The Supreme Court rules of criminal procedure 2012 (three)

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  • / Author: Aaron Lewis
The eleventh chapter review and prosecution

The first section reviews

Article 360th the people's Procuratorate for examination and prosecution case acceptance,Shall specify the prosecutor or the attorney group

Quasi took the procurators assistant procurators handling,Can also be made by the attorney general to handle.

The case handling personnel shall comprehensively review the materials,When necessary, making scoring record.

Article 361st for the important, difficult, complex cases,The people's Procuratorate deems it necessary,Can send

Clerk intervene investigation activities,Comments on the collection of evidence, the applicable law,Supervise the legality of the investigation activities.

362nd levels of people's Procuratorate prosecution,Shall be compatible with the people's court jurisdiction. The public prosecution

Department received a case transferred for examination before prosecution after,The review does not fall under its jurisdiction,Shall within five days after the case

Management department transferred to the people's Procuratorate jurisdiction.

That the cases of first instance under the jurisdiction of the people's court at a higher level to the,The people's Procuratorate level shall submit,At the same time, circular shift

The public security organ for examination and prosecution;That fall within the jurisdiction of the court of first instance to another people's court,It shall transfer the case to the competent

The right of a people's Procuratorate or the people's Procuratorate at a higher level shall submit the common designation of jurisdiction,At the same time notification transferred for examination and prosecution of public security

Organ.

The higher people's Procuratorate accepts the public security organ at the same level for examination and prosecution cases,That fall within the jurisdiction of the people's courts at different levels,

Can make the lower level people's Procuratorate review,From the lower level people's Procuratorate public prosecution to the people's court at the same level,At the same time shift for notification

The public security organs to find sue.

A committed several crimes, common crime and other trial cases,As long as one or a crime belongs to the superior

The people's Procuratorate jurisdiction,The cause of the higher people's Procuratorate for examination and prosecution.

In accordance with the provisions of the criminal procedure law to the designated jurisdiction,The people's Procuratorate shall, in the investigation organs for examination and

Pretrial negotiation people's courts at the same level for the designation of jurisdiction related matters.

Article 363rd a people's Procuratorate for examination and prosecution cases,It is necessary to find out:

　　(A)If the suspect identity status clearly,Include name, sex, nationality, date of birth, occupation and single

Position;The unit crime,Whether the relevant units of clear;

　　(Two)Whether the facts of the crime, the plot clearly;The implementation of crime of time, place, means, the facts of the crime, the consequences

Is it clear;

　　(Three)Criminal charge and the nature of the opinion is correct;There is no statutory heavier, lighter, mitigated or exempted

The plot and discretionary penalty shall be given a heavier, lighter punishment;Recognizing the case crime suspect in the crime responsibility

Whether it is appropriate;

　　(Four)Evidence to prove the facts of crime including the decision to take measures of technical investigation and material evidence with the case

Transfer;The evidence of material property is illegal income is transferred along with the case;List, not to copy the evidence

, photos and other documents of certification is transferred along with the case;

　　(Five)The evidence is true, full,Whether the collection of,There is no exclusion of illegal evidence in the case shall be;

　　(Six)Investigation of various legal procedures and the litigation documents are complete;

　　(Seven)There is no omission crimes and other criminal responsibility shall be investigated;

　　(Eight)Is not the criminal responsibility shall be investigated;

　　(Nine)There is no incidental civil action;For the state property, collective property losses,If required by the people's Procuratorate

To file an incidental civil action;

　　(Ten)Compulsory measures is appropriate,The arrest of the suspect,It is necessary to continue to detain without;

　　(Eleven)The legality of the investigation activities;

　　(Twelve)Money and property involved in attachment, seizure, freezing and whether the safekeeping,The list is complete;The lawful property of the victim

The return and prohibited articles and perishable goods whether it,If the documents are complete.

364th people procuratorate to examine the case,Shall interrogate the criminal suspect,Listen to the defendant, victim and

The litigation representative opinions,And making a record attached.

The defender, the victim and his litigation representative put forward written opinions,Be attached to.

Difficult 365th to hear directly from the defender, the victim and his litigation representative opinions,Can pass

Know the defender, the victim and his litigation representative put forward written opinions,Comments are not present within the specified period of time,Shall be recorded in the

Case.

Article 366th the people's Procuratorate deems it necessary to identify some specific problems in the cases and the investigation organ

No identification,The investigation organ shall require identification;When necessary, can also be by the people's Procuratorate or the people's identification

Procuratorate to have the qualification of people.

The people's procuratorates self identification,Can be invited to participate in the investigation organ,When necessary, can employ qualification

People participate in the.

Article 367th in the process of review and prosecution,Found the suspect may be suffering from a mental disease,The people's Procuratorate shall

To identify the suspect in accordance with relevant provisions of the rules.

The suspect's defender or near relatives suspect may be suffering from a mental disease and the application of criminal suspects

Identification of,The people's Procuratorate also can identify the suspect in accordance with relevant provisions of the rules,To identify the cost

The applicant undertakes.

Article 368th the people's Procuratorate have doubts about the expert opinion,Can ask the expert and making a record attached,

Can also designate a procuratorial technicians or hire qualification were added to some specific problems in the case

Identification or re identification.

The public prosecution department of prosecution evidence relates to the technical issues of the case need to be reviewed,It may be

Procuratorial technicians or other specialized knowledge examination,After examination, shall issue review opinions.

When a people's Procuratorate's examination of 369th cases,The inquest, inspection of the public security organ,That requires complex

Inspection, review,Shall request the public security organ to retest, review,The people's Procuratorate may send representatives to attend the;Can also be re inspection,

Review,Consult the public security organs to participate,When necessary, can also hire specialized technical personnel to participate in.

Article 370th the people's Procuratorate of the material evidence, documentary evidence, audiovisual materials, electronic data and investigation, inspection, identification

Investigative Experiment record, etc. in doubt,Can the situation require investigators to provide access to, making. When necessary

Can be asked to provide evidence, documentary evidence, audiovisual materials, electronic data and investigation, inspection, identification, Investigative Experiment record

Personnel and witnesses and making a record attached,Technical identification of material evidence, documentary evidence, audiovisual materials, electronic data.

Article 371st the people's Procuratorate to deposition questions or that the examination of witnesses is not specific

Or omission,May inquire a witness and making a record attached.

Article 372nd the interrogation of criminal suspects or ask the victim, witness, identification of people,It shall inform the

In the stage of review and prosecution the right to sue.

Article 373rd the interrogation of criminal suspects,Ask the victim, witness, Jian Dingren,Listen to the defender, the victim

And his litigation representative opinions,Shall handle cases by two or more persons.

The interrogation of criminal suspects,Questioning the witnesses and expert witnesses, victims,Should be individualized.

The questioning of witnesses, victims of the site in accordance with the provisions of criminal law 122nd.

Article 374th for the transferred together with the case of the interrogation of a criminal suspect recordings, video or the people's Procuratorate obtained

Audio, video,The people's Procuratorate shall review the recording, video;For major, complex, difficult cases,The necessary

To review the whole recording, video.

Article 375TH the public prosecution department after examination and deems it necessary to arrest a suspect,Should be in accordance with the rules tenth

The provisions of chapter to the investigation and supervision department.

376th investigators to examine the case,Shall make examination of a case report,To prosecute or

Non prosecution and whether to file an incidental civil action,The public prosecution department audit,Report to the chief procurator or inspection

Commission decision.

Investigators believe that shall put forward suggestions to the people's court sentencing,In the review report or sentencing proposal

The sentencing suggestion,Be submitted to the decision.

Review the prosecution to prosecute cases of long,In addition to the rules shall be made by the Procuratorial Committee for discussion and decision of the outside,Straight

The charges or the decision not to initiate a prosecution.

Article 377th the people's Procuratorate to the criminal cases review,In the court force

Must before,That needs to supplement the necessary trial evidence,May request in writing to the investigation organ to provide.

Article 378th the people's Procuratorate in the process of review and prosecution,To find out the possible criminal law article fifty-fourth

The collection of evidence in order to illegal methods,The investigation organ may require the legality of evidence collection to make written explanations or

Provide relevant certification materials.

Article 379th the people's Procuratorate public prosecution departments found in the review investigation personnel to illegal methods to collect crime suspicion

The suspect confessed, the statement of the victim, witness testimony and other evidence materials,The exclusion of illegal evidence should be in accordance with the law and put forward rectification opinions,

At the same time, the investigation organ may require investigators to designate investigation,When necessary, the people's procuratorate can also be adjusted

Check the evidence.

Article 380th the people's Procuratorate considers that the facts of a crime are not clear, the evidence is insufficient or missing, missing an accomplice in the crime

The crime suspect case requires supplementary investigation,Shall give written opinions of concrete,Together with the case file materials shall be returned to the public security machine

Close the supplementary investigation;The people's Procuratorate or conduct the investigation itself,When necessary, may request the public security organ to provide assistance.

The public prosecution department 381st people's Procuratorate for prosecution of the case review of the investigation department,

That the facts of a crime are not clear, the evidence is insufficient or missing, missing the co crime suspects situation requires supplementary investigation

The,Should be written opinions to the investigation department of the supplemental investigation,Together with the case file materials shall be returned to the investigation department of the supplementary investigation;

When necessary, can also be its own investigation,May require the investigation departments to assist.

Article 382nd for the case to a public security organ for supplementary investigation cases,Should the supplementary investigation within one month

Bi.

Supplementary investigation is limited to two times.

Supplementary investigation is completed and transferred for examination before prosecution,The people's Procuratorate to calculate the time limit for examination and prosecution.

The public prosecution department of the people's Procuratorate to the investigation department of supplementary investigation period, the number of in accordance with the provisions of subparagraphs 1 to

The provisions of the three paragraph of execution.

Article 383rd the people's Procuratorate in the process of review and prosecution discretion of investigation,Should be in the prosecution period

Investigation is completed.

Article 384th the people's Procuratorate to have supplemental two investigation organ investigation cases,In the prosecution

And the discovery of new facts of the crime,It shall transfer the case to the investigation organ for investigation;On the criminal facts have been ascertained,Should be in accordance with the law

Prosecution.

Article 385th for the period in the prosecution change under the jurisdiction of the case,After the change of people's Procuratorate for Fu

171st the provisions of the second paragraph of the criminal procedure law cases,The people's Procuratorate handled the case back

The public security organs original investigation of supplementary investigation,Also the investigation itself. Change before and after the number of supplementary investigation jurisdiction returned a total of not

More than two times.

Article 386th a people's Procuratorate for examination and prosecution cases,The decision shall be made within one month;

Major, complicated cases,A month can not make a decision,With the approval of the chief procurator,Can be extended for fifteen days.

The people's Procuratorate for examination and prosecution,Change the jurisdiction,Calculation of the date of receipt of the case from the people's Procuratorate changed

The time limit for examination and prosecution.

387th recovery of wealth,Belong to the lawful property of the victim,Does not need to be presented in court,Shall

When the victim,And the victim in the reimbursement list shall affix their signatures or seals,Specify the return of reason,And the list,

The photo attached.

388th recovery of wealth,Prohibited articles and perishable goods,Should be in accordance with national

The relevant provisions,And the list, photos, the processing results of roll.

389th Department of public prosecution cases handled,Can be applied to the rules of investigative measures and procedures.
Section second prosecution

Article 390th the people's Procuratorate to examine the case,That suspect's criminal facts have been ascertained,

Indeed, sufficient evidence,Criminal responsibility shall be investigated according to law,It shall make a decision to initiate a prosecution.

Any of the following circumstances,You can confirm the crime facts have been ascertained:

Belong to a single crime cases,Find out the facts of conviction and sentencing of or relating to the conviction and sentencing facts have been ascertained,

Unable to find out does not affect the conviction and sentencing facts;

　　(Two)Belong to several cases of crimes,Some crimes have been investigated and in line with the conditions for prosecution,Other crimes can not be identified;

　　(Three)Unable to ascertain the tools for committing crimes, stolen goods to,But there are other evidence sufficient to conviction and sentencing of the accused;

　　(Four)Consistent with the main plot the testimony of a witness, criminal suspects confession and exculpation, victim statement content,Only a

Do not plot inconsistencies and does not affect the conviction.

For second cases,Ought to have found the prosecution of offences.

Article 391st the people's Procuratorate for prosecution in the public security organs in the case,Find the omission of crime or

Should be transferred for examination and prosecution in criminal suspects according to law,Shall request the public security organ for examination and prosecution supplement;For the crime

The facts are clear,Indeed, the evidence,The people's procuratorate can also be prosecuted directly.

Article 392nd the people's Procuratorate investigation that belong to direct the case on file for investigation,In the prosecution

That does not belong to the people's Procuratorate jurisdiction stage,The case facts are clear, the evidence is sufficient,In line with the conditions for prosecution,Straight

The prosecution;Facts unclear, insufficient evidence,It shall be transferred to the jurisdiction of the authority for.

Article 393rd the people's Procuratorate decided to sue,An indictment shall be made.

The main content includes:

　　(A)The basic condition of the accused,Including name, gender, date of birth, place of birth and residence, ID number

Code, nationality, culture degree, occupation, address, work units and positions,Whether the criminal sanction and punishment type and

Time,Take mandatory measures;If the unit is a crime,Shall indicate the name of unit crime and the organization code

, address, contact method,The legal representative and the litigation representative's name, position, contact;If there should be

Criminal responsibility of the personnel directly in charge and other directly responsible personnel,According to the basic situation of the defendant shall be within

Let writing.

　　(Two)The cause of action and the source of cases.

　　(Three)The facts of the case,Including time, place, after the crime, means, motives, consequences and, etc.

Crime related facts elements. The essential elements of the criminal facts should be clear, accurate. Defendant

There are many people accused of crimes,Should enumerate,The same crime for the crime means the same can be summarized description.

　　(Four)According to the prosecution and reason,Including the nature, the defendant violated the criminal law provisions of crime and that crime

The penalty clause, legal lighter, mitigated or heavier punishment plot,The common crime the accused bear responsibility etc..

The defendant real name, address can not be found out,Should according to its nickname or name, address, making the indictment,

And indicate in the indictment. The name may cause damage the reputation of others, corrupt customs and other adverse effects

Ring,The defendant made according to the number and the number of,And attach the defendant's photos,Specify enough to decide whether the defendant

Appearance, physique, fingerprints and other characteristics reflect the defendant.

The indictment shall be attached with the defendant now,The witnesses and expert witnesses, need to have expertise in people,

The victims, witnesses, appraisers need protection list,Money and property involved in case,Incidental civil litigation and other

Note the situation.

The witness, expert witness, expert knowledge of the names of the people should specify the name, gender, age, occupation, address,

Contact information,And indicate the witness, identification is to appear in court.

394th people's Procuratorate prosecution cases,The people's court shall be transferred to the indictment, the coil

Material and evidence.

The indictment should be executed in eight copies,Every increase a defendant to increase the indictment of five.

On the victim's name, address, contact method, the defendant was forced to take measures, whether documented and kept

Problems and spaces,The people's Procuratorate shall be listed in the indictment,Alone is no longer the case materials;For the victim's privacy

Or for the protection of witnesses, expert witnesses, victims of personal safety,But not suitable to open the witnesses and expert witnesses, victims' names, live

Personal information access, work units and contact,You can use a pseudonym in the indictment to replace the witnesses and expert witnesses, victims

Personal information,But that shall be written under the pseudonym etc.,And marked level.

Article 395th the people's Procuratorate for criminal suspects, defendants or witnesses, turn card material

And for the other evidence of criminal suspects and defendants, favorable,It shall transfer the case to the people's court.

The 396th people's court put forward written opinions to supplement the case materials to the people's Procuratorate,The people's Procuratorate

Institute believes that it is necessary to,Since the date of receipt of the notification shall be delivered within three days.

Article 397th for prosecution and,In the people's court before a judgment is pronounced supplementary evidence collection,The people

Cha yuan shall be transferred to the people's court.

During the 398th article in review and prosecution,The people's procuratorate according to the defender's Application,To the public security organ tone

The evidence collected in the period of investigation to prove the criminal suspect, the defendant not guilty.

Case 399th where a people's Procuratorate for prosecution,Can the sentencing recommendations to the people's court. In addition to

A mitigated punishment or be exempted from punishment plot,Sentencing suggestion should be brought within the range of statutory sentencing. Suggest sentenced to

Punishment, criminal detention, control,Have a certain range,Also can put forward specific proposals.

The sentencing recommendations 400th cases for prosecution,You can make a sentencing proposal,Shift in conjunction with the indictment

Send the people's court.

The main contents of the proposal shall include the accused of the crime legal punishment, the people's Procuratorate, sentencing plot

Proposed the people's Court on the defendant sentenced type, range of punishment for punishment execution mode, and puts forward

Sentencing basis and reasons etc..
Section third does not sue

Article 401st the people's Procuratorate to the public security organ for examination and prosecution cases,Found the suspect without

The facts of the crime,With one or fifteenth of the criminal procedural law stipulates the situation,The attorney general or the procuratorial committee

,Shall make a decision not to prosecute.

As for the crime is not a criminal suspect,Need to re investigation,Shall make a decision not to prosecute after written say

The reason,The materials in the case to the public security organ and the public security organ should re investigation.

402nd Department of public prosecution for the case transferred for examination before prosecution investigation department,With the rules

Four hundred and one the provisions of the first paragraph case,Shall be returned to the hospital investigation department,Suggest make withdraw the case.

Article 403rd the people's Procuratorate for supplementary investigation case two,Still believes that the evidence is insufficient,Do not meet the

The prosecution condition,The attorney general or the procuratorial committee,Shall make a decision not to prosecute.

After a people's Procuratorate for supplementary investigation cases,That the evidence is insufficient,Do not meet the conditions of prosecution,And not

A supplemental investigation necessary,May decide not to initiate a prosecution.

Article 404th under any of the following circumstances,Cannot determine the suspect crime and criminal responsibility

Any of the,Is insufficient evidence,Do not meet the conditions of prosecution:

　　(A)The essential fact is the lack of the necessary evidence to prove a crime;

　　(Two)According to the conviction and evidence for the presence of doubt,Cannot be verified;

　　(Three)According to the contradiction between, not to the conviction of evidence and facts reasonably excluded;

　　(Four)Based on the evidence of the conclusion has other possibilities,Not beyond reasonable doubt;

　　(Five)According to the case facts do not accord with the logic and rules of thumb,The conclusion is obviously not in conformity with the convention.

Article 405th a people's Procuratorate decides according to the law of criminal procedure 171st paragraph fourth not to prosecute

,In the discovery of new evidence,Meet the prosecution condition,The prosecution.

Article 406th the people's Procuratorate for minor crimes,In accordance with the provisions of the criminal law does not require punishment or exemption

In addition to the penalty,The attorney general or the procuratorial committee,May decide not to initiate a prosecution.

Article 407th below the provincial level people's Procuratorate handled directly accept the case on file for investigation,Make the decision not to initiate a prosecution

The,Approval shall be submitted to the people's Procuratorate level.

Article 408th the people's Procuratorate decides not to initiate prosecution,Shall make a decision not to prosecute.

The main contents of the decision not to prosecute book include:

　　(A)The basic situation was not to prosecute the person,Including name, gender, date of birth, place of birth, nationality and domicile

, culture degree, occupation, work units and positions, address, identity card number,Whether the criminal punishment,To take coercive measures

Application situation and the place of custody;If the unit is a crime,Crime units shall indicate the name and organization code, the

In the address, contact method,The legal representative and the litigation representative's name, position, contact;

　　(Two)The cause of action and the source of cases;

　　(Three)The facts of the case,Including the denial or charges were not prosecuted facts of crime as well as the decision not to initiate a prosecution root

According to the facts;

　　(Four)Not to prosecute the legal basis and reasons,What made the decision not to initiate a prosecution legal provisions applicable;

　　(Five)Handling attachment, seizure, freezing the money and property involved in the case;

　　(Six)The items of information.

Article 409th the people's Procuratorate decides not to prosecute cases,According to the different circumstances of the case,Not to be prosecuted

People be reprimanded or ordered to make a statement of repentance, apology, compensation for losses.

Not to be prosecuted person needs to be given administrative punishment, administrative punishment,The people's Procuratorate shall make suggestions,With no

The written decision shall be handed over to the relevant competent authority for disposal,And asked the relevant authorities informed treatment.

Article 410th the people's Procuratorate decides not to prosecute cases,The suspect involved in illegal income and other property

Production and processing,According to the provisions of the rules of article 296th.

Article 411st the people's Procuratorate decides not to prosecute cases,The need for investigation of attachment, seizure, freezing

Property lifting attachment, seizure, freezing,Written notice shall be made attachment, seizure, freezing of organs or executive decision

Attachment, seizure, freezing the decision shall cancel the seizure, seizure, freezing.

412nd non prosecution decision,By the people's Procuratorate announced. Publicly announced the decision not to initiate a prosecution

Action should be documented.

The decision not to prosecute the self declared date.

Not being accused in custody,He shall be released immediately;By taking other compulsory measures,Shall notify the executive authorities to release.

Article 413rd the decision not to initiate a prosecution shall be served on the victims or their close relatives and his agent ad litem, was not

The prosecutor and the defender and is not to be prosecuted unit. Time of delivery,Shall notify the victim or his close relatives and

The agent ad litem,If not satisfied with the decision sorry v.,After receipt of the decision not to prosecute the book seven days to people's

The prosecutor's complaint,Can also be without complaint,Directly to the people's court;That is not to be prosecuted,If I'm sorry v. decided not to

Service,After receipt of the decision not to initiate a prosecution to the people's Procuratorate within seven days after the complaint.

414th cases for the public security organs for prosecution,The people's Procuratorate decides not to initiate prosecution,Shall not

The written decision to the public security organ.

Article 415th the public security organ considers that the decision not to initiate a prosecution is wrong,Calls for a reconsideration of the,The public prosecution department of the people's Procuratorate

The procuratorial personnel shall be appointed to review and put forward examination opinions,The public prosecution department audit,Report to the chief procurator or

The procuratorial committee.

The people's Procuratorate shall upon request reconsideration opinions within thirty days after the make the decision of reconsideration,Notify the public security organ

.

Article 416th the people's Procuratorate at a higher level to receive public security organs sorry v. decides to submit review submissions

,Shall be handled by the Department of public prosecution. The public prosecution department designated inspectors to review and put forward examination opinions,The Department of public prosecution negative

Accountability audit,Report to the attorney general or the procuratorial committee.

The people's Procuratorate at the next higher level for review should be in receipt of submissions within thirty days to decide,The review decision making

Given the book to draw the review of public security organs and the people's procuratorates at lower levels. Review by the change of the lower level people's Procuratorate nonprosecution decision

Set,Shall be revoked or altered the lower level people's Procuratorate decided not to prosecute,Implemented by the lower level people's procuratorate.

Article 417th the victim refuses to accept the decision not to initiate a prosecution,Upon receipt of the decision not to initiate a prosecution within seven days after the complaint,

Make a non prosecution decision by a people's Procuratorate of the people's Procuratorate at the next higher level criminal appeal procuratorial departments review.

The people's Procuratorate the victim to make a decision not to prosecute the complaint,The people's Procuratorate decision shall apply

V. materials together with the case file and submitted to the upper level people's procuratorate.

Article 418th the victim refuses to accept the decision not to initiate a prosecution,Upon receipt of the decision not to prosecute seven days after the complaint,By

Make a decision not to prosecute the people's Procuratorate criminal appeal procuratorial departments to review and decide whether to file review.

Article 419th the prosecution criminal appeal review shall present review comments,Report to the attorney general to review

Decision.

Review decision shall be served on the victim, were not prosecuted and make the people's Procuratorate the decision not to initiate a prosecution.

The higher people's Procuratorate after review, make a decision to initiate a prosecution,Decision shall be revoked if a people's Procuratorate nonprosecution,By the

If the people's Procuratorate prosecution,And the public security organs for examination and prosecution review copy of. To appear in court to support the public prosecution by the

The public prosecution department.

Article 420th the people's Procuratorate received people's court accepts the victim to the notification is not prosecutors after,People

The people's procuratorates shall terminate the review,Will make the relevant materials of the case the decision not to initiate a prosecution according to the people's court.

Article 421st is not to be prosecuted refuses to accept the decision sorry v.,Upon receipt of the decision not to prosecute book within seven days

Appeals,Should make decisions by the people's Procuratorate criminal appeal procuratorial departments review. Person who is not to be prosecuted in receipt of

The decision not to prosecute seven days after the complaint,The criminal appeal procuratorial departments to review and decide whether to file review.

The people's Procuratorate criminal appeal procuratorial departments review shall render its opinion,Think we should maintain the decision not to initiate a prosecution,

Report to the attorney general to make decisions of review;That should change the decision not to initiate a prosecution,Report to the attorney general or the procuratorial committee;

Think it shall revoke the decision not to initiate prosecution,Report to the attorney general or the procuratorial committee.

Review decision shall be indicated in the review of facts,Explain the reasons for decision.

Review decision shall be served on the person who is not to be prosecuted, the victim,Revocation decision not to prosecute or not to prosecute the fact or change

According to the law,It shall also will review books copied for examination and prosecution of public security organs and the relevant departments.

The people's Procuratorate to cancel the decision not to initiate prosecution review decision,The case should be referred to the Department of public prosecution

Initiating public prosecution.

Article 422nd the people's Procuratorate refuses to accept the decision not to initiate a prosecution appeal review,In the case shall, within three months as

A decision of reexamination,The complexity of the case,Shall not exceed six months.

The 423rd victim, was not to prosecute decision sorry v.,Complaint,Shall submit the complaint

The book,Specify the grounds for the appeal. The victim, is not to be prosecuted without writing ability,Can also be oral complaint,The people's Procuratorate

Hospital should according to their oral complaints make transcripts.

Article 424th the people's procuratorate finds that the non prosecution decision is wrong,In line with the conditions for prosecution,Shall not

Prosecution decision,Prosecution.

Article 425th the Supreme People's Procuratorate of a local people's Procuratorate prosecution, non prosecution decision,Superior

The people's Procuratorate of the lower level people's Procuratorate prosecution, non prosecution decision,Mistakes are found,Shall be revoked or finger

The lower level people's Procuratorate correction.
The twelfth chapter to attend the court

The first section at the court of first instance

Article 426th a public prosecution,The people's Procuratorate shall send to the national public prosecutor at the

The court of first instance,To support the prosecution.

The public prosecutor shall perform the procurators, procurators or by the prosecutor with the approval of the chief procurator assistant procurators one

To a few people as,And with the clerk for record.

Application of simple procedure in the cases of public prosecution,Can not equipped with the clerk for record.

Article 427th for the prosecution after the change of the cases under the jurisdiction of,The people's Procuratorate prosecution according to the original

Rule 362nd stipulation to the people's Procuratorate shall transfer the case to the jurisdiction and the corresponding.

Accept the people's Procuratorate to examine the case again,According to the law of criminal procedure 169th second

The provisions of paragraph calculation cases from receiving the examination date prosecution deadline.

Article 428th the public prosecutor in the people's court has decided to open a court session,It shall make the following preparations:

　　(A)Be familiar with the case,Grasp the evidence;

　　(Two)Further research and the case law and policy related issues;

　　(Three)To strengthen the professional knowledge may be involved in the trial;

　　(Four)To interrogate the defendant, questioning the witnesses, authenticators, men with specialized knowledge and read, show, playing cards

According to plan and develop quality certification scheme;

　　(Five)The possible evidence legality controversy,To prove the validity of evidence outline and prepare relevant materials;

　　(Six)To public opinion,Preparing for the debate;

　　(Seven)In need of protection for witnesses, to the people's court or suggestions with good work,Do the relevant quasi

Preparation.

Article 429th the people's procuratorates in the people's court or the defendants and their counsel, be received before the hearing

Written material harm, illegally obtained evidence to witness and reflect the Department of,Shall review. For the examination of arrest,

The prosecution period has been proposed and verified and there is no evidence of illegal behavior,It shall notify the parties concerned, the people's court

And the counsel,And in accordance with the verified facts do trial preparation. For the new material or clues,The investigation organ may require the

The legitimacy of the evidence collection is described or provide relevant materials of proof,When necessary, can be self investigation and verification.

430th the people's court shall notify the people's Procuratorate send representatives to attend the court before the meeting,By the court prosecutors

To participate in the,Equipped with necessary clerk for record.

Article 431st in the pretrial conference,The public prosecutor to jurisdiction, avoidance, witnesses, Jian Dingren

With specialized knowledge, the names of the people, the defender to provide evidence of innocence, illegal evidence exclusion, not a public hearing, delay

The trial, the summary procedure is applied, the trial scheme associated with trials and exchange of views,Understand the defender collection

Evidence etc..

Any collection of defense evidence,We should put forward.

The public prosecutor by attending meetings before the court,To know the facts of the case, the evidence and the law applicable to the dispute and disagreement,To solve the

Closing procedure,To attend the court ready.

The 432nd party, the defender, agent ad litem in pretrial meeting of evidence illegally obtained,

The people's court may exist to illegal methods to collect evidence,The people's Procuratorate to the legitimacy of evidence collection

To prove. Requires investigation and verification,In the trial of former.

Article 433rd the people's Procuratorate prosecution to the people's court to all documents, evidence,In the method

The trial process,The need to produce relevant evidence, read, play,Can apply for court, read, play

.

The people's Procuratorate need to prepare and court proof based on the work of the,In the people's court may be served a notice of appearance

Book retrieve relevant documents and evidence.

To retrieve the case materials and evidence,Defense lawyer to request access to files materials,Defense lawyers in the people's Procuratorate shall be allowed

Hospital consult, extract, copy the materials.

Article 434th prosecutor shall carry out the following activities in accordance with the law in court:

　　(A)Read out the indictment,On behalf of the state charged with a crime,Appeal to the people's Court on the defendant to trial;

　　(Two)Interrogate the defendant;

　　(Three)The questioning of witnesses, victims, Jian Dingren;

　　(Four)To apply for court material evidence,Read card not present in court, witness testimony, identification of the expert opinion, exploration

Testing, inspection, identification, Investigative Experiment record and other documents as evidence,Play as evidence of audio-visual materials, electric

The sub data etc.;

　　(Five)Comment on the admissibility of evidence, the applicable law and the circumstances of the case,The sentencing suggestion and reason,In view of the defendant,

Defence counsel for the respondent,The public opinion fully;

　　(Six)To maintain the lawful rights of participants;

　　(Seven)The court case with and without violating the legal procedure situation shall be noted in the record;

　　(Eight)Engage in other litigation activities in accordance with the law.

Article 435th in court,The public prosecutor should be objective, comprehensive, just to show to the court and convicted

Relating to, sentencing the defendant's guilty, guilty guilty evidence.

Conviction and sentencing evidence evidence require separate,Shall be respectively show.

Article 436th the public prosecutor interrogate the defendant,The questioning of witnesses, victims, Jian Dingren,Material evidence,Read card

Not to appear in court, witness testimony should be based on the following facts:

　　(A)The defendant's identity;

　　(Two)The existence of the facts of the crime accused,Whether the implementation of the defendant;

　　(Three)The implementation of crime time, place, method, means, results,The defendant's criminal after the performance etc.;

　　(Four)Criminals involved in a criminal group or other common criminal cases of their own position and responsibility;

　　(Five)The defendant has no capacity for criminal responsibility,There is no intent or negligence,The behavior motivation, purpose;

　　(Six)There is no law should not be held criminally responsible situation,There is no statutory heavier or lighter, reduction and exemption

Of punishment;

　　(Seven)The main feature of object of crime, crime tools,And the property related sources, the number of crime and to;

　　(Eight)The defendant denied indictment of all or part of the facts of the crime accused,To deny the basis and reason can be established;

　　(Nine)Other facts, conviction and sentencing.

Article 437th in court,The following facts do not have evidence to prove it:

　　(A)Known to the common people common sense facts;

　　(Two)The people's Court recognized and not in accordance with the procedure for trial supervision to reopen the fact;

　　(Three)Laws, regulations and applicable to be aware of the judicial personnel to perform their duties in the;

　　(Four)If the objection is not present in court procedure in fact;

　　(Five)The presumed fact law;

　　(Six)The natural law or law.

Article 438th interrogation of a defendant, questioning the witnesses should avoid may affect statements or testimony of objective truth

Induction of interrogation, interrogation and other improper interrogation, interrogation.

Counsel for the defendant or witness induced asked or other improper interrogation may affect statements or testimony

The objective reality,The public prosecutor may request the judge to stop or refuse to accept the statements or testimony.

People accused of common crimes, questioning witnesses shall be questioned individually.

The defendant, witness statement for the same facts exist contradictions need confrontation,The public prosecutor may suggest the court summoned

The defendant, witness to appear in court at the same time.

The 439th defendants in the trial of the statement and in the investigation, prosecution or not consistent in confession

The content does not affect the conviction and sentencing,Can not read the defendant confession.

The defendant in the trial of the statement and in the investigation, prosecution of confession is not consistent,Enough to affect the conviction and sentencing,Can

In order to read the defendant confession,And the defendant confession record in the interrogation of the defendant,Or some other

Evidence to prove.

Article 440th the public prosecutor disagrees with the testimony of a witness,And the testimony of witnesses have a significant impact on Sentencing

The,May apply to the people's court to inform the witnesses to testify in court.

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

Prosecutors have objections to the expert opinion,May apply to the people's court shall notify the expert to testify in court. The people's court

Know,Identification of refusing to testify in court,The public prosecutor may suggest the court shall not accept the expert opinion as a basis,Also

Can apply for court to inform the expert witness or to apply for re identification.

The public prosecutor may have the expertise to apply to the court for the court notice when necessary,Expert opinion to identification of the proposed

Opinion.

The parties concerned or the defenders and agents ad litem, the testimony of witnesses, expert opinion dissenting,The public prosecutor considers it necessary,

May apply to the people's court to inform the witnesses, expert witnesses in court.

441st witnesses shall be responsible for the people's court shall notify and arrange to testify in court.

For by the people's court notice and witnesses who are not present in court or court refused to witness testimony,Prosecution

Shall be read out in court.

For by the people's court notice and witnesses who are not present in court testimony in doubt, really need a witness to testify in court,

And can enforce the court,The public prosecutor shall advise the people's court for compulsory witness to testify in court and accept the testimony.

442nd witnesses to give testimony in court,The public prosecutor should be in accordance with the judge to determine the order of the witnesses

Ask questions. The public prosecutor may ask the witness to make statements on the understanding of the facts relevant to the case,Can also be directly ask.

The witness can not coherent states,The public prosecutor may also directly ask.

Ask the questions to the witness,According to testimony shall be missing, contradictory, ambiguous and controversial content,It focuses on and

The conviction and sentencing of closely related facts.

Ask a question and answer form should be take,Questions should be concise, clear.

The witness of the false statement,Should be through the questions to clarify the facts,When necessary, should also read the witness in the investigation, review

V. stage to provide testimony or other evidence to show, read to inquire a witness.

The parties and the defenders and agents ad litem, the witness to ask after,The public prosecutor may according to the witness to answer the situation,The trial

Long licensing,Again, ask the questions to the witness.

Ask the experts, who have specialized knowledge may refer to the provisions.

Article 443rd when necessary, prosecutors can suggest the court take not to expose the witnesses and expert witnesses, victims of appearance

The real sound, testify measures,Or the court recommended according to the provisions of the criminal procedure law article 152nd in an out of court settlement

To verify the evidence.

Article 444th for the expert opinion, inspection, inspection, identification, Investigative Experiment record and other as evidence

According to the documents and the court shall notify the victim statement not present in court records,The public prosecutor shall be read out in court.

Article 445th the public prosecutor show the material evidence to the court,Should the physical evidence to prove that the content, obtaining

As a summary,And to the main characteristics of the parties, witnesses told evidence,To identify.

As a summary of Xuan reading cards should be on the documentary evidence to prove that the content, access,To the parties, witnesses told

The main feature of documentary evidence,And let its recognition. Identification of the documentary evidence,We should read the expert opinion.

Article 446th in the process of trial,The defendant and his counsel defendants before court confession illegally

Obtain,The judicial officers should be the court investigation,The public prosecutor may according to the transcripts of interrogation, detention, and record keeper

The health inspection records, the correctional officers recorded conversations and the investigation organ to the valid process description,

To prove the validity of the pretrial interrogation of a defendant,You can ask the court to play the recording, video recording of interrogation,When necessary, can apply for

The court notice or other personnel to explain the situation.

The judges think that there may be fifty-fourth of the criminal procedural law stipulates to collect other evidence by illegal methods

Shape,The need for the court investigation,The public prosecutor can prove the validity of reference to the provisions of the preceding paragraph to collect evidence of.

The public prosecutor cannot prove the legitimacy of evidence collection in,Requires investigation and verification,Can suggest the court adjourned or delay

Hear.

During the trial,The people's Procuratorate may require the investigation organ on the legitimacy of the evidence collection is described or mentioned

For the relevant certification materials,When necessary, can be self investigation and verification.

To prove the validity of the 447th prosecutors to collect evidence of post,The court still has doubt,Can suggest

The court adjourned,On the evidence investigation and verification by the people's court. The people's court investigation to verify the evidence,Notify the people's Procuratorate

To be present at the scene,The people's Procuratorate may send personnel to the scene.

Article 448th in the process of trial,Except for the legitimacy of evidence other procedure fact controversial,

The public prosecutor shall produce, read the relevant litigation documents, investigation or prosecution activities record.

Article 449th for search, seizure, seizure, freezing, inspection, inspection, identification, investigation, experiment investigation

The formation of the controversial check record,Responsible for the investigation and search, seizure, seizure of personnel, freezing, inspection

Inspection, identification, investigation, experiment and other activities of the witnesses to appear in court statement about the situation,The public prosecutor may suggest a collegial panel

The court.

Article 450th in the process of trial,The collegial panel has doubts about the evidence or the people's court according to the counsel,

The defendant's Application,To the people's Procuratorate investigation, review and prosecution. In the collection of the defendant not guilty

Material evidence,The people's Procuratorate shall the people's court to demand the obtaining of evidence materials decision within three days of receipt of the transfer.

None of the above materials,Shall explain the situation to the people's court.

Article 451st in the process of trial,A collegial panel of doubt and conduct an inquest, inspection in the recess of the evidence

Check the attachment, seizure, freezing, evaluation and inquiry,The people's Procuratorate shall carry out supervision according to law,The campaign against

Method of,We should put forward rectification opinions.

Article 452nd the people's court for the collection, collect evidence or collegiate bench adjourned after their own investigation and according to the

The evidence,After the trial, evidence shall be produced to decide whether to use it as a basis for judgments. Without trial produce, quality certificate

Directly adopted as the judgment basis,The people's Procuratorate shall propose corrective advice;Judgment is wrong,Should be in accordance with the law

To lodge a protest.

Article 453rd in the process of trial,With the permission of the presiding judge,The public prosecutor may one by one of the investigating evidence

According to the circumstances of the case and comment,And debate with the defendant, the defender. Investigation of evidence at the end,The public prosecutor should be published

Concluding observations.

In the court debate,The public prosecutor and victim, litigation agent disagree,The public prosecutor should listen carefully to the victim

One, the litigation representative opinions,To clarify their opinions and reasons.

Article 454th the people's Procuratorate sentencing proposal to the people's court,The public prosecutor shall be published in the public prosecution

To see this.

Article 455th the court trial process under any of the following circumstances,The public prosecutor may suggest the court adjourned the trial

Science:

　　(A)Find facts unclear, insufficient evidence,Or omission crime, omission accomplice criminal suspects,The need for supplementary investigation or

Supplementary evidence;

　　(Two)The defendant expose others to crime or provide important clues,The need for supplementary investigation to verify;

　　(Three)Find the omission crimes in criminal suspects or missing,Although not requires supplementary investigation and provide complementary evidence,But the need to

To add or change, additional charges;

　　(Four)Apply to a people's court to inform the witnesses, expert witness or expert who appear in court opinions;

　　(Five)Need to collect new evidence,Re examination or inspection;

　　(Six)The public prosecutor to produce, read the court outside forward send people's court evidence,Add, change or prosecution,

Need to give the defendant, the defenders time necessary to defend;

　　(Seven)The defendant, a defender to show to the court prosecutor does not have the conviction and sentencing evidence,To investigate the nuclear

Real;

　　(Eight)To prove the validity of the public prosecutor to collect evidence of,Requires investigation and verification.

Found in the people's court has one of those situations,The people's procuratorates can suggest that the people's court adjourned

Hear.

Article 456th the court announced the postponement of the hearing after,The people's Procuratorate shall be submitted to the people in the supplementary investigation period

Court court or to withdraw the prosecution of recovery.

The public prosecutor in court during times of postponement of the hearing shall not exceed two times,Each time shall not exceed one month.

Article 457th in the trial process,For the need to provide the necessary evidence or supplementary trial

Investigation of crimes,The people's Procuratorate shall collect evidence and investigation,When necessary, may request the investigation organ to provide assistance;Also

May request in writing to the investigation organ to provide supplementary evidence.

The people's Procuratorate for supplementary investigation,Application of these rules in Chapter sixth, chapter ninth, chapter tenth.

Supplementary investigation shall not exceed one month.

Article 458th in the people's court before a judgment is pronounced,The people's procuratorate finds the defendant's true identity or made

The crime facts and the narrative identity or charged with a crime do not correspond to the facts,In fact, evidence or no change,But the charges

The indictment, applicable law and inconsistent,Can change the prosecution;Find the omission of the criminal suspect or the crime can be a co

And the prosecution and trial,Additional, supplementary prosecution.

Article 459th in the people's court before a judgment is pronounced,The people's procuratorate finds any of the following circumstances,Sure

Withdrawal of prosecution:

　　(A)There is no criminal facts;

　　(Two)The crime is not the defendant;

　　(Three)The plot remarkable slight, but not harmful,Don't think that is a crime;

　　(Four)Insufficient evidence or evidence of change,Do not meet the conditions of prosecution;

　　(Five)The defendant has not reached the age of criminal responsibility,Do not bear criminal responsibility;

　　(Six)The law, judicial interpretation change lead to should not be investigated for criminal responsibility of the accused;

　　(Seven)Other should not be investigated for criminal responsibility of the accused.

For the prosecution to withdraw the case,The people's Procuratorate shall, within thirty days after the withdrawal of prosecution made the decision not to initiate a prosecution. Required

Re investigation,Shall make a decision not to prosecute the case materials to the public security organ,The public security organ should re investigation

And explain the reasons in written form.

For the prosecution to withdraw the case,No new facts or new evidence,The people's Procuratorate shall not be re charged.

New facts is refers to not being the original indictment in the criminal facts. The facts of the crime committing crimes can be referred to

The same charges control,Can also be other charges.

The new evidence refers to withdraw the prosecution after collection, obtaining enough to prove the original criminal facts of evidence.

Article 460th in the process of trial,The people's court that the people's Procuratorate for supplementary investigation, supplementary prosecution,

Additional charges or change the prosecution,The people's Procuratorate shall review the reasons,And whether or not to make supplementary investigation, supplementary prosecution

Additional charges, or change of the prosecution's decision. The people's procuratorates do not agree,You can request the people's court to prosecute

The facts of the crime judgment according to law.

The 461st change, add, add or withdraw the prosecution should be reported to the chief procurators or procuratorial committee will

Set,In writing before a judgment is pronounced in court to a people's court.

Article 462nd court clerk shall make the court record,The time, place, recorded in detail the trial

Additional personnel, prosecutors to main content of task execution and the court investigation, court debate and the court verdict,

Signed by the prosecutor and the court clerk.

Article 463rd the people's Procuratorate shall be handed over to the people's court to retrieve the archival materials and evidence. In the trial

After the judge adjourned,Prosecutors and judges shall handle the transfer procedures. Unable to be transferred,Should be in recess three

Days over.

The defendant property 464th people's Procuratorate to the attachment, seizure, freezing and the fruits thereof,Should be based on

For the following treatment with different:

　　(A)To use as evidence of the real,Shall be transferred together with the case;To be transferred,It should be a list, photos or

Other documents with the case.

　　(Two)Freeze the illegal income in the financial institutions and other involved property,Shall apply to the people's court transferred together with the case of the financial machine

The certificate issued by the,The people's court to make a judgment, ruling,The people's court shall notify the financial institution shall be turned over to the state

Library.

　　(Three)Attachment, seizure of the property,Right shall not be transferred according to law,Shall be transferred together with the case list, photos or other evidence

File,The people's court to make a judgment, ruling,The people's procuratorates shall be turned over to the state treasury in accordance with the notice of the people's court,And

To the people's court shall be sent to the executive.

　　(Four)The seized, frozen bond, stock, fund and other property,In the seizure, freezing period right shin

Please sell,According to the provisions of the rules of article 244th.
The second section summary procedure

Article 465th the people's Procuratorate to the jurisdiction of the basic people's court case,Meet the following conditions,Can be built

On the people's court for summary trial:

　　(A)The case facts are clear, the evidence sufficient;

　　(Two)The suspect confessed the crime,The facts of the crime accused no objection;

　　(Three)The criminal suspect has no objection to the application of summary procedure.

Investigators believe that can be recommended to apply summary procedure,Application of summary procedure should be put in the review comments,

According to the prosecution examination and approval procedures to decide.

Article 466th under any of the following circumstances,The people's procuratorate should not suggest that the people's court for Jian Yicheng

Sequence:

　　(A)The suspect is blind, deaf, dumb,Or has not completely lost the ability to recognize or control his own conduct

Mental patients;

　　(Two)There are significant social impact;

　　(Three)In a case of joint crime of criminal suspects pleaded not guilty or has any objection to the application of summary procedure;

　　(Four)The common crime case more complex;

　　(Five)Counsel pleaded not guilty or has any objection to the main facts of the crime;

　　(Six)Other summary procedure is not appropriate for.

The decision of the people's court for a case in summary procedure,The people's Procuratorate that has the law of criminal procedure 209th

Under one of the circumstances stipulated in,And put forward rectification opinions to the people's court shall;Other summary procedure is not appropriate for the case,People

The people's procuratorates can suggest to the people's court shall not apply summary procedure.

467th basic level people's Procuratorate cases,Consider the case facts are clear, the evidence sufficient,Should be in

During the interrogation of a criminal suspect,To understand whether admit to the crime,The facts of the crime accused have no objection,Inform the

With the law of the summary procedure,Confirm whether you agree to apply summary procedure.

Public prosecution case 468th applies the summary procedure,The people's Procuratorate shall send representatives to attend the court.

The people's Procuratorate to cases in which summary procedure is applied the relative concentration of prosecution,The people's court trial suggest that the relative concentration of

Science.

Article 469th the public prosecutor at the court of summary procedure,Should focus on sentencing and other controversial

The problem of court investigation and debate. In confirmation of the defendant before the court received the indictment of the crime charged in the indictment

No objection,Can be simplified to read out the indictment,According to the case to decide whether to interrogate the defendant,Ask if the witness,

Jian Dingren,Whether there is a need to produce evidence.

According to the case,The public prosecutor may suggest the court to simplify the court investigation and debate program.

Public prosecution case 470th applies the summary procedure,The public prosecutor found it unsuitable to apply the summary procedure,

Should the court recommended according to the ordinary procedure of first instance trial again.

The 471st case is transferred to ordinary procedure,Prosecutors are required to attend the court made ready,Sure

Proposed the people's court adjourned.
The third section at the court of second instance

Article 472nd to the people's court to lodge a protest case or in public prosecution cases decided to court appeal

Piece,The people's Procuratorate at the same level shall send representatives to attend the court of second instance.

Article 473rd the procuratorial personnel to attend the court of second instance is the task of:

　　(A)Support of the appeal or to hear appeals opinion,Made to the people's court judgment or ruling is proposed to correct the error

Opinion;

　　(Two)Maintain the correct or the people's court ruling,The court upheld the original proposal;

　　(Three)To maintain the lawful rights of participants;

　　(Four)Making a record for the court to hear the case without violating the legal procedure of;

　　(Five)Engage in other litigation activities in accordance with the law.

Article 474th against the complaints and appeals,The people's Procuratorate and the people's Court of second instance can be obtained at the same level

Materials related to the lower level people's Procuratorate and the case.

The people's Procuratorate to the people's Court of second instance court, decided to consult the files notice,You can consult or read the case

The volume of materials,Refer to or access to the files and materials shall be in receipt of the notice of the people's court date completed within one month. In a

Within a month can not be completed,Can the people's court adjourned to ask.

Article 475th the procuratorial personnel shall objectively and comprehensively review the original dossier material,Not subject to appeal or protest

Confining restrictions,Review the judgment of the first instance that the facts of the case, apply the law correctly,The evidence is true, full,The sentence is

Not appropriate,Judicial activities are legal,The protest or appeal and shall examine the lower level people's Procuratorate's appeal,The

Solution of protest or appeal reason is correct, the full,The facts of the case, evidence and applicable law review controversial issue

Questions,To do the preparatory work.

Article 476th the procuratorial personnel in the review of cases of first instance in the volume of materials,The main evidence shall review,May interrogate the original

The defendant,Can be added to collect evidence, new or supplementary appraisal when necessary. The need for the original investigation organs supplementary collection

Evidence,The investigation organ may require the original supplementary collection. The defendant, the defendant counsel surrender, meritorious service may influence

Ring of conviction and sentencing materials and clues,The people's Procuratorate in accordance with the rules of jurisdiction over criminal investigation and verification,Also can be customized

For the investigation and verification. Find the omission of crime or co suspects,The investigation organ shall recommend investigation.

For the following defendants,Shall conduct interrogation:

　　(A)Appeal to;

　　(Two)Protested by the people's Procuratorate;

　　(Three)Be sentenced to life imprisonment or criminal punishment.

Article 477th the people's Procuratorate protest cases, death penalty appeal,The following work should be carried out:

　　(A)Interrogate the defendant of the original instance,Listen to the grounds of appeal the defendants or excuse;

　　(Two)When necessary to listen to the opinions of the defender;

　　(Three)Review the main evidence,The questioning of witnesses when necessary;

　　(Four)Supplementary evidence collection when necessary;

　　(Five)There are questions about the expert opinion,Can new or supplementary appraisal;

　　(Six)According to the case,You can listen to the opinions of the victim.

Article 478th the procuratorial personnel to attend before the court of second instance,Shall interrogate the defendant,Ask the victim, card

People, judge and show, read, play evidence plan,Write a outline,And the production of court opinions.

Article 479th in court,The procuratorial personnel shall according to the facts or judgment or ruling

By law, sentencing and other issues,The defense opinion around the protest or appeal reason as well as the defender,Interrogate the defendant,

Ask the victim, witness, Jian Dingren,Show and read the evidence,And put forward opinions and debate.

480th need to show, read, play of the first trial period has been transferred to the people's court evidence,Appear in court

The procuratorial personnel can apply for court, read, play.

In the court of second instance needs to transfer material evidence,According to the provisions of the rules of article 463rd.

The fourth section attends the court

Article 481st the people's court retrial cases,The people's Procuratorate at the same level shall send representatives to attend the court.

Article 482nd the people's Procuratorate of the people's court in accordance with the procedure for trial supervision to the trial of the case,Should

In the original judgment, ruling the facts, evidence, law decided to conduct a comprehensive review,The focus of the review of the controversial facts

Application of evidence and the law.

Article 483rd the people's Procuratorate to send representatives to attend the court,If the retrial cases tried in accordance with the procedure of first instance,

With reference to the implementation of the first section of this chapter, the relevant provisions;If the retrial cases tried in accordance with the procedure of second instance,With reference to the relevant regulations of this chapter in section third

Implementation.
The thirteenth chapter of the special procedures

The first section of the minor procedure of criminal case

Article 484th the people's Procuratorate shall designate a procuratorial personnel familiar with the physical and mental characteristics of juveniles for minor

Criminal cases.

485th after the case is accepted by the people's Procuratorate,Shall apply to the juvenile criminal suspects and their legal representatives

The entrusted people's,And that it has the right to entrust defenders.

The minor suspects counsel did not entrust,The people's Procuratorate shall notify in writing the legal aid institutions assigned law

Teachers provide justification for the.

Article 486th the people's Procuratorate to the minor suspects growth experience, the original according to the situation of crime

To investigate, monitor for education etc.,And make social investigation report,As the case and educational reference.

Social survey of people's Procuratorate,Can be entrusted to the relevant organizations and institutions.

The people's Procuratorate shall examine the public security organs to social investigation report,When necessary, can be a supplementary investigation

.

The people's procuratorates making social investigation report shall be transferred together with the case the people's court.

Article 487th the people's Procuratorate minor suspects arrested cases,Should according to the minor

The suspect alleged criminal facts, subjective malignant, with or without care and social rehabilitation conditions,The comprehensive measure of the social crisis

The risk of,Strictly limit the application of arrest.

Article 488th for the offence is a minor,Have effective monitoring conditions or social help and education measures,No social risk

Or less dangerous to society,Not to arrest without disturbing the normal proceedings of juvenile suspects,Shall not be approved

Trap.

For more serious crimes,But little subjective vicious,Repentance,Have effective monitoring conditions or social services

Shi,Which one of the following circumstances,Not to arrest without disturbing the normal proceedings of juvenile suspects,Can not approve

Trap:

　　(A)The initial crime, criminal negligence;

　　(Two)Preparation for a crime, suspend, attempted;

　　(Three)Are surrendered or meritorious services;

　　(Four)After the crime truthfully metasomatism crimes,Sincere repentance,Positive return,Try to reduce and compensate for the losses,Victim forgiveness;

　　(Five)The first molecule does not belong to the common crime in the crime of the principal or the group;

　　(Six)Belongs to the full fourteen years of age, minors under sixteen years of age or department students;

　　(Seven)The other can not to approve arrest.

The 489th review arrested juvenile suspects,Should ascertain whether it has over fourteen, sixteen

Eighteen years old.

It is difficult to judge the actual age of criminal suspects,Effect on the suspect should bear criminal responsibility cognizance,Should be

When not to approve arrest. Requires supplementary investigation,Notify the public security organ at the same time.

Article 490th in the examination of arrest, prosecution,The people's Procuratorate shall interrogate juvenile suspects,Listen

Take the opinions of the defender,And making a record attached.

Examination of juvenile suspects,It shall notify its legal agent here,Inform the agent ad litem shall have the litigation

Rights and obligations. Unable to inform, legal agent cannot be present or legal representative is the accomplice,Can also be

In other adult relatives notice of juvenile suspects,The school, unit or place of residence of the village committee, in the

On behalf of the Commission, the minors protecting organizations present,And record the relevant information. The present legal representative may

In behalf of the exercise of the litigation rights of juvenile suspects,And shall not infringe upon the legitimate rights and interests of the minor suspects exercise

.

The present legal representative or other personnel that investigators violations in the interrogation of the minor suspects legitimate

Rights and interests,Can give advice. The interrogation record shall be made by the present legal representative or other personnel to read or Xiang Qi

Read out,By its signature, the notes stamped confirmation or fingerprints.

Interrogation of female juvenile suspects,There should be a female prosecutors in.

Ask the underage victim, witness,Provisions of the second paragraph of this article to fourth paragraphs.

491st examination of juvenile suspects generally shall not use equipment. To do personal danger,

Must use the equipment,The real danger is eliminated,Should immediately stop using the.

Article 492nd in accordance with the 271st criminal procedure law, the provisions of the first paragraph of juvenile punishment condition

Case,The people's Procuratorate may decide not to prosecute the conditional decision.

The people's Procuratorate before making a decision of conditional non prosecution,We should listen to public security organs, the victim, juvenile offenders

The crime suspect's legal representative, the opinions of the defender,And making a record attached.

Article 493rd the people's Procuratorate made conditional non prosecution decision,Should be made conditional non prosecution decision

Given the book,And within three days to the public security organs, the victims or their close relatives and his agent ad litem, juvenile crime suspicion

The suspect or his legal representative, counsel.

The people's Procuratorate shall face the juvenile criminal suspects and their legal representatives announced the conditional non prosecution decision,Sue

The legal responsibility that test period, shall comply with the provisions in the test period and in violation of the provisions,And making a record attached

.

494th not to prosecute the conditional decision,The public security organ for reconsideration, or the victim for review

Appeal,The specific procedures shall be handled with reference to the provisions of rule 415th to article 420th.

Responsible for the review, review, review of complaints by the public prosecution department or juvenile crime, procuratorial work mechanism.

The juvenile criminal suspects and their legal representatives to the people's Procuratorate decides the non prosecution of additional conditions have objection,The people

Procuratorate shall make a decision to prosecute.

Article 495th the people's Procuratorate made conditional non prosecution decision,Shall determine the test period. Test period

More than six months in a year,Calculation of conditional non prosecution decision from the people's Procuratorate date.

496th not to prosecute in conditional test period,By the people's Procuratorate to the non prosecution of additional conditions without

Adult suspects for inspection. The guardian of the juvenile suspects,It should be on the juvenile criminal suspects and

Qiang Guanjiao,With the people's Procuratorate to the supervision and inspection work.

The people's Procuratorate may jointly with the guardian of the juvenile suspects, school, unit, residence of the villagers

The committee staff, residents' committees, the minors protecting organizations etc.,Regularly to the juvenile criminal suspects were

Observation, education,The implementation of tracking services.

The 497th is the conditional non prosecution of juvenile suspects,Shall comply with the following provisions:

　　(A)Abide by the laws and regulations,Submit to supervision;

　　(Two)Reporting his activities in accordance with the provisions of the observing organ;

　　(Three)Leave the living city, county, or moved,Organ for approval before;

　　(Four)Treatment and education in accordance with the requirements of the observing organ.

Article 498th the people's procuratorate can ask to be conditional non prosecution of the minor suspects accept the following

Treatment and education:

　　(A)Complete the addiction treatment, psychological counseling or other appropriate treatment measures;

　　(Two)Provide public labor to the community or public interest groups;

　　(Three)Shall not be allowed to enter the specific place,With the specific staff meeting or communication,To engage in certain activities;

　　(Four)To the victim's compensation for the losses, such as an apology;

　　(Five)Educated;

　　(Six)Comply with any other victim protection safety and prevention of recidivism provisions.

The 499th test period,The case handling personnel shall make a non prosecution of submissions conditional,Prosecute

Or not to prosecute the opinion,The departments in charge of auditing,Submitted to the decision of the chief prosecutor.

The 500th is the conditional non prosecution of juvenile suspects,Any of the following circumstances in the test period,People

Procuratorate shall revoke the decision of conditional non prosecution,Prosecution:

　　(A)The implementation of the new crime;

　　(Two)Discover the non prosecution of additional conditions before other crimes prosecution;

　　(Three)In violation of public security management regulations,Causing serious consequences,Or repeatedly violated the public security regulations;

　　(Four)The authorities concerned in violation of conditional non prosecution supervision and management regulations,Causing serious consequences,Or multiple violations of test

The authorities concerned of the non prosecution of additional conditions of supervision and management regulations.

The 501st is the conditional non prosecution of juvenile suspects,Without this rule 500th in the test period

Article of the cases,Test period,The people's Procuratorate shall make a decision not to initiate a prosecution.

Article 502nd the people's Procuratorate handling minor criminal cases in the process of,Should the minors

Material to be confidential,Shall not be disclosed or dissemination of the minor's name, domicile, photos, images and it is possible to infer the

Other minor.

When the 503rd crimes under the age of eighteen,Was sentenced to five years in prison following the penalty,The people's Procuratorate

Hospital should be received in the people's court verdicts after,The criminal record to be sealed.

Article 504th the people's Procuratorate shall minors criminal records, files and other related materials binding will be sealed

成册,Encrypted storage,Not open,And the establishment of specialized juvenile crime archives,The implementation of strict custody system.

505th in addition to judicial organs for handling needs or the relevant units according to the provisions of the state for the query,

The people's Procuratorate shall not be provided to any entity or individual sealed criminal record,And shall provide minors have a criminal record

Prove.

The judicial authorities or the relevant units need to query a criminal record,Shall be submitted to the people's Procuratorate mothballed criminal record

A written application,The people's Procuratorate shall make a decision on whether to permit within seven days.

Article 506th mothballed criminal record of minors,If it is found that the leakage of crime,And leakage crime and crime number storage record

Crimes are decided on more than five years in prison punishment,Shall cancel the sequestration of his criminal record.

Article 507th the people's Procuratorate to the minor suspects after the decision not to initiate a prosecution,It should be on the related records

To be sealed. The specific procedures according to the provisions of the 504th to the 506th article of the rules.

508th the provisions of this section called the minor criminal cases,Is that a criminal suspect suspected of crime has been implemented

Over fourteen years of age, has not reached the age of eighteen criminal cases.

In this section, 485th, 490th, 491st alleged juvenile suspects,Is

That during the litigation persons under the age of eighteen. The suspect alleged criminality implementation has not reached the age of eighteen,In V.

Litigation process has reached the age of eighteen,The people's procuratorates can according to the circumstances of the case the above provisions shall apply.

509th for the juvenile criminal cases,In addition to the existing provisions of this section,According to the criminal procedure law and the

He related regulations.
The second section mediation in cases of public prosecution procedure

Article 510th the following cases of public prosecution,The parties may settle:

　　(A)Due to civil disputes,Suspected of criminal law the fourth chapter, the fifth chapter stipulated crime,May be sentenced to three years in

The following sentence in prison;

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

The prosecution case shall also meet the following conditions:

　　(A)The suspect sincere repentance,To the victim's compensation for the losses, such as an apology;

　　(Two)The clear understanding of the criminal suspect;

　　(Three)The parties are willing to compromise,In accordance with the provisions of relevant laws;

　　(Four)Intentional crime belongs to a specific victim or direct victims of criminal negligence;

　　(Five)The case facts are clear,Indeed, sufficient evidence.

The suspect within five years had intentionally the crime,Do not apply the provisions of this section of the program.

The suspects had criminal intent on making 277th criminal procedure law, the provisions of the first paragraph of crime five years ago,

No matter whether has held an intentional crime,The provisions of the preceding paragraph shall be determined to within five years once the intentional crime.

Article 511st the victim's death,His legal representative, close relative can reconciliation and criminal suspects.

The victim is no capacity or limited capacity,The statutory agent may bring reconciliation.

Article 512nd the suspect is the limited capacity of the,The statutory agent may bring reconciliation.

The criminal suspect in custody,With the consent of the suspect,His legal representative, close relatives can provide reconciliation.

Article 513rd the parties may reach a settlement on compensation, apology, civil liability issues,

And on the victim and his legal representatives or near relatives if required or agreed to the public security organs, people's Procuratorate

The people's court according to law, the criminal suspect leniency consultations,But not to the case facts, admissibility of evidence,

The application of law and the conviction and sentencing law belong to the scope of powers of the public security organ, the people's Procuratorate, the people's Court issues of

Negotiation.

Article 514th the parties may reach a settlement by themselves,Also can be approved by the people's mediation committee, villagers' committee

Committee, residents' committees, the relevant unit or colleagues, friends and other organizations or individuals mediation and reconciliation.

The people's Procuratorate for prosecution case the rules stipulated in article 510th,Can advise the parties to compromise,And report

Know the corresponding rights and obligations,It may be necessary to provide legal advice.

Article 515th the people's Procuratorate shall examine the voluntary reconciliation, legitimacy,The focus of the review of the following

Content:

　　(A)Both parties are voluntary reconciliation;

　　(Two)The suspect is sincere repentance,Whether to make an apology to the victim,The amount of compensation for the economy and caused loss

Harm and compensation ability to adapt;

　　(Three)The victim and his legal representatives or near relatives is clear understanding of criminal suspects;

　　(Four)Compliance with the law;

　　(Five)Whether the damage state, the collective and the social and public interests or the legitimate rights and interests of others;

　　(Six)Compliance with social morality.

Review,Shall listen to the opinions of the parties and other relevant personnel to the reconciliation opinions,Inform the criminal case may be lenient

The legal consequences of science and the rights and obligations of both parties,And making a record attached.

516th after review that the voluntary reconciliation,The content of the legal,And meets the requirements of article 510th

Scope and conditions of the,The people's Procuratorate shall preside over making reconciliation agreement.

The main contents include the reconciliation agreement:

　　(A)The basic situation of the parties;

　　(Two)The main facts of the case;

　　(Three)The suspect sincere repentance,Admit to the crime,The accused of the crime of no objection,To the victim's compensation

Failure, such as an apology;Compensation for loss,Shall state the amount of compensation, fulfilling manner, period;

　　(Four)The victim and his legal representatives or near relatives of the suspect to be forgive,And request or consent of public security

Organ, people's Procuratorate, the people's Court of criminal suspects punishment according to law.

The reconciliation agreement shall be signed by both parties,You can specify the settlement agreement in the people's procuratorates under the auspices of the series production

. Prosecutors don't sign the settlement agreement,Not with the seal of the people's Procuratorate seal.

The reconciliation agreement is made in three copies,The parties hold a,Another hand in people's Procuratorate attached for reference.

Compensation for the loss of the contract 517th reconciliation agreement,Should fulfil immediately on both sides signed the agreement,

At the latest to leniency in people's procuratorates execute. It really difficult to one-off performance,In the victim's consent and

For effective security situation,Can also be phased implementation.

To reach a settlement agreement of 518th parties in the investigation stage,The public security organ of the people's Procuratorate to

The lenient treatment recommendations,The people's Procuratorate the arrest and prosecution in the review should take full account of the public security organs of the proposal.

Article 519th the people's Procuratorate to the public security organ for approval of arrest cases,Both parties reach a and

Solution protocol,Can be used as a factor has no social risk and social risk size to be considered,The review does not need

To be arrested,You can make a decision not to approve arrest;In the stage of review and prosecution can change the compulsory measures according to law.

Article 520th the people's Procuratorate to the public security organ for examination and prosecution cases,Both parties reach a settlement

Agreement,Can be used as a factor in whether penalty or punishment shall be considered,Non prosecution in accordance with the law

Conditions,You can decide not to prosecute.

For it shall initiate a public prosecution according to law,The people's procuratorates can propose lenient punishment sentencing proposal to the people's court.

Article 521st the people's Procuratorate public prosecution to the parties to reach a settlement made the decision not to initiate a prosecution,Should be

When listening to the opinions of both parties for reconciliation,And find out whether the suspect had fulfilled the settlement agreement, not

Real time performance is to provide effective security,Factors as whether the decision not to prosecute the consideration.

The parties in the non prosecution decision was made before the break,Can be reconciled. Can not be reconciled,People

People's Procuratorate shall make a decision not to initiate a prosecution in accordance with the law to prosecute or.

The parties in the non prosecution decision made after back,The people's Procuratorate does not cancel the original decision,But there is evidence to prove that the reconciliation

Except for the voluntary, legal principles of anti.

Article 522nd criminal suspects or their relatives by violence, threat, deception or other illegal method

Forced, to lure the victim reconciliation,Or threat, after the agreement is fulfilled. The victim,Shall be deemed as the settlement agreement without

Effect. Has been made not to approve arrest or the decision not to initiate a prosecution,The people's Procuratorate may cancel the original decision according to the circumstances of the case,Yes

The suspect approval of arrest or prosecution.

The suspect, the defendant, escaping death cases of illegal income confiscated program

Article 523rd for the crime of embezzlement and bribery, crime of terrorist activities and other major crimes,The suspect,

The accused spies,In the year after not wanted to,In accordance with the provisions of the criminal law shall be recovered and the illegal income and other properties involved in case

,The people's procuratorates can put forward to the confiscation of illegal income shall apply to the people's court.

For criminal suspects, defendants die,In accordance with the provisions of the criminal law shall be recovered and the illegal income and other properties involved in case,

The people's procuratorate can also raise the confiscation of illegal income shall apply to the people's court.

Contraband goods and accrued interest of criminal suspect's crimes as well as the suspect illegal holding

The crime, for personal property,Shall be regarded as illegal income of the provisions of the preceding two paragraphs and other involved property.

To the 524th people's Procuratorate investigation organ shall confiscate the illegal income opinions,To the people's court

The confiscation of illegal income confiscated the application and investigation activities, supervision and judicial activities program on the illegal income,The public prosecution

Department for.

Article 525th for the confiscation of illegal income,Shall be made by the intermediate people's court and jurisdiction of the corresponding

The people's procuratorate.

Article 526th the people's Procuratorate shall confiscate the illegal income to apply to the people's court,Shall make a confiscation

The method of application. The main contents of the confiscation of illegal income applications include:

　　(A)The basic situation of the suspect, the defendant,Including name, gender, date of birth, place of birth, residence

More, identity card number, nationality, education, occupation, work units and positions, address etc.;

　　(Two)The case and case source;

　　(Three)The suspect, the defendant's criminal facts;

　　(Four)The suspect, the defendant escaping, wanted or death;

　　(Five)The illegal income of criminal suspects, defendants and other kinds of property, the number, location and attachment

, seizure, freezing condition;

　　(Six)The suspect, the defendant's near relatives or any other interested person's name, address, contact way and to

And etc.;

　　(Seven)The reason for the confiscation of illegal income and the legal basis for.

Article 527th the public security organs to the people's Procuratorate to the confiscation of illegal income of opinion,Shall have jurisdiction

If a people's Procuratorate at the same level public security organs.

Article 528th a people's Procuratorate for examination to the public security organs shall confiscate the illegal income opinions,It is necessary to find out:

　　(A)Whether the jurisdiction;

　　(Two)Compliance with the provisions in the first paragraph of article 280th of criminal procedure law conditions;

　　(Three)The identity of the suspect status,Include name, sex, nationality, date of birth, occupation and unit etc.;

　　(Four)The suspect alleged crimes situation;

　　(Five)The suspects escape, is wanted or death;

　　(Six)Types, quantity, location of the illegal income and other properties involved in case,And the attachment, seizure, freezing;

　　(Seven)The relevant evidence materials and the facts of the crime, the illegal income is transferred along with the case,Should not be transferred to the evidence list,

Copy, photos and other documents of certification is transferred along with the case;

　　(Eight)The evidence is true, full;

　　(Nine)Interested parties of the.

Article 529th the people's Procuratorate shall, after receiving the public security organs to confiscate the illegal income submissions thirty

Days to decide whether or not the decision to apply for the confiscation of illegal income. Can not make a decision within thirty days,The prosecutor number

Quasi,Can be extended for fifteen days.

For the public security organs to confiscate the illegal income case,The review does not comply with the 280th law of criminal procedure

The provisions of the first paragraph of conditions,Don't put the confiscation of illegal income shall make the decision to apply for,And the reason to the written description of the public security organ

;That need additional evidence,It shall make a written request the public security organ to supplement the evidence,When necessary, can also be investigated.

The public security organs supplement evidence time not included in the people's Procuratorate deadline.

Article 530th the people's procuratorates discover the public security organ shall start the illegal income confiscated the program without starting,Can

To request the public security organ a written within seven days do not start a reason.

After review,Thought the police don't start the reason cannot be established,It shall notify the public security organ startup procedure.

Article 531st the people's Procuratorate investigation found that illegal income confiscated program activities in public security organs is illegal

Situation,To the public security organ shall put forward rectification opinions.

Article 532nd transferred to public security organs in the review of the confiscation of illegal income submission process,The escaped criminal

The suspect, the defendant surrendered or were captured,The people's Procuratorate shall terminate the examination,And the case to the public security organ

Handle.

Article 533rd the people's procuratorates directly accept the case on file for investigation,The suspects escape or suspect

Suspected deaths and withdrawal of the case,280th law of criminal procedure in accordance with the provisions of the first paragraph conditions,The investigation department shall start

The illegal income confiscated the investigation procedure.

The investigation department investigation shall ascertain the facts of the crime suspect,The suspect who was wanted, or

Death case,And the illegal proceeds of criminal suspects and other properties involved in case,And can the illegal income and

He seized the property, detain, query, frozen.

The investigation department of the 280th criminal procedure law, the provisions of the first paragraph conditions,Should write shall be confiscated

Opinion book,Together with the case file shall be handed over to the competent people's Procuratorate Investigation Branch,The jurisdiction of the people

Cha yuan investigation department in our hospital to the Department of public prosecution.

The public prosecution department to review the confiscation of illegal income of opinion,Whether or not to make the decision to apply for the confiscation of illegal income,Out

In accordance with the provisions of the rules of procedure article 528th, article 529th.

Article 534th the people's Procuratorate for examination and prosecution in the process,The suspect death,Or the crimes of embezzlement and bribery

, terrorism crimes suspects escape,In the year after not wanted to,In accordance with the provisions of the criminal law

Pursue the illegal income and other property shall be involved,The people's Procuratorate may directly submit the application for the confiscation of illegal income.

The people's court in the trial process,The defendant's death and ordered to terminate the trial,The defendant shall be suspended or escaped

Hear,The people's Procuratorate shall confiscate the illegal income shall be put forward the application to the people's court.

535th people's court to confiscate the illegal income for,The people's Procuratorate shall be liable for

The burden of proof.

The people's courts to confiscate the illegal income for trial,The people's Procuratorate shall send representatives to attend the court.

Article 536th the people's procuratorate finds that the people's court or the trial the confiscation of illegal income in case of violation

The legal procedure,And put forward rectification opinions to the people's court shall.

The people's Procuratorate believes that the people's courts at the same level in accordance with the illegal income confiscated procedure for adjudication of first instance is wrong,

It shall lodge a protest within five days to a people's court at a higher level.

The Supreme People's Procuratorate, the provincial people's Procuratorate think if a people's court in accordance with the procedures for the illegal income confiscated

A legally effective judgment is indeed wrong,Should be in accordance with the procedure for trial supervision to the people's court at the same level of protest.

537th during the trial of a case,The suspect, the defendant surrendered or captured fugitive

Won the,The people's court in accordance with the law of criminal procedure 283rd the provisions of the first paragraph of the termination of trial,The people's Procuratorate shall

Return the books of investigation organ.

538th in addition to the provisions in the first paragraph of the criminal procedure law of 280th to the confiscation of illegal income

,In accordance with the relevant provisions.

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

Article 539th for violence,Endangers public security or seriously endanger the personal safety of citizens,Already

Reach the extent of crime,The mental patient through legal procedures shall not bear criminal responsibility identification,Continue to harm society possible,People

The people's procuratorates shall submit the application to the people's court for compulsory medical.

The book of compulsory medical advice to the 540th people's Procuratorate for examination of public security organs,The people's court for strong

For medical applications as well as the supervision of the compulsory medical decisions,Shall be handled by the Department of public prosecution.

Article 541st compulsory medical application by the applicant violence where the basic level people's Procuratorate

Put forward;By the people's Procuratorate applicant residence provides more appropriate,By the grassroots people's residence

Procuratorate.

Article 542nd the people's Procuratorate put forward the application to the people's court for compulsory medical,Should be made compulsory medical treatment

Please book. The main content of compulsory medical applications include:

　　(A)The basic situation of the mental patients,Including name, gender, date of birth, place of birth, residence, body

A card number, nationality, education, occupation, address, work units and positions,Take a temporary protective restraint measures

And spaces;

　　(Two)The basic situation of the mental patient's legal representative,Including your name, address, contact method etc.;

　　(Three)The case and case source;

　　(Four)The fact that the mental patient violence endangering public safety or serious harm to personal safety,

Acts of violence, including time, place, the consequences and related evidence;

　　(Five)The mental patient is not the basis of criminal responsibility,Including the relevant expertise and other evidence;

　　(Six)The mental patient may continue to endanger the society;

　　(Seven)The reasons and legal basis of compulsory medical application.

The book of compulsory medical advice to the 543rd people's Procuratorate for examination of public security organs,It is necessary to find out:

　　(A)Whether the jurisdiction;

　　(Two)The identity of the mental patient is clear,Include name, sex, nationality, date of birth, occupation and

Unit etc.;

　　(Three)The fact that the mental patient violence endangering public safety or serious harm to personal safety;

　　(Four)The public security organs to identify the mental patient procedures are legitimate,The mental patient is legally not negative

Criminal responsibility;

　　(Five)The mental patient whether to endanger the society may;

　　(Six)The evidence material is transferred along with the case,Should not be transferred to the evidence list, copy, photos or other proof paper

If transferred along with the case;

　　(Seven)The evidence is true, full;

　　(Eight)Temporary protective restraint measures are appropriate.

Article 544th the people's Procuratorate shall, after receiving the transferred by the public security organ in thirty days after the compulsory medical advice

Whether to put in the decision to apply for compulsory medical.

For compulsory medical cases transferred by the public security organ,The review does not conform to the law of criminal procedure 284th

Set condition,Shall make a decision not to put the decision to apply for compulsory medical,And the reason to the written description of the public security organ;That need to fill

Sufficient evidence,It shall make a written request the public security organ to supplement the evidence,When necessary, can also be investigated.

The public security organs supplement evidence time not included in the people's Procuratorate deadline.

Article 545th the people's procuratorates discover the public security organ shall start forced medical procedures and do not start,Sure

Request the public security organ a written within seven days do not start a reason.

After review,Thought the police don't start the reason cannot be established,It shall notify the public security organ startup procedure.

Article 546th the people's procuratorates find public security organs were identified on the mental patient procedures in violation of the law

Or take temporary protection of improper restriction measures,We should put forward rectification opinions.

The public security organ shall take temporary protective measures to restrain and not take,The people's Procuratorate shall suggest to the public security organ

Take a temporary protective measures to restrain.

Article 547th the people's Procuratorate that public security organs to take temporary protective measures to restrain the mental patient

A corporal punishment, abuse and illegal case,We should put forward rectification opinions.

Responsible for the provisions of the preceding paragraph by the procuratorial supervision departments.

Article 548th in the process of review and prosecution,The mental patient suspects identified system shall not bear criminal responsibility

The,The people's Procuratorate shall make a decision not to initiate a prosecution. That meet the conditions stipulated in the criminal procedure law article 284th,Should be

When presented to the people's court for compulsory medical.

Article 549th the people's court for compulsory medical trial,The people's Procuratorate shall send representatives to attend the law

Tribunal.

Article 550th the people's procuratorate finds that the people's court or the trial of compulsory medical cases of violation of law

The procedure,And put forward rectification opinions to the people's court shall.

The people's Procuratorate think compulsory medical court decisions or reject the compulsory medical application decision improper,Should be

When the decision is received copies of the book to a people's court within twenty days after the written opinions on.

Article 551st the people's court in the trial of cases that the defendant comply with the compulsory medical conditions,To be

Tell a person not criminally responsible decision,To make mandatory medical decisions,The people's Procuratorate shall express opinions in court.