The Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, the Ministry of justice, Law Committee of the NPC Standing Committee on the implementation of the provisions of the Criminal Procedure Law

    Wang Naidi lawyers note:These Provisions shall go into effect as of January 1, 2013.

 

A, jurisdiction

1PoliceThe investigation of criminal cases involving corruption and bribery cases under the jurisdiction of the people's Procuratorate, shall be transferred to the people's Procuratorate of corruption and bribery; the people's Procuratorate investigation of embezzlement and bribery cases involving the jurisdiction of the public security organ in criminal cases, shall belong to the jurisdiction of the public security organ in criminal cases transferred to public security organs. In all the above cases, if the alleged main crime belongs to the jurisdiction of the public security organs, by the public security organs based investigation, people's Procuratorate cooperate; if the people's Procuratorate on suspicion of the crime belongs to the jurisdiction of a people's Procuratorate, the main investigation, the public security organs to be with.

2Criminal Procedure LawArticle twenty-fourth provides that: "the criminal cases shall be under the jurisdiction of the people's court to the crime." The law of criminal procedure "crimes", including the crime occurred and the place of result.

3 any of the following circumstances, the people's court, the people's Procuratorate, the public security organ may be within the scope of their respective duties and case processing:

(a) a person commits several crimes;

(two) the common crime;

(three) the common crime suspects,DefendantAlso the implementation of other crimes;

(four) are connected with more than one suspect, the defendant committed a crime, and case processing will help to find the facts of the case.

Two, defence and representation

4 people's court, people's Procuratorate, the public security organ, the state security organs, prisons in-service personnel, people's jury, a foreigner or stateless person, and to have an interest in the case of people, not asCounsel. However, the personnel department of criminal suspects and defendants, guardians or relatives, criminal suspects, defendants commissioned as a defender, permit. Incompetence or limited capacity, shall not serve as defenders.

A lawyer shall not be more than two co criminal suspects, defendants, shall not be more than two not co processing but the implementation crime related criminal suspects, the accused.

5 thirty-fourth criminal law, article 267th, article 286th of legal assistance provided. The people's court, the people's Procuratorate, the public security organ in accordance with the above provisions, inform the legal aid institutions assign lawyers to defend or legal aid, legal aid agencies should be in receipt of notice within three days after the assignment of counsel, and the lawyer's name, unit, a contact type written Notice of the people's court, the people's Procuratorate, the public security organ.

6 thirty-sixth of the criminal procedural law stipulates: "the defense lawyers 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 cases, put forward its opinions." According to the above provisions, defense counsel in the investigation period can be understood from the investigation organ main facts of the crime suspected of and then ascertained the crime, criminal suspects were taken, change, cancellation of the compulsory measures situation, the investigation organ to extend the investigation detain deadline etc..

7 law of criminal procedure thirty-seventh provisions of the second paragraph: "defense lawyer to 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 promptly arrange meetings, no later than forty-eight hours." According to the above provisions, the defense lawyer asked to meet with the criminal suspect, the defendant in custody, detention house shall arrange the meeting,Ensure that defense lawyers inSee forty-eight hoursThe suspect, the defendant.

8 Law of criminal procedure forty-first the provisions of the first paragraph: "defense lawyer 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." The attorney for the defense apply to the people's Procuratorate, the people's court collecting and obtaining of evidence, the people's Procuratorate, the people's court considers it necessary to investigate the evidence, shall be made by the people's Procuratorate, the people's court for the collection and obtaining of evidence, shall not issue permits book decided to investigate to the lawyer, lawyer, obtain evidence collection.

The provisions of the 9 criminal procedure law article forty-second paragraph second: "in violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law, defendants suspected of a crime, the case shall be undertaken by outside counsel for the investigating authority." According to the above provisions, the people's Procuratorate, public security organ that defendants suspected of a crime, or accept the report, complaint, report, the relevant organs of the transfer, in accordance with theThe investigation jurisdictionAfter a review of the division of labor conditions, shall be undertaken for the defense case investigation organ at the next higher level of the investigation organ designated other investigation organ for investigation, or from the level of the investigation organ for investigation. The investigation organ shall not be designated to handle the junior defenders case undertaking the investigation organ for investigation.

10 forty-seventh of the criminal procedural law stipulates: "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." The people's Procuratorate accepts the defenders and agents ad litem, appeal or accusation, shall within ten days to appeal or accusation advocates, will handle the reply in writing litigation agent.

Three, evidence

11 law of criminal procedure fifty-sixth the provisions of the first paragraph: "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 court by the relevant clues to Party and the defender, agent ad litem or material review, that there may be fifty-fourth criminal law provisions to illegal methods to collect evidence, shall be the court investigation evidence collection of legitimacy. The court order is determined by the court according to the trial of the case.

12 criminal law the sixty-second regulation, the witness,Jian DingrenThe victim can take, "not open real name, address and work units and other personal information" protection measures. The people's court, the people's procuratorates and the public security organs shall decide not to open the witnesses and expert witnesses, the victim's real name, address and work units and other personal information, can be in the judgment, ruling, the indictment, record of inquiry and other legal instruments, the evidential materials use names instead of the witnesses and expert witnesses, victims' personal information. However, it should be a written explanation use alias situation and marked level, single volume. Defense lawyers with the permission of the court, under the pseudonym of access of the witnesses and expert witnesses, victims, it shall sign a confidentiality undertaking.

Four, compulsory measures

The 13 were released on bail, residential surveillance of the suspect, the defendant without proper reason shall not leave live in city, county, or the implementation of residential surveillance place, there is a justifiable reason to leave live in city, county, or the implementation of residential surveillance shall be subject to the approval of the organ executing the premises. If the bail, residential surveillance is decided by the people's Procuratorate, the people's court, the executing organ in the approval of criminal suspects and defendants, leave live in city, county, or the implementation of residential surveillance place before, should seek the consent of the organ deciding.

14 of the bail surety or fulfill the warranty obligations, identified by the public security organs, the guarantor of the penalty decision, but also by the public security organs to make.

15 specifies the residence of surveillance of residence, shall not be required to pay under residential surveillance.

The provisions of the 16 criminal procedure law, detention is executed by the public security organs. The people's Procuratorate cases directly accepted by the people's Procuratorate detention decision, made, shall be served to the public security organs, the public security organ shall be executed immediately, the people's Procuratorate may assist the public security organs to perform.

17 for the people's Procuratorate approved the arrest, the public security organ shall be executed immediately, and will perform the receipt promptly to the people's Procuratorate approved the arrest. If it fails to perform, the people's Procuratorate shall return, and that the reason for failure of execution. The people's Procuratorate decides not to approve arrest, the public security organ in receiving not approved the arrest of the written decision, should immediately release the criminal suspect in custody or alteration of the compulsory measures, and will perform the receipt after receiving not to approve arrest decision after the three days without the approval of the people's Procuratorate to make decision of arrest.

Five, registration

18 111st of the criminal procedural law stipulates: "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." According to the above provisions, the public security organs to receive the people's Procuratorate requirements that the reasons for not filing the case after the notice, shall within seven days will explain the situation to the people's Procuratorate written reply. The people's Procuratorate considers that the reasons for not filing the case cannot be established by public security organs, notice registration book, it shall transfer the relevant certificate shall file the case materials and transferred to public security organs. The public security organs filed after the notification is received, shall decide within fifteen days on file, and the decision in writing to the people's Procuratorate filed.

Six, investigation

19 law of criminal procedure 121st the provisions of the first paragraph: "when the investigators 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." The investigators were the audio or video recording of interrogation, it shall be indicated in the transcripts of interrogation. The people's Procuratorate, the people's court may according to need to be interrogating a criminal suspect or video recording, the relevant authorities shall provide.

20 law of criminal procedure 149th states: "the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects." Adopt the measures of technical investigation to collect materials used as evidence, legal documents, take the approval of technical investigation measure should be attached, the defense lawyer may lawfully consult, extract, copy, can to show to the court in the trial process.

21 the public security organ for extension of detention shall be in the custody of the case, seven days before the expiration, and written report specific reason to prolong the main period of custody case and extend the detention period, the people's Procuratorate shall make a decision in custody before the expiration of the term.

22 law of criminal procedure 158th the provisions of the first paragraph: "in the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 154th recalculation investigation detain deadline since the day of discovery." The public security organ in accordance with the above provisions to computational investigation detain deadline, does not need to be approved by the people's Procuratorate, but shall be reported to the people's Procuratorate put on record, the people's Procuratorate to supervise.

Seven, the prosecution

23 superior public security organs in the designated public security organ at a lower level to the case on file for investigation, arrests, the public security organ for approval by the investigation of the case at the same level people's Procuratorate for examination and prosecution; need, the public security organs by the investigation of the case to the people's Procuratorate for examination and prosecution.

The people's Procuratorate for examination and prosecution of the case, in accordance with the provisions of the jurisdiction of the criminal procedure law, believes that there should be a superior people's Procuratorate or the other people's Procuratorate prosecution, it shall transfer the case to the people's Procuratorate jurisdiction. The people's Procuratorate deems it necessary to specify in accordance with the provisions of the Criminal Procedure LawTrial jurisdictionThe people's courts at the same level, it should be for the designation of jurisdiction related matters.

24 people's Procuratorate to the public prosecution in a people's court, shall be the case materials and allThe evidence to theThe people's court, including the suspect, the defendant confession material witness changing testimony, material, and other evidence of criminal suspects and defendants, favorable.

Eight, the trial

25 181st of the criminal procedural law stipulates: "the people's court for prosecution review, with clear criminal facts in the indictment, trial shall be decided." The people's Procuratorate public prosecution, the people's court shall accept the case. The people's court for prosecution review, for the indictment with clear criminal facts and with the case file and evidence, the trial, shall decide, not to the material is not sufficient grounds without trial. If the people's Procuratorate for lack of materials in the material, the people's court shall notify the people's Procuratorate supplementary materials, the people's Procuratorate shall be delivered within three days from the date the notification is received.

The term review the case by the people's court for prosecution in a people's court trial period.

26 people's court hearing a case of public prosecution, court prosecutors and defenders need to show, read, play has been transferred to the people's court evidence, can apply for court, read, play.

27 thirty-ninth of the criminal procedural law stipulates: "the defender believes in the investigation, prosecution, public security organs, people's Procuratorate collected during the prove the criminal suspect, defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court." Specified in the first paragraph of article 191st: "during the court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence." Specified in the first paragraph of article 192nd: "during a court hearing, the parties and the defenders and agents ad litem, shall have the right to request new witnesses, obtain new material evidence, to apply for re identification or inspection." According to the above provisions, since the date of the case is transferred for examination before prosecution, the people's procuratorate according to the defender's application, evidence material to the public security organs take not to submit proof of criminal suspects, defendants not guilty. In the process of trial, the people's court according to the counsel of the application, to the people's Procuratorate take not to submit proof of the defendant not guilty evidence, material evidence can also be to the people's Procuratorate requires investigation and verification. Public security organs, people's Procuratorate shall request the obtaining of evidence materials within three days after the transfer receipt.

28 people's court to inform the witnesses, testimony of witness, shall at the same time, the appraiser notice to both parties, both parties shall cooperate.

29 law of criminal procedure 187th provisions of the third paragraph: "the public prosecutor, the parties concerned or the defenders and agents ad litem, the expert opinion has the objection, the people's court that his testimony necessary, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion shall not be taken as a basis." According to the above provisions, shall be the appraiser of the notified by the court not to testify in court, expert opinion shall not be taken as a basis. Identification of human due to irresistible causes or for other legitimate reasons can not appear in court, the people's court may hear the case decided to postpone the hearing according to the situation.

30 people's court heard the case of public prosecution, found a new fact, may affect the conviction, the people's Procuratorate may require supplementary prosecution or change the prosecution, the people's court may suggest that the people's Procuratorate for supplementary prosecution or change prosecution. The people's Court of the people's Procuratorate for supplementary prosecution recommendations or change the lawsuit, the people's Procuratorate shall reply within seven days.

31 the court, the defendant expose others to crime or provide important clues, the people's Procuratorate deems it necessary to verify, can be recommended for supplementary investigation.

32 203rd of the criminal procedural law stipulates: "the people's procuratorate finds that the people's court cases violating the legal procedure, have the right to put forward opinions to the people's court." The people's Procuratorate put forward rectification opinions on the violation of legal procedure of the court proceedings, shall be made by the people's Procuratorate in the trial after the.

Nine, the execution

The provisions of the 33 criminal procedure law of 254th in the fifth paragraph: "in the delivery of the temporary execution outside prison before the execution, the people's court delivered execution". If the defendant may be sentenced to criminal detention, fixed-term, life imprisonment, with the temporary execution outside prison conditions, the defendant and the defendant has the right to put forward the temporary execution outside prison to apply to the people's court, the people's court may be informed of the situation. The people's court shall review, and make it the temporary execution outside prison before the execution of decisions in the delivery.

34 law of criminal procedure 257th provisions of the third paragraph: "do not accord with the temporary execution outside prison conditions of the criminals through bribery and other illegal means by the temporary execution outside prison, during the execution of sentence outside prison shall not be included in the term of execution. The criminals in the temporary execution outside prison during the escape, escape is not included in the term during execution." The decision of a people's court the temporary execution outside prison criminals is the case, the people's court to prison in the decision at the same time, period shall be determined not included in the sentence. With the situation to determine the prison management organ or a public security organ the temporary execution outside Prison Criminals, the criminals were put in prison, the prison or detention house shall timely apply to the intermediate people's court shall not be included in the execution of sentence proposal, ruled by the people's Court of audit.

Correction of 35 has been determined and committed to prison with members of the community at large, the community correction agencies shall inform the public security organ immediately, by the public security organs shall be responsible for hunting.

Ten, the property

36 for the illegal income in accordance with the criminal law shall be recovered and the other involving property, except contraband goods to be returned to the victim and the destruction of property in accordance with the law, must be turned in to the state treasury. Attachment, seizure of the property, shall not be transferred according to law, the people's court to make effective judgment, ruling, the people's court attachment, seizure, seizure seizure shall be turned over to the state treasury, agency shall apply to the people's court to perform the receipt; frozen in the financial institutions of the illegal proceeds and other properties related to the people's court to make a judgment, that, after notification by the people's court, the relevant financial institutions turned over to the state treasury, relevant financial institutions shall apply to the people's court shall be sent to the executive.

The seizure, freezing of the bond, stock,The fund shareSuch property in the seizure, freezing period, the right to apply for the sale, the seizure, freezing authority for review, does not damage the interests of the state, the interests of victims, not the normal proceedings, and the validity of seizure, freezing draft, promissory note, check the soon to expire, can be legally sold or cash in the verdict, the price kept by the seizure, freezing organs, and inform the parties or their near relatives timely.

37 law of criminal procedure the first paragraph of article 142nd states: "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." According to the above provisions, the people's Procuratorate, the public security organs cannot deduct the deposit, remittance, bond, stock, fund and other property. For criminal suspects, defendants die, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, apply to criminal law fifth chapter third procedure, the people's Procuratorate to the people's court shall confiscate the illegal income for.

38 criminal suspects, defendants die, the existing evidence of the illegal income and other property are involved shall be confiscated, the people's Procuratorate, public security organ can be investigated. Public security organs, people's Procuratorate investigation, seizure, seizure, can be carried out in accordance with the query, frozen.

The people's court in the trial process, the defendant's death, shall decide to terminate the trial; defendants, shall make a ruling to suspend the trial. The people's Procuratorate shall confiscate the illegal income shall be put forward the application to the people's court.

39 for the people's court shall make a ruling to the confiscation of illegal income, near relatives or any other interested of criminal suspects and defendants, or the people's procuratorate can be in five days to appeal, appeal.

Eleven, other

40 147th of the criminal procedural law stipulates: "during the psychiatric appraisal on a criminal suspect shall not be included in the deadline." According to the above provisions, the criminal suspect, defendant in custody cases, in addition to psychiatric examination period of criminal suspects, defendants are not included in the deadline, other appraisal period should be included in the deadline. For the identification of a long time, the term is still not the end of the case, since the date of expiration of the period, should be on the custody of criminal suspects and defendants, coercive measures, to bail or residential surveillance.

The state security organs in accordance with the law, handle cases of crimes that endanger State security, the public security organ shall apply the relevant provisions in the.

These Provisions shall go into effect as of January 1, 2013. Released in January 19, 1998, "the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, the Ministry of justice, Law Committee of the NPC Standing Committee on the implementation of the criminal procedure law" shall be repealed simultaneously.

Supreme People's court

The Supreme People's Procuratorate

The Ministry of public security

The Ministry of state security

The Ministry of Justice

Law Committee of the NPC Standing Committee

December 26, 2012