The people's Republic of China Criminal Law Amendment some amendments

 

The defense lawyer's right of meeting

The thirty-sixth changed to two, as thirty-seventh, thirty-eighth, amended as:
    "The first paragraph of article thirty-seventh is amended as: defense lawyers are entitled 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.

The fourth paragraph is revised as follows: Joint Crimes of endangering national security crime, terrorism crime, serious bribery, in investigative counsel to meet with the criminal suspect, the investigation organ shall be notified forty-eight hours in advance. For these cases, the investigation organ shall notify the.

The defense lawyer investigation of evidence

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, shall have the right to apply to the people's Procuratorate, the people's court to obtain relevant evidence."

Add second "defense lawyer investigation and evidence collection rights protected by the law, unless the principal change or terminate the Commission, not by administrative organs, social groups or individual obstacles and interference. Chinese Lawyers Association formulated by the competent department of criminal investigation for practicing lawyers issued."

About the perjury

The thirty-eighth changed to forty-second, the first paragraph is revised as follows: "no 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."

On the evidence conversion

The forty-fifth changed to fifty-first, one paragraph is added as the second paragraph ", the administrative organ in the administrative law enforcement in the process of collecting material evidence, documentary evidence, the judicial organs in accordance with the relevant provisions of this law review to verify, in accordance with the criminal litigation proof conditions for investigation, prosecution or evidence."

Notice about surveillance of residence

The second paragraph is revised as follows: the specified home residential surveillance, the surveillance of residence shall cause and execute the premises, in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people, suspected of crimes of endangering national security, terrorism crime situation, the implementation of residential surveillance shall be within forty-eight hours after being monitored, notice people living in the family. Can not notice, notice and registration.

About the arrest

The sixtieth changed to eightieth, is amended as: the sixtieth changed to eightieth, is amended as: "to have evidence to prove the facts of the crime, the real danger endanger national security, public security or social order, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance etc. method, is still not enough to prevent the danger to the society, should be arrested

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.

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

About the detention notice

The sixty-fourth changed to eighty-fourth, second paragraph is revised as follows: "arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours. Should put the reasons for detention and the place of detention, in twenty-four hours after notification, the detainee's family. Suspected of crimes of endangering national security, terrorist crimes and other serious crimes, can be within seventy-two hours after notice of detention, the detainee's family, can not notice, notice and registration. No notification of families at the time, have the right to access to the investigation organ, the investigation organ shall inform and issue a query result credentials."

About the arrest of notice

The seventy-first changed to ninety-second, the second paragraph is revised as follows: "after the arrest, it shall immediately be arrested for custody. The reason and the detention shall be arrested in the premises, within twenty-four hours after the arrest, notify the family of the arrested person. Suspected of crimes of endangering national security, terrorist crimes and other serious crimes, can be in seventy-two hours notice is searching for the families of the people. Had not received any notification of families at the time, have the right to arrest the organ executing the query, the arrest of the executing organ shall inform and issue a query result credentials. Can not notice, should notice and registration."

A summons, subpoena time

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

"Not to continuous summons, subpoena criminal suspects into custody in disguised forms. Call, summon the suspect, the suspect shall guarantee the normal diet, rest time."

On questioning of Lawyer Presence Right

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 has the right to entrust lawyers, truthfully declared in a confession to be fair treatment."

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, the suspect has the right to entrust his defense lawyer. Have a right to complain or issue legal opinion counsel to investigators illegal and improper behavior.

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

A technical investigation

Amended as:

"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 social complex, difficult criminal cases, according to the need for crime investigation, approved by the provincial public security organ for the record and report to people's Procuratorate at the same level, can adopt the measures of technical investigation.

   "The people's procuratorates in the case, for embezzlement, bribery crimes and serious violations of civil rights by the power of the major, complex, difficult cases, according to the need for crime investigation, after the provincial people's Procuratorate approved and reported to the NPC Standing Committee at the same level for the record, can adopt the measures of technical investigation.The registration organ shall regularly or irregularly on the filing of the technological investigation supervision.

Is amended as: 148th the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. For should not or does not need to continue to take the measures of technical investigation, shall promptly release, to remove the negative effects that may exist.

Is amended as: Hunt wanted or approved, and decided to arrest the escaped criminal suspects, defendants, after the approval of the person in charge after executing organ, technical investigation measures can be taken to hunt the necessary.

"Technical investigation measures shall be executed by a public security organ. Technological investigation adding or aggravate the natural person, legal person or other organization duty or burden should be compensated, resulting in loss of must be given compensation, and bear the legal liability, which constitutes a crime, shall be investigated for criminal responsibility.Bail, residential surveillance, detention and arrest the above provisions shall apply.

Delete "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.

Delete "to illicit drug product or payment of 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"

Revision: 151st in accordance with the provisions of this section shall take the measures collected materials, upon examination and verification in accordance with the provisions of the law of evidence, in criminal proceedings as evidence investigation, prosecution service.

　　About the death penalty review

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. When necessary, shall organize a hearing, listen to the prosecutor, the defendant, 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."

On the temporary execution outside prison

"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 by prison, detention or detention house, by the provincial prison administration departments or districts of the city level and above the public security organs audit application, submitted to the intermediate people's court to decide the punishment."

One article is added as article 252nd,: "prison, detention or detention by the temporary execution outside prison put forward written opinions of the written opinions, shall send a copy of the people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, can put forward rectification opinions. The people's court received the correct opinions shall be dealt with in ten days."

In cases of public prosecution on Mediation

"(two) in addition to outside of the malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases. Is amended as: "(two) in addition to deliberate malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases.

About the confiscation of property

Is amended as: 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, in accordance with the provisions of the criminal law shall be confiscated or recovered its illegal income and other properties involved in case, the people's Procuratorate may bring the confiscation of illegal income application to the people's court.

"For the confiscation of criminal suspects, defendants property is wrong, he shall return. If losses are caused, the people's Republic of China in accordance with the "State Compensation Law" provisions of compensation and shall be investigated for legal responsibility of the relevant responsible person."

Other opinions

1, the method of "punishment" in words to "punishment". Because the punishment is not strict legal terms, in practice often become the corporal punishment, abuse and torture to extract confessions.

2, the"The protection of human rights"Criminal procedure law task to write second article of this law, such as"The criminal procedure law of the people's Republic of China's mission is to protect human rights, to ensure accurate, timely find out the facts of the crime, the correct application of the law, punishment of criminals, to protect innocent people from criminal prosecution, to educate citizens to consciously abide by the law, actively struggle against criminal acts, to uphold the socialist legal system, the protection of citizens' rights of the person, property rights, democratic rights and other rights, guarantee the smooth progress of socialist construction.".

3,Provisions of the abolition of the trial stage of the investigation on supplemental. Specification of filing jurisdiction and the jurisdiction objection, the avoidance system.

4, the public prosecution organ refuses to accept the right to protest a judgment to appeal, the appeal decision, the public prosecutor shall appeal.

5, cancel the attorney at law court judicial committee to discuss major difficult cases.

6, the court judicial committee decided to discuss the case shall organize a hearing, listen to the views of both sides.

7,The retrial procedure is modified as the legal procedure of course, reference and reference to arbitration law on the arbitrator to form an arbitration tribunal, the way, from no interest with the case of senior judges, prosecutors, lawyers, legislation (legal) workers, arbitrator, jurists and not as the legislative organs, administrative organs, judicial organs his deputy to the National People's Congress, the CPPCC members constitute criminal retrial group a collegial panel (5 to 7), according to the law of the retrial.

8, places of detention, detention under the jurisdiction of the administrative departments of justice.