The amendment of criminal procedure law before and after comparison

  • Created:
  • / Author: Aaron Lewis

 

Before the amendment

After correction

Part I General Provisions

Part I General Provisions

The first chapter, aim and basic principles

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 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, to uphold the socialist legal system, the protection of citizens' rights of the person, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.

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, to uphold 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.

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.

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 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 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 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 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 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.

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.

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 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 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 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.

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 safeguard the litigant participant shall have the litigation rights.

  For minors under the age of eighteen criminal cases, in the time of interrogation and trial, can inform the criminal suspect, the legal representative of the defendant at. (delete)

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

The fourteenth people's court, the people's procuratorates and the public security organs shall protect the suspect, the defendant and other participants in the proceedings shall enjoyThe defense right and other 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 acquittal: (a) plot remarkable slight, little harm, not deemed as a crime; (two) the crime has been chasing the limitation period of action; (three) the amnesty punishment; (four) in accordance with the criminal law that crime, tell or withdraw told not; (five) the suspect, the defendant's death; (six) other laws provide an exemption from investigation of criminal responsibility.

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 acquittal: (a) plot remarkable slight, little harm, not deemed as a crime; (two) the crime has been chasing the limitation period of action; (three) the amnesty punishment; (four) in accordance with the criminal law that crime, tell or withdraw told not; (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.

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.

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

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 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.

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) counterrevolutionary cases, cases endangering State security; (two) the ordinary criminal cases punishable by life imprisonment, the death penalty;

(three) criminal cases involving crimes committed by foreigners.(delete)

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

(a) endanger State security,Terrorism cases; (two) the ordinary criminal cases punishable by life imprisonment, the death penalty.

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 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.

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-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-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.

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.

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.

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

The third chapter avoidance

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 a near relative of his in the case; (three) served as the case of the witnesses, authenticators, the defender, agent ad litem; (four) other relationship with a party to the case, which may affect the impartial handling of the case.

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 a near relative of his in the case; (three) served as the case of the witnesses, authenticators, the defender, agent ad litem; (four) 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.

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, by the court's judicial committee

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, by the court's judicial committee

The decision; the prosecutor and the head of a public security organ avoidance, determined by the Procuratorial Committee of the people's Procuratorate at the same level. Avoidance of investigators before making a decision, the investigators could not stop the investigation of a case. For withdrawal, the parties and their legal representative may apply for reconsideration once.

The decision; the prosecutor and the head of a public security organ avoidance, determined by the Procuratorial Committee of the people's Procuratorate at the same level. Avoidance of investigators before making a decision, the investigators could not stop the investigation of a case. For withdrawal, the parties and their legal representative may apply for reconsideration once.

Thirty-first the provisions of this Law twenty-eighth, article twenty-ninth, article thirtieth also apply to court clerks, interpreters and identification of human.

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

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) law; (two) recommend people groups or criminal suspects, defendants unit; (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-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) law; (two) recommend people groups or criminal suspects, defendants unit; (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.

Since the case is transferred for examination and prosecution of thirty-third cases of public prosecution, criminal suspects have the right to entrust defenders. The accused in a private prosecution shall have the right to entrust defenders at any time.

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 after accepting a case of private prosecution, within three days, should inform the defendant has the right to entrust defenders.

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

The investigation organWhen the first interrogation of criminal suspects or take coercive measures of criminal suspects, it shall inform the criminal suspect has the right to entrust defenders.The people's ProcuratorateAfter receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders.The people's courtSince the day of accepting 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 prosecutor's case, the defendant due to financial difficulties or other reasons not entrust a defender, the people's court may designate a lawyer who provides legal aid to defend.

If the defendant is blind, deaf, mute or a minor and did not entrust a defender, the people's court shall designate a lawyer who provides legal aid to defend.

The defendant may be sentenced to death has not entrusted a defender, the people's court shall designate a lawyer who provides legal aid to defend.

Article thirty-fourth of criminal suspects and defendants, due to financial difficulties or other reasons, counsel did not entrust,And his 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, the death penalty, counsel did not entrust,The people's court, the people's procuratorates and the public security organsShall inform the legal aid institutions appoint lawyers to defend the.

The thirty-fifth defendants responsibility according to the facts and the law, materials and opinions proving criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the legitimate rights and interests.

Thirty-fifth defender responsibility is put forward according to the facts and law, materials and opinions of criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the litigation rights andOther legitimate rights and interests.

       One article is added asArticle 36

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.

Thirty-sixth defense lawyers of the people's Procuratorate date, consult, extract, copy the file documents, technical identification of material, can meet with the criminal suspect in custody and communication.

Other defenders, with permission of the people's Procuratorate, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody.

Defense attorneys from the day the court handles the case, consult, extract, copy the case of the facts of the crime accused materials with the defendant in custody, can meet and communication. Other defenders, with permission of the people's court, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the defendant in custody.

 

 

 

 

 

 

 

 

 

 

ArticleThe 36 is split into thirty-seventh, 38, two.

Thirty-seventh lawyer 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 lawyer meets with the criminal suspect in custody, the defendant,The understanding of the circumstances of the case, to provide legal consulting;Since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence. Defense lawyers met the suspect, the defendant is not to be monitored.

The defense lawyer with the criminal suspects, defendants met, communication, provisions of the first paragraph of this article, paragraph third, paragraph fourth.

Thirty-eighth defense lawyers of the people's Procuratorate date, consult, extract, 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.

  Increased two as39, 40.

 

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

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

Thirty-seventh 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.

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.

Thirty-eighth defense lawyers and other defenders, may help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to change their testimony or conduct other acts to disturb the proceedings of the judicial organs. In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law.

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

Thirty-ninth during the trial, the defendant may refuse to have his defender continue to defend him, may also entrust another defender defense.

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

The fortieth 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 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.

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-first agent ad litem by reference to the provisions of this law, article thirty-second.

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

  Increased two as46, 47

Article forty-sixthAnd information about the lawyer client known in practice, have the right to keep confidential. However, defense lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely inform the.

 

Article forty-seventhThe 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

The fifth chapter evidence

Article forty-second all facts that prove the true circumstances of the case, is evidence. There are the following seven kinds of evidence: (a) material evidence, documentary evidence; (two) the testimony of witnesses; (three) the statement of victims; (four) the suspect, the defendant confession and exculpation; (five) the appraisal conclusion; (six) the inquest, inspection record; (seven) audio-visual materials. The above evidence must be verified before it can be taken as a basis.

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

The evidence includes: (a) evidence; (two) documentary evidence; (three) the testimony of witnesses; (four) the statement of victims; (five) the suspect, the defendant confession and exculpation; (six) identification; (seven) the inquest, inspection, identification, Investigative Experiment record; (eight), electronic audio-visual material data.

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

   One article is added asArticle 49

Article forty-ninthBurden 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.

Forty-third judges, prosecutors 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. 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, and can absorb them to assist in the investigation.

Fiftieth 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 forty-fourth approved by the public security organs, people's Procuratorate indictment of arrest, the people's court judgment, must be faithful to the facts. Intentionally conceals the facts, shall be investigated for responsibility.

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

Article forty-fifth the people's courts, 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.

Evidence involving state secrets shall be kept confidential.

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

Fifty-second people's court, people's Procuratorate 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.Material evidence, documentary evidence collection in the administrative organs in the process of administrative law enforcement, the judicial organs shall verify, can be used as 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.

Forty-sixth 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 sufficient and reliable, can be found the defendant guilty and sentenced to a criminal punishment.

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

The evidence is reliable and sufficient, the applicant shall meet the following conditions: (a) the conviction and sentencing facts have evidence; (two) according to the verdict evidence are verified by the statutory procedures; (three) comprehensive evidence of the case, the fact is beyond reasonable doubt.

  Increase5, as 54-58

 

 

 

 

Article fifty-fourthUsing 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-fifthThe 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-sixthThe 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-seventhThe 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-eighthFor 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 forty-seventh the testimony of witnesses in court by the public prosecutor, the victim and the defendant, counsel questioned both sides, questioning, listening to the testimony of witnesses and have been verified after, can serve as the basis for deciding. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law.

Fifty-ninth witness testimony in court by the public prosecutor, the victim and the defendant, the defenders both evidence and found later, can be used as a basis. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law.

Forty-eighth 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.

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.

The forty-ninth 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.

The sixty-first 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.

   Increased two as62, 63

Article sixty-secondFor the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, 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.

 

Sixty-third witnesses testified to fulfill the obligation and expenditure for the 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

The sixth chapter compulsory measures

Article fiftieth the people's courts, 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-fourth the people's courts, 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.

The fifty-first people's court, the people's procuratorates and the public security organ for any of the following circumstances of criminal suspects, defendants, can be released on bail pending trial or for residential surveillance:

(a) may be sentenced to public surveillance, detention or independent additional penal apply;

(two) may be sentenced penalty above, take bail, residential surveillance without danger to the society.

Bail, residential surveillance shall be executed by the public security organs.

The sixty-fifth people's court, people's Procuratorate and the public security organs shall, in any of the following circumstances of criminal suspects, defendants, can bail:

(a) may be sentenced to public surveillance, detention or independent additional penal apply;

(two) may be sentenced penalty above, release on bail will not take the danger to the society;

(three) suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;

(four) detention period expires, the case has not yet completed, need to take recognizance measures.

Bail enforcement by the public security organs.

The fifty-third people's court, people's Procuratorate and the public security organs shall decide on the suspect, the defendant shall be ordered to bail, the suspect, the defendant to provide a guarantor or pay money.

The sixty-sixth people's court, people's Procuratorate and the public security organs shall decide on the suspect, the defendant shall be ordered to bail, the suspect, the defendant to provide a guarantor or pay money.

Article fifty-fourth the guarantor 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-seventh the guarantor 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.

Fifty-fifth the guarantor shall perform the following obligations: (a) supervision is the guarantee to comply with the provisions of this Law in article fifty-sixth; (two) found that the guarantor may occur or has occurred in violation of this law the provisions of article fifty-sixth of the act, shall promptly report to the executing organ.

Be surety for violation of the law the fifty-sixth regulation the behavior, guarantee not reported in a timely manner, to ensure the fine people, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Sixty-eighth the guarantor shall perform the following obligations:

(a) supervision is the guarantee to comply with the provisions of article sixty-ninth of this law;

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

 Be surety for violation of the law sixty-ninth stipulation behavior, the guarantor fails to perform the obligation of guarantee, the guarantor shall be fined, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Article fifty-sixth 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) in the time to;

(three) not to interfere in any form of witness; (four) shall not destroy or falsify evidence, or collusion.

By the criminal suspect, defendant bail violates the provisions of the preceding paragraph, have to pay a deposit, confiscate the deposit, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay the deposit, to provide a guarantor or residential surveillance, he shall be arrested.

The suspect, the defendant in the release on bail is not in violation of the provisions of the preceding paragraph, when the end of the guarantor pending trial, the guaranty money shall be returned.

 

 

 

WillThe 56 is split into 69, 70, 71, three

 

 

Article sixty-ninth by the criminal suspect, defendant bail shall observe the following provisions:

(a) without the approval of the organ executing shall not leave the living city, county;

Two.Address, work units and contact information changes, in twenty-four hours ago report to the executing organ;

(three) in the time to;

(four) not to interfere in any form of witness;

(five) shall not destroy or falsify evidence, or collusion.

The people's 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.

The decision-making organ seventieth bail should be comprehensiveConsidering the need to ensure that 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 the executing organ designated bankSpecial account.

Article seventy-first of criminal suspects, defendants in the release on bail is not in violation of the sixty-ninth article of this law,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.

 

 Increased three, as72, 73, 74

 

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.

Seventy-third residential surveillance shall be executed in the criminal suspect, 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.

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 fifty-seventh by the criminal suspect, defendant residential surveillance shall observe the following provisions:

(a) without the approval of the organ executing shall not leave the place, no fixed residence, not to leave the designated residence without permission;

(two) without approval may not be the executing organ to meet with others; (three) the time in custody in communications;

(four) not to interfere in any form of witness; (five) shall not destroy or falsify evidence, or collusion.

By the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious, he shall be arrested.

Article seventy-fifth by the criminal suspect, defendant residential surveillance shall observe the following provisions:

(a) without the approval of the organ executing the implementation of residential surveillance shall not be allowed to leave the premises;

(two) without the approval of the organ executing the communication or others may not be met;

(three) in the time to;

(four) not to interfere in any form of witness;

(five) shall not destroy or falsify evidence, or collusion;

(six) the passport and other travel documents, identity documents, documents, the executing organ preservation driving.

By the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious, can be arrested; need to be arrested, the suspect, defendant custody.

   One article is added asArticle 76

Seventy-sixth executive organ of criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can monitor communication of criminal suspects.

Fifty-eighth people's court, people's Procuratorate and the public security organs to the suspect, the defendant 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.

Seventy-seventh people's court, people's Procuratorate and the public security organs to the suspect, the defendant 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 fifty-ninth the arrest of the suspect, the defendant, 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-eighth the arrest of the suspect, the defendant, must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ.

Sixtieth to have evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, thus necessitating arrest, shall be immediately arrested according to law. Should be arrested the suspect, the defendant, if suffering from the serious disease, or are pregnant, breast-feeding her own baby, can use the bail pending trial or residential surveillance.

Seventy-ninth to have evidence to prove the facts of the crime, may be sentenced penalty above the suspect, the defendant, to take bail pending trial is not enough to prevent the danger to the society, should be arrested:

(a) may implement the new crime;

(two) the real danger endanger national security, public security or public order;

(three) may destroy or forge evidence, witnesses or collusion of interference;

(four) the victim, informants, may take revenge the complainant implementation;

(five) in an attempt to Dutch act or escape.

To have evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or there is evidence to prove the facts of the crime, may be sentenced penalty above, once an intentional crime or unidentified, should be arrested.

A guarantor pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance shall, if the circumstances are serious, can be arrested.

Article sixty-first 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 by an eyewitness to confess his crime; (three) found evidence of a crime on the side or place; (four) after the crime attempted to escape or Dutch act, the fugitive;

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 place; (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.

(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 sixty-second 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-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 sixty-third for any of the following cases, any citizen can immediately sent to the public security organs, people's Procuratorate or the people's court processing: (a) is committing a crime or is discovered immediately after committing a crime; (two) wanted for arrest; (three) the escape; (four) are hunted.

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 processing: (a) is committing a crime or is discovered immediately after committing a crime; (two) wanted for arrest; (three) the escape; (four) are hunted.

When a person detained sixty-fourth of a public security organ, must produce a warrant.

Detention, in addition to hinder the investigation or not notice, shall give the reasons for detention and the place, in twenty-four hours, notify the detainee's family or the unit to which he belongs.

When a person detained eighty-third of a public security organ, must produce a warrant.

Detention,Should immediately be detained for 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 sixty-fifth the public security organ for 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.The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance. (this sentence deleted)

Eighty-fourth public security organs on 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.

Sixty-sixth where a public security organ to arrest 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.

Eighty-fifth where a public security organ to arrest 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.

 One article is added asArticle 86

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.

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

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

Article sixty-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-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 sixty-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 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 seventieth 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 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.

Seventy-first when a public security organ to arrest people, must produce an arrest warrant.

After the arrest, in addition to hinder the investigation or not notice, should put the reasons and detain arrested the premises, within twenty-four hours to inform the family of the arrested person or the unit to which he belongs.

Ninety-first when a public security organ to arrest people, must produce an arrest warrant.

After the arrest,The arrested person shall immediately send custody. In addition to not notice shall, within twenty-four hours after the arrest, notify the family of the arrested person.

The seventy-second 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.

The ninety-second 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.

    One article is added asArticle 93

Ninety-third criminal suspects, defendants were 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.

The seventy-third 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.

The ninety-fourth 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.

Fifty-second of the criminal suspect in custody, the defendant and his agent ad litem, near relatives shall have the right to apply for bail.

Article ninety-fifth of criminal suspects, defendants and their legal representative, close relative or lawyer shall have the right to apply for alteration of the compulsory measures. Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval.

Seventy-fourth cases criminal suspects, the accused in custody, custody, not in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, require continued investigation, trial, the criminal suspect, the defendant can bail or residential surveillance.

Ninety-sixth cases of criminal suspects, the accused in custody, custody, not in the investigation of the provisions of this law, a trial period of review and prosecution, trial banjie,The suspect, the defendant shall release the need to verify,; trial, the suspect, the defendant can bail or residential surveillance.

Article seventy-fifth of criminal suspects, defendants and their legal representative, close relative or criminal suspects and defendants, the lawyers and other defenders entrusted to the people's court, people's Procuratorate or public security organs to take coercive measures to exceed the time limit prescribed by law, have the right to request the cancellation of the compulsory measures. The people's court, people's Procuratorate or a public security organ for criminal suspects, defendants are compulsory measures exceeding the prescribed time limit, shall release the lifting bail, residential surveillance or alteration of the compulsory measures according to law.

Article ninety-seventh The people's court, people's Procuratorate or public security organs to the compulsory measures adopted by the statutory period expires the suspect, the defendant shall release, release, release on bail, residential surveillance or alteration of the compulsory measures according to law. The suspect, the defendant or his legal representative, close relative or lawyer to the people's court, the people's Procuratorate or public security organs to take coercive measures to the statutory period expires, the right to request the lifting of compulsory measures.

Article seventy-sixth 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.

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

The seventh chapter of incidental civil action

Article seventy-seventh 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. If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action. The people's court when necessary, and may seal up or distrain the property of the defendant.

 

 Split into99, 100, two

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.

The 100th people's court when necessary,Can take preservation measures, seizure, seizure or freezing the property of the defendant. Plaintiff of the supplementary civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. The people's courts to take preventive measures, the relevant provisions of the civil procedure law applicable.

One article is added asArticle 101

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

Article Seventy-eighth 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.

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

The eighth chapter, during the service

Seventy-ninth time periods shall be calculated by the time, day, month.

During the beginning of the day and not be counted as within the time period.

103rd time periods shall be calculated by 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.

        Add a new paragraph

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 eightieth party 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 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.

Eighty-first 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.

105th 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

Other provisions of chapter ninth

Article eighty-second 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, incidental the civil lawsuit and the defendant; (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, expert witnesses and interpreters; (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 of the people; (six) "close relatives" refers to the husband, wife father, mother, son, daughter, sister, brother.

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 agent, agent ad litem, counsel, witnesses, appraisers and translators; (five) "agent" refers to the victim in a case of public prosecution and their legal representatives or near relatives, private prosecution cases of private prosecution and their legal agent entrusted to participate in the lawsuit and the party in an incidental civil action and the legal agent entrusted to participate in litigation of the people; (six) "close relatives" is a husband, wife, father, mother, son, daughter, brothers and sisters.

Second filing a case, investigation and prosecution

Second filing a case, investigation and prosecution

The first chapter case

The first chapter case

Eighty-third where a 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.

107th where a 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.

The eighty-fourth article of any units and individuals to find the facts of the crime or criminal suspects, 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.

108th any unit or individual that 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.

The eighty-fifth 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.

109th report, report, complaint 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.

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 eighty-sixth the people's courts, the people's Procuratorate or the public security organ to report to the police report, complaint, 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 there is no facts of a crime or the crime, obviously minor, need not when, shall be investigated for criminal responsibility not to put on record, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration.

110th people's court, the people's Procuratorate or public security organs to report to the police report, complaint, 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 criminal facts are obviously minor, need not when, shall be investigated for criminal responsibility not to put on record, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration.

Article eighty-seventh the people's Procuratorate think of the public security organ shall 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.

111st people's Procuratorate think of the public security organ shall 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 shall not register 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 eighty-eighth for the 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.

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

The second chapter investigation

Section 1 General Provisions

Section 1 General Provisions

Article eighty-ninth 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 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 ninetieth 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 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.

 One article is added asArticle 115

115th party and the defender, agent ad litem, interested party has one of the following acts for the judicial organs and their staff, have the right to appeal against the authority or:

(a) to take coercive measures not in accordance with the law, the legal term, release, dissolution or change;

(two) shall refund the deposit is not refundable bail;

(three case had nothing to do with property seizure, seizure, freezing measures;

(four) shall terminate the seizure, seizure, freezing does not release; (five of corruption, misappropriation, 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

The second section the interrogation of criminal suspects

Article ninety-first 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.

       One paragraph is added as the second paragraph

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 ninety-second does not need to be arrested, detained the suspect, the suspect may be summoned to a designated place city, county lies within or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents. Summons, the longest duration of detention shall not exceed twelve hours. Not to continuous summons, subpoena criminal suspects into custody in disguised forms.

Article 117th need not be arrested, detained the suspect, the suspect may be summoned to a designated place city, county lies within or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents. To found at the scene of the crime suspect, by working to produce documents, can be summoned verbally, but shall be marked in the transcripts of interrogation.

 Call, summon duration shall not exceed twelve hours; the case particularly heavy, complicated, need to take the measure of arrest, detention, subpoena, summons for time not exceeding twenty-four hours.

 Not to continuous summons, subpoena criminal suspects into custody in disguised forms. Call, summon the suspect, shall ensure that the suspect's diet and the necessary rest time.

When the ninety-third investigators in the interrogation of a criminal 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.

      One paragraph is added as the second paragraph

When the 118th investigators in the interrogation of a criminal 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 ninety-fourth 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 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.

Ninety-fifth of the 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.

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.

   One article is added asArticle 121

Article 121st When the investigators suspect, can the audio or video recording of the interrogation process; there may be sentenced to life imprisonment, the death penalty cases or other serious crimes, shall carry out the sound recording or video recording of the interrogation process.

  Audio or video recordings shall be full, maintain integrity.

Article ninety-sixth of the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, can hire lawyers to provide legal advice, to its appeal, accuse agent. If the criminal suspect is arrested, the appointed lawyer may apply for bail. Cases involving state secrets, the criminal suspect to hire a lawyer, shall be subject to the approval of the investigation organ. The appointed lawyer shall have the right to the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody, the suspect information related to the case. The lawyer meets with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present. Cases involving state secrets, the lawyer meets with the criminal suspect in custody, shall be subject to the approval of the investigation organ. (Relevant content to the new provisions of article thirty-third, article thirty-sixth).

 (delete this article)

 

The third section of questioning the witness

The third section of questioning the witness

Ninety-seventh investigators asked the witness, to witness the unit or residence, but they must produce a people's Procuratorate or a public security organ documents. When necessary, they may also notify the witness to the people's Procuratorate or public security organ to provide testimony.

Witnesses shall be questioned individually.

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

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

Ask the witness under the age of eighteen, his legal representative may be notified to.(delete paragraph second)

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

The ninety-ninth article of this law the provisions of article ninety-fifth, also apply to the questioning of witnesses.

Article 124th the provisions of this Law Yibaiyiershi, also apply to the questioning of witnesses.

100th ask the victim, to apply the provisions of all articles in this section.

125th ask the victim, to apply the provisions of all articles in this section.

The fourth section inspection, inspection

The fourth section inspection, inspection

101st 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.

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.

The 102nd article of any units and individuals, have the obligation to protect the scene of the crime, and immediately notify the public security organ to inspection.

The 127th article of any units and individuals, have the obligation to protect the scene of the crime, and immediately notify the public security organ to inspection.

Execution of an inquest or examination, the investigatory personnel must hold 103rd, a people's Procuratorate or public security organs document.

Execution of an inquest or examination, the investigatory personnel must hold 128th, a people's Procuratorate or public security organs document.

Article 104th 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 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.

105th 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.

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 106th inspection, examination shall be written record, sealed by the participants in the inquest, inspection and witness the signature or.

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

107th when a people's Procuratorate examining a 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.

The 132nd time 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.

108th in order to find out the truth, when necessary, subject to the approval of the Public Security Bureau, investigative experiments may be conducted. Investigative experiment, banning all enough to cause danger, humiliating or be destructive to the morals behavior.

133rd in order to find out the truth, when necessary, be responsible for the public security organ for approval, investigative experiments may be conducted.

 The experiment should be written transcripts, sealed by the participants signed or.

The fifth section

The fifth section

109th 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.

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.

The 110th article of any units and individuals have the 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 materials.

135th any unit or 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 111st must search, the person to be searched a search warrant. When an arrest, detention, in case of emergency, without using a search warrant to search.

Article 136th must search, the person to be searched a search warrant. When an arrest, detention, in case of emergency, without using a search warrant to search.

112nd when a search, should be searched or his family members, his neighbours or other witnesses. Body search of women, should be conducted by female officers.

137th when a search, should be searched or his family members, his neighbours or other witnesses. Body search of women, should be conducted by female officers.

The 113rd shall make a written record of a search, the person to be 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.

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

The sixth day detention material evidence, documentary evidence

The sixth section attachment,Seizure of material evidence, documentary evidence

114th at the inquest, 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.

Article 139th in theFound in investigative activities may be used to prove a property, the suspect's guilt or innocence shall file, seizure, seizure; irrelevant to a case of property, documents, shall not be seized, seizure.

  The attachment, seizure of property, documents, shall be properly kept or sealed up, shall not use, exchanged or damaged.

Article 115th for the seized articles and documents, should be with the eyewitnesses and the holder of the seized articles were clear, on the 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.

140th of the attachment, seizureProperty, documents, should be with the eyewitnesses and attachment, seizure of property, file holder on the spot were clear, make a list of two copies, by the investigators, the witness and the holder of the signature or seal, a given to the holder, the other copy shall be kept on file for reference.

116th 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.

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 117th 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.

The suspect's deposits, remittances have been frozen, it may not be frozen again.

Article 142nd the people's Procuratorate, the public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions of the deposit, remittance,Bond, stock, fund and other property. The units and individuals concerned shall cooperate with the.

 The suspect deposit, remittance, bond, stock, fund and other property that has been frozen, it may not be frozen again.

Article 118th for the seized articles, documents, mail, telegram or frozen deposits, remittances, find out the irrelevant to the case shall be cancelled within three days, seizure, freezing, returned to their original owners or the original post and telecommunications offices.

143rd on attachment, seizure of property, documents, mail, telegram or frozen deposits, remittances, bond, stock, fund and other property, find out the irrelevant to the case, shall be cancelled within three days, seizure, freezing up, be refunded.

The seventh section identification

The seventh section identification

119th 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.

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 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. (delete this paragraph)

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

Article 145th after verification, should write the appraisal opinions, and signature.

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

Article 121st the investigation organ shall be used as evidenceAppraisal conclusion to inform the suspect, the victim. If the criminal suspect, the victim can apply, supplementary identification or re identification.

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

During the 122nd as a psychiatric evaluation of criminal suspects are not included in the deadline.

During the 147th as a psychiatric evaluation of criminal suspects are not included in the deadline.

        Add a festivalTechnical investigation measures

 

 

 

 

 

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 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.

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 eighth section

The Ninth Section

Article 123rd of 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.

153rd criminal suspect who should be arrested a fugitive, a public security organ may issue a warrant, take effective measures, hunt him down. The public security organs at all levels within the area under its jurisdiction, arrest warrant can be issued; areas beyond their jurisdiction, shall be reported to higher authorities the right to decide the release.

Section ninth investigation

Section tenth investigation

Investigation detain deadline 124th arrest on criminal suspect shall not exceed two months after. The case is complex, cannot be concluded within the time limit of the case, may be extended by one month after the approval of the people's Procuratorate at the next higher level.

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

125th because of special reasons, in a long time should not be brought to trial a particularly grave and complex cases, be submitted to the Supreme People's Procuratorate by the Standing Committee of the National People's Congress approved the deferment of trial.

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

Article 126th the following cases in the 124th article of this law the expiration of the time limit prescribed investigation cannot be concluded by the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, may be extended for two months:

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

(two) major crime cases;

(three) on major and complicated cases;

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

156th following cases in the 153rd article of this law the expiration of the time limit prescribed investigation cannot be concluded by the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, may be extended for two months:

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

(two) major crime cases;

(three) on major and complicated cases;

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

Article 127th of the criminal suspect may sentenced penalty above ten years, in accordance with the provisions of this law the 126th regulation to extend the time limit expires, still cannot investigate terminative, the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, and may be extended for two months.

Article 157th of the criminal suspect may sentenced penalty above ten years, in accordance with the provisions of this law the 155th regulation to extend the time limit expires, still cannot investigate terminative, the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, and may be extended for two months.

Article 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.

Article 158th in the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 154th recalculation investigation detain deadline since the day of discovery.

The suspect does not tell his true name, address, identity is unknown,Should carry out a survey on their identity, investigation detain deadline checking computation since the day of its identity, but do not stop the crime investigation. The criminal facts are clear, the evidence is, well, really can not be identified, also by the name of prosecution, trial.

  One article is added as ArticleArticle 159

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

129th cases of public security organs investigative termination, shall be the criminal facts are clear, evidence really, fully, and write the prosecution of submissions, together with the case file and evidence, to the people's procuratorate together with the review decision.

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

130th in the course of investigation, found that a crime suspect should not be investigated for criminal responsibility, it shall revoke the case; if the criminal suspect is under arrest, he shall be released immediately, issued a release certificate, and notify the people's procuratorate which originally approved the arrest.

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

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

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

Article 131st the people's Procuratorate investigation of cases directly accepted by the provisions of this chapter shall apply.

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

Article 132nd the people's Procuratorate in a case directly accepted in accordance with the law sixtieth, sixty-first fourth, the provisions of the fifth case, need to arrest, detention of criminal suspects, decisions made by the people's Procuratorate, shall be executed by a public security organ.

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

Article 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. (by deleting the sentence)

Article 164th 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.

Article 134th the people's procuratorates custody in a case directly accepted by the people, that need to be arrested, should be in theMake 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.

Article 165th the people's procuratorates custody in a case directly accepted by the people, that need to be arrested, should be in theMake a decision within fourteen days. Under special circumstances, a decision to arrest time can be extended by one to three days. The arrest is not necessary, he shall be released immediately; for further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

Case 135th when a people's Procuratorate, shall make a public prosecution, not to initiate a prosecution or to withdraw the case decision.

Case 166th when a people's Procuratorate, shall make a public prosecution, not to initiate a prosecution or to withdraw the case decision.

The third chapter to prosecute

The third chapter to prosecute

136th cases where the prosecution, shall be decided by the people's Procuratorate for examination and.

167th cases where the prosecution, shall be decided by the people's Procuratorate for examination and.

When a people's Procuratorate's examination, 137th cases must be identified: (a) whether the facts of the crime, the plot is clear, the evidence is true, full, convict and the nature of the crime is correct; (two) there is no omission crimes and other criminal responsibility should be investigated; (three) criminal responsibility should not be investigated.; (four) there is no incidental civil action; (five) the legality of the investigation activities.

168th when a people's Procuratorate examining a case, must find out:

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

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

(three) should not be investigated for criminal responsibility; (four) there is no incidental civil action;

(five) the legality of the investigation activities.

Article 138th the people's Procuratorate to the public security organs to the prosecution case, it shall make a decision within one month, major and complex cases, can be extended for half a month. The people's Procuratorate for examination and prosecution, altered, review the calculation cases received date from the people's Procuratorate prosecution deadline after the change.

Article 169th a people's Procuratorate to the public security organ prosecuted a case, it shall make a decision within one month, major and complex cases, can be extended for half a month. The people's Procuratorate for examination and prosecution, altered, review the calculation cases received date from the people's Procuratorate prosecution deadline after the change.

139th people's Procuratorate shall interrogate the criminal suspect in the case,Listen to the victims and criminal suspects, the entrusted people's opinion.

170th people's Procuratorate shall interrogate the criminal suspect in the case,Listen to the counsel, the victim and his litigation representative opinions, and record. The defender, the victim and his litigation representative put forward written opinions, shall be attached.

Article 140th a people's Procuratorate for examination and case, may request the public security organ to provide the evidence necessary for trial in court.

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

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

The case for supplementary investigation, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions of prosecution,May decide not to initiate a prosecution.

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

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

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

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

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.

172nd people's Procuratorate considers that the facts of the crime suspects have been ascertained, the evidence is reliable and sufficient, shall be investigated for criminal responsibility according to law, shall make a decision to prosecute, in accordance with the provisions for trial jurisdiction, to the people's court proceedings,And will the case file and evidence, to the people's court.

142nd suspects are one of the fifteenth article of the cases, the people's Procuratorate shall make a decision not to initiate a prosecution.

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

The people's Procuratorate decides not to prosecute the case, it shall at the same time during the period of investigation, the lifting of the seizure, freezing and frozen property. Not to be prosecuted person needs to be given administrative punishment, administrative punishment or need to confiscate the illegal income, the people's Procuratorate shall make suggestions, to the relevant competent authority for disposal. The competent authority shall timely notify the people's Procuratorate results.

173rd suspects are one of the fifteenth article of the cases, the people's Procuratorate shall make a decision not to initiate a prosecution.

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

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

Decision 143rd non prosecution, shall be announced publicly, and the decision not to prosecute book service is not to be prosecuted and his unit. If not being accused in custody shall be released immediately.

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

144th cases of the public security organs for prosecution, the people's Procuratorate decides not to initiate prosecution, shall make the decision not to prosecute to the public security organ. The public security organ considers that the decision not to initiate a prosecution to be incorrect, it may request a reconsideration, and if the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review.

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

Article 145th for the victims, decided not to prosecute, the people's Procuratorate shall make a decision not to initiate a prosecution in writing to the victim. If the victim can not, within seven days after receiving the written decision to the people's Procuratorate at the next higher level appeal, request prosecution. The people's Procuratorate shall notify the victim will review. If the people's Procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit to a people's court. The victim may also without complaint, directly to the people's court. The people's court has accepted the case, the people's Procuratorate shall submit the materials related to the case to the people's court.

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

Article 146th for the people's Procuratorate in accordance with this law, the provisions of the second paragraph of article 142nd decided not to prosecute, is not to be prosecuted if not, can seven days after receiving the written decision on the petition to the people's Procuratorate within. The people's Procuratorate shall make a decision of reexamination, notice is not to prosecute the person at the same time, the public security organ.

Article 177th for the people's Procuratorate in accordance with this law, the provisions of the second paragraph of article 172nd decided not to prosecute, is not to be prosecuted if not, can seven days after receiving the written decision on the petition to the people's Procuratorate within. The people's Procuratorate shall make a decision of reexamination, notice is not to prosecute the person at the same time, the public security organ.

Third series of trials

Third series of trials

The first chapter of trial organization

The first chapter of trial organization

The first trial of 147th basic people's courts, the intermediate people's court trial, the judge should be three or by judges and people's assessors totalling three people formed a collegiate bench, but the basic people's court cases in which summary procedure is applied may be tried by a single judge. The higher people's Court of first instance, the case shall be made by the Supreme People's court, judge three people to seven people or of judges and people's assessors totalling three people to seven people formed a collegiate bench. The jury in the people's court to perform their duties, shall enjoy equal rights with the judges. The people's court appeals cases, composed of three to five judges formed a collegiate bench. The number of members of a collegial panel shall be an odd number. The collegial panel trial by the president or the chief judge appointed as a judge to long. When the president or the president in a trial, he served as chief judge.

The first trial of 178th basic people's courts, the intermediate people's court trial, the judge should be three or by judges and people's assessors totalling three people formed a collegiate bench, but the basic people's court cases in which summary procedure is applied may be tried by a single judge. The higher people's Court of first instance, the case shall be made by the Supreme People's court, judge three people to seven people or of judges and people's assessors totalling three people to seven people formed a collegiate bench. The jury in the people's court to perform their duties, shall enjoy equal rights with the judges. The people's court appeals cases, composed of three to five judges formed a collegiate bench. The number of members of a collegial panel shall be an odd number. The collegial panel trial by the president or the chief judge appointed as a judge to long. When the president or the president in a trial, he served as chief judge.

The 148th time a collegial panel to review, if the differences of opinion, shall make a decision according to the opinion of the majority, but the opinions of the minority should write notes. The records of the deliberations shall be signed by the members of the collegial panel.

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

Article 149th the collegiate bench trial and deliberation, shall make a judgment. With respect to a difficult, complex, serious cases, the collegial panel considers it difficult to make a decision, by a collegial panel decided to invite the president of the judicial committee for discussion and decision. The decision of the judicial committee, the collegial panel shall execute.

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

The second chapter is the procedure of first instance

The second chapter is the procedure of first instance

The first day of public prosecution cases

The first day of public prosecution cases

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.

Article 181st the case by the people's court for prosecution review,To have a clear criminal facts in the indictment, trial shall be decided.

Article 151st 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.

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

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

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

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

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.
     (the second paragraph to the new provisions)

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

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

Article 153rd 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,But according to the provisions of article 175th the application of summary procedure, the people's Procuratorate may send no procurators to the court.

(delete proviso)

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

When the 154th session, the presiding judge to find out whether the parties present, announce the cause of action; the members of the collegial panel, announced the court clerk, the public prosecutor, the defender, agent ad litem, the expert witnesses and the interpreter; inform the parties have the right to the members of the collegial panel, the court clerk, the public prosecutor, judge and translators apply for withdrawal inform the defendant's rights.

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

Article 155th the prosecutor read the bill of prosecution in court, the defendant, the victim may make statements on the indictment accused of the crime, the public prosecutor may interrogate the defendant. The victim, incidental civil lawsuit plaintiff and defender, agent ad litem, with the permission of the presiding judge, put questions to the accused. The judges may interrogate the defendant.

186th prosecutors read out the bill of prosecution in court, the defendant, the victim may make statements on the indictment accused of the crime, the public prosecutor may interrogate the defendant. The victim, incidental civil lawsuit plaintiff and defender, agent ad litem, with the permission of the presiding judge, put questions to the accused. The judges may interrogate the defendant.

 

 

 

 

 

 

 

 

 

 

 

 

 

 Increased two, as the187, 188

187th prosecutors, the parties concerned or the defenders and agents ad litem, the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing, the people's court that the witness should testify in court, witnesses should appear in court.

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

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

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

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

The 156th witness testimony, the judges shall inform him to faithfully provide legal testimony and intentionally giving false testimony or conceal evidence to negative. The public prosecutor, the parties and the defenders and agents ad litem, with the permission of the presiding judge, may question the witnesses, authenticators. The presiding judge considers any questioning irrelevant to the case, shall stop. The judicial personnel may question the witnesses, authenticators.

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

Defense 157th prosecutors, who shall show the material evidence to the court, for the parties to identify, testimony, identification of witnesses who are not present in courtAppraisal conclusion, records of inspection and the other as the evidence of the instrument, shall be read out in court. The judicial officers shall listen to the opinions of the public prosecutor, the defender, agent ad litem and opinions.

Defense 190th prosecutors, who shall show the material evidence to the court, for the parties to identify, testimony, identification of witnesses who are not present in courtExpert opinion, records of inspection and the other as the evidence of the instrument, shall be read out in court. The judicial officers shall listen to the opinions of the public prosecutor, the defender, agent ad litem and opinions.

Process 158th court, the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence. The people's court investigation to verify the evidence, conduct inquest, inspection, seizure, freezing, identification and query.

Process 191st court, the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence. The people's court investigation to verify the evidence, conduct inquest, inspection, seizure, seizure, freezing, identification and query.

Article 159th During a court hearing, the parties and the defenders and agents ad litem, shall have the right to request new witnesses, obtain new material evidence, to apply for re identification or inspection.

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

Added two new paragraph as the second paragraph and fourth paragraph

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

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

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

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

Article 160th with the permission of the presiding judge, the public prosecutor, the defender, agent ad litem and comments on the evidence and the case and may debate with each other. The judge declared after the end of the debate, the defendant shall have the right to present a final statement.

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

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

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

161st in the course of the trial, if the litigant participant or bystander violates the order of the court, the presiding judge shall warnings to stop. To listen to, be forced out of the courtroom; if the circumstances are serious, shall be detained for a fine of one thousand yuan or fifteen days following. Fines, detention must be approved by the president. Be refuses to accept punishment of fine, the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop. On the court, or insult, libel, shock or threat, beating the judicial officers or participants in the proceedings, seriously disrupting the order of the court, which constitutes a crime, shall be investigated for criminal responsibility according to law.

194th during the court trial, if the litigant participant or bystander violates the order of the court, the presiding judge shall warnings to stop. To listen to, be forced out of the courtroom; if the circumstances are serious, shall be detained for a fine of one thousand yuan or fifteen days following. Fines, detention must be approved by the president. Be refuses to accept punishment of fine, the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop. On the court, or insult, libel, shock or threat, beating the judicial officers or participants in the proceedings, seriously disrupting the order of the court, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Article 162nd 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.

195th in the last statement by 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, respectively make the following decisions: (a) the case facts are clear, the evidence is sufficient, according to the law, the defendant is guilty, 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.

The people's courts, treatment should be seized, seizure of property and fruits, frozen decisions.

163rd declaratory judgment, are open to.

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

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

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

164th judgments should beSigned by the members of the collegial panel and the court clerk, and specify the time limit for appeal and the court of appeals.

Article 197th the judgment should be made byThe judicial personnel and the court clerk signature, and specify the time limit for appeal and the court of Appeals.

165th during the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed:

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

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

(three) the parties apply for withdrawal trial cannot proceed.

198th during the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed: (a) need to summon new witnesses, obtain new material evidence, re examination or inspection;

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

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

Article 166th in accordance with the provisions of law 165th of second cases the adjournment of trial, the people's Procuratorate shall complete the supplementary investigation within one month.

Article 199th in accordance with the provisions of law 197th of second cases the adjournment of trial, the people's Procuratorate shall complete the supplementary investigation within one month.

 One article is added as ArticleArticle 200

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

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

(two) the defendant escape;

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

(four) due to irresistible.

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

All 167th trial, shall be made by the clerk shall make a written record of the presiding judge, after review, signed by the judge and the court clerk. The testimony of witnesses in the part of the court record shall be read out in court, or given to the witnesses to read. The witness in admit no error, shall be signed or sealed by the. The court record shall be given to the parties to read or read to him. The parties believe that if there is any omission or error, may request for supplementation or correction. The parties acknowledge that no error, shall be signed or sealed by the.

All 201st trial, shall be made by the clerk shall make a written record of the presiding judge, after review, signed by the judge and the court clerk. The testimony of witnesses in the part of the court record shall be read out in court, or given to the witnesses to read. The witness in admit no error, shall be signed or sealed by the. The court record shall be given to the parties to read or read to him. The parties believe that if there is any omission or error, may request for supplementation or correction. The parties acknowledge that no error, shall be signed or sealed by the.

Article 168th the people's court shall, after accepting a case of public prosecutionSentenced to a month, no 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.

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

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

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

Article 169th the people's procuratorate finds that the people's court cases violating the legal procedure, have the right to put forward opinions to the people's court.

Article 203rd the people's procuratorate finds that the people's court cases violating the legal procedure, have the right to put forward opinions to the people's court.

Section second cases of private prosecution

Section second cases of private prosecution

170th cases of private prosecution include the following: (a) to be handled the cases;

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

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

204th cases of private prosecution include the following: (a) to be handled the cases;

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

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

Article 171st the people's court to review the case of private prosecution after treatment respectively, according to the following circumstances: (a) the criminal facts are clear, there is sufficient evidence of the case, it shall open a court session;

(two) the lack of evidence of a case of private prosecution, if the private prosecutor no supplementary evidence, should persuade him to withdraw his prosecution, or rule to reject the. The private prosecution by the two summoned according to law, refuses to appear in court, or midway without permission by the court may, by withdrawing treatment. The process of trial, the judges have doubts about the evidence, need to investigate and verify the applicable provisions of this law, article 158th.

Article 205th the people's court to review the case of private prosecution after treatment respectively, according to the following circumstances: (a) the criminal facts are clear, there is sufficient evidence of the case, it shall open a court session;

(two) the lack of evidence of a case of private prosecution, if the private prosecutor no supplementary evidence, should persuade him to withdraw his prosecution, or rule to reject the. The private prosecution by the two summoned according to law, refuses to appear in court, or midway without permission by the court may, by withdrawing treatment. The process of trial, the judges have doubts about the evidence, need to investigate and verify the applicable provisions of this law, article 190th.

Article 172nd the people's court in a case of private prosecution, mediation may be conducted; private prosecution before a judgment is pronounced, can arrange a settlement with the defendant or withdraw his prosecution. The provisions of this law the third mediation is not suitable in 170th cases.

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

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

173rd cases of private prosecution and the defendant in the litigation process, may file a counterclaim to the private prosecutor. The provisions apply to private prosecution of counterclaim.

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

The third section summary procedure

The third section summary procedure

Article 174th 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.

Article 208thUnder the jurisdiction of the grassroots people's court cases, also meet the following conditions, may apply summary procedure for trial:

(a) the case facts are clear, the evidence is sufficient; (two) the accused confess their crimes, the facts of the crime accused no objection;

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

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

   One article is added as ArticleArticle 209

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

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

(two) have a significant social impact;

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

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

175th 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.

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

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

  One article is added as ArticleArticle 211

211st trying a case in which the summary procedure, the judicial personnel shall ask the defendant to the facts of the crime accused opinion, inform the defendant under the law applicable to the summary procedure, to confirm whether the defendant agreed to hear the summary procedure applies.

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.

The trial of the case 212nd applies the simple procedure, with permission of the judges, the defendant and his counsel withThe private prosecutor prosecutor, and his agents ad litem debate.

The trial of the case 177th applies the simple procedure, 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.

The trial of the case 213rd applies the simple procedure, not subject to the first section of this chapter on theThe 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.

The trial of the case 178th applies the summary procedure, the people's court shall be concluded within twenty days after receiving.

The trial of the case 214th applies the summary procedure, the people's court shall be concluded within twenty days after receiving;Are to be sentenced to more than three years on may be sentenced, can be extended to one and a half months..

Article 179th the people's courts in the trial process, found that the summary procedure is not appropriate for the trial, should anew in accordance with the provisions in Section 1 of this chapter or section second.

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

The third chapter to the procedure of second instance

The third chapter to the procedure of second instance

Article 180th the defendant, private prosecutor and his legal representative, not a local people's Court of first instance judgment, ruling, have the right to appeal in writing or orally to the people's court at a higher level. The defense of the accused person and close relatives, with the consent of the defendant, can appeal. The party in an incidental civil action and their legal representatives may be of a local people's court, the first instance judgment, ruling in the part of incidental civil lawsuit, filed an appeal. The defendant shall not be deprived of the right of appeal, with any excuses.

216th defendant, private prosecutor and his legal representative, not a local people's Court of first instance judgment, ruling, have the right to appeal in writing or orally to the people's court at a higher level. The defense of the accused person and close relatives, with the consent of the defendant, can appeal. The party in an incidental civil action and their legal representatives may be of a local people's court, the first instance judgment, ruling in the part of incidental civil lawsuit, filed an appeal. The defendant shall not be deprived of the right of appeal, with any excuses.

181st people's procuratorates at various local levels that the people's Court of the first instance judgment, ruling it is wrong, it shall lodge a protest to the people's court at a higher level.

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

182nd victims and their legal agents against the decision of first instance of a local people's courts at various levels, within five days after receiving the written judgment, have the right to request the people's procuratorate. Within five days after receipt of the victim and the people's Procuratorate legal agent request, shall make a decision whether to appeal and give him a reply.

218th victims and their legal representatives who refuse to accept the judgment of first instance of a local people's court at all levels, within five days after receiving the written judgment, have the right to request the people's procuratorate. Within five days after receipt of the victim and the people's Procuratorate legal agent request, shall make a decision whether to appeal and give him a reply.

Article 183rd appeal against a decision and protested for a period of ten days, not satisfied with the ruling and appeals for a period of five days, from receiving the written judgment, ruling second date.

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

Article 184th the defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant appealed by the people's court, the people's court shall within three days will appeal together with the case file, the evidence to the people's Court level, at the same time, a copy of the appeal petition to the people's Procuratorate at the same level and to the other party. The defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant files an appeal directly to the people's Court of second instance, the people's Court of second instance shall within three days of the petition of appeal to the people's court to the people's Procuratorate at the same level and to the other party.

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

Article 185th the local people's procuratorates of the people's courts at the same level the first judgment, ruling appeal, it shall lodge a protest letter through the people's court, and the people's Procuratorate level a copy of the written protest. The people's court shall protest together with the case file, the evidence to the people's Court level, and the duplicates of the written protest to the party. If the people's Procuratorate considers the protest inappropriate, may apply to a people's court at the same level withdraw the protest, and notify the lower level people's procuratorate.

Article 221st the local people's procuratorates of the people's courts at the same level the first judgment, ruling appeal, it shall lodge a protest letter through the people's court, and the people's Procuratorate level a copy of the written protest. The people's court shall protest together with the case file, the evidence to the people's Court level, and the duplicates of the written protest to the party. If the people's Procuratorate considers the protest inappropriate, may apply to a people's court at the same level withdraw the protest, and notify the lower level people's procuratorate.

Article 186th the people's Court of second instance shall conduct a comprehensive review on the first trial of facts and the application of the law, not subject to appeal or protest range limits. Joint crime is only part of the defendants appeal, shall examine the case, together.

Article 222nd the people's Court of second instance shall conduct a comprehensive review on the first trial of facts and the application of the law, not subject to appeal or protest range limits. Joint crime is only part of the defendants appeal, shall examine the case, together.

Article 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.

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

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

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

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

(four) the other shall open a court session.

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

Article 188th 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 be ten days before opening of the court session, notify the people's Procuratorate to examine the case files.

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

Article 189th 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

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

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

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

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

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

Article 190th the people's Court of second instance trial the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant.

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

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

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

Article 191st the people's Court of second instance found one case the people's Court of first instance trial in any of the following violations of the litigation procedures prescribed by law, it shall rescind the original judgment, the people's court trial: back to (a) in violation of the provisions of this Law regarding trial in public; (two) violating the withdrawal system;

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

(four) composed of judicial organization of illegal;

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

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

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

(two) violating the withdrawal system;

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

(four) composed of judicial organization of illegal;

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

Article 192nd the people's court for the case remanded, form a new collegial panel, in accordance with the procedure of first instance trial. For a new trial after the verdict, in accordance with the provisions of law 180th, article 181st, article 182nd may be appealed, protest.

228Th remanded to the people's court case, form a new collegial panel, in accordance with the procedure of first instance trial. For a new trial after the verdict, in accordance with the provisions of law 215th, article 216th, article 217th may be appealed, protest.

Article 193rd the people's Court of second instance refuses to accept an order of first instance of appeal or protest, after review, should according to the provisions of this Law 189th, 191st and 192nd, respectively with the court rejected the appeal, appeal, or cancel, change the original order.

Article 229th the people's Court of second instance refuses to accept an order of first instance of appeal or protest, after review, should according to the provisions of this Law 224th, 226th and 227th, respectively with the court rejected the appeal, appeal, or cancel, change the original order.

Article 194th the people's Court of second instance remanded by the people's court to the trial of the case, the people's court remanded case from the received date, recalculating the trial period.

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

Article 195th the people's Court of second instance trial cases of appeal or protest procedure, unless otherwise stipulated in this chapter, the existing provisions, according to the procedure of first instance of the.

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

Article 196th the people's Court of second instance accepting a case of appeal or protest, should be in theConcluded 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.

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

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

197th second trial, judgment, ruling or the Supreme People's court ruling, is the final judgment, ruling.

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

198th public security organs, people's Procuratorate and the people's court for property and interests of criminal suspects and defendants, seizure, freezing, shall be properly kept, for verification. Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state.

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

After the people court verdict, the stolen money was seized, frozen and its fruits, besides, to be returned to the victim shall be confiscated, turned over to the state treasury.

Proceeds of crime judicial personnel corruption, misappropriation or privately processing was seized, frozen and the fruits thereof, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions.

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

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

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

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

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

The fourth chapter is the review procedure of death penalty

The fourth chapter is the review procedure of death penalty

199th death sentences shall be subject to approval by the Supreme People's court.

235th death sentences shall be subject to approval by the Supreme People's court.

Cases of first instance 200th intermediate people's court sentenced to death, the defendant does not appeal, should be reviewed by a higher people's court, shall be submitted to the approval of the Supreme People's court. The higher people's court does not agree with the death sentence, it may bring the case up or remand the case for retrial. The higher people's court sentenced to death penalty cases of first instance in the defendant does not appeal, and sentenced to death penalty cases of second instance, should be submitted to the approval of the Supreme People's court.

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

The 201st intermediate people's court sentenced two year stay of execution case, approved by a higher people's court.

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

The 202nd Supreme Court review of death penalty cases, the higher people's Court of judicial review of death sentence with a suspension of execution shall be made by the case, judge three people formed a collegiate bench.

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

 

 

 

 

 

Increased two, as the239, 240

 

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

The 240th Supreme Court review of death penalty cases, it shall interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer.

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

The fifth chapter is the procedure for trial supervision

The fifth chapter is the procedure for trial supervision

Article 203rd the party or his legal representative, close relative, ruled against a legally effective judgment,, can appeal to the people's court or the people's Procuratorate, but cannot stop judgment, the execution of the ruling.

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

Article 204th the parties and their legal representatives, close relatives of the complaint meets one of the following circumstances, the people's court shall re trial:

(a) there is new evidence to prove that the original decision, ruled that the fact that is wrong;

(two) between the main evidence according to conviction and sentencing evidence does not do, or not fully prove the facts of a case of contradiction;

(three) the original judgment, that there is some error in the application of the law; (four) the judges in the trial of the case, take bribes, play favouritism and commit irregularities, perverted the law behavior.

Article 242nd the parties and their legal representatives, close relatives of the complaint meets one of the following circumstances, the people's court shall re trial:

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

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

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

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

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

Article 205th the people's courts at all levels of legally effective judgment for the court and ruled that, if found in the determination of facts or law is wrong, must be submitted to the judicial committee. The Supreme People's court has a legally effective judgment of the people's courts at all levels and the ruling People's court at a higher level, a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right to examine or order an inferior people's court for retrial. The Supreme People's Procuratorate of a legally effective judgment of the people's courts at all levels and the ruled, the higher people's Procuratorate a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right in accordance with the procedure for trial supervision to the people's court at the same level of a protest. Case protested by a people's Procuratorate, accepted by a people's court shall form a collegial panel to hear the facts in the original judgment, unclear or the evidence is insufficient, can direct the people's court at the lower level for retrial.

Article 243rd the people's courts at all levels of legally effective judgment for the court and ruled that, if found in the determination of facts or law is wrong, must be submitted to the judicial committee. The Supreme People's court has a legally effective judgment of the people's courts at all levels and the ruling People's court at a higher level, a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right to examine or order an inferior people's court for retrial. The Supreme People's Procuratorate of a legally effective judgment of the people's courts at all levels and the ruled, the higher people's Procuratorate a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right in accordance with the procedure for trial supervision to the people's court at the same level of a protest. Case protested by a people's Procuratorate, accepted by a people's court shall form a collegial panel to hear the facts in the original judgment, unclear or the evidence is insufficient, can direct the people's court at the lower level for retrial.

One article is added as ArticleArticle 244

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

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

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

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

One article is added as ArticleArticle 246

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

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

207th people's court in accordance with the procedure for trial supervision to the trial of the case, should be made in question, the retrial decision date concluded within three months, need to extend the time limit, shall not exceed six months. Accepted by a people's court in accordance with the procedure for trial supervision and judicial appeal cases, provisions on the trial period of the preceding paragraph shall apply to the people's court at a lower level; to command a retrial, shall receive a month to decide protest day period, lower level people's court case with the provisions of the preceding paragraph.

247th people's court in accordance with the procedure for trial supervision to the trial of the case, should be made in question, the retrial decision date concluded within three months, need to extend the time limit, shall not exceed six months. Accepted by a people's court in accordance with the procedure for trial supervision and judicial appeal cases, provisions on the trial period of the preceding paragraph shall apply to the people's court at a lower level; to command a retrial, shall receive a month to decide protest day period, lower level people's court case with the provisions of the preceding paragraph.

Fourth Executive

Fourth Executive

208th judgments and orders shall be executed after they become legally effective. The following judgments and orders are legally effective judgments and orders:

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

(two) the final judgment or ruling;

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

248th judgments and orders shall be executed after they become legally effective. The following judgments and orders are legally effective judgments and orders:

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

(two) the final judgment or ruling;

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

Article 209th the people's Court of first instance verdict cleared the accused man, exempted from criminal punishment, if the defendant in custody shall be released immediately after the verdict.

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

Article 210th the Supreme People's court sentenced and approved the immediate execution of death sentence, shall be made by the president of the Supreme People's Court issued the command execution. Sentenced to two year stay of execution of criminals, in execution period, if not intentional crime, the death sentence with a reprieve expires, it shall be commuted, the executing organ shall put forward written opinions, to a higher people's court; if the intentional crime, if true, should be executed, approved by a higher people's court shall be submitted to the Supreme People's court.

The Supreme People's court sentenced to 250th and approved the immediate execution of death sentence, shall be made by the president of the Supreme People's Court issued the command execution. Sentenced to two year stay of execution of criminals, in execution period, if not intentional crime, the death sentence with a reprieve expires, it shall be commuted, the executing organ shall put forward written opinions, to a higher people's court; if the intentional crime, if true, should be executed, approved by a higher people's court shall be submitted to the Supreme People's court.

Article 211st if the people's court to the Supreme People's court orders of execution, shall be executed within seven days. But one of the following circumstances, should stop the execution, and immediately report to the Supreme People's court, the Supreme People's court for a ruling:

(a) before the execution is found in the judgment may be wrong; (two) in the implementation of the criminal exposes major criminal facts or other major meritorious service, may require revision;

(three) if the criminal is pregnant.

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

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

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

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

(three) if the criminal is pregnant.

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

The 212nd people's court in the delivery of execution, shall notify the people's Procuratorate at the same level to the spot supervision.

Shooting or injection method of execution of the death penalty.

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

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

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

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

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

Shooting or injection method of execution of the death penalty.

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

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

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

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

Article 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 sentenceIn 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

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

Article 253rd criminal is handed over for execution of the sentence, the people's court shall be executed in the sentence after the entry into forceWithin ten days of the relevant legal documents to a public security organ, a prison or other executing organ..

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

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

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

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

Article 214th 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.

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.

Article 254th 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.

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

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

  One article is added as ArticleArticle 255

255th prison, 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.

215th approved the temporary execution outside prison organ shall send a copy of its decision on the approval of people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month written opinions to the approval of the temporary execution outside prison authorities, approval written opinions to the temporary execution outside prison authorities received the people's Procuratorate, shall immediately to reexamine its decision.

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

Article 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.

Article 257thThe 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.

Article 217th for 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.

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

218th who has been sentenced toControl, 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.

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

Article 219th of the criminal is sentenced to a fine, if no pay, the people's court shall compel payment; if an irresistible disaster has true difficulties in paying, an order may be made to reduce or exempt.

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

Decision 220th confiscation of property, whether additional punishment or independently, are executed by the people's court; when necessary, can be jointly with the public security organ.

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

The 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.

Sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court for examination and decision.

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

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

Article 222nd the people's Procuratorate considers that the people's Court of commutation and parole, the court is improper, it shall within twenty days after the receipt of the order book copy, submit a written recommendation to the people's court. The people's court shall receive rectification opinions within one month after the re form a collegial panel to conduct the trial, to make a final decision.

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

Article 223rd prisons and other executing organ in the execution of punishment, if there is an error in the judgment or the criminal complaint, it shall refer the matter to the people's Procuratorate or the people's court.

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

Article 224th the people's Procuratorate of the execution of criminal punishments by executing organs supervise the legality. If found illegal, it shall notify the executive organs to correct.

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

 

Fifth series of special procedures

 

The first chapter of juvenile procedure of criminal case

 

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

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

 

267th 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.

 

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

 

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

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

 

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

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

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

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

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

 

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

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

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

 

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

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

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

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

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

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

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

 

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

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

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

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

 

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

 

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

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

 

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

 

The second chapter mediation in cases of public prosecution procedure

 

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

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

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

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

 

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

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

 

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

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

 

The fourth chapter the mental patient to violence forced medical procedures

 

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

 

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

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

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

 

286th court compulsory medical application, shall form a collegial panel to conduct the trial.

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

 

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

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

 

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

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

 

289th people's Procuratorate decides and execution of compulsory medical supervision.

Supplementary articles

Supplementary articles

Article 225th the security departments of the army exercise the power of investigation on occurrence of criminal cases within the armed forces. In jail for the criminal cases of crimes of investigation by the prison. The security departments of the army, prison in handling criminal cases, the relevant provisions of this Law apply.

Article 290th the security departments of the army exercise the power of investigation on the occurrence of criminal cases within the armed forces. In jail for the criminal cases of crimes of investigation by the prison. The security departments of the army, prison in handling criminal cases, the relevant provisions of this Law apply.