2012The new criminal procedural law number

1996The Criminal Procedure Law

2012The Criminal Procedure Law

1996Years03Month17DayThrough

1997Years01Month01DayImplementation

2012Years03Month14DayThrough

2013Years01Month01DayImplementation

001

In order to ensure the correct implementation of the criminal law, punishing crimes, protecting the people, safeguarding state and public security, maintaining the socialist social order, according to the constitution, this law is enacted.

002

The criminal procedure law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively struggle against criminal acts, in order to safeguard the socialist legal system, the protection of citizens' rights of the person, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.

The criminal procedure law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively struggle against criminal acts, maintaining the socialist legal system,Respect for and protection of human rights, protect citizen's personal rights, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.

003

In criminal cases investigation, detention, arrest, pre-trial, public security organs shall be responsible for. Approval of arrest, prosecution, procuratorial organs investigation of cases directly accepted by the prosecution, the people's Procuratorate, responsible for. The trial by the people's court shall be responsible for the. Except as otherwise provided by law, any other organs, organizations and individuals have no right to exercise such powers.
   The people's court, the people's procuratorates and the public security organs in conducting criminal proceedings, the relevant regulations must be strictly abide by this Law and other laws.

004

The state security organs in accordance with the law, handle cases of crimes that endanger State security, and the public security organs exercise the same powers.

005

The people's court in accordance with the law to exercise judicial power independently in accordance with the law, the people's procuratorates exercise procuratorial power independently, not by administrative organs, social groups and individuals.

006

The people's court, the people's procuratorates and the public security organs in conducting criminal proceedings, must rely on the masses, must take the facts as the basis, take the law as the criterion. For all citizens, all are equal before the law, in front of the law, no privileges allow.

007

The people's court, the people's procuratorates and the public security organs shall, in conducting criminal proceedings, the division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law.

008

The people's Procuratorate to exercise legal supervision over criminal procedure.

009

Citizens of all nationalities have the national language of litigation rights. The people's court, the people's procuratorates and the public security organs to not understand the local language lawsuit participates in a person, should provide for their translation.
The minority or ethnic areas, should be tried in the language or languages, commonly used in the locality issue judgments, notices and other documents of the text.

010

The people's court cases, the two-tier trial system.

011

The people's court cases, unless otherwise prescribed in this law, shall be heard in public. The accused has the right to defence, the people's courts shall have the duty to guarantee the defendant to defence.

012

Without the approval of the people's court to sentence, no person shall be found guilty.

013

The people's court cases, in accordance with the implementation of the jury jury of this Law system.

014

The people's court, the people's procuratorates and the public security organs shall safeguard the litigant participant shall have the litigation rights.
   For minors under the age of eighteen criminal cases, in the time of interrogation and trial, can inform the criminal suspect, the legal representative of the defendant at.
   Participants in the proceedings for the judges, procurators and investigators violations of civil litigation rights and personal insult, has the right to sue.

The people's court, the people's procuratorates and the public security organs shall safeguardCriminal suspects, defendants and other participants in the proceedingsEnjoys according to lawThe defense right and other rights.

Participants in the proceedings for the judges, procurators and investigators violations of civil litigation rights and personal insult, has the right to sue.

015

Any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or declared innocent:
  (a) plot remarkable slight, little harm, not deemed a crime;
  (two) the limitation period for prosecution of the crime has been;
  (three) the amnesty exemption from punishment;
  (four) in accordance with the criminal law that crime, or withdraw to tell not tell;
  (five) the suspect, the defendant's death;
  (six) other laws provide an exemption from investigation of criminal responsibility.

016

To foreigners who commit crimes for which criminal responsibility should be investigated, apply the provisions of this law.
For foreigners who enjoy diplomatic privileges and immunities shall be investigated for criminal responsibility of the crime, be resolved through diplomatic channels.

017

According to the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, the judicial organs of China and foreign judicial authorities may request each other to criminal judicial assistance.

018

The investigation of criminal cases by public security organs, except as otherwise stipulated by law.

The crime of corruption and bribery, national staff malfeasance crime, the State functionary carry illegal detention, torture to extract confessions, revenge against unlawful search of, criminal violation of civil rights and infringement of citizens' democratic rights of the crime, the people's Procuratorate investigation. For the case of state functionary carry other grave crimes committed, need to be handled directly by the people's Procuratorate, the people's Procuratorate at the provincial level and above, by the people's Procuratorate investigation.

    Cases of private prosecution shall be handled directly by the people's court.

019

The basic people's court as the court of first instance criminal cases, but in accordance with this law, the superior people's court jurisdiction except.

020

The intermediate people's courts shall have jurisdiction over the following criminal cases of first instance:

(a) counterrevolutionary cases, cases endangering State security;

(two) the ordinary criminal cases punishable by life imprisonment, the death penalty;

(three) criminal cases involving crimes committed by foreigners.

The intermediate people's courts shall have jurisdiction over the following criminal cases of first instance:

(a) endanger State security,TerrorismThe case;

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

021

The higher people's Court of jurisdiction of criminal cases of first instance, is the province (autonomous region, municipality directly under the central government) major criminal cases.

022

Under the jurisdiction of the Supreme People's Court of first instance criminal cases, is the major criminal cases nationwide.

023

The higher people's court when necessary, can be under the jurisdiction of the lower level people's court trial of criminal cases of first instance; if a people's court case that the major, complicated by the need for a superior people's court trial of criminal cases of first instance, you can request a transfer a higher people's court trial.

024

Criminal cases shall be under the jurisdiction of the people's court to the crime. If the defendant resides to the people's court is more appropriate, can be under the jurisdiction of the people's court settlements by the defendant.

025

Several of the people's courts have jurisdiction over a case, the people's court that first accepted by. When necessary, can be transferred to the main criminal trial of the people's court.

026

The people's court at a higher level may specify an inferior people's court for jurisdiction of unknown cases, can also be specified if the people's court to transfer the case to another people's court for trial.

027

Special jurisdiction of cases in the people's courts shall be stipulated separately.

028

Any of the following circumstances judges, prosecutors, investigators, shall voluntarily withdraw, the parties and their legal representatives shall have the right to request him to withdraw:

(a) is a party to the case or a near relative of the party;

(two) interested himself or his close relatives and the case;

(three) served as the case of the witnesses, authenticators, the defender, agent ad litem;

(four) there are other relationship with a party to the case, which may affect the impartial handling of the case.

029

The judges, prosecutors, investigators shall not accept the parties and the entrusted people's dinners, may meet with the parties and the entrusted person in violation of regulations.

The judges, prosecutors, investigators in violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law. The parties and their legal representatives shall have the right to request him to withdraw.

030

To avoid the judges, prosecutors, investigators, shall be respectively by the president of the court, prosecutor, the head of a public security organ; the withdrawal of the president, decided by the court's Judicial Committee; the prosecutor and the head of a public security organ avoidance, determined by the Procuratorial Committee of the people's procuratorate at the same level.

Avoidance of investigators before making a decision, the investigators could not stop the investigation of a case.

For withdrawal, the parties and their legal representative may apply for reconsideration once.

031

The provisions of article twenty-eighth, article twenty-ninth, article thirtieth of this law also apply to court clerks, interpreters and identification of human.

The chapter on avoidanceShall apply to court clerks, interpreters and identification of human.

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

032

The suspect, the defendant in addition to exercising the right to defend himself, also may entrust one or two persons as his defenders. The following persons may be appointed as the defender:

(a) a lawyer;

(two) recommend people groups or criminal suspects, defendants unit person;

(three) the suspect, the defendant's guardian, relatives and friends.
In accordance with the law are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders.

033

Since the case is transferred for examination before prosecution, public prosecution cases, criminal suspects have the right to entrust defenders. The accused in a private prosecution shall have the right to entrust defenders at any time.

The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders. The people's court after accepting a case of private prosecution, within three days, should inform the defendant has the right to entrust defenders.

The suspect since the first interrogation by the investigatory organ or coercive measures taken to date, has the right to entrust defenders; in the investigation period, can only be entrusted lawyer. The accused has the right to entrust defenders at any time.

When the investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, it shall inform the criminal suspect has the right to entrust defenders. The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders. The people's court shall accept the case within three days, it shall inform the defendant has the right to entrust defenders. The suspect, the defendant in custody requests entrust a defender, the people's court, the people's procuratorates and the public security organs shall promptly convey the requirements.

The suspect, the defendant in custody, also by the guardian, close relatives to entrust defenders.

The defenders by criminal suspect, defendant after commissioning, it shall promptly inform the court authority.

034

Prosecutor and the defendant in the case, due to financial difficulties or other reasons not entrust a defender, the people's court may designate a lawyer who provides legal aid to defend.

If the defendant is blind, deaf, mute or a minor and did not entrust a defender, the people's court shall designate a lawyer who provides legal aid to defend.

The defendant may be sentenced to death has not entrusted a defender, the people's court shall designate a lawyer who provides legal aid to defend.

The suspect, the defendant due to financial difficulties or other reasons, has not entrusted a defender, and near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the.

The suspect, 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, not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to provide justification for the.

 The suspect, the defendant may be sentenced to life imprisonment or death, did not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.

035

The responsibility of a defender shall according to the facts and the law, put forwardProveMaterials and opinions of criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the legitimate rights and interests.

The responsibility of a defender shall according to the facts and the law,Put forwardMaterials and opinions of criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility,, the maintenance of criminal suspects, defendantsLitigation rights and other lawful rights and interests.

036

Defense lawyers of the people's Procuratorate date, consult, extract, copy the file documents, technical identification of material, can meet with the criminal suspect in custody and communication. Other defenders, with permission of the people's Procuratorate, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody.

Defense attorneys from the day the court handles the case, consult, extract, copy the case of the facts of the crime accused materials with the defendant in custody, can meet and communication. Other defenders, with permission of the people's court, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the defendant in custody.

-- --96In criminal procedure law [article36Article]

Defense counsel in the investigation period can provide legal assistance for criminal suspects; complaints, charges; apply for alteration of the compulsory measures; to the investigation organ about the crime suspect guilty and case, put forward opinions.

037

The defense lawyer may with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant.

Defense lawyers the lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange to meet, not later than forty-eight hours.

Crimes of endangering national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ. Of these cases, the investigation organ shall notify the.

Defense lawyers meet the suspect, the defendant, the understanding of the circumstances of the case, to provide legal consulting; since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence. Defense lawyers met the suspect, the defendant is not to be monitored.

The defense lawyer with the criminal suspects, defendants met, communication, applies the first, third, fourth.

038

Defense lawyers of the people's Procuratorate date, consult, extract, copy the file material. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material.

039

The defender believes in the investigation, prosecution, public security organs, people's Procuratorate collected during the prove the criminal suspect, defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court.

040

The defending suspects were collected 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, it shall timely inform the public security organ, the people's procuratorate.

041

Defense lawyers with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them, can also apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses to testify in court.

Defense lawyers with permission of the people's Procuratorate or the people's court, and the victim victims or their close relatives, provide witness agree, can collect information pertaining to the current case to them.

-- --96In criminal procedure law [article37Article]

042

Defense lawyers and other defenders, may help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnessesChange testimony orGive false testimony or conduct other acts of interference proceedings of the judicial organs.

In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law.

-- --96In criminal procedure law [article38Article]

"Counsel or any other person, not help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference proceedings of the judicial organs.

  "In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law,The defender is suspected of committing a crime, the case shall be undertaken by outside counsel for the investigating authority. The defender is a lawyer, it shall timely notify the law firm or the lawyers' association.

043

During the trial, the defendant may refuse to have his defender continue to defend him, may also entrust another defender defense.

-- --96In criminal procedure law [article39Article]

044

Victim in a case of public prosecution and their legal representatives or near relatives, the party in an incidental civil action and the legal agent, since the date of the case is transferred for examination before prosecution, have the right to entrust agents ad litem. Cases of private prosecution and their legal representatives, the party in an incidental civil action and the legal agent, has the right to entrust agents ad litem.

The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, it shall inform the victim and his legal representatives or their close relatives, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem. The people's court after accepting a case of private prosecution, within three days, it shall inform the prosecutor and his legal representative, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem.

-- --96In criminal procedure law [article40Article]

045

To entrust agents ad litem, by reference to the provisions of this law article thirty-second.

-- --96In criminal procedure law [article41Article]

046

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.

047

The defenders and agents ad litem, think that the public security organs, people's Procuratorate, the people's court and its personnel impede their exercise their litigation rights according to law, have the right to sue to the same level or the people's Procuratorate at a higher level to file a complaint or. The people's Procuratorate to appeal or accusation shall timely carry out the examination, is the case, notify the relevant authorities to rectify.

048

All facts that prove the true circumstances of the case, is evidence.
There are the following seven kinds of evidence:

(a) material evidence, documentary evidence;

(two) the testimony of a witness;

(three) statement of the victim;

(four) the suspect, the defendant confession and exculpation;
(five) the identification conclusion;

(six) record of investigation, inspection;

(seven) audio-visual materials.

The above evidence must be verified before it can be taken as a basis.

-- --96In criminal procedure law [article42Article]

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, the defendant confession and exculpation;

Six.Expert opinion;

(seven) the inquest, inspection,Identification, detection experimentRecord.

(eight) audio-visual materials,Electronic data.

  Evidence must be verified before it can be taken as a basis.

049

Burden of proof of the defendant guilty in the case of public prosecution shall be borne by the people's Procuratorate, the burden of proof of defendant guilty the case of private prosecution shall be borne by the private prosecutor.

050

The judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, and can absorb them to assist in the investigation.

-- --96In criminal procedure law [article43Article]

The judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods,No person shall be forced to prove himself to be guilty. 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.