The Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security on the strict

The implementation of the criminal procedure law, effectively preventing overtime detainment rectification notice

[date] Promulgated by 2003-11-12

[] 2003-11-12 the implementation date

[date]

[] the Supreme People's Court promulgated by the Supreme People's Procuratorate, the Ministry of public security

[text]

   The Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security on the strict implementation of the criminal procedure law, effectively preventing and correcting extended detention notification No. [2003]163 provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, the people's Procuratorate, public security department (Bureau), PLA military court, military procuratorates, the General Political Department of the security department at present, extended detention is not in many parts of the country have been effectively curbed, "added" super ", while" super "," and never "phenomenon still continue to occur, the masses are strongly. The people's court, the people's procuratorates and the public security organs shall adhere to the important thought of "Three Represents" as guidance, adhere to the work of justice for the people, the strict implementation of the relevant provisions of the criminal procedure law, improve the quality and efficiency of criminal case, maintain the fair image people's court, people's Procuratorate and the public security organs, resolutely correct and prevent the phenomenon of overdue custody, respect and protect the suspect, the defendant's legitimate rights and interests. The relevant issues are hereby notified as follows a, further rectify the law enforcement idea, firmly establish the substantive law and the procedural law pay equal attention to, the fight against crime and the protection of human right idea of criminal proceedings. A socialist judicial system must guarantee fairness and justice in the whole society. The people's court, the people's procuratorates and the public security organs in accordance with the law of criminal procedure, not only to punish crime, maintaining social stability, but also to respect and guarantee human rights, respect for and protection of the crime suspect, accused person's legitimate rights and interests in accordance with the law, is the organic unity of punishing crime and protecting human rights according to law. Any person who, before the people's court to sentence, shall be found guilty. At each stage of investigation, prosecution, trial, we must always adhere to the proceedings according to law, conscientiously abide by the provisions on the crime suspect, defendant in custody period of the criminal procedure law, and resolutely overcome the heavy entity, light procedure, blow, light protection of wrong ideas, to avoid the ultra time custody and infringe the suspect, the accused person lawful equity phenomenon. 　

Two, strictly apply the provisions on the crime suspect, defendant in custody period of the criminal procedure law, it is strictly prohibited to extend the period of detention. The suspect, the accused in custody, the people's court, the people's procuratorates and the public security organs at different stages of criminal proceedings, to apply for a timely manner and procedures. In the investigation stage, must strictly abide by the provisions of the detention, arrest custody period; criminal suspects were arrested, the need to extend the detention period, shall be in conformity with the law of criminal procedure 124th, 126th or 127th article of the cases, and shall be subject to the people's Procuratorate at a higher level or of the provinces, autonomous regions, municipalities directly under the central government, the people's Procuratorate the approval or decision. Arrest stage and stage of review and prosecution in the review, the people's Procuratorate shall make a decision within the statutory time limit. At the trial, the people's court shall strictly abide by the provisions on the trial period of the criminal procedure law; the need to extend the one month trial period, should be one of 126th case belongs to the criminal procedure law provisions, and shall be subject to the provinces, autonomous regions, municipalities directly under the central government, senior people's court approval or decision.

Where inconsistent with the criminal procedure law on the recalculation of the suspect, defendant in custody time limit provisions, shall be re calculated period of detention. Prohibit the abuse of supplemental investigation, prosecution to withdraw, change of jurisdiction in the form of extended detention of criminal suspects, defendants.

Three, the criminal procedure law on bail, residential surveillance shall. The people's court, the people's procuratorates and the public security organs in the coercive measures of criminal suspects, defendants, who meet the guaranteed pending trial, conjunctive monitoring living conditions, shall take bail, residential surveillance. To have custody of criminal suspects and defendants, release, immediately in its legal custody period expired must, such as investigation, prosecution, trial activities has not yet been completed, need to verify, hearing, according to the law change coercive measures to bail or residential surveillance, give full play to the bail, the two mandatory residential surveillance action, do hold the Uniform Crime and safeguard the legitimate rights and interests of the criminal suspect, the defendant.
Four, adhere to the case, apply the law correctly, guilty prosecuted, resolutely put innocent people, the people's court, the people's procuratorates and the public security organs in the criminal proceedings, to the division of responsibilities, cooperate with each other, mutual constraints, according to the law, to avoid the phenomenon of extended custody. In the investigation, prosecution, trial and so on each stage of the proceedings, who found the suspect, the defendant should not or need not be investigated for criminal responsibility according to law, it shall revoke the case, or not to prosecute, or termination of the trial, or declared innocent. The people's Procuratorate, the public security organs should strictly implement the provisions concerning detention, arrest conditions of the criminal procedure law, the firm does not meet the requirements or not, the request for approval of arrest or decides not to approve arrest. The people's Procuratorate for supplementary investigation after two times or in the trial stage and suggestions for supplementary investigation by decision of a people's court adjourn the trial case, is no longer the case to the public security organ for supplementary investigation; after two times, still insufficient evidence, do not meet the conditions of prosecution cases, to make the decision not to initiate a prosecution according to law. The public security organs shall strengthen the management of the case handling organ in a timely manner, inform the extended custody situation. The people's court to the people's Procuratorate prosecution cases, after hearing, that the lack of evidence, not the defendant is guilty, according to a lack of evidence, the crime accused cannot be established the not guilty verdict. The people's Court of second instance after the hearing, the facts are not clear or the evidence is insufficient cases, only a rescind the original judgment, remanded by the people's court re trial; for after verification, only part of the criminal facts are clear, well-documented case, only on the part of crimes identified and convicted for verification; later, still unclear facts or the lack of evidence of the case, according to a lack of evidence, the crime accused cannot be established the not guilty verdict, and shall not delay uncertainty, has not sentenced.
Five, the strict implementation of the accountability system of extended custody. Infringe the suspect, the defendant's legitimate rights and interests of extended detention, harm judicial justice, which must be seriously dealt with, never palliative. After the publication of this notice, in violation of the criminal procedure law and the provisions of this notice, cause the criminal suspects and defendants, extended detention, the directly responsible person in charge and other directly responsible personnel, by the unit or higher authorities according to the relevant provisions of administrative or disciplinary action; cause of criminal suspects and defendants, extended custody and, if the circumstances are serious, the persons directly in charge and the other persons directly responsible in accordance with the provisions of article 397th of the criminal law, the crime of breach of privilege, to be forgetful of one's duties or be subject to criminal liability.
Six, for the major, difficult and complex cases, cases involving foreigners, the law applicable to new types of cases and cases endangering State security concerns, and the times of the NPC Standing Committee should please make legislative interpretation or the Supreme People's court, the Supreme People's Procuratorate to make judicial interpretation.
The implementation of this notice, please promptly report the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security.
The Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security

                                     Two hundred three years in November 12th