The Ministry of public security, public security organs "Regulations for procedures of criminal cases" (2012 article)

Article 1 In order to guarantee the "PRC Criminal Law" implementation, ensure public security organs in criminal proceedings the right to fulfill its mandate, standardized procedures, to ensure the quality of handling cases, improve work efficiency, the enactment of this provision.

Article second The public security organs in the criminal procedure, is to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively struggle against criminal acts, safeguard the socialist legal system, respect for and protection of human rights, the protection of personal rights of citizens, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.

Article third The basic functions of public security organs in the criminal lawsuit, is in accordance with the law on the criminal case, investigation, pre-trial; decision, coercive measures; to not be investigated for criminal responsibility according to law shall not be filed, has held the withdrawal of the case; the conclusion of investigation should be prosecuted, the transfer people's Procuratorate decided to not enough for criminal punishment; the criminal suspect need administrative processing, or transferred to the relevant departments shall be handled in accordance with the law; to be sentenced to criminal punishment, was executed, the remaining term of his sentence in the following three months, on behalf of execution; execution of criminal detention, deportation, deprivation of political rights.

Article fourth The public security organs in conducting criminal proceedings, must rely on the masses, take 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 fifth The public security organs in conducting criminal proceedings, the people's court, the people's Procuratorate with the division of responsibility, mutual cooperation, mutual constraints, to ensure the correct and effective enforcement of the law.

Article Sixth The public security organs in conducting criminal proceedings, to accept the legal supervision of people's procuratorate according to law.

Article seventh The public security organs in conducting criminal proceedings, shall establish, improve and strictly implement the responsibility system, law enforcement fault accountability system of internal supervision of law enforcement system.

In criminal proceedings, public security organ at a higher level to the public security organs found lower decision or the handling of cases is wrong, have the right to cancel or change, can also lower the public security organs to correct instruction.

The public security organ at a lower level to the higher public security organs must carry out the decision, if you think there is a mistake, can be in execution at the same time report to the public security organ at a higher level.

Article eighth The public security organs to handle criminal cases, should be the weight of evidence, investigation and study, not credulous. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods, no person shall be forced to prove himself to be guilty.

Article ninth The public security organs in the criminal lawsuit, should protect the suspect, defendant and other participants in the proceedings shall have the right to counsel and other litigation rights.

Article tenth The public security organs to handle criminal cases, it shall apply to the people's Procuratorate at the same level for approval of arrest, transferred for examination before prosecution.

Article eleventh The public security organs to handle criminal cases, does not know the local language lawsuit participates in a person, should provide for their translation.

The minority or ethnic areas, shall use the language commonly used in the locality of interrogation. Announced the litigation documents, should use the universal characters.

Article twelfth The public security organs to handle criminal cases, among various regions, departments should strengthen coordination and cooperation, coordination, jointly perform duties according to law.

The public security organs at higher levels shall strengthen supervision, coordination and guidance.

Article thirteenth According to the bilateral, multilateral cooperation agreement of the people's Republic of China in the international treaties concluded or acceded to sign and the Ministry of public security, or in accordance with the principle of reciprocity, can China's public security organs and foreign police judicial assistance in criminal and police cooperation.

The second chapter Have jurisdiction over

Article fourteenth According to the provisions of the criminal procedure law, a criminal case shall be under the jurisdiction of the public security organs, except criminal cases:

(a) 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 in criminal cases, the people's Procuratorate decided cases at or above the provincial level staff of state organs on file for investigation using the power of other grave crimes committed;

(two) cases of private prosecution, but to the people's court accepted directly the victim has evidence to prove that they are minor criminal cases, due to insufficient evidence to dismiss the lawsuit, the people's court transferred to public security organs or the victim to the public security organ charges, the public security organ shall accept it; the victim directly to the public security organ charges, the public security organ shall accept;

(three) soldier breach of duty crime and the army interior happening in criminal cases;

(four) a prisoner in the prison of criminal cases;

(five) in accordance with the law and shall be under the jurisdiction of other provisions by other organs of criminal cases.

Article fifteenth Criminal cases shall be under the jurisdiction of the public security organs to the crime. If the public security organ suspect residence jurisdiction is more appropriate, can be under the jurisdiction of the public security organ suspect residence.

The crime includes the crime occurred and the result of crime occurrence. Place of crime, including the crime of implementation and preparation, beginning, end, via related crime location; continuous or continuing crime, crime of continuous, continuous, continuous or continuing to implement the place all belong to the crime occurred. The crime results, including the object of crime, the proceeds of crime against actual achieved, hiding, transfer, use, sale.

The residence includes domicile, habitual residence. The habitual residence refers to the citizens to leave the residence last more than one year of continuous residence place.

The law, judicial interpretation or other normative documents on the jurisdiction of criminal cases to make special provisions, from its provisions.

Article sixteenth Based on or using computer network crime, for the implementation of crime site server location, network access and the founder of the website, or administrator is located, be against the computer information system and management of computer information system, crime, and crime in the use of the local public security organs can be under the jurisdiction.

Article seventeenth Occurred during the running of the transport of criminal cases, the initial stop by the transport under the jurisdiction of the public security organ; when necessary, transport origin, route, arrived at the public security organ may also be under the jurisdiction.

Article eighteenth Several public security organs have jurisdiction over criminal cases by public security organs, the jurisdiction of first accepted. When necessary, can be under the jurisdiction of the public security organ of the main crime.

Any of the following circumstances, the public security organs in the scope of duties and case investigation:

(a) a person commits several crimes;

(two) the common crime;

(three) the common crime suspect has also implemented other crimes;

(four) there are multiple suspects commit, and case processing will help to find the facts of the crime.

Article nineteenth Jurisdiction is unclear or controversial criminal cases by public security organs, can the negotiation. Consultation fails, by the common superior public security organs designated jurisdiction.

The special case of criminal cases, by the common superior public security organs designated jurisdiction.

Article twentieth Public security organ at a higher level shall designate the jurisdiction, the designated jurisdiction decision respectively to the designated jurisdiction of the public security organs and other relevant public security organs.

The admissibility of the original public security organ case, after receiving the written decision superior public security organs designated jurisdiction other public security organs, no longer exercise jurisdiction, and shall file materials to the designated jurisdiction.

To specify the cases under the jurisdiction of the arrest of a criminal suspect, need, by the public security organs designated under the jurisdiction of the people's Procuratorate at the same level examination for approval; need for prosecution, by the public security organs to the people's Procuratorate for examination and decision.

Article twenty-first The county public security organs responsible for the investigation in the area of criminal cases.

The districts of the city level above the public security organs shall be responsible for major crimes of endangering national security, terrorism, international crime, economic crime, organized crime cases.

The superior public security organ deems it necessary, can the public security organ at a lower level criminal cases under the jurisdiction of the public security organ at a higher level; significant need for investigation of criminal case to the public security organs at lower levels, may request the public security organs shall be under the jurisdiction of a class.

Article twenty-second Under the jurisdiction of the public security organ of criminal cases, determined in accordance with the criminal investigation organization and division of duties.

Article twenty-third The jurisdiction of the public security organs of railway system, factory, hospital authority, section, school, the team, and other units, area of criminal cases, occurrence area, inside the train station in criminal cases, railway theft or destruction of railway, communication, power lines and other important facilities of criminal cases, and internal staff in work on the railway line in the criminal cases.

The computer information system of railway system relates to the railway extended to local business network, the computer information system of criminal case shall be under the jurisdiction of the railway public security organs.

On reselling, forged, altered the train ticket case, governed by the first case of railway public security organ or the local public security organs. When necessary, can be transferred to the main criminal jurisdiction of railway public security organ or the local public security organs.

Railway construction site in criminal cases shall be under the jurisdiction of the local public security organs.

Article twenty-fourth The jurisdiction of the public security organ of the traffic transportation system, factory, hospital authority, section, school, the team, and other units, area of criminal cases occur, port, wharf in the work area, the ship in criminal cases, water transportation route theft or destruction of transportation, communication, power lines and other facilities in criminal cases, and internal staff working in the traffic line of criminal cases.

Article twenty-fifth Occurrence of civil jurisdiction of the public security organs of the civil aviation system, factory, hospital, office, school, section, team, project units, the airport in the work area, civil aircraft in criminal cases.

Criminal major accident occurred under the jurisdiction of the public security organ by the crime of the airport. The result of crime has no airport public security organs or not under the jurisdiction of the public security organ in the airport area, under the local public security organs, the public security organ shall assist the relevant airport.

Article twenty-sixth Forest public security organs under the jurisdiction of the destruction of forests and wild animals and plants resources investigation in criminal cases, large areas of forest public security organs is also responsible for the jurisdiction of other criminal cases. Failing to establish a special forest public security organ, shall be under the jurisdiction of the local public security organs.

Article twenty-seventh Customs Smuggling Cases Investigation Agency jurisdiction has the customs territory of the people's Republic of China in the cases of the crime of smuggling and tax incidence in customs supervision zones of non tax related criminal case of smuggling.

Article twenty-eighth Investigation by the public security organ of the people's Procuratorate criminal cases involving cases under the jurisdiction of the people's Procuratorate, shall belong to the jurisdiction of the criminal case to the people's procuratorate. Alleged main crime belongs to the jurisdiction of the public security organ, by the public security organs based investigation; the main crime belongs to the people's Procuratorate on suspicion of jurisdiction, the public security organ to cooperate.

The public security organs investigation of criminal cases involving the jurisdiction of other criminal cases, according to the provisions of the preceding paragraph.

Article twenty-ninth Jurisdiction division of public security organs and the military inter related criminal cases in accordance with the relevant provisions.

Jurisdiction division of public security organs and the armed police force interaction in criminal cases shall be handled in accordance with the principles of the jurisdiction of public security organs and the military division of inter related criminal cases. Included in the armed police forces series, fire, border security guard department personnel crimes, shall be under the jurisdiction of the public security organ.

The third chapter Back to theTo avoid

Article thirtieth Any of the following circumstances, the public security organs responsible for the investigation personnel, shall apply for withdrawal, not to apply for withdrawal, it shall be ordered to 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.

Article thirty-first The head of a public security organ, the investigators shall have the following acts:

(a) in violation of the provisions of the parties and their principals meeting;

(two) for receiving a party to the case, and the client's property or other interests;

(three) accept dinner parties to the case and their clients, or participated in by the payment activities;

(four) there are other improper behavior, may affect the impartial handling of the case.

In violation of the provisions of the preceding paragraph, shall be ordered to withdraw and investigate for legal responsibility according to law. The parties and their legal representatives shall have the right to request him to withdraw.

Article thirty-second The head of a public security organ, the investigators to apply for withdrawal, should explain the cause of avoidance; an oral application, the public security organ shall record.

The parties and their legal representatives shall request the public security organs responsible person, the investigators shall apply, avoidance, and explain the reasons; an oral application, the public security organ shall record.

Article thirty-third Avoidance of investigators, by the public security organ at or above the county level for decision; public security organs at or above the county level is responsible for avoidance, determined by the Procuratorial Committee of the people's Procuratorate at the same level.

Article thirty-fourth The parties and their legal representatives for investigators to apply for withdrawal, the public security organ shall upon receipt of application for withdrawal within two days after the decision and notify the applicant; complex situation, the public security organ at or above the county level shall be responsible for the approval of people, can be received in the application for withdrawal within five days after the decision is made.

Article thirty-fifth The parties and their legal agent may for withdrawal decision, can be received in the public security organs to reject the application for withdrawal decision made within five days after the decision to apply for reconsideration.

The public security organ shall, upon receipt of the application for reconsideration, make a reconsideration decision within five days after a written notice to the applicant.

Article thirty-sixth To make such a decision, the public security organ for the application for withdrawal or person in charge, investigators shall not suspend investigation of a case.

Make such a decision, the public security organ for the application for withdrawal or the person in charge of the investigation, personnel shall not be allowed to participate in the investigation of the case work.

Article thirty-seventh The public security organs were determined by avoidance of the responsible person, the investigators in the litigation avoidance before the decision of whether effective, decided by the authorities that made the decision according to the circumstances of the case.

Article thirty-eighth This chapter is about avoiding the provisions applicable to record people, translators and experts.

Record, translators and experts need to avoid, by the public security organs at and above the county level shall decide.

Article thirty-ninth The defender, agent ad litem may require avoidance, apply for reconsideration in accordance with the provisions of this chapter.

The fourth chapter The participation of lawyers in criminal proceedings

Article fortieth The public security organs shall safeguard the defense lawyers in the investigation stage to engage in the following activities of practice:

(a) to the public security organs to know the condition of the crime suspected of and cases, suggestions;

(two) and meet and correspond with the criminal suspect, the suspect information on the circumstances of the case;

(three) to provide legal help, represent appeal, accused of criminal suspects;

(four) for the suspect to apply for alteration of the compulsory measures.

Article forty-first When a public security organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, it shall inform the suspect has the right to appoint a lawyer, and inform the if due to financial difficulties or other reasons not entrust a lawyer may apply for legal aid, legal aid agencies to. Informed of the situation should be documented.

For the case of criminal suspects by the same defense lawyers, or two or more but not co processing of crime suspects are related by the same defense lawyers, the public security organ shall require the replacement of lawyer.

Article forty-second The suspect can entrust lawyers. The criminal suspect in custody, also by the guardian, close relatives to entrust the lawyer.

The suspect by the request of the defence lawyers may submit a written proposal, can also be presented orally. Oral presentation, the public security organ shall make a written record, the suspect signatures, fingerprints.

Article forty-third The criminal suspect in custody to guard the commissioned lawyer requested, a detention house shall timely the request to the Department in charge of the case, the case handling department shall be entrusted to the criminal suspect's lawyer or law firm to convey the request.

The criminal suspect in custody only proposed to entrust the lawyer's request, but no specific mention of the object, the case handling department shall timely notify the suspect's guardian, close relatives to entrust the lawyer. The suspect without guardians or relatives, the case handling department shall timely notify the local lawyers association or the judicial administrative organ for its recommended lawyer.

Article forty-fourth One of the following circumstances, the criminal suspect does not entrust a defender, the public security organ shall promptly inform the legal aid institutions appointed defense attorneys for criminal suspects:

(a) the suspect is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct;

(two) the criminal suspect may be sentenced to life imprisonment, the death penalty.

Article forty-fifth The public security organs to receive legal aid the criminal suspect in custody after application, shall, within twenty-four hours to apply for legal aid agencies to local, and notify the applicant of the guardian, close relatives or its entrusted others to help provide the relevant certificates, proof and other relevant materials. The suspect's guardian, close relatives or its entrusted others address unknown can not notice, shall inform the legal aid institutions in the transfer application.

The suspect refused to appoint legal aid lawyer or entrust a defender, the public security organ shall within three days inform the legal aid institutions.

Article forty-sixth Assigned counsel by criminal suspect commissioned or legal aid institutions, it shall timely inform the public security organs and produce a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official letter.

Article forty-seventh Counsel to the public security organ about the circumstances of the case, the public security organ shall be the main facts of the crime suspected of and then ascertained the crime suspect, is taken, change, cancellation of the compulsory measures, to extend the detention period for investigation of cases the relevant situation, inform the authorized or appointed defense lawyers, and record documented.

Article forty-eighth The defense lawyer may in custody or criminal suspects, communication meeting.

Article forty-ninth The crime of endangering national security, terrorism crime cases, the departments shall send the criminal suspect in custody during the written notice of detention; the criminal suspect under residential surveillance, should be in the implementation of written notice sent to the execution organ.

Defense counsel in the investigation period asked to meet the provisions of the preceding paragraph the custody cases or criminal suspects, shall apply.

The defence lawyers to meet the application, shall within forty-eight hours after receiving the application, report to the public security organ at or above the county level shall be responsible for the approval of people, make a decision of approval or denial. In addition to impede the investigation or may disclose state secrets of the circumstances, shall make a licensing decision.

The public security organs do not permit meeting, shall notify in writing the defense lawyer, and explain the reasons. Impede the investigation or may disclose state secrets cases disappeared after the public security organ shall permit meet.

Any of the following circumstances, belonging to the provisions of this article would hinder the investigation "":

(a) may destroy or forge evidence, witnesses or collusion of interference;

(two) may cause the suspect himself, Dutch act or escape;

(three) may cause the accomplice, obstruct the investigation of escape;

(four) have been implicated in the crime suspect's family and.

Article fiftieth Defense lawyer asked to meet with the criminal suspect in custody, detention house shall examine the lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official, arranged to have the lawyers will meet the suspects in forty-eight hours, and to inform the relevant departments.

During the investigation, lawyers met with the crime of endangering national security cases, terrorist activities crime, crime of particularly great bribery in custody cases or criminal suspects, the executing organ or residential surveillance shall also be checked the investigation organ approval documents.

Article fifty-first Defense lawyers met in custody or criminal suspects need to hire an interpreter, shall be approved by the public security organs for examination. To comply with the relevant provisions, shall permit; for is not in conformity with the provisions, inform the replacement.

Translators in the meeting, the executing organ shall examine the residential surveillance or the public security organ of the approval documents.

Article fifty-second Defense lawyers met in custody or criminal suspects, detention or residential surveillance the executing organ shall take necessary measures, security meeting smoothly, and inform the relevant provisions of its compliance with. Defense lawyers to meet with the criminal suspect, not listening to public security organs, shall send staff to the scene.

Defense lawyers met in custody or criminal suspects, in violation of the law or regulations of a meeting, the executing organ shall stop or residential surveillance. For serious violations of regulations or do not listen to discourage, can decide to stop the meeting, and timely informed of their law firms or the lawyers' association.

Article fifty-third Counsel or any other person in the criminal lawsuit, in violation of the provisions of laws, the implementation of interference Proceedings Act, shall be investigated for legal responsibility according to law.

The defender jamming litigation activities, suspected of a crime, which belongs to the jurisdiction of the public security organ shall handle the case, undertaken by the public security organs shall be submitted to the counsel of the public security organ level specified other public security organs placed on file for investigation, or by a higher public security organ for investigation. The public security organ at a lower level shall be specified by the case to the public security organs of the investigation. The defender is a lawyer, filed investigation by the public security organ shall promptly notify the law firm or the lawyers' association.

Article fifty-fourth And information about the lawyer client known in practice, have the right to keep confidential. However, defense lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely inform the.

Article fifty-fifth Before the end of case investigation, lawyers request, the public security organ shall listen to the opinion of counsel, check according to the situation, and for the record. Defense lawyers put forward written opinions, shall be attached.

The defense lawyer to collect criminal suspects are not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, the public security organ shall verify and record the relevant information, the relevant evidence shall be attached.

The fifth chapter CardAccording to

Article fifty-sixth Can be used to prove the material facts of the case, is evidence.

Evidence includes:

(a) evidence;

(two) documentary evidence;

(three) the testimony of a witness;

(four) statement of the victim;

(five) the suspect's confession and exculpation;

(six) the expert opinion;

(seven) the inquest, inspection, investigation, search, seizure, seizure, extraction, identification and record;

(eight) the audio-visual, electronic data.

Evidence must be verified before it can be used as the facts of the case, according to the.

Article fifty-seventh The public security organs must be in accordance with legal procedures, collection to prove the guilt or innocence of the criminal suspect, the seriousness of the crime evidence. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, can be brought in to help the investigation.

Article fifty-eighth The public security organs to the relevant units and individuals to collect, obtain evidence, should be told to provide truthful evidence.

Involving state secrets, commercial secrets, personal privacy shall be kept confidential evidence.

To falsify evidence, hiding evidence or destroy evidence, shall be investigated for legal responsibility.

Article fifty-ninth The public security organs to units and individuals to obtain relevant evidence, the case handling department shall be responsible for the approval, issued a notice of investigation of evidence. By obtaining unit, individual shall seal or signature in the notice, refused to seal or signature, the public security organ shall indicate. When necessary, should adopt the fixed content of evidence and forensics process audio and video, etc..

Article sixtieth The public security organ to accept or legally obtained administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case process, audio-visual materials, electronic data, inspection reports, expert opinion, records of inspection, inspection record as evidence, can be used as evidence.

Article sixty-first Collection of evidence, should be the original. Only in the original inconvenient for transportation, is not easy to preserve or by the relevant departments according to law shall be kept, or should be returned in accordance with the law, can shoot or making enough to reflect the original shape or the content of the photos, videos or copy.

Evidence photos, videos or copy and the original check error free or identified proved to be true, or in some other way can prove their true, can be used as evidence. The original photos, videos or copy, can not reflect the form and characteristics of the original, can not be used as evidence.

Article sixty-second Collection, documentary evidence shall be the original. Only when the original is difficult when, can use the copies or reproductions.

A copy of the documentary evidence, copy, without error and the original verification or identified proved to be true, or in some other way can prove their true, can be used as evidence. Documentary evidence to change or change the signs can not make a reasonable explanation, or a copy of the documentary evidence, cannot reflect the originals and copies of the content, can not be used as evidence.

Article sixty-third Evidence photos, videos or copy, copy, copy of documentary evidence, audiovisual materials, electronic data copies, shall be attached to the production process and the original, the original place of text, and the producer and the holder of the articles or goods holding unit related personnel signature.

Article sixty-fourth The public security organ for approval of arrest, prosecution submissions must be faithful to the facts. Intentionally conceals the facts, shall be investigated for responsibility according to law.

Article sixty-fifth To ascertain the facts of the case include:

(a) the existence of criminal behavior;

(two) the implementation of crime time, place, and other circumstances, the consequences;

(three) whether the crime suspect implementation;

(four) the identity of the suspect;

(five) the suspect crime motive, purpose;

(six) the relationship of criminal suspects and other people 'responsibility;

(seven) the suspect has not be heavier, lighter, mitigated punishment or be exempted from punishment plot;

(eight) other facts relevant to the case.

Article sixty-sixth The public security organ shall transfer the case to the prosecution, shall be the criminal facts are clear, indeed, sufficient evidence.

The evidence is reliable and sufficient, the applicant shall meet the following conditions:

(a) that the facts of the case are evidence;

(two) the facts of the case evidence were verified by the statutory procedures;

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

Examining the evidence, we should combine the concrete conditions of the case, to check and judge the degree of connection between the evidence and the facts to be proved, the evidence of the link.

Only the suspect's confession, but no other evidence, not the facts of the case; no criminal suspect, the evidence is reliable and sufficient, can the facts of the case.

Article sixty-seventh Using torture to extract confessions and other illegal methods to collect the crime suspect and the violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded.

The collection of physical evidence, documentary evidence in violation of legal procedures, may seriously affect judicial justice, shall be corrected or make reasonable explanations; no correction or to make a reasonable explanation, the evidence should be excluded.

There should be excluded from evidence in the investigation stage, the public security organ at or above the county level shall be responsible for the approval of people, should be excluded in accordance with the law, not as a request for approval of arrest, transferred for examination and prosecution on the basis of.

The people's Procuratorate think there may be a case for illegal methods to collect evidence, the public security organs are described, the public security organ shall timely investigate, and make a written explanation to the people's procuratorate.

Article sixty-eighth The people's court that the existing evidence can not prove the legitimacy of evidence collection, notify the relevant investigation or other personnel to appear in court to explain the situation, the investigation personnel or other personnel shall appear in court. When necessary, the relevant investigation or other personnel can also be asked to appear in court to explain the situation.

The people's court shall notify the people's police crime, the duty to witness to testify in court.

Article sixty-ninth Those who know the circumstances of the case, have the obligation to testify.
Physiological, mental defects or young, can not distinguish between right and wrong, cannot properly express themselves, not witness.
The witness can distinguish between right and wrong, the correct expression, when necessary, review or identification.

Article seventieth The public security organs shall safeguard 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.

Article seventy-first The crime of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in the course of the investigation, he himself or his close relatives of personal safety risk, the public security organ shall take the following one or multiple protective measures:

(a) individual information is not publicly real full name, address and work units;

(two) prohibited personnel contact, specific identification of witnesses, victims and their close relatives;

(three) to take special protective measures for personal and residential;

(four) other necessary protective measures.

The witnesses and expert witnesses, victims think due to testify in the course of the investigation, he himself or his close relatives of personal safety risk, to the public security organs shall be protected by the request, the public security organ in accordance with the provisions of the preceding paragraph review that conditions, it is necessary to take protective measures, shall take the one or more protective measures.

The public security organ shall take protective measures, it may request that the relevant units and individuals with.

The case is transferred for examination before prosecution, relevant information shall take protective measures shall be handed over to the people's procuratorate.

Article seventy-second The public security organ shall decide not to open the witnesses and expert witnesses, the victim's real name, address and work units and other personal information, can be in the prosecution of submissions, record of inquiry and other legal instruments, the evidential materials using a pseudonym to replace the witnesses and expert witnesses, victims' personal information. However, that shall be written under the pseudonym of the situation and marked confidential, separate volumes.

Article seventy-third Necessary for witness protection staff, funds, equipment, shall guarantee.

Witnesses had testified to fulfill the obligation and expenditure of transportation, accommodation, meals and other expenses, shall grant. The witnesses subsidies included in the public security organ business funds.

The sixth chapter Coercive measures

The first section ArrestPass

Article seventy-fourth The public security organ according to the circumstances of the case on the need to arrest suspects, or by summons without proper reasons to suspect, can summon to the designated place of their city, county of interrogation.

To summon, shall fill in to summon the report, together with relevant documents, report to the public security organ at or above the county level for approval.

Article seventy-fifth The public security organs shall produce their warrant card subpoena criminal suspects, and ordered its signature, the certificate fingerprint comparison.

The criminal suspect in custody, shall be ordered to fill in the compulsory summon card to summon time; after the end, should fill in the warrant warrant card end time. The criminal suspect refuses to fill in, the investigators shall be noted in the compulsory summon card.

Article seventy-sixth The duration of detention shall not exceed twelve hours; the case particularly heavy, complicated, need to take the measure of arrest, detention, public security organs at or above the county level is responsible for the approval of arrest, the duration of no more than twenty-four hours. Not to continuous arrest criminal suspects into custody in disguised forms.

Summon the expiration of the period, not to take other coercive measures decision, should be an immediate end to summon.

The second section Bail

Article seventy-seventh The public security organ for any of the following circumstances suspects, can bail:

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

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

(three) suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;

(four) after the expiration of the term of detention, the case has not yet completed, further investigation is necessary.

The detention of criminal suspects, evidence does not meet the conditions of arrest, and draw after the arrest, the people's Procuratorate does not approve the arrest, further investigation is necessary, and in line with the bail conditions, according to the law of bail.

Article Seventy-eighth On recidivism, the principal criminal group, evade detection by self injury, self mutilation of criminal suspects, the serious violent crimes and other serious criminal suspect shall not be released on bail pending trial, but the suspect with the provisions of the first paragraph of article seventy-seventh except third, fourth prescribed circumstances.

Article seventy-ninth The need for criminal suspects on bail, should be made to the guarantor pending trial report, the bail reason, to ensure the manner and shall comply with the provisions of the public security organ at or above the county level, is responsible for the approval of the person, making the bail decision. The bail decision shall be read to the criminal suspect, the suspect signatures, fingerprints.

Article eightieth The decision of the public security organ to a criminal suspect bail, shall order the criminal suspect to provide a guarantor or pay money.

On the same suspect, not at the same time shall be ordered to provide a guarantor and deposit.

Article eighty-first To ensure that the guarantor, the following conditions must be met, and the approval of the public security organs for examination:

(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.

Article eighty-second The guarantor shall perform the following obligations:

(a) supervision and guarantee compliance with the provisions of article eighty-fifth, the provisions of article eighty-sixth;

(two) found that the guarantor may occur or has occurred in violation of the provisions of article eighty-fifth, article eighty-sixth provisions of the act, shall promptly report to the executing organ.

The guarantor shall fill out the warranty, and in ensuring the signatures, fingerprints.

Article eighty-third Margin start amount of criminal suspects for one thousand yuan. The specific amount should be considered to ensure the litigation activities of the need, the suspect social dangers, the nature of the case, the plot, may be sentenced to punishment and criminal suspect's economic situation to determine.

Article eighty-fourth The public security organs at or above the county level shall set up the bail of special deposit account in the designated bank, bank deposit for the collection and custody.

Providing margin person, should be a one-time margin deposited in the bail of special deposit account. The security deposit shall be paid in renminbi.

The security deposit shall be outside the case handling department management. Is strictly prohibited interception, misappropriation of cash, or by any other form of embezzlement of margin.

Article eighty-fifth The public security organs in announcing the bail decision, should inform the guarantor pending trial people abide by the following provisions:

(a) without the approval of the organ executing shall not leave the living city, county;

(two) address, work units and contact information changes, in twenty-four hours to inward executive report;

(three) in the time to;

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

(five) shall not destroy or falsify evidence, or collusion.

Article eighty-sixth The public security organs in the decision to bail, can also according to the circumstances of the case, has been ordered to set bail people follow one or more:

(a) no specific places into the criminal activities associated with;

(two) with no witnesses, victims and their close relatives, accomplice and cases have other specific personnel associated with or in any way communication;

(three) shall not engage in criminal behavior associated with specific activities;

(four) the passport and other travel documents, documents, the executing organ preservation driving.

The public security organ shall consider the nature of the case, the plot, social influence, the criminal suspect social relations and other factors, determine the scope of specific place, specific and specific activities.

Article eighty-seventh The decision of the public security organ shall timely notify the bail, bail was performed live of the police station. When necessary, the case handling department can assist in the implementation of.

Take the guarantor guarantee forms, should be sent to the relevant legal instruments, was released on bail the basic conditions, ensure the basic conditions and other materials. Take the deposit guarantee forms, should be sent to the relevant legal instruments, was released on bail the basic conditions and pay a deposit and other materials.

Article eighty-eighth The people's court, the people's Procuratorate decided to bail, responsible for the implementation of the county public security authority should be in receipt of legal documents and relevant materials within twenty-four hours after being released on bail, specify the people living to the police station to verify the situation after the implementation of.

Article eighty-ninth Implementation of the bail the police station shall perform the following duties:

(a) to inform the provisions have been released on bail pending trial must be kept, and in violation of regulations or re crime shall bear the legal consequences in the release on bail;

(two) supervision, inspection was released on bail the people abide by the relevant regulations, grasp its activities, address, work unit, a contact and changes;

(three) supervision and guarantee performance guarantee obligations;

(four) was released on bail shall abide by the regulations as well as the person who violates the guarantor fails to perform warranty obligations, shall timely stop, take emergency measures, and notify the authorities.

Article ninetieth Implementation of bail police station may be ordered to be a regular report on bail people and making a record.

Article ninety-first Was released on bail shall not leave live in city, county without justifiable reasons. There is a justifiable reason to leave live in city, county, shall be responsible for the approval of the person responsible for the implementation of the police station.

The people's court, the people's Procuratorate decided to bail, responsible for the implementation of the police station in the approval was released on bail people out of living city, county, it shall obtain the consent of the organ deciding.

Article ninety-second Was released on bail in violation of the provisions of article eighty-fifth of people, eighty-sixth of the provisions in the release on bail, have to pay a deposit, the public security organ shall, according to the violation of the provisions of the circumstances, decided to confiscate all or part of the margin, and the difference between the circumstances, shall be ordered to write a statement of repentance, to pay margin, the guarantor, or given a public security administrative coercive measures punishment; need to be arrested, detained in advance to the.

The people's court, the people's Procuratorate decided to bail, bail violation by the provisions of the public security organs at the county level shall abide by, executive bail shall promptly inform the decision-making organ.

Article ninety-third To confiscate the deposit, should pass strict examination, report to the public security organ at or above the county level is responsible for the approval of people, confiscate the deposit decision making.

Decided to confiscate the deposit of fifty thousand yuan of above, shall be responsible for the districts of the city level and above the public security organ for approval.

Article ninety-fourth Confiscate the deposit decision, the public security organ shall, within three days to read within was released on bail, and ordered the forfeiture of margin determined signatures, fingerprints were released on bail; loose or other circumstances not present, to an adult member of his family, statutory agent, counsel or unit, place of residence the residents' committee, villagers' committee announced, by an adult member of his family, legal representative, counsel or unit, residence of the residents committees and villagers committee responsible person to confiscate the deposit decision signed.

A guarantor pending trial or an adult member of his family, the legal agent or defender, units, the residents' committee, villagers' committee responsible person refuses to sign, the public security organ shall confiscate the deposit decision stated in.

Article ninety-fifth The public security organs in the read to confiscate the deposit decision, should inform if not to confiscate the deposit decision, apply for reconsideration by the public security organ bail or their legal representatives may within five days to make a decision. The public security organ shall, after receiving the application for reconsideration within seven days after the decision is made.

A guarantor pending trial or its legal representative refuses to accept the reconsideration decision, can receive a reconsideration decision within five days after the public security organ at the higher level for review once. A higher public security authority should be in receipt of the application for review within seven days after the decision is made. The public security organ at a higher level to cancel or change the forfeiture of margin decision, the public security organ at a lower level shall perform.

Article ninety-sixth Confiscate the deposit of the decision of reconsideration period has passed,Or by the public security organ at a higher level for review after the original decision, the public security organ shall timely notify the designated bank will confiscate the deposit according to the relevant state provisions and turned over to the state treasury, and within three days notice decided to bail organ.

Article ninety-seventh Was released on bail in the release on bail, no violation of the provisions of article eighty-fifth, article eighty-sixth of the relevant provisions, also not intentional crime, or one of the circumstances prescribed in article 183rd of the regulations, in the lifting bail, compulsory measures change at the same time, the public security organ shall refund the deposit book making decision, notify the bank to be refunded margin.

A guarantor pending trial or its legal representative can refund the deposit to the bank to receive returned decision margin.

Article ninety-eighth A guarantor pending trial were not in violation of the provisions of eighty-fifth, eighty-sixth of the provisions, but in the release on bail of re crime was placed on file for investigation, public security organs shall be responsible for the execution of withholding pay margin, the people's court after the entry into force, in accordance with the decision making process.

Article ninety-ninth Who shall abide by the provisions are guaranteed, the guarantor fails to perform the obligation of guarantee,Verified, by the public security organ at or above the county level shall be responsible for the approval of the guarantor, one thousand yuan twenty thousand yuan fine; constitutes a crime, shall be investigated for criminal responsibility according to law.

Article 100th Decided to ensure people are fine, the public security organ at or above the county level shall be reported to the approval of the person in charge of making decision, to ensure the fine people, in the three by inward guarantor announced, told if refuses to accept the decision on the penalty, can be in five days to decide by the public security authorities for reconsideration. The public security organ shall, after receiving the application for reconsideration within seven days after the decision is made.

The surety refuses to accept the reconsideration decision, can receive a reconsideration decision within five days after the public security organ at the higher level for review once. A higher public security authority should be in receipt of the application for review within seven days after the decision is made. The public security organ at a higher level to cancel or change the penalty decision, the public security organ at a lower level shall perform.

Article 101st To ensure that people are fine reconsideration decision deadline has passed,Or by the public security organ at a higher level for review after the original decision, the public security organ shall timely notify the designated bank will guarantee the fine people according to the relevant state provisions and turned over to the state treasury, and within three days notice decided to bail organ.

Article 102nd For the criminal suspect to ensure that, if the guarantor in the release on bail conditions change, refused to guarantee or loss of guarantee conditions, shall be ordered to be released on bail pending trial to provide a guarantor or pay money, or make a change coercive measures decision.

Responsible for the public security organs shall guarantee to guarantee or not found within three days notice decided to bail authorities guarantee condition, loss.

Article 103rd The public security organ shall not interrupt the investigation of the case in the release on bail, on bail suspects, change according to the case, it shall timely change coercive measures or terminate the bail.

Bail should not be longer than twelve months.

Article 104th To relieve of bail, bail decision making lift, a notice decided to bail organs, the public security organ shall be responsible for the implementation of the service. Responsible for the implementation of the public security organ shall, according to the decision to release on bail, and inform the bail, the guarantor and the relevant units.

The third section Residential surveillance

Article 105th The public security organ arrest conditions to meet one of the following circumstances, the criminal suspect, to residential surveillance:

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

(two) pregnant or breast-feeding her baby;

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

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

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

If the people's Procuratorate decides not to approve arrest suspects, further investigation is necessary, and in line with the monitoring of living conditions, to residential surveillance.

In accordance with the bail conditions, but the suspect cannot provide a guarantor, do not pay the deposit, to residential surveillance.

To be released on bail pending trial who violates the provisions of article eighty-fifth, the provisions of article eighty-sixth, to residential surveillance.

Article 106th The criminal suspect shall be made for residential surveillance, the petition for residential surveillance report shows that residential surveillance, reason, to residential surveillance and shall comply with the provisions of the public security organ at or above the county level, is responsible for the approval, making decision of residential surveillance. Residential surveillance decision shall be read to the criminal suspect, the suspect signatures, fingerprints.

Article 107th Residential surveillance shall be carried out in the criminal suspect, defendant's; no fixed residence, can be specified in the residence of execution. For the alleged crimes of endangering national security, terrorism, residence in the execution may hinder the investigation, with the approval of a public security organ, also can be in the designated residence execution.

Any of the following circumstances, belonging to the provisions of this article would hinder the investigation "":

(a) may destroy or forge evidence, witnesses or collusion of interference;

(two) may cause the suspect himself, Dutch act or escape;

(three) may cause the accomplice, obstruct the investigation of escape;

(four) the suspect, the defendant in place the implementation of residential surveillance has the personal danger;

(five) have been implicated in the crime suspect, the defendant's family or unit personnel and crime.

The specified home residential surveillance, shall not be required to pay under residential surveillance.

Article 108th Fixed residence, is under residential surveillance of people living in the city, the county's legal residence; designated residence, is refers to the public security organ according to the circumstances of the case, in the case handling organ where the city, the county is under residential surveillance designated home life.

The designated residence shall meet the following conditions:

(a) have a normal life, rest conditions;

(two) for monitoring, management;

(three) ensure the safety.

The public security organ shall not in custody, the special case sites or office residential surveillance.

Article 109th The specified home residential surveillance, in addition to not notice, notice shall be made in the implementation of residential surveillance, surveillance of residence within twenty-four hours after notification, the decision-making organ under residential surveillance family.

Any of the following circumstances, belonging to the provisions of this article cannot notice "":

(a) don't tell the true name, address, identity is unknown;

(two) no family;

(three) the family contact could not be contacted;

(four) due to natural disasters and other force majeure lead to not notice.

Future no notice disappeared under residential surveillance, shall immediately notify the families of the people.

Unable to inform the family members, should notice specified in residential surveillance.

Article 110th Under residential surveillance entrusted lawyer, applicable provisions of article forty-first, article forty-second, article forty-third hereof.

Article 111st The public security organs in the announced residential surveillance decision, should inform the under residential surveillance must abide by the following provisions:

(a) without the approval of the organ executing the implementation of residential surveillance shall not be allowed to leave the premises;

(two) without the approval of the organ executing not to meet with others or in any way communication;

(three) in the time to;

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

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

(six) the passport and other travel documents, identity documents, documents, the executing organ preservation driving.

Article 112nd The public security organs of the people can be taken under residential surveillance, electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can be monitored, fax, letter, mail, telephone, network and other communication of criminal suspects.

Article 113rd The decision of the public security organ to residential surveillance, execution by the surveillance of residence accommodation or designated residence where the police station, the case handling department can assist in the implementation of. When necessary, can also be responsible for the implementation of the case handling department, police station or other departments to assist in the implementation of.

Article 114th The people's courts, the people's Procuratorate decided to residential surveillance, responsible for the implementation of the county public security authority should be in receipt of legal documents and relevant materials within twenty-four hours after notification under residential surveillance, accommodation or designated residence where the police station, perform verification under residential surveillance, personal copy of residence and residence conditions. When necessary, can assist in the implementation by the people's court, the people's procuratorate.

Article 115th The case handling department responsible for police station or residential surveillance shall be strictly to perform under residential surveillance for supervision and inspection, to ensure the safety of.

The people's court, people's Procuratorate decides to residential surveillance, shall timely notify the residential surveillance report on the implementation of the decision-making organ.

Article 116th Under residential surveillance are justified in asking for leave the house or the designated residence and asked to meet the communication or others, should be responsible by the local police station or the departments responsible for the implementation of the approval.

The people's courts, the people's Procuratorate decided to residential surveillance, responsible for the implementation of the police station in the approved under residential surveillance people leave the place or the designated residence and others meet or communication, it shall obtain the consent of the organ deciding.

Article 117th By residential surveillance shall comply with the provisions of people in violation of the public security organ shall, should distinguish between the case under residential surveillance of people sign a statement of repentance or given administrative penalties for public security. If the circumstances are serious, can be arrested; need to be arrested, detained in advance of its.

The people's courts, the people's Procuratorate decided to residential surveillance, by the provisions of residential surveillance shall abide by the person who violates the public security organs at the county level, residential surveillance shall timely notify the authorities executed.

Article 118th In the residential surveillance shall not be suspended during the period of investigation, the police, the criminal suspects, should change according to the case, termination or alteration of the compulsory measures in a timely manner to residential surveillance.

Residential surveillance shall not exceed six months.

Article 119th The public security organ decides to terminate a residential surveillance, by the public security organ at or above the county level shall be responsible for the approval of release, making decision of residential surveillance, and promptly notify the implementation of the police station or the case handling department, under residential surveillance and the units concerned.

The people's court, the people's Procuratorate to lift, change the residential surveillance decision, the public security organ shall promptly release and notice under residential surveillance and the units concerned.

The fourth section ArrestLiu

Article 120th The public security organ for the criminals or suspects, one 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 121st The detention of criminal suspects, should fill out the petition detention report, the public security organ at or above the county level shall be responsible for the approval of people, making a detention warrant. Implementation of the detention, must produce a warrant, and ordered detained in detention certificate signatures, fingerprints, fingerprint, refuses to sign, the investigators shall indicate the.

In case of emergency, to meet the requirements of one of the situations listed in article 120th, shall immediately review the crime suspect to public security organs, go through the legal formalities.

Article 122nd Arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours.

Remote execution of detention shall be under the jurisdiction of the, at twenty-four hours after the suspects will be sent to the detention center custody.

Article 123rd In addition to not notice or suspected of crimes of endangering national security, terrorist activity crime notification would hinder the investigation of possible situation, should be in detention within twenty-four hours after making notice of detention, inform the detainee's family. Notice of detention shall clearly state the reasons and detention detention premises.

The provisions of this article "not notice" the situation which the provided for in the second paragraph 109th shall.

Any of the following circumstances, belonging to the provisions of this article would hinder the investigation "":

(a) may destroy or forge evidence, witnesses or collusion of interference;

(two) may cause the accomplice, obstruct the investigation of escape;

(three) have been implicated in the crime suspect's family and.

After the notification would hinder the investigation situation, can not disappear, it shall immediately notify the detainee's family.

For there is no notification of family in twenty-four hours, it shall be indicated in the notice of detention.

Article 124th A detainee shall, after the detention within twenty-four hours of interrogation. That should not be detained, the public security organ at or above the county level shall be responsible for the approval of the person making the notice, release, the release notice issued by the detainee release certificate, will release him immediately.

Article 125th The detention of criminal suspects, after review 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 public security organ at or above the county level shall be responsible for the approval, submitted to the examination and approval of the arrest of time can be extended by one to four days.

Major suspects who commit crimes repeatedly commit crimes, convection, gang crime, by the public security organ at or above the county level shall be responsible for the approval, submitted to the examination and approval of the arrest of time can be extended to thirty days.

The provisions of this article "people who commit crimes", is refers to the city, county jurisdiction for the crime, or in the residence after committing the crime of escape to outside the city, county, continue to commit the crime; "repeatedly commit crimes", refers to three or more times the crime; "Gang crime", refers to two or more persons jointly.

Article 126th The suspect does not tell his true name, address, the identity is unidentified, shall be investigated for their identity. The public security organ at or above the county level shall be responsible for the approval of the period of detention, checking computation since the day of its identity, but not to stop the crime investigation.

Meet the conditions for arrest suspects, also by the name request for approval of arrest.

Article 127th The suspect was detained after the examination, according to the circumstances of the case reported to the public security organ at or above the county level is responsible for the approval of people, respectively make the following treatment:

(a) need to be arrested, detained for the period, request for approval of arrest procedures in accordance with the law;

(two) shall be investigated for criminal responsibility, but need not be arrested, in accordance with the law to the people's Procuratorate for examination and prosecution, or to apply for bail or residential surveillance procedures, to the people's Procuratorate for examination and prosecution;

(three) after the expiration of the term of detention, the case has not yet completed, further investigation is necessary, apply for bail or residential surveillance procedures in accordance with the law;

(four) with the provisions of article 183rd of the circumstances specified, the release of detainees, issued a certificate of release; need for administrative processing, or transferred to the relevant departments in accordance with the law shall be dealt with.

Article 128th The people's Procuratorate decides the detention of criminal suspects, legal documents by the public security organ at or above the county level people's Procuratorate detention by decision making a detention warrant and executed immediately. When necessary, the people's procuratorate can please help. Custody, it shall timely notify the people's procuratorate.

The public security organs failed to arrest suspects, the enforcement shall be informed reasons and failed to arrest suspects to the people's Procuratorate detention decision. For the criminal suspect at large, before the people's Procuratorate revoke the detention decision, the public security organ shall organize forces to continue.

The fifth section CatchTrap

Article 129th To have evidence to prove the facts of the crime, may be sentenced penalty above suspect, adopt the guarantor pending trial is not enough to prevent the danger to the society, to be submitted for approval of arrest:

(a) may implement the new crime;

(two) the real danger endanger national security, public security or public order;

(three) may destroy or forge evidence, witnesses or collusion of interference;

(four) the victim, informants, may take revenge the complainant implementation;

(five) in an attempt to Dutch act or escape.

If there is evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or there is evidence to prove the facts of the crime, may be sentenced penalty above, once an intentional crime or unidentified, shall be submitted for approval of arrest.

The public security organ in accordance with the provisions of the first paragraph to the people's Procuratorate approved the arrest, should have a social danger reasons to suspect.

Article 130th There is evidence to prove the facts of the crime, is refers to the following circumstances:

(a) there is evidence of the facts of the crime;

(two) there is evidence to prove the facts of a crime is the criminal suspect implementation;

(three) prove the criminal suspect crime evidence has been verified.

The provisions of the preceding paragraph "crime" can be a single crime fact, can also be a number of criminal acts in any criminal facts. 

Article 131st Was released on bail the breach of bail provisions, any of the following circumstances, can request for approval of arrest:

(a) suspected of intentional crime novel;

(two) the real danger endanger national security, public security or public order;

(three) the implementation of destroy or falsify evidence, or interfere with witnesses, collusion behavior, affect the normal working of the investigation;

(four) the reporter, complainant take revenge, the implementation of the;

(five) Dutch act, in an attempt to escape, escape detection;

(six) without approval, unauthorized leave live in city, county, if the circumstances are serious, or more than two times without approval, unauthorized leave live in city, county;

(seven) does not appear in the communications without justifiable reasons, if the circumstances are serious, or by more than two times cited default;

(eight) in violation of the provisions in specific places, engaged in the particular activity or meeting, with a particular person communication more than two times.

Article 132nd Under residential surveillance violates the provisions of residential surveillance, has one of the following circumstances, can request for approval of arrest:

(a) suspected of intentional crime novel;

(two) the implementation of destroy or falsify evidence, or interfere with witnesses, collusion behavior, affect the normal working of the investigation;

(three) the reporter, complainant take revenge, the implementation of the;

(four) Dutch act, in an attempt to escape, escape detection;

(five) without approval, without the implementation of residential surveillance place, if the circumstances are serious, or more than two times without approval, without the execution monitoring residential premises;

(six) without approval, arbitrarily with communication or others, if the circumstances are serious, or more than two times without approval, arbitrarily with communication or others;

(seven) does not appear in the communications without justifiable reasons, if the circumstances are serious, or by more than two times cited default.

Article 133rd A request for approval of arrest a criminal suspect, the public security organ at or above the county level shall be responsible for the approval of the person making the request for approval of arrest, the book, together with the case file and evidence, to the people's Procuratorate, together with the examination and approval.

Article 134th For the people's Procuratorate does not approve the arrest and notify the supplementary investigation, the public security organ shall, according to the people's Procuratorate for supplementary investigation outline supplementary investigation.

The public security organs supplementary investigation is completed, that meet the conditions of arrest, shall be re submitted a request for approval of arrest.

Article 135th The people's Procuratorate not to approve arrest without reasons, the public security organ may request the people's Procuratorate explanation.

Article 136th The people's Procuratorate decides not to approve arrest, the public security organ in receiving not approved the arrest of the written decision, if the criminal suspects have been detained, he shall be released immediately, issued a certificate of release, and the receipt to make not the approval of the people's Procuratorate the arrest decision.

Article 137th If the people's Procuratorate does not approve the arrest decision, that there is an error need to review, should be in receipt of the written decision not to approve arrest within five days making requirements review opinions, reported to the public security organ at or above the county level for approval, to the people's Procuratorate at the same level for reconsideration.

If the opinion is not accepted, that the need to review, should be in receipt of the reconsideration decision, the people's Procuratorate within five days after making the request of review opinions, reported to the public security organ at or above the county level for approval, together with the people's Procuratorate of the reconsideration decision, be brought to a people's Procuratorate review.

Article 138th A people's Procuratorate approved the arrest of the written decision, by the public security organ at or above the county level shall be responsible for issuing a warrant of arrest, executed immediately, and the receipt to make the people's Procuratorate approved the arrest decision. If it fails to perform, the people's Procuratorate shall return, and that the reason for failure of execution.

Article 139th Execution of arrest, must produce an arrest warrant, and ordered the arrest warrant on the signatures, fingerprints, fingerprint, refuses to sign, the investigators shall indicate the. After the arrest, it shall immediately be arrested for custody.

The arrest of the investigatory personnel shall not be less than two.

Article 140th The arrested men, must be in detention after twenty-four hours of interrogation. That should not be arrested, the public security organ at or above the county level shall be responsible for the approval of people, making the release notice, send detention and the people's procuratorate which originally approved the arrest. The detention center on release notice immediately release the arrested person, and issued a release certificate.

Article 141st The suspect arrest, in addition to not notice shall, after the arrest within twenty-four hours, making arrest notice, notify the family of the arrested person. Arrest notice shall clearly state the reasons and the arrest of detention.

The provisions of this article "not notice" the situation which the provided for in the second paragraph 109th shall.

Unable to inform the case removed, shall immediately notify the family of the arrested person.

For there is no notification of family in twenty-four hours, it shall be indicated in the notice in the arrest.

Article 142nd The people's court, the people's Procuratorate decided to arrest the suspect, the defendant's legal documents, by the public security organ at or above the county level by the people's court, people's Procuratorate decided to arrest warrant of arrest and immediately execute production. When necessary, the people's court, the people's procuratorate can ask for assistance in execution. Execution of arrest, it shall notify the authorities in a timely manner.

The public security organ fails to capture the crime suspect, the accused, the enforcement shall be the people's Procuratorate, the people's court shall notify the reasons not captured and decided to arrest. For criminal suspects and defendants, the fugitive, before the people's Procuratorate, the people's court to revoke the decision of arrest, the public security organ shall organize forces to continue.

Article 143rd The people's Procuratorate for examination and approval of the arrest of the work found in the investigation of the public security organ illegal case, notify the public security organ to correct, the public security organ shall investigate and verify the law, should be found and corrected promptly corrected, notify the people's procuratorate.

The sixth section BridleCharge

Article 144th On the investigation of criminal suspects arrested after the period of detention shall not exceed two months. The case is complex, the expiration of the time limit cannot be concluded its investigation of a case, shall make a request for approval to extend the detention period for investigation of opinion, by the public security organ at or above the county level shall be responsible for the approval, seven recently sent to the people's Procuratorate at the next higher level to approve the extension of one month to the expiration of the time limit.

Article 145th The following cases in the provisions of article 144th of the expiration of the time limit prescribed cannot investigate terminative, shall make a request for approval to extend the detention period for investigation of opinions, by the public security organ at or above the county level shall be responsible for the approval of the person before seven, send the people's procuratorate at the same level of province, autonomous region, municipality directly under the central government approval, city people's Procuratorate approved the expiration of the time limit, an extension of 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 146th The criminal suspect may be sentenced penalty above ten years, in accordance with the provisions of article 145th extended deadline expires, still cannot investigate terminative, shall make a request for approval to extend the detention period for investigation of opinion, by the public security organ at or above the county level for approval before seven, send to the Peoples procuratorate at the same level of province, autonomous region, proposal municipalities directly under the central government, the people's Procuratorate approved the expiration of the time limit, a further period of two months.

Article 147th In the period of investigation, found the suspect another important crimes within five days, it shall report to the public security organ at or above the county level since the day of discovery for approval, recalculate the investigation detain deadline, making re calculated investigation detain deadline notice, served on the detention center, and quasi arrest people's Procuratorate for approval.

The provisions of the preceding paragraph "other crimes", refers to the major crimes and arrest crime different and same crime and will affect the major crimes, sentencing grade identification.

Article 148th The suspect does not tell his true name, address, the identity is unidentified, shall be investigated for their identity. Responsible for the public security organs at or above the county level for approval, investigation detain deadline checking computation since the day of its identity, but not to stop the crime investigation.

The criminal facts are clear, the evidence is, well, really can not be identified, by the name to the people's Procuratorate for examination and prosecution.

Article 149th The detention house shall be issued by public security organs warrant, warrant was detained, arrested the suspect, the defendant in custody. The suspect, the defendant was sent to the house of detention, detention should warrant, warrant indicate the criminal suspects and defendants, arrived at the time.

Seized is wanted, the escape of criminal suspects and pursuing the implementation of the task, and requires a temporary post, shall hold a warrant or other relevant legal documents and the send and the public security organs at or above the county level is responsible for the approval of people, send the mail and.

Temporary post and the suspect out when the detention house shall issue the proof, the suspect, set forth the basic situation, the suspect detention, the reasons and the time.

Article 150th The detention center custody of criminal suspects, defendants and convicts, should be healthy and surface inspection, and shall be recorded.

Article 151st The detention center custody of criminal suspects, defendants and convicts, shall carry out safety inspection of the goods of person and carry. Found contraband, criminal evidence and suspicious items, it shall make a written record, by the detainee signatures, fingerprints, send the case handling organ treatment.

The female body examination, shall be conducted by female officers.

Article 152nd Criminal suspects were sent to detention center custody for questioning, investigators, shall be conducted in the interrogation room.

The seventh section Other provisions

Article 153rd Continue questioning suspects detained, need to be found during the arrest, bail or residential surveillance, should immediately go through the legal formalities.

Article 154th Execution of criminal suspects, detention, arrest warrant, the process shall be used in accordance with the law, restriction of police. In case of violent confrontation or violent crime, shall use uniform police weapons or weapons.

Article 155th Public security organs found on the suspect to take coercive measures improper, it shall timely cancel or change. The criminal suspect in custody, it shall timely release. The public security organs to release those arrested or change the measure of arrest, the people's Procuratorate approved the arrest shall be notified.

Article 156th The suspect was arrested after a people's Procuratorate, the review does not need to continue to detain the procuratorial suggestions, the public security organ shall investigate and verify, that the detention is not necessary, should be released or coercive measures; the need to continue to detain, should explain the reason.

The public security organ shall, within ten days to notify the people's procuratorate.

Article 157th The criminal suspect or his legal representative, close relative or lawyer shall have the right to apply for alteration of the compulsory measures. The public security organ shall decide within three days after receipt of the application made; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons.

Article 158th The public security organs of the compulsory measures adopted by the statutory period expires the suspect, shall release, lifting bail, residential surveillance or alteration of the compulsory measures according to law.

The criminal suspect or his legal representative, close relative or advocate for public security organs to take compulsory measures the statutory period expires, have the right to request the public security organ to lift the mandatory measures. The public security organ shall examine, for the case, it shall immediately lift or alteration of the compulsory measures.

For the suspect, the defendant in custody period is about to expire, the detention house shall notify the authorities handling the case immediately.

Article 159th Bail changed to residential surveillance, bail, surveillance of residence changed to detention, arrest, the compulsory measures no longer for the lifting of the legal formalities.

Article 160th The case is transferred for examination before prosecution bail pending trial, the people's Procuratorate decided to residential surveillance, compulsory measures to bail, residential surveillance or change the original compulsory measures, no longer for the lifting of the legal formalities.

Article 161st Public security organs at or above the county level people's congresses at various levels shall summon, bail, residential surveillance, detention or request for approval of arrest, shall report to the written permission represents the presidium of the National People's Congress or the standing committee.

Article 162nd The public security organs to the criminal detention, that is above the county level people's congresses representatives, shall immediately report to the presidium of the National People's Congress or the Standing Committee report.

The public security organ in accordance with the law enforcement warrant, bail, residential surveillance, detention or arrest, finds that the person subject to execution is above the county level people's congresses representing, should be suspended, and report the decision or approval authority. If after executing finds that the person subject to execution is above the county level people's congresses representative, shall be released immediately, and report the decision or approval authority.

Article 163rd The public security organ in accordance with the law on Ethnic Township, township, Town People's Congress detention, bail, residential surveillance, detention or arrest, should be the people's Congress report immediately after execution.

Article 164th Public security organs according to law, member of the Political Consultative Committee of arrest, bail, residential surveillance, should be informed of the situation to the Committee of CPPCC organizations.

Article 165th Public security organs according to law, member of the Political Consultative Committee executive detention, arrest, it shall belong to the members of the CPPCC organizations informed; in case of emergency, can be in execution simultaneously or execution after the timely notification.

The seventh chapter Case, case withdrawing

The first section ByCase

Article 166th The public security organ for citizens over, report, report, or criminal suspects accused voluntarily surrender, should immediately accept, inquire, and making a record, after being verified to be correct by people, over, the informant, the complainant, accuser, automatic signature, Na finger printing. When necessary, should the audio or video recording.

Article 167th The public security organ to provide the people, reporter, complainant, accuser, voluntarily surrender to provide the relevant evidence materials shall be registered, making accept evidence material list, by the people, and sent to the informant, the complainant, accuser, automatic signature. When necessary, it shall take pictures or audio, video, and safekeeping.

Article 168th The public security organ to accept the case, shall make the registration form, and issue a receipt.

Article 169th The public security organ to accept the complaint report, staff, 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.

Article 170th The public security organs shall safeguard the seizure and delivery people, reporter, complainant, accuser and near relatives.
If the seizure and delivery people, reporter, complainant, accuser is not willing to open their own identity, shall keep secret, and indicate in the material.

Article 171st To accept the case, or found clue to the crime, the public security organ shall promptly examine.

For the review of the facts of the case or not clues, when necessary, the case handling department is responsible for the approval of people, can be carried out preliminary investigation.

Preliminary investigation of public security organs may, in accordance with relevant laws and regulations to ask, inquiry, inspection, identification and obtaining of evidence materials do not limit respondents personal, property rights measures.

Article 172nd After review, that the facts of the crime, but does not have jurisdiction over a case, shall immediately report to the public security organ at or above the county level shall be responsible for the approval of the person making the transfer case, notice, to deal with the competent authority.
For does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures, and then go through the formalities, refer the case to the competent organ.

Article 173rd After review, in that case, the public security organ shall inform the people's court party.

There is evidence that the minor criminal cases, the public security organ shall notify the victim may bring a lawsuit to a people's court; the victim request the public security organs, the public security organ shall accept it.

The people's court cases of private prosecution in accordance with the law, public security organs have been collected. The case materials and the relevant evidence, the public security organ shall timely transfer.

Article 174th After review, for not a criminal punishment should be given administrative processing, or transferred to the relevant departments in accordance with the law shall be dealt with.

The second section LiCase

Article 175th The public security organ to accept the case, upon examination, that the facts of a crime and criminal responsibility, and under its jurisdiction, the public security organ at or above the county level shall be responsible for the approval of the people, put on record; that no criminal facts, or the facts of the crime are minor and do not require significant criminal responsibility shall be investigated in accordance with the law, or other circumstances not pursue criminal responsibility, responsible for the public security organ at or above the county level approval, shall not be filed.

The accused man case, decided not to file the case, the public security organ shall make a notice of not filing the case within three days, and served on the accused man.

Article 176th The complainant refuses to accept the decision on not filing the case, can be received in the public security organ shall not file the notice of seven days after the decision is made to apply for reconsideration within; the public security organ shall decide upon receipt of the application for reconsideration within seven days after the make, and notify the complainant.

The complainant refuses to accept the decision on not to file a reconsideration, can receive the reconsideration decision within seven days after the public security organs at a higher level for review; a higher public security authority should be in receipt of the application for review within seven days after the decision is made. The public security organ at a higher level shall not register revocation decision, the public security organ at a lower level shall perform.

Article 177th On the administrative law enforcement organs to transfer the case, the public security organ shall accept the case within three days of the date of review, that the facts of the crime, criminal responsibility shall be investigated according to law needs, decide to place a case on file, administrative law enforcement organs written notice shall be transferred to the case; that no criminal facts, or the criminal facts are obviously minor, need not be investigated for criminal responsibility in accordance with the law, not to file the case, it shall explain the reasons, and will not be placed on file a notice served on the administrative law enforcement organs to transfer cases, corresponding to the case materials.

Article 178th Transfer the case to the administrative organ for law enforcement shall not be filed decision disaffected, can receive the public security organ shall not file the notice of three days after the decision is made to apply for reconsideration within; the public security organ shall decide upon receipt of the application for reconsideration, administrative law enforcement organs within three days after the make, and written notification to transfer the case to the administrative organ for law enforcement.

Article 179th If the people's Procuratorate requirements that the reasons for not filing the case case, the public security organ shall, within seven days after the receipt of the notice, within, make written instructions on not filing the case, according to the situation and reason, reply to the people's procuratorate. The public security organ shall make filing decision, file copies of people's Procuratorate decided.

For the people's Procuratorate notify the public security organ, the public security organ shall, after receiving the notice within fifteen days from the day of filing, the filing decision and a copy of the book to the people's procuratorate.

Article 180th The people's Procuratorate believes that the public security organ shall not register and put on record, and put forward rectification opinions, the public security organ shall carry out investigation to verify, and the reply to the people's procuratorate.

Article 181st Through the investigation, that the facts of a crime and criminal responsibility, but does not fall under its jurisdiction or by other public security organs and case investigation, the public security organ at or above the county level shall be responsible for the approval of the person making the transfer case, notice, to the jurisdiction of the authority or the investigation of public security organs, and transferred the case after three days written notice to the families of suspects.

Article 182nd Cases under the jurisdiction of the public security organ or change to other and case investigation, the property related to the case and the fruits thereof, shall be transferred along with the case file.
Over, by the recipient, over to check out, and signature together in the handover document.

The third section WithdrawalCase

Article 183rd After investigation, found to have one of the following circumstances, it shall revoke the case:
(a) no criminal facts;
(two) the plot remarkable slight, little harm, not deemed a crime;
(three) the limitation period for prosecution of the crime has been;

(four) the amnesty exemption from punishment;
(five) the death of suspects;

(six) the other investigated for criminal responsibility according to law.

For after investigation, found that the facts of a crime and criminal responsibility, but not to be placed on file for investigation of criminal suspects implementation, or in a case of joint crime suspect portions are not serious enough for criminal punishment, shall terminate the investigation of criminal suspects, and to continue the investigation of the case.

Article 184th Need to revoke the case or to terminate the investigation of criminal suspects, the case handling department shall make a withdrawal of the case or to suspect to terminate the investigation report, report to the public security organ at or above the county level for approval.

The decision of the public security organ to withdraw the case or to terminate the investigation of the criminal suspect, the suspect in custody, he shall be released immediately, issued a certificate of release. The criminal suspect is arrested, it shall notify the people's Procuratorate approved the arrest. Taking other compulsory measures of a criminal suspect, shall immediately lift the administrative compulsory measures; need treatment, shall be dealt with according to law by the relevant departments or transfer.

The attachment, seizure of property and its fruits, file, or freezing of property, in addition to separately in accordance with the law and the relevant provisions of the, shall cancel the seizure, seizure, freezing.

Article 185th The public security organs to withdraw the case after the decision, should inform the suspect, the victim or his near relatives, legal agent as well as the case within three days to the authorities.

The public security organs to terminate the investigation after the decision, should inform the original suspects within three days.

Article 186th The public security organs to withdraw the case later found new facts or evidence, that the facts of the crime and criminal responsibility, shall be placed on file for investigation.

For the criminal suspect to terminate the investigation later found new facts or evidence, that the facts of the crime and criminal responsibility, further investigation should be.

The eighth chapter InvestigationCheck

The first section Regulations

Article 187th The public security organ to a criminal case which has been filed, it shall timely investigation, comprehensively and objectively collect, obtain the guilt or innocence of the crime suspect, light or heavy crime evidence.

Article 188th The public security organs after investigation, on the evidence of the facts of the crime cases, shall conduct pre-trial, to collect, obtain evidence material authenticity, legitimacy and probative force to review, verify.

Article 189th The investigation of the crime of public security organs, shall take compulsory measures and investigation measures strictly in accordance with the conditions and procedures prescribed by law, is prohibited in the absence of evidence, the suspect only doubt to take coercive measures and investigation measures.

Article 190th The investigation of the crime of public security organs, involving state secrets, commercial secrets, personal privacy shall be kept confidential.

Article 191st The party and the defender, agent ad litem, interested party has one of the following acts for the public security organs and the investigators, have the right to sue the authorities to appeal or:

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

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

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

(four) shall terminate the seizure, seizure, freezing not released;

(five) the corruption, embezzlement, privately divide, exchange, in violation of the provisions of the use of attachment, seizure, freezing of property.

The public security organs to file a complaint or accusation acceptance shall be timely investigation and verification, make a decision and in receiving the complaint, accused the date of thirty days, the written reply the complainant, accuser. The public security organs and the investigators have found that one of the above acts, shall be corrected immediately.

Article 192nd The superior public security organs found inferior public security organ existence violations to the provisions of the first paragraph 191st or on a complaint, accused matters not in accordance with the provisions of the public security organ at a lower level, shall be ordered to correct within the prescribed time limit, the public security organ at a lower level shall be enforced immediately. When necessary, superior public security organs may appeal, accused matters directly make a decision.

The second section The interrogation of criminal suspects

Article 193rd The public security organ does not need to be detained, arrested suspects, the case of the departments in charge of approval, may be summoned to a designated place of criminal suspects, county lies within the or for questioning at his residence.

Article 194th Summoning criminal suspects, shall show the summon card and investigators working documents, and ordered the subpoena certificate signature, fingerprints.

The suspect in custody, should from the card to summon to fill in time. At the end of the call, shall fill in a card to end time. The criminal suspect refuses to fill in, the investigators shall be noted in the summon card.

To found at the scene of the crime suspect, the investigators were working to produce documents, can be summoned orally, and the reasons and basis for informing the summoned. The suspect in custody shall be marked in the transcripts of interrogation, the suspect in custody and specify the time and the end time.

The voluntary surrender or mass turned him over to the public security organs suspect, may be summoned according to law.

Article 195th Call duration shall not exceed twelve hours. The case particularly heavy, complicated, need to take the measure of arrest, detention, the case handling department approval of the responsible person, call duration shall not exceed twenty-four hours. Not in the continuous summons criminal suspects into custody in disguised forms.

Summon the expiration of the period, not to take other coercive measures decision, should immediately end the call.

Article 196th Call, summon, interrogation of a criminal suspect, shall ensure that the suspect's diet and the necessary rest time, and record.

Article 197th The interrogation of criminal suspects, must be carried out by investigators. During an interrogation, the investigators shall not be less than two.

Interrogation in criminal suspects, should be individualized.

Article 198th Interrogation of suspects, should first ask the criminal suspect whether a crime, and inform the suspect confess his crime may be given a lighter or mitigated punishment of the law, 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.

The first interrogation, the suspect shall inquire the name, alias, Ceng Yongming, date of birth, place of domicile, residence, place of origin, birth, nationality, occupation, education level, family status, social experience, whether to belong to the NPC deputies and CPPCC members, is not a criminal punishment or administrative processing etc..

Article 199th Deaf, dumb interrogation of criminal suspects, there should be a deaf mute, gesture of participants, and indicate the suspects in the interrogation of the deaf, dumb, and the name, work unit and occupation.

Don't know the language of the interrogation of criminal suspects, interpreters shall be provided.

Article 200th The investigators shall question and statement of the criminal suspect or the excuse to record clearly. Making record of interrogation should be used to maintain long-term writing materials.

Article 201st Transcripts of interrogation shall be suspect check or read to him. If the record an omission or error, should allow criminal suspects a supplement or correction, and fingerprints. The criminal suspect shall check and correct, should its page by page signatures, fingerprints on the notes, and in the end that "I have read the above record (or read to me, and I said)". Refuse to sign, fingerprints, the investigators shall be indicated in the notes.

All the items of the interrogation record, shall complete complete. The investigators, translators should sign in the interrogation record.

Article 202ndThe suspect requests to write a personal statement, it shall be allowed; when necessary, the investigators may also ask the criminal suspect to write a personal statement. The criminal suspect shall page signatures, fingerprints by in his confession. The investigators received, "shall be indicated in a certain period of a day to receive" in the upper right corner of the first page, and signature.

Article 203rdThe interrogation of criminal suspects, in written records at the same time, can the audio or video recording of the interrogation process. There may be sentenced to life imprisonment, the death penalty cases or other serious crimes, shall carry out the sound recording or video recording of the interrogation process.

The provisions of the preceding paragraph "may be sentenced to life imprisonment, the death penalty cases", refers to apply legal punishment or penalty grade including life imprisonment, the death penalty cases. "Other serious crimes", refers to the wounded to death, serious harm public security crime, a serious violation of personal rights of crime, and the crime of the underworld organization, serious drug crime and other major intentional crimes.

The interrogation process of audio and video, it should be on the each interrogation uninterrupted, maintain integrity. May be selectively recorded, not splicing, editing.

Article 204th The suspect's confession of the crime, not guilty fact, defense and counter evidence, proof and the suspect provided his innocence, crime evidence, the public security organ shall carefully check; the relevant evidence, regardless of whether the adoption, shall truthfully record, safekeeping, and together with the verification report of volume.

The third section The questioning of witnesses, victims

Article 205th The questioning of witnesses, victims, can be carried out in the field, also can be the witness, victim unit, residence or witnesses, victims of the place. When necessary, may also notify the witness to give testimony, the public security organ.

The questioning of witnesses, the victim should be individualized.

The questioning of witnesses, victims at the scene, the investigators shall show their certificates. To witness, victim unit, location residence and witnesses, victims of witnesses, victims, the case handling department shall be responsible for the approval of people, make a notice of inquiry. Before asking, the investigators shall produce a notice of inquiry and certificates.

Article 206th Asked before, should understand the witness, victim's status, the relationship between the witness, the criminal suspect, the victim. When asked, should inform the witnesses, victims must truthfully provide evidence, testimony and intends to commit perjury or conceal evidence legal responsibility.

Investigators shall not expressed opinion about the case to the witness, victim or leak case, violence, threats and other illegal methods, the use of witnesses is strictly prohibited.

Article 207th The provisions of article 201st, the provisions of article 202nd, also apply to the questioning of witnesses, victims.

The fourth section The inquest, inspection

Article 208th Investigators shall conduct an inquest or examination for crime related sites, objects, people, body, timely extraction, collection and case evidence, material evidence,Biological samples. When necessary, may designate or hire people with expertise, conduct an inquest, inspection under the direction of the investigators.

Article 209th of police station, police and other departments shall properly preserve the scene of a crime and evidence, control the criminal suspect, and immediately report to the administrative department of the public security organ.

The investigators performed exploration after receiving the notice, should immediately rushed to the scene; scene investigation, criminal crime scene investigation shall hold the certificate.

Article 210th The public security organs to carry out investigation shall not be less than two of the crime scene. Survey the scene, should invite citizens irrelevant to the case as a witness.

Article 211st Surveying the scene, should be shooting the scene photos, site drawing, making a record, by the participants in the survey and witness the signature. The scene of major cases, should the video.

Article 212nd In order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body, extracting fingerprint information, collection of blood, urine and other biological samples. Death to the victim, should be through the close relatives of the victim identification, extraction of biological sample identification method to determine the identity of the victim.

If a criminal suspect refuses to be examined, extraction, collection, investigation personnel when it deems it necessary, the case handling department is responsible for the approval of people, can be forced to check, extraction, collection.

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

Transcripts shall be made for inspection, to participate in the examination by investigators, inspectors, inspectors and signature of witness. The examinee refuses to sign, the investigators shall be noted in the record.

Article 213rd In order to determine the cause of death, the public security organ at or above the county level shall be responsible for the approval of people, can be dissected corpses, and notify the family members of the deceased to, let its signature in the autopsy notice.

The family of the deceased refuses to arrive or refuses to sign, the investigators shall specify in the notice on autopsy. The unidentified bodies, unable to notify the family of the deceased, it shall be indicated in the notes.

Article 214th To identify the cause of death, do not continue to preserve necessary body, shall notify the family back to not notice, or notice families refused to back, by the public security organ at or above the county level shall be responsible for the approval of people, can timely treatment.

Article 215th The public security organs to carry out inspection, examination, the people's Procuratorate requires re inspection, re inspection, the public security organ shall re inspection, review, and notify the people's Procuratorate to send representatives to attend the.

Article 216th In order to find out the truth, when necessary, by the public security organ at or above the county level shall be responsible for the approval of people, can make the detection experiment.

The results of experiment and investigation, shall make a record of investigation test, signed by the participants. When necessary, should be the audio or video recording of Investigative Experiment process.

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

The fifth section SearchCheck

Article 217th In order to collect criminal evidence, the crime, the public security organ at or above the county level shall be responsible for the approval of people, investigators can of the criminal suspect and might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places.

Article 218th Search, must be shown to the person to be searched executed a search warrant, the investigators shall not be less than two.

Article 219th Execution time detention, arrest, meets one of the following emergency, do not warrant may also be searched:

(a) may carry a weapon;

(two) may be hidden explosive, toxic and other dangerous articles;

(three) may conceal, destroy, transfer of criminal evidence;

(four) may conceal other suspects;

(five) other emergencies happen suddenly.

Article 220th To conduct a search, should be searched or his family members, his neighbours or other witnesses.

The public security organ may require the relevant units and individuals surrender can prove that the evidence, documentary evidence, audiovisual materials and evidence the suspect's guilt or innocence. Obstacles to search, investigators can force.

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

Article 221st Transcripts shall be made for a search, the person to be searched or his family members, neighbors or other signature of witness.

If the person searched refuses to sign, or the person searched at large, his family refuses to sign or is not present, the investigators shall be noted in the record.

The sixth section Attachment, seizure

Article 222nd Found in the investigation activities may be used to prove a property, the suspect's guilt or innocence shall file, seizure, seizure; but irrelevant to a case of property, documents, shall not be seized, seizure.

The holder shall be sealed up, refused to hand over the seizure of property, documents, the public security organ may force the attachment, seizure.

Article 223rd To distrain, documents in the course of the investigation, the case handling department shall be responsible for the approval of arrest, making decision; in the scene or seizure of property, file search, determined by the site operator; but the seizure of property, high value or may file the normal production seriously affected, by the public security organs shall be responsible for at or above the county level shall make decision of approval, seizure.

In the course of the investigation to seizure of land, housing and other real estate, or ships, aircraft and other large machines, not moving equipment specific movable property, the public security organ at or above the county level shall be responsible for the approval and seizure decision.

Article 224th The implementation of attachment, seizure of the investigatory personnel shall not be less than two, and produce the relevant legal documents prescribed in article 223rd.

Transcripts shall be made for attachment, seizure, witness the signature by the investigators, holder and. Unable to determine the holder or holders for refuses to sign, the investigators shall be noted in the record.

Article 225th The attachment, seizure of property and documents, should be with the eyewitnesses and attachment, seizure of property, file holder on the spot which has clear, seizure, seizure list three copies, indicating the name, property or document number, number, characteristics and sources, witness the signature by the investigators, holder and, a given to the holder, a copy to the public security organ custodial staff, an additional copy of memorandum.

Unable to determine the holder for property, documents or holder refuses to sign, the investigators shall be noted in the list.

In accordance with the seizure of cultural relics, gold and silver, jewelry, precious calligraphy and painting and other valuables, should be taking pictures or video, and timely identification, valuation.

Article 226th As evidence of the crime but inconvenient to extract property, documents, registration, pictures or video, after evaluation, can make property, file holder storage or storage, preservation and booking list two copies, witness the signature by the investigators, and holders, a given property, file holder, another together with photos or videos attached for reference. Property, the holder shall properly keep the documents, shall not transfer, sell, damage.

Article 227th Detain suspects mail, e-mail, the telegraph, the public security organ at or above the county level shall be responsible for the approval of arrest, making mail, telegraph notice, notify the post and telecommunications departments or service unit network examination to seizure.

When not needed to arrest, the public security organ at or above the county level shall be responsible for the approval of the person making the lifting of the seizure, mail, telegraph notice, immediately notify the post and telecommunications departments or network service unit.

Article 228Th The attachment, seizure of property, documents, mail, e-mail, the telegraph, find out the irrelevant to the case shall be seized, seizure, cancelled within three days, returned to their original owners or the original post and telecommunications departments, network service units; the owner is not clear, it shall inform the owner to take Notice of claim. Within six months to inform the owner or announcement, unclaimed, in accordance with the ownerless property registration process, turned over to the state treasury.

Article 229th No dispute the lawful property of the victim and the fruits thereof ownership, and suspected of crime has been verified, should be in the registration, pictures or video, valuation and promptly returned, and indicate the return of reason in the files of the case, the original photos, listing and victim receive procedures put on file for reference.

Can not find the victim, or notify the victim, unclaimed property and the fruits thereof, shall be transferred along with the case.

Article 230th The attachment, seizure of property and its fruits, documents, the public security organ shall properly keep, for verification. No unit or individual is allowed to use, change, damaged or dispose of.

Easy to rot and other not easy to take care of the property, according to the specific circumstances, the public security organ at or above the county level shall be responsible for the approval of relevant departments, commissioned sale, auction in taking pictures or video, the sale, the auction price of the temporary preservation, to be dealt with after the termination of litigation.

The contraband goods, shall be disposed of in accordance with the relevant provisions of the state; to be used as evidence, shall be dealt with in the proceedings after the end.

The seventh section Query, frozen

Article 231st The public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions of the deposit, remittance, bond, stock, fund, property, and may request the relevant units and individuals with.

Article 232nd To financial institutions and other units query suspect deposits, remittances, bond, stock, fund and other property, the public security organ at or above the county level shall be responsible for the approval of the person making the assistance in the inquiry, property notice, notify the financial institution and other units to perform.

Article 233rd Need to freeze the suspect in the financial institutions and other units of the deposit, remittance, bond, stock, fund and property, the public security organ at or above the county level shall be responsible for the approval of people, make assist freezing property notice, notify the financial institution and other units to perform.

Article 234Th No need to freeze the suspect's deposit, remittance, bond, stock, fund and property, the public security organ at or above the county level shall be responsible for the approval of the person, make assist freezing property notice, notify the financial institution and other units to perform.

Article 235th The suspect deposit, remittance, bond, stock, fund and other property that has been frozen, may not be frozen again, but can be waiting to freeze.

Article 236th Frozen deposits, remittances and other property for a period of six months. Freezing bond, stock, fund, securities for a period of two years. There is a special reason need to extend the time limit, the public security organ shall handle the formalities in the frozen to freeze before the expiration of the term. Every cold continued deposit, remittance property period shall not exceed six months; each continued freezing bond, stock, fund and other securities for the longest period of not more than two years. To continue the freezing, should be in accordance with the provisions of this article 233rd shall re freezing procedures. Fails to go through formalities to freeze, as frozen as automatic discharge.

Article 237th On freezing bond, stock, fund and other property, shall notify the party concerned or his legal representative, agent has the right to apply for sale.

A written application for people the right to sell frozen bond, stock, fund and other property, does not damage the interests of the state, the victim, the interests of other rights, not the normal proceedings, and the effective period of freezing draft, promissory note, check the soon to expire, the public security organs at or above the county level is responsible for the approval of people, can be sold or the proceeds from liquidation according to law, shall continue to freeze the bank accounts; there is no corresponding bank account, the proceeds by the public security organs in the bank deposit designated special account, and inform the parties or their near relatives timely.

Article 238th The frozen deposits, remittances, bond, stock, fund and other property, find out the irrelevant to the case shall be cancelled within three days, inform the financial institutions and other units to freeze, and inform all deposits, remittances, bonds, stocks, funds and other assets have been frozen in the share.

The eighth section KamSet

Article 239th In order to clarify the circumstances of the case, some specific problems to solve the case, shall appoint, hire an expert who was identified.

Need to hire an expert who were identified, the public security organ at or above the county level shall be responsible for the approval, making identification of invitation.

Article 240th The public security organs shall provide the necessary conditions for appraiser, timely to the identification to the relevant samples and contrast sample and other raw materials, introduction and identification of the relevant, and clear identification problem.

No suggestion or force identification make some kind of expert opinion.

Article 241st The investigators shall do a good job in samples of the storage and inspection work, and indicate the person responsible for part of the samples, to ensure that the samples in the circulation of the same sex and no pollution.

Article 242nd Identification should be in accordance with the rules of identification, the use of scientific methods for identification of independent. After identification, shall issue the expert opinion, and signature in the authentication opinions, with the authentication institutions and appraisers qualification certificate or other documents.

Many people participate in the identification, identification of people with different opinions, shall indicate the.

Article 243rd The expert opinions, the investigators shall review.

The review as expert opinion evidence, the public security organ shall promptly inform the suspect, the victim or his legal representative.

Article 244th The suspect, the victim has the objection application of expert opinion, the case handling department or personnel of investigation and expert opinion has doubt, can identify opinions to the other personnel with expertise in comments. When necessary, ask the expert and making a record attached.

Article 245th After review, found in any of the following circumstances, the public security organ at or above the county level shall be responsible for the approval of people, should add identification:

(a) identification content has obvious omissions;

(two) the discovery of new appraisal significance of the evidence;

(three) have identified requirements on identification evidence;

(four) the expert opinion is not complete, the entrusted matters cannot be determined;

(five) other supplementary appraisal situation.

After the examination, does not meet the above conditions, the public security organ at or above the county level shall be responsible for the approval of people, make a disapproving the complementary identification decision, and when the decision is made within three days written notice to the applicant.

Article 246th After review, found in any of the following circumstances, the public security organ at or above the county level shall be responsible for the approval, shall be re identification:

(a) identification of illegal or in violation of procedure requirements related to professional technology;

(two) identification, identification of people do not have the qualifications and conditions of identification;

(three) identification intentionally makes a false identification or violates the provisions of the avoidance;

(four) based on the apparent lack of expert opinion;

(five) samples of false or corrupted;

(six) other circumstances should be re identification.

Re identification, it shall designate or appoint appraisers.

After the examination, does not meet the above conditions, the public security organ at or above the county level shall be responsible for the approval of people, make a disapproving the re identification decision, and when the decision is made within three days written notice to the applicant.

Article 247thThe public prosecutor, the parties concerned or the defenders and agents ad litem, the expert opinion has the objection, the people's court shall notify the public security organ, the appraiser shall appear in the court.

Identification of intentionally makes a false verification, shall be investigated for legal responsibility according to law.

Article 248th As a psychiatric evaluation on the suspect's time is not included in the deadline, other identification time shall be included in the deadline.

The Ninth Section ResolutionRecognize

Article 249th In order to find out the truth, when necessary, investigators can let the victim, a witness or suspect of crime related articles, documents, body, place or crime suspect identification.

Article 250th Identification shall be carried out under the direction of the investigators. Presided over the identification of investigatory personnel shall not be less than two.

Several people were identified on the same object of identification recognition, shall be carried out individually by identifying people.

Article 251st Identification, identify object should be mixed other objects in the similar characters, not to recognize any hints. Identify the suspects, the number of identified shall be not less than seven; the criminal suspect photo identification, shall not be less than ten photos; identify goods, miscellaneous items shall not be less than five.

On the site, specific object of identification to identify bodies, or make people can accurately describe the items of the unique characteristics, foil without number restrictions.

Article 252nd Identification of the suspect, identified people are not willing to open to the public, can not exposed to identify the circumstances, and shall keep confidential for the.

Article 253rd To identify the course and result, shall make transcripts to identify, witness the signature by the investigators, identifying people. When necessary, should be the audio or video recording of the recognition process.

The tenth section Technical investigation

Article 254th The public security organs in the case, according to the need for crime investigation, may be of the following serious danger to society of criminal cases to take measures of technical investigation:

(a) the crime of endangering national security, terrorism, organized crimes of the underworld, major drug cases;

(two) murder, intentional injury causing serious injury or death, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances and other serious violent crime;

(three) group, the series, cross regional major crime;

(four) the major crime of telecommunications, computer network, the delivery channel, implementation, and major criminal cases involving computer network implementation;

(five) other serious social crime, may be sentenced to seven years in prison according to law.

The public security organs to hunt wanted or approval, and decided to arrest the escaped criminal suspects, defendants, technical investigation measures can be taken to hunt the necessary.

Article 255th Technical Investigation Measures refers to recording monitoring, monitoring, communication monitoring, places where control measures such as the implementation of a districted city level above the public security organs shall be responsible for the Department of technical investigation.

Application of technical investigation measure is the criminal suspect, defendant and criminal activities directly related personnel.

Article 256th Need to adopt the measures of technical investigation, technical investigation measures should be made to adopt the report, report districts of the city level and above the head of a public security organ for approval, making technical investigation measures decision.

Department of the people's Procuratorate decided to adopt the measures of technical investigation, to the public security organs from executed, handle the relevant procedures established by the city district level above the public security organs in accordance with the provisions, in charge of technical investigation department, and notify the people's Procuratorate of executive departments etc..

Article 257th The approval to take measures of technical investigation decision from the date of the issuance of three months effective.

Within the validity period, do not need to continue to take the measures of technical investigation, the case handling department shall promptly notify the responsible technical investigation department relieves technical investigation measures; responsible for the technical investigation departments that need to terminate the measures of technical investigation, reported to the approval organ for approval, termination decision making measures of technical investigation, and promptly notify the case department.

For complex, difficult cases, take effective measures of technical investigation period expires still need to continue to take the measures of technical investigation, technical investigation by the responsible department after the audit, reported to the approval organ for approval, making longer term decision of technical investigation measures. The approval for the extension, each time shall not exceed three months.

The expiry of the valid term, is responsible for the technical investigation departments shall immediately lift the measures of technical investigation.

Article 258th Adopt the measures of technical investigation, should be strictly in accordance with the approved measures, applicable objects and limit types.

During the period of validity, need to change the types of technical investigation measure or applicable objects, should be in accordance with the provisions of article 256th shall apply for approval to.

Article 259th Adopt the measures of technical investigation to collect materials can be used as evidence in criminal proceedings. Using technical investigation measures collected material as evidence, may endanger the personal safety, or have other serious consequences, shall adopt technology equipment, detection method is not exposed to relevant personnel identification and use of protection measures such as.

Adopt the measures of technical investigation to collect materials used as evidence, technical investigation measures decision shall be attached.

Article 260th Adopt the measures of technical investigation to collect materials, should be strictly in accordance with the relevant provisions of storage, can only be used for crime investigation, prosecution and trial, shall not be used for other purposes.

Adopt the measures of technical investigation collection has nothing to do with the case materials, must be destroyed, and make a record of the destruction.

Article 261st The investigators state secrets, to know to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential.

Public security organs to take measures of technical investigation according to law, the relevant units and individuals shall cooperate with the relevant information, and shall keep secret.

Article 262nd In order to find out the truth, when necessary, by the public security organ at or above the county level may be specified by the person responsible for the decision, investigation personnel or the public security organ and other personnel conceals identity the investigation.

Latent capacity investigation, shall not be used to motivate others to produce the criminal intent induce others to crime, not methods may endanger public safety or serious personal danger.

Article 263rd The payment of goods prohibited drugs or property crimes, in order to find out the involved in the crime and the criminal facts, according to the investigation by the public security organ at or above the county level, the person responsible for the decision, implementation of controlled delivery.

Article 264th Public security organs in accordance with the provisions of this section to implement anonymous investigation and controlled delivery of material collected in the criminal procedure can be used as evidence.

Using anonymous investigation and controlled delivery of material collected as evidence, may endanger the personal safety of hidden identity, or may have other serious consequences, shall take no exposure related personnel identity protection measures such as.

The eleventh section PassJi

Article 265th Criminal suspect who should be arrested a fugitive, a public security organ may issue a warrant, take effective measures, hunt him down.

At or above the county level public security organs in the areas under their jurisdiction, arrest warrant can be issued; areas beyond their jurisdiction, shall be reported to the superior public security organs have the right to decide the release.
Wanted to send the range, by the public security organ of the person responsible for the decision to issue a warrant.

Article 266th Warrant should as far as possible, that is wanted by the person's name, alias, Ceng Yongming, nickname, gender, age, nationality, native place, place of birth, residence, place of residence, occupation, identity card number, dress and appearance, accent, habits, and wanted one recent photo, can be attached to the fingerprint and other evidence photos. Except for matters must be kept confidential, shall state the time, place and the incidence of brief case.

Article 267th After a warrant was issued, if it is found that the important new can be replaced. Notification must indicate the number and date of the warrant.

Article 268th The public security organs to arrest warrant, it shall timely arrangement investigation. The suspects were arrested, reported to the public security organ at or above the county level is responsible for the approval of people, by warrant or relevant legal documents and notify the detention, arrest warrant issued organ for verification, to handle the transfer procedures.

Article 269th Need to take the suspect in the port side of the control measures, should be in accordance with the relevant provisions of the notice to make border control object, the public security organ at or above the county level is responsible for examination, approval of the provincial public security organ for approval, nationwide edge control measures. The need to limit the personal freedom of suspects, shall be attached to the relevant legal documents.

In case of emergency, need to take the side of control measures, the public security organs at or above the county level may issue an official letter, the first to the local checkpoint control, but shall within seven days for a nationwide and in accordance with the provisions of procedure control measures.

Article 270th As the major crime clues, pursue the property involved in the case, the evidence, the crime suspect, when necessary, by the public security organ at or above the county level shall be responsible for the approval of people, can post a reward.
The specific amount of the reward shall clearly state the reward of the basic and bounty.

Article 271st The arrest warrant, the reward shall be widely posted, and can be released through radio, television, newspaper, network etc..

Article 272nd After verification, the suspect has been surrendered, have been killed or captured, and found that there are other do not need to take wanted, border control, reward situation, issuing authority should be in the original wanted, notice, range, revoke the warrant, border control, reward notice.

Article 273rd Wanted to escape from prison the criminal suspect, defendant or criminal, shall be governed by the relevant provisions of this section.

The twelfth section The conclusion of the investigation

Article 274th Concluded its investigation of a case, it shall meet the following conditions at the same time:

(a) the case facts are clear;

(two) indeed, sufficient evidence;

(three) charges and property crime correctly;

(four) the legal formalities;

(five) shall be investigated for criminal responsibility according to law.

Article 275th Concluded its investigation of a case, the investigators shall prepare a final report.

The case report shall include the following contents:

(a) the basic situation of criminal suspects;

(two) whether the mandatory measures taken and the reasons;

(three) the facts of the case and evidence;

(four) the legal basis and the processing opinion.

Article 276th Processing investigation cases, by the public security organ at or above the county level is responsible for the approval of people; major, complex, difficult cases shall be subject to the collective discussion.

Article 277th The conclusion of the investigation, all the materials shall be in accordance with the requirements of binding and filing.

To the people's Procuratorate to the case, only to the proceedings volume, the volume by the public security organs filed for the record.

Article 278th The sealed up, detained the suspect's property and its fruits, documents or freezing of property, used as evidence, shall be transferred together with the case, and with the case list two copies, one copy to be retained, a people's procuratorate.

For real unsuitable to be transferred, it shall be lists, photos and other documents of certification with the case. The people's court verdicts, according to the notice of the people's court, turned over to the state treasury or shall be returned to the people's court, and sent to the receipt. Untreated made by the people's court shall solicit the opinions, the people's court, and dealt with in accordance with the law of the people's court decision.

Article 279th The concluded its investigation of a case, shall make the prosecution of submissions, the principal of the public security organ at or above the county level approval, together with the entire case file material, evidence, and the views of defence counsel, shall be handed over to the people's Procuratorate for examination and decision; at the same time to transfer the case to the situation told the criminal suspects and their counsel.

Article 280th Opinion recommending prosecution cases of common crime, shall indicate the position, each suspect in the crime, the specific role of guilt and confession attitude, and then put forward the suggestion.

Article 281st The victim brings a civil suit collateral, should be documented; transferred for examination before prosecution, it shall be indicated in the prosecution of submissions to the end.

Article 282nd The people's Procuratorate made the decision not to initiate a prosecution, if the criminal suspect in custody, the public security organ shall immediately apply for release procedures, according to the written notice people's Procuratorate lifting attachment, seizure, freezing the property, lifting attachment, seizure, freezing time.

The opinions of the prosecutors not to be prosecuted for administrative punishment, administrative punishment or confiscate their illegal income to the people's Procuratorate, transferred to the public security organs, the public security organ shall notify the people's Procuratorate treatment results in a timely manner.

Article 283rd That the people's Procuratorate decided not to prosecute is wrong, should be in receipt of the decision not to initiate a prosecution within seven days after making the request reconsideration opinions, by the public security organ at or above the county level shall be responsible for the approval, to the people's Procuratorate at the same level for reconsideration.

Calls for a reconsideration of the opinion is not accepted, can receive the people's Procuratorate of the reconsideration decision within seven days after making the request of review opinions, by the public security organ at or above the county level shall be responsible for the approval of the people's Procuratorate, together with the decision of reconsideration, together to review the upper level people's procuratorate.

The thirteenth section Supplementary investigation

Article 284th The conclusion of the investigation, to the people's Procuratorate for examination and prosecution of the case, the people's Procuratorate to the public security organ for supplementary investigation, the public security organs were returned by the people's Procuratorate legal documents, shall be in accordance with the supplementary investigation outline within one month after the supplementary investigation.

Supplementary investigation is limited to two times.

Article 285th If the people's Procuratorate of the supplemental investigation cases, according to the different situation, report to the public security organ at or above the county level shall be responsible for the approval of people, were treated as follows:

(a) the original crime clear, evidence is insufficient, should be in after additional evidence, make supplementary investigation report to the people's Procuratorate,; not for additional evidence, it shall make an explanation;

(two) in the supplementary investigation process, the discovery of new accomplice or new crimes, criminal responsibility, should be produced to the prosecution of submissions, transferred to the people's Procuratorate for examination and;

(three) found that the original crime fact has significant changes, should not be held criminally responsible, should be re put forward opinions, and the results will inform the people's Procuratorate check back;

(four) the identification of the criminal facts are clear, the evidence is reliable and sufficient, the people's Procuratorate supplemental investigation is improper, it shall explain the reasons, the people's Procuratorate for examination and.

Article 286th For the people's Procuratorate in the prosecution process and in the people's court verdicts, request the public security organ to provide the evidence necessary for trial in court, it shall timely collect and provide.

The ninth chapter Execution of criminal punishments

The first section The delivery

Article 287th To be legally punished by criminal, if he has been forced to take measures, the public security organ shall, according to the people's court effective judgment, ruling, the notice of execution, the criminals executed.
A not guilty or exempted from criminal punishment decision of a people's court, if the accused in custody, the public security organ shall immediately apply for release procedure in legal documents received after the corresponding; to the people's court advice given administrative processing, should be in accordance with the relevant provisions of treatment or transferred to the relevant departments.

Article 288th The criminals sentenced to death, the public security organ shall, according to the people's court orders of execution, the criminals to be executed by the people's court.

Article 289th Public security organs from the people's court in effect sentence suspended for two years, life imprisonment, the prison court verdict, ruling and enforcement notice, shall, within one month of the criminals to prison.
For juvenile delinquents shall be sent to the juvenile correctional penalty execution.

Article 290th To be sentenced to criminal punishment, was executed, the remaining term of his sentence in the following three months, by the detention house according to the judgment of the people's court for execution.

Sentenced to criminal detention, performed by the.

Article 291st Sentenced to control, probation, parole or temporary execution outside Prison Criminals, has been in custody, the detention house to community correction mechanism.

Sentenced to deprivation of political rights of criminals, is responsible for the local police station criminal.

Article 292nd To be sentenced by the guards for execution and sentenced to criminal detention, execution period if not to commit new crimes, upon completion of execution of the sentence, shall be issued a certificate of release of detention.

Article 293rd The public security organs in the execution of criminal punishments, 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.

The second section Commutation, parole, the temporary execution outside prison

Article 294th To leave the offender in accordance with the executive, commutation condition, commutation proposals made by the guards, the districts of the city at or above the level of the public security organ for examination and approval, report to the local intermediate people's Court of audit decision.

Article 295th To leave the offender the execution, parole conditions, produced by the proposal for parole, the districts of the city at or above the level of the public security organ for examination and approval, report to the local intermediate people's Court of audit decision.

Article 296th According to the law for offender executed, any of the following circumstances, can the temporary execution outside prison:

(a) have a serious need for medical treatment;

(two) pregnant or breast-feeding her baby;

(three) the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community.

The criminals the temporary execution outside prison, the detention house shall present a written opinion, approved by the districts of the city level and above the public security organ, the people's Procuratorate at the same level copy written comments.

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.

The criminal is a serious disease, must be released for medical treatment, the hospital diagnosis and issue the documents designated by the people's government at the provincial level.

Article 297th The decision of the public security organ of criminals in the temporary execution outside prison, the temporary execution outside prison shall be decided by the letter of the temporary execution outside Prison Criminals and responsible for the execution of sentence outside prison community correction agencies, and shall send a copy to the peoples procuratorate at the same level.

Article 298th Approval of the public security organ of the temporary execution outside prison to the people's Procuratorate believes that the temporary execution outside prison improper opinion, should be re verification of the temporary execution outside prison decided.

Article 299th The temporary execution outside Prison Criminals, one of the following circumstances, the public security organs approved the temporary execution outside prison shall make a decision of prison execution:

(a) is found not to conform to the temporary execution outside prison conditions;

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

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

For the temporary execution outside prison prison execution of criminal decision, by the temporary execution outside prison to the the criminal is put in prison execution.

Do not meet the conditions of the temporary execution outside prison through bribery and other illegal means by the temporary execution outside prison, or a criminal in the temporary execution outside prison during the escape, the criminals jailed after execution, the detention house shall put forward suggestions are not included in the prison, the districts of the city at or above the level of the public security organ for examination and approval, report to the local intermediate people's Court of audit decision.

The third section Deprivation of political rights

Article 300th Responsible for the implementation of deprivation of political rights of the police station shall be in accordance with the people's court verdict, to the criminal and his unit, residence base organization announced that its criminal facts, the term of deprivation of political rights shall comply with the provisions, and during the execution of criminals.

Article 301st Deprived of political rights of criminals should abide by the following rules during execution:

(a) to comply with the relevant provisions of the state laws, administrative regulations and the Ministry of public security, supervision management;

(two) shall enjoy the right to vote and to be elected;

(three) shall organize or participate in the rally, parade, demonstration, the association activities;

(four) may not be published, making, book publishing, audio and video products;

(five) shall not accept interview, speech;

(six) shall be published in domestic and foreign national honor, lossy speech interests or other is harmful to the society;

(seven) may not hold a position in state organs;

(eight) no leadership positions as State-Owned Company, enterprises, institutions and people's organizations.

302nd deprived of political rights of offenders in violation of the provisions of the provisions of article 301st, does not constitute a new crime, the public security organ may give the public security administrative punishment according to law.

303rd deprived of political rights of criminals, upon completion of execution of the sentence, the public security organ shall notify in writing the I units and organizations at the grassroots level, place of residence.

The fourth section Treatment of having committed a crime

Article 304th To keep the offender executed, new crimes committed in the temporary execution outside prison during the crime, the public security organs placed on file for investigation, and notify the approval authority. Approval authority make commitment to prison after the decision, should according to the investigation, trial needs, by the criminal detention or temporary execution outside prison to guard the prison execution.

Article 305th Deprived of political rights, control, probation and parole criminals new crimes committed during the period of execution, a crime to the public security organ for investigation.
To keep the offender executed for committing new crimes, parole was abolished, should according to the investigation, trial needs, by the criminal detention or detention in prison execution of the original implementation.

The tenth chapter The special procedure

The first section A minor procedure of criminal case

Article 306th The public security organs for minor criminal cases, the implementation of education, probation, save policy, giving priority to education, supplemented by the principle of punishment.

Article 307th The public security organs for minor criminal cases, should guarantee minors to exercise their litigation rights and legal help, reputation and privacy protection of minors in accordance with the law, respect for their dignity.

Article 308th The public security organ shall set up specialized agencies or professional personnel handling minor criminal cases.

The minor criminal cases should be familiar with the physical and mental characteristics of minors, doing minor ideological education work, have certain experience in handling cases of personnel management.

Article 309th The minor suspects counsel did not entrust, the public security organ shall inform the legal aid institutions appoint lawyers to defend the.

Article 310th The public security organs handling minor criminal cases, the critical age should be the emphasis put on the juvenile criminal suspects to carry out criminal acts has over fourteen years of age, sixteen years of age, eighteen years of age.

Article 311st The public security organs for minor criminal cases, according to the situation of the juvenile criminal suspects growth experience, the causes of crime, care education were investigated and making a survey report.

Make a survey report, in the request for approval of arrest, transferred for examination before prosecution, should be combined with the comprehensive consideration, and will report and the materials to be transferred to the people's procuratorate.

Article 312nd Interrogation of the juvenile criminal suspects, it shall notify the minor suspects legal agent at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives may also notify the juvenile criminal suspects, on behalf of the local schools, units, place of residence or juvenile protection organizations of the scene, and relevant information shall be recorded. Present legal representative may exercise procedural rights of juvenile suspects.

The present legal representative or other personnel to put forward the case handling personnel infringes the lawful rights and interests of the minors in the interrogation, the public security organ shall carefully check, in accordance with the law.

Article 313rd Interrogate juvenile suspects should take suitable for minors, patiently and carefully listen to the statements or justification, careful verification, verification and relevant case evidence and clues, and the ideological concerns, fear, resentment of persuasion and education.

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

Article 314th Transcripts of interrogation shall be the juvenile criminal suspects, the present legal representative or other personnel to read or read out to them; there are objections to record content, should be clearly verified, to correct or supplement.

Article 315th Ask the juvenile victims, witnesses, applicable to the provisions of article 312nd, article 313rd, the provisions of article 314th.

Article 316th The juvenile suspects should be strictly limited and minimize the use of arrest measures.

The minor suspects detained, arrested, according to law, subject to the management of change coercive measures without danger to the society, can guarantee the normal proceedings, the public security organ shall change the compulsory measures in time; the people's Procuratorate approved the arrest of the case, the public security organs should be will change coercive measures timely notify the people's procuratorate.

Article 317th The juveniles in custody shall be separately held and adults, respectively, education and management respectively, according to their physiological and psychological characteristics in life and learning to care.

Article 318th The people's Procuratorate made conditional on minors, the decision not to initiate a prosecution before the public security organs, listen to the views, the public security organ shall put forward written opinions, by the public security organ at or above the county level shall be responsible for the approval of people, to the people's Procuratorate at the same level.

Article 319th Think of the people's Procuratorate made the decision not to initiate a prosecution is wrong, should be in receipt of the decision not to initiate a prosecution within seven days after making the request reconsideration opinions, by the public security organ at or above the county level shall be responsible for the approval of people, to the people's Procuratorate at the same level for reconsideration.

Article 320th The minor crime while under the age of eighteen, was sentenced to the punishment of five years, the public security organ shall, according to the people's court has the effective judgment, the minor criminal record to be sealed.

Criminal records are sealed, in addition to judicial organs for handling needs or the relevant units according to the provisions of the state for query, the public security organ shall not be provided to any other units and individuals.

Mothballed criminal record of minors, if discover leaks the crime, and sentenced to more than five years of punishment, shall cancel the sequestration of his criminal record.

Article 321st For minor criminal cases, except for the provisions of this section have, in accordance with the other provisions of this regulation.

The second section The parties reconciliation in cases of public prosecution procedure

Article 322nd The following cases of public prosecution, criminal suspects sincere repentance, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary reconciliation, the public security organ at or above the county level shall be responsible for the approval of public prosecution cases according to law, as the parties reconciliation for:

(a) caused by civil disputes, suspected of criminal law the fourth chapter, the fifth chapter stipulated crime, may be sentenced to three years in prison following the penalty;

(two) in addition to outside of the malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases.

The suspect within five years had intentionally the crime, not as a case of public prosecution for mediation.

Article 323rdAny of the following circumstances, does not belong to criminal cases caused by civil disputes:

(a) plot to harm others;

(two) the crime of the underworld organization involved;

(three) relates to stir up trouble;

(four) relates to affray;

(five) times deliberately hurt others body;

(six) the other is reconciliation.

Article 324th Reconciliation, the public security organ shall examine whether the facts are clear, the victim is voluntary and compliance with the provisions of the conditions.

The public security organs for examination, shall listen to the opinions of both parties, and the record; when necessary, the parties can listen to relatives, local residents or villagers committee committee personnel and other relevant personnel to understand the circumstances of the case of opinion.

Article 325th Reconciliation, the public security organ shall, presided over the production settlement agreement, and the parties and other participants signature.

A minor party in the minor parties, the legal agent or other adult relatives should be present.

Article 326th The settlement agreement shall include the following contents:

(a) the basic facts of the case and the main evidence;

(two) the suspect admitted his crimes, the facts of the crime accused no objection, sincere repentance;

(three) is forgiven by the victim criminal suspects, the victim by apologizing to make compensation for losses; involving compensation for losses, damages, shall specify the manner; to file an incidental civil action, the plaintiff of the supplementary civil action withdrawing the incidental civil action;

(four) victims voluntary reconciliation, request or consent from the suspect punishment according to law.

The settlement agreement shall timely perform.

Article 327th To reach a settlement agreement cases, the principal of the public security organ at or above the county level for approval, the public security organs to transfer the case to the people's Procuratorate for examination and prosecution, can put forward to lenient treatment recommendations.

The third section The suspect escaped death cases of illegal income, the confiscation of the program

Article 328th Any of the following circumstances, in accordance with the provisions of the criminal law shall be recovered and the illegal income and other properties involved in case, the public security organ at or above the county level shall be responsible for the approval of the public security organ shall write down, confiscate the illegal income opinions, together with the relevant evidence materials shall be handed over to the people's Procuratorate at the same level:

(a) the terrorist activities crime and major crime, criminal suspects escape, on the wanted not after one year to case;

(two) the death of suspects.

The criminal suspect died, the existing evidence to prove the existence of illegal income shall be confiscated and other properties involved in the investigation, the public security organ may. The police investigation, can be carried out in accordance with attachment, seizure, freezing, query.

Article 329th The confiscation of illegal income opinions shall include the following contents:

(a) the basic situation of criminal suspects;

(two) the facts of the crime and the relevant evidence materials;

(three) the suspects escape, is wanted or death;

(four) species, quantity, location of the illegal income of criminal suspects and other properties involved in case;

(five) the seizure, seizure, freezing conditions.

Article 330thThe public security organs shall be confiscated of the illegal income opinions to the people's Procuratorate, the escaped criminal suspects surrendered or captured, the public security organ shall notify the people's Procuratorate at the same level.

The fourth section The mental patient does not bear criminal responsibility according to the law of compulsory medical procedures

Article 331st Public security organs found in violence, endangers public security or serious harm to the personal safety of the criminal suspect, the mental patient may not bear criminal responsibility according to law, shall be carried out to identify the mental disease.

Article 332nd The mental patient to legal procedures shall not bear criminal responsibility identification, continue to endanger the society, comply with the compulsory medical conditions, the public security organ shall, within seven days to write compulsory medical opinion, by the public security organ at or above the county level shall be responsible for the approval of people, along with the relevant evidence materials and expert opinions shall be handed over to the people's Procuratorate at the same level.

Article 333rd The mental patient to violence, in the decision of a people's court for compulsory medical treatment before, by the public security organ at or above the county level for approval, the public security organ may take protective measures to restrain the temporary. When necessary, can be sent to a mental hospital.

Article 334th Take protective measures to restrain a temporary, shall be kept on the patients with schizophrenia, and note the constraint approach, method and strength, to avoid and prevent harm to others and the mental patient's own safety limit.

Mental patients who have no further harm to society may, without danger to the society after releasing the restrictions, the public security organ shall remove protective restraint measures timely.

The eleventh chapter Handling Coordination

Article 335th Put forward to assist in the investigation, enforcement measures and cooperation of different request the public security organs, as long as the legal formalities complete, the assisting public security organ shall timely unconditionally cooperate, shall not charge any form of expenses.

Article 336th The public security organ at or above the county level to handle criminal cases by public security organs to remote collaboration, shall make the collaborative correspondence.
At or above the county level public security organs shall be responsible for receiving the remote collaboration public security organ for cooperative communications, shall designate a competent departments for.

Article 337th The clue to the crime, is not under its jurisdiction, it shall timely transfer of jurisdiction of the public security organs or other relevant departments.

Article 338th Remote execution call, summon, enforcement personnel shall summon card, summon card, the collaborative correspondence and documents, contact and cooperation at or above the county level public security organs, the public security organ shall assist the cooperation will suspect summons, subpoena to designated locations in the city, county or interrogation to suspect residence.

Article 339th Remote execution of detention, arrest, Executive shall hold a detention warrant, warrant, collaborative correspondence and documents handling, contact and cooperation at or above the county level public security organs, the public security organ shall send personnel to cooperate to assist in the implementation of.

Article 340th Commissioned by the public security organ to perform off-site detention, arrest, detention, arrest warrant shall permit, the collaborative correspondence to the assisting public security organ.

Has been decided to detention, arrest suspects at large, can through the network platform release the suspect related information, a detention warrant or arrest warrant. The public security organs found online fugitives, shall immediately organize the arrest.

In collaboration with the public security organs criminal suspects arrested, commissioned by the public security organ shall notify immediately. Entrusted by the public security organ shall immediately carry legal documents in the solution, the solution of the investigatory personnel shall not be less than two.

Article 341st While the public security organ for investigation of criminal suspects identity, age, experience and other conditions of the criminal investigation, the public security organs after receiving the notice shall within seven days of the investigation results to inform the public security organs request investigation; remote area traffic is very inconvenient, shall within fifteen days of the investigation results, notify the public security organ for investigation.

While the public security organs requested the assistance of investigation or inquiry criminal information, data, the assisting public security organ shall timely investigation and feedback.

Article 342nd Need different inquiries, seizure, seizure or freezing of crime related property, file, executives should hold the legal documents, the collaborative correspondence and documents handling, communication and cooperation between the public security organs at or above the county level, in collaboration with the public security organ shall assist the executive.
In case of emergency, the case handling collaborative correspondence and related legal instruments telex to collaboration at or above the county level public security organs, the assisting public security organ shall timely take measures. Entrusted by the public security organ shall immediately sent to the collaborative management.

Article 343rd For non performance of the environment causing serious consequences, the directly responsible person in charge and other directly responsible personnel, shall be given administrative sanctions; constitute a crime, shall be investigated for criminal responsibility according to law.

Article 344th Collaboration between public security organs in accordance with the public security organ for collaboration requirements, legal responsibility arising from handling coordination duties, shall be borne by the public security organs for collaboration.

The twelfth chapter Foreigners for crime

Article 345th Foreigners for crime, should be strictly in accordance with China's laws, regulations and rules, safeguard national sovereignty and national interests, and in the principle of reciprocity based on the implementation of international treaties, China's obligations.

Article 346th Foreign criminal suspects in Criminal Procedure Law of our country, enjoy the right of action, and undertake corresponding obligations.

Article 347th Foreign nationality of the suspects, confirm with valid documents to use at the time of entry; unidentified, by the exit entry administration department to help to find out. Nationality did not identify, treat with stateless persons.

Article 348th Confirmation of foreign criminal suspects, in accordance with the relevant international treaties or through the International Criminal Police Organization, police cooperation channel management. Did not find out, can by the name to the people's Procuratorate for examination and prosecution.

Article 349th The suspect for foreigners enjoy diplomatic or consular privileges and immunities shall be reported level by level, the Ministry of public security, and informed the Foreign Affairs Office of the people's government at the same level, by the public security department asked the Ministry of foreign affairs through diplomatic channels.

Article 350thThe public security organs for foreigner crime cases using the universal language of the people's Republic of china. Criminal suspects are not familiar with Chinese language, the public security organ shall, for his translation.

Article 351st The foreigner crime, by the public security organ at the county level or above of criminal investigation.

Article 352nd Foreigners are made in accordance with the international treaties concluded or acceded to by the people's Republic of China after entering the crimes within the territory of China, the foreigner is captured in the districts of the city at or above the level of the public security organ for investigation.

Article 353rd Foreigners in the territory of the people's Republic of China aboard a ship or aircraft landing by crime, crime occurred after the first berth ship or aircraft or above the county level public security organs, the destination port at the county level or above China traffic of civil aviation security organ or the foreigner residence investigation; no traffic or the civil aviation public security organs, the jurisdiction of the local public security organs.

Article 354th Foreigners who commit crimes in the international train, at or above the county level public security organs above China station is located, the destination of the railway public security organs by the crime occurred after the train initially docked or the foreigner residence investigation.

Article 355th Foreigners in the territory of the people's Republic of the people's Republic of China or the citizens crime, shall be punished by the public security organs above, the alien or entry residence county-level investigation; the foreigners without entry, by the public security organ at the county level above the residence investigation; no victims or to criminal law of the people's Republic of China, by the public security department designated jurisdiction.

Article 356th The occurrence of major or may cause foreign diplomatic representations of the crime, the public security organ at the provincial level shall timely report the cases to handle the Ministry of public security, and informed the Foreign Affairs Office of the people's government at the same level. When necessary, the Ministry of public security, the Ministry of foreign affairs by the business case to inform the Chinese Embassy, consulate.

Article 357th Make foreign nationality in accordance with the law, the criminal suspect bail to residential surveillance decision or execution of detention, arrest, shall within forty-eight hours via the provincial public security organ, and informed the Foreign Affairs Office of the people's government at the same level.

Major cases involving foreign element shall be within forty-eight hours via the Ministry of public security, and informed the Foreign Affairs Office of the people's government at the same level.

Article 358th Make foreign nationality in accordance with the law, the criminal suspect bail to residential surveillance decision or execution of detention, arrest, the public security organ at the provincial level according to the relevant provisions, the name, gender, time of entry, passport or ID number, case occurred at a time, place, the main facts of a crime, the compulsory measures have been taken and its legal basis. Notice the foreigners, the country of the embassy, consulate, and report to the Ministry of public security. Approved by the provincial public security organ, consular notification task heavier deputy provincial city public security bureau can directly exercise consular notification function.

Foreigners were killed during the investigation by the public security organ or punishment, the public security organ at the provincial level shall notify the foreign country's embassy, consulate, and report to the Ministry of public security.

Embassy, consulate has not established in China, can notify the hosting country Embassy, consulate; no escrow escrow countries countries or unknown, can not notice.

Article 359th Foreign criminal suspects defender entrusted, shall entrust the practice in the people's Republic of China law firm lawyers.

Article 360thInvestigation by the public security organ before the end, foreign diplomatic, consular officials asked to visit by their citizens to residential surveillance, detention, arrest or detention sentence is, shall make arrangements for visiting. The suspect denied their country of citizenship diplomatic, consular officials visiting, the public security organ may not arrange, but should be by himself to make the written declaration.

The period of detention in the investigation by the public security organ, the approval of the public security organs, foreign criminal suspect may be their close relatives, guardians, communication with the outside world.

Article 361st Sentenced to deportation application independent penalty of foreigners, the provincial public security organ in receipt of criminal judgment, the people's court shall execute a copy of the notice, a city level public security organs to specify the location of the execution of foreigners.

Foreigners were sentenced to prison punishment execution, after the expiration of supplementary punishment shall execute the deportation, the provincial public security organ to the superior departments in charge of the execution of prison received the notice of execution of criminal judgments, copy or photocopy, shall be located in the city district level public security organs to specify the location of the execution of foreigners.

The Chinese government has been in accordance with the provisions of the international treaty or "people's Republic of China on diplomatic privileges and immunities", the implementation of crime, foreigners but enjoy diplomatic or consular privileges and immunities declared persona non grata, or unacceptable and refuses to recognize the identity of its diplomatic or consular staff, ordered deadline exit people if it fails, automatically exit without justifiable reasons, by the Ministry of public security on the provincial public security organ foreign ministry document specifies the location of the responsible for foreigners or supervise the implementation.

Article 362nd Foreigners for crime, not covered in this chapter, these Provisions shall apply the relevant provisions in the other chapters.

Article 363rd For stateless people criminal case, the provisions of this chapter shall apply.

The thirteenth chapter The criminal judicial assistance and cooperation in Police Affairs

Article 364th The Ministry of public security is the public security organs of the central competent authority of criminal judicial assistance and police cooperation, in the relevant international treaty, agreement, diplomatic contact way or the international criminal police organization channel, receive or criminal judicial assistance or policing cooperation request to foreign.

Local public security organs in accordance with the division of responsibilities for the transaction and police cooperation affairs judicial assistance in criminal cases.

Other judicial organs in handling criminal cases, need foreign police assistance, handled by the central competent authority and public security department.

Article 365th The public security organs to carry out the scope of criminal judicial assistance and police cooperation, including the exchange and cooperation in criminal intelligence information, investigation and evidence collection, service of criminal litigation documents, transfer of material evidence, documentary evidence, audiovisual or electronic data as evidence, extradition, arrest and deportation commits other criminal judicial assistance and policing cooperation the crime suspect, accused person or the criminals and international treaty, agreement.

Article 366th In does not violate the premise of relevant international treaties, agreements and laws of China, China's border areas in a city level public security organs and public security organs at the county level and the adjacent state police, according to the practice of law enforcement meeting, personnel exchanges, border control, intelligence information exchange and police cooperation, but shall be approved report to the public security organ at the provincial level, and report to the Ministry of public security for the record.

Article 367th The public security department received foreign criminal judicial assistance or police cooperation request, the examination shall be conducted on the basis of our laws and international treaties, the provisions of the agreement. In line with the provisions of, pay for the provincial public security organ, or transferred to other relevant competent authority of the central government; to does not conform to the provisions of the treaty or agreement, return the requesting party by way of receiving the request.

Article 368th Responsible for the public security organs to implement the criminal judicial assistance or policing cooperation received the request and the attached material, should be in accordance with the laws of China and the relevant international treaties, agreements and arrangements to implement, it will execute and related materials submitted to the provincial public security organ after the audit report Abe.

In the implementation process, need to query, attachment, seizure, freezing and other measures, can be executed according to the notification of the Ministry of public security shall handle the relevant formalities.

A request to provide inaccurate information or material is not complete difficult to perform, by requiring the provincial public security organ shall immediately reported to the public security department requesting supplementary materials; for other reasons is unable to perform or shall not refuse to help, cooperation and execution, shall request and the attached material, together with the reasons through cannot be executed the provincial public security organ submitted to the Ministry of public security.

Article 369th Execution of criminal judicial assistance and police cooperation, the request with for the period, should be completed on schedule. Not attached for the period, investigation and evidence collection shall be completed within three months of service; criminal litigation documents, shall be completed within ten days. Can not be completed on schedule, shall explain the situation and reason, report the Ministry of public security.

Article 370thTo request foreign police criminal judicial assistance or police cooperation, in accordance with the provisions of relevant international treaties, protocols proposed criminal judicial assistance or police cooperation request, the attached file and the corresponding translation, by the provincial public security organs audit submitted to the Ministry of public security.

Article 371st Through the International Criminal Police Organization to arrest the suspect, defendant or criminal, querying data, investigation and evidence collection, shall apply the International Criminal Police Organization report Chinese National Central bureau.

Article 372nd The public security organ to provide or request foreign offers of criminal judicial assistance or police cooperation, should be charged or paid, in accordance with the provisions of relevant international treaties, agreements, or in accordance with the principle of reciprocity for consultation.

Article 373rd For the extradition case, in accordance with the legal provisions and the relevant treaty implementation.

The fourteenth chapter AttachedThen

Article 374th The term "crimes of endangering national security, including" the crime of endangering national security criminal law chapter and other crimes of endangering national security; "terrorism crime", including to create social panic, endangers public security or stress state agencies, international organizations for the purpose, to violence, destruction, intimidation and other means, causing or attempting to cause casualties, major property damage, damage to public facilities, social disorder and other serious harm to the society of crime, and incite, funding or assisting the activities of crime.

Article 375TH The parties and their legal representatives, agents ad litem, defence lawyers to review review request, handled by the legal department of the public security organ.

Article 376th These Provisions shall go into effect as of January 1, 2013. Released in May 14, 1998, "the public security organs shall handle criminal cases" (Ministry of public security order No. thirty-fifth) and the October 25, 2007 release of "the public security organs shall handle criminal procedure amendment" (Ministry of public security order No. ninety-fifth) shall be repealed simultaneously.