The People's Republic of China

The judicial interpretation of the Supreme People's court

Interpretation (2012) No. 21

　"Explain" the Supreme People's Court on the application of the Supreme People's Court on November 5, 2012 the 1559th meeting of the judicial committee, is hereby promulgated, shall enter into force as of January 1, 2013.

Supreme People's court

December 20, 2012

Interpretation (2012) No. 21

Supreme People's court

On the application of "the people's Republic of China Criminal Procedure Law" interpretation

(by the Supreme People's Court on November 5, 2012 the 1559th meeting of the judicial committee)

Catalog

The first chapter jurisdiction

The second chapter avoidance

The third chapter defence and representation

The fourth chapter evidence

Section 1 General Provisions

The second section material evidence, documentary evidence and confirmation of the review

And that third day testimony of witness, Victim Statement Review

And that fourth defendants confession and exculpation review

And that fifth day review of expert opinion

And that sixth day inquest, inspection, identification, investigation, record review

And that seventh day of audio-visual materials, electronic data examination

The eighth section of illegal evidence exclusion

A comprehensive review of section ninth and application of evidence

The fifth chapter compulsory measures

The sixth chapter of incidental civil action

The seventh chapter, served, during the trial period

The eighth chapter trial organization

The ninth chapter of public prosecution cases of ordinary procedure of first instance

The first section examination preparation and before the court

The second section announced the court and the court investigation

The third section the court debate and the final statement

The fourth day review cases and judgment

The fifth section court rules and other provisions

The tenth chapter is a case of private prosecution procedure of first instance

The eleventh chapter is the unit crime case

The twelfth chapter summary procedure

The thirteenth chapter to the procedure of second instance

In the fourteenth chapter, below the legal punishment penalty and special parole approval

The fifteenth chapter is the review procedure of death penalty

The sixteenth chapter attachment, seizure, freezing the property and processing

The seventeenth chapter is the procedure for trial supervision

The eighteenth chapter of criminal cases of foreign-related trial and judicial assistance

The nineteenth chapter executive program

The first section of execution

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

The third section control executed, probation, deprivation of political rights

The fourth section property punishment and incidental civil judgment execution

The fifth section commutation, parole hearing of cases

In section sixth, probation, parole revocation

The twentieth chapter minors procedure of criminal case

Section 1 General Provisions

The second section court preparation

The third day trial

The fourth Festival Executive

The twenty-first chapter mediation in cases of public prosecution procedure

The twenty-second chapter of criminal suspects and defendants, escape, death cases of illegal gains confiscated program

The mental patient twenty-third Chapter shall not bear criminal responsibility of compulsory medical procedures

The twenty-fourth chapter supplementary provisions

In March 14, 2012, the eleventh session of the National People's Congress passed the fifth meeting on the revision of the criminal procedure law "'' of the people's Republic of China decided to". In order to correctly understand and apply the amended criminal procedure law, the people's court trial in combination with the actual work, this interpretation is formulated.

The first chapter jurisdiction

A case of private prosecution in a people's court accepts the first direct include:

(a) to be handled the cases:

Insult, libel case (with the exception of the criminal law 246th stipulation, but serious harm to social order and national interest);

The violence of interference in the freedom of marriage case (article 257th of the criminal law stipulated in the first paragraph);

Abuse case (article 260th of the criminal law stipulated in the first paragraph);

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:

The case of intentional injury (article 234Th of the criminal law stipulated in the first paragraph);

Burglary case (the criminal law 245th stipulation);

A violation of freedom of communication (the case of article 252nd of the criminal law);

Bigamy case (the criminal law 258th stipulation);

Case of abandonment (the criminal law 261st stipulation);

Production, sales of fake and shoddy goods case (except for the first section of the third chapter of criminal law provisions, but serious harm to social order and national interest);

The violation of intellectual property rights cases (with the exception of criminal law third chapter of seventh, but the serious harm to the social order and the interests of the state);

The fourth chapter of criminal law, the fifth chapter, the defendant may be sentenced to the punishment cases three years.

The provisions of the case, 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 penalty above three years, shall notify the victim report to the public security organs, or 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 in accordance with the law, and there is evidence that had filed a complaint, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case.

Second the crime includes the crime occurred and the result of crime occurrence.

Based on or using computer network crime, crime includes the crime happened to web server located, network access, website, management place, be against the computer information system and its management is located, the defendant, the victim computer information system used is located, as well as the victim suffer loss.

Third defendants domicile to the residence. Place of residence and domicile inconsistent, habitual residence is the place of residence. The habitual residence of the defendant accused has more than one year of continuous residence place, but hospitalized except.

The defendant unit residence for their place of residence. The principal place of business or main office is located and registered domicile inconsistent, principal place of business or main office is located in the place of residence.

Fourth in areas outside the people's Republic of China Chinese ship crime, under the jurisdiction of the people's court initially moored by the ship's Chinese port where the.

Fifth in areas outside the people's Republic of China China aircraft in crime, the aircraft Chinese first landed in the jurisdiction of the people's court.

Sixth in international trains on crime, according to the agreement signed between China and relevant countries to determine jurisdiction; no agreement, jurisdiction initially docked by the train Chinese station is located or destination of the railway transportation court.

Seventh Chinese citizens in China embassies, consulate in crime, the competent units or the people's court for the original domicile jurisdiction.

Eighth Chinese citizens in the territory of the people's Republic of crime under the jurisdiction of the people's court, the entry or departure from the former residence of the victim is Chinese; citizen, under the jurisdiction of the people's court or by the former residence of the victim's departure.

Ninth foreigners in the territory of the people's Republic of the people's Republic of China or the citizens crime, according to the "PRC Criminal Law" should be punished, the foreigner entry after entry, residence or killed under the jurisdiction of the people's court Chinese citizen departure areas.

Tenth provisions of the people's Republic of China on the international treaties concluded or acceded to by the people's Republic of China of the crime, within the scope of its treaty obligations, exercising criminal jurisdiction, the defendant was captured by the jurisdiction of the people's court.

Eleventh is serving a sentence without judgment before the judgment is pronounced, and other crimes, shall be under the jurisdiction of the people's court; by criminals or criminal trial of the people's court is more appropriate, under the jurisdiction of the people's court may by criminals or criminal.

The criminals in prison and crime, under the jurisdiction of the people's court sentenced by the.

The criminals in crime during the escape from prison, under the jurisdiction of the people's court. However, caught the criminal in the crime and the crime in the period of the escape, under the jurisdiction of the people's court to the crime.

Twelfth people's Procuratorate think may be sentenced to life imprisonment, the death penalty, public prosecution to the intermediate people's court, the intermediate people's court, that need not be sentenced to life imprisonment or death, shall no longer pay the basic people's court trial, the trial.

Article thirteenth a committed several crimes, common crime and other trial cases, one or a crime under the jurisdiction of the people's court at a higher level to the jurisdiction of the people's court at a higher level, all.

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

Fifteenth grassroots people's Court on may be sentenced to life imprisonment, the death penalty criminal cases of first instance, it shall transfer the case to the intermediate people's court trial.

The basic people's Court on the criminal cases of first instance, you can request a transfer intermediate people's court trial:

(a) major, complicated cases;

(two) a new type of difficult cases;

(three) has universal guiding significance in the case of the application of the law.

Need to transfer the case to the intermediate people's court trial, should report to the Dean decided, at the latest by the trial period of fifteen days before the expiry of a written request to the. The intermediate people's court shall make a decision within ten days after receiving the application. Agree to disagree, shall be issued to the people's court decision, a request to trial in accordance with the law; agreed to transfer, shall be issued to consent decision, and notify the people's Procuratorate at the same level.

Sixteenth people's courts have jurisdiction over a case involving the president of the court to avoid and other reasons, not the exercise of jurisdiction, may request to the people's Court level jurisdiction. The people's court at a higher level may also specify the jurisdiction, jurisdiction and the requesting the people's court at the same level of other people's court.

Seventeenth people's courts at the same level of more than two have jurisdiction over a case, the people's court that first accepted. When necessary, can be transferred to the main criminal trial of the people's court.

The dispute of jurisdiction shall be resolved through consultation, in the trial period; the consultation fails, by the people's court dispute respectively via the common superior people's court for the designation of jurisdiction.

Eighteenth superior people's court when necessary, you can specify an inferior people's court for the jurisdiction of the case to the other lower level people's court trial.

Nineteenth 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.

Twentieth was accepted by the people's court cases received superior people's court decision, agreed to change the jurisdiction of the decision or other designated court jurisdiction the written decision, in a case of public prosecution, shall notify the people's Procuratorate at the same level, and the materials returned, and notify the party concerned in writing; in a case of private prosecution, the people's court shall be the materials transferred to the designated jurisdiction, and notify the party concerned in writing.

Twenty-first second court remanded the case, the people's Procuratorate prosecution to withdraw after the people's court at a lower level, but also to the people's Court of first instance to prosecution, if the people's court shall be reported level by level people's Court of second instance related information of the original. The people's Court of second instance original according to the specific circumstances, can decide to transfer the case to the people's Court of first instance or other people's court trial.

Article twenty-second the army and local inter related criminal cases, in accordance with the relevant provisions of the jurisdiction.

The second chapter avoidance

Twenty-third trial one of the following circumstances, it shall voluntarily withdraw, the parties and their legal representatives shall have the right to apply for withdrawal:

(a) is a party to the case or a near relative of the party;

(two) interested himself or his close relatives in the case;

(three) served as the case of the witnesses, authenticators, the defender, agent ad litem, the interpreter;

(four) near relatives and the defender, agent ad litem;

(five) has some other kind of relationship with a party to the case, which may affect the fair trial.

Twenty-fourth judicial personnel in violation of the provisions of, any of the following circumstances, the parties and their legal representatives shall have the right to apply for withdrawal:

(a) with a party to the case in violation of the provisions, the defender, agent ad litem;

(two) recommendation, the defender, agent ad litem for a party to the case, or other personnel management, as a lawyer in the case;

(three) for receiving a party to the case, and the principal property or other interests;

(four) accept dinner parties to the case and their clients, or participated in by the payment activities;

(five) to the parties to the case and their clients to borrow money;

(six) there are other improper behavior, which may affect the fair trial.

Twenty-fifth participated in this investigation, the prosecution work investigation, procuratorial personnel, work to the people's court, as the case may be judges.

The members of this case in the trial in a trial of the collegial panel or the single judge, shall not participate in other programs in this trial. However, the case remanded, in the people's Court of first instance judgment and into the procedure of second instance or the death penalty review procedure, the procedure of second instance or the death penalty review procedure of the collegial panel shall not be subject to the provisions of paragraph limit.

Twenty-sixth the people's court shall inform the parties and their legal representatives shall have the right to apply for withdrawal, and inform the members of the collegial panel, the single judge, clerk personnel list.

Twenty-seventh judges to apply for withdrawal, the parties and their legal representatives or apply for withdrawal of the judicial personnel, can be oral or written, and explain the reason, be decided by the president.

Dean voluntarily request for withdrawal, the parties and their legal representatives, or apply for withdrawal, decided by the judicial committee for discussion. The trial committee, chaired by the vice president, the President shall not participate in the.

Twenty-eighth parties and their legal representatives in accordance with the law of criminal procedure and the twenty-ninth to explain the twenty-fourth provisions apply for withdrawal, proof materials shall be submitted.

Article twenty-ninth shall avoidance of judges is not 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 thirtieth the parties and their legal representatives 's application for withdrawal, the people's court may be oral or written decision, and inform the applicant of the decision.

The parties and their legal representatives shall apply for withdrawal is rejected, it may apply for reconsideration upon receipt of the decision. Does not belong to avoid the application circumstances stipulated in Criminal Procedure Law Article twenty-eighth, article twenty-ninth, the court the court rejected, and may not apply for reconsideration.

Article thirty-first the parties and their legal representatives for prosecutors to avoid, the people's court shall decide to adjourn, and notify the people's procuratorate.

The judicial personnel thirty-second referred to in this chapter, including the president of a people's court, vice president, members of the judicial committee, the president, vice president, assistant judges, judges and people's assessors.

The relevant provisions of the withdrawal of the judicial personnel for translators and experts thirty-third clerk, to avoid problems, it shall be decided by the court president.

Article thirty-fourth the defender, agent ad litem may require avoidance, apply for reconsideration in accordance with the relevant provisions of this chapter.

The third chapter defence and representation

Article thirty-fifth the people's court cases, should fully guarantee the accused shall enjoy the right of defense.

The defendant in addition to exercising the right to defend himself, also can entrust his defense. The following persons shall not serve as defenders:

(a) are under criminal punishment or probation, the probation period in man;

(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 fourth to the provisions of the seventh, if the defendant's guardian, close relatives, the defendant is appointed as the defender, permit.

Thirty-sixth judges and the people's court other personnel from a people's court within two years after leaving, not as a lawyer counsel.

The judges and the people's court other personnel from a people's court after leaving, not as the original court trial counsel, except as a defendant's guardian, close relatives of defense.

The judges and the people's court other staff of the spouse, children or parents may act as the court hearing the case of the defenders, except as a defendant's guardian, close relatives of defense.

Thirty-seventh lawyer, recommend people groups, the defendant unit, or the defendant's guardians, relatives and friends to be appointed as the defender, the people's court shall verify the identity and authorization.

Article thirty-eighth a defendant may entrust one or two persons as his defenders.

A lawyer shall not be more than two co accused, defendant or not co processing but the facts of the crime related defense.

Thirty-ninth if the accused does not entrust a defender, the people's court shall within three days of the date of the case, shall have the right to inform the entrusted people; the defendant due to financial difficulties or other reasons, counsel did not entrust, shall inform the may apply for legal aid; the defendant shall be to provide legal aid cases according to law, shall inform the legal aid institutions appoint lawyers to provide notice to defend.

That can be taken orally or in writing.

During the fortieth trial, the defendant in custody requirements entrusted a defender, the people's court shall within three days of their guardians, relatives or its designated personnel to convey the requirements. The defendant shall provide relevant personnel contact. The relevant personnel can not notice, it shall inform the defendant.

Article forty-first the people's court in received legal aid the defendant to apply for legal aid institutions, should be referred to the site within twenty-four hours.

The defendant for the following forty-second not entrust a defender, the people's court shall notify the legal aid institutions appoint lawyers to defend the:

(a) the blind, deaf, dumb;

(two) mental patient who has not completely lost the ability to recognize or control his own conduct;

(three) may be sentenced to life imprisonment, the death penalty.

The higher people's Court of review of death penalty cases, if the accused does not entrust a defender, shall inform the legal aid institutions appoint lawyers to defend the.

Forty-third has one of the following circumstances, if the accused does not entrust a defender, the people's court may inform the legal aid institutions appoint lawyers to defend the:

(a) in a case of joint crime, the other defendants have to entrust defenders;

(two) have a significant social impact of the case;

(three) case protested by a people's procuratorate;

(four) the act of the defendant may not constitute a crime;

(five) other circumstances it is necessary to appoint a lawyer to provide defense.

Forty-fourth notice of the people's court appointed lawyers to defend the legal aid institutions, should be legal assistance notice, a copy of the bill of prosecution or judgment to the legal aid institutions; decides to hear a case, except for the summary procedure shall, fifteen days before the hearing the material delivered to the legal aid institutions.

The notice shall state the legal aid case, the name of the defendant, provide grounds for legal aid, the judicial personnel's name and contact way; has decided to hold a trial court, shall state the time, place.

Forty-fifth defendant refused to appoint legal aid institutions lawyer, insist on exercising the right to defend himself, the people's court shall permit.

Shall be to provide legal aid cases, the defendant refused to appoint lawyers for the defence, the people's court shall ascertain the cause. Justification, it shall be allowed, but the defendant should entrust another defender; the accused does not entrust another defender, the people's court shall designate a lawyer at three days written notice of the legal aid institutions provide justification for the.

During the forty-sixth trial, counsel to accept his entrusted, shall be in the Commission within three days from the date of entrustment formalities, will be submitted to the people's court.

The legal aid institutions decided to defend the accused appoint lawyers, lawyers should be accepted within three days from the date of the assignment, legal aid procedures submitted to the people's court.

Forty-seventh defense lawyer may consult, extract, copy the materials. Other defenders, with permission of the people's court, may also consult, extract, copy the materials. The collegial panel, the judicial committee discussion records and other shall not open access, copy, excerpt materials shall not be.

Defender to consult, extract, copy materials in the case, the people's court shall provide convenient, and ensure the necessary time.

Copy files, photos, copies of materials can be used to scan mode.

Forty-eighth defense lawyers can be in custody or defendant under residential surveillance and communication meeting. Other defenders, with permission of the people's court, also can be in custody or defendant under residential surveillance meeting and communication.

Forty-ninth defender believes in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs to prove the defendant not guilty evidence materials were not transferred together with the case, apply to the people's court to obtain, shall be made in written form, and provide the relevant clues or materials. Apply to the people's court shall, after accepting, access to the people's procuratorate. The people's Procuratorate to the relevant evidence, the people's court shall timely notify the defendant.

A lawyer for fiftieth provided to the victims and their close relatives, the victim witness to collect materials related to the case, the people's court considers necessary, shall issue approval book.

Fifty-first defense counsel to the witnesses or the relevant units, personal collection, gathering evidence relevant to the case materials, because the witness or the relevant units, individuals do not agree, apply to the people's court to collect, transfer, or a notice of application of witnesses to testify in court, the people's court considers necessary, shall agree.

Fifty-second lawyer directly apply to the people's court to a witness or the relevant units, personal collection, to gather evidence, the people's court deems it necessary to collect, access, and should not or cannot be collected, the counsel called, should agree. The people's court to collect, to gather evidence, the defense lawyer may present.

Written evidence materials of the people's court for the collection, the units concerned to take, must be provided by the signatures, and affix its seal; documentary evidence material to the personal collection, transfer, must be provided by the signature of the person.

The people's court for evidence about the units, individuals, shall issue a receipt, indicating the name, the evidence material received on time, the number of pages, and whether the original, the clerk or the judicial personnel signature.

To collect, to gather evidence, it shall timely notify the attorney consult, extract, replication, and inform the people's procuratorate.

The fifty-third explained fiftieth to article fifty-second of the prescribed application, shall be made in written form and explain the reasons, clearly, need to collect, to gather evidence of contents or need to investigate the problem.

The defense lawyer's application, the people's court shall make decisions whether or not to grant the approval, in five days, and notify the applicant; decisions are not allowed, do not agree, it shall explain the reason.

Fifty-fourth a people's court within three days from accepting a case of private prosecution, shall, inform the prosecutor and his legal representative, incidental civil litigation parties and their legal representatives, have the right to entrust agents ad litem, and advise if economic difficulties, you can apply for legal aid.

Fifty-fifth party entrusts an agent ad litem, with reference to the provisions applicable law of criminal procedure and the thirty-second to explain the.

Fifty-sixth agents ad litem shall have the right according to the facts and the law, safeguard the victim, private prosecutor or incidental civil litigation rights and other lawful rights and interests.

Fifty-seventh with permission of the people's court, agents ad litem may consult, extract, copy the file material.

The lawyer serves as an agent ad litem, need to collect, obtain evidence relevant to the case materials, the interpretation of the provisions of fifty-first to fifty-third for reference.

Fifty-eighth litigation agent accept party entrusts or assigned legal aid agencies, shall within three days will entrust formalities or legal assistance procedures submitted to the people's court.

Fifty-ninth defender, agent ad litem copy materials in the case, the people's court only charge a fee; legal aid lawyer copying the necessary files material, shall waive or reduce the cost.

Sixtieth defense counsel to the people's court to inform the client or any other person to implement, the crime of endangering national security, public safety and serious endanger the personal safety is, the people's court shall record, the competent authority shall immediately to the treatment, and to reflect the situation of lawyers confidentiality.

The fourth chapter evidence

Section 1 General Provisions

Article sixty-first the facts of the case, must be based on evidence.

Sixty-second judges shall collect in accordance with legal procedures, review, verify, evidence.

Sixty-third evidence without exhibiting, identification, quality certificate, court investigation procedures verified, shall not be taken as a basis, but the provisions of the laws and the interpretation of otherwise.

Sixty-fourth shall use evidence to prove the facts of the case include:

(a) the defendant, the victim's identity;

(two) the alleged crime exists;

(three) the accused crime whether the implementation of the defendant;

(four) the defendant has no criminal responsibility, the implementation of crime motive, purpose;

(five) the implementation of crime of time, place, means, consequences and the case etc.;

(six) effects of the defendant in the common crime of the status;

(seven) the defendant has no heavier, lighter, reduce, exempt from punishment;

(eight) about the supplementary civil action, disposal of property involved in the;

(nine) the relevant jurisdiction, avoidance, deferred trial procedure in fact;

(ten) other facts about the conviction and sentencing.

The defendant is guilty and shall be given a heavier punishment on the defendant, should apply the evidence, proof standard.

Sixty-fifth administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case process, audio-visual materials, electronic data evidence, in criminal proceedings can be used as evidence; the court verified, and collection procedures in accordance with the provisions of relevant laws, administrative regulations, can be taken as a basis.

According to the provisions of the laws, administrative regulations, exercise state administrative authority organization, in the administrative law enforcement and investigation to collect evidence material cases, as evidence of administrative organs collected.

The people's court in accordance with the provisions of article sixty-sixth 191st criminal procedure law investigation to verify the evidence, when necessary, may notify the prosecutor, defendant, private prosecutor and his legal representatives present. The researchers did not show up, shall be recorded.

The people's court investigation to verify the evidence, the discovery of new material evidence has great influence on the conviction and sentencing, it shall inform the prosecutor, defendant, private prosecutor and his legal representatives. When necessary, can also be extracted directly, and promptly notify the prosecutor, the defender, the private prosecutor and his legal representatives to consult, extract, replication.

Article sixty-seventh the following personnel shall not act as the criminal activity witness:

(a) the defect or young physically, mentally, does not have the corresponding ability to discern or cannot properly express themselves;

(two) there is interest in the case, may affect the impartial handling of the case of people;

(three) the exercise of inspection, inspection, search, seizure, Criminal Litigation Authority Police, the judiciary staff or its staff.

Due to objective reasons can not meet the requirements by the personnel as witnesses, shall indicate the situation in the notes, and video for the related activities.

Sixty-eighth open trial, the prosecution, litigation participants proposed involving state secrets, commercial secrets or personal privacy of evidence, the court should stop. Evidence is relevant to the case, according to the specific circumstances, decide to take the case to not be heard in public, or to the relevant evidence in court investigation is not open to the public.

The second section material evidence, documentary evidence and confirmation of the review

Sixty-ninth of the material evidence, documentary evidence shall be mainly examine the following contents:

(a) material evidence, documentary evidence is original, original, whether through identification, identification; evidence photos, videos, copy or copy, copy of documentary evidence is consistent with the original, the original, whether made by more than two people, there is no producer about making process as well as the original, the original store where text and signature;

(two) material evidence, documentary evidence collection procedures, whether in accordance with the law, the relevant provisions; the inquest, inspection, search, seizure of material evidence, documentary evidence extraction, whether with related record, list, record, whether the list by the investigators, the holder of the articles, witness signature, no article holder signature, whether to indicate the reasons the names of the objects;, characteristics, quantity, quality is clearly indicated;

(three) physical evidence, documentary evidence in the collection, preservation, identification process is damaged or change;

(four) material evidence, documentary evidence and the facts of the case are irrelevant; on blood, scene and criminal identification with conditions related to humoral, hair, fingerprints and other biological samples, trace, articles, has been identified as DNA, fingerprint identification, the corresponding biological materials, biological characteristics, geometric and defendant on items or the victim;

(five) associated with the material evidence, documentary evidence and the facts of the case is a comprehensive collection of.

Seventieth according to the evidence shall be the original verdict. The original inconvenient for transportation, is not easy to preserve, shall keep, handled by the relevant departments in accordance with the law, or shall be returned, can shoot, making enough to reflect the original shape and features photos, video, copy.

Evidence photos, videos, copy, can not reflect the shape and characteristics of original, shall not be taken as a basis.

Evidence photos, videos, copy, without error, identified as true or otherwise identified as true check with original, can be taken as a basis.

Seventy-first according to the documentary evidence shall be the original verdict. It is difficult to obtain the original copy, copy, you can use.

Documentary evidence to change or change the signs cannot explain copies of copies, or documentary evidence, cannot reflect the original and its contents, shall not be taken as a basis.

A copy of the documentary evidence, copy, without error, identified as true or otherwise identified as reality checks with the original, can be taken as a basis.

Seventy-second may be associated with the facts of the case of blood, body fluids, hair, body tissue, fingerprints, footprints, handwriting and other biological samples, trace and items, should be extracted without extraction, shall be checked without inspection, leading to the facts of the case in question, the people's court shall explain the situation to the people's Procuratorate, the people's procuratorate according to the supplementary collection, investigation and evidence obtainment or make reasonable explanations.

Seventy-third at the inquest, inspection, search process, material evidence, documentary evidence from seizure, not a book or list, can not prove that the evidence, documentary evidence sources, shall not be taken as a basis.

Material evidence, documentary evidence collection procedures, methods in any of the following defects, the correction or to make a reasonable explanation, can use:

(a) the inquest, inspection, search, extraction of notes or seizure list no investigators, the holder of the articles, signature of witness, or the name of goods, quantity, quality and other characteristics, indicating the unknown;

(two) evidence photos, videos, copy, copy, copy of documentary evidence does not indicate with the original check is, no time to copy, or no was collected, signature, seal;

(three) evidence photos, videos, copy, copy, copy of documentary evidence no producer about where the production process and the original, the original explanation, or description of no signature;

(four) there are other defects.

The material evidence, documentary evidence sources, collection procedure has doubt, can not make a reasonable explanation, the material evidence, documentary evidence shall not be taken as a basis.

And that third day testimony of witness, Victim Statement Review

Article seventy-fourth the testimony of witnesses shall mainly examine the following contents:

(a) the contents of the testimony is the direct perception;

(two) a witness to testify in age, cognitive, memory and the expression ability, physical and mental state whether the witness;

(three) the witness and a party to the case, case processing results with and without interest;

(four) asking the witness whether individually;

(five) for the production, modification is in conformity with the relevant provisions of law, asked, indicate whether the time and place for the first time, when asked whether to inform the witnesses to testify about the rights and obligations of the legal responsibility, the interrogation record check to confirm;

(six) ask the minors, whether to notify the legal representative or the relevant personnel to the scene, the legal representative or the relevant personnel are present;

(seven) the testimony of witnesses have no to violence, threats and other illegal methods to collect;

(eight) between the testimony and other evidence can confirm each other, there is no contradiction.

Seventy-fifth apparently drunk, poisoning or anesthesia state, can not be normal perception or the correct expression of witness testimony, shall not be used as evidence.

The speculation, commentary, inferential testimony, shall not be used as evidence, but according to the general life experience judgment except in accordance with the facts.

The seventy-sixth witness testimony is under any of the following circumstances, shall not be taken as a basis:

(a) witness no individual of;

(two) the written testimony by witnesses did not confirm;

(three) ask the deaf, dumb, deaf, dumb shall provide a gesture and not provided;

(four) ask the local language, the text does not know the witness, an interpreter shall be provided and not provided.

Collection procedures, seventy-seventh witness testimony has the following defects, the correction or to make a reasonable explanation, can use; no correction or to make a reasonable explanation, not as a basis:

(a) inquiry shall not asked, record, name of the legal agent and ask the starting and ending time, place;

(two) ask the site does not comply with the provisions of the;

(three) for the no record inform the witnesses on the right to testify obligations and liabilities of the;

(four) for the show at the same time, the same questions asked different witnesses.

Article Seventy-eighth the court made witness testimony, the prosecution and defense testimony, the court verified, should be taken as a basis.

The witness in court testimony before court testimony to its contradiction, witness to give a reasonable explanation, and relevant evidence, shall be accepted the court hearing; can not make a reasonable explanation, but the court testimony related evidence, can adopt the pretrial testimony.

The notice of the people's court without justified reasons, the witness refused to testify in court or court refused, the authenticity of the testimony can not be confirmed, the testimony of witnesses shall not be taken as a basis.

Article seventy-ninth for the statement of the examination and verification, the relevant provisions of this section are applicable.

And that fourth defendants confession and exculpation review

Article eightieth the defendant confession and defense should be focused on the review of the following contents:

(a) interrogation time, place, the identity of the person, whether the interrogation interrogation mode number and in conformity with the relevant provisions of the law;

(two) production, the interrogation record whether changes in conformity with the relevant provisions of the law, whether or not a specific interrogation, indicate the time and place for the first time, questioned whether to inform the accused rights and legal provisions, whether the defendant confirm;

(three) the interrogation of juvenile defendants, whether to inform the legal agent or the relevant personnel to the scene, the legal representative or the relevant personnel are present;

(four) the defendant's confession not to torture to extract confessions and other illegal methods to collect the case;

(five) whether the defendant's statement consistent, there is no repeated and repeated reason; all confessions and excuse of the accused have been transferred along with the case;

(six) the defendant argued content is consistent with the case and common sense, there is no contradiction;

(seven) the defendant's confession and exculpation and co defendant's confession and exculpation and other evidence can confirm each other, there is no contradiction.

When necessary, can obtain interrogation recording, the defendant import health examination record, record the detention center, and combining audio and video recording, record, review of the content.

Article eighty-first the confession of the defendant is under any of the following circumstances, shall not be taken as a basis:

(a) the interrogation record without the defendant confirm;

(two) the interrogation deaf, dumb people, should provide a deaf, dumb and not provide gesture;

(three) the defendant interrogation does not know the local language, the text, an interpreter shall be provided and not provided.

Eighty-second interrogation record has the following defects, the correction or to make a reasonable explanation, can use; no correction or to make a reasonable explanation, not as a basis:

(a) the interrogation record fill in the interrogation interrogation time, people, record, legal representative is wrong or contradictory;

(two) the interrogation without signature;

(three) the first interrogation no records told stipulated interrogation people related rights and law.

Eighty-third review confession and defence of the accused, should be based on both sides to provide all the evidence and the defendant's confession and exculpation of all.

As the defendant, but cannot explain the cause of the confession or excuse and evidence of the case of contradiction, and the pretrial confession and other evidence to support each other, can adopt the pretrial confession.

The defendant pre-trial confessions and excuse has repeatedly, but the trial confession, and other evidence and support each other, can adopt the courtroom confession; the defendant pre-trial confessions and excuse has repeatedly, the trial is not acknowledged, and no other evidence and pretrial confession confirmation, shall not be adopted the pretrial confession.

And that fifth day review of expert opinion

Article eighty-fourth the authentication opinions shall be mainly examine the following contents:

(a) whether the authentication institutions and identification with the statutory qualification;

(two) identification of human existence should be avoided;

(three) source, materials, storage, inspection made in compliance with the relevant provisions of the law, and the relevant records, extraction, seized items list, written content is consistent, samples is sufficient, reliable;

(four) form elements of expert opinion is whether complete, whether filed identification, identification of the reasons stated principal, identification, identification requirements, identification, identification method, identification of the date and other related content, whether the identification organization with dedicated seal the judicial authentication and signature, stamped with;

(five) the identification procedures are in compliance with the provisions of the relevant laws;

(six) whether the process and method of evaluation in accordance with the relevant professional standard;

(seven) the expert opinion is clear;

(eight) the expert opinion and factum probandum in have no association;

(nine) the expert opinion and investigation, inspection record and related photos or other evidence is contradictory;

(ten) the expert opinion is to inform the relevant personnel, the parties have no objection to the expert opinion.

Article eighty-fifth expert opinion is under any of the following circumstances, shall not be taken as a basis:

(a) identification of institutions have no legal qualifications, or identification of issues beyond the business scope, technical conditions of the appraisal institutions;

(two) identification of the person does not have legal qualifications, do not have the relevant professional and technical or professional titles, or violates the provisions of the avoidance;

(three) the materials submitted, samples of unknown origin, or because of pollution do not have the condition of identification;

(four) identification of objects and materials submitted, samples are not consistent;

(five) identification procedures in violation of the provisions of the;

(six) the identification process and method is not in conformity with the relevant professional standard;

(seven) identification documents missing signature, stamp;

(eight) the expert opinion and cases to permit no related facts;

(nine) other circumstances in violation of the relevant provisions.

Eighty-sixth notified by the court, identification of refusing to testify in court, expert opinion shall not be taken as a basis.

Identification of human due to irresistible causes or for other legitimate reasons can not appear in court, the people's court may decide to adjourn the trial or re identification.

No legitimate reason refuses to appear in court to testify the identification of people, the people's court shall notify the judicial administrative organ or the relevant department.

Eighty-seventh on specific issues in the cases need to be identified, but not the legal institution of judicial authentication, or legal, judicial interpretation of the provisions of the test can be performed, can be assigned, employ specialized knowledge of inspection, the inspection report can be used as the conviction and sentencing reference.

And that the review of the inspection report, the relevant provisions of this section are applicable.

The people's court notice, inspection people refusing to testify in court, the inspection report shall not be as the conviction and sentencing of reference.

And that sixth day inquest, inspection, identification, investigation, record review

Eighty-eighth of the record of investigation, inspection shall mainly examine the following contents:

(a) inspection, to check whether the law, making the records of compliance with the provisions of the relevant laws,, inspection, inspectors and the witness whether the signature or seal;

(two) record of investigation, check whether the records filed an inquest or examination, inspection, examination of the cause, time, location, presence of personnel, the range, the surrounding environment, site articles, personal, body position, characteristics of the situation, as well as the inquest, inspection, search procedure; written records and real or drawing, photo, video is consistent; site, articles, and whether the forgery traces, without damage; personal characteristics, the circumstances of the injury, physiological state without disguise or change;

(three) for inspection and examination, whether the reason again for inspection and examination, and an inquest or examination, and whether the contradiction.

Eighty-ninth inquest, inspection record are not in conformity with the law, the relevant provisions of the state, can not make a reasonable explanation or description, shall not be taken as a basis.

Ninetieth to identify transcripts should focus on the review process, method of identification, and the production of the transcripts to identify whether or not in conformity with the relevant provisions.

The transcripts to identify any of the following circumstances, shall not be taken as a basis:

(a) identification is not in the investigation personnel under the auspices of the;

(two) to identify people meet to identify objects identification before;

(three) identify the activities of no individual;

(four) identify the object does not have mixed in with other objects with similar characteristics, quantity or for identifying the object does not comply with the provisions of the;

(five) identification to recognize obvious hints or clearly identified;

(six) in violation of the relevant provisions of other circumstances, can not determine the transcripts to identify the authenticity of the.

The process, method ninety-first should focus on the review the Investigative Experiment record, and making the records of compliance with the relevant provisions.

The experimental conditions and events of the conditions have obvious difference, or the presence of other circumstances scientific experimental conclusion of Investigative Experiment record, shall not be taken as a basis.

And that seventh day of audio-visual materials, electronic data examination

Article ninety-second for audio-visual materials should be focused on the review of the following contents:

(a) are attached to the extraction process description, the legality of the source;

(two) is the original, there is no copy and copy number; is a copy, if not, obtain the original reason with copies of the production process and the original location of the show, producer, the original audio-visual data holders to sign or seal;

(three) the existence of threat, inducement parties in violation of the law, the relevant provisions of the state in the process of making;

(four) shall include producer, the identity of the holder, time, location, condition and method of making;

(five) content and the production process is true, there is no clip, increase, delete etc.;

(six) content and the facts of the case have no association.

There are questions about audio-visual material, should be identified.

Ninety-third on e-mail, electronic data interchange, online chat, blog, micro blog, mobile phone short message, electronic signature, electronic data domain, we should examine the following contents:

(a) if the original storage medium transfer; in the original storage medium cannot be sealed, inconvenient movement or by the relevant departments, shall be kept in accordance with the law, the return process, extraction, copy the electronic data is carried out by more than two people, is enough to ensure the integrity of electronic data, there is no extraction, where the replication process and medium original store the text and signature;

(two) collection procedures, is in conformity with the laws and the relevant technical specifications; electronic data by investigation, inspection, search, investigation collection, whether it is accompanied by notes, list, and by the investigators, electronic data holders, signature of witness; no Holder Signature, whether to indicate the reasons; electronic data remote access to overseas or in different places the relevant circumstances, indicate whether; on electronic data specification, type, file format. Specify whether or not to know;

(three) electronic data content is true, there is no delete, modify, add situation;

(four) electronic data and facts have no association;

(five) electronic data associated with the facts of the case is a comprehensive collection of.

There are questions about electronic data, should be identified or tested.

One of the following situations with ninety-fourth audio-visual materials, electronic data, shall not be taken as a basis:

(a) after examination and unable to determine the authenticity of;

(two) production, the time, place, method of doubt, cannot provide the necessary certificate or to make a reasonable explanation.

The eighth section of illegal evidence exclusion

Ninety-fifth use corporal punishment or corporal punishment in disguise, or use other defendants in the physical or mental suffering from severe pain or suffering, forcing the defendant breach will confess, shall be determined as fifty-fourth of the criminal procedural law stipulates "torture and other illegal methods".

That may be fifty-fourth of the criminal procedural law stipulates "seriously affected the judicial justice", should be considered for collecting physical evidence, documentary evidence in violation of the statutory procedures and the consequences of the severity of the situation.

Ninety-sixth parties and the defenders and agents ad litem, apply to the people's court to exclude the illegal methods to collect evidence, should provide clues for alleged illegal evidence of personnel, time, location, methods, contents or materials.

Ninety-seventh court to the defendant and his counsel to a copy of the bill of prosecution, shall inform the application of the exclusion of illegal evidence, shall be made prior to the trial, but the court found that except for clues or materials.

Ninety-eighth before the hearing, the parties and the defenders and agents ad litem, apply to the people's court for the exclusion of illegal evidence, the people's court shall copy before the court timely application or application notes and clues, materials to the people's procuratorate.

Ninety-ninth before the hearing, the parties and their counsel, litigation agent for the exclusion of illegally obtained evidence, the people's court after examination, have doubts about the legitimacy of evidence collection shall be in accordance with the provisions of article second, paragraph 182nd of the criminal procedure law called before the court session, on the exclusion of illegal evidence to understand the situation, listen to the views of. The people's procuratorates can produce relevant evidence materials, explained to the legitimacy of evidence collection.

Process 100th court, the parties and their counsel, litigation agent for application of the exclusion of illegal evidence, the court shall review. After review, there is doubt about the legitimacy of the evidence collection, should be investigated; no doubt, should explain the situation and reasons in court, to the court. The parties concerned and the defenders and agents ad litem, again for the same offence for the exclusion of illegal evidence, the court no longer review.

The collected on the legality of the evidence, according to the specific circumstances, can put forward to the exclusion of illegal evidence and its application in the defender, agent ad litem, can also be carried out in the court investigation before the end of.

During a court hearing, the parties and the defender, agent ad litem for exclusion of illegal evidence, the people's court after examination, does not meet the ninety-seventh interpretation of provisions, shall be examined in court investigation before the end, and decide whether the investigation evidence collection of legitimacy.

101st court decided to investigate the legality of evidence collection, by the public prosecutor, read by showing the interrogation record or other evidence, to play the interrogation process of recording, the court drew notice of investigation or other personnel to explain the situation and so on, prove the validity of evidence collection.

Indicating the material the prosecutor submitted forensics process legitimate, shall be approved by the relevant investigators signature, and stamped with official seal. Without the approval of relevant investigators signature, shall not be used as evidence. The above description of materials can not be alone as proof of lawful according to the evidence collection process.

102nd after the trial, confirmed or cannot rule out the existence of fifty-fourth criminal law provisions to collect evidence by illegal methods, exclusion of relevant evidence shall be.

The people's court to investigate the legitimacy of evidence collection, shall inform the public prosecutor, the investigation conclusion of the parties and the defender, agent ad litem.

103rd has one of the following cases, the people's Court of second instance shall examine the legality of evidence collection, and dealt with according to the relevant provisions of the criminal procedure law and the interpretation of the:

(a) the people's Court of first instance to exclude illegal evidence to the parties and the defenders and agents ad litem, the application has not been examined, and as the evidence according to the;

(two) the investigation conclusion of a people's Procuratorate or the defendant, private prosecutor and his legal representatives or the people's Court of first instance to the relevant evidence collection of legitimacy, protest, appeal;

(three) the parties concerned and the defenders and agents ad litem, found clues or materials in the first trial ended, apply to the people's court for the exclusion of illegal evidence.

A comprehensive review of section ninth and application of evidence

Article 104th for the authenticity of the evidence, the case shall be comprehensive review of the evidence.

Proof of evidence, should according to the specific circumstances, to check and judge the degree of connection between the evidence and the facts to be proved, evidence of contact.

There is an intrinsic connection between evidence, common to the same facts to be proved, there is no contradiction can not be excluded and can not explain the question, can be taken as a basis.

105th no direct evidence, but indirect evidence also meets the following conditions, can be found the defendant guilty:

(a) evidence has been verified;

(two) among the evidence proved, there is no contradiction can not be excluded and can not explain the question;

(three) all the evidence, has formed a complete proof system;

(four) according to the case facts sufficient to beyond reasonable doubt, the conclusion is unique;

(five) by using evidence reasoning logic and experience.

106th according to the defendant confession, identify the extraction to conceal evidence, documentary evidence is very strong, and the defendant's confession and other evidence that a crime happened each other, and the exclusion of collusion, torture, Yougong possibility, can found the defendant guilty.

107th take measures of technical investigation evidence collection, the exhibits, identification, quality certificate, court investigation procedure is verified, can be taken as a basis.

The use of the provisions of the preceding paragraph evidence may endanger the personal safety of the staff, or may have other serious consequences, the court shall take not to expose the identity, technology and other relevant personnel protection measures, when necessary, the judges in court to verify.

108th for defendants to investigation organs issued after, captured through the material, shall examine whether the instructions are issued by the material handling, the signature, stamp.

To appear after, captured after or decide whether the defendant is a major suspect in accordance with doubt, it shall require the investigation organs supplement.

Article 109th the following evidence should be used cautiously, with other evidence, can be accepted:

(a) the physical defects, spirit, and expression of the facts of the case of cognitive difficulties, but not lose the correct cognition, expression ability of victims, witnesses and defendants made statements, testimony and confession;

(two) the defendant had relatives or other closely related with the defendant witness's testimony, or the defendant and the conflict of the witness testimony against the defendant.

110th evidential materials defendant surrendered, frankly, crime, not with the defendant, frankly accept, expose, units of the seal, or accept no signature, shall not be taken as a basis.

The defendants and their counsel have surrendered, frankly, criminal facts and reasons, the relevant organ has not identified, or the relevant authorities, the defendant has to surrender, meritorious performance, but not all of the evidence, the people's court shall request the relevant organ to provide evidence, or request relevant personnel to testify, and make a determination other evidence.

111st prove defendant evidence recidivism, drug recidivism, judgment, including the former crime shall release proof material; incomplete materials, shall request the relevant organ to provide.

To achieve the corresponding legal responsibility age is 112nd review the implementation of the accused crime or trial, should be based on the household registration certificate, documents, registration card, the census registration, non interested testimony and other evidence judging the birth certificate.

To prove the defendant has over fourteen years of age, sixteen years of age, eighteen years of age or less than seventy-five years, the evidence is not sufficient, and the defendant shall be under the age of fourteen, less than sixteen years, under eighteen years of age or over seventy-five years of age.

The fifth chapter compulsory measures

113rd people's court cases, depending on the circumstances, may decide to summon, bail, residential surveillance or arrest the defendant.

The defendant, revoke or change to take compulsory measures, shall be decided by the court president.

114th summons the defendant refuses to appear in court to legally, or according to the circumstances of the case is the defendant need to summon, may summon.

Summon the defendant shall be issued by the Dean, coercive summons, performed by the judicial police, enforcement personnel shall not be less than two.

Summon the defendant, shall show the coercive summons. Resist the defendant subpoena, can use the ring.

115th summon the defendant, continuous time shall not exceed twelve hours; the case particularly heavy, complicated, need to take the measure of arrest, the duration of not more than twenty-four hours. Not to continuous summons into custody in disguised forms the defendant. His successor shall guarantee the diet and the necessary rest time.

116th defendant has sixty-fifth criminal procedure law, the provisions of the first paragraph of the circumstances, the people's court may decide to release on bail.

The defendant decided to bail, shall be ordered to provide a guarantor or pay money, may also use the guarantor guarantees and deposit guarantee.

117th following the defendant decided to bail, can be ordered to put one to two guarantee:

(a) to pay margin;

(two) minor or the full seventy-five years of age;

(three) the other defendants not deposits.

Article 118th the people's court shall review ensure compliance with the statutory conditions. In line with the conditions, shall notify the obligatory, and the issue of guarantee.

119th decides to bail the defendants by deposit guarantee, the specific amount shall be in accordance with the law of criminal procedure seventieth the provisions of paragraph 1 to determine the margin, and ordered the defendant or provide security for their individual units, the deposit will be deposited in a special account of a designated bank of public security organs.

120th court announced to the accused bail after the decision, the bail should be decided to books and other relevant materials to the local public security organ at the same level of execution; the defendant does not reside locally, to the residence of the public security organ to perform.

The use of security assurance for the accused, should be in the verification of security has been deposited in a special account public security organs in the designated banks, the receipts issued by the bank to be submitted to the public security organ.

121st defendant is the release on bail, ensure that people do not want to continue to fulfill the warranty obligations or lose their ability to guarantee obligations, the people's court shall, after receiving the written notice of three days after the application of a person or a public security organ, shall be ordered to the defendant to the guarantor or pay money, or alteration of the compulsory measures, and notify the the public security organs.

122nd stipulated according to the facts and law case, that the defendant has constituted a crime of escape and hide in the release on bail, if the system guarantee to assist the defendant abscond, or guarantee that the defendant hiding place but declined to provide to the judicial organ, the guarantor shall be investigated for criminal responsibility according to law.

Article 123rd the people's court found that the use margin guarantee is a guarantor pending trial violates the sixty-ninth law of criminal procedure in the first paragraph, second paragraph, shall submit a written opinion the confiscation of part or all of margin, together with the processing related materials to be submitted to the public security organs are responsible for the implementation of the.

The people's court received written notice to public security organs have been confiscated margin or alteration of the compulsory measures, should circumstances, within five days to the defendant a statement of repentance, to pay deposits or provide a guarantor, or alteration of the compulsory measures, and notify the public security organ.

The people's court decision defendant to be confiscated margin to bail, bail period of continuous calculation.

Article 124th the defendant under bail the judgment becomes effective, shall cancel the bail, return the deposit, if the metal in their personal property, the people's court may notify in writing the public security organs will deposit transferred to the people's court, in order to compensate victims back, perform incidental civil compensation obligation or execution of property punishment, the remaining part should be returned to the defendant.

Article 125th of the criminal procedure law with seventy-second in the first paragraph, the provisions of the second paragraph of the defendant, the people's court may decide to residential surveillance.

The decision of the people's court to the defendant residential surveillance shall verify its place;, no fixed residence, shall assign residence.

126th court announced to the defendant to residential surveillance decision, should be under surveillance and other relevant materials to the defendant's or designated place the location of the public security organ at the same level implementation.

The specified home residential surveillance, the people's court shall, within twenty-four hours, will monitor and place to live notice their families; did not notice, shall be recorded.

127th people's Procuratorate, public security organs have been released on bail pending trial, the criminal suspect to residential surveillance, case sued to court, need to continue to release on bail, residential surveillance or alteration of the compulsory measures, the people's court shall make a decision within seven days, and notify the people's Procuratorate, the public security organ.

Decided to bail, residential surveillance, should be re processing, time to calculate; continue to use the deposit guarantee, no longer collect margin.

The people's court shall not repeat the defendant to bail, residential surveillance measures.

Article 128th of the criminal procedure law with seventy-ninth in the first paragraph, the provisions of the second paragraph of the defendant, the people's court shall decide arrest.

129th bail defendant under any of the following circumstances, the people's court shall decide arrest:

(a) the implementation of the new criminal intention;

(two) Dutch act, in an attempt to escape;

(three) destroy or forge evidence, witnesses or collusion of interference;

(four) the reporter, complainant take revenge, the implementation of the;

(five) after the subpoena, does not appear without a valid reason, affect the normal activity of the trial;

(six) to change the contact way or place of residence, unable to summon, affect the normal activity of the trial;

(seven) without approval, unauthorized leave live in city, county, affect the normal judicial activities, or two times without approval, unauthorized leave live in city, county;

(eight) into the special places, and the specific staff meeting or communication, to engage in certain activities in violation of the provisions of the judicial activities, normal, or two times in violation of the relevant provisions;

(nine) other circumstances decided to arrest shall be.

130th defendant under residential surveillance has one of the following cases, the people's court shall decide arrest:

(a) of the first paragraph of the preceding article to the provisions of the fifth circumstances;

(two) without approval, without the implementation of residential surveillance place, affect the normal judicial activities, or two times without approval, without the implementation of surveillance of residence district;

(three) without approval, arbitrarily with communication or others, affect the normal judicial activities, or two times without approval, arbitrarily with communication or others;

(four) the self-care suffering from serious illness, life can not, or due to pregnancy, breast-feeding their babies not arrest the defendant, disease or lactation is full;

(five) other circumstances decided to arrest shall be.

131st court made the decision of arrest shall be the decision of arrest, books and other relevant materials to the public security organ at the same level, and the arrest decision book sent to the people's procuratorate. The arrest of the defendant, the people's court shall will cause and detain arrested the premises, the family in twenty-four hours to inform; did not notice, shall be recorded.

The 132nd people's court decides to arrest, interrogation shall be in twenty-four hours after arrest. That should not be arrested, should be compulsory measures change or immediate release.

The 133rd arrested one of the following circumstances, the people's court may change coercive measures:

(a) with a serious disease, the life cannot provide for oneself;

(two) pregnant or breast-feeding their babies;

(three) the only supporter, life can not take care of the people.

134th of first instance in the people's court decision defendant not guilty, he shall not bear criminal responsibility or exempted from criminal punishment, the defendant in custody shall be released immediately after the verdict.

The defendants were arrested with one of the following cases, the people's court shall change the compulsory measures or to be released:

(a) the people's Court of First Instance sentenced to control, probation, a separate application of additional punishment, decision has no legal validity;

(two) the defendant in custody of time has been to the people's Court of First Instance sentenced to prison terms of;

(three) cases cannot be concluded within the time limit prescribed by law.

135th by decision of a people's court change coercive measures or the release of a defendant, should immediately change coercive measures decision or release notice to the public security organ to implement.

The 136th to the people's court decision of arrest, the people's Procuratorate recommendations release or alteration of the compulsory measures, the people's court shall within ten days after the receipt of the proposal will notify the people's procuratorate.

137th defendant or his legal representative, close relative or lawyer to apply for change of coercive measures, it shall explain the reason. The people's court after receipt of the application, it shall make a decision within three days. Agree to the change of coercive measures, should be handled in accordance with the provisions of this interpretation; do not agree, it shall inform the applicant, and explain the reasons.

The sixth chapter of incidental civil action

138th victim's personal rights by criminal violations or property damage by criminals has suffered material losses, have the right to file an incidental civil action in criminal proceedings; the victim's death or incapacity, his legal representative, close relatives shall have the right to file an incidental civil action.

Because of the crime of infringing, file an incidental civil action or take a mental compensation requirements of civil proceedings, the people's court shall not accept.

139th defendant illegal possession, dispose of the property, shall be recovered or ordered to return. The victim to file an incidental civil action, the people's court shall not accept the. Recovered, restitution, can be considered as the plot.

140th functionaries of state organs in exercising their functions and powers, infringe the personal, property rights constitute a crime, the victim or his legal representative, close relative to file an incidental civil action, the people's court shall not accept the application, it shall inform the to apply for state compensation.

Article 141st the people's courts handle criminal cases after , conforms to the law of criminal procedure and the ninety-ninth to explain the 138th prescribed in the first paragraph, can inform the victims or their legal representatives, near relatives shall 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.

142nd 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.

The people's Procuratorate files the supplementary civil action, shall be listed as the plaintiff of the supplementary civil action.

The accused of illegal possession, disposal of state property, collective property, shall be dealt with in accordance with article 139th of this interpretation.

Article 143rd incidental civil action shall bear the liability for compensation of the people including:

(a) the other joint infringement of criminal defendants and not to be investigated for criminal responsibility;

(two) the defendant's guardian;

(three) the death penalty criminals inheritance;

(four) in a case of joint crime, the defendant the conclusion of the case before the death of the inheritance;

(five) the material loss shall be in accordance with other units and individuals shall bear the liability for compensation.

Defendant or voluntary for compensation, shall be permitted to.

144th victim or its legal representative, close relative only part of the common people to file an incidental civil action, the people's court shall inform the other party of the common, including not be held criminally responsible co infringer, together to file an incidental civil action, but in a case of joint crime accomplice escaped except.

The victim or his legal representative, close relatives of the other joint infringement of people give up litigation rights, the people's court shall inform the corresponding legal consequence, and explained in the judgments of the waiver of claims.

Article 145th incidental civil action is:

(a) the prosecution in accordance with the statutory conditions;

(two) the defendants have clear;

(three) the specific requirements of a claim for compensation and the facts, reasons;

(four) belonging to the people's court accepts the range of supplementary civil action.

146th common crime, accomplice escaped, should not be listed as the defendant. To escape the accomplice in custody, the victim or its legal representative, close relatives may file an incidental civil action on it, but from other common criminals get full compensation except.

Article 147th incidental civil action shall be filed in the criminal cases timely filed.

Incidental civil litigation shall submit the supplementary civil indictment.

During the 148th investigation, review and prosecution, have the right to file an incidental civil action man claims, mediation by the people's Procuratorate, public security organ, the parties have reached an agreement and perform all the victim or his legal representative, close relatives, and lift the incidental civil action, the people's court shall not accept the case, but there is evidence to prove that the mediation violation of the voluntary, other than legal principles.

149th victim or its legal representative, close relative to file an incidental civil action, the people's court shall decide within seven days on whether to put on record. In accordance with the criminal procedure law and the relevant provisions of article ninety-ninth of this interpretation, should be dealt with; do not meet, ruled inadmissible.

150th incidental civil action after the people's court shall, within five days will be incidental civil indictment copy to the defendant or his legal representative, or will notify the defendant and his legal agent of oral complaint content, and making a record.

The people's court civil indictment copy, shall, according to the criminal trial period, the defendant and his legal representatives Incidental Civil Pleadings submitted to the time.

Incidental civil litigation 151st parties to submit their ideas, have the responsibility to provide evidence.

Article 152nd a people's Court of may be due to the defendant's acts or other reasons, the incidental civil judgment is difficult to carry out the case, according to the plaintiff of the supplementary civil action application, can be ruled the preservation measures, the seizure, seizure or freezing the property of the defendant; plaintiff of the supplementary civil action did not apply, when necessary, the people's the court may also take security measures.

Have the right to file an incidental civil action because of the urgency of the situation, do not immediately apply for the preservation of its lawful rights and interests will suffer irreparable damage, may file an incidental civil action to be preserved before, the place where the property is located, the respondent of residence or the people's courts that have jurisdiction over the case for the preservation measures. Applicants with in the people's courts handle criminal cases after fifteen days without instituting civil proceedings, the people's court shall cancel the preservation measures.

The people's courts to take preventive measures, the relevant provisions of the civil procedure law is 100th to 105th, except for the provisions of the civil procedure law 101st section third.

Article 153rd the people's courts incidental civil lawsuit, mediation may be conducted on a voluntary, legal principles. If an agreement is reached through mediation, conciliation statement shall be made. Mediation by the parties shall sign, which have the force of law.

The mediation agreement and instant performed, can not make a mediation record, but the written record shall be made by the parties, the signature, the judges, the clerk or sealed the law.

154th if no agreement is reached through conciliation or mediation before signing receipt of Party estoppel, incidental civil action shall be decided together with the criminal litigation.

155th ruled on the incidental civil action, should be based on criminal behavior caused by loss of material, combined with the specific circumstances of the case, the defendant shall determine the amount of compensation.

Crime victims caused personal injury, shall pay the medical fees, nursing fees, transportation fees and other reasonable expenses for treatment and rehabilitation of payment, as well as the lost wages. If the victim is disabled, should also be compensation for disability AIDS fees; causing death to the victim, should also be compensation for funeral expenses.

The casualties caused by driving a motor vehicle or cause heavy losses to public or private property, which constitutes a crime, to determine the compensation responsibility in accordance with the "Regulations of the people's Republic of China Road Traffic Safety Law" article seventy-sixth.

Incidental civil litigation parties to reach a mediation, reconciliation agreement on civil compensation, scope of compensation, the amount is not subject to the provisions of the second paragraph, third paragraph limit.

156th people's Procuratorate files the supplementary civil action, the people's court, that the defendant shall bear the liability for compensation according to law, shall be ordered to make compensation for the defendant directly to the losses suffered by the unit by unit; loss of damage has been terminated, have the rights and obligations of successors, shall order them to the successor to the rights and obligations of compensation; no successor, the people's Procuratorate shall order them to pay compensation, the people's Procuratorate turned over to the state treasury.

157th trial of civil suit collateral to criminal proceedings, the people's court shall combine the defendant compensation for the victim's material loss recognized their repentance, and to be considered in the measurement of penalty.

158th plaintiff of the supplementary civil action after the subpoena, refuses to appear in court, or midway without permission by the court adjourned, shall be considered as withdrawn.

Outside the criminal defendants defendants of incidental civil lawsuit by summons, refuses to appear in court without proper reason, or midway without permission by the court adjourned, incidental civil part may make a judgment by default.

159th incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action; organizational justice one really can not continue to participate in the trial, can be replaced.

160th court prosecution case the defendant's conduct did not constitute a crime, to have an incidental civil action, reach an agreement after mediation can not, shall make criminal incidental civil judgment.

The people's court, the people's Procuratorate of public prosecution to withdraw the prosecution, to have an incidental civil lawsuit, mediation may be conducted; not mediation or the mediation can not reach an agreement, it shall reject it, and inform the plaintiff of the supplementary civil action can be a civil lawsuit.

161st first trial period did not file an incidental civil lawsuit, filed in the second period, the people's Court of second instance may conduct mediation in accordance with the law; if the mediation fails, the parties may inform the criminal judgment, ruling after the entry into force shall file a civil lawsuit.

Article 162nd the people's Court of the incidental civil lawsuit, not charge litigation fees.

163rd incidental civil lawsuit in the people's court, in addition to the criminal law, criminal procedure law and the judicial interpretation of criminal law has prescribed, apply the relevant provisions of civil law.

164th victim or its legal representative, close relatives in criminal proceedings did not file an incidental civil lawsuit, civil lawsuit shall be separately, the people's court may conduct mediation, or make a judgment on the basis of material loss.

The seventh chapter, served, during the trial period

165th in months period, from this day on the same day for a month to month. Deadline date for the end of this month and next month, day, the last day of a month. Next month on the same day does not exist, since this month and next month, the last day of a month. Half a month will be calculated according to fifteen days.

Article 166th the parties due to irresistible causes or for other legitimate reasons and time limit, apply to proceedings that should have been completed prior to the expiration of the period, the people's court shall be verified, ruled to permit.

167th litigation documents, shall be made by the recipient. The recipient is not in, can be made by an adult member of his family or unit is responsible for collection personnel collection.

Consignee or agent in the receipt of service shall be the date of receipt date.

The recipient or behalf refuses to sign, the litigant may invite the witnesses to the scene, explain the situation, stating the reasons and date of rejection in the receipt, sealed by the sending Master, witness the signature or, the litigation documents in recipient, agent place or position; also the litigation documents in the recipient accommodation, and the use of pictures, video recording service process, the service shall be deemed completed.

168th direct service is the litigant documents may be entrusted by the people's court, the recipient site for service, or by mail.

169th commissioned service, authorization letter, should be entrusted to the judicial documents and the receipt to the entrusted court. The entrusted court after receipt of registration, shall, within ten days of delivery to the recipient, and will send the receipt by the court; undeliverable, it shall notify the entrusting court, and the litigation documents and the receipt of returned.

170th mail, shall be the litigation documents, the receipt of registered mail to the recipient. Registration date marked on the receipt of service shall be the date of service.

171st litigation documents recipients is a serviceman, can through the Political Department of the army units at or above the regimental level care.

The recipient is serving his sentence, the executing organ to.

The recipient is compulsory education measures to be taken, through the mandatory education institutions to.

By the relevant departments, units to be forwarded the documents, it shall refer to the relevant departments, units received immediately after the delivery to sign, and the receipt of service and timely sent to the people's court.

172nd designated jurisdiction trial period, after the people's court appointed under the jurisdiction of the received designated jurisdiction decision and related files, evidence material date.

173rd apply to a people's court for approval to extend the trial period, shall within fifteen days before the expiration report. The people's court has the right to decide not to extend, should be five days prior to the expiration of the period of hearing decision.

Because of the special situation for the approval of the Supreme People's court to extend the trial period, the Supreme People's court after examination, if the application is approved, can extend the trial period of one to three months. At the expiration of the term of cases still not accepted, can apply again.

During the 174th trial, as a psychiatric evaluation of the defendant shall not be included in the trial period of time.

The eighth chapter trial organization

175th judge held by judge. 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.

176th hearing and deliberating cases, shall be carried out by a collegial panel. The members of the collegial panel to review cases, should be independent opinion and explain the reasons. Differences of opinion, should according to the majority decision, but a few opinions shall be recorded in writing. The records of the deliberations by the members of the collegial panel to review the confirmation signature. Review shall be confidential.

177th judges shall be the sole judge, and the judge to exercise the same powers.

Article 178th the collegiate bench trial, the Council, shall promptly make a judgment, ruling.

Sentence to death penalty cases, case protested by a people's Procuratorate, the collegial panel shall invite the president decided to refer it to the judicial committee for discussion and decision.

The members of the collegial panel opinion there are major differences case, new types of cases, the social impact of major cases and other difficult, complex, serious cases, 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.

The people's jury may require a collegial panel will decide whether to submit the case to the president of the judicial committee for discussion and decision.

To invite the president decided to submit the judicial committee for discussion and decision case, Dean think unnecessary, may suggest a collegial panel a review.

The sole judge of the case, the judge deems it necessary, may also invite the president decided to refer it to the judicial committee for discussion and decision.

179th decision of the judicial committee, the collegial panel, the single judge shall perform; have different views, can suggest the president submitted to the judicial committee for reconsideration.

The ninth chapter of public prosecution cases of ordinary procedure of first instance

The first section examination preparation and before the court

180th of public prosecution, the people's court shall receive the indictment (eight copies, every increase a defendant, increase the five) and record, evidence, specify the judges examine the following contents:

(a) whether to belong to the jurisdiction;

(two) the indictment shall include the defendant's identity, whether to have or are subject to criminal penalties, species, was forced to take measures of the place of detention, the crime of time, place, and other means, the consequences may affect the conviction and sentencing plot;

(three) if the evidence material to the criminal facts, including the approval decided to adopt the measures of technical investigation and collection of evidence materials;

(four) whether the attachment, seizure, freezing the defendant illegal income or other property involved, and attach the relevant evidence materials shall be in accordance with the property;

(five) if the victim's name list, address, contact method; whether a witness, expert list; whether to apply for a court to inform the witnesses, authenticators, specialized knowledge appearing in court, stating the officer's name, gender, age, occupation, address, contact information; whether it is accompanied by the need to protect the witness identification of the person, the victim list;

(six) the party has entrusted a defender, agent ad litem, or have received legal aid, whether to list the defenders and agents ad litem, name, address, contact method;

(seven) whether to file an incidental civil action; to file an incidental civil action, whether listed party in an incidental civil action name, address, contact way, whether it is accompanied by the relevant evidential materials;

(eight) the investigation, prosecution procedures of the various legal procedures and the litigation documents are complete;

(nine) there is no fifteenth criminal law article second to sixth shall not be investigated for criminal responsibility.

181st court case review of prosecution, shall handle it according to the following circumstances:

(a) to handle a case, a people's Procuratorate shall be returned, and told the victim has the right to bring a private prosecution;

(two) does not fall under its jurisdiction or the defendant is not registered, shall be returned to the people's procuratorate;

(three) do not conform to one of the preceding article second to eighth provisions, the need for additional materials, shall notify the people's Procuratorate to send up to three days;

(four) in accordance with the law of criminal procedure 195th provisions of the third declaration the innocence of the defendant, the people's procuratorate according to new facts, evidence to prosecute, shall be accepted by the;

(five) according to the interpretation of the provisions of article 242nd order granting withdrawal cases, no facts, evidence of new, re prosecution, shall be returned to the people's procuratorate;

(six) consistent with the fifteenth law of criminal procedure in the second to sixth regulations, shall decide to terminate the hearing or returned to the people's procuratorate;

(seven) the defendant's true identity is unknown, but in accordance with the provisions of the second paragraph 158th of the criminal procedure law, it shall be accepted according to law.

In a case of public prosecution whether or not to accept the application, the examination shall be completed within seven days.

182nd before a court session, the people's court shall proceed with the following work:

(a) determine the presiding judge and the members of the collegial panel;

(two) ten days before the hearing of the duplicate copy of the indictment to the defendant, the defender;

(three) to notify the parties, legal representative, the defenders and agents ad litem, five days before the hearing of witnesses, Jian Dingren provides a list, as well as quasi court evidence; for the witnesses and expert witnesses, with specialized knowledge appearing in court, should specify the name, gender, age of personnel, occupation, address, contact method;

(four) three days before the hearing hearing notice at the time, the people's procuratorate;

(five) three days before the hearing of the summons will summon the parties concerned and inform the defender, agent ad litem, legal representative, witnesses, appraisers to appear in court notice; notification to the relevant personnel to appear in court, can also take the phone, SMS, fax, email to confirm receipt of transmission;

(six) public hearing of the case, three days before the hearing, announced the name of the accused, time and location of the court session.

The work shall be recorded.

183rd cases with one of the following circumstances, judges can be called before the court session:

(a) the parties and their counsel, litigation agent for application of the exclusion of illegal evidence;

(two) the evidence, the case more complex;

(three) great social impact;

(four) other cases before the court of meeting the need for.

A meeting before the court, according to the circumstances of the case, the defendant may be notified to attend.

184th meeting before the court, the judges can understand the situation of the parties to the following questions, listen to the views of:

(a) if there is objection to jurisdiction;

(two) whether to apply for the relevant personnel to avoid;

(three) whether to apply for obtaining in the investigation, review and prosecution, the people's Procuratorate collected during the public security organs but not with the case that the defendant not guilty evidence;

(four) whether to provide new evidence;

(five) there is objection is to the witness, expert witness, expert knowledge of the names of the people;

(six) whether to apply for the exclusion of illegal evidence;

(seven) if the application was not a public hearing;

(eight) other problems associated with trials.

The judges may ask the parties have no objection to the evidence material, object to the evidence, shall investigate and focus in the trial; without objection, the trial testimony, can simplify.

The victim or his legal representative, close relative to file an incidental civil action, can mediate.

Written records shall be made for the meeting before the court.

185th before the hearing, the collegial panel can be court outline, outline generally include the following contents:

(a) the members of the collegial panel in the trial division;

(two) the indictment of the facts of the crime accused and determine the nature of the case key points;

(three) the main points to interrogate the defendant;

(four) witnesses, appraisers, men with specialized knowledge, investigation personnel list;

(five) the parties apply for court evidence directory;

(six) the problem may appear in the trial and the countermeasures.

The 186th trial of cases shall be open to the public.

Cases involving state secrets or personal privacy, not a public hearing; involving commercial secrets, the parties to apply, the court may decide not to public trial.

Do not open cases, no person shall be open to the public, except as otherwise stipulated by law.

Drunk 187th mental patient, who, without the approval of the people's Court of minors and other unfavorable spectators may sit in on case.

188th victim, litigation agent by summons or notice of default, does not affect the trial, the people's court may trial.

The defenders by notice to not appear in court, the defendant agreed upon, the people's court may hold a hearing, unless the defendant shall be to provide legal aid cases.

Article 189th before the hearing, the court clerk shall order the following work:

(a) by the presiding judge delegate, identify the prosecutor, parties, witnesses and other participants in the proceedings are present;

(two) read the court rules;

(three) please the public prosecutor and the related lawsuit participates in a person into court;

(four) please judge, judge (the jury) into court;

(five) the judicial officers were seated, the preparatory work before a court of justice report ready.

The second section announced the court and the court investigation

Article 190th 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 the defendant unit residence, litigation representative of the name, title;

(two) is a legal sanction and punishment type, time;

(three) is to take coercive measures and compulsory measures, time variety;

(four) received a copy of the bill of prosecution date; have the incidental civil action with incidental civil lawsuit, the date of receipt of defendants.

The defendant more, can find out the case before the court, but the court presiding judge shall make explanations.

The prosecution sources, 191st presiding judge case case, party in an incidental civil action name and whether or not a public hearing; not a public hearing, it shall announce the reason.

192nd judge announced the members of the collegial panel, the court clerk, the public prosecutor and defender, Jian Dingren list, translators lawsuit participates in a person's list.

193rd the presiding judge shall inform the parties and their legal representatives, the defenders and agents ad litem, 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, witnesses, take notice of application of new evidence, to apply for re identification or inspection, inspection;

(three) the defendant can defend oneself;

(four) the defendant may be the last statement in court debate end.

194th the presiding judge shall ask the parties and their legal representatives, the defenders and agents ad litem, if apply for withdrawal, for whom the avoidance and grounds for a challenge.

The parties and their legal representatives, the defenders and agents ad litem, application for withdrawal, disposal in accordance with the relevant provisions of the criminal procedure law and the interpretation of the.

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.

195th judge announced that the investigation after the start, should the prosecutor read the indictment; have the incidental civil action, the plaintiff of the supplementary civil action or his legal representative, agent ad litem read with the civil complaint.

The 196th indictment alleged crimes is more than two, the court shall generally be respectively.

In 197th judge auspices, the defendant, victim can indictment alleged crimes were statement.

In 198th judge auspices, the public prosecutor may indictment alleged crime that interrogate the defendant.

The judge allowed, the victims and their legal representatives, agents ad litem may have public prosecutor interrogating criminal facts supplementary questions; plaintiff of the supplementary civil action and the legal agent, the agents ad litem may have incidental civil part of the facts to question the defendant; the legal representative of the defendant, the defenders, defendant or his legal representative, the agents ad litem may in the prosecution was completed after the interrogation of a problem put questions to the defendant.

199th interrogation co defendants should be tried, respectively. When necessary, can summon co defendant until the tribunal.

Article 200th the presiding judge permitted, both parties to the victim, plaintiffs of the supplementary civil action.

201st judges may interrogate the defendant. When necessary, can be to the victim, incidental civil litigants ask.

202nd prosecutor may request the judge to inform the witnesses, testimony, or produce evidence. The victim and his legal representatives, agents ad litem, plaintiffs of the supplementary civil action and the agents ad litem may also apply.

In the prosecution evidence, the defendant and his legal representatives, the defender may request the judge to inform the witnesses, testimony, or produce evidence.

Article 203rd the parties apply for witnesses, showing the evidence, shall state the name, origin and evidence to prove the facts. The court considers necessary, shall be allowed; the other objection, that the evidence was irrelevant to the case or repeated, not necessary, the court review by the objection, may not be permitted.

204th have been transferred to the people's court evidence, both sides need to show, can apply to the court. The court agreed, shall command value court bailiff show, broadcast; need to read, by the court bailiff to read values by the applicant.

205th prosecutors, the parties concerned or the defenders and agents ad litem, the testimony of witnesses have objections, and the testimony of witnesses have significant effect on the conviction and sentencing, or has any objection to the expert opinion, filed for court to inform the witnesses, expert witnesses in court, the people's court considers necessary, shall notify the witness, the appraiser cannot notice; or witnesses, authenticators refused to appear in court, it shall timely notify the applicant.

206th witness is under any of the following circumstances, not to testify in court, the people's court may grant her not to appear in court:

(a) in the trial period suffering from serious illness or action extremely inconvenient;

(two) home away from the place of the court session and the traffic is very inconvenient;

(three) in the foreign short-term cannot return;

(four) there are other objective reasons, did not appear in court.

Has the circumstances as prescribed in the preceding paragraph, can by video, testify.

To testify the expenses of the transportation, accommodation, meals and other expenses 207th witness to appear in court, the people's court shall grant.

Article 208th the compulsory attendance of witnesses, shall be signed by the president of the court to compel witness to appear in court to.

209th trial crimes of endangering national security, terrorism, organized crimes of the underworld crime, drugs, the witnesses and expert witnesses, victims when testifying in court, he himself or his close relatives of personal safety risk, the people's court shall take not to open its true name, address and work units and individuals information, or not to expose the appearance, voice and other protective measures.

During the trial, witnesses, appraisers, the proposed protection request, the people's court shall immediately review; deems it necessary for the protection of the decision, shall timely take corresponding measures to protect the.

210th decided to take protective measures not to disclose personal information right of witnesses to testify in court, the expert, the victim, the judges shall verify their identity before the court, to witness to testify truthfully, identification of the guarantee shall not be disclosed, in the judgments, rulings and other legal documents can be used instead of the personal name information.

211st witnesses, authenticators to appear in court, the judges shall verify the identity, and the parties and the relationship, and inform the relevant rights and obligations and legal responsibilities.

A witness, expert witness before the court, should ensure that truthful testimony, expert opinion, and on the signature.

212nd to witness, identification of people ask, should first drew notice Party; ask questions after the presiding judge each other, permit, also can ask questions.

213rd questions to witnesses shall comply with the following rules:

(a) ask the content should be with the facts of the case concerned;

(two) not to induce differently;

(three) not intimidate the witness;

(four) the personality dignity shall not damage the witness.

The provisions of the preceding paragraph applies to the defendant, the victim, civil litigants, identification, have specialized knowledge of questioning, questioning.

Article 214th the parties interrogation, the way of question improper or content is irrelevant to the case, the other party may challenge, for the presiding judge to stop, the presiding judge shall identify the situation to support or reject; the other did not raise any objections, the presiding judge can also according to the circumstances to stop.

215th considers necessary, may question the witnesses, authenticators, men with specialized knowledge.

216th to witnesses, expert witnesses, with specialized knowledge questions shall be separately. The witnesses and expert witnesses, have specialized knowledge of the parties or the judges asked questions, the presiding judge shall inform the retired.

The witnesses and expert witnesses, expert knowledge of man shall not sit in on the trial of the case.

217th prosecution, the parties and their defenders and agents ad litem, apply to the court for notification of a specialized knowledge appearing in court, puts forward the suggestion of expert opinion, the reasons shall be explained. The court considers necessary, shall notify the specialized knowledge appearing in court.

Apply specialized knowledge appearing in court, shall not exceed two. There are many kinds of expert opinion, can increase the number of.

With specialized knowledge appearing in court, the relevant provisions of the applicable appraiser.

218th proof party exhibits the evidence, from each other for identification and comments. Both sides can be questioned, debate.

219th court evidence, has not yet been transferred to the people's court shall be handed over to the court, in the cross examination.

220th court has doubts about the evidence, can inform the public prosecutor, the parties and their legal representatives, the defenders and agents ad litem, supplementary evidence or explanation; when necessary, it may announce an adjournment, carry out investigation to verify the evidence.

Made to the public prosecutor, the parties and their legal representatives, the defenders and agents ad litem, supplement and court court investigation to verify the evidence, shall be subject to cross examination can be used as a basis. However, the out of court to seek the views of both sides have no objection, except.

Relevant information, shall be recorded.

221st prosecutor for produce not transfer to the people's court for evidence before the court, the defense objection, the presiding judge shall request the public prosecutor to explain the reason; reason was founded and is to produce the necessary, he shall be permitted to.

The defence defense paper prepared for the new evidence, the court may announce an adjournment, and determined to defend the time.

The defense for the show before the court fails to submit the evidence, the provisions of the preceding two paragraphs are applicable.

Process 222nd court, the parties concerned and the defenders and agents ad litem, apply to summon new witnesses, collect new evidence, to apply for re identification or inspection, shall provide the witness's name, location of the evidence, that intends to demonstrate the facts, reasons for re identification or inspection requirements. The court considers necessary, shall agree, and announced the postponement of the hearing; do not agree, it shall explain the reasons and continue the trial.

Deferred trial cases, consistent with the 202nd law of criminal procedure prescribed in the first paragraph, can be submitted to the people's court approval to extend the trial period.

The people's court agreed to re appraisal application, shall timely identification, and will inform the people's Procuratorate of expert opinion, the parties and the defender, agent ad litem.

During the 223rd trial, prosecutors found that cases requires supplementary investigation, suggested that the extension of the trial, the collegial panel shall agree, but suggested that the postponement of the hearing shall not be more than two times.

The people's Procuratorate will complement the collection of evidence to the people's court, the people's court shall notify the defenders and agents ad litem, consult, extract, replication.

Supplementary investigation after the expiration of the time limit, the court notice, the people's Procuratorate fails to transfer the case to the people's court, and does not explain the reason, the people's court may decide according to the people's Procuratorate withdrawing treatment.

Evidence 224th court to the people's Procuratorate obtained requires investigation and verification, or according to the defendant, the defender's application to the people's Procuratorate, obtained in the investigation, prosecution period collected about the defendant not guilty evidence, shall notify the people's Procuratorate received on the obtaining of evidence materials within three days after the handover.

Process 225th court for sentencing, and the relevant facts, evidence, should carry out a survey.

The people's court shall review whether the defendant is in addition to the statutory sentencing plot, should also be based on the circumstances of the case review the following effects of sentencing plot:

(a) the case;

(two) the victim has no fault and fault degree, whether on the intensification of contradictions responsible and responsibility;

(three) the close relatives of defendant is captured the assistance of the defendant;

(four) the defendant ordinary performance, there is no repentance attitude;

(five) return, restitution and compensation;

(six) the defendant is understanding the victims or their close relatives;

(seven) other circumstances of sentencing.

During the 226th collegiate bench trial, found the defendant may have surrendered, frankly, crime legally prescribed circumstances of sentencing, there is no evidence materials and the people's Procuratorate to the files, it shall notify the people's Procuratorate for.

During the trial, the defendant raises new clue, the people's court may suggest that the people's Procuratorate for supplementary investigation.

227th on defendant confession cases, understanding the indictment charges in the confirmation of the defendant's criminal facts and the legal consequences of crime, voluntarily pleaded guilty and have pleaded guilty, the court investigation can focus on sentencing and other contentious issues of.

The defendant not guilty or defendants pleaded not guilty cases, the court investigation shall be based on the identified conviction, to ascertain the facts of sentencing.

The third section the court debate and the final statement

228Th collegial panel that the facts of the case has been investigated, the presiding judge shall court investigation ended, conviction, sentencing to the facts, evidence and the law of the court debate.

Article 229th 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.

230th people's procuratorate can provide sentencing recommendations and the reasons, the sentencing recommendations shall generally have a certain range. The party and the defender, agent ad litem may put forward opinions and explain the reasons of sentencing.

231st on defendant confession cases, the court debate, can lead to both sides mainly focused on sentencing and other contentious issues of.

The defendant not guilty or defender of the case pleaded not guilty, the court debate, can guide the parties to debate the conviction, sentencing questions after debate.

232nd incidental civil part of the debate shall be conducted in the criminal part of the end of the debate, the plaintiff of the supplementary civil action and the agents ad litem to speak, by the defendant and his agent ad litem reply.

233rd court debate, the presiding judge shall fully listen to the views of both sides, on both sides are irrelevant to the case, repeated or accused each other of the speech should be reminded, stop.

234Th court debate, the collegial panel found with conviction, sentencing the new facts, it is necessary to investigate, the presiding judge may suspend resume debate, court investigation, in fact finding new, continue to debate in court.

235th 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. The accused man repeated his views in the final statement, the judge can stop. The statement in contempt of court, the public prosecutor, harm others and social public interests, or irrelevant to the case, shall stop.

In a public hearing of the case, last statement by defendant content involving state secrets, personal privacy or commercial secrets, shall stop.

236th defendant to provide new evidence of fact, in the final statement, the collegial panel that may influence the correct judgment, shall restore the court investigation; the defendant provide justification for new, the collegial panel that may influence the correct judgment, shall restore the court debate.

The fourth day review cases and judgment

The final statement of 237th defendants, the presiding judge shall announce an adjournment, by a collegial panel to review.

All 238th trial, written records shall be made by the clerk; record review after the presiding judge, respectively by the judge and the court clerk signature.

239th the court record shall be submitted by the parties after the trial, legal representative, the defenders and agents ad litem, reading or to read.

The court record of the witnesses, authenticators, have specialized knowledge of testimony, opinion section, shall, after the trial were handed over to the relevant personnel to read or read out to them.

Person mentioned in the preceding two paragraphs that there are omissions or errors in the record, you can request for supplementation or correction; confirmation, shall sign; refused to sign, shall be recorded; requests to change the court stated, shall not be permitted to.

240th collegiate cases, should be based on facts, evidence and the relevant legal provisions have been identified, based on the full consideration of the opinions of both sides, to determine whether the defendant is guilty, constitute what crime, there is no heavier, lighter, mitigated punishment or be exempted from punishment circumstances, be sentenced to criminal punishment, which, incidental to to solve the civil procedure, how to deal with property and its attachment, seizure, freezing of the fruits, and shall make a judgment, ruling.

241st first instance on a case of public prosecution, the people's court shall, according to the following circumstances make a judgment, ruling respectively:

(a) the accused facts are clear, the evidence is, full, according to the law that the defendant convicted, shall make a guilty verdict;

(two) the accused facts are clear, evidence really fully charged, the cognizance of the trial, the charges and charges inconsistent, shall make a guilty verdict according to hearing that;

(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) parts of the case facts are clear, the evidence is reliable and sufficient, shall make a decision on the guilt or innocence; facts unclear, insufficient evidence, 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, was unable to recognize or control his own behavior harm results, are not subject to criminal punishment, shall decide that the defendant shall not bear criminal responsibility;

(eight) the crime has been the limitation period for prosecution and not must be prosecuted by amnesty, or exemption from criminal punishment, shall be ordered to terminate the trial;

(nine) the defendant's death, shall decide to terminate the trial; according to ascertain the facts of the case and evidence, to confirm the innocent, the court shall declare the innocence of the defendant.

With the provisions of the second case, the people's court shall listen to the opinions of both sides before the judgment, the defendant's defense, the full exercise of the right of defense. When necessary, can be re trial, the organization of both sides around the defendant's acts constitute what crime debate.

242nd before a judgment is pronounced, the people's procuratorates demand the withdrawal of prosecution, the people's court shall review the prosecution to withdraw the reason, whether or not to approve the decision made.

During the 243rd trial, the people's court may affect the discovery of new facts, conviction, suggest that the people's Procuratorate for supplementary or change the people's Procuratorate prosecution; don't agree or not reply within seven days, the people's court shall prosecute criminal facts, in accordance with the provisions of article 241st, explain the decision rule.

Article 244th in accordance with the 181st interpretation of the first fourth provisions of the admissibility of the case, the people's court shall in the judgment that the defendant had been people's Procuratorate prosecution, because of a lack of evidence, the crime accused cannot be established by the people's court according to law, judgment of acquittal; before the case in accordance with the law of criminal procedure 195th third the provisions of the decision shall not be revoked.

245th members of a collegial panel shall be signed by the records of the deliberations on the judgment, ruling, signature books and other legal instruments.

246th judgment shall state the judgment basis, explain the reasons, reflect the views of both adopt or not to adopt and explain the reason.

247th court judgment, judgment shall be delivered within five days. Regular declaratory judgment, should be announced in advance before the verdict, sentencing the time and place, to summon the parties and inform the public prosecutor, legal representative, defenders and agents ad litem; after declaration of judgment, shall be immediately delivered the verdict.

The judgment shall be served to the parties, the people's Procuratorate, legal representative, the defender, agent ad litem, and can be served on the defendant's close relatives. After the verdict, should also be served on the defendant or the unit where the original household registration of the local police station, the registration authority or the defendant unit.

248th pronouncement of judgment, will be open to the public. The public prosecutor, the defender, agent ad litem, the victim, private prosecutor or the plaintiff of the supplementary civil action does not appear, do not affect the sentencing of.

Upon pronouncement of a judgment result, staff court shall stand up.

The fifth section court rules and other provisions

Process 249th court, participants in the proceedings, auditors shall abide by the following rules:

(a) to obey the court command, abide by the court etiquette;

(two) no applause, noise, noise, random walk;

(three), the court shall not recording video, photography, or via email, blog, micro blog and other ways to spread the hearing situation, but with permission of the people's court news journalists;

(four) auditors shall be allowed to speak, questioning;

(five) shall carry out other acts of disrupting the order of the court.

Process 250th court, participants in the proceedings or bystander disrupting the order of the court, the presiding judge shall handle it according to the following circumstances:

(a) if the circumstances are relatively minor, we should stop and disciplinary warning;

(two) not to stop, can command was forced out of the courtroom;

(three) if the circumstances are serious, report to the president of the court approval, can on the behavior of detention to a fine of one thousand yuan or fifteen days following;

(four) unauthorized recording, video, photography or by e-mail, blog, micro blog and other ways to spread the hearing situation, can temporarily storage media or related equipment.

Participants in the proceedings, the observers refuses to accept the penalty, the detention decision, it may apply for reconsideration to the people's court at a higher level, can also through the decision made by the people's court fines, detention to the people's court at the next higher level for reconsideration. The people's court decided to apply for reconsideration fines, detention, the people's court shall within three days of receipt of the application, the application for reconsideration, fines or detention decision and the relevant facts, evidence materials submitted a higher people's court review. During the period of reconsideration, does not stop the execution of the decision.

251st as the defenders and agents ad litem, lawyer, seriously disrupting the order of the court, was forced out of the court or be fined, detained, the people's court shall notify the judicial administrative organ, and may also suggest the corresponding penalties according to law.

252nd assembling a crowd to make a stir, or insult, libel, the impact of court threat, beating the judicial officers or participants in the proceedings, seriously disrupting the order of the court, which constitutes a crime, shall be investigated for criminal responsibility according to law.

253rd defenders, seriously disrupting the order of the court, was forced out of the court or be fined, detained, the defendant to defend himself, the trial continued; the defendant asked entrust another defender, or the defendant belongs to shall provide legal aid cases, should be adjourned.

254th defendant court refused to defence requirements, entrust another defender or appoint a lawyer, the collegial panel shall permit. The accused refused to defence, not a defender, shall announce an adjournment; there is still a defender, the trial can proceed.

A number of defendants in the case, part of the defendants refused to defence, not a defender, according to the circumstances of the case, the defendant is dealt with, the other defendants in the trial continued.

The re trial, the defendant in court again refused to defence, permit, but the defendant shall not entrust another defender or designate a lawyer, by its own defense.

The defendant shall be to provide legal aid cases, to reopen again after the court refused to defence, shall not be permitted to.

Process 255th court, counsel for the defendant refused to plead, permission shall be given; whether to continue the trial, refer to the stipulations in the preceding article.

256th according to the provisions of the preceding two entrust another defender or appoint a lawyer, since the case adjourned date until fifteenth day, defense prepared by the defenders, but the defendant and his counsel will shorten the time except.

There are more than 257th defendants in the case, part of the defendants has 200th criminal procedure law, the provisions of the first paragraph of the case, the people's court may suspend the trial of the case; according to the circumstances of the case, also on the part of the defendant to suspend the trial, the other defendants to trial.

On the part of the defendant to suspend the trial, according to the circumstances of the case dealt with.

258th people's Procuratorate considers that people's court violates the legal procedure, put forward written opinions on after the trial, the people's court that the right, we should adopt the.

The tenth chapter is a case of private prosecution procedure of first instance

Article 259th the people's Court of accepting a case of private prosecution must meet the following conditions:

(a) in accordance with the provisions of the 204th criminal procedure law, the first article of this interpretation;

(two) under its jurisdiction;

(three) the victim told;

(four) people, the specific claim and prove that the defendant's criminal evidence.

The interpretation of the provisions of article 260th of the first case, if the victim's death, incapacity or can't tell because of coercion, intimidation, or with limited capacity and because of old age, illness, blind, deaf, dumb and not to tell, its legal representative, close relative or to tell tell, the people's court shall accept the case according to law.

The victim's legal representative, close relative or to tell tell, that shall provide reasons and prove that the victim and the victim can not personally tell the relationship.

261st bring a private prosecution shall submit the criminal complaint; at the same time to file an incidental civil action, shall submit the incidental civil to criminal prosecution.

The 262nd complaint shall include the following contents:

(a) the private prosecutor (to tell), the defendant's name, gender, age, nationality, was born, culture degree, occupation, work unit, address, contact method;

(two) the defendant committed in the time, place, circumstances and consequences, etc.;

(three) the specific claim;

(four) to the people's court sent and shape of time;

(five) the name of the source of evidence, etc.;

(six) the name, address, contact method etc..

The proposed tell the two or more defendants, shall provide the copy number of private prosecution in accordance with the defendant.

263rd in a case of private prosecution, the people's court shall complete the examination within fifteen days. After review, in line with the conditions of admissibility, it shall decide to initiate, and notify the private prosecutor or to tell people.

Any of the following circumstances, should persuade people to withdraw the prosecution of private prosecution; the private prosecutor not withdraw prosecution, ruled inadmissible:

(a) does not belong to the interpretation of the provisions of the first case;

(two) the lack of evidence;

(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.

264th to have been placed on file, the case of private prosecution review of criminal evidence is lacking, the private prosecutor no additional evidence, the people's court shall persuade them to withdraw the prosecution or reject it; the prosecutor to prosecute 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 265th the private prosecutor refuses to accept or reject the decision to prosecute, it may file an appeal.

The people's Court of second instance to the people's Court of first instance made inadmissible decision is wrong, should cancel the original ruling at the same time, the instruction of first instance in the people's court accepted; find out the people's Court of first instance court decision is wrong, should be in the revocation of the original decisions at the same time, the people's Court of first instance trial instruction.

266th 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 told to abandon its legal consequences tell; private prosecutor to tell, after declaration of judgment on other common people on the same facts bring a private prosecution, the people's court shall not accept the.

Common victim in only some people tell, the people's court shall notify the other victims to participate in litigation, and told not to participate in the litigation legal consequences. Notify party after receiving the notice said not to participate in litigation or non appearance, deemed to have waived told. The first instance verdict, notify the same fact and bring a private prosecution, the people's court shall not accept the. However, the parties shall file a civil lawsuit, not subject to the limitation of interpretation.

267th defendants to implement more than two criminal behavior, belonging to the cases of public prosecution and private prosecution cases, the people's court may be heard. The private part of the trial, the provisions of this chapter shall apply.

The 268th private prosecution evidence because of objective reasons can not be achieved, apply to the people's court to obtain, it shall explain the reasons, and provide clues or materials. The people's court considers necessary, shall timely.

Article 269th of the criminal facts are clear, there is a case of private prosecution shall be sufficient evidence, the trial.

270th cases of private prosecution in accordance with the applicable conditions, simple procedure, to apply the simple procedure.

Do not apply to private prosecution cases of summary procedure, with reference to the relevant provisions of applicable in cases of public prosecution the ordinary procedure of first instance.

271st court hearing a case of private prosecution, to ascertain the facts, to distinguish between right and wrong on the basis of mediation, on a voluntary, legal principles. Conciliation agreement, the mediation shall be made, signed by the judicial officers and the court clerk, and sealed by the people's court. Mediation by the parties shall sign, which have the force of law. If mediation fails to reach agreement, or mediation before signing receipt of Party estoppel, shall promptly make a decision.

Provisions of article third and 204th of the criminal procedure law case does not apply mediation.

272nd before the judgment is pronounced, the case of private parties can self reconciliation, the prosecutor may withdraw his prosecution.

The people's court after examination, that the settlement, to withdraw the prosecution is voluntary, should be ruled to permit; that is forcing, threatening, not voluntary, shall not be permitted to.

Article 273rd a case of private prosecution ruling granting withdrawal or the parties reconciliation, the defendant was forced to take measures, the people's court shall immediately lift.

274th private prosecutor after two summons, refuses to appear in court without justified reason, or without court permission to withdraw from, the people's court shall order the withdrawal treatment.

Part of the private prosecutor withdrawal or ruled by withdrawing treatment, does not affect the case to trial.

Article 275th the defendant in a case of private prosecution One's whereabouts is a mystery. during the trial, the people's court shall rule to suspend the trial. The defendant in custody, shall resume the hearing, when necessary, take compulsory measures against the defendant in accordance with the law.

276th in a case of private prosecution, shall be referred to the relevant provisions of the criminal procedure law and the 195th to explain the 241st ruled according to law; the acquittal cases, the incidental civil part shall conduct mediation or judgment shall be.

277th told the defendant to processing and the victim has evidence to prove that they are 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 conformity with the provisions of Article 1 of this interpretation, the first second.

The provisions of private prosecution counterclaim cases shall be heard, together with the cases of private prosecution. The prosecutor withdrawal, does not affect the counterclaim cases continue the trial.

The eleventh chapter is the unit crime case

278th cases handled by the people's Court of unit crime, in addition to review in accordance with the relevant provisions of the interpretation of article 180th, also should review whether the column name, the domicile of the defendant units, contact information, legal representative, is mainly responsible for the legal representative and the representative accused unit to the name of the person, position, contact methods. To the people's Procuratorate for supplementary materials, shall notify the people's Procuratorate to send up to three days.

The lawsuit on behalf of 279th accused unit, shall be the legal representative or principal responsible person; the legal representative or principal responsible person accused persons directly in charge of the unit crime or unable to appear in court because of objective reasons, shall be made by the accused unit entrust other responsible person or the employees as the litigation representative. However, the other persons who are directly responsible persons accused of unit crime or knows the case to testify obligations, except for.

280th trial unit crime, litigation representative shall notify the unit's court; no litigation representative to participate in the proceedings, shall request the people's Procuratorate identified.

Litigation on behalf of the accused unit who does not appear in court, shall handle it according to the following circumstances:

(a) the legal representative system of litigation representative of the unit or person in charge, refuses to appear in court, the court may summon; unable to appear in court because of objective reasons, or One's whereabouts is a mystery., shall request the people's Procuratorate shall determine the litigation representative;

(two) other personnel department accused unit litigation representative, shall request the people's Procuratorate shall determine the litigation representative to appear in court.

The lawsuit on behalf of 281st 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, in parallel with the defender mats.

Article 282nd the defendant unit to entrust defenders, the relevant provisions of this interpretation of the applicable.

Article 283rd shall be regarded as on criminal cases, the people's Procuratorate only as natural person crime prosecution, the people's court shall advise the people's Procuratorate to the criminal unit supplementary prosecution. The people's Procuratorate to natural person crime prosecution, the people's court shall review the unit crime, according to the directly responsible person in charge and other persons directly responsible shall be investigated for criminal responsibility, criminal law and quoted about unit crime member in charge held directly responsible and other persons directly responsible for the criminal liability clause.

The illegal income 284th accused unit and its fruits, has not yet been recovered or attachment, seizure, freezing, the people's court shall decide, seizure, freezing or seizure.

285th to ensure the execution of the judgment, the people's court may be seized, seizure, freezing the defendant units of property, or by the unit puts forward guarantee.

During the 286th trial, the defendant units have been withdrawn, cancelled, its business license shall be revoked or declared bankrupt, the person in charge directly responsible and other persons directly responsible for the crime of the hearing shall continue.

During the 287th trial, the defendant units merge, split, the original unit shall be listed as the unit, and indicate the merger, division of. The defendant unit fines imposed by its limited in property and income of the new unit.

288th trial unit crime, no provision of this chapter, the relevant provisions of this interpretation of the applicable.

The twelfth chapter summary procedure

289th basic level people's court in cases of public prosecution, the examination that the facts are clear, the evidence fully, the duplicate copy of the indictment to the defendant, the defendant shall ask for the opinions of the facts of the crime accused, inform the applicable law of the summary procedure. The defendant to the facts of the crime accused no objection and agreed to the application of summary procedure, may decide to apply summary procedure, and notify the people's Procuratorate and the counsel before the court.

If the people's Procuratorate suggestions for summary trial of the case, shall be dealt with in accordance with the provisions of the preceding paragraph; do not meet the conditions of the simple procedure, it shall notify the people's procuratorate.

Article 290th under any of the following circumstances, does not apply summary procedure:

(a) if the defendant is blind, deaf, dumb;

(two) the defendant is a mental patient who has not completely lost the ability to recognize or control his own conduct;

(three) have a significant social impact;

(four) cases of common crime in the part of the defendants not guilty or has any objection to the application of summary procedure;

(five) defendants pleaded not guilty;

(six) the defendant pleaded guilty but the review that may not constitute a crime;

(seven) other circumstances the summary procedure is not appropriate for.

291st summary procedure applies to the trial of cases, in accordance with the thirty-fourth law of criminal procedure prescribed in the first paragraph, the people's court shall inform the defendant and his near relatives may apply for legal aid.

292nd trying a case in which the summary procedure, the people's court shall, three days before the hearing, the hearing time, place, inform the people's Procuratorate prosecutor, defendant, defenders, it may inform the other participants in the proceedings.

Notifications can adopt simple way, but shall be recorded.

The trial of the case 293rd applies the simple procedure, the defendant counsel, shall notify the court.

294th trying a case in which the summary procedure, the judge or sole judge shall ask the defendant in court on the facts of the crime accused opinion, inform the defendant under the law applicable to the summary procedure, to confirm whether the defendant agrees to apply the summary procedure.

The trial of the case 295th applies the simple procedure, can make the following simplifying the trial:

(a) the public prosecutor can read out the indictment;

(two) the public prosecutor, the defender, the judicial personnel of interrogating the accused, questions can be simplified or omitted;

(three) for both parties without objection evidence, can only explain the evidence and the name of the event proved; on both sides have the objection, or the court deems it necessary to investigate and verify the evidence, shall produce, and conduct cross examination;

(four) the parties have no objection to the conviction and sentencing facts, evidence, the court can directly about the determination of accusation and sentencing issues.

Application of summary trial procedure, before the judgment is pronounced, the final statement of the defendant shall be heard.

296th applies summary of sole judge in the process, found the defendant may be sentenced to a prison term of more than three years, should be transferred to the collegiate bench trial.

The trial of the case 297th applies the simple procedure, should in general be in court.

298th trying a case in which summary procedure, in the process of trial, one of the following circumstances, should be transferred to ordinary procedure:

(a) the act of the defendant may not constitute a crime;

(two) the defendant may not bear criminal responsibility;

(three) the defendant in court to prosecute the facts of the crime accused denied;

(four) the case facts unclear, insufficient evidence;

(five) other circumstances should not or the summary procedure is not appropriate for.

To an ordinary procedure case, trial period shall be calculated from the decided to turn the ordinary procedure date.

The thirteenth chapter to the procedure of second instance

299th local people's courts at all levels in the first instance, ruling declared, shall notify the defendant, private prosecutor and his legal representatives judgment, ruling, have the right within the legal time limit in written or oral form, through the court or directly to a higher people's Court of appeal; the defense of the accused person, close relatives agreed by the defendant, but also can appeal; incidental civil litigation parties and their legal representatives, can the judgment, ruling in incidental civil part of the appeal.

The defendant, private prosecutor, incidental civil litigation parties and their legal representatives whether to appeal, the appeal before the expiry of said at last "shall prevail.

The 300th people's court court of appeal, in general should be original and copy.

The appeal should include: first instance judgment, ruling of the document and the appellant received on time, the name of the people's Court of first instance, the appeal and the reasons, the appeal of time. The defense of the accused person, close relatives agreed by the defendant appeal shall be indicated, also the relationship with the defendant, and should be the defendant as the appellant.

301st appeal, appeal must be made within the statutory time limit. Appeal against a decision, appeal for a period of ten days; appeal against decisions, appeal for a period of five days. The appeal or protest, period, from receiving the written judgment, order calculation book second days.

The protest period with civil judgments, rulings, should be in accordance with the criminal appeal, part of the appeal, appeal to determine the period. Incidental civil part of a separate trial, an appeal shall be determined in accordance with the provisions of the criminal procedure law period.

302nd appeal by the people's Court of first instance of appeal, the people's Court of first instance shall review. The appeal 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, and a copy of the appeal petition to the people's Procuratorate at the same level and to the other party.

303rd petitioner files an appeal directly to the people's Court of second instance, the people's Court of second instance shall, on receipt of the appeal within three days after 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, and a copy of the appeal petition to the people's Procuratorate at the same level and to the other party.

Article 304th the appellant requests to withdraw the appeal on appeal within the time limit, the people's court shall permit.

305th appellant request to withdraw the appeal in the appeal after the expiration of the period, the people's Court of second instance shall review. Upon examination, that the original facts and the applicable law is correct, appropriate sentencing, shall make a decision to withdraw the appeal; that the original facts unclear, insufficient evidence of innocence or convicted of misdemeanor, heavy sentences, should not be allowed to hear appeals, in accordance with the.

The defendant was sentenced to the immediate execution of death penalty appeal, requests to withdraw his appeal in second instance court judge after the announcement before, should not be allowed to continue the trial, according to the case of appeal.

306th local people's Procuratorate to the people's court first instance, ruling the protest, the protest should be 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 307th the people's Procuratorate protest period in withdraw the protest, the people's Court of first instance no longer to a higher people's court transferred the case; 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.

308th on appeal, appeal before the expiry of the withdrawal of the appeal, appeal, the judgment of first instance, the 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 first trial, second instance ruled that the ruling shall take effect on the appellant or protest organ book date.

Article 309th the people's Court of second instance of transferred to the people's Court of first instance appeal, appeal case, evidence, shall review whether include the following contents:

(a) to appeal, the appeal case letter;

(two) the appeal or protest;

(three) the first instance judgment, ruling eight copies (each additional defendants to increase a) and its electronic text;

(four) the whole record, evidence, including the report of the trial of the case and the other shall be transferred to the material.

Complete materials mentioned in the preceding paragraph, the people's Court of second instance shall be conducted; incomplete materials, it shall notify the people's Court of first instance to fill in time to send.

310th second court hearing a case of appeal or protest, should 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, limiting the scope of the.

311st joint crimes, only part of the defendants appeal, or the prosecutor is only part of the defendant's appeal against the sentence, or the people's Procuratorate is only part of the defendant's decision to lodge a protest, the people's Court of second instance shall be checked on the case, together.

312nd common criminal cases, the defendant appeals for death, other defendant does not appeal, the people's Court of second instance shall examine the case. After review, the defendants to death does not constitute a crime, shall be acquitted; constitutes a crime, shall terminate the trial. The other co defendants still shall make a judgment, ruling.

A case of civil suit collateral 313rd criminal incidental civil action, only the parties and their legal representatives in the appeal, the people's Court of second instance shall examine the case. After the examination, the judgment of first instance criminal part and no improper, the people's Court of second instance only need to make the treatment of incidental civil part; 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.

A case of civil suit collateral 314th criminal incidental civil action, only the parties and their legal representatives appeals, criminal judgment of first instance occurred in the appeal after the expiration of the legal effect.

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 315th for a case of appeal or protest, we should examine the following contents:

(a) whether the judgment of first instance finds that the facts are clear, the evidence is true, full;

(two) the first trial of applicable law is correct, whether the appropriate sentencing;

(three) in the investigation, prosecution, the procedure of first instance, there is no violation of legal procedure;

(four) the appeal or protest, whether the facts, new evidence;

(five) the defendant's confession and exculpation situation;

(six) submission and adoption of a defender;

(seven) the incidental civil part of the judgment, ruling or legal, proper;

(eight) the people's Court of first instance court, the judicial committee for discussion and comments.

During the 316th second, 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 prosecutor is only part of the defendant's appeal against the sentence, or the people's Procuratorate is only part of the defendant's decision to lodge a protest, other co defendants also can entrust his defense.

317th following cases, according to the law of criminal procedure 223rd the provisions of paragraph 1, shall open the court session:

(a) the defendant, private prosecutor and his legal representatives on the first instance of facts, evidence objection, may affect the appeal the conviction and sentencing;

(two) cases of appeal against the defendants were sentenced to death immediately;

(three) case protested by a people's procuratorate;

(four) shall be other cases of the trial.

The defendant sentenced to death immediately without appeal, the other co defendants appealed case, the people's Court of second instance shall open the court session.

The defendant was sentenced to the appeal of the death sentence with a reprieve, does not belong to the first paragraph of the first paragraph, conditional, should also be hearing.

318th on a case of appeal or protest, the people's Court of second instance upon examination, that the facts are not clear and the evidence is insufficient, or with 227th criminal law stipulates the violation of legal procedure, need to remand the case for trial, the trial can not.

During the 319th second instance, a people's Procuratorate or the defendant and his counsel submits new evidence, the people's court shall timely notify the other party to consult, extract or copy.

320th trial of second instance cases of public prosecution, shall consult the files in the decision after hearing the timely notify the people's procuratorate. Since the notice within second days, the people's Procuratorate to examine the case of time not included in the trial period.

In cases of public prosecution of 321st court appeal, appeal, it shall notify the people's Procuratorate at the same level send personnel to the court.

Appeal cases, the people's Procuratorate received a court notice not to send its personnel to the court, and does not explain the reason, the people's court may order the withdrawn by processing according to the people's Procuratorate, the people's Court of first instance and notify the parties and the.

322nd hearing a case of appeal or protest, in addition to the relevant provisions of the applicable to the procedure of first instance, shall be conducted in accordance with the following provisions:

(a) court investigation stage, the judges read the first judgment, ruling the case on appeal, the appellant or counsel to read the petition or statement of the grounds of appeal, appeal cases by the inspector to read out the protest; both the appeal and protest case, first by the prosecutor read out the protest, then by the appellant or defender petition or statement of the grounds of appeal read;

(two) the court debate stage, a case on appeal, the appellant, the defenders say, by the prosecutor, attorney speak; protest cases, the prosecutor, attorney speak, by the defendant, the defenders say; both the appeal and protest case, the prosecutor, attorney speak, by the appellant, the defenders to speak.

323rd hearing a case of appeal or protest, can focus on the judgment of the first instance, ruling controversial or questionable parts. According to the circumstances of the case, can be heard in the following ways:

(a) read the first judgment, can only read the main facts, evidence, the name and the text of the judgment;

(two) the court shall focus on the facts, the first trial of objection and evidence submitted new evidence of the facts, evidence and plot; no objection, can be confirmed directly;

(three) the defendant does not appeal to people in the trial of cases, has not been applied in court or the people's court that there is no need to appear in court, can no longer be summoned to appear in court;

(four) the defendant has committed several crimes cases, no objection to the criminal facts are clear and can not be heard in court.

In court cases, not appeal, the people's Procuratorate has not its decision defendant protest requirements appear in court, he shall be permitted to. People appear in court investigation and debate.

324th second instance not hearing according to law, it shall interrogate the defendant, to listen to the other parties, the defenders and agents ad litem, opinions. All members of a collegial panel shall be marking, when necessary, it shall submit a written examination opinions.

325th 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 provisions shall:

(a) in court cases, only the part of the defendants appeal, the appellant or aggravated punishment, nor aggravate other co accused penalty;

(two) the facts are clear, evidence really, fully, just as guilty of misconduct, can change the charges, but not increase the punishment;

(three) the combined punishment for several crimes to the defendant may not increase the penalty decision, execution, nor of a crime in the crime of aggravated penalty number;

(four) the defendant verdict on probation, probation revocation or not extend the probation period;

(five) the original did not declare a ban, shall not increase the declaration; the original declaration of prohibition, not increase the content, to extend the time limit;

(six) the defendant sentenced to no restrictions shall not restrict the commutation, commutation;

(seven) the facts are clear, the evidence is, well, but sentenced to punishment too light, should additional penal apply not applicable, shall not directly increase the punishment, apply additional punishment, nor to the facts unclear, insufficient evidence on the grounds for the people's Court of first instance for retrial. Must be in accordance with the law shall be commuted, decision, ruled that went into effect in second after the trial, in accordance with the procedure for trial supervision re trial.

To appeal to the people's Procuratorate or the private prosecution cases, do not be restricted by the preceding paragraph.

Article 326th the people's Procuratorate protest only on the part of the defendant's decision, or the prosecutor is only part of the defendant's appeal against the judgment, the people's Court of second instance shall not add to the other co accused penalty.

327th defendant or his legal representative, counsel, relatives to appeal the case, the people's Court of second instance remand the case for retrial, in addition to the new facts of the crime, the people's Procuratorate for supplementary charges outside, the people's court shall not increase the criminal punishment on the defendant.

328th original facts unclear, insufficient evidence, the people's Court of second instance remanded case, the people's court to make a ruling, the defendant appealed or protested by a people's Procuratorate, the people's Court of second instance shall make a judgment, ruling, shall not be remanded.

329th the people's Court of second instance that the people's court in the re trial in the criminal procedure law, is one of the 227th article of the cases, or in violation of the provisions of article 228Th, it shall rescind the original judgment, remand the case for retrial.

Appeal, appeal to the criminal part 330th trial of people's Court of second instance, the incidental civil part of a legally effective cases, find the first judgment, ruling in incidental civil part is wrong, should be in accordance with the procedure for trial supervision of incidental civil part corrected.

331st people's Court of second instance of civil part of the appeal, the criminal part of a legally effective cases, find the first trial, ruled in the criminal part is wrong, be re trial on criminal parts according to the trial supervision procedures, and the incidental civil and criminal trial parts together.

During the 332nd second instance trial, the plaintiff of the supplementary civil action to increase the independent litigation request or the first instance defendant files a counterclaim, the people's Court of second instance can be adjusted according to the voluntary, legal principles; if the mediation fails, the parties shall inform the prosecution.

333rd to second instance cases of private prosecution, it may be necessary to mediation, the parties may also become reconciled. Mediation, conciliation statement shall be made, the judgment of first instance, ruling as automatic revocation; if the parties become reconciled, shall make a decision to withdraw the prosecution, and the withdrawal of the first trial, adjudication.

During the 334th second, private prosecution cases where a party files a counterclaim, shall inform the prosecuted.

335th the people's Court of second instance may entrust the people's Court of first instance for sentencing, and served second trial to judgment, ruling party. The people's Court of first instance shall, on behalf of judgment within five days after the sentence transcripts sent to the people's Court of second instance, and served after the timely receipt to the people's Court of second instance.

Commissioned by the sentence, the people's Court of second instance shall be delivered directly to the people's Procuratorate at the same level second trial judgment, ruling.

In the fourteenth chapter, below the legal punishment penalty and special parole approval

336th submitted to the approval of the Supreme People's court sentenced to a punishment below the legally prescribed punishment cases, shall handle it according to the following circumstances:

(a) the defendant does not appeal, the people's Procuratorate did not protest, protest, on appeal after the expiration of the period of three days to a higher people's court review. A higher people's court agreed with the original, it shall make a written report approved by the Supreme People's court; do not agree, shall make a written order to remand the case for retrial, or change according to the procedure of first instance retrial jurisdiction. The original is the grassroots people's court, the Supreme People's court can specify the intermediate people's court according to the procedure of first instance;

(two) the defendant appealed or protested by a people's Procuratorate, shall be tried in accordance with the procedure of second instance. The court of appeal upheld the decision or sentence, still below the legal punishment in criminal punishment, shall be in accordance with the provisions of the preceding paragraph report approved by the Supreme People's court.

337th submitted to the approval of the Supreme People's court sentenced to a punishment below the legally prescribed punishment cases, shall be submitted to the court verdict, submitted to the approval of the report in five copies, and the whole record, evidence.

338th sentenced to a punishment below the legally prescribed punishment cases, the Supreme People's court approved, shall make a ruling of approval; not approved, shall make a decision not to approve the ruling, and reverse the original judgment or ruling, remanded by the people's court re trial or to specify other subordinate to the people's court trial.

Article 339th in accordance with the provisions of this 336th interpretation, the provisions of article 338th back to the people's Court of second instance to the trial of the case, the people's Court of second instance can be directly to the court; must be facts, verify the evidence or correct the procedural violation of law, it shall hold a hearing.

340th the Supreme People's court and the people's court at a higher level review below the legally prescribed punishment sentencing trial period, with reference to the provisions applicable to criminal law article 232nd.

341st submitted to the approval of the Supreme People's court for the criminals have special conditions, not by the prison limiting parole cases, shall handle it according to the following circumstances:

(a) to the intermediate people's court ruling on parole, the higher people's court shall review report. The higher people's court agreed, it shall make a written report to the approval of the Supreme People's court; do not agree, 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.

342nd submitted to the approval of the Supreme People's court for the criminals have special conditions, not by the prison parole cases should be reported to limit, paper please approval report, the criminal has a special report, the ruling five copies each, and all the files.

343rd due to the criminals have special conditions, not by the prison limiting parole cases, the Supreme People's court approved, shall make a ruling of approval; not approved, shall make a decision not to approve the ruling, and cancel the original ruling.

The fifteenth chapter is the review procedure of death penalty

Article 344th submitted to the Supreme People's court approved the death penalty cases, shall handle it according to the following circumstances:

(a) cases of first instance, the intermediate people's court sentenced to death, the defendant does not appeal, the people's Procuratorate did not protest, in ten days after the appeal, appeal to a higher people's court shall review the term. The higher people's courts agree with the death sentence, shall be submitted in ten days after the approval of the Supreme People's court ruled in; do not agree, should be in accordance with the procedure of second instance the case or remand the case for retrial;

(two) cases of first instance, the intermediate people's court sentenced to death, protest the defendant appeal or the people's Procuratorate, the higher people's court ruling shall be maintained, in ten days after the approval of the Supreme People's court ruling;

(three) cases of first instance, the higher people's court sentenced to death, the defendant does not appeal, the people's Procuratorate did not protest, shall be submitted in ten days after the appeal or protest, the term of the Supreme People's court for approval.

The higher people's Court of review of death penalty cases, it shall interrogate the defendant.

345th intermediate people's court in cases of First Instance sentenced to death sentence with a reprieve, the defendant does not appeal, the people's Procuratorate did not protest, shall be submitted to the Supreme People's court approval.

The higher people's court review of suspension of execution of death penalty cases, it shall interrogate the defendant.

346th submitted to the review of the death penalty, suspension of execution of death penalty cases, should be a case of a newspaper. To submit materials including submitted to the review report, the first instance judgment of death penalty cases, comprehensive report, five copies of all the files, as well as evidence. A death penalty case report, the first instance judgment, and heard the report of it shall submit the electronic text.

In case the case file, the evidence shall be submitted.

Once the case remanded, first, two volume shall be submitted to the trial.

347th submitted to the review report, shall state the case, brief case, the trial and verdict.

A death penalty case report shall include the following contents:

(a) the basic situation of the defendant, the victim. The defendant had a criminal record or have received administrative punishments shall be indicated;

(two) origin of the case and the case through. The case was remanded, shall state the reasons, remand the case for retrial time, case, etc.;

(three) cases of detection conditions. Through the technical investigation measures capture of the defendant, criminal, and surrender, meritorious service that the situation, shall include;

(four) the first trial cases. Includes the views of the two, first instance that the facts of the crime, the collegiate bench and the judicial committee;

(five) the second instance trial or senior people's court shall review the situation. Including the grounds of appeal, the procuratorial organs in the trial of the second instance, or the people's court senior review identified, admissibility of evidence and reason, both sides opinion and accept;

(six) to describe the problem. Including dealt with cases in the common crime accomplice of conviction and sentencing circumstances, cases have no significant social impact, and the reaction condition;

(seven) comments. Specify the full court and the judicial committee.

The 348th review of the death penalty, suspension of execution of death penalty cases, shall comprehensively examine the following contents:

(a) the age of the accused, the accused had no criminal responsibility, if the pregnant women;

(two) whether the facts are clear, the evidence is true, full;

(three) the circumstances of the crime, and the degree of harm consequence;

(four) whether the law applicable to the decision is correct, whether it must be sentenced to death, whether it must be executed immediately;

(five) there is no legal, the discretionary heavier, lighter or mitigated punishment;

(six) the procedure is legal;

(seven) other circumstances shall review.

349th senior people's court shall review the suspension of execution of death penalty cases, shall handle it according to the following circumstances:

(a) the original facts and the applicable law is correct, appropriate sentencing, procedure legal, shall decide to approve;

(two) the identification of a specific facts or refer to legal terms are defective, but sentenced the accused to death with a reprieve no inappropriate, can be corrected to approve judgment, ruling;

(three) the original finds that the facts are correct, but the applicable law is wrong, or the punishment shall be commuted overweight;

(four) the original facts unclear, insufficient evidence, may make a decision of disapproval, and rescind the original judgment, the judgment shall be amended according to remand the case for trial, or;

(five) the conviction and sentencing facts, new evidence appeared during the review, can the ruling shall not be approved, and revocation, remand the case for retrial, or in accordance with the interpretation of rule 220th hearing shall be amended according to the law;

(six) the violation of legal procedure, which may affect the fair trial, shall make a decision of disapproval, and revocation, remand the case for retrial.

The higher people's court review of suspension of execution of death penalty cases, may increase the criminal punishment on the defendant.

The 350th Supreme Court review of death penalty cases, shall handle it according to the following circumstances:

(a) the original facts and the applicable law is correct, appropriate sentencing, procedure legal, shall decide to approve;

(two) the identification of a specific facts or refer to legal terms are defective, but sentenced the accused to death is not wrong, can be corrected to approve judgment, ruling;

(three) the original facts unclear, insufficient evidence, shall make a decision of disapproval, and revocation, remand the case for retrial;

(four) the conviction and sentencing facts, the emergence of new period influence review evidence, shall order not approved, and revocation, remand the case for retrial;

(five) the original finds that the facts are correct, but the law should not be sentenced to death, shall make a decision of disapproval, and revocation, remand the case for retrial;

(six) the violation of legal procedure, which may affect the fair trial, shall make a decision of disapproval, and revocation, remand the case for retrial.

351st above two crime were sentenced to death for a combined punishment for several crimes cases, the Supreme People's court checks, that which part of the criminal's death sentence, ruled that the facts are not clear, the evidence is insufficient, should the decision of disapproval, and revocation, sent back to the trial; that which part of the criminal's death sentence, ruled that the facts are correct, but the law should not be sentenced to death, can be changed, and sentenced to death on the other should be criminal to approve death penalty.

352nd on two or more defendants were sentenced to death penalty case, the Supreme People's court checks, that part of the defendant's death sentence, ruled that the facts are not clear, the evidence is insufficient, should the decision of disapproval, and revocation, back to try again; that which part of the defendants to death decision, ruled that the facts are correct, but the law should not be sentenced to death, can be changed, the accused and sentenced to death on the other should make the death penalty decision.

Article 353rd the Supreme People's court shall not approve the death penalty, according to the circumstances of the case, can be sent back the people's Court of second instance or the people's Court of first instance for retrial.

The people's Court of first instance shall re trial, the trial. The people's Court of second instance retrial, can be directly to the court; must be facts, verify the evidence or correct the illegal procedure, it shall hold a hearing.

Article 354th the higher people's court in accordance with the to review procedure after the approval of the Supreme People's court the death penalty, the Supreme People's court shall not approve, back to the high court, the higher people's court may in accordance with the procedure of second instance the case or sent back for a new trial.

Article 355th the Supreme People's court shall not approve the death penalty, remanded case, the people's court shall form a new collegial panel trial, except for the interpretation of article 350th, fifth paragraph of fourth cases.

356th death penalty review period, the defense lawyer asked to reflect the views of the Supreme People's court, the collegial panel shall listen to the opinions on the premises, and making a record; lawyer put forward written opinions, shall be attached.

357th death penalty review period, put forward opinions of the Supreme People's Procuratorate, the Supreme People's court shall review, and will take the case and the reasons. The Supreme People's procuratorate.

358th the Supreme People's court shall notify the death penalty review results to the Supreme People's Procuratorate in accordance with the relevant provisions.

The sixteenth chapter attachment, seizure, freezing the property and processing

Article 359th the people's court for the seizure of , seizure, freezing the property and the fruits thereof, shall be properly kept, and making lists, attached for reference; the people's Procuratorate of property transferred along with the case and its fruits, should according to the list of inspection after the safekeeping. Any unit or individual shall not be misappropriated or dispose of.

Attachment does not move property, vehicle, ship, aircraft production, shall be seized the right certificate, after taking pictures or video in situ sequestration, close relatives the defendant or to the holder, custody, registration and specify the name, type, property ownership, address and other details, and notify the relevant property registration, management seal registration.

The seized articles, shall be registered and that the item name, type, specifications, quantity, weight, quality, quality, purity, color, recency, defect characteristics and source. Seizure of money, securities, shall be registered and that currency, securities, the amount of the name, amount, currency shall be deposited into a special account bank, bank deposit certificates and registration name, content. Cultural relics, gold and silver jewelry, seizure, rare calligraphy and painting and other valuables and contraband, shall take pictures, the need to identify, shall timely identification. It shall timely according to the relevant provisions on the valuation of the seized items.

Frozen deposits, remittances, bond, stock, fund and other property, shall be entered in the register and stating the number, type, amount, number, amount etc..

360th the lawful property of the victim, clear ownership, shall be promptly returned, but subject to take photographs, identification, valuation, and indicate the return of reason in the files of the case, will receive procedures original photos, list and the attached memorandum; ownership of the unknown, should be in the people's court judgment becomes effective, according to the proportion of returned to the victim, but has been part of the compensation shall be deducted.

During the 361st trial, the right to apply for selling seized, frozen bond, stock, fund and other property, the people's court after examination, that does not damage the interests of the state, the interests of victims, not the normal proceedings, as well as the seizure, freezing of the draft, promissory note, check of expiring, in the judgment, ruling according to law before the entry into force of sale, the proceeds shall be kept by the people's court, and inform the parties or their near relatives timely.

362nd to use as evidence of the physical evidence, including as currency, securities, shall be transferred together with the case. The judgment of the first instance, ruling after the announcement, the defendant appealed or protested by a people's Procuratorate, the people's Court of first instance shall be the evidence to the people's Court of second instance.

Article 363rd to be transferred to the real, should according to the situation, examine the following contents respectively:

(a) the bulk, inconvenient carrying goods, seizure, seizure authority is transferred along with the case of attachment, seizure list, with the original photos and storage procedures, specify the location etc.;

(two) the perishable, mildew and is not easy to store items, seizure, detaining authorities sold after processing, whether with the case the original list, photos, obtained Certificate (photocopy);

(three) firearms and ammunition, highly toxic, flammable and explosive goods and other contraband goods, dangerous goods, seizure, seizure authority according to the relevant provisions of treatment, is transferred along with the case the original photos and lists.

The above should not be transferred shall be real, identification, valuation, should also examine whether with identification, valuation opinion.

The attachment, seizure of currency, securities not transferred, shall examine whether the original photo, a list or other documents.

Process 364th court, on the properties and interests of attachment, seizure, freezing, should investigate the ownership situation, whether to belong to illegal income or other involved shall be recovered property.

Properties and interests outsider on attachment, seizure, freezing of property objection, the people's court shall review and dealt with according to law.

After review, could not confirm the attachment, seizure of property and its fruits, frozen belong to illegal income or other property involved shall be recovered in accordance with law, shall be confiscated.

Properties and interests 365th on attachment, seizure, freezing, shall state the name, amount, number, location and treatment methods in the judgment. The property is more, not in the text of the judgment in detail, can be attached list.

The property is not transferred together with the case, shall be indicated in the judgment, and specify the attachment, seizure, freezing by the authority responsible for processing.

The 366th review article attachment, seizure, freezing the property and accrued interest, indeed illegal income, or other property involved shall be collected in accordance with the law, the court shall return to the victim, or confiscated and turned over to the state treasury, except as otherwise stipulated by law.

Verdict returned to the victims involved in property, it shall notify the victim claim; unclaimed, notice shall be issued; notice the full three months unclaimed, shall be turned over to the state treasury; turned over to the State Treasury has claimed, verified, it shall apply for refund shall be returned; raw material has been auctioned, sold, the price shall be returned.

For violations of state owned property cases, victims unit has been terminated and no rights and obligations successors, or the loss has been written off, seizure, seizure of property and its fruits, frozen shall be turned over to the state treasury.

367th transferred together with the case or the court attachment, seizure of property and its fruits, by the people's Court of first instance after the effective date of this judgment is responsible for processing.

The property is not transferred together with the case, the people's court shall within ten days after the verdict, the verdict, ruling is served, the detaining authorities seized, and inform the receipt back to perform in a month.

368th of frozen deposits, remittances, bond, stock, fund share property condemnation, the people's Court of first instance shall, after the effective date of this judgment, the judgment, ruling to the financial institutions and the financial department, notify the relevant financial institutions shall be turned over to the state treasury and after receiving the Notice of execution after fifteen days, will turned over to the state treasury receipts, perform receipt back to.

369th attachment, seizure, freezing the property is irrelevant to the case but has been included in the list, attachment, seizure, freezing shall be made by the authorities in accordance with the law.

Attachment, seizure, freezing the property belonging to the accused person lawful all, should compensate the victim's damage, execution of property punishment after the timely return of the defendant; property not transferred together with the case, it shall notify the attachment, seizure, freezing organs will be compensation for the victim's loss, the execution of property penalty part transferred to the people's court.

370th attachment, seizure, freezing the property and processing, this explanation is not specified, with reference to the relevant provisions of the applicable law, the other the judicial interpretation.

The seventeenth chapter is the procedure for trial supervision

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

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

The complaint may entrust a lawyer for.

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

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

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

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

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

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

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

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

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

375TH appeal on the case review, it shall make a decision within three months, no later than six months.

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

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

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

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

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

(five) found charges error;

(six) the sentencing is obviously inappropriate;

(seven) in violation of the law concerning the retroactivity provisions;

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

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

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

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

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

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

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

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

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

378th presidents of courts found the hospital in a legally effective judgment, ruling is wrong, should be submitted to the judicial committee for discussion and decision whether to review.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 387th the people's courts protested by the people's Procuratorate, the people's Procuratorate before a court shall decide to withdraw the protest, the people's Procuratorate received a notice of appearance; do not send its personnel to the court, and does not explain the reason, can be ruled according to withdraw the anti complaint handling, and notify the participants in the proceedings.

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

388th court of retrial cases, the people's court retrial, the members of the collegial panel read book retrial; Department of people's Procuratorate, the procuratorial personnel read out the protest; Department of the complainant complaint, by the complainant or the defenders and agents ad litem, stating the grounds for the appeal.

Article 389th 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, maintain the original judgment, ruling;

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

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

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

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

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

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

The eighteenth chapter of criminal cases of foreign-related trial and judicial assistance

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

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

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

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

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

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

395th in criminal litigation, the foreign party has the legal provisions of our country litigation rights and assume corresponding obligations.

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

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

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

(three) a time, place.

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

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

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

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

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

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

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

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

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

398th foreign-related criminal cases accepted by the people's court shall inform the custody, enjoy the foreign defendant and nationality country Embassy, consulate, and the guardian, close relatives meet, communication, and the right to request the people's court to provide translation.

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

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

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

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

400th court hearing foreign-related criminal cases, shall be open to the public, but the law should not be heard in public except.

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

401st 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 parties.

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

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

402nd foreign defendant entrust a lawyer, or a foreign plaintiff of the supplementary 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.

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

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

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

403rd foreign parties from outside the people's Republic of China mailed or delivered to the Chinese lawyers or Chinese citizens of entrustment, and prove that a foreign party concerned guardian, close relatives with client relationship, shall be notarized by a notary public of the country, the central competent authority of foreign country or its authorized agency certification, and the Chinese embassies, consulates, except where there is mutual exemption of the certification agreement between China and the country.

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

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

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

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

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

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

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

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

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

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

For judicial assistance to foreign 410th people's court, the higher people's court shall review report of the Supreme People's court agreed to review.

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

A written request for judicial assistance to foreign 411st people's court and the accompanying documents, shall be accompanied by other language specified in translation in the language of that country or international treaties.

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

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

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

(two) through diplomatic channels;

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

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

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

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

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

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

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

Other matters 414th foreign criminal proceedings, shall be handled in accordance with law, judicial interpretation and other relevant provisions.

The nineteenth chapter executive program

The first section of execution

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

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

During the 416th death sentence with a reprieve from the judgment or ruling, the legal document approval of the death sentence with a reprieve pronounced or calculated as of the date of receipt.

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

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

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

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

(a) the offender may have other crimes;

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

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

(four) the criminal exposes major criminal facts or other major meritorious service, may require revision;

(five) the pregnant;

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

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

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

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

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

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

(a) confirmation pregnant, and shall be amended;

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

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

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

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

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

Shooting or injection method using 425th death penalty execution.

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

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

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

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

427th executed by forensic identification of criminals, should indeed death, court clerk shall make transcripts. The people's court shall be responsible for the implementation of the death penalty within fifteen days after the implementation, including criminals are executed before and after photos, submitted to the Supreme People's court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The third section control executed, probation, deprivation of political rights

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

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

The fourth section property punishment and incidental civil judgment execution

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

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

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

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

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

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

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

442nd execution or implementation of the property in the field, may entrust the local people's court for enforcement.

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

443rd execution of property punishment in the process, one of the following circumstances, the people's court shall rule to suspend the execution:

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

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

(three) other circumstances execution shall be suspended.

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

444th execution of property punishment in the process, one of the following circumstances, the people's court shall order the termination of execution:

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

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

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

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

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

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

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

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

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

The fifth section commutation, parole hearing of cases

448th was sentenced criminals, in execution period, no intentional crime, the death sentence with a reprieve expires, shall order the commutation of the death sentence with a reprieve; after the expiration of the period, has not yet ruled commutation again before the crime, should be in accordance with the law of commutation of the new crime prior trial.

449th cases of commutation, parole, shall handle it according to the following circumstances:

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

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

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

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

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

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

(a) the commutation, parole recommendations;

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

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

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

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

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

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

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

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

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

(two) the identification of conviction and jail sentence;

(three) the previous commutation;

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

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

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

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

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

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

(four) during the public received complaints;

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

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

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

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

Article 456th the people's court found that the force commutation, parole decision is wrong, shall form a new collegial panel trial found that if a people's court; the entry into force of the commutation, parole decision is wrong, can direct the people's court subordinate prior group into the collegial panel to try.

In section sixth, probation, parole revocation

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

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

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

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

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

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

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

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

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

The twentieth chapter minors procedure of criminal case

Section 1 General Provisions

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

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

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

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

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

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

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

Article 463rd the following cases tried by a juvenile court:

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

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

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

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

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

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

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

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

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

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

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

According to the law of public hearing, but may need to be mothballed criminal record cases, shall not organize personnel to attend.

468th necessary notice minor victims, witnesses to testify in court, the people's court shall take the corresponding protective measures according to the circumstances of the case. Conditional, can be video, the statements, testimony of witnesses.

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

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

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

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

The second section court preparation

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

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

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

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

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

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

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

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

Before the court of 478th and recess, the court may, can arrange the juvenile defendant or his legal representative of criminal procedure law 1 the 270th other adult relatives, representatives met with.

The third day trial

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

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

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

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

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

Process 482nd court, the judges shall according to the juvenile defendant's intelligence development and mental state, the use of suitable for minors language of expression.

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

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

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

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

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

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

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

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

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

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

The fourth Festival Executive

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

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

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

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

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

492nd people's court deems necessary, can urge the jailed prisoners underage criminals of the parents or other guardians to visit.

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

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

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

The twenty-first chapter mediation in cases of public prosecution procedure

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

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

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

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

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

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

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

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

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

Article 501st settlement agreement shall include the following contents:

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

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

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

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

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

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

Compensation for the loss of 502nd contents stipulated in the settlement agreement, the defendant should be carried out immediately after the signing of the agreement.

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

503rd both parties involved in the investigation, prosecution period has reached a settlement agreement and perform all the victim or his legal representative, close relative, and file an incidental civil action, the people's court shall not accept the case, but there is evidence to prove that the reconciliation voluntarily, except in violation of law.

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

Article 505th of the cases reached a settlement agreement, the people's court shall punishment on the defendant a lighter punishment; in accordance with the applicable conditions of non imprisonment, should the non custodial penalty; sentenced to the minimum statutory penalty is still too heavy, can reduce the punishment; comprehensive case that crime plot slight need not be sentenced to a punishment, can be exempted from criminal punishment.

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

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

The twenty-second chapter of criminal suspects and defendants, escape, death cases of illegal gains confiscated program

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

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

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

508th has one of the following cases, should be identified as major crime stipulated in the first paragraph of article 280th of the criminal procedure law "":

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

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

(three) other major crime.

Properties and interests of 509th crime is made, contraband, and the defendant unlawfully held for criminal purpose own property, shall be determined as specified in the first paragraph of article 280th of the criminal procedure law "and other properties involved in the illegal income".

510th presented to the people's Procuratorate shall confiscate the illegal income application, the people's court shall examine the following contents:

(a) whether to belong to the jurisdiction;

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

(three) if a warrant or the death certificate;

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

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

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

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

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

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

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

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

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

Article 512nd the people's court decides to accept confiscated after the application, shall issue a notice within fifteen days, the announcement for a period of six months. The announcement shall include the following contents:

(a) the;

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

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

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

(five) shall be other announcements.

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

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

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

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

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

514th announcement after the expiration of the period, the people's court shall form a collegial panel to apply to the confiscation of illegal income case to trial.

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

515th cases of trial for the confiscation of illegal income, in accordance with the following procedures:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The mental patient twenty-third Chapter shall not bear criminal responsibility of compulsory medical procedures

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

The mental patient 525th people's Procuratorate shall not bear criminal responsibility for compulsory medical cases, shall be under the jurisdiction of the violence of the grassroots people's court; by the applicant's place of residence of the people's court is more appropriate, it shall be under the jurisdiction of the basic level people's Court of the place of residence.

Compulsory medical 526th presented to the people's Procuratorate of the people's court shall apply, examine the following contents:

(a) whether to belong to the jurisdiction;

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

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

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

(five) other matters that need to be examined.

Compulsory medical 527th presented to the people's Procuratorate application, the people's court shall complete the examination within seven days, and in the light of the following situations respectively:

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

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

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

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

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

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

530th cases of court for compulsory medical treatment, according to the following procedure:

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

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

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

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

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

531st for compulsory medical cases, the people's court, shall handle it according to the following circumstances:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The twenty-fourth chapter supplementary provisions

544th court interrogation of a defendant, declaratory judgment, commutation, parole hearing the case, according to the circumstances of the case, can take video mode.

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

During the 546th procedure making, forming work records, material records shall inform, sealed by the production staff and other relevant staff signature. Declare or served on the judgment, ruling, decision, notice of litigation documents shall be served by an announcement, or people in the litigation documents, shall be signed, stamped.

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

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

The relevant provisions of article 547th this interpretation applies to military courts, railway transportation courts and other special people's courts.

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