One, about the defense system proposed changes

1, the right of lawyer

Criminal defense lawyers "meet difficulty", "marking is difficult" has been in the judicial practice of lawyers to defend the right to fully exercise the obstacles, 2008 "lawyer law" amendment, which has been a breakthrough. "Lawyers Law" since the implementation of more than three years, highlighting the "conflict with criminal procedure law", the "Criminal Procedure Law" to modify, should pay attention to interface with the "lawyer law" in a meeting right, reading right provisions in the current law, fully absorb the outstanding legislative experience, really promote the implementation of defense rights of lawyers.

"Draft" seventh set the defense lawyers arrange time range of "no more than 48 hours", essence is met in setting the approval process for defense lawyer, "meet difficulty" problem can not be solved. But the current "Lawyers Law" article thirty-third does not require the lawyer meets the matter of the schedule, the suspect first interrogation by the investigatory organ or coercive measures taken to date, an authorized lawyer as long as the "three certificates", have the right to meet the criminal suspect, defendant, and learn about the case, without prior approval so the investigation organ for approval. "Draft" obvious conflict with this, from the legal consequences, in judicial practice, if more than 48 hours, the stage of the adverse consequences of criminal suspects and defendants, produce, at present there is no remedy, the lack of procedural sanctions. Therefore, we suggest, "defense lawyer to lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange for the meeting. If not arranged to have the lawyers met, the suspect, the defendant's confession at this stage can not be used as the basis for a final decision."

"Draft" seventh "endangering national security crime, terrorist activities crime, bribery crime in the period of investigation, lawyers to meet with the criminal suspect, it shall obtain the permission of the investigation organ. For these cases, the investigation organ shall notify the." We think, the current "Criminal Procedure Law" in the investigation stage non classified cases met not restrictions, the provision is a step backwards, and the lawyers law thirty-third also conflict. This meeting with a disguised restriction and the right of the suspect's right of defense counsel for the defence, extremely easy to cause the defense lawyer right on the three cases in judicial practice has been cancelled. However, in sharp contrast with this is, "draft" in the arrest, detention, residential surveillance program, but required by these three crime can not be approved, but also the provisions of these three kinds of crime can use technical means of investigation. From the equality of the prosecution and the defense and the balance of power angle, which reflects the legislation on this three kinds of crime major deletions in the right to defense. Therefore, we propose to cancel this paragraph, or in secret cases and non classified cases to make a difference.

2, the defense rights of lawyer

"Draft" seventh "defense lawyers of the people's Procuratorate date, consult, extract, copying of the case material of the facts of the crime. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material." "Lawyers Law" provisions, the lawyer of the date since the case of prosecution, have the right to consult, extract and duplicate litigation documents and case material. The lawyer of the case by the people's court date, have the right to consult, extract and duplicate the case and all materials. "Draft" regulations, the defense lawyer may extract a copy of the case of the facts of the crime accused materials. The two obvious conflict, extremely easy to cause the judicial organ to the "archives" and "the case of the facts of the crime accused materials" understand the specific differences, on the right defense counsel marking the formation of huge obstacles. In addition, "the facts of the crime accused materials" out of criminal suspects, defendants evidence, may mean to the suspect, the defendant's lawyer unable to access materials. Therefore, we suggest, is amended as "Defender of the people's Procuratorate date, consult, extract, this case to copy all the materials. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material."

3, the defense lawyer's special investigation procedure

"Draft" Tenth "defense or to any other person, shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference proceedings of the judicial organs. In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law." We believe that, compared with the "Criminal Procedure Law" article thirty-eighth, change of subject of action and behavior is worthy of recognition, but "discriminatory" effect has not been fundamentally changed, is still a prominent lawyer, the special status of defender. In fact, in the criminal proceedings in the investigation, control, any one party debate, the problem should be punished. The lawyer is perform defense duties, cases in the investigation, prosecution, trial stage, this case without any program, the lawyers arrested, litigation structure of PDJ is lost. In addition, from the proceedings of the security, the lawyer office documents, search, seizure, should be the special program. And we are now the law without any program, the public security organ, the procuratorial organs can be directly on the defense lawyer investigation and control measures are taken, the lack of justice. Therefore, the criminal procedure law should set up special security procedures. We recommend this transformation for defense lawyers procedural provisions perjury responsibility, about thirty-eighth to forty-second, the first paragraph is revised as follows: "no person shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, not threatening, luring witnesses to give false testimony or conduct other acts of interference of judicial organ litigation activities." Increase third, "defense lawyer suspected of the acts mentioned in the preceding paragraph, the people's court can review the lawyer practice where the association of attorney. Lawyers association found that lawyers in violation of law occupation and occupation moral discipline, shall be punished in accordance with the law, suspected of a crime, the lawyers' Association shall be transferred to the judicial organ to investigate." Fourth paragraph: "lawyers increase due to violation of the first paragraph of this article, suspected of a crime, the judicial organ for a lawyer participating in the defence or agency case judicial jurisdiction. Fifth paragraph: "for the defense lawyer cases pending before, not on the defense lawyer investigation."

Two, the compulsory measures against the amendments

1, on bail, residential surveillance, detention conditions change

Since the implementation of "Criminal Procedure Law", the application rate of guaranteed pending trial and residential surveillance is relatively low, the smaller the application rate of residential surveillance, and the arrest rate is the highest. For a long time, how to give full play of bail, residential surveillance system advantages, reduce the pretrial custody, prevent the extended detention, is an important issue in criminal justice facing. "Draft" to improve the conditions of arrest and surveillance measures, the accurate application of arrest and monitoring has important practical significance to live. However, compared with the related provisions on bail and "Criminal Procedure Law" in, but no obvious improvement, the applicable conditions of bail broad still lost and fuzzy, discretion in judicial practice is too large, difficult to bail. We think, from the strict enforcement measures, the most stringent arrest, surveillance of residence times, bail relatively mild; from the necessity of application, application rate of bail should be the highest. In order to further clarify the applicable conditions of bail, it should be possible to clear the applicable conditions of arrest, surveillance of residence, for is not in conformity with the arrest and monitoring living conditions, should bail. This is to avoid "ambiguity" provisions of the draft, also to the judicial practice in improving the bail application rate and enhance the operability.

The transformation of 2, the review of Arrest Procedure

In as much as possible clear arrested, applicable condition of residential surveillance at the same time, listen to the views of all parties to ensure the rationality of the procuratorial organ, arrest. We recommend setting the procedure guarantee transparent to arrest, safeguard the legitimate rights of criminal suspects, carry on effective supervision to the prosecutor decided to arrest, to prevent the abuse of power. In 2010, the Supreme People's Procuratorate, the Ministry of public security "on the stage of review of arrest interrogation of a criminal suspect shall make provisions", to facilitate the work of lawyers on the examination of arrest, bail system which can learn from. In practice, the Peking University professor Chen Ruihua organized a "bail" test project found that hearing procedure, review of arrest, the vast majority of guarantor pending trial of criminal suspects and no removal of protection, in the case of the victim, also did not appear to victims and their families to petition, wrapped v. phenomenon, the parties to the hearing procedure also be fully approval. Visible, the arrest of the hearing procedure has strong feasibility in the judicial practice, can the effective implementation.

3, other aspects of compulsory measures to modify

The provisions of the mandatory measures, we think, should reduce the investigation organ in the execution of arrest, surveillance of residence the uncertainty in the process, to avoid the expansion and alienation caused by legislation broad investigation in judicial practice. For example, the public security organ, the procuratorial organs, the people's Court of criminal suspects, defendants bail, should go further to be clear to inform in writing the form, in order to clarify the rights and obligations; designated residential surveillance in practice often alienated into custody in disguised form; "can't notice", "notification may impede the investigation" like "pocket", as the investigation organ not notice or not timely notify the reasons for the investigation organ, violating the "excuse". At the same time, "the draft" can learn from the success of the current legislation, by balancing the judicial power to prevent the abuse of power, and the provisions of the corresponding relief measures. To review the necessity of custody after arrest, in addition to the procuratorial organs Authority puts forward, should give the suspect, the defendant and lawyer start right, otherwise only the procuratorate authority filed, there will be missing; not to close the case within the statutory period, show cases do exist in fact, evidence, even if the criminal suspect the defendant, to take coercive measures, should also apply compulsory measures lighter; the criminal suspect, the defendant, the defenders of cancellation of the compulsory measures, increase the reply to judicial organs according to law terms, otherwise, there will be presented without any reply situation in practice, rights are not guaranteed.

Three, suggestions on modification of evidence system

1, the confession and the privilege against self incrimination

"The privilege against self incrimination" embody the principle of balance of power, is one of the important embodiment of the principle of rule of law in criminal judicial field, and has been for most of the countries in the world have adopted. "Draft" fourteenth "no person shall be forced to prove himself guilty"; "draft" forty-eighth "the investigators when interrogating a criminal suspect, should be the law to inform the suspect confess to leniency". Comparison of the current "Criminal Procedure Law" ninety-third article "the suspect of investigators question, shall truthfully answer", "draft" of the two progress, but still restricted the right of silence, "confession" and "the privilege against self incrimination" have direct conflict, irreconcilable. Therefore, we suggest deleting the "draft" forty-eighth, to ensure that "the privilege against self incrimination" harmonization of legislation and judicial feasibility.

2, on the suggestion of witness system

The draft of the witness, the appraiser system made effective revision draft, however, ignores the witness does not appear on the testimony of validity constraints, not to appear in court and identification of human is not as a rule decision based on expert opinion is inconsistent, but also weakened the mandatory witness system in a certain extent. The proposal to increase the "witnesses not to testify, the testimony cannot be regarded as verdict basis of provisions."

Four, about the technical investigation, secret investigation measure to modify

Technical investigation in judicial practice is necessary, and has been applied in private, "the relevant provisions of the draft" has progressive significance, but it is in the balance of crime and the protection of privacy concerns. The present specification is obviously insufficient, should further clarify the program. Firstly, the basic principle of the public prosecutor, law restriction, in the power of citizen supervision is insufficient, can limit the public power by public power, technical investigation and the implementation of approval to separation, the public security organs shall be approved by the technical investigation, prosecution; inspection of technical investigation, approval should be the people's court; secondly, to strictly regulate the technical investigation of the time, frequency and time. "Draft" regulations, an approval of technical investigation time is three months, can continuous approval, theory is that there is no time limit. Therefore, we think, should be strictly second approval conditions, in the examination and approval of the time, the number of strictly limited. Finally, to the establishment of technical investigation behavior of ultra vires relief mechanism, once the investigation organs abuse of technical investigation, we must start the exclusion of illegal evidence.

Five, about the trial program revision suggestions

1, the public prosecution cases in the first instance procedure should not be full volume transfer suggestions

In the litigation structure the trial, the judge should remain neutral, according to independent trial. The current "Criminal Procedure Law" provisions, the procuratorial organs in the trial before the court only transfer the main evidence, the witness list, and "draft" will this modification for the procuratorial organs in the trial of former the archival materials, the evidence to the court. It is the guarantee of the defense case marking, but also a cause for concern?? the judge to see all the files in the pre-trial, will produce First impressions are strongest, produce prejudgment, and even set after the first trial. This situation is very common before 1996, "Criminal Procedure Law" has to be improved, and the "draft" reverse too at this point. We think, defense lawyer case marking is worthy of recognition, but the trial court judges should not have the case marking in before the court, the provisions of this article once achieved, lawyers have been marking the right, but at the cost of the judge could pretrial see full volume, set after the first trial, the situation will be a large number of the emergence, back to 1979. Therefore, we suggest deleting this provision.

2, simple program revision

"Draft" made a great expansion of the summary procedure is a large number of criminal cases, the basic people's courts shall apply the summary procedure. The summary procedure is applied and a verdict of guilty is very close, it is suitable for a wide range, high proportion, will directly determine the quality of criminal justice. The provisions of the draft, the application of summary procedure should ask the defendant's consent, this is progress. The defendant form of voluntary confession, and potentially be forced, the risk of fraud, the defendant itself and the lack of professional knowledge of law, in the absence of a lawyer's help, its rights may be violated. Therefore, suggested that the increase, the people's court shall apply the summary procedure cases, criminal suspects without a defender, the people's court shall provide legal assistance to the appointed lawyer.

The simple procedure is relatively simple and ordinary procedure, but the sentencing procedures should not apply summary procedure, "the draft" failed to reflect the independence of the sentence procedure cases in the summary procedure.

3, the procedure of second instance modification

"Compared to the draft" in the provisions on trial of second instance and the provisions of the criminal procedure law, reversal. "Criminal procedural law" the regulation is the court is not the court, is the exception; and "draft" a mere list shall open a court case, in addition will not hearing. We think, this will directly lead to the second form, leaving space for the misjudged case. Trial of second instance is the basic guarantee for the defendant, criminal defense lawyer. Therefore, we suggest that, the defendant, private prosecutor, the court agent and counsel, if the second instance court, court of second instance shall open a court session; or directly for appeal and appeal cases, the people's Court of second instance shall trial. In judicial practice, the court of second instance in the principle of existing examples, such as the criminal cases of second instance in Taizhou province Zhejiang City Intermediate People's court will be hearing.

Six, about the death penalty review program revision

The death penalty review right since 2007 to recover the Supreme People's court, the quality of security to ensure that the death penalty cases, less kill, kill carefully played an important role. But the Supreme People's court a written examination way, limited and lawyers to participate in the program, this program is covered with a layer of the veil, the program's lack of transparency, the fairness to be in doubt.

The modification of the draft has been improved to facilitate the review procedure of death penalty transparency, but still does not solve the fundamental problem. The draft stipulates that "the Supreme People's court review of death penalty cases, listen to the opinions of the defender". Empirical research is the right that law firms from 2007 to 2009 on the death penalty cases, according to the current law, in the death penalty, lawyers can only with the Supreme People's court office contact, not to know who is the judge in charge of the case, the lack of contact with the law officer of the channel. In this case, to listen to the counsel may become empty. At the same time, in practice, many lawyers in the death penalty review stage in the case, did not participate in the first instance, the second instance, and the Supreme People's court is not arranged, met with lawyers, lawyers to understand the case? In the full understanding of the case can not be the case, and how to counsel opinion? The death penalty review results do not serve a defence lawyer, has also led to the program's lack of transparency. Is the right law firm from 2007 free handling death penalty cases, through empirical research found that the problems existed in the death penalty review procedure. Therefore, we think, the Supreme People's court review of death penalty cases, within three days from the date of receiving the death penalty cases, it shall notify the defendant, the Supreme People's Procuratorate consult, copy, excerpt archives; shall arrange the lawyer meet the defendant, marking the death penalty; nuclear results shall be served to the defense lawyer

About the criminal law amendment (Draft) comments

A draft, third, thirty-third shall be amended as: "the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, has the right to entrust defenders. In the period of investigation, can only be entrusted lawyer. The investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, shall inform the criminal suspect has the right to entrust defenders. The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders.

"The accused has the right to entrust defenders at any time. The people's court after accepting a case of private prosecution, within three days, should inform the defendant has the right to entrust defenders.

"The defenders by criminal suspect, defendant after commissioning, it shall timely inform the cases handled by the judicial organs."

Comments: the third draft is amended as: one paragraph is added as the third paragraph, ", criminal suspects, defendants are to take custody of compulsory measures, their close relatives to entrust defenders."

The third paragraph is revised as the fourth paragraph, the content of the same.

Two, draft fifth, thirty-fifth shall be amended as: "the responsibility of a defender shall according to the facts and the law, materials and opinions put forward the suspect, the defendant not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the litigation rights and other lawful rights and interests."

Comments: the fifth draft is amended as: "the defender responsibility", to "defense duties".

Three, draft seventh, thirty-sixth to two, as thirty-seventh, thirty-eighth, amended as:
"Thirty-seventh defense lawyers with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant.

"Defense lawyer to lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange to meet, not later than forty-eight hours.

"The lawyer meets with the criminal suspect in custody, the defendant, can learn about the case, to provide legal consulting; since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence. Defense lawyers met the suspect, the defendant is not to be monitored.

"The crime of endangering national security, terrorism crime cases, major bribery crime in the period of investigation, lawyers to meet with the criminal suspect, it shall obtain the permission of the investigation organ. For these cases, the investigation organ shall notify the.
"Defense lawyer with the criminal suspects, defendants met, communication, provisions of the first paragraph of this article, paragraph third, paragraph fourth.

"Thirty-eighth defense lawyers of the people's Procuratorate date, consult, extract, copying of the case material of the facts of the crime. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material."

Amendments to the draft is amended as: seventh:

The second paragraph is revised as follows: "defense lawyer to lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange for the meeting. If not arranged to have the lawyers met, the suspect, the defendant's confession at this stage can not be used as the basis for a final decision.

The third paragraph is added at the last sentence: "no unit or individual is allowed to sit in the presence or interference."

(scheme fourth) will be deleted.

(two) the fourth paragraph is revised as follows: "the case involves state secrets, the defense lawyer investigation during the meeting with the criminal suspect,
Shall be approved by the investigation organ, investigation machine should be in receipt of the application, from the meeting give a written reply within forty-eight hours."

(corresponding to the fourth paragraph of program) the fifth paragraph is revised as follows: "defense lawyer with the criminal suspects, defendants met, communication, provisions of the first paragraph of this article, paragraph third of the.

(corresponding to the fourth paragraph two) fifth content unchanged.

The sixth paragraph is revised as follows: "charged with the material of the facts of the crime" is amended as "all the materials of the case".
One paragraph is added as the seventh paragraph: ", the people's Procuratorate prosecution after accepting the case, it shall timely notify the defense lawyer marking."

Four, draft tenth, thirty-eighth to forty-second, the first paragraph is revised as follows: "defense or to any other person, shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses perjury and other interference in the judicial litigation activities."

Amendments to the draft is amended as: tenth:
"No person shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference proceedings of the judicial organs."

One paragraph is added as the third paragraph:, "defense lawyer suspected of the acts mentioned in the preceding paragraph, the people's court can review the lawyer practice where the association of attorney. Lawyers association found that lawyers in violation of law occupation and occupation moral discipline, shall be punished in accordance with the law; suspected of a crime, the lawyers' Association shall be transferred to the judicial organ to investigate.

One paragraph is added as the fourth paragraph: "lawyers, for violation of the first paragraph of this article, suspected of a crime, the judicial organ for a lawyer participating in the defence or agency case judicial jurisdiction.

One paragraph is added as the fifth paragraph: ", for in cases pending before the defense lawyer, not on the defense lawyer investigation."

Five, draft article eleventh, one article is added as Article forty-sixth: ", and information about the client lawyer known in practice, have the right to keep confidential. However, lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely report to."

Comments: the eleventh draft is amended as: "the situation and the information about the client lawyer known in practice, have the right to keep confidential.

Six, draft fifteenth, forty-fifth changed to fifty-first, one paragraph is added as the second paragraph: "material evidence, documentary evidence, material administrative organs collected in the process of administrative law enforcement, the judicial organs shall verify, can be used as evidence."
Revision: delete the fifteenth draft.

Seven, draft twenty-fifth, fifty-first to sixty-fourth, is amended as: "the people's courts, the people's procuratorates and the public security organ for any of the following circumstances 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) detention period expires, the case has not yet completed, need to take recognizance measures.
"Bail shall be executed by a public security organ."

Amendments to the draft: the first paragraph of article twenty-fifth is amended as: "the people's courts, the people's procuratorates and the public security organs are not in compliance with the arrest and monitor the living conditions, but not to take coercive measures may affect proceedings of criminal suspects, defendants, should be guaranteed pending trial."

Eight, draft twenty-sixth, fifty-second to sixty-fifth, is amended as: "the criminal suspect in custody, the defendant and his legal representative, close relatives, the defender has 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."

Comments: the twenty-sixth draft is amended as: "the criminal suspect in custody, the defendant and his legal representative, close relatives, the defender has the right to apply for alteration of the compulsory measures, the people's court, the people's Procuratorate, the public security organ shall listen to the suspect, the defendant and the opinions of the defender. Receive request the people's court, people's Procuratorate or public security organ, it shall make a written decision within three days; does not agree to the change of coercive measures, it shall inform the applicant in writing, and explains the reasons for disapproval."

Nine, draft twenty-eighth, fifty-sixth to three, as sixty-ninth, seventieth, seventy-first, amended as:
"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 ago report to the executing organ;
"(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 courts, 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) may not engage in certain activities;
"(four) will 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 to arrest.

"For breach of bail provisions, need to be arrested, the suspect, defendant custody.

"It shall decide authority seventieth bail consider guarantees the litigation activities of the social risk, bail people, plot, nature of the case, may be sentenced to a punishment, is released on bail pending trial of economic situation, determine the deposit amount.

"Bail bond amount is determined, 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 to the bank for the refund of deposit."

Comments: in the second paragraph of draft twenty-eighth amendment to:

"The people's courts, 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, and written informed: (and other content is not modified)

Ten, draft article twenty-ninth, one article is added as article seventy-second,: "the people's court, the people's procuratorates and the public security organs in accordance with 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) because of the need for the special circumstances of the case or the handling of cases, take measures are more suitable for residential surveillance;
"(four) detention period expires, the case has not yet completed, need to residential surveillance measures.
"In accordance with the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, or residential surveillance.

"Residential surveillance shall be executed by a public security organ."

Amendments:

A: delete the twenty-ninth draft.
Scheme two: the twenty-ninth draft is amended as: "the people's courts, the people's procuratorates and the public security organs in accordance with the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, ought to residential surveillance:
(a) with a serious disease, the life cannot provide for oneself;
(two) pregnant or breast-feeding her baby.

Eleven, draft article thirtieth, one article is added as article seventy-third,: "residential surveillance shall execute the criminal suspects, defendants in place; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorist crimes, major bribery, residence in the execution 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 specified in the place of custody, special case handling place execution.

"The specified home residential surveillance, in addition to not notice or suspected of crimes of endangering national security, terrorism crime, beyond notification would hinder the investigation situation may be, ought to residential surveillance and enforcement of the premises, in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people.

"The specified home residential surveillance, 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."

Amendments to the draft: the first paragraph of article thirtieth is amended as: "residential surveillance shall be carried out in the criminal suspect, the defendant's residence; such as the criminal suspect, the defendant's in another place, the public security organ may entrust the remote execution."

Delete second, paragraph three or four.

Twelve, draft article thirty-first, one article is added as article seventy-fourth,: "specified period home residential surveillance shall be offset. Criminals sentenced to public surveillance, 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."

Revision: delete the thirty-first draft.

Thirteen, draft thirty-fifth, sixtieth to eightieth, is amended as: "to 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 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, forgery, hiding evidence, witnesses or collusion of interference;
"(four) to the victims, informants, may take revenge against people of implementation;
"(five) may 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 may be sentenced penalty above, once an intentional crime or unidentified suspects, the accused, should be arrested.

"Have been released on bail pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance shall, if the circumstances are serious, can be arrested."

Amendments to the draft: the first paragraph of article thirty-fifth is amended as: " there is evidence on the facts of the crime, the criminal suspect, the defendant is under any of the following circumstances, it shall be:

(a) may implement the new crime;
(two) the real danger endanger national security, public security or public order;
(three) may destroy, forgery, hiding evidence, witnesses or collusion of interference;
(four) the victim, informants, may take revenge the complainant implementation;
(five) may Dutch act or escape.

Fourteen, draft thirty-sixth, sixty-fourth to eighty-fourth, the second paragraph is revised as follows: "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, terrorism and other serious crimes, other than the notification would hinder the investigation situation may be, should give the reasons for detention and the place, in the detention within twenty-four hours after notification, the detainee's family."

Comments: the thirty-sixth draft is amended as: "the arrest, the detainee shall immediately send custody cannot be ascertained, in addition to the detainee's identity, should give the reasons for detention and the place of detention, in twenty-four hours after notice of detained, the families of the people; no family, shall his work unit or the grass-roots villagers notice or residents of autonomous organizations."

Fifteen, draft article thirty-eighth, one article is added as article eighty-seventh, "review: People's Procuratorate approved the 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 listen to the views of the defense lawyer; lawyer requested shall listen to the opinions, defense lawyer."

Amendments to the draft: the first paragraph of article thirty-eighth is amended as: "the people's Procuratorate for examination and approval of arrest, it shall interrogate the criminal suspect and listen to the opinions of the defender. The criminal suspect or the defendant that do not meet the conditions of arrest or investigation activities have serious illegal act, the people's Procuratorate shall conduct the hearing."

The second paragraph is revised as follows: "hearing presided over by the people's Procuratorate, the investigation organ shall provide the suspect with material and the reason of the conditions of arrest, the criminal suspect and defendant can provide the suspect does not conform to the material and the reason of the conditions of arrest. The two sides can debate. The people's procuratorate according to both provide materials and opinions, make a written decision on whether to approve the arrest, and explain the reasons."

Sixteen, draft thirty-ninth, seventy-first to ninety-second, the second paragraph is revised as follows: "after the arrest, it shall immediately be arrested for custody. In addition to not notice or suspected of crimes of endangering national security, terrorism and other serious crimes, other than the notification would hinder the investigation situation may be, should be arrested and custody premises, within twenty-four hours after the arrest, notify the family of the arrested person."

Comments: the thirty-ninth draft is amended as: "after the arrest, it shall immediately be arrested for custody. In addition to the identity of the person who cannot be ascertained was arrested outside, should give the reasons for detention and the place of detention, in twenty-four hours after notification, the family of the arrested person; no family, work units should notice or the grass-roots villagers or residents of autonomous organizations."

Seventeen, draft article fortieth, one article is added as article ninety-fourth,: "the suspect, the defendant was arrested, the people's Procuratorate shall still the necessity of the detention review. For the detention is not necessary, should be recommended to be released or alteration of the compulsory measures."

Amendments to the draft is amended as: fortieth:

One paragraph is added as the second paragraph: ", the criminal suspect, the defendant was arrested, criminal suspects, defendants and their counsel have the right to apply for the necessity of the detention review, the people's Procuratorate shall review, and will review the results to reply in writing."

Eighteen, draft forty-first, seventy-fourth to ninety-sixth, is amended as: "the 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,; the trial, the criminal suspect, the defendant can bail or residential surveillance."

Comments: the forty-first draft is amended as: "residential surveillance or" delete.

Nineteen, draft forty-second, seventy-fifth to ninety-seventh, is amended as: "the people's courts, the people's Procuratorate or public security organs to be taken of criminal suspects and defendants, compulsory measures shall release the statutory period expires, lifting 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."

Amendments to the draft is amended as: forty-second:

One paragraph is added as the second paragraph: ", the people's court, the people's Procuratorate, the public security organ shall, within three days to respond in writing to any."

Twenty, draft article forty-fifth, one article is added as article 114th,: "the parties and the defender, agent ad litem, interested party considers that the judicial organs and their staff in any of the following acts, infringe upon their legitimate rights and interests, have the right to appeal or accusation of the judicial organs:
"(a) to take coercive measures the statutory time limit expires, not to be released, dissolution or change of compulsory measures;
"(two) shall refund the bail deposit not to return;
"(three), seizure, seizure of illegal raids, freezing and other investigative measures;
"(four) shall cancel the seizure, seizure, freezing not to release;
"(five) prevents the defenders and agents ad litem, shall perform their duties according to law.

"The admissibility of the complaint or accusation shall be timely treatment. To handle the appeal, can be to the same level or the people's Procuratorate at a higher level appeal. The people's Procuratorate shall timely examine the complaint, it may be necessary to carry out investigation to verify the relevant situation; for the case, be corrected according to law."

Amendments to the draft: the first paragraph of article forty-fifth amended as:

Add a, as sixth: "(six) other violations, the defender, agent ad litem, stakeholder litigation rights and other lawful rights."

The second paragraph is revised as follows: "the admissibility of the complaint or accusation shall be timely treatment. To handle the appeal or judicial authority within three days without a written reply, the claimant may appeal to the people's Procuratorate at the next higher level. The people's Procuratorate shall timely examine on the appeal, and after receiving the appeal within three days of hearings, the complainant complaint request, reasons and relevant evidence, the respondent organs for defense, the two sides can debate with each other. The people's Procuratorate shall, at the end of the hearing, in written form within three days to make a decision."

Twenty-one, draft forty-eighth, ninety-third changed to 117th, one paragraph is added as the second paragraph: "when, the investigators suspect, should the law to inform the suspect confess to leniency."

Revision: delete the law of criminal procedure ninety-third; deleted forty-eighth draft.

Twenty-two, draft article fifty-sixth, in the second part second chapter seventh section after the increase, as in section eighth:

"Section eighth investigation

"Article 147th 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 procuratorates 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.

"Hunt is wanted or approved, and decided to arrest the escaped criminal suspects, defendants, approved, technical investigation measures can be taken to hunt the necessary.

"Technical investigation measures shall be executed by a public security organ.

"148th approval decisions should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. The decision of approval issued since the date is valid for 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.

"149th take the measures of technical investigation, should be strictly in accordance with the approved measures types, objects and for the implementation.

"The investigators for the state secrets, to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential, to take measures of technical investigation; the case had nothing to do with information and facts and materials, shall be destroyed without delay.

"Take 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.
"150th in order to find out the truth, when necessary, by the public security organ at the county level or above the person responsible for the decision, by specific personnel to carry out the secret investigation.

"The implementation of secret investigation, may induce others to crime, not methods may endanger public safety or serious personal danger.
"The illegal benefit drug product 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 151st in accordance with the provisions of this section to investigative measures collected materials can be used as evidence in criminal proceedings.

"For through the implementation of secret investigation to collect evidence, if the use of such evidence may endanger the personal safety of specific personnel, or may have other serious consequences, shall take not to expose the true identity of specific personnel protection measures, when necessary, by the judge in the court to verify evidence."

Amendments to the draft: the first paragraph of article fifty-sixth is amended as: "the public security organs in the case, for the crime of endangering national security, organized crimes of the underworld, serious drug crime or other serious harm to society of criminal cases, according to the need for crime investigation, the approval of the people's Procuratorate at the next higher level, can adopt the measures of technical investigation.

The second paragraph is amended as "the people's procuratorates 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, approved by the people's court at a higher level, can adopt the technical investigation measures."

The third paragraph is revised as follows: "hunt is wanted or approved, and decided to arrest the escaped criminal suspects, defendants, approved by the people's Procuratorate at the next higher level, technical investigation measures can be taken to hunt the necessary.

Fifth paragraph: "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 effectively within a month. 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, the approval of the people's Procuratorate or the people's court, the validity period may be extended, each time shall not exceed one month, limited to two."

The sixth paragraph is revised as follows: "149th take the measures of technical investigation, should be strictly in accordance with the approved measures types, objects and for the implementation. Such as violation of provisions of the approved technical investigation, the obtained evidence shall be excluded, can not be used as the basis for a final decision."

The tenth paragraph is revised as follows: "150th in order to find out the truth, when necessary, the people's Procuratorate at a higher level or by decision of a people's court, by specific personnel to carry out the secret investigation."

The thirteenth paragraph is revised as follows: "article 151st in accordance with the provisions of this section to investigative measures collected materials can be used as evidence in criminal proceedings. For the technical investigation in violation of provisions, the obtained evidence shall be excluded, can not be used as the basis for a final decision."

Twenty-three, draft article fifty-eighth, one article is added as Article 158th,: "the investigation organ in the case investigation before the end, can listen to the counsel's opinion, and indicate in the record. Defense lawyers put forward written opinions, shall be attached."

Amendments to the draft: fifty-eighth in the "can" is amended as "shall be".

Twenty-four, draft sixtieth, 134th to 164th, is amended as: "the people's procuratorates custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within fourteen days. 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; if further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance."

Comments: the sixtieth draft is amended as: "the people's procuratorates custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within fourteen days. Under special circumstances, a decision to arrest time can be extended by one to three days. Does not meet the conditions for arrest, he shall be released immediately; if further investigation is necessary, and in line with the bail conditions, according to the law of bail."

Twenty-five, draft sixty-second, 141st to 171st, is 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 the materials in the case, the evidence to the the people's court."

Revision: delete the sixty-second draft.

Twenty-six, draft sixty-third, 150th to 180th, is amended as: "the people's court for prosecution review, for the indictment with clear criminal facts and with the evidence, it shall decide the trial."

Revision: delete the sixty-third draft.

Twenty-seven, draft article sixty-seventh, one article is added as article 186th,: "the testimony of a witness has a significant impact on the sentencing, and the public prosecution has objection, parties concerned or defender, agent ad litem, or the people's court found the witness appearing in court as a witness is necessary, the witness should appear in court as a witness.

"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 of objections, or 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."

Amendments to the draft: the first paragraph of article sixty-seventh is amended as follows: in the first sentence: "the last increase of witness refusing to testify in court, witness testimony is not as the verdict evidence.

Twenty-eight, draft article seventy-second, one article is added as article 199th,: "during the course of the trial, one of the following circumstances, the case can not continue for a long time trial, may suspend the trial:

"(a) the defendant, private prosecutor who is suffering from a serious disease, unable to appear in court;
"(two) the defendant escape;
"(three) due to irresistible.
"The disappearance reason to suspend the trial after the trial, should be restored. To suspend the trial period are not included in the trial period."

Amendments to the draft: seventy-second the third item of the first paragraph is revised as follows: "(three) due to natural causes cannot resist the."

Twenty-nine, draft seventy-third, 168th to 201st, the first paragraph is revised as follows: "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 155th 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, and may be extended for two months. Because of the special circumstances of the case also need to extend the trial period, the approval or decision by the Supreme People's court."

Comments: the seventy-third draft is amended as: one paragraph is added as the second paragraph: ", the people's court to extend the trial period, should be approved or hearing within three days from the date of extension, notify the parties concerned, the defender, agent ad litem, and inform the extended trial period period and the reasons.

Thirty, draft seventy-fourth, 174th to 207th, is amended as: "the jurisdiction of the basic people's court case, also meet the following conditions, the people's court may apply summary procedure for trial:

"(a) the case facts are clear, the evidence sufficient;
"(two) the accused confess their crimes, the indictment alleged criminal facts without objection;
"(three) the defendant has no objection to the application of summary procedure.
"The people's procuratorates in the prosecution, the people's court apply summary procedure can be recommended."

Amendments to the draft: seventy-fourth the third item of the first paragraph is amended as: "the defendant, the defender has no objection to the application of summary procedure."

One paragraph is added as the third paragraph: ", the decision of a people's court for a case in summary procedure, if the accused does not entrust a defender, the people's court shall inform the legal aid institutions appoint lawyers to defend the."

Thirty-one, draft Seventy-eighth, 176th to 211st, is amended as: "the summary procedure applies to the trial of the case, the defendant may make a statement and defense indictment alleged crime. With permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem."

Comments: the Seventy-eighth draft is amended as: "the summary procedure applies to the trial of the case, the defendant may make a statement and defense indictment alleged crime, comment and sentencing. With permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem."

Thirty-two, draft eighty-one, 187th to 222nd, 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 trial of facts, evidence of objection, the people's Court of second instance that 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 people's Court of second instance shall hold a hearing that other cases.
"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."

Amendments:
A: the eighty-first draft is amended as: "the people's Court of second instance cases on appeal, the people's Procuratorate protest, shall be trial."
Delete paragraph second.

Scheme two: will draft the first paragraph of article eighty-first an increase, as fifth: "(five) the appellant or his lawyer asked to open a court session."
Second retained.

Thirty-three, draft article eighty-sixth, one article is added as article 239th,: "the Supreme People's court review of death penalty cases, it shall interrogate the defendant, to listen to the opinions of the defender.
"In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court."

Amendments to the draft is amended as: eighty-sixth:
One paragraph is added as the third paragraph: ", the Supreme People's court within three days from receiving the death penalty review cases date, shall notify the defendant, the Supreme People's Procuratorate to consult, copy, excerpt the materials."
One paragraph is added as the fourth paragraph: ", the Supreme People's Procuratorate, the defender has the right to meet the defendant."
One paragraph is added as the fifth paragraph: ", the Supreme People's court shall be the death penalty review results of the decision to the defender and the Supreme People's procuratorate."