2012The latest amendment to the criminal procedural law of the

   

  (by March 14, 2012 eleventh session of the National People's Congress fifth conference) eleventh session of National People's Congress fifth conferenceDecide the following modifications to the "Criminal Procedure Law of the people's Republic of China":

Modify the terms:

A,Second shall be amended as: "the criminal procedure law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively accomplice to fight crime, safeguard the socialist legal system, respect for and protection human rights, the protection of citizens' rights of the person, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction."

Two,The fourteenth paragraph is amended as: "the people's courts, the people's procuratorates and the public security organs shall safeguard the criminal suspects, defendants and other participants in the proceedings shall have the right to counsel and other litigation rights."

Delete paragraph second.

Three,Twentieth shall be amended as: "the intermediate people's courts shall have jurisdiction over the following criminal cases of first instance:

"(a) to endanger national security, terrorism cases;

"(two) may be sentenced to life imprisonment, the death penalty cases."

Four,Thirty-first shall be amended as: "a challenge under this chapter shall apply to court clerks, interpreters and identification of human.

"The defender, agent ad litem may require avoidance, apply for reconsideration in accordance with the provisions of this chapter."

Five,Thirty-third shall be amended as: "the suspect since the first interrogation by the investigatory organ or coercive measures taken to date, has the right to entrust defenders; in the investigation period, can only be entrusted lawyer. The accused has the right to entrust defenders at any time.

"When the investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, it 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 people's court shall accept the case within three days, it shall inform the defendant has the right to entrust defenders. The suspect, the defendant in custody requests entrust a defender, the people's court, the people's procuratorates and the public security organs shall promptly convey the requirements.

"The suspects, defendants in custody, also by the guardian, close relatives to entrust defenders.

"The defenders by criminal suspect, defendant after commissioning, it shall promptly inform the court authority."

Six,Thirty-fourth shall be amended as: "the suspect, the defendant due to financial difficulties or other reasons, has not entrusted a defender, and near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the.

"The suspect, the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct, not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.

"The suspect, the defendant who may be sentenced to life imprisonment or death, did not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the."

Seven,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."

Eight,One article is added as Article thirty-sixth,: "defense counsel in the investigation period can provide legal assistance for criminal suspects; complaints, charges; apply for alteration of the compulsory measures; to the investigation organ about the crime suspect guilty and case, put forward opinions."

Nine,The thirty-sixth changed 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 crime of endangering national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ. Of these cases, the investigation organ shall notify the.

"The lawyer meets with the criminal suspect in custody, the defendant, the understanding of the circumstances of 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.

"Defense lawyer with the criminal suspects, defendants met, communication, applies the first, third, fourth.

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

Ten,Increased two, as thirty-ninth, fortieth:

"Article thirty-ninth the defender believes in the investigation, prosecution during the public security organs, people's Procuratorate collected prove the criminal suspect, the defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court.

"Article fortieth of criminal suspects defender collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate."

Eleven,The thirty-eighth changed to forty-second, is amended as: "to defend or 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 of judicial litigation activities.

"In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law, defendants suspected of a crime, the case shall be undertaken by outside counsel for the investigating authority. The defender is a lawyer, it shall timely notify the law firm or the lawyers' association."

Twelve,Increased two, as forty-sixth, forty-seventh:

"And the information about the forty-sixth defense attorney known in practice, have the right to keep confidential. However, defense 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 inform the.

"Article forty-seventh the defenders and agents ad litem, think that the public security organs, people's Procuratorate, the people's court and its personnel impede their exercise their litigation rights according to law, have the right to sue to the same level or the people's Procuratorate at a higher level to file a complaint or. The people's Procuratorate to appeal or accusation shall timely carry out the examination, is the case, notify the relevant authorities to rectify."

Thirteen,The forty-second (The first paragraph of the article on the evidence of the original definition: "all facts that prove the true circumstances of a case, is the evidence.")Changed to forty-eighth, is amended as: "can be used to prove the facts of the caseMaterial Science, is evidence.

"Evidence includes:

"(a) evidence;

"(two) documentary evidence;

"(three) the testimony of a witness;

"(four) statement of the victim;

"(five) the suspect, the defendant confession and exculpation;

"(six) the expert opinion;

"(seven), an inquest or examination, identify, Investigative Experiment record;

"(eight) of audio-visual materials, electronic data.

"The evidence must be verified before it can be taken as a basis."

Fourteen,One article is added as Article forty-ninth,: "the burden of proof the defendant guilty of the criminal prosecution shall be borne by the people's Procuratorate, the burden of proof of defendant guilty the case of private prosecution shall be borne by the private prosecutor."

Fifteen,The forty-third changed to fiftieth, is amended as: "the judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods, no person shall be forced to prove himself to be guilty. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, can be brought in to help the investigation."

Sixteen,The forty-fifth changed to fifty-second, one paragraph is added as the second paragraph: ", the administrative organ in the administrative law enforcement and investigation to collect evidence, documentary evidence in the case, audio-visual materials, electronic data evidence, in criminal proceedings can be used as evidence."

The second paragraph to paragraph third, amended as: "involving state secrets, commercial secrets, personal privacy shall be kept confidential evidence."

Seventeen,The forty-sixth changed to fifty-third, is amended as: "of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is reliable and sufficient, can the defendant is found guilty and sentenced to a criminal punishment.

"The evidence is reliable and sufficient, the applicant shall meet the following conditions:

"(a) the conviction and sentencing facts have evidence;

"(two) according to the verdict evidence are verified by the statutory procedures;

"(three) comprehensive evidence of the case, the fact is beyond reasonable doubt."

Eighteen,To increase five, fifty-fourth, fifty-fifth, as fifty-sixth, fifty-seventh, fifty-eighth:

"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.

The process of "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 in the legitimacy of evidence gathering process, 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.

"For the fifty-eighth article 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."

Nineteen,The forty-seventh changed to fifty-ninth, is amended as: "the 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."

Twenty,Increased two, as sixty-second, sixty-third:

"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 several protection measures:

"(a) individual information is not publicly real full name, address and work units;

"(two) to take not to expose the appearance, voice of such measures to testify in court;

"(three) persons are prohibited from contacting witnesses, specific identification, 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 courts, the people's Procuratorate, public security organ shall take protective measures, the relevant units and individuals shall cooperate with the.

"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 unit of the witness, the unit shall not deduct explicitly or implicitly wages, bonuses and other benefits."

Twenty-one,The fifty-first changed to sixty-fifth, is amended as: "the people's courts, 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) with severe disease, 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 shall be executed by a public security organ."

Twenty-two,The fifty-fifth changed to sixty-eighth, is amended as: "the 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.

"The guarantee, in violation of this law the sixty-ninth regulation behavior, guaranteed party fails to perform the obligations of the guarantor guarantees, impose a fine, which constitutes a crime, shall be investigated for criminal responsibility according to law."

Twenty-three,The fifty-sixth changed 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 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 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) the passports and other travel documents, driver's license to executing organ preservation.

"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 residential surveillance, he shall be arrested.

"The 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, nature, circumstances of case, may be sentenced to a punishment, is released on bail pending trial of economic situation, determine the deposit amount.

"Provide the 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."

Twenty-four,To increase three, seventy-second, seventy-third, as of seventy-fourth:

"Article seventy-second the 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."

Twenty-five,The fifty-seventh changed to seventy-fifth, is amended as: "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."

Twenty-six,One article is added as article seventy-sixth,: "executive organ of 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 to be for residential surveillance of criminal suspects."

Twenty-seven,The sixtieth changed to seventy-ninth, is amended as: "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) to the victims, informants, may take revenge against people of implementation;

"(five) Dutch act or attempt to 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.

"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."

Twenty-eight,The sixty-fourth changed to eighty-third, 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, 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."

Twenty-nine,The sixty-fifth changed to eighty-fourth, is 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."

Thirty,One article is added as article eighty-sixth, "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."

Thirty-one,The seventy-first changed to ninety-first, the second paragraph is revised as follows: "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."

Thirty-two,One article is added as article ninety-third,: "the 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."

Thirty-three,The fifty-second changed to ninety-fifth, is amended as: "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."

Thirty-four,The seventy-fourth changed 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; needs continued verification, trial, the criminal suspect, the defendant can bail or residential surveillance."

Thirty-five,The seventy-fifth changed to ninety-seventh, is amended as: "the 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 change 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."

Thirty-six,The seventy-seventh changed to two, as ninety-ninth, 100th, amended as:

"The ninety-ninth 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, the relevant provisions of the civil procedure law applicable."

Thirty-seven,One article is added as Article 101st,: "people's court the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling."

Thirty-eight,The seventy-ninth changed to 103rd, one paragraph is added as the fourth paragraph: ", 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, not to extend for holidays."

Thirty-nine,One article is added as Article 115th,: "the parties 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 cancel the seizure, seizure, freezing not released;

"(five), embezzlement, corruption, or replacement, in violation of the provisions of using the seizure, seizure, freezing the 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."

Forty,The ninety-first changed to 116th, one paragraph is added as the second paragraph: "in the future, the suspects were sent to detention center custody for questioning, investigators, should be in detention center."

Forty-one,The ninety-second changed to 117th, is amended as: "to need not 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. 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."

Forty-two,The ninety-third changed to 118th, one paragraph is added as the second paragraph: "when, the investigators suspect, should the law to inform the suspect confess to leniency."

Forty-three,One article is added as article 121st, "the investigators: When interrogating a criminal 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, should be on the interrogation process of sound recording or video.

"Audio or video recordings shall be full, maintain integrity."

Forty-four,Cancel ninety-sixth.

Forty-five,The ninety-seventh changed to 122nd, the first paragraph is revised as follows: "the investigators asked the witness, can be carried out in the field, also can be the witness unit, residence and witness this place, when necessary, may also notify the witness to the people's Procuratorate or public security organ to provide testimony. The examination of witnesses at the scene, they shall show their work certificates, to witness the unit, residence and witness the location of questioning the witness, the people's Procuratorate or the public security organ shall present the documents."

Forty-six,Article second delete ninety-eighth.

Forty-seven,The 105th changed to 130th, the first paragraph is revised as follows: "in 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."

Forty-eight,The 108th changed to 133rd, the first paragraph is revised as follows: "in order to find out the truth, when necessary, be responsible for the public security organ for approval, investigative experiments may be conducted."

One paragraph is added as the second paragraph: "the investigation, experiments should be written transcripts, sealed by the participants signed or."

Forty-nine,The 110th changed to 135th, revised 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."

Fifty,The second part second chapter sixth section, the 158th in the "seizure" is amended as "attachment, seizure".

Fifty-one,The 114th changed to 139th, is 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 seizure, seizure of property, documents, shall be properly kept or sealed up, shall not use, exchanged or damaged."

Fifty-two,The 115th changed to 140th, is amended as: "to 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."

Fifty-three,The 117th changed to 142nd, is 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."

Fifty-four,The 118th changed to 143rd, is amended as: "to 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."

Fifty-five,The 120th changed to 145th, is amended as: "after verification, should write the appraisal opinions, and signature.

"Identification of intentionally makes a false verification, he shall assume legal responsibility."

Fifty-six,The 121st, the 157th in the "conclusion" is amended as "expert opinion".

Fifty-seven,In the second part second chapter seventh section after the increase, as in section eighth:

"Eighth measures of technical investigation

"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 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, in accordance with the relevant authorities.

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

"149th approval decisions 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.

"150th take the measures of technical investigation, should be strictly in accordance with the approved measures, applicable objects and limit types.

"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.

"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.

"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 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 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."

Fifty-eight,The 128th changed to 158th, is amended as: "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."

Fifty-nine,One article is added as article 159th,: "in the case investigation, lawyers request, the investigation organ shall listen to the opinions of counsel, and record. Defense lawyers put forward written opinions, shall be attached."

Sixty,The 129th changed to 160th, is amended as: "the public security organs shall be the end of the investigation, the criminal facts are clear, evidence really, fully, and write the prosecution of submissions, together with the case file and evidence, to the people's procuratorate together with the review decision; at the same time to transfer the case to inform the criminal suspects and their counsel."

Sixty-one,The 133rd changed to 164th, is amended as: "the people's procuratorates custody in a case directly accepted by the people, shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate."

Sixty-two,The 134th changed to 165th, 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; for further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance."

Sixty-three,The 139th changed to 170th, is amended as: "the people's Procuratorate the case, shall interrogate the criminal suspect, to listen to the defender, the victim and his litigation representative opinions, and record. The defender, the victim and his litigation representative put forward written opinions, shall be attached."

Sixty-four,The 140th changed to 171st, the first paragraph is revised as follows: "the people's Procuratorate for examination and case, may request the public security organ to provide the evidence necessary for trial in court; it may be the fifty-fourth article of this law to collect evidence by illegal methods, may require them to make explanations of the legitimacy of evidence collection."

The fourth paragraph is revised as follows: "for the two time the supplementary investigation cases, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions of prosecution, shall make a decision not to initiate a prosecution."

Sixty-five,The 141st changed to 172nd, 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, initiate a public prosecution to the people's court, and the case file and evidence, to the people's court."

Sixty-six,The 142nd changed to 173rd, the first paragraph is revised as follows: "the suspects without criminal facts, circumstances or the fifteenth article of this law, the people's Procuratorate shall make a decision not to initiate a prosecution."

The third paragraph is revised as follows: "the people's Procuratorate decides not to prosecute cases, should the investigation of attachment, seizure, freezing the property, seizure, freezing lifting attachment. Not to be prosecuted person needs to be given administrative punishment, administrative punishment or need to confiscate the illegal income, the people's Procuratorate shall make suggestions, to the relevant competent authority for disposal. The competent authority shall timely notify the people's Procuratorate results."

Sixty-seven,The 150th changed to 181st, is amended as: "the people's court for prosecution review, with clear criminal facts in the indictment, trial shall be decided."

Sixty-eight,The 151st changed to 182nd, is amended as: "the people's court has decided to open a court session, it shall determine the members of the collegial panel, the people's Procuratorate indictment copy in ten days before the opening on the defendant and his counsel.

"In the court before the trial personnel, can be called the public prosecutor, the parties and the defender, agent ad litem, the challenge, the witness list, exclusion of illegal evidence and trial related problems, understand the situation, listen to the views of.

"The people's court to determine the date of the hearing, the hearing time, place shall notify the people's Procuratorate, summon the parties concerned, inform the defender, agent ad litem, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of. The open trial, the defendant shall announce, name, time and location of the court session three days before opening of the court session.

"These activities shall be entered in the records, by the judges and the court clerk signature."

Sixty-nine,The 152nd changed to 183rd, is amended as: "the people's Court of first instance shall be heard in public. But involving state secrets or personal privacy case, not a public hearing; cases involving commercial secrets, the parties do not apply for an open trial, can not be heard in public.

"Not a public hearing of the case shall be announced in court, shall not be heard in public reason."

Seventy,The 153rd changed to 184th, is amended as: "the people's court in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution."

Seventy-one,Increased two, as 187th, 188th:

"187th of the public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing, the people's court that the witness should testify in court, witnesses should appear in court.

"People's police crime witness its duty as a witness to testify in court, to the provisions of the preceding paragraph.

"The public prosecutor, the parties concerned or the defenders and agents ad litem, the expert opinion has the objection, the people's court that his testimony necessary, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion shall not be taken as a basis.

"188th notified by the court, the witness did not testify in court without justified reasons, the people's court may enforce the court, but the defendant's spouse, parents, children.

"Witness no justification for refusing to appear in court to testify or after, reprimand him, if the circumstances are serious, shall be approved by the president, detained for ten days following. The person being punished refuses to accept the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop."

Seventy-two,The 159th changed to 192nd, one paragraph is added as the second paragraph: ", the public prosecutor, the parties and the defenders and agents ad litem, can have the expertise to apply to the court for notification of the court, put forward the views of expert opinion to identify person."

One paragraph is added as the fourth paragraph: ", the provisions of the second paragraph of the specialized knowledge appearing in court, the relevant provisions of applicable appraiser."

Seventy-three,The 160th changed to 193rd, is amended as: "the process of trial, conviction and sentencing, on the facts, evidence should be investigated, debate.

"With the permission of the presiding judge, the public prosecutor, the defender, agent ad litem and comments on the evidence and the case and may debate with each other.

"The judge declared after the end of the debate, the defendant shall have the right to present a final statement."

Seventy-four,The 163rd changed to 196th, the second paragraph is revised as follows: "the court judgment, shall within five days of the judgment to the parties and the people's Procuratorate; regular declaratory judgment, shall be declared immediately after the verdict will be served on the parties and the people's procuratorate. Judgment shall be delivered simultaneously to the defender, agent ad litem."

Seventy-five,The 164th changed to 197th, is amended as: "the judgment shall be signed by the judicial officers and the court clerk, and specify the time limit for appeal and the court of appeals."

Seventy-six,The 165th changed to 198th, third is amended as: "the application for withdrawal and not on trial."

Seventy-seven,One article is added as Article 200th,: "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 who is suffering from a serious disease, unable to appear in court;

"(two) the defendant escape;

"(three) the private prosecutor who is suffering from a serious disease, unable to appear in court, did not entrust an agent ad litem in court;

"(four) due to irresistible.

"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."

Seventy-eight,The 168th changed to 202nd, the first paragraph is revised as follows: "the people's court shall, after accepting a case of public prosecution, in two months sentence, no later than three months. For the death penalty cases or incidental civil litigation cases, as well as the law the 156th regulation circumstances, the approval of the people's court at a higher level, can be extended for three months; because of special circumstances need to extend, be approved by the Supreme People's court."

Seventy-nine,The 172nd changed to 206th, is amended as: "the people's court in a case of private prosecution, mediation may be conducted; private prosecution before a judgment is pronounced, can arrange a settlement with the defendant or withdraw his prosecution. The provisions of this law the third mediation is not suitable in 204th cases.

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

Eighty,The 174th changed to 208th, is amended as: "under the jurisdiction of the grassroots people's court cases, in accordance with the following conditions, may apply summary procedure for trial:

"(a) the case facts are clear, the evidence sufficient;

"(two) the accused confess their crimes, the facts of the crime accused no objection;

"(three) the defendant has no objection to the application of summary procedure.

"The people's Procuratorate, the people's court apply summary procedure can be recommended."

Eighty-one,One article is added as article 209th,: "in any of the following circumstances, does not apply summary procedure:

"(a) if the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct;

"(two) have a significant social impact;

"(three) in a case of joint crime of the defendant not guilty or has any objection to the application of summary procedure;

"(four) other summary procedure is not appropriate for the trial."

Eighty-two,The 175th changed to 210th, is amended as: "the summary procedure applies to the trial of the case, may be sentenced to the punishment of three years, can be formed a collegiate bench trial, also may be tried by a single judge; in prison for more than three years of possible under, shall form panel court trial.

"Summary procedure applies to the trial of cases of public prosecution, the people's Procuratorate shall send representatives to attend the court."

Eighty-three,One article is added as article 211st,: "summary procedure applies to the trial of cases, the judges shall ask the defendant to the facts of the crime accused opinion, inform the defendant under the law applicable to the summary procedure, to confirm whether the defendant agrees to apply the summary procedure for trial."

Eighty-four,The 176th changed to 212nd, is amended as: "the summary procedure applies to the trial of cases, with permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem."

Eighty-five,The 177th changed to 213rd, is amended as: "the summary procedure applies to the trial of cases, not subject to the first section of this chapter on the deadline, interrogate the defendant, questioning the witnesses, authenticators, show under the court debate procedure evidence, limitation. However, before the judgment is pronounced, listen to the final statement of the defendant shall be."

Eighty-six,The 178th changed to 214th, is amended as: "the summary procedure applies to the trial of the case, the people's court shall accept the case within twenty days after; in prison for more than three years on may be sentenced, can be extended to one and a half months."

Eighty-seven,The 187th changed to 223rd, the first paragraph is revised as follows: "the people's Court of second instance to the following cases, shall form a collegial panel, trial:

"(a) the defendant, private prosecutor and his legal representatives on the first instance of facts, evidence objection, may affect the appeal the conviction and sentencing;

"(two) cases of appeal against the defendants were sentenced to death;

"(three) case protested by a people's procuratorate;

"(four) other shall open a court session.

"The people's Court of second instance decided not to hold a hearing, it shall interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions."

Eighty-eight,The 188th changed to 224th, is amended as: "the people's Procuratorate public prosecution case protested by a people's Court of second instance court or the people's Procuratorate at the same level, should be to send representatives to attend the court. The people's Court of second instance shall consult the files in the decision after hearing the timely notify the people's procuratorate. The people's Procuratorate shall consult the completed within one month. The people's Procuratorate to examine the case of time not included in the trial period."

Eighty-nine,The 189th changed to 225th, one paragraph is added as the second paragraph: ", the people's court ruling in accordance with the provisions of the third items of the case remanded, the defendant appealed or protested by the people's Procuratorate, the people's Court of second instance shall make a judgment or ruling according to law, shall not be remanded by the people's court re the trial."

Ninety,The 190th changed to 226th, the first paragraph is revised as follows: "the people's Court of second instance trial the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant. The people's Court of second instance remanded by the people's court to the trial of the case, in addition to the new facts of the crime, the people's Procuratorate for supplementary outside the lawsuit, the people's court shall not increase the criminal punishment on the defendant."

Ninety-one,The 196th changed to 232nd, is amended as: "the people's Court of second instance accepting a case of appeal or protest, should be concluded within two months. For the death penalty cases or incidental civil litigation cases, as well as the law the 156th regulation circumstances, the provincial, autonomous region, or municipality directly under the central government or approved by a higher people's court decision, can be extended to two months; due to special circumstances need to extend, be approved by the supreme people's court.

"The Supreme People's court appeal, appeal trial period, decided by the Supreme People's court."

Ninety-two,The 198th changed to 234Th, is amended as: "the public security organs, people's Procuratorate and the people's court for the seizure, seizure, freezing of the criminal suspect, defendant's property and the fruits thereof, shall be properly kept, for verification, and make the list, with the case. Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state.

"To use as evidence of the material shall be transferred together with the case, to be transferred, it shall be lists, photos and other documents of certification with the case.

"The judgment made by the people's court shall, properties and interests on attachment, seizure, freezing treatment.

"After the people's court verdict, the relevant authorities shall be carried out according to the properties and interests of attachment, seizure, freezing of the judgment. The stolen money seized, seizure, freezing and the fruits thereof, except to be returned to the victim, shall be turned over to the state treasury.

"The judicial personnel embezzles, misappropriates or attachment, seizure, freezing or processing property and the fruits thereof, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions."

Ninety-three,Increased two, as 239th, 240th:

"The 239th Supreme People's court shall make a review of death penalty cases, approved or not approved the death penalty verdict. For not to approve of the death penalty, the Supreme People's court may remand the case for retrial or reheard.

"The 240th Supreme People's court review of death penalty cases, it shall interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer.

"In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate, the death penalty review results."

Ninety-four,The 204th changed to 242nd, is amended as: "the party or his legal representative, close relatives of the complaint meets one of the following cases, the people's court shall re trial:

"(a) there is new evidence to prove that the original decision, ruled that the fact that there are errors, may affect the conviction and sentencing;

"(two) according to the conviction and sentencing evidence does not really, not fully in accordance with the law, should be excluded, or proof by contradiction between the main facts of the case evidence exists;

"(three), the original judgment that there is some error in the application of the law;

"(four) violating the legal procedure, which may affect the fair trial;

"(five) the judges in the trial of the case, take bribes, play favouritism and commit irregularities, perverted the law behavior."

Ninety-five,One article is added as article 244th,: "superior people's court shall order the lower court to rehear the people's court at a lower level, it shall order the people's court hearing outside; by the people's court is more appropriate, can also order the people's court."

Ninety-six,The 206th changed to 245th, is amended as: "the people's court in accordance with the procedure for trial supervision to the trial of the case by the people's court, the trial, shall form a new collegial panel of. If it was a case of first instance, shall be carried out in accordance with the procedure of first instance trial, judgment, ruling, can appeal, appeal; if it was a case of first instance shall be tried, the superior people's court case, should be in accordance with the procedure of second instance trial, judgment, ruling, is the final judgment, ruling.

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

Ninety-seven,One article is added as article 246th,: "the decision of a people's court retrial cases, need to take compulsory measures against the defendant, the people's court shall be decided by the people's Procuratorate protest; retrial cases, need to take compulsory measures against the defendant, the people's Procuratorate shall decide.

"The people's court in accordance with the procedure for trial supervision may decide to suspend the trial of the case, the original judgment, the execution of the ruling."

Ninety-eight,The 213rd changed to 253rd, the first paragraph is revised as follows: "criminal is handed over for execution of the sentence, the people's court shall be executed in the verdict within ten days after the relevant legal documents to a public security organ, a prison or other executing organ."

The second paragraph is revised as follows: "to be sentenced to death with two years reprieve, life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. To be sentenced to criminal punishment, was executed, the remaining term of his sentence in the following three months, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ."

Ninety-nine,The 214th changed to 254th, is amended as: "to be sentenced to criminal detention or, in any of the following circumstances, can the temporary execution outside prison:

"(a) have a serious need for medical treatment;

"(two) pregnant or breast-feeding her baby;

"(three) the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community.

"Sentenced to life imprisonment, with the provisions of the second case, can the temporary execution outside prison.

"To apply for medical treatment may be a danger to the society of criminals, or self injury self mutilation of criminals, not for medical treatment.

"Serious diseases on the criminal is truly, must be released for medical treatment, the hospital diagnosis and issue the documents designated by the people's government at the provincial level.

"In the delivery of the temporary execution outside prison before the execution, the people's court executed; in the delivery of execution, the temporary execution outside prison written opinions put forward by prison or detention, approved by the provincial prison administration departments or districts of the city level public security organs."

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

One hundred and one,The 215th changed to 256th, is amended as: "the decision or approved the temporary execution outside prison shall be temporary execution outside prison decided to sent to the people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month to submit the decision or approved the temporary execution outside prison authorities, decision or approved written opinions to the temporary execution outside prison authorities received the people's Procuratorate, shall be immediately re verification of the decision."

One hundred and two,The 216th changed to 257th, is amended as: "the temporary execution outside Prison Criminals, one of the following circumstances, should be promptly sent to prison:

"(a) is found not to conform to the temporary execution outside prison conditions;

"(two) a serious breach of the temporary execution outside prison supervision and management regulations;

"(three) the temporary execution outside prison after the disappearance of the circumstances, the sentence is not full.

"The decision of a people's court temporary execution outside prison criminals should be put in prison, decided by a people's court, the relevant legal documents to a public security organ, a prison or other executing organ.

"Do not accord with the temporary execution outside prison conditions of the criminals through bribery and other illegal means by the temporary execution outside prison, during the execution of sentence outside prison shall not be included in the term of execution. The criminals in the temporary execution outside prison during the escape, escape is not included in the term during execution.

"Prisoners died in the temporary execution outside prison period, the executing organ shall timely notify the prison or detention."

One hundred and three,The 217th changed to 258th, is amended as: "to be sentenced to control, probation, parole or temporary execution outside Prison Criminals, shall be subject to community correction, community correction agencies responsible for the implementation of."

One hundred and four,The 218th changed to 259th, is amended as: "to be sentenced to deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the organ executing the written notice I units and organizations at the grassroots level, place of residence."

One hundred and five,The 221st changed to 262nd, the second paragraph is revised as follows: "sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court for review ruling, and proposal for the people procuratorate carbon copy. The people's procuratorates can put forward written opinions to the people's court."

One hundred and six,Add a series, as the fifth series: "special procedures".

One hundred and seven,Add a chapter, as the fifth series of the first chapter:

The first chapter of "minor procedure of criminal case

"266th of the crime's minor to implement education, probation, save policy, giving priority to education, supplemented by the principle of punishment.

"The people's court, the people's procuratorates and the public security organs for minor criminal cases, should guarantee minors to exercise their litigation rights, protection of minors legal help, and undertaken by the judges, with minor physical and psychological characteristics of the prosecutors, investigators.

"267th of the juvenile criminal suspects, the accused does not entrust a defender, the people's court, the people's Procuratorate, the public security organ shall inform the legal aid institutions appointed a lawyer for the defence.

"Article 268th the public security organs, people's Procuratorate, the people's court for minor criminal cases, according to the situation of the juvenile criminal suspects, defendants growth experience, the causes of crime, care and education investigation.

"Article 269th of the juvenile criminal suspects, defendants should strictly limit the application of arrest. The people's Procuratorate for examination and approval of arrest and the decision of the people's court shall interrogate arrests, juvenile criminal suspects, defendants, listen to the views of lawyers.

"The detention, arrest and execution of the criminal punishment of minors and adults should be held, respectively, respectively, education management.

"Article 270th for minor criminal cases, at the time of interrogation and trial, it shall notify the juvenile criminal suspects, the legal representative of the defendant at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives may also notify the juvenile criminal suspects, defendants, on behalf of the local schools, units, place of residence or juvenile protection organizations of the scene, and the relevant record. Present legal representative may exercise the juvenile criminal suspects, the defendant's litigation rights.

"The present legal representative or other personnel that investigators violations of the legitimate rights of minors in the interrogation, trial, can give advice. The interrogation record, the court record shall be delivered to the present legal representative or other personnel to read or read to him.

"Interrogation of female juvenile criminal suspects, there should be a female staff is present.

"The trial of juvenile criminal cases, minor last statement by defendant, his legal representative may be supplementary statement.

"Asked the underage victim, witness shall apply, first, second, third.

"Article 271st for minors suspected of criminal law the fourth chapter, the fifth chapter, the sixth chapter provisions of the crime, may be sentenced to the penalty for a year, in line with the conditions for prosecution, but there is repentance, the people's Procuratorate may decide not to prosecute the conditional decision. The people's Procuratorate before making a decision of conditional non prosecution, the victim shall listen to the views of the public security organ.

"Not to prosecute the conditional decision, the public security organ for reconsideration, the victim for review or appeal, this Law shall apply to Article 175th, article 176th.

"The minor suspects and their legal representatives shall decide on the people's Procuratorate of the non prosecution of additional conditions have objection, the people's Procuratorate shall make a decision of prosecution.

"272nd not to prosecute in conditional test period, the conditional non prosecution of the minor suspects of supervision by the people's procuratorate. The guardian of the juvenile suspects, should strengthen the discipline to the juvenile criminal suspects, with the people's Procuratorate to the supervision and inspection work.

"The non prosecution of additional conditions test for a period of six months or more for less than a year, the calculation of conditional non prosecution decision from the people's Procuratorate date.

"Is the conditional non prosecution of the minor criminal suspects, shall comply with the following provisions:

"(a) to abide by the laws and regulations, submit to supervision;

"(two) reporting his activities in accordance with the provisions of the observing organ;

"(three) leave live in city, county, or relocating, organ for approval before;

"(four) received correction and education in accordance with the requirements of the observing organ.

"273rd is the conditional non prosecution of the minor criminal suspects, one of the following circumstances in the test period, the people's Procuratorate shall revoke the decision of conditional non prosecution, prosecution:

"(a) the implementation of the new crime or that the non prosecution of additional conditions before other crimes prosecution;

"(two) in violation of public security management regulations or provisions on the supervision and administration of the inspection authorities relating to the non prosecution of additional conditions, if the circumstances are serious.

"Is the conditional non prosecution of the minor criminal suspects, no such situation in the test period, the test period, the people's Procuratorate shall make a decision not to initiate a prosecution.

"The defendant when the 274th trial under the age of eighteen cases, not a public hearing. However, with the consent of the juvenile defendant or his legal representative, the juvenile defendant's school and the minors protecting organizations can be represented at.

"275th crimes under the age of eighteen, was sentenced to the punishment of five years, shall seal up the relevant criminal record.

"Criminal records are sealed, not to any units and individuals, but the judicial organ for handling the need or the relevant units according to the provisions of the state for query except. Query units according to law, shall be sealed criminal record be kept confidential.

"276th for minor criminal cases, unless otherwise stipulated in this chapter have, in accordance with the other provisions of this law."

One hundred and eight,Add a chapter, as the fifth parts with second chapters:

"The second chapter mediation in cases of public prosecution procedure

"277th of the following cases of public prosecution, sincere repentance of criminal suspects and defendants, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle:

"(a) caused by civil disputes, suspected of criminal law the fourth chapter, the fifth chapter stipulated crime, may be sentenced to three years in prison following the penalty;

"(two) in addition to outside of the malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases.

"The suspect, the defendant within five years had intentionally the crime, not the provisions of this chapter shall apply program.

"278th reconciliation, the public security organs, people's Procuratorate, the people's court shall listen to the opinions of the parties and other relevant personnel to review comments, voluntary reconciliation, legitimacy, and presided over the production settlement agreement.

"279th cases to reach a settlement agreement, the public security organ may make suggestions to the people's Procuratorate leniency. The people's Procuratorate may recommend lenient penalties to the people's court; for minor crimes, without penalty, may decide not to initiate a prosecution. The people's court may, according to law, the defendant lenient punishment."

One hundred and nine,Add a chapter, as the fifth parts with third chapters:

"The third chapter of criminal suspects and defendants, escape, death cases of illegal gains confiscated program

"280th for the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or if a criminal suspect, defendant or death, the illegal gains and he the property shall be in accordance with the criminal law, the people's procuratorates can put forward to confiscate the illegal income to apply to the people's the court.

"The public security organ considers that the circumstances as prescribed in the preceding paragraph, shall write the confiscation of illegal income opinions, to the people's procuratorate.

"The confiscation of illegal income shall provide the relevant evidence materials application and the facts of the crime, the illegal income, and specify property types, number, location and attachment, seizure, freezing condition.

"The people's court when necessary, seizure, seizure, freezing can apply for the confiscation of property.

"281st for the confiscation of illegal income, by the criminal suspect, the defendant or the place of residence of the intermediate people's court formed a collegiate bench trial.

"The people's court shall confiscate the illegal income after the application, shall be issued a notice. The announcement during a period of six months. People near relatives or any other interested the suspect, the defendant has the right to apply to participate in the litigation, or may entrust an agent to participate in the proceedings proceedings.

"The people's court at the expiry of the notice to the confiscation of illegal income for trial. The interested parties to participate in the proceedings, the people's court shall open the court session.

"The 282nd people's court, to verify illegal income and other involved property, except to be returned to the victim, shall make a ruling shall be confiscated; does not belong to the property shall be recovered, the court shall apply, lifting attachment, seizure, freezing measures.

"For the people's court in accordance with the provisions of the preceding paragraph decision, near relatives or any other interested the suspect, the defendant or the people's procuratorate can appeal, appeal.

"283rd in the trial process, criminal suspects, defendants, surrendered or captured, the people's court shall terminate the trial.

"Confiscation of criminal suspects, defendants property is wrong, he shall return, compensation."

One hundred and ten,Add a chapter, as the fifth parts with fourth chapters:

The fourth chapter "mental patients will not be liable for the crime of forced medical procedures

"284th acts of violence, endangers public security or serious harm to personal safety, the mental patient through legal procedures shall not bear criminal responsibility identification, continue to harm society possible, can be compulsory medical.

"285th compulsory treatment of mental patients according to the provisions of this chapter shall be decided by the people's court.

"Public security organs found mental patients comply with the compulsory medical conditions, should write compulsory medical opinion, to the people's procuratorate. For mental patients in the process of review and prosecution was transferred by the public security organ or in accordance with compulsory medical conditions, the people's Procuratorate shall forward the application to the people's court for compulsory medical. The people's court in the case was found during the defendant comply with the compulsory medical conditions, can make the compulsory medical decisions.

"The mental patient to violence, in the decision of a people's court compulsory medical treatment, the public security organ may take protective measures to restrain the temporary.

"286th of the people 's Court accepted compulsory medical application, shall form a collegial panel to conduct the trial.

"The people's court compulsory medical case, it shall notify the applicant or the legal representative of the defendant at. The applicant or the accused does not entrust agents ad litem, the people's court shall inform the legal aid institutions to appoint a lawyer for legal assistance.

"The 287th people's court, for the respondent or defendant comply with the compulsory medical conditions, should be made compulsory medical treatment within one month of the decision.

"Be decided compulsory medical person, the victim or his legal representative, close relative refuses to accept the compulsory medical decision, may apply to a people's court at the next higher level for reconsideration.

"288th compulsory medical institution shall regularly to be compulsory medical person for diagnostic assessment. To have nothing to do with the personal danger, no need to compulsory medical treatment, shall timely termination of opinion, reportedly decided to the approval of the people's court for compulsory treatment.

"Forced medical people and their near relatives shall have the right to apply for cancellation of the compulsory medical.

"Article 289th the people's Procuratorate decision and execution of compulsory medical supervision."

One hundred and eleven,Ninety-ninth, 126th, 127th, 132nd, 146th, 166th, 171st, 192nd, 193rd cited in the clause number be adjusted according to this decision.

The criminal procedure law and the provisions of the relevant sections of the serial number be adjusted according to this decision.

This decision shall be implemented as of January 1, 2013.

"Criminal Procedure Law of the people's Republic of China"Be amended according to this decision, and be re promulgated.

 

 

 

The criminal procedure law of the people's Republic of China

Order of the Peoples Republic of China

No. fifty-fifth

(by July 1, 1979 Fifth National People's Congress second conferenceAccording to the March 17, 1996 eighth session of the National People's Congress Fourth Conference "on the revision of 'of the people's Republic of China Criminal Procedure Law' decision" the first amendmentAccording to the March 14, 2012 eleventh session of the National People's Congress fifth conference "on the revision of the criminal procedure law '' of the people's Republic of China decided to" the Second Amendment)

"The National People's Congress on the revision of 'of the people's Republic of China Criminal Procedure Law"' decision of the people's Republic of China the Eleventh National People's Congress fifth conference was passed in March 14, 2012, and is hereby promulgated,Shall enter into force as of January 1, 2013.

President of the people's Republic of ChinaHu Jintao

March 14, 2012

Catalog

Part I General Provisions

The first chapter, aim and basic principles

The second chapter jurisdiction

The third chapter avoidance

The fourth chapter defence and representation

The fifth chapter evidence

The sixth chapter compulsory measures

The seventh chapter of incidental civil action

The eighth chapter, during the service

Other provisions of chapter ninth

Second filing a case, investigation and prosecution

The first chapter case

The second chapter investigation

Section 1 General Provisions

The second section the interrogation of criminal suspects

The third section of questioning the witness

The fourth section inspection, inspection

The fifth section

The sixth section attachment, seizure of evidence, documentary evidence

The seventh section identification

The eighth section technical investigation measures

The Ninth Section

Section tenth investigation

In section eleventh, the people's Procuratorate investigation of cases directly accepted by the

The third chapter to prosecute

Third series of trials

The first chapter of trial organization

The second chapter is the procedure of first instance

The first day of public prosecution cases

Section second cases of private prosecution

The third section summary procedure

The third chapter to the procedure of second instance

The fourth chapter is the review procedure of death penalty

The fifth chapter is the procedure for trial supervision

Fourth Executive

Fifth series of special procedures

First chapterA minor procedure of criminal case

The second chapterThe parties reconciliation in cases of public prosecution procedure

The third chapter  The suspect, the defendant, escaping death cases of illegal income confiscated program

The fourth chapterThe mental patient does not bear criminal responsibility according to the law of compulsory medical procedures

Supplementary articles

The criminal procedure law of the people's Republic of China

Order of the Peoples Republic of China

No. fifty-fifth

(by July 1, 1979 Fifth National People's Congress second conferenceAccording to the March 17, 1996 eighth session of the National People's Congress Fourth Conference "on the revision of 'of the people's Republic of China Criminal Procedure Law' decision" the first amendmentAccording to the March 14, 2012 eleventh session of the National People's Congress fifth conference "on the revision of the criminal procedure law '' of the people's Republic of China decided to" the Second Amendment)

"The National People's Congress on the revision of 'of the people's Republic of China Criminal Procedure Law"' decision of the people's Republic of China the Eleventh National People's Congress fifth conference was passed in March 14, 2012, is hereby promulgated, shall enter into force as of January 1, 2013.

President of the people's Republic of ChinaHu Jintao

March 14, 2012

Catalog

Part I General Provisions

The first chapter, aim and basic principles

The second chapter jurisdiction

The third chapter avoidance

The fourth chapter defence and representation

The fifth chapter evidence

The sixth chapter compulsory measures

The seventh chapter of incidental civil action

The eighth chapter, during the service

Other provisions of chapter ninth

Second filing a case, investigation and prosecution

The first chapter case

The second chapter investigation

Section 1 General Provisions

The second section the interrogation of criminal suspects

The third section of questioning the witness

The fourth section inspection, inspection

The fifth section

The sixth section attachment, seizure of evidence, documentary evidence

The seventh section identification

The eighth section technical investigation measures

The Ninth Section

Section tenth investigation

In section eleventh, the people's Procuratorate investigation of cases directly accepted by the

The third chapter to prosecute

Third series of trials

The first chapter of trial organization

The second chapter is the procedure of first instance

The first day of public prosecution cases

Section second cases of private prosecution

The third section summary procedure

The third chapter to the procedure of second instance

The fourth chapter is the review procedure of death penalty

The fifth chapter is the procedure for trial supervision

Fourth Executive

Fifth series of special procedures

First chapter A minor procedure of criminal case

The second chapter The parties reconciliation in cases of public prosecution procedure

The third chapter   The suspect, the defendant, escaping death cases of illegal income confiscated program

The fourth chapter The mental patient does not bear criminal responsibility according to the law of compulsory medical procedures

Supplementary articles

Part I General Provisions

The first chapter, aim and basic principles

Article 1 in order to guarantee the correct implementation of the criminal law, punishing crimes, protecting the people, safeguarding state and public security, maintaining the socialist social order, according to the constitution, this law is enacted. 　　   

Article second of the criminal procedure law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively struggle against criminal acts, safeguard the socialist legal system, respect and safeguard human rights, protect the citizens personal rights, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.  

Article third of criminal cases investigation, detention, arrest, pre-trial, public security organs shall be responsible for. Approval of arrest, prosecution, procuratorial organs investigation of cases directly accepted by the prosecution, the people's Procuratorate, responsible for. The trial by the people's court shall be responsible for the. Except as otherwise provided by law, any other organs, organizations and individuals have no right to exercise such powers.  

The people's court, the people's procuratorates and the public security organs in conducting criminal proceedings, the relevant regulations must be strictly abide by this Law and other laws. 

Article fourth the state security organs in accordance with the law, handle cases of crimes that endanger State security, and the public security organs exercise the same powers. 

Article fifth the people's court in accordance with the law to exercise judicial power independently in accordance with the law, the people's procuratorates exercise procuratorial power independently, not by administrative organs, social groups and individuals.

Article sixth the people's courts, the people's procuratorates and the public security organs in conducting criminal proceedings, must rely on the masses, must take the facts as the basis, take the law as the criterion. For all citizens, all are equal before the law, in front of the law, no privileges allow.

Article seventh the people's courts, the people's procuratorates and the public security organs shall, in conducting criminal proceedings, the division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law.

Article eighth the people's Procuratorate to exercise legal supervision over criminal procedure.

Article ninth citizens of all nationalities have the national language of litigation rights. The people's court, the people's procuratorates and the public security organs to not understand the local language lawsuit participates in a person, should provide for their translation.

The minority or ethnic areas, should be tried in the language or languages, commonly used in the locality issue judgments, notices and other documents of the text.

Article tenth the people's court cases, the two-tier trial system.

Article eleventh the people's court cases, unless otherwise prescribed in this law, shall be heard in public. The accused has the right to defence, the people's courts shall have the duty to guarantee the defendant to defence.

Article twelfth without the approval of the people's court to sentence, no person shall be found guilty.

Article thirteenth in accordance with the people's court, people's assessors taking part in trials of this Law system.  

The fourteenth people's court, the people's procuratorates and the public security organs shall protect the suspect, the defendant and other participants in the proceedings shall have the right to counsel and other litigation rights.

Participants in the proceedings for the judges, procurators and investigators violations of civil litigation rights and personal insult, has the right to sue.

Article fifteenth in any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or declared innocent:

(a) plot remarkable slight, little harm, not deemed a crime;   

(two) the limitation period for prosecution of the crime has been;   

(three) the amnesty exemption from punishment; 

(four) in accordance with the criminal law that crime, or withdraw to tell not tell;

(five) the suspect, the defendant's death;  

(six) other laws provide an exemption from investigation of criminal responsibility. 　　   

Article sixteenth for the foreigners who commit crimes shall be investigated for criminal responsibility, apply the provisions of this law. 　   

For foreigners who enjoy diplomatic privileges and immunities shall be investigated for criminal responsibility of the crime, be resolved through diplomatic channels. 　　   

Seventeenth according to the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, the judicial organs of China and foreign judicial authorities may request each other to criminal judicial assistance.

The second chapter jurisdiction

Article eighteenth of criminal cases investigation conducted by the public security organs, except as otherwise stipulated by law.

The crime of corruption and bribery, national staff malfeasance crime, the State functionary carry illegal detention, torture to extract confessions, revenge against unlawful search of, criminal violation of civil rights and infringement of citizens' democratic rights of the crime, the people's Procuratorate investigation. For the case of state functionary carry other grave crimes committed, need to be handled directly by the people's Procuratorate, the people's Procuratorate at the provincial level and above, by the people's Procuratorate investigation. 

Cases of private prosecution shall be handled directly by the people's court.

Article nineteenth the basic people's court as the court of first instance criminal cases, but in accordance with this law, the superior people's court jurisdiction except.

The twentieth intermediate people's court shall have jurisdiction over the following criminal cases of first instance:

(a) to endanger national security, terrorism cases;

(two) may be sentenced to life imprisonment, the death penalty cases.

The higher people's Court of jurisdiction article twenty-first of criminal cases of first instance, is the province (autonomous region, municipality directly under the central government) major criminal cases.

The Supreme People's court shall be under the jurisdiction of twenty-second criminal cases of first instance, is a major criminal cases nationwide. 

Article twenty-third the people's court when necessary, can be under the jurisdiction of the lower level people's court trial of criminal cases of first instance; if a people's court case that the major, complicated by the need for a superior people's court trial of criminal cases of first instance, you can request a transfer on the trial level court. 

Article twenty-fourth of criminal cases shall be under the jurisdiction of the people's court to the crime. If the defendant resides to the people's court is more appropriate, can be under the jurisdiction of the people's court settlements by the defendant. 

Article twenty-fifth a few of the people's courts have jurisdiction over a case, the people's court that first accepted by. When necessary, can be transferred to the main criminal trial of the people's court.

Twenty-sixth a superior people's court may designate an inferior people's court for jurisdiction of unknown cases, can also be specified if the people's court to transfer the case to another people's court for trial.

Jurisdiction twenty-seventh special cases in the people's courts shall be stipulated separately.

The third chapter To avoid

Any of the following circumstances twenty-eighth judges, prosecutors, investigators, shall voluntarily withdraw, the parties and their legal representatives shall have the right to request him to withdraw:

(a) is a party to the case or a near relative of the party; 

(two) interested himself or his close relatives and the case;

(three) served as the case of the witnesses, authenticators, the defender, agent ad litem;

(four) there are other relationship with a party to the case, which may affect the impartial handling of the case. 

Twenty-ninth judges, prosecutors, investigators shall not accept the parties and the entrusted people's dinners, may meet with the parties and the entrusted person in violation of regulations.

The judges, prosecutors, investigators in violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law. The parties and their legal representatives shall have the right to request him to withdraw.   

Avoid the thirtieth judges, prosecutors, investigators, shall be respectively by the president of the court, prosecutor, the head of a public security organ; the withdrawal of the president, decided by the court's Judicial Committee; the prosecutor and the head of a public security organ avoidance, determined by the Procuratorial Committee of the people's procuratorate at the same level.  

Avoidance of investigators before making a decision, the investigators could not stop the investigation of a case.  

For withdrawal, the parties and their legal representative may apply for reconsideration once.  

Article thirty-first  This chapter is about the withdrawal shall apply to court clerks, interpreters and identification of human. 

The defender, agent ad litem may require avoidance, apply for reconsideration in accordance with the provisions of this chapter.

The fourth chapter defence and representation

Article thirty-second of criminal suspects and defendants, in addition to exercising the right to defend himself, also may entrust one or two persons as his defenders. The following persons may be appointed as the defender:  

(a) a lawyer;   

(two) recommend people groups or criminal suspects, defendants unit person;

(three) the suspect, the defendant's guardian, relatives and friends.

In accordance with the law are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders.

Article thirty-third  The suspect since the first interrogation by the investigatory organ or coercive measures taken to date, has the right to entrust defenders; in the investigation period, can only be entrusted lawyer. The accused has the right to entrust defenders at any time.

When the investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, it 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 people's court shall accept the case within three days, it shall inform the defendant has the right to entrust defenders. The suspect, the defendant in custody requests entrust a defender, the people's court, the people's procuratorates and the public security organs shall promptly convey the requirements.

The suspect, the defendant in custody, also by the guardian, close relatives to entrust defenders.

The defenders by criminal suspect, defendant after commissioning, it shall promptly inform the court authority.

Article thirty-fourth  The suspect, the defendant due to financial difficulties or other reasons, has not entrusted a defender, and near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the.

The suspect, the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct, not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to provide justification for the.   

The suspect, the defendant may be sentenced to life imprisonment or death, did not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.  

Article thirty-fifth  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.  

Article thirty-sixth  Defense counsel in the investigation period can provide legal assistance for criminal suspects; complaints, charges; apply for alteration of the compulsory measures; to the investigation organ about the crime suspect guilty and case, put forward opinions.

Article thirty-seventh  The defense lawyer may 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 lawyers the 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.

Crimes of endangering national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ. Of these cases, the investigation organ shall notify the.

Defense lawyers meet the suspect, the defendant, the understanding of the circumstances of 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 defense lawyer with the criminal suspects, defendants met, communication, applies the first, third, fourth.   

Article thirty-eighth  Defense lawyers of the people's Procuratorate date, consult, extract, copy the file material. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material. 

Article thirty-ninth  The defender believes in the investigation, prosecution, public security organs, people's Procuratorate collected during the prove the criminal suspect, defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court.

Article fortieth  The defending suspects were collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate.

Forty-first defense lawyers 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.

Defense lawyers with permission of the people's Procuratorate or 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.

Article forty-second  Counsel or 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, defendants suspected of a crime, the case shall be undertaken by outside counsel for the investigating authority. The defender is a lawyer, it shall timely notify the law firm or the lawyers' association.

Article forty-third  During the trial, the defendant may refuse to have his defender continue to defend him, may also entrust another defender defense.

Article forty-fourth  Victim in a case of public prosecution and their legal representatives or near relatives, the party in an incidental civil action and the legal agent, since the date of the case is transferred for examination before prosecution, have the right to entrust agents ad litem. Cases 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.

The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, it shall inform the victim and his legal representatives or their close relatives, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem. The people's court after accepting a case of private prosecution, within three days, it shall inform the prosecutor and his legal representative, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem.

Article forty-fifth  To entrust agents ad litem, by reference to the provisions of this law article thirty-second.

Article forty-sixth  And information about the lawyer client known in practice, have the right to keep confidential. However, defense 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 inform the.

Article forty-seventh  The defenders and agents ad litem, think that the public security organs, people's Procuratorate, the people's court and its personnel impede their exercise their litigation rights according to law, have the right to sue to the same level or the people's Procuratorate at a higher level to file a complaint or. The people's Procuratorate to appeal or accusation shall timely carry out the examination, is the case, notify the relevant authorities to rectify.

The fifth chapter evidence

Article forty-eighth  Can be used to prove the material facts of the case, is evidence.

Evidence includes:

(a) evidence;

(two) documentary evidence;

(three) the testimony of a witness;

(four) statement of the victim;

(five) the suspect, the defendant confession and exculpation;

(six) the expert opinion;

(seven) the inquest, inspection, identification, Investigative Experiment record;

(eight) the audio-visual, electronic data.

 Evidence must be verified before it can be taken as a basis. 

Article forty-ninth  Burden of proof of the defendant guilty in the case of public prosecution shall be borne by the people's Procuratorate, the burden of proof of defendant guilty the case of private prosecution shall be borne by the private prosecutor.

Article fiftieth  The judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods, no person shall be forced to prove himself to be guilty. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, can be brought in to help the investigation.

Article fifty-first  Approved by the public security organs, people's Procuratorate indictment arrest, the people's court judgment, must be faithful to the facts. Intentionally conceals the facts, shall be investigated for responsibility.

Article fifty-second  The people's court, the people's procuratorates and the public security organs shall have the authority to the relevant units and individuals collected, obtaining of evidence. The relevant units and individuals shall provide truthful evidence.

Administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case, audio-visual materials, electronic data evidence, in criminal proceedings can be used as evidence.

Involving state secrets, commercial secrets, personal privacy shall be kept confidential evidence. 

Those who forge evidence, hiding evidence or destroy evidence, no matter where, must be investigated under the law.  

Article fifty-third  Of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is reliable and sufficient, can the defendant is found guilty and sentenced to a criminal punishment. 　   

The evidence is reliable and sufficient, the applicant shall meet the following conditions:   

(a) the conviction and sentencing facts have evidence;

(two) according to the verdict evidence are verified by the statutory procedures;

(three) the comprehensive evidence of the case, the fact is beyond reasonable doubt.

Article 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.

Article fifty-sixth  The process of trial, 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 process of the court investigation 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 fifty-ninth  The 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 sixtieth  Those who know the circumstances of the case, have the obligation to testify.   

Defective or young physically, mentally, to distinguish right from wrong, cannot properly express themselves, not witness. 

Article sixty-first  The people's court, the people's procuratorates and the public security organs shall guarantee the safety of witnesses and their near relatives.  

The threat of witnesses and their close relatives, insult, assault or take revenge, which constitutes a crime, shall be investigated for criminal responsibility according to law; not serious enough for criminal punishment, the public security administration punishment 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 multiple 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. 

Article 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.

The sixth chapter compulsory measures

Article sixty-fourthThe people's court, the people's procuratorates and the public security organs shall, according to the circumstances of the case, the suspect, the defendant can summon, bail or residential surveillance.

Article sixty-fifth  The 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.   

Article sixty-sixth  The people's court, the people's procuratorates and the public security organs decision pending trial of criminal suspects, defendants on bail, shall order the suspect, the defendant to provide a guarantor or pay money.

Article sixty-seventh  Sponsors must meet the following conditions:

(a) is not involved in this case;

(two) the ability to perform warranty obligations;

(three) political rights, not subjected to restriction of personal freedom;   

(four) have a fixed residence and income. 

Article sixty-eighth  The 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 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.

Article seventieth  The decision-making organ of bail should be considered to ensure the litigation activities of the social risk, bail people, nature, circumstances of case, may be sentenced to a punishment, is released on bail pending trial of economic situation, determine the amount of the deposit.

Providing margin shall be deposited into the margin account executive specialized organs designated bank.

Article seventy-first  The suspect, the defendant in the release on bail is not in violation of this law 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.

Article seventy-second  The 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.

Article 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  The specified period residence residential surveillance shall be offset. 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 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 seventy-seventh  The people's court, the people's procuratorates and the public security organs of criminal suspects, defendants bail shall not exceed twelve months, residential surveillance shall not exceed six months.

Bail pending trial, surveillance, investigation, the case shall not be suspended prosecution and trial. The discovery should not be investigated for criminal responsibility or bail, residential surveillance period expires, shall promptly release the bail, residential surveillance. Lift the release on bail, residential surveillance, it shall timely notify the guarantor pending trial, residential surveillance and the units concerned.

Article Seventy-eighth  Arrests of criminal suspects, defendants, must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ.

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 eightieth  The public security organ for the criminals or suspects, if any of the following circumstances, can advance detention:

(a) is preparing to commit a crime, a crime or is discovered immediately after committing a crime;

(two) the victim or the eyes see people identify his crime;

(three) found evidence of a crime in the side or residence; 

(four) after the crime attempted to escape or Dutch act, the fugitive;

(five) the destruction, falsifying evidence or collusion possible;

(six) does not say real full name, address, identity is unknown;

(seven) there are people who commit crimes, crime, gang crime has great suspicion of.

Article eighty-first  The public security organs to implement criminal detention, arrest in another area, it shall notify the public security organ in detention, arrest of the local public security organs, detention, arrest is located shall cooperate.

Article eighty-second  For any of the following cases, any citizen can immediately sent to the public security organs, people's Procuratorate or the people's court:   

(a) is committing a crime or is discovered immediately after committing a crime;  

(two) wanted for arrest; 

(three) to escape from prison;   

(four) are hunted. 

Article eighty-third  When 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 eighty-fourth  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-fifth  The public security organs demanded the arrest of a criminal suspect, it shall submit a written request for approval of arrest, together with the case file and evidence, to the people's Procuratorate, together with the examination and approval. When necessary, the people's Procuratorate may send people to participate in the public security organ's discussion of a major case. 

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 listen to the views of the defense lawyer; lawyer requested shall listen to the opinions, defense lawyer.

Article eighty-seventh  Examination of the people's Procuratorate approved the arrest of suspects by the decision of the chief prosecutor. Major cases shall be submitted to the Procuratorial Committee for discussion and decision.   

Article eighty-eighth  The people's Procuratorate review for the public security organ for approval of arrest cases, shall according to the circumstances to approve or disapprove the arrest decision. If it decides to approve the arrest, the public security organ shall be executed immediately, and the implementation of timely notify the people's procuratorate. For non approval of arrest, the people's Procuratorate shall explain the reason, requires supplementary investigation, it shall notify the public security organ at the same time.   

Article eighty-ninth  The public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days.   

For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days.   

The people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notify the people's procuratorate. If further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.  

Article ninetieth  The public security organ decides to approve the arrest of a people's Procuratorate not, think is wrong, it may request a reconsideration, but must immediately release the detainee. If the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review. The higher people's Procuratorate shall immediately review, decide whether to change the decision, notify the lower level people's Procuratorate and the public security organ to implement.

Article 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-second  The people's court, the people's Procuratorate for their decision to arrest the person, the public security organ for approval of arrest people's Procuratorate of the people, must be in detention after twenty-four hours of interrogation. The discovery should not arrested, must immediately release, issued a release certificate.

Article ninety-third  The 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 ninety-fourth  The people's court, the people's procuratorates and the public security organs if found on the suspect, the defendant to take coercive measures improper, it shall timely cancel or change. The public security organs to release those arrested or change the measure of arrest, it shall notify the people's Procuratorate approved.

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 ninety-sixth  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,; trial, the suspect, defendant on bail or residential surveillance.  

Article ninety-seventh  The 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 ninety-eighth  The people's Procuratorate for examination and approval of the arrest of the work, if it is found that the investigation of the public security organ violations of the law, it shall notify the public security organ to make corrections, the public security organ shall notify the people's Procuratorate will correct.

The seventh chapter of incidental civil action

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.   

Article 100th  The 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, the relevant provisions of the civil procedure law applicable.

Article 101st  The people's Court of the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.   

Article 102nd  Incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action.

The eighth chapter, during the service

Article 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 104th  The parties due to irresistible causes or for other legitimate reasons and time limit, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.

Whether or not to approve the application mentioned in the preceding paragraph, the people's court shall rule.

Article 105th  Serve a summons, notices and other court documents shall be delivered to the addressee himself; if I am not in, can give his adult family members or unit responsible for collection.

The recipient or my behalf refuses to accept or reject the time signature, seal, service people can invite his neighbours or other witnesses to the scene, explain the situation, put the files in his residence, record the particulars of the refusal, the date of service in the service certificate, served by a signature, that has been delivered.

Other provisions of chapter ninth

Article 106th  The following terms used in this Law means:

(a) "investigation" refers to the public security organs, people's procuratorates in the process of handling cases, in accordance with the laws of surveys and compulsory measures;

(two) "parties" means the plaintiff victim, private prosecutor, criminal suspects, defendants, and defendants in incidental civil actions;

(three) "legal representative" refers to an agent's parents, foster parents, guardians and bear the responsibility to protect organs, representative group;

(four) "participants in the proceedings" means the parties, legal representatives, agents, counsel, witnesses, appraisers and translators;

(five) "agent" refers to the victim in a case of public prosecution and their legal representatives or near relatives in a case of private prosecution, the prosecutor and his legal agent entrusted to participate in litigation of the people and the party in an incidental civil action and the legal agent entrusted to participate in litigation;

(six) "close relatives" refers to the husband, wife, father, mother, son, daughter, brothers and sisters.

Second filing a case, investigation and prosecution

The first chapter case

Article 107thThe public security organ or the people's procuratorate finds the facts of a crime or a criminal suspect, shall be in accordance with the scope of jurisdiction, investigation.

Article 108th  Any entity or individual finds facts of a crime or a criminal suspect, has the right and obligation to the public security organs, people's Procuratorate or the people's court or report.

The victim to infringe upon their personal, property rights of the facts of the crime or criminal suspects, have the right to a public security organ, a people's Procuratorate or the people's court report or accusation.

The public security organs, people's Procuratorate or the people's court for the report, complaint, report, should be accepted. For does not fall under its jurisdiction, it shall transfer the case to the competent authority, and notify the complainant, accuser, informants; case does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures, and shall transfer the case to the competent authority.  

The crime to the public security organs, people's Procuratorate or the people's court to surrender, provisions of the third paragraph shall apply.

Article 109th  The report, complaint, report may be filed in writing or orally. Receiving an oral report, complaint report, staff, shall make a written record of being read, correct, sealed by the reporter, complainant, accuser signature or. 

Receiving the complaint, the staff report, the legal responsibility to the complainant, accuser shall be the false accusation. However, as long as not fabricate facts, forges evidence, even if the accused, report the facts have access, or even mistaken complaint, also want to and false strict distinction.

The public security organs, people's Procuratorate or the people's court shall guarantee the informant, the complainant, accuser and near relatives. The informant, the complainant, accuser if unwilling to disclose his name and reporting, complaint, report acts, he shall be kept secret.

Article 110th  The people's court, the people's Procuratorate or the public security organ to report to the police report, Sue, and surrender the material, should be in accordance with the scope of jurisdiction, promptly examine, believes that there are facts of a crime and criminal responsibility, should be placed on file; that no criminal facts, or the crime facts are obviously minor, need not when, be investigated for criminal responsibility not to file, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration. 

Article 111st  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.

Article 112nd  As to a case of private prosecution, the victim has the right to bring a suit directly to a people's court. The victim's death or incapacity, his legal representatives, near relatives shall have the right to bring a suit to the people's court. The people's court shall accept the case according to law.

The second chapter investigation

Section 1 General Provisions

Article 113rd  The public security organ to a criminal case which has been filed, must carry on the investigation, evidence collection, obtaining the guilt or innocence of the crime suspect, light or heavy crime. Active criminals or suspects can be detained first according to law, meet the conditions for arrest criminal suspects, should be arrested according to law.

Article 114th  The public security organs after investigation, on the evidence of the facts of the crime cases, shall conduct pre-trial evidence collection, investigation, to verify the.

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.

The second section the interrogation of criminal suspects

Article 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 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 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 119th  Deaf, dumb interrogation of criminal suspects, there should be a deaf mute, gesture people participate in, and this situation shall be noted in the record. 　　   

Article 120th  Transcripts of interrogation shall be checked for criminal suspects, without reading ability, shall be read to him. If if there is any omission or error, the criminal suspect may make additions or corrections. The suspect acknowledges that the record is free from error, he shall sign or affix his seal. The investigators shall also sign the record. The suspect requests to write a personal statement, he shall be permitted to. When necessary, the investigators may also ask the criminal suspect to write a personal statement. 　　   

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.

The third section of questioning the witness

Article 122nd  The investigators asked the witness, can be carried out in the field, also can be the witness unit, residence and witness this place, when necessary, may also notify the witness to the people's Procuratorate or public security organ to provide testimony. The examination of witnesses at the scene, they shall show their work certificates, to witness the unit, residence and witness the location of questioning the witness, the people's Procuratorate or the public security organ shall present the documents. 　　   

Witnesses shall be questioned individually. 　　   

Article 123rd  The questioning of witnesses, shall inform him shall faithfully provide evidence, legal responsibility of testimony and intentionally giving false testimony or conceal evidence to negative. 　　   

Article 124th  This law, the provisions of article 120th, also apply to the questioning of witnesses. 　　   

Article 125thAsk the victim, to apply the provisions of all articles in this section.

The fourth section inspection, inspection

Article 126th  Investigators shall conduct an inquest or examination for crime related sites, objects, people, the body. When necessary, may designate or hire people with expertise, conduct an inquest, inspection under the direction of the investigators. 　　   

Article 127th  Any unit or individual, have the obligation to protect the scene of the crime, and immediately notify the public security organ to inspection. 　　   

Article 128th  Execution of an inquest or examination, the investigators must, by a people's Procuratorate or a public security organ documents. 　　   

Article 129th  For the bodies of unknown cause, the public security organs have the right to decide the anatomy, and notify the family members of the deceased to. 　　   

Article 130th  In 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 131st  Inspection, examination shall be written record, sealed by the participants in the inquest, inspection and witness the signature or. 　　   

Article 132nd  When the people's Procuratorate to examine the case, the public security organs of the inspection, examination, considers it necessary to re inspection, review, may request the public security organ to retest, review, and may send procurators in. 　　   

Article 133rd  In 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. 　　   

Investigative experiment, banning all enough to cause danger, humiliating or be destructive to the morals behavior.

The fifth section

Article 134th  In order to collect the evidence of the crime, the crime, the criminal suspect and the investigators may might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places. 　　   

Article 135th  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 136th  Search, must be shown to the person to be searched a warrant. 　　   

When an arrest, detention, in case of emergency, without using a search warrant to search. 　　   

Article 137th  In search of time, should be searched or his family members, his neighbours or other witnesses. 　　   

Body search of women, should be conducted by female officers. 　　   

Article 138th  Search should be written transcripts, by the investigators and the person searched or his family members, his neighbours or other witnesses shall affix their signatures or seals. If the person to be searched or his family members have become fugitives or refuse to sign, seal, it shall be indicated in the notes.

The sixth day detention material evidence, documentary evidence

Article 139th  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 140th  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 141st  Investigators think need to detain suspects mail, telegraph, approval of the public security organ or the people's Procuratorate, notify the post and telecommunications offices to mail, telegraph inspection to seizure. 　　   

Do not need to continue to detain, shall immediately notify the post and telecommunications offices. 　　   

Article 142nd  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 143rd  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.

The seventh section identification

Article 144thIn order to find out the case, when the need for some specific problems to solve in the case, shall appoint, hire an expert who was identified. 　   

Article 145th  After verification, it shall make a written expert opinion, and signature. 　　   

Identification of intentionally makes a false verification, he shall assume legal responsibility. 　　   

Article 146th  The investigation organ shall be the expert opinion will be used as evidence to inform the suspect, the victim. If the criminal suspect, the victim can apply, supplementary identification or re identification. 　　   

Article 147th  During the identification of mental diseases of the suspect is not included in the deadline.

The eighth section technical reconnaissance 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 take the technical investigation measures. 　　   

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  Adopt the 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. 　　   

Article 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 shall take investigation 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.

The Ninth Section

Article 153rd  Criminal suspect who should be arrested a fugitive, a public security organ may issue a warrant, take effective measures, hunt him down. 　　   

The public security organs at all levels within the area under its jurisdiction, arrest warrant can be issued; areas beyond their jurisdiction, shall be reported to higher authorities the right to decide the release.

Section tenth investigation

Article 154th  On the investigation of criminal suspects arrested after the period of detention shall not exceed two months. The case is complex, cannot be concluded within the time limit of the case, may be extended by one month after the approval of the people's Procuratorate at the next higher level. 　　   

Article 155th  Due to special reasons, in a long time should not be brought to trial a particularly grave and complex cases, be submitted to the Supreme People's Procuratorate by the Standing Committee of the National People's Congress approved the deferment of trial. 　　   

Article 156th  The following cases in the 154th article of this law the expiration of the time limit prescribed investigation cannot be concluded by the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, may be extended for two months:   

(a) major and complicated cases in outlying areas where traffic is very inconvenient;   

(two) major crime cases;   

(three) on major and complicated cases;   

(four) the crime involving a wide range of major and complicated cases, evidence of the difficulties. 　　   

Article 157th  The criminal suspect may be sentenced penalty above ten years, in accordance with the provisions of this law the 156th regulation to extend the time limit expires, still cannot investigate terminative, the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, and may be extended for two months. 　　   

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. 　　   

Article 159th  In the case of investigation, lawyers request, the investigation organ shall listen to the opinions of counsel, and record. Defense lawyers put forward written opinions, shall be attached. 　　   

Article 160th  The public security organ shall be the end of the investigation, the criminal facts are clear, evidence really, fully, and write the prosecution of submissions, together with the case file and evidence, to the people's procuratorate together with the review decision; at the same time to transfer the case to inform the criminal suspects and their counsel. 　　   

Article 161st  In the course of the investigation, found that a crime suspect should not be investigated for criminal responsibility, it shall revoke the case; if the criminal suspect is under arrest, he shall be released immediately, issued a release certificate, and notify the people's procuratorate which originally approved the arrest.

In section eleventh, the people's Procuratorate investigation of cases directly accepted by the　　   

Article 162nd  Investigation of cases directly accepted by the people's Procuratorate to the provisions of this chapter shall apply. 　　   

Article 163rd  The people's Procuratorate in a case directly accepted in accordance with the law seventy-ninth, eightieth and fourth, the provisions of the fifth case, need to arrest, detention of criminal suspects, decisions made by the people's Procuratorate, shall be executed by a public security organ. 　　   

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

Article 165th  The people's Procuratorate 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; for further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance. 　　   

Article 166th  The people's Procuratorate has concluded its investigation of a case, it shall make prosecution, not to initiate a prosecution or to withdraw the case decision.

The third chapter to prosecute　　   

Article 167thWhere the need for public prosecution, shall be decided by the people's Procuratorate for examination and.

Article 168th  When the people's Procuratorate to examine the case, must find out:

(a) if the facts of the crime, the plot is clear, the evidence is true, full, convict and the nature of the crime is correct;

(two) there is no omission crimes and other criminal responsibility shall be investigated;

(three) should not be investigated for criminal responsibility;

(four) there is no incidental civil action;

(five) the legality of the investigation activities.

Article 169th  The people's Procuratorate for the public security organs for prosecution, shall make a decision within one month, major and complex cases, can be extended for half a month.

The people's Procuratorate for examination and prosecution, altered, review the calculation cases received date from the people's Procuratorate prosecution deadline after the change.

Article 170th  The people's Procuratorate to examine the case, shall interrogate the criminal suspect, to listen to the defendants, victims and their legal representatives, and record. The defender, the victim and his litigation representative put forward written opinions, shall be attached.

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

The people's Procuratorate to examine the case, the need for supplementary investigation, the public security organ may be returned for supplementary investigation, or conduct the investigation itself.

For supplementary investigation cases, shall complete the supplementary investigation within one month. Supplementary investigation is limited to two times. Supplementary investigation is completed and transferred to the people's Procuratorate, the people's Procuratorate to calculate the time limit for examination and prosecution.

For the two time the supplementary investigation cases, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions of prosecution, shall make a decision not to initiate a prosecution.

Article 172nd  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, initiate a public prosecution to the people's court, and the case file and evidence, to the people's court.

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

For minor crimes, in accordance with the criminal law does not require punishment or be exempted from punishment, the people's Procuratorate may decide not to initiate a prosecution.

The people's Procuratorate decides not to prosecute cases, should the investigation of attachment, seizure, freezing the property, seizure, freezing lifting attachment. Not to be prosecuted person needs to be given administrative punishment, administrative punishment or need to confiscate the illegal income, the people's Procuratorate shall make suggestions, to the relevant competent authority for disposal. The competent authority shall timely notify the people's Procuratorate results.

Article 174th  The decision not to initiate a prosecution, shall be announced publicly, and the decision not to prosecute book service is not to be prosecuted and his unit. If not being accused in custody shall be released immediately.

Article 175th  For the public security organs for prosecution, the people's Procuratorate decides not to initiate prosecution, shall make the decision not to prosecute to the public security organ. The public security organ considers that the decision not to initiate a prosecution to be incorrect, it may request a reconsideration, and if the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review.

Article 176th  For the case of the victim, decided not to prosecute, the people's Procuratorate shall make a decision not to initiate a prosecution in writing to the victim. If the victim can not, within seven days after receiving the written decision to the people's Procuratorate at the next higher level appeal, request prosecution. The people's Procuratorate shall notify the victim will review. If the people's Procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit to a people's court. The victim may also without complaint, directly to the people's court. The people's court has accepted the case, the people's Procuratorate shall submit the materials related to the case to the people's court.

Article 177th  The people's Procuratorate in accordance with this law, the provisions of the second paragraph of article 173rd decided not to prosecute, is not to be prosecuted if not, can seven days after receiving the written decision on the petition to the people's Procuratorate within. The people's Procuratorate shall make a decision of reexamination, notice is not to prosecute the person at the same time, the public security organ.

Third series of trials

The first chapter of trial organization

Article 178th  The first trial of the basic level people's courts, the intermediate people's court trial, the judge should be three or by judges and people's assessors totalling three people formed a collegiate bench, but the basic people's court cases in which summary procedure is applied may be tried by a single judge.

The higher people's Court of first instance, the case shall be made by the Supreme People's court, judge three people to seven people or of judges and people's assessors totalling three people to seven people formed a collegiate bench. 　   

The jury in the people's court to perform their duties, shall enjoy equal rights with the judges. 　　   

The people's court appeals cases, composed of three to five judges formed a collegiate bench. 　　   

The number of members of a collegial panel shall be an odd number. 　　   

The collegial panel trial by the president or the chief judge appointed as a judge to long. When the president or the president in a trial, he served as chief judge. 　　   

Article 179th  When a collegial panel for review, if the differences of opinion, shall make a decision according to the opinion of the majority, but the opinions of the minority should write notes. The records of the deliberations shall be signed by the members of the collegial panel. 　　   

Article 180th  The collegial panel trial and deliberation, shall make a judgment. With respect to a difficult, complex, serious cases, the collegial panel considers it difficult to make a decision, by a collegial panel decided to invite the president of the judicial committee for discussion and decision. The decision of the judicial committee, the collegial panel shall execute.

The second chapter is the procedure of first instance

The first day of public prosecution cases

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

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

In court, prosecutors, judges may convene the parties and the defender, agent ad litem, the challenge, the witness list, exclusion of illegal evidence and trial related problems, understand the situation, listen to the views of. 　　   

The people's court shall determine the date of the hearing, the hearing time, place to summon the litigants, notify the people's Procuratorate, notify the defender, agent ad litem, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of. The open trial, the defendant shall announce, name, time and location of the court session three days before opening of the court session. 　　   

These activities shall be entered in the records, by the judges and the court clerk signature. 　　   

Article 183rd  The people's Court of first instance shall be heard in public. But involving state secrets or personal privacy case, not a public hearing; cases involving commercial secrets, the parties do not apply for an open trial, can not be heard in public. 　　   

No public hearing of the case, it shall not be heard in public reason announced in court. 　　   

Article 184th  The people's court in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution. 　　   

When the 185th session, the presiding judge to find out whether the parties present, announce the cause of action; the members of the collegial panel, announced the court clerk, the public prosecutor, the defender, agent ad litem, the expert witnesses and the interpreter; inform the parties have the right to the members of the collegial panel, the court clerk, the public prosecutor, judge and translators apply for withdrawal inform the defendant's rights. 　　   

Article 186th  The prosecutor read the bill of prosecution in court, the defendant, the victim may make statements on the indictment accused of the crime, the public prosecutor may interrogate the defendant. 　　   

The victim, incidental civil lawsuit plaintiff and defender, agent ad litem, with the permission of the presiding judge, put questions to the accused. 　　   

The judges may interrogate the defendant. 　　   

Article 187th  The public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing, the people's court that the witness should testify in court, witnesses should appear in court. 　　   

The people's police crime witness its duty as a witness to testify in court, to the provisions of the preceding paragraph. 　　   

The public prosecutor, the parties concerned or the defenders and agents ad litem, the expert opinion has the objection, the people's court that his testimony necessary, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion shall not be taken as a basis. 　　   

Article 188th  The notice of the people's court without justified reasons, the witness did not testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children. 　　   

The witness refusing to appear in court without proper reasons or refused to testify, reprimand him, if the circumstances are serious, shall be approved by the president, detained for ten days following. The person being punished refuses to accept the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop. 　　   

Article 189th  Witness testimony, the judges shall inform him to faithfully provide legal testimony and intentionally giving false testimony or conceal evidence to negative. The public prosecutor, the parties and the defenders and agents ad litem, with the permission of the presiding judge, may question the witnesses, authenticators. The presiding judge considers any questioning irrelevant to the case, shall stop. 　　   

The judicial personnel may question the witnesses, authenticators. 　　   

Defense 190th prosecutors, who shall show the material evidence to the court for the parties to identify, for failing to appear in court, witness testimony, identification of the expert opinion, records of inspection and the other as the evidence of the instrument, shall be read out in court. The judicial officers shall listen to the opinions of the public prosecutor, the defender, agent ad litem and opinions. 　　   

Article 191st  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. 　　   

The people's court investigation to verify the evidence, conduct inquest, inspection, seizure, seizure, freezing, identification and query. 　　   

Article 192nd  During a court hearing, the parties and the defenders and agents ad litem, shall have the right to request new witnesses, obtain new material evidence, to apply for re identification or inspection. 　　  

The public prosecutor, the parties and the defenders and agents ad litem, can have the expertise to apply to the court for notification of the court, put forward the views of expert opinion to identify person. 　　   

The court for the above application, shall make a decision whether to consent. 　　   

The second paragraph of the specialized knowledge appearing in court, the relevant provisions of applicable appraiser. 　　   

Article 193rd  During a court hearing, the conviction and sentencing, on the facts, evidence should be investigated, debate. 　　   

With the permission of the presiding judge, the public prosecutor, the defender, agent ad litem and comments on the evidence and the case and may debate with each other. 　　   

The judge declared after the end of the debate, the defendant shall have the right to present a final statement. 　　   

Article 194th  During the court trial, if the litigant participant or bystander violates the order of the court, the presiding judge shall warnings to stop. To listen to, be forced out of the courtroom; if the circumstances are serious, shall be detained for a fine of one thousand yuan or fifteen days following. Fines, detention must be approved by the president. Be refuses to accept punishment of fine, the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop. 　　   

On the court, or insult, libel, shock or threat, beating the judicial officers or participants in the proceedings, seriously disrupting the order of the court, which constitutes a crime, shall be investigated for criminal responsibility according to law. 　　   

Article 195th  In the final statement of the defendant, the presiding judge shall announce an adjournment, the collegial panel for review, on the basis of the established facts, evidence and the relevant legal provisions, shall make the following judgments:   

(a) the case facts are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, shall make a guilty verdict;   

(two) according to the law, the defendant is innocent, shall make a judgment of acquittal;   

(three) the lack of evidence, not the defendant is guilty, should make the lack of evidence, the crime accused cannot be established the not guilty verdict. 　　   

Article 196th  Upon pronouncement of a judgment, will be open to the public. 　　   

The court judgment, shall within five days of the judgment to the parties and the people's Procuratorate; regular declaratory judgment, shall be declared immediately after the verdict will be served to the parties and the people's procuratorate. Judgment shall be delivered simultaneously to the defender, agent ad litem. 　　   

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

Article 198th  During the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed:   

(a) need to summon new witnesses, obtain new material evidence, re examination or inspection;   

(two) the prosecutors found a public prosecution requires supplementary investigation, suggestion;   

(three) the application for withdrawal and not on trial. 　　   

Article 199th  In accordance with the provisions of law 198th of second cases the adjournment of trial, the people's Procuratorate shall complete the supplementary investigation within one month. 　　   

Article 200th  During the trial, one of the following circumstances, the case can not continue for a long time trial, may suspend the trial:   

(a) the defendant who is suffering from a serious disease, unable to appear in court;   

(two) the defendant escape;   

(three) the private prosecutor who is suffering from a serious disease, unable to appear in court, did not entrust an agent ad litem in court;   

(four) due to irresistible. 　　   

Suspend disappear trial after the reasons, it shall resume the hearing. To suspend the trial period are not included in the trial period.

Article 201st  The entire court proceedings, shall be made by the clerk shall make a written record of the presiding judge, after review, signed by the judge and the court clerk.

The testimony of witnesses in the part of the court record shall be read out in court, or given to the witnesses to read. The witness in admit no error, shall be signed or sealed by the.

The court record shall be given to the parties to read or read to him. The parties believe that if there is any omission or error, may request for supplementation or correction. The parties acknowledge that no error, shall be signed or sealed by the.

Article 202nd  The people's court shall, after accepting a case of public prosecution, in two months sentence, no later than three months. For the death penalty cases or incidental civil litigation cases, as well as the law the 156th regulation circumstances, the approval of the people's court at a higher level, can be extended for three months; because of special circumstances need to extend, be approved by the Supreme People's court.

The people's court to change under the jurisdiction of the case, from the day of receiving the people's court shall calculate the time limit after the change of play.

The people's Procuratorate for supplementary investigation cases, supplementary investigation is completed after the transfer to the people's court, to the people's court shall calculate the time limit.

Article 203rd  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.

Section second cases of private prosecution

Article 204th  Cases of private prosecution include the following:

(a) to be handled the cases;

(two) the victim has evidence to prove that they are minor criminal cases;

(three) the victim has evidence to prove that the infringement of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case.

Article 205th  The people's court to review the case of private prosecution after treatment respectively, according to the following circumstances:

(a) the criminal facts are clear, there is sufficient evidence of the case, it shall open a court session;

(two) the lack of evidence of a case of private prosecution, if the private prosecutor no supplementary evidence, should persuade him to withdraw his prosecution, or rule to reject the.

The private prosecution by the two summoned according to law, refuses to appear in court, or midway without permission by the court may, by withdrawing treatment.

The process of trial, the judges have doubts about the evidence, need to investigate and verify the applicable provisions of this law, article 191st.

Article 206th  The people's court in a case of private prosecution, mediation may be conducted; private prosecution before a judgment is pronounced, can arrange a settlement with the defendant or withdraw his prosecution. The provisions of this law the third mediation is not suitable in 204th cases.

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

Article 207th  Cases of private prosecution and the defendant in the litigation process, may file a counterclaim to the private prosecutor. The provisions apply to private prosecution of counterclaim.

The third section summary procedure

Article 208th  Under the jurisdiction of the grassroots people's court cases, in accordance with the following conditions, may apply summary procedure for trial:

(a) the case facts are clear, the evidence sufficient;

(two) the accused confess their crimes, the facts of the crime accused no objection;

(three) the defendant has no objection to the application of summary procedure.

The people's Procuratorate, the people's court apply summary procedure can be recommended.

Article 209th  Any of the following circumstances, does not apply summary procedure:

(a) if the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct;

(two) have a significant social impact;

(three) cases of common crime in the part of the defendants not guilty or has any objection to the application of summary procedure;

(four) other summary procedure is not appropriate for the trial.

Article 210th  Summary procedure applies to the trial of cases, may be sentenced to the punishment of three years, can be formed a collegiate bench trial, also may be tried by a single judge; more than three years in prison for possible sentence, shall form a collegial panel trial.

Application of simple procedure in public prosecution case, the people's Procuratorate shall send representatives to attend the court.

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

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

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

Article 214th  Summary procedure applies to the trial of cases, the people's court shall accept the case within twenty days after; in prison for more than three years on may be sentenced, can be extended to one and a half months.

Article 215th  The people's court in the trial process, found that the summary procedure is not appropriate for the trial, should anew in accordance with the provisions in Section 1 of this chapter or section second.

The third chapter to the procedure of second instance

Article 216th  The defendant, private prosecutor and his legal representative, not a local people's Court of first instance judgment, ruling, have the right to appeal in writing or orally to the people's court at a higher level. The defense of the accused person and close relatives, with the consent of the defendant, can appeal.

The party in an incidental civil action and their legal representatives may be of a local people's court, the first instance judgment, ruling in the part of incidental civil lawsuit, filed an appeal.

The defendant shall not be deprived of the right of appeal, with any excuses.

Article 217th  People's procuratorates at various local levels that the people's Court of the first instance judgment, ruling it is wrong, it shall lodge a protest to the people's court at a higher level.

Article 218th  The victim and his legal representatives judgment of first instance of a local people's court, within five days after receiving the written judgment, have the right to request the people's procuratorate. Within five days after receipt of the victim and the people's Procuratorate legal agent request, shall make a decision whether to appeal and give him a reply.

Article 219th  An appeal against the decision and the appeal for a period of ten days, not satisfied with the ruling and appeals for a period of five days, from receiving the written judgment, ruling second date.

Article 220th  The defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant appealed by the people's court, the people's court shall within three days will appeal together with the case file, the evidence to the people's Court level, at the same time, a copy of the appeal petition to the people's Procuratorate at the same level and to the other party.

The defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant files an appeal directly to the people's Court of second instance, the people's Court of second instance shall within three days of the petition of appeal to the people's court to the people's Procuratorate at the same level and to the other party.

Article 221st  Local people's procuratorates of the people's courts at the same level the first judgment, ruling appeal, it shall lodge a protest letter through the people's court, and the people's Procuratorate level a copy of the written protest. The people's court shall protest together with the case file, the evidence to the people's Court level, and the duplicates of the written protest to the party.

If the people's Procuratorate considers the protest inappropriate, may apply to a people's court at the same level withdraw the protest, and notify the lower level people's procuratorate.

Article 222nd  The people's Court of second instance shall conduct a comprehensive review on the first trial of facts and the application of the law, not subject to appeal or protest range limits.

Joint crime is only part of the defendants appeal, shall examine the case, together.

Article 223rd the people's Court of second instance to the following cases, shall form a collegial panel, trial:

(a) the defendant, private prosecutor and his legal representatives on the first instance of facts, evidence objection, may affect the appeal the conviction and sentencing;

(two) cases of appeal against the defendants were sentenced to death;

(three) case protested by a people's procuratorate;

(four) the other shall open a court session.

The people's Court of second instance decided not to hold a hearing, it shall interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions.

The people's Court of second instance court hearing a case of appeal or protest, to the case or the place of the trial court.

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

Article 225th  The people's Court of second instance cases protested by the judgment of the first instance, the appeal may, after hearing, shall handle it according to the following circumstances:

(a) the original judgment facts and the applicable law is correct, appropriate sentencing, it shall dismiss the appeal or protest, upheld the;

(two) the original judgment no error in the determination of facts, but the applicable law is wrong, or inappropriate, and shall be amended;

(three) the original judgment facts are not clear or the evidence is insufficient, can be changed after ascertaining the facts; or it may rescind the original judgment, remanded by the people's court re trial.

The people's court ruling in accordance with the provisions of the third items of the case remanded, the defendant appealed or protested by the people's Procuratorate, the people's Court of second instance shall make a judgment or ruling according to law, shall not be remanded by the people's court for retrial.

Article 226th  The people's Court of second instance trial the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant. The people's Court of second instance remanded by the people's court to the trial of the case, in addition to the new facts of the crime, the people's Procuratorate for supplementary outside the lawsuit, the people's court shall not increase the criminal punishment on the defendant.

The people's Procuratorate or the private prosecutor appeal, not subject to the provisions of the preceding paragraph.

Article 227th  The people's Court of second instance found one case the people's Court of first instance trial in any of the following violations of the litigation procedures prescribed by law, it shall rescind the original judgment, remanded by the people's court re trial:

(a) in violation of the provisions of this Law regarding trial in public;

(two) violating the withdrawal system;

(three) deprivation or restriction of the parties' legal rights, which may affect the fair trial;

(four) composed of judicial organization of illegal;

(five) other violating the legal procedure, which may affect the fair trial.

Article 228Th  The people's court for the case remanded, form a new collegial panel, in accordance with the procedure of first instance trial. For a new trial after the verdict, in accordance with the provisions of law 216th, article 217th, article 218th may be appealed, protest.

Article 229th  The people's Court of second instance refuses to accept an order of first instance of appeal or protest, after review, should according to the provisions of this Law 225th, 227th and 228Th, respectively with the court rejected the appeal, appeal, or cancel, change the original order.

Article 230th  The people's Court of second instance remanded by the people's court to the trial of the case, the people's court remanded case from the received date, recalculating the trial period.

Article 231st  The people's Court of second instance trial cases of appeal or protest procedure, unless otherwise stipulated in this chapter, the existing provisions, according to the procedure of first instance of the.

Article 232nd  The people's Court of second instance accepting a case of appeal or protest, should be concluded within two months. For the death penalty cases or incidental civil litigation cases, as well as the law the 156th regulation circumstances, the provincial, autonomous region, or municipality directly under the central government or approved by a higher people's court decision, can be extended to two months; due to special circumstances need to extend, be approved by the supreme people's court.

The Supreme People's court appeal, appeal trial period, decided by the Supreme People's court.

Article 233rd  Second trial, judgment, ruling or the Supreme People's court ruling, is the final judgment, ruling.

Article 234Th  The public security organs, people's Procuratorate and the people's court for the seizure, seizure, freezing of the criminal suspect, defendant's property and the fruits thereof, shall be properly kept, for verification, and make the list, with the case. Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state.

To use as evidence of the material shall be transferred together with the case, to be transferred, it shall be lists, photos and other documents of certification with the case.

Judgment rendered by the people's court shall, properties and interests on attachment, seizure, freezing treatment.

After the people's court judgment becomes effective, the relevant authorities shall be carried out according to the properties and interests of attachment, seizure, freezing of the judgment. The stolen money seized, seizure, freezing and the fruits thereof, except to be returned to the victim, shall be turned over to the state treasury.

The judicial personnel embezzles, misappropriates or attachment, seizure, freezing or processing property and the fruits thereof, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions.

The fourth chapter is the review procedure of death penalty

Article 235thThe death penalty approval by the Supreme People's court.

Article 236th  Cases of first instance, the intermediate people's court sentenced to death, the defendant does not appeal, should be reviewed by a higher people's court, shall be submitted to the approval of the Supreme People's court. The higher people's court does not agree with the death sentence, it may bring the case up or remand the case for retrial.

The higher people's court sentenced to death penalty cases of first instance in the defendant does not appeal, and sentenced to death penalty cases of second instance, should be submitted to the approval of the Supreme People's court.

Article 237th  The intermediate people's court sentenced two year stay of execution case, approved by a higher people's court.

Article 238th  The Supreme People's court review of death penalty cases, the higher people's Court of judicial review of death sentence with a suspension of execution shall be made by the case, judge three people formed a collegiate bench.

Article 239th  The Supreme People's court shall make a review of death penalty cases, approved or not approved the death penalty verdict. For not to approve of the death penalty, the Supreme People's court may remand the case for retrial or reheard.

Article 240th  The Supreme People's court review of death penalty cases, it shall interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer.

In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate, the death penalty review results.

The fifth chapter is the procedure for trial supervision

Article 241st  The party or his legal representative, close relative, ruled against a legally effective judgment,, can appeal to the people's court or the people's Procuratorate, but cannot stop judgment, the execution of the ruling.

Article 242nd  The party or his legal representative, close relatives of the complaint meets one of the following cases, the people's court shall re trial:

(a) there is new evidence to prove that the original decision, ruled that the fact that there are errors, may affect the conviction and sentencing;

(two) according to the conviction and sentencing evidence does not really, not fully in accordance with the law, should be excluded, or proof by contradiction between the main facts of the case evidence exists;

(three) the original judgment, that there is some error in the application of the law;

(four) violating the legal procedure, which may affect the fair trial;

(five) the judges in the trial of the case, take bribes, play favouritism and commit irregularities, perverted the law behavior.

Article 243rd the people's courts at all levels of a legally effective judgment and ruling of the hospital, if found in the determination of facts or law is wrong, must be submitted to the judicial committee.

The Supreme People's court has a legally effective judgment of the people's courts at all levels and the ruling People's court at a higher level, a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right to examine or order an inferior people's court for retrial.

The Supreme People's Procuratorate of a legally effective judgment of the people's courts at all levels and the ruled, the higher people's Procuratorate a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right in accordance with the procedure for trial supervision to the people's court at the same level of a protest.

Case protested by a people's Procuratorate, accepted by a people's court shall form a collegial panel to hear the facts in the original judgment, unclear or the evidence is insufficient, can direct the people's court at the lower level for retrial.

Article 244th  The higher people's court order the lower court to rehear the people's court at a lower level, it shall order the people's court hearing outside; by the people's court is more appropriate, can also order the people's court.

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

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

Article 246th  The decision of the people's court retrial cases, need to take compulsory measures against the defendant, the people's court shall be decided by the people's Procuratorate protest; retrial cases, need to take compulsory measures against the defendant, decided by the people's procuratorate.

The people's court in accordance with the procedure for trial supervision may decide to suspend the trial of the case, the original judgment, the execution of the ruling.

Article 247th  The people's court in accordance with the procedure for trial supervision to the trial of the case, should be made in question, the retrial decision date concluded within three months, need to extend the time limit, shall not exceed six months.

Accepted by a people's court in accordance with the procedure for trial supervision and judicial appeal cases, provisions on the trial period of the preceding paragraph shall apply to the people's court at a lower level; to command a retrial, shall receive a month to decide protest day period, lower level people's court case with the provisions of the preceding paragraph.

Fourth Executive

Article 248th  Judgments and orders shall be executed after they become legally effective.

The following judgments and orders are legally effective judgments and orders:

(a) has the statutory time limit not appeal, appeal the verdict;

(two) the final judgment or ruling;

(three) the Supreme People's court approved the death sentence and the higher people's court approved two year stay of execution of the sentence.

Article 249th  The people's Court of first instance verdict cleared the accused man, exempted from criminal punishment, if the defendant in custody shall be released immediately after the verdict.

Article 250th  The Supreme People's court sentenced and approved the immediate execution of death sentence, shall be made by the president of the Supreme People's Court issued the command execution.

Sentenced to two year stay of execution of criminals, in execution period, if not intentional crime, the death sentence with a reprieve expires, it shall be commuted, the executing organ shall put forward written opinions, to a higher people's court; if the intentional crime, if true, should be executed, approved by a higher people's court shall be submitted to the Supreme People's court.

Article 251st  If the people's court to the Supreme People's court orders of execution, shall be executed within seven days. But one of the following circumstances, should stop the execution, and immediately report to the Supreme People's court, the Supreme People's court for a ruling:

(a) before the execution is found in the judgment may be wrong;

(two) in the implementation of the criminal exposes major criminal facts or other major meritorious service, may require revision;

(three) if the criminal is pregnant.

The first, lost second to stop the execution after the reasons, must be submitted to the Supreme People's court re issue of the command execution to perform; because of the third reasons to stop execution, shall be submitted to the Supreme People's court shall be amended according to the law.

Article 252nd  The people's court in the delivery of execution, shall notify the people's Procuratorate at the same level to the spot supervision.

Shooting or injection method of execution of the death penalty.

A death sentence may be executed on the execution ground or in a designated place of custody.

The judicial personnel command execution, shall verify the identity of the criminal, interrogation has any last words, letters, and then executed for execution of the death sentence. Before the execution, if it is found that there may be an error, the execution shall be suspended, submitted to the Supreme People's court.

The death penalty should be released, should not be publicly.

After a death sentence is executed, the court clerk on the scene shall prepare a written record. The people's court shall deliver the execution situation report to the Supreme People's court.

After the execution, delivery of the court enforcement shall notify the family members of the criminal.

Article 253rd  The criminal was delivered to the execution of the sentence, the people's court shall be executed in the verdict within ten days after the relevant legal documents to a public security organ, a prison or other executing organ.

Sentenced to two year stay of execution, shall be sentenced to life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. To be sentenced to criminal punishment, was executed, the remaining term of his sentence in the following three months, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ.

For juvenile delinquents shall be the execution of criminal punishments on juvenile delinquents.

An executing organ shall take custody of criminal in time, and notify the family members of the criminal.

Sentenced to prison, criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.

Article 254th  To be sentenced to criminal detention or, in any of the following circumstances, can the temporary execution outside prison:

(a) have a serious need for medical treatment;

(two) pregnant or breast-feeding her baby;

(three) the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community.

Sentenced to life imprisonment, with the provisions of the second case, can the temporary execution outside prison.

To apply for medical treatment may be a danger to the society of criminals, or self injury self mutilation of criminals, not for medical treatment.

The criminal is a serious disease, must be released for medical treatment, the hospital diagnosis and issue the documents designated by the people's government at the provincial level.

In the delivery of the temporary execution outside prison before the execution, the people's court executed; in the delivery of execution, the temporary execution outside prison written opinions put forward by prison or detention, approved by the provincial prison administration departments or districts of the city level public security organs.

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

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

Article 257th  The temporary execution outside Prison Criminals, one of the following circumstances, should be promptly sent to prison:

(a) is found not to conform to the temporary execution outside prison conditions;

(two) a serious breach of the temporary execution outside prison supervision and management regulations;

(three) the temporary execution outside prison after the disappearance of the circumstances, the sentence is not full.

The decision of a people's court temporary execution outside prison criminals should be put in prison, decided by a people's court, the relevant legal documents to a public security organ, a prison or other executing organ.

Do not meet the conditions of the temporary execution outside prison through bribery and other illegal means by the temporary execution outside prison, during the execution of sentence outside prison shall not be included in the term of execution. The criminals in the temporary execution outside prison during the escape, escape is not included in the term during execution.

Prisoners died in the temporary execution outside prison period, the executing organ shall timely notify the prison or detention.

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

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

Article 260th  Be sentenced to a fine of criminals, expired not to pay, the people's court shall compel payment; if an irresistible disaster has true difficulties in paying, an order may be made to reduce or exempt.

Article 261st  Confiscation of property judgment, whether additional punishment or independently, are executed by the people's court; when necessary, can be jointly with the public security organ.

Article 262nd  The criminals in prison again commits a crime, or that the decision was not found guilty, the executing organ shall transfer to the people's Procuratorate handling.

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

Article 263rd  The people's Procuratorate believes that the people's court commutation, parole court is improper, shall within twenty days after the receipt of the order book copy, submit a written recommendation to the people's court. The people's court shall receive rectification opinions within one month after the re form a collegial panel to conduct the trial, to make a final decision.

Article 264th  Prison or other executing organ in the execution of punishment, if there is an error in the judgment or the criminal complaint, it shall refer the matter to the people's Procuratorate or the people's court.

Article 265th  The people's Procuratorate of the execution of criminal punishments by executing organs supervise the legality. If found illegal, it shall notify the executive organs to correct.

The fifth series The special procedure

First chapter A minor procedure of criminal case

Article 266th  On juvenile delinquency to implement education, probation, save policy, giving priority to education, supplemented by the principle of punishment.

The people's court, the people's procuratorates and the public security organs for minor criminal cases, should guarantee minors to exercise their litigation rights, protection of minors legal help, and undertaken by the judges, with minor physical and psychological characteristics of the prosecutors, investigators.

Article 267th  The juvenile criminal suspects, the accused does not entrust a defender, the people's court, the people's Procuratorate, the public security organ shall inform the legal aid institutions appointed a lawyer for the defence.

Article 268th  The public security organs, people's Procuratorate, the people's court for minor criminal cases, according to the situation of the juvenile criminal suspects, defendants growth experience, the causes of crime, care and education investigation.

Article 269th  Strictly limited to the juvenile criminal suspects, defendants shall apply the arrest measure. The people's Procuratorate for examination and approval of arrest and the decision of the people's court shall interrogate arrests, juvenile criminal suspects, defendants, listen to the views of lawyers.

The detention, arrest and execution of the criminal punishment of minors and adults should be held, respectively, respectively, education management.

Article 270th  For minor criminal cases, at the time of interrogation and trial, it shall notify the juvenile criminal suspects, the legal representative of the defendant at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives may also notify the juvenile criminal suspects, defendants, on behalf of the local schools, units, place of residence or juvenile protection organizations of the scene, and the relevant record. Present legal representative may exercise the juvenile criminal suspects, the defendant's litigation rights.

The present legal representative or other personnel that investigators violations of the legitimate rights of minors in the interrogation, trial, can give advice. The interrogation record, the court record shall be delivered to the present legal representative or other personnel to read or read to him.

Interrogation of female juvenile criminal suspects, there should be a female staff is present.

The trial of juvenile criminal cases, minor last statement by defendant, his legal representative may be supplementary statement.

Ask the underage victim, witness shall apply, first, second, third.

Article 271st  For minors suspected of criminal law the fourth chapter, the fifth chapter, the sixth chapter provisions of the crime, may be sentenced to the penalty for a year, in line with the conditions for prosecution, but there is repentance, the people's Procuratorate may decide not to prosecute the conditional decision. The people's Procuratorate before making a decision of conditional non prosecution, the victim shall listen to the views of the public security organ.

No prosecution for conditional decision, the public security organ for reconsideration, the victim for review or appeal, this Law shall apply to Article 175th, article 176th.

The juvenile criminal suspects and their legal representatives shall decide on the people's Procuratorate of the non prosecution of additional conditions have objection, the people's Procuratorate shall make a decision of prosecution.

Article 272nd  In the non prosecution of additional conditions of the testing period, the conditional non prosecution of the minor suspects of supervision by the people's procuratorate. The guardian of the juvenile suspects, should strengthen the discipline to the juvenile criminal suspects, with the people's Procuratorate to the supervision and inspection work.

The non prosecution of additional conditions test for a period of six months or more for less than a year, the calculation of conditional non prosecution decision from the people's Procuratorate date.

Is the conditional non prosecution of the minor criminal suspects, shall comply with the following provisions:

(a) to abide by the laws and regulations, submit to supervision;

(two) reporting his activities in accordance with the provisions of the observing organ;

(three) leave live in city, county, or relocating, organ for approval before;

(four) received correction and education in accordance with the requirements of the observing organ.

　　

Article 273rd  Is the conditional non prosecution of the minor criminal suspects, one of the following circumstances in the test period, the people's Procuratorate shall revoke the decision of conditional non prosecution, prosecution:

(a) the implementation of the new crime or the discovery of decided to non prosecution of additional conditions before other crimes prosecution;

(two) in violation of public security administration regulations or provisions on the supervision and administration of the inspection authorities relating to the non prosecution of additional conditions, if the circumstances are serious.

Is the conditional non prosecution of the minor criminal suspects, no such situation in the test period, the test period, the people's Procuratorate shall make a decision not to initiate a prosecution.

Article 274th  The defendant when the trial under the age of eighteen cases, not a public hearing. However, with the consent of the juvenile defendant or his legal representative, the juvenile defendant's school and the minors protecting organizations can be represented at.

Article 275th  When he committed the crime under the age of eighteen, was sentenced to the punishment of five years, shall seal up the relevant criminal record.

Criminal records are sealed, not to any units and individuals, but the judicial organ for handling the need or the relevant units according to the provisions of the state for query except. Query units according to law, shall be sealed criminal record be kept confidential.

Article 276th  For minor criminal cases, unless otherwise stipulated in this chapter have, in accordance with the other provisions of this law.

The second chapter   The parties reconciliation in cases of public prosecution procedure

277th the following a case of public prosecution, criminal suspects, defendants sincere repentance, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle:

(a) caused by civil disputes, suspected of criminal law the fourth chapter, the fifth chapter stipulated crime, may be sentenced to three years in prison following the penalty;

(two) in addition to outside of the malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases.

The suspect, the defendant within five years had intentionally the crime, not the provisions of this chapter shall apply program.

Article 278th  Reconciliation, the public security organs, people's Procuratorate, the people's court shall listen to the opinions of the parties and other relevant personnel to review comments, voluntary reconciliation, legitimacy, and presided over the production settlement agreement.

Article 279th  To reach a settlement agreement case, the public security organ may make suggestions to the people's Procuratorate leniency. The people's Procuratorate may recommend lenient penalties to the people's court; for minor crimes, without penalty, may decide not to initiate a prosecution. The people's court may, according to law, the defendant lenient punishment.

The third chapter   The suspect, the defendant, escaping death cases of illegal income confiscated program

Article 280th  For the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or criminal suspects, defendants to death, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, the people's procuratorate can put forward to the confiscation of illegal income shall apply to the people's court.

The public security organ considers that the circumstances as prescribed in the preceding paragraph, shall write the confiscation of illegal income opinions, to the people's procuratorate.

The confiscation of illegal income shall provide the relevant evidence materials application and the facts of the crime, the illegal income, and specify property types, number, location and attachment, seizure, freezing condition.

The people's court when necessary, seizure, seizure, freezing can apply for the confiscation of property.

Article 281st  The confiscation of illegal income application, by the criminal suspect, the defendant or the place of residence of the intermediate people's court formed a collegiate bench trial.

The people's court shall confiscate the illegal income after the application, shall be issued a notice. The announcement during a period of six months. People near relatives or any other interested the suspect, the defendant has the right to apply to participate in the litigation, or may entrust an agent to participate in the proceedings proceedings.

The people's court at the expiry of the notice to the confiscation of illegal income for trial. The interested parties to participate in the proceedings, the people's court shall open the court session.

Article 282nd  The people's court, to verify illegal income and other involved property, except to be returned to the victim, shall make a ruling shall be confiscated; does not belong to the property shall be recovered, the court shall apply, lifting attachment, seizure, freezing measures.

The people's court in accordance with the provisions of the preceding paragraph decision, near relatives or any other interested the suspect, the defendant or the people's procuratorate can appeal, appeal.

Article 283rd  During the trial, criminal suspects, defendants, surrendered or captured, the people's court shall terminate the trial.

Confiscation of criminal suspects, defendants property is wrong, he shall return, compensation.

The fourth chapter   The mental patient does not bear criminal responsibility according to the law of compulsory medical procedures

Article 284th  The violence, endangers public security or serious harm to personal safety, the mental patient through legal procedures shall not bear criminal responsibility identification, continue to harm society possible, can be compulsory medical.

Article 285th  According to the provisions of this chapter shall compulsory treatment of mental patients, decided by a people's court.

Public security organs found mental patients comply with the compulsory medical conditions, should write compulsory medical opinion, to the people's procuratorate. For mental patients in the process of review and prosecution was transferred by the public security organ or in accordance with compulsory medical conditions, the people's Procuratorate shall forward the application to the people's court for compulsory medical. The people's court in the case was found during the defendant comply with the compulsory medical conditions, can make the compulsory medical decisions.

The mental patient to violence, in the decision of a people's court compulsory medical treatment, the public security organ may take protective measures to restrain the temporary.

Article 286th  The people's court for compulsory treatment application, shall form a collegial panel to conduct the trial.

The people's court compulsory medical case, it shall notify the applicant or the legal representative of the defendant at. The applicant or the accused does not entrust agents ad litem, the people's court shall inform the legal aid institutions to appoint a lawyer for legal assistance.

Article 287th  The people's court, for the respondent or defendant comply with the compulsory medical conditions, should be made compulsory medical treatment within one month of the decision.

Decided by the compulsory medical person, the victim or his legal representative, close relative refuses to accept the compulsory medical decision, may apply to a people's court at the next higher level for reconsideration.

Article 288th  Compulsory medical institution shall regularly to be compulsory medical person for diagnostic assessment. To have nothing to do with the personal danger, no need to compulsory medical treatment, shall timely termination of opinion, reportedly decided to the approval of the people's court for compulsory treatment.

Be forced to medical men and their near relatives shall have the right to apply for cancellation of the compulsory medical.

Article 289th  The people's Procuratorate decision and execution of compulsory medical supervision.

Supplementary articles

Article 290thThe security departments of the army took place within the criminal case to exercise the power of investigation.

In jail for the criminal cases of crimes of investigation by the prison.

The security departments of the army, prison in handling criminal cases, the relevant provisions of this Law apply.