Species (four species)

Specific charges and characteristics

The crime of bribery and corruption

Bribery crime and bribery crimeThe subject is a general,Other crime for special subject.

The crime of Malfeasance

The subject of crime of malfeasance asThe personnel of state organs

③The personnel of state organsThe implementation of the use of authority harmRight of the personAndDemocratic rightsCrime (7 A)

Illegal detention; illegal search;Torture to extract confessions; violence; corporal punishment, abuse the detained person revenge against a case caseTo disrupt the election case.

④The personnel of state organsOther major crimes by authority,AfterAt the provincial levelThe people's Procuratorate decides.

1Subject: the personnel of state organs

②Behavior: terms of use

③Procedure: the people's Procuratorate at or above the provincial level decision

Species (three species)

Specific charges and characteristics

Pure private prosecution: tell just processing (four class five crimes)

1Insult, libel (except the harm social order and national interests);

②The violence of interference in the freedom of marriage (except in case of death);

③Abuse case (with the exception of causing serious injury or death);

④Embezzlement case.

Private and public prosecution Cross: the victim has evidence to prove that the minor criminal cases (8 For, "high" the interpretation of law1Article2 Paragraph)

1The case of intentional injury(of light injury)Xing Fadi234 Article1 Paragraph);

②Illegal encroachment (Xing Fadi case245 Article);

③A violation of freedom of communication (Xing Fadi case252 Article);

④Bigamy caseXing Fadi258 Article);

5Case of abandonmentXing Fadi261 Article);¹

⑥Production, sales of fake and shoddy goods case (Criminal Law Article3 Zhang Di1The provisions of section, but the serious harm to the social order and national interests except);All rights reserved

⑦Intellectual property rights infringement case (Criminal Law Article3 Zhang Di7 The provisions of section, but the serious harm to the social order and national interests except);

⑧Belonging to the fourth chapter, the fifth chapter of criminal law provisions, the defendant may be sentenced to the punishment cases three years.

For the above eight cases,Can public prosecution and private prosecutionVictim: directly to the people's court, the people's courtShall accept. For theThe evidence is insufficient, can be accepted by the public security organs, or that the defendant may be sentenced penalty above three years, shallTransferThe public security organ for investigation.

Public prosecution to private prosecution

1There is evidence that the victim;②ViolationRight of the person,Property rights;^②

③To make the public inspection shall not be prosecutedWrittenDecision. After the first prosecution of private prosecution

Division of labor

And the state security organs, the security departments of the army, prison, Customs Smuggling Investigation Division

Accept the special cases

Undermining the order of socialist market economy (such as the case of the non national staff bribery case, the non national staff bribery case); tax cases (not all)^③;Perjury^④;Refusing to implement the judgmentThe jurisdiction of the public security organ.⁵

The jurisdiction of public security organs and the procuratorate between cross cases

Jurisdiction (premise):Investigation by the public security organ of criminal cases involving corruption and bribery cases under the jurisdiction of the people's Procuratorate, shall the corruption and bribery casesTransferThe people's procuratorates; people's Procuratorate investigation of embezzlement and bribery cases involving the jurisdiction of the public security organ in criminal cases, shall belong to the jurisdiction of the public security organ in criminal casesTransferPolice.

The main crime principle:In the above conditionsIf suspectedThe LordCrime belongs to the jurisdiction of the public security organs, by the public security organs shall mainly investigation, procuratorateCoordination; if the alleged main crime belongs to the procuratorate jurisdiction, mainly by procuratorate investigation, the public security organs to be with.("Six authority" article6A)

Investigation by the public security, procuratorate that belonged to the court in criminal cases directly accepted (private prosecution case)

To belong toThat case(such as embezzlement),Can inform the victimDirectly file a lawsuit to the people's court;

② to belong to the people's courtAdmissibleOther types of private prosecution cases (such as bigamy)SureTo place the case on file for investigationThenThe prosecution in a people's Procuratorate, along with the case to the people's court, the people's courtThe merger trial.

The courtPrivate prosecutionThat's not the prosecution of criminal cases (case in public prosecution case)

CourtShould the crimes will be newly discoveredFile transferJurisdiction of the public security organ or the people's ProcuratorateHandle.Such as the trial of embezzlement case is found to have a robbery

The courtThe public prosecutionThat's not the prosecution of criminal cases (case in public prosecution case)

The court shallThat's ProcuratorateAdd, change prosecution("high" the interpretation of law178A).If the trial is found and the robbery homicide^⑥

All levels of court cases(Criminal Law Article19-22A)

Method Hospital

The scope of jurisdiction

Supreme People's court

Major criminal cases nationwide

The higher people's court

The province (autonomous region, municipality directly under the central government) major criminal cases

★ ★ ★ intermediate people's courtEvery year the compulsory

1Endanger State Security¹,TerrorismThe case; ② may be sentenced toThe death penalty, the life imprisonmentThe^③;(Delete the foreigner crime) (Criminal Procedure Law Article20A)Amendment to^②

The basic people's court

Except under the jurisdiction of the people's court at a higher level

Between the upper and lower court jurisdiction of the circulation

On the next trial

The superior court when necessary, can be under the jurisdiction of a lower court trial of criminal cases of first instance; the lower court that the case, complicated by the need for the higher court trial of criminal cases of first instance, you can request a transfer on court trial. (Criminal Law Article23 A)

The procuratorate that ordinary criminal cases punishable by life imprisonment, the death penalty and the prosecution to the court, the intermediate court after accepting,That need not be sentenced to life imprisonment or criminal punishment,SureAccording to the trial, no longer pay the grass-roots court. Also can hand in grassroots.("high" the interpretation of law4 A)

Not to be trial (one-way)

For criminal cases of first instance, shall be governed by the superior court according to law, cannot specify a lower court jurisdiction. ("six authority" article5A)

Tall not low

A committed several crimes, common crimeAnd other needs and trial of cases, as long as one or a crime belongs to the superior court jurisdiction,The caseUnder the jurisdiction of the superior court. ("high" the interpretation of law5 A)

The original Then

Matters needing attention

In order toThe crimeThe jurisdiction of a people's court,The defendant residesJurisdiction of the people's court as.

The crime refers toThe crime occurred;^④For the purpose of illegal possession of property crime, includingActsAndThe actual acquisition of propertyResults occurrence.

In order toThe initial acceptanceThe people's court for trial,The main criminalThe people's court for trial by.

1Civil action.The first case)

②Administrative proceedings.First filed)

Love Shape

The jurisdiction is unclear, but the jurisdiction is unable to exercise the jurisdiction

Process Sequence

① the jurisdiction is unclear:Negotiation--A common upper levelDesignated by the people's court

② jurisdiction but objectively unable to exercise the jurisdiction: the people's court shall be reported level specified

To specify the file after

The prosecution case (return procuratorate);

In a case of private prosecution (directly to a court of competent jurisdiction).

Love Shape

Under the jurisdiction of the court

Provisions of the International Convention

Captured

The foreigners in Chinese field for China, Chinese crime

The place of entry

The field China ship crime

The first port of call

The field Chinese aircraft within the crime

The first landing

The international train of crime

According to the agreement -- the initial docking station or subway road transportation court

The China citizens in overseas embassies and consulates in China crime

The competent units or the original domicile

Crime and Chinese citizens in the field outside the people's Republic of China

The departure of former residence or domicile

⑧Leakage of crimeThe principle isThe trial courtIfA prison termOrThe new discovery of the main criminal crimeJurisdiction is more appropriate, shall be under the jurisdiction of the court;

The new crime: prison again commits a crime, by theA prison termThe jurisdiction of the court. Criminals serving sentences in the escape during the crime, if the crime to capture and found that, byThe crimeThe jurisdiction of the court; if the arrest escorted back to prison after the discovery of a criminalA prison termThe jurisdiction of the court.

Jurisdiction

① servicemen (including the army on the staff members and workers) and non military crime,RespectivelyA military court and the local people's court or other specialized courts (currently the railway courts);

②Relating to national military secretsThe,All of theThe military courtHave jurisdiction over.¹

Other special courts jurisdiction outside the court or a military court cases^②

1Non military personnel, dependents in a military camp in a crime;

②The soldiers in the apply for retirement formalities after the crime;

③Active duty military army before the crime (requiredIn conjunction with the service period of criminal trialExcept.

④Veterans in the service life of crime (committed soldiersCrimes of violation of dutyExcept.

To avoid the object

1The judges, prosecutors, investigators, clerks, experts and interpreters¹;

②The witness, counsel^②Do not apply to avoid.

The reasons of challengeOur country has no

Peremptory challenges

It is the casePartyOr the partiesNear relatives^③The;

② I or his close relatives and the caseInterestRelationship;

③★Served asIn this caseA witness, expert witness, the defender, agent ad litem, inspection personnelThe;^④

The other relationship with a party to the case,May affect the impartial handling of the case;

5★Parties to accept and the entrusted peopleTreat or gift,Meeting in violation of the provisions ofThe parties and the entrusted people (should beProvide relevant materials of proof"High") (Interpretation No.27A)

⑥★Where inThis stage of the proceedings before participationWith the case of personnel shall not be allowed to participate in the case. ("high" the interpretation of law31A)⁵

Kind of Class

Self avoidance, apply for withdrawal, withdrawal instruction

The main application

The parties and their legal representatives,The defender, agent ad litem (The amendment)

During the period of application

LitigationAny stage

The mode of application

Written orOral (self withdrawal can also be oral)

The decision of the main^⑥

1Dean: the judges, court clerks, interpreters, expert;

②Attorney generalClerk: prosecutors, the procuratorate, and the procuratorate hired or assigned identification, translators;

③The investigation organ responsible person: Investigators and hired by their designee or translators, identification;

The agency decision:The committee decided toDeanThe decisionThe prosecutor and the investigation organ responsible person.

Apply

Effect

1Non statutory conditionsCourtThe court dismissed,And shall not review. ("high" the interpretation of law29A)

②To apply for withdrawal--((An adjournment, postponement of the hearing, to decide)During the period of review) -- decide avoidance or not, apply for a review--(during the period of reconsideration) -- a reconsideration decision.

③Application for reconsideration body once rejected a request for withdrawal: the parties and their legal representatives,The defender, agent ad litem(The amendment)(In court), was decided to avoid personnel (Recovery before the trial);("high" the interpretation of law28A)To the original decision of the main

④During the period of review principleThe program to stop; but the investigation program exception;

5During the period of reconsideration,Litigation activity does not stop.

⑥ for compliance with the statutory conditions andProsecutors are avoided, before the withdrawal decision made by theLitigation evidence obtained and theWhether effective, byThe procuratorial committeeOrAttorney generalAccording to the specific circumstances of the case decided.("high" the rules30Article)