Fifty-fourth using torture to extract confessions and other illegal methods to collect the suspect, defendant's confession and using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded.The collection of physical evidence, documentary evidence does not meet the statutory procedures, may seriously affect judicial justice, shall be corrected or make reasonable explanations; no correction or to make a reasonable explanation, the evidence should be excluded. In the investigation, prosecution, trial found the evidence should be excluded, should be excluded in accordance with the law, shall not be used as prosecution, prosecution and judgment basis. Article fifty-fifth the people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall conduct investigation and verification.To do to illegal methods to collect evidence situation, should put forward rectification opinions; constitutes a crime, shall be investigated for criminal responsibility according to law. Process fifty-sixth court, judges that may exist in the fifty-fourth article of this law to illegal methods to collect evidence, shall be the court investigation evidence collection of legitimacy. The party and the defender, agent ad litem shall have the right to request the people's court to illegal methods to collect evidence shall be excluded.For the exclusion of illegal methods to collect evidence, shall provide relevant clues or materials.
Article fifty-seventh the court investigation process in the legitimacy of evidence collection in, the people's Procuratorate shall on the legitimacy of the evidence collection proved. The existing evidence can not prove the legitimacy of evidence collection, the people's Procuratorate may petition the people's court to inform the relevant investigation or other personnel to appear in court to explain the situation; the people's court may notify the relevant investigation or other personnel to appear in court to explain the situation.The investigation personnel or other personnel also may request the court to explain the situation.After the people's court shall notify the relevant personnel shall appear in court. Article fifty-eighth for after the court, to confirm or cannot rule out the existence of the fifty-fourth article of this law to illegal methods to collect evidence, the evidence should be excluded.
Article forty-seventhThe testimony of witnesses in court by the public prosecutor, the victim and the defendant, counsel questioned both sides, questioning, listening to the testimony of witnesses and have been verified after, can serve as the basis for deciding.The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law.
Article fifty-ninthThe testimony of witnesses in court by the public prosecutor, the victim and the defendant, the defenders both evidence and found later, can be used as a basis.The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law.
Article sixty-second for the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in a lawsuit, himself or his close relatives and personal safety risk, the people's court, the people's procuratorates and the public security organs shall take the following one or more protective measures: (a) individual information is not publicly real full name, address and work units; (two) take not to expose the appearance, voice of such measures to testify in court; (three) prohibited personnel contact, specific identification of witnesses, victims and their close relatives; (four) to take special protective measures for personal and residential; (five) other necessary protective measures. The witnesses and expert witnesses, victims believe that witness in lawsuit, himself or his close relatives and personal safety risk, may apply to the people's court, the people's Procuratorate, the public security organ shall protect the request. The people's court, the people's Procuratorate, public security organ shall take protective measures, the relevant units and individuals shall cooperate with the.
Sixty-third witnesses had testified to fulfill the obligation and expenditure of transportation, accommodation, meals and other expenses, shall grant.Witnesses in the judicial organ business funds subsidies shall be guaranteed by the government. Work units and witness, where the units are not deduct explicitly or implicitly wages, bonuses and other benefits.
Article fifty-firstThe people's court, the people's procuratorates and the public security organ for any of the following circumstances of criminal suspects, defendants, can be released on bail pending trial or for residential surveillance: (a) may be sentenced to public surveillance, detention or independent additional penal apply; (two) may be sentenced penalty above, take bail, residential surveillance without danger to the society. Bail, residential surveillance shall be executed by the public security organs.
Article sixty-fifthThe people's court, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, can bail: (a) may be sentenced to public surveillance, detention or independent additional penal apply; (two) may be sentenced penalty above, release on bail will not take the danger to the society; (three) suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society; (four) detention period expires, the case has not yet completed, need to take bail. Bail enforcement by the public security organs.
Fifty-fifth the guarantor shall perform the following obligations: (a) supervision is the guarantee to comply with the provisions of article fifty-sixth of this law; Two)Discovery is that people may occur or has occurred in violation of this law the provisions of article fifty-sixth of the act, shall promptly report to the executing organ. Be surety for violation of the law the fifty-sixth regulation the behavior, guarantee not reported in a timely manner, to ensure the fine people, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article sixty-eighthThe guarantor shall perform the following obligations: (a) supervision is the guarantee to comply with the provisions of article sixty-ninth of this law; (two) found that the guarantor may occur or has occurred in violation of this law the provisions of article sixty-ninth of the act, shall promptly report to the executing organ. Be surety for violation of the law sixty-ninth stipulation behavior, the guarantor fails to perform the obligation of guarantee, the guarantor shall be fined, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article fifty-sixthBy the criminal suspect, defendant bail shall observe the following provisions: (a) without the approval of the organ executing shall not leave the living city, county; (two) in the time to; (three) not to interfere in any form of witness; (four) shall not destroy or falsify evidence, or collusion. By the criminal suspect, defendant bail violates the provisions of the preceding paragraph, have to pay a deposit, confiscate the deposit, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay the deposit, to provide a guarantor or residential surveillance, he shall be arrested.The suspect, the defendant in the release on bail is not in violation of the provisions of the preceding paragraph, when the end of the guarantor pending trial, the guaranty money shall be returned.
Article sixty-ninth by the criminal suspect, defendant bail shall observe the following provisions: (a) without the approval of the organ executing shall not leave the living city, county; (two) address, work units and contact information changes, in twenty-four hours to inward executive report; (three) in the time to; (four) not to interfere in any form of witness; (five) shall not destroy or falsify evidence, or collusion. The people's court, the people's procuratorates and the public security organ may according to the circumstances of the case, shall be ordered to be criminal suspects, defendants on bail the following one or more: (a) shall not be allowed to enter the specific place; (two) with no specific staff meeting or communication; (three) shall not engage in certain activities; (four) the passport and other travel documents, documents, the executing organ preservation driving. By the criminal suspect, the defendant on bail in violation of the provisions of the preceding two paragraphs, have to pay a deposit, the confiscation of part or all of the deposit, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay margin, the guarantor, or for residential surveillance, he shall be arrested. For breach of bail provisions, need to be arrested, the suspect, defendant custody. The decision-making organ seventieth bail should be considered to ensure the normal activity of the lawsuit, be social danger bail people, nature, circumstances of case, may be sentenced to a punishment, is released on bail pending trial of economic situation, to ensure the payment in the amount of. Providing margin shall be deposited into the margin account executive specialized organs designated bank. Article seventy-first of criminal suspects, defendants on bail period did not violate the provisions of article sixty-ninth, when the end of the guarantor pending trial, by notice to remove the bail pending trial or the relevant legal documents to the bank for the refund of deposit.
The seventy-second people's court, the people's procuratorates and the public security organs to meet the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, to residential surveillance: (a) with a serious disease, the life cannot provide for oneself; (two) pregnant or breast-feeding her baby; (three) the only supporter, life can not take care of the people; (four) because of the need for the special circumstances of the case or the handling of cases, take measures are more suitable for residential surveillance; (five) detention period expires, the case has not yet completed, need to residential surveillance measures. To meet the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, to residential surveillance. Residential surveillance shall be executed by a public security organ. Seventy-third residential surveillance shall be carried out in the criminal suspect, the defendant's; no fixed residence, can be specified in the residence of execution.For the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution.But, not in the place of custody, special case handling place execution. 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. Criminal suspects, defendants to entrust defenders, this Law shall apply to the thirty-third. The supervision of people's Procuratorate to specify the decision and implementation of residential surveillance is legal residence. Article seventy-fourth designated residence residential surveillance shall to be shortened.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.
Article fifty-seventhBy 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, not to leave the designated residence without permission; (two) without approval may not be the executing organ to meet with others; (three) in the time to; (four) not to interfere in any form of witness; (five) shall not destroy or falsify evidence, or collusion. Under residential surveillance suspect, defendant violates the provisions of the preceding paragraph, if the circumstances are serious, he shall be arrested.
Article 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 the communication or others may not be met; (three) in the time to; (four) not to interfere in any form of witness; (five) shall not destroy or falsify evidence, or collusion; (six) the passport and other travel documents, identity documents, documents, the executing organ preservation driving. 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, defendant custody.
Article seventy-sixth:"The executing organ for criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can monitor communication of criminal suspects.
Article sixtiethTo 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, thus necessitating arrest, shall be immediately arrested according to law. Should be arrested the suspect, the defendant, if suffering from the serious disease, or are pregnant, breast-feeding her own baby, can use the bail pending trial or residential surveillance.
Article seventy-ninth,"To have evidence to prove the facts of the crime, may be sentenced penalty above the suspect, the defendant, to take bail pending trial is not enough to prevent the danger to the society, should be arrested: (a) may implement the new crime; (two) the real danger endanger national security, public security or public order; (three) may destroy or forge evidence, witnesses or collusion of interference; (four) the victim, informants, may take revenge the complainant implementation; (five) in an attempt to Dutch act or escape. To have 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. A guarantor pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance shall, if the circumstances are serious, can be arrested.
Article sixty-fourthWhen a person detained by public security organs, must produce a warrant. 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.
Article eighty-thirdWhen a person detained by public security organs, must produce a warrant. Arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours.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 be in detention within twenty-four hours after notification, the detainee's family.After the investigation situation to disappear, it shall immediately notify the detainee's family."
Article sixty-fifthThe public security organ for detainee 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 eighty-fourth, amended as:"The public security organs of the detainee shall, after the detention within twenty-four hours of interrogation.In that time shall not be detained, must immediately release, issued a release certificate."
Article eighty-sixth:"The 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 suspect asked prosecutors to statement; (three) the investigation may have serious illegal act. The people's Procuratorate for examination and approval of arrest, may question the witnesses and other participants in the proceedings, to hear the defenseLawyerOpinion; DefenseLawyerRequest, shall listen to the opinions of the defenseLawyerOpinion."
Article seventy-firstWhen a public security organ to arrest people, must produce an arrest warrant.
After the arrest, in addition to hinder the investigation or not notice, should put the reasons and detain arrested the premises, within twenty-four hours to inform the family of the arrested person or the unit to which he belongs.
Ninety-first, when a public security organ to arrest people, must produce an arrest warrant. "After the arrest, it shall immediately be arrested for custody.In addition to not notice shall, within twenty-four hours after the arrest, notify the family of the arrested person.
Article ninety-thirdThe suspect, the defendant was arrested, the people's Procuratorate shall still the necessity of the detention review.The detention is not necessary, should be recommended to be released or alteration of the compulsory measures.The relevant authorities shall within ten days to notify the people's procuratorate.
Article fifty-secondThe arrested suspects, defendants and their legal representatives, near relatives shall have the right to apply for bail.
Article 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.
Article seventy-fourthThe 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.
Article ninety-sixthThe 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 the need to verify,; trial, the suspect, defendant on bail or residential surveillance.
Article seventy-fifthThe suspect, the defendant or his legal representative, close relative or criminal suspects, defendants commissionedLawyerAnd other counsel to the people's court, people's Procuratorate or public security organs to take coercive measures to exceed the time limit prescribed by law, have the right to request the cancellation of the compulsory measures.The people's court, people's Procuratorate or a public security organ for criminal suspects, defendants are compulsory measures exceeding the prescribed time limit, shall release the lifting bail, residential surveillance or alteration of the compulsory measures according to law.
Article ninety-seventhThe people's court, people's Procuratorate or public security organs to the compulsory measures adopted by the statutory period expires the suspect, the defendant shall release, release, release on bail, residential surveillance or alteration of the compulsory measures according to law.The suspect, the defendant or his legal representative, close relative or lawyer to the people's court, the people's Procuratorate or public security organs to take coercive measures to the statutory period expires, the right to request the lifting of compulsory measures.
Article seventy-seventhThe victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action. If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action. The people's court when necessary, and may seal up or distrain the property of the defendant.
Article ninety-ninth the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action.The victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action. If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action. The 100th people's court when necessary, can take preservation measures, seizure, seizure or freezing the property of the defendant.Plaintiff of the supplementary civil action or the people's Procuratorate may apply to the people's courts to take preventive measures.The people's courts to take preventive measures, applicationThe Civil Procedure LawThe relevant provisions.
Article 101stThe people's Court of the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.
Article seventy-ninthDuring the time, day, month. During the beginning of the day and not be counted as within the time period. A legally prescribed time period shall not include travelling time.Appeals or other documents that have been mailed before the expiration, not expired.
103rd, during the time, day, month. During the beginning of the day and not be counted as within the time period. A legally prescribed time period shall not include travelling time.Appeals or other documents that have been mailed before the expiration, not expired.
The last day of the period for the holiday, the first day after the holiday to the expiration date, but the suspect, defendant or criminal in custody, should to the expiration date, shall not be extended because of the holidays.
Article 115th:"The party and the defender, agent ad litem, interested party has one of the following acts for the judicial organs and their staff, have the right to appeal against the authority or: (a) to take coercive measures to the statutory period, not to be released, dissolution or change; (two) shall refund the deposit is not refundable bail; (three) to have nothing to do with the case of property seizure, seizure, freezing measures; (four) shall terminate the seizure, seizure, freezing not released; (five) the corruption, embezzlement, privately divide, exchange, in violation of the provisions of the use of attachment, seizure, freezing of property. The admissibility of the complaint or accusation shall be timely treatment.To handle the appeal, it may appeal to the people's Procuratorate at the same level; the people's Procuratorate cases directly accepted, it may appeal to the upper level people's procuratorate.The people's Procuratorate shall timely examine on the appeal, the case, notify the relevant authorities to rectify.
Article ninety-firstThe interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel.During an interrogation, the investigators shall not be less than two.
116th, the interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel.During an interrogation, the investigators shall not be less than two.
"Criminal suspects were sent to the detention center custody, investigators questioned its, should be in detention center.
Article ninety-secondDoes not need to be arrested, detained the suspect, the suspect may be summoned to a designated place city, county lies within or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents. Summons, the longest duration of detention shall not exceed twelve hours.Not to continuous summons, subpoena criminal suspects into custody in disguised forms.
Article 117th,Do not need to arrest, detention of criminal suspects, may be summoned to a designated place city, county lies within the criminal suspect or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents.To found at the scene of the crime suspect, by working to produce documents, can be summoned verbally, but shall be marked in the transcripts of interrogation. Call, summon duration shall not exceed twelve hours; the case particularly heavy, complicated, need to take the measure of arrest, detention, subpoena, summons for time not exceeding twenty-four hours. Not to continuous summons, subpoena criminal suspects into custody in disguised forms.Call, summon the suspect, shall ensure that the suspect's diet and the necessary rest time.
Article ninety-thirdWhen the investigators suspect, shall first ask the criminal suspect whether a crime, let him state the circumstances of his guilt or innocence excuse, then put a question to him.The suspect of investigators question, shall truthfully answer.But irrelevant to the case, have the right to refuse to answer.
118th, when the investigators suspect, shall first ask the criminal suspect whether a crime, let him state the circumstances of his guilt or innocence excuse, then put a question to him.The suspect of investigators question, shall truthfully answer.But irrelevant to the case, have the right to refuse to answer.
"When the investigators suspect, should the law to inform the suspect confess to leniency.
Article 121st:"When the investigators suspect, can the audio or video recording of the interrogation process; there may be sentenced to life imprisonment, the death penalty cases or other serious crimes, shall carry out the sound recording or video recording of the interrogation process. Audio or video recordings shall be full, maintain integrity."
Article ninety-sixthThe criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, can hireLawyerTo provideLegal adviceThe complaint, accusation.If the criminal suspect is arrested, hiredLawyerMay apply for bail.Cases involving state secrets, the criminal suspect to hireLawyer, shall be subject to the approval of the investigation organ. The entrustedLawyerHave the right to the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody, the suspect information related to the case.LawyerMeet with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present.Cases involving state secrets,LawyerMeet with the criminal suspect in custody, shall be subject to the approval of the investigation organ.
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Article 105thIn order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body. If a criminal suspect refuses to be examined, the investigators deem it necessary, may be forced to check. Check the women's body, should be conducted by female officers or doctors.
Article 130thIn order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body, can extract fingerprint information, collection of blood, urine and other biological samples.
If a criminal suspect refuses to be examined, the investigators deem it necessary, may be forced to check. Check the women's body, should be conducted by female officers or doctors.
Article 108thIn order to find out the truth, when necessary, subject to the approval of the Public Security Bureau, investigative experiments may be conducted. Investigative experiment, banning all enough to cause danger, humiliating or be destructive to the morals behavior.
Article 133rdIn order to find out the truth, when necessary, be responsible for the public security organ for approval, investigative experiments may be conducted. The experiment should be written transcripts, sealed by the participants signed or.
Article 110thAny unit and individual, obligation in accordance with the people's procuratorates and the public security organs requirements, surrender may prove the criminal suspect's guilt or innocence material evidence, documentary evidence, audiovisual materials.
Article 135th, amended as:"Any unit and individual, obligation in accordance with the people's procuratorates and the public security organs requirements, material evidence, documentary evidence, surrender may prove audio-visual material evidence, the suspect's guilt or innocence."
Article 158thDuring the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence. The people's court investigation to verify the evidence, conduct inquest, inspection, seizure, freezing, identification and query.
Article 158thDuring the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence. The people's court investigation to verify the evidence, conduct inquest, inspection,Attachment, seizure,Evaluation and inquiry, freeze.
Article 114thAt the inquest, search that may be used to prove various articles and documents, the suspect's guilt or innocence shall be seized; irrelevant to a case may not be seized items, documents. Seized articles and documents, shall be properly kept or sealed up, and shall not use or damage.
Article 139th, amended as:"Found in the investigation activities may be used to prove a property, the suspect's guilt or innocence shall file, seizure, seizure; irrelevant to a case of property, documents, shall not be seized, seizure. The attachment, seizure of property, documents, shall be properly kept or sealed up, shall not use, exchanged or damaged."
Article 115thSeized articles and documents, should be with the eyewitnesses and the holder of the seized articles were clear, on the list of two copies, by the investigators, the witness and the holder of the signature or seal, a given to the holder, the other copy shall be kept on file for reference.
Article 140th, amended as:"The attachment, seizure of property, documents, should be with the eyewitnesses and attachment, seizure of property, file holder on the spot were clear, make a list of two copies, by the investigators, the witness and the holder of the signature or seal, a given to the holder, the other copy shall be kept on file for reference."
Article 117thThe people's Procuratorate, the public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions of the deposit, remittance. The suspect's deposits, remittances have been frozen, it may not be frozen again.
Article 142nd, amended as:"The people's Procuratorate, the public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions of the deposit, remittance, bond, stock, fund and other property.The units and individuals concerned shall cooperate with the. The suspect deposit, remittance, bond, stock, fund and other property that has been frozen, it may not be frozen again."
Article 118thSeized articles, documents, mail, telegram or frozen deposits, remittances, find out the irrelevant to the case shall be cancelled within three days, seizure, freezing, returned to their original owners or the original post and telecommunications offices.
Article 143rd, amended as:"The attachment, seizure of property, documents, mail, telegram or frozen deposits, remittances, bond, stock, fund and other property, find out the irrelevant to the case, shall be cancelled within three days, seizure, freezing up, be refunded."
Article 120thAfter verification, shall write a conclusion of expert evaluation, and signature. Medical identification of personal injury controversial needs to be identified or medical expertise on mental illness, designated by the people's government at the provincial level hospital.After verification, shall write a conclusion of expert evaluation, and signed by the appraiser, a hospital official seal. Identification of intentionally makes a false verification, he shall assume legal responsibility.
Article 145th, amended as:"After verification, it shall make a written expert opinion, and signature. Identification of intentionally makes a false verification, he shall assume legal responsibility."
The 121st, the 157th in the"Expert conclusion"Amended as"Expert opinion".
"The eighth section technical investigation measures Article 148th the public security organs in the case, for the crime of endangering national security, terrorism, organized crimes of the underworld, serious drug crime or other serious harm to society of criminal cases, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation. The people's Procuratorate in the case, the major crime of embezzlement, bribery crimes and serious violations of civil power of body right use, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation, in accordance with the regulations to relevant authorities. Hunt was wanted, or approval and decided to arrest the escaped criminal suspects, defendants, approved, technical investigation measures can be taken to hunt the necessary. Article 149th the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects.Since the date of issue of the approval decision within three months.Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation, after approval, the validity period may be extended, each time shall not exceed three months. Article 150th to take measures of technical investigation, should be strictly in accordance with the approved measures, applicable objects and limit types. The investigators state secrets, to know to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential, to take measures of technical investigation; get nothing to do with the case materials, must be destroyed. Adopt the measures of technical investigation to obtain material, can only be used for crime investigation, prosecution and trial, shall not be used for other purposes. Public security organs to take measures of technical investigation according to law, the relevant units and individuals shall cooperate with the relevant information, and shall keep secret. 151st in order to find out the truth, when necessary, by the public security organs of the person responsible for the decision, by the relevant personnel to conceal its identity of the implementation of the investigation.However, not tempt others to commit a crime, not methods may endanger public safety or serious personal danger. The payment of goods prohibited drugs or property crime, the public security organ according to the investigation of a crime, in accordance with the provisions of the implementation can be controlled delivery. Article 152nd in accordance with the provisions of this section to investigative measures collected materials can be used as evidence in criminal proceedings.If you use this evidence may endanger the personal safety, or have other serious consequences, shall take not to expose the identity, technology and other relevant personnel protection measures, when necessary, can by the judge in the court to verify evidence."
Article 128thIn the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 124th recalculation investigation detain deadline since the day of discovery. The suspect does not tell his true name, address, the identity is unidentified, investigation detain deadline checking computation since the day of its identity, but do not stop the crime investigation.If the facts of a crime are clear, the evidence is reliable and sufficient, can also according to the name to the people's Procuratorate for examination and prosecution.
Article 158th,In the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 154th recalculation investigation detain deadline since the day of discovery. The suspect does not tell his true name, address, the identity is unidentified, shall be investigated for their identity, investigation detain deadline checking computation since the day of its identity, but do not stop the crime investigation.The criminal facts are clear, the evidence is, well, really can not be identified, also by the name of prosecution, trial.