surveillance obligations of change: the violation of residential surveillance duty, where the circumstances are serious, shall be arrested, changed to "arrest, can also advance detention".

[35-] violation of criminal interpretation process to residential surveillance obligation of interpretation: 1, breach of duty if the circumstances are relatively minor, can continue to residential surveillance, if the circumstances are serious, be arrested. The reason the original law "should" to "can", is considering to increase a processing method of "custody"; 2, arrest need after a long time of examination and approval, therefore, in the arrest before allowing the custody, to play the same deprived of his freedom effect.

[criminal interpretation of 36- residential surveillance supervision during the seventy-sixth]: "executive organ of criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; during the investigation period, can monitor communication to residential surveillance the suspect."

[criminal interpretation of 36- monitoring of supervision] Residence: the rapid development of communication and network technology has greatly increased the difficulty of monitoring, some countries adopt electronic Bracelet monitor mode to strengthen surveillance, in China's community correction in also began to try a similar manner, the effect is very good, so set the rules. But as required by monitoring communication cracked crime, it must comply with the relevant provisions of technical investigation, strict examination and approval, means, object and time limit.

[criminal interpretation of 36- surveillance] live during the study way: a general understanding. Note, the communication of monitoring only for criminal suspects, not for the family.

[37-] the conditions of arrest criminal interpretation of original law sixtieth: "to have evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, and the arrest of the necessary, shall be immediately arrested according to law."

[37-] the conditions of arrest criminal interpretation of the seventy-ninth: "to have evidence to prove the facts of the crime, may be sentenced penalty above the suspect, the defendant, to take bail is still not enough to prevent the danger to the society, should be arrested: (a) may implement the new crime; (two) the reality danger endanger national security, public safety or public order;......

[37-] criminal interpretation of arrest conditions (continued)...... (three) may destroy or forge evidence, witnesses or collusion of the interference; (four) to the victims, informants, may take revenge against the implementation; (five) Dutch act or attempt to escape......

[37-] the conditions of arrest criminal interpretation of the seventy-ninth second, the 3 paragraph: "the evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or there is evidence to prove the facts of the crime, may be sentenced penalty above , once an intentional crime or unidentified, should be arrested. Was released, monitor the suspect, defendant breach of bail, residential surveillance shall, if the circumstances are serious, can be arrested."

[37-] criminal interpretation of arrest conditions change: 1, the conditions of arrest of the "social risk" to be refined, listed 5 cases; 2, added two arrest situation -- there is evidence to prove the facts of the crime, may be sentenced to ten years penalty and there is evidence that a crime fact, be sentenced to penalty above, had an intentional crime or unknown "; 3, increase can arrest situations: breach of bail or monitoring regulations, if the circumstances are serious.

[37-] the conditions of arrest criminal interpretation of interpretation: the original method of the conditions of arrest for "there is evidence to prove the facts of the crime (evidence condition), may be sentenced penalty above (the penalty condition) and take bail or monitoring, not enough to prevent the danger to society, thus necessitating arrest (necessary conditions), but" the necessity of the conditions is not clearly defined, leading to different standards of fuzzy wording, operation in practice, the conditions of arrest master too strict,

[37-] the conditions of arrest criminal interpretation does not arrest the arrest, the public security was forced to residential surveillance custody in disguised form, or the extension of the period of detention to arrest the generation. In addition, some places on the offence is a minor or a social danger is very small suspects and arresting action, there should be sentenced to prison in the short period of detention, the court finally sentenced to how long how long, therefore, the necessity conditions, the social risk fine for five cases.

[criminal interpretation of 37- conditions of arrest] in fact, the two should be arrested in the case of second paragraph, it can be understood as the refinement of the social risk conditions, such as "may be sentenced to ten years in prison, the" presumption of its serious social harmfulness, and "once an intentional crime or identity unknown", also can be estimated with more serious social danger.

[37-] the conditions of arrest criminal interpretation of study: this change will have multiple choice. Students need attention: 1, five kinds of social harmfulness, no memory, only need to grasp the law; two 2, second presumption required to have social harmfulness situation must be kept in mind; 3, pay attention to meet the above situation is "should" arrest, and breach of bail or monitoring shall, if the circumstances are serious, is "to" arrest.

[notice] criminal interpretation of 38- detained after the original article sixty-fourth paragraph second: "detention, in addition to hinder the investigation or not notice, shall give the reasons for detention and the place, in twenty-four hours, notify the detainee's family or the unit to which he belongs."

[notice] criminal interpretation of 38- detained after the eighty-third paragraph second: "arrest, the detainee shall immediately send the detention center custody, not later than 24 hours. In addition to not notice or suspected of endangering State security committed crime, crime of terrorist activities notice may impede the investigation situation, should be in detention within 24 hours after notification, the detainee's family. After the investigation situation to disappear, it shall immediately notify the detainee's family."

[notice] criminal interpretation of 38- detained after the change: 1, requirement detained immediately sent to detention center; 2, will hinder the investigation not notice is defined as a crime of endangering national security or terrorism crimes; 3, will inform the range from "family or unit" to "family"; 4 would hinder the investigation situation, disappeared, immediately notify the detainee's family.

[notice] interpretation of criminal interpretation of 38- after the detention: 1, immediately sent to jail because the practice often be held in other places. The detention center as a formal places of detention, detain, return, security, monitoring of the supervision and have more requirements, is conducive to the protection of suspects and prevent the escape. Not later than 24 hours, because sometimes detained from the distant, or detained after spot identify, assist captured accomplice.

[notice] interpretation of criminal interpretation of 38- after the detention: 2, the original law cannot notice or hinder the investigation can not notify the family or unit, but hinder the investigation is a completely subjective standard, very easy to be free solution release as not to notice excuse, therefore, this will hinder the investigation not notice the case strictly defines the crime in the crime of endangering national security and terrorism this two kinds of situations, reduce the scope of the case without notice.

[notice] interpretation of criminal interpretation of 38- after the detention: 3, the original law under normal circumstances, arrest should be family "or" unit notice, but in practice, because of "or" the selectivity, therefore often family members have no the receipt of such notice, the case handling organ that has already informed the unit, while the unit has not received the notice, and inform the families, mutually making excuses to wrangle, the clear provisions must notify the family, delete the provisions of circular units.

[notice] interpretation of criminal interpretation of 38- after the detention: 4, increase provisions, would hinder the investigation situation disappears, it shall notify the family members. It is further limited to impede the investigation for reasons not notify the family of the conditions, to avoid the abuse of this provision by free detainees secret missing. So, to hinder investigation for two layer is equal to the limit: one is the alleged offense, two cases disappeared after must immediately notify the family.

[notice] criminal interpretation of 38- detained after the study way: This article examines the possibility is larger, the students in addition to the four main points in mind change, also need to pay attention to, after 24 hours of detention of 3: 1, the latest in the detention within 24 hours after delivery of detention; 2, should generally be in the notice the families of 24 hours after detention detention; 3, should be carried out after 24 hours of interrogation.

[criminal interpretation of 39- review of arrest interrogation] the eighty-sixth paragraph first: "a people's Procuratorate for examination and approval of arrest, can ask the criminal suspect; in any of the following circumstances, it shall interrogate the criminal suspect: (a) have doubts about whether it meets the conditions for arrest; (two) the criminal suspect asked prosecutors to statement; (three) the investigation may have serious illegal act."

[interpretation of criminal interpretation of 39- review of arrest interrogation]: procuratorate review of arrest, is often written examination, in recent years, some places began to direct the interrogation of criminal suspects, verify the facts, clarify the evidence. The rise to the official in the criminal procedure law.

[criminal interpretation of 39- review of arrest interrogation] study: investigation may be larger, more. In fact, to develop joint in 2010 by the Supreme People's Procuratorate and the Ministry of public security "on the stage of the interrogation of criminal suspects arrested regulations" provisions shall interrogate some cases, is the last of the new sites, students should learn the content in August, should not be raised before memory.

[criminal interpretation of 39- review of arrest interrogation] the eighty-sixth paragraph second: "a people's Procuratorate for examination and approval of arrest, may question the witnesses and other participants in the proceedings, to listen to the views of the defense lawyer; lawyer requested shall listen to the opinions, defense lawyer."

[criminal interpretation of 39- review of arrest interrogation] investigation method: for legal advice is "can" listen to, but if the lawyer asked, "should" listen to.

[notice] criminal interpretation of 40- arrested after the original article seventy-first paragraph second: "after the arrest, in addition to hinder the investigation or not notice, should put the reasons and detain arrested the premises, within 24 hours to inform the family of the arrested person or the unit to which he belongs."

[notice] criminal interpretation of 40- after the arrest of the ninety-first the second paragraph: "after the arrest, it shall immediately be arrested for custody. In addition to not notice shall, within 24 hours after the arrest, notify the family of the arrested person."

[notice] after the arrest of criminal interpretation of 40- changes: 1, increase the provisions will be immediately arrested people send house of detention; 2, delete would hinder the investigation may not notice; 3, delete notification unit duty, must notify the family.

[notice] criminal interpretation of 40- arrested after reading: 1, the requirements of arrested immediately sent to detention center, in order to prevent the detention in other places, and the detention center custody, hearing, security, surveillance, supervision system is more perfect, to prevent the occurrence of extortion by torture and escape Dutch act etc..

[notice] criminal interpretation of 40- after the arrest, detention or interpretation: 2 should be sent to jail in 24 hours after the arrest, and should be immediately sent to the detention center, the reason is: arrest may need to assist in the collection of evidence, captured in crime, and to take the measure of arrest, had mastered the necessary evidence, generally do not have the urgency, but most were arrested suspects had been arrested, detained in prison, there is no need to set long time.

[notice] criminal interpretation of 40- after the arrest and detention of: 3, different, the investigation organ for approval of arrest, the case has been the investigation for a long period of time, the suspect often have been detained for a certain period of time, a considerable part of the investigation work has been completed, will be informed of their families, generally will not obstruct the investigation.

[notice] criminal interpretation of 40- arrested after reading: 4, delete to notify the unit, retaining only inform the family, in order to prevent prevarication. Since then, as long as their families are not informed, is illegal, but not to inform the unit for reason.

[notice] criminal interpretation of 40- arrested after investigation method: pay attention to contrast the arrest and detention of relevant content. 1, detention should be immediately sent to jail, not later than 24 hours after the arrest, and should be immediately sent to the detention center. 2, detention: in addition to not notice or suspected of crimes of endangering national security, terrorist activity crime notification would hinder the investigation of possible situation, should inform the family, was arrested except can not notice, shall notify the family.

[criminal interpretation of 41- arrested shall custody to unscramble review]: with the development of litigation to change, the conditions of arrest may also change, such as case crime amount are reduced, affect the estimate may be sentenced to a punishment, the danger to the society may have been excluded, so the need for timely review of detention, necessity, lower the rate of custody.

[criminal interpretation of 41- arrested shall custody to review] investigation ways: as an option to be inspected, 1, found that should not remain in custody, "shall" suggestions "release" or "change" coercive measures (such as to bail); 3, the relevant authorities shall, within ten days of the "" will notify the people's procuratorate.

[subject] criminal interpretation of 42- for compulsory measures to change the original method fifty-second: "the criminal suspect in custody, the defendant and his agent ad litem, near relatives shall have the right to apply for bail."

[subject] criminal interpretation of 42- for compulsory measures the change law of ninety-fifth: "the suspect, the defendant or his legal representative, close relative or lawyer shall have the right to apply for alteration of the compulsory measures. Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval."

[subject] criminal interpretation of 42- for compulsory measures change changes: 1, in the application of the body increases the defender (the original law ninety-sixth has this provision, the absorption to paragraph); 2, the application for bail modify compulsory measures for application, expanding the application scope, increase 3; the authorities handling procedures to apply for the.

[] interpretation of the main criminal interpretation of 42- for compulsory measures change: 1, the changes in the strict conditions for arrest at the application of coercive measures (such as from arrest to bail or monitoring) right from two aspects, that lower the rate of custody; 2, the original method in 96 suspects are the arrest, the appointed lawyer may apply for bail for the absorption of this article, to increase the application, subject; 3, increase the processing program is to prevent muddle with one's duty.

[subject] criminal interpretation of 42- for compulsory measures change study way: value the law examination greatly, in the law of criminal procedure, has always been subject to various procedural rights is the focus of attention. Students need to focus on the subject has the right to apply for compulsory measures to change, especially the defenders. This year is likely to be around the defendant's right to a multiple choice.

[] forced change criminal interpretation of 43- arrested the original law seventy-fourth: "the suspect, the defendant in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, require continued investigation, trial, the criminal suspect, the defendant can bail or residential surveillance."

[] forced change criminal interpretation of 43- arrested the ninety-sixth: "the suspect, the defendant in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, the suspect, the defendant shall release; need to continue to verify, hearing, the suspect, the defendant can bail or residential surveillance."

[] forced change criminal interpretation of 43- arrest changes: an increase in the time limit cannot be completed within the stipulated time to release the suspect, the defendant.

[interpretation] forced change criminal interpretation of 43- arrest: in practice, the term still remain in custody of criminal suspects, defendants, which emerge in an endless stream of extended custody phenomenon, or change to bail or residential surveillance live, and the guarantor or monitoring time is not included in the term, lead to a lot of delay of cases, in order to to solve this problem, this increase provisions, as long as the expiration of the period, in principle should be immediately put.

[] forced change criminal interpretation of 43- arrest inspection: 1, deadline expires, he shall be released immediately; 2, only need to verify, hearing, can only be guaranteed monitoring; 3, can be guaranteed to monitor, rather than shall. It can be understood as may be released surveillance, also can not be guaranteed surveillance and remain in custody? Whether or not. Can only be understood as can be guaranteed, but also can monitor. Choose between them. But it can not understand can remain in custody.