Judicial interpretation of the Supreme Court of the people's Republic of China

Interpretation (2012) No. 21

"Explain" the Supreme People's Court on the application of people's Republic of China Criminal Procedure Law > the Supreme People's Court on November 5, 2012 the 1559th meeting of the judicial committee, is hereby promulgated, shall enter into force as of January 1, 2013.

Supreme People's court

December 20, 2012

Interpretation (2012) No. 21

Supreme People's court

On the application of "the people's Republic of China Criminal Procedure Law" interpretation

(by the Supreme People's Court on November 5, 2012 the 1559th meeting of the judicial committee)

Catalog

The first chapter jurisdiction

The second chapter avoidance

The third chapter defence and representation

The fourth chapter evidence

Section 1 General Provisions

And that second day material evidence, documentary evidence review

And that third day testimony of witness, the statement of the review

And that fourth day defendant confession and exculpation review

And that fifth day appraisal review

And that sixth day inquest, inspection, identification, investigation, record review

And that seventh day audio-visual materials, electronic data examination

The eighth section illegal evidence exclusion

A comprehensive review of the ninth day evidence and Application

The fifth chapter compulsory measures

The sixth chapter incidental civil action

The seventh chapter, served, during the trial period

The eighth chapter trial organization

The ninth chapter prosecution case the ordinary procedure of first instance

The first section examination preparation and before the court

The second section announced the court and the court investigation

The third section court debate and the final statement

The fourth section deliberating cases and judgment

The fifth section court rules and other provisions

The tenth chapter private prosecution procedure of first instance

The eleventh chapter unit crime case

The twelfth chapter summary procedure

The thirteenth chapter procedure of second instance

The fourteenth chapter below the legally prescribed punishment penalty and special parole approval

The fifteenth chapter review procedure of death penalty

The sixteenth chapter attachment, seizure, freezing the property and processing

The seventeenth chapter trial supervision procedure

The eighteenth chapter foreign-related criminal trial and judicial assistance

The nineteenth chapter executive program

The first section of execution

The second section death sentence with a reprieve, life imprisonment, have executed in prison, criminal detention

The third section control, probation, deprivation of political rights is executed

The fourth section property punishment and incidental civil judgment execution

The fifth section commutation, parole hearing of cases

The sixth section probation, parole revocation

The twentieth chapter minors procedure of criminal case

Section 1 General Provisions

The second section court preparation

The third day trial

The fourth Festival Executive

The twenty-first chapter mediation in cases of public prosecution procedure

The twenty-second chapter criminal suspects and defendants, escape, death cases of illegal income confiscated program

The mental patient twenty-third chapter shall not bear criminal responsibility of compulsory medical procedures

The twenty-fourth chapter supplementary provisions

In March 14, 2012, the eleventh session of the National People's Congress passed the fifth meeting on the revision of the criminal procedure law "'' of the people's Republic of China decided to". In order to correctly understand and apply the amended criminal procedure law, the people's court trial in combination with the actual work, this interpretation is formulated.

The first chapter jurisdiction

A case of private prosecution for the first directly with the people's court shall include:

(a) to be handled the cases:

The insult, libel case (with the exception of the criminal law 246th stipulation, but serious harm to social order and national interest);

The violence of interference in the freedom of marriage case (article 257th of the criminal law stipulated in the first paragraph);

The abuse case (article 260th of the criminal law stipulated in the first paragraph);

The embezzlement case (the criminal law 270th stipulation).

(two) the people's Procuratorate no prosecution, the victim has evidence to prove that they are minor criminal cases:

"The case of intentional injury (article 234Th of the criminal law stipulated in the first paragraph);

The burglary case (the criminal law 245th stipulation);

The violation of freedom of communication (the case of article 252nd of the criminal law);

In the case of bigamy (the criminal law 258th stipulation);

The case of abandonment (the criminal law 261st stipulation);

The production, the sale of fake and shoddy merchandise case (except for the first section of the third chapter of criminal law provisions, but serious harm to social order and national interest);

The intellectual property rights infringement case (with the exception of criminal law third chapter of seventh, but the serious harm to the social order and the interests of the state);

Provisions of the criminal law fourth chapter, fifth chapter, the defendant may be sentenced to the punishment cases three years.

The provisions of the case, the victim directly to the people's court, the people's court shall accept the case. The lack of evidence, can be accepted by the public security organs, or that the defendant may be sentenced penalty above three years, shall notify the victim report to the public security organs, or to the public security organ for investigation.

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

Second crime includes the crime occurred and the result of crime occurrence.

Based on or using computer network crime, crime includes the crime happened to web server located, network access, website, management place, be against the computer information system and management of computer information system, the defendant, the use is located, as well as the victim property damage more.

Third defendants domicile to the residence. Place of residence and domicile inconsistent, habitual residence is the place of residence. The habitual residence of the defendant accused has more than one year of continuous residence place, but hospitalized except.

The defendant unit residence for their place of residence. The principal place of business or main office is located and registered domicile inconsistent, principal place of business or main office is located in the place of residence.

Fourth in areas outside the people's Republic of China Chinese ship crime, under the jurisdiction of the people's court initially moored by the ship's Chinese port where the.

Fifth in areas outside the people's Republic of China China aircraft in crime, the aircraft Chinese first landed in the jurisdiction of the people's court.

Sixth in international trains on crime, according to the agreement signed between China and relevant countries to determine jurisdiction; no agreement, jurisdiction initially docked by the train Chinese station is located or destination of the railway transportation court.

Seventh Chinese citizens in China embassies, consulate in crime, the competent units or the people's court for the original domicile jurisdiction.

Eighth Chinese citizens in the territory of the people's Republic of crime under the jurisdiction of the people's court, the entry or departure from the former residence of the victim is Chinese; citizen, under the jurisdiction of the people's court or by the former residence of the victim's departure.

Ninth foreigners in the territory of the people's Republic of the people's Republic of China or the citizens crime, according to the "PRC Criminal Law" should be punished, the foreigner entry after entry, residence or killed under the jurisdiction of the people's court Chinese citizen departure areas.

Tenth provisions of the people's Republic of China on the international treaties concluded or acceded to by the people's Republic of China of the crime, within the scope of its treaty obligations, exercising criminal jurisdiction, the defendant was captured by the jurisdiction of the people's court.

Eleventh is serving a sentence without judgment before the judgment is pronounced, and other crimes, shall be under the jurisdiction of the people's court; by criminals or criminal trial of the people's court is more appropriate, under the jurisdiction of the people's court may by criminals or criminal.

The criminals in prison and crime, under the jurisdiction of the people's court sentenced by the.

The criminals in crime during the escape from prison, under the jurisdiction of the people's court. However, caught the criminal in the crime and the crime in the period of the escape, under the jurisdiction of the people's court to the crime.

Twelfth people's Procuratorate think may be sentenced to life imprisonment, the death penalty, public prosecution to the intermediate people's court, the intermediate people's court, that need not be sentenced to life imprisonment or death, shall no longer pay the basic people's court trial, the trial.

Article thirteenth a committed several crimes, common crime and other trial cases, one or a crime under the jurisdiction of the people's court at a higher level to the jurisdiction of the people's court at a higher level, all.

Fourteenth superior people's court trial courts of jurisdiction of criminal cases of first instance, shall apply to the people's court at a lower level to change the jurisdiction decision, and notify the people's Procuratorate at the same level.

Fifteenth grassroots people's Court on may be sentenced to life imprisonment, the death penalty criminal cases of first instance, it shall transfer the case to the intermediate people's court trial.

The basic people's Court on the criminal cases of first instance, you can request a transfer intermediate people's court trial:

(a) major, complicated cases;

(two) a new type of difficult cases;

(three) has universal guiding significance in the case of the application of the law.

Need to transfer the case to the intermediate people's court trial, should report to the Dean decided, at the latest by the trial period of fifteen days before the expiry of a written request to the. The intermediate people's court shall make a decision within ten days after receiving the application. Agree to disagree, shall be issued to the people's court decision, a request to trial in accordance with the law; agreed to transfer, shall be issued to consent decision, and notify the people's Procuratorate at the same level.

Sixteenth people's courts have jurisdiction over a case involving the president of the court to avoid and other reasons, not the exercise of jurisdiction, may request to the people's Court level jurisdiction. The people's court at a higher level may also specify the jurisdiction, jurisdiction and the requesting the people's court at the same level of other people's court.

Seventeenth people's courts at the same level of more than two have jurisdiction over a case, the people's court that first accepted. When necessary, can be transferred to the main criminal trial of the people's court.

The dispute of jurisdiction shall be resolved through consultation, in the trial period; the consultation fails, by the people's court dispute respectively via the common superior people's court for the designation of jurisdiction.

Eighteenth superior people's court when necessary, you can specify an inferior people's court for the jurisdiction of the case to the other lower level people's court trial.

Nineteenth superior people's court for the designation of jurisdiction, the people's court shall be designated jurisdiction decision respectively to the designated jurisdiction and other relevant people's court.

Twentieth was accepted by the people's court cases received superior people's court decision, agreed to change the jurisdiction of the decision or other designated court jurisdiction the written decision, in a case of public prosecution, shall notify the people's Procuratorate at the same level, and the materials returned, and notify the party concerned in writing; in a case of private prosecution, the people's court shall be the materials transferred to the designated jurisdiction, and notify the party concerned in writing.

Twenty-first second court remanded the case, the people's Procuratorate prosecution to withdraw after the people's court at a lower level, but also to the people's Court of first instance to prosecution, if the people's court shall be reported level by level people's Court of second instance related information of the original. The people's Court of second instance original according to the specific circumstances, can decide to transfer the case to the people's Court of first instance or other people's court trial.

Twenty-second army and local inter related criminal cases, in accordance with the relevant provisions of the jurisdiction.

The second chapter avoidance

Twenty-third trial one of the following circumstances, it shall voluntarily withdraw, the parties and their legal representatives shall have the right to apply for withdrawal:

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

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

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

(four) near relatives and the defender, agent ad litem;

(five) has some other kind of relationship with a party to the case, which may affect the fair trial.

Twenty-fourth judicial personnel in violation of the provisions of, any of the following circumstances, the parties and their legal representatives shall have the right to apply for withdrawal:

(a) with a party to the case in violation of the provisions, the defender, agent ad litem;

(two) recommendation, the defender, agent ad litem for a party to the case, or other personnel management, as a lawyer in the case;

(three) for receiving a party to the case, and the principal property or other interests;

(four) accept dinner parties to the case and their clients, or participated in by the payment activities;

(five) to the parties to the case and their clients to borrow money;

(six) there are other improper behavior, which may affect the fair trial.

Twenty-fifth participated in this investigation, the prosecution work investigation, procuratorial personnel, work to the people's court, as the case may be judges.

The members of this case in the trial in a trial of the collegial panel or the single judge, shall not participate in other programs in this trial. However, the case remanded, in the people's Court of first instance judgment and into the procedure of second instance or the death penalty review procedure, the procedure of second instance or the death penalty review procedure of the collegial panel shall not be subject to the provisions of paragraph limit.

Twenty-sixth the people's court shall inform the parties and their legal representatives shall have the right to apply for withdrawal, and inform the members of the collegial panel, the single judge, clerk personnel list.

Twenty-seventh judges to apply for withdrawal, the parties and their legal representatives or apply for withdrawal of the judicial personnel, can be oral or written, and explain the reason, be decided by the president.

Dean voluntarily request for withdrawal, the parties and their legal representatives, or apply for withdrawal, decided by the judicial committee for discussion. The trial committee, chaired by the vice president, the President shall not participate in the.

Twenty-eighth parties and their legal representatives in accordance with the law of criminal procedure and the twenty-ninth to explain the twenty-fourth provisions apply for withdrawal, proof materials shall be submitted.

Article twenty-ninth shall avoidance of judges is not self withdrawal, the parties and their legal representatives did not apply for his withdrawal, President of the judicial committee shall decide the avoidance or.

Article thirtieth the parties and their legal representatives 's application for withdrawal, the people's court may be oral or written decision, and inform the applicant of the decision.

The parties and their legal representatives shall apply for withdrawal is rejected, it may apply for reconsideration upon receipt of the decision. Does not belong to avoid the application circumstances stipulated in Criminal Procedure Law Article twenty-eighth, article twenty-ninth, the court the court rejected, and may not apply for reconsideration.

Article thirty-first the parties and their legal representatives for prosecutors to avoid, the people's court shall decide to adjourn, and notify the people's procuratorate.

The judicial personnel thirty-second referred to in this chapter, including the president of a people's court, vice president, members of the judicial committee, the president, vice president, assistant judges, judges and people's assessors.

The relevant provisions of the withdrawal of the judicial personnel for translators and experts thirty-third clerk, to avoid problems, it shall be decided by the court president.

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

The third chapter defence and representation

Thirty-fifth people's court cases, should fully guarantee the accused shall enjoy the right of defense.

The defendant in addition to exercising the right to defend himself, also can entrust his defense. The following persons shall not serve as defenders:

(a) are under criminal punishment or probation, the probation period in man;

(two) according to the deprivation, restriction of personal freedom of the people;

(three) no capacity or limited capacity;

(four) the people's court, the people's Procuratorate, the public security organ, the state security organs, prisons present personnel;

(five) the people's jury;

(six) has an interest relationship with the trial results;

(seven) a foreigner or stateless person.

The fourth to the provisions of the seventh, if the defendant's guardian, close relatives, the defendant is appointed as the defender, permit.

Thirty-sixth judges and the people's court other personnel from a people's court within two years after leaving, not as a lawyer counsel.

The judges and the people's court other personnel from a people's court after leaving, not as the original court trial counsel, except as a defendant's guardian, close relatives of defense.

The judges and the people's court other staff of the spouse, children or parents may act as the court hearing the case of the defenders, except as a defendant's guardian, close relatives of defense.

Thirty-seventh lawyer, recommend people groups, the defendant unit, or the defendant's guardians, relatives and friends to be appointed as the defender, the people's court shall verify the identity and authorization.

Thirty-eighth a defendant may entrust one or two persons as his defenders.

A lawyer shall not be more than two co accused, defendant or not co processing but the facts of the crime related defense.

Thirty-ninth if the accused does not entrust a defender, the people's court shall within three days of the date of the case, shall have the right to inform the entrusted people; the defendant due to financial difficulties or other reasons, counsel did not entrust, shall inform the may apply for legal aid; the defendant shall be to provide legal aid cases according to law, shall inform the legal aid institutions appoint lawyers to provide notice to defend.

That can be taken orally or in writing.

During the fortieth trial, the defendant in custody requirements entrusted a defender, the people's court shall within three days of their guardians, relatives or its designated personnel to convey the requirements. The defendant shall provide relevant personnel contact. The relevant personnel can not notice, it shall inform the defendant.

Article forty-first the people's court in received legal aid the defendant to apply for legal aid institutions, should be referred to the site within twenty-four hours.

The defendant for the following forty-second not entrust a defender, the people's court shall notify the legal aid institutions appoint lawyers to defend the:

(a) the blind, deaf, dumb;

(two) mental patient who has not completely lost the ability to recognize or control his own conduct;

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

The higher people's Court of review of death penalty cases, if the accused does not entrust a defender, shall inform the legal aid institutions appoint lawyers to defend the.

Forty-third has one of the following circumstances, if the accused does not entrust a defender, the people's court may inform the legal aid institutions appoint lawyers to defend the:

(a) in a case of joint crime, the other defendants have to entrust defenders;

(two) have a significant social impact of the case;

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

(four) the act of the defendant may not constitute a crime;

(five) other circumstances it is necessary to appoint a lawyer to provide defense.

Forty-fourth notice of the people's court appointed lawyers to defend the legal aid institutions, should be legal assistance notice, a copy of the bill of prosecution or judgment to the legal aid institutions; decides to hear a case, except for the summary procedure shall, fifteen days before the hearing the material delivered to the legal aid institutions.

The notice shall state the legal aid case, the name of the defendant, provide grounds for legal aid, the judicial personnel's name and contact way; has decided to hold a trial court, shall state the time, place.

Forty-fifth defendant refused to appoint legal aid institutions lawyer, insist on exercising the right to defend himself, the people's court shall permit.

Shall be to provide legal aid cases, the defendant refused to appoint lawyers for the defence, the people's court shall ascertain the cause. Justification, it shall be allowed, but the defendant should entrust another defender; the accused does not entrust another defender, the people's court shall designate a lawyer at three days written notice of the legal aid institutions provide justification for the.

During the forty-sixth trial, counsel to accept his entrusted, shall be in the Commission within three days from the date of entrustment formalities, will be submitted to the people's court.

The legal aid institutions decided to defend the accused appoint lawyers, lawyers should be accepted within three days from the date of the assignment, legal aid procedures submitted to the people's court.

Forty-seventh defense lawyer may consult, extract, copy the materials. Other defenders, with permission of the people's court, may also consult, extract, copy the materials. The collegial panel, the judicial committee discussion records and other shall not open access, copy, excerpt materials shall not be.

Defender to consult, extract, copy materials in the case, the people's court shall provide convenient, and ensure the necessary time.

Copy files, photos, copies of materials can be used to scan mode.

Forty-eighth defense lawyers can be in custody or defendant under residential surveillance and communication meeting. Other defenders, with permission of the people's court, also can be in custody or defendant under residential surveillance meeting and communication.

Forty-ninth defender believes in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs to prove the defendant not guilty evidence materials were not transferred together with the case, apply to the people's court to obtain, shall be made in written form, and provide the relevant clues or materials. Apply to the people's court shall, after accepting, access to the people's procuratorate. The people's Procuratorate to the relevant evidence, the people's court shall timely notify the defendant.

A lawyer for fiftieth provided to the victims and their close relatives, the victim witness to collect materials related to the case, the people's court considers necessary, shall issue approval book.

Fifty-first defense counsel to the witnesses or the relevant units, personal collection, gathering evidence relevant to the case materials, because the witness or the relevant units, individuals do not agree, apply to the people's court to collect, transfer, or a notice of application of witnesses to testify in court, the people's court considers necessary, shall agree.

Fifty-second lawyer directly apply to the people's court to a witness or the relevant units, personal collection, to gather evidence, the people's court deems it necessary to collect, access, and should not or cannot be collected, the counsel called, should agree. The people's court to collect, to gather evidence, the defense lawyer may present.

Written evidence materials of the people's court for the collection, the units concerned to take, must be provided by the signatures, and affix its seal; documentary evidence material to the personal collection, transfer, must be provided by the signature of the person.

The people's court for evidence about the units, individuals, shall issue a receipt, indicating the name, the evidence material received on time, the number of pages, and whether the original, the clerk or the judicial personnel signature.

To collect, to gather evidence, it shall timely notify the attorney consult, extract, replication, and inform the people's procuratorate.

The fifty-third explained fiftieth to article fifty-second of the prescribed application, shall be made in written form and explain the reasons, clearly, need to collect, to gather evidence of contents or need to investigate the problem.

The defense lawyer's application, the people's court shall make decisions whether or not to grant the approval, in five days, and notify the applicant; decisions are not allowed, do not agree, it shall explain the reason.

Fifty-fourth a people's court within three days from accepting a case of private prosecution, shall, inform the prosecutor and his legal representative, incidental civil litigation parties and their legal representatives, have the right to entrust agents ad litem, and advise if economic difficulties, you can apply for legal aid.

Fifty-fifth party entrusts an agent ad litem, with reference to the provisions applicable law of criminal procedure and the thirty-second to explain the.

Fifty-sixth agents ad litem shall have the right according to the facts and the law, safeguard the victim, private prosecutor or incidental civil litigation rights and other lawful rights and interests.

Fifty-seventh with permission of the people's court, agents ad litem may consult, extract, copy the file material.

The lawyer serves as an agent ad litem, need to collect, obtain evidence relevant to the case materials, the interpretation of the provisions of fifty-first to fifty-third for reference.

Fifty-eighth litigation agent accept party entrusts or assigned legal aid agencies, shall within three days will entrust formalities or legal assistance procedures submitted to the people's court.

Fifty-ninth defender, agent ad litem copy materials in the case, the people's court only charge a fee; legal aid lawyer copying the necessary files material, shall waive or reduce the cost.

Sixtieth defense counsel to the people's court to inform the client or any other person to implement, the crime of endangering national security, public safety and serious endanger the personal safety is, the people's court shall record, the competent authority shall immediately to the treatment, and to reflect the situation of lawyers confidentiality.

The fourth chapter evidence

Section 1 General Provisions

Sixty-first facts of the case, must be based on evidence.

Sixty-second judges shall collect in accordance with legal procedures, review, verify, evidence.

Sixty-third evidence without exhibiting, identification, quality certificate, court investigation procedures verified, shall not be taken as a basis, but the provisions of the laws and the interpretation of otherwise.

Sixty-fourth should use evidence to prove the facts of the case include:

(a) the defendant, the victim's identity;

(two) the alleged crime exists;

(three) the accused crime whether the implementation of the defendant;

(four) the defendant has no criminal responsibility, the implementation of crime motive, purpose;

(five) the implementation of crime of time, place, means, consequences and the case etc.;

(six) effects of the defendant in the common crime of the status;

(seven) the defendant has no heavier, lighter, reduce, exempt from punishment;

(eight) about the supplementary civil action, disposal of property involved in the;

(nine) the relevant jurisdiction, avoidance, deferred trial procedure in fact;

(ten) other facts about the conviction and sentencing.

The defendant is guilty and shall be given a heavier punishment on the defendant, should apply the evidence, proof standard.

Sixty-fifth administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case process, audio-visual materials, electronic data evidence, in criminal proceedings can be used as evidence; the court verified, and collection procedures in accordance with the provisions of relevant laws, administrative regulations, can be taken as a basis.

According to the provisions of the laws, administrative regulations, exercise state administrative authority organization, in the administrative law enforcement and investigation to collect evidence material cases, as evidence of administrative organs collected.

The people's court in accordance with the provisions of article sixty-sixth 191st criminal procedure law investigation to verify the evidence, when necessary, may notify the prosecutor, defendant, private prosecutor and his legal representatives present. The researchers did not show up, shall be recorded.

The people's court investigation to verify the evidence, the discovery of new material evidence has great influence on the conviction and sentencing, it shall inform the prosecutor, defendant, private prosecutor and his legal representatives. When necessary, can also be extracted directly, and promptly notify the prosecutor, the defender, the private prosecutor and his legal representatives to consult, extract, replication.

Sixty-seventh the following personnel shall not act as the criminal activity witness:

(a) the defect or young physically, mentally, does not have the corresponding ability to discern or cannot properly express themselves;

(two) there is interest in the case, may affect the impartial handling of the case of people;

(three) the exercise of inspection, inspection, search, seizure, Criminal Litigation Authority Police, the judiciary staff or its staff.

Due to objective reasons can not meet the requirements by the personnel as witnesses, shall indicate the situation in the notes, and video for the related activities.

Sixty-eighth open trial, the prosecution, litigation participants proposed involving state secrets, commercial secrets or personal privacy of evidence, the court should stop. Evidence is relevant to the case, according to the specific circumstances, decide to take the case to not be heard in public, or to the relevant evidence in court investigation is not open to the public.

And that second day material evidence, documentary evidence review

Article sixty-ninth of material evidence, documentary evidence shall be emphatically examine the following contents:

(a) material evidence, documentary evidence is original, original, whether through identification, identification; evidence photos, videos, copy or copy, copy of documentary evidence is consistent with the original, the original, whether made by more than two people, there is no producer on the production process and raw materials, the original store where text and the signature;

(two) material evidence, documentary evidence collection procedures, whether in accordance with the law, the relevant provisions; the inquest, inspection, search, seizure of material evidence, documentary evidence extraction, whether with related record, list, record, whether the list by the investigators, the holder of the articles, signature of witness, no article holder signature, whether to indicate the reasons; item name, quantity, quality, features, or indicate clearly;

(three) physical evidence, documentary evidence in the collection, preservation, identification process is damaged or change;

(four) material evidence, documentary evidence and the facts of the case are irrelevant; on blood, scene and criminal identification with conditions related to humoral, hair, fingerprints and other biological samples, trace, articles, has been identified as DNA, fingerprint identification, and defendants and victims of the corresponding biological materials, biological characteristics geometric, articles of;

(five) associated with the material evidence, documentary evidence and the facts of the case is a comprehensive collection of.

Seventieth according to the evidence shall be the original verdict. The original inconvenient for transportation, is not easy to preserve, shall keep, handled by the relevant departments in accordance with the law, or shall be returned, can shoot, making enough to reflect the original shape and features photos, video, copy.

Evidence photos, videos, copy, can not reflect the shape and characteristics of original, shall not be taken as a basis.

Evidence photos, videos, copy, without error, identified as true or otherwise identified as true check with original, can be taken as a basis.

Seventy-first according to the documentary evidence shall be the original verdict. It is difficult to obtain the original copy, copy, you can use.

Documentary evidence to change or change the signs cannot explain copies of copies, or documentary evidence, cannot reflect the original and its contents, shall not be taken as a basis.

A copy of the documentary evidence, copy, without error, identified as true or otherwise identified as reality checks with the original, can be taken as a basis.

Seventy-second may be associated with the facts of the case of blood, body fluids, hair, body tissue, fingerprints, footprints, handwriting and other biological samples, trace and items, should be extracted without extraction, shall be checked without inspection, leading to the facts of the case in question, the people's court shall explain the situation to the people's Procuratorate, the people's procuratorate according to the supplementary collection, investigation and evidence obtainment or make reasonable explanations.

Seventy-third at the inquest, inspection, search process, material evidence, documentary evidence from seizure, not a book or list, can not prove that the evidence, documentary evidence sources, shall not be taken as a basis.

Material evidence, documentary evidence collection procedures, methods in any of the following defects, the correction or to make a reasonable explanation, can use:

(a) the inquest, inspection, search, extraction of notes or seizure list no investigators, the holder of the articles, signature of witness, or the name of goods, quantity, quality and other characteristics, indicating the unknown;

(two) evidence photos, videos, copy, copy, copy of documentary evidence does not indicate with the original check is, no time to copy, or no was collected, signature, seal;

(three) evidence photos, videos, copy, copy, copy of documentary evidence no producer about where the production process and the original, the original explanation, or description of no signature;

(four) there are other defects.

The material evidence, documentary evidence sources, collection procedure has doubt, can not make a reasonable explanation, the material evidence, documentary evidence shall not be taken as a basis.

And that third day testimony of witness, the statement of the review

Seventy-fourth shall mainly examine the following contents on the testimony of witnesses:

(a) the contents of the testimony is the direct perception;

(two) a witness to testify in age, cognitive, memory and the expression ability, physical and mental state whether the witness;

(three) the witness and a party to the case, case processing results with and without interest;

(four) asking the witness whether individually;

(five) for the production, modification is in conformity with the relevant provisions of law, asked, indicate whether the time and place for the first time, when asked whether to inform the witnesses to testify about the rights and obligations of the legal responsibility, the interrogation record check to confirm;

(six) ask the minors, whether to notify the legal representative or the relevant personnel to the scene, the legal representative or the relevant personnel are present;

(seven) the testimony of witnesses have no to violence, threats and other illegal methods to collect;

(eight) between the testimony and other evidence can confirm each other, there is no contradiction.

Seventy-fifth apparently drunk, poisoning or anesthesia state, can not be normal perception or the correct expression of witness testimony, shall not be used as evidence.

The speculation, commentary, inferential testimony, shall not be used as evidence, but according to the general life experience judgment except in accordance with the facts.

Seventy-sixth witness testimony is under any of the following circumstances, shall not be taken as a basis:

(a) witness no individual of;

(two) the written testimony by witnesses did not confirm;

(three) ask the deaf, dumb, deaf, dumb shall provide a gesture and not provided;

(four) ask the local language, the text does not know the witness, an interpreter shall be provided and not provided.

Collection procedures, seventy-seventh witness testimony has the following defects, the correction or to make a reasonable explanation, can use; no correction or to make a reasonable explanation, not as a basis:

(a) inquiry shall not asked, record, name of the legal agent and ask the starting and ending time, place;

(two) ask the site does not comply with the provisions of the;

(three) for the no record inform the witnesses on the right to testify obligations and liabilities of the;

(four) for the show at the same time, the same questions asked different witnesses.

Article Seventy-eighth the court made witness testimony, the prosecution and defense testimony, the court verified, should be taken as a basis.

The witness in court testimony before court testimony to its contradiction, witness to give a reasonable explanation, and relevant evidence, shall be accepted the court hearing; can not make a reasonable explanation, but the court testimony related evidence, can adopt the pretrial testimony.

The notice of the people's court without justified reasons, the witness refused to testify in court or court refused, the authenticity of the testimony can not be confirmed, the testimony of witnesses shall not be taken as a basis.

Seventy-ninth stated to the victim of examination and verification, the relevant provisions of this section are applicable.

And that fourth day defendant confession and exculpation review

Eightieth should focus on the review the following contents of confession and defence of the accused:

(a) interrogation time, place, the identity of the person, whether the interrogation interrogation mode number and in conformity with the relevant provisions of the law;

(two) production, the interrogation record whether changes in conformity with the relevant provisions of the law, whether or not a specific interrogation, indicate the time and place for the first time, questioned whether to inform the accused rights and legal provisions, whether the defendant confirm;

(three) the interrogation of juvenile defendants, whether to inform the legal agent or the relevant personnel to the scene, the legal representative or the relevant personnel are present;

(four) the defendant's confession not to torture to extract confessions and other illegal methods to collect the case;

(five) whether the defendant's statement consistent, there is no repeated and repeated reason; all confessions and excuse of the accused have been transferred along with the case;

(six) the defendant argued content is consistent with the case and common sense, there is no contradiction;

(seven) the defendant's confession and exculpation and co defendant's confession and exculpation and other evidence can confirm each other, there is no contradiction.

When necessary, can obtain interrogation recording, the defendant import health examination record, record the detention center, and combining audio and video recording, record, review of the content.

Eighty-first the confession of the defendant is under any of the following circumstances, shall not be taken as a basis:

(a) the interrogation record without the defendant confirm;

(two) the interrogation deaf, dumb people, should provide a deaf, dumb and not provide gesture;

(three) the defendant interrogation does not know the local language, the text, an interpreter shall be provided and not provided.

Eighty-second interrogation record has the following defects, the correction or to make a reasonable explanation, can use; no correction or to make a reasonable explanation, not as a basis:

(a) the interrogation record fill in the interrogation interrogation time, people, record, legal representative is wrong or contradictory;

(two) the interrogation without signature;

(three) the first interrogation no records told stipulated interrogation people related rights and law.

Eighty-third review confession and defence of the accused, should be based on both sides to provide all the evidence and the defendant's confession and exculpation of all.

As the defendant, but cannot explain the cause of the confession or excuse and evidence of the case of contradiction, and the pretrial confession and other evidence to support each other, can adopt the pretrial confession.

The defendant pre-trial confessions and excuse has repeatedly, but the trial confession, and other evidence and support each other, can adopt the courtroom confession; the defendant pre-trial confessions and excuse has repeatedly, the trial is not acknowledged, and no other evidence and pretrial confession confirmation, shall not be accepted the pretrial confession.

And that fifth day appraisal review

Eighty-fourth should focus on the review the following contents on expert opinion:

(a) whether the authentication institutions and identification with the statutory qualification;

(two) identification of human existence should be avoided;

(three) source, materials, storage, inspection made in compliance with the relevant provisions of the law, and the relevant records, extraction, seized items list, written content is consistent, samples is sufficient, reliable;

(four) form elements of expert opinion is whether complete, whether filed identification, identification of the reasons stated principal, identification, identification requirements, identification, identification method, identification of the date and other related content, whether the identification organization with dedicated seal judicial identification and signed by the appraiser, seal;

(five) the identification procedures are in compliance with the provisions of the relevant laws;

(six) whether the process and method of evaluation in accordance with the relevant professional standard;

(seven) the expert opinion is clear;

(eight) the expert opinion and factum probandum in have no association;

(nine) the expert opinion and investigation, inspection record and related photos or other evidence is contradictory;

(ten) the expert opinion is to inform the relevant personnel, the parties have no objection to the expert opinion.

Eighty-fifth expert opinion is under any of the following circumstances, shall not be taken as a basis:

(a) identification of institutions have no legal qualifications, or identification of issues beyond the business scope, technical conditions of the appraisal institutions;

(two) identification of the person does not have legal qualifications, do not have the relevant professional and technical or professional titles, or violates the provisions of the avoidance;

(three) the materials submitted, samples of unknown origin, or because of pollution do not have the condition of identification;

(four) identification of objects and materials submitted, samples are not consistent;

(five) identification procedures in violation of the provisions of the;

(six) the identification process and method is not in conformity with the relevant professional standard;

(seven) identification documents missing signature, stamp;

(eight) the expert opinion and cases to permit no related facts;

(nine) other circumstances in violation of the relevant provisions.

Eighty-sixth notified by the court, identification of refusing to testify in court, expert opinion shall not be taken as a basis.

Identification of human due to irresistible causes or for other legitimate reasons can not appear in court, the people's court may decide to adjourn the trial or re identification.

No legitimate reason refuses to appear in court to testify the identification of people, the people's court shall notify the judicial administrative organ or the relevant department.

Eighty-seventh on specific issues in the cases need to be identified, but not the legal institution of judicial authentication, or legal, judicial interpretation of the provisions of the test can be performed, can be assigned, employ specialized knowledge of inspection, the inspection report can be used as the conviction and sentencing reference.

And that the review of the inspection report, the relevant provisions of this section are applicable.

The people's court notice, inspection people refusing to testify in court, the inspection report shall not be as the conviction and sentencing of reference.

And that sixth day inquest, inspection, identification, investigation, record review

Eighty-eighth should focus on the review on the record of investigation, check the following:

(a) inspection, to check whether the law, making the records of compliance with the provisions of the relevant laws,, inspection, inspectors and the witness whether the signature or seal;

(two) record of investigation, check whether the records filed an inquest or examination, inspection, examination of the cause, time, location, presence of personnel, the range, the surrounding environment, site articles, personal, body position, characteristics of the situation, as well as the inquest, inspection, search process; written records and real or drawing, photo, video is consistent; site, articles, and whether the forgery traces, without damage; personal characteristics, the circumstances of the injury, physiological state without disguise or change;

(three) for inspection and examination, whether the reason again for inspection and examination, and an inquest or examination, and whether the contradiction.

Eighty-ninth inquest, inspection record are not in conformity with the law, the relevant provisions of the state, can not make a reasonable explanation or description, shall not be taken as a basis.

Ninetieth to identify transcripts should focus on the review process, method of identification, and the production of the transcripts to identify whether or not in conformity with the relevant provisions.

The transcripts to identify any of the following circumstances, shall not be taken as a basis:

(a) identification is not in the investigation personnel under the auspices of the;

(two) to identify people meet to identify objects identification before;

(three) identify the activities of no individual;

(four) identify the object does not have mixed in with other objects with similar characteristics, quantity or for identifying the object does not comply with the provisions of the;

(five) identification to recognize obvious hints or clearly identified;

(six) in violation of the relevant provisions of other circumstances, can not determine the transcripts to identify the authenticity of the.

The process, method ninety-first should focus on the review the Investigative Experiment record, and making the records of compliance with the relevant provisions.

The experimental conditions and events of the conditions have obvious difference, or the presence of other circumstances scientific experimental conclusion of Investigative Experiment record, shall not be taken as a basis.

And that seventh day audio-visual materials, electronic data examination

Ninety-second should focus on the review the following contents of audio-visual material:

(a) are attached to the extraction process description, the legality of the source;

(two) is the original, there is no copy and copy number; is a copy, if not, obtain the original reason with copies of the production process and the original location of the show, producer, the original audio-visual data holders to sign or seal;

(three) the existence of threat, inducement parties in violation of the law, the relevant provisions of the state in the process of making;

(four) shall include producer, the identity of the holder, time, location, condition and method of making;

(five) content and the production process is true, there is no clip, increase, delete etc.;

(six) content and the facts of the case have no association.

There are questions about audio-visual material, should be identified.

Ninety-third on e-mail, electronic data interchange, online chat, blog, micro blog, mobile phone short message, electronic signature, electronic data domain, we should examine the following contents:

(a) if the original storage medium transfer; in the original storage medium cannot be sealed, inconvenient movement or by the relevant departments, shall be kept in accordance with the law, the return process, extraction, copy the electronic data is carried out by more than two people, is enough to ensure the integrity of electronic data, there is no extraction, where the replication process and medium original store the text and signature;

(two) collection procedures, is in conformity with the laws and the relevant technical specifications; electronic data by investigation, inspection, search, investigation collection, whether it is accompanied by notes, list, and by the investigators, electronic data holders, signature of witness; no Holder Signature, whether to indicate the reasons; electronic data remote access to overseas or in different places the relevant circumstances, indicate whether; on electronic data specification, type, file format. Specify whether or not to know;

(three) electronic data content is true, there is no delete, modify, add situation;

(four) electronic data and facts have no association;

(five) electronic data associated with the facts of the case is a comprehensive collection of.

There are questions about electronic data, should be identified or tested.

One of the following situations with ninety-fourth audio-visual materials, electronic data, shall not be taken as a basis:

(a) after examination and unable to determine the authenticity of;

(two) production, the time, place, method of doubt, cannot provide the necessary certificate or to make a reasonable explanation.

The eighth section illegal evidence exclusion

Ninety-fifth use corporal punishment or corporal punishment in disguise, or use other defendants in the physical or mental suffering from severe pain or suffering, forcing the defendant breach will confess, shall be determined as fifty-fourth of the criminal procedural law stipulates "torture and other illegal methods".

That may be fifty-fourth of the criminal procedural law stipulates "seriously affected the judicial justice", should be considered for collecting physical evidence, documentary evidence in violation of the statutory procedures and the consequences of the severity of the situation.

Ninety-sixth parties and the defenders and agents ad litem, apply to the people's court to exclude the illegal methods to collect evidence, should provide clues for alleged illegal evidence of personnel, time, location, methods, contents or materials.

Ninety-seventh court to the defendant and his counsel to a copy of the bill of prosecution, shall inform the application of the exclusion of illegal evidence, shall be made prior to the trial, but the court found that except for clues or materials.

Ninety-eighth before the hearing, the parties and the defenders and agents ad litem, apply to the people's court for the exclusion of illegal evidence, the people's court shall copy before the court timely application or application notes and clues, materials to the people's procuratorate.

Ninety-ninth before the hearing, the parties and their counsel, litigation agent for the exclusion of illegally obtained evidence, the people's court after examination, have doubts about the legitimacy of evidence collection shall be in accordance with the provisions of article second, paragraph 182nd of the criminal procedure law called before the court session, on the exclusion of illegal evidence to understand the situation, listen to the views of. The people's procuratorates can produce relevant evidence materials, explained to the legitimacy of evidence collection.

Process 100th court, the parties and their counsel, litigation agent for application of the exclusion of illegal evidence, the court shall review. After review, there is doubt about the legitimacy of the evidence collection, should be investigated; no doubt, should explain the situation and reasons in court, to the court. The parties concerned and the defenders and agents ad litem, again for the same offence for the exclusion of illegal evidence, the court no longer review.

The collected on the legality of the evidence, according to the specific circumstances, can put forward to the exclusion of illegal evidence and its application in the defender, agent ad litem, can also be carried out in the court investigation before the end of.

During a court hearing, the parties and the defender, agent ad litem for exclusion of illegal evidence, the people's court after examination, does not meet the ninety-seventh interpretation of provisions, shall be examined in court investigation before the end, and decide whether the investigation evidence collection of legitimacy.

101st court decided to investigate the legality of evidence collection, by the public prosecutor, read by showing the interrogation record or other evidence, to play the interrogation process of recording, the court drew notice of investigation or other personnel to explain the situation and so on, prove the validity of evidence collection.

Indicating the material the prosecutor submitted forensics process legitimate, shall be approved by the relevant investigators signature, and stamped with official seal. Without the approval of relevant investigators signature, shall not be used as evidence. The above description of materials can not be alone as proof of lawful according to the evidence collection process.

102nd after the trial, confirmed or cannot rule out the existence of fifty-fourth criminal law provisions to collect evidence by illegal methods, exclusion of relevant evidence shall be.

The people's court to investigate the legitimacy of evidence collection, shall inform the public prosecutor, the investigation conclusion of the parties and the defender, agent ad litem.

103rd has one of the following cases, the people's Court of second instance shall examine the legality of evidence collection, and dealt with according to the relevant provisions of the criminal procedure law and the interpretation of the:

(a) the people's Court of first instance to exclude illegal evidence to the parties and the defenders and agents ad litem, the application has not been examined, and as the evidence according to the;

(two) the investigation conclusion of a people's Procuratorate or the defendant, private prosecutor and his legal representatives or the people's Court of first instance to the relevant evidence collection of legitimacy, protest, appeal;

(three) the parties concerned and the defenders and agents ad litem, found clues or materials in the first trial ended, apply to the people's court for the exclusion of illegal evidence.

A comprehensive review of the ninth day evidence and Application

104th authenticity of the evidence, the case shall be comprehensive review of the evidence.

Proof of evidence, should according to the specific circumstances, to check and judge the degree of connection between the evidence and the facts to be proved, evidence of contact.

There is an intrinsic connection between evidence, common to the same facts to be proved, there is no contradiction can not be excluded and can not explain the question, can be taken as a basis.

105th no direct evidence, but indirect evidence also meets the following conditions, can be found the defendant guilty:

(a) evidence has been verified;

(two) among the evidence proved, there is no contradiction can not be excluded and can not explain the question;

(three) all the evidence, has formed a complete proof system;

(four) according to the case facts sufficient to beyond reasonable doubt, the conclusion is unique;

(five) by using evidence reasoning logic and experience.

106th according to the defendant confession, identify the extraction to conceal evidence, documentary evidence is very strong, and the defendant's confession and other evidence that a crime happened each other, and the exclusion of collusion, torture, Yougong possibility, can found the defendant guilty.

107th take measures of technical investigation evidence collection, the exhibits, identification, quality certificate, court investigation procedure is verified, can be taken as a basis.

The use of the provisions of the preceding paragraph evidence may endanger the personal safety of the staff, or may have other serious consequences, the court shall take not to expose the identity, technology and other relevant personnel protection measures, when necessary, the judges in court to verify.

108th for defendants to investigation organs issued after, captured through the material, shall examine whether the instructions are issued by the material handling, the signature, stamp.

To appear after, captured after or decide whether the defendant is a major suspect in accordance with doubt, it shall require the investigation organs supplement.

109th following evidence shall be used cautiously, with other evidence, can be accepted:

(a) the physical defects, spirit, and expression of the facts of the case of cognitive difficulties, but not lose the correct cognition, expression ability of victims, witnesses and defendants made statements, testimony and confession;

(two) the defendant had relatives or other closely related with the defendant witness's testimony, or the defendant and the conflict of the witness testimony against the defendant.

110th evidential materials defendant surrendered, frankly, crime, not with the defendant, frankly accept, expose, units of the seal, or accept no signature, shall not be taken as a basis.

The defendants and their counsel have surrendered, frankly, criminal facts and reasons, the relevant organ has not identified, or the relevant authorities, the defendant has to surrender, meritorious performance, but not all of the evidence, the people's court shall require the agency to provide proof material, or require the relevant personnel to testify, and make the other evidence that.

111st prove defendant evidence recidivism, drug recidivism, judgment, including the former crime shall release proof material; incomplete materials, shall request the relevant organ to provide.

To achieve the corresponding legal responsibility age is 112nd review the implementation of the accused crime or trial, should be based on the household registration certificate, documents, registration card, the census registration, non interested testimony and other evidence judging the birth certificate.

To prove the defendant has over fourteen years of age, sixteen years of age, eighteen years of age or less than seventy-five years, the evidence is not sufficient, and the defendant shall be under the age of fourteen, less than sixteen years, under eighteen years of age or over seventy-five years of age.

The fifth chapter compulsory measures

113rd people's court cases, depending on the circumstances, may decide to summon, bail, residential surveillance or arrest the defendant.

The defendant, revoke or change to take compulsory measures, shall be decided by the court president.

114th summons the defendant refuses to appear in court to legally, or according to the circumstances of the case is the defendant need to summon, may summon.

Summon the defendant shall be issued by the Dean, coercive summons, performed by the judicial police, enforcement personnel shall not be less than two.

Summon the defendant, shall show the coercive summons. Resist the defendant subpoena, can use the ring.

115th summon the defendant, continuous time shall not exceed twelve hours; the case particularly heavy, complicated, need to take the measure of arrest, the duration of not more than twenty-four hours. Not to continuous summons into custody in disguised forms the defendant. His successor shall guarantee the diet and the necessary rest time.

116th defendant has sixty-fifth criminal procedure law, the provisions of the first paragraph of the circumstances, the people's court may decide to release on bail.

The defendant decided to bail, shall be ordered to provide a guarantor or pay money, may also use the guarantor guarantees and deposit guarantee.

117th following the defendant decided to bail, can be ordered to put one to two guarantee:

(a) to pay margin;

(two) minor or the full seventy-five years of age;

(three) the other defendants not deposits.

Article 118th the people's court shall review ensure compliance with the statutory conditions. In line with the conditions, shall notify the obligatory, and the issue of guarantee.

119th decides to bail the defendants by deposit guarantee, the specific amount shall be in accordance with the law of criminal procedure seventieth the provisions of paragraph 1 to determine the margin, and ordered the defendant or provide security for their individual units, the deposit will be deposited in a special account of a designated bank of public security organs.

120th court announced to the accused bail after the decision, the bail should be decided to books and other relevant materials to the local public security organ at the same level of execution; the defendant does not reside locally, to the residence of the public security organ to perform.

The use of security assurance for the accused, should be in the verification of security has been deposited in a special account public security organs in the designated banks, the receipts issued by the bank to be submitted to the public security organ.

121st defendant is the release on bail, ensure that people do not want to continue to fulfill the warranty obligations or lose their ability to guarantee obligations, the people's court shall, after receiving the written notice of three days after the application of a person or a public security organ, shall be ordered to the defendant to the guarantor or pay money, or alteration of the compulsory measures, and notify the the public security organs.

122nd stipulated according to the facts and law case, that the defendant has constituted a crime of escape and hide in the release on bail, if the system guarantee to assist the defendant abscond, or guarantee that the defendant hiding place but declined to provide to the judicial organ, the guarantor shall be investigated for criminal responsibility according to law.

Article 123rd the people's court found that the use margin guarantee is a guarantor pending trial violates the sixty-ninth law of criminal procedure in the first paragraph, second paragraph, shall submit a written opinion the confiscation of part or all of margin, together with the processing related materials to be submitted to the public security organs are responsible for the implementation of the.

The people's court received written notice to public security organs have been confiscated margin or alteration of the compulsory measures, should circumstances, within five days to the defendant a statement of repentance, to pay deposits or provide a guarantor, or alteration of the compulsory measures, and notify the public security organ.

The people's court decision defendant to be confiscated margin to bail, bail period of continuous calculation.

Article 124th the defendant under bail the judgment becomes effective, shall cancel the bail, return the deposit, if the metal in their personal property, the people's court may notify in writing the public security organs will deposit transferred to the people's court, in order to compensate victims back, perform incidental civil compensation obligation or execution of property punishment, the remaining part should be returned to the defendant.

Article 125th of the criminal procedure law with seventy-second in the first paragraph, the provisions of the second paragraph of the defendant, the people's court may decide to residential surveillance.

The decision of the people's court to the defendant residential surveillance shall verify its place;, no fixed residence, shall assign residence.

126th court announced to the defendant to residential surveillance decision, should be under surveillance and other relevant materials to the defendant's or designated place the location of the public security organ at the same level implementation.

The specified home residential surveillance, the people's court shall, within twenty-four hours, will monitor and place to live notice their families; did not notice, shall be recorded.

127th people's Procuratorate, public security organs have been released on bail pending trial, the criminal suspect to residential surveillance, case sued to court, need to continue to release on bail, residential surveillance or alteration of the compulsory measures, the people's court shall make a decision within seven days, and notify the people's Procuratorate, the public security organ.

Decided to bail, residential surveillance, should be re processing, time to calculate; continue to use the deposit guarantee, no longer collect margin.

The people's court shall not repeat the defendant to bail, residential surveillance measures.

Article 128th of the criminal procedure law with seventy-ninth in the first paragraph, the provisions of the second paragraph of the defendant, the people's court shall decide arrest.

129th bail defendant under any of the following circumstances, the people's court shall decide arrest:

(a) the implementation of the new criminal intention;

(two) Dutch act, in an attempt to escape;

(three) destroy or forge evidence, witnesses or collusion of interference;

(four) the reporter, complainant take revenge, the implementation of the;

(five) after the subpoena, does not appear without a valid reason, affect the normal activity of the trial;

(six) to change the contact way or place of residence, unable to summon, affect the normal activity of the trial;

(seven) without approval, unauthorized leave live in city, county, affect the normal judicial activities, or two times without approval, unauthorized leave live in city, county;

(eight) into the special places, and the specific staff meeting or communication, to engage in certain activities in violation of the provisions of the judicial activities, normal, or two times in violation of the relevant provisions;

(nine) other circumstances decided to arrest shall be.

130th defendant under residential surveillance has one of the following cases, the people's court shall decide arrest:

(a) of the first paragraph of the preceding article to the provisions of the fifth circumstances;

(two) without approval, without the implementation of residential surveillance place, affect the normal judicial activities, or two times without approval, without the implementation of surveillance of residence district;

(three) without approval, arbitrarily with communication or others, affect the normal judicial activities, or two times without approval, arbitrarily with communication or others;

(four) the self-care suffering from serious illness, life can not, or due to pregnancy, breast-feeding their babies not arrest the defendant, disease or lactation is full;

(five) other circumstances decided to arrest shall be.

131st court made the decision of arrest shall be the decision of arrest, books and other relevant materials to the public security organ at the same level, and the arrest decision book sent to the people's procuratorate. The arrest of the defendant, the people's court shall will cause and detain arrested the premises, the family in twenty-four hours to inform; did not notice, shall be recorded.

The 132nd people's court decides to arrest, interrogation shall be in twenty-four hours after arrest. That should not be arrested, should be compulsory measures change or immediate release.

The 133rd arrested one of the following circumstances, the people's court may change coercive measures:

(a) with a serious disease, the life cannot provide for oneself;

(two) pregnant or breast-feeding their babies;

(three) the only supporter, life can not take care of the people.

134th of first instance in the people's court decision defendant not guilty, he shall not bear criminal responsibility or exempted from criminal punishment, the defendant in custody shall be released immediately after the verdict.

The defendants were arrested with one of the following cases, the people's court shall change the compulsory measures or to be released:

(a) the people's Court of First Instance sentenced to control, probation, a separate application of additional punishment, decision has no legal validity;

(two) the defendant in custody of time has been to the people's Court of First Instance sentenced to prison terms of;

(three) cases cannot be concluded within the time limit prescribed by law.

135th by decision of a people's court change coercive measures or the release of a defendant, should immediately change coercive measures decision or release notice to the public security organ to implement.

The 136th to the people's court decision of arrest, the people's Procuratorate recommendations release or alteration of the compulsory measures, the people's court shall within ten days after the receipt of the proposal will notify the people's procuratorate.

137th defendant or his legal representative, close relative or lawyer to apply for change of coercive measures, it shall explain the reason. The people's court after receipt of the application, it shall make a decision within three days. Agree to the change of coercive measures, should be handled in accordance with the provisions of this interpretation; do not agree, it shall inform the applicant, and explain the reasons.

The sixth chapter incidental civil action

138th victim's personal rights by criminal violations or property damage by criminals has suffered material losses, have the right to file an incidental civil action in criminal proceedings; the victim's death or incapacity, his legal representative, close relatives shall have the right to file an incidental civil action.

Because of the crime of infringing, file an incidental civil action or take a mental compensation requirements of civil proceedings, the people's court shall not accept.

139th defendant illegal possession, dispose of the property, shall be recovered or ordered to return. The victim to file an incidental civil action, the people's court shall not accept the. Recovered, restitution, can be considered as the plot.

140th functionaries of state organs in exercising their functions and powers, infringe the personal, property rights constitute a crime, the victim or his legal representative, close relative to file an incidental civil action, the people's court shall not accept the application, it shall inform the to apply for state compensation.

Article 141st the people's courts handle criminal cases after , conforms to the law of criminal procedure and the ninety-ninth to explain the 138th prescribed in the first paragraph, can inform the victims or their legal representatives, near relatives shall have the right to file an incidental civil action.

Have the right to file an incidental civil lawsuit people give up litigation rights, it shall be allowed, and record.

142nd state property, collective property suffer a loss, loss of entity fails to file an incidental civil action, the people's Procuratorate in the prosecution file an incidental civil action, the people's court shall accept.

The people's Procuratorate files the supplementary civil action, shall be listed as the plaintiff of the supplementary civil action.

The accused of illegal possession, disposal of state property, collective property, shall be dealt with in accordance with article 139th of this interpretation.

143rd incidental civil action shall be liable for compensation includes:

(a) the other joint infringement of criminal defendants and not to be investigated for criminal responsibility;

(two) the defendant's guardian;

(three) the death penalty criminals inheritance;

(four) in a case of joint crime, the defendant the conclusion of the case before the death of the inheritance;

(five) the material loss shall be in accordance with other units and individuals shall bear the liability for compensation.

Defendant or voluntary for compensation, shall be permitted to.

144th victim or its legal representative, close relative only part of the common people to file an incidental civil action, the people's court shall inform the other party of the common, including not be held criminally responsible co infringer, together to file an incidental civil action, but in a case of joint crime accomplice escaped except.

The victim or his legal representative, close relatives of the other joint infringement of people give up litigation rights, the people's court shall inform the corresponding legal consequence, and explained in the judgments of the waiver of claims.

145th incidental civil action is:

(a) the prosecution in accordance with the statutory conditions;

(two) the defendants have clear;

(three) the specific requirements of a claim for compensation and the facts, reasons;

(four) belonging to the people's court accepts the range of supplementary civil action.

146th common crime, accomplice escaped, should not be listed as the defendant. To escape the accomplice in custody, the victim or its legal representative, close relatives may file an incidental civil action on it, but from other common criminals get full compensation except.

Incidental civil litigation 147th shall file timely filed in criminal cases.

Incidental civil litigation shall submit the supplementary civil indictment.

During the 148th investigation, review and prosecution, have the right to file an incidental civil action man claims, mediation by the people's Procuratorate, public security organ, the parties have reached an agreement and perform all the victim or his legal representative, close relatives, and lift the incidental civil action, the people's court shall not accept the case, but there is evidence to prove that the mediation violation of the voluntary, other than legal principles.

149th victim or its legal representative, close relative to file an incidental civil action, the people's court shall decide within seven days on whether to put on record. In accordance with the criminal procedure law and the relevant provisions of article ninety-ninth of this interpretation, should be dealt with; do not meet, ruled inadmissible.

150th incidental civil action after the people's court shall, within five days will be incidental civil indictment copy to the defendant or his legal representative, or will notify the defendant and his legal agent of oral complaint content, and making a record.

The people's court civil indictment copy, shall, according to the criminal trial period, the defendant and his legal representatives Incidental Civil Pleadings submitted to the time.

151st incidental civil litigation parties to submit their ideas, have the responsibility to provide evidence.

Article 152nd a people's Court of may be due to the defendant's acts or other reasons, the incidental civil judgment is difficult to carry out the case, according to the plaintiff of the supplementary civil action application, can be ruled the preservation measures, the seizure, seizure or freezing the property of the defendant; plaintiff of the supplementary civil action did not apply, when necessary, the people's the court may also take security measures.

Have the right to file an incidental civil action because of the urgency of the situation, do not immediately apply for the preservation of its lawful rights and interests will suffer irreparable damage, may file an incidental civil action to be preserved before, the place where the property is located, the respondent of residence or to the case comes under the jurisdiction of the people's court for the preservation measures. Applicants with in the people's courts handle criminal cases after fifteen days without instituting civil proceedings, the people's court shall cancel the preservation measures.

The people's courts to take preventive measures, the relevant provisions of the civil procedure law is 100th to 105th, except for the provisions of the civil procedure law 101st section third.

Article 153rd the people's courts incidental civil lawsuit, mediation may be conducted on a voluntary, legal principles. If an agreement is reached through mediation, conciliation statement shall be made. Mediation by the parties shall sign, which have the force of law.

The mediation agreement and instant performed, can not make a mediation record, but the written record shall be made by the parties, the signature, the judges, the clerk or sealed the law.

154th if no agreement is reached through conciliation or mediation before signing receipt of Party estoppel, incidental civil action shall be decided together with the criminal litigation.

155th ruled on the incidental civil action, should be based on criminal behavior caused by loss of material, combined with the specific circumstances of the case, the defendant shall determine the amount of compensation.

Crime victims caused personal injury, shall pay the medical fees, nursing fees, transportation fees and other reasonable expenses for treatment and rehabilitation of payment, as well as the lost wages. If the victim is disabled, should also be compensation for disability AIDS fees; causing death to the victim, should also be compensation for funeral expenses.

The casualties caused by driving a motor vehicle or cause heavy losses to public or private property, which constitutes a crime, to determine the compensation responsibility in accordance with the "Regulations of the people's Republic of China Road Traffic Safety Law" article seventy-sixth.

Incidental civil litigation parties to reach a mediation, reconciliation agreement on civil compensation, scope of compensation, the amount is not subject to the provisions of the second paragraph, third paragraph limit.

156th people's Procuratorate files the supplementary civil action, the people's court, that the defendant shall bear the liability for compensation according to law, shall be ordered to make compensation for the defendant directly to the losses suffered by the unit by unit; loss of damage has been terminated, have the rights and obligations of successors, shall order them to the successor to the rights and obligations of compensation; no successor, the people's Procuratorate shall order them to pay compensation, the people's Procuratorate turned over to the state treasury.

157th trial of civil suit collateral to criminal proceedings, the people's court shall combine the defendant compensation for the victim's material loss recognized their repentance, and to be considered in the measurement of penalty.

158th plaintiff of the supplementary civil action after the subpoena, refuses to appear in court, or midway without permission by the court adjourned, shall be considered as withdrawn.

Outside the criminal defendants defendants of incidental civil lawsuit by summons, refuses to appear in court without proper reason, or midway without permission by the court adjourned, incidental civil part may make a judgment by default.

159th 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; organizational justice one really can not continue to participate in the trial, can be replaced.

160th court prosecution case the defendant's conduct did not constitute a crime, to have an incidental civil action, reach an agreement after mediation can not, shall make criminal incidental civil judgment.

The people's court, the people's Procuratorate of public prosecution to withdraw the prosecution, to have an incidental civil lawsuit, mediation may be conducted; not mediation or the mediation can not reach an agreement, it shall reject it, and inform the plaintiff of the supplementary civil action may bring a civil action shall be.

161st first trial period did not file an incidental civil lawsuit, filed in the second period, the people's Court of second instance may conduct mediation in accordance with the law; if the mediation fails, the parties may inform the criminal judgment, ruling after the entry into force shall file a civil lawsuit.

Article 162nd the people's courts incidental civil lawsuit, not charge litigation fees.

163rd incidental civil lawsuit in the people's court, in addition to the criminal law, criminal procedure law and the judicial interpretation of criminal law has prescribed, apply the relevant provisions of civil law.

164th victim or its legal representative, close relatives in criminal proceedings did not file an incidental civil lawsuit, civil lawsuit shall be separately, the people's court may conduct mediation, or make a judgment on the basis of material loss.

The seventh chapter, served, during the trial period

165th in months period, from this day on the same day for a month to month. Deadline date for the end of this month and next month, day, the last day of a month. Next month on the same day does not exist, since this month and next month, the last day of a month. Half a month will be calculated according to fifteen days.

Article 166th the parties due to irresistible causes or for other legitimate reasons and time limit, apply to proceedings that should have been completed prior to the expiration of the period, the people's court shall be verified, ruled to permit.

167th litigation documents, shall be made by the recipient. The recipient is not in, can be made by an adult member of his family or unit is responsible for collection personnel collection.

Consignee or agent in the receipt of service shall be the date of receipt date.

The recipient or behalf refuses to sign, the litigant may invite the witnesses to the scene, explain the situation, stating the reasons and date of rejection in the receipt, sealed by the sending Master, witness the signature or, the litigation documents in recipient, agent dwellings or units; can also put the litigation documents in the recipient of the service. Residence, and the camera, video recording service process, the service shall be deemed completed.

168th direct service is the litigant documents may be entrusted by the people's court, the recipient site for service, or by mail.

169th commissioned service, authorization letter, should be entrusted to the judicial documents and the receipt to the entrusted court. The entrusted court after receipt of registration, shall, within ten days of delivery to the recipient, and will send the receipt by the court; undeliverable, it shall notify the entrusting court, and the litigation documents and the receipt of returned.

170th mail, shall be the litigation documents, the receipt of registered mail to the recipient. Registration date marked on the receipt of service shall be the date of service.

171st litigation documents recipients is a serviceman, can through the Political Department of the army units at or above the regimental level care.

The recipient is serving his sentence, the executing organ to.

The recipient is compulsory education measures to be taken, through the mandatory education institutions to.

By the relevant departments, units to be forwarded the documents, it shall refer to the relevant departments, units received immediately after the delivery to sign, and the receipt of service and timely sent to the people's court.

172nd designated jurisdiction trial period, after the people's court appointed under the jurisdiction of the received designated jurisdiction decision and related files, evidence material date.

173rd apply to a people's court for approval to extend the trial period, shall within fifteen days before the expiration report. The people's court has the right to decide not to extend, should be five days prior to the expiration of the period of hearing decision.

Because of the special situation for the approval of the Supreme People's court to extend the trial period, the Supreme People's court after examination, if the application is approved, can extend the trial period of one to three months. At the expiration of the term of cases still not accepted, can apply again.

During the 174th trial, as a psychiatric evaluation of the defendant's time is not included in the trial period.

The eighth chapter trial organization

175th judge held by judge. Assistant judges put forward by the president of the court, with the approval of the judicial committee, may provisionally exercise the functions of a judge, and can serve as the presiding judge.

176th hearing and deliberating cases, shall be carried out by a collegial panel. The members of the collegial panel to review cases, should be independent opinion and explain the reasons. Differences of opinion, should according to the majority decision, but a few opinions shall be recorded in writing. The records of the deliberations by the members of the collegial panel to review the confirmation signature. Review shall be confidential.

177th judges according to the sole judge, and the judge to exercise the same powers.

178th collegiate bench trial, the Council, shall promptly make a judgment, ruling.

Sentence to death penalty cases, case protested by a people's Procuratorate, the collegial panel shall invite the president decided to refer it to the judicial committee for discussion and decision.

The members of the collegial panel opinion there are major differences case, new types of cases, the social impact of major cases and other difficult, complex, serious cases, the collegial panel considers it difficult to make a decision, may request the president decided to refer it to the judicial committee for discussion and decision.

The people's jury may require a collegial panel will decide whether to submit the case to the president of the judicial committee for discussion and decision.

To invite the president decided to submit the judicial committee for discussion and decision case, Dean think unnecessary, may suggest a collegial panel a review.

The sole judge of the case, the judge deems it necessary, may also invite the president decided to refer it to the judicial committee for discussion and decision.

179th decision of the judicial committee, the collegial panel, the single judge shall perform; have different views, can suggest the president submitted to the judicial committee for reconsideration.

The ninth chapter prosecution case the ordinary procedure of first instance

The first section examination preparation and before the court

180th of public prosecution, the people's court shall receive the indictment (eight copies, every increase a defendant, increase the five) and record, evidence, specify the judges examine the following contents:

(a) whether to belong to the jurisdiction;

(two) the indictment shall include the defendant's identity, whether to have or are subject to criminal penalties, species, was forced to take measures of the place of detention, the crime of time, place, and other means, the consequences may affect the conviction and sentencing plot;

(three) if the evidence material to the criminal facts, including the approval decided to adopt the measures of technical investigation and collection of evidence materials;

(four) whether the attachment, seizure, freezing the defendant illegal income or other property involved, and attach the relevant evidence materials shall be in accordance with the property;

(five) if the victim's name list, address, contact method; whether a witness, expert list; whether to apply for a court to inform the witnesses, authenticators, specialized knowledge appearing in court, stating the officer's name, gender, age, occupation, address, contact method; whether it is accompanied by the need to protect the witnesses, identification of the person, the victim list;

(six) the party has entrusted a defender, agent ad litem, or have received legal aid, whether to list the defenders and agents ad litem, name, address, contact method;

(seven) whether to file an incidental civil action; to file an incidental civil action, whether listed party in an incidental civil action name, address, contact way, whether it is accompanied by the relevant evidential materials;

(eight) the investigation, prosecution procedures of the various legal procedures and the litigation documents are complete;

(nine) there is no fifteenth criminal law article second to sixth shall not be investigated for criminal responsibility.

181st court case review of prosecution, shall handle it according to the following circumstances:

(a) to handle a case, a people's Procuratorate shall be returned, and told the victim has the right to bring a private prosecution;

(two) does not fall under its jurisdiction or the defendant is not registered, shall be returned to the people's procuratorate;

(three) do not conform to one of the preceding article second to eighth provisions, the need for additional materials, shall notify the people's Procuratorate to send up to three days;

(four) in accordance with the law of criminal procedure 195th provisions of the third declaration the innocence of the defendant, the people's procuratorate according to new facts, evidence to prosecute, shall be accepted by the;

(five) according to the interpretation of the provisions of article 242nd order granting withdrawal cases, no facts, evidence of new, re prosecution, shall be returned to the people's procuratorate;

(six) consistent with the fifteenth law of criminal procedure in the second to sixth regulations, shall decide to terminate the hearing or returned to the people's procuratorate;

(seven) the defendant's true identity is unknown, but in accordance with the provisions of the second paragraph 158th of the criminal procedure law, it shall be accepted according to law.

In a case of public prosecution whether or not to accept the application, the examination shall be completed within seven days.

182nd before the hearing, the people's court shall proceed with the following work:

(a) determine the presiding judge and the members of the collegial panel;

(two) ten days before the hearing of the duplicate copy of the indictment to the defendant, the defender;

(three) to notify the parties, legal representative, the defenders and agents ad litem, five days before the hearing of witnesses, Jian Dingren provides a list, as well as quasi court evidence; for the witnesses and expert witnesses, with specialized knowledge appearing in court, should specify the name, gender, the age, occupation, address, contact method;

(four) three days before the hearing hearing notice at the time, the people's procuratorate;

(five) three days before the hearing of the summons will summon the parties concerned and inform the defender, agent ad litem, legal representative, witnesses, appraisers to appear in court notice; notification to the relevant personnel to appear in court, can also take the phone, SMS, fax, email to confirm the receipt of transmission;

(six) public hearing of the case, three days before the hearing, announced the name of the accused, time and location of the court session.

The work shall be recorded.

183rd case one of the following circumstances, judges can be called before the court session:

(a) the parties and their counsel, litigation agent for application of the exclusion of illegal evidence;

(two) the evidence, the case more complex;

(three) great social impact;

(four) other cases before the court of meeting the need for.

A meeting before the court, according to the circumstances of the case, the defendant may be notified to attend.

184th meeting before the court, the judges can understand the situation of the parties to the following questions, listen to the views of:

(a) if there is objection to jurisdiction;

(two) whether to apply for the relevant personnel to avoid;

(three) whether to apply for obtaining in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs but not with the case that the defendant not guilty evidence;

(four) whether to provide new evidence;

(five) there is objection is to the witness, expert witness, expert knowledge of the names of the people;

(six) whether to apply for the exclusion of illegal evidence;

(seven) if the application was not a public hearing;

(eight) other problems associated with trials.

The judges may ask the parties have no objection to the evidence material, object to the evidence, shall investigate and focus in the trial; without objection, the trial testimony, can simplify.

The victim or his legal representative, close relative to file an incidental civil action, can mediate.

Written records shall be made for the meeting before the court.

185th before the hearing, the collegial panel can be court outline, outline generally include the following contents:

(a) the members of the collegial panel in the trial division;

(two) the indictment of the facts of the crime accused and determine the nature of the case key points;

(three) the main points to interrogate the defendant;

(four) witnesses, appraisers, men with specialized knowledge, investigation personnel list;

(five) the parties apply for court evidence directory;

(six) the problem may appear in the trial and the countermeasures.

186th trial shall be open to the public.

Cases involving state secrets or personal privacy, not a public hearing; involving commercial secrets, the parties to apply, the court may decide not to public trial.

Do not open cases, no person shall be open to the public, except as otherwise stipulated by law.

Drunk 187th mental patient, who, without the approval of the people's Court of minors and other unfavorable spectators may sit in on case.

188th victim, litigation agent by summons or notice of default, does not affect the trial, the people's court may trial.

The defenders by notice to not appear in court, the defendant agreed upon, the people's court may hold a hearing, unless the defendant shall be to provide legal aid cases.

189th before the hearing, the court clerk shall order the following work:

(a) by the presiding judge delegate, identify the prosecutor, parties, witnesses and other participants in the proceedings are present;

(two) read the court rules;

(three) please the public prosecutor and the related lawsuit participates in a person into court;

(four) please judge, judge (the jury) into court;

(five) the judicial officers were seated, the preparatory work before a court of justice report ready.

The second section announced the court and the court investigation

190th judge announced the court, the defendant in court after transfer, shall ascertain the defendant:

(a) the name, date of birth, nationality, was born, culture degree, occupation, address, name, or the defendant unit residence, litigation representative of the name, title;

(two) is a legal sanction and punishment type, time;

(three) is to take coercive measures and compulsory measures, time variety;

(four) received a copy of the bill of prosecution date; have the incidental civil action with incidental civil lawsuit, the date of receipt of defendants.

The defendant more, can find out the case before the court, but the court presiding judge shall make explanations.

The prosecution sources, 191st presiding judge case case, party in an incidental civil action name and whether or not a public hearing; not a public hearing, it shall announce the reason.

192nd judge announced the members of the collegial panel, the court clerk, the public prosecutor and defender, Jian Dingren list, translators lawsuit participates in a person's list.

193rd the presiding judge shall inform the parties and their legal representatives, the defenders and agents ad litem, shall enjoy the following rights in the process of trial:

(a) may apply for the members of the collegial panel, the court clerk, the public prosecutor, judge and translators to avoid;

(two) may present evidence, witnesses, take notice of application of new evidence, to apply for re identification or inspection, inspection;

(three) the defendant can defend oneself;

(four) the defendant may be the last statement in court debate end.

194th the presiding judge shall ask the parties and their legal representatives, the defenders and agents ad litem, if apply for withdrawal, for whom the avoidance and grounds for a challenge.

The parties and their legal representatives, the defenders and agents ad litem, application for withdrawal, disposal in accordance with the relevant provisions of the criminal procedure law and the interpretation of the.

Agree or reject the withdrawal decision and decision of reconsideration application, the presiding judge declared, and explain the reasons. When necessary, can also be announced by the president of the court.

195th judge announced that the investigation after the start, should the prosecutor read the indictment; have the incidental civil action, the plaintiff of the supplementary civil action or his legal representative, agent ad litem read with the civil complaint.

The 196th indictment alleged crimes is more than two, the court shall generally be respectively.

In 197th judge auspices, the defendant, victim can indictment alleged crimes were statement.

In 198th judge auspices, the public prosecutor may indictment alleged crime that interrogate the defendant.

The judge allowed, the victims and their legal representatives, agents ad litem may have public prosecutor interrogating criminal facts supplementary questions; plaintiff of the supplementary civil action and the legal agent, the agents ad litem may have incidental civil part of the facts to question the defendant; the legal representative of the defendant, the defenders, defendant or his legal representative, the agents ad litem may in the prosecution was completed after the interrogation of a problem put questions to the defendant.

199th interrogation co defendants should be tried, respectively. When necessary, can summon co defendant until the tribunal.

Article 200th the presiding judge permitted, both parties to the victim, plaintiffs of the supplementary civil action.

201st judges may interrogate the defendant. When necessary, can be to the victim, incidental civil litigants ask.

202nd prosecutor may request the judge to inform the witnesses, testimony, or produce evidence. The victim and his legal representatives, agents ad litem, plaintiffs of the supplementary civil action and the agents ad litem may also apply.

In the prosecution evidence, the defendant and his legal representatives, the defender may request the judge to inform the witnesses, testimony, or produce evidence.

Article 203rd the parties apply for witnesses, showing the evidence, shall state the name, origin and evidence to prove the facts. The court considers necessary, shall be allowed; the other objection, that the evidence was irrelevant to the case or repeated, not necessary, the court review by the objection, may not be permitted.

204th have been transferred to the people's court evidence, both sides need to show, can apply to the court. The court agreed, shall command value court bailiff show, broadcast; need to read, by the court bailiff to read values by the applicant.

205th prosecutors, the parties concerned or the defenders and agents ad litem, the testimony of witnesses have objections, and the testimony of witnesses have significant effect on the conviction and sentencing, or has any objection to the expert opinion, filed for court to inform the witnesses, expert witnesses in court, the people's court considers necessary, shall notify the witness, the appraiser cannot notice; or witnesses, authenticators refused to appear in court, it shall timely notify the applicant.

206th witness is under any of the following circumstances, not to testify in court, the people's court may grant her not to appear in court:

(a) in the trial period suffering from serious illness or action extremely inconvenient;

(two) home away from the place of the court session and the traffic is very inconvenient;

(three) in the foreign short-term cannot return;

(four) there are other objective reasons, did not appear in court.

Has the circumstances as prescribed in the preceding paragraph, can by video, testify.

To testify the expenses of the transportation, accommodation, meals and other expenses 207th witness to appear in court, the people's court shall grant.

208th compulsory attendance of witnesses, shall be signed by the president of the court to compel witness to appear in court to.

209th trial crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in court, he himself or his close relatives of personal safety risk, the people's court shall take not to open its true name, address and work units and individuals information, or not to expose the appearance, voice and other protective measures.

During the trial, witnesses, appraisers, the proposed protection request, the people's court shall immediately review; deems it necessary for the protection of the decision, shall timely take corresponding measures to protect the.

210th decided to take protective measures not to disclose personal information right of witnesses to testify in court, the expert, the victim, the judges shall verify their identity before the court, to witness to testify truthfully, identification of the guarantee shall not be disclosed, in the judgments, rulings and other legal documents can be used instead of the personal name information.

211st witnesses, authenticators to appear in court, the judges shall verify the identity, and the parties and the relationship, and inform the relevant rights and obligations and legal responsibilities.

A witness, expert witness before the court, should ensure that truthful testimony, expert opinion, and on the signature.

212nd to witness, identification of people ask, should first drew notice Party; ask questions after the presiding judge each other, permit, also can ask questions.

213rd questions to witnesses shall comply with the following rules:

(a) ask the content should be with the facts of the case concerned;

(two) not to induce differently;

(three) not intimidate the witness;

(four) the personality dignity shall not damage the witness.

The provisions of the preceding paragraph applies to the defendant, the victim, civil litigants, identification, have specialized knowledge of questioning, questioning.

Article 214th the parties interrogation, the way of question improper or content is irrelevant to the case, the other party may challenge, for the presiding judge to stop, the presiding judge shall identify the situation to support or reject; the other did not raise any objections, the presiding judge can also according to the circumstances to stop.

215th considers necessary, may question the witnesses, authenticators, men with specialized knowledge.

216th to witnesses, expert witnesses, with specialized knowledge questions shall be separately. The witnesses and expert witnesses, have specialized knowledge of the parties or the judges asked questions, the presiding judge shall inform the retired.

The witnesses and expert witnesses, expert knowledge of man shall not sit in on the trial of the case.

217th prosecution, the parties and their defenders and agents ad litem, apply to the court for notification of a specialized knowledge appearing in court, puts forward the suggestion of expert opinion, the reasons shall be explained. The court considers necessary, shall notify the specialized knowledge appearing in court.

Apply specialized knowledge appearing in court, shall not exceed two. There are many kinds of expert opinion, can increase the number of.

With specialized knowledge appearing in court, the relevant provisions of the applicable appraiser.

218th proof party exhibits the evidence, from each other for identification and comments. Both sides can be questioned, debate.

219th court evidence, has not yet been transferred to the people's court shall be handed over to the court, in the cross examination.

220th court has doubts about the evidence, can inform the public prosecutor, the parties and their legal representatives, the defenders and agents ad litem, supplementary evidence or explanation; when necessary, it may announce an adjournment, carry out investigation to verify the evidence.

Made to the public prosecutor, the parties and their legal representatives, the defenders and agents ad litem, supplement and court court investigation to verify the evidence, shall be subject to cross examination can be used as a basis. However, the out of court to seek the views of both sides have no objection, except.

Relevant information, shall be recorded.

221st prosecutor for produce not transfer to the people's court for evidence before the court, the defense objection, the presiding judge shall request the public prosecutor to explain the reason; reason was founded and is to produce the necessary, he shall be permitted to.

The defence defense paper prepared for the new evidence, the court may announce an adjournment, and determined to defend the time.

The defense for the show before the court fails to submit the evidence, the provisions of the preceding two paragraphs are applicable.

Process 222nd court, the parties concerned and the defenders and agents ad litem, apply to summon new witnesses, collect new evidence, to apply for re identification or inspection, shall provide the witness's name, location of the evidence, that intends to demonstrate the facts, reasons for re identification or inspection requirements. The court considers necessary, shall agree, and announced the postponement of the hearing; do not agree, it shall explain the reasons and continue the trial.

Deferred trial cases, consistent with the 202nd law of criminal procedure prescribed in the first paragraph, can be submitted to the people's court approval to extend the trial period.

The people's court agreed to re appraisal application, shall timely identification, and will inform the people's Procuratorate of expert opinion, the parties and the defender, agent ad litem.

During the 223rd trial, prosecutors found that cases requires supplementary investigation, suggested that the extension of the trial, the collegial panel shall agree, but suggested that the postponement of the hearing shall not be more than two times.

The people's Procuratorate will complement the collection of evidence to the people's court, the people's court shall notify the defenders and agents ad litem, consult, extract, replication.

Supplementary investigation after the expiration of the time limit, the court notice, the people's Procuratorate fails to transfer the case to the people's court, and does not explain the reason, the people's court may decide according to the people's Procuratorate withdrawing treatment.

Evidence 224th court to the people's Procuratorate obtained requires investigation and verification, or according to the defendant, the defender's application to the people's Procuratorate, obtained in the investigation, prosecution period collected about the defendant not guilty evidence, shall notify the people's Procuratorate received on the obtaining of evidence materials within three days after the handover.

Process 225th court for sentencing, and the relevant facts, evidence, should carry out a survey.

The people's court shall review whether the defendant is in addition to the statutory sentencing plot, should also be based on the circumstances of the case review the following effects of sentencing plot:

(a) the case;

(two) the victim has no fault and fault degree, whether on the intensification of contradictions responsible and responsibility;

(three) the close relatives of defendant is captured the assistance of the defendant;

(four) the defendant ordinary performance, there is no repentance attitude;

(five) return, restitution and compensation;

(six) the defendant is understanding the victims or their close relatives;

(seven) other circumstances of sentencing.

During the 226th collegiate bench trial, found the defendant may have surrendered, frankly, crime legally prescribed circumstances of sentencing, there is no evidence materials and the people's Procuratorate to the files, it shall notify the people's Procuratorate for.

During the trial, the defendant raises new clue, the people's court may suggest that the people's Procuratorate for supplementary investigation.

227th on defendant confession cases, understanding the indictment charges in the confirmation of the defendant's criminal facts and the legal consequences of crime, voluntarily pleaded guilty and have pleaded guilty, the court investigation can focus on sentencing and other contentious issues of.

The defendant not guilty or defendants pleaded not guilty cases, the court investigation shall be based on the identified conviction, to ascertain the facts of sentencing.

The third section court debate and the final statement

228Th collegial panel that the facts of the case has been investigated, the presiding judge shall court investigation ended, conviction, sentencing to the facts, evidence and the law of the court debate.

229th court debate shall judge in charge, shall be conducted in the following order:

(a) the public prosecutor to speak;

(two) the victim and his agents ad litem to speak;

(three) the defendant to defend himself;

(four) defence;

(five) the parties debate.

230th people's procuratorate can provide sentencing recommendations and the reasons, the sentencing recommendations shall generally have a certain range. The party and the defender, agent ad litem may put forward opinions and explain the reasons of sentencing.

231st on defendant confession cases, the court debate, can lead to both sides mainly focused on sentencing and other contentious issues of.

The defendant not guilty or defender of the case pleaded not guilty, the court debate, can guide the parties to debate the conviction, sentencing questions after debate.

232nd incidental civil part of the debate shall be conducted in the criminal part of the end of the debate, the plaintiff of the supplementary civil action and the agents ad litem to speak, by the defendant and his agent ad litem reply.

233rd court debate, the presiding judge shall fully listen to the views of both sides, on both sides are irrelevant to the case, repeated or accused each other of the speech should be reminded, stop.

234Th court debate, the collegial panel found with conviction, sentencing the new facts, it is necessary to investigate, the presiding judge may suspend resume debate, court investigation, in fact finding new, continue to debate in court.

235th judge announced the end of the court debate, the collegial panel shall ensure that the defendant to fully exercise the right to present a final statement. The accused man repeated his views in the final statement, the judge can stop. The statement in contempt of court, the public prosecutor, harm others and social public interests, or irrelevant to the case, shall stop.

In a public hearing of the case, last statement by defendant content involving state secrets, personal privacy or commercial secrets, shall stop.

236th defendant to provide new evidence of fact, in the final statement, the collegial panel that may influence the correct judgment, shall restore the court investigation; the defendant provide justification for new, the collegial panel that may influence the correct judgment, shall restore the court debate.

The fourth section deliberating cases and judgment

The final statement 237th defendant, the presiding judge shall announce an adjournment, by a collegial panel to review.

All 238th trial, written records shall be made by the clerk; record review after the presiding judge, respectively by the judge and the court clerk signature.

239th the court record shall be submitted by the parties after the trial, legal representative, the defenders and agents ad litem, reading or to read.

The court record of the witnesses, authenticators, have specialized knowledge of testimony, opinion section, shall, after the trial were handed over to the relevant personnel to read or read out to them.

Person mentioned in the preceding two paragraphs that there are omissions or errors in the record, you can request for supplementation or correction; confirmation, shall sign; refused to sign, shall be recorded; requests to change the court stated, shall not be permitted to.

240th collegiate cases, should be based on facts, evidence and the relevant legal provisions have been identified, based on the full consideration of the opinions of both sides, to determine whether the defendant is guilty, constitute what crime, there is no heavier, lighter, mitigated punishment or be exempted from punishment circumstances, be sentenced to criminal punishment, which, incidental to to solve the civil procedure, how to deal with property and its attachment, seizure, freezing of the fruits, and shall make a judgment, ruling.

241st first instance on a case of public prosecution, the people's court shall, according to the following circumstances make a judgment, ruling respectively:

(a) the accused facts are clear, the evidence is, full, according to the law that the defendant convicted, shall make a guilty verdict;

(two) the accused facts are clear, evidence really fully charged, the cognizance of the trial, the charges and charges inconsistent, shall make a guilty verdict according to hearing that;

(three) the case facts are clear, evidence really, fully, in accordance with the law the defendant is innocent, the court shall declare the innocence of the defendant;

(four) the lack of evidence, not the defendant is guilty, should be based on lack of evidence, the crime accused cannot be established, the judgment is pronounced, the defendant not guilty;

(five) parts of the case facts are clear, the evidence is reliable and sufficient, shall make a decision on the guilt or innocence; facts unclear, insufficient evidence, shall not be recognized;

(six) the defendant under sixteen years of age, are not subject to criminal punishment, shall decide that the defendant shall not bear criminal responsibility;

(seven) the defendant is a mental patient, was unable to recognize or control his own behavior harm results, are not subject to criminal punishment, shall decide that the defendant shall not bear criminal responsibility;

(eight) the crime has been the limitation period for prosecution and not must be prosecuted by amnesty, or exemption from criminal punishment, shall be ordered to terminate the trial;

(nine) the defendant's death, shall decide to terminate the trial; according to ascertain the facts of the case and evidence, to confirm the innocent, the court shall declare the innocence of the defendant.

With the provisions of the second case, the people's court shall listen to the opinions of both sides before the judgment, the defendant's defense, the full exercise of the right of defense. When necessary, can be re trial, the organization of both sides around the defendant's acts constitute what crime debate.

242nd before a judgment is pronounced, the people's procuratorates demand the withdrawal of prosecution, the people's court shall review the prosecution to withdraw the reason, whether or not to approve the decision made.

During the 243rd trial, the people's court may affect the discovery of new facts, conviction, suggest that the people's Procuratorate for supplementary or change the people's Procuratorate prosecution; don't agree or not reply within seven days, the people's court shall prosecute criminal facts, in accordance with the provisions of article 241st, explain the decision rule.

Article 244th in accordance with the 181st interpretation of the first fourth provisions of the admissibility of the case, the people's court shall in the judgment that the defendant had been people's Procuratorate prosecution, because of a lack of evidence, the crime accused cannot be established by the people's court according to law, judgment of acquittal; before the case in accordance with the law of criminal procedure 195th third the provisions of the decision shall not be revoked.

245th members of a collegial panel shall be signed by the records of the deliberations on the judgment, ruling, signature books and other legal instruments.

246th judgment shall state the judgment basis, explain the reasons, reflect the views of both adopt or not to adopt and explain the reason.

247th court judgment, judgment shall be delivered within five days. Regular declaratory judgment, should be announced in advance before the verdict, sentencing the time and place, to summon the parties and inform the public prosecutor, legal representative, defenders and agents ad litem; after declaration of judgment, shall be immediately delivered the verdict.

The judgment shall be served to the parties, the people's Procuratorate, legal representative, the defender, agent ad litem, and can be served on the defendant's close relatives. After the verdict, should also be served on the defendant or the unit where the original household registration of the local police station, the registration authority or the defendant unit.

248th pronouncement of judgment, will be open to the public. The public prosecutor, the defender, agent ad litem, the victim, private prosecutor or the plaintiff of the supplementary civil action does not appear, do not affect the sentencing of.

Upon pronouncement of a judgment result, staff court shall stand up.

The fifth section court rules and other provisions

Process 249th court, participants in the proceedings, auditors shall abide by the following rules:

(a) to obey the court command, abide by the court etiquette;

(two) no applause, noise, noise, random walk;

(three), the court shall not recording video, photography, or via email, blog, micro blog and other ways to spread the hearing situation, but with permission of the people's court news journalists;

(four) auditors shall be allowed to speak, questioning;

(five) shall carry out other acts of disrupting the order of the court.

Process 250th court, participants in the proceedings or bystander disrupting the order of the court, the presiding judge shall handle it according to the following circumstances:

(a) if the circumstances are relatively minor, we should stop and disciplinary warning;

(two) not to stop, can command was forced out of the courtroom;

(three) if the circumstances are serious, report to the president of the court approval, can on the behavior of detention to a fine of one thousand yuan or fifteen days following;

(four) unauthorized recording, video, photography or by e-mail, blog, micro blog and other ways to spread the hearing situation, can temporarily storage media or related equipment.

Participants in the proceedings, the observers refuses to accept the penalty, the detention decision, it may apply for reconsideration to the people's court at a higher level, can also through the decision made by the people's court fines, detention to the people's court at the next higher level for reconsideration. The people's court decided to apply for reconsideration fines, detention, the people's court shall within three days of receipt of the application, the application for reconsideration, fines or detention decision and the relevant facts, evidence materials submitted a higher people's court review. During the period of reconsideration, does not stop the execution of the decision.

251st as the defenders and agents ad litem, lawyer, seriously disrupting the order of the court, was forced out of the court or be fined, detained, the people's court shall notify the judicial administrative organ, and may also suggest the corresponding penalties according to law.

252nd assembling a crowd to make a stir, or insult, libel, the impact of court threat, beating the judicial officers or participants in the proceedings, seriously disrupting the order of the court, which constitutes a crime, shall be investigated for criminal responsibility according to law.

253rd defenders, seriously disrupting the order of the court, was forced out of the court or be fined, detained, the defendant to defend himself, the trial continued; the defendant asked entrust another defender, or the defendant belongs to shall provide legal aid cases, should be adjourned.

254th defendant court refused to defence requirements, entrust another defender or appoint a lawyer, the collegial panel shall permit. The accused refused to defence, not a defender, shall announce an adjournment; there is still a defender, the trial can proceed.

A number of defendants in the case, part of the defendants refused to defence, not a defender, according to the circumstances of the case, the defendant is dealt with, the other defendants in the trial continued.

The re trial, the defendant in court again refused to defence, permit, but the defendant shall not entrust another defender or designate a lawyer, by its own defense.

The defendant shall be to provide legal aid cases, to reopen again after the court refused to defence, shall not be permitted to.

Process 255th court, counsel for the defendant refused to plead, permission shall be given; whether to continue the trial, refer to the stipulations in the preceding article.

256th according to the provisions of the preceding two entrust another defender or appoint a lawyer, since the case adjourned date until fifteenth day, defense prepared by the defenders, but the defendant and his counsel will shorten the time except.

There are more than 257th defendants in the case, part of the defendants has 200th criminal procedure law, the provisions of the first paragraph of the case, the people's court may suspend the trial of the case; according to the circumstances of the case, also on the part of the defendant to suspend the trial, the other defendants to trial.

On the part of the defendant to suspend the trial, according to the circumstances of the case dealt with.

258th people's Procuratorate considers that people's court violates the legal procedure, put forward written opinions on after the trial, the people's court that the right, we should adopt the.

The tenth chapter private prosecution procedure of first instance

259th court accepting a case of private prosecution must meet the following conditions:

(a) in accordance with the provisions of the 204th criminal procedure law, the first article of this interpretation;

(two) under its jurisdiction;

(three) the victim told;

(four) people, the specific claim and prove that the defendant's criminal evidence.

The interpretation of the provisions of article 260th of the first case, if the victim's death, incapacity or can't tell because of coercion, intimidation, or with limited capacity and because of old age, illness, blind, deaf, dumb and not to tell, its legal representative, close relative or to tell tell, the people's court shall accept the case according to law.

The victim's legal representative, close relative or to tell tell, that shall provide reasons and prove that the victim and the victim can not personally tell the relationship.

261st bring a private prosecution shall submit the criminal complaint; at the same time to file an incidental civil action, shall submit the incidental civil to criminal prosecution.

262nd complaint shall include the following contents:

(a) the private prosecutor (to tell), the defendant's name, gender, age, nationality, was born, culture degree, occupation, work unit, address, contact method;

(two) the defendant committed in the time, place, circumstances and consequences, etc.;

(three) the specific claim;

(four) to the people's court sent and shape of time;

(five) the name of the source of evidence, etc.;

(six) the name, address, contact method etc..

The proposed tell the two or more defendants, shall provide the copy number of private prosecution in accordance with the defendant.

263rd in a case of private prosecution, the people's court shall complete the examination within fifteen days. After review, in line with the conditions of admissibility, it shall decide to initiate, and notify the private prosecutor or to tell people.

Any of the following circumstances, should persuade people to withdraw the prosecution of private prosecution; the private prosecutor not withdraw prosecution, ruled inadmissible:

(a) does not belong to the interpretation of the provisions of the first case;

(two) the lack of evidence;

(three) the limitation period for prosecution of the crime has been;

(four) the defendant's death;

(five) the defendant One's whereabouts is a mystery.;

(six) except for lack of evidence the withdrawal of the suit, the private prosecution after withdrawal, on the same facts and tell;

(seven) the court mediation, the private prosecution estoppel, the same fact to tell.

264th to have been placed on file, the case of private prosecution review of criminal evidence is lacking, the private prosecutor no additional evidence, the people's court shall persuade them to withdraw the prosecution or reject it; the prosecutor to prosecute or rejected prosecution, and put forward to prove the defendant guilty of new evidence, once again bring a private prosecution, the people's court shall accept.

265th private prosecutor refuses to accept or reject the decision to prosecute, it may file an appeal.

The people's Court of second instance to the people's Court of first instance made inadmissible decision is wrong, should cancel the original ruling at the same time, the instruction of first instance in the people's court accepted; find out the people's Court of first instance court decision is wrong, should be in the revocation of the original decisions at the same time, the people's Court of first instance trial instruction.

266th private prosecutor knowing that there are other common offender, but only on the part of the infringer bring a private prosecution, the people's court shall accept the case, and told to abandon its legal consequences tell; private prosecutor to tell, after declaration of judgment on other common people on the same facts bring a private prosecution, the people's court shall not accept the.

Common victim in only some people tell, the people's court shall notify the other victims to participate in litigation, and told not to participate in the litigation legal consequences. Notify party after receiving the notice said not to participate in litigation or non appearance, deemed to have waived told. The first instance verdict, notify the same fact and bring a private prosecution, the people's court shall not accept the. However, the parties shall file a civil lawsuit, not subject to the limitation of interpretation.

267th defendants to implement more than two criminal behavior, belonging to the cases of public prosecution and private prosecution cases, the people's court may be heard. The private part of the trial, the provisions of this chapter shall apply.

The 268th private prosecution evidence because of objective reasons can not be achieved, apply to the people's court to obtain, it shall explain the reasons, and provide clues or materials. The people's court considers necessary, shall timely.

269th on criminal facts are clear, there is a case of private prosecution shall be sufficient evidence, the trial.

270th private prosecution cases, in accordance with the applicable conditions of summary procedure, to apply the simple procedure.

Do not apply to private prosecution cases of summary procedure, with reference to the relevant provisions of applicable in cases of public prosecution the ordinary procedure of first instance.

271st court hearing a case of private prosecution, to ascertain the facts, to distinguish between right and wrong on the basis of mediation, on a voluntary, legal principles. Conciliation agreement, the mediation shall be made, signed by the judicial officers and the court clerk, and sealed by the people's court. Mediation by the parties shall sign, which have the force of law. If mediation fails to reach agreement, or mediation before signing receipt of Party estoppel, shall promptly make a decision.

Provisions of article third and 204th of the criminal procedure law case does not apply mediation.

272nd before the judgment is pronounced, the case of private parties can self reconciliation, the prosecutor may withdraw his prosecution.

The people's court after examination, that the settlement, to withdraw the prosecution is voluntary, should be ruled to permit; that is forcing, threatening, not voluntary, shall not be permitted to.

Article 273rd a case of private prosecution ruling granting withdrawal or the parties reconciliation, the defendant was forced to take measures, the people's court shall immediately lift.

274th private prosecutor after two summons, refuses to appear in court without justified reason, or without court permission to withdraw from, the people's court shall order the withdrawal treatment.

Part of the private prosecutor withdrawal or ruled by withdrawing treatment, does not affect the case to trial.

Article 275th the defendant in a case of private prosecution One's whereabouts is a mystery. during the trial, the people's court shall rule to suspend the trial. The defendant in custody, shall resume the hearing, when necessary, take compulsory measures against the defendant in accordance with the law.

276th in a case of private prosecution, shall be referred to the relevant provisions of the criminal procedure law and the 195th to explain the 241st ruled according to law; the acquittal cases, the incidental civil part shall conduct mediation or judgment shall be.

277th told the defendant to processing and the victim has evidence to prove that they are minor criminal cases or their legal representatives in the litigation process, may file a counterclaim to the private prosecutor. The counterclaim must meet the following conditions:

(a) a counterclaim object must be in the case of private prosecution;

(two) the counterclaim content must be related to the case behavior;

(three) the counterclaim cases must be in conformity with the provisions of Article 1 of this interpretation, the first second.

The provisions of private prosecution counterclaim cases shall be heard, together with the cases of private prosecution. The prosecutor withdrawal, does not affect the counterclaim cases continue the trial.

The eleventh chapter unit crime case

278th cases handled by the people's Court of unit crime, in addition to review in accordance with the relevant provisions of the interpretation of article 180th, also should review whether the column name, the domicile of the defendant units, contact information, legal representative, is mainly responsible for the legal representative and the representative accused unit to the name of the person, position, contact methods. To the people's Procuratorate for supplementary materials, shall notify the people's Procuratorate to send up to three days.

The lawsuit on behalf of 279th accused unit, shall be the legal representative or principal responsible person; the legal representative or principal responsible person accused persons directly in charge of the unit crime or unable to appear in court because of objective reasons, shall be made by the accused unit entrust other responsible person or the employees as the litigation representative. However, the other persons who are directly responsible persons accused of unit crime or knows the case to testify obligations, except for.

280th trial unit crime, litigation representative shall notify the unit's court; no litigation representative to participate in the proceedings, shall request the people's Procuratorate identified.

Litigation on behalf of the accused unit who does not appear in court, shall handle it according to the following circumstances:

(a) the legal representative system of litigation representative of the unit or person in charge, refuses to appear in court, the court may summon; unable to appear in court because of objective reasons, or One's whereabouts is a mystery., shall request the people's Procuratorate shall determine the litigation representative;

(two) other personnel department accused unit litigation representative, shall request the people's Procuratorate shall determine the litigation representative to appear in court.

The lawsuit on behalf of 281st accused unit people to enjoy the provisions of the criminal procedure law litigation rights. In court, the litigation representative seats in the judgment seat on the left side, in parallel with the defender mats.

282nd accused unit to entrust defenders, the relevant provisions of this interpretation of the applicable.

Article 283rd shall be regarded as on criminal cases, the people's Procuratorate only as natural person crime prosecution, the people's court shall advise the people's Procuratorate to the criminal unit supplementary prosecution. The people's Procuratorate to natural person crime prosecution, the people's court shall review the unit crime, according to the directly responsible person in charge and other persons directly responsible shall be investigated for criminal responsibility, criminal law and quoted about unit crime member in charge held directly responsible and other persons directly responsible for the criminal liability clause.

The illegal income 284th accused unit and its fruits, has not yet been recovered or attachment, seizure, freezing, the people's court shall decide, seizure, freezing or seizure.

285th to ensure the execution of the judgment, the people's court may be seized, seizure, freezing the defendant units of property, or by the unit puts forward guarantee.

During the 286th trial, the defendant units have been withdrawn, cancelled, its business license shall be revoked or declared bankrupt, the person in charge directly responsible and other persons directly responsible for the crime of the hearing shall continue.

During the 287th trial, the defendant units merge, split, the original unit shall be listed as the unit, and indicate the merger, division of. The defendant unit fines imposed by its limited in property and income of the new unit.

288th trial unit crime, no provision of this chapter, the relevant provisions of this interpretation of the applicable.

The twelfth chapter summary procedure

289th basic level people's court in cases of public prosecution, the examination that the facts are clear, the evidence fully, the duplicate copy of the indictment to the defendant, the defendant shall ask for the opinions of the facts of the crime accused, inform the applicable law of the summary procedure. The defendant to the facts of the crime accused no objection and agreed to the application of summary procedure, may decide to apply summary procedure, and notify the people's Procuratorate and the counsel before the court.

If the people's Procuratorate suggestions for summary trial of the case, shall be dealt with in accordance with the provisions of the preceding paragraph; do not meet the conditions of the simple procedure, it shall notify the people's procuratorate.

290th has one of the following cases, summary procedure shall not apply:

(a) if the defendant is blind, deaf, dumb;

(two) the defendant is a mental patient who has not completely lost the ability to recognize or control his own conduct;

(three) have a significant social impact;

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

(five) defendants pleaded not guilty;

(six) the defendant pleaded guilty but the review that may not constitute a crime;

(seven) other circumstances the summary procedure is not appropriate for.

291st summary procedure applies to the trial of cases, in accordance with the thirty-fourth law of criminal procedure prescribed in the first paragraph, the people's court shall inform the defendant and his near relatives may apply for legal aid.

292nd trying a case in which the summary procedure, the people's court shall, three days before the hearing, the hearing time, place, inform the people's Procuratorate prosecutor, defendant, defenders, it may inform the other participants in the proceedings.

Notifications can adopt simple way, but shall be recorded.

293rd trying a case in which the summary procedure, the defendant counsel, shall notify the court.

294th trying a case in which the summary procedure, the judge or sole judge shall ask the defendant in court on the facts of the crime accused opinion, inform the defendant under the law applicable to the summary procedure, to confirm whether the defendant agrees to apply the summary procedure.

295th trying a case in which summary procedure, can make the following simplifying the trial:

(a) the public prosecutor can read out the indictment;

(two) the public prosecutor, the defender, the judicial personnel of interrogating the accused, questions can be simplified or omitted;

(three) for both parties without objection evidence, can only explain the evidence and the name of the event proved; on both sides have the objection, or the court deems it necessary to investigate and verify the evidence, shall produce, and conduct cross examination;

(four) the parties have no objection to the conviction and sentencing facts, evidence, the court can directly about the determination of accusation and sentencing issues.

Application of summary trial procedure, before the judgment is pronounced, the final statement of the defendant shall be heard.

296th applies summary of sole judge in the process, found the defendant may be sentenced to a prison term of more than three years, should be transferred to the collegiate bench trial.

297th trying a case in which summary procedure, should in general be in court.

298th trying a case in which summary procedure, in the process of trial, one of the following circumstances, should be transferred to ordinary procedure:

(a) the act of the defendant may not constitute a crime;

(two) the defendant may not bear criminal responsibility;

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