The Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, the Ministry of justice, the National People's Congress Standing Committee

                           On the relevant issues concerning the implementation of the Criminal Procedure Act  
                                 In January 19, 1998, the Supreme People's court
 
   A, tubeJurisdiction
   1 in accordance with the law of criminal procedure in criminal cases under the jurisdiction of the division of labor, the people's Procuratorate jurisdiction "of corruption and bribery, national staff malfeasance crime, violation of civil rights of the criminal state functionary carry illegal detention, torture to extract confessions, revenge against crime, illegal search and the Democratic rights of citizens". For tax and other cases shall be under the jurisdiction of the public security organs, the public security organ shall place the case on file for investigation, the people's Procuratorate will no longer accept. Any non-compliance with the file criminal procedure law on the jurisdiction division provisions shall be invalid.
   The people's Procuratorate investigation of the public security organ according to law shall be made under the jurisdiction of the tax related cases, the people's Procuratorate to be completed, or by the people's Procuratorate handed over to the public security organ for.
   The criminal procedure law of the people's Procuratorate stipulate 2 Jurisdiction "state functionary crime of malfeasance" case, the revised criminal law has been the subject of crime of malfeasance is modified for the personnel of state organs. According to this change, the people's procuratorates under the jurisdiction of the "crimes", is refers to the criminal law ninth chapter of the crime of malfeasance. In addition, the criminal law fourth chapter 248th provisions of the regulators, corporal punishment, abuse of beating the detained person crime, under the jurisdiction of the people's procuratorate. The third chapter of criminal law crime of undermining socialist market economy order by the public security organs in the criminal jurisdiction.
   3 the revised criminal law has explicitly in the specific provisions of criminal bribery chapter eighth makes provision, according to this change, the people's Procuratorate "under the jurisdiction of the crime of bribery and corruption cases", refers to the revised Criminal Law Chapter eighth provisions of the crime of bribery and corruption and other chapters defined in accordance with the provisions of the criminal law eighth chapter of the crime of corruption and bribery the conviction and punishment of the crime. The first paragraph of article 163rd, paragraph second, the first paragraph of article 184th and the provisions of article 164th of criminal jurisdiction by the public security organs.
   Provisions of article second and 4 Law of criminal procedure 170th handled directly by the people's court "the victim has evidence to prove that they are minor criminal cases" refers to the following the victim has evidence to prove that the criminal case:
   (a) the case of intentional injury (injury);
   (two) bigamy case;
   (three) case of abandonment;
   (four) against the freedom of communication;
   (five) of housebreaking case;
   (six) production, sales of fake and shoddy goods cases (except the serious harm to the social order and the interests of the state);
   (seven) cases of intellectual property infringement (except the serious harm to the social order and the interests of the state);
   (eight) belonging to the fourth chapter, the fifth chapter of criminal law provisions, the defendant may be sentenced to other minor criminal cases below three years in prison punishment.
   The above eight cases, the victim directly to the people's court, the people's court shall accept the case according to law, for which insufficient evidence, can be accepted by the public security organs, it shall transfer the case to the public security organ for investigation. The victim to the public security organ shall accept the charges, the public security organ.
   Perjury, refusing to implement the judgment of court by the public security organ for investigation.
   The criminal procedure law amended to delete the original 5 on "the people's court at a higher level when necessary, can make its own jurisdiction of criminal cases of first instance by a people's court at the trial" content. According to this change, for criminal cases of first instance, shall be under the jurisdiction of the people's court at a higher level in accordance with the law, not the designated jurisdiction if a people's court.
   6 the public security organs in criminal cases involving corruption and bribery cases under the jurisdiction of the people's Procuratorate, shall be transferred to the people's Procuratorate of corruption and bribery; the people's Procuratorate investigation of embezzlement and bribery cases involving the jurisdiction of the public security organ in criminal cases, shall belong to the jurisdiction of the public security organs in the criminal case to the public security organs. In all the above cases, if the alleged main crime belongs to the jurisdiction of the public security organs, by the public security organs based investigation, people's Procuratorate cooperate; if the people's Procuratorate on suspicion of the crime belongs to the jurisdiction of a people's Procuratorate, the main investigation, the public security organs to be with.
   Two, LiCase
   7 eighty-seventh of the criminal procedural law stipulates: "the people's Procuratorate believes that the public security organ should be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice." According to the above provisions, the public security organs will explain the situation to the people's Procuratorate shall reply in writing within seven days of receipt of people's Procuratorate "instructions" after the notice of the reasons for not filing the case. The people's Procuratorate considers that the reasons for not filing the case cannot be established by public security organs, issued a "Notice of registration book", it shall transfer the relevant proof should file material and transferred to public security organs. The public security organs in the "notice" on the book received, shall decide within fifteen days on file, and the decision in writing to the people's Procuratorate filed.
   Three, back to theTo avoid
   8 Law of criminal procedure thirtieth and thirty-first rules, avoid clerks, interpreters and judges, be decided by the people's court. According to this provision, can not avoid the personnel shall be decided by the chief judge.
   Four, lawyers in criminal proceedings
   9 criminal law ninety-sixth stipulation "cases involving state secrets", refers to the nature of the case or cases involving state secrets, not because of the material and processing opinion investigation in criminal cases, to keep a secret as cases involving state secrets.
   10 according to the criminal procedure law the ninety-sixth regulation, at the stage of investigation, the suspect to hire a lawyer, can hire, also can by their relatives for hire. The criminal suspect in custody is proposed to hire a lawyer, the organ shall timely handle the request about the investigation organ case, the investigation organ shall timely send the request to the authorized personnel or local law firm. The suspect only hire a lawyer's request, but no specific mention of the object, the investigation organ shall timely notify the local lawyers association or the judicial administrative organ to recommend a lawyer.
   11 criminal law ninety-sixth stipulation, cases involving state secrets, the lawyer meets with the criminal suspect in custody, shall be subject to the approval of the investigation organ. In no case involves state secrets, the lawyer to visit the suspected criminal without approval. Unable to process the need for confidentiality as the investigation of cases involving state secrets shall not be approved. Lawyers met the suspect, shall arrange to meet in forty-eight hours, for the common crime organization, leadership, more than two people in the organization with underworld society nature, organization, leadership, participation in terrorist organizations or the crime of smuggling crime, drug crime, the crime of corruption and bribery and other major complex, lawyers met the suspect arranging a meeting, shall within five days.
   12 criminal law ninety-sixth stipulation, in the investigation stage, the lawyer meets with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present. Stage and trial stage of review and prosecution, the case has been investigated terminative, defense lawyers and other defenders to meet criminal suspects, defendants in custody, the people's Procuratorate, the people's court shall not send staff to the scene.
   13 at the trial, defense lawyers and other defenders may consult, extract, copy to the people's court case in accordance with the provisions of article thirty-sixth of the criminal procedure law program material of the facts of the crime, with the defendants, communication. Defense lawyers can also be in accordance with the provisions of the criminal procedure law article thirty-seventh to the witnesses or other relevant units and individuals collected materials related to the case, apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, for the people's court shall notify the witness to testify in court. Defense lawyers with permission of the people's Procuratorate, the people's court, and the victim victims or their close relatives, provide witness agree, can collect information pertaining to the current case to them.
   In the process of trial, defense attorneys in providing the defendant not guilty evidence, that in the investigation, review and prosecution investigation organ, people's Procuratorate in the process of collecting proof the defendant not guilty evidence materials need to be presented in court, may apply to the people's court to the people's Procuratorate obtaining the evidence material, and may consult, to the people's court extract, copy the material evidence.
   14 for the law review, reproduce, copy the case litigation documents, technical identification of materials and the facts of the crime accused the necessary materials, only a copy material fee, shall not collect other cost of purpose. The fee charged by the uniform national standards should be approved by the Supreme People's court, the Supreme People's Procuratorate, the competent price department of the state.
   15 thirty-seventh of the criminal procedural law stipulates: "the lawyer with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them, can also apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses to testify in court." The attorney for the defense apply to the people's Procuratorate, the people's court collecting and obtaining of evidence, the people's Procuratorate, the people's court considers it necessary to investigate the evidence, shall be made by the people's Procuratorate, the people's court for the collection and obtaining of evidence, issued by the decision to allow investigation of lawyers shall not, let the lawyers to collect, obtain evidence.
   16 fortieth of the criminal procedural law stipulates: "the case of private prosecution and their legal representatives, the party in an incidental civil action and the legal agent, has the right to entrust agents ad litem." According to this provision, the private prosecutor and his legal representatives, the party in an incidental civil action and the legal agent to entrust agents ad litem shall not be limited to the "before the trial".
   Five, certificateAccording to
   17 ninety-seventh of the criminal procedural law stipulates: "the investigators asked the witness, to witness the unit or residence", "when necessary, they may also notify the witness to the people's Procuratorate or public security organ to provide testimony". The investigators asked the witness, should be in accordance with the provisions of the ninety-seventh criminal procedure law, it shall not specify another location.
   18 law of criminal procedure 120th provisions of the second paragraph: "medical identification of personal injury controversial need to re identification or medical identification of mental illness, designated by the people's government at the provincial level hospital." The people's court in the trial, the appraisal conclusion to the designated by the provincial people's government by the hospital, after examination, that is, not as yet based on other hospital, can employ separate the provincial people's government designated for supplementary identification or re identification. Not be to hire other authentication institutions supplementary identification or re identification.
   19 117th of the criminal procedural law stipulates: "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." According to this provision, the people's Procuratorate, the public security organs cannot deduct the deposit, remittance, the suspect killed in the investigation, the examination and prosecution, the suspect deposit, remittance shall be confiscated or returned to the victims according to law, may apply to a people's court ruled notice freeze criminal suspects, financial institutions deposit money turned over to the state treasury or returned to the victims.
   Six, bail, residential surveillance
   20 fifty-second of the criminal procedural law stipulates: "the criminal suspect in custody, the defendant and his agent ad litem, near relatives shall have the right to apply for bail." Rule ninety-sixth: "if the criminal suspect is arrested, the appointed lawyer may apply for bail." The arrested suspects, defendants and their legal representative, close relatives and lawyers to apply for bail, have the right to decide whether the organ shall make a reply within seven days. Agree to bail, apply for bail formalities in accordance with the law; do not agree to bail, it shall inform the applicant, and explain the reasons for disapproval.
   21 fifty-third of the criminal procedural law stipulates: "pending trial of criminal suspects, defendants on bail, shall order the criminal suspect, the defendant to provide a guarantor or pay money." According to this provision, not at the same time provide a guarantee and pay the deposit.
   22 suspects to deposit guarantee, the deciding organ according to the specific situation of the case to determine the amount of the deposit. The bail bond by the public security organs unified collection and storage. The bail surety or fulfill the warranty obligations, identified by the public security organs, the guarantor of the penalty decision, but also by the public security organs to make. Specific measures shall be formulated by the Ministry of Public Security jointly with the Supreme People's court, the Supreme People's Procuratorate, the Ministry of state security.
   23 is to take bail, residential surveillance of the suspect, the defendant without proper reason shall not leave live in city, county or residence, have legitimate reasons to leave live in city, county or residence, shall be subject to the approval of the organ executing the. If the bail, residential surveillance is decided by the people's Procuratorate, the people's court, the executing organ in the approval of criminal suspects and defendants, leave live in city, county or residence shall obtain the consent of the organ, decision.
   24 criminal suspects, defendants with lawyers do not need approval from the.
   Seven, detention, arrest
   The provisions of the 25 criminal procedure law, detention is executed by the public security organs. The people's Procuratorate cases directly accepted by the people's Procuratorate detention decision, made, shall be served to the public security organs, the public security organ shall be executed immediately, the people's Procuratorate may assist the public security organs to perform.
   The criminal procedure law of 26 revised the criminal procedure law on the conditions of arrest of "major criminal facts have been ascertained" provisions is amended as: "there is evidence to prove the facts of the crime". "There is evidence to prove the facts of a crime", is also meet the following conditions:
   (a) there is evidence of the facts of the crime;
   (two) there is evidence that crimes suspects implementation;
   (three) prove the criminal suspect crime evidence has been verified.
   The facts of the crime can be a plurality of crime suspects is implemented in the.
   27 the people's Procuratorate for examination and the public security organ for approval of arrest cases, shall decide whether or not to approve arrest decision, without the approval of arrest cases investigation report.
   28 for the people's Procuratorate approved the arrest, the public security organ shall be executed immediately, and will perform the receipt and timely service to the people's Procuratorate approved the arrest. If it fails to perform, the people's Procuratorate shall return, and that the reason for failure of execution; for the people's Procuratorate decides not to approve arrest, the public security organ in receiving not approved the arrest of the written decision, should immediately release the criminal suspect in custody or alteration of the compulsory measures, and will perform the receipt after receiving not approved the arrest of three days after the day of decision without the approval of the people's Procuratorate delivered within made the decision of arrest.
   Eight, during the period and deadline
   The 29 period on the criminal proceedings in the calculation, the last day of the period for the holiday, the first day after the holiday period for the expiration date. But during the criminal suspect, defendant or criminal in custody, until the expiration period should be to date, not because of the holidays and to extend the detention period to the first day after the holiday.
   30 the public security organs to extend the detention period of the case, should be in custody for seven days before the expiration, and written report specific reason to prolong the main period of custody case and extend the detention period, the people's Procuratorate shall make a decision in custody before the expiration of the term.
   31 the Supreme People's Procuratorate directly the case on file for investigation, in accordance with the criminal procedure law article 124th, article 126th and the provisions of the 127th conditions, the need to extend the detention period for investigation of criminal suspects, decided by the Supreme People's procuratorate.
   32 according to the provisions of article 128th of criminal procedure law, the public security organs in the period of investigation, found the suspect other serious crimes, recalculate the investigation detain deadline, decided by the public security organ, the people's Procuratorate no longer. But must be reported to the people's Procuratorate put on record, the people's Procuratorate to supervise.
   33 122nd of the criminal procedural law stipulates: "during the psychiatric appraisal on a criminal suspect shall not be included in the deadline." According to the above provisions, the criminal suspect, defendant in custody cases, in addition to psychiatric evaluation time of criminal suspects, defendants are not included in the deadline, other identification time shall be included in the deadline. For the identification of a long time, the term is still not the end of the case, since the date of expiration of the period, should be on the custody of criminal suspects and defendants, coercive measures, to bail or residential surveillance.
   Nine, the conclusion of the investigation
   34 people's Procuratorate accepts the public security organ for examination and prosecution of the case, in accordance with the provisions of the jurisdiction of the criminal procedure law, believes that there should be a superior people's Procuratorate or the people's Procuratorate prosecution of other, shall be made by the people's Procuratorate to transfer the case to the competent people's Procuratorate for examination and prosecution.
   Ten, to the prosecution
   35 according to the provisions of article 150th of criminal procedure law, the people's Procuratorate public prosecution, shall be the main evidence to the people's court for indictment, list of evidence, witness list and all the facts of the crime or the copy photos. For some of the specific issues to the materials, according to the following procedures:
   (a) the people's Procuratorate to the witness list should be included in the prosecution of former provides testimony of witness list, the list of witnesses shall list the name, age, gender, occupation, address, communications office. The people's Procuratorate for quasi non witnesses, can not explain the reason not to.
   (two) the people's Procuratorate to the list of evidence should be collected evidence before filing a lawsuit, the directory.
   (three) on the victim's name, address, address, the defendants have not seized, frozen on the property and location, type, whether the defendant was forced to take measures of the record and the place of detention and other issues, the people's Procuratorate shall be listed in the indictment, not only to the material, which relates to the victim's privacy for or for the protection of victims in the safety, but not listed in the name, address, the communications office, transferred to the people's court alone.
   (four) the identification conclusion, inspecting records have been as the main evidence to the copy, identification, inspection check record producer name has been specified, no further transfer.
   36 according to the provisions of article 150th of criminal procedure law, the people's Procuratorate prosecution cases, evidence to the people's court shall mainly to all the facts of the crime or the copy photos. "The main evidence" includes:
   (a) the main evidence relates to each kind of evidence in the indictment;
   (two) more than the same kind of evidence was identified as "evidence";
   (three) as a statutory sentencing surrender, meritorious service, recidivism, suspend, attempted, justifiable defense evidence.
   The people's procuratorate according to the specific case prosecution, "evidence" is determined by the people's Procuratorate in accordance with the above provisions.
   37 150th of the criminal procedural law stipulates: "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." The people's Procuratorate public prosecution, the people's court shall accept the case. 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, shall decide not to trial, the material is not sufficient grounds without court. The lack of the above materials such as the people's Procuratorate to the material, the people's court may notify the people's Procuratorate supplementary materials, the people's Procuratorate shall be delivered within three days from the date the notification is received.
   The term review the case by the people's court for prosecution in a people's court trial period.
   38 for the trial of cases in which summary procedure is applied, regardless of people's Procuratorate whether to send personnel to the court, it shall transfer all the files and evidence materials to the people's court.
   Eleven, the trial
   39 criminal law the 154th regulation, at the hearing, the presiding judge to find out whether the parties to court. According to the above provisions, shall be the presiding judge to find out whether the parties to the court, not provided for by the clerk to find out.
   40 about asking the witness order in the court trial, the court in the trial of long under the auspices of the public prosecutor, the defender, to witness the order decided by the chief judge.
   41 law of criminal procedure 158th the provisions of the first paragraph: "during the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence." Specified in the first paragraph of 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." According to the above provisions, the people's court evidence materials may apply to the people's Procuratorate obtained requires investigation and verification; the people's court may also, according to the counsel of the accused to apply to the people's Procuratorate obtained in the collection, investigation, review and prosecution of the defendant not guilty evidence. The people's Procuratorate shall the people's court to demand the obtaining of evidence materials within three days after the transfer receipt.
   42 people's procuratorate should evidence presented in court, read, play in the transfer of the people's court, the court shall transfer did not, in over three days after the adjournment. In the court, read, play not to appear in court testimony of a witness, if the witnesses to give different testimony, the people's Procuratorate shall transfer all the witness testimony in the three days after the adjournment.
   Criminal procedure law stipulates that the 169th modified 43: "the people's procuratorate finds that the people's court cases violating the legal procedure, have the right to put forward opinions to the people's court." The people's Procuratorate put forward rectification opinions on the violation of legal procedure of the court proceedings, shall be made by the people's Procuratorate in the trial after the.
   Twelve, twoThe trial
   44 188th of the criminal procedural law stipulates: "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." According to this provision, shall attend the second instance trial was the people's Procuratorate at the same level of procuratorial personnel.
   45 the people's Procuratorate public prosecution case protested by a people's Court of second instance trial or the trial in the second trial, prosecutors and defenders need to show, read, play the people's court evidence has been handed a trial in court, the prosecutor and the defender can apply for court, read, play.
   46 for a case protested by a people's Procuratorate, the people's Court of second instance after review, that should be sentenced the defendant to the death penalty, in accordance with the provisions of 189th criminal procedure law, the people's Court of second instance that the original judgment no error in the determination of facts, but the applicable law is wrong, or inappropriate, and shall be amended; that of the original sentences facts unclear or the evidence is insufficient, can revise the judgment after ascertaining the facts or remand. Among them, the people's Court of second instance directly to commute the death sentence cases, both in the case of approval right of death penalty is lower, should be submitted to the approval of the Supreme People's court.
   Thirteen, the death penalty review
   47 senior people's court approved two year stay of execution case, it shall make the decision of approval or non approval, can not increase the criminal punishment on the defendant.
   Fourteen, the stolen money
   48 for the stolen money, except contraband goods to be returned to the victim and the destruction of property in accordance with the law, must be turned in to the state treasury. No unit or individual may misappropriate or privately processing. About the stolen money, shall be executed in accordance with the provisions of the 198th criminal procedure law, and should be based on different circumstances as follows:
   (a) to use as evidence shall be transferred together with the case of real. To be transferred, it shall be lists, photos and other documents of certification shall be transferred together with the case, not to the stolen money on the grounds, refused to accept the case.
   (two) the investigation organ to freeze in the financial institutions of the stolen money, shall be issued to the people's court transferred together with the case of the financial institutions of the documents, to the people's court to make effective judgment, the people's court shall notify the financial institution shall be turned over to the Treasury, the financial institution shall submit to the people's court to send to the enforcement.
   (three) the seizure, seizure of stolen money, shall not be transferred according to law, shall be transferred together with the case evidence list, photos and other documents of certification, the people's court judgment, the court shall notify the attachment, seizure, seizure seizure shall be turned over to the state treasury, agency shall apply to the people's court shall be sent to the executive.
   The state security organs in accordance with the law, handle cases of crimes that endanger State security, the public security organ shall apply the relevant provisions in the.
   These Regulations shall be implemented as of the date of publication. The Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, state security ministry on the implementation of the criminal procedure explanation or provisions are inconsistent with these Provisions, these Provisions shall prevail.