The amendment of criminal procedure law and criminal procedure law draft 97 table (below)



 

45105th, in order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body.
If a criminal suspect refuses to be examined, the investigators deem it necessary, may be forced to check.
Check the women's body, should be conducted by female officers or doctors. (revision 129th)

 

 

46The new law, (see right)

 

 

 

 

47The new law, (see right)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

48,The second part second chapter sixth section, 115th, 118th, 142nd, 158th, 198th"Seizure"Amended as"Attachment, seizure","Goods"Amended as"Property".

 

 

 

 

 

 

 

 

 

 

 

 49114th, in reconnaissance, search that may be used to prove various articles and documents, the suspect's guilt or innocence shall be seized; irrelevant to a case may not be seized items, documents.
Seized articles and documents, shall be properly kept or sealed up, and shall not use or damage. (revision 138th)

 

 

 

50,The new law (see right)

 

 

 

 

 

 

 

51,Article 120th after verification, shall write a conclusion of expert evaluation, and signature.
Medical identification of personal injury controversial needs to be identified or medical expertise on mental illness, designated by the people's government at the provincial level hospital. After verification, shall write a conclusion of expert evaluation, and signed by the appraiser, a hospital official seal.
Identification of intentionally makes a false verification, he shall assume legal responsibility. (revision 144th)

 

 

 

 

 

 

 

52A new day

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

53,Article 128th in the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 124th recalculation investigation detain deadline since the day of discovery.
The suspect does not tell his true name, address, the identity is unidentified, investigation detain deadline checking computation since the day of its identity, but do not stop the crime investigation. If the facts of a crime are clear, the evidence is reliable and sufficient, can also according to the name to the people's Procuratorate for examination and prosecution. (revision 157th)

 

 

54,Article 133rd 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. The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance. (revision 163rd)

 

55134th, the people's Procuratorate custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within ten days. Under special circumstances, a decision to arrest time can be extended by one to four days. The arrest is not necessary, he shall be released immediately; if further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance. (revision 164th)

 

56,139th people's Procuratorate the case, shall interrogate the criminal suspect, to listen to the victims and criminal suspects, the entrusted people's opinion. (revision 169th)

 

 

 

 

57,141st people's Procuratorate considers that the facts of the crime suspects have been ascertained, the evidence is reliable and sufficient, shall be investigated for criminal responsibility according to law, shall make a decision to prosecute, in accordance with the provisions for trial jurisdiction, to the people's court proceedings.(Amendment 171st)

 

 

58,Article 150th the case by the people's court for prosecution review, for the indictment with clear criminal facts and with the list of evidence, witness list and photocopies or photographs of major evidence, it shall decide the trial. (revision 180th)

 

59151st, the people's court has decided to open a court session, it shall proceed with the following work:
(a) determine the members of the collegial panel;
(two) the people's Procuratorate indictment copy in ten days before the opening on the defendant. If the defendant has not appointed a defender, inform the defendant may entrust a defender, or when necessary designate a lawyer who provides legal aid to defend;
(three) the time hearing, in three days before the opening of notice of the people's procuratorate;
(four) to summon the parties, notify the defender, agent ad litem, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of;
(five) the open trial case, the pre release, the name of the accused, 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. (revision 181st)

 

 

 

 

 60,152nd first instance in the people's courts shall be heard in public. But involving state secrets or personal privacy case, not a public hearing.
Above fourteen years of age under the age of sixteen cases involving crimes committed by minors, are not tried publicly. Above sixteen years of age under the age of eighteen cases involving crimes committed by minors, the general is not a public hearing.
For non public hearing of the case, shall not be heard in public reason announced in court. (revision 182nd)

 

 61153rd, the people's courts in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution, but in accordance with the provisions of law 175th of the application of summary procedure, the people's Procuratorate may send no procurators to the court. (revision 183rd)

 

62,The new law (see right)

 

 

 

 

 

63,159th 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 court for the above application, shall make a decision whether to consent. (revision 191st)

 

 

 

 

 

64160th, 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. (revision 192nd)

 

 

65162nd, 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. (revision 194th)

 

 

 

 

 

66168th, the people's court shall accept the case of public prosecution, within one month after the sentence, not later than one month and a half. The act of 126th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month.
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. (revision 201st)

 

 

67174th, the people's court for the following cases, may apply summary procedure, tried by a single judge:
(a) according to the law may be sentenced to three years in prison, detention, control, single punishment in cases of public prosecution of gold, the facts are clear, the evidence, the people's Procuratorate suggestions or to apply summary procedure;
(two) to be handled the cases;
(three) the victim charges have evidence to prove that they are minor criminal cases. (revision two hundred and seven)

 

 

 

 

 

68,The new law (see right)

 

 

 

 

 

 

 

 

 

 

 69175th, summary procedure applies to the trial of cases of public prosecution, the people's Procuratorate may send no procurators to the court. The defendant may make a statement and defense indictment alleged crime. The people's Procuratorate sends procurators to the court, with permission of the judges, the defendant and his counsel may debate with the public prosecutor. (revision two hundred and nine)

 

 

 

70,The new law (see right)

 

 

 

 

 

 71,176th application of simple procedure in a case of private prosecution, read out the bill of prosecution, with permission of the judges, the defendant and his counsel may debate with the private prosecutor and his agents ad litem.(Amendment two hundred and eleven)

 

 

72The trial of the case, 177th simplified procedures, not subject to the first section of this chapter on the interrogation of a 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. (revision two hundred and twelve)

 

 

73The trial of the case, 178th of the summary procedure, the people's court shall be concluded within twenty days after receiving. (revision two hundred and thirteen)

 

 

 

74,The new law (see right)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

75,The new law (see right)

 

 

 

 

 

 

 

 

 

76,Article 187th the people's Court of second instance cases on appeal, shall form a collegial panel, trial. A collegial panel after scoring, interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions, the facts are clear, can not hearing. Case protested by a people's Procuratorate, the people's Court of second instance shall open the court session.

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. (revision 222nd)

 

 

 

 

 

 

 

 

 

 77188th, a people's Procuratorate prosecution cases protested case or the people's Court of second instance trial, the people's Procuratorate at the same level shall send personnel to the court. The people's Court of second instance shall be ten days before opening of the court session, notify the people's Procuratorate to examine the case files. (revision 223rd)

 

 

 

 

78189th, 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.(Amendment 224th)

 

 

 

 

 

 

 

 79196th, the people's Court of second instance accepting a case of appeal or protest, it shall conclude the trial of the case within one month, not later than one month and a half. The act of 126th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month, but the Supreme People's court accepts a case of appeal or protest, decided by the Supreme People's court. (revision 231st)

 

 

 

 

 

80,The new law (see right)

 

 

 

 

 

 

 

 

 

 81,Article 213rd criminal is handed over for execution of the sentence, the people's court shall be executed by the relevant legal documents to a prison or other executing organ.
Who is 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. For was sentenced to criminal punishment, was executed, the remaining term of his sentence in the following year, 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. (revision 250th)

 

 

82For the 214th article, was 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.
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.
If a criminal is truly serious diseases, must be released for medical treatment, the hospital issued documents designated by the people's government at the provincial level, and in accordance with the procedures prescribed by law.
Findings were released on medical parole criminals do not meet the medical parole conditions, or seriously violates the relevant medical parole provisions, shall timely put in prison.
For sentenced to prison, detention, the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community criminals, can the temporary execution outside prison.
For the temporary execution outside Prison Criminals, performed by the residence of the public security organ, the executing organ shall on its strict management and supervision, the original unit grass-roots organization or the criminals to assist in supervision. (revision 251st)

 

 

 

83,The new law (see right)

 

 

 

 

 84,Article 216th the temporary execution outside prison after the disappearance of the circumstances, the criminal sentence is not full, it shall timely put in prison.
Prisoners died in the temporary execution outside prison period, it shall timely notify the prison. (revision 254th)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 85For the 217th article, was sentenced to probation criminals, by the public security organ to the unit or the basic level organization review.
For a parolee, during the probation period, the public security organ shall supervise. (revision 255th)

 

 

86218th, who is sentenced to control, deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the executing organ shall notify me, and to the masses concerned publicly announced deregulation or the restoration of political rights. (revision 256th)

 

 

 

87, 221st 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. (revision 259th)

 

 

  

45(New), 129th, 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 collect fingerprint, blood 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.(The original 105th)

 

46(New) 113rd:"For the public security organ for investigation of the murder and other major cases, the people's Procuratorate may put forward opinions and suggestions on the investigation activities."(a)

 

47(New), 114th:"The party and the defender, agent ad litem, interested party considers that the judicial organs and their staff in any of the following acts, infringe upon their legitimate rights and interests, the right to sue to the judicial organ to file a complaint or:
    "
(a) to take coercive measures to the statutory period, not to be released, dissolution or change of compulsory measures;
    "
(two) shall refund the bail deposit not to return;
    "
(three), seizure, seizure of illegal raids, freezing and other investigative measures;
    "
(four) shall terminate the seizure, seizure, freezing not to release;
    "
(five) prevents the defenders and agents ad litem, shall perform their duties according to law.
    "
The admissibility of the complaint or accusation shall be timely treatment. To handle the appeal, can be to the same level or the people's Procuratorate at a higher level appeal. The people's Procuratorate shall timely examine the complaint, it may be necessary to carry out investigation to verify the relevant situation; for the case, be corrected according to law."(a)

 

48,The sixth sectionSeizure(instead, "attachment, seizure")Material evidence, documentary evidence

Article 115th for theSeizure(instead, "attachment, seizure")Articles and documents, should be with the eyewitnesses andSeizure(instead, "attachment, seizure")The holder of the articles on the spot check 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 118th for theSeizure(instead, "attachment, seizure")TheGoods(To property), file, mail, telegram or frozen deposits, remittances, find out the irrelevant to the case, shall be cancelled within three daysSeizure(instead, "attachment, seizure"), freezing, returned to their original owners or the original post and telecommunications offices. 

 

49, 138th, amended as:"Found in investigative activities may be used to prove the guilt or innocence of the criminal suspect's property and documents, shall be seized, seizure of property; irrelevant to a case, file, shall not be seized, seizure.
    "
For the attachment, seizure of property, documents, shall be properly kept or sealed up, shall not use, exchanged or damaged."(formerly 114th)

 

50(New) 120th:"When the investigators suspect, can the audio or video recording of the interrogation process; may be sentenced to life imprisonment or death, shall carry out the sound recording or video recording of the interrogation process.
    "
Audio or video recordings shall be full, maintain integrity."(a)

 

51(New), 144th, revised as:"After verification, it shall make a written expert opinion, and signature.
    "
Medical identification of personal injury controversial needs to be identified or medical expertise on mental illness, designated by the people's government at the provincial level hospital. After verification, it shall make a written expert opinion, and signed by the appraiser, a hospital official seal.
    "
Designated by the provincial people's government hospital, identification of the work in the second paragraph, shall be in accordance with the relevant provisions of the state judicial appraisal management executive.
    "
Identification of intentionally makes a false verification, he shall assume legal responsibility."(formerly 120th)

 

 

52(New), in the second part second chapter seventh section after the increase, as in section eighth:
    "
Section eighth of technical investigation
    "
Article 147th the public security organs in the case, for the crime of endangering national security, terrorism, organized crimes of the underworld, serious drug crime or other serious harm to society of criminal cases, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation.
    "
The people's 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.
    "
Hunt is wanted or approved, and decided to arrest the escaped criminal suspects, defendants, approved, technical investigation measures can be taken to hunt the necessary.
    "
Technical investigation measures shall be executed by a public security organ.
    "
Article 148th the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. The decision of approval issued since the date is valid for three months. Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation, after approval, the validity period may be extended, each time shall not exceed three months.
    "
Article 149th to take measures of technical investigation, should be strictly in accordance with the approved measures types, objects and for the implementation.
    "
Investigators for the state secrets, to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential, to take measures of technical investigation; the case had nothing to do with information and facts and materials, shall be destroyed without delay.
    "
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.
    "
150th in order to find out the truth, when necessary, by the public security organ at the county level or above the person responsible for the decision, by specific personnel to carry out the secret investigation.
    "
The implementation of secret investigation, may induce others to crime, not methods may endanger public safety or serious personal danger.
    "
The 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 151st in accordance with the provisions of this section to investigative measures collected materials can be used as evidence in criminal proceedings.
    "
Through the implementation of secret investigation to collect evidence, if the use of such evidence may endanger the personal safety of specific personnel, or may have other serious consequences, shall take not to expose the true identity of specific personnel protection measures, when necessary, by the judge in the court to verify evidence."

 

53(New), 157th, the first paragraph is revised as follows:"In the period of investigation, found the suspect another major crimes, with the approval of the investigation organ level, in accordance with the provisions of article 153rd of the re calculation of investigation detain deadline." 

The suspect does not tell his true name, address, the identity is unidentified, investigation detain deadline checking computation since the day of its identity, but do not stop the crime investigation. If the facts of a crime are clear, the evidence is reliable and sufficient, can also according to the name to the people's Procuratorate for examination and prosecution. (formerly 128th)

 

54(New), 163rd, revised as:"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. (formerly 133rd)

 

 

55(New), 164th, revised as:"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; if further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.("The original 134th)

 

56(New), 169th, revised as:"The people's Procuratorate to examine the case, shall interrogate the criminal suspect, to listen to the defendants, victims and their agents ad litem, opinions, and indicate in the record. The defender, the victim and his litigation representative put forward written opinions, shall be attached."(formerly 139th)

 

57(New), 171st, revised 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."(formerly 141st)

 

58(New), 180th, revised as:"The people's court for prosecution review, for the indictment with clear criminal facts and with the evidence, it shall decide the trial."(formerly 150th)

 

 

59(New), 181st, revised 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. If the defendant has not appointed a defender, inform the defendant may entrust a defender, or to inform the legal aid institutions appoint lawyers to defend the.
    "
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 in three days before the opening of the time, the place to summon the litigants, notify the people's Procuratorate, notify the defender, agent ad litem, witnesses, appraisers and translators. For the open trial case, shall announce the, name of the defendant, 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."(formerly 151st)

 

60(New), 182nd first instance in the people's courts shall be heard in public. But involving state secrets or personal privacy case, not a public hearing.
Above fourteen years of age under the age of sixteen cases involving crimes committed by minors, are not tried publicly. Above sixteen years of age under the age of eighteen cases involving crimes committed by minors, the general is not a public hearing.
For non public hearing of the case, shall not be heard in public reason announced in court. (delete paragraph second, the original 152nd)

 

61(New), 183rd, revised 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."(formerly 153rd)

 

 

 

62(New), 158th:"The investigation organ in the case investigation before the end, can listen to the counsel's opinion, and indicate in the record. Defense lawyers put forward written opinions, shall be attached."(a)


63
,(New) 191st, 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 court for the above application, shall make a decision whether to consent.

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 an informed person to appear in court as a witness, expert opinion to put forward opinions on the identification of the."(formerly 159th)

 

64(New), 192nd, revised as:"With the permission of the presiding judge, the public prosecutor, the parties and the defenders and agents ad litem, can comment on the evidence, the case and conviction, sentencing 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."The 160th change(The original 160th)

 

65(New), 194th, 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.

One paragraph is added as the second paragraph:"The people's courts, treatment should be seized, seizure of property and fruits, frozen decisions. (formerly 162nd)

 

66, 201st, the first paragraph is revised as follows:"The people's court shall accept the case of public prosecution, within one month after the sentence, not later than one month and a half. The act of 155th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, and may be extended for two months. Because of the special circumstances of the case also need to extend the trial period, the approval or decision by the Supreme People's court."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. (formerly 168th)

 

67(New), 207th, revised as:"The jurisdiction of the basic level people's court cases, also meet the following conditions, the people's court may apply summary procedure for trial:
    "
(a) the case facts are clear, the evidence sufficient;
    "
(two) the accused confess their crimes, the indictment alleged criminal facts without objection;
    "
(three) the defendant has no objection to the application of summary procedure.
    "
The people's Procuratorate in the prosecution, the people's court apply summary procedure can be recommended."(formerly 174th)

 

68(New), 208th:"Any of the following circumstances, does not apply summary procedure:
    "
(a) if the defendant is blind, deaf, dumb people;
    "
(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."(a)

 

 

69(New), 209th, revised as:"Summary procedure applies to the trial of cases, may be sentenced to the punishment of three years, may be tried by a single judge; to be sentenced to three years in jail, 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."(formerly 175th)

 

70.New) 210th:"Summary procedure applies to the trial of cases, read out the bill of prosecution, adjudication personnel shall ask the defendant of the crime charged in the indictment the fact opinions; to inform the defendant law applies the summary procedure, to confirm whether the defendant agreed to hear the summary procedure applies.("One article is added)

 

71(New), 211st, revised as:"Application of summary trial procedure, the defendant can be stated and defended the indictment alleged crime. With permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem."(formerly 176th)

 

72(New), 212nd, revised as:"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."(formerly 177th)

 

73(New), 213rd, revised as:"Summary procedure applies to the trial of cases, the people's court shall accept the case within twenty days after; for may be sentenced to three years in prison, can be extended to a month."(formerly 178th)

 

74(New), 186th:"The testimony of witnesses have a significant impact on sentencing, and the public prosecution has objection, parties concerned or defender, agent ad litem, or 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 of objections, or the people's court that his testimony necessary, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion shall not be taken as a basis."(a)

 

75(New), 187th:"Notice of the people's court according to law, the witness should appear in court as a witness. Witness no justification for not according to the notice of the people's court to testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children.
    "
The witness without justifiable reasons to avoid court or court later refused to testify, 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.
    "
Expert witness, apply the provisions of the preceding two paragraphs."(a)

 

76(New), 222nd, the first paragraph is revised as follows:"The people's Court of second instance to the following cases, shall form a collegial panel, trial:
    "
(a) the defendant, private prosecutor and his legal representatives on the first trial of facts, evidence of objection, the people's Court of second instance that may affect the appeal the conviction and sentencing;
    "
(two) cases of appeal against the defendants were sentenced to death;
    "
(three) case protested by a people's procuratorate;
    "
(four) the people's Court of second instance shall hold a hearing that other cases.
    "
The people's Court of second instance decided not to hold a hearing, it shall interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions."A collegial panel after scoring, interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions, the facts are clear, can not hearing. Case protested by a people's Procuratorate, the people's Court of second instance shall open the court session. (formerly 187th)

 

77(New), 223rd, revised 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, shall send personnel to 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 check it up in twenty days. The people's Procuratorate to examine the case of time not included in the trial period."(formerly 188th)

 

78(New), 224th, 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.

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, defendants appeal or the people's Procuratorate, the people's Court of second instance after the trial, still believe that the facts are not clear or the evidence is insufficient, it shall make a judgment."(formerly 189th)

 

79(New), 231st, revised as:"The people's Court of second instance accepting a case of appeal or protest, it shall conclude the trial of the case within one month, not later than one and a half months; the people's Court of second instance court of appeal, the appeal case, no later than two months. The act of 155th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, and may be extended for two months, but the Supreme People's court accepts a case of appeal or protest, decided by the Supreme People's court. Because of the special circumstances of the case also need to extend the trial period, the approval or decision by the Supreme People's court."(formerly 196th)

 

80(New), 199th:"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, private prosecutor who is suffering from a serious disease, unable to appear in court;
    "
(two) the defendant escape;
    "
(three) 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."(a)

 

81(New), 250th, first paragraph, second paragraph is amended as follows:"The criminal was delivered to the execution of the sentence, the people's court shall be executed by the relevant legal documents to a public security organ, a prison or other executing organ.
    "
Who is 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. For was 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. (formerly 213rd)

 

82(New), 251st, revised as:"For was 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.
    "
If a criminal is truly serious diseases, 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."(formerly 214th)

 

83(New), 252nd:"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."(a)

 

84(New), 254th, revised as:"For 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, it shall timely notify the prison or detention."(formerly 216th)

 

 

85(New), 255th, revised as:"Who is 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."(formerly 217th)

 

 

86(New), 256th, revised as:"Sentenced to deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the executing organ shall notify me, and to the masses concerned publicly announced the resumption of political rights."(formerly 218th)

 

 

87(New), 259th, second paragraph is amended 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 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."(formerly 221st)

 

Add a series, as the fifth series:"The special procedure".

 

Ninety-five, Add a chapter, as the fifth series of the first chapter:
    "
The first chapter of juvenile delinquency proceedings
    "
Article 263rd for juvenile delinquency, the implementation of 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 to handle criminal cases of minors, should guarantee minors to exercise their litigation rights, protection of minors legal help, and by the judges, with minor physical and psychological characteristics of the prosecutors, investigators.
    "
Article 264th 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 265th for the juvenile criminal suspects, defendants, should strictly limit the application of arrest. The people's court decision of arrest and the people's procuratorates examination and approval of the arrest, it shall interrogate juvenile criminal suspects, defendants.
    "
The detention, arrest and execution of the criminal punishment of minors and adults should be held, respectively, respectively, education management.
    "
Article 266th for minor crimes, at the time of interrogation and trial, it shall notify the suspect, the defendant's legal agent at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives can also inform the suspect, the defendant, on behalf of the school, unit or place of residence of the village committee, residents' committees, the minors protecting organizations of the scene, and relevant information shall be marked in the transcripts of interrogation. Present legal representative may exercise the criminal suspect, 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.
    "
Trial of juvenile crime, juvenile last statement by defendant, his legal representative may be supplementary statement.
    "
Ask the underage victim, witness shall apply, first, second, third.
    "
Article 267th 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.
    "
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.
    "
268th not to prosecute in conditional test period, the conditional not to prosecute suspects for supervision by the people's procuratorate. The suspect's guardian, shall strengthen the discipline of 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 not to prosecute the suspect, shall comply with the following provisions:
    "
(a) to abide by the laws, administrative 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) accept education and correction according to the observing organ requirements.
    "
Article 269th the criminal suspect is the non prosecution of additional conditions, found in any of the following circumstances during 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 decision of non prosecution of additional conditions before other crime 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.
    "
By the conditional non prosecution of 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 270th trial of cases under eighteen years of age, not a public hearing.
    "
Article 271st in the court investigation, the people's court shall for the upbringing of the juvenile defendant, the causes of crime, the education transformation conditions were know.
    "
When the 272nd crimes under the age of eighteen, was sentenced to the punishment of five years, the judicial organs and the relevant departments 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 laws and regulations for query except. Query units according to law, shall be sealed criminal record be kept confidential.
    "
Article 273rd for minor criminal cases, unless otherwise stipulated in this chapter, in accordance with the other provisions of this law."

Ninety-six, Add a chapter, as the fifth parts with second chapters:
    "
The second chapter mediation in cases of public prosecution procedure
    "
Article 274th for the following cases of public prosecution, criminal suspects, defendants willing sincere repentance, obtain the forgiveness of the victims through compensation, apology and so on, the parties may reach a reconciliation agreement:
    "
(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 275th the parties reconciliation, the public security organs, people's Procuratorate, the people's court shall listen to the opinions of the parties and other relevant staff views, to review the settlement agreement voluntary, legitimacy, and presided over the production settlement agreement.
    "
276th 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 leniency."

Ninety-seven, 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
    "
Article 277th for the crime of embezzlement and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants absconded, appear in the wanted not a year later, or criminal suspects, defendants die, in accordance with the provisions of the criminal law shall be recovered and the illegal income and other properties involved in case, the people's Procuratorate may propose the confiscation of illegal income shall apply to the people's court.
    "
The application shall confiscate the illegal income listed property types, number, location and attachment, seizure, freezing conditions, and with the relevant evidential materials.
    "
The people's court when necessary, seizure, seizure, freezing can apply for the confiscation of property.
    "
278th, confiscate the illegal income and other properties involved in case 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.
    "
The people's court at the expiry of the notice to the confiscation of illegal income for trial. 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. Interested party has objection to the confiscation of illegal income of an application, the people's court shall trial.
    "
Article 279th the people's court, for the cards belonging to the illegal income property, except to be returned to the victim, shall make a ruling shall be confiscated; for that is not illegal income, shall make a ruling lifting attachment, seizure, freezing measures.
    "
The people's court in accordance with the provisions of the preceding paragraph decision, can put forward to appeal, appeal.
    "
280th during the trial, criminal suspects, defendants, surrendered or captured, the people's court shall terminate the trial.
    "
For the confiscation of criminal suspects, defendants property is wrong, he shall return."

Ninety-eight, add a chapter, as the fifth parts with fourth chapters:
    "
The fourth chapter the mental patient to violence forced medical procedures
    "
281st if a mental patient violence endangers public security or cause death, serious injury, upon verification and confirmation through legal procedure, do not bear criminal responsibility according to law, continue to harm society possible, the people's court may decide to compulsory medical.
    "
Article 282nd for violent behavior of mandatory medical treatment, by the people's Procuratorate applying to the people's court. The people's court shall form a collegial panel to conduct the trial for the respondent, comply with the compulsory medical conditions, can make the compulsory medical decisions. The people's court in the case was found during the defendant comply with the compulsory medical conditions, can be directly to make mandatory medical decision.
    "
The people's court compulsory medical case, it shall notify the applicant or the legal representative of the defendant at.
    "
In the decision of a people's court compulsory medical treatment, can be the applicant or the defendant to take protective measures to restrain.
    "
Article 283rd 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 284th the people's Procuratorate on execution of compulsory medical institutions are legitimate implementation supervision."

Ninety-nine, ninety-ninth, 126th, 127th, 132nd, 146th, 166th, 171st, 172nd, 192nd, 193rd cited in the clause number adjusted according to this amendment.
    
The criminal procedure law and the provisions of the relevant sections of the serial number be adjusted according to this amendment.