101

The people's Court of the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.

102

Incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action.

-- --96In criminal procedure law [article78Article]

103

During the time, day, month.

During the beginning of the day and not be counted as within the time period.

A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration, not expired.

-- --96In criminal procedure law [article79Article]

During the time, day, month.

During the beginning of the day and not be counted as within the time period.

A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration, not expired.

The last day of the period for the holiday, the first day after the holiday to the expiration date, but the suspect, defendant or criminal in custody, should to the expiration date, shall not be extended because of the holidays.

104

The parties due to irresistible causes or for other legitimate reasons and time limit, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.

Whether or not to approve the application mentioned in the preceding paragraph, the people's court shall rule.

-- --96In criminal procedure law [article80Article]

105

Serve a summons, notices and other court documents shall be delivered to the addressee himself; if I am not in, can give his adult family members or unit responsible for collection.

The recipient or my behalf refuses to accept or reject the time signature, seal, service people can invite his neighbours or other witnesses to the scene, explain the situation, put the files in his residence, record the particulars of the refusal, the date of service in the service certificate, served by a signature, that has been delivered.

-- --96In criminal procedure law [article81Article]

106

The following terms used in this Law means:

(a)"Investigation of crimes"Refers to the public security organs, people's Procuratorate in the process of handling cases, in accordance with the laws of surveys and compulsory measures;

Two."Party"Refers to the plaintiff victim, private prosecutor, criminal suspects, defendants, and defendants in incidental civil actions;

Three."Legal representative"Refers to an agent's parents, foster parents, guardians and bear the responsibility to protect organs, representative group;

Four."Participants in the proceedings"Means the parties, legal representatives, agents, counsel, witnesses, appraisers and translators;

Five."An agent ad litem"Refers to the victim in a case of public prosecution and their legal representatives or near relatives in a case of private prosecution, the prosecutor and his legal agent entrusted to participate in litigation of the people and the party in an incidental civil action and the legal agent entrusted to participate in litigation;

Six."Near relatives"Refers to the husband, wife, father, mother, son, daughter, brothers and sisters.

-- --96In criminal procedure law [article82Article]

107

The public security organ or the people's procuratorate finds the facts of a crime or a criminal suspect, shall be in accordance with the scope of jurisdiction, investigation.

-- --96In criminal procedure law [article83Article]

108

Any entity or individual finds facts of a crime or a criminal suspect, has the right and obligation to the public security organs, people's Procuratorate or the people's court or report.

The victim to infringe upon their personal, property rights of the facts of the crime or criminal suspects, have the right to a public security organ, a people's Procuratorate or the people's court report or accusation.

The public security organs, people's Procuratorate or the people's court for the report, complaint, report, should be accepted. For does not fall under its jurisdiction, it shall transfer the case to the competent authority, and notify the complainant, accuser, informants; case does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures, and shall transfer the case to the competent authority.

The crime to the public security organs, people's Procuratorate or the people's court to surrender, provisions of the third paragraph shall apply.

-- --96In criminal procedure law [article84Article]

109

The report, complaint, report may be filed in writing or orally. Receiving an oral report, complaint report, staff, shall make a written record of being read, correct, sealed by the reporter, complainant, accuser signature or.

Receiving the complaint, the staff report, the 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.
The public security organs, people's Procuratorate or the people's court shall guarantee the informant, the complainant, accuser and near relatives. The informant, the complainant, accuser if unwilling to disclose his name and reporting, complaint, report acts, he shall be kept secret.

-- --96In criminal procedure law [article85Article]

110

The people's court, the people's Procuratorate or the public security organ to report to the police report, Sue, and surrender the material, should be in accordance with the scope of jurisdiction, promptly examine, believes that there are facts of a crime and criminal responsibility, should be placed on file; that no criminal facts, or the crime facts are obviously minor, need not when, be investigated for criminal responsibility not to file, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration.

-- --96In criminal procedure law [article86Article]

111

The people's Procuratorate believes that the public security organ should be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice.

-- --96In criminal procedure law [article87Article]

112

As to a case of private prosecution, the victim has the right to bring a suit directly to a people's court. The victim's death or incapacity, his legal representatives, near relatives shall have the right to bring a suit to the people's court. The people's court shall accept the case according to law.

-- --96In criminal procedure law [article88Article]

113

The public security organ to a criminal case which has been filed, must carry on the investigation, evidence collection, obtaining the guilt or innocence of the crime suspect, light or heavy crime. Active criminals or suspects can be detained first according to law, meet the conditions for arrest criminal suspects, should be arrested according to law.

-- --96In criminal procedure law [article89Article]

114

The public security organs after investigation, on the evidence of the facts of the crime cases, shall conduct pre-trial evidence collection, investigation, to verify the.

-- --96In criminal procedure law [article90Article]

115

The party and the defender, agent ad litem, interested party has one of the following acts for the judicial organs and their staff, have the right to appeal against the authority 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 admissibility of the complaint or accusation shall be timely treatment. To handle the appeal, it may appeal to the people's Procuratorate at the same level; the people's Procuratorate cases directly accepted, it may appeal to the upper level people's procuratorate. The people's Procuratorate shall timely examine on the appeal, the case, notify the relevant authorities to rectify.

116

The interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel. During an interrogation, the investigators shall not be less than two.

-- --96In criminal procedure law [article91Article]

The interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel. During an interrogation, the investigators shall not be less than two.

Criminal suspects were sent to the detention center custody, investigators questioned its, should be in detention center.

117

Does not need to be arrested, detained the suspect, the suspect may be summoned to a designated place city, county lies within or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents.

Summons, the longest duration of detention shall not exceed twelve hours. Not to continuous summons, subpoena criminal suspects into custody in disguised forms.

-- --96In criminal procedure law [article92Article]

Do not need to arrest, detention of criminal suspects, may be summoned to a designated place city, county lies within the criminal suspect or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents.To found at the scene of the crime suspect, by working to produce documents, can be summoned verbally, but shall be marked in the transcripts of interrogation.

Call, summon duration shall not exceed twelve hours;The case particularly heavy, complicated, need to take the measure of arrest, detention, subpoena, summons for time not exceeding twenty-four hours.

Not to continuous summons, subpoena criminal suspects into custody in disguised forms.Call, summon the suspect, shall ensure that the suspect's diet and the necessary rest time.

118

When the investigators suspect, shall first ask the criminal suspect whether a crime, 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.

-- --96In criminal procedure law [article93Article]

When the investigators suspect, shall first ask the criminal suspect whether a crime, 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.

When the investigators suspect, should the law to inform the suspect confess to leniency.

119

Deaf, dumb interrogation of criminal suspects, there should be a deaf mute, gesture people participate in, and this situation shall be noted in the record.

-- --96In criminal procedure law [article94Article]

120

Transcripts of interrogation shall be checked for criminal suspects, without reading ability, shall be read to him. If if there is any omission or error, the criminal suspect may make additions or corrections. The suspect acknowledges that the record is free from error, he shall sign or affix his seal. The investigators shall also sign the record. The suspect requests to write a personal statement, he shall be permitted to. When necessary, the investigators may also ask the criminal suspect to write a personal statement.

-- --96In criminal procedure law [article95Article]

121

The criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, can hire lawyers to provide legal advice, to its appeal, accuse agent. If the criminal suspect is arrested, the appointed lawyer may apply for bail. Cases involving state secrets, the criminal suspect to hire a lawyer, shall be subject to the approval of the investigation organ.

The appointed lawyer shall have the right to the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody, the suspect information related to the case. The lawyer meets with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present. Cases involving state secrets, the lawyer meets with the criminal suspect in custody, shall be subject to the approval of the investigation organ.

-- --96In criminal procedure law [article96Article]

Delete this article

When the investigators suspect, 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.

Audio or video recordings shall be full, maintain integrity.

122

The investigators asked the witness, to witness the unit or residence, but they must produce a people's Procuratorate or a public security organ documents. When necessary, they may also notify the witness to the people's Procuratorate or public security organ to provide testimony.

Witnesses shall be questioned individually.

-- --96In criminal procedure law [article97Article]

The investigators asked the witness,In the field ofThe witness, can also go to the unit, residenceThe location or witnessFor, when necessary, may also notify the witness to the people's Procuratorate or public security organ to provide testimony.The examination of witnesses at the scene, they shall show their work certificates, to witness the unit, residence and witness the location of questioning the witness, the people's Procuratorate or the public security organ shall present the documents.

Witnesses shall be questioned individually.

123

The questioning of witnesses, shall inform him shall faithfully provide evidence, legal responsibility of testimony and intentionally giving false testimony or conceal evidence to negative.

Ask the witness under the age of eighteen, his legal representative may be notified to.

-- --96In criminal procedure law [article98Article]

The questioning of witnesses, shall inform him shall faithfully provide evidence, legal responsibility of testimony and intentionally giving false testimony or conceal evidence to negative.

124

This law, the provisions of article ninety-fifth, also apply to the questioning of witnesses.

-- --96In criminal procedure law [article99Article]               (2012Refer to the new criminal procedure law for "article120")

125

Ask the victim, to apply the provisions of all articles in this section.

-- --96In criminal procedure law [article100Article]

126

Investigators shall conduct an inquest or examination for crime related sites, objects, people, the body. When necessary, may designate or hire people with expertise, conduct an inquest, inspection under the direction of the investigators.

-- --96In criminal procedure law [article101Article]

127

Any unit or individual, have the obligation to protect the scene of the crime, and immediately notify the public security organ to inspection.

-- --96In criminal procedure law [article102Article]

128

Execution of an inquest or examination, the investigators must, by a people's Procuratorate or a public security organ documents

-- --96In criminal procedure law [article103Article]

129

For the bodies of unknown cause, the public security organs have the right to decide the anatomy, and notify the family members of the deceased to.

-- --96In criminal procedure law [article104Article]

130

In order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body.

If a criminal suspect refuses to be examined, the investigators deem it necessary, may be forced to check.

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

-- --96In criminal procedure law [article105Article]

In order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body,Can extract fingerprint information, collection of blood, urine and other biological samples.

If a criminal suspect refuses to be examined, the investigators deem it necessary, may be forced to check.

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

131

Inspection, examination shall be written record, sealed by the participants in the inquest, inspection and witness the signature or.

-- --96In criminal procedure law [article106Article]

132

When the people's Procuratorate to examine the case, the public security organs of the inspection, examination, considers it necessary to re inspection, review, may request the public security organ to retest, review, and may send procurators in.

-- --96In criminal procedure law [article107Article]

133

In order to find out the truth, when necessary, subject to the approval of the Public Security Bureau, investigative experiments may be conducted.

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

-- --96In criminal procedure law [article108Article]

In order to find out the truth, when necessary, byThe head of a public security organApproval, investigative experiments may be conducted.

The experiment should be written transcripts, sealed by the participants signed or.

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

134

In order to collect the evidence of the crime, the crime, the criminal suspect and the investigators may might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places.

-- --96In criminal procedure law [article109Article]

135

Any unit and individual, obligation in accordance with the people's procuratorates and the public security organs requirements, surrender may prove the criminal suspect's guilt or innocence material evidence, documentary evidence, audiovisual materials.

-- --96In criminal procedure law [article110Article]

Any unit and individual, obligation in accordance with the people's procuratorates and the public security organs requirements, surrender may prove the criminal suspect's guilt or innocence material evidence, documentary evidence, audiovisual materialsEvidence.

136

Search, must be shown to the person to be searched a warrant.

When an arrest, detention, in case of emergency, without using a search warrant to search.

-- --96In criminal procedure law [article111Article]

137

In search of time, should be searched or his family members, his neighbours or other witnesses.

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

-- --96In criminal procedure law [article112Article]

138

Search should be written transcripts, by the investigators and the person searched or his family members, his neighbours or other witnesses shall affix their signatures or seals. If the person to be searched or his family members have become fugitives or refuse to sign, seal, it shall be indicated in the notes.

-- --96In criminal procedure law [article113Article]

139

At the inquest, search that may be used to prove various articles and documents, the suspect's guilt or innocence shall be seized; irrelevant to a case may not be seized items, documents.

Seized articles and documents, shall be properly kept or sealed up, and shall not use or damage.

-- --96In criminal procedure law [article114Article]

In theThe investigation activitiesThat may be used to prove a variety of criminal suspect's guilt or innocenceProperty, documents, shallAttachment, seizureHave nothing to do with the caseProperty, file, notAttachment, seizure.

YesAttachment, seizureTheProperty, documents, shall be properly kept or sealed up, do not use,ExchangeDamage or destruction of.

140

Seized articles and documents, should be with the eyewitnesses and the holder of the seized articles were clear, on the list of two copies,By the investigators, the witness and the holder of the signature or seal, a given to the holder, the other copy shall be kept on file for reference.

-- --96In criminal procedure law [article115Article]

YesAttachment, seizureTheProperty, documents, should be with the eyewitnesses andAttachment, seizure of propertyThe file holder, careful check, on the spot and make a detailed list of two copies, by the investigators, the witness and the holder of the signature or seal, a given to the holder, the other copy shall be kept on file for reference.

141

Investigators think need to detain suspects mail, telegraph, approval of the public security organ or the people's Procuratorate, notify the post and telecommunications offices to mail, telegraph inspection to seizure.

Do not need to continue to detain, shall immediately notify the post and telecommunications offices.

-- --96In criminal procedure law [article116Article]

142

The people's Procuratorate, 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.

The suspect's deposits, remittances have been frozen, it may not be frozen again.

-- --96In criminal procedure law [article117Article]

The people's Procuratorate, 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 and other property. The units and individuals concerned shall cooperate with the.

The suspect deposit, remittance,Bond, stock, fund and other propertyHave been frozen, it may not be frozen again.

143

Seized articles, documents, mail, telegram or frozen deposits, remittances, find out the irrelevant to the case shall be cancelled within three days, seizure, freezing, returned to their original owners or the original post and telecommunications offices.

-- --96In criminal procedure law [article118Article]

YesAttachment, seizureTheProperty, file, mail, telegram or frozen deposits, remittances,Bond, stock, fund and other propertyThrough investigation, unrelated to the case, shall be cancelled within three daysAttachment, seizure, freezing,Refunded.

144

In order to find out the case, when the need for some specific problems to solve in the case, shall appoint, hire an expert who was identified.

-- --96In criminal procedure law [article119Article]

145

After verification, shall write a conclusion of expert evaluation, and signature.

Medical identification of personal injury controversial needs to be identified or medical expertise on mental illness, designated by the people's government at the provincial level hospital. After verification, shall write a conclusion of expert evaluation, and signed by the appraiser, a hospital official seal.

Identification of intentionally makes a false verification, he shall assume legal responsibility.

-- --96In criminal procedure law [article120Article]

After verification, it shall make a writtenExpert opinion, and signature.

Identification of intentionally makes a false verification, he shall assume legal responsibility.

146

The investigation organ shall be the appraisal conclusion to be used as evidence to inform the suspect, the victim. If the criminal suspect, the victim can apply, supplementary identification or re identification.

-- --96In criminal procedure law [article121Article]

The investigation organ shall be used as evidenceExpert opinionTo inform the suspect, the victim. If the criminal suspect, the victim can apply, supplementary identification or re identification.

147

During the identification of mental diseases of the suspect is not included in the deadline.

-- --96In criminal procedure law [article122Article]

148

The public security organs in the case, for the crime of endangering national security, terrorism, organized crimes of the underworld, serious drug crime or other serious harm to society of criminal cases, according to the need for crime investigation, through strict approval procedures, can take the technical investigation measures.

The people's Procuratorate in the case, the major crime of embezzlement, bribery crimes and serious violations of civil power of body right use, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation, in accordance with the regulations to relevant authorities.

Hunt was wanted, or approval and decided to arrest the escaped criminal suspects, defendants, approved, technical investigation measures can be taken to hunt the necessary.

149

The approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. Since the date of issue of the approval decision within three months. Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation, after approval, the validity period may be extended, each time shall not exceed three months.

150

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

The investigators state secrets, to know to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential, to take measures of technical investigation; get nothing to do with the case materials, must be destroyed.

Adopt the measures of technical investigation to obtain material, can only be used for crime investigation, prosecution and trial, shall not be used for other purposes.

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.