051

Approved by the public security organs, people's Procuratorate indictment arrest, the people's court judgment, must be faithful to the facts. Intentionally conceals the facts, shall be investigated for responsibility.

-- --96Criminal law [article44Article]

052

The people's court, the people's procuratorates and the public security organs shall have the authority to the relevant units and individuals collected, obtaining of evidence. The relevant units and individuals shall provide truthful evidence.

Evidence involving state secrets shall be kept confidential.

Those who forge evidence, hiding evidence or destroy evidence, no matter where, must be investigated under the law.

-- --96In criminal procedure law [article45Article]

The people's court, the people's procuratorates and the public security organs shall have the authority to the relevant units and individuals collected, obtaining of evidence. The relevant units and individuals shall provide truthful evidence.

Administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case, audio-visual materials, electronic data evidence, in criminal proceedings can be used as evidence.

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

Those who forge evidence, hiding evidence or destroy evidence, no matter where, must be investigated under the law.

053

Of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is sufficient and reliable, can be found the defendant guilty and sentenced to a criminal punishment.

-- --96In criminal procedure law [article46Article]

Of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, evidenceIndeed, the full, the accused can be pronounced guilty and sentenced to a criminal punishment.

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

  (a) the conviction and sentencing facts have evidence;

(two) according to the verdict evidence are verified by the statutory procedures;

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

054

Using torture to extract confessions and other illegal methods to collect the suspect, defendant's confession and using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded. The collection of physical evidence, documentary evidence does not meet the statutory 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.

In the investigation, prosecution, trial found the evidence should be excluded, should be excluded in accordance with the law, shall not be used as prosecution, prosecution and judgment basis.

055

The people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall conduct investigation and verification. To do to illegal methods to collect evidence situation, should put forward rectification opinions; constitutes a crime, shall be investigated for criminal responsibility according to law.

056

The process of trial, judges that may exist in the fifty-fourth article of this law to illegal methods to collect evidence, shall be the court investigation evidence collection of legitimacy.

The party and the defender, agent ad litem shall have the right to request the people's court to illegal methods to collect evidence shall be excluded. For the exclusion of illegal methods to collect evidence, shall provide relevant clues or materials.

057

The process of the court investigation in the legitimacy of evidence collection in, the people's Procuratorate shall on the legitimacy of the evidence collection proved.

The existing evidence can not prove the legitimacy of evidence collection, the people's Procuratorate may petition the people's court to inform the relevant investigation or other personnel to appear in court to explain the situation; the people's court may notify the relevant investigation or other personnel to appear in court to explain the situation. The investigation personnel or other personnel also may request the court to explain the situation. After the people's court shall notify the relevant personnel shall appear in court.

058

For after the court, to confirm or cannot rule out the existence of the fifty-fourth article of this law to illegal methods to collect evidence, the evidence should be excluded.

059

The testimony of witnesses in court by the public prosecutor, the victim and the defendant, the defenders of both sidesInterrogationQuality certificate,Listening to the testimony of witnessesAnd after that, can be taken as a basis. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law.

-- --96In criminal procedure law [article47Article]

The testimony of witnesses in court by the public prosecutor, the victim and the defendant, the defenders both evidence and found later, can be used as a basis. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law.

060

Those who know the circumstances of the case, have the obligation to testify.

Defective or young physically, mentally, to distinguish right from wrong, cannot properly express themselves, not witness.

-- --96In criminal procedure law [article48Article]

061

The people's court, the people's procuratorates and the public security organs shall guarantee the safety of witnesses and their near relatives.

The threat of witnesses and their close relatives, insult, assault or take revenge, which constitutes a crime, shall be investigated for criminal responsibility according to law; not serious enough for criminal punishment, the public security administration punishment law.

 -- --96In criminal procedure law [article49Article]

062

For the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in a lawsuit, himself or his close relatives and personal safety risk, the people's court, the people's procuratorates and the public security organs shall take the following one or multiple protective measures:

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

(two) take not to expose the appearance, voice of such measures to testify in court;

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

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

(five) other necessary protective measures.

The witnesses and expert witnesses, victims believe that witness in lawsuit, himself or his close relatives and personal safety risk, may apply to the people's court, the people's Procuratorate, the public security organ shall protect the request.

The people's court, the people's Procuratorate, public security organ shall take protective measures, the relevant units and individuals shall cooperate with the.

063

Witnesses had testified to fulfill the obligation and expenditure of transportation, accommodation, meals and other expenses, shall grant. Witnesses in the judicial organ business funds subsidies shall be guaranteed by the government.

Work units and witness, where the units are not deduct explicitly or implicitly wages, bonuses and other benefits.

064

The people's court, the people's procuratorates and the public security organs shall, according to the circumstances of the case, the suspect, the defendant can summon, bail or residential surveillance.

-- --96In criminal procedure law [article50Article]

065

The people's court, the people's procuratorates and the public security organ for any of the following circumstances of criminal suspects, defendants, can be released on bail pending trial or for residential surveillance:

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

(two) may be sentenced penalty above, take bail, residential surveillance without danger to the society.

Bail, residential surveillance shall be executed by the public security organs.

-- --96In criminal procedure law [article51Article]

The people's court, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, 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) detention period expires, the case has not yet completed, need to take bail.

Bail enforcement by the public security organs.

066

The people's court, the people's procuratorates and the public security organs decision pending trial of criminal suspects, defendants on bail, shall order the suspect, the defendant to provide a guarantor or pay money.

-- --96In criminal procedure law [article53Article]

067

Sponsors must meet the following conditions:

(a) is not involved in this case;

(two) the ability to perform warranty obligations;

(three) political rights, not subjected to restriction of personal freedom;

(four) have a fixed residence and income.

-- --96In criminal procedure law [article54Article]

068

The guarantor shall perform the following obligations:

(a) supervision is the guarantee to comply with the provisions of article fifty-sixth of this law;

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

Be surety for violation of the law the fifty-sixth regulation the behavior, guarantee not reported in a timely manner, to ensure the fine people, which constitutes a crime, shall be investigated for criminal responsibility according to law.

-- --96In criminal procedure law [article55Article]

The guarantor shall perform the following obligations:

(a) supervision is the guarantee to comply with the provisions of article sixty-ninth of this law;

(two) found that the guarantor may occur or has occurred in violation of this law the provisions of article sixty-ninth of the act, shall promptly report to the executing organ.

Be surety for violation of the law sixty-ninth stipulation behavior, guaranteeFailing to perform the obligation of guarantee, to ensure the fine people, which constitutes a crime, shall be investigated for criminal responsibility according to law.

069

By the criminal suspect, defendant bail shall observe the following provisions:

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

(two) in the time to;

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

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

By the criminal suspect, defendant bail violates the provisions of the preceding paragraph, have to pay a deposit, confiscate the deposit, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay the deposit, to provide a guarantor or residential surveillance, he shall be arrested. The suspect, the defendant in the release on bail is not in violation of the provisions of the preceding paragraph, when the end of the guarantor pending trial, the guaranty money shall be returned.

  -- --96In criminal procedure law [article56Article]

By the criminal suspect, defendant bail shall observe the following provisions:

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

Two.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.

The people's court, the people's procuratorates and the public security organ may according to the circumstances of the case, shall be ordered to be criminal suspects, defendants on bail the following one or more:

(a) shall not be allowed to enter the specific place;

(two) with no specific staff meeting or communication;

(three) shall not engage in certain activities;

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

By the criminal suspect, the defendant on bail in violation of the provisions of the preceding two paragraphs, have to pay a deposit, the confiscation ofAll or partMargin, and the difference between the situation, the suspect, the defendant shall be ordered to sign a statement of repentance, to pay margin, the guarantor, or residential surveillance, he shall be arrested.

For breach of bail provisions, need to be arrested, the suspect, defendant custody.

070

The decision-making organ of bail should be considered to ensure the litigation activities of the social risk, bail people, nature, circumstances of case, may be sentenced to a punishment, is released on bail pending trial of economic situation, determine the amount of the deposit.

Providing margin shall be deposited into the margin account executive specialized organs designated bank.

071

The suspect, the defendant in the release on bail is not in violation of this law the provisions of article sixty-ninth, when the end of the guarantor pending trial, by notice to remove the bail pending trial or the relevant legal documents to the bank for the refund of deposit.

072

The people's court, the people's procuratorates and the public security organs to meet the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, 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) because of 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.

To meet the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, to residential surveillance.

Residential surveillance shall be executed by a public security organ.

073

Residential surveillance shall be carried out in the criminal suspect, the defendant's; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorism crime, crime of particularly great bribery, in the shelter implementation may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution. But, not in the place of custody, special case handling place execution.

The specified home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people.

Criminal suspects, defendants to entrust defenders, this Law shall apply to the thirty-third.

The supervision of people's Procuratorate to specify the decision and implementation of residential surveillance is legal residence.

074

The specified period residence residential surveillance shall be offset. Be sentenced to control, surveillance, the term is to be shortened by a day; sentenced to criminal detention, fixed-term, residential surveillance for two days to be shortened by one day.

075

By the criminal suspect, defendant residential surveillance shall observe the following provisions:

(a) without the approval of the organ executing shall not leave the place, no fixed residence, not to leave the designated residence without permission;

(two) without approval may not be the executing organ to meet with others;

(three) in the time to;

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

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

By the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious, he shall be arrested.

-- --96In criminal procedure law [article57Article]

By the criminal suspect, defendant residential surveillance shall observe the following provisions:

(a) without the approval of the organ executing shall not leaveThe implementation of residential surveillance;

(two) without approval may not be the executing organ to meet with othersOr 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.

By the criminal suspect, defendant under residential surveillance violates the provisions of the preceding paragraph, if the circumstances are serious,Can be arrested; need to be arrested, the suspect, defendant custody.

076

The executing organ for criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can monitor communication of criminal suspects.

077

The people's court, the people's procuratorates and the public security organs of criminal suspects, defendants bail shall not exceed twelve months, residential surveillance shall not exceed six months.

Bail pending trial, surveillance, investigation, the case shall not be suspended prosecution and trial. The discovery should not be investigated for criminal responsibility or bail, residential surveillance period expires, shall promptly release the bail, residential surveillance. Lift the release on bail, residential surveillance, it shall timely notify the guarantor pending trial, residential surveillance and the units concerned.

-- --96In criminal procedure law [article58Article]

078

Arrests of criminal suspects, defendants, must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ.

-- --96In criminal procedure law [article59Article]

079

To have evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, thus necessitating arrest, shall be immediately arrested according to law.

Should be arrested the suspect, the defendant, if suffering from the serious disease, or are pregnant, breast-feeding her own baby, can use the bail pending trial or residential surveillance.

-- --96In criminal procedure law [article60Article]

To have evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, takeBailIt is not enough to prevent the danger to the society, should be arrested:

(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.

To have 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, should be arrested.

A guarantor pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance shall, if the circumstances are serious, can be arrested.

080

The public security organ for the criminals or suspects, if any of the following circumstances, can advance detention:

(a) is preparing to commit a crime, a crime or is discovered immediately after committing a crime;

(two) the victim or the eyes see people identify his crime;

(three) found evidence of a crime in the side or residence;

(four) after the crime attempted to escape or Dutch act, the fugitive;

(five) the destruction, falsifying evidence or collusion possible;

(six) does not say real full name, address, identity is unknown;

(seven) there are people who commit crimes, crime, gang crime has great suspicion of.

 -- --96In criminal procedure law [article61Article]

081

The public security organs to implement criminal detention, arrest in another area, it shall notify the public security organ in detention, arrest of the local public security organs, detention, arrest is located shall cooperate.

-- --96In criminal procedure law [article62Article]

082

For any of the following cases, any citizen can immediately sent to the public security organs, people's Procuratorate or the people's court:

(a) is committing a crime or is discovered immediately after committing a crime;

(two) wanted for arrest;

(three) to escape from prison;

(four) are hunted.

 -- --96In criminal procedure law [article63Article]

083

When a person detained by public security organs, must produce a warrant.

Detention, in addition to hinder the investigation or not notice, shall give the reasons for detention and the place, in twenty-four hours, notify the detainee's family or the unit to which he belongs.

-- --96In criminal procedure law [article64Article]

When a person detained by public security organs, must produce a warrant.

Detention,Should immediately be detained for custody, not later than twenty-four hours.In addition to not notice or suspected of crimes of endangering national security, terrorist activity crime notification would hinder the investigation situation mayShould, after the detention within twenty-four hours, notify the detainee's family.After the investigation situation to disappear, it shall immediately notify the detainee's family.

084

The public security organ for detainee shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate.The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance.

-- --96In criminal procedure law [article65Article]

The public security organs of the detainee shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate.

085

The public security organs demanded the arrest of a criminal suspect, it shall submit a written request for approval of arrest, together with the case file and evidence, to the people's Procuratorate, together with the examination and approval. When necessary, the people's Procuratorate may send people to participate in the public security organ's discussion of a major case.

-- --96In criminal procedure law [article66Article]

086

The people's Procuratorate for examination and approval of arrest, can ask the criminal suspect; in any of the following circumstances, it shall interrogate the criminal suspect:

(a) have doubts about whether it meets the conditions for arrest;

(two) the suspect asked prosecutors to statement;

(three) the investigation may have serious illegal act.

The people's Procuratorate for examination and approval of arrest, may question the witnesses and other participants in the proceedings, to listen to the views of the defense lawyer; lawyer requested shall listen to the opinions, defense lawyer.

087

Examination of the people's Procuratorate approved the arrest of suspects by the decision of the chief prosecutor. Major cases shall be submitted to the Procuratorial Committee for discussion and decision.

-- --96In criminal procedure law [article67Article]

088

The people's Procuratorate review for the public security organ for approval of arrest cases, shall according to the circumstances to approve or disapprove the arrest decision. If it decides to approve the arrest, the public security organ shall be executed immediately, and the implementation of timely notify the people's procuratorate. For non approval of arrest, the people's Procuratorate shall explain the reason, requires supplementary investigation, it shall notify the public security organ at the same time.

-- --96In criminal procedure law [article68Article]

089

The public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days.
For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days.
The people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notify the people's procuratorate. If further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

-- --96In criminal procedure law [article69Article]

090

The public security organ decides to approve the arrest of a people's Procuratorate not, think is wrong, it may request a reconsideration, but must immediately release the detainee. If the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review. The higher people's Procuratorate shall immediately review, decide whether to change the decision, notify the lower level people's Procuratorate and the public security organ to implement.

-- --96In criminal law article [70Article]

091

When a public security organ to arrest people, must produce an arrest warrant.

After the arrest, in addition to hinder the investigation or not notice, should put the reasons and detain arrested the premises, within twenty-four hours to inform the family of the arrested person or the unit to which he belongs.

-- --96In criminal procedure law [article71Article]

When a public security organ to arrest people, must produce an arrest warrant.

After the arrest,The arrested person shall immediately send custody.In addition to not notice shall, within twenty-four hours after the arrest,Notify the family of the arrested person.

092

The people's court, the people's Procuratorate for their decision to arrest the person, the public security organ for approval of arrest people's Procuratorate of the people, must be in detention after twenty-four hours of interrogation. The discovery should not arrested, must immediately release, issued a release certificate.

-- --96In criminal procedure law [article72Article]

093

The suspect, the defendant was arrested, the people's Procuratorate shall still the necessity of the detention review. The detention is not necessary, should be recommended to be released or alteration of the compulsory measures. The relevant authorities shall within ten days to notify the people's procuratorate.

094

The people's procuratorates and the public security organs if found on the suspect, the defendant to take coercive measures improper, it shall timely cancel or change. The public security organs to release those arrested or change the measure of arrest, it shall notify the people's Procuratorate approved.

-- --96In criminal procedure law [article73Article]

095

The arrested suspects, defendants and their legal representatives, near relatives shall have the right to apply for bail.

-- --96In criminal procedure law [article52Article]

The suspect, the defendant or his legal representative, close relative or lawyer shall have the right to apply for alteration of the compulsory measures. Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval.

096

The suspect, the defendant in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, require continued investigation, trial, the criminal suspect, the defendant can bail or residential surveillance.

-- --96In criminal procedure law [article74Article]

The suspect, the defendant in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial banjie,The suspect, the defendant shall release;Need to verify, trial, the criminal suspect, the defendant can bail or residential surveillance.

097

The suspect, the defendant or his legal representative, close relative or criminal suspects and defendants, the lawyers and other defenders entrusted to the people's court, people's Procuratorate or public security organs to take coercive measures to exceed the time limit prescribed by law, have the right to request the cancellation of the compulsory measures. The people's court, people's Procuratorate or a public security organ for criminal suspects, defendants are compulsory measures exceeding the prescribed time limit, shall release the lifting bail, residential surveillance or alteration of the compulsory measures according to law.

-- --96In criminal procedure law [article75Article]

The people's court, people's Procuratorate or public security organs of the compulsory measures adopted by the statutory time limitUpon expiration of theThe suspect, the defendant shall release, release, release on bail, residential surveillance or alteration of the compulsory measures according to law. The suspect, the defendant or his legal representative, close relative or lawyer to the people's court, the people's Procuratorate or public security organs to take coercive measures to the statutory period expires, the right to request the lifting of compulsory measures.

098

The people's Procuratorate for examination and approval of the arrest of the work, if it is found that the investigation of the public security organ violations of the law, it shall notify the public security organ to make corrections, the public security organ shall notify the people's Procuratorate will correct.

-- --96In criminal procedure law [article76Article]

099

The victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action.

If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action.

The people's court when necessary, and may seal up or distrain the property of the defendant.

-- --96In criminal procedure law [article77Article]

The victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action.The victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action.

  "If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action.

100

The people's court when necessary,Can the preservation measuresAttachment, seizure, orFrozenThe property of the defendant.Plaintiff of the supplementary civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. The people's courts to take preventive measures, the relevant provisions of the civil procedure law applicable.