The provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, the people's Procuratorate, the judicial department (bureau), the Xinjiang Uygur Autonomous Region production and Construction Corps Branch of the higher people's court, the people's Procuratorate of Xinjiang production and construction corps:
In order to safeguard the legitimate rights and interests of the criminal defendant, ensure judicial justice, improve the quality and efficiency of criminal case, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of Justice jointly formulated the "on the application of ordinary procedure" defendant confession cases (for Trial Implementation) "see" and "several opinions on the application of simple procedure a case of public prosecution,". These two documents issued to you, please follow carefully. Implementation should pay attention to the following three questions:
A full understanding of , implementing the important execution of these two files. The defendant confession cases trial procedure simplification of trial mode, fully apply summary procedure, solve the trial the focus is not prominent, trial quality and efficiency is not high, to strengthen the function of the court, ensure judicial justice. This is in recent years is a deepening of adversary procedure reform foundation, has important significance for improving the criminal litigation system of china. The people's court, the people's procuratorates at all levels and the judicial department (bureau) to strengthen these two documents study, publicity, further unify their thinking and understanding, these two documents implementation as a key task in the criminal trial reform of current, a really good job.
two, strengthen organizational leadership and coordination, in a planned, step by step to carry out the trial. The people's court, the people's procuratorates at all levels and the judicial department (bureau) according to the "must actively, but also safe" principle, work closely with the reality of all, put forward opinions. To still do not have the implementation of local conditions, can be the first pilot, and then gradually carried out, not to engage in "make it rigidly uniform", simple approach, to prevent the deviation in the implementation, safeguard judicial justice and efficiency.
three, summarize the experience, to promote the trial mode reform. As an important measure to deepen the reform of criminal trial, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of justice will based on summing up experience, will be further revised, perfect "several opinions about the ordinary procedure for trial" defendant confession cases "(for Trial Implementation)". Therefore, all localities should in the implementation of the two documents, pay attention to summing up the experience, problems in the implementation to report in a timely manner, and put forward opinions and suggestions for improvement, in order to promote the continuous improvement of the system of criminal litigation.

Supreme People's court
The Supreme People's Procuratorate
The Ministry of Justice
Two 00 three years in March 14th



The Supreme People's court, the Supreme People's Procuratorate, the Ministry of justice, a
Apply the ordinary procedure "several opinions defendant confession cases" (for Trial Implementation)

In order to improve the quality and efficiency of the trial of criminal cases, according to the "criminal procedural law" the regulation of the people's Republic of China criminal litigation, combined with actual work, the enactment of this opinion.
Article 1 the defendant was accused of the basic criminal facts without objection, and voluntary guilty of first instance cases of public prosecution, the court generally applicable.
For the accused the defendant committed several crimes cases, to the defendant guilty part, can be suitable to this opinion trial.
Article second the following case does not apply in this opinion trial:
1, the defendant is blind, deaf, dumb people;
2, may be sentenced to death;
3, the foreigner crime;
4, there are significant social impact;
5, the defendant pleaded guilty but the review that may not constitute a crime;
6, in a case of joint crime, the defendant not guilty or not to agree to apply the views of trial;
7, the other is not appropriate for the case of the opinion.
Article third the people's Procuratorate that comply with the applicable of the views of court cases, can be in the prosecution written proposal for the trial court opinions.
The people's Procuratorate did not apply in cases of public prosecution of the views of the trial, after review the people's court may apply to the court shall solicit the opinions, the people's Procuratorate, the defendant and the opinions of the defender. The people's Procuratorate, the defendant and lawyer agreed, the applicability of this opinion trial.
Fourth People's court in the trial of cases determines the applicable advice before, should be to the defendant made it clear that the provisions of the relevant laws applicable to the trial, confession and opinions of legal consequences which may result, confirm the defendant voluntarily agree to apply the views of trial.
The Fifth People's court for the views of court cases against the decision, shall notify the people's Procuratorate, the defendant and lawyer.
Article sixth for the application of this opinion decided to hear the case, the people's court may scoring before the court.
Seventh cases of the opinions of the trial, the collegial panel shall be an indictment in the prosecutor read, ask the opinion of the facts of the crime and the crime accused the defendant, to verify whether the voluntary confession and agree to apply these ideas to trial, whether they know the legal consequences which may result to plead guilty. If the defendant voluntarily pleaded guilty and agree to apply the opinions of the court, can make the following simplifying the specific mode of trial:
(a) the defendant can no longer be confession indictment alleged criminal facts.
(two) the public prosecutor, the defender, the judicial personnel of interrogating the accused, questions can be simplified or omitted.
(three) both sides of undisputed evidence, can only explain the evidence and the name of the event proved. The collegial panel confirmed by the public prosecutor, defendant, counsel without objection, the court can be authenticated.
The collegial panel considers it necessary to investigate and verify the evidence, the prosecution and the defense evidence have objection, or prosecution, requests for show, presented the evidence, shall produce, read, and conduct cross examination.
(four) both sides mainly determine charges, sentencing and other contentious issues to debate.
Article eighth the application of this idea to hear the case, shall strictly implement the basic principle and process of the criminal procedure law, do indeed make clear facts, evidence, to guarantee the rights of the defendants.
The Ninth People's Court on the defendant voluntarily pleaded guilty, as appropriate, be given a lighter punishment.
Tenth cases of the views of hearing, the people's court sentencing court.
Article eleventh the application of this opinion trial process, found that do not conform to the provisions of views the situation, the people's court shall decide not to apply the views of trial.
Article twelfth the comments on trial since two hundred three years since March 14th.




The Supreme People's court, the Supreme People's Procuratorate, the Ministry of Justice
Some opinions about application of simple procedure in public prosecution case

In order to apply summary procedure, improve the quality and efficiency of the trial of criminal cases, "according to the provisions of the criminal procedure law of the people's Republic of China", the enactment of this opinion.
Article 1 for the public prosecution case is under any of the following circumstances, may apply summary procedure:
(a) the facts are clear, the evidence is sufficient;
(two) the defendant and lawyer of accused the basic criminal facts without objection;
(three) according to the law may be sentenced to three years in prison, detention, public surveillance or punishment.
Article second has one of the following cases of public prosecution, not for summary trial:
(a) the common crime case more complex;
(two) the defendant, defendants pleaded not guilty;
(three) the defendant is blind, deaf, dumb people;
(four) other summary procedure is not appropriate for the trial of cases.
Article third the people's Procuratorate suggests the summary procedure is applicable, shall be made to the summary procedure applies "proposal", in the prosecution, together with the entire case file, the evidence material, together with the bill of indictment to the people's court.
The people's court in the consent of the accused, defendant consent to apply summary procedure, summary procedure applies shall make a "decision", people's Procuratorate, the defendant and lawyer before a court.
The people's court should not think that the summary procedure is applied in accordance with the law, it shall notify the people's Procuratorate and writing, the entire case file and evidence to the people's procuratorate.
Article fourth the people's Procuratorate public prosecution for not recommended to apply summary procedure, the people's court that after examination may apply summary procedure, the people's Procuratorate and the defendant shall solicit the opinions of the defender. The people's Procuratorate agreed and transferred to the entire case file and evidence materials after the trial, the summary procedure is applied.
The decision of the people's court to apply summary procedure, summary procedure applies shall make a "decision", people's Procuratorate, the defendant and lawyer before a court.
Public prosecution case fifth applies the summary procedure, the people's court shall, before the court hearing time, place respectively, notify the people's Procuratorate, the defendant, defense and other participants in the proceedings.
Notifications can be easy to use, but should be recorded in the rolls.
Sixth where the summary procedure applies to a case of public prosecution that is tried in public security organs, people's Procuratorate the case on file for investigation, as well as other people's Procuratorate deems it necessary to send personnel to the court case, the people's procuratorates can not send its personnel to the court.
Public prosecution case seventh applies the summary procedure, the judge announced the court, the defendant in court after transfer, shall find out the basic situation of the accused, and then announce the cause of action, the single judge, clerk, the public prosecutor, the victim, the defenders and agents ad litem, and the interpreter, and inform the litigation rights.
The single judge shall opinion on the interrogation of a defendant, whether voluntarily pleaded guilty, and inform the relevant legal provisions and legal consequences may cause; the defendant and counsel can defend indictment alleged crime.
The defendant has the right to present a final statement.
The defendant voluntarily pleaded guilty, and the facts of the crime accused without objection, the court may directly make a guilty verdict.
Article eighth for the public prosecution cases in which summary procedure is applied, the people's court in court, and the decision within five days of receipt of the defendant and the people's procuratorate.
The Ninth People's Court on the defendant voluntarily pleaded guilty, as appropriate, be given a lighter punishment.
Article tenth the people's court in the summary procedure applies to a case of public prosecution, found in any of the following circumstances, should be simple procedures for re trial procedure:
(a) the defendant's conduct did not constitute a crime;
(two) the defendant should be sentenced to three years in prison punishment;
(three) the defendant in court to prosecute the facts of the crime accused denied;
(four) the fact is unclear or the evidence is insufficient;
(five) other summary procedure is not appropriate for the trial of cases.
The people's Procuratorate fails to appear in court, the people's court shall notify the people's Procuratorate of the decision in writing.
Article eleventh converted to ordinary procedure to reopen a case of public prosecution, the people's court shall within three days of the entire case file and evidence to the people's procuratorate.
The people's Procuratorate shall, upon receipt of such materials after five days according to the legal requirements of ordinary procedure of public prosecution case, shall be transferred to the relevant materials to the people's court.