Lou Qiuqin ":

Is a major revision of the criminal procedure law of criminal defense lawyers, I sorted out in the team2012"The year of the people's Republic of China Law of criminal procedure" annotation version on the basis of a detailed interpretation of the original intention, only for his own learning purposes, such as can play some reference for others, is good, then take out the sun. --Part I General Provisions

[note]YellowLabeling revised criminal procedure law case involving the provisions,BoldAs part of the modified content,Navy BlueThe font for the defenders and agents ad litem, content,BlueAnnotation for Lou Qiuqin himself interpretation of the individual opinion, for reference only!

 

 

The criminal procedure law of the people's Republic of China (Revised)

(1979Years7Month1The Fifth National People's Congress by the second meeting of the1996Years3Month17The Eighth National People's Congress Fourth Conference "on the revision of the criminal procedure law '' of the people's Republic of China revised according to the decision"2012Years3Month14The Eleventh National People's Congress fifth conference "on the revision of 'of the people's Republic of China Criminal Procedure Law' decision" correction)

Part I General Provisions

The first chapter, aim and basic principles

Article 1 in order to guarantee the correct implementation of the criminal law, punishing crimes, protecting the people, safeguarding state and public security, maintaining the socialist social order, according to the constitution, this law is enacted.

Article second of the criminal procedure law of the people's Republic of China is the task, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively struggle against criminal acts, the maintenance of the socialist legal system,Respect for and protection of human rights, protect citizen's personal rights, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.

[read: "respect and protect human rights" explicitly written into the general principles, not only has the declarative, and guide]

Article third of criminal cases investigation, detention, arrest, pre-trial, public security organs shall be responsible for. Approval of arrest, prosecution, procuratorial organs investigation of cases directly accepted by the prosecution, the people's Procuratorate, responsible for. The trial by the people's court shall be responsible for the. Except as otherwise provided by law, any other organs, organizations and individuals have no right to exercise such powers.

The people's court, the people's procuratorates and the public security organs in conducting criminal proceedings, the relevant regulations must be strictly abide by this Law and other laws.

Article fourth the state security organs in accordance with the law, handle cases of crimes that endanger State security, and the public security organs exercise the same powers.

Article fifth the people's court in accordance with the law to exercise judicial power independently in accordance with the law, the people's procuratorates exercise procuratorial power independently, not by administrative organs, social groups and individuals.

Article sixth the people's courts, the people's procuratorates and the public security organs in conducting criminal proceedings, must rely on the masses, must take the facts as the basis, take the law as the criterion. For all citizens, all are equal before the law, in front of the law, no privileges allow.

Article seventh the people's courts, the people's procuratorates and the public security organs shall, in conducting criminal proceedings, the division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law.

Article eighth the people's Procuratorate to exercise legal supervision over criminal procedure.

Article ninth citizens of all nationalities have the national language of litigation rights. The people's court, the people's procuratorates and the public security organs to not understand the local language lawsuit participates in a person, should provide for their translation.

The minority or ethnic areas, should be tried in the language or languages, commonly used in the locality issue judgments, notices and other documents of the text.

Article tenth the people's court cases, the two-tier trial system.

Article eleventh the people's court cases, unless otherwise prescribed in this law, shall be heard in public. The accused has the right to defence, the people's courts shall have the duty to guarantee the defendant to defence.

Article twelfth without the approval of the people's court to sentence, no person shall be found guilty.

Article thirteenth in accordance with the people's court, people's assessors taking part in trials of this Law system.

The fourteenth people's court, the people's procuratorates and the public security organs shall safeguardCriminal suspects, defendants and other participants in the proceedings shall have the right to counsel and other litigation rights.

[interpretation: the right of defense from other litigation rights separately, emphasis on the guarantee of the defense rights of litigation participants]

Participants in the proceedings for the judges, procurators and investigators violations of civil litigation rights and personal insult, has the right to sue.

Article fifteenth in any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or declared innocent:

(a) plot remarkable slight, little harm, not deemed a crime;

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

(three) the amnesty exemption from punishment;

(four) in accordance with the criminal law that crime, or withdraw to tell not tell;

(five) the suspect, the defendant's death;

(six) other laws provide an exemption from investigation of criminal responsibility.

Article sixteenth for the foreigners who commit crimes shall be investigated for criminal responsibility, apply the provisions of this law.

For foreigners who enjoy diplomatic privileges and immunities shall be investigated for criminal responsibility of the crime, be resolved through diplomatic channels.

Seventeenth according to the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, the judicial organs of China and foreign judicial authorities may request each other to criminal judicial assistance.

The second chapter jurisdiction

Article eighteenth of criminal cases investigation conducted by the public security organs, except as otherwise stipulated by law.

The crime of corruption and bribery, national staff malfeasance crime, the State functionary carry illegal detention, torture to extract confessions, revenge against unlawful search of, criminal violation of civil rights and infringement of citizens' democratic rights of the crime, the people's Procuratorate investigation. For the case of state functionary carry other grave crimes committed, need to be handled directly by the people's Procuratorate, the people's Procuratorate at the provincial level and above, by the people's Procuratorate investigation.

Cases of private prosecution shall be handled directly by the people's court.

Article nineteenth the basic people's court as the court of first instance criminal cases, but in accordance with this law, the superior people's court jurisdiction except.

The twentieth intermediate people's court shall have jurisdiction over the following criminal cases of first instance:

(a) endanger State security,Terrorism cases;

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

[interpretation: delete the counterrevolutionary cases call, delete the criminal cases involving crimes committed by foreigners, increased terrorism cases]

The higher people's Court of jurisdiction article twenty-first of criminal cases of first instance, is the province (autonomous region, municipality directly under the central government) major criminal cases.

The Supreme People's court shall be under the jurisdiction of twenty-second criminal cases of first instance, is a major criminal cases nationwide.

Article twenty-third the people's court when necessary, can be under the jurisdiction of the lower level people's court trial of criminal cases of first instance; if a people's court case that the major, complicated by the need for a superior people's court trial of criminal cases of first instance, you can request a transfer a higher people's court trial.

Article twenty-fourth of criminal cases shall be under the jurisdiction of the people's court to the crime. If the defendant resides to the people's court is more appropriate, can be under the jurisdiction of the people's court settlements by the defendant.

Article twenty-fifth a few of the people's courts have jurisdiction over a case, the people's court that first accepted by. When necessary, can be transferred to the main criminal trial of the people's court.

Twenty-sixth a superior people's court may designate an inferior people's court for jurisdiction of unknown cases, can also be specified if the people's court to transfer the case to another people's court for trial.

Jurisdiction twenty-seventh special cases in the people's courts shall be stipulated separately.

The third chapter avoidance

Any of the following circumstances twenty-eighth judges, prosecutors, investigators, shall voluntarily withdraw, the parties and their legal representatives shall have the right to request him to withdraw:

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

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

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

(four) there are other relationship with a party to the case, which may affect the impartial handling of the case.

Twenty-ninth judges, prosecutors, investigators shall not accept the parties and the entrusted people's dinners, may meet with the parties and the entrusted person in violation of regulations.

The judges, prosecutors, investigators in violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law. The parties and their legal representatives shall have the right to request him to withdraw.

Avoid the thirtieth judges, prosecutors, investigators, shall be respectively by the president of the court, prosecutor, the head of a public security organ; the withdrawal of the president, decided by the court's Judicial Committee; the prosecutor and the head of a public security organ avoidance, by the people's Procuratorate at the same level procuratorial committee.

Avoidance of investigators before making a decision, the investigators could not stop the investigation of a case.

For withdrawal, the parties and their legal representative may apply for reconsideration once.

The thirty-first chapter on the withdrawal shall apply to court clerks, interpreters and identification of human.

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

[interpretation: clearly increased the defenders and agents ad litem to apply for withdrawal and the right to apply for review]

The fourth chapter defence and representation

Article thirty-second of criminal suspects and defendants, in addition to exercising the right to defend himself, also may entrust one or two persons as his defenders. The following persons may be appointed as the defender:

(a) a lawyer;

(two) recommend people groups or criminal suspects, defendants unit person;

(three) the suspect, the defendant's guardian, relatives and friends.

In accordance with the law are under criminal punishment or deprivation, restriction of personal freedom of the people, shall not serve as defenders.

Article thirty-third of criminal suspectsSince the first interrogation by the investigatory organ or coercive measures taken to date, have the right to appoint a defender;In the period of investigation,Can only entrust the lawyer. The accused has the right to entrust defenders at any time.

When the investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, it shall inform the criminal suspect has the right to entrust defenders.The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders. The people's court shall accept the case within three days, it shall inform the defendant has the right to entrust defenders.The suspect, the defendant in custody requests entrust a defender, the people's court, the people's procuratorates and the public security organs shall promptly convey the requirements.

The suspect, the defendant in custody, also by the guardian, close relatives to entrust defenders.

The defenders by criminal suspect, defendant after commissioning, it shall promptly inform the court authority.

[interpretation: criminal suspects in the investigation stage has the right to appoint a defender, not only to provide legal aid lawyer]

Article thirty-fourth The suspect, the defendant due to financial difficulties or other reasons, has not entrusted a defender, and near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the.

The suspect, the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct, not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to provide justification for the.

The suspect, the defendant may be sentenced to life imprisonment or death, did not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.

[interpretation:Expanded the scope of legal aid, increased mental patient who has not completely lost the ability to recognize or control his own conduct and could be sentenced to the crime suspect, the accused to life imprisonment shall be designated defense situation, increase the counsel did not entrust the crime suspect, accused person and their close relatives the right to apply for legal aid]

Article thirty-fifth The responsibility of a defender shall according to the facts and the law,Present materials and arguments the suspect, the defendant not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the litigation rights and other lawful rights and interests.

[interpretation: the original request counsel can prove that the materials and opinions of criminal suspects, defendants not guilty, a mitigated punishment or exemption from criminal responsibility, the new "proof", delete the word]

Article thirty-sixth Defense counsel in the investigation period can provide legal assistance for criminal suspects; complaints, charges; apply for alteration of the compulsory measures; to the investigation organ about the crime suspect guilty and case, put forward opinions.

[interpretation: the detection stage defense of human rights are restricted, still no investigation and grading and other rights, rules compared to the old law, only the investigation organ to learn about the crime suspected of case, the right to comment]

Article thirty-seventhThe defense lawyer may with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant.

Defense lawyers the lawyer's practicing certificate, proof of lawyers and legal aid attorney or letter requesting a meeting with the suspect, the defendant in custody, detention house shall arrange to meet, not later than forty-eight hours.

Crimes of endangering national security, terrorism crime, crime of particularly great bribery case, in the period of investigation lawyer meets with the criminal suspect in custody, it shall obtain the permission of the investigation organ. Of these cases, the investigation organ shall notify the.

Defense lawyers meet the suspect, the defendant, the understanding of the circumstances of the case, to provide legal consulting; since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence. Defense lawyers met the suspect, the defendant is not to be monitored.

The defense lawyer with the criminal suspects, defendants met, communication, applies the first, third, fourth.

[interpretation: and2008The lawyer law of cohesion, the lawyer hold three certificates can not be monitored shall meet and interview, lawyer, but the crime of endangering national security, terrorism crime, crime of particularly great bribery case must still be approved by investigation authority. The new law also increased the defense lawyer since the case transferred for examination and prosecution of criminal suspects, defendants to verify the evidence concerning the rights, avoid the lawyer to verify the evidence before the leak risk]

Thirty-eighth defense lawyers of the people's Procuratorate date, consult, extract, copy the file material. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material.

[interpretation: the range of the defense lawyer marking expansion from the litigation documents, technical identification of material to the case file materials]

Article thirty-ninth the defender believes in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs to prove the suspect, defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court.

[interpretation: although clearly stipulated that the defender has the right to the people's Procuratorate, the people's court for obtaining the relevant authorities have collected evidence material in light of uncommitted prove the criminal suspect, the defendant innocent or guilty, but this practice is not strong, though not before a clearly defined, but the defenders can also apply for take, but often settle a matter by leaving it unsettled. ]

The suspect fortieth defenders collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate.

Article forty-first Defense lawyers with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them, can also apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses to testify in court.

Defense lawyers with permission of the people's Procuratorate or the people's court, and the victim victims or their close relatives, provide witness agree, can collect information pertaining to the current case to them.

Article forty-second To defend orAny other person, not help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference proceedings of the judicial organs.

In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law,The defender is suspected of committing a crime, the case shall be undertaken by outside counsel for the investigating authority. The defender is a lawyer, it shall timely notify the law firm or the lawyers' association.

[read: will expand the subject of perjury crime from the defense lawyers and other defenders to any other person, shall be investigated for criminal responsibility and improve the defender perjury behavior process]

Article forty-third During the trial, the defendant may refuse to have his defender continue to defend him, may also entrust another defender defense.

Article forty-fourth Victim in a case of public prosecution and their legal representatives or near relatives, the party in an incidental civil action and the legal agent, since the date of the case is transferred for examination before prosecution, have the right to entrust agents ad litem. Cases of private prosecution and their legal representatives, the party in an incidental civil action and the legal agent, has the right to entrust agents ad litem.

The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, it shall inform the victim and his legal representatives or their close relatives, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem. The people's court after accepting a case of private prosecution, within three days, it shall inform the prosecutor and his legal representative, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem.

Article forty-fifth To entrust agents ad litem, by reference to the provisions of this law article thirty-second.

And the information about the forty-sixth defense attorney known in practice, have the right to keep confidential. However, defense lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely inform the.

[interpretation: the lawyer occupation conservative secret privilege, except that in the practice of the client or any other person or being implemented to endanger national security, public safety and serious endanger the personal safety of crime information]

Article forty-seventh the defenders and agents ad litem, think that the public security organs, people's Procuratorate, the people's court and its personnel impede their exercise their litigation rights according to law, have the right to sue to the same level or the people's Procuratorate at a higher level to file a complaint or. The people's Procuratorate to appeal or accusation shall timely carry out the examination, is the case, notify the relevant authorities to rectify.

[interpretation: I think this one is very meaningful, the relief way judicial organs and their staff hinders the defenders and agents ad litem, exercise their litigation rights]

The fifth chapter evidence

Article forty-eighth Can be used to prove the material facts of the case, is evidence.

Evidence includes:

(a) evidence;

(two) documentary evidence;

(three) the testimony of a witness;

(four) statement of the victim;

(five) the suspect, the defendant confession and exculpation;

(six) the expert opinion;

(seven) the inquest, inspection, identification, Investigative Experiment record;

(eight) audio-visual materials,Electronic data.

Evidence must be verified before it can be taken as a basis.

[interpretation: evidence to expand the scope of electronic data, conform to the trend of social development, at the same time the appraisal conclusion to expert opinion, more scientific]

Article forty-ninthBurden of proof of the defendant guilty in the case of public prosecution shall be borne by the people's Procuratorate, the burden of proof of defendant guilty the case of private prosecution shall be borne by the private prosecutor.

[interpretation: the case of public prosecution and private prosecution burden]

Article fiftieth The judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods,No person shall be forced to prove himself to be guilty. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, can be brought in to help the investigation.

[interpretation: the self incrimination written into law, but did not remove the118Questioning the suspect to investigators in ", shall truthfully answer," the practical and effect is debatable, but certainly the suspect, the defendant's right to silence in order to realize the self incrimination]

Article fifty-first Approved by the public security organs, people's Procuratorate indictment arrest, the people's court judgment, must be faithful to the facts. Deliberately concealing the truth, shall be investigated for responsibility.

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

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

Involving state secrets,Commercial secrets, personal privacyEvidence, shall be kept confidential.

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

[interpretation: the administrative organ in the administrative law enforcement and investigation to collect evidence, documentary evidence in the case, audio-visual materials, electronic data evidence into the criminal litigation can use evidence, will range from state secrets shall be kept confidential to expand the business secrets and personal privacy]

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

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

(a) the conviction and sentencing facts have evidence;

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

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

[interpretation: the measure of the evidence is true, sufficient criteria, which must meet the above three conditions at the same time]

Fifty-fourth using torture to extract confessions and other illegal methods to collect the suspect, defendant's confession and using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded. The collection of physical evidence, documentary evidence does not meet the statutory procedures, may seriously affect judicial justice, shall be corrected or make reasonable explanations; no correction or to make a reasonable explanation, the evidence should be excluded.

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

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

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

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

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

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

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

[read: fifty-fourth to fifty-eight is the new increase of five, is the implementation of specific provisions of criminal cases of illegal evidence exclusion, and2010Years7Month1On the beginning of the implementation of the "Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, the Ministry of justice on several problems of exclusion of illegal evidence in handling criminal cases regulations" have a good interface, in the new environment, in the exclusion of illegal evidence application and collect the legitimacy of evidence in court investigation link, the lawyer will play a role can not be ignored]

Article fifty-ninth The testimony of witnesses in court by the public prosecutor, the victim and the defendant, the defenders of both sidesQuality certificate and verified afterCan be taken as a basis.The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law.

[interpretation: on the testimony of witnesses after the interrogation, interrogation, listening to the testimony of witnesses and through them is simplified as a "cross examination and investigation", delete the testimony of witnesses must be specified after the two sides questioned in court, will undoubtedly make the witness appearing in court hard]

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

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

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

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

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

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

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

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

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

(five) other necessary protective measures.

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

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

[interpretation: this increases the protection measures for witness in the proceedings of the witnesses and expert witnesses, victims and their close relatives, and has active significance to promote the witness]

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

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

[interpretation: this increased subsidies and units of testifying witness shall not deduct the treatment of security, but also conducive to promoting the witness]

The sixth chapter compulsory measures

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

Article sixty-fifth The people's court, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, can bail:

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

(two) may be sentenced penalty above, release on bail will not take the danger to the society;

Three.Affected with a serious disease, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;

Four.Detention period expires, the case has not yet completed, need to take bail.

Bail enforcement by the public security organs.

[interpretation: adds two to bail conditions, one isAffected with a serious disease, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the place of danger to society, another is the detention period expires, the case has not yet completed, need to take bail, the former is more humanized, which will help alleviate the problem of extended custody]

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

Article sixty-seventh Sponsors must meet the following conditions:

(a) is not involved in this case;

(two) the ability to perform warranty obligations;

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

(four) have a fixed residence and income.

Article sixty-eighth The guarantor shall perform the following obligations:

(a) supervision is the guarantee to comply with the provisions of articleArticle sixty-nineRegulations.

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

That the guarantor is in violation of the provisions of articleArticle sixty-nineThe provisions of the act,The guarantor fails to perform the obligation of guarantee, to ensure the fine people, which constitutes a crime, shall be investigated for criminal responsibility according to law.

[interpretation: the guarantor's obligations including timely report to the executing organ, the law will guarantee not to report "fails to perform the obligations to ensure" reasonable]

Article sixty-ninth By the criminal suspect, defendant bail shall observe the following provisions:

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

(two) address, work units and contact information changes, in twenty-four hours to inward executive report;

(three) in the time to;

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

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

[interpretation: added a shall abide by the criminal suspect, defendant bail provisions, namely, address, work units and contact information changes, should be in twenty-four hours to inward enforcement agencies report]

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

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

(two) with no specific staff meeting or communication;

(three) shall not engage in certain activities;

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

[interpretation: the judicial organ to be criminal suspects, defendants on bail an injunction or the relevant documents to the enforcement responsibility to punish crime organ preservation hand according to the situation, on the other hand it is enlarging its scope of application to, such as drunk driving personnel may limit their access to places of entertainment, prohibited the drink, shall be ordered to be driving license to the enforcement organ preservation are reasonable under the circumstances of the case, is the need, in practice to prevent the judicial organ to abuse the bar]

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

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

[interpretation: for bail to arrest, the terms added to the criminal suspect, defendant in custody procedures, changed the original directly into arrested regulation]

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

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

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

[read: seventieth and seventy-first of the two new terms clearly defined margin amount standard, way and refund the deposit to pay a deposit for the program, to ease the parts of margin and returned extremely chaotic situation]

The seventy-second people's court, the people's procuratorates and the public security organs to meet the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, to residential surveillance:

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

(two) pregnant or breast-feeding her baby;

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

(four) because of the need for the special circumstances of the case or the handling of cases, take measures are more suitable for residential surveillance;

(five) detention period expires, the case has not yet completed, need to residential surveillance measures.

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

Residential surveillance shall be executed by a public security organ.

[interpretation: the new law will bail applicable conditions and residential surveillance conditions were distinguished, rather than use may be sentenced to public surveillance, detention or independent additional penal apply or be sentenced penalty above the old law, to adopt a unified standard of bail, residential surveillance without danger to the society, more in line with the to the two kinds of Compulsory Measures Legislation]

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

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

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

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

[interpretation: I think the execution must be restricted to a designated place for residential surveillance, otherwise will be wantonly trampling on human rights]

Article seventy-fourth designated residence residential surveillance shall to be shortened. Be sentenced to control, surveillance, the term is to be shortened by a day; sentenced to criminal detention, fixed-term, residential surveillance for two days to be shortened by one day.

[interpretation: Specifies the residence term is to be shortened to residential surveillance is a great progress of]

Article seventy-fifth By the criminal suspect, defendant residential surveillance shall observe the following provisions:

(a) without the approval of the organ executing the implementation of residential surveillance shall not be allowed to leave the premises;

(two) without the approval of the organ executing or not to meet with othersSignal communication;

(three) in the time to;

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

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

Six.The passport and other travel documents, identity documents, documents, the executing organ preservation driving.

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

[interpretation: the lawyers met the suspect, the defendant under residential surveillance to the approval of the organ executing the? How to guarantee the right to a lawyer to meet with the criminal suspect, the defendant under residential surveillance? ]

Article seventy-sixth The executing organ for criminal suspects, defendants, can takeElectronic monitoring, not regular inspectionThe monitoring method of monitoring of compliance with the provisions of the residential surveillance; in the period of investigation, the criminal suspectsMonitoring communication.

[interpretation: increase executive organ of the method under residential surveillance of criminal suspects and defendants, execution, but should avoid the violation and to residential surveillance of criminal suspects and defendants, live with families and relatives rights and privacy]

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

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

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

Article seventy-ninth To have evidence to prove the facts of the crime, may be sentenced penalty above the suspect, the defendant,Take the guaranteed pending trial is not enoughTo prevent the danger to the society, should be arrested:

(a) may implement the new crime;

(two) the real danger endanger national security, public security or public order;

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

(four) the victim, informants, may take revenge the complainant implementation;

(five) in an attempt to Dutch act or escape.

To have evidence to prove the facts of the crime,Be sentenced penalty above ten years, or there is evidence to prove the facts of the crime, may be sentenced penalty above, onceAn intentional crime or unidentified, should be arrested.

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

[interpretation: strictly limit the conditions of arrest, than to have evidence to prove the facts of the crime of "the old law, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, and the arrest of the necessary, shall be immediately arrested according to law" the rules more practical]

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

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

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

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

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

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

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

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

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

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

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

(two) wanted for arrest;

(three) to escape from prison;

(four) are hunted.

Article eighty-third When a person detained by public security organs, must produce a warrant.

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

[interpretation: the new law clearly defined the house of detention time sent to detention people, for detention24Hours to notify the family of the exception, will likely impede the investigation situation on the crimes of endangering national security, terrorism, and increased would hinder the investigation situation disappear, shall be immediately notified]

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

[interpretation: delete "to be arrested and the evidence is insufficient, can be released on bail pending trial or for residential surveillance shall]"

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

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

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

(two) the suspect asked prosecutors to statement;

(three) the investigation may have serious illegal act.

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

[interpretation: in the investigation stage of review of arrest stage, increasing the people's Procuratorate interrogation of a criminal suspect, the questioning of witnesses and other participants in the proceedings and to listen to the lawyers advice link, is conducive to arrest measures applicable limit]

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

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

Article eighty-ninth The public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days.

For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days.

The people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notify the people's procuratorate. If further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

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

Article ninety-first When a public security organ to arrest people, must produce an arrest warrant.

After the arrest, it shall immediately be arrested for custody. In addition to not notice shall, within twenty-four hours after the arrest, notify the family of the arrested person.

[interpretation: increased after the arrest shall immediately will be taken not to let the delivered to house of detention, in addition to not notice, should be arrested24Within the hour, notify the family of the arrested person, delete would hinder the investigation situation, the notification object removed the arrest of one unit]

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

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

[interpretation: increase the people's Procuratorate detention necessity right of review and be released or compulsory measures change proposal right]

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

Article ninety-fifth The suspect, the defendant or his legal representative, close relativeOr the defenderHave the right to apply for alteration of the compulsory measures.Receive request the people's court, people's Procuratorate and the public security organs,The decision shall be made within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval.

[interpretation: increase the defender for compulsory measures to change the rights, increase the judicial authorities after accepting the application must be made the deadline and inform the duty]

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

[interpretation: for overtime is still not completed the suspect, the defendant shall release, in principle, require continued investigation, trial, before taking Bao Hou Marquis examine or residential surveillance]

Article ninety-seventh the people's courts, the people's Procuratorate or the public security organ of the compulsory measures adopted by the statutory period expires the suspect, the defendant shall release, release, release on bail, residential surveillance or alteration of the compulsory measures according to law. The suspect, the defendant or his legal representative, close relative orCounselForced to take measures for the people's court, people's Procuratorate or public security organThe statutory time limit expiresOf, have the right to request the cancellation of the compulsory measures.

[interpretation: compared with the old method, the bar two words changed my order]

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

The seventh chapter of incidental civil action

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

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

[interpretation: the old law is only the right to file an incidental civil action, the new law for the victims of the death or incapacity, will have the right to file an incidental civil action subject to the victim's legal representative, close relative]

Article 100th The people's court when necessary, can take preservation measures, seizure, seizure or freezing the property of the defendant.Plaintiff of the supplementary civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. The people's courts to take preventive measures, the relevant provisions of the civil procedure law applicable.

[interpretation: it added a collateral security measures in the civil proceeding and the plaintiff of the supplementary civil action or the people's Procuratorate for the adoption of measures for the preservation of rights, and this will help alleviate the incidental civil judgment enforcement difficult problem]

Article 101st The people's Court of the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.

[interpretation: clear the incidental civil lawsuit can mediate principle]

Article 102nd 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.

The eighth chapter, during the service

Article 103rd During the time, day, month. During the beginning of the day and not be counted as within the time period.

A legally prescribed time period shall not include travelling time.

Appeals or other documents that have been mailed before the expiration, not expired.

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

Article 104th The parties due to irresistible causes or for other legitimate reasons and time limit, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.

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

Article 105th Serve a summons, notices and other court documents shall be delivered to the addressee himself; if I am not in, can give his adult family members or unit responsible for collection.

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

Other provisions of chapter ninth

Article 106th The following terms used in this Law means:

(a) "investigation" refers to the public security organs, people's procuratorates in the process of handling cases, in accordance with the laws of surveys and compulsory measures;

(two) "parties" means the plaintiff victim, private prosecutor, criminal suspects, defendants, and defendants in incidental civil actions;

(three) "legal representative" refers to an agent's parents, foster parents, guardians and bear the responsibility to protect organs, representative group;

(four) "participants in the proceedings" means the parties, legal representatives, agents, counsel, witnesses, appraisers and translators;

(five) "agent" refers to the victim in a case of public prosecution and their legal representatives or near relatives in a case of private prosecution, the prosecutor and his legal agent entrusted to participate in litigation of the people and the party in an incidental civil action and the legal agent entrusted to participate in litigation;

(six) "close relatives" refers to the husband, wife, father, mother, son, daughter, brothers and sisters.

                                                                       To be continued......