Data of the Criminal Procedure Law

First chapterAn overview of the criminal procedure and Criminal Procedure Law

Criminal lawsuit with civil litigation, administrative litigation is the main, the most obvious difference, real problem is that they need to be resolved and the basis of the substantive law of different.

The surface characteristics of criminal procedure as the standard to classify criminal litigation, criminal litigation history type of impeachment, inquisitorial and mixed type.

Criminal litigation form or mode of slavery society is the impeachment proceedings; form the feudal autocratic period was inquisitorial. In today's world of criminal form basically is mixed type.

The main characteristics of accusatory procedure is "don't tell", "don't tell people there is no judge". The judge in the negative arbiter status in litigation, the criminal prosecution or accusation function as trial functions are separate. Both parties status and rights in court is equal, can cross examine and debate.

The criminal procedure law is the law of criminal procedure of the national ruling class according to his own will establish the. Procedural law belong to the criminal procedure law, civil procedure law and administrative procedure law, the criminal and civil law belong to the substantive law. Criminal procedure law is the process of the criminal procedure law, is also a process of the application of criminal law.

The second chapterThe criminal procedure law, according to the objective and task

The criminal procedure law according to the means of criminal procedure law and the law, according to the legislation and law; according to the origin of the criminal procedure law is constitutional; task is decided by the property nature of the state and the criminal procedure law, and criminal procedure law task is obviously, embody the class nature and characteristics of the criminal procedure law. The total task of the criminal procedure law is the specific task goal, the specific task is the means or method to realize the general task.

The third chapterThe people's court in criminal proceedings, the people's procuratorates and public security organs

The people's court is hearing organs, or the people's Court on behalf of the state to exercise jurisdiction of the judicial organs. The people's court were produced by the people's congresses at various levels, responsible to the people's Congress, the people's Congress supervision. Between the inner court system, lower, in litigation activities, is also the supervision relationship, rather than between the administrative organs, lower the kind of relationship between the leading and the led.

The people's Procuratorate is the legal supervision organ, but also can be said to the people's Procuratorate is the national legal supervision function exercise procuratorial authority or judicial organs. In our country, the people's Procuratorate belong to the judicial organ.

The public security organ is the national investigation agency, responsible for the majority of criminal cases on file for investigation, criminal lawsuit activity, is responsible for the punishment of crime, is the essence of the executive prosecution or the complaint function.

The fourth chapterParticipants in the proceedings

Participants in the proceedings in criminal lawsuit activity, enjoy certain rights, judicial personnel and take some action outside the tasks of the people. The party is in the prosecution in the proceedings (the plaintiff) or the accused (defendant) position, perform complaint (SUE) or defence (Defense) function, action and participate in the facts of the case and the case with the processing result has a vital stake.

China's criminal lawsuit litigant does not include the public prosecutor. The prosecutor is personally directly file a lawsuit to the people's court, for the prosecution of criminal responsibility of the accused party. The legal agent refers to an agent's parents, foster parents, guardians and the principal responsibility for protecting organs, groups of representative. The witness is the direct conflict of interests other than providing case to feel to the judicial organ of the participants in the proceedings.

The defender's entrustment or designated to participate in the proceedings and for criminal suspects, defendants defended the participants in the proceedings. The defender can is a lawyer, the defendant's relatives, guardians, and can also be recommended to people's organizations or criminal suspects, defendants unit.

The fifth chapterThe basic principles of criminal proceedings

In 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 so-called division of labor, is the requirement of the public prosecutor, the three organs of the criminal procedure law according to the law of division of powers, not allowed to replace each other and beyond the authority, but does not allow any organs alone arranged.

 

The principle of presumption of innocence is prescribed in the law, is generally considered to be from the beginning of 1789 in France "Declaration of human rights".

"Criminal Procedure Law" the fifteenth stipulation: "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 acquittal: 1, if the circumstances are obviously minor, little harm, not deemed as a crime; 2, criminal prosecution deadline has passed 3, the amnesty; punishment; 4, in accordance with the criminal law that crime, tell or withdraw told no; 5, the criminal suspect, the defendant's death; 6, other laws provide an exemption from investigation of criminal responsibility;

No criminal liability, the law has six kinds: (1) the plot remarkable slight, little harm, not deemed a crime (2) crime prosecution deadline has passed. (3) the amnesty punishment by (4) in accordance with the criminal law that crime, or withdraw to tell not tell (5) the suspect, the defendant's death (6) other laws provide an exemption from investigation of criminal responsibility

According to the "Criminal Procedure Law" in article 152nd, only the following three kinds of cases: (1) is not a public hearing cases involving state secrets (2) related to the privacy of citizens in cases (such as rape cases) (3) cases involving crimes committed by minors

For instance, is only applicable to the trial court of audit system.

The sixth chapterHave jurisdiction over

 Jurisdiction over criminal action points filing jurisdiction and jurisdiction two categories. Under the jurisdiction, and the ordinary courts jurisdiction and the special court jurisdiction.

The people's court cases directly accepted by the people's court, be filed, without the need to go through the public security organ or the people's Procuratorate investigation, also do not need people's Procuratorate prosecution cases.

The people's procuratorates directly accept cases, mainly in the following four categories: (1) the crime of corruption and bribery crime of malfeasance (2) (3) the State functionary carry encroaches upon the citizen personal rights crime (4) by a functionary of the state organ to implement the infringement of citizens' democratic rights crime

Jurisdiction includes ordinary jurisdiction and exclusive jurisdiction. If a people's court case that the major, complex or may be sentenced to life imprisonment, the death penalty cases, as well as other request to a higher people's court trial of criminal cases of first instance, the case shall be 15 days before the expiration of a written request to the. The people's court at a higher level shall make a decision within 10 days after receiving the application for transfer.

The seventh chapterAvoidance

 Avoidance in criminal procedure is stipulated some interest or other special relationship with the case investigation, prosecution and adjudication personnel shall not participate in a litigation system for handling this case.

The eighth chapterDefence and representation

The ninth chapterEvidence

   Evidence has the following seven kind of (a) material evidence, documentary evidence; (two) the testimony of witnesses; (three) the statement of victims; (four) the suspect, the defendant confession and exculpation; (five) the appraisal conclusion; (six) the inquest, inspection record; (seven) audio-visual materials.

Evidence (narrow evidence) is the real situation to be able to prove the case of articles or substances. As the truth of the case and literature materials and other carriers to prove its records or express the ideological content. In some cases the testimony of witnesses is witness to the direct or indirect feel about the facts of the case to the investigators, prosecutors, judges and the statements. Record of investigation, inspection is fixed an inquest or examination, the content of the text form, is a kind of written materials, but not the documentary evidence.

 

   From the form of existence and expression of evidence point of view, the evidence into the statement and the physical evidence of two types of. "The law of criminal procedure" testimony of witness, the statement of the victim, criminal suspects, defendants statements and pleadings and the appraisal conclusion, all belong to the person's statement. "Evidence" of the provisions of the Criminal Procedure Law (special material evidence, documentary evidence, as well as) examination, inspection record and video and audio information, belong to the physical evidence.

 In a single lawsuit evidence in the case of the main facts reflect the degree as a standard, the evidence is divided into direct and indirect evidence.

 

   Direct evidence of the most remarkable characteristic is: the main facts of a single evidence can reflect the case.

Characteristics and application of indirect evidence: (1) any indirect evidence, can not be directly and independently of the main fact of case explanation, only to have it with the case of other evidence linking, through the comprehensive judgement, to explain the main facts of a case. This is the most remarkable characteristic of indirect evidence. (2) the indirect evidence in general than the direct evidence is obtained more easily (3) in some cases, the collected evidence may only indirect evidence

Composed of indirect evidence system and the use of the cognizance of case and conviction and sentencing, must abide by the following rules: 1, each indirect evidence must be objective, reliable, there exists false evidence does not allow the evidence system. There are some objective relationship must be between the 2, each indirect evidence Co. Must be coordinated between the 3, indirect evidence, there is a conflict is not the. After 4, the indirect evidence in some coordinated comprehensive analysis, the conclusion is only a.

Abstract in order to judge the reason and conscience as to judge the evidence standard, its philosophy is the foundation of subjective idealism, is anti science. To judge the evidence standard of review of criminal litigation in our country, in judicial work, the actual implementation is the "objective verification" standard.

Evidence collection task is to find, get and preservation in order to find out the various kinds of evidence and materials required by the facts of the case.

General principles of collecting evidence: 1, collecting evidence must be active, timely. 2, to collect evidence to have a purpose, planned. 3, collecting evidence to comprehensively and objectively. 4, collecting evidence to in-depth, detailed. 5, relying on the masses to use science and technology means of combining. 6, strict compliance with the statutory procedures, pay attention to keep the secret. 7, the evidence must be fixed, properly preserve.

The so-called threat, is to make the person questioned or questioned the personal interests of people of some harm by intimidation, forcing it to the investigators requirements statement.

The temptation is to meet, the person questioned or questioned some personal interests of people as bait, make its statement in accordance with the investigators wish.

Factors causing the misrepresentations of the following: (1) in order to frame others or in other reason, make crime does not exist in fact. (2) in human body by criminal acts of threat or attack, some illusion caused by a highly nervous state, resulting in false statements. (3) in the hatred of crime, severity in its statement may be exaggerating crime, rendering certain episodes, or keep from talking about some of the plot, one sidedness resulting statement. (4) some victims, especially rape victims of sexual crimes women, because of shyness or other reasons, may also provide untrue, which covers the real act of crime.

The audio-visual examination should pay attention to the following points: (1) the source of audio-visual material. (2) the audio-visual version. (3) the causes and conditions of formation of audio-visual data. (4) the authenticity of audiovisual materials. (5) other evidence and the case for control, comparison, if there is a contradiction, should further verification. (6) when necessary, should carry out identification of science and technology, has been verified whether the original, whether there are forged, altered or splicing etc..

The tenth chapterCoercive measures

 Criminal coercive measures on, is refers to the public security organ, the people's Procuratorate and the people's court in criminal proceedings, in order to ensure the investigation and trial run smoothly, according to the criminal suspect, the defendant's personal freedom forcibly deprived of or restricted to methods.

Similarities and differences of compulsory measures and the control punishment? Compulsory measures in the criminal proceeding with control, criminal detention, fixed-term imprisonment penalty method and etc., are mandatory national, the applicable object of liberty is restricted or deprived, are effective means to fight against crimes. These are the same, both at the same time, they also have differences in principle the following: (1) take mandatory measures and penalties applicable for different purposes (2) applicable object of compulsory measures and punishment and different conditions (3) have the right to compulsory measures and have the right to apply penalty shall not identical (4) to take mandatory measures and penalties applicable laws of different

Similarities and differences of coercive measures of compulsory measures in the criminal proceeding and in civil litigation. Both have in common: they are legal and compulsive methods can be used in the litigation process; to remove the obstacles, to smooth out the security action as the main purpose; and the form of the same coercive measures, such as detention, detention. At the same time, both have significant difference as the following: (1) for different objects (2) the application of different conditions (3) have the right to use organs is not exactly the same (4) kinds of compulsory measures is not exactly the same (5) different coercive measures shall comply with the procedures

Summons is a public security organ, people's Procuratorate and the people's court for not being detained criminal suspects, defendants, a method of forcing them to a designated place for questioning.

Bail is the public security organs, people's Procuratorate and the people's court shall order the suspect, the defendant to provide a guarantor or pay margin, to ensure that they can't escape investigation and trial in the release on bail, a mandatory method becking call and.

Detention is the public security organs and the people's Procuratorate and the people's court cases directly accepted in management, for the criminals or suspects, in an emergency the legal, temporary deprivation of their liberty, custody, and a method for review.

The difference between criminal detention and administrative detention: (1) different nature (2) for different purposes (3) different applicable objects (4) different legal basis (5) custody of different. The period of detention, according to the "criminal law" the sixty-ninth regulation, in addition to major suspects flee hither and thither, repeatedly commit crimes, gang crime, generally 10 days, special circumstances can be extended by 1 days to 4 days, is not more than 14 days. The latter period of detention, for more than 1 days, 15 days of the following. (6) the right to use the organs is not exactly the same

When a person detained by public security organs, must produce a warrant. Detention, in addition to impede the investigation or not notice, should give the reasons for detention and the place, in 24 hours to inform the detainee's family or the unit to which he belongs.

The eleventh chapter  Incidental civil action

Incidental civil litigation, the judicial organs shall be investigated for criminal responsibility is the defendant at the same time, with the issue of compensation of the victim has suffered economic losses as a result of the defendant's criminal act of war.

Plaintiff of the supplementary civil litigation rights are: (1) in the course of legal proceedings, may entrust an agent, agent action (2) in order to ensure the realization of the compensation, have the right to request the judicial organ to take security measures (3) have the right to apply for the judges, clerks, interpreters, Jian Dingren avoided, have the right to participate in the civil trial. The court investigation and debate (4) to the people's Court on the part of incidental civil lawsuit against the judgment, has the right to appeal in accordance with the law (5) before the conclusion of the case, on the part of incidental civil lawsuit and the defendant can settlement or withdrawal of the suit

Plaintiff of the supplementary civil action obligations: (1) reflect to the judicial organ for the circumstances of the case, and shall provide evidence, prove their claims (2) comply with the discipline to follow the judicial personnel command

In the case of joint crime, the victim's economic loss is caused by a combination of several defendants, as long as the victims to file an incidental civil action, can be several defendants in criminal cases as the incidental civil action of the defendant.

The twelfth chapter  And during the service

 

   During the criminal procedure, refer to the legal proceedings for judicial authority and litigation participants duration requirements, in other words, is the statutory time limit during the judiciary or the litigation participants completed some actions should abide by.

"Criminal Procedure Law" stipulates that the 145th victims if dissatisfied with the decision not to initiate a prosecution, can be received within 7 days after the decision not to initiate a prosecution, appeal to the people's Procuratorate at a higher level, is the victim shall abide by for this action period.

The period of custody is detained, arrested detained the supervision to the warden, deprivation of their liberty period.

The arrest of the longest period of custody was arrested on the defendant to the date of the judgment, ruling becomes legally effective date. Therefore, generally speaking, it includes the time limit, the time limit for examination and prosecution investigation detain deadline, supplementary investigation, trial duration, the appeal period and the second deadline. But, if the accused were sentenced to death, for approval, should also extend the detention period. The suspect does not say real name, address, the identity is unidentified, detention period from the date of identification.

 Investigation detain deadline for more than 3 months, the time limit for examination and prosecution shall not be more than 1 and a half months, supplementary investigation shall not exceed 1 months, and limited to 2, a second trial period, no later than 1 months.

 The service is the judicial organs in accordance with certain methods and procedures, litigation activities will be litigation documents to the recipient. It has the following characteristics: first, the judicial organs to perform their duties in the litigation activities, namely, the public prosecution, shall be served on the legislature will litigation documents sent to the recipient. Participants in the proceedings will be a document (as a) to the Judiciary Act, does not belong to the service. Second, service is the judicial organ to the case making litigation documents management, namely the litigation documents, including the summons, notice, the decision not to prosecute, indictments, judgments, rulings. Third, the principle should be served on litigation documents delivered to the addressee himself, they generally as individual citizens, but also is the state organs, enterprises and institutions and people's organizations.

"Criminal Procedure Law" provisions of article 151st, the people's court at least 3 days before the hearing, the parties shall be the summons, notice of court session, the people's Procuratorate counsel and other participants in the proceedings.

 

The thirteenth chapter  File

 File is refers to the public security organ, people's Procuratorate and the people's court and other organs, Sue, report, report to the crime suspect and the surrender of the materials for review, according to the facts and the law, litigation activities decide whether as a case for investigation or trial.

The criminal case material sources, refers to the judicial organs for criminal information sources, the sources and the evidence material sources include crime clues. The report, generally refers to the victim, the relevant units or individuals, the fact that a crime or a criminal suspect, the initiative to the judicial authorities reported behavior. According to the relevant provisions of the criminal law, where the concoctive fact false accusation others (including the prisoner), should be given criminal punishment. In the complaint or report, relator subjectively and not want to frame someone, but because of the sense organs of reason, influence or objective natural conditions, the perception of errors, thus to the judicial organ to provide do not meet or do not completely conform to the actual situation of the material, is often. It is wrong to.

Conditions of filing a case is filed the necessary elements, is to determine whether the right decision basis for filing.

File must have the following two conditions: (1) that the facts of the crime (2) need to be investigated for criminal responsibility

Filing procedures, is the general term for the order and manner, on the activities of the method. It includes to accept the filing materials, the filing materials and the review of the review process and to record the activities of supervision.

The people's court private prosecution case acceptance, upon examination that has registered the conditions, should be in receipt of complaint or tell second days, 15 days makes the decision of the investigation, prosecution and written notice. The people's court received the private prosecutor's complaint, after examination of the defendant's criminal facts plot remarkable slight harm is not great, not on file.

The fourteenth chapter   Investigation of crimes

The investigation is the public security organs (including the state security organs), special investigation carried out by the people's Procuratorate and the security departments of the army according to the law and to take mandatory measures of activity. The investigation jurisdiction, refers to the division of authority between the investigation of the case investigation organs, solve the case shall be responsible for investigating the problem which the investigation organ. Investigation is a kind of investigation, but it is different from administrative investigation, is different from a general survey of the litigation, but belongs to the criminal investigation of the special investigation work.

The main difference lies in the investigation and reconnaissance: investigation is the public security organ in the process of handling criminal cases, from registration to the investigative termination procedure activities on the basis of criminal action, is a term used in the law of criminal procedure. Reconnaissance is generally refers to the public security organ, the state security organs for discovery, disclosure, confirm and secrets of a special survey, is a necessary supplement to the investigation activities carried out in accordance with the criminal procedure law. Investigation and reconnaissance has close connections, and the difference between. The difference between them is not only to "check" and "observe" the meaning is different, but their meaning, the legal nature, the activities, results and the role is also different. They can not be confused, cannot replace each other, especially should pay attention to, must not be arbitrary in reconnaissance means to replace the method of investigation, in order to avoid confusion, even violating the statutory procedures.

Investigation of the significance, mainly has following several aspects: 1, the investigation is an independent stage of criminal procedure, is a necessary procedure in public prosecution case. 2, investigation is an important way to fight against crime and. 3, the investigation is the basis and premise of prosecution and trial. 4, the effective measures of crime prevention and comprehensive management of social security.

 During the interrogation of a criminal suspect, the investigators shall not be less than two.

The inquest, inspection, investigators on crime related sites, articles, body or personal visit to view, understand and test, one kind of lawsuit activity traces and items to find and fix the legacy of criminal activities, is an important way to obtain the first hand material evidence.

Examination of material evidence is evidence characteristics of investigative personnel to check the collected, in order to determine the relationship between the evidence and the facts of the case activities.

Investigative experiment is to determine the cases in which a particular action or event in some cases can occur, and according to the circumstances and conditions, for the re presentation of the investigation activities.

Search is the investigators in the investigation process, in order to collect the evidence of the crime, the crime of people, of the people, places, objects, search and examination.

 

Search examination is different, the difference is: (1) to (2) different applicable objects are not exactly the same (3) in different ways

In order to ensure the quality of investigation, investigation of cases end must have certain conditions. According to the judicial practice experience, these conditions should be: (1) the facts and circumstances of the case are clear, the suspect has been found; (2) demonstrated fully indeed, the facts of the case evidence; (3) a variety of legal formalities. At the same time with these three conditions, you can decide the case investigation.

The following cases in the "criminal law" provisions of the 124th term investigation cannot be concluded by the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, an extension of two months may be: (1) major and complicated cases in outlying areas where traffic is very inconvenient; (2) a major crime group (3 cases; grave and complex cases) large crime; (4) the crime involving a wide range of major and complicated cases, evidence of the difficulties.

The fifteenth chapter   Prosecution

The people's Procuratorate to the public security organ for examination and prosecution and Investigation Department of the hospital case is transferred for examination before prosecution, should be in receipt of submissions, specify the procuratorial personnel review the following procedural content: 1, whether the case under its jurisdiction; 2, the prosecution of submissions and the materials are available, the binding, the transfer is in accordance with the relevant requirements and provisions, litigation documents, technical appraisal materials are separately bound into books; 3, to use as evidence of the object is transferred along with the case, to the real and the list of items are matched; 4, the suspect is documented and coercive measures of the situation.

The people's Procuratorate after receiving the case transferred for examination before prosecution within 3 days, it shall inform the victim and the legal representative or his near relatives, have the right to entrust agents ad litem.

The prosecution, is refers to the people's Procuratorate to the public security organ to the prosecution case and the case his investigative termination, upon examination that the criminal facts have been ascertained, the evidence is reliable and sufficient, the criminal responsibility shall be investigated in accordance with law, make a decision to initiate a prosecution, the people's court according to law to public prosecution, litigation activities require a court trial.

The prosecution condition is: (1) the facts of the crime in terms of conditions. The suspect's criminal facts have been ascertained, there is ample evidence, which is the fundamental basis for the decision to prosecute. If the facts of the crime such as the time, place, reason, method, result, process and the main plot is not yet known, or the evidence is insufficient, unreliable, cannot decide to appeal. (2) the legal aspects of the conditions. The suspect's behavior has constituted a crime shall be investigated for criminal responsibility according to law, and. This is the legal standard of public prosecution. If the criminal suspect's act does not constitute a crime or which constitute crimes, but is not required by law to be investigated for criminal responsibility in accordance with the law or with no criminal responsibility shall be investigated situation, cannot be prosecuted.

Non prosecution, the people's procuratorates the public security organs investigation to prosecution or self has concluded its investigation of a case, the examination that the suspect has the statutory no criminal liability, or minor crimes in accordance with the law does not require punishment or exempted from punishment, as well as the lack of evidence does not meet the prosecution condition, make a a decision not to initiate a public prosecution to the people's court.

Not to prosecute the case: for supplementary investigation cases, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions of prosecution; crime plot slight, in accordance with the criminal law does not require punishment or be exempted from punishment. Person who is not to be prosecuted to the people's Procuratorate refuses to accept the decision not to prosecute, to make the decision not to initiate a prosecution petition to the people's procuratorate. The people's Procuratorate to the public security organs for examination before prosecution, think the plot remarkable slight harm is little, can not sue.

The sixteenth chapter  The trial overview

Sole judge system is defined by a judge to the sole judge system, the trial organization known as the sole judge bench. Scope of sole judge system is: (1) the court level, only the basic people's courts, intermediate or above (including intermediate people's court) cannot be applied to a single system; (2) on the category of cases, limited to cases in which summary procedure is applied. At the same time, single judge, can only be carried out by the judge, jury can not be the sole judge.

Collegiate system refers to the judicial personnel who formed a collegiate bench trial system. The collegial bench is the basic form of organization of the people's court cases

The first trial of the basic level people's courts, the intermediate people's court trial, the judge should be 3 or of judges and people's assessors totalling 3 people formed a collegiate bench.

 

The collegial panel shall be borne by the president or the president designate a judge to serve as the presiding judge; the president, in a collegial panel, shall serve as the presiding judge.

The seventeenth chapter  The procedure of first instance

The procedure of first instance is refers to the people's court for cases of first instance trial should be taken by the way, and should follow the order of.

The people's court shall determine whether the trial conditions are as follows: (1) whether there is a clear criminal facts in the indictment (2) are attached to a list of evidence (3) are attached to the evidence list (4) are attached to the main evidence or copies of photos.

The open trial case, should be released early case, the defendant's name, time and place of the trial. The notice should be at least 3 days before the announcement, and keep to the trial date.

The court investigation contents, generally include: 1, 2, read out the indictment of interrogating the defendant 3, to interrogate the witness 4, interrogation, material evidence identification 5 6, read as evidence of the document.

The people's procuratorate should the people's court to demand the obtaining of evidence materials within 3 days after the transfer receipt. If a judgment is pronounced in court, shall within 5 days of the judgment to the parties and the people's procuratorate.

Criminal rulings and judgments are two different decision, there is the distinction between them: (1) the applicable scope is different (2) different forms (3) using a different number of times (4) the appeal or protest, in different period.

Cases of private prosecution refers to the victim or his legal representative, to pursue criminal responsibility of the accused, filed a lawsuit to the people's court, handled directly by the people's court cases.

Characteristics of cases of private prosecution procedure: (1) the people's court private prosecution cases could mediate (2) can arrange a settlement with the defendant or withdraw his prosecution before a judgment is pronounced the prosecutor (3) the accused in a private prosecution or their legal representatives in the litigation process, may file a counterclaim to the private prosecutor (4) cases of private prosecution separability.

The eighteenth chapter  The procedure of second instance

The appeal, is the Party (the victim except) or their legal representatives with all levels of people's Court of first instance criminal judgment or ruling, request the people's court at a higher level people's Court of first instance to make action to re trial on the case.

The right of appeal, is the law entrusts with the parties and their legal representatives or criminal judgment of first instance, the appeal litigation rights according to law. The party in an incidental civil action and their legal representatives shall have the incidental civil action of the independent right of appeal. If part of the criminal judicial trial, the receipt of a trial within 5 days after the request of the procuratorate to protest.

(discuss) appeal not infliction principle, the people's Court of second instance is the only defendant party to appeal the case, judge principle shall not in any reason to increase the criminal punishment on the defendant. (P332-334)

The nineteenth chapter  The death penalty review and due to special circumstances, a mitigated punishment case approval procedures

The procedure for review of death sentence is a special trial procedure shall be submitted for examination and approval by the people's court sentenced to death penalty cases should follow. Sentenced to the immediate execution of death penalty cases by the Supreme People's court approval right.

The intermediate people's courts and the higher people's court shall submit the case for judicial review of death sentence, must do (1) (2) reported a case of a litigation document (3) to complete all the evidence.

The twentieth chapter  The procedure for trial supervision

The procedure for trial supervision, also known as the retrial procedure, is refers to the people's court, the people's Procuratorate of a legally effective judgment or ruling, in fact or law does have mistakes, presented and re trial, the case method and should follow the order etc..

Trial supervision procedure and the procedure for review of death sentences like, is a kind of special programs outside the ordinary procedure, but they are obviously different. 1, the nature of the case or the trial of the object and purpose of different starting 2, program according to the different 3, have the right to trial court

The people's court accepts the complaint, it shall make a decision within 3 months, no later than 6 months.

Also, is the superior people's court for the trial court for a retrial of a case that is not appropriate, to mention to his trial.

The procedure for trial supervision procedure of the second protest and protest, is the people's court procuratorate proposed protest, however, they are not the same. 1, the protest, protest 2 different permissions to different 3, accepted by a judicial organ 4, protest period different 5, protest action and consequences of different.

The twenty-first chapter  Execution

In criminal lawsuit, refers to the other organizations authorized by the judicial organ and the law, will be a legally effective judgment, ruling the penalty content into practice, and the specific problems and solve the fact that process activities. Execution is the last stage of criminal procedure.

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. Sentenced to criminal detention, executed by a public security organ. By the probation criminals in any of the following circumstances, it shall revoke probation: (1) during the probation period commits another crime (2) found that the judgment is pronounced, other crimes have not previously judgment (3) in violation of laws, administrative regulations or the public security department under the State Council on probation supervision and management regulations, if the circumstances are serious.

The higher people's court received the executing organ commutation proposal, shall review was made after commutation.

Parole is sentenced to fixed-term imprisonment or life imprisonment of criminals, after the actual implementation of certain sentence, shows true repentance, and will not cause further harm to society, the condition attached to early release.

Parole must have the conditions: 1, the objective aspect, must carry out the statutory sentence 2, the subjective aspect, must be true repentance, and will not cause further harm to society.

The twenty-second chapter For the special requirements of juvenile crime program