"The Supreme People's Court on the implementation of 'of the people's Republic of China Criminal Procedure Law' interpretation of several issues" the Supreme People's Court on June 29, 1998 the 989th meeting of the judicial committee, is hereby promulgated, shall enter into force as of September 8, 1998.

　　　　　　　　　　　　　　　　　　　　　　　　　                      　                      September 2, 1998

Supreme People's court

On the implementation of "the people's Republic of China Criminal Procedure Law"Interpretation of several issues

(in June 29, 1998, the Supreme People's court trial committee 989th meeting)

                               Interpretation (1998) No. 23 
　　

   For the correct understanding and application of the revised criminal procedure law, the people's court trial in combination with the actual work, some specific problems in the implementation of the criminal procedure law interpretation is the following:

A, jurisdiction

A case of private prosecution in a people's court accepts the first direct include:
   (a) to be handled the cases:
   1, insult, libel case (with the exception of the criminal law 246th stipulation, but serious harm to social order and national interest);
   2, the violence of interference in the freedom of marriage case (article 257th of the criminal law stipulated in the first paragraph);
   3, abuse case (article 260th of the criminal law stipulated in the first paragraph);
   4, embezzlement case (the criminal law 270th stipulation).
   (two) the people's Procuratorate no prosecution, the victim has evidence to prove that they are minor criminal cases:
   1, the case of intentional injury (article 234Th of the criminal law stipulated in the first paragraph);
   2, burglary case (the criminal law 245th stipulation);
   3, violation of freedom of communication (the case of article 252nd of the criminal law);
   4, bigamy case (the criminal law 258th stipulation);
   5, case of abandonment (the criminal law 261st stipulation);
   6, the production, the sale of fake and shoddy merchandise case (except for the first section of the third chapter of criminal law provisions, but serious harm to social order and national interest);
   7, intellectual property rights infringement case (with the exception of criminal law third chapter of seventh, but the serious harm the social order and the interests of the state; 8) , belongs to the criminal law of the fourth chapter, the fifth chapter stipulated, the defendant may years in prison following the penalty sentenced to three.
      The above eight cases, the victim directly to the people's court, the people's court shall accept the case. The lack of evidence, can be accepted by the public security organs, or that the defendant may be sentenced to more than three years of punishment, it shall transfer the case to the public security organ for investigation.
   (three) the victim has evidence to prove that the infringement of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate has made a written decision not to pursue the case.

Second the crime refers to the crime occurred. For the purpose of illegal possession of the property crime, crime includes the crime occurred and criminals actually obtained the property crime occurs.

  article third of criminal cases of private prosecution, the prosecutor accused one party or both parties is the China in Hong Kong, Macao, Taiwan living citizens or their domicile is in Hong Kong, Macao, and Taiwan units, from crime to the basic people's court.
     Hong Kong, Macao, Taiwan compatriots told, shall show the residents of Hong Kong and Macao, Taiwan ID card, a home visit permit or other can prove my identity.

Article fourth the people's Procuratorate think ordinary criminal cases punishable by life imprisonment, the death penalty and the prosecution to the intermediate people's court, intermediate people's court, that need not be sentenced to life imprisonment or criminal punishment, according to law, the trial, no longer pay the basic people's court. 　

 Article fifth a committed several crimes, common crime and other needs and trial of cases, as long as one person or one crime court superior people is under the jurisdiction of the court, the higher people's case.

Article sixth of criminal cases involving crimes committed by a unit, under the jurisdiction of the people's court to the crime. If the people's Court of the place of domicile of the defendant units under the jurisdiction of more appropriate, can be under the jurisdiction of the people's Court of the place of domicile of the defendant unit.

Article seventh for the international treaties concluded or acceded to by the people's Republic of China stipulated crime, the people's Republic of China in the scope of the treaty obligations, exercise criminal jurisdiction.
 The provisions of the preceding paragraph shall be under the jurisdiction of the intermediate people's court case the defendant was arrested.

Article eighth in the field outside the people's Republic of China China crimes within the jurisdiction of the ship, the seat of the people's court by the crime occurred after the ship first docked at the port of Chinese.

Article ninth in the field outside the people's Republic of China China aircraft within the crime, the crime occurred after the aircraft landed in China original jurisdiction of the people's court.

Article tenth in the international crimes on the train, in accordance with the relevant jurisdiction agreement signed between China and the relevant countries to determine jurisdiction. Without an agreement, the jurisdiction of the local or the destination of the railway transport court by the crime occurred after the train initially docked Chinese station.

Article eleventh citizens in China consulates in crimes of overseas China, under the jurisdiction of the people's court is located or his original residence by the civil authorities.

Twelfth Chinese citizens crime in the field outside the people's Republic of China, under the jurisdiction of the people's court by the departure of former residence of the citizen or the original domicile.

Thirteenth of foreigners in the territory of the people's Republic of the people's Republic of China or the citizens crime, in accordance with the "PRC Criminal Law" should be punished, governed by the intermediate people's court in the alien land.

Fourteenth found the criminal in prison before the judgment is pronounced, and other crimes have not been tried, under the jurisdiction of the people's court; if the criminals or people's court found the main criminal crime jurisdiction is more appropriate, can be served or the people's court found the main criminal crime jurisdiction. Is serving a sentence in prison and crime, under the jurisdiction of the people's court sentenced by the.
     Criminals serving sentences in the escape during the crime, if it is in the crime to capture and found under the jurisdiction of the people's court, the crime; if it is to be busting escorted back to prison after the discovery of the criminals, the jurisdiction of the people's court.

Fifteenth superior people's court considers necessary under the jurisdiction of a people's court at the trial of criminal cases of first instance, shall apply to the people's court at a lower level to change the jurisdiction issued decision, and notify the people's Procuratorate at the same level.

Sixteenth a basic people's court that the case, for complex or may be sentenced to life imprisonment, the death penalty criminal cases of first instance, the request to the intermediate people's court trial, the collegial panel shall report to the Dean decided that, in the case trial period expires fifteen days before a written request to the. The intermediate people's court shall make a decision to transfer the application within ten days. The intermediate people's court to different meaning, should be the basic people's Court issued a decision to not consent, trial by the grassroots people's court according to law; agreed to, shall apply to the basic people's Court issued a decision to consent, and notify the people's Procuratorate at the same level. The basic people's court received a superior people's court agreed to transfer the written decision, it shall notify the people's Procuratorate at the same level and the parties, and will sue the materials to the people's Procuratorate at the same level.

     Seventeenth where two or more people's courts at the same level have jurisdiction over a case, the people's court that first accepted by the jurisdiction. No trial, when necessary, can be transferred to the main criminal trial of the people's court. The dispute over jurisdiction shall be resolved through consultation, in time; the consultation fails, the people's court dispute respectively report to the common people's court at a higher level to designate the jurisdiction.

 The people's court has jurisdiction over the case for eighteenth of cases involving the president need to avoid such a reason not to exercise its jurisdiction, jurisdiction, may request the people's court at a higher level; the people's court at a higher level may also be under the jurisdiction of the specified request the people's court at the same level with the other people's court.

Nineteenth a superior people's court for the designation of jurisdiction, the people's court shall be designated jurisdiction decision respectively to the designated jurisdiction and other relevant people's court.
  original people's court, the higher people's court other designated court jurisdiction the written decision, no longer exercise jurisdiction. For a case of public prosecution, the people's Procuratorate prosecution shall be written notice, and will return all the materials, and notify the party concerned in writing; as to a case of private prosecution, the people's court shall be all the materials to the designated jurisdiction, and notify the party concerned in writing.

 　Article twentieth servicemen (including the army on the staff members and workers, the same below) and non military common crime, are governed by the military court and the local people's courts or other special courts; relates to national military secrets shall be under the jurisdiction of military courts, all of the.

Article twenty-first the following cases shall be under the jurisdiction of other special courts than where the people's court or military court:
   (a) non military personnel, dependents in a military camp in a crime;
   (two) the soldiers in the apply for retirement formalities after the crime;
   (three) active duty military army before the crime (except for required and the service period with the criminal trial);
   (four) veterans in the service life of crime (except for committing crimes of soldiers violating military duties).

Article twenty-second the people's court when necessary, the people's court at a lower level can be under the jurisdiction of the people's court at a lower level to designate the jurisdiction of other cases.

Two, avoid

　Members of the judicial committee, twenty-third members of the collegial panel and the single judge twenty-eighth criminal law, twenty-ninth under one of the circumstances listed, shall voluntarily withdraw; the parties and their legal representatives shall have the right to apply for the withdrawal of personnel.

Article twenty-fourth the judges recuse themselves, can be oral or written, and explain the reason, be decided by the president.
   The parties and their legal agents to apply for withdrawal of the judicial personnel, can be oral or written, be decided by the president, and inform the applicant of the decision. 　

 Article twenty-fifth the parties and their legal representatives may apply to the people's Court of withdrawal or dean recuse themselves, shall be decided by the judicial committee for discussion and decision, notify the applicant. The judicial committee for discussion and Dean begs the question, presided over by the vice president, the President shall not participate in the.

　Article twenty-sixth shall withdraw staff, I have no self withdrawal, the parties and their legal representatives did not apply for his withdrawal, President of the judicial committee shall decide the avoidance or.

　Article twenty-seventh in accordance with the criminal procedure law the twenty-ninth regulation to avoid the application, the applicant shall provide proof materials.

　The twenty-eighth decided to avoid staff to have the objection to the decision, it may apply for reconsideration in a recovery before the trial was transferred; to apply for the withdrawal of the parties and their legal representatives have objections to the decision, apply for reconsideration to the court a.

   Article twenty-ninth does not belong to the law of criminal procedure twenty-eighth, twenty-ninth under the circumstances to apply for the withdrawal of the court, court rejected, and may not apply for reconsideration.

　Article thirtieth the parties and their legal representatives to prosecutors, court clerk to apply for withdrawal, the people's court shall notify the procuratorial personnel assigned to the people's Procuratorate, decided by the hospital or the procuratorial committee procurator.

　Thirty-first in the case investigation, prosecution investigation, procuratorial personnel, if the work to the people's court, as the case may be judges.
    Members who participated in the trial work in a trial of the collegial panel, shall not participate in other programs in this trial. 　　

    Article thirty-second the avoidance provisions, apply to court clerks, interpreters and identification of human. Which begs the question is decided by the people's court.

Three, defence and representation

　 Article thirty-third the people's court process, should fully guarantee the accused exercise thirty-second criminal procedural law stipulates the right of defense. But the following persons shall not be appointed as the defender:
   (a) by the probation and the penalty is not completed;
   (two) according to the deprivation, restriction of personal freedom of the people;
   (three) no capacity or limited capacity;
   (four) the people's court, the people's Procuratorate, the public security organ, the state security organs, prisons present personnel;
   (five) the people's jury;
   (six) has an interest relationship with the trial results;
   (seven) a foreigner or stateless person.
     The preceding paragraph (four), (five), (six), (seven) the provisions of, if the defendant's near relatives or guardians, commissioned by the defendant as a defender, the people's court may approve.

The thirty-fourth article of the law, people's organizations, the defendant unit recommended citizens as well as the defendant's guardians, relatives and friends, be appointed as the defender, the people's court shall verify the identity and the defense attorney.

Article thirty-fifth a defendant to entrust defenders shall not exceed two. In the case of joint crime, a lawyer shall not be more than two co defendants.

Article thirty-sixth the accused does not entrust a defender and has one of the following cases, the people's court shall appoint one for him:
   (a) the blind, deaf, dumb or a person with limited ability of people;
   (two) during the hearing minors under the age of eighteen;
   (three) may be sentenced to death.

Article thirty-seventh the accused does not entrust a defender and has one of the following cases, the people's court can appoint one for him:
   (a) conforms to the standard of economic difficulties prescribed by the local government;
   (two) I have no source of income, the family economic status cannot be ascertained;
   (three) I have no source of income, the family after a lot of persuasion is not responsible for its defense attorneys' fees;
   (four) in a case of joint crime, the other defendants has entrusted a defender;
   (five) with foreign nationality;
   (six) have a significant social impact cases;
   (seven) the people's court for prosecution and deportation case evidence materials may influence the correct conviction and sentencing.

thirty-eighth defendants insist on exercising the right to defend himself, the people's court rejected the defender designated by the people's court shall permit the,, and recorded; the defendant with the interpretation of the provisions of article thirty-sixth circumstances, the refusal of the people's court appointed counsel for the defence, has justified reasons, the people's court shall permit, but the defendant must entrust another defender, or the people's court appointed defense shall be separately the.

Thirty-ninth designated by the people's court counsel, should undertake the duty of legal aid in accordance with the law.

Article fortieth the people's court shall provide convenient access to lawyers, copied, copied to the case of the facts of the crime accused materials, and ensure that the necessary time, other defenders, with permission of the people's court, consult, extract, copying of the case material of the facts of the crime. But the trial committee and the collegial panel discussion records and related other clue to the case materials, defense lawyers and other defenders may consult, extract, replication.

Forty-first defense lawyers can meet with the defendant in custody and communication. Other defenders, with permission of the people's court, also with the defendant in custody meeting and communication.

Article forty-second the people's court within three days after accepting a case of private prosecution, inform the defendant shall have the right to entrust defenders; and shall inform the prosecutor and his legal representatives, the party in an incidental civil action and their legal representatives shall have the right to entrust agents ad litem.

Forty-third defense lawyers for providing to the victims and their close relatives, the victim witness to collect materials related to the case, the people's court deems it necessary, he shall be permitted to issue the permit, and survey report.

Forty-fourth defense lawyers to witness or other units and individuals concerned, obtaining collected materials related to the case, because the witness, the relevant units and individuals do not agree, apply to the people's court to collect, collect, the people's court considers necessary, shall agree.

Forty-fifth defense lawyers to apply directly to the people's court for the collection and obtaining of evidence, the people's court that the defense lawyers should not or cannot ask the witnesses or other relevant units and individuals collected, extracted, and indeed necessary, should agree. The people's court according to the application for collection, investigation and evidence obtainment defense lawyers, the applicant can present. The people's court according to the application collection, take counsel's evidence, it shall timely copy to the applicant.

Forty-sixth defense lawyers according to the provisions in the first paragraph of article forty-third, article forty-fourth, article forty-fifth the interpretation proposed application, shall be made in written form, and explain the reasons for application, lists need to survey questions.

Article forty-seventh party entrust agents ad litem shall refer to the provisions of the criminal procedure law and the thirty-second to explain the thirty-third execution.

Forty-eighth if a law agent responsibility according to the facts and the law, safeguard the victim, private prosecutor or incidental civil action litigant's legitimate rights and interests.

The forty-ninth article of the law serves as an agent ad litem, consult, extract, copy the materials pertaining to the case, to understand the. Other litigation agent approved by the people's court, may also consult, extract, copying the relevant materials of the case, to understand the. Need to collect, collect materials related to the case, can refer to this interpretation of article forty-fourth, the provisions of article forty-fifth.

Fiftieth agents ad litem shall submit to the people's court shall be signed or sealed by the power of attorney; if a principal is a party in an incidental civil action, litigation agent shall submit to the people's court shall be signed or sealed by the power of attorney.

Article fifty-first the people's court for lawyers, other defenders and agents ad litem consult, extract, copy the case of the facts of the crime accused materials, only collect the necessary copy materials fee.

Four, evidence

Fifty-second need to use evidence to prove the facts of the case include:
   (a) the defendant's identity;
   (two) whether the alleged crimes exist;
   (three) the alleged behavior is implemented by the defendant;
   (four) the defendant is innocent, motivation, purpose;
   (five) the implementation of behavior of the time, place, and other circumstances, the consequences;
   (six) the relationship between the defendant's liability and other - people;
   (seven) whether the defendant's acts constitute a crime, there is no legal or discretionary heavier, lighter, mitigated punishment or be exempted from punishment plot;
   (eight) and sentencing facts.

The fifty-third collection, documentary evidence shall be the original. Only when the original is difficult when, can duplicate or copy.
      Collection of evidence, should be the original. Only in the original inconvenient for transportation, is not easy to preserve or shall be returned to the victim, it can take enough to reflect the original shape or the content of the photo, video.
     Documentary evidence, material evidence copy copy, photos, videos, only without the error with the original, the original verification or the identification of true original, original, can have the same power to prove.
     Making copies of copies of documentary evidence, material evidence, taking photos, videos and evidence for the recording, the producer shall not be less than two. Copy, copy and photos, audio and video products provide evidence shall be accompanied with the original text and the original production process, a store where instructions, and stamped by the producer or signature.

Article fifty-fourth the people's court according to law to the relevant units and individuals to collect, obtain, investigation, verification of evidence, when necessary, may notify the prosecutor, defender at. Written evidence materials of the people's court for the collection, the units concerned to take, must be signed by the human, and affix its seal; written evidence court to the personal collection, transfer, must confirm the signature or seal is correct by oneself.

Article fifty-fifth the people's court in a case of public prosecution shall investigate, verify the evidence of the facts of the case, find new material evidence plays an important role, it shall inform the prosecutor and defender. When necessary, can also direct extraction, copy to prosecutors and defenders.

The fifty-sixth people's Court of the relevant units and individuals to provide evidence, shall issue a receipt, name, indicate evidence of receipt time, number of pages, and whether the originals, the clerk or judge signature.

Article fifty-seventh for the witness can distinguish between right and wrong, the correct expression, when necessary, review or identification.

Fifty-eighth lines of evidence must be produced in court, identification, quality certificate, court investigation procedures verified, otherwise it can not be taken as a basis. The witness appearing in court to give evidence, to be in court by the public prosecutor, the victim and the defendant, defenders such as the two sides asked, testimony, the testimony through the review does, can serve as the basis for deciding not to appear in court; witness's testimony in court read after verified, can be taken as a basis. The court found the witness intentionally giving false testimony or concealing criminal evidence, shall be dealt with according to law.

Article fifty-ninth for identification of the conclusions have doubt, the people's court may designate or appoint a special knowledge or expertise institutions, supplementary identification or re identification of some specific problems in the case.

Article sixtieth the people's court in the trial, the appraisal conclusion to the designated by the provincial people's government by the hospital, after examination, that is, not as yet based on other hospital, can employ separate the provincial people's government designated supplementary identification or re identification.

The sixty-first forbidden to collect evidence by illegal methods. If the verification is actually using torture to extract confessions or threat, enticement, deceit and other illegal acquisition of testimony of witness, the statement of the victim, the confession of the defendant, can not be taken as a basis.

Article sixty-second in the open trial, the prosecution, litigation participants proposed to involve state secrets or personal privacy evidence, the presiding judge shall stop. If it is related to the case, the case shall decide to not be heard in public.

Five, compulsory measures

Article sixty-third the people's court in the trial process, according to the circumstances of the case, the defendant detention, bail, residential surveillance or decision of arrest. The collegial panel or the single judge that the defendant shall be revoked or altered compulsory measures, shall be submitted to the approval of the president of the court.

Article sixty-fourth after summoned according to law, refuses to appear in court, or according to the circumstances of the case is the defendant need to summon, may summon. Summon executed by the judicial police, enforcement personnel shall not be less than two. Summon the defendant, shall show the coercive summons. Resist arrest, can use the ring.

Sixty-fifth judges to summon people, should be within twelve hours after completion of its interrogation, not to continuous summons in disguised forms held detained person.

Article sixty-sixth the defendant is under any of the following circumstances, the people's court may decide to bail or residential surveillance:
   (a) may be sentenced to public surveillance, detention or independent additional penal apply;
   (two) may be sentenced penalty above, take bail, residential surveillance would not endanger society;
   (three) should be arrested and is suffering from a serious disease, or are pregnant, breast-feeding her own baby.

The sixty-seventh people's court bail, residential surveillance shall be decided on the defendant, announced to himself, and the defendant in the bail decision or residential surveillance decision signed.

Sixty-eighth of the detained defendant or his legal representative, close relatives and lawyers have the right to apply for bail. Application for bail shall be made in written form. The people's court shall decide whether or not to agree to reply within seven days after receiving the written application. To meet the bail conditions and puts forward a guarantor or to pay margin, the people's court shall agree, and apply for bail formalities in accordance with the law; do not comply with the bail conditions, do not agree to bail, it shall inform the applicant, and explain the reason not to.

Article sixty-ninth in accordance with bail conditions, the defendant is under any of the following circumstances, the people's court decided to bail, can be ordered to provide one to two guarantee:
   (a) to pay margin;
   (two) minor or have other not collect margin situation.

Article seventieth the people's court shall strictly examine the guarantor is consistent with the statutory conditions. Meet the guarantee conditions, should be told that he must fulfill the obligations, which he issued a letter of guarantee.

Article seventy-first the decision of a people's Court on the defendant to obtain a guarantor pending trial, according to the circumstances of the case, may be ordered to pay the deposit. Margin only cash. The people's court shall, according to the nature of factor, accusation of crime, the defendant's economic situation, the amount of decision shall collect the deposits. The security deposit shall be in accordance with the relevant provisions of the public security organ and the custody over charged by.

Article seventy-second the bail decision against the same defendant, cannot use the guarantor guarantees and deposit guarantee at the same time.

Seventy-third according to the facts of the case, that the defendant has constituted a crime of escape and hide in the release on bail, if the guarantor collusion with the defendant, to assist the Levant and knowingly hiding place and refused to provide to the judicial organ, the surety shall be in accordance with the criminal law shall be investigated for criminal liability. Has the circumstances as prescribed in the preceding paragraph, if the defendant defendants bail and incidental civil action, the guarantor shall bear joint and several liability, but should be based on its guarantee of plaintiff of the supplementary civil action filed a claim amount.

The seventy-fourth were released on bail people violate the fifty-sixth law of criminal procedure shall be confiscated according to law, deposit, the people's court has decided to bail, bail period shall be calculated continuously.

Article seventy-fifth the people's procuratorates, public security organs have to suspect bail, residential surveillance, prosecution case to the people's court, the people's court for bail, monitoring the living conditions, should be in accordance with the law to the defendant to apply for bail, for residential surveillance procedures. Bail, residential surveillance period is recalculated. The people's court shall not against the same defendant who repeatedly take bail, residential surveillance measures.

Article seventy-sixth the decision of a people's Court on the defendant bail, residential surveillance, should be announced immediately after the bail decision, bail enforcement notice or under surveillance, surveillance of residence the notice of execution, the public security organ responsible for the implementation of the service.

Article seventy-seventh the people's court for evidence to prove the facts of the crime, may be sentenced to a prison sentence of the above, that the guarantor pending trial, surveillance and other measures, is not sufficient and necessary to arrest and prevent the occurrence of social danger, shall be decided in accordance with the law to arrest.

The Seventy-eighth people's court made the decision of arrest, shall be sent to the public security organ to execute arrest book. Will the defendant after the arrest, the people's court shall cause the arrest and detention of the premises, in twenty-four hours to inform the family of the arrested person or the unit; did not notice, shall be recorded in the rolls of reason.

Article seventy-ninth to the people's court decided to arrest the defendant, the judge must interrogate the arrest within twenty-four hours after. If found not should be arrested, should be reported to the approval of the president of the court, compulsory measures change or immediate release. Immediate release, shall be issued a release certificate.

Eightieth of the defendants have arrested, one of the following circumstances, the people's court may change coercive measures:
   (a) suffering from a serious disease;
   (two) cases cannot be concluded within the time limit prescribed by law;
   (three) are pregnant, breast-feeding her own baby.

Eighty-first of the defendants have arrested, one of the following circumstances, the people's court shall change the compulsory measures or release:
   (a) the people's Court of First Instance sentenced to public surveillance or probation and a separate application of additional punishment, decision has no legal validity;
   (two) period, the people's Court of second instance trial, the accused in custody has been time to the people's Court of First Instance sentenced to prison terms of;
   (three) for judicial authentication and a pending case, the law of the expiration of the.

Article eighty-second for any of the following circumstances of the defendant, should change coercive measures, decided to arrest:
    (a) has been released on bail pending trial or residential surveillance of the accused person, in violation of the provisions of the criminal procedure law article fifty-sixth, article fifty-seventh, not to arrest possible social danger;
    (two) with the interpretation of article sixty-sixth (three) stipulation situation not arrest the defendant, disease or lactation is full.
     The decision to change the mandatory measures, he shall be arrested, it shall notify the responsible for the implementation of the bail or residential surveillance of the public security organ.

Article eighty-third the defendant in custody of the need to change the mandatory measures or release, should will change coercive measures decision or release notice to the public security organ to implement.

Six, incidental civil action

Eighty-fourth the people's courts handle criminal cases, can inform suffered material losses due to crime victims (citizens, legal persons and other organizations have died), a close relative of the victim, incompetence or limited capacity his legal representatives, have the right to file an incidental civil action.
   Have the right to file an incidental civil lawsuit people give up litigation rights, it shall be allowed, and record.

Article eighty-fifth if it is state property, collective property suffer a loss, loss of entity fails to file an incidental civil action, the people's Procuratorate in the prosecution file an incidental civil action, the people's court shall accept.

Article eighty-sixth incidental civil action shall bear the liability for compensation of the people including:
   (a) the criminal defendant (citizens, legal persons and other organizations) other common perpetrator and not be investigated for criminal responsibility;
   (two) the underage criminal defendant's guardian;
   (three) has been executed criminals of inheritance;
   (four) in a case of joint crime, the case has been concluded before the death of the inheritance;
   (five) other crimes of the criminal defendants to units and individuals shall bear civil liability for compensation.

Eighty-seventh adult defendants of incidental civil action, it shall bear the liability for compensation, if their relatives willing to bear, he shall be permitted to.

Article eighty-eighth incidental civil action is:
   (a) the plaintiff in incidental civil lawsuit filed, legal compliance with the statutory conditions;
   (two) the defendants have clear;
   (three) the specific requirements of a claim for compensation and the facts;
   (four) the material loss is caused by the defendant's criminal act;
   (five) belonging to the people's court accepts the range of supplementary civil action.

　Article eighty-ninth incidental civil action shall be filed in the future of criminal cases of first instance declared previously mentioned. Have the right to file an incidental civil action in the first instance by the people before the announcement did not mention, not to file an incidental civil action. But it can be a civil lawsuit in criminal ruling.

Article ninetieth in the investigation, pre-trial, the stage of review and prosecution, have the right to file an incidental civil action to the people's Procuratorate of people of public security organs, claim for compensation, the people's Procuratorate, the public security organs have been documented, criminal prosecution, the people's court shall, according to the incidental civil action case acceptance; mediation by a people's Procuratorate, the public security organs, parties the two sides reach an agreement and has paid, and adhere to the victims filed a supplementary civil action, the people's court may also accept.

Article ninety-first to file an incidental civil action shall submit the supplementary civil lawsuit in general. Written complaint is difficult, can be an oral complaint. The judges shall on the plaintiff's request and asked in detail about the oral proceedings, and making a record, read to the plaintiff; the plaintiff confirmation, shall be signed or sealed.

The ninety-second people's court received the incidental civil pleadings, the examination shall be conducted, and decide whether the case within seven days. In accordance with the seventy-seventh law of criminal procedure in the first, two and the interpretation of the provisions of article eighty-eighth, shall be accepted; not in conformity with the provisions, the court shall prosecute.

Article ninety-third the people's court shall in incidental civil action, the defendant in an incidental civil action within five days of delivery of incidental civil indictment copy, or an oral complaint content timely notify the defendant in an incidental civil action, and making a record. If the defendant is minor, incidental civil complaint shall serve a copy of the legal representative, or an oral complaint content notice his statutory agent.
     The people's court civil indictment copy, should be based on criminal trial period, determine the defendant or his legal representative to submit civil pleading time.

The ninety-fourth party incidental civil lawsuit case for their claims, have the responsibility to provide evidence.

Article ninety-fifth the people's Court of the incidental civil lawsuit, when necessary, may decide to seal up or detain the defendant property.

　Article ninety-sixth the incidental civil lawsuit, in addition to the people's Procuratorate filed, can mediate. Mediation shall be based on the voluntary and legally. If an agreement is reached through mediation, the judges shall timely mediation. Mediation by the parties shall sign the law.
     The mediation agreement and the completion of the implementation of the, can not mediation, but shall be recorded in writing, the parties, the judges, the clerk shall affix their signatures or seals to the law.

Article ninety-seventh the conciliation or mediation agreement cannot be reached before signing receipt of Party estoppel, incidental civil action shall be decided together with the criminal litigation.

Article ninety-eighth the plaintiff in the incidental civil action with the people's court summons, refuses to appear in court without proper reason, or midway without permission by the court adjourned, should according to the withdrawal of treatment.

Article ninety-ninth for the victim has suffered material losses or the defendant's compensation ability are difficult to determine, as well as the incidental civil litigation parties were unable to appear in court cases, in order to prevent the excessive delay in the trial of criminal cases, civil suit collateral in the trial of criminal cases, the trial to trial by the same organization. If the members of the organization with a trial did not continue to participate in the trial, the trial organization members can be replaced.

The 100th people's court trial of the incidental civil lawsuit, in addition to the application of criminal law, criminal procedure law, should also apply the general principles of the civil law, civil procedure law.

Article 101st the people's Court of public prosecution of the defendant's conduct does not constitute a crime, to have an incidental civil action, reach an agreement after mediation can not, shall make criminal incidental civil judgment.

Article 102nd the people's Court of civil suit collateral to criminal proceedings, no charge litigation fees.

Seven, during the trial period, delivery

103rd time periods shall be calculated by the time, day, month. During the beginning of the day and do not calculate within the time period; the statutory period shall be calculated, the journey time deduction; the last day of the period for the holiday, the first day after the holiday period for the expiration date. But for the defendant in custody or criminals, so far the expiration date shall be to the period, not because of the holidays and to extend the detention period.
   The parties due to irresistible causes or for other legitimate reasons and time limit, apply to proceedings that should have been completed before the expiration, the people's court shall be verified, ruled to permit. In months of time, from this day until next month for a month, such as 1 this month from 1 days to one month, the last day of this month to the next month on the last day of a month trial period; half will be at 15 day period.

Article 104th litigation documents must have a receipt. The addressee himself shall specify the date of receipt on the receipt of service, and the signature or seal. If I am not in, can be made by an adult member of his family or unit is responsible for collection personnel agent, agent shall specify the date of receipt on the receipt of service, and the signature or seal.
   The addressee himself or agent in the receipt date of the date of receipt.
   If the addressee himself or behalf refuses to accept or refuse to sign, seal, the litigant may invite the witnesses to the scene, explain the situation, specify the rejection in the receipt of the subject matter and sealed by date, send Master, witness the signature or litigation documents, and will remain in the recipient or the agent's or unit, the document shall be deemed to.

105th direct litigation documents are difficult, may be authorized by the people's court where the recipient for service, or by mail.

106th principal shall be served, authorization letter, entrustment of the service of judicial documents and the receipt of service, the people's court to send the recipient is located. The entrusted people's court received the entrustment of the service of litigation documents, shall be registered by hand, and timely delivery to the recipient, and then the receipt promptly returned to the people's court shall be. The entrusted people's court shall not delivered, the people's court reason cannot be served promptly inform the principal, and the litigation documents and the receipt of returned.

Article 107th mail, shall be the litigation documents, the receipt of registered mail to the recipient. Registered mail is dated as of the date of.

Article 108th the litigation documents recipients is a serviceman, through political department unit unit at or above the regimental level care.
   The recipient is serving his sentence, the prison or other executing organ to the.
   The recipient is reeducation through labor, the unit of reeducation through labor to.
   The aforementioned department, unit receives the litigation documents, shall immediately pay the recipient sign, and the receipt promptly returned to the people's court served.

Article 109th the term of public prosecution cases, in accordance with the provisions of the criminal procedure law. Cases of private prosecution shall apply the ordinary procedure of trial the defendant in custody, shall be sentenced to one month after the defendant in custody, not later than one month and a half. 126th law of criminal procedure under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's court approval or decision, may be extended by one month.
   Need to extend the trial period expires seven days before, should be submitted to the Supreme People's court approval or decision. A case of private prosecution shall apply the ordinary procedure of the defendant in custody shall be sentenced to not, the case within six months. There are special circumstances need to extend the trial period, the approval by the president of the court, may be extended for three months.

110th during the trial, as a psychiatric evaluation of the defendant shall not be included in the trial period of time.

Eight, the trial organization

The trial of 111st collegiate bench of long held by the judge, the judge can not participate in a collegial panel case, assistant judges put forward by the president of the court, with the approval of the judicial committee, may provisionally exercise the functions of a judge, and can serve as the presiding judge.

Article 112nd hearing and deliberating cases, must be carried out by a collegial panel. The family members in the Council when the case, should show their opinions. If the differences of opinion, shall make a decision according to the opinion of the majority, but the opinions of the minority should write notes. The records of the deliberations by the members of the collegial panel to review the confirmation signature. Review shall be confidential.

113rd judges shall be the sole judge, exercise and the interpretation of the provisions of the presiding judge the same authority.

Article 114th the collegiate bench trial and deliberation, shall make a judgment or ruling.
    In the following cases difficult, complex, major, the collegial panel considers it difficult to make a decision, may request the president decided to refer it to the judicial committee for discussion and decision:
   (a) to be sentenced to death;
   (two) the members of the collegial panel are major differences;
   (three) the people's Procuratorate to protest;
   (four) to have a major impact on the society;
   (five) other needs are decided by the judicial committee.
    The court decided to invite the president of the judicial committee for discussion and decision of the case, Dean think unnecessary, may suggest a collegial panel a review.
   Sole judge cases, trial, the single judge thinks it necessary, may also invite the president decided to refer it to the judicial committee for discussion and decision.

Article 115th the decision of the judicial committee, the collegial panel shall execute. The collegial panel have different views, can suggest president submitted to the judicial committee for reconsideration.

Nine, the public prosecution cases in the first instance procedure

Article 116th the people's court for a case of public prosecution to the people's Procuratorate, should be in receipt of the indictment (eight copies, every increase a defendant, increase the five), appointed judges examine the following contents:
   (a) whether the case under its jurisdiction;
   (two) the defendant indictment alleged identity, crime time, place, means, criminal facts, consequences and accusation as well as other possible effects of conviction and sentencing plot is clear
   (three) the defendant whether such species, the defendant was forced to take measures of the place of detention, whether documented and no seizure, freezing their belongings and location; if the victim's name list, address, address, for the protection of victims and not listed, it shall be separately to the victim list;
   (four) are attached to prosecute the former collected evidence directory;
   (five) are attached to prove criminal acts of nature, the plot content such as the main evidence or copies of photos;
   (six) is provided with the prosecution of former testimony of witness list; list of witnesses shall list and will not testify in court witness' name, sex, age, occupation, address and communication;
   (seven) has entrusted a defender, agent, whether with the defender, agent's name, address, address clearly;
　(eight) to file an incidental civil action, whether it is accompanied by the relevant evidential materials;
   (nine) the investigation, prosecution procedures of various legal procedures and litigation documents copy is complete;
   (ten) there is no fifteenth criminal law article (two) to (six) shall not be investigated for criminal responsibility in the case of the preceding paragraph (five), the main evidence said item include:
   The main kind of evidence in Criminal Procedure Law of 1, the forty-second rule involves in;
   2, the same type of multiple evidence was identified as the main evidence; if one kind of evidence in only one evidence, the evidence is the main evidence;
   3, as the legal circumstances surrender, meritorious service, recidivism, suspend, attempted, excessive defense evidence.

     117th cases after examination, shall be handled according to different circumstances:
     (a) does not fall under its jurisdiction or the defendant is not documented, the people's Procuratorate shall decide to;
     (two) not conforming to this interpretation article 116th (two) to (nine) provision of, need to send material, shall notify the people's Procuratorate to send up to three days;
    (three) according to the criminal procedure law article 162nd (three) shall declare the innocence of the defendant, the people's Procuratorate based on new facts, evidence material to prosecution, the people's court shall accept the case according to law;
    (four) in accordance with the provisions of the interpretation of article 177th, the people's court shall permit the people's Procuratorate dropped the case, no facts, evidence, the people's Procuratorate to sue, the people's court shall not accept the;
(five) in accordance with the criminal procedure law article fifteenth (two) to (six) stipulation situation, shall be ordered to terminate the trial or decide not to accept the;
     (six) for the true identity is unknown, but in accordance with the provisions of the second paragraph 128th of the criminal procedure law, the people's court shall accept the case.

Article 118th the people's court for a case of public prosecution in accordance with the ordinary procedure, decide whether or not to accept, the examination shall be completed within seven days. The people's Procuratorate public prosecution suggestion according to the summary procedure, decide whether or not to accept, the examination shall be completed within three days.
    The people's court for prosecution review period, included in the people's court trial period.

119th cases for the decision of the trial, the people's court shall proceed with the following work:
    (a) apply the ordinary procedure case, by the president or the chief judge and determine the designated members of the collegial panel; summary procedure applies to the trial of cases, the president designated by a single judge alone;
    (two) the people's Procuratorate indictment copy in ten days before the opening by the parties;
    (three) the defendant has not appointed a defender, that he may appoint a defender; in accordance with the thirty-fourth law of criminal procedure article second, three paragraph, shall designate a lawyer who provides legal aid to defend; in accordance with the thirty-fourth law of criminal procedure in paragraph 1 and the interpretation of the provisions of article thirty-seventh, general to designate a lawyer who provides legal aid to defend;
(four) informs the defendant, the defender in the five days before the hearing to testify in court, to provide identity address, communications office clear witness, expert list and did not testify in court, witnesses identified people list and be read out in court, copy, evidence;
    (five) the time hearing, in three days before the opening of notice of the people's procuratorate;
    (six) will summon the litigants and notify the defender, agent ad litem, witnesses, appraisers and inquest, inspection record producer, translator's summons and notices, later served in the three days before the opening of;
    (seven) the open trial case, the pre release, the name of the accused, time and location of the court session three days before opening of the court session.
The people's court shall notify the prosecutor or the defender to provide witness, if the witness said refused to testify or provided in accordance with the witness address failed to inform the witnesses, it shall timely inform the applicant to notify the witness of the prosecution organ or the defender.
   Transcripts shall be made for the above work, signature and the judicial officers and the court clerk.

Article 120th before the trial, collegiate bench can draw up the court outline, outline generally include the following contents:
   (a) the specific division of family members in court;
   (two) the facts of the crime accused part focuses on the nature of the case and identified points;
   (three) the main points to interrogate the defendant;
   (four) the parties intend to witness appearing in court to give evidence, identification and inspection check list, record producer;
 (five) the parties to be read out in court, a witness, material evidence written testimony and other evidence directory;
   (six) may be hearing problems and measures to be taken.

The 121st trial of cases shall be open to the public. But involves state secrets or personal privacy case, not a public hearing. The juvenile defendant case, apply the relevant provisions.
      For the parties to apply indeed belongs to cases involving commercial secrets, the court shall decide not to public trial.

122nd cases of non-public trial in accordance with law, any citizen with hearing the case independent court staff and the defendant's close relatives shall audit. The trial of juvenile defendants in the case, apply the relevant provisions.

 The 123rd victim, litigation agent, witnesses, authenticators approved by the people's court summons or notice of default, does not affect the trial, the people's court may trial.

Article 124th before the hearing, the court clerk shall order the following work:
   (a) whether the public prosecutor, identify the parties, witnesses and other participants in the proceedings had to appear in court;
   (two) read the court rules;
   (three) please the public prosecutor, defender in court;
   (four) please judge, judge (the jury) into court;
   (five) the judicial officers were seated, the court to judge the report before the trial preparation work is ready.

Article 125th the presiding judge announced the court, the defendant in court after transfer, shall ascertain the defendant:
 (a) the name, date of birth, nationality, was born, culture degree, occupation, address, name, or units of domicile, legal representative of the name, title;
 (two) had been kind, whether legal sanction and punishment of time;
 (three) is to take coercive measures and compulsory measures, time variety;
 (four) received a copy of the bill of prosecution of the people's Procuratorate date;
 Incidental civil action, incidental civil lawsuit date received defendants.

The prosecution sources, 126th cases of the presiding judge, plaintiff of the supplementary civil action and the defendant's name (name) and whether or not a public hearing. For non public hearing of the case, shall not be heard in public reason announced in court.

 Article 127th the presiding judge shall announce the members of the collegial panel, the court clerk, the public prosecutor, the defender, the expert witnesses and the interpreter.

Article 128th the presiding judge shall inform the parties, legal agent shall enjoy the following rights in the process of trial:
 (a) may apply for the members of the collegial panel, the court clerk, the public prosecutor, judge and translators to avoid;
 (two) may present evidence, application notice new witnesses, collect new evidence, re identification or inspection, inspection;
 (three) the defendant can defend oneself;
 (four) the defendant may end after the last statement in court debate.

129th judges were asked whether the parties, legal agent to apply for withdrawal, for whom the avoidance and grounds for a challenge.
   If the statutory agent for prosecutors, judges, court to support the public prosecution withdrawal, the collegial panel that compliance with the statutory conditions, should be in accordance with the provisions of this interpretation of avoidant processing; it does not meet the statutory conditions, the court dismissed should, continue to justice. If the application for withdrawal of people court for reconsideration, the collegial panel shall announce an adjournment, to make the decision of reconsideration, decide whether to continue the court.
   Agree or reject the withdrawal decision and decision of reconsideration application, the presiding judge declared, and explain the reasons. When necessary, can also be announced by the president of the court.

Article 130th the presiding judge announced that the investigation after the start, should first by the prosecutor read the indictment; have the incidental civil action, the plaintiff in incidental civil actions or their agents ad litem, read the incidental civil pleadings.

 The 131st indictment alleged crimes is more than two, the court investigation, the general should each crime respectively.

Article 132nd in the trial of long auspices, the defendant, victim can indictment alleged crimes were statement.

Article 133rd in the trial of long auspices, the public prosecutor may according to the facts of the crime accused interrogating the defendant; the victim and his agents ad litem, the presiding judge may permit, public prosecutor interrogation of supplementary questions; the plaintiff in incidental civil actions and their legal representatives or agents ad litem, the presiding judge may grant, incidental civil action fact to question the defendant; the judge permitted, the defense of the accused person and the legal agent or litigation agent in the prosecution was completed after interrogation of a specific problem put questions to the defendant.

 Article 134th for the defendant in a case of joint crime, shall be respectively for questioning. The collegial panel considers it necessary, can summon the defendant also appear.

Article 135th the parties of the presiding judge to allow, can the victim, plaintiffs of the supplementary civil action.

Article 136th the presiding judge for both sides, ask the defendant, questioning the victim and the plaintiff of the supplementary civil action, the defendant's content is irrelevant to the case or questioning, questioning the way improper, shall stop.
    For both parties think the other interrogation or ask the content is irrelevant to the case or interrogation, improper questions and objections, the presiding judge shall identify the situation to support or reject.

 Article 137th the judges think it necessary, to the defendant, victim and the plaintiff of the supplementary civil action, the defendant interrogated or questions.

138th of the charges of each case, the judge allowed, the public prosecutor may appeal to the presiding judge to subpoena witnesses, Jian Dingren and the inquest, inspection record producer testify, or produce evidence, read not present in court, witness, victim identification and inspection, inspection record producer written statements, testimony, appraisal conclusion and investigation, inspection record; the victim and his agent ad litem and plaintiff in incidental civil action and the agents ad litem to the presiding judge, can also draw summoned not witness appearing in court to give evidence, identification and inspection, inspection record producer testify, or show the prosecutors did not produce evidence, written testimony, appraisal conclusion read no read and the inquest, inspection record.

 Article 139th the parties request the witness, material evidence, documentary evidence, audiovisual material evidence to the court, the presiding judge shall to explain to prove the facts, the judge agreed, namely to subpoena witnesses or allow the presentation of evidence; the presiding judge that are irrelevant to the case or obvious repetition, not the necessary evidence, can not be allowed to.

Article 140th the defendant, the defender, agent ad litem judge granted by, can provide evidence of the prosecution evidence, respectively, to summon witnesses, testimony, or show the evidence of witnesses who are not present in court, the written testimony, identification of the identification conclusion.

141st witnesses should appear in court.
 In accordance with the following situations, the people's court, the witness may not appear in court as a witness:
   (a) juveniles;
   (two) during the trial suffering from serious illness or action extremely inconvenient;
   (three) the testimony of the trial of the case does not play a direct role in the decision;
   (four) there are other reasons.

142nd witnesses to the court, the judges shall verify the relationship between parties and the witness, and the case, inform the witnesses shall faithfully provide the legal responsibility of testimony and intentionally giving false testimony or conceal evidence to negative.
    Witnesses to testify truthfully, shall be signed by the guarantee.

   143rd questions to witnesses, should first to summon the party; after the other questions, the presiding judge granted, also can ask questions.

Article 144th the authenticator shall appear in court to read the identification conclusion, but with permission of the people's court except not to appear in court. Identification of human relations after the court, judges shall verify the identity of the person, and the identification of the parties and the case, inform the appraiser shall faithfully provide expertise and intentionally false identification to the legal responsibility.
    Conclusion identification shall be signed before the description, truthfully explain the appraisal conclusion guarantee.

Article 145th the appraiser shall ask, by calling a party; after the other questions, the presiding judge granted, also can ask questions.

146th witnesses shall comply with the following rules:
 (a) ask content should be related to the case facts;
 (two) not to induce questioning method;
 (three) not intimidate the witness;
 (four) the personality dignity shall not damage the witness.
  The provisions of the preceding paragraph shall also apply to the defendant, the victim, plaintiffs of the supplementary civil action and the defendant, identification of the interrogation, or asking questions.

Article 147th the presiding judge to witness, identification of people ask content is irrelevant to the case or ask the way improper, shall stop.
    For both parties think the other question content is irrelevant to the case or improper questions and objections, the presiding judge shall identify the situation to support or reject.

Article 148th the judges think it necessary, may question the witnesses, authenticators.

149th witnesses and appraisers questions shall be separately. The witness, identification of people by both parties or the judges asked questions, the presiding judge shall inform the retired.
   Witnesses, appraisers shall not sit in on the trial of the case.

150th material evidence, documentary evidence, audiovisual materials produced in court as evidence, should first show evidence of a party to produce the evidence sources, characteristics, make the necessary instructions, and then by the other party identification and comments. Both sides can be questioned, debate.

151st court evidence, read the witness testimony, appraisal conclusion and inspection, inspection records, in the show, read it, should be the original transfer.
　For indeed unable to court over, should be required to produce evidence, read one handed over within three days after the adjournment.

Article 152nd for the prosecutor read, play not to appear in court testimony of witnesses in court, if the witnesses provide different testimony, the court shall request the prosecutor will the witness testimony in all over three days after the adjournment.
    The provisions of the preceding paragraph, the people's court to review the evidence materials, discovery and trial investigation finds the facts of the case with major access, may influence the correct judgment, shall decide to resume the court investigation.

Article 153rd in the court investigation process, the collegial panel has doubts about the evidence, it may announce an adjournment, carry out investigation to verify the evidence.

The 154th people's court investigation to verify the evidence, conduct inquest, inspection, seizure, freezing, identification and query. When necessary, can inform the prosecutor, defender at.

Article 155th the public prosecutor asked to show the outside before the court to the people's court evidence directory evidence, the defense objection, the trial as long as the evidence is considered necessary to produce, can be allowed to produce.
  If the defendant is proposed to make the necessary preparation for the new evidence, it may announce an adjournment, and according to the specific situation to determine the defense to make necessary preparation time. To determine the time period expires, it shall continue the trial.

The 156th party and the defender for the summon new witnesses, collect new evidence, to apply for re identification or inspection, shall provide the witness's name, location of the evidence, to prove the facts of the case, the request to the identification or inspection reason. The judicial personnel according to the specific circumstances, that may affect the case facts, should agree to the application, and announced the postponement of the hearing; do not agree, should inform the reason and continue the trial.
In accordance with the provisions of the preceding paragraph deferred trial period shall not exceed one month, deferred trial time not included in the time limit.

157th during the trial, prosecutors found that cases requires supplementary investigation, the postponement of the hearing suggested, the collegial panel shall agree. But the number of suggestions to adjourn the trial shall not be more than two times.
       The court announced the postponement of the hearing of the case, the people's Procuratorate not petition the people's court to recover the court in the supplementary investigation within the time limit, the people's court shall decide according to the people's Procuratorate withdrawing treatment.

Evidence 158th people's court to the people's Procuratorate obtained requires investigation and verification, or according to the defendant, the defendant's request, to the people's Procuratorate take in evidence about the innocence of the defendant and the prosecution of crime investigation, collecting light, shall notify the people's Procuratorate received on the obtaining of evidence materials within three days after the handover.
 Article 159th the collegial panel in the case of the trial, the defendant may have found that voluntary surrender, meritorious service and other statutory sentencing plot, no evidence of material evidence of this material in the prosecution and transferred to the people's Procuratorate for supplementary investigation, should be recommended.

Article 160th the collegial panel that the facts of this case has been investigated, the presiding judge shall court investigation, court debate began case facts, evidence, law etc..
 Article 161st the court debate shall be the presiding judge in charge, shall be conducted in the following order:
   (a) the public prosecutor to speak;
   (two) the victim and his agents ad litem to speak;
   (three) the defendant to defend himself;
   (four) defence;
   (five) the parties debate.

The 162nd part of incidental civil lawsuit debate shall be conducted in the criminal part debate. The plaintiff of the supplementary civil action and the agents ad litem to speak, and then by the defendant and his agent ad litem reply.

Article 163rd in the court debate, the presiding judge for both sides are irrelevant to the case, repeated or blame the speech should be stopped.

Article 164th for the defendant in accordance with the relevant provisions of the court to the defendant refused to defend, the collegial panel shall permit. If the defendant requests entrust another defender, the collegial panel shall announce the postponement of the hearing, the defendant shall entrust another defender or the people's court shall be separately specified for the defense lawyer.
 Article 165th the defendant in court refused to defend defended requirements, entrust another defender, ought to agree, and announced the postponement of the hearing. The defendant to request the people's court shall appoint lawyers, the collegial panel agreed, shall announce the postponement of the hearing.
       The re trial, the defendant in court again refused to entrust defenders or the people's court appointed defense lawyer, the collegial panel shall respectively dealt with:
    (a) the defendant is an adult, can permit. But the defendant shall not entrust another defender, the people's court shall specify no lawyer, the defendant can defend oneself;
(two) the defendant with the interpretation of the provisions of article thirty-sixth of the circumstances, shall not be permitted to.
According to the interpretation of article 164th, the provisions of the two paragraph of this article, entrust, specify the counsel or attorney, since the case announced the postponement of the hearing date until tenth date, to defend the time not included in the time limit.

Article 166th in the court debate, if the collegial panel to discover new facts, considers it necessary to carry out the investigation, the presiding judge may suspend the debate, restore to the court investigation, finding out the facts to the court debate.

Article 167th the presiding judge announced the end of the court debate, the collegial panel shall ensure that the defendant to fully exercise the right to present a final statement. If the accused man repeated his views in the final statement, the presiding judge to stop; if the statement is a contempt of court, the public prosecutor, harm others and social public interests or not related to the case, should stop; in a public hearing of the case, the last statement by defendant involve state secrets or personal privacy, also should stop. 　

　Article 168th the defendant presents new evidence of fact, in the final statement, the collegial panel that may influence the correct judgment, shall restore the court investigation; if the defendant to provide justification for new, the collegial panel deems it necessary, can restore the court debate.

The 169th part of incidental civil lawsuit in court end of the debate in court mediation. Can not reach an agreement, can be the same as the criminal part together with the decision.

 　Article 170th the presiding judge in the last statement by defendant, shall announce an adjournment, the collegial panel for review.

The 171st trial of all activities, shall be made by the clerk made record of the presiding judge, after review, respectively by the judge and the court clerk signature.

Article 172nd the court record testimony of witnesses, shall, after the trial by the witnesses to read or read out to them. Witness the confirmation, shall be signed or sealed.

Article 173rd the court record shall be read after the trial by the parties or to read. The parties believe that record any omission or mistake, can request for supplementation or correction. The parties confirm without any error, shall be signed or sealed by the.

 Article 174th for the exhibits, presented the evidence, the judge announced an adjournment, the collegial panel shall and provide evidence of the public prosecutor, the defender and other procedures.

Article 175th the collegial panel shall according to the facts, evidence and the relevant legal provisions have been identified, and based on the full consideration of both sides of opinion, evaluation, to determine whether the accused is guilty or not, should be investigated for criminal responsibility; constitute what crime, be sentenced to punishment; what; there is no heavier, lighter, mitigated punishment or be exempted from punishment the plot of the incidental civil litigation; how to solve; how to deal with the stolen money, and make a decision according to law.

Article 176th the people's court shall, according to the specific circumstances of the case, judge respectively:
　(a) the accused facts are clear, the evidence is sufficient, in accordance with the law, the defendant is convicted, shall make a guilty verdict
    (two) the accused facts are clear, the evidence is reliable and sufficient, the charges and the people's court hearing that charges inconsistent, shall make a guilty verdict;
    (three) the case facts are clear, evidence really, fully, in accordance with the law the defendant is innocent, the court shall declare the innocence of the defendant;
    (four) the lack of evidence, not the defendant is guilty, should be based on lack of evidence, the crime accused cannot be established, the judgment is pronounced, the defendant not guilty;
    (five) the facts of the case part is clear, the evidence is reliable and sufficient, shall make guilty or not guilty verdict; facts unclear, insufficient evidence, in accordance with the law shall not be recognized;
    (six) the defendant under sixteen years of age, are not subject to criminal punishment, shall decide that the defendant shall not bear criminal responsibility;
    (seven) the defendant is a mental patient, when unable to recognize or control his own conduct harmful results, are not subject to criminal punishment, shall decide that the defendant shall not bear criminal responsibility;
    (eight) criminal prosecution deadline has passed, and not must be prosecuted by amnesty or exemption from criminal punishment, shall make a ruling to terminate the trial;
    (nine) the defendant's death, shall decide to terminate the trial; for according to ascertain the facts of the case and the evidence material, to confirm that the accused man was not guilty, the court shall declare the innocence of the defendant.

177th prior to the pronouncement of a judgment, the people's procuratorates demand the withdrawal of prosecution, the people's court shall a people's Procuratorate for examination and prosecution to withdraw the reason, and decide whether to permit the ruling.

The discovery of new facts 178th people's courts in the trial, may affect the conviction, should be recommended to the people's Procuratorate for supplementary or change the prosecution; the people's Procuratorate does not approve, the people's court shall prosecute criminal facts, in accordance with relevant provisions of the interpretation of article 176th of judgment according to law.

179th on the basis of the interpretation of article 117th (three) provisions of the admissibility of the case, the people's court shall make a judgment, for the former case according to the law of Criminal Procedure Article 162nd (three) provision made judgment, shall not be revoked. But shall be indicated in the sentence: "the defendant * * * in * * month * was * * People's Procuratorate to * * * * sin to public prosecution in a people's court. Because of a lack of evidence, the crime accused cannot be established, be * * * People's court ruling declared innocent." 　

  180th members of a collegial panel shall be in the records of the deliberations shall be signed, in legal documents.

181st during the trial, the prosecutor or the accused person suffering from mental disease or other serious diseases, as well as the case the prosecution to the court after the defendants, the case can not continue for a long time trial, the people's court shall rule to suspend the trial.
 Because of other reasons can not resist, so the cases cannot continue the trial, may order to suspend the trial.
 Suspend disappear trial after the reasons, it shall resume the hearing. To suspend the trial period are not included in the trial period.

Article 182nd the court judgment, shall announce the verdict, and in five days the verdict will be served to the parties, legal agent, agent ad litem, the people's Procuratorate, the defender and the defendant's close relatives. Regular pronouncement of a judgment, the collegial panel shall before the verdict, sentencing announced in advance of the time and place, to summon the parties and inform the public prosecutor, legal agent, agent ad litem or defense; declaration shall immediately verdict will be served to the parties, legal representatives, agents ad litem, the people's Procuratorate, lawyers and defendants one's relatives. After the verdict on the defendant shall also be unit belongs or the original domicile of the public security station. The defendant is a unit, the administrative department for Industry and Commerce shall be served on the defendant registered.

 The 183rd sentence, should be open to the public.
 When a judgment is pronounced, the staff should stand up in court.
 The sentencing, the public prosecutor, defender, the victim, private prosecutor or the plaintiff in incidental civil action not present in court, does not affect the sentence of.

184th in the course of the trial, if the litigant participant or bystander violates the order of the court, the collegial panel shall handle it according to the following circumstances:
 (a) for violation of a court order if the circumstances are relatively minor, the court should stop and disciplinary warning;
 (two) for the warning stop, can command was forced out of the courtroom;
 (three) for violation of a court order and if the circumstances are serious, shall be reported to the approval of the president of the post, a fine of 1000 yuan or fifteen days detention of behavior
 (four) for seriously disrupting the order of the court, which constitutes a crime, shall be investigated for criminal responsibility according to law.
 The decision court fines, detention or the parties to people, people can grade to a court for. The application for reconsideration may directly to the people's court at a higher level, can also be made by the people's court fines, detention decision put forward. By making the people's court fines, detention decision to the people's court at the next higher level for reconsideration, the people's court shall within three days of receipt of the application, the applicant's application for reconsideration, fines or detention decision and the relevant facts, evidence materials submitted a higher people's court review. The upper level people's court during the period of reconsideration, does not stop the execution of the decision.

Article 185th the people's Procuratorate believes that the people's court cases, there is a violation of the law of procedure, put forward written opinions on after the trial, the people's court that the right, we should adopt the.

Ten, private prosecution procedure of first instance

The 186th people's court private prosecution case acceptance must meet the following conditions:
    (a) belonging to the 170th law of criminal procedure, the interpretation of the first rule of case;
    (two) under its jurisdiction;
    (three) criminal case victim told;
    (four) people, the specific litigation request and can prove that the defendant's criminal evidence.
      The people's Court of criminal procedure law article 170th (three) cases of private prosecution provision, shall comply with the provisions of the criminal procedure law article eighty-sixth, article 145th.

Article 187th the interpretation of Clause 1 case, if the victim's death, incapacity or can't tell because of coercion, intimidation, or with limited capacity and due to old age, illness, blind, deaf, dumb and other reasons not to tell, his legal representative, close relative to tell, the people's court shall accept.
       Due to the provisions of the preceding paragraph, the defendant can't tell, by his legal representative, close relative to tell, to tell people that shall provide reasons and prove that the victim and the victim can not personally tell the relationship.

Article 188th for the case of private prosecution, the people's court review of any of the following circumstances, should persuade the private prosecutor to prosecute, or reject it:
   (a) does not conform to the provisions of the 186th conditions of interpretation;
   (two) the evidence is not sufficient;
   (three) the limitation period for prosecution of the crime has been;
   (four) the defendant's death;
   (five) the defendant One's whereabouts is a mystery.;
   (six) except for lack of evidence the withdrawal of the suit, the private prosecution after withdrawal, on the same facts and tell;
   (seven) the court mediation, the private prosecution estoppel, the same fact to tell.

Article 189th the prosecutor shall submit to the people's Court of criminal private prosecution; incidental civil litigation, it shall also submit the incidental civil to criminal prosecution.
      The private prosecutor written complaint is difficult, can tell, by the personnel of a people's court to tell transcripts, read to the prosecutor, the prosecutor confirmation, shall be signed or sealed.

The 190th complaint or tell the record shall include the following contents:
   (a) the prosecutor, the defendant, to tell the person's name, gender, age, nationality, was born, culture degree, occupation, address, work unit;
   (two) the defendant's criminal behavior of the time, place, circumstances and consequences, etc.;
   (three) the specific claim;
   (four) the name of the people's court to and like time;
   (five) the name, address and other evidence, such as the name of the source.
      If the defendant is more than two, the private prosecutor needs to provide a copy of complaint according to the number of defendants in tell.

Article 191st the people's court shall on receipt of complaint orally or told to it within fifteen days of filing decision within second days, and notify the private prosecutor or to tell people.

Article 192nd for the case of private prosecution has been filed, the lack of evidence examination, if the private prosecutor no supplementary evidence, should persuade the private prosecutor to prosecute or reject it; the private prosecutor persuaded to withdraw the prosecution or rejected prosecution, and put forward to prove the defendant guilty of new evidence, once again bring a private prosecution, the people's court shall accept.

Article 193rd the private prosecutor knowing that there are other common offender, but only on the part of the infringer bring a private prosecution, the people's court shall accept the case, and as the prosecutor to give up on other people tell right infringement. After the announcement of the private prosecutor and judgment of the other joint infringement of people on the same facts bring a private prosecution, the people's court shall not accept. Common victim in only some people tell, the people's court shall notify the other victims to participate in the proceedings. Notify party after receiving the notice said not to participate in litigation or non appearance, is deemed to be abandoned to tell right. The first instance verdict, notify the same fact and bring a private prosecution, the people's court shall not accept the. But the parties shall file a civil lawsuit, not subject to the limitation of interpretation.

More than two criminal acts on implementation of the 194th defendants in cases of public prosecution and private prosecution, belong to the case, the people's court may in the public prosecution cases in a case of private prosecution, trial together.

The 195th people's court after accepting a case of private prosecution, and apply to the people's court to obtain evidence for the parties because of objective reasons can not be obtained and provide relevant evidence, the people's court considers necessary, according to law.

The 196th people's court cases of private prosecution shall be accepted for decision, the trial.
     Not applicable to the summary procedure, the provisions for trial procedure according to the procedure of first instance of a case of public prosecution.

Article 197th the people's court to tell just processing and the victim has evidence to prove that they are minor criminal cases, to ascertain the facts, to distinguish between right and wrong on the basis of mediation. You can arrange a settlement with the defendant or withdraw the prosecution of private prosecution before a judgment is pronounced.

Article 198th for the private prosecutor demanded the withdrawal of the suit, the people's court examination that is voluntary, permission shall be given; after review that the private prosecution system is forced, intimidation, not voluntary, should not be allowed to.

Article 199th for the case of private prosecution has been hearing, the parties to the settlement, shall be recorded.

200th mediation shall be voluntary, legal, are without prejudice to national, collective and other civic interests under the. Conciliation agreement, the people's court shall make a criminal private prosecution cases mediation agreement, signed by the judicial officers and the court clerk, and sealed by the people's court. Mediation by the parties shall sign the law. Conciliation or mediation failed to reach an agreement before signing receipt of one party retracts, the people's court shall adjudicate.

Article 201st where the people's court to allow the prosecutor withdrawal or the parties reconciliation case, the defendant was forced to take measures, shall be cancelled immediately.

Article 202nd the private prosecution by the two summoned according to law, refuses to appear in court without proper reason, or without court permission to withdraw from the people's court shall decide, according to the prosecutor withdrawal treatment.
     The prosecutor is more than two people, some of them the withdrawal of the suit, does not affect the case to continue the trial.

Article 203rd for the criminal law article 170th (three) provision cases, does not apply mediation.

Article 204th in the private prosecution in the case, the defendant One's whereabouts is a mystery., shall suspend the trial. The defendant was arrested after, shall resume the hearing, when necessary, in accordance with the law shall take compulsory measures against the defendant.

The 205th trial cases of private prosecution shall, with reference to the relevant provisions of the criminal procedure law and the interpretation of article 162nd article 176th of the judgment. For acquittal in law cases, the incidental civil action shall be made part of mediation or judgment according to law.

Article 206th the defendant and victim told to deal with evidence of minor criminal cases or their legal representatives in the litigation process, may file a counterclaim to the private prosecutor. The counterclaim must meet the following conditions:
   (a) a counterclaim object must be in the case of private prosecution;
   (two) the counterclaim content must be related to the case behavior;
   (three) the counterclaim cases must be in accordance with Article 1 of this interpretation (a), (two) the provisions of item.
      The provisions of private prosecution counterclaim cases shall be heard, and together with the cases of private prosecution. The private prosecutor withdrawal, does not affect the counterclaim cases continue the trial.

Eleven, the unit crime case trial procedure

The 207th people's court accepts the case of unit crime, in addition to review in accordance with the relevant provisions of the interpretation of article 116th, should also name, prove the defendant unit is listed the review indictment domicile, legal representative, on behalf of the accused unit in person's name, position, the communications office. Not according to stipulations stated, should according to the interpretation of article 117th (two) the provisions of item management.

The lawsuit on behalf of 208th representative accused unit to people, should be the legal representative of the unit or person in charge; the legal representative or principal responsible person accused persons directly in charge of the unit crime, shall be made by the other person in charge units as the litigation representative accused unit person to appear.
   Litigation on behalf of the accused person and unit was accused of unit crime, the persons directly in charge is the same person, the people's court shall request the people's Procuratorate shall determine action on behalf of the unit to appear in court.

Article 209th a people's court hearing the case of unit crime, litigation representative shall notify the unit to appear in court.

The lawsuit on behalf of 210th accused unit received a notice to appear the people should appear in court. Refuses to appear in court, the people's court when necessary, can summon to appear in court.

211st people's court hears a case of unit crime, litigation representative accused unit people to enjoy the provisions of the criminal procedure law litigation rights. In court, the litigation representative seats in the judgment seat on the left side.

Article 212nd the defendant units need to entrust a defender, refer to the rules of the interpretation of the defense management.

The illegal income 213rd accused unit and the gains, not to recover or seizure, freezing, the people's court shall, according to the specific situation of the case, decided to recover or seizure, freezing.

Article 214th the people's court in order to ensure the execution of the judgment, according to the specific situation of the case, may be seized, frozen accused unit property or by the unit puts forward guarantee.

215th people's court hears a case of unit crime, the unit is cancelled or declared bankrupt, but the person in charge directly responsible for unit crime and other personnel directly responsible shall bear criminal responsibility, shall continue the trial.

216th cases of unit crime and other procedures, with reference to the relevant provisions of this interpretation for.

Twelve, summary procedure

217th a basic people's court accepts the case of public prosecution, people's Procuratorate prosecution written proposals in the summary procedure is applicable, shall be transferred together with the case file and evidence of the case material. The examination of the people's court that the criminal law article 174th (a) regulations, may apply summary procedure; that they should not apply summary procedure in accordance with the law, it shall notify the people's Procuratorate and writing, the entire case file and evidence to the people's procuratorate.

Article 218th for a case of public prosecution, the people's Procuratorate to the prosecution did not apply summary procedure, the people's court that the review by the criminal procedure law article 174th (a) shall be applicable, simple procedure, should be written for the people's Procuratorate opinions syndrome. The people's Procuratorate agreed and transferred to the entire case file and evidence materials, it shall apply the simplified procedures.

219th tell just processing cases and the victim has evidence to prove that they are minor criminal cases, the people's court may apply summary procedure. But the criminal procedure law article 170th (three) cases except paragraph.

Article 220th of the criminal procedure law article 174th (a) provision may be sentenced to three years in prison, detention, control, single punishment in cases of public prosecution gold, refers to a crime the defendant accused or the number crime, may be sentenced to punishment for declaration of less than three years imprisonment, criminal detention, control, single penalty cases.

The defendant in a case of public prosecution in a people's court sentenced 221st may be exempted from criminal punishment, you can apply summary procedure.

Article 222nd the people's court has one of the following circumstances of the case, should not apply summary procedure:
   (a) the defendant in cases of public prosecution to prosecute the facts of the crime accused denied;
   (two) the common crime case more complex;
   (three) if the defendant is blind, deaf, dumb people;
   (four) defendants pleaded not guilty;
   (five) other summary procedure is not appropriate for.

Article 223rd the decision of the people's court to hear the case summary procedure applies, shall be served to the defendant a copy of the bill of prosecution at the same time, inform the case for the simple procedure of hearing.
   Summary procedure applies to the trial of cases, served the indictment to the trial of time, not subject to the 151st criminal law article (two) term limits.

224th summary procedure applies to the trial of cases, in before the trial, the people's court shall in time, place, inform the people's Procuratorate prosecutor, defendant, defenders, it may inform the other participants in the proceedings.
   Notifications can use simple ways, but shall be recorded.

225th summary procedure applies to the trial of cases, the judge announced the court, the defendant in court after transfer, shall find out the basic situation of the accused, and then announce the cause of action, the single judge, the court clerk, the public prosecutor, the defender, agent ad litem, Jian Dingren and the interpreter, and inform the litigation rights.
The defendant may make statements and defense indictment alleged criminal facts. The judge can produce, read out the main evidence, and listen to the defendant's opinion. If the public prosecutor in court to support the public prosecution, the defendant statements, prosecutors can produce, read out the main evidence. The judge allowed, defendants and their counsel can debate with the public prosecutor.
   A judge is in when necessary, may interrogate the defendant.
   The defendant makes a final statement, the people's court shall generally be the rjc.

226th summary procedure applies to the trial of cases, the defendant entrust a defender, defender can not appear in court, but should be in before the trial of the written defense opinions to the people's court.

Article 227th the defendant, private prosecutor asked the witness to appear in court, the people's court may approve. 　

 Cases of private prosecution 228Th summary procedure applies to the trial, the prosecutor read out the bill of prosecution, the defendant may make statements on the facts of the crime accused, and self defense. The prosecutor shall show the main evidence. The accused has the evidence presented, the judge shall permit. The judge allowed, defendants and their counsel to argue with the prosecutor and his agents ad litem.

229th summary procedure applies to the trial of cases, in the process of trial, we found the following summary procedure is not appropriate for the case, shall decide to suspend the trial, and in accordance with the cases of public prosecution and private prosecution re trial of ordinary procedure of first instance:
   (a) the defendant's conduct did not constitute a crime;
   (two) the defendant in a case of public prosecution shall be sentenced to three years in prison;
(three) the defendant in a case of public prosecution estoppel court, the prosecution of the facts of the crime accused denied;
   (four) the fact is unclear or the evidence is not sufficient;
   (five) other law shall not or the summary procedure is not appropriate for.

The 230th case is transferred to ordinary procedure, the trial period shall be calculated from the decided to turn the ordinary procedure date.

Thirteen, the procedure of second instance

Article 231st the people's Court of second instance to accept the people's Court of first instance judgment or ruling of the people's Procuratorate appeal and that the court of the first instance judgment or order of a case protested by a definite error.

232nd local people's courts at all levels in the announcement of the first judgment, ruling, should clearly inform the defendant, private prosecutor, the party in an incidental civil action and their legal representative, if not a judgment or ruling, have the right within the legal time limit to the pleadings or oral form to a higher people's Court of appeal; the defendant the defender or near relatives, within the statutory time limit agreed by the defendant, but also can appeal; the party in an incidental civil action and their legal representatives, the judgment or ruling of the incidental civil part, appeal.
The defendant, private prosecutor, the party in an incidental civil action and their legal agents whether to appeal, appeal to them before the expiration of the last intention prevail.

The 233rd people's court court of appeal, in general should be original and copy. appeal should include: first instance judgment, ruling of the document and the appellant received time; the court of first instance name; the appeal and the reasons; appeal appellant signature or time. If the defendant's counsel, close relatives agreed by the defendant appeal shall be indicated, also the relationship between people and the defendant appealed, and the defendant shall be as the appellant.

Article 234Th the defendant, private prosecutor, plaintiffs of the supplementary civil action and the defendant appeal is difficult for writing and oral appeal, the people's Court of first instance shall, according to the statement of the grounds and for making a record, by the appellant to read or to read, the appellant shall affix his signature or seal.

Article 235th the people's Court of second instance the admissibility of the appeal and protest cases, must be made within the statutory time limit. An appeal against the decision and the appeal for a period of ten days; not satisfied with the ruling and appeals for a period of five days. The appeal and protest of the period, from receiving the written judgment, order calculation book second days.

Article 236th the defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant by the people's Court of first instance of appeal, the people's Court of first instance shall review the appeal for compliance with the law. In accordance with the law, should be in the appeal within three days after the expiration of the period of appeal together with the case file, the evidence to the people's Court level, at the same time, a copy of the appeal petition to the people's Procuratorate at the same level and to the other party.

Article 237th the defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant files an appeal directly to the people's Court of second instance, the people's Court of second instance shall within three days after receiving the appeal to the petition of appeal to the people's Court of first instance. The people's Court of first instance shall review the appeal for compliance with the law. In accordance with the law, shall within three days after receiving the appeal will appeal together with the case file, the evidence to the people's Court level, at the same time, a copy of the appeal petition to the people's Procuratorate at the same level and to the other party.

Article 238th the defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant or his legal representative requests to withdraw the appeal on appeal within the time limit, shall be permitted to.

Article 239th the defendant, private prosecutor, incidental civil litigation the plaintiff and the defendant or his legal representative requests to withdraw the appeal on appeal after the expiration of the period, the people's Court of second instance shall review. If the original judgment facts and the applicable law is correct, appropriate sentencing, shall make a ruling to allow the defendant to withdraw his appeal; if the facts in the original judgment is not clear, the evidence is insufficient or not found guilty, law spirit, be not allowed to withdraw his appeal, and in accordance with the procedure for trial.

Article 240th the local people's procuratorates of the people's courts at the same level the first judgment, ruling the protest, the protest submitted by the people's Court of first instance. The people's Court of first instance shall in protest after the expiration of three days to protest together with the case file, the evidence to the people's Court level, and the duplicates of the written protest to the party.

Article 241st the people's Procuratorate protest withdraw the protest in within the time limit, the people's Court of first instance no longer to a higher people's court transferred the case; if in protest after the expiration of the people's Court of second instance declared before refereeing withdraw the protest, the people's Court of second instance can be ruled to permit, and inform the people's Court of first instance and the parties.

242nd of the protest period incidental civil judgment or ruling, the appeals, should be in accordance with the criminal appeal, appeal to determine the period. If the civil part is further trial, an appeal shall be in accordance with the provisions of the civil procedure law for the implementation.

The people's Procuratorate trial 243rd court, it shall notify the people's Procuratorate at the same level send personnel to the court. Docking to the notice of court session after a people's Procuratorate not to protest cases in court, the people's court shall decide to withdraw the protest processing according to the people's Procuratorate, the people's Court of first instance and notify the parties and the.

Article 244th for the appeal, appeal before the expiry of the withdrawal of the appeal, appeal cases, the judgment of first instance, ruling shall take effect on the date of the expiration of the appeal, appeal; in the appeal, appeal after the expiration of the period of demand the withdrawal of appeal, appeal, the people's Court of second instance ruled to permit, the judgment of first instance, the people's Court of second instance court shall order the book served raw appeal or protest procuratorial organs of the date of.

Article 245th the people's Court of second instance to appeal, appeal to the people's Court of first instance cases, shall review whether include the following contents:
  (a) to appeal, the appeal case letter;
  (two) the appeal or protest;
  (three) the first judgment or verdict of eight copies (each additional defendants to increase a);
  (four) all the materials and evidence, including the conclusion of the case reports and other materials shall be transferred to the.
       All the materials listed in the preceding paragraph, the people's Court of second instance shall be conducted; materials are incomplete, it shall notify the people's Court of first instance to fill in time to send.

Article 246th the people's Court of second instance shall be the first judgment, ruling that the facts and the application of the law to conduct a comprehensive review, not subject to appeal or protest range limits.

Article 247th the common crime case, only the part of the defendants appeal, or the people's Procuratorate only to the people's Court of First Instance judgement on the part of the defendant protest, the people's Court of second instance shall examine the case, together.

Article 248th the common crime case, if the defendants filing an appeal of death, other defendant does not appeal, the people's Court of second instance shall examine the case. Defendants in death does not constitute a crime, shall be acquitted; review that constitutes a crime, shall be announced the termination of the trial. The other co defendants should make a judgment or ruling.

Article 249th the incidental civil lawsuit case of appeal or protest, shall examine the case. If the first trial of criminal part not improper, the people's Court of second instance only need to make it part of incidental civil lawsuit. If the first trial of incidental civil part facts are clear, the correct application of law, shall be subject to the criminal supplementary civil ruling upheld, dismissed the appeal, appeal.

Article 250th the incidental civil lawsuit, only the party in an incidental civil action and their legal representatives of first instance criminal appeal, the part of the judgment, the legal effect that occurs in the appeal after the expiration of the period of.
In the first instance should send executed a criminal defendant is the second defendant of the incidental civil procedure of second instance, the case is closed, can defer to send the prison execution.

Article 251st for the appeal, appeal cases shall examine the following contents:
   (a) whether the judgment of first instance finds that the facts are clear, the evidence is true, there is no contradiction between fully, evidence;
   (two) the first trial of applicable law is correct, whether the appropriate sentencing;
   (three) in the investigation, prosecution, the procedure of first instance, without violating the legal procedure;
   (four) the appeal or protest, if new facts and evidence;
 (five) the confession of the accused, defend situation;
 (six) the defense counsel and the adoption of opinions;
 (seven) the incidental civil part of the judgment, ruling or appropriate;
   (eight) the first trial court, the judicial committee for discussion and comments.
       Review of written examination report.

Article 252nd in the second trial procedure, the defendant in addition to defend oneself, still can continue to entrust the first trial counsel or entrust another defender defense.
     The common crime case, only the part of the defendants appeal or the people's Procuratorate only to the people's Court of First Instance judgement on the part of the defendant protest, other co defendants also can entrust his defense.

Article 253rd a case on appeal, the trial shall form a collegial panel. After scoring, interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, the opinion of the collegial panel, the fact and the first instance found no change, sufficient evidence, can not hearing. 　
 Case protested by a people's Procuratorate, the people's Court of second instance shall open the court session.

Article 254th the people's Court of second instance court hearing a case of appeal or protest, to the case or the place of the trial court.

Article 255th the people's Court of second instance trial cases of appeal or protest, in addition to the provisions with reference to the procedure of first instance outside, also shall be conducted in accordance with the following provisions:
 (a) court investigation stage, the judge or the judge read the first judgment, ruling the book, by the appellant statements by prosecutors read grounds of appeal or protest; if it is not only the appeal and protest cases, the prosecutors read out the protest, then the statement appellant; focus on the court investigation for the reason of appeal or protest, finding out the facts, and verify the evidence;
(court investigation stage, two) if the procuratorial personnel or the defender for show, read, play of the first instance trial period has been handed over to the people's court evidence, the court shall command value show, playing court bailiff to read the relevant evidence; evidence, the bailiff to the applicant;
    (three) the court debate stage, a case on appeal, the appellant, the defender should speak, and the procuratorial personnel to speak; protest cases, prosecutors should first speak, again by the defendant, the defenders say; both the appeal and protest cases, procuratorial personnel should first speak, and then by the appellant, the defender speech, and debate.

 Article 256th the common crime case, no appeal and did not protest the verdict of the first trial the defendant, should participate in the court investigation, court debate and may participate in the.

Article 257th the people's Court of second instance trial the defendant or his legal representative, counsel, relatives to appeal the case, shall not increase the criminal punishment on the defendant, and perform the following specific provisions shall:
    (a) the common crime case, only the part of the defendants appeal, neither aggravate defendants filing an appeal of the punishment, can not add other co accused penalty;
    (two) of the original facts are clear, the evidence, but that charge improper, without the aggravation of penalty circumstances, can change the charges;
   (three) the punishment for the accused, not aggravate decided to carry out the penalty, is not constant in the original judgment execution of penalty circumstances, a crime in the crime of aggravated penalty number;
 (four) the defendant sentenced to criminal detention or fixed-term probation, or revocation of the original sentence declared probation or extend the probation period;
 (five) the facts are clear, the evidence, but sentenced to punishment is too light, or should additional penal apply without the case, may not cancel the judgment of first instance, directly increase the criminal punishment on the defendant or additional penal apply, nor to the facts are not clear or the evidence is insufficient to send back to the people's Court of first instance to reopen. Must be in accordance with the law shall be commuted, decision, ruled that went into effect in second after the trial, the trial in accordance with the procedure for trial supervision again.
The people's Procuratorate or the prosecutor appealed the case, do not be restricted by the preceding paragraph. But the case protested by a people's Procuratorate, the people's Court of second instance trial, the accused the immediate execution of death sentence, shall be submitted to the Supreme People's court for approval.

Article 258th in a case of joint crime, the people's Procuratorate protest on the part of the accused only of judgment, the people's Court of second instance shall not increase the punishment to the other first trial the defendant.

One of the reasons for this situation 259th appeal or protest has 191st criminal law provisions, the people's Court of second instance shall rescind the original judgment, the people's Court of first instance trial back again.

 Article 260th the people's Court of second instance trial of criminal incidental civil case of appeal or protest, if it is found that the criminal and civil part has wrong judgment shall be amended according to the need, should be amended.

Appeal, appeal to the criminal trial of the 261st part of the people's Court of second instance, the part of incidental civil lawsuit has taken legal effect of the case, if it is found that the first instance judgment or ruling of civil part is wrong, should be in accordance with the procedure for trial supervision of civil part corrected.

Article 262nd the people's Court of second instance trial of the supplementary civil action part of the appeal, appeal, the criminal part has taken legal effect of the case, if it is found that the first instance judgment or ruling in the criminal part is wrong, should be in accordance with the procedure for trial supervision of criminal retrial, and the part of incidental civil lawsuit and criminal trial parts together.

Article 263rd for the second instance cases of private prosecution, it may be necessary to carry out mediation, the parties may also become reconciled. Mediation, conciliation statement shall be made, the judgment of first instance, ruling as automatic revocation; litigant reconciliation, the people's court ruling allowed to withdraw the prosecution, and to withdraw the first judgment or ruling.

Cases of private prosecution of article 264th, the people's Court of second instance for mediation or the parties reconciliation, the defendant was forced to take measures, shall be cancelled immediately.

Article 265th in the second instance procedure in a case of private prosecution, the parties filed a counter claim, the people's Court of second instance shall inform the prosecuted.

266th in second cases of incidental civil part in the trial of first instance of civil plaintiff, increase independent litigation request or the first instance of civil defendant files a counterclaim, the people's Court of second instance can the parties on a voluntary basis on the new claim or counterclaim for mediation, the mediation fails, the parties shall inform the prosecution.

267th people's court trial of second instance cases of public prosecution, shall within ten days before the opening of notice of the people's Procuratorate to examine the case files. Since the notice within second days, the people's Procuratorate to examine the case for more than seven days after the deadline, not included in the second instance trial period.

In fourteen, below the legal punishment sentenced to punishment and applicable procedure for the special case

268th according to the provisions of the second paragraph of article sixty-third of the criminal law shall be reported to the approval of the Supreme People's court sentenced to a punishment below the legally prescribed punishment cases, according to the following situation respectively:
   (a) the defendant does not appeal, the people's Procuratorate don't protest, on appeal, appeal expires within three days after the report to a higher people's court review. A higher people's court agreed with the original, they shall report to the approval of the Supreme People's court; a higher people's court does not agree with the original, shall make a written order to remand the case for retrial or change according to the procedure of first instance jurisdiction, re trial. The decision was made by the grassroots people's court, the higher people's court may specify the intermediate people's court according to the procedure of first instance;
   (two) the defendant appealed or protested by the people's Procuratorate the case shall be tried in accordance with the procedure of second instance. The appeal or protest unreasonable, it shall dismiss the appeal or protest, upheld, and in accordance with the provisions of paragraphs (a) the Supreme People's court shall report to the approval procedure. The appeal or protest shall be commuted the rational. After the decision to impose a penalty on statutory sentence below, in accordance with the provisions of paragraphs (a) the Supreme People's court shall report to the approval procedure.

Article 269th shall be submitted to the approval of the Supreme People's court sentenced to a punishment below the legally prescribed punishment case, please approve cases shall be submitted to the newspaper report of the case, the verdict fifteen copies, and the case file and evidence.

Article 270th the Supreme People's court case check below the legally prescribed punishment sentencing, approved, to approve the ruling; not approved, it shall revoke the original judgment or ruling, remanded by the people's court re trial or specify other people's court at a lower level to try again.

271st according to the provisions of the first paragraph of article eighty-first of the criminal law shall be submitted to the approval of the Supreme People's court for the criminals have special conditions, not by the prison limiting parole cases according to the following circumstances, respectively:
   (a) to the intermediate people's court ruling on parole, the higher people's court shall review report. The higher people's court agreed to parole, shall be submitted to the approval of the Supreme People's court; the higher people's court does not agree with the parole, shall rescind the intermediate people's court ruling on parole;
   (two) the higher people's court shall make a ruling on parole, shall be submitted to the Supreme People's court for approval.

Article 272nd submitted to the Supreme People's court for approval by the criminals have special conditions, not by the prison parole cases should be reported to limit, please approve a parole case report, the criminal has a special report, the ruling fifteen copies, and the books were.

Article 273rd the Supreme People's court for approval by the criminals have special conditions, not by the prison limiting parole cases, approved, to approve the ruling; not approved, shall make a ruling on parole revocation of the original, not the verdict.

Fifteen, the review procedure of death penalty

274th death sentences shall be subject to approval by the Supreme People's court, but authorized by the higher people's court approved except. The people's Procuratorate and the people's court in accordance with the procedure of second instance commuted the death sentence cases, shall be submitted to the Supreme People's court for approval.

Article 275th submitted to the Supreme People's court approved the death penalty cases, treatment respectively according to the following circumstances: (a the first intermediate people's court sentenced to death penalty cases), the defendant does not appeal, the people's Procuratorate don't protest, on appeal, appeal after the expiration of the period of three days to a higher people's court. The higher people's courts agree with the death sentence, it shall make a decision in accordance with the law, shall be reported to the approval of the Supreme People's court; does not agree with the death sentence, should the case or remand the case for retrial;
     (two) cases of first instance, the intermediate people's court sentenced to death, the defendant to appeal or the people's Procuratorate, the higher people's Court of maintaining the death penalty, submitted to the Supreme People's court for approval;
     (three) cases of first instance, the higher people's court sentenced to death, the defendant does not appeal, the people's Procuratorate don't protest, approved in three days submitted to the Supreme People's Court of appeal, appeal expires;
(four) shall be approved by the Supreme People's court death penalty cases in accordance with the law, sentenced to two year stay of execution of criminals, in execution period, if the intentional crime, if true, should be executed, approved by a higher people's court shall be submitted to the Supreme People's court.

276th according to the authorization can be approved by a higher people's Court of death penalty cases, the intermediate people's court sentenced to death, the defendant does not appeal, the people's Procuratorate don't protest, approved in three days to a higher people's Court of appeal, appeal expires.
       The higher people's courts agree with the death sentence, shall be made for the death penalty; does not agree with the death sentence, shall be adjudged; that the original facts unclear, insufficient evidence, shall be returned to the intermediate people's court re trial.

277th according to the authorization can be approved by a higher people's court sentenced to death penalty cases, suspended for two years of criminals, in execution period, if the intentional crime, if true, should be executed, to a higher people's court for approval.

The 278th intermediate people's court in cases of First Instance sentenced to two year stay of execution, the defendant does not appeal, the people's Procuratorate don't protest, shall be submitted to the Supreme People's court approval.
        The higher people's court for approval of the two year stay of execution case, processing separately according to the following circumstances:
   (a) agree with the death sentence suspended for two years, shall decide to approve;
   (two) that the original facts unclear, insufficient evidence, shall order the remand the case for retrial;
(three) that the original sentencing overweight, should be in accordance with the law revision.
 The higher people's court approved two year stay of execution case, shall not increase the defendant in order to improve the trial mode of punishment.

The number of crimes of 279th defendants sentenced to death, if there should be approved by the Supreme People's court, or the common crime case part of the defendants were sentenced to death in the crime shall be approved by the Supreme People's court, the case must be submitted to the Supreme People's court approval.

Article 280th submitted to the review of the death penalty (two year stay of execution) cases, should be a case of a newspaper. The submitted materials shall include submitted to the review report, the death penalty (two year stay of execution) comprehensive report and case verdict fifteen copies each, and all litigation case file and evidence; joint crime, the case shall be submitted to the litigation case file and evidence.
(a) submitted to the review report, shall indicate the case, brief case and trial process and outcome;
       (two) (two year stay of execution of death penalty cases) comprehensive report shall include the following contents:
   1, the defendant's name, gender, date of birth, nationality, culture degree, occupation, address, detention, arrest, prosecution and the curriculum vitae of the time and is now the place of detention;
   2, the facts of the crime, including the crime time, place, motive, purpose, means, consequence and lighter, heavier punishment circumstances, that the evidence of the crime, the legal basis of conviction and sentencing;
   3, other issues need to explain.

 Article 281st the death penalty (two year stay of execution) review of the litigation case file and evidence, according to the specific circumstances of the case shall include the following contents:
   (a) a copy of a detention warrant, warrant, the warrant;
   (two) seized money, dirt and other documented evidence list;
   (three) opinion recommending prosecution of public security organs, state security organs, the people's Procuratorate investigation or the end of the reporting;
   (four) the people's Procuratorate indictment;
   (five) cases review report, court records, record of a collegiate bench and the judicial committee for discussion and decision taking;
   (six) the defendant, the people's Procuratorate protest petition;
   (seven) the people's court judgments, rulings and sentencing record, the receipt;
 (eight) to prove that various positive case and verified and the negative evidence, including evidence or evidence, documentary evidence, testimony of witness, photos of victims' statements, confession and defence of the accused.

282nd senior people court to review or approval of the death penalty (two year stay of execution) cases, must be questioned the defendant.

The 283rd review of the death penalty (two year stay of execution) case, shall comprehensively examine the following contents:
  (a) the defendant's age, there is no responsibility, is pregnant women;
  (two) is the main fact judgment clear, evidence is true, full;
  (three) the circumstances of the crime, and the degree of harm consequence;
  (four) the decision to apply the law correctly, is to be sentenced to death, whether it must be executed immediately;
 (five) there is no statutory, discretionary lighter or mitigated punishment plot;
  (six) other circumstances shall review.

Article 284th the death penalty approval (two year stay of execution) cases after a comprehensive review, the collegial panel shall review and write the recheck report. The audit report shall include the following contents:
   (a) the origin of the case and the case through;
   (two) the defendant and the victim;
   (three) detection of the case;
   (four) the decision points and both sides;
   (five) and the identification and analysis of the facts and evidence review;
   (six) the collegiate bench appraisal opinions, the judicial committee for discussion and decision;
(seven) to describe the problem.

285th of the death penalty cases, after review shall be made respectively according to the case:
   (a) the ruling that the facts and the applicable law is correct, appropriate sentencing, ruling to approve;
   (two) the judgment error of fact or the evidence is insufficient, rescind the original judgment, remand the case for retrial;
   (three) the judgment that the facts are correct, but the applicable law is wrong, or inappropriate, does not agree with the death sentence, and shall be amended;
   (four) found that the people's Court of first instance or the people's Court of second instance violating the legal procedure, may affect the correct decision, shall rescind the original judgment, the people's Court of first instance or back to the people's Court of second instance for retrial.

286th senior people's court remanded by the people's court to review after the trial of the case to trial, the judgment or ruling, the defendant may appeal, the people's Procuratorate protest.

Article 287th in a case of joint crime, some of the defendants were sentenced to death, reviewed by the Supreme People's court or the people's court senior, shall examine the case, but no effect on other defendants in a legally effective judgment, ruling execution; the other defendants in a legally effective judgment, ruling mistake, can command the people's Court of retrial.

Treatment sixteen, seizure, freezing on the property

The property and accrued interest of the 288th people's court for the seizure, freezing as a defendant, shall be properly kept, for verification. Any unit or individual shall not be misappropriated or dispose of.
   In accordance with the seizure of money, securities, currency, which shall be registered securities name, amount, currency denomination, shall be deposited in the bank accounts, bank deposit certificates and registration name, content, file for future reference.
    In accordance with the law seized articles, shall register the goods name, type, specifications written, quantity, weight, quality, quality, purity, color, recency, defect characteristics and source file for future reference. '
    In accordance with the seizure of cultural relics, gold and silver, jewelry, precious paintings and contraband goods, it shall timely identification. The seizure of goods shall be in accordance with the relevant provisions of pricing.

Article 289th for the lawful property of the victim, the victim's clear, seizure, freezing organs shall be promptly returned. Subject to take photographs, identification, evaluation, and indicate the return of reason in the files of the case, the original photos, list and the formalities for entering the volume.

Article 290th for use as evidence of the physical evidence, including as currency, securities, shall be transferred together with the case. When the trial, is to show to the court, cross examination in court. Adjournment or closed court for evidence of handover procedures, check, check and correct, the guy on the list were signed to be sealed. The second instance procedure caused by appeal, appeal, the people's Court of first instance shall be the evidence to the people's Court of second instance, and the evidence for the handover procedures.

Article 291st the following should be transferred to the real, the people's court accepts the case, shall examine whether the relevant evidential materials attached; need for identification (including valuation), shall be attached with the appraisal conclusion:
   (a) the bulk, inconvenient for transportation of goods, by the detaining authorities make a list, with the original photos and storage procedures, specify the location;
   (two) the perishable, mildew and is not easy to store items, detaining authorities sold after processing, with the case the original list, photos, obtained Certificate (photocopy);
   (three) the contraband goods, firearms and ammunition, flammable and explosive substances, toxic chemicals and other dangerous goods, detaining authorities according to the relevant state provisions, with the case the original photo and list. For the attachment, seizure of money, securities shall not be transferred according to law, the people's court has accepted the case, shall examine whether the original photo, a list or other documents.

Article 292nd the people's court accepts a case for investigation organs, frozen in the deposits of financial institutions, shall examine whether the attached original documents issued by financial institutions. The people's court verdicts, notify the financial institution turned over to the state treasury, and verdict will be served on the finance authority. Financial institutions shall, after receiving the notice of execution after the people's court within fifteen days to the executive.

Article 293rd shall not be transferred according to law for the seizure, seizure of money, goods, the people's court to make a decision after the entry into force, by the notice of the people's court attachment, seizure authority turned over to the state treasury, and shall notify the relevant financial institutions and judgment service. Attachment, seizure of organs should be receiving the notice of execution after the people's court within fifteen days to the executive.

Article 294th for the people's court for the seizure, freezing of the stolen money, stolen goods and the fruits thereof, the people's court ruling, the people's court in accordance with the effective legal documents processing. In addition to returned to the victims according to law, shall be confiscated, turned over to the state treasury. Except as otherwise stipulated by law.
     If the people's Procuratorate, the public security organs because of the death of the suspect, apply to the people's court ruled that the financial institutions notice freeze criminal suspects deposit, remittance, the case will be the victim of the crime suspect deposit, remittance and turned over to the state treasury or returned, the people's court shall, after examination review relevant evidential materials after the ruling.

Article 295th for the seizure, freezing of the irrelevant property, has been included in the list, the people's court shall notify the seizure, freezing the organ for handling according to law. The defendant was sentenced to the punishment of property, the people's court shall notify the seizure, freezing the agencies will be returned to the defendant property transferred to the people's court for execution of the punishment.

Seventeen, the procedure for trial supervision

Article 296th the people's courts at all levels of the party or his legal representative, close relative to a legally effective judgment, ruling appeals, shall be registered and carefully review.

The 297th people's court after examination, does not meet the 203rd criminal procedure law stipulates the appeal, according to the letter, visit treatment.

The people's court 298th acceptance, review complaints generally made by a legally effective judgment, ruling out. Appeal directly to the people's court at a higher level, without having made a legally effective judgment, ruling the review by the people's court, the higher people's court can make the review by the people's court, and inform the complainant; if belong to the difficult, complex, major, or has been made through a legally effective judgment, ruling of the people's court review the treatment still insist on appeal, the people's court at a higher level may directly accept the application, review, if the people's court may request to review a people's court at a higher level processing. 　

  299th the people's Court of appeal review processing, superior people's court to deal directly with the people's court at a lower level to appeal and to review complaints, complaints shall be made.

The complaint 300th the people's Court of second instance for refusing to accept the hospital to maintain the people's Court of First Instance judgement, can be given by the people's Court of first instance review. The people's Court of first instance shall write a review, the review report, put forward the suggestion for examination and approval, the people's Court of second instance.

301st cases of death penalty to the Supreme People's court approved or authorized senior people's court approved the death penalty cases appeal, can be handled directly by the people's court approved, can also be given by the people's court review. The people's court shall write a review report, put forward opinions, the people's court shall report to the original approval.

The 302nd people's court accepted the appeal, it shall make a decision within three months, no later than six months. After review, think of 204th criminal law provisions, by the presidents of the trial committee decided to re trial; do not conform to the provisions of the 204th criminal procedure law appeal, should persuade the complainant to withdraw the complaint; still insists on the appeal, shall notify in writing the rejected.

Article 303rd the complainant to dismiss the appeal decision, it may appeal to the people's court at a higher level. Review by the people's court at a higher level that the plaintiff does not comply with the provisions of the 204th criminal procedure law, it shall reject the. The people's court two stage treated and appeal, if there is no good reason the new, the people's court may no longer accept.

Article 304th the people's courts at all levels of a legally effective judgment and ruling of the hospital, if found in the determination of facts or law is wrong, is submitted to the judicial committee for discussion and decision retrial case, form a new collegial panel for retrial.

Article 305th the Supreme People's Court of the people's courts at all levels have a legally effective judgment, ruling, the people's court at a higher level a legally effective judgment of the lower court and ruled that, if mistakes are found, can direct the people's court subordinate retrial; for the original judgment, ruling that the facts are correct, but there are errors in the application of the law, or the case of difficult, complex, major, or other not by the people's court hearing the case, can also be questioned.

Article 306th the Supreme People's Procuratorate of a legally effective judgment of the people's courts at all levels and the ruled, the higher people's Procuratorate a legally effective judgment of the lower court and ruled that, if mistakes are found, in accordance with the procedure for trial supervision of a case protested by a people's court at the same level to, accepted by a people's court shall form a collegial panel to hear; the facts in the original judgment is unclear or the evidence is insufficient, can direct the people's court at the lower level people's Procuratorate and the retrial, the retrial decision instructions copy of the written protest.

Article 307th a people's court in accordance with the procedure for trial supervision to the trial of the case, except the people's Procuratorate to protest outside, should make the retrial decision. The original judgment, the execution of the ruling shall not stop the retrial period.

Article 308th the people's court in accordance with the procedure for trial supervision to the trial of the case, should be on the original judgment, ruling the facts, evidence and the law that a comprehensive review of.

Article 309th the people's court in accordance with the procedure for trial supervision to the trial of the case, if it was a case of first instance, shall be carried out in accordance with the procedure of first instance trial, judgment, ruling, can appeal, appeal; if it was a case of first instance shall be tried, the superior people's court case, shall be tried in accordance with the procedure of second instance, judgment, ruling, is the final judgment, ruling.

Article 310th in accordance with the procedure for trial supervision procedure of criminal cases of private prosecution, shall make a judgment, ruling; incidental civil part of mediation.

Article 311st the retrial shall, in accordance with the provisions of article 207th of criminal procedure law.

Article 312nd the retrial case after a re trial, shall handle it according to the following circumstances:
   (a) the original judgment, ruling to find the facts and the applicable law is correct, appropriate sentencing, it shall dismiss the appeal or protest;
  (two) the original decision, ruled that the fact that there is no error, but the application of law is wrong, or inappropriate, and shall be amended.
   In accordance with the procedure of second instance court cases, that must be sentenced the defendant to the immediate execution of death sentence, directly after, shall be submitted to the approval of the Supreme People's court;
   (three) should be punished for the defendants in the case, the original judgment, ruling did not separate conviction and punishment, it shall revoke the original judgment or ruling, re conviction and sentencing, and decided to carry out the punishment;
   (four) according to the procedure of second instance court cases, the original decision, ruled that the facts are unclear or the evidence is insufficient, can be changed after ascertaining the facts, or it may rescind the original judgment, remanded by the people's court re trial.
   The original judgment, ruling that the facts were not clear, the evidence is insufficient, the retrial cannot be ascertained, the evidence is insufficient, can not determine that the defendant guilty, should refer to the interpretation of article 176th (four) regulations, decide that the defendant is innocent.

Eighteen, foreign criminal trial procedures

313rd cases of the interpretation of the mean:
   (a) within the people's Republic of China, the foreigner crime or civil violations of the legitimate rights of criminal cases of foreigners;
   (two) outside the people's Republic of China, in accordance with Article eighth of the criminal law, foreigners under any of the circumstances prescribed in article tenth of the people's Republic of China national and civil crime and China citizens crime;
   (three) in accordance with Article ninth of the criminal law provisions, the people's Republic of China in the international treaty obligations within the scope of the exercise of jurisdiction of the case.

314th foreign nationality identification with its entry to be confirmed; of unknown nationality, to the public security organs in the Foreign Affairs Department identified as. Nationality did not identify, treat in a stateless person, hearing the applicable criminal procedure.

The criminal responsibility of the 315th foreigners who enjoy diplomatic privileges and immunities, resolved through diplomatic channels.

316th foreign defendants in criminal proceedings, enjoy the legal provisions of our country litigation rights and obligations.

317th international treaties of the people's Republic of China has concluded or acceded to the specific provisions of criminal procedure, the provisions of the international treaty shall apply. However, except our reservations clause.

The 318th people's court trial of criminal case, shall be open to the public. But involves state secrets or personal privacy case, not a public hearing. Public hearing of the case by the people's court hearing, beside, admission in.

The 319th people's court trial of criminal case concerning foreign affairs of the people's Republic of China, using the universal language, text, shall provide translation for the foreign defendant. If a foreign defendant know China language, text, translation to others, should be a written statement issued by himself, or his oral statement recorded in the volume. The litigation documents shall be attached to the text, the familiar foreign language translation, translation is not affixed with the seal of the people's court, the Chinese version shall prevail. Translation costs borne by the defendant.
   If a foreign defendant refused to accept the litigation documents shall be handled in accordance with the provisions of article third, paragraph 104th of this interpretation.

Article 320th a foreign defendant lawyer defense, as well as the plaintiff in incidental civil action, prosecutor attorney agent ad litem, shall entrust a lawyer qualification of the people's Republic of China and obtained a practicing certificate of the legal.
   The foreign nationality if the accused does not entrust a defender, the people's court can appoint one for him. The accused refused to defend defended, should its written declaration, or the oral statement recorded in the volume, the people's court shall permit.
   Send Chinese lawyers or Chinese citizen authorization foreigners in the territory of the people's Republic of residential, shall be notarized by the notary public of the country, the foreign ministry or its authorized agency certification, and by the China Embassy in the consular certification,, has the legal effect. Except for mutual exemption of authentication protocol between China and the country.

Article 321st the people's court cases and treatment results, should be reported to the local departments of foreign affairs.

The 322nd defendants in the criminal case concerning foreign affairs and the people's court finds that the other suspects, may decide to exit restrictions; on the trial case must be present in court witness, can request to suspend the exit. Restrictions on exit decision shall notify the public security organ at the same level or the state security organ.

The 323rd people's court decision to limit foreigners and Chinese outbound, verbal or written notice shall be restricted to leave the country people, can withhold the passport or other valid entry-exit certificates means, in the case not to leave before the end of.

324th of the needs in the frontier inspection station stop foreigners and Chinese outbound, the people's court shall fill in the port to prevent staff exit notice. The control port in the province, autonomous region, municipality directly under the central government, shall, to the province, autonomous region, municipality directly under the central government, public security department (bureau) for traffic control procedures. The control port is not within the province, autonomous region, or municipality directly under the central government, shall by relevant provinces, autonomous regions, municipalities directly under the central government, public security department (bureau) for traffic control procedures. In case of emergency, if necessary, can be the first to the frontier inspection station traffic control, then go to control procedures.

325th according to the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, China's courts and foreign courts can ask each other, on behalf of the lawsuit behavior.
   Requested by a foreign court, with the people's Republic of China's sovereignty, security or social and public interests and in violation of the law is not compatible Chinese, shall be rejected; does not belong to the scope of judicial authority in China, should be returned, and explain the reasons.

326th a request for judicial assistance agreements signed the national court for certain actions and our country, must by the province, autonomous region, municipality directly under the central government, the higher people's Court of the Supreme People's court agreed to review report. Signing the judicial assistance agreements with countries court for China's court for certain actions and our country, should be conveyed by the Supreme People's court review.

Article 327th to outside the people's Republic of China live in the litigation documents, in the following manner:
   (a) through diplomatic channels;
   (two) the parties to the China Ji, can entrust our country to be served, the consulate;
   (three) the parties of the country where the law permits service by post, may be served by post;
   (four) the country and our country criminal judicial assistance agreement, in accordance with the provisions of the agreement on the way;
   (five) the parties are private prosecution of private prosecution case or the plaintiff in incidental civil action, an agent ad litem, can be served by the agent ad litem.

The 328th people's court and to establish diplomatic relations with China national court request each other through diplomatic channels of legal documents, in addition to the country with our existing judicial assistance agreement according to the agreement, on the basis of the principle of reciprocity.

Article 329th the foreign court through diplomatic channels to request our court to Chinese citizens in China and a third party serving the relevant criminal legal documents, in addition to the judicial assistance agreement, in accordance with the following procedures:
   (a) by the country's embassies, consulates legal documents the Consular Department of the Ministry of foreign affairs by the higher people's court. The higher people's court after examination, that can be served, shall specify the relevant intermediate people's court by the parties. Requesting the receipt of Party A, shall sign on the receipt of service; not attached to the receipt of service, by the intermediate people's court is responsible for service issued proof of service. The receipt or a proof of service by a higher people's court by the Consular Department of the Ministry of foreign affairs by the requesting party;
   (two) the served party enjoying diplomatic privileges and immunities, not to; does not belong to the scope of functions and powers of the people's court or unable to address unknown and other reasons served, the higher people's court shall indicate the reasons cannot be served by the Ministry of foreign affairs, to ask the party, shall be returned.

330th foreign embassies, consulates in China through diplomatic channels to the court request in China the national service of legal documents, the interpretation of the provisions of article 329th applicable.

The 331st people's court through diplomatic channels to foreign parties in the service of legal documents, in accordance with the following procedures:
   (a) request for legal documents must be approved by the higher people's court review, by a higher people's court to the Consular Department of the Ministry of foreign affairs forwarding;
   (two) must be accurately indicate the addressee name, gender, age, foreign parties nationality and address, and the basic situation of the case to inform Ministry of foreign affairs;
   (three) must be accompanied by a petition of service specified by the request method school name. The requested method hospital name is unknown, the parties may request the competent court area. The legal documents must be accompanied by the requested Party official language or the country agreed to use a third language translation. If the requested party notarization, authentication and other special requirements for the request and legal documents, by the Ministry of foreign affairs to inform the higher people's court.

332nd people's court commissioned me to make, the Consulate in the foreign China by parties to the service of legal documents, in accordance with the following procedures:
   (a) commissioned service of legal instruments must be approved by the higher people's court review, by a higher people's court to the Consular Department of the Ministry of foreign affairs forwarding;
   (two) must be accurately indicate the addressee name, gender, age and foreign parties with the address, and the basic situation of the case to inform Ministry of foreign affairs.

333rd of our court and foreign court through diplomatic channels mutually request for service of legal documents of the charges, according to the Supreme People's court, the Ministry of foreign affairs, the Ministry of justice "on our court and foreign court through diplomatic channels of Mutual Entrustment of the service of legal documents and survey evidence notice" for the cost of.

334th foreign defendants were arrested, trial or in the case of death, shall notify the country's embassies, consulates, and handled according to the relevant provisions.

A written request for judicial assistance of our court 335th foreign court and the accompanying documents, shall be accompanied by Chinese translation or a text in another language specified in the relevant international treaties.

Other matters 336th foreign criminal proceedings, in accordance with the relevant provisions of this interpretation and other relevant provisions.

Nineteen, executive program

337th judgments and orders shall be executed after they become legally effective. The following judgments and orders are legally effective judgments and orders:
   (a) has the statutory time limit not appeal, appeal the verdict;
   (two) the final judgment or ruling;
   (three) the higher people's court approved two year stay of execution judgment, ruling and according to authorization of the Supreme People's court approved the death penalty verdict;
(four) the Supreme People's court approved the death penalty verdict.

Article 338th the Supreme People's court sentenced and approved the execution of the death penalty judgment, ruling, shall be executed commands issued by the president of the Supreme People's court; the death penalty the Supreme People's court authorized the Supreme People's court approved the immediate execution of the judgment or ruling, shall be executed commands issued by the president of the higher people's court.

The 339th were sentenced to two year stay of execution of criminals, in execution period, if the intentional crime, shall be made by the people's Procuratorate prosecution, the intermediate people's Court of criminals to trial in accordance with the law, the decision may be appealed, protest.
   Constitute a crime, the ruling becomes legally effective judgment made by the people's court, effective judgment, ruling, in accordance with the interpretation of article 275th (four) or 277th shall be submitted to the people's court at a higher level or by the court approved the crime into the immediate execution of death penalty. The superior people's court or the court approval, the intermediate people's court to criminals to execution.

340th two year stay of execution expires shall be commuted, the people's court shall timely commutation. Two year stay of execution to fixed-term imprisonment is the expiration of the term, since the death sentence suspended for two years from the date of execution.

Article 341st the Supreme People's court and the Supreme People's court execution command, by the higher people's court delivered the people's court, the people's court received the executed command, shall be executed in seven days.

Article 342nd if a people's court after receiving the executed command, found in any of the following circumstances, should stop the execution, and immediately report to the people's court approved the death penalty, the people's court approved the death penalty verdict:
(a) before the execution that referee may have the wrong;
   (two) in the implementation of the criminal exposes major criminal facts or other major meritorious service, may require revision;
   (three) if the criminal is pregnant.
       The preceding paragraph (a), article (two) provision disappearance reason to stop the execution of the death penalty, must be reported to the approval of the president of the people's court to issue commands to execute the death penalty; because of the preceding paragraph (three) reason rule stop execution, shall be submitted to the approval of the people's court shall be amended according to the law of the death penalty.

Article 343rd before the execution of the death penalty, criminal proposed to meet their close relatives or their close relatives with criminals proposed application, the people's court may permit. 　

 The 344th people's court the death sentence to be executed shall be executed, in three days notice to the on-site supervision over the people's Procuratorate at the same level.

Shooting or injection method using 345th death penalty execution.
     Executed by injection method, it shall be specified in the execution or places of detention execution. The specific procedures, in accordance with the relevant provisions.
     Executed by other methods, injection shot outside of the prior approval, shall be submitted to the Supreme People's court.

Article 346th before the execution, the judicial officer directing the execution shall verify the identity of the criminal, asked whether any last words, letters, and making a record, and then executed for execution of the death sentence.
The death penalty should be released, no paraded through the streets or other insults by debetor the personality behavior.

347th execution is completed, should be made by the forensic identification of criminals is after death, court clerk shall make transcripts. The people's court shall deliver the death penalty (including executed before and after pictures) timely report to the Supreme People's court.

348th after the execution, the people's court for enforcement in charge shall handle the following matters:
     (a) for the death note, note taking, should be examined promptly, relates to the inheritance of property, debt, family instructions etc, will note, will record to the family, while replication put on file for reference; cases involving clues, shall send a copy of the relevant authorities
 (two) notify the family members of the criminal claim within the time limit the criminal body; a cremation condition, notice to receive the ashes. Expired no claim, the court shall notify the relevant units. For the treatment of the death penalty remains or ashes, shall be recorded;
 (three) the foreign nationality criminals executed, notify the foreign embassies, consulates of the procedures and time limit, in accordance with the relevant provisions.

Article 349th for the death sentence suspended for two years, life imprisonment, the prison criminals, the people's court shall deliver the written judgment, ruling, the people's Procuratorate indictment copy, copy of the people's court complaint, the notice of execution, node case registration form timely delivery of the detention center, by the public security organs will be criminals the delivery of prison execution.

Article 350th prison execution decision shall be executed respectively to the public security organs and the prison.
      Criminals need to detain for execution of the punishment, and the judgment of ex offenders not detained, the people's court shall, according to the effective judgment or ruling to criminal detention, and to the public security organs.

Article 351st for sentenced to criminal detention, the judgment becomes effective, the people's court executed will judgment, ruling, the people's Procuratorate indictment copy, a copy of the notice of execution, complaint, or registration form to the public security organ in a timely manner.

Article 352nd the notice of execution by the receipt stamped, attached to the people's court records.

The 353rd were sentenced to prison or criminal detention, with one of the provisions of the first paragraph 214th, four criminal procedure law, the people's court decided the temporary execution outside prison, "the temporary execution outside prison shall make a decision", stated the basic situation, the judgment of criminal offences and penalties, decided to temporarily reasons outside of prison, etc., and sent to the people's Procuratorate and the residence of the public security organs.

354th judgment becomes effective, the public security organs shall be executed prisoners, the prison shall not put in prison, the prison shall explain the reasons in written form, by the public security organs will be the implementation of the notice to the people's court. The examination of the people's court that prisons doesn't put criminals do not meet 214th of the criminal procedural law stipulates the temporary execution outside prison conditions, shall decide the prison prison execution of delivery. Prison execution decision shall be executed respectively to the public security organs and the prison.

Article 355th the people's Court of First Instance sentenced to criminal detention or fixed-term declared criminal probation, not legally effective judgment, not immediately executed. If the probation criminals in custody, the people's Court of first instance shall perform coercive measures to make a change, changed to residential surveillance or bail, and the public security organs immediately notify. The judgment shall be legally effective, legal documents to the local public security organ.

356th be probation, parole criminals, parole recidivism in new test period of probation, or is found in the judgment is pronounced before other crime without judgment, probation, parole shall be revoked, the people's court in the trial of new crime, the original judgment, ruling declared probation, parole shall be revoked; if the original judgment, the superior people's court ruling declared probation, parole, the lower level people's court trial new sin can also reverse the original judgment, ruling declared probation, parole. The people's court for the trial court new crimes, probation, parole revocation order to declare, it shall notify the people's court probation, parole and executing organ.

357th be probation, parole criminals, the probation period for parole violation of laws, administrative regulations or the public security department under the State Council probation, parole supervision on probation, in, it shall revoke the probation, parole, probation, parole originally made the people's court judges shall put forward the public security organs at the same level the revocation of probation, parole recommendations within one month of the date of receipt shall make a ruling.
The people's court to revoke probation, parole decision, once made, effective immediately.

Article 358th a legally effective judgment, ruling or criminal mediation book relates to the property to execution, execution by the people's court.
     Incidental property in civil judgment execution, in accordance with the relevant provisions of the civil procedure law and the Supreme People's court.

Article 359th penalties in decision within the prescribed time limit once or in installments. Upon the expiration of the term for no reason not to pay, the people's court shall compel him to pay. The compulsory pay is not paid in full, the people's court at any time, including the imposed after the completion of the execution of punishment, find the person subjected to execution has property, shall be recovered.
       If an irresistible disaster pay penalty is indeed difficult, criminals may apply to the people's court for a reduction or exemption. The people's court verified, the amount of the fine can be ruled of the original judgment shall be reduced or exempted. 　
 The administrative organ shall impose a fine on the defendant on the same facts, the people's court shall be sentenced to a fine should be allowance.

Article 360th sentenced to the punishment of property crimes or incidental civil judgment, ruling the defendant perform content in the local property, no property available for enforcement, the people's court may entrust the original property where people's court for enforcement. To perform the execution by the people's court or unenforceable, shall timely inform the people's court commissioned the relevant information. The people's court for the generation of execution may be will perform the property penalty of property to the state treasury; need restitution of property, shall be executed by the people's court shall be handed over to the entrusting people's court.

The 361st were sentenced to two year stay of execution of criminals, during two year stay of execution, if not intentional crime, the death penalty was suspended for two years after the expiration of the period, which shall decide commutation. If the death penalty was suspended for two years after the expiration of the period has not yet ruled commutation before they commit a crime, should be in accordance with the law of commutation of the new crime prior trial.

362nd cases of commutation and parole, respectively according to the following circumstances:
   (a) to be sentenced to two year stay of execution of criminal penalty, the criminals to the higher people's court ruling province according to the agreed, autonomous regions, municipalities directly under the central authority prison prison sentence for audit;
   (two) for was sentenced to life imprisonment commutation, parole, the criminals to the higher people's court according to the province, autonomous region, municipality directly under the central government to management audit organs prison prison of commutation and parole, proposal determination. The higher people's court shall be the date of receiving the written recommendation within one month, to determine commutation; the case is complex or special circumstances, may be extended by one month
 (three) for sentenced to (including the sentence) criminals commutation, parole, the criminals to the intermediate people's court according to the local executive organ commutation, parole proposal determination. The intermediate people's court shall be the date of receiving the written recommendation within one month, to determine commutation; the case is complex or special circumstances, may be extended by one month;
 (four) for was sentenced to criminal detention of commutation, the criminals to the intermediate people's court at the same level according to the local authorities to enforce rulings commutation proposal;
(five) for the criminals sentenced to control the commutation, the criminals to the intermediate people's court at the same level according to the local authorities to enforce rulings commutation proposal;
 (six) were declared probation criminals, during the probation period is major meritorious service, need to be commuted, and shorten the probation period shall be responsible for the investigation, the police in the criminal unit or the basic level organization put forward written opinions by criminals, the location of the intermediate people's court at the same level according to the local enforcement authorities put forward commutation, parole proposal determination;
 (seven) for the public security organs in the supervision of the criminal commutation, parole, criminal detention by the comments, by the local intermediate people's court at the same level according to the local executive authorities of commutation, parole proposal determination. The preceding paragraph (four) to (seven) provision of commutation, parole, the people's court shall, from the date of receiving the written recommendation within one month, to determine the commutation. 　

  363rd people's court shall examine the case of commutation, parole, executive authority to whether the materials include the following:
 (a) the commutation, parole recommendations;
 (two) the court of final judgment, ruling, the previous commutation order copies;
 (three) documentary evidence of specific facts of criminal crime, true repentance or performed major meritorious service;
 (four) criminal evaluation authentication table, reward approval form.
  after examination, if the provisions of the preceding paragraph, the materials are complete, should study; materials are incomplete, it shall notify the proposal for commutation, parole enforcement agencies complement.

Article 364th the people's Court of commutation and parole, case, shall form a collegial panel.

Article 365th commutation, parole decision, shall timely delivery of executive organ, people's Procuratorate, the public security organ responsible for supervision and the offender, released on parole. The people's Procuratorate considers that the people's court ruling on parole sentence, improper, should be in receipt of the order in twenty days after the copy, submit a written recommendation to the people's court. The people's court received written corrective opinion, should be re formed a collegiate bench trial, and to make a final decision within one month.

Twenty, annex

Article 366th of the relevant provisions of this interpretation is applicable to military courts, railway transportation courts and other special people's courts.

Article 367th before the issuance of this interpretation of the criminal procedure of the judicial interpretation, and this interpretation duplicate or conflict, the interpretation shall prevail.