The people's Republic of China criminal law amendment (Draft)

Http://www.npc.gov.cn/npc/xinwen/lfgz/2011-08/30/content_1668503.htm

 

One, delete the fourteenth section second.

 

Two, Twentieth shall be amended as: "the intermediate people's courts shall have jurisdiction over the following criminal cases of first instance:

"(a) cases endangering State security;

"(two) ordinary criminal cases punishable by life imprisonment, the death penalty;

"(three) criminal cases involving crimes committed by foreigners."

 

Three, thirty-third shall be amended as: "the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, has the right to entrust defenders. In the period of investigation, can only be entrusted lawyer. The investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, shall inform the criminal suspect has the right to entrust defenders. The people's Procuratorate after receiving the case transferred for examination before prosecution within three days, should inform the suspect has the right to entrust defenders.

 

"The accused has the right to entrust defenders at any time. The people's court after accepting a case of private prosecution, within three days, should inform the defendant has the right to entrust defenders.

"The defenders by criminal suspect, defendant after commissioning, it shall timely inform the cases handled by the judicial organs."

 

Four, thirty-fourth shall be amended as: "the suspect, the defendant due to economic difficulties counsel did not entrust, himself and his near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the.

 

"The suspect, the defendant is blind, deaf, dumb and not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.

 

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

 

Five, thirty-fifth shall be amended as: "the responsibility of a defender shall according to the facts and the law, materials and opinions put forward the suspect, the defendant not guilty, a mitigated punishment or exemption from criminal responsibility, criminal suspects, defendants, safeguard the litigation rights and other lawful rights and interests."

 

Six, one article is added as Article thirty-sixth,: "defense counsel in the investigation period can provide legal assistance for criminal suspects, represent appeal and accusation, may apply to the investigation organ about the crime suspect guilty and cases."

 

Seven, the thirty-sixth changed to two, as thirty-seventh, thirty-eighth, amended as:

 

"Thirty-seventh defense lawyers with the criminal suspect in custody, meet and correspond with the defendant. Other defenders, with permission of the people's court, the people's Procuratorate, may also with the criminal suspect in custody, meet and correspond with the defendant.

 

"Defense 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 arrange to meet, not later than forty-eight hours.

 

"The lawyer meets with the criminal suspect in custody, the defendant, can learn about the case, to provide legal consulting; since the case is transferred for examination before prosecution date, may apply to the criminal suspects and defendants, verify the relevant evidence. Defense lawyers met the suspect, the defendant is not to be monitored.

 

"The crime of endangering national security, terrorism crime cases, major bribery crime in the period of investigation, lawyers to meet with the criminal suspect, it shall obtain the permission of the investigation organ. For these cases, the investigation organ shall notify the.

 

"Defense lawyer with the criminal suspects, defendants met, communication, provisions of the first paragraph of this article, paragraph third, paragraph fourth.

 

"Thirty-eighth defense lawyers of the people's Procuratorate date, consult, extract, copying of the case material of the facts of the crime. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material."

 

Eight, one article is added as Article thirty-ninth,: "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, may apply to the people's Procuratorate, the people's court to obtain relevant evidence."

 

Nine, one article is added as Article fortieth,: "the defending suspects were collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients do not belong to the criminal responsibility of the evidence, it shall timely inform the public security organ, the people's procuratorate."

 

Ten, thirty-eighth to forty-second, the first paragraph is revised as follows: "defense or to any other person, shall help the criminal suspects, defendants to conceal, destroy or falsify evidence, or collusion, threatening, luring witnesses to give false testimony or conduct other acts of interference proceedings of the judicial organs."

 

Eleven, one article is added as Article forty-sixth: ", and information about the client lawyer known in practice, have the right to keep confidential. However, lawyers in the practice activities, aware of the client or other people, or are being implemented to endanger national security, public safety and serious endanger the personal safety of the crime, the judicial organ shall timely report to."

 

Twelve, the forty-second changed to forty-seventh, is amended as: "can be used to prove the material facts of the case, is evidence.

"Evidence includes:

"(a) material evidence, documentary evidence;

"(two) the testimony of a witness;

"(three) statement of the victim;

"(four) the suspect, the defendant confession and exculpation;

"(five) the expert opinion;

"(six), examination, inspection, identification of Investigative Experiment record;

"(seven) of audio-visual materials, electronic data.

"The evidence must be verified before it can be taken as a basis."

 

Thirteen, one article is added as article forty-eighth,: "the burden of proof the defendant guilty of the criminal prosecution shall be borne by the prosecutor, the defendant's burden guilty cases of private prosecution shall be borne by the private prosecutor in. But, except as otherwise stipulated by law."

 

Fourteen, the forty-third changed to forty-ninth, is amended as: "the judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and other illegal methods to collect evidence, no person shall be forced to prove himself to be guilty. Must ensure that all relevant to the case or to understand the citizen, has objectively and fully provides evidence of the conditions, except in special circumstances, and can absorb them to assist in the investigation."

 

Fifteen, the forty-fifth changed to fifty-first, one paragraph is added as the second paragraph: "material evidence, documentary evidence, material administrative organs collected in the process of administrative law enforcement, the judicial organs shall verify, can be used as evidence."

 

Sixteen, the forty-sixth changed to fifty-second, is amended as: "of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is reliable and sufficient, can the defendant is found guilty and sentenced to a criminal punishment.

 

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

"(a) the conviction and sentencing facts have evidence;

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

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

 

Seventeen, one article is added as article fifty-third, that: "the use of torture to extract confessions and other illegal methods to collect the suspect, defendant's confession and using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded. Violation of the provisions of the law collection of physical evidence, documentary evidence, seriously affecting judicial justice, the evidence should be excluded.

 

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

 

Eighteen, one article is added as article fifty-fourth,: "the people's Procuratorate received a report, complaint, report or the discovery of the illegal methods to collect evidence, shall conduct investigation and verification. To do to illegal methods to collect evidence situation, should put forward rectification opinions, when necessary, may suggest the investigation organ replacement of the people. For illegal methods to collect evidence, which constitutes a crime, shall be investigated for criminal responsibility according to law."

 

Nineteen, one article is added as Article fifty-fifth,: "the process of trial, the judges think that may exist in the fifty-third article of this law to collect evidence by illegal methods situation, should the court investigation evidence collection of legitimacy.

 

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

 

Twenty, one article is added as Article fifty-sixth,: "process in the legitimacy of the court investigation evidence collection of legitimacy, a people's Procuratorate to collect evidence to prove the.

 

"The people's court may notify the relevant investigation or other personnel to appear in court to explain the situation. The notice of investigation in accordance with the law, or other personnel shall appear in court. The investigation personnel or other personnel may request the court to explain the situation."

 

Twenty-one, one article is added as Article fifty-seventh,: "for after the court, that is to collect evidence by illegal methods, or there are serious doubts, to collect evidence by illegal means the possibility cannot be ruled out, the evidence shall be dealt with in accordance with the provisions of this article fifty-third."

 

Twenty-two, the forty-seventh changed to fifty-eighth, is amended as: "the testimony of witnesses in court by the public prosecutor, the victim and the defendant, the defenders both evidence and found later, can be used as a basis. The court witness has intentionally given false testimony or conceal evidence, shall be dealt with according to law."

 

Twenty-three, one article is added as Article sixty-first,: "for the crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, witnesses, victims when testifying in a lawsuit, himself or his close relatives of the personal safety to face the danger, the people's court, the people's procuratorates and the public security organs we should take the following one or multiple protective measures:

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

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

"(three) persons are prohibited from contacting witnesses, specific victims and their close relatives;

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

"(five) other necessary protective measures.

 

"Witnesses, victims believe that witness in lawsuit, himself or his close relatives and personal safety risk, can put forward to apply to the judicial organ protection."

 

Twenty-four, one article is added as Article sixty-second,: "witnesses had testified to fulfill the obligation and expenditure of transportation, accommodation, meals and other expenses and loss, should grant. The witness subsidies, included in the judiciary operation expenses, be guaranteed by the government.

"Work unit of the witness, the unit shall not deduct explicitly or implicitly wages, bonuses and other benefits."

 

Twenty-five, the fifty-first changed to sixty-fourth, is amended as: "the people's courts, the people's procuratorates and the public security organ for any of the following circumstances of criminal suspects, defendants, can bail:

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

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

"(three) detention period expires, the case has not yet completed, need to take recognizance measures.

"Bail shall be executed by a public security organ."

 

Twenty-six, the fifty-second changed to sixty-fifth, is amended as: "the criminal suspect in custody, the defendant and his legal representative, close relatives, the defender has the right to apply for alteration of the compulsory measures. Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval."

 

Twenty-seven, the fifty-fifth changed to sixty-eighth, is amended as: "the guarantor shall perform the following obligations:

"(a) supervision is the guarantee to comply with the provisions of article sixty-ninth of this law;

"(two) found that the guarantor may occur or has occurred in violation of this law the provisions of article sixty-ninth of the act, shall promptly report to the executing organ.

"The guarantee, in violation of this law the sixty-ninth regulation behavior, guaranteed party fails to perform the obligations of the guarantor guarantees, impose a fine, which constitutes a crime, shall be investigated for criminal responsibility according to law."

 

Twenty-eight, the fifty-sixth changed to three, as sixty-ninth, seventieth, seventy-first, amended as:

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

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

"(two) address, work units and contact information changes, in twenty-four hours ago report to the executing organ;

"(three) in the time to;

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

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

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

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

"(two) with no specific staff meeting or communication;

"(three) may not engage in certain activities;

"(four) will travel documents, documents, the executing organ preservation driving.

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

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

"It shall decide authority seventieth bail consider guarantees the litigation activities of the social risk, bail people, plot, nature of the case, may be sentenced to a punishment, is released on bail pending trial of economic situation, to ensure the payment in the amount of.

"Bail bond amount is determined, providing margin shall be deposited into the margin account executive specialized organs designated bank.

"Article seventy-first of criminal suspects, defendants on bail period did not violate the provisions of article sixty-ninth, when the end of the guarantor pending trial, by notice to remove the bail to the bank for the refund of deposit."

 

Twenty-nine, one article is added as article seventy-second,: "the people's court, the people's procuratorates and the public security organs in accordance with the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, to residential surveillance:

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

"(two) pregnant or breast-feeding her baby;

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

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

 

"In accordance with the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, or residential surveillance.

"Residential surveillance shall be executed by a public security organ."

 

Thirty, one article is added as article seventy-third,: "residential surveillance shall execute the criminal suspects, defendants in place; no fixed residence, can be specified in the residence of execution. For the alleged crimes against national security, terrorist crimes, major bribery, residence in the execution may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence execution. But, not specified in the place of custody, special case handling place execution.

 

"The specified home residential surveillance, in addition to not notice or suspected of crimes of endangering national security, terrorism crime, beyond notification would hinder the investigation situation may be, ought to residential surveillance and enforcement of the premises, in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people.

"The specified home residential surveillance, criminal suspects, defendants to entrust defenders, this Law shall apply to the thirty-third.

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

 

Thirty-one, one article is added as article seventy-fourth,: "specified period home residential surveillance shall be offset. Criminals sentenced to public surveillance, surveillance, the term is to be shortened by a day; sentenced to criminal detention, fixed-term, residential surveillance for two days to be shortened by one day."

 

Thirty-two, the fifty-seventh changed to seventy-fifth, is amended as: "by the criminal suspect, defendant residential surveillance shall observe the following provisions:

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

"(two) without the approval of the organ executing the communication or others may not be met;

"(three) in the time to;

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

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

"(six) the identity documents, travel documents, documents, the executing organ preservation driving.

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

 

Thirty-three, one article is added as article seventy-sixth,: "executive organ of criminal suspects, defendants, can adopt the electronic monitoring, not regular inspection monitoring method for monitoring compliance with the provisions of the residential surveillance; in the period of investigation, can monitor communication of criminal suspects."

 

Thirty-four, one article is added as article seventy-seventh,: "the public security organs for residential surveillance, the bail decision, it shall be executed immediately. Law enforcement officers to residential surveillance, the bail decision, not strictly enforced, delay the case handling, shall be investigated for responsibility according to law."

 

Thirty-five, the sixtieth changed to eightieth, is amended as: "to have evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance methods, is still not enough to prevent the danger to the society, should be arrested:

"(a) may implement the new crime;

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

"(three) may destroy, forgery, hiding evidence, witnesses or collusion of interference;

"(four) to the victims, informants, may take revenge against people of implementation;

"(five) may Dutch act or escape.

"To have evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or may be sentenced penalty above, once an intentional crime or unidentified suspects, the accused, should be arrested.

"Have been released on bail pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance shall, if the circumstances are serious, can be arrested."

 

Thirty-six, the sixty-fourth to the eighty-fourth, the second paragraph is revised as follows: "arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours. In addition to not notice or suspected of crimes of endangering national security, terrorism and other serious crimes, other than the notification would hinder the investigation situation may be, should give the reasons for detention and the place, in the detention within twenty-four hours after notification, the detainee's family."

 

Thirty-seven, the sixty-fifth changed to eighty-fifth, is amended as: "the public security organ for detainee shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate."

 

Thirty-eight, one article is added as article eighty-seventh, "review: People's Procuratorate approved the arrest, can ask the criminal suspect; in any of the following circumstances, it shall interrogate the criminal suspect:

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

"(two) the suspect asked prosecutors to statement;

"(three) the investigation may have serious illegal act.

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

 

Thirty-nine, the seventy-first to the ninety-second, the second paragraph is revised as follows: "after the arrest, it shall immediately be arrested for custody. In addition to not notice or suspected of crimes of endangering national security, terrorism and other serious crimes, other than the notification would hinder the investigation situation may be, should be arrested and custody premises, within twenty-four hours after the arrest, notify the family of the arrested person."

 

Forty, one article is added as article ninety-fourth,: "the suspect, the defendant was arrested, the people's Procuratorate shall still the necessity of the detention review. For the detention is not necessary, should be recommended to be released or alteration of the compulsory measures."

 

Forty-one, the seventy-fourth changed to ninety-sixth, is amended as: "the suspect, the defendant in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, the suspect, the defendant shall release the need to verify,; trial, to the crime the suspect, the defendant can bail or residential surveillance."

 

Forty-two, the seventy-fifth changed to ninety-seventh, is amended as: "the people's courts, the people's Procuratorate or public security organs to be taken of criminal suspects and defendants, compulsory measures shall release the statutory period expires, lifting bail, surveillance or coercive measures according to law. The suspect, the defendant or his legal representative, close relative or lawyer to the people's court, the people's Procuratorate or public security organs to take coercive measures to the statutory period expires, the right to request the lifting of compulsory measures."

 

Forty-three, the seventy-ninth changed to 101st, one paragraph is added as the fourth paragraph: ", the last day of the period for the holiday, the first day after the holiday for the expiration date. But during the criminal suspect, defendant or criminal in custody, should to the expiration date, shall not be extended because of the holidays."

 

Forty-four, one article is added as article 113rd,: "for the public security organ for investigation of the murder and other major cases, the people's Procuratorate may put forward opinions and suggestions on the investigation activities."

 

Forty-five, one article is added as article 114th,: "the parties and the defender, agent ad litem, interested party considers that the judicial organs and their staff in any of the following acts, infringe upon their legitimate rights and interests, the right to sue to the judicial organ to file a complaint or:

"(a) to take coercive measures the statutory time limit expires, not to be released, dissolution or change of compulsory measures;

"(two) shall refund the bail deposit not to return;

"(three), seizure, seizure of illegal raids, freezing and other investigative measures;

"(four) shall cancel the seizure, seizure, freezing not to release;

"(five) prevents the defenders and agents ad litem, shall perform their duties according to law.

"The admissibility of the complaint or accusation shall be timely treatment. To handle the appeal, can be to the same level or the people's Procuratorate at a higher level appeal. The people's Procuratorate shall timely examine the complaint, it may be necessary to carry out investigation to verify the relevant situation; for the case, be corrected according to law."

 

Forty-six, the ninety-first changed to 115th, one paragraph is added as the second paragraph: "in the future, the suspects were sent to detention center custody for questioning, investigators, should be in detention center."

 

Forty-seven, the ninety-second to the 116th, the second paragraph is revised as follows: "call, summon duration shall not exceed twelve hours; major case, complex, detention, arrest measures need to be taken, summons, subpoena duration shall not exceed twenty-four hours.

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

 

Forty-eight, the ninety-third changed to 117th, one paragraph is added as the second paragraph: "when, the investigators suspect, should the law to inform the suspect confess to leniency."

 

Forty-nine, one article is added as Article 120th, "the investigators: When interrogating a criminal suspect, can the audio or video recording of the interrogation process; may be sentenced to life imprisonment or death, shall carry out the sound recording or video recording of the interrogation process.

"Audio or video recordings shall be full, maintain integrity."

 

Fifty, cancel ninety-sixth.

 

Fifty-one, 105th to 129th, the first paragraph is revised as follows: "in order to determine the victim, criminal suspects, some characteristics of the injury or physiological condition, can check on the human body, can collect fingerprint, blood and other biological samples."

 

Fifty-two, the second part second chapter sixth section, 115th, 118th, 142nd, 158th, 198th in the "seizure" is amended as "attachment, seizure", "goods" to "property".

 

Fifty-three, the 114th changed to 138th, is amended as: "found in investigative activities may be used to prove the guilt or innocence of the criminal suspect's property and documents, shall be seized, seizure of property; irrelevant to a case, file, shall not be seized, seizure.

"For the seizure, seizure of property, documents, shall be properly kept or sealed up, shall not use, exchanged or damaged."

 

Fifty-four, the 120th changed to 144th, is amended as: "after verification, should write the appraisal opinions, and signature.

"Medical identification of personal injury controversial need to re identification or medical identification of mental illness, designated by the people's government at the provincial level hospital. After verification, it shall make a written expert opinion, and signed by the appraiser, a hospital official seal.

"Designated by the provincial people's government hospital, identification of the work in the second paragraph, shall be in accordance with the relevant provisions of the state judicial appraisal management executive.

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

 

Fifty-five, 121st, 157th in the "conclusion" is amended as "expert opinion".

 

Fifty-six, in the second part second chapter seventh section after the increase, as in section eighth:

"Section eighth investigation

"Article 147th 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 procuratorates 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.

 

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

 

"Technical investigation measures shall be executed by a public security organ.

 

"148th approval decisions should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. The decision of approval issued since the date is valid for 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.

 

"149th take the measures of technical investigation, should be strictly in accordance with the approved measures types, objects and for the implementation.

 

"The investigators for the state secrets, to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential, to take measures of technical investigation; the case had nothing to do with information and facts and materials, shall be destroyed without delay.

 

"Take 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.

 

"150th in order to find out the truth, when necessary, by the public security organ at the county level or above the person responsible for the decision, by specific personnel to carry out the secret investigation.

 

"The implementation of secret investigation, may induce others to crime, not methods may endanger public safety or serious personal danger.

 

"The illegal benefit drug product 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 151st in accordance with the provisions of this section to investigative measures collected materials can be used as evidence in criminal proceedings.

 

"For through the implementation of secret investigation to collect evidence, if the use of such evidence may endanger the personal safety of specific personnel, or may have other serious consequences, shall take not to expose the true identity of specific personnel protection measures, when necessary, by the judge in the court to verify evidence."

 

Fifty-seven, 128th to 157th, the first paragraph is revised as follows: "in the period of investigation, found the suspect another major crimes, with the approval of the investigation organ level, in accordance with the provisions of law 153rd re calculation of investigative detention period."

 

Fifty-eight, one article is added as Article 158th,: "the investigation organ in the case investigation before the end, can listen to the counsel's opinion, and indicate in the record. Defense lawyers put forward written opinions, shall be attached."

 

Fifty-nine, the 133rd changed to 163rd, is amended as: "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."

 

Sixty, the 134th changed to 164th, is amended as: "the people's procuratorates custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within fourteen days. Under special circumstances, a decision to arrest time can be extended by one to three 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."

 

Sixty-one, the 139th changed to 169th, is amended as: "the people's Procuratorate the case, shall interrogate the criminal suspect, to listen to the defender, the victim and his litigation representative opinions, and indicate in the record. The defender, the victim and his litigation representative put forward written opinions, shall be attached."

 

Sixty-two, the 141st changed to 171st, is amended as: "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, initiate a public prosecution to the people's court, and the case file and evidence, to the people's court."

 

Sixty-three, the 150th changed to 180th, is amended as: "the people's court for prosecution review, for the indictment with clear criminal facts and with the evidence, it shall decide the trial."

 

Sixty-four, the 151st changed to 181st, is amended as: "the 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 defendant. If the defendant has not appointed a defender, inform the defendant may entrust a defender, or to inform the legal aid institutions appoint lawyers to defend the.

 

"In the court before the trial personnel, can be called 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 in three days before the opening of the time, the place to summon the litigants, notify the people's Procuratorate, notify the defender, agent ad litem, witnesses, appraisers and translators. For the open trial case, shall announce the, name of the defendant, 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."

 

Sixty-five, the 152nd changed to 182nd, delete paragraph second.

 

Sixty-six, the 153rd changed to 183rd, is amended as: "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."

 

Sixty-seven, one article is added as article 186th,: "the testimony of a witness has a significant impact on the sentencing, and the public prosecution has objection, parties concerned or defender, agent ad litem, or the people's court that the witness should testify in court, witnesses should appear in court.

 

"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 of objections, or 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."

 

Sixty-eight, one article is added as Article 187th, "notice: after the people's court, the witness should appear in court as a witness. Witness no justification for not according to the notice of the people's court to testify in court, the people's court may enforce the court, but the defendant's spouse, parents, children.

 

"Refused to testify the witness without valid reasons to avoid court or court, 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.

 

"Testimony, apply the provisions of the preceding two paragraphs."

 

Sixty-nine, the 159th changed to 191st, one paragraph is added as the second paragraph: ", the public prosecutor, the parties and the defenders and agents ad litem, can have the expertise to apply to the court for an informed person to appear in court as a witness, expert opinion to the identification of the proposed opinions."

 

Seventy, the 160th changed to 192nd, is amended as: "with the permission of the presiding judge, the public prosecutor, the parties and the defenders and agents ad litem, can comment on the evidence, the case and conviction, sentencing 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."

 

Seventy-one, the 162nd changed to 194th, one paragraph is added as the second paragraph: ", the people's courts, treatment should be seized, seizure of property and fruits, frozen decisions."

 

Seventy-two, one article is added as article 199th,: "during the course of the trial, one of the following circumstances, the case can not continue for a long time trial, may suspend the trial:

"(a) the defendant, private prosecutor who is suffering from a serious disease, unable to appear in court;

"(two) the defendant escape;

"(three) due to irresistible.

"The disappearance reason to suspend the trial after the trial, should be restored. To suspend the trial period are not included in the trial period."

 

Seventy-three, 168th to 201st, the first paragraph is revised as follows: "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 155th 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, and may be extended for two months. Because of the special circumstances of the case also need to extend the trial period, the approval or decision by the Supreme People's court."

 

Seventy-four, the 174th changed to 207th, is amended as: "the jurisdiction of the basic people's court case, also meet the following conditions, the people's court may apply summary procedure for trial:

"(a) the case facts are clear, the evidence sufficient;

"(two) the accused confess their crimes, the indictment alleged criminal facts without objection;

"(three) the defendant has no objection to the application of summary procedure.

"The people's procuratorates in the prosecution, the people's court apply summary procedure can be recommended."

 

Seventy-five, one article is added as article 208th,: "in any of the following circumstances, does not apply summary procedure:

"(a) if the defendant is blind, deaf, dumb people;

"(two) have a significant social impact;

"(three) in a case of joint crime of the defendant not guilty or has any objection to the application of summary procedure;

"(four) other summary procedure is not appropriate for the trial."

 

Seventy-six, the 175th changed to 209th, is amended as: "the summary procedure applies to the trial of the case, may be sentenced to the punishment of three years, may be tried by a single judge; to be sentenced to three years in prison, the collegial panel shall be formed for the trial.

"Summary procedure applies to the trial of cases of public prosecution, the people's Procuratorate shall send representatives to attend the court."

 

Seventy-seven, one article is added as article 210th,: "summary procedure applies to the trial of cases, read out the bill of prosecution, adjudication personnel shall ask the defendant of the crime charged in the indictment the fact opinions; to inform the defendant law applies the summary procedure, to confirm whether the defendant agreed to hear the summary procedure applies."

 

Seventy-eight, the 176th changed to 211st, is amended as: "the summary procedure applies to the trial of the case, the defendant may make a statement and defense indictment alleged crime. With permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem."

 

Seventy-nine, the 177th changed to 212nd, is amended as: "the summary procedure applies to the trial of cases, not subject to the first section of this chapter on the deadline, 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."

 

Eighty, the 178th changed to 213rd, is amended as: "the summary procedure applies to the trial of the case, the people's court shall accept the case within twenty days after; for may be sentenced to three years in prison, can be extended to a month."

 

Eighty-one, 187th to 222nd, the first paragraph is revised as follows: "the 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 trial of facts, evidence of objection, the people's Court of second instance that 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) the people's Court of second instance shall hold a hearing that other cases.

"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."

 

Eighty-two, the 188th changed to 223rd, is amended as: "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 consult the files in the decision after hearing the timely notify the people's procuratorate. The people's Procuratorate shall check it up in twenty days. The people's Procuratorate to examine the case of time not included in the trial period."

 

Eighty-three, the 189th changed to 224th, one paragraph is added as the second paragraph: ", the people's court ruling in accordance with the provisions of the third items of the case remanded, defendants appeal or the people's Procuratorate, the people's Court of second instance after the trial, still believe that the facts are not clear or the evidence is insufficient, judgment shall be made according to law."

 

Eighty-four, the 196th changed to 231st, is amended as: "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 and a half months; the people's Court of second instance court of appeal, the appeal case, no later than two months. The act of 155th 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, and may be extended for two months, but the Supreme People's court accepts a case of appeal or protest, decided by the Supreme People's court. Because of the special circumstances of the case also need to extend the trial period, the approval or decision by the Supreme People's court."

 

Eighty-five, one article is added as article 238th,: "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 arraignment."

 

Eighty-six, one article is added as article 239th,: "the Supreme People's court review of death penalty cases, it shall interrogate the defendant, to listen to the opinions of the defender.

"In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court."

 

Eighty-seven, the 213rd changed to 250th, first paragraph, second paragraph is revised as follows: "criminal is handed over for execution of the sentence, the people's court shall be executed by the relevant legal documents to a public security organ, a prison or other executing organ.

 

"Who is sentenced to death with a reprieve of two years, are to be sentenced to life imprisonment, criminal, 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 three months, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ."

 

Eighty-eight, the 214th changed to 251st, is amended as: "to 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.

"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 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."

 

Eighty-nine, one article is added as article 252nd,: "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."

 

Ninety, the 216th changed to 254th, is amended as: "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 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.

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

 

Ninety-one, the 217th changed to 255th, is amended as: "who is 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."

 

Ninety-two, the 218th changed to 256th, is amended as: "to be sentenced to 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 the resumption of political rights."

 

Ninety-three, the 221st to the 259th, the second paragraph is revised as follows: "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, the people's Procuratorate carbon copy. The people's procuratorates can put forward written opinions to the people's court."

 

Ninety-four, a fifth increase, as: "the special procedure".

 

Ninety-five, add a chapter, as the fifth series of the first chapter:

"The first chapter of juvenile delinquency proceedings

"263rd of the juvenile delinquency, the implementation of education, probation, save policy, giving priority to education, supplemented by the principle of punishment.

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

"264th 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 265th for the juvenile criminal suspects, defendants, should strictly limit the application of arrest. The people's court decision of arrest and the people's procuratorates examination and approval of the arrest, it shall interrogate juvenile criminal suspects, defendants.

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

"Article 266th for minor crimes, at the time of interrogation and trial, it shall notify the suspect, the defendant's legal agent at. Unable to inform, legal agent cannot be present or legal representative is the accomplice, other adult relatives can also inform the suspect, the defendant, on behalf of the school, unit or place of residence of the village committee, residents' committees, the minors protecting organizations of the scene, and relevant information shall be marked in the transcripts of interrogation. Present legal representative may exercise the criminal suspect, 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 crime, juvenile last statement by defendant, his legal representative may be supplementary statement.

"Asked the underage victim, witness shall apply, first, second, third.

"Article 267th 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.

"The minor 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.

"268th not to prosecute in conditional test period, the conditional not to prosecute suspects for supervision by the people's procuratorate. The suspect's guardian, shall strengthen the discipline of 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.

"Conditional not to prosecute the crime suspect, shall comply with the following provisions:

"(a) to abide by the laws, administrative 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) to receive education in accordance with the requirements for the observing organ.

"Article 269th the criminal suspect is the non prosecution of additional conditions, found in any of the following circumstances during the test period, the people's Procuratorate shall revoke the decision of conditional non prosecution, prosecution:

"(a) the implementation of the new crime or that the non prosecution of additional conditions before other crime prosecution;

"(two) in violation of public security management 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.

"Be conditional non prosecution of 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 270th trial of cases under eighteen years of age, not a public hearing.

"271st in the court investigation, the people's court shall for the upbringing of the juvenile defendant, the causes of crime, the education transformation conditions were know.

"272nd crimes under the age of eighteen, was sentenced to the punishment of five years, the judicial organs and the relevant departments 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 laws and regulations for query except. Query units according to law, shall be sealed criminal record be kept confidential.

"273rd handling juvenile crime, unless otherwise stipulated in this chapter, in accordance with the other provisions of this law."

Ninety-six, add a chapter, as the fifth parts with second chapters:

"The second chapter mediation in cases of public prosecution procedure

"For the 274th article of the cases of public prosecution, criminal suspects, defendants willing sincere repentance, obtain the forgiveness of the victims through compensation, apology and so on, the parties may reach a reconciliation agreement:

"(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 275th 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 staff views, to review the settlement agreement voluntary, legitimacy, and presided over the production settlement agreement.

"276th 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 leniency."

 

Ninety-seven, 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

"277th for the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants absconded, appear in the wanted not a year later, or criminal suspects, defendants die, the illegal gains and he recovered the property shall be in accordance with the criminal law, the people's procuratorates can put forward to confiscate the illegal income to apply to the people's the court.

"The confiscation of illegal income application should specify the property types, number, location and attachment, seizure, freezing conditions, and with the relevant evidential materials.

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

"278th, confiscate the illegal income and other properties involved in case application, 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.

"The people's court at the expiry of the notice to the confiscation of illegal income for trial. 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. Interested party has objection to the confiscation of illegal income of an application, the people's court shall trial.

"The 279th people's court, for the cards belonging to the illegal income property, except to be returned to the victim, shall make a ruling shall be confiscated; for that is not illegal income, shall make a ruling lifting attachment, seizure, freezing measures.

"For the people's court in accordance with the provisions of the preceding paragraph decision, can put forward to appeal, appeal.

"280th in the process of trial, criminal suspects, defendants, surrendered or captured, the people's court shall terminate the trial.

"For the confiscation of criminal suspects, defendants property is wrong, he shall return."

 

Ninety-eight, add a chapter, as the fifth parts with fourth chapters:

The fourth chapter of "mental patient violence forced medical procedures

"Article 281st the mental patient violence endangers public security or cause death, serious injury, upon verification and confirmation through legal procedure, do not bear criminal responsibility according to law, continue to harm society possible, the people's court may decide to compulsory medical.

"282nd of the violence of mandatory medical treatment, by the people's Procuratorate applying to the people's court. The people's court shall form a collegial panel to conduct the trial for the respondent, comply with the compulsory medical conditions, can make the compulsory medical decisions. The people's court in the case was found during the defendant comply with the compulsory medical conditions, can be directly to make mandatory medical decision.

"The people's court compulsory medical case, it shall notify the applicant or the legal representative of the defendant at.

"The decision of a people's court compulsory medical treatment, can be the applicant or the defendant to take protective measures to restrain.

"283rd 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 284th the people's Procuratorate on execution of compulsory medical institutions are legitimate implementation supervision."

 

Ninety-nine, ninety-ninth, 126th, 127th, 132nd, 146th, 166th, 171st, 172nd, 192nd, 193rd cited in the clause number adjusted according to this amendment. The criminal procedure law and the provisions of the relevant sections of the serial number be adjusted according to this amendment.

Annex:"Comparison of the criminal procedure law of the people's Republic of China revised"

On the "PRC Criminal Law Amendment (Draft)" description

China's current criminal procedure law was enacted in 1979 1996, the four meeting of the eight session of the National People's Congress amended. Practice has proved, in China's criminal procedure design and power allocation in general is scientific, reasonable. However, with the increasingly rapid economic and social development, construction of democracy and legal system and the continuous progress of the people's judicial demand, criminal litigation system in some areas there are not adapted to the problem, it is necessary to further improve the.

In recent years, the National People's Congress and the proposed amendment and perfection of criminal procedural law opinions and suggestions. Central Committee on deepening the reform of judicial system and working mechanism of the opinions on further perfection of criminal litigation system put forward specific requirements. The Ten Session of the National People's Congress, the Legislative Affairs Commission of the Standing Committee of the legislation in accordance with the planning requirements, has been on the law of the implementation and execution of tracking, investigation and study, from the beginning of 2009, research on the amendment of the criminal procedure law draft work plan. The drafting work with Chinese socialist concept of the rule of law, to seek truth from facts, proceeding from the national conditions, conscientiously sum up the experience of judicial practice, step by step to promote the perfection of our criminal procedure system; adhere to the division of responsibilities, cooperate with each other, the principle of mutual restraint, perfect the judicial criminal prosecution power configuration, to better meet the needs of litigation activities; adhere to the criminal policy of combining punishment with leniency, punishing criminals and safeguarding human rights, not only paid attention to the timely, accurately punishing crimes, safeguarding of citizens, social and national interests, but also pay attention to criminal procedure involved in the protection of people including the legitimate rights of criminal suspects and defendants. Research by repeated and the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, judicial department, repeatedly listening to the National People's Congress, grassroots courts, lawyers and the opinions of experts and scholars, and specifically for some local NPC Standing Committee's opinion, and to obtain basic consensus in the full demonstration, forming a criminal law amendment (draft). The main problems are as follows:

One, improve the evidence system

Evidence system is an important system in all of the proceedings has been, plays a key role in the fair trial, conviction and sentencing of the right. According to the provisions on the evidence of the current criminal procedure law in all aspects of the comparison principle, it is difficult to meet the practical needs, the following supplementary revision suggestions:

1 to improve the types of evidence and standard of proof

Forty-second of the criminal procedural law stipulates the material evidence, documentary evidence, testimony of witnesses and other seven kinds of evidence. According to the needs of the new situation and the practice in criminal litigation, proposed to increase the provisions of electronic data in the evidence types. (Amendment twelfth)

Criminal procedure law of the conclusion of the investigation, prosecution and verdict of guilty provides that "the case facts are clear, the standard of proof, evidence really fully". For the accurate application of this standard, conditions suggest further affirmed "the evidence is, sufficient", namely the conviction and sentencing facts have evidence to prove that, according to the verdict evidence are verified by the statutory procedures, comprehensive evidence of the case, the fact is beyond reasonable doubt. (Amendment sixteenth)

In addition, in order to strengthen the connection between the administrative law enforcement and criminal justice, improve the efficiency of the proceedings, proposed to increase provisions, evidence, documentary evidence collection in the administrative organs in the process of administrative law enforcement, the judicial organs shall verify, can be used as evidence. (Amendment fifteenth)

2 perfect exclusionary rules

The forty-third criminal procedure law to prohibit torture to extract confessions and to collect evidence by other illegal methods were provided. In order to further curb torture to extract confessions and other illegal evidence collection behavior from the system, safeguard judicial justice and criminal proceedings in the legitimate rights, proposed in the prohibited provisions of torture to extract confessions, increase shall not be compelled confirmed their crimes. Provides for the use of torture to extract confessions and other illegal methods to collect the suspect, defendant's confession and using violence, threats and other illegal methods to collect the testimony of witnesses, victims' statements, should be excluded; in violation of the provisions of laws collecting physical evidence, documentary evidence, seriously affecting judicial justice, the evidence should be excluded. The provisions of the people's court, the people's procuratorates and the public security organs are the exclusion of illegal evidence obligation, and the provisions of the court on the investigation procedure of illegal evidence exclusion in the process of. (Amendment fourteenth, seventeenth to twenty-first)

In addition, for the judicial practice of torture to extract confessions behavior occurred in the suspects will be sent to the situation before, recommendations specified, in detention, arrest shall immediately be detained, arrested for custody; after the increase of criminal suspects to be sent to the house of detention for questioning, investigators, shall in the detention Center; and provisions on interrogation recording system. (amendment draft article thirty-sixth, article thirty-ninth, article forty-sixth, article forty-ninth)

3 perfect the expert witness system

The witness for ascertaining facts, evidence, to verify the correct decision is of great significance. In judicial practice, the witness, the appraiser shall appear in court to testify and does not appear in court to issue more prominent, affect the fairness of the trial, needs to be further standardized. The scope of the proposed testify clearly witness testimony of witnesses, the provisions have a significant impact on sentencing, objection, the prosecutor or the defender, agent ad litem, or the people's court considers necessary, witnesses should appear in court. For expert opinion, as long as the public prosecutor, the parties concerned or the defenders and agents ad litem, objection, the appraisers shall appear in the court. At the same time, the provision of compulsory system of appearing in court, witnesses, appraisers no legitimate reason not to testify in court, the people's court may enforce the court, for if the circumstances are serious, be sentenced to detention for less than ten days. Taking into account the spouse, parents, children are forced to testify against a defendant in court, not conducive to family relationship, therefore, provides the defendant spouse, parents, children. (the draft amendment to article sixty-seventh, article sixty-eighth)

4 perfect witness protection system

Forty-ninth the provisions of criminal law, the judicial organs shall guarantee the safety of witnesses and their near relatives. In practice, the protection of witnesses, on the one hand can be achieved through the responsibility to take revenge behavior, on the other hand, we should strengthen the protection of witness some serious criminal cases. Proposal to increase provisions, for the crime of endangering national security, terrorism, organized crimes of the underworld, drug crime witness, victim, can also according to the cases, take personal information is not public real name, address, work units, not to expose the true appearance, voice to testify in court, special protection measures the personal and residential. (Amendment twenty-third)

Two, perfect compulsory measures

In order to ensure the smooth progress of the criminal proceedings, criminal procedure law to arrest, detention, bail, residential surveillance, detention of five kinds of compulsory measures. But because the criminal law enforcement environment is more complex, change the current compulsory measures, about some of the regulations, cannot completely meet the needs of the judicial practice, suggestions are the following additional modifications:

1 to improve the conditions of arrest

Sixtieth of the criminal procedural law stipulates, for there is evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, thus necessitating arrest, arrest shall be in accordance with the law. In order to solve the judicial practice of the arrest conditions inconsistent understanding problems, proposes a "danger to the society, and regulations of the principle of arrest necessity", detailed provisions for the implementation of the new crime: possible; the real danger endanger national security, public security or social order; may destroy, forgery, hiding evidence, interference witness or collusion; May to the victim, informants, the complainant may implement take revenge; Dutch act or run away. And clearly defined, to have evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or may be sentenced penalty above, once an intentional crime or unidentified suspects, the accused, should be arrested. (Amendment thirty-fifth)

2 to improve the procedure of examination and approval of arrest

In order to further perfect the procedure of examination and approval of arrest, in favor of the procuratorial organs to understand more fully the circumstances of the case, the accurate application of arrest, on the basis of practical experience, proposed to increase provisions, examination of the people's Procuratorate approved the arrest, can interrogate the criminal suspect; doubt on whether or not to comply with the conditions of arrest, the criminal suspect demanded to make a statement, investigation activities may have a serious illegal act, it shall interrogate the criminal suspect. Defence lawyers asked, should also listen to the counsel's opinion. At the same time, to strengthen the supervision of people's Procuratorate of custody measure, prevent held extended detention and unnecessary, proposed to increase the criminal suspects, defendants arrested, the people's procuratorates to review the detention necessity. (the draft amendment to Article thirty-eighth, article fortieth)

3 to improve the residential surveillance measures

Residential surveillance and bail are compulsory measures personal restrictions on freedom of suspects and defendants, but the restriction of freedom degree. The same rules applicable conditions of the two kinds of compulsory measures in criminal procedure law. Considering the practical implementation of residential surveillance, the surveillance of residence located in the alternative to detention, and the provisions of applicable conditions and bail different comparison. Suggestions for residential surveillance shall separate the applicable conditions, applicable to comply with the conditions of arrest, but suffer from serious diseases, the life cannot provide for oneself, pregnant or breast-feeding their babies, because of the need for the special circumstances of the case or the handling of cases, to residential surveillance measures more appropriate, and detention period expires, the case has not yet completed, need take residential surveillance measures. In accordance with the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, or residential surveillance. For the alleged crimes against national security, terrorist crimes, major crimes of bribery crime suspects, defendants, residential surveillance residence in the execution may hinder the investigation, approved by the superior judicial authorities, can be specified in the residence of execution. At the same time, the provisions of the people's Procuratorate to supervise the implementation of residential surveillance, residential surveillance shall be prescribed in special places of detention, the case handling organ executing the provisions, and notify the family, lawyers and other relief measures. Explicitly specified period home residential surveillance shall be offset. (Amendment twenty-ninth to thirty-first)

4 appropriate to extend the detention time

Ninety-second of the criminal procedural law stipulates, summon the longest time shall not exceed twelve hours. According to the views of all sides, proposed to increase the provisions of major case, complex, need to take the detention, arrest, detention shall not exceed twenty-four hours. And the provisions shall guarantee that the suspects necessary food, rest time summon period. (Amendment forty-seventh)

Three, improving the defense system

In order to further improve the defense system, guarantee the lawyers' practicing rights, strengthening the legal aid, advice for the following additional modifications:

1 the provisions in the investigation stage may entrust a lawyer

The criminal procedure law article thirty-third, the provisions of article ninety-sixth, the criminal suspect, defendant prosecution, trial stage may entrust a defender in the review, hire lawyers in the investigation stage can only provide the legal help. Taking into account the suspect, the defendant shall have the right to defense in the litigation process, proposed to increase the provisions for criminal suspects in the investigation stage may entrust a lawyer to provide legal aid for the. (the draft amendment to article third, article sixth)

2 to improve the defense lawyers to meet criminal suspects, defendants in custody regulations

Ninety-sixth the provisions of the criminal procedure law, in the investigation stage, for cases involving state secrets, the criminal suspect to hire a lawyer and the lawyer meets with the criminal suspect in custody, are required to obtain the approval of the investigation organ. The amended law made different provisions, provisions of lawyer with a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official letter, have the right to meet the criminal suspect, the defendant. The lawyer to meet the criminal suspect, defendant, not monitored. All agreed that the relevant provisions of law, should be absorbed in the law of criminal procedure, but for a few relates to national security and interests of the case, the lawyer to visit the suspected criminal in advance by the investigation organ, agree is necessary. Accordingly, the contents of absorbing of the lawyers law, and the provisions of the crime of endangering State security, terrorism crime cases, major bribery crime in the period of investigation, lawyers to meet with the criminal suspect, it shall obtain the permission of the investigation organ. (Amendment seventh)

3 perfect relevant provisions of lawyers

Thirty-sixth of the criminal procedural law stipulates, defense lawyers in the prosecution may consult, extract, copy the file documents, technical appraisal materials, consult, extract, copy the facts of the crime accused in the trial phase materials. The amended law has expanded the defense lawyer marking in the scope of the review of the prosecution stage. The content of absorbing the lawyers law of the provisions, defense lawyers in the prosecution and trial stages of the review, can consult, extract, copying of the case material of the facts of the crime. (Amendment seventh)

4, improve the legal aid system

In order to further protect the suspect, the defendant's right to defense, propose to expand the application of legal assistance in criminal litigation. For the criminal suspect, the defendant is blind, deaf, dumb, minors and may be sentenced to death has not entrusted a defender, the people's court shall be assigned to defend, modified for the people's court, people's Procuratorate and the public security organs shall inform the legal aid institutions appoint lawyers to defend them; and increased regulations on May was sentenced to life imprisonment without defender entrusted, shall also provide legal aid. (the draft amendment to article fourth, article ninety-fifth)

Four, perfect the investigation measures

With the change, economic and social development and crime on the one hand, to improve the investigation measures, given the investigation organ necessary means of investigation, to strengthen the efforts to fight crime; on the other hand, also want to strengthen the investigation measure standard, restriction and supervision, prevent abuse. The following suggestions for additional modifications:

1 clear technical investigation, secret investigation measures

According to the need of practice, proposed to increase the provisions of the following aspects: first, the provisions of the crime of endangering national security, terrorism, organized crimes of the underworld, serious drug crime or other serious social crimes and embezzlement, bribery, major crime serious violations of civil implementation of the use of authority the personal rights, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation. Two, the public security organ shall be decided by the specific provisions of staff in the implementation of secret investigation, in accordance with the provisions of the implementation can be controlled delivery. Three, to take a clear technical investigation measures, control of secret investigative measures, delivery to collect materials can be used as evidence. (Amendment fifty-sixth)

2 investigation and supervision regulations

To further strengthen the supervision on investigative measures, proposed to increase the provisions of party, interested party considers that the judicial organs and their staff not to lift, change coercive measures, not to return the bail deposit in accordance with the law, illegal search, seizure, seizure, by freezing, seizure, seizure, not to lift the freeze, hinder the defenders and agents ad litem, performance duties according to law, infringes upon their lawful rights and interests of complaints, accusations and processing program. (Amendment forty-fifth)

Five, perfect the trial procedure

For the allocation of judicial resources better, improve the efficiency of the proceedings, it is necessary to guarantee the judicial justice, different cases, and further improve the trial procedure, the following supplementary revision suggestions:

1 simple adjustment procedure

The law of criminal procedure of a case of public prosecution may be sentenced to prison the following penalty and in a case of private prosecution of summary procedure of three years. According to the needs of judicial practice, suggestions will summary trial of cases to the basic people's court has jurisdiction "confession" case, which may be sentenced to the penalty, the accused confess their crimes cases. Among them, to be sentenced to the punishment of three years, still existing regulations may be tried by a single judge; to be sentenced to three years in jail, shall form a collegial panel trial. At the same time, to strengthen the control and procuratorial function, applies the simple procedure trial in cases of public prosecution, the people's Procuratorate shall send representatives to attend the court. (Amendment seventy-fourth to seventy-sixth)

2 to improve the first trial, second instance procedure

For the procedure of first instance, according to the judicial practice and actual needs, suggestions to improve the prosecution case file transfer system, the provisions of the people's Procuratorate to initiate a public prosecution, shall submit the case file and evidence, to the people's court; perfect the pre-trial preparation procedure, increase the provisions for trial staff called the public prosecutor, the parties and the defenders and agents ad litem, in court before, to avoid, the witness list, exclusion of illegal evidence to understand the situation and listen to opinions; in court rules to increase the contents of sentencing program; increase the provisions of the people's courts, shall be treated as property and its fruits of attachment, seizure, freezing of decision making. (amendment draft article sixty-second, article sixty-third, article sixty-fourth, article seventieth, article seventy-first)

For the second instance procedure, fair treatment to ensure the case, should make clear the scope of the case of second instance court. Proposal to increase the provisions of facts, evidence, the parties to the judgment of the first instance that objection, the people's Court of second instance that may affect the conviction and sentencing, the defendant was sentenced to death in the case on appeal, the people's Court of second instance shall open the court session. In order to avoid repeatedly remanded, suggestions to improve the remand system, increase the provisions, the people's court for sentencing facts unclear, insufficient evidence to remand a case to make judgment, the people's Court of second instance after the trial, still believe that the facts are not clear or the evidence is not sufficient, it shall make a judgment. (the draft amendment to article eighty-first, article eighty-third)

In addition, according to the practice of some major and complicated cases lack of time, affecting the quality of case handling problems, appropriate to extend the first trial, second instance trial period. (amendment draft article seventy-third, article eighty-second, article eighty-fourth)

3 to improve the death penalty review procedure

According to the nature of the procedure for review of death sentences, in order to further ensure that the death penalty review the case quality, recommendations specified, 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 arraignment. At the same time, increase the provisions, the Supreme People's court review of death penalty cases, it shall interrogate the defendant, to listen to the opinions of the defender; the Supreme People's procuratorate can give advice to the Supreme People's court. (the draft amendment to article eighty-fifth, article eighty-sixth)

Six, improve the implementation of the provisions

In order to further improve the execution of punishment procedures, according to the views of all sides, the following supplementary revision suggestions:

1 to improve the temporary execution outside prison regulations

The temporary execution outside prison, is to have the serious diseases, pregnant or breast-feeding their babies, and the system cannot take care of criminal penalty execution in prison. Recommendations from the following three aspects: one is to further improve, according to the actual needs of the temporary execution outside prison, the object to be sentenced to women pregnant or breast-feeding their babies life imprisonment. Two, to further clarify the temporary execution outside prison decided, approval procedures. Three, increase the regulations, does not meet 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 draft amendment to article eighty-eighth, article ninetieth)

2 strengthen the legal supervision of procuratorial organ on activities of the execution of punishment

For perfecting the procuratorial organs of commutation, parole and temporary execution outside prison supervision mechanism, proposed to increase provisions, prison, detention center for commutation of punishment, parole recommendations or temporary execution outside prison opinion, shall be sent to the people's procuratorate. The people's procuratorates can put forward written opinions to the people's court or approved by the authorities. (the draft amendment to article eighty-ninth, article ninety-third)

The 3 increase in community correction rules

According to the views of all sides, proposed to increase the provisions for temporary execution outside prison, criminals, and shall be subject to community correction. (Amendment ninety-first)

Seven, special procedures provisions

The National People's Congress and the relevant aspects puts forward for many times, the minor crime case specific cases and in some special cases, should provide special program. A series of proposals to increase the "special procedures", make supplementary provisions to the related procedures:

The 1 set of juvenile delinquency proceedings

According to the characteristics of minors in criminal cases, special procedures for advice on handling juvenile crime policy, principle, each lawsuit stage make provisions. Set the non prosecution of additional conditions, provisions for minors who alleged violations of human rights and democratic rights, infringement of property, prejudice and social management order, crime, may be sentenced to a punishment in prison the following year, qualified to prosecute, but there is repentance, the people's Procuratorate to make conditional non prosecution decision. At the same time, to return to the society to the juvenile criminal better, set the criminal record storage system. Provisions when he committed the crime under the age of eighteen, was sentenced to five years following the penalty of criminal record, shall be sealed, not to any units and individuals, but the judicial organ for handling the need or the relevant units according to the law, except for query. (Amendment ninety-fifth)

2 the provisions of public prosecution case specific scope of reconciliation procedures

Reconciliation of criminal procedure law in a case of private prosecution has been specified. According to the views of all sides, as the dispute in favor of resolving conflicts, the scope of application appropriate expansion of reconciliation procedures, will be part of public prosecution cases into reconciliation procedure. Considering the seriousness of the case of public prosecution, prosecution and punishment of the national character, to prevent the emergence of new injustice, the application range and cases of public prosecution is limited due to civil disputes, alleged violations of human rights and democratic rights, infringement property crime, may be sentenced to the punishment of crime cases three years, in addition to outside and malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases. However, the suspect, the defendant within five years had intentionally the crime, do not apply for this program. The parties reached a settlement agreement, the people's court case, the people's procuratorates and the public security organs in accordance with the law to punish leniently. (Amendment ninety-sixth)

3 the provisions of criminal suspects and defendants, escape, death cases of illegal gains confiscated program

In order to crack down on the crime of corruption, crime of terrorist activities, to take timely measures to freeze the recovered proceeds of crime, the United Nations and the connection has joined with China's Anti-Corruption Convention and the relevant anti terrorist problem resolution requirements, proposed to increase provisions, for the crime of corruption and bribery, crime of terrorist activities and other major crime, criminal suspects, defendants people wanted to run on, not a year later, or criminal suspects, defendants die, in accordance with the criminal law shall be recovered and the illegal income and other properties involved in case, the people's Procuratorate may propose the confiscation of illegal income shall apply to the people's court. And set a specific procedure. (Amendment ninety-seventh)

Forced medical procedures specified in 4 mental patients to violence

Article eighteenth of the criminal law, the mental patient harm consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to put in the custody and care; when necessary, by the government of compulsory medical. For public security, maintaining social harmony and order, provided suggestions on the basis of this, the violence behavior endangers public security or causing death, serious injury, he shall not bear criminal responsibility according to law, to continue to be mental patient harm to society, the people's Procuratorate to the people's court for compulsory medical application, be decided by the people's court. And the program, decided to a people's court for compulsory medical lifting procedures and the supervision of the people's Procuratorate provisions. (Amendment ninety-eighth)

There is a problem need to report. With regard to the modification of the criminal procedure law amended provisions of the larger, more, and added a new series, chapter, section, suggested by the NPC Standing Committee examined and further revised and refined by the NPC Standing Committee for consideration by the general assembly, through the.