The original law

The new law

Article 121st the investigation organ shall appraisal conclusions will be used as evidence to inform the suspect, the victim. If the criminal suspect, the victim can apply, supplementary identification or re identification.

Article 121st 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.

Section eighth of technical investigation

Section eighth of technical investigation

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.

Section ninth investigation

Section tenth investigation

Article 128th in the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 124th recalculation investigation detain deadline since the day of discovery.

The suspect does not tell his true name, address, the identity is unidentified, investigation detain deadline checking computation since the day of its identity, but do not stop the crime investigation. If the facts of a crime are clear, the evidence is reliable and sufficient, can also according to the name to the people's Procuratorate for examination and prosecution.

Article 158thIn the period of investigation, found the suspect another major crimes, since that date in accordance with the provisions of this LawArticle 154thShall 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.

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

129th cases of public security organs investigative termination, shall be 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.

Article 160thThe 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.

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

The eleventh section of the people's Procuratorate directly directly accepted by a people's Procuratorate cases

Article 133rd 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. The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance.

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.

Article 134th the people's procuratorates custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within ten days. Under special circumstances, a decision to arrest time can be extended by one to four days. The arrest is not necessary, he shall be released immediately; 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 165thThe 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.

The third chapter to prosecute

The third chapter to prosecute

139th people's Procuratorate the case, shall interrogate the criminal suspect, to listen to the victims and criminal suspects, the entrusted people's opinion.

Article 170thThe 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.

Article 140th a people's Procuratorate for examination and case, may request the public security organ to provide the evidence necessary for trial in court.

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.

The case for supplementary investigation, the people's Procuratorate still believes that the evidence is insufficient, does not meet the prosecution condition, may decide not to initiate a prosecution.

Article 171stThe 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.

141st 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.

Article 172ndThe 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.

142nd suspects are one of the fifteenth article of the cases, 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 the case, it shall at the same time during the period of investigation, the lifting of the seizure, freezing and frozen property. 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.

Article 173rdThe 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.

The first day of public prosecution cases

The first day of public prosecution cases

Article 150th the case by the people's court for prosecution review, for the indictment with clear criminal facts and with the list of evidence, witness list and photocopies or photographs of major evidence, it shall decide the trial.

Article 181st the case by the people's court for prosecution review, with clear criminal facts in the indictment, trial shall be decided.

Article 151st the people's court has decided to open a court session, it shall proceed with the following work: (a) determine the members of the collegial panel; (two) the people's Procuratorate indictment copy in ten days before the opening on the defendant. If the defendant has not appointed a defender, inform the defendant may entrust a defender, or when necessary designate a lawyer who provides legal aid to defend; (three) the time hearing, in three days before the opening of notice of the people's procuratorates; (four) called the parties, notify the defenders, litigation agents, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of the public; (five) the trial of the case, the pre release, the name of the accused, time and location of the court session three days before opening of the court session.

These activities shall be entered in the records, by the judges and the court clerk signature.

Article 182ndThe people's court has decided to open a court session, it shall determine the members of the collegial panel, the people's Procuratorate indictment copy in ten days before the opening on the defendantAnd the defender.

In court, the judicial personnelYou can call the public prosecutor, the parties and the defender, agent ad litem, the challenge, the witness list, exclusion of illegal evidence and trial related problems, understand the situation, listen to the views of.

The people's court shall determine the date of the hearing, the hearing time, placeNoticeThe people's Procuratorate, summon the parties concerned, inform the defender, agent ad litem, witnesses, appraisers and translators, summons and notices or served in the three days before the opening of. The open trial, the defendant shall announce, name, time and location of the court session three days before opening of the court session.

These activities shall be entered in the records, by the judges and the court clerk signature.

Article 152ndThe people's Court of first instance shall be heard in public. But involving state secrets or personal privacy case, not a public hearing.

Above fourteen years of age under the age of sixteen cases involving crimes committed by minors, are not tried publicly. Above sixteen years of age under the age of eighteen cases involving crimes committed by minors, the general is not a public hearing.

For non public hearing of the case, shall not be heard in public reason announced in court.

Article 183rdThe people's Court of first instance shall be heard in public. But involving state secrets or personal privacy case, not a public hearing;Cases involving commercial secrets, the parties do not apply for an open trial, can not be heard in public.

No public hearing of the case, it shall not be heard in public reason announced in court.

Article 153rd the people's court in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution, but in accordance with the provisions of law 175th of the application of summary procedure, the people's Procuratorate may send no procurators to the court.

Article 184th the people's court in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court to support the public prosecution.

Article 187thThe public prosecutor, the defender, agent ad litem or on the testimony of witnesses have objections, and the testimony of witnesses have a significant impact on the sentencing, the people's court that the witness should testify in court, witnesses should appear in court.

The people's police crime witness its duty as a witness to testify in court, to the provisions of the preceding 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.

Article 188thThe notice of the people's court without justified reasons, the witness did not testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children.

The witness refusing to appear in court without proper reasons or refused to testify, reprimand him, if the circumstances are serious, shall be approved by the president, detained for ten days following. The person being punished refuses to accept the detention decision, may apply to a people's court at the next higher level for reconsideration. During the period of reconsideration execution does not stop.

Defense 157th prosecutors, who shall show the material evidence to the court for the parties to identify, for failing to appear in court, witness testimony, identification of the appraisal conclusion, records of inspection and the other as the evidence of the instrument, shall be read out in court. The judicial officers shall listen to the opinions of the public prosecutor, the defender, agent ad litem and opinions.

Article 190thThe public prosecutor, the defender should show the material evidence to the court, for the parties to identify, identification, identification of records of testimony of witnesses who are not present in courtOpinionRecords of inspection, and such other evidence as the documents, shall be read out in court. The judicial officers shall listen to the opinions of the public prosecutor, the defender, agent ad litem and opinions.

159th 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.

The court for the above application, shall make a decision whether to consent.

Article 192ndDuring 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. The court for the above application, shall make a decision whether to consent.

The public prosecutor, the parties and the defenders and agents ad litem, can have the expertise to apply to the court for notification of the court, put forward the views of expert opinion to identify person.

The court for the above application, shall make a decision whether to consent.

The second paragraph of the specialized knowledge appearing in court, the relevant provisions of applicable appraiser.

Article 160th with the permission of the presiding judge, the public prosecutor, the defender, agent ad litem and comments on the evidence and the case and may debate with each other. The judge declared after the end of the debate, the defendant shall have the right to present a final statement.

Process 193rd court, the conviction and sentencing, on the facts, evidence should be investigated, debate.

With the permission of the presiding judge, the public prosecutor, the defender, agent ad litem and comments on the evidence and the case and may debate with each other.

The judge declared after the end of the debate, the defendant shall have the right to present a final statement.

163rd declaratory judgment, are open to.

The court judgment, shall within five days of the judgment to the parties and the people's Procuratorate; regular declaratory judgment, shall be declared immediately after the verdict will be served to the parties and the people's procuratorate.

Article 196thUpon pronouncement of a judgment, will be open to the public.

The court judgment, shall within five days of the judgment to the parties and the people's Procuratorate; regular declaratory judgment, shall be declared immediately after the verdict will be served to the parties and the people's procuratorate.Judgment shall be delivered simultaneously to the defender, agent ad litem.

Article 164th the judgment shall be signed by the members of the collegial panel and the court clerk, and specify the time limit for appeal and the court of appeals.

Article 197thThe judgment shall be madeJudicial personnelAnd the clerk signature, and specify the time limit for appeal and the court of appeals.

165th during the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed: (a) need to summon new witnesses, obtain new material evidence, re examination or inspection; (two) the prosecutors found a public prosecution requires supplementary investigation, suggestion (three; because the parties apply for withdrawal) trial cannot proceed.

Article 198thDuring the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed: (a) need to summon new witnesses, obtain new material evidence, re examination or inspection; (two) the researchers found that the prosecution cases need supplementary investigation, suggestion;Three.BecauseApplication for withdrawalBut not on trial.

Article 200th in the trial process, any of the following circumstances, the case can not continue for a long time trial, may suspend the trial: (a) the defendant who is suffering from a serious disease, and can't appear in court; (two) the defendant escape; (three) the private prosecutor who is suffering from a serious disease, unable to appear in court, did not entrust agents ad litem to appear in court; (four) due to irresistible.

Suspend disappear trial after the reasons, it shall resume the hearing. To suspend the trial period are not included in the trial period.

Article 168th the people's court shall accept the case of public prosecution, within one month after the sentence, not later than one month and a half. The act of 126th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month.

The people's court to change under the jurisdiction of the case, from the day of receiving the people's court shall calculate the time limit after the change of play.

The people's Procuratorate for supplementary investigation cases, supplementary investigation is completed after the transfer to the people's court, to the people's court shall calculate the time limit.

Article 202ndThe people's court shall, after accepting a case of public prosecutionIt's been two monthsWithin the sentence, not later thanThree months.For the death penalty cases or incidental civil litigation cases, andThere are 156th under one of the circumstances stipulated in this law, theThe people's court at a higher levelApproval, may be extendedThree monthsBecause ofSpecial circumstances need to extend, be approved by the Supreme People's court.

The people's court to change under the jurisdiction of the case, from the day of receiving the people's court shall calculate the time limit after the change of play.

The people's Procuratorate for supplementary investigation cases, supplementary investigation is completed after the transfer to the people's court, to the people's court shall calculate the time limit.

Section second cases of private prosecution

Section second cases of private prosecution

Article 172nd the people's court in a case of private prosecution, mediation may be conducted; private prosecution before a judgment is pronounced, can arrange a settlement with the defendant or withdraw his prosecution. The provisions of this law the third mediation is not suitable in 170th cases.

Article 206thThe people's court in a case of private prosecution, mediation may be conducted; private prosecution before a judgment is pronounced, can arrange a settlement with the defendant or withdraw his prosecution. This methodArticle 204thThe provisions of the third case does not apply mediation.

The people's court private prosecution deadline, the accused in custody, this Law shall apply to the first paragraph of article 202nd, paragraph second; not in custody, should be accepted within six months of sentencing.

The third section summary procedure

The third section summary procedure

Article 174th the people's court for the following cases, may apply summary procedure, tried by a single judge: (a) according to the law may be sentenced to three years in prison, detention, control, single punishment in cases of public prosecution of gold, the facts are clear, the evidence is sufficient, the people's Procuratorate suggests or agrees to apply summary procedure (; two) tell just processing of cases; (three) the victim charges have evidence to prove that they are minor criminal cases.

Article 208th The basic levelThe jurisdiction of a people's court case, in accordance with the following conditions, may apply summary procedure for trial:(a) the case facts are clear, the evidence is sufficient; (two) the accused confess their crimes, the facts of the crime accused no objection; (three) the defendant has no objection to the application of summary procedure.

The people's Procuratorate, the people's court apply summary procedure can be recommended.

Article 209th in any of the following circumstances, summary procedure shall not apply: (a) if 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; (two) have a significant social impact; (three) the common crime in the part of the defendants not guilty or has any objection to the application of summary procedure; (four) other summary procedure is not appropriate for the trial.

176th application of simple procedure in a case of private prosecution, read out the bill of prosecution, with permission of the judges, the defendant and his counsel may debate with the private prosecutor and his agents ad litem.

Article 212ndSummary procedure applies to the trial of cases,With the permission of the judicial personnelThe defendant and his counsel, can be the sameProsecution, the prosecutor and his agents ad litem debate.

The trial of the case 177th applies the simple procedure, not subject to the first section of this chapter on the interrogation of a defendant, questioning the witnesses, authenticators, show under the court debate procedure evidence, limitation. However, before the judgment is pronounced, listen to the final statement of the defendant shall be.

Article 213rdSummary procedure applies to the trial of cases, not subject to the first section of this chapter on theDelivery period, interrogate the defendant, questioning the witnesses, authenticators, show under the court debate procedure evidence, limitation. However, before the judgment is pronounced, listen to the final statement of the defendant shall be.

The trial of the case 178th applies the summary procedure, the people's court shall be concluded within twenty days after receiving.

Article 214thSummary procedure applies to the trial of cases, the people's court shall conclude the trial of the case within twenty days after receiving;Are to be sentenced to more than three years on may be sentenced, can be extended to one and a half months.

The third chapter to the procedure of second instance

The third chapter to the procedure of second instance

Article 187th the people's Court of second instance cases on appeal, shall form a collegial panel, trial. A collegial panel after scoring, interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions, the facts are clear, can not hearing. Case protested by a people's Procuratorate, the people's Court of second instance shall open the court session.

The people's Court of second instance court hearing a case of appeal or protest, to the case or the place of the trial court.

Article 223rdThe people's Court of second instance to the following cases, shall form a collegial panel, trial:(a) the defendant, private prosecutor and his legal representatives on the first instance of facts, evidence objection, may affect the appeal the conviction and sentencing; (two) cases of appeal against the defendants were sentenced to death; (three) case protested by a people's Procuratorate; (four) other when open a court session.

The people's Court of second instance decided not to hold a hearing, it shall interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions.

The people's Court of second instance court hearing a case of appeal or protest, to the case or the place of the trial court.

Article 188th the people's Procuratorate public prosecution case protested by a people's Court of second instance court or the people's Procuratorate at the same level, shall send personnel to the court. The people's Court of second instance shall be ten days before opening of the court session, notify the people's Procuratorate to examine the case files.

Article 224thThe people's Procuratorate public prosecution case protested by a people's Court of second instance court or the people's Procuratorate at the same level, should be to send representatives to attend the court. The people's Court of second instance shall, inAfter hearing the decisionTimely notify the people's Procuratorate to examine the case files.The people's Procuratorate shall consult the completed within one month. The people's Procuratorate to examine the case of time not included in the trial period.

Article 189th the people's Court of second instance cases protested by the judgment of the first instance, the appeal may, after hearing, shall handle it according to the following circumstances: (a) the original judgment facts and the applicable law is correct, appropriate sentencing, should the court rejected the appeal or anti appeal, upheld the original ruling; (two) no error in the determination of facts however, the applicable law is wrong, or inappropriate, and shall be amended; (three) the original judgment facts are not clear or the evidence is insufficient, can be changed after ascertaining the facts; or it may rescind the original judgment, the people's court to trial a postback.

Article 225thThe people's Court of second instance cases protested by the judgment of the first instance, the appeal may, after hearing, shall handle it according to the following circumstances: (a) the original judgment facts and the applicable law is correct, appropriate sentencing, it shall dismiss the appeal or protest, upheld; (two) the original judgment no error in the determination of facts, but the application the law is wrong, or inappropriate, and shall be amended; (three) the original judgment facts are not clear or the evidence is insufficient, can be changed after ascertaining the facts; or it may rescind the original judgment, remanded by the people's court re trial.

The people's court ruling in accordance with the provisions of the third items of the case remanded, the defendant appealed or protested by the people's Procuratorate, the people's Court of second instance shall make a judgment or ruling according to law, shall not be remanded by the people's court for retrial.

Article 190th the people's Court of second instance trial the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant.

The people's Procuratorate or the private prosecutor appeal, not subject to the provisions of the preceding paragraph.

Article 226thThe people's Court of second instance trial the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant.The people's Court of second instance remanded by the people's court to the trial of the case, in addition to the new facts of the crime, the people's Procuratorate for supplementary outside the lawsuit, the people's court shall not increase the criminal punishment on the defendant.

The people's Procuratorate or the private prosecutor appeal, not subject to the provisions of the preceding paragraph.

Article 196th the people's Court of second instance accepting a case of appeal or protest, it shall conclude the trial of the case within one month, not later than one month and a half. The act of 126th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month, but the Supreme People's court accepts a case of appeal or protest, decided by the Supreme People's court.

Article 232ndThe people's Court of second instance accepting a case of appeal or protest, should be in theIt's been two monthsConclude the trial of the case within. ForThe death penalty cases or incidental civil litigation casesThis law, as well as theArticle 156thUnder any of the circumstances prescribed by the province, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, can be extendedIt's been two months;Because of special circumstances need to extend, be approved by the Supreme People's court.

The Supreme People's court appeal, appeal trial period, decided by the Supreme People's court.

Article 198th the public security organs, people's Procuratorate and the people's court for property and interests of criminal suspects and defendants, seizure, freezing, shall be properly kept, for verification. Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state.

To use as evidence of the material shall be transferred together with the case, to be transferred, it shall be lists, photos and other documents of certification with the case.

After the people's Court of the verdict, the stolen money was seized, frozen and its fruits, besides, to be returned to the victim shall be confiscated, turned over to the state treasury.

Proceeds of crime judicial personnel corruption, misappropriation or privately processing was seized, frozen and the fruits thereof, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions.

Article 234Th the public security organs, people's Procuratorate and the people's court toAttachment, seizure, criminal suspects, defendants freezing of property and the fruits thereof, shall be properly kept, for verification,And make the list, with the case.Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state.

To use as evidence of the material shall be transferred together with the case, to be transferred, it shall be lists, photos and other documents of certification with the case.

Judgment rendered by the people's court shall, properties and interests on attachment, seizure, freezing treatment.

After the people's court verdict,The relevant authorities shall be carried out according to the properties and interests of attachment, seizure, freezing of the judgment.YesAttachment, seizure, freezing of the stolen money and interests, in addition to those that are returned to the victim,Be turned in to the state treasury.

The judicial personnel embezzles, misappropriates or privately processingAttachment, seizure, freezing the property and the fruits thereof, shall be investigated for criminal responsibility; does not constitute a crime, shall be given sanctions.

The fourth chapter is the review procedure of death penalty

The fourth chapter is the review procedure of death penalty

Article 239th the Supreme People's court shall make a review of death penalty cases, approved or not approved the death penalty verdict. For not to approve of the death penalty, the Supreme People's court may remand the case for retrial or reheard.

The 240th Supreme Court review of death penalty cases, it shall interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer.

In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate, the death penalty review results.

The fifth chapter is the procedure for trial supervision

The fifth chapter is the procedure for trial supervision

Article 206th the people's court in accordance with the procedure for trial supervision to the trial of the case, form a new collegial panel of. If it was a case of first instance, shall be carried out in accordance with the procedure of first instance trial, judgment, ruling, can appeal, appeal; if it was a case of first instance shall be tried, the superior people's court case, should be in accordance with the procedure of second instance trial, judgment, ruling, is the final judgment, ruling.

Article 245th the people's court in accordance with the procedure for trial supervision to the trial of the case by the people's court, the trial, shall form a new collegial panel of. If it was a case of first instance, shall be carried out in accordance with the procedure of first instance trial, judgment, ruling, can appeal, appeal; if it was a case of first instance shall be tried, the superior people's court case, should be in accordance with the procedure of second instance trial, judgment, ruling, is the final judgment, ruling.

The people's Court of retrial cases, the people's Procuratorate at the same level shall send representatives to attend the court.

The 246th people's court retrial cases, need to take compulsory measures against the defendant, the people's court shall be decided by the people's Procuratorate protest; retrial cases, need to take compulsory measures against the defendant, decided by the people's procuratorate.

The people's court in accordance with the procedure for trial supervision may decide to suspend the trial of the case, the original judgment, the execution of the ruling.

Article 213rd criminal is handed over for execution of the sentence, the people's court shall be executed by the relevant legal documents to a prison or other executing organ.

Who is sentenced to death with two years reprieve, life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. For was sentenced to criminal punishment, was executed, the remaining term of his sentence in the following year, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ.

For juvenile delinquents shall be the execution of criminal punishments on juvenile delinquents.

An executing organ shall take custody of criminal in time, and notify the family members of the criminal.

Sentenced to prison, criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.

Article 253rdThe criminal was delivered to the execution of the sentence, shall be made by the people's court delivered executionIn the ten days after the entry into force of the decisionThe relevant legal documents toPolice, a prison or other executing organ.

Sentenced to two year stay of execution, shall be sentenced to life imprisonment, the prison criminals, the public security organ shall be the criminals to prison for execution of the punishment. To be sentenced to criminal punishment, was executed, the remaining term of his sentence in theThree monthsFollowing, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ.

For juvenile delinquents shall be the execution of criminal punishments on juvenile delinquents.

An executing organ shall take custody of criminal in time, and notify the family members of the criminal.

Sentenced to prison, criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.

Article 214th for was sentenced to criminal detention or, in any of the following circumstances, can the temporary execution outside prison:

(a) have a serious need for medical treatment;

(two) pregnant or breast-feeding her baby.

To apply for medical treatment may be a danger to the society of criminals, or self injury self mutilation of criminals, not for medical treatment.

If a criminal is truly serious diseases, must be released for medical treatment, the hospital issued documents designated by the people's government at the provincial level, and in accordance with the procedures prescribed by law.

Findings were released on medical parole criminals do not meet the medical parole conditions, or seriously violates the relevant medical parole provisions, shall timely put in prison.

For sentenced to prison, detention, the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community criminals, can the temporary execution outside prison.

For the temporary execution outside Prison Criminals, performed by the residence of the public security organ, the executing organ shall on its strict management and supervision, the original unit grass-roots organization or the criminals to assist in supervision.

Article 254thTo be sentenced to criminal detention or, in any of the following circumstances, can the temporary execution outside prison:

(a) have a serious need for medical treatment;

(two) pregnant or breast-feeding her baby;

(three) the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community.

Sentenced to life imprisonment, with the provisions of the second case, can the temporary execution outside prison.

To apply for medical treatment may be a danger to the society of criminals, or self injury self mutilation of criminals, not for medical treatment.

The criminal is a serious disease, must be released for medical treatment,The hospital diagnosis and issue the documents designated by the people's government at the provincial level.

In the delivery of the temporary execution outside prison before the execution, the people's court executed; in the delivery of execution, the temporary execution outside prison written opinions put forward by prison or detention, approved by the provincial prison administration departments or districts of the city level public security organs.

Article 255th prison guards, the proposed temporary execution outside prison of the written opinions, shall send a copy of the written opinion of the people's procuratorate. The people's Procuratorate decided or approved by the authorities to put forward written opinions.

Article 215th approved the temporary execution outside prison organ shall send a copy of its decision on the approval of people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month written opinions to the approval of the temporary execution outside prison authorities, approval written opinions to the temporary execution outside prison authorities received the people's Procuratorate, shall immediately to reexamine its decision.

Article 256th A decision orApproved the temporary execution outside prison shall be temporary execution outside prison decided to sent to the people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, shall be the date of receipt of the notification within one month to submitA decision orApproved the temporary execution outside prison authorities,A decision orApproved the written opinions of the temporary execution outside prison authorities received the people's Procuratorate, shall immediately and re verification of the decision.

Article 216th the temporary execution outside prison after the disappearance of the circumstances, the criminal sentence is not full, it shall timely put in prison.

Prisoners died in the temporary execution outside prison period, it shall timely notify the prison.

Article 257th The temporary execution outside Prison Criminals, one of the following circumstances, should be promptly sent to prison:

(a) is found not to conform to the temporary execution outside prison conditions;

(two) a serious breach of the temporary execution outside prison supervision and management regulations;

(three) the temporary execution outside prison after the disappearance of the circumstances, the sentence is not full.

The decision of a people's court temporary execution outside prison criminals should be put in prison, decided by a people's court, the relevant legal documents to a public security organ, a prison or other executing organ.

Do not meet the conditions of the temporary execution outside prison 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.

Prisoners died in the temporary execution outside prison period, the executing organ shall timely notify the prisonOr detention.

Article 217th for was sentenced to probation criminals, by the public security organ to the unit or the basic level organization review.

For a parolee, during the probation period, the public security organ shall supervise.

Article 258th Sentenced to control, probation, parole or temporary execution outside Prison Criminals, shall be subject to community correction, community correction agencies responsible for the implementation of.

218th who is sentenced to control, deprivation of political rights of criminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the executing organ shall notify me, and to the masses concerned publicly announced deregulation or the restoration of political rights.

Article 259th sentenced toDeprivation of political rightsCriminals, executed by a public security organ. Upon completion of execution of the sentence, shall be the organ executing theWritten notice I units and organizations at the grassroots level, place of residence.

The 221st criminals in prison again commits a crime, or that the decision was not found guilty, the executing organ shall transfer to the people's Procuratorate handling.

Sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court for examination and decision.

Article 262ndThe criminals in prison again commits a crime, or that the decision was not found guilty, the executing organ shall transfer to the people's Procuratorate handling.

Sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during the period of execution shown true repentance or rendered meritorious service, should be in accordance with the law, commutation, parole, the executing organ shall put forward proposals, submitted to the people's court for examination and decision,And the proposal for the people's Procuratorate carbon copy. The people's procuratorates can put forward written opinions to the people's court.

Add a series, as the fifth series: "special procedures"

Add a chapter, as the fifth series of the first chapter:

The first chapter of juvenile procedure of criminal case

Article 266th for juvenile delinquency to implement education, probation, save policy, giving priority to education, supplemented by the principle of punishment.

The people's court, the people's procuratorates and the public security organs for minor criminal cases, should guarantee minors to exercise their litigation rights, protection of minors legal help, and undertaken by the judges, with minor physical and psychological characteristics of the prosecutors, investigators.

Article 267th of the juvenile criminal suspects, the accused does not entrust a defender, the people's court, the people's Procuratorate, the public security organ shall inform the legal aid institutions appointed a lawyer for the defence.

Article 268th the public security organs, people's Procuratorate, the people's court for minor criminal cases, according to the situation of the juvenile criminal suspects, defendants growth experience, the causes of crime, care and education investigation.

269th strict restrictions on the juvenile criminal suspects, defendants shall apply the arrest measure. The people's Procuratorate for examination and approval of arrest and the decision of the people's court shall interrogate arrests, juvenile criminal suspects, defendants, listen to the views of lawyers.

The detention, arrest and execution of the criminal punishment of minors and adults should be held, respectively, respectively, education management.

Article 270th for minor criminal cases, at the time of interrogation and trial, it shall notify the juvenile criminal suspects, the legal representative of the defendant at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives may also notify the juvenile criminal suspects, defendants, on behalf of the local schools, units, place of residence or juvenile protection organizations of the scene, and the relevant record. Present legal representative may exercise the juvenile criminal suspects, the defendant's litigation rights.

The present legal representative or other personnel that investigators violations of the legitimate rights of minors in the interrogation, trial, can give advice. The interrogation record, the court record shall be delivered to the present legal representative or other personnel to read or read to him.

Interrogation of female juvenile criminal suspects, there should be a female staff is present.

The trial of juvenile criminal cases, minor last statement by defendant, his legal representative may be supplementary statement.

Ask the underage victim, witness shall apply, first, second, third.

Article 271st for minors suspected of criminal law the fourth chapter, the fifth chapter, the sixth chapter provisions of the crime, may be sentenced to the penalty for a year, in line with the conditions for prosecution, but there is repentance, the people's Procuratorate may decide not to prosecute the conditional decision. The people's Procuratorate before making a decision of conditional non prosecution, the victim shall listen to the views of the public security organ.

No prosecution for conditional decision, the public security organ for reconsideration, the victim for review or appeal, this Law shall apply to Article 175th, article 176th.

The juvenile criminal suspects and their legal representatives shall decide on the people's Procuratorate of the non prosecution of additional conditions have objection, the people's Procuratorate shall make a decision of prosecution.

272nd not to prosecute in conditional test period, the conditional non prosecution of the minor suspects of supervision by the people's procuratorate. The guardian of the juvenile suspects, should strengthen the discipline to the juvenile criminal suspects, with the people's Procuratorate to the supervision and inspection work.

The non prosecution of additional conditions test for a period of six months or more for less than a year, the calculation of conditional non prosecution decision from the people's Procuratorate date.

Is the conditional non prosecution of the minor criminal suspects, shall comply with the following provisions:

(a) to abide by the laws and regulations, submit to supervision;

(two) reporting his activities in accordance with the provisions of the observing organ;

(three) leave live in city, county, or relocating, organ for approval before;

(four) received correction and education in accordance with the requirements of the observing organ.

The 273rd is the conditional non prosecution of the minor criminal suspects, one of the following circumstances in the test period, the people's Procuratorate shall revoke the decision of conditional non prosecution, prosecution:

(a) the implementation of the new crime or the discovery of decided to non prosecution of additional conditions before other crimes prosecution;

(two) in violation of public security administration regulations or provisions on the supervision and administration of the inspection authorities relating to the non prosecution of additional conditions, if the circumstances are serious.

Is the conditional non prosecution of the minor criminal suspects, no such situation in the test period, the test period, the people's Procuratorate shall make a decision not to initiate a prosecution.

The defendant when the 274th trial under the age of eighteen cases, not a public hearing. However, with the consent of the juvenile defendant or his legal representative, the juvenile defendant's school and the minors protecting organizations can be represented at.

When the 275th crimes under the age of eighteen, was sentenced to the punishment of five years, shall seal up the relevant criminal record.

Criminal records are sealed, not to any units and individuals, but the judicial organ for handling the need or the relevant units according to the provisions of the state for query except. Query units according to law, shall be sealed criminal record be kept confidential.

Article 276th for minor criminal cases, unless otherwise stipulated in this chapter have, in accordance with the other provisions of this law.

Add a chapter, as the fifth parts with second chapters:

The second chapter mediation in cases of public prosecution procedure

Article 277th the following a case of public prosecution, criminal suspects, defendants sincere repentance, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle:

(a) caused by civil disputes, suspected of criminal law the fourth chapter, the fifth chapter stipulated crime, may be sentenced to three years in prison following the penalty;

(two) in addition to outside of the malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases.

The suspect, the defendant within five years had intentionally the crime, not the provisions of this chapter shall apply program.

Article 278th the parties reconciliation, the public security organs, people's Procuratorate, the people's court shall listen to the opinions of the parties and other relevant personnel to review comments, voluntary reconciliation, legitimacy, and presided over the production settlement agreement.

279th cases to reach a settlement agreement, the public security organ may make suggestions to the people's Procuratorate leniency. The people's Procuratorate may recommend lenient penalties to the people's court; for minor crimes, without penalty, may decide not to initiate a prosecution. The people's court may, according to law, the defendant lenient punishment.

Add a chapter, as the fifth parts with third chapters:

The third chapter of criminal suspects and defendants, escape, death cases of illegal gains confiscated program

Article 280th for the crime of embezzlement and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants wanted to escape, not in a year, or criminal suspects, defendants to death, in accordance with the criminal law shall be recovered and the illegal income and other related case of property, the people's Procuratorate can put forward to the confiscation of illegal income shall apply to the people's the court.

The public security organ considers that the circumstances as prescribed in the preceding paragraph, shall write the confiscation of illegal income opinions, to the people's procuratorate.

The confiscation of illegal income shall provide the relevant evidence materials application and the facts of the crime, the illegal income, and specify property types, number, location and attachment, seizure, freezing condition.

The people's court when necessary, seizure, seizure, freezing can apply for the confiscation of property.

Article 281st for the confiscation of illegal income, by the criminal suspect, the defendant or the place of residence of the intermediate people's court formed a collegiate bench trial.

The people's court shall confiscate the illegal income after the application, shall be issued a notice. The announcement during a period of six months. People near relatives or any other interested the suspect, the defendant has the right to apply to participate in the litigation, or may entrust an agent to participate in the proceedings proceedings.

The people's court at the expiry of the notice to the confiscation of illegal income for trial. The interested parties to participate in the proceedings, the people's court shall open the court session.

Article 282nd the people's court, to verify illegal income and other involved property, except to be returned to the victim, shall make a ruling shall be confiscated; does not belong to the property shall be recovered, the court shall apply, lifting attachment, seizure, freezing measures.

The people's court in accordance with the provisions of the preceding paragraph decision, near relatives or any other interested the suspect, the defendant or the people's procuratorate can appeal, appeal.

283rd during the trial, criminal suspects, defendants, surrendered or captured, the people's court shall terminate the trial.

Confiscation of criminal suspects, defendants property is wrong, he shall return, compensation.

Add a chapter, as the fifth parts with fourth chapters:

The mental patient fourth chapter shall not bear criminal responsibility of compulsory medical procedures

Article 284th the violence, endangers public security or serious harm to personal safety, the mental patient through legal procedures shall not bear criminal responsibility identification, continue to harm society possible, can be compulsory medical.

Article 285th compulsory treatment of mental patients according to the provisions of this chapter shall be decided by the people's court.

Public security organs found mental patients comply with the compulsory medical conditions, should write compulsory medical opinion, to the people's procuratorate. For mental patients in the process of review and prosecution was transferred by the public security organ or in accordance with compulsory medical conditions, the people's Procuratorate shall forward the application to the people's court for compulsory medical. The people's court in the case was found during the defendant comply with the compulsory medical conditions, can make the compulsory medical decisions.

The mental patient to violence, in the decision of a people's court compulsory medical treatment, the public security organ may take protective measures to restrain the temporary.

Article 286th the people's court for compulsory treatment application, shall form a collegial panel to conduct the trial.

The people's court compulsory medical case, it shall notify the applicant or the legal representative of the defendant at. The applicant or the accused does not entrust agents ad litem, the people's court shall inform the legal aid institutions to appoint a lawyer for legal assistance.

Article 287th the people's court, for the respondent or defendant comply with the compulsory medical conditions, should be made compulsory medical treatment within one month of the decision.

Decided by the compulsory medical person, the victim or his legal representative, close relative refuses to accept the compulsory medical decision, may apply to a people's court at the next higher level for reconsideration.

Article 288th compulsory medical institution shall regularly to be compulsory medical person for diagnostic assessment. To have nothing to do with the personal danger, no need to compulsory medical treatment, shall timely termination of opinion, reportedly decided to the approval of the people's court for compulsory treatment.

Be forced to medical men and their near relatives shall have the right to apply for cancellation of the compulsory medical.

Article 289th a people's Procuratorate decides and execution of compulsory medical supervision.

One hundred and elevenNumber of provisions, reference ninety-ninth, 126th, 127th, 132nd, 146th, 166th, 171st, 192nd, 193rd in phase should be adjusted according to this decision.

The criminal procedure law and the provisions of the relevant sections of the serial number be adjusted according to this decision.

This decision shall be implemented as of January 1, 2013.

"Criminal Procedure Law of the people's Republic of China" shall be amended according to this decision, and be re promulgated.