The seventeenth chapterThe procedure for trial supervision

Article 371stThe party or his legal representative, close relative to a legally effective judgment, ruling appeal, the people's court shall review.

The case that a legally effective judgment, ruling infringed upon their legitimate rights and interests, the people's court shall review.

The complaint may entrust a lawyer for.

Article 372ndTo the people's Court of appeals, shall submit the following materials:

(a) the complainant. The basic situation, the parties shall specify the contact way and the facts and reasons;

(two) the original one, the second judgment, ruling and other legal documents. After the people's court to review or retrial, shall be accompanied by a rejection notice, the retrial decision, then the judgment, ruling;

(three) and other related materials. A new proof of the original decision, ruled that the fact that there are errors on the grounds of appeal, should be accompanied by the relevant evidential materials; apply to the people's courtInvestigation and evidence collection, shall be attached with relevant clues or materials.

The complaint does not comply with the provisions of the preceding paragraph, the people's court shall notify the complainant supplementary materials; the plaintiff refuses to supplement of necessary materials without a justifiable reason, not review.

Article 373rdThe complaint by the final review by the people's court processing. However, the people's Court of second instance ruled to permit the withdrawal of the appeal case, the complainant must appeal to the first trial by a people's Court of first instance, review.

A higher people's Court of final appeal to the people's court to review the treatment without complaint, can inform the complainant to appeal to the people's court, or directly to the people's court review process, and inform the complainant; case difficult, complex, major, can also direct the review process.

Without the people's courts and the people's court at a higher level to review the treatment, appeal directly to the people's court at a higher level, the people's court at a higher level may inform the complainant submitted to the people's court at a lower level.

Article 374thDeath penalty cases on appeal, the people's court may directly examine the original approval processing, can also be made by the people's Court of review. The people's court shall write a review report, put forward opinions, the people's court shall submit the original approval process.

Article 375THOn the filing review the appeal case, it shall make a decision within three months, no later than six months.

After review, one of the following circumstances, shall be in accordance with the provisions of article 242nd of criminal procedure law, decided to re trial:

(a) there is new evidence to prove that the original decision, ruled that the fact that there are errors, may affect the conviction and sentencing;

(two) according to the conviction and sentencing evidence does not really, not fully in accordance with the law, should be excluded;

(three) the proof by contradiction between the main facts of the case evidence exists;

(four) the main facts were to change or cancel;

(five) found charges error;

(six) the sentencing is obviously inappropriate;

(seven) in violation of the law ofRetroactivityRegulations.

(eight) violating the legal procedure, which may affect the fair judgment;

(nine) the trial in the case when there areBribery and corruption, play favouritism and commit irregularities, perverting the law behavior.

The appeal is not the case, we should persuade the complainant to withdraw the appeal; still insists on the appeal, shall notify in writing the rejected.

Article 376thHas any of the following circumstances, may change the original judgment, ruling according to the conviction and sentencing evidence, should be identified as new evidence in criminal procedure law 242nd paragraph "":

(a) the original decision, ruled that the new evidence was found after the entry into force of the;

(two) the original judgment, ruling before the entry into force have been found, but not to collect evidence;

(three) the original judgment, ruling before the entry into force have been collected, but without evidence;

(four) the original decision, ruled that the expert opinion on the basis of the inspection, examination, notes or other evidence to be changed or negative.

Article 377thThe complainant to dismiss the appeal decision, it may appeal to the people's court at a higher level. Review by the people's court at a higher level that the plaintiff does not comply with the provisions of the criminal procedure law and the 242nd to explain the 375TH paragraph second, should persuade the complainant to withdraw the appeal; still insists on the appeal, shall be dismissed or notice shall not be re trial.

Article 378thPresident of the people's courts at all levels of the hospital found that a legally effective judgment, ruling is wrong, should be submitted to the judicial committee for discussion and decision whether to review.

Article 379thThe superior people's court at a lower level people's court a legally effective judgment, ruling is wrong, can direct the people's court at a lower level of retrial; the original decision, ruled that the facts are correct but erroneous application of the law, or case difficult, complex, serious, or not by the people's court hearing the case, can also be questioned.

Superior people's court to order the lower court to rehear, should in general be an inferior people's court for the people's court outside instruction by the people's court hearing; hearing more conducive to ascertain the facts, correct the error, the people's court may order.

Article 380thIf the people's Procuratorate in accordance with the procedure for trial supervision a case protested by a people's court shall file the case, after receiving the protest after a month. However, any of the following circumstances, it shall be dealt with different situations:

(of a) is not under its jurisdiction, the case should be returned to the people's procuratorate;

(two) according to the protest provides address not to protest the defendant of the original instance to protest, shall notify the people's Procuratorate to provide the defendant of the original instance address within three days; if it fails to provide, the case was returned to the people's procuratorate;

(three) to present a protest to the new evidence on the grounds, but not attached the relevant evidence materials or evidence not pointing to the facts of the original prosecution, shall notify the people's Procuratorate to send related materials within three days; if it fails to send, the case to the people's procuratorate.

Decided to protest the case back to the people's Procuratorate to supplement the relevant materials, again after the protest, the review in line with the conditions for acceptance, the people's court shall accept.

Article 381stIf the people's Procuratorate in accordance with the procedure for trial supervision protest cases, accepted by a people's court shall form a collegial panel trial. The original facts unclear, insufficient evidence, including new evidence to prove that the judgment may be wrong, need to order the lower court to rehear, shall make a decision after docketing the case within one month, and will command the retrial decision of a people's Procuratorate shall deliver the protest.

Article 382ndIn accordance with the procedure for trial supervision to decide anew for the trial of the case, except the people's Procuratorate, the people's court shall make a retrial decision. The original judgment, the execution of the ruling shall not stop the retrial period, but the defendant may the retrial commuted innocence, or may reduce the original sentence penalty and retrial sentence expires, may decide to terminate the original judgment, the execution of the ruling shall, when necessary, may be on the defendant to bail, residential surveillance measures.

Article 383rdIn accordance with the procedure for trial supervision to the trial of the case, the people's court shall hear key reason for complaint, appeal and retrial. When necessary, should be on the original judgment, ruling the facts, evidence and the law that a comprehensive review of.

Article 384thThe people's court hearing in accordance with the procedure for trial supervision to the trial of the case shall form a new collegial panel.

It is a case of first instance, shall be carried out in accordance with the procedure of first instance trial, judgment, ruling may appeal, appeal; it is the second instance trial, or is a superior people's court case, should be in accordance with the procedure of second instance trial, judgment, ruling is final judgments, rulings.

On the defendant, the prosecutor has the death or incapacity of retrial cases, can not hearing.

Article 385thThe trial of the case of retrial, the retrial decision or protest only some parts of the defendants, the other co defendants did not appear in court does not affect the hearing, can not appear in the proceedings.

Article 386thIn addition to the people's Procuratorate to protest, retrial shall generally not aggravate the penalty of the defendants. The retrial decision or protest only some parts of the defendants, the other co defendants shall not impose a heavier punishment.

Article 387thThe people's court protested by the people's Procuratorate, the people's Procuratorate before a court shall decide to withdraw the protest, the people's Procuratorate received a notice of appearance; do not send its personnel to the court, and does not explain the reason, can be ruled according to withdraw the protest, and notify the participant in the case.

The people's court plaintiff appeal retrial cases, the complainant to withdraw the appeal in the retrial period, shall make a ruling to the complainant according to law; notice refuses to do so without justified reason, or midway without permission by the court adjourned, shall make a decision according to withdraw the appeal, but the complainant is not the party except.

Article 388thThe trial of the case of retrial, the people's court retrial, the members of the collegial panel read book retrial; Department of people's Procuratorate, the procuratorial personnel read out the protest; Department of the complainant complaint, by the complainant or the defender, agent ad litem for Chen Shushen v..

Article 389thThe retrial case after a re trial, shall handle it according to the following circumstances:

(a) the original judgment, ruling to find the facts and the applicable law is correct, appropriate sentencing, it shall dismiss the appeal or protest, maintain the original judgment, ruling;

(two) the original judgment, ruling the conviction is accurate, appropriate sentencing, but there is a flaw in the fact, the applicable law etc., shall order corrective and maintain the original judgment, ruling;

(three) the original decision, ruled that the fact that there is no error, but the error in the application of the law, or the improper, it shall revoke the original judgment or ruling, the judgment shall be amended according to;

(four) in accordance with the procedure of second instance court cases, the original decision, ruled that the facts are not clear or the evidence is insufficient, can be changed after ascertaining the facts, or it may rescind the original judgment, remanded by the people's court re trial.

The original decision, ruled that the facts are not clear or the evidence is insufficient, the facts have been ascertained through trial, should be based on clear facts according to the law; the fact is not clear, the evidence is insufficient, not the defendant is found guilty, it shall revoke the original judgment or ruling, the defendant not guilty verdict announcement.

Article 390thThe original decision, ruled that the defendant names and other identity information is incorrect, but the facts and the applicable law is correct, appropriate sentencing, the people's court which made the effective judgment, ruling by ruling corrected for information.

Article 391stThe re trial acquitted and enjoys the rights of the parties to apply for state compensation in accordance with the law, the people's court, shall inform the State Compensation Law may apply in a legally effective judgment.

The eighteenth chapterForeign criminal trial and judicial assistance

Article 392ndForeign criminal case of 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) conforms to the citizens of our country under any of the circumstances prescribed in article seventh of the criminal law, article tenth in the territory of the people's Republic of criminal cases;

(three) in accordance with Article eighth of the criminal law, foreigners under any of the circumstances prescribed in article tenth of the people's Republic of China national or civic crimes;

(four) in accordance with Article ninth of the criminal law of the people's Republic of China under the circumstances stipulated in the undertaking international treaty obligations within the scope of the exercise of jurisdiction of the case.

Article 393rdForeign criminal cases of first instance, in addition to the criminal procedure law of twentieth to the provisions of article twenty-second, governed by the basic people's court. When necessary, can be specified within the jurisdiction of the intermediate people's Court of first instance jurisdiction of the grassroots people's Court on criminal case, also can be in accordance with the provisions of the twenty-third criminal procedure law, the trial jurisdiction of the basic level people's Court of first instance criminal cases.

Article 394thForeign nationality, according to the valid certificates when their entry confirmation; unidentified, according to the public security organ or the relevant countries embassies, consulates issued to confirm.

Nationality cannot be ascertained, and treated as a stateless person, applicable to the relevant provisions in this chapter, in the judgment, stating "of unknown nationality".

Article 395thIn the criminal procedure, the foreign party has the legal provisions of our country litigation rights and assume corresponding obligations.

Article 396thForeign criminal case during the trial, the people's court shall be promptly informed of the following foreign affairs departments of the people's government at the same level, and notify the relevant countries embassies, consulates:

(a) the decision of the people's Court of foreign nationality defendants take mandatory measures, including foreign names of the parties (including translation), gender, immigration enforcement measures time, passport or certificate number, take and the legal basis, place of detention etc.;

(two) a time, place, whether or not a public hearing and other matters;

(three) a time, place.

Foreign criminal case after the verdict, it shall timely report the handling results to the Foreign Affairs Department of the people's government at the same level.

Foreign nationality defendant executed, the death penalty ruling issued before the execution, it shall notify its nationality country Embassy, consulate.

A foreign defendant in the case of death, shall timely notify the foreign affairs departments of the people's government at the same level, and notify the relevant countries embassies, consulates.

Article 397thNeed to relevant countries embassies, consulates notice related matters, shall be reported level by level to the higher people's court, the higher people's court notice in accordance with the following provisions:

(a) the foreign nationality of China and China signed a bilateral consular treaty, according to the provisions of the Treaty for; not signed the bilateral consular treaty with China, but to participate in the "Vienna" Convention on Consular Relations, handled according to the provisions of the Convention; not signed the consular treaty with China, also did not participate in the "Vienna Convention on Consular Relations" however, diplomatic relations with China, according to the opinions of the competent administrative department of foreign affairs, in accordance with the principle of reciprocity, handle according to relevant regulations and international practice;

(two) in foreign embassies and consulates bring foreign criminal cases occurred in the region, notify consulates of foreign diplomats in the region; in foreign consulate brought foreign criminal cases occur outside the District, notify the relevant foreign embassies; diplomatic relations with China, but has no diplomatic, consular country, can inform the hosting country Embassy the Consulate, no country or countries; the escrow escrow is unknown, can not notice;

(three) bilateral consular treaty provisions notice period, should notice within the prescribed time limit; signed bilateral consular treaty provisions, shall, according to the "Vienna Convention" or refer to the consular relations and international practice as soon as possible, not later than seven days;

(four) bilateral consular treaty no provisions must notice, a foreign party concerned requirements do not inform their country of citizenship embassies, consulates, may not notice, but it should be a written statement issued by its own.

The higher people's courts to foreign embassies, consulates notice related matters, when necessary, ask the competent department of the government to help foreign people.

Article 398thThe people's court shall inform the criminal case, enjoy the foreign defendant in custody and nationality country Embassy, consulate, and the guardian, close relatives meet, communication, and the right to request the people's court to provide translation.

Article 399thForeign criminal case during the trial, the defendant in custody of foreign nationality, the nationality country Embassy, consulate officials asked the visitation, the higher people's Court of the people's court may apply to the case of the proposed. The people's court shall be arranged according to the sign of our country and nationality of the accused the provisions of bilateral consular treaty limits; no treaty provisions, shall be arranged as soon as possible. When necessary, can ask the competent department of the government affairs people's assistance.

Foreign criminal case during the trial, the foreign defendant in custody, the guardian, close relatives for the meeting, the higher people's Court of the people's court to the acceptance of the case to put forward, and provide proof of relationship with the defendant in accordance with the provisions of article 403rd of the interpretation. The examination of the people's court that does not interfere with the judges, be approved.

The defendant refused to accept the visit, met, can not be arranged, but it should be a written statement issued by its own.

Visit, meeting shall abide by the laws and regulations of our country the defendant.

Article 400thThe people's Court of criminal case, shall be open to the public, but the law should not be heard in public except.

Foreign criminal case hearing, foreign nationality country Embassy, consulate officials asked the audience, the higher people's Court of the people's court to the acceptance of the case to the people's court shall apply, arrangement.

Article 401stThe people's Court of criminal case concerning foreign affairs of the people's Republic of China, the use of common language, language translation, should be provided to foreign parties.

The people's court litigation documents in text. A foreign party concerned does not understand Chinese, shall be accompanied by a translation, translation is not affixed with the seal of the people's court, the Chinese version shall prevail.

A foreign party concerned with China language, text, translation to others, or do not need foreign language translation of litigation documents shall be written statement, issued by its own.

Article 402ndA foreign defendant entrust a lawyer, or a foreign plaintiff of the supplementary civil action, prosecutor attorney agency action, should be entrusted with the people's Republic of ChinaThe lawyer qualificationAnd obtained the practicing certificate of the legal.

Foreign defendants in custody, the guardian, close relatives or their country of citizenship embassies, consulates can to entrust defenders. The guardian, close relatives to entrusted, shall provide effective proof of relationship with the defendant.

A foreign party concerned entrusts its guardian, close relatives as the defender, agent ad litem, effectively proves to be the principal shall provide with the parties. After review, in accordance with the criminal procedure law, the relevant judicial interpretation of the provisions, the people's court shall permit.

The foreign nationality if the accused does not entrust a defender, the people's court may inform the legal aid institutions to provide justification for the assignment of counsel. The accused refused to defence, shall submit a written statement issued by it, or its oral statement on record. The defendant shall be to provide legal aid cases, according to the interpretation of the provisions of article forty-fifth treatment.

Article 403rdA foreign party concerned from outside the people's Republic of China mailed or delivered to the Chinese lawyers or Chinese citizensPower of attorneyProof of foreign parties, as well as the guardian, close relatives provide and client relationship, shall be notarized by a notary public of the country, the central competent authority of foreign country or its authorized agency certification, and by the Chinese embassies, consulates, but in our country, and the country between except mutual exemption of authentication protocol the.

Article 404thDefendant of criminal case, may decide to exit restrictions; on the trial case must be present in court witness, can request to suspend the exit. Make a decision prohibiting, shall notify the public security organ at the same level or the state security organ; restrictions on foreigners exit, shall also inform the people's government at the same level foreign affairs departments and nationality country Embassy, consulate.

The decision of the people's court restrictions on foreigners and China outbound, shall notify in writing the exit restrictions in the case not to leave before the end, and can withhold passport or other travel documents to limit their exit; to detain documents, shall perform the necessary formalities, and prove to me to detain documents.

The need for the frontier inspection station stop foreigners and China outbound, cases handled by the people's court shall be reported level by level to the higher people's court, by a higher people's court fill port stop exit notice, to the public security organ at the same level for traffic control procedures. The control port is not within the province, autonomous region, municipality directly under the central government, should be through the relevant provinces, autonomous regions, municipalities directly under the central government, public security organs to deal with traffic control procedures. In case of emergency, if necessary, can be the first to the frontier inspection station traffic control, and then completing the traffic control procedures.

Article 405thThe evidence from the outside, the people's court shall examine the source of material, human, time and extraction, extraction time. After review, to prove the facts of the case and in accordance with the provisions of the criminal procedure law, can be used as evidence, but human or signed between China and relevant countries bilateral treaties the usage scope of materials have definite restrictions except; material of unknown origin or its truth cannot be identified, shall not be taken as a basis.

The parties concerned and the defenders and agents ad litem, provide evidence of material from the outside, the evidence materials shall be notarized by the notary public of the country, the central competent authority of foreign country or its authorized agency certification, and by the Chinese embassies, consulates authentication.

Article 406thForeign criminal case, consistent with the 202nd law of criminal procedure in the first paragraph, the provisions of article 232nd, approved by the people's court or decision, can extend the trial period.

Article 407thForeign criminal case after the verdict, foreign nationality country's embassies, consulates require the judgment documents, the higher people's court where the people's court to the acceptance of the case to the people's court may provide.

Article 408thAccording to the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, the people's court and foreign court may request each other to criminal judicial assistance.

Requested by a foreign court, the loss of the people's Republic of China's sovereignty, security, social and public interests, the people's court shall not support.

Article 409thRequest for the providing of judicial assistance shall be carried out in accordance with the relevant provisions of the international treaties, the way of the people's Republic of China has concluded or acceded to; no treaty relations, through diplomatic channels.

Article 410thThe people's court for judicial assistance abroad, shall be approved by the higher people's court review submitted to the Supreme People's court agreed to review.

For judicial assistance of our country foreign courts, which belongs to the scope of functions and powers of the people's court, upon examination and approval of the Supreme People's court after the turn of the people's court for.

Article 411stA written request for judicial assistance to foreign courts and the accompanying documents, shall be accompanied by other language specified in translation in the language of that country or international treaties.

A written request for judicial assistance of our country foreign court and the accompanying documents, shall be accompanied by Chinese translation or a text in another language specified in the relevant international treaties.

Article 412ndThe people's court to outside the people's Republic of China live in the party served the criminal litigation documents, can adopt the following methods:

(a) according to the addressee conclude where the person resides and the people's Republic of China in accordance with the international treaties or common way;

(two) through diplomatic channels;

(three) the parties to the Chinese Ji, can entrust our Embassy in the home country of the addressee, the consulate for delivery;

(four) the party is a case of private prosecution or the plaintiff of the supplementary civil action, to have the right to receive the service for it the agent ad litem;

(five) the parties are foreign units, may apply to the representative offices set up within the territory of the PRC or is entitled to receive service branches, business agent service;

(six) the home country of the addressee permitted by law, may be served by post mail; since the date of three months, the receipt of service did not return, but according to various circumstances justify the assumption that has been delivered, the service shall be deemed;

(seven) the home country of the addressee permitted by law, can send a fax, email to confirm the person to be served on all the way.

Article 413rdThe people's court to outside the people's Republic of China to live the addressee to criminal litigation documents through diplomatic channels, the documents shall be served by the higher people's court review examines the Supreme People's court. The Supreme People's court that can be issued by the Supreme People's court, the Department in charge of the Ministry of foreign affairs by hand.

The foreign court through diplomatic channels to request the people's Court on criminal litigation documents, by the Embassy of the country will be legal documents turned over to the competent foreign ministry department of our country to the Supreme People's court. The Supreme People's Court of audit of the view that belong to the scope of functions and powers of the people's court, and can be served, should be related to the people's court for.

Article 414thOther matters in foreign criminal proceedings, handled in accordance with the law, the judicial interpretation and other relevant provisions.

The nineteenth chapterExecutive program

The first sectionImplementation of the death penalty

Article 415thWas sentenced to death with a two-year suspension of execution of criminals, during the execution of the intentional crime, should be the intermediate people's court by criminals to trial in accordance with the law, the decision may be appealed, protest.

That constitute intentional crime judgment, ruling becomes legally effective after the approval of the Supreme People's court, it shall report the death penalty.

Article 416thDuring the execution of the judgment or ruling, the legal document approval of the death sentence with a reprieve pronounced or calculated as of the date of receipt.

Death sentence with a reprieve expires, should be reduced in accordance with the law, the people's court shall timely commutation. Upon the expiration of the term of suspension of execution of death penalty to life imprisonment, the prison term, since the death sentence with a reprieve expires date.

Article 417thThe Supreme People's court execution command, by a higher people's court to the people's Court of first instance execution. The people's Court of first instance to execute command, shall be executed in seven days.

During the period of suspension of execution of death penalty crime, the Supreme People's court approved the death penalty criminals, by the intermediate people's court to execution.

Article 418thImplementation of the people's Court of first instance after receiving the command, execution, found in any of the following circumstances, the execution shall be suspended, and the request immediately stop the execution report and related materials via the Supreme People's court:

(a) the offender may have other crimes;

(two) the other suspects common criminal in custody, may affect the criminal sentencing;

(three) other criminals crime is to pause or stop execution, may affect the criminal sentencing;

(four) the criminal exposes major criminal facts or otherSignificant meritorious serviceMay need to be changed;

(five) the pregnant;

(six) the judgment, ruling may have the conviction and sentencing of other error.

The Supreme People's court, upon examination, that may affect the criminal conviction and sentencing, shall order the suspension of the execution of death penalty; don't influence, should decide to continue execution.

Article 419thImplementation of the Supreme People's Court on the execution command issued before, after, found that the provisions of the first paragraph of the preceding article situation, should immediately stop the execution order, and the relevant materials to the people's court at a lower level.

Article 420thIf the people's court to the Supreme People's court to stop the execution after the order shall, jointly with the relevant departments to investigate and verify the stop execution grounds, and timely investigation and audit results and opinions of the Supreme People's court approval.

Article 421stIn the lower level people's court to stop the execution results and opinions, by the Supreme People's court approved the death penalty, originally made the decision a collegial panel shall be responsible for the examination, when necessary, form a new collegial panel to review.

Article 422ndThe Supreme People's Court on the suspension of the execution of death penalty cases, shall handle it according to the following circumstances:

(a) confirmation pregnant, and shall be amended;

(two) confirm the criminals have other crimes, should be prosecuted according to law, shall order not approved to death, revocation, remand the case for retrial;

(three) confirm the original decision, ruled that there was a mistake or criminals have major meritorious service, need to change, should not be ruled by the death penalty, revocation, remand the case for retrial;

(four) confirm the original decision, ruled that no errors, the criminals without major meritorious service, or major meritorious service does not affect the original judgment, order execution, shall be ordered to continue to execute, and by the president to issue the command execution.

Article 423rdThe people's Court of first instance in the execution, shall inform the criminals have the right to meet with their close relatives. The criminals for meeting and provide specific contact, the people's court shall notify its close relatives. The close relatives for the meeting, the people's court shall permit, and arrange the meeting.

Article 424thThe people's Court of first instance in the execution of three recently, shall notify the people's Procuratorate at the same level to the spot supervision.

Article 425thShooting or injection method of execution of the death penalty.

Executed by injection method, it shall be specified in the execution or places of detention execution.

Executed by other methods, outside shot injection, the Supreme People's court shall be approved in advance by the report.

Article 426thBefore the execution, the judicial officer directing the execution shall verify the identity of the criminal, interrogation has any last words, letters, and making a record, and then to the enforcement personnel execution.

The death penalty should be released, no paraded through the streets or other insults the criminal personality.

Article 427thAfter the execution, shall be made by the forensic identify criminals was dead, court clerk shall make transcripts. The people's court shall be responsible for the implementation of the death penalty within fifteen days after the implementation, including criminals are executed before and after photos, submitted to the Supreme People's court.

Article 428thAfter the execution, the people's court for enforcement in charge shall handle the following matters:

(a) to the criminal suicide, word records, shall timely review; relates to inheritance of property, debt, family instructions etc, will note, will record to the family, also copy attached for reference; cases involving clues, copied to the relevant authorities;

(two) inform the prisoner's family members within the time limit for criminal ashes; not because of ethnic, religious or cremation conditions and other reasons should not be cremated, notify recipients of cadaver; overdue does not receive, the court shall notify the relevant units, and the requirements of the relevant units issued by the handling of the situation; treatment of prisoners ashes or body, shall the record;

(three) the foreign nationality criminals executed, notify the foreign embassies, consulates handled the procedures and time limit, according to the relevant provisions.

The second sectionDeath sentence with a reprieve, life imprisonment, have executed in prison, criminal detention

Article 429thSentenced to death sentence with a reprieve, life imprisonment, criminal detention, fixed-term, executed in time, the people's Court of first instance shall in the judgment, ruling within ten days after entry into force, the judgment, ruling, a copy of the bill of prosecution, private prosecution like copy, the notice of execution, the registration form of closing the case to the detention center, by the public security organs will be criminals executed.

Criminals need to detain for execution of the punishment decision, ruled that, while not in custody before the entry into force, the people's court shall in accordance with the effective judgment, ruling the criminals to the house of detention, and according to provisions of the preceding paragraph shall perform the formalities.

Article 430thIn the cases examined, some of the defendants were sentenced to death, the execution of the punishment to detention has not been sentenced to death for the co defendant, should be in the judgment, ruling within ten days after the commencement of delivery. However, the co defendant in the implementation of the death penalty of the crime, the defendant in the Supreme People's court shall review the interrogation was sentenced to death after delivery.

Article 431stThe notice of execution by the receipt stamp, should be attached for reference.

Article 432ndBe sentenced to life imprisonment, or criminal detention in prison, in compliance with the provisions of the criminal procedure law of 254th in the first paragraph, second paragraph, the people's court decided the temporary execution outside prison, the temporary execution outside prison shall make the decision, stating the basic situation of criminal judgment, certain offences and penalties, decided to temporarily reasons, outside of prison, the judicial administrative organ notify the residence to handle the transfer procedures, and the temporary execution outside prison decision to the people's Procuratorate criminal residence at the county level and the public security organs.

The people's Procuratorate believes that the people's Court of the temporary execution outside prison improper decision, put forward written opinions within the statutory time limit, the people's court shall immediately to the decision to re verification, and make a decision within one month.

Article 433rdThe temporary execution outside prison criminals has one of the following cases, make the temporary execution outside prison by decision of a people's court, should be in receipt of the executive organ of the prison execution proposal within fifteen days after the prison execution, make a decision:

(a) does not meet the temporary execution outside prison conditions;

(two) unauthorized leave live in city, county police, to refuse to correct, or refusing to report the whereabouts, the unregulated;

(three) due to the violation of regulations on supervision and management by the public security management punishment, still do not make the corrections;

(four) warned two times executive organ, still do not make the corrections;

(five) medical parole period not submitted condition review report, the police refuse to correct;

(six) the temporary execution outside prison sentence after the disappearance of the circumstances, not full;

(seven) ensure that people lose the guarantee conditions or for not fulfilling the obligations were cancelled qualification of a guarantor, not within the prescribed time limit, put forward new guarantor;

(eight) in violation of the provisions of laws, administrative regulations and supervision and management, and other circumstances are serious.

The people's court to executive decision, once made, effective immediately.

Article 434thThe people's court shall the judicial administrative organ to implement decision to live by the criminals, the criminals executed in accordance with the relevant provisions. Prison execution decision shall at the same time the people's Procuratorate at the same level and residence of the public security organ.

Article 435thWas sent to prison for execution of criminals are not included in the execution of sentence case, the people's court shall make a decision in the prison, to determine the specific execution time is not included in the sentence.

The third sectionDelivery execution control, probation, deprivation of political rights

Article 436thSentenced to control, probation criminals, the people's court shall verify their place of residence. The sentencing, shall inform the criminal written to the judicial administrative organ at the county level at the residence time and is not scheduled to report results. The judgment, ruling within ten days after entry into force, shall be the judgment, ruling, the notice of execution and other legal documents to the judicial administrative organ of criminal settlement, and the people's Procuratorate CC criminals residence.

Article 437thThe deprivation of political rights of criminals, the people's court shall in the judgment, ruling within ten days after entry into force, the judgment, ruling the county public security organs, such as the book the notice of execution of legal documents to a criminal settlement, and County People's Procuratorate to the criminal settlement.

The fourth sectionThe property punishment and incidental civil judgment execution

Article 438thThe property punishment and incidental civil judgment by the people's Court of first instance is responsible for executing the executive mechanism.

Article 439thFine in the decision within the prescribed time limit once or in installments. Upon the expiration of the term for no reason not paid or not paid in full, the people's court shall compel him to pay. The compulsory pay is not paid in full, at any time, including the main punishment is completed, found the person subjected to execution has property for execution, shall be recovered.

The administrative organ shall impose a fine on the defendant on the same facts, the people's court shall be sentenced to a fine time allowance, after deducting the administrative punishment has been performed for the part.

Sentenced to confiscation of property, the effectiveness of the judgment, it shall be executed immediately.

Article 440thThe execution of property punishment and incidental civil adjudication process, an outsider to the property ownership of the proposed objection, the people's court shall carry out a review and make a deal with reference to the provisions relating to civil litigation execution objection.

Article 441stBe sentenced to punishment, but also bear the civil compensation liability of the person subject to enforcement, should perform the civil liability for compensation.

Before the property penalty execution to the negative due debt, need to be executed property to repay, the request of the creditors, shall be repaid.

Article 442ndThe person subjected to execution or implementation of the property in the field, may entrust the local people's court for enforcement.

The entrusted court in the execution of the property punishment, shall timely implementation of the property turned over to the state treasury.

Article 443rdThe process of execution of property penalty, with one of the following cases, the people's court shall rule to suspend the execution:

(a) the implementation of the subject matter of the people's court or an arbitration institution is hearing the case of the controversial subject matter, need to wait for the completion of the trial to determine the ownership of the;

(two) an outsider to the subject matter of execution objection;

(three) other circumstances execution shall be suspended.

Suspension of execution after the causes, the enforcement shall be resumed.

Article 444thThe process of execution of property penalty, with one of the following cases, the people's court shall order the termination of execution:

(a) according to the executed judgment, ruling is revoked;

(two) the person subjected to execution dies or is executed, and no property available for enforcement;

(three) fined terminates, and no property available for enforcement;

(four) in accordance with the provisions of article fifty-third of the criminal law provisions of exemption from penalty;

(five) shall be other circumstances the termination of execution.

Ruling the termination of execution, finds that the person subject to execution property is hidden, transfer the case, shall be recovered.

Article 445thThe property punishment in whole or in part is revoked, has been executed in whole or in part, the return of property should be executed; unable to return, compensation shall be paid according to law.

Article 446thBecause of an unavoidable disaster pay penalty is difficult, the person to be enforced for a reduction or exemption of the fine, it shall submit the relevant materials of proof. The people's court shall within one month after receipt of the application within the ruling. In conformity with the statutory exemption condition, permission shall be given; do not meet the conditions, to reject the application.

Article 447thThe property punishment and incidental civil judgment execution, this explanation is not specified, with reference to the relevant provisions of civil execution.

The fifth sectionCommutation, parole hearing of cases

Article 448thWas sentenced to death with a two-year suspension of execution of death penalty criminals, during the probation period, not intentional crime, the death sentence with a reprieve expires, shall order the commutation of the death sentence with a reprieve; after the expiration of the period, has not yet ruled commutation again before the crime, should be in accordance with the law of commutation of the new crime prior trial.

Article 449thThe commutation, parole cases, shall handle it according to the following circumstances:

(a) to be sentenced to death with a two-year suspension of execution of the sentence by criminals criminals, the higher people's court ruled that prison management authorities at the same level according to the agreed audit commutation proposal;

(two) is sentenced to life imprisonment commutation, parole, the higher people's court by criminals to prison management authorities at the same level, after receiving approval commutation, parole recommendations within one month after the ruling, the case is complex or special circumstances, may be extended by one month;

(three) to be sentenced to prison and to fixed-term imprisonment is the commutation, parole, the criminals intermediate people's Court of the executive authorities, in receipt of commutation, parole recommendations within one month after the ruling, the case is complex or special circumstances, may be extended by one month;

(four) to control criminals sentenced to criminal detention, the commutation, the criminals to the intermediate people's court at the same level, after receiving the executive authority for examination and approval of commutation, make a ruling within one month after the proposal for parole.

The temporary execution outside Prison Criminals commutation, should according to the relevant provisions of the preceding paragraph shall apply, respectively.

Article 450thCommutation, parole cases accepted, should review whether the execution organs for materials include the following contents:

(a) the commutation, parole recommendations;

(two), the court of final judgment of the notice of execution, the previous commutation order copies;

(three) show true repentance, meritorious criminals or major meritorious service specific facts written material;

(four) criminal evaluation authentication table, reward approval form;

(five) after the report on parole community impact assessment;

(six) according to the circumstances of the case need to be transferred to other materials.

Upon examination, incomplete materials, it shall notify the proposal for commutation, parole enforcement agencies send.

Article 451stCommutation, parole hearing the case, the examination shall be the property punishment and incidental civil judgment execution, and ultimately, restitution of criminals. The criminals to actively fulfill their judgment duty, can be identified with repentance, commutation, parole in leniency master; have ability to perform and not to perform, strictly control the commutation, parole.

Article 452ndCommutation, parole hearing the case, shall be published on the following contents:

(a) the basic name, age and other personal criminals;

(two) the identification of conviction and jail sentence;

(three) the previous commutation;

(four) the executive organ of the commutation, parole recommendations and the basis.

The public shall specify the term of publicity and put forward opinions on the way. The public place is public area criminals place; conditional place, can be socially oriented publicity.

Article 453rdCommutation, parole hearing the case, shall form a collegial panel, can use the written trial way, but the following cases shall be heard:

(a) because criminals have significant meritorious service for commutation;

(two) for commutation starting time, interval or commutation of the sentence is not accord with the general provisions;

(three) a great social influence and a high degree of social concern;

(four) during the public received complaints;

(five) the people's Procuratorate has the objection;

(six) other cases it is necessary to hold a hearing.

Article 454thThe people's court to make a ruling on parole sentence, then, should be in the seven days of the delivery for commutation, parole execution organ, people's Procuratorate at the same level as well as the offender. The people's Procuratorate believes that the ruling on parole, improper commutation, put forward written opinions on within the statutory time limit, the people's court shall receive advice form a new collegial panel trial, and make an order within one month.

Article 455thCommutation, parole decision is made before writing to withdraw, the executing organ commutation, parole recommendations, it shall be decided by the people's court.

Article 456thThe people's court found that the school has come into force commutation, parole decision is wrong, shall form a new collegial panel trial found that if a people's court; the entry into force of the commutation, parole decision is wrong, can direct the people's court at the lower level shall form a collegial panel trial.

The sixth sectionThe revocation of probation, parole

Article 457thOffenders on probation, parole commits another crime during the probation period or be found without judgment before the judgment is pronounced, and other crime, the suspension shall be revoked, parole, the people's court trial new crime of revocation of the original sentence, probation, parole order to declare, and inform the people's court and the executing organ.

Article 458thOffenders on probation, the probation period, any of the following circumstances, the people's court probation, parole originally made the decision, ruled that the executive authority should be in receipt of the revocation of probation, a month after the proposal for parole revocation of probation, parole, make a ruling:

(a) in violation of the ban, if the circumstances are serious;

(two) without any justifiable reason, not according to the prescribed time report or the acceptance of community correction from the supervision period, more than a month;

(three) due to the violation of regulations on supervision and management by the public security management punishment, still do not make the corrections;

(four) warned three times the executing organ is not correct;

(five) in violation of the relevant laws, administrative regulations and regulatory requirements, and other circumstances are serious.

The people's court to revoke probation, parole decision, once made, effective immediately.

The people's court shall revoke probation, parole ruled the judicial administrative organ in writing to the criminal settlement, which according to the relevant provisions of the criminal executive. The revocation of probation, parole order shall be copied to the criminal settlement people's Procuratorate at the same level and the public security organs.

The twentieth chapterA minor procedure of criminal case

The first sectionRegulations

Article 459thThe people's court in the trial of criminal cases of minors, should carry out education, probation, save policy, giving priority to education, supplemented by the principle of punishment, strengthen the special protection of minors.

Article 460thThe people's court shall strengthen with the relevant departments of the government and the Communist Youth League, women's federations, trade unions, the minors protecting organizations and other groups of contacts, promote the juvenile criminal cases by the people's jury, investigation, and resettlement work, fully protect the legitimate rights and interests of minors, actively participate in the comprehensive management of social management.

Article 461stThe trial of criminal cases of minors, should be familiar with the physical and mental characteristics of minors, doing minor ideological education of the judges, and shall maintain the relative stability of the judicial personnel work.

Juvenile criminal jury, generally by the familiar with the physical and mental characteristics of minors, enthusiastic education, probation, fall to save the juveniles, retirees and with the necessary training, women's federations, trade unions, the Communist Youth League school, the minors protecting organizations and other units of staff or the relevant units as.

Article 462ndIntermediate people's court and the basic people's court may set up independent system of juvenile trial court. Do not have the conditions, should set up the juvenile criminal cases in the criminal trial collegial panel, or by the person responsible for the trial of criminal cases of minors.

The higher people's court shall set up the juvenile criminal cases in the criminal trial collegial panel in. Has the condition, can set up independent system of juvenile trial court.

The cases of minors and juvenile criminal trial collegial panel referred to the juvenile court.

Article 463rdThe following cases tried by a juvenile court:

(a) the implementation of alleged crime under the age of eighteen, when the people's court filing under the age of twenty cases;

(two) the defendant is accused of crime when implemented under the age of eighteen, the people's court case under twenty years of age, and joint crimes alleged ringleaders or principal.

Other common criminal cases of juvenile defendants, or other related criminal cases of minors are tried by a juvenile court, decided by the president, according to the actual situation of the juvenile court work.

Article 464thOn the prosecution to a people's Court of juvenile and adult joint crime can be heard by a judge, the same; not by the organization with a trial court, can be measured by the trial of criminal trial, the juvenile court.

Juvenile and adult joint crime cases, trial by a people's court or are different in different trial organization, the people's court or judicial organization should understand each other the trial joint criminal defendants, pay attention to the case of sentencing balance.

Article 465thFor minor criminal cases, when necessary, the superior people's court according to the provisions of article twenty-sixth of criminal procedure law, the people's court appointed subordinate to transfer the case to another people's court for trial.

Article 466thThe people's court in the trial of criminal cases of minors, in the interrogation and trial, it shall notify the juvenile defendant legal agent at. The legal agent cannot tell, can not present or accomplice, other adult relatives may also notify the juvenile defendant, on behalf of the local schools, units, place of residence or juvenile protection organizations of the scene, and record the relevant information.

Other personnel to the scene, in addition to exercising the 270th criminal procedure law, the provisions of the second paragraph of legal rights, the court agreed, can participate in the court as well as education of juvenile defendants.

Summary procedure applies to the trial of juvenile criminal cases, apply the provisions of the preceding two paragraphs.

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

Article 467thDuring the hearing the accused person under the age of eighteen cases, are not tried publicly. With the consent of the juvenile defendant or his legal representative, the juvenile defendant's school and the minors protecting organizations can be represented at. To represent the number and range, determined by the court. To represent the court agreed, can participate in the juvenile defendant court education.

According to the law of public hearing, but may need to sealCriminal recordThe case, shall not organize personnel to attend.

Article 468thIt is necessary to inform the underage victim, witness to testify in court, the people's court shall take the corresponding protective measures according to the circumstances of the case. Conditional, can be video, the statements, testimony of witnesses.

Article 469thThe trial of criminal cases of minors, not to disclose the minor's name, domicile, photos and other information may be inferred from the minor identity.

The minor criminal cases to consult, extract, copy the dossier, may publicize and spread.

The victim is a minor criminal cases, apply the provisions of the preceding two paragraphs.

Article 470thThe trial of criminal cases of minors, no provision of this chapter shall be governed by the relevant provisions of this interpretation.

The second sectionCourt preparation

Article 471stThe people's court to the juvenile defendant served with a copy of the bill of prosecution, shall explain the alleged crimes and the relevant legal provisions, and inform the trial procedure and litigation rights, obligations.

Article 472ndTrial under the age of eighteen underage accused does not entrust a defender, the people's court shall inform the legal aid institutions appoint lawyers to defend the.

Article 473rdJuvenile victims and their legal agents due to financial difficulties or other reasons not to entrust agents ad litem, the people's court shall help the application for legal aid.

Article 474thFor minor criminal cases, the people's court decided to apply the summary procedure, shall solicit the juvenile defendant or his legal representative, the opinions of the defender. The above personnel objection, summary procedure shall not apply.

Article 475thThe defendant is accused of crime when implemented under the age of eighteen, when court has over eighteen years of age, the age of twenty, the people's court, the general should be informed of their close relatives to appear in court. The court agreed, close relatives can comment. Close relatives can not tell, can not present or accomplice, shall be recorded.

Article 476thAbout the juvenile defendant character, family, social communication, growth experience, and the causes of crime, crime, care education situation of the investigation report to the people's Procuratorate and reflect on, counsel submitted the juvenile defendant in the case of written materials, the court should accept the.

When necessary, the people's court can be investigated by judicial administrative organs at the county level, the juvenile defendant resides to the Communist Youth League organizations and other social organizations to the juvenile defendant above, or their own investigation.

Article 477thFor minor criminal cases, the people's court according to the circumstances, can undertake psychological dredge to the juvenile defendant; with the consent of the juvenile defendant or his legal representative, may also be psychological evaluation of juvenile defendants.

Article 478thBefore the court and the court adjourned, according to the circumstances, can arrange the juvenile defendant or his legal representative of criminal procedure law 1 the 270th other adult relatives, representatives met with.

The third sectionThe trialSentenced

Article 479thThe people's court shall set the seats near the auditing side for the juvenile defendant's legal representative or the criminal procedure law of 270th in the first paragraph of other adult relatives, on behalf of the defense table.

The trial may be sentenced to juvenile criminal punishment or criminal negligence in prison the following five years, can take suitable for minor mode setting court seats.

Article 480thIn the court of the juvenile defendant or not used, but the person is of great danger, except may prevent the trial activities. You must use the ring out, eliminate in real danger, should immediately stop using the.

Article 481stThe juvenile defendant or his legal representative court refused to defence, shall apply to the interpretation of the first paragraph of article 254th, paragraph second.

The re trial, the juvenile defendant or his legal representative declined again in defence, shall not be permitted to. The re trial when the defendant has over eighteen years of age, can be permitted, but shall not entrust another defender or designate a lawyer, by its own defense.

Article 482ndThe process of trial, the judges shall according to the juvenile defendant's intelligence development and mental state, the use of suitable for minors language of expression.

Found on the juvenile defendant inducement, rebuke, sarcastic or threatening situation, the presiding judge shall stop.

Article 483rdBoth sides of the juvenile defendant sentenced to control, probation, sentencing recommendations, shall provide written materials about the juvenile defendant can obtain care, help and no significant adverse effects on the community to the court.

Article 484thInvestigation report on the juvenile defendant situation, as well as counsel submitted the juvenile defendant situation written material, the court should review and listen to the views of the two. The reports and materials can be used as reference and sentencing court education.

Article 485thAfter the end of the court debate in the court, according to the circumstances of the case, the education of the juvenile defendant verdict; juvenile defendant guilty, after the verdict, education should be conducted among the juvenile defendant.

The education of the juvenile defendant, may invite the participants in the proceedings, the provisions in the first paragraph 270th of the criminal procedural law of the other adult relatives, representative and social investigator, counselors in the.

Summary procedure applies to the trial of cases, the court education for the juvenile defendant, apply the provisions of the preceding two paragraphs.

Article 486thMinor last statement by defendant, the court should ask his statutory agent or supplementary statement.

Article 487thThe juvenile criminal pronouncement of judgment shall be open to the public, but may not take the convening of the general assembly and other forms of.

The criminal record in accordance with the law shall be sealed case, sentencing, shall not organize personnel audit; a bystander, shall inform the case information shall not be transmitted.

Article 488thThe minor criminal cases regularly pronouncement of a judgment, the juvenile defendant legal agent is unable to inform, not to appear in court or accomplice, the court may inform the other adult relatives, 270th criminal procedure law, the provisions of the first paragraph of the representative to appear in court, and after being sentenced to juvenile defendants adult relatives served the verdict.

The fourth sectionHoldThat's ok

Article 489thThe juvenile offenders in prison punishment or sent to the community correction, the people's court shall report on juvenile criminals and in the case of the performance of the material, together with the relevant legal documents, sent the executing organ.

Article 490thCrime under the age of eighteen, was sentenced to the punishment of minors from criminal punishment of five years of criminal record, shall be sealed.

Before December 31, 2012, case closed in accordance with the provisions of the preceding paragraph, the relevant criminal record should be sealed.

The judicial organ or the relevant units to the people's court for query mothballed criminal records, provide the reasons and basis for the query should be. The query request, the people's court shall promptly make a decision whether to consent.

Article 491stThe people's court may and the underage criminal execution reformatory service institute to establish contact, transformation to minor offenders, assist in rehabilitation, reconstruction work, and to serving underage criminals pay a return visit.

Article 492ndThe people's court considers it necessary, can urge the jailed prisoners underage criminals of the parents or other guardians to visit.

Article 493rdSentenced to control, probation, parole, decided that the temporary execution outside prison juvenile offenders, the people's court may assist the community correction agencies to develop measures to help.

Article 494thThe people's court may timely visit was sentenced to control, probation, parole, exempted from criminal punishment decision, decided to juvenile offenders in the temporary execution outside prison, and their families, to understand the management and education of juvenile offenders, guide the juvenile criminal Family Parenting responsibility, to create a good environment for the juvenile criminal start with a clean slate.

Article 495thSentenced to public surveillance, probation, parole, exempted from criminal punishment decision, decided the temporary execution outside prison, juvenile offenders, with education, employment, put forward judicial proposals to the relevant departments of the placement problem can the people's court, and attach the necessary materials.

The twenty-first chapterThe parties reconciliation in cases of public prosecution procedure

Article 496thIn a case of public prosecution in accordance with the provisions of the 277th criminal procedure law, the facts are clear, the evidence is sufficient, the people's court shall inform the parties can reconciliation; the parties to apply, the people's court may host parties consultations to settle.

According to the circumstances of the case, the people's court may inviteThe people's mediationMember, the defender, agent ad litem, the relatives and friends and so contribute to reconciliation.

Article 497thMeet the prosecution case 277th criminal law provisions, the victim's death, his near relatives may compromise with the defendant. Close relatives have many people, reached a settlement agreement, shall be approved in the same order of succession to all close relatives.

The victim has no capacity or with limited capacity, his legal representative, close relatives can provide reconciliation.

Article 498thThe defendant's relatives agreed by the defendant, can provide reconciliation.

The defendant is a limited capacity, its legal representative may for reconciliation.

The legal representative of the defendant, close relatives, according to the provisions of the preceding paragraph two for reconciliation, reconciliation agreement apology etc., shall perform the defendant himself.

Article 499thIf the people's Procuratorate public security organs, presided over the production of reconciliationAgreementThe party's objection, the people's court shall review. After review, and voluntary, lawful, confirmation, no need to re create a settlement agreement; reconciliation is not voluntary, legitimacy, it shall be deemed as invalid. The settlement agreement is invalid, the parties to reach a settlement, the people's court shall preside over the production of new settlement agreement.

Article 500thDuring the trial, the parties of the settlement, the people's court shall listen to the opinions of the parties and their legal representatives and other personnel opinion. The parties settled out of court, the people's court shall notify the people's Procuratorate, and listen to their opinions. After review, and voluntary, lawful, shall be presided over making settlement agreement.

Article 501stThe settlement agreement shall include the following contents:

(a) the accused confess their crimes, has no objection to the criminal facts, and sincere repentance;

(two) obtain victim forgiveness by apologizing to the defendant, apology, compensation for losses; involving compensation for losses, damages, shall specify the manner; to file an incidental civil action, the plaintiff of the supplementary civil action withdrawing the incidental civil action;

(three) victims voluntary reconciliation, request or consent from the defendant punishment according to law.

The reconciliation agreement shall be made by the parties and judges but not signed, sealed by the people's court.

The reconciliation agreement is made in three copies, each party holding a copy of a copy, the people's court attached for reference.

The compensation for the loss of content the settlement agreement, the parties requested confidentiality, the people's court shall permit, and to take appropriate security measures.

Article 502ndCompensation for the loss of content reconciliation agreement, the defendant should be carried out immediately after the signing of the agreement.

The settlement agreement has been fulfilled, one party retracts, the people's court shall not support, but there is evidence that the settlement violates the voluntary, other than legal principles.

Article 503rdBoth parties involved in the investigation, prosecution period has reached a settlement agreement and perform all the victim or his legal representative, close relative, and file an incidental civil action, the people's court shall not accept the case, but there is evidence that the settlement violates the voluntary, other than legal principles.

Article 504thThe victim or his legal representative, close relative to file an incidental civil action, both sides are willing to compromise, but the defendant cannot be fulfilled all the obligation of compensation, the people's court shall prepare a collateralCivil mediation.

Article 505thTo reach a settlement agreement of the case, the people's court shall punishment on the defendant a lighter punishment; in accordance with the applicable conditions of non imprisonment, should the non custodial penalty; sentenced to the minimum statutory penalty is still too heavy, can reduce the punishment; comprehensive case that crime are minor and do not require judge punished, can be exempted from criminal punishment.

The common crime case, part of the defendant and the victim may have reached a settlement agreement, in accordance with the law on the part of the defendants lenient punishment, but should pay attention to the case of sentencing balance.

Article 506thReached a settlement agreement, judgment should be made to the relevant provisions, and cited the criminal procedure law.

The twenty-second chapterThe suspect, the defendant, escaping death cases of illegal income confiscated program

Article 507thIn accordance with the provisions of the criminal law shall be recovered and the illegal income and other involved property, which one of the following circumstances, the people's procuratorates can put forward to the confiscation of illegal income shall apply to the people's court:

(a) of criminal suspects and defendants, the implementation of the crime of embezzlement and bribery, crime of terrorist activities and other major crimes after survey, in the year after the wanted not to;

(two) the suspect, the defendant's death.

Article 508thAny of the following circumstances, should be identified as major crime stipulated in the first paragraph of article 280th of the criminal procedure law "":

(a) the suspect, the defendant may be sentenced to life imprisonment or criminal punishment;

(two) cases in the province, autonomous region, municipality directly under the central government or a nationwide influential;

(three) other major crime.

Article 509thThe property and fruits obtained by the implementation of crime, contraband, and the defendant unlawfully held for criminal purpose own property, shall be determined as specified in the first paragraph of article 280th of the criminal procedure law "and other properties involved in the illegal income".

Article 510thThe people's Procuratorate shall confiscate the illegal income application, the people's court shall examine the following contents:

(a) whether to belong to the jurisdiction;

(two) whether the state of criminal suspects and defendants, alleged crimes, and the relevant evidential materials attached;

(three) if a warrant or the death certificate;

(four) species, quantity, location is specified in the illegal income and other property, and the relevant evidential materials attached;

(five) with attachment, seizure, freezing or illegal income and other involved property list and relevant legal procedures;

(six) whether people near relatives or any other interested States of criminal suspects and defendants, name, address, contact method and requirements etc.;

(seven) whether to state the reasons for the confiscated and legal basis.

Article 511stTo confiscate the illegal income of the application, the people's court shall complete the examination within seven days, and in the light of the following situations respectively:

(a) is not under its jurisdiction, the people's Procuratorate shall be returned;

(two) material is incomplete, shall notify the people's Procuratorate to send up to three days;

(three) belonging to the illegal income confiscated program scope and its jurisdiction, and shall accept the application materials are complete.

The people's Procuratorate has not seized, seizure, freezing or seizure, confiscation of property for the seizure, freezing period is about to expire, the property has been concealed, transferred or damage, risk of loss, the people's court may seal up, distrain, freeze confiscated funds.

Article 512ndThe people's court decides to accept the application for the confiscation of illegal income, shall be issued a notice within fifteen days, the announcement for a period of six months. The announcement shall include the following contents:

(a) the;

(two) the suspect, the defendant wanted fugitive or death and other basic information;

(three) species, quantity, location of the application of confiscation of property;

(four) near relatives or any other interested the suspect, the defendant's application to participate in the litigation period, way;

(five) shall be other announcements.

The announcement shall be published in the public offering of the newspaper or the people's court official website, and published in the people's court bulletin board postings,; when necessary, can be in the crime, criminal suspects and defendants, place of residence, for the confiscation of the immovable property is located, published post.

The people's court has the near relatives or any other interested the suspect, the defendant's contact, telephone, fax, mail should be taken such as directly inform the announcement content, and record.

Article 513rdOn the application of the confiscated property to claim ownership of the people, should be recognized as other interested parties provided for in the second paragraph 281st of the "law of criminal procedure".

People near relatives or any other interested the suspect, the defendant's application to participate in the proceedings, shall be presented in the period of the public announcement. The suspect, the defendant's close relatives shall provide the evidence and criminal suspects and defendants, relationship, other interested parties should provide for the confiscation of property is the evidence materials of all its.

People near relatives or any other interested the suspect, the defendant's application to participate in the litigation in the notice period, can reasonably explain the reasons, and provide evidence for the confiscated property is evidence of their all, the people's court shall permit.

Article 514thAfter the expiration of the period of notice, the people's court shall form a collegial panel to apply to the confiscation of illegal income case to trial.

The interested party applies for participating in the proceedings, the people's court shall open the court session. No interested party applies for participating in the proceedings, the trial can not.

Article 515thThe trial for the confiscation of illegal income case, according to the following procedure:

(a) the judge announced that the investigation began, the prosecutor read request, by the interested party, litigation agent comment;

(two) the court shall order to criminal suspects and defendants, whether the implementation of the crime of bribery and corruption, terrorism crimes and have wanted a year not in custody, or is already dead, and property confiscated according to law shall be recovered if the application for investigation; investigation, the prosecutor to produce relevant evidence, by the interested people express their views, to produce the relevant evidence, and conduct cross examination;

(three) the court debate stage, the prosecutor to speak, by the interested party and agent ad litem, speech, and debate.

After receiving notice interested party refuses to do so without justified reason, or midway without permission by the court to the court, not the trial, but there are no other interested persons to participate in the proceedings.

Article 516thFor the confiscation of illegal income case, people's court, shall handle it according to the following circumstances:

(a) the case facts are clear, the evidence is, well, for it is the illegal income confiscated property and the property, except to be returned to the victim, shall order the forfeiture;

(two) does not conform to the provisions of the 507th conditions of the interpretation, the court shall apply.

Article 517thTo confiscate the illegal income or reject the application rule, people near relatives or any other interested of criminal suspects and defendants, or the people's procuratorate can be in five days to appeal, appeal.

Article 518thIf the party refuses to accept the first instance, confiscate the illegal income or rejected for adjudication of a case of appeal or protest, the people's Court of second instance court, shall be in accordance with the following circumstances decide:

(a) the original ruling right, shall dismiss the appeal or protest, upheld the original ruling;

(two) the original order is wrong, can change the original ruling after ascertaining the facts; revocation of the original decisions can also, remand the case for retrial;

(three) the violation of legal procedure, which may affect the fair trial, it shall cancel the original ruling, remand the case for retrial.

Article 519thIn the case of the trial process for the confiscation of illegal income, the escaped criminal suspects, defendants in custody, the people's court shall rule to terminate the trial. The people's Procuratorate to the people's court shall apply the prosecution, can be made from the same trial organization trial.

Article 520thIn the trial process, the defendant's death or escape, consistent with the 280th law of criminal procedure prescribed in the first paragraph, the people's procuratorate can put forward to the confiscation of illegal income shall apply to the people's court.

The people's Procuratorate to the people's court that handled the case filed by the same judicial organization, can be tried in accordance with the provisions of this chapter program.

Article 521stThe trial for the confiscation of illegal income shall refer to a case of public prosecution cases, ordinary procedure of first instance and the second instance trial period implementation program.

The period of the public notice and request judicial assistance in criminal matters not included in the trial period of time.

Article 522ndThe confiscation of illegal income ruling after the entry into force, the criminal suspect, defendant in custody raised an objection to the people's Procuratorate to the confiscation of ruling, the ruling People's court prosecution, can be made from the same trial organization trial.

The people's court, shall handle it according to the following circumstances:

(a) the original ruling right, maintained, no longer ruled on the property;

(two) the original order is wrong, it shall cancel the original ruling, and the ruling on the property be dealt with.

The people's court shall confiscate the decision is wrong, with the exception of the first paragraph of this article, shall be in accordance with the procedure for trial supervision corrected. Have confiscated property, shall be promptly returned; if the property has been turned over to the state treasury, the confiscation of organs from financial institutions for refund, shall be returned; the original has been sold, the auction, shall refund the purchase price; cause of criminal suspects and defendants, and interested persons property loss, compensation shall be paid according to law.

Article 523rdThe people's court for the confiscation of illegal income case, no provision of this chapter, the relevant provisions of this interpretation of the applicable.

The twenty-third chapterThe mental patient does not bear criminal responsibility according to the law of compulsory medical procedures

Article 524thThe violence, endangers public security or seriously endanger the personal safety of citizens, social harmfulness has reached the degree of crime, the mental patient but by the statutory procedures shall not bear criminal responsibility identification, continue to harm society possible, can be compulsory medical.

Article 525thThe people's Procuratorate for mental patients will not be liable for the crime of compulsory medical cases, shall be under the jurisdiction of the violence of the grassroots people's court; by the applicant's place of residence of the people's court is more appropriate, it shall be under the jurisdiction of the basic level people's Court of the place of residence.

Article 526thThe people's Procuratorate of compulsory medical application, the people's court shall examine the following contents:

(a) whether to belong to the jurisdiction;

(two) is written by the applicant's identity, time, place, means, the damage caused by the implementation of violence, and the relevant evidential materials attached;

(three) are attached to forensic psychiatric expertise and other proven evidence the applicant belongs to mental patients not bear criminal responsibility according to law;

(four) are listed by the statutory agent of the applicant's name, address, contact method;

(five) other matters that need to be examined.

Article 527thThe people's Procuratorate of compulsory medical application, the people's court shall complete the examination within seven days, and in the light of the following situations respectively:

(a) is not under its jurisdiction, the people's Procuratorate shall be returned;

(two) material is incomplete, shall notify the people's Procuratorate to send up to three days;

(three) belongs to the scope of compulsory medical procedures and its jurisdiction, and shall accept the application materials are complete.

Article 528thThe trial of compulsory medical case, it shall notify the applicant or the legal representative of the defendant at. The applicant or the accused does not entrust agents ad litem, shall inform the legal aid institutions assign lawyers as agents ad litem, for legal assistance.

Article 529thThe trial of compulsory medical cases, shall form a collegial panel, trial. However, the respondent, the legal representative of the defendant requests without trial, except with the consent of the people's court review.

Hearing people's Procuratorate for compulsory medical cases, should be met by the applicant.

Article 530thCourt for compulsory medical cases, according to the following procedure:

(a) the judge announced that the investigation began, the prosecutor read request, by the respondent's statutory agent, agent ad litem comment;

(two) the court was whether the applicant is endangering public security or serious harm to the personal safety of violence, whether it belongs to shall not bear criminal responsibility of mental patients, whether to continue to endanger the society may be investigated; investigation, the prosecutor to produce relevant evidence, by the respondent's statutory agent, an agent ad litem comment, present relevant evidence, and conduct cross examination;

(three) the court debate stage, the prosecutor to speak, by the respondent's statutory agent, agent ad litem speech, and debate.

Applicants are required to appear in court, the people's court review of the physical and mental state, that can appear in court, he shall be permitted to. To appear in court by the applicant, in the investigation, court debate stage, can express your opinion.

Prosecutors read out the application form, the applicant's legal agent, agent ad litem without objection, the court can simplify.

Article 531stOn the application of compulsory medical cases, the people's court, shall handle it according to the following circumstances:

(a) comply with the compulsory medical conditions of 284th criminal law provisions, shall make a decision on the respondent of compulsory medical;

(two) was the mental patient applicants do not belong to the criminal liability according to law, but do not meet the mandatory medical conditions, should be made compulsory medical application rejected the decision; the respondent has caused harm results, shall be ordered to his family or guardian strict custody and medical treatment;

(three) the applicant with full or partial criminal responsibility shall be investigated for criminal responsibility according to law, the compulsory medical application, shall make a decision of rejection, and returned to the people's Procuratorate in accordance with the law.

Article 532ndThe people's Court of first instance in the process of hearing cases found the defendant may comply with the compulsory medical conditions, shall conduct forensic psychiatric on the defendant in accordance with the statutory procedures. After identification, the mental patient the defendant belongs to not bear criminal responsibility according to law, shall be forced medical procedures, the case to trial.

The trial of cases referred to in the preceding paragraph, the collegial panel shall be read out to the defendant's forensic psychiatric expertise, the defendant may comply with the compulsory medical conditions, followed by the prosecutor and the defendant's legal agent, agent ad litem comment. With the permission of the presiding judge, the public prosecutor and the defendant's legal representative, the agents ad litem may debate.

Article 533rdThe provisions of the preceding paragraph case, people's court, shall handle it according to the following circumstances:

(a) the defendant shall comply with the compulsory medical conditions, the judgment is pronounced, the defendant does not bear criminal responsibility, at the same time to make mandatory medical decisions for the defendant;

(two) the defendant belongs to mental patients not bear criminal responsibility according to law, but do not meet the mandatory medical conditions, should decide that the defendant not guilty or not to bear criminal responsibility; the defendant has caused harm results, shall be ordered to his family or guardian strict custody and medical;

(three) the defendant has full or partial criminal responsibility shall be investigated for criminal responsibility according to law, shall be in accordance with the ordinary procedure, went on trial.

Article 534thThe people's court in the trial of second instance procedure in criminal cases, the defendant may comply with the compulsory medical conditions, can make the handling of the case in accordance with the forced medical procedures, can also order remanded by the people's court re trial.

Article 535thThe decision of the people's court for compulsory treatment, shall within five days after the decision is served, compulsory medical decision and compulsory medical enforcement notice to the public security organs, the public security organ shall be decided by the compulsory medical people sent to compulsory medical.

Article 536thDecided by the compulsory medical person, the victim or his legal representative, close relative refuses to accept the compulsory medical decisions can, within five days from the people's court at the next higher level for reconsideration from the date of receiving the decision on. Implementation of compulsory medical treatment does not stop during the reconsideration decision.

Article 537thIf the party refuses to accept the decision of reconsideration of compulsory medical application, the people's court at a higher level shall form a collegial panel trial, and within a month, according to the following circumstances make the decision of reconsideration:

(a) determined by compulsory medical people comply with the compulsory medical conditions, should be rejected the application for reconsideration, maintain the original decision;

(two) were determined by compulsory medical treatment did not meet the mandatory medical conditions, it shall cancel the original decision;

(three) the violation of legal procedure, which may affect the fair trial, it shall cancel the original decision, remanded by the people's court re trial.

Article 538thThe 533rd paragraph judgment, decision, the people's Procuratorate, and was forced to apply for reconsideration decision medical person, the victim or his legal representative, close relative, the people's court at a higher level shall be dealt with in accordance with the procedure of second instance.

Article 539thThe trial of compulsory medical cases, no provision of this chapter, with reference to the relevant provisions of applicable in cases of public prosecution the ordinary procedure of first instance and the second instance procedure.

Article 540thBe forced to medical men and their close relatives to apply for cancellation of the compulsory medical treatment, the people's court shall put forward to determine the compulsory medical.

Be forced to medical men and their close relatives the cancellation of the compulsory medical application by the people's court rejected, again six months after application, the people's court shall accept.

Article 541stCompulsory medical termination of compulsory medical advice, or be forced to medical men and their close relatives to apply for cancellation of the compulsory medical treatment, the people's court shall examine whether the diagnostic evaluation report is attached on compulsory medical person.

Compulsory medical termination of compulsory medical advice, not attached to the diagnosis of the assessment report, the people's court shall require the.

Be forced to medical men and their close relatives application to the people's court for cancellation of the compulsory medical treatment, compulsory medical agency did not provide diagnostic evaluation report, the applicant may apply to the people's court to obtain. When necessary, the people's court may entrust appraisal institutions appraisal to be compulsory medical person.

Article 542ndCompulsory medical termination of compulsory medical advice, or be forced to medical men and their close relatives to apply for cancellation of the compulsory medical treatment, the people's court shall form a collegial panel to review, and in a month, respectively according to the following circumstances:

(a) is compulsory medical people already do not have the personal danger, no need to compulsory medical treatment, should be made to lift the mandatory medical decisions, and may be ordered to be compulsory medical families of those strict custody and medical;

(two) is compulsory medical person still has the personal danger, need to continue the compulsory medical treatment, shall make a decision to compulsory medical.

The people's court shall within five days after the decision is made, the decision in writing to the compulsory medical institutions, for the lifting of compulsory medical man, decided by the compulsory medical people and people's procuratorate. Decides to terminate the compulsory medical treatment, medical institutions shall notify the forced termination of compulsory medical decision is received in the book.

Article 543rdThe people's Procuratorate think compulsory medical decisions or terminate the compulsory medical decided not to put, in a written recommendation within twenty days of receiving the written decision, the people's court shall form a new collegial panel trial, and make a decision within one month.

The twenty-fourth chapterAttachedThen

Article 544thThe people's court interrogation of a defendant, declaratory judgment, commutation, parole hearing the case, according to the circumstances of the case, can take video mode.

Article 545thThe private prosecution, appeal, appeal, apply to the people's court shall be made in written form. There is difficulty in writing, except as otherwise prescribed, can be presented orally, making a record or the record by the personnel of a people's court, and to the oral people read or to read.

Article 546thDuring the proceedings, the formation of production work records, material records shall inform, sealed by the production staff and other relevant staff signature. Declare or served on the judgment, ruling, decision, notice of litigation documents shall be served by an announcement, or people in the litigation documents, shall be signed, stamped.

Participants in the proceedings without signature, stamp, should be fingerprinted; criminal defendant except signature, stamp, should also be fingerprinted.

The parties refused to sign, seal, fingerprint, the case handling personnel shall indicate the situation in the litigation documents or records materials, related to witness testimony, or video recording demonstrated, does not affect the effectiveness of related litigation documents or notes.

Article 547thThe relevant provisions of this interpretation of the applicable to military courts, railway transportation courts and other special people's courts.

Article 548thThe interpretation shall be implemented as of January 1, 2013, the Supreme People's court in September 2, 1998 published "on the implementation of 'of the people's Republic of China Criminal Procedure Law' interpretation of several issues" abolished at the same time; the judicial interpretation of the Supreme People's court and normative documents previously released, inconsistent with this interpretation, this interpretation shall prevail.