The new criminal procedure law annotation version and Lou Qiuqin unscramble one by one -- second of filing a case, investigation and prosecution

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. --Second filing a case, investigation and prosecution

[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!

 

Second filing a case, investigation and prosecution

The first chapter case

Article 107th The public security organ or the people's procuratorate finds the facts of a crime or a criminal suspect, shall be in accordance with the scope of jurisdiction, investigation.

Article 108th Any entity or individual finds facts of a crime or a criminal suspect, has the right and obligation to the public security organs, people's Procuratorate or the people's court or report.

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

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

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

Article 109th The report, complaint, report may be filed in writing or orally. Receiving an oral report, complaint report, staff, shall make a written record of being read, correct, sealed by the reporter, complainant, accuser signature or.

Receiving the complaint, the staff report, the legal responsibility to the complainant, accuser shall be the false accusation. However, as long as not fabricate facts, forges evidence, even if the accused, report the facts have access, or even mistaken complaint, also want to and false strict distinction.

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

Article 110th The people's court, the people's Procuratorate or the public security organ to report to the police report, Sue, and surrender the material, should be in accordance with the scope of jurisdiction, promptly examine, believes that there are facts of a crime and criminal responsibility, should be placed on file; that no criminal facts, or the crime facts are obviously minor, need not when, be investigated for criminal responsibility not to file, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration.

Article 111st The people's Procuratorate believes that the public security organ should be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice.

Article 112nd As to a case of private prosecution, the victim has the right to bring a suit directly to a people's court. The victim's death or incapacity, his legal representatives, near relatives shall have the right to bring a suit to the people's court. The people's court shall accept the case according to law.

The second chapter investigation

Section 1 General Provisions

Article 113rd The public security organ to a criminal case which has been filed, must carry on the investigation, evidence collection, obtaining the guilt or innocence of the crime suspect, light or heavy crime. Active criminals or suspects can be detained first according to law, meet the conditions for arrest criminal suspects, should be arrested according to law.

Article 114th The public security organs after investigation, on the evidence of the facts of the crime cases, shall conduct pre-trial evidence collection, investigation, to verify the.

Article 115th The party and the defender, agent ad litem, interested party has one of the following acts for the judicial organs and their staff, the authorities have the right toComplaint or accusation:

(a) to take coercive measures to the statutory period, not to be released, dissolution or change;

(two) shall refund the deposit is not refundable bail;

(three) to have nothing to do with the case of property seizure, seizure, freezing measures;

(four) shall terminate the seizure, seizure, freezing not released;

(five) the corruption, embezzlement, privately divide, exchange, in violation of the provisions of the use of attachment, seizure, freezing of property.

The admissibility of the complaint or accusation shall be timely treatment. To handle the appeal, it may appeal to the people's Procuratorate at the same level; the people's Procuratorate cases directly accepted, it may appeal to the upper level people's procuratorate. The people's Procuratorate shall timely examine on the appeal, the case, notify the relevant authorities to rectify.

[interpretation: the remedy of appeal or accusation scope and relevant authorities reject a complaint, accusation]

The second section the interrogation of criminal suspects

Article 116th The interrogation of criminal suspects must be responsible for a people's Procuratorate or public security organs of the investigation personnel. During an interrogation, the investigators shall not be less than two.

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

[read: limit the investigation personnel to be sent to the detention of criminal suspects the interrogation should be in detention center]

Article 117th Do not need to arrest, detention of criminal suspects, may be summoned to a designated place city, county lies within the criminal suspect or interrogation to his place, but the people's Procuratorate or public security organs shall present the documents.To found at the scene of the crime suspect, by working to produce documents, can be summoned verbally, but shall be marked in the transcripts of interrogation.

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

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

[interpretation: defines verbal summons the circumstances and procedures, will be summoned, summons for the time from the original shall not be more than twelve hours, to special circumstances can be extended to twenty-four hours, but increase the summons, arrest the suspect, shall ensure that the provisions of criminal suspect's diet and the necessary rest time, can alleviate the disguised the phenomenon of torture to extract confessions]

Article 118th When the investigators suspect, shall first ask the criminal suspect whether a crime, let him state the circumstances of his guilt or innocence excuse, then put a question to him. The suspect of investigators question, shall truthfully answer. But irrelevant to the case, have the right to refuse to answer.

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

[interpretation: increase the investigators in the interrogation of criminal suspects, should be the law to inform the suspect confess lenient treatment] can

Article 119th Deaf, dumb interrogation of criminal suspects, there should be a deaf mute, gesture people participate in, and this situation shall be noted in the record.

Article 120th Transcripts of interrogation shall be checked for criminal suspects, without reading ability, shall be read to him. If if there is any omission or error, the criminal suspect may make additions or corrections. The suspect acknowledges that the record is free from error, he shall sign or affix his seal. The investigators shall also sign the record. The suspect requests to write a personal statement, he shall be permitted to. When necessary, the investigators may also ask the criminal suspect to write a personal statement.

When the 121st investigators in the interrogation of a criminal suspect, can the audio or video recording of the interrogation process; there may be sentenced to life imprisonment, the death penalty cases or other serious crimes, shall carry out the sound recording or video recording of the interrogation process.

Audio or video recordings shall be full, maintain integrity.

[interpretation: increased the investigation stage of the interrogation of criminal suspects the recording program]

The third section of questioning the witness

Article 122nd The investigators asked the witness, inThe sceneThe witness, can also go to the unit, residence orThe proposed locationFor, when necessary, may also notify the witness to the people's Procuratorate or public security organ to provide testimony.The examination of witnesses at the scene, they shall show their work certificates, to witness the unit, residence and witness the location of questioning the witness, the people's Procuratorate or the public security organ shall present the documents.

Witnesses shall be questioned individually.

[interpretation: improve the questioning of witnesses locations, the ID and procedural requirements]

123rd witnesses, shall inform him shall faithfully provide evidence, legal responsibility of testimony and intentionally giving false testimony or conceal evidence to negative.

[interpretation: under eighteen years of age by the "witness can" notify its legal agent here to "should" Notice of inquiry, and the content into a special program "minor criminal procedure"]

Article 124th The provisions of articleArticle one hundred and twentyThe provisions also apply to the questioning of witnesses.

Article 125th Ask the victim, to apply the provisions of all articles in this section.

The fourth section inspection, inspection

Article 126th Investigators shall conduct an inquest or examination for crime related sites, objects, people, the body. When necessary, may designate or hire people with expertise, conduct an inquest, inspection under the direction of the investigators.

Article 127th Any unit or individual, have the obligation to protect the scene of the crime, and immediately notify the public security organ to inspection.

Article 128th Execution of an inquest or examination, the investigators must, by a people's Procuratorate or a public security organ documents.

Article 129th For the bodies of unknown cause, the public security organs have the right to decide the anatomy, and notify the family members of the deceased to.

Article 130th In order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body,Can extract fingerprint information, collection of blood, urine and other biological samples.

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

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

[interpretation: check on the human body, can increase the extraction of fingerprint information, collection of blood, urine and other biological samples]

Article 131st Inspection, examination shall be written record, sealed by the participants in the inquest, inspection and witness the signature or.

Article 132nd When the people's Procuratorate to examine the case, the public security organs of the inspection, examination, considers it necessary to re inspection, review, may request the public security organ to retest, review, and may send procurators in.

Article 133rd In order to find out the truth, when necessary, byThe head of a public security organApproval, investigative experiments may be conducted.

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

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

[interpretation: the approval by the Public Security Bureau of Investigative Experiment to the head of a public security organ, although more scientific language, but how to define a problem is responsible for people, but also of Investigative Experiment defined procedures, requirements of making a record, require the signature or seal]

The fifth section

Article 134th In order to collect the evidence of the crime, the crime, the criminal suspect and the investigators may might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places.

Article 135th Any unit and individual, obligation in accordance with the people's procuratorates and the public security organs requirements, surrender may prove the criminal suspect's guilt or innocence material evidence, documentary evidence, audiovisual materialsEvidence.

[read: "evidence" in the audiovisual data words, the Department]

Article 136th Search, must be shown to the person to be searched a warrant.

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

Article 137th In search of time, should be searched or his family members, his neighbours or other witnesses.

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

Article 138th Search should be written transcripts, by the investigators and the person searched or his family members, his neighbours or other witnesses shall affix their signatures or seals. If the person to be searched or his family members have become fugitives or refuse to sign, seal, it shall be indicated in the notes.

The sixth sectionAttachmentMaterial evidence, documentary evidence, seizure

Article 139th Found in investigative activitiesCan be used to prove the criminal suspect's guilt or innocence of theKind of property,Documents, shallAttachment,Seizure; irrelevant to a case, file property, shall not beAttachment,Seizure.

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

Article 140th YesAttachment,The seizure of property, documents, should be with the eyewitnesses andThe seizure,Distraint, file holder now clear, on the list in two copies, by the investigators, the witness and the holder of the signature or seal, a given to the holder, the other copy shall be kept on file for reference.

[interpretation: Section sixth adds to the evidence, documentary evidence sealed measures]

Article 141st Investigators think need to detain suspects mail, telegraph, approval of the public security organ or the people's Procuratorate, notify the post and telecommunications offices to mail, telegraph inspection to seizure.

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

Article 142nd The people's Procuratorate, the public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions of the deposit, remittance,Bond, stock, fund and other property.The units and individuals concerned shall cooperate with the.

The suspect deposit, remittance,Bond, stock, fund etc.Property that has been frozen, it may not be frozen again.

Article 143rd YesAttachment,The seizure of property, documents, mail, telegram or frozen deposits, remittances,Bond, stock, fund and other propertyThrough investigation, unrelated to the case, shall be cancelled within three daysAttachment,The seizure, freezing,Refunded.

[read: 142nd and 143rd will bond, stock, fund into the attachment, seizure, freezing range]

The seventh section identification

Article 144th In order to find out the case, when the need for some specific problems to solve in the case, shall appoint, hire an expert who was identified.

Article 145th After verification, the experts shall writeOpinion, and signature.

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

[interpretation: delete special provisions on personal injury re identification and medical expertise on mental illness]

Article 146th The investigation organ shall be used as the evidence of identificationOpinionTo inform the suspect, the victim. If the criminal suspect, the victim can apply, supplementary identification or re identification.

[interpretation: the appraisal conclusion to expert opinion]

Article 147th During the identification of mental diseases of the suspect is not included in the deadline.

The eighth section technical investigation measures

Article 148th the public security organs in the case, for the crime of endangering national security, terrorism, organized crimes of the underworld, serious drug crime or other serious harm to society of criminal cases, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation.

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

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

Article 149th the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. Since the date of issue of the approval decision within three months. Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation, after approval, the validity period may be extended, each time shall not exceed three months.

Article 150th to take measures of technical investigation, should be strictly in accordance with the approved measures, applicable objects and limit types.

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

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

Public security organs to take measures of technical investigation according to law, the relevant units and individuals shall cooperate with the relevant information, and shall keep secret.

151st in order to find out the truth, when necessary, by the public security organs of the person responsible for the decision, by the relevant personnel to conceal its identity of the implementation of the investigation. However, not tempt others to commit a crime, not methods may endanger public safety or serious personal danger.

The payment of goods prohibited drugs or property crime, the public security organ according to the investigation of a crime, in accordance with the provisions of the implementation can be controlled delivery.

Article 152nd in accordance with the provisions of this section to investigative measures collected materials can be used as evidence in criminal proceedings. If you use this evidence may endanger the personal safety, or have other serious consequences, shall take not to expose the identity, technology and other relevant personnel protection measures, when necessary, can by the judge in the court to verify evidence.

Interpretation: [eighth measures of technical investigation is the new completely new content, new criminal investigation for the special case of special personnel and chase after strict approval procedures can take measures of technical investigation, such provisions for the punishment of the crime, but must go through strict limits and approval procedures, otherwise it will may result in a violation of human rights, the law is general provisions to go through strict approval procedures and some basic requirements, the relevant departments should also be further strict refinement]

The Ninth Section

Article 153rd Criminal suspect who should be arrested a fugitive, a public security organ may issue a warrant, take effective measures, hunt him down.

The public security organs at all levels within the area under its jurisdiction, arrest warrant can be issued; areas beyond their jurisdiction, shall be reported to higher authorities the right to decide the release.

Section tenth investigation

Article 154th On the investigation of criminal suspects arrested after the period of detention shall not exceed two months. The case is complex, cannot be concluded within the time limit of the case, may be extended by one month after the approval of the people's Procuratorate at the next higher level.

Article 155th Due to special reasons, in a long time should not be brought to trial a particularly grave and complex cases, be submitted to the Supreme People's Procuratorate by the Standing Committee of the National People's Congress approved the deferment of trial.

Article 156th In this method the following casesArticle 154thThe expiration of the time limit prescribed investigation cannot be concluded by the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, may be extended for two months:

(a) major and complicated cases in outlying areas where traffic is very inconvenient;

(two) major crime cases;

(three) on major and complicated cases;

(four) the crime involving a wide range of major and complicated cases, evidence of the difficulties.

Article 157th The criminal suspect may be sentenced penalty above ten years, in accordance with this LawArticle 156thThe provisions to extend the expiration of the period, still cannot investigate terminative, the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, and may be extended for two months.

Article 158th In the period of investigation, found the suspect another major crimes, since that date in accordance with the provisions of this LawArticleArticle one hundred and fifty-fourShall be recalculated investigation detain deadline.

The suspect does not tell his true name, address, identity is unknown,Should carry out a survey on their identityInvestigation detain deadline, checking computation since the day of its identity, but do not stop the crime investigation. The criminal facts are clear, the evidence is, well, really can not be identified, also by the nameThe prosecution, trial.

[interpretation: increase the criminal suspect does not tell his true name, address, the identity is unidentified, shall be investigated for their identity]

Article 159thIn the case of investigation, lawyers request, the investigation organ shall listen to the opinions of counsel, and record. Defense lawyers put forward written opinions, shall be attached.

[interpretation: add the investigation organ shall listen to the opinions of counsel opinions and recorded, written opinions shall be attached to the]

Article 160th The public security organ shall be the end of the investigation, the criminal facts are clear, evidence really, fully, and write the prosecution of submissions, together with the case file and evidence, to the people's procuratorate together with the review decision;At the same time to transfer the case to inform the criminal suspects and their counsel.

[interpretation: new public security organs shall inform the case to the criminal suspects and their counsel, to avoid the criminal suspects and their counsel is unable to get the program status] case

Article 161st In the course of the investigation, found that a crime suspect should not be investigated for criminal responsibility, it shall revoke the case; if the criminal suspect is under arrest, he shall be released immediately, issued a release certificate, and notify the people's procuratorate which originally approved the arrest.

In section eleventh, the people's Procuratorate investigation of cases directly accepted by the

Article 162nd Investigation of cases directly accepted by the people's Procuratorate to the provisions of this chapter shall apply.

Article 163rd In accordance with the law of the people's Procuratorate in a case directly acceptedArticle seventy-ninth, article eightiethFourth, the provisions of the fifth case, need to arrest, detention of criminal suspects, decisions made by the people's Procuratorate, shall be executed by a public security organ.

Article 164th the people's procuratorates custody in a case directly accepted by the people, 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: remove the need for arrest and the evidence is insufficient, can bail or residential surveillance shall, in other words, for the evidence is insufficient, also all must immediately release]

Article 165th The people's Procuratorate custody in a case directly accepted by the people, that need to be arrested, should be in theFourteenDays to decide. Under special circumstances, decided to arrest time may be extended by one toThe three day. The arrest is not necessary, he shall be released immediately; for further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

[interpretation: the procuratorate directly accept cases decided the time of arrest from10Day change into14Day, extend1-4Day change into1-3Japan, in other words, the procuratorate directly accept cases decided to arrest time usually14Days, special circumstances can be extended1-3Day. ]

Article 166th The people's Procuratorate has concluded its investigation of a case, it shall make prosecution, not to initiate a prosecution or to withdraw the case decision.

The third chapter to prosecute

Article 167th Where the need for public prosecution, shall be decided by the people's Procuratorate for examination and.

Article 168th When the people's Procuratorate to examine the case, must find out:

(a) if the facts of the crime, the plot is clear, the evidence is true, full, convict and the nature of the crime is correct;

(two) there is no omission crimes and other criminal responsibility shall be investigated;

(three) should not be investigated for criminal responsibility;

(four) there is no incidental civil action;

(five) the legality of the investigation activities.

Article 169th The people's Procuratorate for the public security organs for prosecution, shall make a decision within one month, major and complex cases, can be extended for half a month.

The people's Procuratorate for examination and prosecution, altered, review the calculation cases received date from the people's Procuratorate prosecution deadline after the change.

Article 170th The people's Procuratorate to examine the case, shall interrogate the criminal suspect, to listen toCounselThe victim, andAn agent ad litemOpinionAnd for the record. The defender, the victim and his litigation representative put forward written opinions, shall be attached.

[interpretation: the stage of review and prosecution should listen to the provisions of the defenders and agents ad litem, opinions and documented, increased the defenders and agents ad litem, the written opinion shall be attached to the]

Article 171st The people's Procuratorate to examine the case, may request the public security organ to provide the evidence necessary for trial in court; it may be the fifty-fourth article of this law to collect evidence by illegal methods, may require them to make explanations of the legitimacy of evidence collection.

The people's Procuratorate to examine the case, the need for supplementary investigation, the public security organ may be returned for supplementary investigation, or conduct the investigation itself.

For supplementary investigation cases, shall complete the supplementary investigation within one month. Supplementary investigation is limited to two times. Supplementary investigation is completed and transferred to the people's Procuratorate, the people's Procuratorate to calculate the time limit for examination and prosecution.

ForSecondarySupplementary investigation cases, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions of prosecution,ShouldDecide not to initiate a prosecution.

[interpretation: increase the exclusion of illegal evidence the prosecution stage is reflected in the review, increased the case legal non prosecution two supplementary investigation is still insufficient evidence]

Article 172nd The people's Procuratorate considers that the facts of the crime suspects have been ascertained, the evidence is reliable and sufficient, shall be investigated for criminal responsibility according to law, shall make a decision to prosecute, in accordance with the provisions for trial jurisdiction, to the people's court proceedings,And will the case file and evidence, to the people's court.

[interpretation: increase the procuratorate prosecution should be the material evidence to the court,]

Article 173rd The suspectNo criminal factsOne case, or the fifteenth article of this law, the people's Procuratorate shall make a decision not to initiate a prosecution.

For minor crimes, in accordance with the criminal law does not require punishment or be exempted from punishment, the people's Procuratorate may decide not to initiate a prosecution.

The people's Procuratorate decides not to prosecute cases, should the investigationAttachment, seizure, freezing property releaseAttachmentThe seizure, freezing. Not to be prosecuted person needs to be given administrative punishment, administrative punishment or need to confiscate the illegal income, the people's Procuratorate shall make suggestions, to the relevant competent authority for disposal. The competent authority shall timely notify the people's Procuratorate results.

[interpretation: clear suspects without criminal facts shall make a decision not to prosecute, more in line with the legislative intent of setting the review prosecution procedure]

Article 174th The decision not to initiate a prosecution, shall be announced publicly, and the decision not to prosecute book service is not to be prosecuted and his unit. If not being accused in custody shall be released immediately.

Article 175th For the public security organs for prosecution, the people's Procuratorate decides not to initiate prosecution, shall make the decision not to prosecute to the public security organ. The public security organ considers that the decision not to initiate a prosecution to be incorrect, it may request a reconsideration, and if the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review.

Article 176th For the case of the victim, decided not to prosecute, the people's Procuratorate shall make a decision not to initiate a prosecution in writing to the victim. If the victim can not, within seven days after receiving the written decision to the people's Procuratorate at the next higher level appeal, request prosecution. The people's Procuratorate shall notify the victim will review. If the people's Procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit to a people's court. The victim may also without complaint, directly to the people's court. The people's court has accepted the case, the people's Procuratorate shall submit the materials related to the case to the people's court.

Article 177th The people's Procuratorate in accordance with this LawArticle 173rdThe provisions of the second paragraph of decision not to prosecute, is not to be prosecuted if not, can seven days after receiving the written decision on the petition to the people's Procuratorate within. The people's Procuratorate shall make a decision of reexamination, notice is not to prosecute the person at the same time, the public security organ.