151

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

The payment of goods prohibited drugs or property crime, the public security organ according to the investigation of a crime, in accordance with the provisions of the implementation can be controlled delivery.

152

In 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 take not to expose the identity, technology and other relevant personnel protection measures, when necessary, can by the judge in the court to verify evidence.

153

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

-- --96In criminal procedure law [article123Article]

154

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

-- --96In criminal procedure law [article124Article]

155

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

-- --96In criminal procedure law [article125Article]

156

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

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

(two) major crime cases;

(three) on major and complicated cases;

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

-- --96In criminal procedure law [article126Article]              (2012Refer to the new criminal procedure law for "article154")

157

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

-- --96In criminal procedure law [article127Article]              (2012Refer to the new criminal procedure law for "article156")

158

In the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 124th recalculation investigation detain deadline since the day of discovery.

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

-- --96In criminal procedure law [article128Article]

In the period of investigation, found the suspect another major crimes, since that date in accordance with the provisions of this LawArticle 154thShall be recalculated investigation detain deadline.

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, the evidence is, well, really can not be identified, also by the nameThe prosecution, trial.

159

In the case of investigation, lawyers request, the investigation organ shall listen to the opinions of counsel, and record. Defense lawyers put forward written opinions, shall be attached.

160

The public security organ 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.

-- --96In criminal procedure law [article129Article]

The public security organ 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 inform the criminal suspects and their counsel.

161

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

-- --96In criminal procedure law [article130Article]

162

Investigation of cases directly accepted by the people's Procuratorate to the provisions of this chapter shall apply.

-- --96In criminal procedure law [article131Article]

163

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

-- --96In criminal procedure law [article132Article]               (2012Refer to the new criminal procedure law for "article79,80")

164

The people's Procuratorate custody in a case directly accepted by the people, shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate.The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance.

-- --96In criminal procedure law [article133Article]

The people's Procuratorate custody in a case directly accepted by the people, shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate.

165

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

-- --96In criminal procedure law [article134Article]

The people's Procuratorate 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, a decision to arrest time can be extended by one to three days. The arrest is not necessary, he shall be released immediately; for further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

166

The people's Procuratorate has concluded its investigation of a case, it shall make prosecution, not to initiate a prosecution or to withdraw the case decision.

-- --96In criminal procedure law [article135Article]

167

Where the need for public prosecution, shall be decided by the people's Procuratorate for examination and.

-- --96In criminal procedure law [article136Article]

168

When the people's Procuratorate to examine the case, must find out:

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

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

(three) should not be investigated for criminal responsibility;

(four) there is no incidental civil action;

(five) the legality of the investigation activities.

-- --96In criminal procedure law [article137Article]

169

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

-- --96In criminal procedure law [article138Article]

170

The people's Procuratorate to examine the case, shall interrogate the criminal suspect, to listen to the victims and criminal suspects, the entrusted people's opinion.

-- --96In criminal procedure law [article139Article]

The people's Procuratorate to examine the case, shall interrogate the criminal suspect, to listen to the defender, the victim and the agents ad litem,And for the record.The defender, the victim and his litigation representative put forward written opinions, shall be attached.

171

The people's Procuratorate to examine the case, may request the public security organ to provide the evidence necessary for trial in court.

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

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

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

-- --96In criminal procedure law [article140Article]

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

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

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

ForTwo of the supplemental investigation cases, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions of prosecution, shall make a decision not to initiate a prosecution.

172

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.

-- --96In criminal procedure law [article141Article]

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 will the case file and evidence, to the people's court.

173

The suspect is one of the fifteenth article of the cases, the people's Procuratorate shall make a decision not to initiate a prosecution.

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

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

-- --96In criminal procedure law [article142Article]

The suspectNo criminal factsOne case, or the fifteenth article of this law, the people's Procuratorate shall make a decision not to initiate a prosecution.

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

The people's Procuratorate decides not to prosecute cases, should the investigationAttachment, seizure, freezingGoods liftAttachment, seizure, freezing. 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.

174

The decision not to initiate a prosecution, shall be announced publicly, and the decision not to prosecute book service is not to be prosecuted and his unit. If not being accused in custody shall be released immediately.

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

-- --96In criminal procedure law [article143Article]

175

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

-- --96In criminal procedure law [article144Article]

176

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

-- --96In criminal procedure law [article145Article]

177

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

-- --96In criminal procedure law [article146Article]              (2012Refer to the new criminal procedure law for "article173")

178

The first trial of the basic level people's courts, the intermediate people's court trial, the judge should be three or by judges and people's assessors totalling three people formed a collegiate bench, but the basic people's court cases in which summary procedure is applied may be tried by a single judge.

The higher people's Court of first instance, the case shall be made by the Supreme People's court, judge three people to seven people or of judges and people's assessors totalling three people to seven people formed a collegiate bench.

The jury in the people's court to perform their duties, shall enjoy equal rights with the judges.

The people's court appeals cases, composed of three to five judges formed a collegiate bench.

The number of members of a collegial panel shall be an odd number.

The collegial panel trial by the president or the chief judge appointed as a judge to long. When the president or the president in a trial, he served as chief judge.

-- --96In criminal procedure law [article147Article]

179

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

-- --96In criminal procedure law [article148Article]

180

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

-- --96In criminal procedure law [article149Article]

181

The people's court for prosecution review, for the indictment with clear criminal factsAnd with the evidence list, list of witnesses and evidence or copies of photosThe trial, it shall decide.

-- --96In criminal procedure law [article150Article]

The people's court for prosecution review, with clear criminal facts in the indictment, trial shall be decided.

182

The people's court has decided to open a court session, it shall proceed with the following work:

(a) determine the members of the collegial panel;

(two) the people's Procuratorate indictment copy in ten days before the opening on the defendant. If the defendant has not appointed a defender, inform the defendant may entrust a defender, or when necessary designate a lawyer who provides legal aid to defend;

(three) the time hearing, in three days before the opening of notice of the people's procuratorate;

(four) to summon the parties, notify the defender, agent ad litem, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of;

(five) the open trial case, the pre release, the name of the accused, time and location of the court session three days before opening of the court session.

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

-- --96In criminal procedure law [article151Article]

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

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

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

183

The people's Court of first instance shall be heard in public. But involving state secrets or personal privacy case, not a public hearing.

Above fourteen years of age under the age of sixteen cases involving crimes committed by minors, are not tried publicly. Above sixteen years of age under the age of eighteen cases involving crimes committed by minors, the general is not a public hearing.

For non public hearing of the case, shall not be heard in public reason announced in court.

-- --96In criminal procedure law [article152Article]

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

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

184

The people's court in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution,But according to the provisions of article 175th the application of summary procedure, the people's Procuratorate may send no procurators to the court.

-- --96In criminal procedure law [article153Article]

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.

185

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

-- --96In criminal procedure law [article154Article]

186

The prosecutor read the bill of prosecution in court, the defendant, the victim may make statements on the indictment accused of the crime, the public prosecutor may interrogate the defendant.

The victim, incidental civil lawsuit plaintiff and defender, agent ad litem, with the permission of the presiding judge, put questions to the accused. 
The judges may interrogate the defendant.

-- --96In criminal procedure law [article155Article]

187

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

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

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

188

The notice of the people's court without justified reasons, the witness did not testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children.

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

189

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

-- --96In criminal procedure law [article156Article]

190

The public prosecutor, the defender should show the material evidence to the court, for the parties to identify, testimony, identification of witnesses who are not present in courtExpert conclusionRecords of inspection, and such other evidence as the documents, shall be read out in court. The judicial officers shall listen to the opinions of the public prosecutor, the defender, agent ad litem and opinions.

-- --96In criminal procedure law [article157Article]          The new criminal law"Conclusion" to "expert opinion"

191

During the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence.

The people's court investigation to verify the evidence, conduct inquest, inspection, seizure, freezing, identification and query.

-- --96In criminal procedure law [article158Article]

192

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

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

-- --96In criminal procedure law [article159Article]

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

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

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

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

193

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.

-- --96In criminal procedure law [article160Article]

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

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

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

194

During the court trial, if the litigant participant or bystander violates the order of the court, the presiding judge shall warnings to stop. To listen to, be forced out of the courtroom; if the circumstances are serious, shall be detained for a fine of one thousand yuan or fifteen days following. Fines, detention must be approved by the president. Be refuses to accept punishment of fine, the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop.

On the court, or insult, libel, shock or threat, beating the judicial officers or participants in the proceedings, seriously disrupting the order of the court, which constitutes a crime, shall be investigated for criminal responsibility according to law.

-- --96In criminal procedure law [article161Article]

195

In the final statement of the defendant, the presiding judge shall announce an adjournment, the collegial panel for review, on the basis of the established facts, evidence and the relevant legal provisions, shall make the following judgments:

(a) the case facts are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, shall make a guilty verdict;

(two) according to the law, the defendant is innocent, shall make a judgment of acquittal;

(three) the lack of evidence, not the defendant is guilty, should make the lack of evidence, the crime accused cannot be established the not guilty verdict.

-- --96In criminal procedure law [article162Article]

196

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

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

-- --96In criminal procedure law [article163Article]

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

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

197

The judgment shall be signed by the members of the collegial panel and the court clerk, and specify the time limit for appeal and the court of appeals.

-- --96In criminal procedure law [article164Article]

The judgment shall be madeJudicial personnelAnd the clerk signature, and specify the time limit for appeal and the court of appeals.

198

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

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

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

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

-- --96In criminal procedure law [article165Article]

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

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

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

Three.The application for withdrawal and not on trial.

199

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

-- --96In criminal procedure law [article166Article]              (2012Refer to the new criminal procedure law for "article198")

200

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

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

(two) the defendant escape;

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

(four) due to irresistible.

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