This is the law of criminal procedure of unmodified and modified, place to compare memory. In fact, because when they take notes to find trouble...... O (□ my) o   The criminal procedure law of the people's Republic of China

Chinese government portal www.gov.cn in 2005 05 25 source: National People's Congress law library

Typeface.Big In the Small]

The first part of totalThen The first chapter, aim and basic principles Article 1 in order to guarantee the correct implementation of the criminal law, punishing crimes, protecting the people, safeguarding state and public security, maintaining the socialist social order, according to the constitution, this law is enacted. Article second of the criminal procedure law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively struggle against criminal acts, to uphold the socialist legal system, the protection of citizens' rights of the person, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction. Article third of criminal cases investigation, detention, arrest, pre-trial, public security organs shall be responsible for. Approval of arrest, prosecution, procuratorial organs investigation of cases directly accepted by the prosecution, the people's Procuratorate, responsible for. The trial by the people's court shall be responsible for the. Except as otherwise provided by law, any other organs, organizations and individuals have no right to exercise such powers. The people's court, the people's procuratorates and the public security organs in conducting criminal proceedings, the relevant regulations must be strictly abide by this Law and other laws. Article fourth the state security organs in accordance with the law, handle cases of crimes that endanger State security, and the public security organs exercise the same powers. Article fifth the people's court in accordance with the law to exercise judicial power independently in accordance with the law, the people's procuratorates exercise procuratorial power independently, not by administrative organs, social groups and individuals. Article sixth the people's courts, the people's procuratorates and the public security organs in conducting criminal proceedings, must rely on the masses, must take the facts as the basis, take the law as the criterion. For all citizens, all are equal before the law, in front of the law, no privileges allow. Article seventh the people's courts, the people's procuratorates and the public security organs shall, in conducting criminal proceedings, the division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law. Article eighth the people's Procuratorate to exercise legal supervision over criminal procedure. Article ninth citizens of all nationalities have the national language of litigation rights. The people's court, the people's procuratorates and the public security organs to not understand the local language lawsuit participates in a person, should provide for their translation. The minority or ethnic areas, should be tried in the language or languages, commonly used in the locality issue judgments, notices and other documents of the text. Article tenth the people's court cases, the two-tier trial system. Article eleventh the people's court cases, unless otherwise prescribed in this law, shall be heard in public. The accused has the right to defence, the people's courts shall have the duty to guarantee the defendant to defence. Article twelfth without the approval of the people's court to sentence, no person shall be found guilty. Article thirteenth in accordance with the people's court, people's assessors taking part in trials of this Law system. The fourteenth people's court, the people's procuratorates and the public security organs shall safeguard the litigant participant shall have the litigation rights. For minors under the age of eighteen criminal cases, in the time of interrogation and trial, can inform the criminal suspect, the legal representative of the defendant at. Participants in the proceedings for the judges, procurators and investigators violations of civil litigation rights and personal insult, has the right to sue. Article fifteenth in any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or declared innocent: (a) plot remarkable slight, little harm, not deemed a crime; (two) the limitation period for prosecution of the crime has been; (three) the amnesty exemption from punishment; (four) in accordance with the criminal law that crime, or withdraw to tell not tell; (five) the suspect, the defendant's death; (six) other laws provide an exemption from investigation of criminal responsibility. Article sixteenth for the foreigners who commit crimes shall be investigated for criminal responsibility, apply the provisions of this law. For foreigners who enjoy diplomatic privileges and immunities shall be investigated for criminal responsibility of the crime, be resolved through diplomatic channels. Seventeenth according to the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, the judicial organs of China and foreign judicial authorities may request each other to criminal judicial assistance. The second chapter jurisdiction Article eighteenth of criminal cases investigation conducted by the public security organs, except as otherwise stipulated by law. The crime of corruption and bribery, national staff malfeasance crime, the State functionary carry illegal detention, torture to extract confessions, revenge against unlawful search of, criminal violation of civil rights and infringement of citizens' democratic rights of crime, by the people's Procuratorate investigation. For the case of state functionary carry other grave crimes committed, need to be handled directly by the people's Procuratorate, the people's Procuratorate at the provincial level and above, by the people's Procuratorate investigation. Cases of private prosecution shall be handled directly by the people's court. Article nineteenth the basic people's court as the court of first instance criminal cases, but in accordance with this law, the superior people's court jurisdiction except. The twentieth intermediate people's court shall have jurisdiction over the following criminal cases of first instance: (a) counterrevolutionary cases, cases endangering State security; (two) the ordinary criminal cases punishable by life imprisonment, the death penalty; (three) criminal cases involving crimes committed by foreigners. The higher people's Court of jurisdiction article twenty-first of criminal cases of first instance, is the province (autonomous region, municipality directly under the central government) major criminal cases. The Supreme People's court shall be under the jurisdiction of twenty-second criminal cases of first instance, is a major criminal cases nationwide. Article twenty-third the people's court when necessary, can be under the jurisdiction of the lower level people's court trial of criminal cases of first instance; if a people's court case that the major, complicated by the need for a superior people's court trial of criminal cases of first instance, you can request a transfer on the trial level court. Article twenty-fourth of criminal cases shall be under the jurisdiction of the people's court to the crime. If the defendant resides to the people's court is more appropriate, can be under the jurisdiction of the people's court settlements by the defendant. Article twenty-fifth a few of the people's courts have jurisdiction over a case, the people's court that first accepted by. When necessary, can be transferred to the main criminal trial of the people's court. Twenty-sixth a superior people's court may designate an inferior people's court for jurisdiction of unknown cases, can also be specified if the people's court to transfer the case to another people's court for trial. Jurisdiction twenty-seventh special cases in the people's courts shall be stipulated separately. The third chapter avoidance Any of the following circumstances twenty-eighth judges, prosecutors, investigators, shall voluntarily withdraw, the parties and their legal representatives shall have the right to request him to withdraw: (a) is a party to the case or a near relative of the party; (two) interested himself or his close relatives and the case; (three) served as the case of the witnesses, authenticators, the defender, agent ad litem; (four) there are other relationship with a party to the case, which may affect the impartial handling of the case. Twenty-ninth judges, prosecutors, investigators shall not accept the parties and the entrusted people's dinners, may meet with the parties and the entrusted person in violation of regulations. The judges, prosecutors, investigators in violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law. The parties and their legal representatives shall have the right to request him to withdraw. Avoid the thirtieth judges, prosecutors, investigators, shall be respectively by the president of the court, prosecutor, the head of a public security organ; the withdrawal of the president, decided by the court's Judicial Committee; the prosecutor and the head of a public security organ avoidance, determined by the Procuratorial Committee of the people's procuratorate at the same level. Avoidance of investigators before making a decision, the investigators could not stop the investigation of a case. For withdrawal, the parties and their legal representative may apply for reconsideration once. Thirty-first the provisions of this Law twenty-eighth, article twenty-ninth, article thirtieth also apply to court clerks, interpreters and identification of human. The fourth chapter defence and representation Article thirty-second of criminal suspects and defendants, in addition to exercising the right to defend himself, also may entrust one or two persons as his defenders. The following persons may be appointed as the defender: (a) a lawyer; (two) recommend people groups or criminal suspects, defendants unit person; (three) the suspect, the defendant's guardian, relatives and friends. In accordance with the law are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders. Since the case is transferred for examination and prosecution of thirty-third cases of public prosecution, criminal suspects have the right to entrust defenders. The accused in a private prosecution shall have the right to entrust defenders at any time. The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders. The people's court after accepting a case of private prosecution, within three days, should inform the defendant has the right to entrust defenders. Article thirty-fourth prosecutor's case, the defendant due to financial difficulties or other reasons not entrust a defender, the people's court may designate a lawyer who provides legal aid to defend. If the defendant is blind, deaf, mute or a minor and did not entrust a defender, the people's court shall designate a lawyer who provides legal aid to defend. The defendant may be sentenced to death has not entrusted a defender, the people's court shall designate a lawyer who provides legal aid to defend. The thirty-fifth defendants responsibility according to the facts and the law, materials and opinions proving criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the legitimate rights and interests. Thirty-sixth defense lawyers of the people's Procuratorate date, consult, extract, copy the file documents, technical identification of material, can meet with the criminal suspect in custody and communication. Other defenders, with permission of the people's Procuratorate, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody. Defense attorneys from the day the court handles the case, consult, extract, copy the case of the facts of the crime accused materials with the defendant in custody, can meet and communication. Other defenders, with permission of the people's court, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the defendant in custody. Thirty-seventh defense lawyers with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them, can also apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses to testify in court. Defense lawyers with permission of the people's Procuratorate or the people's court, and the victim victims or their close relatives, provide witness agree, can collect information pertaining to the current case to them. Thirty-eighth defense lawyers and other defenders, may help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to change their testimony or conduct other acts to disturb the proceedings of the judicial organs. In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law. Thirty-ninth during the trial, the defendant may refuse to have his defender continue to defend him, may also entrust another defender defense. The fortieth victim in a case of public prosecution and their legal representatives or near relatives, the party in an incidental civil action and the legal agent, since the date of the case is transferred for examination before prosecution, have the right to entrust agents ad litem. Cases of private prosecution and their legal representatives, the party in an incidental civil action and the legal agent, has the right to entrust agents ad litem. The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, it shall inform the victim and his legal representatives or their close relatives, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem. The people's court after accepting a case of private prosecution, within three days, it shall inform the prosecutor and his legal representative, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem. Article forty-first agent ad litem by reference to the provisions of this law, article thirty-second. The fifth chapter evidence Article forty-second all facts that prove the true circumstances of the case, is evidence. There are the following seven kinds of evidence: (a) material evidence, documentary evidence; (two) the testimony of a witness; (three) statement of the victim; (four) the suspect, the defendant confession and exculpation; (five) the identification conclusion; (six) record of investigation, inspection; (seven) audio-visual materials. The above evidence must be verified before it can be taken as a basis. Forty-third judges, prosecutors and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, and can absorb them to assist in the investigation. Article forty-fourth approved by the public security organs, people's Procuratorate indictment of arrest, the people's court judgment, must be faithful to the facts. Intentionally conceals the facts, shall be investigated for responsibility. Article forty-fifth the people's courts, the people's procuratorates and the public security organs shall have the authority to the relevant units and individuals collected, obtaining of evidence. The relevant units and individuals shall provide truthful evidence. Evidence involving state secrets shall be kept confidential. Those who forge evidence, hiding evidence or destroy evidence, no matter where, must be investigated under the law. Forty-sixth of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is sufficient and reliable, can be found the defendant guilty and sentenced to a criminal punishment. Article forty-seventh the testimony of witnesses in court by the public prosecutor, the victim and the defendant, counsel questioned both sides, questioning, listening to the testimony of witnesses and have been verified after, can serve as the basis for deciding. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law. Forty-eighth those who know the circumstances of the case, have the obligation to testify. Defective or young physically, mentally, to distinguish right from wrong, cannot properly express themselves, not witness. The forty-ninth people's court, the people's procuratorates and the public security organs shall guarantee the safety of witnesses and their near relatives. The threat of witnesses and their close relatives, insult, assault or take revenge, which constitutes a crime, shall be investigated for criminal responsibility according to law; not serious enough for criminal punishment, the public security administration punishment law. The sixth chapter compulsory measures Article fiftieth the people's courts, the people's procuratorates and the public security organs shall, according to the circumstances of the case, the suspect, the defendant can summon, bail or residential surveillance. The fifty-first people's court, the people's procuratorates and the public security organ for any of the following circumstances of criminal suspects, defendants, can be released on bail pending trial or for residential surveillance: (a) may be sentenced to public surveillance, detention or independent additional penal apply; (two) may be sentenced penalty above, take bail, residential surveillance without danger to the society. Bail, residential surveillance shall be executed by the public security organs. Fifty-second of the criminal suspect in custody, the defendant and his agent ad litem, near relatives shall have the right to apply for bail. The fifty-third people's court, people's Procuratorate and the public security organs shall decide on the suspect, the defendant shall be ordered to bail, the suspect, the defendant to provide a guarantor or pay money. Article fifty-fourth the guarantor must meet the following conditions: (a) is not involved in this case; (two) the ability to perform warranty obligations; (three) political rights, not subjected to restriction of personal freedom; (four) have a fixed residence and income. Fifty-fifth the guarantor shall perform the following obligations: (a) supervision is the guarantee to comply with the provisions of article fifty-sixth of this law; (two) found that the guarantor may occur or has occurred in violation of this law the provisions of article fifty-sixth of the act, shall promptly report to the executing organ. Be surety for violation of the law the fifty-sixth regulation the behavior, guarantee not reported in a timely manner, to ensure the fine people, which constitutes a crime, shall be investigated for criminal responsibility according to law. Article fifty-sixth by the criminal suspect, defendant bail shall observe the following provisions: (a) without the approval of the organ executing shall not leave the living city, county; (two) in the time to; (three) not to interfere in any form of witness; (four) shall not destroy or falsify evidence, or collusion. By the criminal suspect, defendant bail violates the provisions of the preceding paragraph, have to pay a deposit, confiscate the deposit, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay the deposit, to provide a guarantor or residential surveillance, he shall be arrested. The suspect, the defendant in the release on bail is not in violation of the provisions of the preceding paragraph, when the end of the guarantor pending trial, the guaranty money shall be returned. Article fifty-seventh by the criminal suspect, defendant residential surveillance shall observe the following provisions: (a) without the approval of the organ executing shall not leave the place, no fixed residence, not to leave the designated residence without permission; (two) without approval may not be the executing organ to meet with others; (three) in the time to; (four) not to interfere in any form of witness; (five) shall not destroy or falsify evidence, or collusion. By the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious, he shall be arrested. The fifty-eighth people's court, the people's procuratorates and the public security organs of criminal suspects, defendants bail shall not exceed twelve months, residential surveillance shall not exceed six months. Bail pending trial, surveillance, investigation, the case shall not be suspended prosecution and trial. The discovery should not be investigated for criminal responsibility or bail, residential surveillance period expires, shall promptly release the bail, residential surveillance. Lift the release on bail, residential surveillance, it shall timely notify the guarantor pending trial, residential surveillance and the units concerned. Article fifty-ninth the arrest of the suspect, the defendant, must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ. Article sixtieth there is evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, thus necessitating arrest, shall be immediately arrested according to law. Should be arrested the suspect, the defendant, if suffering from the serious disease, or are pregnant, breast-feeding her own baby, can use the bail pending trial or residential surveillance. Article sixty-first the public security organ for the criminals or suspects, if any of the following circumstances, can advance detention: (a) is preparing to commit a crime, a crime or is discovered immediately after committing a crime; (two) the victim or the eyes see people identify his crime; (three) found evidence of a crime in the side or residence; (four) after the crime attempted to escape or Dutch act, the fugitive; (five) the destruction, falsifying evidence or collusion possible; (six) does not say real full name, address, identity is unknown; (seven) there are people who commit crimes, crime, gang crime has great suspicion of. Article sixty-second the public security organs to implement criminal detention, arrest in another area, it shall notify the public security organ in detention, arrest of the local public security organs, detention, arrest is located shall cooperate. Article sixty-third for any of the following cases, any citizen can immediately sent to the public security organs, people's Procuratorate or the people's court: (a) is committing a crime or is discovered immediately after committing a crime; (two) wanted for arrest; (three) to escape from prison; (four) are hunted. When a person detained sixty-fourth of a public security organ, must produce a warrant. Detention, in addition to hinder the investigation or not notice, shall give the reasons for detention and the place, in twenty-four hours, notify the detainee's family or the unit to which he belongs. Article sixty-fifth the public security organ for detainee shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate. The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance. Sixty-sixth where a public security organ to arrest a criminal suspect, it shall submit a written request for approval of arrest, together with the case file and evidence, to the people's Procuratorate, together with the examination and approval. When necessary, the people's Procuratorate may send people to participate in the public security organ's discussion of a major case. Sixty-seventh people's Procuratorate approved the arrest of the suspect by the decision of the chief prosecutor. Major cases shall be submitted to the Procuratorial Committee for discussion and decision. Article sixty-eighth the people's Procuratorate review for the public security organ for approval of arrest cases, shall according to the circumstances to approve or disapprove the arrest decision. If it decides to approve the arrest, the public security organ shall be executed immediately, and the implementation of timely notify the people's procuratorate. For non approval of arrest, the people's Procuratorate shall explain the reason, requires supplementary investigation, it shall notify the public security organ at the same time. Article sixty-ninth the public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days. For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days. The people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notify the people's procuratorate. If further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance. Article seventieth the public security organ decides to approve the arrest of a people's Procuratorate not, think is wrong, it may request a reconsideration, but must immediately release the detainee. If the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review. The higher people's Procuratorate shall immediately review, decide whether to change the decision, notify the lower level people's Procuratorate and the public security organ to implement. Seventy-first when a public security organ to arrest people, must produce an arrest warrant. After the arrest, in addition to hinder the investigation or not notice, should put the reasons and detain arrested the premises, within twenty-four hours to inform the family of the arrested person or the unit to which he belongs. The seventy-second people's court, the people's Procuratorate for their decision to arrest the person, the public security organ for approval of arrest people's Procuratorate of the people, must be in detention after twenty-four hours of interrogation. The discovery should not arrested, must immediately release, issued a release certificate. The seventy-third people's court, the people's procuratorates and the public security organs if found on the suspect, the defendant to take coercive measures improper, it shall timely cancel or change. The public security organs to release those arrested or change the measure of arrest, it shall notify the people's Procuratorate approved. Seventy-fourth cases of criminal suspects, the accused in custody, custody, not in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, require continued investigation, trial, the criminal suspect, the defendant can bail or residential surveillance. Article seventy-fifth of criminal suspects, defendants and their legal representative, close relative or criminal suspects and defendants, the lawyers and other defenders entrusted to the people's court, people's Procuratorate or public security organs to take compulsory measures exceeding the prescribed time limit, shall have the right to solve the compulsory measures. The people's court, people's Procuratorate or a public security organ for criminal suspects, defendants are compulsory measures exceeding the prescribed time limit, shall release the lifting bail, residential surveillance or alteration of the compulsory measures according to law. Article seventy-sixth the people's Procuratorate for examination and approval of the arrest of the work, if it is found that the investigation of the public security organ violations of the law, it shall notify the public security organ to make corrections, the public security organ shall notify the people's Procuratorate will correct. The seventh chapter of incidental civil action Article seventy-seventh the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action. If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action. The people's court when necessary, and may seal up or distrain the property of the defendant. Article Seventy-eighth incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action. The eighth chapter, during the service Seventy-ninth time periods shall be calculated by the time, day, month. During the beginning of the day and not be counted as within the time period. A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration, not expired. Article eightieth party due to irresistible causes or for other legitimate reasons and time limit, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period. Whether or not to approve the application mentioned in the preceding paragraph, the people's court shall rule. Eighty-first summons, notices and other court documents shall be delivered to the addressee himself; if I am not in, can give his adult family members or unit responsible for collection. The recipient or my behalf refuses to accept or reject the time signature, seal, service people can invite his neighbours or other witnesses to the scene, explain the situation, put the files in his residence, record the particulars of the refusal, the date of service in the service certificate, sent by the Master signature, that has been delivered. Other provisions of chapter ninth Article eighty-second the following terms used in this Law means: (a) "investigation" refers to the public security organs, people's procuratorates in the process of handling cases, in accordance with the laws of surveys and compulsory measures; (two) "parties" means the plaintiff victim, private prosecutor, criminal suspects, defendants, and defendants in incidental civil actions; (three) "legal representative" refers to an agent's parents, foster parents, guardians and bear the responsibility to protect organs, representative group; (four) "participants in the proceedings" means the parties, legal representatives, agents, counsel, witnesses, appraisers and translators; (five) "agent" refers to the victim in a case of public prosecution and their legal representatives or near relatives in a case of private prosecution, the prosecutor and his legal agent entrusted to participate in litigation of the people and the party in an incidental civil action and the legal agent entrusted to participate in litigation; (six) "close relatives" refers to the husband, wife, father, mother, son, daughter, brothers and sisters.

Second filing a case, investigation and prosecution

The first chapter case

Eighty-third where a public security organ or the people's procuratorate finds the facts of a crime or a criminal suspect, shall be in accordance with the scope of jurisdiction, investigation.

The eighty-fourth article of any units and individuals to find the facts of the crime or criminal suspects, has the right and obligation to the public security organs, people's Procuratorate or the people's court or report.

The victim to infringe upon their personal, property rights of the facts of the crime or criminal suspects, have the right to a public security organ, a people's Procuratorate or the people's court report or accusation.

The public security organs, people's Procuratorate or the people's court for the report, complaint, report, should be accepted. For does not fall under its jurisdiction, it shall transfer the case to the competent authority, and notify the complainant, accuser, informants; case does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures, and shall transfer the case to the competent authority.

The crime to the public security organs, people's Procuratorate or the people's court to surrender, provisions of the third paragraph shall apply.

The eighty-fifth report, complaint, report may be filed in writing or orally. Receiving an oral report, complaint report, staff, shall make a written record of being read, correct, sealed by the reporter, complainant, accuser signature or.

Receiving the complaint, the staff report, the legal responsibility to the complainant, accuser shall be the false accusation. However, as long as not fabricate facts, forges evidence, even if the accused, report the facts have access, or even mistaken complaint, also want to and false strict distinction.

The public security organs, people's Procuratorate or the people's court shall guarantee the informant, the complainant, accuser and near relatives. The informant, the complainant, accuser if unwilling to disclose his name and reporting, complaint, report acts, he shall be kept secret.

Article eighty-sixth the people's courts, the people's Procuratorate or the public security organ to report to the police report, complaint, and surrender the material, should be in accordance with the scope of jurisdiction, promptly examine, believes that there are facts of a crime and criminal responsibility, should be placed on file; that no criminal facts, or the criminal facts are obviously minor, need not when, shall be investigated for criminal responsibility shall not put on record, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration.

Article eighty-seventh the people's Procuratorate think of the public security organ shall be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice.

Article eighty-eighth for the case of private prosecution, the victim has the right to bring a suit directly to a people's court. The victim's death or incapacity, his legal representatives, near relatives shall have the right to bring a suit to the people's court. The people's court shall accept the case according to law.

The second chapter investigation

Section 1 General Provisions

Article eighty-ninth the public security organ to a criminal case which has been filed, must carry on the investigation, evidence collection, obtaining the guilt or innocence of the crime suspect, light or heavy crime. Active criminals or suspects can be detained first according to law, meet the conditions for arrest criminal suspects, should be arrested according to law.

Article ninetieth the public security organs after investigation, on the evidence of the facts of the crime cases, shall conduct pre-trial evidence collection, investigation, to verify the.

The second section the interrogation of criminal suspects

Article ninety-first the interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel. During an interrogation, the investigators shall not be less than two.

Article ninety-second does not need to be arrested, detained the suspect, the suspect may be summoned to a designated place city, county lies within or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents.

Summons, the longest duration of detention shall not exceed twelve hours. Not to continuous summons, subpoena criminal suspects into custody in disguised forms.

When the ninety-third investigators in the interrogation of a criminal suspect, shall first ask the criminal suspect whether a crime, let him state the circumstances of his guilt or innocence excuse, then put a question to him. The suspect of investigators question, shall truthfully answer. But irrelevant to the case, have the right to refuse to answer.

Article ninety-fourth deaf, dumb interrogation of criminal suspects, there should be a deaf mute, gesture people participate in, and this situation shall be noted in the record.

Ninety-fifth of the transcripts of interrogation shall be checked for criminal suspects, without reading ability, shall be read to him. If if there is any omission or error, the criminal suspect may make additions or corrections. The suspect acknowledges that the record is free from error, he shall sign or affix his seal. The investigators shall also sign the record. The suspect requests to write a personal statement, he shall be permitted to. When necessary, the investigators may also ask the criminal suspect to write a personal statement.

Article ninety-sixth of the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, can hire lawyers to provide legal advice, to its appeal, accuse agent. If the criminal suspect is arrested, the appointed lawyer may apply for bail. Cases involving state secrets, the criminal suspect to hire a lawyer, shall be subject to the approval of the investigation organ.

The appointed lawyer shall have the right to the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody, the suspect information related to the case. The lawyer meets with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present. Cases involving state secrets, the lawyer meets with the criminal suspect in custody, shall be subject to the approval of the investigation organ.

The third section of questioning the witness

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

Witnesses shall be questioned individually.

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

Ask the witness under the age of eighteen, his legal representative may be notified to.

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

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

The fourth section inspection, inspection

101st investigators shall conduct an inquest or examination for crime related sites, objects, people, the body. When necessary, may designate or hire people with expertise, conduct an inquest, inspection under the direction of the investigators.

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

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

Article 104th for the bodies of unknown cause, the public security organs have the right to decide the anatomy, and notify the family members of the deceased to.

105th in order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body.

If a criminal suspect refuses to be examined, the investigators deem it necessary, may be forced to check.

Check the women's body, should be conducted by female officers or doctors.

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

107th when a people's Procuratorate examining a case, the public security organs of the inspection, examination, considers it necessary to re inspection, review, may request the public security organ to retest, review, and may send procurators in.

108th in order to find out the truth, when necessary, subject to the approval of the Public Security Bureau, investigative experiments may be conducted.

Investigative experiment, banning all enough to cause danger, humiliating or be destructive to the morals behavior.

The fifth section

109th in order to collect the evidence of the crime, the crime, the criminal suspect and the investigators may might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places.

The 110th article of any units and individuals have the obligation, in accordance with the people's procuratorates and the public security organs requirements, surrender may prove the criminal suspect's guilt or innocence material evidence, documentary evidence, audiovisual materials.

Article 111st must search, the person to be searched a search warrant.

When an arrest, detention, in case of emergency, without using a search warrant to search.

112nd when a search, should be searched or his family members, his neighbours or other witnesses.

Body search of women, should be conducted by female officers.

The 113rd shall make a written record of a search, the person to be searched or his family members, his neighbours or other witnesses shall affix their signatures or seals. If the person to be searched or his family members have become fugitives or refuse to sign, seal, it shall be indicated in the notes.

The sixth day detention material evidence, documentary evidence

114th at the inquest, search that may be used to prove various articles and documents, the suspect's guilt or innocence shall be seized; irrelevant to a case may not be seized items, documents.

Seized articles and documents, shall be properly kept or sealed up, and shall not use or damage.

Article 115th for the seized articles and documents, should be with the eyewitnesses and the holder of the seized articles were clear, on the list of two copies, by investigators, witnesses and the holder of the signature or seal, a given to the holder, the other copy volume.

116th investigators think need to detain suspects mail, telegraph, approval of the public security organ or the people's Procuratorate, notify the post and telecommunications offices to mail, telegraph inspection to seizure.

Do not need to continue to detain, shall immediately notify the post and telecommunications offices.

Article 117th the people's Procuratorate, the public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions of the deposit, remittance.

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

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

The seventh section identification

119th in order to find out the case, when the need for some specific problems to solve in the case, shall appoint, hire an expert who was identified.

Article 120th after verification, shall write a conclusion of expert evaluation, and signature.

Medical identification of personal injury controversial needs to be identified or medical expertise on mental illness, designated by the people's government at the provincial level hospital. After verification, shall write a conclusion of expert evaluation, and signed by the appraiser, a hospital official seal.

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

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

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

The eighth section

Article 123rd of criminal suspect who should be arrested a fugitive, a public security organ may issue a warrant, take effective measures, hunt him down.

The public security organs at all levels within the area under its jurisdiction, arrest warrant can be issued; areas beyond their jurisdiction, shall be reported to higher authorities the right to decide the release.

Section ninth investigation

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

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

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

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

(two) major crime cases;

(three) on major and complicated cases;

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

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

Article 128th in the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 124th recalculation investigation detain deadline since the day of discovery.

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

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

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

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

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

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

Article 133rd the people's procuratorates custody in a case directly accepted by the people, shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate. The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance.

Article 134th the people's procuratorates 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.

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

The third chapter to prosecute

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

137th when a people's Procuratorate examining a case, must find out:

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

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

(three) should not be investigated for criminal responsibility;

(four) there is no incidental civil action;

(five) the legality of the investigation activities.

Article 138th the people's Procuratorate to the public security organs to the prosecution case, it shall make a decision within one month, major and complex cases, can be extended for half a month.

The people's Procuratorate for examination and prosecution, altered, review the calculation cases received date from the people's Procuratorate prosecution deadline after the change.

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

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

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

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

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

141st people's Procuratorate considers that the facts of the crime suspects have been ascertained, the evidence is reliable and sufficient, shall be investigated for criminal responsibility according to law, shall make a decision to prosecute, in accordance with the provisions for trial jurisdiction, to the people's court proceedings.

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

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

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

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

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

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

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

 

Third series of trials

The first chapter of trial organization

The first trial of 147th basic people's courts, the intermediate people's court trial, the judge should be three or by judges and people's assessors totalling three people formed a collegiate bench, but the basic people's court cases in which summary procedure is applied may be tried by a single judge.

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

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

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

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

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

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

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

The second chapter is the procedure of first instance

The first day of public prosecution cases

Article 150th the case by the people's court for prosecution review, for the indictment with clear criminal facts and with the list of evidence, witness list and photocopies or photographs of major evidence, it shall decide the trial.

Article 151st the people's court has decided to open a court session, it shall proceed with the following work:

(a) determine the members of the collegial panel;

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

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

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

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

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

152nd first instance in the people's courts shall be heard in public. But involving state secrets or personal privacy case, not a public hearing.

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

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

Article 153rd the people's court in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution, but in accordance with the provisions of law 175th of the application of summary procedure, the people's Procuratorate may send no procurators to the court.

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

Article 155th the prosecutor read the bill of prosecution in court, the defendant, the victim may make statements on the indictment accused of the crime, the public prosecutor may interrogate the defendant.

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

The judges may interrogate the defendant.

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

The judicial personnel may question the witnesses, authenticators.

Defense 157th prosecutors, who shall show the material evidence to the court for the parties to identify, for failing to appear in court, witness testimony, identification of the appraisal conclusion, records of inspection and the other as the evidence of the instrument, shall be read out in court. The judicial officers shall listen to the opinions of the public prosecutor, the defender, agent ad litem and opinions.

Process 158th court, the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence.

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

159th 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.

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

161st in the course of the trial, if the litigant participant or bystander violates the order of the court, the presiding judge shall warnings to stop. To listen to, be forced out of the courtroom; if the circumstances are serious, shall be detained for a fine of one thousand yuan or fifteen days following. Fines, detention must be approved by the president. Be refuses to accept punishment of fine, the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop.

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

Article 162nd in the final statement of the defendant, the presiding judge shall announce an adjournment, the collegial panel for review, on the basis of the established facts, evidence and the relevant legal provisions, shall make the following judgments:

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

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

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

163rd declaratory judgment, are open to.

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

Article 164th 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.

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

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

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

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

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

All 167th trial, shall be made by the clerk shall make a written record of the presiding judge, after review, signed by the judge and the court clerk.

The testimony of witnesses in the part of the court record shall be read out in court, or given to the witnesses to read. The witness in admit no error, shall be signed or sealed by the.

The court record shall be given to the parties to read or read to him. The parties believe that if there is any omission or error, may request for supplementation or correction. The parties acknowledge that no error, shall be signed or sealed by the.

Article 168th the people's court shall accept the case of public prosecution, within one month after the sentence, not later than one month and a half. The act of 126th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month.

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

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

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

Section second cases of private prosecution

170th cases of private prosecution include the following:

(a) to be handled the cases;

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

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

Article 171st the people's court to review the case of private prosecution after treatment respectively, according to the following circumstances:

(a) the criminal facts are clear, there is sufficient evidence of the case, it shall open a court session;

(two) the lack of evidence of a case of private prosecution, if the private prosecutor no supplementary evidence, should persuade him to withdraw his prosecution, or rule to reject the. The private prosecution by the two summoned according to law, refuses to appear in court, or midway without permission by the court may, by withdrawing treatment.

The process of trial, the judges have doubts about the evidence, need to investigate and verify the applicable provisions of this law, article 158th.

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

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

The third section summary procedure

Article 174th the people's court for the following cases, may apply summary procedure, tried by a single judge:

(a) according to the law may be sentenced to three years in prison, detention, control, single punishment in cases of public prosecution of gold, the facts are clear, the evidence, the people's Procuratorate suggestions or to apply summary procedure;

(two) to be handled the cases;

(three) the victim charges have evidence to prove that they are minor criminal cases.

175th summary procedure applies to the trial of cases of public prosecution, the people's Procuratorate may send no procurators to the court. The defendant may make a statement and defense indictment alleged crime. The people's Procuratorate sends procurators to the court, with permission of the judges, the defendant and his counsel may debate with the public prosecutor.

176th application of simple procedure in a case of private prosecution, read out the bill of prosecution, with permission of the judges, the defendant and his counsel may debate with the private prosecutor and his agents ad litem.

The trial of the case 177th applies the simple procedure, not subject to the first section of this chapter on the interrogation of a defendant, questioning the witnesses, authenticators, show under the court debate procedure evidence, limitation. However, before the judgment is pronounced, listen to the final statement of the defendant shall be.

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

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

Article 180th the defendant, private prosecutor and his legal representative, not a local people's Court of first instance judgment, ruling, have the right to appeal in writing or orally to the people's court at a higher level. The defense of the accused person and close relatives, with the consent of the defendant, can appeal.

The party in an incidental civil action and their legal representatives may be of a local people's court, the first instance judgment, ruling in the part of incidental civil lawsuit, filed an appeal.

The defendant shall not be deprived of the right of appeal, with any excuses.

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

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

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

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

The defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant files an appeal directly to the people's Court of second instance, the people's Court of second instance shall within three days of the petition of appeal to the people's court to the people's Procuratorate at the same level and to the other party.

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

If the people's Procuratorate considers the protest inappropriate, may apply to a people's court at the same level withdraw the protest, and notify the lower level people's procuratorate.

Article 186th the people's Court of second instance shall conduct a comprehensive review on the first trial of facts and the application of the law, not subject to appeal or protest range limits.

Joint crime is only part of the defendants appeal, shall examine the case, together.

Article 187th the people's Court of second instance cases on appeal, shall form a collegial panel, trial. A collegial panel after scoring, interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions, the facts are clear, can not hearing. Case protested by a people's Procuratorate, the people's Court of second instance shall open the court session.

The people's Court of second instance court hearing a case of appeal or protest, to the case or the place of the trial court.

Article 188th the people's Procuratorate public prosecution case protested by a people's Court of second instance court or the people's Procuratorate at the same level, shall send personnel to the court. The people's Court of second instance shall be ten days before opening of the court session, notify the people's Procuratorate to examine the case files.

Article 189th the people's Court of second instance cases protested by the judgment of the first instance, the appeal may, after hearing, shall handle it according to the following circumstances:

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

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

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

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

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

Article 191st the people's Court of second instance found one case the people's Court of first instance trial in any of the following violations of the litigation procedures prescribed by law, it shall rescind the original judgment, remanded by the people's court re trial:

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

(two) violating the withdrawal system;

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

(four) composed of judicial organization of illegal;

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

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

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

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

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

Article 196th the people's Court of second instance accepting a case of appeal or protest, it shall conclude the trial of the case within one month, not later than one month and a half. The act of 126th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month, but the Supreme People's court accepts a case of appeal or protest, decided by the Supreme People's court.

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

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

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

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

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

The fourth chapter is the review procedure of death penalty

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

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

The higher people's court sentenced to death penalty cases of first instance in the defendant does not appeal, and sentenced to death penalty cases of second instance, should be submitted to the approval of the Supreme People's court.

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

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

The fifth chapter is the procedure for trial supervision

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

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

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

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

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

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

Article 205th the people's courts at all levels of a legally effective judgment and ruling of the hospital, if found in the determination of facts or law is wrong, must be submitted to the judicial committee.

The Supreme People's court has a legally effective judgment of the people's courts at all levels and the ruling People's court at a higher level, a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right to examine or order an inferior people's court for retrial.

The Supreme People's Procuratorate of a legally effective judgment of the people's courts at all levels and the ruled, the higher people's Procuratorate a legally effective judgment of the lower court and ruled that, if mistakes are found, have the right to lodge a protest in accordance with the procedure for trial supervision to the people's court at the same level.

Case protested by a people's Procuratorate, accepted by a people's court shall form a collegial panel to hear the facts in the original judgment, unclear or the evidence is insufficient, can direct the people's court at the lower level for retrial.

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

Article 207th the people's court in accordance with the procedure for trial supervision to the trial of the case, should be made in question, the retrial decision date concluded within three months, need to extend the time limit, shall not exceed six months.

Accepted by a people's court in accordance with the procedure for trial supervision and judicial appeal cases, provisions on the trial period of the preceding paragraph shall apply to the people's court at a lower level; to command a retrial, shall receive a month to decide the day of protest, the lower level people's court trying a case in which the deadline stipulated in the preceding paragraph.

Fourth Executive

208th judgments and orders shall be executed after they become legally effective.

The following judgments and orders are legally effective judgments and orders:

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

(two) the final judgment or ruling;

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

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

Article 210th the Supreme People's court sentenced and approved the immediate execution of death sentence, shall be made by the president of the Supreme People's Court issued the command execution.

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

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

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

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

(three) if the criminal is pregnant.

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

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

Shooting or injection method of execution of the death penalty.

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

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

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

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

After the execution, delivery of the court enforcement shall notify the family members of the criminal.

Article 213rd criminal is handed over for execution of the sentence, the people's court shall be executed by the relevant legal documents to a prison or other executing organ.

Who is sentenced to death with two years reprieve, life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. For was sentenced to criminal punishment, was executed, the remaining term of his sentence in the following year, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ.

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

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

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

Article 214th for was sentenced to criminal detention or, in any of the following circumstances, can the temporary execution outside prison:

(a) have a serious need for medical treatment;

(two) pregnant or breast-feeding her baby.

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

If a criminal is truly serious diseases, must be released for medical treatment, the hospital issued documents designated by the people's government at the provincial level, and in accordance with the procedures prescribed by law.

Findings were released on medical parole criminals do not meet the medical parole conditions, or seriously violates the relevant medical parole provisions, shall timely put in prison.

For sentenced to prison, detention, the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community criminals, can the temporary execution outside prison.

For the temporary execution outside Prison Criminals, performed by the residence of the public security organ, the executing organ shall on its strict management and supervision, the original unit grass-roots organization or the criminals to assist in supervision.

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

Article 216th the temporary execution outside prison after the disappearance of the circumstances, the criminal sentence is not full, it shall timely put in prison.

Prisoners died in the temporary execution outside prison period, it shall timely notify the prison.

Article 217th for was sentenced to probation criminals, by the public security organ to the unit or the basic level organization review.

For a parolee, during the probation period, the public security organ shall supervise.

218th who is sentenced to control, deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the executing organ shall notify me, and to the masses concerned publicly announced deregulation or the restoration of political rights.

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

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

The 221st criminals in prison again commits a crime, or that the decision was not found guilty, the executing organ shall transfer to the people's Procuratorate handling.

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

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

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

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

AttachedThen

Article 225th the security departments of the army exercise the power of investigation on occurrence of criminal cases within the armed forces.

In jail for the criminal cases of crimes of investigation by the prison.

The security departments of the army, prison in handling criminal cases, the relevant provisions of this Law apply.