The principles of criminal procedure

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  • / Author: Aaron Lewis

Overview of section 1 basic principles
　　
The basic principles of criminal procedure law, which reflect the idea and the objective requirements of criminal proceedings, runs through the entire process of criminal proceedings or the main stage of the proceedings, universal or major guidance and regulation of criminal procedure, as the basic norms of behavior involved in criminal litigation participants national special organs and procedure must be followed.
The basic principles of criminal procedure, the general has the following characteristics:
1 basic laws embody the criminal litigation activities;
2 is the legal principles defined by "Criminal Procedure Law";
3 generally run through the whole process of criminal procedure;
4 of the legally binding.
Section second investigation, prosecution, jurisdiction according to law by the specialized agencies
　　
"Criminal Procedure Law" third paragraph first, the investigation of criminal cases (mainly public security organs), detention (note and the procedure of civil trial judicial detention phase difference. See the "Civil Procedure Law" article 101st) Execution of arrest (according to the constitution, "" the provisions of article thirty-seventh, the people's Republic of China citizens freedom of the person shall not be violated. Any citizen, except with the approval or by decision of a people's Procuratorate or by decision of a people's court, and executed by the public security organ, shall not be liable to arrest.) Public security organs shall be responsible for examining,. Procuratorial (refers to the legal supervision of the procuratorial organs), the approval of arrest, the procuratorial organs directly accept cases (itself), prosecution, responsible for by the people's procuratorate. The trial by the people's court shall be responsible for the. Except as otherwise provided by law,Any other organs, organizations and individuals have no right to exercise such powers. The people's court, the people's procuratorates and the public security organs in conducting criminal proceedings, the relevant regulations must be strictly abide by this Law and other laws.
Note the arrest of execution right belongs to the public security organs, but the approval authority belongs to the people's Procuratorate the arrest.
In addition, the law also embodies the spirit of the principle and content:
(1) the state security organs of the investigation right.
"Criminal Procedure Law" the fourth regulation, the state security organs in accordance with the law, handle cases of crimes that endanger State security, and the public security organs exercise the same powers.
(2) the security departments of the army, prison, the right of investigation.
"Criminal Procedure Law" provisions of article 225th, the security departments of the army took place within the criminal case to exercise the power of investigation. In jail for the criminal cases of crimes of investigation by the prison.
(3) for the investigation of smuggling crime unit (set up 98 years, the authority and the criminal procedure law does not make provision, the but in relation to smuggling crime and public security organs have the same power.)
The third section strictly comply with legal procedures
　　
"Criminal Procedure Law" third paragraph second, the people's court, the people's procuratorates and the public security organs in conducting criminal proceedings, the relevant regulations must be strictly abide by this Law and other laws.
The basic meaning of this principle is:
(1) the people's court, the people's procuratorates and the public security organs in the criminal lawsuit activity, must strictly abide by the "Criminal Procedure Law" and other relevant laws, shall not violate the provisions of the law rules and procedures, but not against the parties and other participants in the proceedings of the legitimate rights and interests. What say here "legal", refers to all concerned with the law of criminal procedure, such as the "criminal law", "court organization law", "judge", "organization law of the Procuratorate", "prosecutor law", "law", "people's police law" etc..
(2) in violation of legal procedure is serious, should bear the corresponding legal consequence according to law. For example, the people's Court of first instance a serious violation of legal procedures, will result in revocation judgement, the legal consequences of the remand. "Criminal Procedure Law" provisions of article 191st, the people's Court of second instance that the people's Court of first instance trial in violation of provisions, in violation of the public trial consisting of avoidance system, deprivation or restriction of the parties legal rights of litigation, judicial organization is illegal and others may affect the impartial handling of illegal cases sentenced, shall rescind the original judgment, the people's court remanded the re trial. Moreover, some illegal evidence collection shall not be taken as a basis. According to the Supreme People's court "interpretation" of the provisions of article sixty-first, is strictly prohibited to collect evidence by illegal methods. If the verification is actually using torture to extract confessions or threat, enticement, deceit and other illegal acquisition of testimony of witness, the statement of the victim, the confession of the accused, should not be taken as a basis.
Need to pay attention to the problem:
(1) the behavior main body authority;
(2) according to whether the legal behavior;
(3) the behavior of the program is legal;
(4) the legal documents are correct;
(5) during the legality.
In section fourth, the people's court, the people's Procuratorate shall independently exercise their functions and powers
　　
　　"Criminal Procedure Law" FifthThe people's court shall, in accordance with the law, exercise judicial power independently in accordance with the law, the people's procuratorates exercise procuratorial power independently, not by administrative organs, social groups and individuals.
Pay attention to understand this article about the independent regulation:
(1) is not a personal independence, not even the judicial independence, it is a collective of independent;
(2) cannot be independent of the ruling party.
(3) cannot be independent of authority (NPC);
(4) the two institutions of the people's Procuratorate and the people's court, the subordinate relationship is not the same, therefore form independent is not the same; in essence refers to the procuratorial system as a whole exercise procuratorial power independently exercise procuratorial power independently. And between the people of the lower court on the relationship of supervising and being supervised, the trial process in the specific case of the courts exercise judicial power independently, including the lower people's court, the people's court has no right to interfere in other.
In addition, to understand it is not supervised the administrative organs, but it is not subject to interference.
[example, multiple-choice] a university professor was lecturing to criminal procedure law class to allow students to answer how to understand people's courts exercise judicial power independently according to law principles, the following four students understanding is correct? 2003.
A. a classmate that refers to the independence of judges in trying cases, without any other influence
B. B students that refers to the collegiate bench trial independence case, is not affected by any organization or individual
C. C students think is refers to the court independent adjudication cases not by administrative organs, social groups and individuals
D. Ding students think independently in accordance with the law refers to the court trial, how the specific cases of superior court not to the lower court is hearing processing issued instructions and commands
　　[Q & a number 911020101: the title question]
Answer: CD
Analysis: "Criminal Procedure Law" provisions of article fifth, the people's court in accordance with the law to exercise judicial power independently in accordance with the law, the people's procuratorates exercise procuratorial power independently, not by administrative organs, social groups and individuals. The independence of the courts, is refers to the court as the subject of judicial independence, not a judge or a collegiate panel of independent. So the AB is wrong, the correct answer is CD.
The fifth section division of responsibilities, cooperate with each other, each other
　　
"Criminal Procedure Law" provisions of article seventh, the people's court, the people's procuratorates and the public security organs shall, in conducting criminal proceedings, the division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law.
"Division of labor", is refers to the people's court, the people's procuratorates and the public security organs in the criminal lawsuit according to law has clear division of powers, shall exercise its functions and powers, the statutory scope of duties, cannot replace each other, can not be mutual prevarication.
"With each other", is refers to the people's court, the people's procuratorates and the public security organs shall, in conducting criminal proceedings, based on the division of responsibilities, mutual support, act with united strength, to the handling of cases can be linked together, identify the facts of the case, investigating, punishing crimes task.
"Mutual restraint", is refers to the people's court, the people's procuratorates and the public security organs shall, in accordance with the criminal litigation, litigation division of functions and procedures on the set, mutual restraint, mutual checks and balances.
Division of responsibilities, cooperate with each other, mutual constraints, are closely related, are indispensable. Among them, division of labor is the premise, coordination and control are the three organs exercise their functions and powers according to law, the criminal procedure to ensure smooth. The principle of criminal procedure, the final purpose is to ensure the correct and effective enforcement of the law.
　　
In section sixth, the people's Procuratorate to exercise legal supervision over criminal procedure
　　
"Criminal Procedure Law" the eighth regulation, the people's Procuratorate to exercise legal supervision over criminal procedure. The people's Procuratorate is the national legal supervision organs, in criminal proceedings, the right of trial and execution organs investigation of public security organs, the court execution activities are legal to carry on supervision.
In the civil action and the administrative proceedings, the people's Procuratorate is not directly involved, but in criminal proceedings, the people's procuratorates are directly involved, and only the people's Procuratorate from the participation to the tail, which determines its position in the criminal litigation supervision, mainly is the supervision and afterwards supervision. But the mode of supervision in the civil action and the administrative proceedings in the people's Procuratorate is limited, mainly after the supervision (mainly the retrial protest issues). Criminal proceedings, the people's Procuratorate is a participating agencies from first to last, so a lot of it the contents of supervision, the supervision of case filing, investigation and supervision, judicial supervision, supervision of the execution. From the supervision system, a protest (second appeal and retrial protest), issued a notice, proposed rectification opinions etc..
This principle itself need to understand: the power of legal supervision from the constitution, is the unidirectional supervision, the people's Procuratorate issued a notice of supervision, the other is to accept the supervision organ. The people's Procuratorate supervision on criminal suit is a full range of supervision, but also a variety of ways.
　　Notice the difference between: Division of responsibilities, cooperate with each other, each other the principle that is the relationship between the specialized agencies, each other can be restricted; but the law supervision of people's Procuratorate over criminal procedure but not supervise each other, instead of one-way.
(1) case supervision. In the building stage, the people's Procuratorate think of the public security organ shall be the case on file for investigation and not placed on file for investigation, have the right to request the public security organs that do not file a reason.
(2) review of arrest in supervisory process.
The supervision on investigative activities.
The supervision to arrest.
(3) stage of review and prosecution supervision.
The supervision on investigative activities.
The supervision of the prosecution.
(4) supervision and trial stage.
The supervision on court activity.
The supervision of adjudication of first instance.
The supervision of the judgment.
(5) the implementation phase of the supervision.
The on-site supervision over the execution of death penalty.
The supervision and execution of sentence outside prison.
The supervision of commutation, parole.
The execution of criminal punishments by executing organs supervise the legality.
Citizens of all ethnic groups in section seventh, have the right to use their language in the proceedings
　　
"Criminal Procedure Law" the ninth regulation, citizens of all nationalities have the national language of litigation rights. The people's court, the people's procuratorates and the public security organs to not understand the local language lawsuit participates in a person, should provide for their translation. The minority or ethnic areas, should be tried in the language or languages, commonly used in the locality issue judgments, notices and other documents of the text.
This principle include the following contents:
(1) the use of the minority language rights;
(2) the public prosecutor, judicial organs to use local language obligations;
(3) the public prosecutor, judicial organs provide translation of obligation.
　　
Section eighth crime suspect, the accused has the right to defense
　　
"The constitution" the 125th regulation, the defendant has the right to defense.
There are provisions in the defense right "constitution", as the contents of the system are discussed with the provisions in the "criminal law".
(1) the suspects, defendants have the right to defend.
(2) the public prosecutor, judicial organs have the obligation to protect the defendants have the right to defense.
Defense right without any restrictions, more can't deprive.
To defend the right of criminal suspects and defendants, as an important litigation right should be guaranteed, so the procuratorial organs have told him he has the right to entrust defenders obligations, the court also has the duty of disclosure after accepting the case, the court process, the presiding judge shall announce litigation rights, including the right to defense. Secondly, under the provisions of the law case, when the defendant's counsel did not entrust, the court should some when appoint one for him, and some can appoint one for him. The realization of the right to defend the security.
　　
The ninth section without the approval of the people's court to sentence, no person shall be found guilty
　　
"Criminal Procedure Law" provisions of article twelfth, without the approval of the people's court to sentence, no person shall be found guilty.
This principle includes the following basic meaning:
1 specifies the defendant guilty of power by the people's court to exercise unified, any other organs, organizations and individuals have no right to exercise.
2 people's court decision defendant guilty, must be strictly in accordance with legal procedures, to enjoy the defendant the right of Defense Based on the full, composed of qualified independent courts of justice, public trial.
3 from this principle can be seen in the use of instruments, determined guilty verdict.
Provisions reflect this principle in criminal procedure
Title 1
The accused in criminal proceedings, called the suspect or the accused, because different stages of litigation, so the term is also different. In cases of public prosecution in the prosecution before will be held is called the suspect, prosecution and was known as the criminal defendant.
2 the distribution of burden of proof: the accusing party shall bear the burden of proof, the defendant assumes the obligation to prove his innocence.
3 for lack of evidence, accused of a crime can not be established cases, the procuratorial committee decided to make the decision not to initiate a prosecution. The people's court shall make a lack of evidence, accused of a crime can not be established the not guilty verdict.
4 "Criminal Procedure Law" 162nd article third provisions "insufficient evidence, not the defendant is guilty, should make the evidence is insufficient, the failure of the charged crime verdict of innocence."
　　
Section tenth safeguard the litigation rights of litigation participants

The contents of this section will be in the "specialized agencies and the participants in the proceedings" in this chapter to explain.
The eleventh section has legal circumstances shall not be subject to criminal liability
　　
　　"Criminal Procedure Law" article fifteenthRegulations, any of the following circumstances, no criminal responsibility, has been investigated,ShouldWithdrawal of the case, or not to prosecute, or termination of the trial, or declared innocent:
(1) the plot remarkable slight, little harm, not deemed a crime;
(2) the limitation period for prosecution of the crime has been;
(3) the amnesty exemption from punishment;
(4) in accordance with the "criminal law" that crime, or withdraw to tell not tell;
(5) the suspect, the defendant's death;
(6) other laws provide an exemption from investigation of criminal responsibility.

　　One, the legal no criminal liability
The 1 plot remarkable slight, little harm, not deemed a crime. This is the "criminal law" stipulates that the thirteenth proviso. Of note, here defined plot "is obviously minor," and "criminal law" article 142nd paragraph second to make the discretional non prosecution conditions, namely, the circumstances of the crime "slightly different".
2 criminal prosecution deadline has passed.
"Criminal law" the provisions of article eighty-seventh, the following term would no longer be prosecuted for criminal:
(a) maximum statutory penalty dissatisfied with five years in prison, after five years;
(two) the statutory maximum sentence of five years and less than ten years in prison, after ten years;
(three) maximum statutory penalty for more than ten years, after fifteen years;
(four) the maximum prescribed punishment is life imprisonment or death, after twenty years. If that must be prosecuted after twenty years, the matter shall be submitted to the approval of the Supreme People's procuratorate.
"Criminal law" the provisions of article eighty-eighth, the people's Procuratorate, the public security organ, the state security organs for investigation or the people's court has accepted the case, escapes from investigation or trial, no limitation on the period for prosecution. After the victim brings a charge within the period for prosecution, the people's court, the people's Procuratorate, the public security organ shall file the case and will not put on record, no limitation on the period for prosecution.
3 after an amnesty from criminal penalty. In our country, the Standing Committee of the National People's Congress has the power to decide an amnesty. The amnesty order has effect of termination shall be investigated for criminal law.
4 in accordance with the "criminal law" that crime, or withdraw to tell not tell.
"Criminal law" the 246th regulation, by violence or other methods, openly insulting others or fabricating facts to slander others, if the circumstances are serious, is less than three years imprisonment, criminal detention, control or deprivation of political rights. The crime mentioned in the preceding paragraph, tell just processing, but the serious harm to the social order and national interests except. (insult libel)
"Criminal law" the provisions of article 257th, uses violence to interfere with another person's freedom of marriage, is less than two years imprisonment or criminal detention.
The crime mentioned in the preceding paragraph, causes death to the victim, two to seven years in prison. (violent crime of interference with the freedom of marriage)
"Criminal law" the provisions of article 260th, maltreatment of family members, if the case is serious, a fixed-term imprisonment less than two years, criminal detention or control.
The crime mentioned in the preceding paragraph, cause the victim serious injury, death, more than two years to seven years in prison. (Crime of abuse)
"Criminal law" the provisions of article 270th, the custody of property of others illegally for himself, the larger amount, refusing to return, is less than two years imprisonment, criminal detention or a fine; if the amount involved is huge or other serious circumstances, two years less than five years imprisonment, fined. Others are forgotten or buried property illegally for himself, the larger amount, if he refuses to do so, shall be punished in accordance with the provisions of the preceding paragraph. The crime handled only, tell. (crime)
"Criminal law" the ninety-eighth regulation, as mentioned in this Law refers to tell just processingThe victimTell just processing. If the victim because of coercion, intimidation and cannot tell, people's Procuratorate or a close relative of the victim may also tell.
5 criminal suspects, defendants to death. If the criminal suspect, the defendant's death, shall be investigated for criminal responsibility has no meaning, therefore, shall not be prosecuted. "Death" just consequences, regardless of the cause. China's criminal law of the unit crime shall be double penalty system, if the units bankruptcy or cancelled, as long as the person in charge or directly responsible shall be investigated for criminal responsibility was, as usual, if the person in charge directly responsible persons or death in criminal proceedings, criminal proceedings.
6 other laws provide an exemption from investigation of criminal responsibility. The special law is superior to common law principles.

　　Two, in handling legal cases
According to this principle, the criminal responsibility should not be investigated the legal situation of cases, should make different treatments according to the different circumstances of the case and the stage of the proceedings at. "Criminal Procedure Law" the fifteenth regulation, any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or declared innocent.
Treatment of 1 cases stage (not on file, shall not be accepted)
2 the investigation stage (canceled)
The 3 stage of review and prosecution treatment (non prosecution)
"262nd rules of the Supreme People's rule", the public security organ for examination and prosecution of cases: (1) found that the suspect has no offence, it shall make a written explanation will return the books deal with the public security organs; (2) found that the crime is not the criminal suspect, it shall make a written explanation will return the books of public security organs and the public security organ should re investigation. If the criminal suspect has been arrested, shall revoke the decision of arrest, notify the public security organ to immediately release.
4 trial stage. In accordance with the "Criminal Procedure Law" Fifteenth article of the cases, should judge acquitted; for the other five cases, shall be ordered to terminate the trial.
[example, multiple-choice] the suspect a in 1994 for trifles will escape after neighbors poke into minor injuries, the Spring Festival in 2000, he thought it was home to have the Spring Festival victim after the discovery, report to the local public security organ, requirements shall be prosecuted for criminal responsibility, the decision of the public security organ for investigation and detention, shall be reported to the people's Procuratorate approved the arrest, then on the case it should be how to deal with? 2003.
A. the people's Procuratorate shall make a decision not to approve arrest
B. the people's Procuratorate shall make a decision of the supplemental investigation
C. the public security organ shall make revocation case decisions
D. the public security organs shall release the suspect and issued a release certificate
　　[Q & a number 911020201: the title question]
Answer: ACD
Analysis: the case has traced aging, procuratorate to do not arrest decision, the public security organ to make a withdrawal of the case decision, should also be released and issued a release certificate of criminal suspects. Therefore, ACD.
[] some examples, the people's Court on the defendant Mr. Cao and other common robbery case made the first instance judgment, Cao Mou is admitted to guilty fact, only with heavy sentence on the grounds of appeal, other defendant does not appeal, the people's Procuratorate did not protest. The second instance court think Cao constitute a crime, but Jo in two trial before the death, the court of second instance should be how to deal with this case? 2004.
The A. ruled the case trial termination, the original judgment shall automatically become effective.
The B. ruling on the appeal trial termination, to maintain the first instance judgment.
C. decision to withdraw the first instance judgment, remanded by the court for retrial.
D. announced a trial termination of Cao, the other defendants shall still be a judgment or ruling.
　　[Q & a number 911020202: the title question]
Answer: D
Analysis: "the Supreme People's court" interpretation of the provisions of article 248th, the common crime case, if the defendants filing an appeal of death, other defendant does not appeal, the people's Court of second instance shall examine the case. Defendants in death does not constitute a crime, shall be acquitted; review that constitutes a crime, shall be announced the termination of the trial. The other co defendants should make a judgment or ruling. B. D.
[example], the people's Procuratorate investigation of the city, a business secretary used his powers to revenge others set up a case, the investigation found criminal prosecution deadline has passed, the people's procuratorate should be how to deal with? 2004.
A. not to prosecute
B. to withdraw the case
C. acquitted
D. transferred to court
　　[Q & a number 911020203: the title question]
Answer: B
Analysis: it was found that the crime has been traced back the time limit people's Procuratorate in the course of the investigation, it shall revoke the case. B. B.
[example] a court, the decision of the trial Zhang corruption case, the defendant Zhang in sudden cardiac death before the court, the court should be how to deal with? 2005.
A. decision to withdraw the case
B. declared the defendant Zhang
C. ordered to terminate the trial
The people's Procuratorate handling D. returned to the prosecution
　　[Q & a number 911020204: the title question]
Answer: C
Analysis: review of the court before the court is a procedural review, not a substantial review, Zhang died before the court, the court has not started, not guilty or not guilty, choose C.
[example], the procuratorate for suspected fraud prosecution of armour, the court, court ascertained that the man's behavior belongs to "criminal law" the provisions of the "will to take custody of property of others illegally for himself and refuses to return the embezzlement behavior", in this case the hospital refused to withdraw his prosecution, which methods the court is correct? 2007.
A. reject
B. ordered to terminate the trial
C. diameter to make judgment of acquittal
D. to the crime of embezzlement a guilty verdict
　　[Q & a number 911020205: the title question]
Answer: B
Analysis: fourth cases I'd "Criminal Procedure Law" provisions of article fifteenth, in accordance with the "criminal law" that crime, or withdraw to tell not tell. B. B.
[example], the one electron science and technology limited company was indicted on suspicion of the crime of falsely making out special invoices for value-added tax, the company chairman, general manager, accounting and other 5 were identified as personnel directly responsible for the crime unit. In court, the company cancelled. Treatment of court, which of the following statements are true? 2008.
A. went on trial
The B. trial termination
Termination of the C. trial, the prosecution of the company chairman, suggested that the general manager, accounting, be prosecuted
D. returned to the procuratorial organs, procuratorial suggestion organs on the company board chairman and general manager, and accounting, be prosecuted
　　[Q & a number 911020206: the title question]
Answer: A
Analysis: the "provisions on some problems in the implementation of" the people's Republic of China Criminal Procedure Law > interpretation of "the 215th Supreme People's court, the people's Court of unit crime, the unit is cancelled or declared bankrupt, the directly responsible persons in charge of unit crime and other personnel directly responsible shall bear criminal responsibility, shall continue the trial. Therefore, the correct answer is A.
[example], the on the stage of review and prosecution, the criminal suspect to death, but the suspect deposit, remittance shall be confiscated according to law, which of the following statements are true? 2008.
A. by the people's Procuratorate shall make a decision not to prosecute suspects, and confiscated deposit turned over to the state treasury, or returned to the victim
B. by the Procuratorate made to withdraw the case decision, and the confiscation of criminal suspects deposit turned over to the state treasury, or returned to the victim
C. by the procuratorate to decide not to initiate a prosecution, inform the financial institution and apply to the court for an order freezing the suspect deposit, remittance turned over to the state treasury or returned to the victim
D. by the Procuratorate made to withdraw the case decision, and apply to the court for an order to inform the financial institution to freeze the suspect deposit, remittance turned over to the state treasury or returned to the victims
　　[Q & a number 911020207: the title question]
Answer: C
Analysis: "criminal procedural law" the fifteenth regulation, any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or acquittal: (a) plot remarkable slight, little harm, not deemed as a crime; (two) of prescription of prosecution of crime the term has expired; (three) the amnesty punishment; (four) in accordance with the criminal law that crime, tell or withdraw told not; (five) the suspect, the defendant's death; (six) other legal provisions of exemption from investigation of criminal responsibility. The provisions of article 142nd, the suspect is one of the fifteenth article of the cases, the people's Procuratorate shall make a decision not to initiate a prosecution. For minor crimes, in accordance with the criminal law does not require punishment or be exempted from punishment, the people's Procuratorate may decide not to initiate a prosecution. The people's Procuratorate decides not to prosecute the case, it shall at the same time during the period of investigation, the lifting of the seizure, freezing and frozen property. Not to be prosecuted person needs to be given administrative punishment, administrative punishment or need to confiscate the illegal income, the people's Procuratorate shall make suggestions, to the relevant competent authority for disposal. The competent authority shall timely notify the people's Procuratorate results. According to the above provisions, the prosecution stage the death of suspects in the review,'s Procuratorate shall make a decision not to prosecute, rather than made to withdraw the case decision, therefore, can eliminate AD, the confiscation of illegal property, procuratorate cannot directly, shall be transferred to the relevant competent authority for disposal, thus excluding B. "Procuratorate rules" provisions of article 239th, the people's Procuratorate to withdraw the case, the illegal income of the suspect should distinguish the different situation, make corresponding processing: (a) because the suspect death and withdrawal of the case, if the frozen suspect deposit, remittance shall be confiscated or returned to the victim, may apply to a people's court notice to the Treasury, frozen organs or return; for other reasons to withdraw the case, direct notice freeze authorities turned over to the state treasury or returned to the victims. (two) on the illegal income held in the people's Procuratorate suspects shall be confiscated, shall present procuratorial suggestions, and transfer them to the relevant competent authorities; need to return to the victim, directly determine the returned to the victim. According to the procuratorate to withdraw the case when processing procedures and confiscate the illegal income of knowable, C statement is correct.
[example] · multiple-choice questions about not be investigated for criminal responsibility according to law case, which of the following statements is true? 2008.
A. suspects a and B in the stage of review and prosecution victim compensation agreement, B asked not to pursue a victim of criminal responsibility
B. a embezzlement case, the victim no prosecution
C. is a high crime plot slight, little harm to society (non prosecution discretion)
D. suspects Bai Mou was captured in the Dutch act before death
　　[Q & a number 911020208: the title question]
Answer: BD
Analysis: "criminal procedural law" the fifteenth regulation, any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or acquittal: (a) plot remarkable slight, little harm, not deemed as a crime; (two) of prescription of prosecution of crime the term has expired; (three) the amnesty punishment; (four) in accordance with the criminal law that crime, tell or withdraw told not; (five) the suspect, the defendant's death; (six) other legal provisions of exemption from investigation of criminal responsibility. Thus the correct answer is BD
The twelfth section shall be investigated for criminal responsibility for foreigners in the criminal procedure law of China
　　
"Criminal Procedure Law" provisions of article sixteenth, to foreigners who commit crimes for which criminal responsibility should be investigated, apply the provisions of this law. For foreigners who enjoy diplomatic privileges and immunities shall be investigated for criminal responsibility of the crime, be resolved through diplomatic channels. The principle is the concrete embodiment of the principle of national sovereignty in criminal proceedings. (through diplomatic channels, generally refers to the suggested sending country in accordance with the law; declared persona non grata; ordered deadline exit; announced the expulsion.)
Several problems about the implementation of "the people's Republic of China Criminal Procedure Law" provisions of article 313rd in the interpretation of the Supreme People's court, the case concerning the interpretation of the mean:
(a) within the people's Republic of China, the foreigner crime or civil violations of the legitimate rights of criminal cases of foreigners;
(two) outside the people's Republic of China, under any of the circumstances prescribed in article eighth of the criminal law in line with foreigners , tenth of the people's Republic of China national and civil crime and China citizens crime;
(three) in accordance with Article ninth of the criminal law provisions, the people's Republic of China in the international treaty obligations within the scope of the exercise of jurisdiction of the case.
The provisions of article 314th, foreign nationality identification with its entry to be confirmed; of unknown nationality, to the public security organs in the Foreign Affairs Department identified as. Nationality did not identify, treat in a stateless person, hearing the applicable criminal procedure.