251

If the people's court to the Supreme People's court orders of execution, shall be executed within seven days. But one of the following circumstances, should stop the execution, and immediately report to the Supreme People's court, the Supreme People's court for a ruling:

(a) before the execution is found in the judgment may be wrong;

(two) in the implementation of the criminal exposes major criminal facts or other major meritorious service, may require revision;

(three) if the criminal is pregnant.

The first, lost second to stop the execution after the reasons, must be submitted to the Supreme People's court re issue of the command execution to perform; because of the third reasons to stop execution, shall be submitted to the Supreme People's court shall be amended according to the law.

-- --96In criminal procedure law [article211Article]

252

The people's court in the delivery of execution, shall notify the people's Procuratorate at the same level to the spot supervision.

Shooting or injection method of execution of the death penalty.

A death sentence may be executed on the execution ground or in a designated place of custody.

The judicial personnel command execution, shall verify the identity of the criminal, interrogation has any last words, letters, and then executed for execution of the death sentence. Before the execution, if it is found that there may be an error, the execution shall be suspended, submitted to the Supreme People's court.
The death penalty should be released, should not be publicly.

After a death sentence is executed, the court clerk on the scene shall prepare a written record. The people's court shall deliver the execution situation report to the Supreme People's court.

After the execution, delivery of the court enforcement shall notify the family members of the criminal.

-- --96In criminal procedure law [article212Article]

253

The criminal was delivered to the execution of the sentence, the people's court shall be executed by the relevant legal documents to a prison or other executing organ.

Who is sentenced to death with two years reprieve, life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. For was sentenced to criminal punishment, was executed, the remaining term of his sentence in the following year, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ.

For juvenile delinquents shall be the execution of criminal punishments on juvenile delinquents.

An executing organ shall take custody of criminal in time, and notify the family members of the criminal.

Sentenced to prison, criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.

-- --96In criminal procedure law [article213Article]

The criminal was delivered to the execution of the sentence, shall be made by the people's court delivered executionIn the ten days after the entry into force of the decisionThe relevant legal documents toPolice, a prison or other executing organ.

Sentenced to two year stay of execution, shall be sentenced to life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. To be sentenced to criminal punishment, was executed, the remaining term of his sentenceIn the following three monthsA caretaker for execution. Sentenced to criminal detention, executed by a public security organ.

For juvenile delinquents shall be the execution of criminal punishments on juvenile delinquents.

An executing organ shall take custody of criminal in time, and notify the family members of the criminal.

Sentenced to prison, criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.

254

For was sentenced to criminal detention or, in any of the following circumstances, can the temporary execution outside prison:

(a) have a serious need for medical treatment;

(two) pregnant or breast-feeding her baby.

To apply for medical treatment may be a danger to the society of criminals, or self injury self mutilation of criminals, not for medical treatment.

If a criminal is truly serious diseases, must be released for medical treatment, the hospital issued documents designated by the people's government at the provincial level, and in accordance with the procedures prescribed by law.

Findings were released on medical parole criminals do not meet the medical parole conditions, or seriously violates the relevant medical parole provisions, shall timely put in prison.

For sentenced to prison, detention, the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community criminals, can the temporary execution outside prison.

For the temporary execution outside Prison Criminals, performed by the residence of the public security organ, the executing organ shall on its strict management and supervision, the original unit grass-roots organization or the criminals to assist in supervision.

-- --96In criminal procedure law [article214Article]

To be sentenced to criminal detention or, in any of the following circumstances, can the temporary execution outside prison:

(a) have a serious need for medical treatment;

(two) pregnant or breast-feeding her baby;

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

Sentenced to life imprisonment, with the provisions of the second case, can the temporary execution outside prison.

To apply for medical treatment may be a danger to the society of criminals, or self injury self mutilation of criminals, not for medical treatment.

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

In the delivery of the temporary execution outside prison before the execution, the people's court executed; in the delivery of execution, the temporary execution outside prison written opinions put forward by prison or detention, approved by the provincial prison administration departments or districts of the city level public security organs.

255

The prison guards, the proposed temporary execution outside prison of the written opinions, shall send a copy of the written opinion of the people's procuratorate. The people's Procuratorate decided or approved by the authorities to put forward written opinions.

256

Approved the temporary execution outside prison organ shall send a copy of its decision on the approval of people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month written opinions to the approval of the temporary execution outside prison authorities, approval written opinions to the temporary execution outside prison authorities received the people's Procuratorate, shall immediately to reexamine its decision.

-- --96In criminal procedure law [article215Article]

A decision or approvedThe temporary execution outside prison shall be temporary execution outside prison decided to sent to the people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month to submitA decision or approvedThe temporary execution outside prison authorities,A decision or approvedThe temporary execution outside prison authorities received the written opinions of the people's Procuratorate, shall immediately and re verification of the decision.

257

The temporary execution outside prison after the disappearance of the circumstances, the criminal sentence is not full, it shall timely put in prison.

Prisoners died in the temporary execution outside prison period, it shall timely notify the prison.

-- --96In criminal procedure law [article216Article]

The temporary execution outside Prison Criminals, one of the following circumstances, should be promptly sent to prison:

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

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

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

The decision of a people's court temporary execution outside prison criminals should be put in prison, decided by a people's court, the relevant legal documents to a public security organ, a prison or other executing organ.

Do not meet the conditions of the temporary execution outside prison through bribery and other illegal means by the temporary execution outside prison, during the execution of sentence outside prison shall not be included in the term of execution. The criminals in the temporary execution outside prison during the escape, escape is not included in the term during execution.

Prisoners died in the temporary execution outside prison during the,An executing organ shall timely notify the prison or detention."

258

For was sentenced to probation criminals, by the public security organ to the unit or the basic level organization review.

For a parolee, during the probation period, the public security organ shall supervise.

-- --96In criminal procedure law [article217Article]

Sentenced toControl, probation, parole or temporary execution outside prisonCriminals, according toThe implementation of the law of community correction, community correction agencies responsible for the implementation of.

259

Who is sentenced to control, deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the executing organ shall notify me, and to the masses concerned publicly announced deregulation or the restoration of political rights.

-- --96In criminal procedure law [article218Article]

Sentenced to deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the organ executing theWritten noticeIUnits and organizations at the grassroots level, place of residence.

260

Be sentenced to a fine of criminals, expired not to pay, the people's court shall compel payment; if an irresistible disaster has true difficulties in paying, an order may be made to reduce or exempt.

-- --96In criminal procedure law [article219Article]

261

Confiscation of property judgment, whether additional punishment or independently, are executed by the people's court; when necessary, can be jointly with the public security organ.

-- --96In criminal procedure law [article220Article]

262

The criminals in prison again commits a crime, or that the decision was not found guilty, the executing organ shall transfer to the people's Procuratorate handling.

Sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court for examination and decision.

-- --96In criminal procedure law [article221Article]

The criminals in prison again commits a crime, or that the decision was not found guilty, the executing organ shall transfer to the people's Procuratorate handling.

Sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court for examination and decision,And the proposal for the people's Procuratorate carbon copy. The people's procuratorates can put forward written opinions to the people's court.

263

The people's Procuratorate believes that the people's court commutation, parole court is improper, shall within twenty days after the receipt of the order book copy, submit a written recommendation to the people's court. The people's court shall receive rectification opinions within one month after the re form a collegial panel to conduct the trial, to make a final decision.

-- --96In criminal procedure law [article222Article]

264

Prison or other executing organ in the execution of punishment, if there is an error in the judgment or the criminal complaint, it shall refer the matter to the people's Procuratorate or the people's court.

-- --96In criminal procedure law [article223Article]

265

The people's Procuratorate of the execution of criminal punishments by executing organs supervise the legality. If found illegal, it shall notify the executive organs to correct.

-- --96In criminal procedure law [article224Article]

266

On juvenile delinquency to implement education, probation, save policy, giving priority to education, supplemented by the principle of punishment.

The people's court, the people's procuratorates and the public security organs for minor criminal cases, should guarantee minors to exercise their litigation rights, protection of minors legal help, and undertaken by the judges, with minor physical and psychological characteristics of the prosecutors, investigators.

267

The juvenile criminal suspects, the accused does not entrust a defender, the people's court, the people's Procuratorate, the public security organ shall inform the legal aid institutions appointed a lawyer for the defence.

268

The public security organs, people's Procuratorate, the people's court for minor criminal cases, according to the situation of the juvenile criminal suspects, defendants growth experience, the causes of crime, care and education investigation.

269

Strictly limited to the juvenile criminal suspects, defendants shall apply the arrest measure. The people's Procuratorate for examination and approval of arrest and the decision of the people's court shall interrogate arrests, juvenile criminal suspects, defendants, listen to the views of lawyers.

The detention, arrest and execution of the criminal punishment of minors and adults should be held, respectively, respectively, education management.

270

For minor criminal cases, at the time of interrogation and trial, it shall notify the juvenile criminal suspects, the legal representative of the defendant at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives may also notify the juvenile criminal suspects, defendants, on behalf of the local schools, units, place of residence or juvenile protection organizations of the scene, and the relevant record. Present legal representative may exercise the juvenile criminal suspects, the defendant's litigation rights.

The present legal representative or other personnel that investigators violations of the legitimate rights of minors in the interrogation, trial, can give advice. The interrogation record, the court record shall be delivered to the present legal representative or other personnel to read or read to him.

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

The trial of juvenile criminal cases, minor last statement by defendant, his legal representative may be supplementary statement.

Ask the underage victim, witness shall apply, first, second, third.

271

For minors suspected of criminal law the fourth chapter, the fifth chapter, the sixth chapter provisions of the crime, may be sentenced to the penalty for a year, in line with the conditions for prosecution, but there is repentance, the people's Procuratorate may decide not to prosecute the conditional decision. The people's Procuratorate before making a decision of conditional non prosecution, the victim shall listen to the views of the public security organ.

No prosecution for conditional decision, the public security organ for reconsideration, the victim for review or appeal, this Law shall apply to Article 175th, article 176th.

The juvenile criminal suspects and their legal representatives shall decide on the people's Procuratorate of the non prosecution of additional conditions have objection, the people's Procuratorate shall make a decision of prosecution.

272

In the non prosecution of additional conditions of the testing period, the conditional non prosecution of the minor suspects of supervision by the people's procuratorate. The guardian of the juvenile suspects, should strengthen the discipline to the juvenile criminal suspects, with the people's Procuratorate to the supervision and inspection work.

The non prosecution of additional conditions test for a period of six months or more for less than a year, the calculation of conditional non prosecution decision from the people's Procuratorate date.

Is the conditional non prosecution of the minor criminal suspects, shall comply with the following provisions:

(a) to abide by the laws and regulations, submit to supervision;

(two) reporting his activities in accordance with the provisions of the observing organ;

(three) leave live in city, county, or relocating, organ for approval before;

(four) received correction and education in accordance with the requirements of the observing organ.

273

Is the conditional non prosecution of the minor criminal suspects, one of the following circumstances in the test period, the people's Procuratorate shall revoke the decision of conditional non prosecution, prosecution:

(a) the implementation of the new crime or the discovery of decided to non prosecution of additional conditions before other crimes prosecution;

(two) in violation of public security administration regulations or provisions on the supervision and administration of the inspection authorities relating to the non prosecution of additional conditions, if the circumstances are serious.

Is the conditional non prosecution of the minor criminal suspects, no such situation in the test period, the test period, the people's Procuratorate shall make a decision not to initiate a prosecution.

274

The defendant when the trial under the age of eighteen cases, not a public hearing. However, with the consent of the juvenile defendant or his legal representative, the juvenile defendant's school and the minors protecting organizations can be represented at.

275

When he committed the crime under the age of eighteen, was sentenced to the punishment of five years, shall seal up the relevant criminal record.

Criminal records are sealed, not to any units and individuals, but the judicial organ for handling the need or the relevant units according to the provisions of the state for query except. Query units according to law, shall be sealed criminal record be kept confidential.

276

For minor criminal cases, unless otherwise stipulated in this chapter have, in accordance with the other provisions of this law.

277

The following cases of public prosecution, sincere repentance of criminal suspects and defendants, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle:

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

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

The suspect, the defendant within five years had intentionally the crime, not the provisions of this chapter shall apply program.

278

Reconciliation, the public security organs, people's Procuratorate, the people's court shall listen to the opinions of the parties and other relevant personnel to review comments, voluntary reconciliation, legitimacy, and presided over the production settlement agreement.

279

To reach a settlement agreement case, the public security organ may make suggestions to the people's Procuratorate leniency. The people's Procuratorate may recommend lenient penalties to the people's court; for minor crimes, without penalty, may decide not to initiate a prosecution. The people's court may, according to law, the defendant lenient punishment.

280

For the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or criminal suspects, defendants to death, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, the people's procuratorate can put forward to the confiscation of illegal income shall apply to the people's court.

The public security organ considers that the circumstances as prescribed in the preceding paragraph, shall write the confiscation of illegal income opinions, to the people's procuratorate.

The confiscation of illegal income shall provide the relevant evidence materials application and the facts of the crime, the illegal income, and specify property types, number, location and attachment, seizure, freezing condition.

The people's court when necessary, seizure, seizure, freezing can apply for the confiscation of property.

281

The confiscation of illegal income application, by the criminal suspect, the defendant or the place of residence of the intermediate people's court formed a collegiate bench trial.

The people's court shall confiscate the illegal income after the application, shall be issued a notice. The announcement during a period of six months. People near relatives or any other interested the suspect, the defendant has the right to apply to participate in the litigation, or may entrust an agent to participate in the proceedings proceedings.

The people's court at the expiry of the notice to the confiscation of illegal income for trial. The interested parties to participate in the proceedings, the people's court shall open the court session.

282

The people's court, to verify illegal income and other involved property, except to be returned to the victim, shall make a ruling shall be confiscated; does not belong to the property shall be recovered, the court shall apply, lifting attachment, seizure, freezing measures.

The people's court in accordance with the provisions of the preceding paragraph decision, near relatives or any other interested the suspect, the defendant or the people's procuratorate can appeal, appeal.

283

During the trial, criminal suspects, defendants, surrendered or captured, the people's court shall terminate the trial.

Confiscation of criminal suspects, defendants property is wrong, he shall return, compensation.

284

 The violence, endangers public security or serious harm to personal safety, the mental patient through legal procedures shall not bear criminal responsibility identification, continue to harm society possible, can be compulsory medical.

285

According to the provisions of this chapter shall compulsory treatment of mental patients, decided by a people's court.

  "Public security organs found mental patients comply with the compulsory medical conditions, should write compulsory medical opinion, to the people's procuratorate. For mental patients in the process of review and prosecution was transferred by the public security organ or in accordance with compulsory medical conditions, the people's Procuratorate shall forward the application to the people's court for compulsory medical. The people's court in the case was found during the defendant comply with the compulsory medical conditions, can make the compulsory medical decisions.

  "The mental patient to violence, in the decision of a people's court compulsory medical treatment, the public security organ may take protective measures to restrain the temporary.

286

The people's court for compulsory treatment application, shall form a collegial panel to conduct the trial.

The people's court compulsory medical case, it shall notify the applicant or the legal representative of the defendant at. The applicant or the accused does not entrust agents ad litem, the people's court shall inform the legal aid institutions to appoint a lawyer for legal assistance.

287

The people's court, for the respondent or defendant comply with the compulsory medical conditions, should be made compulsory medical treatment within one month of the decision.

Decided by the compulsory medical person, the victim or his legal representative, close relative refuses to accept the compulsory medical decision, may apply to a people's court at the next higher level for reconsideration.

288

Compulsory medical institution shall regularly to be compulsory medical person for diagnostic assessment. To have nothing to do with the personal danger, no need to compulsory medical treatment, shall timely termination of opinion, reportedly decided to the approval of the people's court for compulsory treatment.

Be forced to medical men and their near relatives shall have the right to apply for cancellation of the compulsory medical.

289

The people's Procuratorate decision and execution of compulsory medical supervision.

290

The security departments of the army took place within the criminal case to exercise the power of investigation.

In jail for the criminal cases of crimes of investigation by the prison.

The security departments of the army, prison in handling criminal cases, the relevant provisions of this Law apply.

-- --96In criminal procedure law [article225Article]