The people's Republic of China Criminal Procedure Law and the revision process

The criminal procedure law is the law that formulated or approved the country's adjustment of criminal activity. In the legal system, the criminal procedure law is second only toConstitutionThe basic law, it has been called the "human rights", also known as "little constitution". Criminal procedure law enacted in 1979, as the new China first code of criminal procedure, for the first time systematically stipulates the basic system in the criminal procedure, criminal procedure law Chinese opened the contemporary historical process "gate". In 1996, the four meeting of the eight session of the National People's Congress for the first time correction to this method.

Catalog

Explain the concept

Revision history

Draft statement (2012)

1The main content

2Change again

3Vote through

Draft statement (2011)

Of great significance

A formal amendment through full text

 

Explain the concept

The Criminal Procedure LawObjectIs the public prosecution, the parties and other organs in lawParticipants in the proceedingsThe next, expose, confirmed, punish criminal activities. It mainly includes the contents of the task of the criminal litigation, the basic principle and system, the public prosecutor, judicial organs in criminal proceedings in the authority and the mutual relations, the parties and other participants in the proceedings rights,ObligationIn conducting criminal proceedings, and how the specific procedures.^[1]

Revision history

　　Criminal Procedure LawClosely related to empower and regulation in the criminal procedure, criminal prosecution authorities the power, protection of civil rights, "constitutional" said. Criminal procedure law enacted in 1979, as the new China first code of criminal procedure, for the first time systematically stipulates the basic system in the criminal procedure, criminal procedure law Chinese opened the contemporary historical process "gate". In 1996, the four meeting of the eight session of the National People's Congress for the first time correction to this method.

In 2011, the criminal law second overhaul officially launched. In August 24th of that year, criminal law amendment draft submitted to the eleven session of the National People's Congress Standing Committee at its twenty-second session.

The draft amendment to the first draft of Article 99, the criminal procedure law from the original 225 to 285, mainly involving the perfection of evidence system, compulsory measures, the defense system, investigation, trial procedures, implementation of the provisions, the special procedure in seven aspects. Among them, curb torture to extract confessions, exclusion of the illegal evidence, to solve the difficulties of witness appearing in court, refinement, occupation, arrest conditions guarantee rights lawyer save crime's minor content has been widespread concern in the community.

The first review, the full text of the draft to the public and solicit the public opinions. A month received more than 8 views, at the same time, the NPC Law Committee, Law Committee of the NPC Standing Committee also through discussion and investigation, to listen to the views of all sides. These opinions, recommendations adopted by the legislature after the formation of the draft amendment to the two draft.

In December 26th, criminal law amendment draft second submitted to the NPC Standing committee. Compared with the first draft, two draft adds strictly to threat, enticement, deception to collect evidence, strictly limited to take coercive measures to inform the exception families, program content to be limited lawyer perjury.

After the two review, the NPC Standing Committee decided to draft amendment to the criminal procedure law submitted to the eleven session of the National People's Congress five conference held in 2012 review.

　　In March 14, 2012, the five session of the eleven National People's Congress by 2639 votes in favor, 160 votes against, 57 abstained from the vote on the bill.

Draft statement (2012)

　　On the "PRC Criminal Law Amendment (Draft)" description

　　-- in March 8, 2012 fifth session of the Eleventh National People's Congress

The main content

　　One, the necessity of amending the Criminal Procedure Law

The criminal procedure law is the basic law of criminal procedure. China's current criminal procedure law enacted in 1979, the four meeting in 1996 eight session of the National People's Congress amended. Practice has proved, our criminal litigation system is scientific, reasonable. The amendment of criminal procedural law for 16 years, China's rapid economic and social development, the criminal is the emergence of a new situation, it is necessary to earnestly combing the representative bill, summarizing practical experience, extensive solicitation of opinions, in accordance with the deepening of the judicial system and working mechanism reform, amend the criminal procedural law. Is mainly reflected in the following aspects:

The amended criminal procedure law is to further strengthen the need to punish crime and protect the people's. At present, facing many new situations in the punishment of crime, there are some urgent problems to be solved. At the same time, strengthen democracy and legal system building and the promotion of people's concept of the rule of law, put forward higher request to safeguard judicial justice and protect the rights of citizens. The various aspects of the amendment of the criminal procedure law is very concerned about the. This time, the National People's Congress has 2485 people and 1 delegation put forward 81 proposals. The judicial organs and the other is continuously put forward the amended Criminal Procedure Law proposals. It is necessary to improve the criminal procedure, the judicial organ to guarantee accurate and timely punishing crimes, protection of civil litigation rights and other lawful rights.

The amended criminal procedure law is to strengthen the social management and innovation, the need to maintain social harmony and stability. At present, our country is in the period of social transition period and highlights the contradictions, criminal cases, serious violent crime increased, the types and means of crime of the emergence of new changes, all of the social management of China's challenges. Accurate punishment crime through the criminal litigation, the maintenance of social order, has an important and irreplaceable role in strengthening and innovation of social management. Timely revision of the criminal procedure law, to ensure public safety, efforts to resolve social contradictions, solve masses reflect the strong, prominent problems affecting social harmony and stability, for the national long period of stability and people live and work in peace has important significance.

The amended criminal procedure law is the need to deepen the reform of judicial system and working mechanism. Deepening the reform of the judicial system and working mechanism, is from the central to develop socialist democratic politics, accelerate the construction of a socialist country under the rule of law level, an important strategic deployment made. To further standardize the judicial action, to promote socialist judicial system fair and efficient the construction, to speed up the perfection of criminal litigation system. The amendment of the criminal procedure law, is the implementation of specific measures to deepen the reform of judicial system and working mechanism for.

　　Formation, amendment two

According to the work of the NPC Standing Committee, the Standing Committee of the NPC Law Committee from the beginning of 2009 of criminal law amendment draft. Based on several times to listen to the National People's Congress and the views, study together repeatedly and central political and legal organs and related units, forming a draft amendment to the criminal procedure law draft. In 2011 August, the eleven session of the twenty-second meeting of the NPC Standing Committee on the draft amendment to the criminal procedure law was first considered. After the meeting, the draft issued by the relevant departments of the central government, local and relevant advice, China NPC website published the full text of the draft to the community for comments. According to the component members of the Standing Committee to consider the views and opinions from all sides, revise and improve the draft amendment of the. In 2011 December, the twenty-fourth meeting of the Standing Committee on the draft amendment to the criminal procedure law was considered again. The members of the committee, the draft amendment after the Standing Committee of the two review, the component members of the Standing Committee to consider the views and opinions on various aspects, has matured. The meeting decided that the draft amendment submitted to the five session of the eleven National People's Congress review.

Office of the NPC Standing Committee in accordance with legal procedures, in January 11th this year the draft amendment to the criminal procedure law to send deputies to the National People's Congress for reading discussion. Delegates generally in favor of the amendment, and put forward some suggestions. According to the component members of the Standing Committee to consider the views and the representatives put forward in the discussion comments, amendments to the revised the draft and perfect, formed the criminal procedure law now before the Congress for consideration of the draft amendment.

In the draft amendments to draft and revise the work, pay attention to the following problems: one is, insist on proceeding from China's basic national conditions, step by step to promote the perfection of our criminal litigation system. The improvement of criminal procedure and related system, should be based on our country and will remain in the basic national conditions and the stage characteristics of the primary stage of socialism, not only to keep pace with the times, and do not go beyond the current reality, do not blindly copy foreign judicial system and litigation system. Two, we will handle well the relationship between punishing crime and protecting human rights. The amendment of the criminal procedure law and perfect, which should help to ensure the accurate and timely identification of criminal facts, correct application of law, punishment of criminals, but also to protect innocent people from criminal prosecution, respect and safeguard human rights, protection of civil litigation rights and other lawful rights. Three, adhere to solve key problems in punishing crime and safeguarding judicial justice. Through in-depth investigations and study, strengthen communication and coordination with all concerned, efforts to form a consensus, to solve outstanding problems in judicial practice. At the same time, pay attention to play a guiding role of law, provide clear legal norm for criminal activities.

The amendment of criminal procedure law, the general view, the draft amendment to adhere to the socialist concept of rule of law, carry out the criminal policy of combining punishment with leniency, the implementation of central government to deepen the reform of judicial system and working mechanism of the request, to punish crime and protect the needs of the people under the new situation, to solve the urgent problems in the legal practices, meet China's national conditions and the actual. The Standing Committee for deliberation and consultation process, the parties face the draft amendments also proposed some amendments and suggestions. These observations and recommendations, some aspects of cognition is not consistent, some are lack of practical experience. Considering the amendment of the criminal procedure law according to the practical, economic and social development step by step, and gradually improve, for these problems, can continue to study and explore.

　　Three, the main contents of the draft amendment

Criminal law amendment draft article 110, the main content is:

　　(a) to "respect and protect human rights" into the Criminal Procedure Law

Respect for and protection of human rights is an important principle of constitution of our country, embodies the essential requirement of the socialist system. Criminal procedure law to carry out the principle of the Constitution in the program settings and specific provisions. Criminal litigation between the personal freedom of citizens basic rights, to "respect and protect human rights" explicitly written into the law of criminal procedure, is conducive to more fully reflect the socialist nature of our judicial system, but also conducive to the judiciary in criminal procedure to follow and implement the constitution principle. Accordingly, the draft amendment of the second criminal procedure law is amended as: 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, educate citizens consciously abide by the law, actively struggle against criminal acts, safeguard the socialist legal system, respect for and protection of human rights, the protection of citizens' rights of the person, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.

　　(two) on the evidence system

Evidence system is the basic system of criminal procedure, to guarantee the quality of case, the right conviction and sentencing has a key role in. The draft amendment to focus on improving the exclusion of illegal evidence system, strengthening and protection system of witness.

1 perfect exclusionary rules. The current criminal procedure law to prohibit torture to extract confessions and to collect evidence by other illegal methods were provided. In order to further curb torture to extract confessions and other illegal evidence collection behavior from the system, safeguard judicial justice and criminal lawsuit participates in a person's legitimate rights, it is necessary in the law to the exclusion of the illegal evidence make clear provisions. Accordingly, the draft amendment to the criminal procedure law is strictly prohibited in the basis of torture to extract confessions, increase shall not be compelled confirmed their crimes. At the same time, specifies the specific criteria for exclusion of illegal evidence: the use of 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. Violation of the provisions of the law collection of physical evidence, documentary evidence, 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. Also provides for the people's court, the people's procuratorates and the public security organs have the obligation of exclusion of illegal evidence, investigation procedure of exclusion of illegal evidence and the court hearing process.

In addition, to prevent the system from the acts of torture to extract confessions, the draft amendment added provisions of detention, arrest promptly sent to the house of detention, interrogation and interrogation recording system in the detention center.

2 clear witness, strengthen the protection of witness. Witnesses to testify in court, to verify the evidence, to find out the case, it is significant to correctly judge. The draft amendment stipulates: the public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing, the people's court considers necessary, witnesses should appear in court. And the provisions of the witness to testify in court without proper reasons, the people's court may enforce the court, for if the circumstances are serious, be sentenced to detention for less than ten days; at the same time, taking into account the spouse, parents, children are forced to testify against a defendant in court, not conducive to family relationship, the defendant's spouse, parents provisions the children, except.

In order to further strengthen the protection of witnesses and appraisers, the victim, the draft amendment to increase provisions: for the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witness, Jian Dingren, victim's testimony in the proceedings, he himself or his close relatives of personal safety at risk, the people's court, the people's procuratorates and the public security organs shall take the necessary protective measures. The witnesses and expert witnesses, victims due to testify that danger, can request to protect.

　　(three) on compulsory measures

Compulsory measures to ensure the smooth progress of the criminal activity plays an important role in. The draft amendment to focus on improving the conditions of arrest, residential surveillance, program and forced to take measures of notification of family rules.

1 to further clarify the conditions of arrest and the examination and approval procedures. In view of the judicial practice in the conditions of arrest understanding inconsistency problem, is conducive to the judicial organ accurately grasp the conditions of arrest, the draft amendment will be social dangerous criminal procedure law on the conditions of arrest ", and it is necessary to arrest the provisions of" refinement: may implement the new crime; the real danger endanger national security, public security or social order; may destroy or forge evidence, witnesses or interference collusion; May to the victim, informants, the complainant take revenge Dutch act or escape attempts to implement. Clearly stipulates: there is evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or may be sentenced penalty above, once an intentional crime or unidentified suspects, the accused, should be arrested.

To ensure that the people's Procuratorate approved the arrest of the right to exercise correctly, prevent false arrest, the draft amendment added provisions of review people's Procuratorate approved the arrest. Criminal suspects and listen to the views of the program and the defense lawyer, after the arrest of detention necessity to review program.

2 proper positioning of residential surveillance measures, clear rules applicable conditions. Residential surveillance with bail similar, is mandatory measures to limit the criminal suspects and defendants, personal freedom, but the restriction of freedom degree. The same rules applicable conditions of the two kinds of compulsory measures the current criminal procedure law. Considering the characteristics of residential surveillance and the actual execution, the surveillance of residence located in the alternative to detention, and the provisions of applicable conditions and bail different comparison. Accordingly, the draft amendment provisions residential surveillance shall be suitable conditions of arrest, but with a serious disease, the life cannot provide for oneself, pregnant or breast-feeding their babies, the only supporter, life can not take care of the people, because of the need for the special circumstances of the case or the handling of cases, to residential surveillance measures more appropriate, and detention period expires, the case has not yet completed, the need to take measures under residential surveillance. At the same time, the provisions for the alleged crimes against national security, terrorism crime, crime of particularly great bribery crime suspects, residential surveillance residence in the execution may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, can be performed in the designated residence, but not in custody and special case handling place. To prevent this measures are abused in practice, the provisions of the people's Procuratorate shall exercise supervision over the specified decision and implementation of residential surveillance of residence.

3 strictly limited to take compulsory measures do not notice the exceptions families. Criminal law: detention, arrest, in addition to hinder the investigation or not notice, should put the reasons for detention and arrest, the premises, within twenty-four hours, notify the detainee, the family of the arrested person. Among them, "boundary situations would hinder the investigation" is ambiguous. In addition, the designated home residential surveillance after notification of family is not specified. Considering the punishment of crime and protection of criminal suspects, defendants rights needs, it is necessary to strictly limited to take compulsory measures do not notice the exceptions families. Accordingly, the draft amendment to delete the arrested after notification would hinder the investigation without exception, families defined, to the arrest and designated residence residential surveillance measures, in addition to not notice, shall be arrested or residential surveillance within twenty-four hours after notification of family. At the same time, the detention after notification would hinder the investigation without families, only suspected of crimes of endangering national security, terrorism, and provisions would hinder the investigation situation disappear, it shall immediately notify the detainee's family.

　　(four) on the defense system

The defense system is an important system of criminal proceedings in the protection of criminal suspects, defendants to exercise his right according to law. The draft amendment to focus on improving the provisions counsel in criminal litigation legal status and role, expanding the scope of legal aid.

1 clear criminal suspects in the investigation stage may entrust a defender. The draft amendment to modify the criminal procedure law on criminal suspects in the investigation stage can only hire a lawyer to provide legal help: can entrust a lawyer criminal suspects in the investigation period.

2 to improve the lawyer to meet program. The defense lawyer's meeting with the criminal suspect in custody, the defendant, criminal law: in the investigation stage, for cases involving state secrets, the lawyer meets with the criminal suspect in custody, subject to the approval of the investigation organ. Provisions of the amended law, lawyer with a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official letter, have the right to meet the criminal suspect. With the repeated research thinks, the relevant provisions of law shall be absorbed in the criminal law, but in a few cases, considering the actual situation of safeguarding national security, public safety, to meet with the criminal suspect in advance by the lawyers in the investigation stage, the investigation organ is necessary. Accordingly, the draft amendments to the provisions, crimes against 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.

A lawyer, a draft amendment to regulation, defense lawyers in the prosecution and trial stages, can consult, extract, copy the file material.

3 the scope to expand the legal aid. In order to further protect the suspect, the defendant's right to defense and other rights, the draft amendment to extend the scope of legal aid in criminal proceedings, the trial stage to provide legal aid to in the investigation, prosecution, trial stage are to provide legal aid, and expanded the scope of legal aid object.

　　(five) about the investigation measures

The investigation is the investigation organ to investigate crime, legally conducted surveys and compulsory measures. The draft amendment to focus on improving the interrogation in criminal procedure and necessary investigation measures, at the same time, strengthen regulation and supervision on investigative measures, prevent abuse.

1 to improve the investigation measures. According to the actual need of investigation work, the draft amendment added provisions of summoned verbally suspect program, appropriate to extend the special major, complicated cases summons, subpoena witnesses, added provisions place, perfect the human body inspection procedures, in the inquiry, freeze in the scope of the provisions of the stock, bond, increase the fund share.

Provisions of the state, people's police law, security law, the investigation organ for the need for crime investigation, according to the relevant provisions of the state, through strict approval procedures, take technical reconnaissance measures. The current criminal procedure law did not make provisions for technical investigation measures. The draft amendment increased provisions strictly regulate the technical investigation measures.

2 to strengthen the supervision of investigation. For the protection of lawful rights of participants, the draft amendment to increase provisions, the parties and the defender, agent ad litem, stakeholders, the judicial organs and their staff to take compulsory measures may not be released the statutory time limit, dissolution or change, shall refund the deposit is not returned by the guarantor pending trial, the case had nothing to do with the property take the attachment, seizure, freezing measures, shall cancel the seizure, seizure, freezing not released, corruption, embezzlement, privately divide, exchange, in violation of the provisions of the use of attachment, seizure, freezing the property and the right to appeal and accusation, and the provisions of the corresponding procedures.

　　(six) on the trial procedure

The trial is a key stage of whether the defendant constitutes the crime and punishment decision. The draft amendment to further improve the important link in the process of trial.

1 summary procedure applicable scope, perfect the procedure of first instance. On the premise of ensuring judicial justice, appropriate adjustments to the scope of the summary procedure is simplified, the case of the shunt, is advantageous to enhance the lawsuit efficiency. Therefore, the draft amendment to the summary procedure applies to the trial of the case, modify the basic people's court has jurisdiction may be sentenced to the penalty, the accused confess their crimes cases. At the same time, according to the trial practice, the ordinary procedure of first instance of the case file transfer system, pre-trial preparation procedure, sentencing and related procedures, to suspend the trial procedures are complete.

2 clear of second instance shall open a court session scope, restrictions on remand. First, to ensure the case just before the trial, the draft amendment further defined the second instance shall open a court session scope, increase provisions: facts, evidence, appeal people to first instance found objection, may affect the conviction and sentencing, the defendant was sentenced to the death penalty appeals, the people's Court of second instance shall open a court session the trial. Two, to avoid repeated retrial cases, long, increase provisions: due to the facts are not clear or the evidence is insufficient, the people's Court of second instance remanded by the people's court to the trial of the case, the people's court to make after the verdict, 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. Three, to implement the appeal not infliction principles, to avoid in the appeal cases in the people's Court of second instance retrial, if the people's court in the trial of aggravating circumstances, increase provisions: the people's Court of second instance the case remanded, in addition to the new facts of the crime, the people's Procuratorate for supplementary outside the lawsuit, the people's court also shall not increase the criminal punishment on the defendant. In addition, the draft amendments also perfected the properties and interests seizure, seizure, freezing process etc..

3 to improve the supplementary civil action procedure. Supplementary civil action procedure to effectively resolve social conflicts and disputes, the victim get compensation in time, which plays an important role in. On the basis of summing up the judicial practices, the draft amendment made to add amendments to the supplementary civil action procedure. First, increase provisions: the victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action. Two, increase provisions: the plaintiff in incidental civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. Three, increase the people's court shall: incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.

4 of the death penalty review procedure to make specific provisions. To reflect the application of the death penalty cautiously, to further ensure the death penalty review the case quality, strengthen the legal supervision of death penalty review procedure, the draft amendment stipulates: 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. At the same time, increase provisions: the Supreme People's court review of death penalty cases, may 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.

5 of the trial supervision procedures complement. Through the procedure for trial supervision on the wrong judgment, order to correct, to ensure that the quality of case, safeguard judicial justice. The draft amendment to the appeal the decision in the case trial conditions, a people's court at the people's court outside instruction trial, the people's Procuratorate sends procurators to the court decision procedure, retrial case coercive measures, the original judgment, ruling to suspend the execution of such content as the supplement.

　　(seven) on the implementation of the program

Penalty execution procedure is an important specification of punishment and reform of criminals. The draft amendment to focus on improving the temporary execution outside prison regulations, strengthen the people's Procuratorate of commutation, parole, probation of the temporary supervision.

1 strictly regulate the temporary execution outside prison of application. The temporary execution outside prison, is in accordance with statutory conditions of criminal execution in prison penalty system. Draft amendments to further regulate the temporary execution outside prison, and timely to decide approval procedures, in order to prevent the criminals used this system to escape the penalty, and increased regulation: do not accord with the temporary execution outside prison conditions of the criminals through bribery and other illegal means is permitted to execute, its not included in the prison during the outside of prison; criminal in the temporary execution outside prison during the escape, escape is not included in the term during execution.

2 to strengthen the people's Procuratorate of commutation, parole, probation of the temporary supervision. The draft amendment to increase provisions: prison, the proposed commutation, parole or temporarily written opinion outside of prison, shall be sent to the people's procuratorate. The people's procuratorates can put forward written opinions to the people's court or approved by the authorities.

　　(eight) increase the provisions of special procedures

According to the actual situation of criminal activity and in recent years, actively explore the good experience, it is necessary for the minor criminal cases and other specific cases and in some special cases, provisions of special procedures. Draft amendments to the increase in a series of "special program", made special provisions for the relevant procedures.

1 the provisions of minor criminal procedure. To better protect minors litigation rights and other lawful rights and interests, the draft amendments on the basis of practical experience, according to the characteristics of juvenile criminal cases, special procedures for handling cases guiding principle, litigation link make provisions. Among them, the non prosecution of additional conditions, provisions for minors who alleged violations of human rights and democratic rights, infringement of property, prejudice and social management order, 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 can make decision of conditional non prosecution. At the same time, in order to make minor return to society better, set up a criminal record storage system.

Reconciliation procedure 2 set specific scope of public prosecution cases. Reconciliation of criminal procedure law in a case of private prosecution has been specified. As the dispute in favor of resolving conflicts, the scope of application appropriate expansion of reconciliation procedures, will be part of public prosecution cases into reconciliation procedure. At the same time, in view of the seriousness of public prosecution in the state prosecution and punishment, to prevent the emergence of new injustice, on the establishment of such a new litigation system should be carefully grasp the scope of reconciliation procedures, can not be too big. The draft amendment provisions, scope of reconciliation procedures applicable in cases of public prosecution is caused by civil disputes, alleged violations of human rights and democratic rights, infringement property crime, may be sentenced to the punishment of crime cases three years, as well as the addition of malfeasance crime may be sentenced outside prison punishment of criminal negligence cases below seven years. However, the suspect, the defendant within five years had intentionally the crime, do not apply for this program. And the provisions of the parties reached a settlement agreement case, can according to the defendant lenient punishment.

The 3 set of criminal suspects and defendants, escape, death cases of illegal gains confiscated program. Severely punishing the crime of corruption, crime of terrorist activities, the United Nations and the connection has joined with China's Anti-Corruption Convention and the relevant anti terrorist problem resolution requirements, the need for the proceeds of crime to take timely measures to freeze. The draft amendment to increase provisions: for the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or criminal suspects, defendants to death, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, the people's Procuratorate may propose the confiscation of illegal income an application to the people's court. And set up the public security organs to the people's Procuratorate procedure and trial procedures of the people's court.

The mental patient 4 settings will not be liable for the crime of forced medical procedures. The criminal law eighteenth stipulation: the mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to put in the custody and care; when necessary, by the government of compulsory medical. For public security, maintaining social order, the draft amendment to increase provisions: 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, by the public security organs to the people's Procuratorate, the people's Procuratorate compulsory medical an application to the people's court, be decided by the people's court. And the trial procedure, legal aid and legal relief, compulsory medical relief and the supervision of the people's Procuratorate provisions.

In addition, according to the opinions, the draft amendment of criminal case evidence, proof standard, burden of proof, the bail pending trial and the supervision and management of residential surveillance, the defenders and agents ad litem right for challenge, the defenders to hinder the lawful exercise of their litigation rights of appeal and accusation and processing mechanism, under the jurisdiction of the intermediate people's the court, the people's court trial period, the community correction enforcement provisions made perfect.

Change again

The third meeting of the presidium of five session of the eleven National People's Congress on March 13, 2012 hearing and deliberating the draft decision of the NPC Law Committee on the revision of the criminal procedure law amendments report.

The chairman of the Law Committee of the NPC Hu Kangsheng reported, the morning of March 11th, the delegation considered the draft decision of the National People's Congress on the revision of the criminal procedure law. Delegates generally agreed that, modify the draft decision to better absorb the comments made by the representative, agreed to bring this meeting to vote through. At the same time some representatives to amend the draft decision proposed some amendments.

Hu Kangsheng said, the Law Committee held a meeting on the morning of March 12th, the revised draft decision were considered, one study of the deliberation opinions of representatives. Legal Committee to think, to modify the draft decision is feasible, and proposed the following amendments:

A draft decision, modify the provisions of article fifth of the criminal suspects and defendants, the right to entrust defenders. Some representatives, criminal suspects, defendants 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 Law Committee of the adoption of this advice, suggestions.

Two, changes to use torture to extract confessions and other illegal methods to collect evidence should be excluded by decision eighteenth draft, also provides the condition to exclude evidence, in violation of the law to collect evidence. Some representatives, of the evidence has been in violation of the provisions of laws, the collection of evidences, also can be corrected or explain. The Law Committee research thinks, this can be limited to collect evidence, documentary evidence, does not meet the statutory procedures. Recommendations will be the relevant provisions is amended as: "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."

Three, revised draft decision forty-seventh requires the inspection of personal investigation measures. Some suggestions of the representatives of the "fingerprint information, blood urine and other biological samples" to "extract the fingerprint information, collection of blood, urine and other biological samples". The Law Committee of the adoption of this advice, suggestions.

Four, revised draft rules in decision ninety-third: the Supreme People's court review of death penalty cases, may interrogate the defendant. Some suggestions of the representatives of the "can" interrogation of a defendant to "should" interrogating the defendant. The Law Committee of the adoption of this advice, suggestions.

Five, revised draft rules in decision 108th: criminal suspects and defendants, voluntary sincere repentance, obtain the forgiveness of the victims through compensation, apology and so on, the parties may settle. Some representatives proposed, should be clear in the case of public prosecution, the victim voluntarily reconciliation, the parties may settle. The Law Committee of the above provisions, should be amended as: "sincere repentance of criminal suspects, defendants, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle".

Hu Kangsheng said, according to some representative opinions, also to modify the draft decision made individual text revision. Modify the voting version of the draft recommendations have been determined according to the above opinion modifications.

Vote through

On March 14, 2012 morning 10 when, the five session of the eleven National People's Congress closing will be held in the Great Hall of the people. The session adopted by vote of the "decision of the National People's Congress on the revision of the criminal procedure law of people's Republic of China (Draft)", in which 2639 votes in favor, 57 votes against 160 votes, waiver.

Draft statement (2011)

　　On the "PRC Criminal Law Amendment (Draft)" description

China's current criminal procedure law was enacted in 1979 1996, the four meeting of the eight session of the National People's Congress amended. Practice has proved, in China's criminal procedure design and power allocation in general is scientific, reasonable. However, with the increasingly rapid economic and social development, construction of democracy and legal system and the continuous progress of the people's judicial demand, criminal litigation system in some areas there are not adapted to the problem, it is necessary to further improve the.

In recent years, the National People's Congress and the proposed amendment and perfection of criminal procedural law opinions and suggestions. Central Committee on deepening the reform of judicial system and working mechanism of the opinions on further perfection of criminal litigation system put forward specific requirements. The Ten Session of the National People's Congress, the Legislative Affairs Commission of the Standing Committee of the legislation in accordance with the planning requirements, has been on the law of the implementation and execution of tracking, investigation and study, from the beginning of 2009, research on the amendment of the criminal procedure law draft work plan. The drafting work with Chinese socialist concept of the rule of law, to seek truth from facts, proceeding from the national conditions, conscientiously sum up the experience of judicial practice, step by step to promote the perfection of our criminal procedure system; adhere to the division of responsibilities, cooperate with each other, the principle of mutual restraint, perfect the judicial criminal prosecution power configuration, to better meet the needs of litigation activities; adhere to the criminal policy of combining punishment with leniency, punishing criminals and safeguarding human rights, not only paid attention to the timely, accurately punishing crimes, safeguarding of citizens, social and national interests, but also pay attention to criminal procedure involved in the protection of people including the legitimate rights of criminal suspects and defendants. Research by repeated and the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, judicial department, repeatedly listening to the National People's Congress, grassroots courts, lawyers and the opinions of experts and scholars, and specifically for some local NPC Standing Committee's opinion, and to obtain basic consensus in the full demonstration, forming a criminal law amendment (draft). The main problems are as follows:

One, improve the evidence system

Evidence system is an important system in all of the proceedings has been, plays a key role in the fair trial, conviction and sentencing of the right. According to the provisions on the evidence of the current criminal procedure law in all aspects of the comparison principle, it is difficult to meet the practical needs, the following supplementary revision suggestions:

1 to improve the types of evidence and standard of proof

Forty-second of the criminal procedural law stipulates the material evidence, documentary evidence, testimony of witnesses and other seven kinds of evidence. According to the needs of the new situation and the practice in criminal litigation, proposed to increase the provisions of electronic data in the evidence types. (Amendment twelfth)

Criminal procedure law of the conclusion of the investigation, prosecution and verdict of guilty provides that "the case facts are clear, the standard of proof, evidence really fully". For the accurate application of this standard, conditions suggest further affirmed "the evidence is, sufficient", namely the conviction and sentencing facts have evidence to prove that, according to the verdict evidence are verified by the statutory procedures, comprehensive evidence of the case, the fact is beyond reasonable doubt. (Amendment sixteenth)

In addition, in order to strengthen the connection between the administrative law enforcement and criminal justice, improve the efficiency of the proceedings, proposed to increase provisions, 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. (Amendment fifteenth)

2 perfect exclusionary rules

The forty-third criminal procedure law to prohibit torture to extract confessions and to collect evidence by other illegal methods were provided. In order to further curb torture to extract confessions and other illegal evidence collection behavior from the system, safeguard judicial justice and criminal proceedings in the legitimate rights, proposed in the prohibited provisions of torture to extract confessions, increase shall not be compelled confirmed their crimes. Provides for the use of 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; in violation of the provisions of laws collecting physical evidence, documentary evidence, seriously affecting judicial justice, the evidence should be excluded. The provisions of the people's court, the people's procuratorates and the public security organs are the exclusion of illegal evidence obligation, and the provisions of the court on the investigation procedure of illegal evidence exclusion in the process of. (Amendment fourteenth, seventeenth to twenty-first)

In addition, for the judicial practice of torture to extract confessions behavior occurred in the suspects will be sent to the situation before, recommendations specified, in detention, arrest shall immediately be detained, arrested for custody; after the increase of criminal suspects to be sent to the house of detention for questioning, investigators, shall in the detention Center; and provisions on interrogation recording system. (amendment draft article thirty-sixth, article thirty-ninth, article forty-sixth, article forty-ninth)

3 perfect the expert witness system

The witness for ascertaining facts, evidence, to verify the correct decision is of great significance. In judicial practice, the witness, the appraiser shall appear in court to testify and does not appear in court to issue more prominent, affect the fairness of the trial, needs to be further standardized. The scope of the proposed testify clearly witness testimony of witnesses, the provisions have a significant impact on sentencing, objection, the prosecutor or the defender, agent ad litem, or the people's court considers necessary, witnesses should appear in court. For expert opinion, as long as the public prosecutor, the parties concerned or the defenders and agents ad litem, objection, the appraisers shall appear in the court. At the same time, the provision of compulsory system of appearing in court, witnesses, appraisers no legitimate reason not to testify in court, the people's court may enforce the court, for if the circumstances are serious, be sentenced to detention for less than ten days. Taking into account the spouse, parents, children are forced to testify against a defendant in court, not conducive to family relationship, therefore, provides the defendant spouse, parents, children. (the draft amendment to article sixty-seventh, article sixty-eighth)

4 perfect witness protection system

Forty-ninth the provisions of criminal law, the judicial organs shall guarantee the safety of witnesses and their near relatives. In practice, the protection of witnesses, on the one hand can be achieved through the responsibility to take revenge behavior, on the other hand, we should strengthen the protection of witness some serious criminal cases. Proposal to increase provisions, for the crime of endangering national security, terrorism, organized crimes of the underworld, drug crime witness, victim, can also according to the cases, take personal information is not public real name, address, work units, not to expose the true appearance, voice to testify in court, special protection measures the personal and residential. (Amendment twenty-third)

Two, perfect compulsory measures

In order to ensure the smooth progress of the criminal proceedings, criminal procedure law to arrest, detention, bail, residential surveillance, detention of five kinds of compulsory measures. But because the criminal law enforcement environment is more complex, change the current compulsory measures, about some of the regulations, cannot completely meet the needs of the judicial practice, suggestions are the following additional modifications:

1 to improve the conditions of arrest

Sixtieth of the criminal procedural law stipulates, for there is 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. In order to solve the judicial practice of the arrest conditions inconsistent understanding problems, proposes a "danger to the society, and regulations of the principle of arrest necessity", detailed provisions for the implementation of the new crime: possible; the real danger endanger national security, public security or social order; may destroy, forgery, hiding evidence, interference witness or collusion; May to the victim, informants, the complainant may implement take revenge; Dutch act or run away. And clearly defined, to have evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or may be sentenced penalty above, once an intentional crime or unidentified suspects, the accused, should be arrested. (Amendment thirty-fifth)

2 to improve the procedure of examination and approval of arrest

In order to further perfect the procedure of examination and approval of arrest, in favor of the procuratorial organs to understand more fully the circumstances of the case, the accurate application of arrest, on the basis of practical experience, proposed to increase provisions, examination of the people's Procuratorate approved the arrest, can interrogate the criminal suspect; for compliance with the conditions of arrest is questionable, the criminal suspect demanded to make a statement, the investigation may have serious illegal act, it shall interrogate the criminal suspect. Defence lawyers asked, should also listen to the counsel's opinion. At the same time, to strengthen the supervision of people's Procuratorate of custody measure, prevent held extended detention and unnecessary, proposed to increase the criminal suspects, defendants arrested, the people's procuratorates to review the detention necessity. (the draft amendment to Article thirty-eighth, article fortieth)

3 to improve the residential surveillance measures

Residential surveillance and bail are compulsory measures personal restrictions on freedom of suspects and defendants, but the restriction of freedom degree. The same rules applicable conditions of the two kinds of compulsory measures in criminal procedure law. Considering the practical implementation of residential surveillance, the surveillance of residence located in the alternative to detention, and the provisions of applicable conditions and bail different comparison. Suggestions for residential surveillance shall separate the applicable conditions, applicable to comply with the conditions of arrest, but suffer from serious diseases, the life cannot provide for oneself, pregnant or breast-feeding their babies, because of the need for the special circumstances of the case or the handling of cases, to residential surveillance measures more appropriate, and detention period expires, the case has not yet completed, need take residential surveillance measures. In accordance with the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, or residential surveillance. For the alleged crimes against national security, terrorist crimes, major crimes of bribery crime suspects, defendants, residential surveillance residence in the execution may hinder the investigation, approved by the superior judicial authorities, can be specified in the residence of execution. At the same time, the provisions of the people's Procuratorate to supervise the implementation of residential surveillance, residential surveillance shall be prescribed in special places of detention, the case handling organ executing the provisions, and notify the family, lawyers and other relief measures. Explicitly specified period home residential surveillance shall be offset. (Amendment twenty-ninth to thirty-first)

4 appropriate to extend the detention time

Ninety-second of the criminal procedural law stipulates, summon the longest time shall not exceed twelve hours. According to the views of all sides, proposed to increase the provisions of major case, complex, need to take the detention, arrest, detention shall not exceed twenty-four hours. And the provisions shall guarantee that the suspects necessary food, rest time summon period. (Amendment forty-seventh)

Three, improving the defense system

In order to further improve the defense system, guarantee the lawyers' practicing rights, strengthening the legal aid, advice for the following additional modifications:

1 the provisions in the investigation stage may entrust a lawyer

The criminal procedure law article thirty-third, the provisions of article ninety-sixth, the criminal suspect, defendant prosecution, trial stage may entrust a defender in the review, hire lawyers in the investigation stage can only provide the legal help. Taking into account the suspect, the defendant shall have the right to defense in the litigation process, proposed to increase the provisions for criminal suspects in the investigation stage may entrust a lawyer to provide legal aid for the. (the draft amendment to article third, article sixth)

2 to improve the defense lawyers to meet criminal suspects, defendants in custody regulations

Ninety-sixth the provisions of the criminal procedure law, in the investigation stage, for cases involving state secrets, the criminal suspect to hire a lawyer and the lawyer meets with the criminal suspect in custody, are required to obtain the approval of the investigation organ. The amended law made different provisions, provisions of lawyer with a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official letter, have the right to meet the criminal suspect, the defendant. The lawyer to meet the criminal suspect, defendant, not monitored. All agreed that the relevant provisions of law, should be absorbed in the law of criminal procedure, but for a few relates to national security and interests of the case, the lawyer to visit the suspected criminal in advance by the investigation organ, agree is necessary. Accordingly, the contents of absorbing of the lawyers law, and the provisions of the crime of endangering State security, terrorism crime cases, major bribery crime in the period of investigation, lawyers to meet with the criminal suspect, it shall obtain the permission of the investigation organ. (Amendment seventh)

3 perfect relevant provisions of lawyers

Thirty-sixth of the criminal procedural law stipulates, defense lawyers in the prosecution may consult, extract, copy the file documents, technical appraisal materials, consult, extract, copy the facts of the crime accused in the trial phase materials. The amended law has expanded the defense lawyer marking in the scope of the review of the prosecution stage. The content of absorbing the lawyers law of the provisions, defense lawyers in the prosecution and trial stages of the review, can consult, extract, copying of the case material of the facts of the crime. (Amendment seventh)

4, improve the legal aid system

In order to further protect the suspect, the defendant's right to defense, propose to expand the application of legal assistance in criminal litigation. For the criminal suspect, the defendant is blind, deaf, dumb, minors and may be sentenced to death has not entrusted a defender, the people's court shall be assigned to defend, modified for the people's court, people's Procuratorate and the public security organs shall inform the legal aid institutions appoint lawyers to defend them; and increased regulations on May was sentenced to life imprisonment without defender entrusted, shall also provide legal aid. (the draft amendment to article fourth, article ninety-fifth)

Four, perfect the investigation measures

With the change, economic and social development and crime on the one hand, to improve the investigation measures, given the investigation organ necessary means of investigation, to strengthen the efforts to fight crime; on the other hand, also want to strengthen the investigation measure standard, restriction and supervision, prevent abuse. The following suggestions for additional modifications:

1 clear technical investigation, secret investigation measures

According to the need of practice, proposed to increase the provisions of the following aspects: first, the provisions of the crime of endangering national security, terrorism, organized crimes of the underworld, serious drug crime or other serious social crimes and embezzlement, bribery, major crime serious violations of civil implementation of the use of authority the personal rights, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation. Two, the public security organ shall be decided by the specific provisions of staff in the implementation of secret investigation, in accordance with the provisions of the implementation can be controlled delivery. Three, to take a clear technical investigation measures, control of secret investigative measures, delivery to collect materials can be used as evidence. (Amendment fifty-sixth)

2 investigation and supervision regulations

To further strengthen the supervision on investigative measures, proposed to increase the provisions of party, interested party considers that the judicial organs and their staff not to lift, change coercive measures, not to return the bail deposit in accordance with the law, illegal search, seizure, seizure, by freezing, seizure, seizure, not to lift the freeze, hinder the defenders and agents ad litem, performance duties according to law, infringes upon their lawful rights and interests of complaints, accusations and processing program. (Amendment forty-fifth)

Five, perfect the trial procedure

For the allocation of judicial resources better, improve the efficiency of the proceedings, it is necessary to guarantee the judicial justice, different cases, and further improve the trial procedure, the following supplementary revision suggestions:

1 simple adjustment procedure

The law of criminal procedure of a case of public prosecution may be sentenced to prison the following penalty and in a case of private prosecution of summary procedure of three years. According to the needs of judicial practice, suggestions will summary trial of cases to the basic people's court has jurisdiction "confession" case, which may be sentenced to the penalty, the accused confess their crimes cases. Among them, to be sentenced to the punishment of three years, still existing regulations may be tried by a single judge; to be sentenced to three years in jail, shall form a collegial panel trial. At the same time, to strengthen the control and procuratorial function, applies the simple procedure trial in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court. (Amendment seventy-fourth to seventy-sixth)

2 to improve the first trial, second instance procedure

For the procedure of first instance, according to the judicial practice and actual needs, suggestions to improve the prosecution case file transfer system, the provisions of the people's Procuratorate to initiate a public prosecution, shall submit the case file and evidence, to the people's court; perfect the pre-trial preparation procedure, increase the provisions for trial staff called the public prosecutor, the parties and the defender, agent ad litem in court before, on problem avoidance, the witness list, exclusion of illegal evidence to understand the situation and listen to opinions; in court rules to increase the contents of sentencing program; increase the provisions of the people's courts, treatment should be seized, seizure of property and fruits, frozen decisions. (amendment draft article sixty-second, article sixty-third, article sixty-fourth, article seventieth, article seventy-first)

For the second instance procedure, fair treatment to ensure the case, should make clear the scope of the case of second instance court. Proposal to increase the provisions of facts, evidence, the parties to the judgment of the first instance that objection, the people's Court of second instance that may affect the conviction and sentencing, the defendant was sentenced to death in the case on appeal, the people's Court of second instance shall open the court session. In order to avoid repeatedly remanded, suggestions to improve the remand system, increase the provisions, the people's court for sentencing facts unclear, insufficient evidence to remand a case to make judgment, the people's Court of second instance after the trial, still believe that the facts are not clear or the evidence is not sufficient, it shall make a judgment. (the draft amendment to article eighty-first, article eighty-third)

In addition, according to the practice of some major and complicated cases lack of time, affecting the quality of case handling problems, appropriate to extend the first trial, second instance trial period. (amendment draft article seventy-third, article eighty-second, article eighty-fourth)

3 to improve the death penalty review procedure

According to the nature of the procedure for review of death sentences, in order to further ensure that the death penalty review the case quality, recommendations specified, 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 arraignment. At the same time, increase the provisions, the Supreme People's court review of death penalty cases, it shall interrogate the defendant, to listen to the opinions of the defender; the Supreme People's procuratorate can give advice to the Supreme People's court. (the draft amendment to article eighty-fifth, article eighty-sixth)

Six, improve the implementation of the provisions

In order to further improve the execution of punishment procedures, according to the views of all sides, the following supplementary revision suggestions:

1 to improve the temporary execution outside prison regulations

The temporary execution outside prison, is to have the serious diseases, pregnant or breast-feeding their babies, and the system cannot take care of criminal penalty execution in prison. Recommendations from the following three aspects: one is to further improve, according to the actual needs of the temporary execution outside prison, the object to be sentenced to women pregnant or breast-feeding their babies life imprisonment. Two, to further clarify the temporary execution outside prison decided, approval procedures. Three, increase the regulations, does not meet the temporary execution outside prison conditions of the criminals through bribery and other illegal means by the temporary execution outside prison, during the execution of sentence outside prison shall not be included in the term of execution; the criminals in the temporary execution outside prison during the escape, escape is not included in the term during execution. (the draft amendment to article eighty-eighth, article ninetieth)

2 strengthen the legal supervision of procuratorial organ on activities of the execution of punishment

For perfecting the procuratorial organs of commutation, parole and temporary execution outside prison supervision mechanism, proposed to increase provisions, prison, detention center for commutation of punishment, parole recommendations or temporary execution outside prison opinion, shall be sent to the people's procuratorate. The people's procuratorates can put forward written opinions to the people's court or approved by the authorities. (the draft amendment to article eighty-ninth, article ninety-third)

The 3 increase in community correction rules

According to the views of all sides, proposed to increase the provisions for temporary execution outside prison, criminals, and shall be subject to community correction. (Amendment ninety-first)

Seven, special procedures provisions

The National People's Congress and the relevant aspects puts forward for many times, the minor crime case specific cases and in some special cases, should provide special program. A series of proposals to increase the "special procedures", make supplementary provisions to the related procedures:

The 1 set of juvenile delinquency proceedings

According to the characteristics of minors in criminal cases, special procedures for advice on handling juvenile crime policy, principle, each lawsuit stage make provisions. Set the non prosecution of additional conditions, provisions for minors who alleged violations of human rights and democratic rights, infringement of property, prejudice and social management order, crime, may be sentenced to a punishment in prison the following year, qualified to prosecute, but there is repentance, the people's Procuratorate to make conditional non prosecution decision. At the same time, to return to the society to the juvenile criminal better, set the criminal record storage system. Provisions when he committed the crime under the age of eighteen, was sentenced to five years following the penalty of criminal record, shall be sealed, not to any units and individuals, but the judicial organ for handling the need or the relevant units according to the law, except for query. (Amendment ninety-fifth)

2 the provisions of public prosecution case specific scope of reconciliation procedures

Reconciliation of criminal procedure law in a case of private prosecution has been specified. According to the views of all sides, as the dispute in favor of resolving conflicts, the scope of application appropriate expansion of reconciliation procedures, will be part of public prosecution cases into reconciliation procedure. Considering the seriousness of the case of public prosecution, prosecution and punishment of the national character, to prevent the emergence of new injustice, the application range and cases of public prosecution is limited due to civil disputes, alleged violations of human rights and democratic rights, infringement property crime, may be sentenced to the punishment of crime cases three years, in addition to outside and malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases. However, the suspect, the defendant within five years had intentionally the crime, do not apply for this program. The parties reached a settlement agreement, the people's court case, the people's procuratorates and the public security organs in accordance with the law to punish leniently. (Amendment ninety-sixth)

3 the provisions of criminal suspects and defendants, escape, death cases of illegal gains confiscated program

In order to crack down on the crime of corruption, crime of terrorist activities, to take timely measures to freeze the recovered proceeds of crime, the United Nations and the connection has joined with China's Anti-Corruption Convention and the relevant anti terrorist problem resolution requirements, proposed to increase provisions, for the crime of corruption and bribery, terrorist activities crime and major crime, criminal suspects, the defendant fled, appear in wanted not a year later, or criminal suspects, defendants die, in accordance with the provisions of the criminal law shall be recovered and the illegal income and other properties involved in case, the people's Procuratorate may propose the confiscation of illegal income to apply to a people's court. And set a specific procedure. (Amendment ninety-seventh)

Forced medical procedures specified in 4 mental patients to violence

Article eighteenth of the criminal law, the mental patient harm consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to strict surveillance and medical; when necessary, by the government of compulsory medical. For public security, maintaining social harmony and order, provided suggestions on the basis of this, the violence behavior endangers public security or causing death, serious injury, he shall not bear criminal responsibility according to law, to continue to be mental patient harm to society, the people's Procuratorate to the people's court for compulsory medical application, be decided by the people's court. And the program, decided to a people's court for compulsory medical lifting procedures and the supervision of the people's Procuratorate provisions. (Amendment ninety-eighth)

There is a problem need to report. With regard to the modification of the criminal procedure law amended provisions of the larger, more, and added a new series, chapter, section, suggested by the NPC Standing Committee examined and further revised and refined by the NPC Standing Committee for consideration by the general assembly, through the.^[2]

Of great significance

　　The draft amendment to reflect the respect and protection of human rights principles

The draft amendment are paying attention to the embodiment of respecting and safeguarding human rights principles in the following specific provisions

One, in the evidence system, no person shall be forced to prove his guilt, rules of illegal evidence exclusion system.

Two, in the compulsory measures, improve the conditions of arrest and the people's Procuratorate approved the arrest procedures, strictly limited to take compulsory measures do not notice the exceptions of families.

Three, in the defense system, may entrust a defender clear criminal suspects in the investigation stage, improve met and scoring procedures for solicitors, expand the scope of legal aid.

Four, in the investigation procedure improve the provisions about the suspect, the defendant, strengthening the supervision of investigation.

Five, in the judicial procedure, the second instance shall open a court session scope, make specific provisions for the death penalty review procedure.

Six, in the implementation process, increase the provision of community correction.

Seven, in a special program, setting the conditional non prosecution and criminal record storage system.

 

A formal amendment through full text

The five session of the Eleventh National People's Congress (2012, NPC and CPPCC authorized to release) of the National People's Congress on the revision of "the people's Republic of ChinaCriminal Procedure LawDecision

(by March 14, 2012 eleventh session of the National People's Congress fifth conference)

The eleventh session of the National People's Congress fifth conference decided to make the following amendments to the "Criminal Procedure Law" of the people's Republic of china:

One, the second shall be amended as: "the criminal procedure law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively withCriminal behaviorFight, safeguard the socialist legal system, respect and safeguard human rights, protect the citizensRight of the person, property rights, the peopleThe main rightAnd other rights, guarantee the smooth progress of socialist construction."

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

Delete paragraph second.

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

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

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

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

"The defender,LitigationPeople can challenge, apply for reconsideration in accordance with the provisions of this chapter."

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

"The investigation organ for the first timeThe interrogation of criminal suspectsOr to take coercive measures of criminal suspects, it shall inform the criminal suspect has the right to entrust defenders. The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders. The people's court shall accept the case within three days, it shall inform the defendant has the right to entrust defenders. The suspect, the defendant in custody requests entrust a defender, the people's court, the people's procuratorates and the public security organs shall promptly convey the requirements.

"The suspects, defendants in custody, but also by itsGuardian,Near relativesTo entrust defenders.

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

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

"The suspect, the defendant is blind, deaf, dumb, or are not yet completely unable to recognize or control his ownCapacityThe mental patient, does not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.

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

Seven, thirty-fifth shall be amended as: "the responsibility of a defender shall according to the facts and the law, the criminal suspect, the defendant guilty, a mitigated punishment or exemption, theCriminal responsibilityMaterials and opinions, maintain the suspect, the defendant's litigation rights and other lawful rights and interests."

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

Nine, the thirty-sixth changed to two, as thirty-seventh, thirty-eighth, amended as:

"Thirty-seventh defense lawyers with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant.

"Defense lawyer to lawyer's practicing certificate,Law firmProof andPower of attorneyOr legal aid official request to meet with the criminal suspect, the defendant in custody, detention house shall arrange to meet, not later than forty-eight hours.

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

"The lawyer meets with the criminal suspect in custody, the defendant, the understanding of the circumstances of the case, to provideLegal adviceSince the case is transferred for examination before prosecution; the date, may apply to the criminal suspects and defendants, verify the relevant evidence. DefendThe lawyer to visit the suspected criminalNot to be listening, defendant.

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

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

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

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

"Article fortieth of criminal suspects defender collected not at the scene of the crime, not reachedThe age of criminal responsibilityThe mental patient belongs to, not bear criminal responsibility according to the law of evidence, it shall timely inform the public security organ, the people's procuratorate."

Eleven, the thirty-eighth changed to forty-second, is amended as: "to defend or any other person, shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference 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."

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

"And the information about the forty-sixth defense attorney known in practice, have the right to keep confidential. However, defense lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious harm to othersPersonal safetyCrime, the judicial organ shall timely inform the.

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

Thirteen, the forty-second changed to forty-eighth, is amended as: "can be used to prove the material facts of the case, is evidence.

"Evidence includes:

"(a) evidence;

"(two) documentary evidence;

Three.Testimony of witness;

"(four) statement of the victim;

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

"(six) the expert opinion;

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

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

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

Fourteen, one article is added as Article forty-ninth:"In cases of public prosecutionThe defendant guiltyThe burden of proofBorne by the people's procuratorate,Case of private prosecutionThe burden of proof of the defendant's guilt borne by the private prosecutor."

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

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

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

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

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

"(a)Conviction and sentencingThe fact that there is evidence that;

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

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

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

"Fifty-fourth using torture to extract confessions and other illegal methods to collect the suspect, defendant's confession and the use of violence, threats and other illegal methods to collectTestimony of witness, victims' statements, should be excluded. The collection of physical evidence, documentary evidence does not meet the statutory procedures, may seriously affect judicial justice, shall be corrected or make reasonable explanations; no correction or to make a reasonable explanation, the evidence should be excluded.

"In the investigation, prosecution, trial found the evidence should be excluded, should be excluded in accordance with the law, shall not be used as prosecution, prosecution and judgment basis.

"Article fifty-fifth the people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall conduct investigation and verification. To do to illegal methods to collect evidence situation, should put forward rectification opinions;Constitute a crimeThe, shall be investigated for criminal responsibility.

The process of "fifty-sixth court, judges that may exist in the fifty-fourth article of this law to illegal methods to collect evidence, shall be carried out on the legitimacy of the evidence collectionThe court investigation.

"The party and the defender, agent ad litem shall have the right to request the people's court to illegal methods to collect evidence shall be excluded. For the exclusion of illegal methods to collect evidence, shall provide relevant clues or materials.

"Article fifty-seventh the court investigation in the legitimacy of evidence gathering process, the people's Procuratorate shall on the legitimacy of the evidence collection proved.

"The existing evidence can not prove the legitimacy of evidence collection, the people's Procuratorate may petition the people's court to inform the relevant investigation or other personnel to appear in court to explain the situation; the people's court may notify the relevant investigation or other personnel to appear in court to explain the situation. The investigation personnel or other personnel also may request the court to explain the situation. After the people's court shall notify the relevant personnel shall appear in court.

"For the fifty-eighth article after the court, to confirm or cannot rule out the existence of the fifty-fourth article of this law to illegal methods to collect evidence, the evidence should be excluded."

Nineteen, the forty-seventh changed to fifty-ninth, is amended as: "the testimony of witnesses in court by the public prosecutor, the victim and the defendant, the defenders both evidence and found later, can be used as a basis. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law."

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

"Sixty-second organization for the crimes of endangering national security, terrorism crime, underworld crime,Drug crimeIn such cases, the witnesses and expert witnesses, victims when testifying in a lawsuit, himself or his close relatives and personal safety risk, the people's court, the people's procuratorates and the public security organs shall take the following one or multiple protective measures:

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

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

"(three) persons are prohibited from contacting witnesses, specific identification, victims and their close relatives;

"(four) to take special protective measures for personal and residential;

"(five) other necessary protective measures.

"The witnesses and expert witnesses, victims believe that witness in lawsuit, himself or his close relatives and personal safety risk, may apply to the people's court, the people's Procuratorate, the public security organ shall protect the request.

"The people's courts, the people's Procuratorate, public security organ shall take protective measures, the relevant units and individuals shall cooperate with the.

"The sixty-third witnesses had testified to fulfill the obligation and expenditure of transportation, accommodation, meals and other expenses, shall grant. Witnesses in the judicial organ business funds subsidies shall be guaranteed by the government.

"Work unit of the witness, the unit shall not deduct explicitly or implicitly wages, bonuses and otherWelfare benefit."

Twenty-one, the fifty-first changed to sixty-fifth, is amended as: "the people's courts, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, can bail:

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

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

"(three) with severe disease, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;

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

"Bail shall be executed by a public security organ."

Twenty-two, the fifty-fifth changed to sixty-eighth, amended as:"GuarantorShall perform the following obligations:

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

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

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

Twenty-three, the fifty-sixth changed to three, as sixty-ninth, seventieth, seventy-first, amended as:

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

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

"(two) address, work units and contact information changes, in twenty-four hours to inward executive report;

"(three) in the time to;

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

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

"The people's courts, the people's procuratorates and the public security organ may according to the circumstances of the case, shall be ordered to be criminal suspects, defendants on bail the following one or more:

"(a) shall not be allowed to enter the specific place;

"(two) with no specific staff meeting or communication;

"(three) may not engage in certain activities;

"(four) the passports and other travel documents, driver's license to executing organ preservation.

"By the criminal suspect, the defendant on bail in violation of the provisions of the preceding two paragraphs, have to payBond, the confiscation of part or all of the margin, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay margin, the guarantor, or residential surveillance, he shall be arrested.

"In violation ofBail provisions, need to be arrested, the suspect, defendant custody.

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

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

"Article seventy-first of criminal suspects, defendants inThe release on bailNo violation of this law the provisions of article sixty-ninth, when the end of the guarantor pending trial, byLift the release on bailNotice or relevantThe legal documentTo the bank for the refund of deposit."

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

"Article seventy-second the people's court, the people's procuratorates and the public security organs in accordance with theThe conditions of arrestIn one of the following cases, criminal suspects, defendants, to residential surveillance:

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

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

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

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

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

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

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

"Seventy-third residential surveillance shall be carried out in the criminal suspect, the defendant's; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution. But, not in the place of custody, special case handling place execution.

"The specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people.

"Criminal suspects, defendants to entrust defenders, this Law shall apply to the thirty-third.

"The supervision of people's Procuratorate to specify the decision and implementation of residential surveillance is legal residence.

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

Twenty-five, the fifty-seventh changed to seventy-fifth, is amended as: "by the criminal suspect, defendant residential surveillance shall observe the following provisions:

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

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

"(three) in the time to;

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

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

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

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

Twenty-six, one article is added as article seventy-sixth,: "executive organ of criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can monitor communication of criminal suspects."

Twenty-seven, the sixtieth changed to seventy-ninth, is amended as: "to have evidence to prove the facts of the crime, may be sentenced penalty above the suspect, the defendant, to take bail pending trial is not enough to prevent the danger to the society, should be arrested:

"(a) may implement the new crime;

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

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

"(four) to the victims, informants, may the complainant implementationTake revengeThe;

"(five) Dutch act or attempt to escape.

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

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

Twenty-eight, the sixty-fourth to the eighty-third, the second paragraph is revised as follows: "arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours. In addition to not notice or suspected of crimes of endangering national security, terrorist activity crime notification would hinder the investigation of possible situation, should be in detention within twenty-four hours after notification, the detainee's family. After the investigation situation to disappear, it shall immediately notify the detainee's family."

Twenty-nine, the sixty-fifth changed to eighty-fourth, is amended as: "the public security organs of the detainee shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate."

Thirty, one article is added as article eighty-sixth,: "the people's ProcuratorateExamination and approval of the arrest, can interrogate the criminal suspect; in any of the following circumstances, it shall interrogate the criminal suspect:

"(a) have doubts about whether it meets the conditions for arrest;

"(two) the suspect asked prosecutors to statement;

"(three) the investigation may have serious illegal act.

"The people's Procuratorate for examination and approval of arrest, may question the witnesses and other participants in the proceedings, to listen to the views of the defense lawyer; lawyer requested shall listen to the opinions, defense lawyer."

Thirty-one, the seventy-first to the ninety-first, the second paragraph is revised as follows: "after the arrest, it shall immediately be arrested for custody. In addition to not notice shall, within twenty-four hours after the arrest, notify the family of the arrested person."

Thirty-two, one article is added as article ninety-third,: "the suspect, the defendant was arrested, the people's Procuratorate shall still the necessity of the detention review. The detention is not necessary, should be recommended to be released or alteration of the compulsory measures. The relevant authorities shall within ten days to notify the people's procuratorate."

Thirty-three, the fifty-second changed to ninety-fifth, is amended as: "the suspect, the defendant and hisThe statutory agentPeople, close relatives or counsel have the right to apply for alteration of the compulsory measures. Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval."

Thirty-four, the seventy-fourth changed to ninety-sixth, is amended as: "the suspect, the defendant in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, the suspect, the defendant shall release the need to verify,; trial, to the crime the suspect, the defendant can bail or residential surveillance."

Thirty-five, the seventy-fifth changed to ninety-seventh, is amended as: "the people's court, people's Procuratorate or public security organs to the compulsory measures adopted by the statutory period expires the suspect, the defendant shall release, release, release on bail, surveillance or coercive measures according to law. The suspect, the defendant or his legal representative, close relative or lawyer to the people's court, the people's Procuratorate or public security organs to take coercive measures to the statutory period expires, the right to request the lifting of compulsory measures."

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

"The ninety-ninth victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action. The victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action.

"If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action.

"The 100th people's court when necessary, can take preservation measures, seizure, seizure or freezing the property of the defendant. Plaintiff of the supplementary civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. The people's courts to take preventive measures, applicationThe Civil Procedure LawThe relevant provisions."

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

Thirty-eight, the seventy-ninth changed to 103rd, one paragraph is added as the fourth paragraph: ", the last day of the period for the holiday, the first day after the holiday to the expiration date, but the suspect, defendant or criminal in custody, should to the expiration date, shall not be extended because of the holidays."

Thirty-nine, one article is added as Article 115th,: "the parties and the defender, agent ad litem, interested party has one of the following acts for the judicial organs and their staff, have the right to appeal against the authority or:

"(a) to take coercive measures to the statutory period, not to be released, dissolution or change;

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

"(three) to have nothing to do with the case of property seizure, seizure, freezing measures;

"(four) shall cancel the seizure, seizure, freezing not released;

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

"The admissibility of the complaint or accusation shall be timely treatment. To handle the appeal, it may appeal to the people's Procuratorate at the same level; the people's Procuratorate cases directly accepted, it may appeal to the upper level people's procuratorate. The people's Procuratorate shall timely examine on the appeal, the case, notify the relevant authorities to rectify."

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

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

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

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

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

Forty-three, one article is added as article 121st, "the investigators: When interrogating a criminal suspect, can the audio or video recording of the interrogation process; there may be sentenced to life imprisonment, the death penalty cases or other serious crimes, should be the audio or video recording of interrogation process.

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

Forty-four, cancel ninety-sixth.

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

Forty-six, article ninety-eighth paragraph second delete.

Forty-seven, 105th to 130th, the first paragraph is revised as follows: "in order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body, can extract fingerprint information, collection of blood, urine and other biological samples."

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

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

Forty-nine, the 110th changed to 135th, revised as: "any unit and individual, obligation in accordance with the people's procuratorates and the public security organs requirements, material evidence, documentary evidence, surrender may prove audio-visual material evidence, the suspect's guilt or innocence."

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

Fifty-one, the 114th changed to 139th, is amended as: "found in the investigation activities may be used to prove a property, the suspect's guilt or innocence shall file, seizure, seizure; irrelevant to a case of property, documents, shall not be seized, seizure.

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

Fifty-two, the 115th changed to 140th, is amended as: "to the attachment, seizure of property, documents, should be with the eyewitnesses and attachment, seizure of property, file holder on the spot were clear, make a list of two copies, by the investigators, the witness and the holder of the signature or seal, a copy to the holder, the other copy shall be kept on file for reference."

Fifty-three, the 117th changed to 142nd, is amended as: "the people's Procuratorate, the public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions of the deposit, remittance, bond, stock, fund and other property. The units and individuals concerned shall cooperate with the.

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

Fifty-four, the 118th changed to 143rd, is amended as: "to the attachment, seizure of property, documents, mail, telegram or frozen deposits, remittances, bond, stock, fund and other property, find out the irrelevant to the case, shall be cancelled within three days, seizure, freezing up, be refunded."

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

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

Fifty-six, 121st, 157th "Expert conclusion"To" expert opinion".

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

"Eighth measures of technical investigation

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

"The people's procuratorates in the case, for embezzlement, bribery and use the power of the graveThe violation of civil rightsThe major crime, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation, in accordance with the relevant authorities.

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

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

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

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

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

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

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

"The illegal benefit drug product or property crime, the public security organ according to the investigation of a crime, in accordance with the provisions of the implementation can be controlled delivery.

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

Fifty-eight, the 128th changed to 158th, is amended as: "in the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 154th recalculation investigation detain deadline since the day of discovery.

"The suspect does not tell his true name, address, the identity is unidentified, shall be investigated for their identity, investigation detain deadline checking computation since the day of its identity, but do not stop the crime investigation. The criminal facts are clear, the evidence is, well, really can not be identified, also by the name of prosecution, trial."

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

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

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

Sixty-two, the 134th changed to 165th, is amended as: "the people's procuratorates custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within fourteen days. Under special circumstances, a decision to arrest time can be extended by one to three days. The arrest is not necessary, he shall be released immediately; for further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance."

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

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

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

Sixty-five, the 141st changed to 172nd, is amended as: "the people's Procuratorate considers that the facts of the crime suspects have been ascertained, the evidence is reliable and sufficient, shall be investigated for criminal responsibility according to law, shall make a decision to prosecute, in accordance with the provisions for trial jurisdiction, initiate a public prosecution to the people's court, and the case file and evidence, to the people's court."

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

The third paragraph is revised as follows: "the people's Procuratorate decides not to prosecute cases, should the investigation of attachment, seizure, freezing the property, seizure, freezing lifting attachment. Person who is not to be prosecuted should be given administrative punishment,Administrative sanctionsOr the confiscation ofThe illegal income, the people's Procuratorate shall make suggestions, to the relevant competent authority for disposal. The competent authority shall timely notify the people's Procuratorate results."

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

Sixty-eight, the 151st changed to 182nd, is amended as: "the people's court has decided to open a court session, it shall determineThe collegial panelMembers of the people's Procuratorate, the copy of the bill of prosecution service in ten days before the opening of the defendant and counsel.

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

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

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

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

"Do not open casesShall not be heard in public, the court announced the reason."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Seventy-six, the 165th changed to 198th, third is amended as: "theApplication for withdrawalBut not on trial."

Seventy-seven, one article is added as Article 200th,: "during the course of the trial, one of the following circumstances, the case can not continue for a long time trial, may suspend the trial:

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

"(two) the defendant escape;

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

"(four) due to irresistible.

"The disappearance reason to suspend the trial after the trial, should be restored. To suspend the trial period shall not be included in theThe trial period."

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

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

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

Eighty, the 174th changed to 208th, is amended as: "under the jurisdiction of the grassroots people's court cases, in accordance with the following conditions, may be applicableSummary procedureTrial.

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

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

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

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

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

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

"(two) have a significant social impact;

Three.Common crimeIn the case of the defendant not guilty or has any objection to the application of summary procedure;

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

Eighty-two, the 175th changed to 210th, is amended as: "the application of summary procedureThe trial of the caseOn May, sentenced to the punishment of three years, can be formed a collegiate bench trial, also may be tried by a single judge; more than three years in prison for possible sentence, shall form a collegial panel trial.

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

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

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

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

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

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

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

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

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

"(four) other shall open a court session.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shallThe death penalty reviewThe bulletin of the Supreme People's procuratorate."

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

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

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

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

"(four) in violation of the lawProcedure, which may affect the fair trial;

"(five) the judges in the trial of the case, there isBribery and corruptionBehavior, play favouritism and commit irregularities, perverted the law."

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

Ninety-six, the 206th changed to 245th, is amended as: "the people's court in accordance with the procedure for trial supervision to the trial of the case by the people's court, the trial, shall form a new collegial panel of. If it was a case of first instance, shall, in accordance with theThe procedure of first instanceThe 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 theThe procedure of second instanceThe trial, judgment, ruling, is the final judgment, ruling.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

One hundred and six, a fifth increase, as:"The special procedure".

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

The first chapter of "minor procedure of criminal case

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

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

"Article 267thJuvenile delinquencyThe suspect, the defendant's counsel did not entrust, the people's court, the people's Procuratorate, the public security organ shall inform the legal aid institutions appointed a lawyer for the defence.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"(a) to comply withLaws and regulations, submit to supervision;

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

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

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

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

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

"(two) violationThe administration of public securityRegulations or regulatory investigation organs relating to the non prosecution of additional conditions shall, if the circumstances are serious.

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

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

"275th crimes under the age of eighteen, was sentenced to the punishment five years, should be related to theCriminal recordTo be sealed.

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

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

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

"The second chapter mediation in cases of public prosecution procedure

"277th of the following cases of public prosecution, sincere repentance of criminal suspects and defendants, through to the victim compensation for losses,Make an apologyBy way of understanding of victims, victims voluntary reconciliation, 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 productionThe reconciliation agreement.

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

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

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

"280th for the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or if a criminal suspect,The defendant's deathIn accordance with the provisions of the criminal law, the illegal income shall be recovered and the other involving property, the people's procuratorate can put forward to the confiscation of illegal income shall apply to the people's court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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