The Supreme People's Court on the application of "the people's Republic of China Criminal Procedure Law" interpretation　

(PART.2)

Article 109thThe following evidence should 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.

Article 110th The evidence 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 request the relevant organ to provide evidence, or request relevant personnel to testify, and make a determination other evidence.

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

Article 112nd To achieve the corresponding legal responsibility age to examine whether the defendant is accused of the crime or the implementation of the 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 Coercive measures

Article 113rd Trial, the people's court according to the situation, may decide to arrest, bail, residential surveillance or arrest the defendant.

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

Article 114th To legally summoned the defendant refuses to appear in court, 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.

Article 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.

Article 116th The 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.

Article 117th 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 the guarantor is consistent with the statutory conditions. In line with the conditions, shall notify the obligatory, and the issue of guarantee.

Article 119th The defendant decided to bail the use of 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 units, individuals will deposit in one-time public security organs refers to the special account of bank.

Article 120th The people's 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.

Article 121st The accused was released on bail, ensure people are unwilling to continue to perform the guarantee 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 provide a guarantor or pay money, or alteration of the compulsory measures, and notify the public security organ.

Article 122nd According to the provisions of the facts and the 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 of security assurance 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 organ 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 the bail decision, ruling after the entry into force, 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 victim restitution, perform incidental civil compensation obligation or execution of property punishment, the remaining part shall be returned the defendant.

Article 125th The seventy-second criminal procedure law, the provisions of the second paragraph of the first 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.

Article 126th The people's 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.

Article 127th The people's Procuratorate, the public security organs have to suspect bail, residential surveillance, case sued to the court, the need to continue the 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 The seventy-ninth criminal procedure law, the provisions of the second paragraph of the first paragraph of the defendant, the people's court shall decide arrest.

Article 129th A defendant under bail has one of the following cases, 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.

Article 130th A 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.

Article 131st The people's 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.

Article 132nd The 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.

Article 133rd The defendants were arrested with one of the following cases, 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.

Article 134th The people's Court of first instance verdict cleared the accused man, 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.

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

Article 136th On the decision of a people's court arrest, the people's Procuratorate suggests 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.

Article 137th The 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

Article 138th The victim's personal rights or property by criminal violations by criminals destroy 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.

Article 139th The accused of 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.

Article 140th Workers 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 can apply for state compensation in accordance with the law.

Article 141st The people's courts handle criminal cases, the criminal procedure law 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.

Article 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.

Article 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.

Article 144th The victim or his 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,In conjunction with the lawsuit, 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.

Article 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.

Article 146th A case of joint 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.

Article 147th Incidental civil action shall be filed in the criminal cases timely filed.

Incidental civil litigation shall submit the supplementary civil indictment.

Article 148th During the investigation, 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 relative, and file an incidental civil action, the people's court shall not accept the case, but there is evidence to prove that the mediation violates the voluntary, except the principle of legality.

Article 149th The victim or his 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.

Article 150th The people's court accepts the incidental civil lawsuit, shall within five days will be incidental civil indictment copy to the defendant or his legal representative, or will notify the defendant or his legal representative 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.

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

Article 152nd The people's court may because of the acts of the defendant 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; incidental civil lawsuit plaintiff fails to apply, when necessary, the people's court can the preservation 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 the people's courts that have jurisdiction over the case 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 Court of the 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.

Article 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.

Article 155th Make a judgment 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.

Article 156th The 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; the losses suffered by the unit has been terminated, have the rights and obligations of successors, shall order them to the successor make amends for; have no rights and obligations successors, shall order them to the people's Procuratorate to compensation, the people's Procuratorate shall be turned over to the state treasury.

Article 157th The 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.

Article 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.

Article 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.

Article 160th The people's 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 can be a civil lawsuit.

Article 161st The 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 Court of the incidental civil lawsuit, not charge litigation fees.

Article 163rd The people's Court of the incidental civil lawsuit, 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.

Article 164th The victim or his 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 During the trial period, delivery

Article 165th In months of time, 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.

Article 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 place or position; also the litigation documents in the recipient accommodation, and the use of pictures, video recording service process, the service shall be deemed completed.

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

Article 169th Client 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.

Article 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.

Article 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.

Article 172nd The 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.

Article 173rd Apply to a people's court at a higher level 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.

Article 174th During the trial, as a psychiatric evaluation of the defendant shall not be included in the trial period of time.

The eighth chapter The trial organization

Article 175th The 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.

Article 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.

Article 177th Judges shall be the sole judge, and the judge to exercise the same powers.

Article 178th The 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.

Article 179th The 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 The cases of the ordinary procedure of first instance

The first section The review of the admissibility of the pretrial preparation and

Article 180th The 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 information; whether it is accompanied by the need to protect the witness 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.

Article 181st The people's 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.