The National People's Congress on the revision"Criminal Procedure Law" decision

Order of the presidentArticle55No.

"The National People's Congress on the revision of criminal procedure law '' of the people's Republic of China" has been decided by the people's Republic of the Eleventh National People's Congress fifth conference in2012Years3Month14Through, is hereby promulgated, since2013Years1Month1The date of promulgation.

"Criminal Procedure Law of the people's Republic of China" shall be amended as follows:

    1,Article secondIs 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 struggle against criminal acts, safeguard the socialist legal system,Respect for and protection of human rights, protect citizen's personal rights, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction."

    2,The first paragraph of article fourteenthIs 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 enjoyRight of DefenseAnd other litigation rights."

    Delete paragraph second.

    3,Article twentiethIs amended as: "the intermediate people's courts shall have jurisdiction over the following criminal cases of first instance:

    "(a) endanger State security,TerrorismThe case;

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

    4,Article thirty-firstIs amended as: "a challenge under this chapter shall apply to court clerks, interpreters and identification of human.

    "The defender, agent ad litemCan challenge, apply for reconsideration in accordance with the provisions of this chapter."

    5,Article thirty-thirdIs amended as: "the suspect from the investigation organThe first interrogationOrTake mandatory measuresPlay, have the right to entrust defenders in the investigation period,Can entrust a lawyerAs a defender. The accused has the right to entrust defenders at any time.

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

    "The suspects, defendants in custody, but also by itsThe guardian, close relativesTo entrust defenders.

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

    6,Article thirty-fourthIs amended as: "the suspect, the defendant due to financial difficulties or other reasons, counsel did not entrust,And his near relativesCan 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 has not completely lost the ability to recognize or control his own conductThe mental patient, does not entrust a defender, the people's court shall, the people's procuratorates and the public security organsNoticeThe legal aid institutions appoint lawyers to defend the.

    "The suspect, the defendant may be sentenced toLife imprisonment, the death penalty, 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."

    7,Article thirty-fifthIs amended as: "the responsibility of a defender shall according to the facts and the law, materials and opinions put forward the suspect, the defendant not guilty, a mitigated punishment or exemption from criminal responsibility,, the maintenance of criminal suspects, defendantsLitigation rightsAnd other legitimate rights and interests."

    8One article is added as,Article thirty-sixthLawyer: "inDuring the period of investigationTo provide legal assistance for criminal suspects; complaints, charges; to apply for change of coercive measures; to the investigation organ about the crime suspectChargeAndThe relevant circumstances of the case, suggestions."

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

    "Article thirty-seventhThe defense lawyer may with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant.

    "Defense lawyer to lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall promptly arrange meetings, at the latestNo more than forty-eight hours.

    "Crimes of endangering national security, terrorism crime, crime of particularly great briberyThe case, in the period of investigation lawyer meets with the criminal suspect in custody, it shallWith the permission of the investigation organ. Of these cases, the investigation organShould noticeThe detention center.

    "The lawyer meets with the criminal suspect in custody, the defendant, the understanding of the circumstances of the case, to provide legal consulting; since the case is transferred for examination before prosecution date, to the suspect, the defendantVerify the relevant evidence. Defense lawyers to meet with the criminal suspect, defendantDon't be listening.

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

    "Article thirty-eighthDefense lawyers of the people's Procuratorate date, consult, extract, copy the caseThe materials. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material."

    10Two, increase, as the thirty-ninth, fortieth:

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

    "Article fortiethThe defending suspects were collectedNot at the scene of the crime, has not reached the age of criminal responsibility, do not belong to the criminal responsibility according to lawThe mental patientThe evidence, it shallInformPublic security organs, people's procuratorates."

    11Thirty-eighth, will be changed toArticle forty-second, is amended as: "to defend orAny other person, not help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference proceedings of the judicial organs.

    "In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law, defendants suspected of a crime, shall be undertaken by the defender cases for investigation organsOutsideFor the investigation organ. The defender is a lawyer, it shall timely notify the law firm or the lawyers' association."

12Two, increase, as the forty-sixth, forty-seventh:

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

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

    13Forty-second, will be changed toArticle forty-eighth, is amended as: "can be used to proveThe facts of the caseThe material, is evidence.

    "Evidence includes:

    "(a) evidence;

    "(two) documentary evidence;

    "(three) the testimony of a witness;

    "(four) statement of the victim;

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

    "(six) the expert opinion;

    "(seven), 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."

    14One article is added as,Article forty-ninthBurden of proof of the defendant guilty: "in the public prosecution cases shall be borne by the people's Procuratorate, the burden of proof of defendant guilty the case of private prosecution shall be borne by the private prosecutor."

15Forty-third, will be changed toArticle fiftieth, is amended as: "the judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods,No person shall be forced to prove himself to be guilty. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, can be brought in to help the investigation."

    16Forty-fifth, will be changed toArticle 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: "the state secrets,Commercial secrets, personal privacyEvidence, shall be kept confidential."

    17Forty-sixth, will be changed toArticle 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) the conviction and sentencing facts have evidence;

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

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

    18Five, increase, as the fifty-fourth, fifty-fifth, fifty-sixth, fifty-seventh, fifty-eighth:

    "Article fifty-fourthUseInquisition by tortureAnd other illegal methods to collect the suspect, defendant's confession and theViolence, threatAnd other illegal methods to collect the testimony of witnesses, victims' statements, should beExclude. The collection of physical evidence, documentary evidenceNot in conformity with the statutory procedures, may seriously affect judicial justice, shallCorrectionOr makeReasonable explanation; no correction or to make a reasonable explanation, the evidence should be excluded.

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

    "Article fifty-fifthThe people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall conduct investigation and verification. To do to illegal methods to collect evidence situation, should be put forwardRectification opinions; constitutes a crime, shall be investigated for criminal responsibility according to law.

    "Article fifty-sixthThe process of trial, judges that may exist in the fifty-fourth article of this law to illegal methods to collect evidence, the evidence collectionLegitimacyThe 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, shallProvide clues or materials.

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

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

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

    19Forty-seventh, will be changed toArticle 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."

    20Two, increase, as the sixty-second, sixty-third:

    "Article sixty-secondForEndanger State SecurityCrime,TerrorismCrime,The underworld property organizationCrime,DrugsCrime,The witnesses and expert witnesses, victimsThe witness in the proceedings, he himself or hisNear relativesPersonal 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.

    "Article sixty-thirdWitnesses had testified to fulfill the obligation and expenditureTraffic, accommodation, mealFees, shall be givenSubsidy. Witnesses in the judicial organ business funds subsidies shall be guaranteed by the government.

    "Work unit of the witness, the unitShall not be deductedOr implicitly buckle its wages, bonuses and other benefits."

    21Fifty-first, will be changed toArticle sixty-fifth, is amended as: "the people's court, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, can bail:

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

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

    "(three) 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."

    22Fifty-fifth, will be changed toArticle sixty-eighth, is amended as: "the guarantor shall perform the following obligations:

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

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

    "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."

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

    "Article sixty-ninthBy 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 unit and contact wayChangeIn twenty-four hours, with 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 pay a deposit, the confiscation ofAll or partMargin, 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.

    "The breach of bail provisions, need to be arrested, the criminal suspect, defendantCustody.

    "Article seventiethBailThe decision-making organWe should consider to ensure the litigation activities of the social risk, bail people, nature, circumstances of case, may be sentenced to a punishment, is released on bail pending trial of economic situation, determine the amount of the deposit.

    "Provide the margin shall be deposited into the marginThe executing organA special account of a designated bank.

    "Article seventy-firstThe suspect, the defendant in the release on bail is not in violation of this law the provisions of article sixty-ninth, when the end of the guarantor pending trial, by notice to remove the bail pending trial or the relevant legal documents toBankA refundable deposit."

    24Three, increase, as the seventy-second, seventy-third, seventy-fourth:

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

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

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

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

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

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

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

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

    "Article seventy-thirdResidential 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 allegedEndanger State SecurityCrime,TerrorismCrime,Particularly great briberyCrime, executive in residenceImpede the investigation, theOn the levelThe approval of the people's Procuratorate or a public security organ, also can be inThe designated residenceExecution. 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 after twenty-four hoursWithin theNotice 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-fourthThe specified period residence residential surveillance shall be offset. 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."

    25Fifty-seventh, will be changed toArticle 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 or not to meet with othersSignal communication;

    "(three) in the time to;

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

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

    "(six) the passport and other travel documents,IDDriver's papers, executive organ preservation.

    "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."

    26One article is added as,Article seventy-sixth: "executive organ of criminal suspects, defendants, can takeElectronic monitoring,No regular inspectionThe monitoring method of monitoring of compliance with the provisions of the residential surveillance; in the period of investigation, the criminal suspectsMonitoring communication."

    27Sixtieth, will be changed toArticle 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 take revenge against people of implementation;

    "(five) Dutch act or attempt to escape.

    "To have evidence to prove the facts of the crime, may be sentenced toDecadeAre to be sentenced penalty above, or there is evidence to prove the facts of the crime, may be sentenced penalty above, onceIntentional crimeOrUnidentified, 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."

    28Sixty-fourth, will be changed toArticle eighty-thirdThe second paragraph is revised as follows: ", after the detention, the detainee shall immediately send the detention center custody, not later than twenty-four hours. In addition toUnable to informOr suspectedEndanger State SecurityCrime,TerrorismCrime investigation notice may prevent other situations, should be in detention within twenty-four hours after notification, the detainee's family. Later would hinder the investigation situation should disappearImmediate noticeThe detainee's family."

    29Sixty-fifth, will be changed toArticle eighty-fourthPublic security organs, is amended as: "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."

    30One article is added as,Article eighty-sixthReview: "people's Procuratorate approved the arrest, can ask the criminal suspect; in any of the following circumstances,It shall interrogateThe suspect:

    "(a) on whether or not to comply with the conditions of arrestIn doubtThe;

    "(two) the suspect requests to the procuratorial personnelThe presentation in personThe;

    "(three) the investigation may haveMajor illegal behaviorThe.

    "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 request,ShouldListen to the counsel's opinion."

    31Seventy-first, will be changed toArticle ninety-firstThe 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."

    32One article is added as,Article ninety-third: "the suspect, the defendant was arrested, the people's Procuratorate shall still onReview the need of detention. The detention is not necessary, it shallSuggestionsTo release or alteration of the compulsory measures. The relevant authorities shall, inWithin ten daysTo notify the people's procuratorate."

    33Fifty-second, will be changed toArticle ninety-fifth, is amended as: "the suspect, the defendant or his legal representative, close relative orCounselHave 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, andThat the reasons for disapproval."

    34Seventy-fourth, will be changed toArticle 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, the suspect, the defendant can bail or residential surveillance."

    35Seventy-fifth, will be changed toArticle ninety-seventh, is amended as: "the people's court, the people's Procuratorate or the public security organ of the compulsory measures adopted by the statutory period expires the suspect, the defendant shall release, release, release on bail, residential surveillance or alteration of the compulsory measures according to law. The suspect, the defendant or his legal representative, close relative 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."

    36, seventy-seventh changed to two, as ninety-ninth, 100th, amended as:

    "Article ninety-ninthThe 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, the victimLegal representative, close relativeHave the right to file an incidental civil action.

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

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

    37One article is added as,Article 101st: "people's court the incidental civil lawsuit, canMediationAccording to the material loss, or judgment, ruling."

    38Seventy-ninth, will be changed toArticle 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."

    39One 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, the authorities have the right toComplaint or accusation:

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

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

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

    "(four) shall 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."

    40Ninety-first, will be changed toArticle 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 theThe detention centerConduct.

    41Ninety-second, will be changed toArticle 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. In theFound at the sceneThe suspect, by working to produce documents, canSummoned verballyHowever, it shall be indicated 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 suspectDiet and the necessary rest time."

    42Ninety-third, will be changed toArticle 118th, one paragraph is added as the second paragraph: "when, the investigators suspect, shall inform the criminal suspect confessSureLegal leniency."

    43,Add a, asArticle 121stTime: "the investigators suspect, can be carried out on the interrogation processAudio or video recordings; may be sentenced to life imprisonment, the death penalty cases or other serious crimes, shall carry out the sound recording or video recording of the interrogation process.

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

    44Ninety-sixth, delete.

    45Ninety-seventh, will be changed toArticle 122nd, is amended as: "the investigators asked the witness, inThe sceneOf, also can be the witness unit, residence orThe proposed locationFor, when necessary, may also notify the witness to the people's Procuratorate or public security organ to provide testimony. The examination of witnesses at the scene, they shall show their work certificates, to witness the unit, residence and witness the location of questioning the witness, the people's Procuratorate or the public security organ shall present the documents."

    46The second paragraph ninety-eighth, delete.

    47105th, will be changed toArticle 130thThe 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, canExtracting fingerprint information, blood, urineBiological samples."

    48108th, will be changed toArticle 133rdThe 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."

    49110th, will be changed toArticle 135th, is amended 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."

    50The second part second, section sixth, section 158th in the "seizure" is amended as "attachment, seizure".

    51114th, will be changed toArticle 139th, is amended as: "found in investigative activities may be used to prove the criminal suspect's guilt or innocencePropertyAttachment, seizure, documents, shall have nothing to do with the case; property, file, not attachment, seizure.

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

    52115th, will be changed toArticle 140th, is amended as: "the seizure, 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 hold people, the other copy shall be kept on file for reference."

    53117th, will be changed toArticle 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."

    54118th, will be changed toArticle 143rd, is amended as: "the seizure, 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."

    55120th, will be changed toArticle 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."

    56, 121st, the 157th in the "conclusion" is amended as "expert opinion".

    57Second chapter, seventh quarter increased in the second section, the eighth section:

    "The eighth day technical investigation measures

    "Article 148thThe public security organs in the case, for theEndanger State SecurityCrime,TerrorismCrime,UnderworldThe nature of organized crime,Serious drug crimeOr other serious harm to society of criminal cases, according to the need for crime investigation, afterStrict approval procedures, can adopt the measures of technical investigation.

    "The people's procuratorates in the case, for theA major corruption, briberyCrime andTerms of useMajor crime seriously encroaches upon the citizen's personal rights, 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.

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

    "Article 150thAdopt 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.

    "Article 151stIn 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. But,May induce others to commit a crimeNo methods, may endanger public safety or serious personal danger.

    "Relating to the paymentDrugs and other contrabandOr property crime, the public security organ according to the investigation of a crime, in accordance with the provisions ofThe implementation of controlled delivery.

"Article 152ndIn accordance with the provisions of this section shall take investigation 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 takeDon't exposeProtection measures of personnel status, method and technology, when necessary, can by the judge in theOut of courtTo verify the evidence."

    58128th, will be changed toArticle 158th, is modified 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, identity is unknown,Should carry out a survey on their identityInvestigation detain deadline, checking computation since the day of its identity, but do not stop the crime investigation. The criminal facts are clear, indeed, sufficient evidence,Really can not be identified, also by the name of prosecution, trial."

    59One article is added as,Article 159thIn the case of investigation: "before the end, defense lawyers request, the investigation organ shall listen to the opinions of counsel, and record. Defense lawyers put forward written opinions, shall be attached."

    60129th, will be changed toArticle 160th, is amended as: "the public security organs shall be the end of the investigation, the criminal facts are clear, evidence really, fully, and write the prosecution of submissions, together with the case file and evidence, to the people's procuratorate together with the review decision; at the same time to transfer the case to the situationInformCriminal suspects and their counsel."

    61133rd, will be changed toArticle 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."

    62134th, will be changed toArticle 165th, is amended as: "the people's procuratorates custody in a case directly accepted by the people, that need to be arrested, should be in theThe fourteen dayWithin the decision. Under special circumstances, decided to arrest time may be extended by one toThe three day. 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."

    63139th, will be changed toArticle 170th, is amended as: "the people's Procuratorate the case, shall interrogate the criminal suspect, to listen toCounselThe victim and his agent ad litem, opinions, and record. The defender, the victim and his litigation representative put forward written opinions, shall be attached."

    64140th, will be changed toArticle 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 LawTo collect evidence by illegal meansThe situation, can ask theMake a legal evidence collection instructions."

    The fourth paragraph is revised as follows: "forSecondarySupplementary investigation cases, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions of prosecution,ShouldDecide not to initiate a prosecution."

    65141st, will be changed toArticle 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, to the people's court proceedings, and the materials in the case, evidence to the people's court."

    66142nd, will be changed toArticle 173rd, is amended as: "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. Not to be prosecuted person needs to be given administrative punishment, administrative punishment or need to confiscate the illegal income, the people's Procuratorate shall make suggestions, to the relevant competent authority for disposal. The competent authority shall timely notify the people's Procuratorate results."

    67150th, will be changed toArticle 181st, is amended as: "the people's court for prosecution review, with clear criminal facts in the indictment, trial shall be decided."

    68151st, will be changed toArticle 182nd, is amended as: "the people's court has decided to open a court session, it shall determine the members of the collegial panel, the people's Procuratorate indictment copy in ten days before the opening on the defendant and his counsel.

    "In the court before the trial personnel, can be called the public prosecutor, the parties and the defender, agent ad litem, onAvoidance, the witness list, illegal evidence exclusionAnd 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. The open trial, the defendant shall announce, name, time and location of the court session three days before opening of the court session.

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

    69152nd, will be changed toArticle 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; involveTrade secretCases, the parties do not apply for an open trial, can not be heard in public.

    "Not a public hearing of the case shall be announced in court, shall not be heard in public reason."

    70153rd, will be changed toArticle 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."

    71Two, increase, as the 187th, 188th:

    "Article 187thThe public prosecutor, the defender, agent ad litem orHas any objection to the testimony of a witnessThe testimony of witnesses, and have a significant impact on the sentencing, the people's court that the witness should testify in court, witnesses should appear in court.

    "PeoplePoliceCrime is its duty to witness as a witness, to the provisions of the preceding paragraph.

    "The public prosecutor, the defender, agent ad litem orHas any objection to the expert opinionThe people's court, that his testimony necessary, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion shall not be taken as a basis.

    "Article 188thThe notice of the people's court, the witnessWithout justifiable reasonsDo not testify in court, the people's court may enforce the court, but the defendantExcept for spouses, 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."

    72159th, will be changed toArticle 192nd, one paragraph is added as the second paragraph: ", the public prosecutor, the defender, agent ad litem and may apply to the court for notificationMen with specialized knowledgeTo put forward opinions on the identification, identification of the comments made on."

    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."

    73160th, will be changed toArticle 193rd, is amended as: "the process of trial, theWith conviction, sentencing facts, evidenceShould 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."

    74163rd, will be changed toArticle 196th, the second paragraph is amended as: "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. The judgment shall beAt the same time serviceThe defender, agent ad litem."

    75164th, will be changed toArticle 197th, is amended as: "the judgment shall be madeJudicial personnelAnd the clerk signature, and specify the time limit for appeal and the court of appeals."

    76165th, will be changed toArticle 198thThird, is amended as: "the application for withdrawal and not on trial."

    77One 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, canTo 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 are not included in the trial period."

    78168th, will be changed toArticle 202nd, the first paragraph is revised as follows: "the people's court shall, after accepting a case of public prosecution, inWithin two monthsSentence, not later thanThree 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, canAn extension of three monthsBecause of the special situation; further extension, be approved by the Supreme People's court."

    79172nd, will be changed toArticle 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, can arrange a settlement with the defendant or withdraw his prosecution. The provisions of this law the third mediation is not suitable in 204th cases.

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

    80174th, will be changed toArticle 208th, amended as:"The basic levelThe jurisdiction of a people's court case, in accordance with the following conditions, mayApplication of summary 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."

    81One article is added as the 209th,,: "in any of the following circumstances,Do not apply summary procedure:

    "(a) the defendant isBlind, deaf, dumbIs, or has not completely lost the ability to recognize or control his own conductThe mental patientThe;

    Two yesMajorSocial influence;

    "(three) in a case of joint crime 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."

    82175th, will be changed toArticle 210th, is amended as: "the summary procedure applies to the trial of cases, to be sentenced to the punishment of three years, can be formed a collegiate bench trial, also may be tried by a single judge; in prison for more than three years may be sentenced to,ShouldCollegiate bench trial.

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

    83One 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 agreed to hear the summary procedure applies."

    84176th, will be changed toArticle 212nd, is amended as: "the summary procedure applies to the trial of cases, with permission of the judges, the defendant and his counsel withProsecution, the prosecutor and his agents ad litem debate."

    85177th, will be changed toArticle 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."

    86, 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; to may be sentenced to prisonMore than three yearsSureExtended to one and a half months."

    87187th, will be changed toArticle 223rd, the first paragraph is revised as follows: "the people's Court of second instance to the following cases,ShouldCollegiate bench 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."

    88188th, will be changed toArticle 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 decide in the trialInformThe people's Procuratorate to examine the case files. The people's Procuratorate shall, inWithin one monthAccess to finished. The people's Procuratorate to examine the case of time not included in the trial period."

    89189th, will be changed toArticle 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 remanded by the people's court for retrial."

    90190th, will be changed toArticle 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, exceptThe new facts of a crime, the people's ProcuratorateSupplementary prosecutionOutside, the people's court shall not increase the criminal punishment on the defendant."

    91196th, will be changed toArticle 232nd, is amended as: "the people's Court of second instance accepting a case of appeal or protest, should be in theWithin two monthsConclusion. May be sentenced toDeath penaltyThe case orIncidental civil actionThe case, and the 156th article of this law the provisions of the province, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, canAn extension of two monthsBecause of the special situation; further extension, be approved by the Supreme People's court.

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

    92198th, will be changed toArticle 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."

    93Two, increase, as the 239th, 240th:

    "Article 239thThe 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.

    "Article 240thThe 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 shall notify the Supreme People's Procuratorate, the death penalty review results."

    94204th, will be changed toArticle 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 do, do not fully,Should be excluded in accordance with the lawThe proof by contradiction, or 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, take bribes, play favouritism and commit irregularities, perverted the law behavior."

    95One article is added as,Article 244th: "a superior people's court order the lower court retrial, the people's court shall orderOutsideThe lower level people's court trial by the people's courtMore appropriateThe, can also command the people's court."

    96206th, will be changed toArticle 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 be carried out in accordance with the procedure of first instance trial, judgment, ruling, can appeal, appeal; if it was a case of first instance shall be tried, the superior people's court case, should be in accordance with the procedure of second instance trial, judgment, ruling, is the final judgment, ruling.

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

    97One 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 of the trial of the case,SureDecisionSuspensionThe original judgment, the execution of the ruling."

    98213rd, will be changed toArticle 253rd, the first paragraph is revised as follows: "criminal is handed over for execution of the sentence, shall be made by the people's court executed inWithin ten days after the entry into force of the decisionThe relevant legal documents toPolice, a 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 theThe following three monthsThe caretaker, for execution. Sentenced to criminal detention, executed by a public security organ."

    99214th, will be changed toArticle 254th, is amended as: "to be sentenced to criminal detention or, in any of the following circumstances, can the temporary execution outside prison:

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

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

    Three.The life cannot provide for oneself, to apply temporary execution outside prison would not endanger the community.

    "Sentenced toLife imprisonmentCriminals, with theThe second paragraphCircumstances, 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 theDelivery before execution, the temporary execution outside prison execution by the delivery of the peopleThe court decidedInAfter deliveryThe temporary execution outside prison, written opinions put forward by prison or detention, newspaper above the provincial prison administration or districts of the city level public security organsApproval."

    100One article is added as,Article 255thPrison guard: ", the proposed temporary execution outside prisonWritten comments, should be written commentsCarbon copyThe people's procuratorate. The people's Procuratorate decided or approved by the authorities to put forward written opinions."

    101215th, will be changed toArticle 256th, amended as:"DecisionOr 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."

    102216th, will be changed toArticle 257th, is amended as: "the temporary execution outside Prison Criminals, one of the following circumstances, it shallTimely to:

    "(a) foundDo not meet theThe temporary execution outside prison conditions;

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

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

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

    "Do not meet theThe temporary execution outside prison conditions by criminalsBribery and other illegal meansIs the temporary execution outside prison, during the period of probationNot included in theExecution of sentence. 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."

    103217th, will be changed toArticle 258th, is amended as: "to be sentenced toControl, probation, paroleOrThe temporary execution outside prisonCriminals, in accordance with the lawCommunity correctionThe community correction agencies responsible for the implementation."

    104218th, will be changed toArticle 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 theWrittenNotify me andThe unit of grass-roots organizations, residence."

    105221st, will be changed toArticle 262ndThe 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 review ruling, and the proposalCarbon copyThe people's procuratorate. The people's procuratorates can put forward written opinions to the people's court."

    106A, increase, as the fifth series: "special procedures".

    107, add a chapter, as the fifth series of the first chapter:

    "The first chapter minors procedure of criminal case

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

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

    "Article 267thThe juvenile criminal suspects, defendantsCounsel did not entrustThe people's courts, the people's Procuratorate, shall, the public security organNoticeThe legal aid institutions appoint lawyers to defend the.

    "Article 268thThe public security organs, people's Procuratorate, the people's court for minor criminal cases, according to the situation of the juvenile criminal suspects, defendantsThe growth experience, the causes of crime, care educationEtc.Investigation.

    "Article 269thTo the juvenile criminal suspects, defendants shallStrictly 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 adultsRespectivelyHeld, respectively, respectively, education management.

    "Article 270thFor minor criminal cases, when the interrogation and trial,Should noticeThe juvenile criminal suspects, the legal representative of the defendant at.Unable to inform, legal agent can not presentOrLegal representative is the accomplice, may also notify the juvenile criminal suspects, defendantsOther adult relatives, school, unit, residence grassroots organizationsOrOn behalf of the minors protecting organizationsThe scene, and record the relevant information. The present legal representative canOn behalf of the exerciseA minor suspect, the defendant's litigation rights.

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

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

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

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

    "Article 271stFor minors suspected of criminal law the fourth chapter, the fifth chapter, the sixth chapter provisions of the crime, may be sentenced toA year in prison the followingPunishment.In line with the conditions for prosecution, butRepentanceThe people's procuratorates canMake a conditional non prosecution decision. The people's Procuratorate before making a decision of conditional non prosecution,Should listen toThe public security organs, the opinions of the victim.

    "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 ProcuratorateThe non prosecution of additional conditions have objection, the people's Procuratorate shall makeProsecutionDecision.

    "Article 272ndIn the non prosecution of additional conditions of the testing period, the conditional non prosecution of the minor suspects of supervision by the people's procuratorate. Juvenile suspectGuardianThe juvenile criminal suspects, shouldStrengthen disciplineThe people's procuratorates do, with the supervision and inspection work.

    "The non prosecution of additional conditionsThe test for a period of six months or more than one yearThe calculation is made, conditional non prosecution decision from the people's Procuratorate date.

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

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

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

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

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

    "Article 273rdIs the conditional non prosecution of the minor criminal suspects, one of the following circumstances in the test period, the people's Procuratorate shallRevocation of conditional non prosecution decision, prosecution:

    "(a)The implementation of the new crimeOr that the non prosecution of additional conditionsThere were other crimes prosecutionThe;

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

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

    "Article 274thThe defendant at trialUnder eighteen years of ageCase,Not a public hearing. However, with the consent of the juvenile defendant or his legal representative, the juvenile defendantThe schoolAnd the minorProtection groupCan be represented at.

    "Article 275thAt the time of the crimeUnder the age of eighteen, was sentenced to five years in prison the followingThe penalty, should be related to theCriminal record to 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.

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

    108, add a chapter, as the fifth parts with second chapters:

    "The second chapter mediation in cases of public prosecution procedure

    "Article 277thThe following cases of public prosecution, sincere repentance of criminal suspects and defendants, through to the victim compensation, apology etc.Forgiven by the victimVoluntary reconciliation, victim, both partiesBe reconciled:

    "(a) forCivil disputesCause, suspected of criminal law the fourth chapter, the fifth chapter stipulated crime, may be sentenced toThree years in prison for the followingPunishment.

    Two.In addition to malfeasance crimeBe sentenced toSeven yearsSequentia the sentenceNegligenceCrime cases.

    "The suspect, the defendant atFive years had an intentional crimeThe,Not applicableThe provisions of this chapter shall program.

    "Article 278thReconciliation, the public security organs, people's Procuratorate, the people's courtShouldListen to the views of the parties and other relevant personnel, for reconciliationVoluntary, legitimacyReview, and presided over the productionThe reconciliation agreement.

    "Article 279thTo reach a settlement agreement case, the public security organs can be presented to the people's ProcuratorateThe lenient treatment recommendations. The people's procuratorates can be presented to the people's courtLenient punishment suggestions; for minor crimes, without penalty, can make aNon prosecutionDecision. The people's courtSureAccording to the defendant lenient punishment."

    109, add a chapter, as the fifth parts with third chapters:

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

    "Article 280thForBribery and corruptionCrime,TerrorismCrime and major crime, criminal suspects, defendantsAbscond, wanted a year later not in custodyThe suspect, the defendant, orDeathShall, in accordance with the criminal lawPursue the illegal incomeAnd 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, it shall make a writtenThe confiscation of illegal income opinions, to the people's procuratorate.

    "The confiscation of illegal incomeApplyShall provide relevant with the facts of the crime, the illegal incomeEvidence material, statingProperty types, number, location and attachment, seizure, freezing condition.

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

    "Article 281stThe confiscation of illegal income application, byThe crimeOrThe suspect, the defendant is domiciledTheIntermediateThe people's courtThe collegial panelTrial.

    "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.

    "Article 282ndThe people's court, to verify illegal income and other involved property, except to be returned to the victim, shall be adjudged to beThe confiscation of; 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 madeRulePeople, close relatives and other interested the suspect, the defendant or the people's procuratorate can put forwardThe appeal, appeal.

    "Article 283rdDuring the trial, the escaped criminal suspects, defendantsThe voluntary surrenderOrCaptured, the people's court shallTo terminate the trial.

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

    110, add a chapter, as the fifth parts with fourth chapters:

    "The mental patient fourth chapter shall not bear criminal responsibility of compulsory medical procedures

    "Article 284thImplementationViolenceBehavior,Endangering public safetyOr serious harm to the citizenPersonal safety,By the statutory procedures identificationThe mental patient does not bear criminal responsibility according to law, continue to harm society possible,SureBe compulsory medical.

    "Article 285thAccording to the provisions of this chapter shall compulsory treatment of mental patients, by the peopleThe court decided.

    "Public security organs found mental patients comply with the compulsory medical conditions, it shall make a writtenCompulsory medical opinions, 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 submit to the people's court compulsory medicalApply. The people's court in the case was found during the defendant comply with the compulsory medical conditions, can make the compulsory medicalDecision.

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

    "Article 286thThe people's court for compulsory treatment application, shall formThe collegial panelTrial.

    "The people's court compulsory medical cases,ShouldNotice by the applicant or the legal representative of the defendant at. The applicant or the accused does not entrust agents ad litem, the people's courtShould noticeThe legal aid agencies to appoint a lawyer for legal assistance.

    "Article 287thThe people's court, for the respondent or defendant comply with the compulsory medical conditions, should be in theWithin one monthTo make mandatory medical decision.

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

    "Article 288thCompulsory 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 put forwardRemove commentsDecides to approve, reported the people's court for compulsory medical.

    "Forced medical people and their relativesHave the right toApply for the termination of compulsory medical.

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

    111Number of provisions, reference ninety-ninth, 126th, 127th, 132nd, 146th, 166th, 171st, 192nd, 193rd in phase should 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 since2013Years1Month1The date of promulgation.