[reprint] compared old and new Criminal Procedure Law (three)

 

Article 159th: in the case of the investigation before the end of,DefendLawyerRequest, the investigation organ shall listen to the opinions of the defenseLawyerOpinions, and record.DefendLawyerMake comments in writing, shall be attached.

Article 133rd The people's Procuratorate custody in a case directly accepted by the people, shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate. The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance

Article 164th, The people's Procuratorate custody in a case directly accepted by the people,Should be in detention after twenty-four hours of interrogation. In that time shall not be detained,Must immediately release, issued a release certificate.

Article 134th The people's Procuratorate custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within ten days. Under special circumstances, a decision to arrest time can be extended by one to four days. The arrest is not necessary, he shall be released immediately; if further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

Article 165th, The people's Procuratorate custody in a case directly accepted by the people, deems it necessary to arrest, it shallWithin fourteen daysMake a decision. 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.

Article 139th The people's Procuratorate to examine the case, shall interrogate the criminal suspect, to listen to the victims and criminal suspects, the entrusted people's opinion.

Article 170th, amended as:"The people's Procuratorate to examine the case, it shall interrogate the criminal suspect,Listen to the counselThe victim and his agent ad litem, opinions, and record.The defender, the victim and his litigation representative put forward written opinions, shall be attached.

Article 140th The people's Procuratorate to examine the case, may request the public security organ to provide the evidence necessary for trial in court.
The people's Procuratorate to examine the case, the need for supplementary investigation, the public security organ may be returned for supplementary investigation, or conduct the investigation itself.
For supplementary investigation cases, shall complete the supplementary investigation within one month. Supplementary investigation is limited to two times. Supplementary investigation is completed and transferred to the people's Procuratorate, the people's Procuratorate to calculate the time limit for examination and prosecution.
The case for supplementary investigation, the people's Procuratorate still believes that the evidence is insufficient, does not meet the prosecution condition, may decide not to initiate a prosecution.

Article 171st  The people's Procuratorate to examine the case, may request the public security organ to provide the evidence necessary for trial in court; it may be the fifty-fourth article of this law to illegal methods to collect evidence, canTo demand the legitimacy of evidence collectionExplain.

The people's Procuratorate to examine the case, the need for supplementary investigation, the public security organ may be returned for supplementary investigation, or conduct the investigation itself.
For supplementary investigation cases, shall complete the supplementary investigation within one month. Supplementary investigation is limited to two times. Supplementary investigation is completed and transferred to the people's Procuratorate, the people's Procuratorate to calculate the time limit for examination and prosecution
For the two time the supplementary investigation cases, the people's Procuratorate still believes that the evidence is insufficient, do not meetThe conditions of prosecution, shall make a decision not to initiate a prosecution.

Article 141st The 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.

Article 172nd, amended as:"The 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."

Article 142nd The suspect is one of the fifteenth article of the cases, the people's Procuratorate shall make a decision not to initiate a prosecution.
For minor crimes, in accordance with theThe criminal lawShall not be given criminal 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 the case, it shall at the same time during the period of investigation, the lifting of the seizure, freezing and frozen property. 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.

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

For minor crimes, in accordance with theThe criminal lawShall not be given criminal 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 at the same timeInvestigation of attachment, seizure, freezing the property, seizure, freezing lifting attachment. 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.

Article 150th The people's court for prosecution review, for the indictment with clear criminal facts and with the list of evidence, witness list and photocopies or photographs of major evidence, it shall decide the trial.

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

Article 151st The people's court has decided to open a court session, it shall proceed with the following work:
(a) determine the members of the collegial panel;
(two) the people's Procuratorate indictment copy in ten days before the opening on the defendant. If the defendant has not appointed a defender, inform the defendant may entrust a defender, or when necessary, designate a legal aid obligationsLawyerProvide justification for the;
(three) the time hearing, in three days before the opening of notice of the people's procuratorate;
(four) to summon the parties, notify the defender, agent ad litem, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of;
(five) the open trial case, the pre release, the name of the accused, time and location of the court session three days before opening of the court session.
These activities shall be entered in the records, by the judges and the court clerk signature.

Article 182nd, "The people's court has decided to open a court session, it shall determine the members of the collegial panel, the people's Procuratorate indictment copy at the latest within ten days before the court sessionOn the defendant and his counsel.

In court, prosecutors, judges may convene the parties and the defender, agent ad litem, the challenge, the witness list, exclusion of illegal evidence and trial related problems, understand the situation, listen to the views of.
The people's court shall determine the date of the hearing, the hearing time, place to summon the litigants, notify the people's Procuratorate, notify the defender, agent ad litem, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of. The open trial, the defendant shall announce, name, time and location of the court session three days before opening of the court session.
These activities shall be entered in the records, by the judges and the court clerk signature."

Article 152nd The people's Court of first instance shall be heard in public. But involving state secrets or personal privacy case, not a public hearing.
Above fourteen years of age under the age of sixteen cases involving crimes committed by minors, are not tried publicly. Above sixteen years of age under the age of eighteen cases involving crimes committed by minors, the general is not a public hearing.
For non public hearing of the case, shall not be heard in public reason announced in court.

Article 183rd  The people's Court of first instance shall be heard in public. But theState secrets or personal privacyOne, not a public hearing;And commercial secretPiece,If the parties apply forNot a public hearing, can not be heard in public.
No public hearing of the case, it shall not be heard in public reason announced in court.

Article 153rd The people's court in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution, but in accordance with the provisions of law 175th of the application of summary procedure, the people's Procuratorate may send no procurators to the court.

Article 184th  The people's court in cases of public prosecution, the people's ProcuratorateShould be sentTo appear in court to support the public prosecution.

 

Article 187th the 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 188th notified by the court, 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.

Article 159th During a court hearing, the parties and the defenders and agents ad litem, shall have the right to request new witnesses, obtain new material evidence, to apply for re identification or inspection.
The court for the above application, shall make a decision whether to consent.

Article 192nd  During a court hearing, the parties and the defenders and agents ad litem, shall have the right to request new witnesses, obtain new material evidence, to apply for re identification or inspection.
The publicV. people, parties and the defender, agent ad litem may apply forThe court notice with specialized knowledge in expert opinions, suggestions are made of identification of the.

The court for the above application, shall make a decision whether to consent.
The second paragraph of the specialized knowledge appearing in court, the relevant rules applies the appraiserSet.

Article 160th With the permission of the presiding judge, the public prosecutor, the defender, agent ad litem and comments on the evidence and the case and may debate with each other. The judge declared after the end of the debate, the defendant shall have the right to present a final statement.

Article 193rd  During a court hearing, the conviction and sentencing, on the facts, evidence should be investigated, debate.
With the permission of the presiding judge, the public prosecutor, the defender, agent ad litem and comments on the evidence and the case and may debate with each other.
The judge declared after the end of the debate, the defendant shall have the right to present a final statement.

Article 163rd Upon 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.

Article 196th  Upon 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 judgment,Should be announced 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.

Article 164th The judgment shall be signed by the members of the collegial panel and the court clerk, and specify the time limit for appeal and the court of appeals.

Article 197th The judgment shall be signed by the judicial officers and the court clerk, and specify the time limit for appeal and the court of appeals.

Article 165th During 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 parties apply for withdrawal trial cannot proceed.

198th, during 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.

 

Article 200th: in the trial process, any of the following circumstances, the case can not continue for a long time trial, may suspend the trial:
(a) the defendant who is suffering from a serious disease, unable to appear in court;
(two) the defendant escape;
(three) the private prosecutor who is suffering from a serious disease, unable to appear in court, did not entrust an agent ad litem in court;
(four) due to irresistible.
Suspend disappear trial after the reasons, it shall resume the hearing. To suspend the trial period are not included in the trial period."

Article 168th The people's court shall accept the case of public prosecution, within one month after the sentence, not later than one month and a half. The act of 126th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month.
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.

 

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."

Article 172nd The 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 170th cases.

Article 206th, amended as:"The 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.
The people's court private prosecution deadline, the accused in custody, this Law shall apply to the first paragraph of article 202nd, paragraph second; not in custody, should be accepted within six months of sentencing."

Article 174th The people's court for the following cases, may apply summary procedure, tried by a single judge:
(a) according to the law may be sentenced to three years in prison, detention, control, single punishment in cases of public prosecution of gold, the facts are clear, the evidence is sufficient, the people's Procuratorate suggestions or summary procedure applies to;

(two) to be handled the cases;
(three) the victim charges have evidence to prove that they are minor criminal cases.

Article 208th, amended as:"Under the jurisdiction of the grassroots people's court cases, 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."

 

Article 209th: 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.

Article 175th Application of simple procedure in public prosecution case, the people's Procuratorate may send no procurators to the court. The defendant may make a statement and defense indictment alleged crime. The people's Procuratorate sends procurators to the court, with permission of the judges, the defendant and his counsel may debate with the public prosecutor.

Article 210th, amended as:"Summary 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."

 

Article 211st: summary procedure applies to the trial of cases, the judges shall ask the defendant to the facts of the crime accused opinion, inform the defendant under the law applicable to the summary procedure, to confirm whether the defendant agreed to hear the summary procedure applies.

Article 176th Application of simple procedure in a case of private prosecution, read out the bill of prosecution, with permission of the judges, the defendant and his counsel may debate with the private prosecutor and his agents ad litem.

Article 212nd, amended as:"Summary procedure applies to the trial of cases, with permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem."

Article 177th Summary procedure applies to the trial of cases, not subject to the first section of this chapter on the interrogation of a defendant, questioning the witnesses, authenticators, show under the court debate procedure evidence, limitation. However, before the judgment is pronounced, listen to the final statement of the defendant shall be.

Article 213rd, amended as:"Summary procedure applies to the trial of cases, not subject to the first section of this chapter on the deadline, interrogate the defendant, questioning the witnesses, authenticators, show under the court debate procedure evidence, limitation. However, before the judgment is pronounced, listen to the final statement of the defendant shall be."

Article 178th Summary procedure applies to the trial of cases, the people's court shall conclude the trial of the case within twenty days after receiving.
   

Article 214th, amended as:"Summary 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."

Article 187th The people's Court of second instance cases on appeal, shall form a collegial panel, trial. A collegial panel after scoring, interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions, the facts are clear, can not hearing. Case protested by a people's Procuratorate, the people's Court of second instance shall open the court session.
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.
 

223rd, the first paragraph is revised as follows:"The 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.

Article 188th The people's Procuratorate public prosecution case protested by a people's Court of second instance court or the people's Procuratorate at the same level, shall send personnel to the court. The people's Court of second instance shall be ten days before opening of the court session, notify the people's Procuratorate to examine the case files.
  

Article 224th, amended as:"The people's Procuratorate public prosecution case protested by a people's Court of second instance court or the people's Procuratorate at the same level, should be to send representatives to attend the court. The people's Court of second instance shall consult the files in the decision after hearing the timely notify the people's procuratorate. The people's Procuratorate shall consult the completed within one month. The people's Procuratorate to examine the case of time not included in the trial period."

Article 189th The 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.

225th, one paragraph is added as the second paragraph:"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."

Article 190th The 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 Procuratorate or the private prosecutor appeal, not subject to the provisions of the preceding paragraph.

226th, the first paragraph is revised as follows:"The 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."

Article 196th The people's Court of second instance accepting a case of appeal or protest, it shall conclude the trial of the case within one month, not later than one month and a half. The act of 126th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month, but the Supreme People's court accepts a case of appeal or protest, decided by the Supreme People's court.

Article 232nd, "The 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.

Article 198th The public security organs, people's Procuratorate and the people's court for property and interests of criminal suspects and defendants, seizure, freezing, shall be properly kept, for verification. Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state.
To use as evidence of the material shall be transferred together with the case, to be transferred, it shall be lists, photos and other documents of certification with the case.
After the people's Court of the verdict, the stolen money was seized, frozen and its fruits, besides, to be returned to the victim shall be confiscated, turned over to the state treasury.
The judicial personnel embezzles, misappropriates or privately processing were seized, frozen stolen money and the palm rest, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions.

Article 234Th "The public security organs, people's Procuratorate and the people's court for the seizure, seizure, freezing of the criminal suspect, defendant's property and the fruits thereof, shall be properly kept, for verification, and make the list, with the case. Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state.
To use as evidence of the material shall be transferred together with the case, to be transferred, it shall be lists, photos and other documents of certification with the case.
Judgment rendered by the people's court shall, properties and interests on attachment, seizure, freezing treatment.
After the people's court judgment becomes effective, the relevant authorities shall be carried out according to the properties and interests of attachment, seizure, freezing of the judgment. The stolen money seized, seizure, freezing and the fruits thereof, except to be returned to the victim, shall be turned over to the state treasury.
The judicial personnel embezzles, misappropriates or attachment, seizure, freezing or processing property and the fruits thereof, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions."

 

Article 239th the 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.

 

The 240th Supreme Court review of death penalty cases, it shall interrogate the defendant, defenseLawyerRequest, shall listen to the opinions of the defenseLawyerOpinion.
  "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."

Article 204th The party or his legal representative, close relatives of the complaint meets one of the following cases, the people's court shall re trial:
(a) there is new evidence to prove that the original decision, ruled that the fact that is wrong;
(two) between the main evidence according to conviction and sentencing evidence does not do, or not fully prove the facts of a case of contradiction;
(three) the original judgment, that there is some error in the application of the law;
(four) the judges in the trial of the case, take bribes, play favouritism and commit irregularities, perverted the law behavior.

Article 242nd, amended as:"The party or his legal representative, close relatives of the complaint meets one of the following cases, the people's court shall re trial:
(a) there is new evidence to prove that the original decision, ruled that the fact that there are errors, may affect the conviction and sentencing;
(two) according to the conviction and sentencing evidence does not really, not fully in accordance with the law, should be excluded, or proof by contradiction between the main facts of the case evidence exists;
(three) the original judgment, that there is some error in the application of the law;
(four) violating the legal procedure, which may affect the fair trial;
(five) the judges in the trial of the case, take bribes, play favouritism and commit irregularities, perverted the law behavior."

 

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.

Article 206th The people's court in accordance with the procedure for trial supervision to the trial of the case, form a new collegial panel, if it was a case of first instance, shall be carried out in accordance with the procedure of first instance trial, judgment, ruling, can appeal, appeal: if it was a case of first instance shall be tried, the superior people's court case, should be tried in accordance with the procedure of second instance, judgment, ruling, is the final judgment, ruling.

Article 245th, amended as:"The people's court in accordance with the procedure for trial supervision to the trial of the case by the people's court, the trial, shall form a new collegial panel of. If it was a case of first instance, shall be carried out in accordance with the procedure of first instance trial, judgment, ruling, can appeal, appeal; if it was a case of first instance shall be tried, the superior people's court case, should be in accordance with the procedure of second instance trial, judgment, ruling, is the final judgment, ruling.

The people's Court of retrial cases, the people's Procuratorate at the same level shall send representatives to attend the court."

 

Article 246th:"The decision of the people's court retrial cases, need to take compulsory measures against the defendant, the people's court shall be decided by the people's Procuratorate protest; retrial cases, need to take compulsory measures against the defendant, decided by the people's procuratorate.
The people's court in accordance with the procedure for trial supervision may decide to suspend the trial of the case, the original judgment, the execution of the ruling.

Article 213rd The criminal was delivered to the execution of the sentence, the people's court shall be executed by the relevant legal documents to a prison or other executing organ.
Who is sentenced to death with two years reprieve, life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. For was sentenced to criminal punishment, was executed, the remaining term of his sentence in the following year, the 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.

253rd, the first paragraph is revised as follows:"The criminal was delivered to the execution of the sentence, the people's court shall be executed in the verdict within ten days after the relevant legal documents to a public security organ, a prison or other executing organ.
The second paragraph is amended as follows:"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 sentence in the following three months, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ."

Article 214th For was 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.
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.
If a criminal is truly serious diseases, must be released for medical treatment, the hospital issued documents designated by the people's government at the provincial level, and in accordance with the procedures prescribed by law.
Findings were released on medical parole criminals do not meet the medical parole conditions, or seriously violates the relevant medical parole provisions, shall timely put in prison.
For sentenced to prison, detention, the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community criminals, can the temporary execution outside prison.
For the temporary execution outside Prison Criminals, performed by the residence of the public security organ, the executing organ shall on its strict management and supervision, the original unit grass-roots organization or the criminals to assist in supervision.
 

Article 254th, amended as:"To 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."

 

Article 255th:"The prison guards, the proposed temporary execution outside prison of the written opinions, shall send a copy of the written opinion of the people's procuratorate. The people's Procuratorate decided or approved by the authorities to put forward written opinions."

 

Article 215th Approved the temporary execution outside prison organ shall send a copy of its decision on the approval of people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month written opinions to the approval of the temporary execution outside prison authorities, approval written opinions to the temporary execution outside prison authorities received the people's Procuratorate, shall immediately to reexamine its decision.

Article 256th, amended as:"A decision or approved the temporary execution outside prison shall be temporary execution outside prison decided to sent to the people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month to submit the decision or approved the temporary execution outside prison authorities, decision or approved written opinions to the temporary execution outside prison authorities received the people's Procuratorate, shall be immediately re verification of the decision."

Article 216th The temporary execution outside prison after the disappearance of the circumstances, the criminal sentence is not full, it shall timely put in prison.
Prisoners died in the temporary execution outside prison period, it shall timely notify the prison.
  

Article 257th, amended as:"The temporary execution outside Prison Criminals, one of the following circumstances, should be promptly sent to prison:
(a) is found not to conform to the temporary execution outside prison conditions;
(two) a serious breach of the temporary execution outside prison supervision and management regulations;
(three) the temporary execution outside prison after the disappearance of the circumstances, the sentence is not full.
The decision of a people's court temporary execution outside prison criminals should be put in prison, decided by a people's court, the relevant legal documents to a public security organ, a prison or other executing organ.
Do not meet the conditions of the temporary execution outside prison through bribery and other illegal means by the temporary execution outside prison, during the execution of sentence outside prison shall not be included in the term of execution. The criminals in the temporary execution outside prison during the escape, escape is not included in the term during execution.
Prisoners died in the temporary execution outside prison period, the executing organ shall timely notify the prison or detention."

Article 217th For was sentenced to probation criminals, by the public security organ to the unit or the basic level organization review.
For a parolee, during the probation period, the public security organ shall supervise.

Article 258th, amended as:"Sentenced to control, probation, parole or temporary execution outside Prison Criminals, shall be subject to community correction, community correction agencies responsible for the implementation of."

Article 218th Who is sentenced to control, deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the executing organ shall notify me, and to the masses concerned publicly announced deregulation or the restoration of political rights.

Article 259th, amended as:"Sentenced to deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the organ executing the written notice I units and organizations at the grassroots level, place of residence."

Article 221st The criminals in prison again commits a crime, or that the decision was not found guilty, the executing organ shall transfer to the people's Procuratorate handling.
Sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court for examination and decision.

Article 262nd, second paragraph:"Sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court ruled that the proposal and review, the people's Procuratorate carbon copy. The people's procuratorates can put forward written opinions to the people's court."

 

Add a series, as the fifth series:"The special procedure".

The fifth series"The first chapter of juvenile procedure of criminal case
Article 266th for 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 267th of the 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 assignedLawyerProvide justification for the.
Article 268th the 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.
269th strict restrictions on 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 defendLawyerOpinion.
The detention, arrest and execution of the criminal punishment of minors and adults should be held, respectively, respectively, education management.
Article 270th for 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.