201

The entire court proceedings, shall be made by the clerk shall make a written record of the presiding judge, after review, signed by the judge and the court clerk.

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

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

-- 167th -- 96 years of criminal procedure law [a]

202

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

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

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

-- 168th -- 96 years of criminal procedure law [a]

The people's court shall, after accepting a case of public prosecutionIt's been two monthsWithin the sentence, not later thanThree months.For the death penalty cases or incidental civil litigation cases, andThere are 156th under one of the circumstances stipulated in this law, theOn the levelThe people's court approval, canAn extension of three months;Because of special circumstances need prolonged, submitted to theHighestThe approval of the people's court.

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

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

203

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

-- 169th -- 96 years of criminal procedure law [a]

204

Cases of private prosecution include the following:

(a) to be handled the cases;

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

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

-- 170th -- 96 years of criminal procedure law [a]

205

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

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

(two) the lack of evidence of a case of private prosecution, if the private prosecutor no supplementary evidence, should persuade him to withdraw his prosecution, or rule to reject the.

The private prosecution by the two summoned according to law, refuses to appear in court, or midway without permission by the court may, by withdrawing treatment.

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

-- 171st -- 96 years of criminal procedure law [a]             (2012Refer to the new criminal procedure law for "article191")

206

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

-- 172nd -- 96 years of criminal procedure law [a]

The people's court in a case of private prosecution, mediation may be conducted; private prosecution before a judgment is pronounced, can arrange a settlement with the defendant or withdraw his prosecution. The provisions of this law the third mediation is not suitable in 204th cases.

  "The people's court private prosecution deadline, the accused in custody, this Law shall apply to the first paragraph of article 202nd, paragraph second; not in custody shall, after acceptingIt's been six monthsWithin a sentence.

207

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

-- 173rd -- 96 years of criminal procedure law [a]

208

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

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

(two) to be handled the cases;

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

-- 174th -- 96 years of criminal procedure law [a]

Under the jurisdiction of the grassroots people's court cases, in accordance with the following conditions, may be applicableSimple and easyThe procedure for trial:

(a)The case facts are clear, the evidence sufficient;

(two) the accused confess their crimes, the facts of the crime accused no objection;

(three) the defendant has no objection to the application of summary procedure. The people's Procuratorate, the people's court apply summary procedure can be recommended.

209

Any of the following circumstances, does not apply summary procedure:

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

(two) have a significant social impact;

(three) cases of common crime in the part of the defendants not guilty or has any objection to the application of summary procedure;

 (four) other summary procedure is not appropriate for the trial.

210

Application of simple procedure in public prosecution case, the people's Procuratorate may send no procurators to the court. The defendant may make a statement and defense indictment alleged crime. The people's Procuratorate sends procurators to the court, with permission of the judges, the defendant and his counsel may debate with the public prosecutor.

-- 175th -- 96 years of criminal procedure law [a]

Summary procedure applies to the trial of cases, theBe sentenced to the punishment of three years, can be formed a collegiate bench trial, also may be tried by a single judgeYesMay be sentenced to a prison term of more than three years, shall form a collegial panel trial.

Application of simple procedure in public prosecution case, the people's Procuratorate shall send representatives to attend the court.

211

Summary procedure applies to the trial of cases, the judges shall ask the defendant to the facts of the crime accused opinion, inform the defendant under the law applicable to the summary procedure, to confirm whether the defendant agreed to hear the summary procedure applies.

212

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

-- 176th -- 96 years of criminal procedure law [a]

Summary procedure applies to the trial of cases, with permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem.

213

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

-- 177th -- 96 years of criminal procedure law [a]

Summary procedure applies to the trial of cases, not subject to the first section of this chapter on the deadline, interrogate the defendant, questioning the witnesses, authenticators, show under the court debate procedure evidence, limitation. However, before the judgment is pronounced, listen to the final statement of the defendant shall be.

214

Summary procedure applies to the trial of cases, the people's court shall conclude the trial of the case within twenty days after receiving.

-- 178th -- 96 years of criminal procedure law [a]

Summary procedure applies to the trial of cases, the people's court shall accept the case within twenty days after; in prison for more than three years on may be sentenced, can be extended to one and a half months.

215

The people's court in the trial process, found that the summary procedure is not appropriate for the trial, should anew in accordance with the provisions in Section 1 of this chapter or section second.

-- 179th -- 96 years of criminal procedure law [a]

216

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

The party in an incidental civil action and their legal representatives may be of a local people's court, the first instance judgment, ruling in the part of incidental civil lawsuit, filed an appeal. 
The defendant shall not be deprived of the right of appeal, with any excuses.

-- 180th -- 96 years of criminal procedure law [a]

217

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

-- 181st -- 96 years of criminal procedure law [a]

218

The victim and his legal representatives judgment of first instance of a local people's court, within five days after receiving the written judgment, have the right to request the people's procuratorate. Within five days after receipt of the victim and the people's Procuratorate legal agent request, shall make a decision whether to appeal and give him a reply.

-- 182nd -- 96 years of criminal procedure law [a]

219

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

-- 183rd -- 96 years of criminal procedure law [a]

220

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

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

-- 184th -- 96 years of criminal procedure law [a]

221

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

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

-- 185th -- 96 years of criminal procedure law [a]

222

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

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

-- 186th -- 96 years of criminal procedure law [a]

223

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

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

-- 187th -- 96 years of criminal procedure law [a]

The people's Court of second instance to the following cases, shall form a collegial panel, trial:

(a) the defendant, private prosecutor and his legal representatives on the first instance of facts, evidence objection, may affect the appeal the conviction and sentencing;

(two) cases of appeal against the defendants were sentenced to death;

(three) case protested by a people's procuratorate;

(four) the other shall open a court session.

The people's Court of second instance decided not to hold a hearing, it shall interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions.

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

224

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

96 -- -- to the criminal procedure law [188th]

The people's Procuratorate public prosecution case protested by a people's Court of second instance court or the people's Procuratorate at the same level, should be to send representatives to attend the court. The people's Court of second instance shall, inAfter hearing the timely decisionNotice of the people's Procuratorate to examine the case files.The people's Procuratorate shall consult the completed within one month. The people's Procuratorate to examine the case of time not included in the trial period.

225

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

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

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

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

-- 189th -- 96 years of criminal procedure law [a]

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

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

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

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

The people's court ruling in accordance with the provisions of the third items of the case remanded, the defendant appealed or protested by the people's Procuratorate, the people's Court of second instance shall make a judgment or ruling according to law, shall not be remanded by the people's court for retrial.

226

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

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

-- 190th -- 96 years of criminal procedure law [a]

The people's Court of second instance trial the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant.The people's Court of second instance remanded by the people's court to the trial of the case, in addition to the new facts of the crime, the people's Procuratorate for supplementary outside the lawsuit, the people's court shall not increase the criminal punishment on the defendant.

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

227

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

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

(two) violating the withdrawal system;

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

(four) composed of judicial organization of illegal;

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

-- 191st -- 96 years of criminal procedure law [a]

228

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

-- 192nd -- 96 years of criminal procedure law [a]   (2012Refer to the new criminal procedure law for "article216,217,218")

229

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

-- 193rd -- 96 years of criminal procedure law [a](2012Refer to the new criminal procedure law for "article225,227,228")

230

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

-- 194th -- 96 years of criminal procedure law [a]

231

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

-- 195th -- 96 years of criminal procedure law [a]

232

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

-- 196th -- 96 years of criminal procedure law [a]

The people's Court of second instance accepting a case of appeal or protest, should be in theIt's been two monthsConclude the trial of the case within. ForThe death penalty cases or incidental civil litigation casesThis law, as well as 156th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, canAn extension of two months;Because of special circumstances need prolonged, submitted to theHighestThe approval of the people's court.

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

233

Second trial, judgment, ruling or the Supreme People's court ruling, is the final judgment, ruling.

-- 197th -- 96 years of criminal procedure law [a]

234

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

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

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

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

-- 198th -- 96 years of criminal procedure law [a]

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

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

Judgment rendered by the people's court shall, properties and interests on attachment, seizure, freezing treatment.

After the people's court verdict,The relevant authorities shall be carried out according to the properties and interests of attachment, seizure, freezing of the judgment.YesAttachment, seizure, freezing of proceeds of crime and the fruits thereof, except to be returned to the victim, shall be turned over to the state treasury.

The judicial personnel embezzles, misappropriates or privately processingAttachment, seizure, freezing the property and the fruits thereof, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions.

235

The death penalty approval by the Supreme People's court.

-- 199th -- 96 years of criminal procedure law [a]

236

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

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

-- 200th -- 96 years of criminal procedure law [a]

237

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

-- 201st -- 96 years of criminal procedure law [a]

238

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

-- 202nd -- 96 years of criminal procedure law [a]

239

The Supreme People's court shall make a review of death penalty cases, approved or not approved the death penalty verdict. For not to approve of the death penalty, the Supreme People's court may remand the case for retrial or reheard.

240

The Supreme People's court review of death penalty cases, it shall interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer.

In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate, the death penalty review results.

241

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

-- 203rd -- 96 years of criminal procedure law [a]

242

The party or his legal representative, close relatives of the complaint meets one of the following cases, the people's court shall re trial:

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

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

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

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

-- 204th -- 96 years of criminal procedure law [a]

The party or his legal representative, close relatives of the complaint meets one of the following cases, the people's court shall re trial:

(a) there is new evidence to prove that the original decision, ruled that the fact that there are errors,May affect the conviction and sentencingThe;

(two) according to the conviction and sentencing evidence does not do, do not fully,Should be excluded in accordance with the lawThe proof by contradiction, or between the main facts of the case evidence exists;

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

Four.Violating the legal procedure, which may affect the fair trial;

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

243

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

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

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

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

-- 205th -- 96 years of criminal procedure law [a]

244

The higher people's court order the lower court to rehear the people's court at a lower level, it shall order the people's court hearing outside; by the people's court is more appropriate, can also order the people's court.

245

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

-- 206th -- 96 years of criminal procedure law [a]

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

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

246

The decision of the people's court retrial cases, need to take compulsory measures against the defendant, the people's court shall be decided by the people's Procuratorate protest; retrial cases, need to take compulsory measures against the defendant, decided by the people's procuratorate.

The people's court in accordance with the procedure for trial supervision may decide to suspend the trial of the case, the original judgment, the execution of the ruling.

247

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

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

-- 207th -- 96 years of criminal procedure law [a]

248

Judgments and orders shall be executed after they become legally effective.

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

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

(two) the final judgment or ruling;

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

-- 208th -- 96 years of criminal procedure law [a]

249

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

-- 209th -- 96 years of criminal procedure law [a]

250

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

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

-- 210th -- 96 years of criminal procedure law [a]