Explain: Tianda criminal defense team in96Years after correction"Criminal Procedure Law of the people's Republic of China"On the basis, according to the2012Years3Month14The Eleventh National People's Congress on the fifth session of the National People's Congress on the revision of "<The criminal procedure law of the people's Republic of China>Decision "made the corresponding revision, form2012Edition of the "the people's Republic of China Criminal Procedure Law ("2013Years1Month1The date of promulgation), whichThe other method of this Law shall be amended in the referenced are. It is uploaded to the common learning, discussion. However, because the capacity is too large, only batch upload. Time, there may be some deficiencies. Welcome to all of you.

[note] the shadow part for amendment to clause, the thickened part for the correction of content (except did not change, chapter, section name), blue font for the defenders and agents ad litem, part.

 

The criminal procedure law of the people's Republic of China (Revised)

(1979Years7Month1The Fifth National People's Congress by the second meeting of the1996Years3Month17The Eighth National People's Congress Fourth Conference "on the revision of the criminal procedure law '' of the people's Republic of China revised according to the decision"2012Years3Month14The Eleventh National People's Congress fifth conference "on the revision of 'of the people's Republic of China Criminal Procedure Law' decision" correction)

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, the maintenance of the socialist legal system,Respect for and protection of human rights, protect citizen's 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 safeguardCriminal suspects, defendants 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) endanger State 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 a higher people's court trial.

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 avoidance

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, by the people's Procuratorate at the same level procuratorial committee.

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.

The thirty-first chapter on 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 of criminal suspectsSince the first interrogation by the investigatory organ or coercive measures taken to date, have the right to appoint a defender;In the period of investigation,Can only entrust the 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,Present materials and arguments 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.

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, review and prosecution, the people's Procuratorate collected during the public security organs to prove the suspect, defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court.

The suspect fortieth defenders 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.

Article 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 To defend orAny other person, not 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,The defender is suspected of committing 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.

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.

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) audio-visual materials,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 privacyEvidence, shall be kept confidential.

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.

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 of both sidesQuality certificate and verified afterCan be taken 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-fourth The 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.Affected with a serious 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 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 articleArticle sixty-nineRegulations.

(two) found that the guarantor may occur or has occurred in violation of the provisions of articleArticle sixty-nineThe provisions of the act, shall promptly report to the executing organ.

That the guarantor is in violation of the provisions of articleArticle sixty-nineThe provisions of the act,The guarantor fails to perform the obligation of guarantee, to ensure the fine people, 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.

The seventy-second people's court, the people's procuratorates and the public security organs to meet the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, to residential surveillance:

(a) with a serious disease, the life cannot provide for oneself;

(two) pregnant or breast-feeding her baby;

(three) the only supporter, life can not take care of the people;

(four) because of the need for the special circumstances of the case or the handling of cases, take measures are more suitable for residential surveillance;

(five) detention period expires, the case has not yet completed, need to residential surveillance measures.

To meet the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, to residential surveillance.

Residential surveillance shall be executed by a public security organ.

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 designated residence residential surveillance shall to be shortened. Be sentenced to control, surveillance, the term is to be shortened by a day; sentenced to criminal detention, fixed-term, residential surveillance for two days to be shortened by one day.

Article 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 or not to meet with othersSignal communication;

(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 takeElectronic monitoring, not regular inspectionThe monitoring method of monitoring of compliance with the provisions of the residential surveillance; in the period of investigation, the criminal suspectsMonitoring communication.

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,Take the guaranteed pending trial is not enoughTo 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,Be sentenced penalty above ten years, or there is evidence to prove the facts of the crime, may be sentenced penalty above, onceAn 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 relativeOr the defenderHave the right to apply for alteration of the compulsory measures.Receive request the people's court, people's Procuratorate and the public security organs,The decision shall be made 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;Need to verify, trial, the criminal suspect, the defendant can bail or residential surveillance.

Article ninety-seventh the people's courts, the people's Procuratorate or the public security organ of 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 orCounselForced to take measures for the people's court, people's Procuratorate or public security organThe statutory time limit expiresOf, have the right to request the cancellation of the 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 107th The 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, the authorities have the right toComplaint or accusation:

(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.

When the 121st investigators in the interrogation of 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, 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, inThe sceneThe witness, can also go to the unit, residence orThe proposed locationFor, 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.

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

Article 124th The provisions of articleArticle one hundred and twentyThe provisions also apply to the questioning of witnesses.

Article 125th Ask 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, byThe head of a public security organApproval, 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, surrender may prove the criminal suspect's guilt or innocence material evidence, documentary evidence, audiovisual materialsEvidence.

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 section AttachmentMaterial evidence, documentary evidence, seizure

Article 139th Found in investigative activitiesCan be used to prove the criminal suspect's guilt or innocence of theKind of property,Documents, shallAttachment,Seizure; irrelevant to a case, file property, shall not beAttachment,Seizure.

YesAttachment,The seizure of property, documents, shall be properly kept or sealed up, do not use,ExchangeDamage or destruction of.

Article 140th YesAttachment,The seizure of property, documents, should be with the eyewitnesses andThe seizure,Distraint, file holder now clear, on the list in 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 etc.Property that has been frozen, it may not be frozen again.

Article 143rd YesAttachment,The seizure of property, documents, mail, telegram or frozen deposits, remittances,Bond, stock, fund and other propertyThrough investigation, unrelated to the case, shall be cancelled within three daysAttachment,The seizure, freezing,Refunded.

The seventh section identification

Article 144th In 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, the experts shall writeOpinion, and signature.

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

Article 146th The investigation organ shall be used as the evidence of identificationOpinionTo 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 investigation measures

Article 148th the public security organs in the case, for the crime of endangering national security, terrorism, organized crimes of the underworld, serious drug crime or other serious harm to society of criminal cases, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation.

The people's Procuratorate in the case, the major crime of embezzlement, bribery crimes and serious violations of civil power of body right use, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation, in accordance with the regulations to relevant authorities.

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

Article 149th the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. Since the date of issue of the approval decision within three months. Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation, after approval, the validity period may be extended, each time shall not exceed three months.

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

The investigators state secrets, to know to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential, to take measures of technical investigation; get nothing to do with the case materials, must be destroyed.

Adopt the measures of technical investigation to obtain material, can only be used for crime investigation, prosecution and trial, shall not be used for other purposes.

Public security organs to take measures of technical investigation according to law, the relevant units and individuals shall cooperate with the relevant information, and shall keep secret.

151st in order to find out the truth, when necessary, by the public security organs of the person responsible for the decision, by the relevant personnel to conceal its identity of the implementation of the investigation. However, not tempt others to commit a crime, not methods may endanger public safety or serious personal danger.

The payment of goods prohibited drugs or property crime, the public security organ according to the investigation of a crime, in accordance with the provisions of the implementation can be controlled delivery.

Article 152nd in accordance with the provisions of this section to investigative measures collected materials can be used as evidence in criminal proceedings. If you use this evidence may endanger the personal safety, or have other serious consequences, shall take not to expose the identity, technology and other relevant personnel protection measures, when necessary, can by the judge in the court to verify evidence.

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.