People's Republic Of China Criminal Law

Original Language Title: 中华人民共和国刑事诉讼法

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  (July 1, 1979 session of the national people's Congress adopted at the second meeting

According to March 17, 1996 session of the national people's Congress fourth Conference on adaptation of People's Republic of China Law of criminal procedure, the decision of the first amendment

On March 14, 2012, the 11th session of the national people's Congress fifth Conference on adaptation of People's Republic of China Law of criminal procedure second amendment of decision)

Directory

Title I General provisions

Chapter I aim and basic principles

Chapter II jurisdiction

Chapter III to avoid

The fourth chapter defence and representation

The fifth chapter of evidence

The sixth chapter of coercive measures

The seventh chapter VII incidental civil actions

During the eighth chapter, served on

Other provisions of chapter Nineth

Part two filing a case, investigation, and prosecution

Chapter Office

Chapter II investigation

Section I General provisions

Section II interrogation of criminal suspects

Section III asked the witness

Fourth inspection and examination

The fifth section search

Sixth section attachment, seizure of material evidence and documentary evidence

The seventh section identification

Eighth section of the technical investigation measures

Nineth day wanted

The tenth section investigation

11th joint investigation of cases directly accepted by the people's procuratorates

Chapter III prosecution

Part III trial

Chapter judicial organization

Chapter II procedure of first instance

First public prosecution cases

Section II cases of private prosecution

Section III summary procedure

Chapter III procedure of second instance

The fourth chapter of the death penalty review procedure

The fifth chapter of the trial supervision procedure

Title IV implementation

Part v of the special procedures

First chapter of juvenile criminal proceedings

Chapter II Party reconciliation proceedings before the public prosecution cases

Chapter III death of criminal suspects and the accused go into hiding, confiscation of illegal income programs

Fourth chapter of not criminally responsible by law compulsory medical treatment of mental patients program

By-laws

Title I General provisions

Chapter I aim and basic principles

First in order to ensure the correct implementation of the criminal law, punish crime, protect the people, protect national security and public safety, safeguard the Socialist social order, according to the Constitution, this law is enacted.

Second article People's Republic of China criminal method of task, is guarantee accurate, and timely to identified crime facts, right application legal, punishment criminals, guarantees innocence of people not by criminal held, education citizens consciously comply with legal, active with crime behavior for struggle, maintenance socialist legal, respect and guarantees human rights, protection citizens of personal right, and property right, and democratic right and other right, guarantees Socialist construction career of smooth for. Article on criminal detection, the detention, the execution arrest, the preliminary hearing of the case by the public security organs shall be responsible for. Approval of the prosecution, arrest, prosecution investigation of cases directly accepted, the prosecution, the people's procuratorates are responsible for. Trials by the people's Court is responsible for.

Except as specifically provided by law other than any other agencies, organizations and individuals have the right to exercise those powers.

People's courts, people's procuratorates and the public security organs in conducting criminal proceedings, must strictly abide by the relevant provisions of this law and other laws.

Fourth State security organs shall, in accordance with law, handle criminal cases endangering State security, performing the same functions of public security organs.

The fifth people's courts exercise judicial power independently in accordance with law, people's procuratorates exercise procuratorial power independently in accordance with law, not subject to interference by any administrative organ, public organization or individual. Sixth people's courts, people's procuratorates and the public security organs in conducting criminal proceedings, must rely on the masses, should be based on facts and take law as the criterion.

All citizens equality before the law, under the law, any privileges are not allowed.

Seventh people's courts, people's procuratorates and the public security organs in conducting criminal proceedings, should the Division responsible for co-ordination, check each other to ensure the correct and effective implementation of the law.

The eighth people's Procuratorate shall exercise legal supervision over criminal proceedings. Nineth citizens of all ethnic groups have the right to use their national language in action.

The people's courts, people's procuratorates and the public security organs is not familiar with the spoken language of the participants in the proceedings, they should be translated.

In minority areas or number of nationalities shall be written in the local language of the trial, with spoken text published judgments, notices and other documents.

The tenth people's Court trial, apply the system whereby. 11th people's Court trial, except as otherwise provided by this law, shall be conducted in public.

The right to defence of the accused, the people's Court has the duty to guarantee his defence.

12th without a court ruling, no one shall be found guilty.

13th people's Court trial, the system of people's assessors taking part in accordance with this law.

14th people's courts, people's procuratorates and the public security organs shall guarantee criminal suspects, defendants and other participants in the proceedings shall have the right to a defence and other rights.

Participants in the proceedings for judges, prosecutors and investigators in violation of civil rights and personal insult has the right to sue.

15th under any of the following circumstances, not criminal responsibility, the case shall be dismissed or not prosecuted, or termination of the trial or acquittal:

(A) the circumstances obviously minor, harmless, is not considered a crime;

(B) the limitations period;

(C) the amnesty from punishment;

(D) crimes under the criminal law only, no telling or withdrawn;

(E) the criminal suspect or defendant is deceased;

(Vi) other laws provide an exemption from criminal responsibility.

16th to foreigners who commit crimes should be investigated for criminal responsibility, apply the provisions of this law.

Foreigners who enjoy diplomatic privileges and immunities for the crime of criminal responsibility should be investigated and resolved through diplomatic channels.

Article 17th People's Republic of China concluded or acceded to an international treaty or in accordance with the principle of reciprocity, China's judiciary and foreign judicial authorities to requests for mutual legal assistance in criminal matters.

Chapter II jurisdiction

18th investigations of criminal cases by public security organs, except as otherwise provided by law. Crime of corruption and bribery, a State official's dereliction of duty crimes, State organ staff using the implementation of the terms of reference of the unlawful detention, torture, reprisal against violations of citizens ' personal rights, illegally searching crime crime and violating the democratic rights of citizens, by the people's Procuratorate for investigation.

For functionaries of other major crimes committed using the terms of reference, directly accepted by the people's procuratorates when needed, or above the provincial level people's Procuratorate decides, by the people's Procuratorate for investigation.

Private prosecution cases directly accepted by the people's Court.

19th basic people's courts have jurisdiction over ordinary criminal cases of first instance, except in accordance with this law by the higher people's Court of jurisdiction.

20th intermediate people's Court of jurisdiction the following criminal cases of first instance:

(A) endanger national security, terrorism cases;

(B) in cases punishable by life imprisonment or the death penalty.

21st criminal cases of first instance of the High Court, is the province's (autonomous regions and municipalities) of major criminal cases.

22nd the Supreme People's Court of first instance in criminal cases, criminal case is of national importance.

23rd superior people's Court when necessary, may try the lower court of first instance in criminal cases; lower-level people's Court considers the case significant, complex needs by the higher people's Court of the first instance criminal cases can be transferred to the people's Court at a higher level. 24th by criminal court of jurisdiction of criminal cases.

More appropriate if tried by the people's Court of residence of the defendant, by place of residence shall have jurisdiction of the defendant. 25th people's courts at the same level have jurisdiction over a case, accepted by the initial court trial.

When necessary, can be transferred to the main criminal court.

Article 26th unknown jurisdiction of the superior court to the lower-level people's courts of cases, you can also specify the lower court to transfer the case to another court.

27th special people's courts the jurisdiction over cases separately.

Chapter III to avoid

28th judicial personnel, prosecutors, investigators, one of the following circumstances, it shall voluntarily withdraw, the parties and their legal representatives have the right to request him to withdraw:

(A) is this case litigant or is litigant's close relative;

(B) himself or his close relatives and have a stake in this case;

(C) served as a witness, expert witness, Defender or agent ad litem in the case;

(D) other relationships with the parties to the case, which may affect the impartial handling of the case.

29th judicial, procuratorial and investigatory personnel shall accept any parties and its delegates a treat or gift, shall not violate the provisions of the meeting client and its authorized person. Judge, procurator or investigator who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.

The parties and their legal representatives have the right to request him to withdraw.

30th challenge judges, prosecutors, investigators, should be decided by the President, the Attorney-General, the head of the public security organs, respectively; withdrawal of the President, and by decision of the Judicial Committee of the Court; the Attorney General and the head of the public security organs to avoid, decided by the people's Procuratorate at the procuratorial Committee.

Avoidance of investigators before a decision is made, investigators could not stop the investigation of the case.

The decision to dismiss the application for withdrawal, the parties and their legal representatives may apply for reconsideration once.

31st on the provisions of this chapter apply to clerks, interpreters and experts.

Defender or agent ad litem can be avoided, in accordance with the provisions of this chapter requirements apply for reconsideration.

The fourth chapter defence and representation 32nd criminal suspects and defendants in addition to exercising the right to defend himself, you can appoint one or two persons as his defenders.

The following persons can be appointed Defender:

(A) a lawyer;

(B) persons who recommended the criminal suspect or the defendant belongs;

(C) guardians, relatives of suspects and defendants.

Is being deprived by law of criminal punishment or restricting freedom of the person shall not act as counsel. 33rd criminal suspect investigation organ for the first time since being examined or the date of the coercive measures, the right to appoint a defender; during the period of investigation, only a lawyer as defender.

Defendants have the right to appoint a defender at any time. Investigative organs at the first interrogation of a criminal suspect or suspects when coercive measures, it shall notify the criminal suspect has the right to appoint a defender. The people's Procuratorate shall from the date of receipt of the materials submitted for examination and prosecution of cases within the 3rd, it shall notify the criminal suspect has the right to appoint a defender. Within the 3rd days of court handling the case, inform the defendant has the right to appoint a defender.

Criminal suspects and the accused in custody request appoint a defender, the people's courts, people's procuratorates and the public security organ shall promptly transmit its request.

Criminal suspects and the accused in custody, or by their guardians, next of kin on behalf of Entrust.

Defender accepted, the defendant Agency shall promptly inform the cases to authorities. Article 34th, the defendant due to financial difficulties or for some other reason does not entrust, themselves and their close relatives can apply to the legal aid agency.

Meets the conditions for legal aid, legal aid institution shall appoint a lawyer to defend them.

Criminal suspects and the accused is blind, deaf, mute, or has not completely lost mental patients to recognize or control his own conduct, does not entrust, people's courts, people's procuratorates and the public security organ shall notify the legal aid agency to assign lawyers to defend them.

Suspects and defendants may be sentenced to life imprisonment, the death penalty, does not entrust, people's courts, people's procuratorates and the public security organ shall notify the legal aid agency to assign lawyers to defend them.

35th Defender is based on facts and law, presented, the defendant was guilty, minor or mitigated, is exempted from criminal materials and advice, maintenance, the defendant's litigation rights and other legitimate rights and interests.

The 36th defence lawyers can provide legal assistance for suspects during the investigation agency complaints, charges; apply coercive measures; to the investigating authorities to understand criminal suspects were arrested for the offences and the relevant circumstances of the case, comment. 37th defence counsel can meet and correspond with the criminal suspect or defendant in custody.

Other defenders, licensed by the people's courts and people's procuratorates can also meet and correspond with the criminal suspect or defendant in custody.

Defence solicitors practising certificate, proof of law firm and Attorney or legal aid letters asking to meet the criminal suspect or defendant in custody, detention center should arrange meets, no later than 48 hours. Crimes against State security, terrorism, particularly major bribery cases, the lawyer meets with the criminal suspect in custody during the investigation, shall be licensed by the investigating authorities.

The case mentioned above, investigation organ shall notify in advance the detention center. Defence lawyer meets with the criminal suspect or defendant in custody, can know the relevant circumstances of the case, provided legal advice and so on; from the date of transfer to prosecute the case, you can verify with the criminal suspect and the defendant on the evidence.

When defence counsel meet with criminal suspects and defendants not to be listening.

Defence counsel met with the criminal suspect or defendant under residential surveillance, communications, and applying the provisions of the first, third and fourth paragraphs. 38th defence lawyers since the date of the people's Procuratorate for examination and prosecution of cases may refer to, excerpt and copy the files of the case materials.

Other defenders, licensed by the people's Court, people's Procuratorate, may also consult, extract and duplicate the above-mentioned material.

39th defenders in the police during the investigation, the prosecution organs, people's procuratorates to collect proof of criminal suspects and defendants not guilty or minor evidence is not submitted, the right to apply for the people's procuratorates, people's courts obtain.

40th Defender collection related crime suspects were not at the crime scene, reach the age of criminal responsibility, belonging to the mental patient not criminally responsible according to law of evidence, shall promptly inform the public security organs and people's procuratorates.

The 41st witness and other relevant organizations and individuals, the defence lawyers agreed, you can gather material related to the case to them, may apply to the people's procuratorates and people's courts to collect or obtain evidence, or to apply for the people's Court shall notify the witness to testify.

Defense attorneys licensed by the people's Procuratorate or a people's Court, and the victim or his or her close relatives, victims, witnesses agreed that the collection of material related to the case to them.

42nd counsel or any other person, may not help, the defendant hiding, destroy or forge or falsify evidence or shall threaten, induce a witness to commit perjury as well as other acts of interference proceedings of the judiciary. Violation of the provisions of the preceding paragraph shall be investigated for legal responsibility according to law, defender of alleged crimes should be handled by outside counsel in charge of the case investigation of the investigation authorities.

Of counsel is a lawyer shall promptly notify their law firm or a member of the Bar Association.

The 43rd in the course of the trial, the defendant may refuse to have his defendant continue to defend him and may entrust his defence to another Defender. The 44th and his legal representatives or near relatives of the victims in public prosecution cases of supplementary civil parties and their legal representatives shall, from the date of transfer to prosecute the case, the right to appoint agents ad litem.

A case of private prosecution and their legal representatives, incidental civil action of a party or his legal representative is entitled to principal-agent at any time. The people's Procuratorate shall from the date of receipt of the materials submitted for examination and prosecution of cases within the 3rd, it shall inform victims and their legal representatives or their close relatives, the parties and their legal representatives have the right to authorize the incidental civil action law.

3rd days people's Court for handling a case of private prosecution, shall inform the private prosecutors and his legal representatives and an incidental civil action of the parties and their legal representatives have the right to entrust agents ad litem.

45th article principal-agent by reference to provisions of article 32nd. 46th defence lawyers practicing in it knows the client's situation and information, the right to confidentiality.

But, in practice, the defence counsel is aware of client or any other person, prepared or was implementing harm national security, public safety and crime of seriously endangering the safety of others, shall promptly inform the judiciary. 47th Defender or agent ad litem thinks the public security organs, people's procuratorates, people's courts and their staff the barriers to exercise his rights in accordance with the law, are entitled to the same level, or the people's Procuratorate at a higher level complaints or charges.

People's Procuratorate of complaints or charges should be reviewed in a timely manner, the case, inform the relevant authorities to remedy the situation.

The fifth chapter of evidence

48th material which can be used to prove the facts of the case, is evidence.

Evidence includes:

(A) physical evidence;

(B) documentary evidence;

(C) the testimony of witnesses;

(D) the victim statements;

(E) the confessions of suspects and defendants and justified;

(F) expert opinion;

(VII) an inquest or examination, recognition, investigative experiment, record;

(VIII) audio-visual materials, electronic data.

Evidence must be verified, as the basis for a final decision.

The 49th public prosecution the burden borne by the people's Procuratorate of the guilt of the accused in the case, the guilt of the accused in cases of private prosecution burden of proof borne by the prosecution. 50th judicial, procuratorial and investigatory personnel must be in accordance with legal procedures, collecting can be confirmed, the defendant's guilt or innocence, all evidence of the seriousness of the crime. Is strictly forbidden to extort confessions by torture and threats, enticement, deceit or other unlawful methods of collecting evidence, may be compelled to prove his guilt.

Must ensure that citizens of all case-related or to understand the case, sufficient to provide evidence of conditions in an objective manner, except in special circumstances, you can absorb them to assist in the investigation. 51st request for approval of arrest, the people's Procuratorate's bills of public security organs, the people's Court shall judgments must be faithful to the truth.

Deliberately conceal the truth, should be held accountable. 52nd people's courts, people's procuratorates and the public security organs shall be entitled to the units and individuals collect or obtain evidence.

The relevant units and individuals shall provide evidence.

Administrative law-enforcement and administrative organs in handling cases collected physical evidence, documentary evidence and audio-visual material, electronic data and other evidence, can be used as evidence in criminal proceedings.

Involves State secrets, business secrets and personal privacy, evidence must be kept secret.

Who fabricated evidence, concealing evidence or destruction of evidence, regardless of what must be investigated under the law. 53rd in all cases sentenced to be laid on evidence, investigation and study, do not believe statements.

Only ' confession, no other evidence, the defendant cannot be found guilty and sentenced to penalties no confession, the evidence is true and sufficient, the defendant is found guilty and sentenced.

Evidence is true and sufficient, shall comply with the following conditions:

(A) the fact of the conviction and sentencing are evidence;

(B) to finalize evidence verified by statutory procedures;

(C) the comprehensive case evidence, the facts beyond a reasonable doubt. 54th using illegal methods such as torture of suspects, and confession and the use of violence, threats and other illegal methods to collect the testimony of a witness, a victim statement should be ruled out.

Collecting material evidence and documentary evidence does not meet the statutory procedures, could seriously affect the administration of Justice, shall make corrections or give a reasonable explanation; cannot be corrected or give a reasonable explanation, the evidence should be excluded.

In the investigation, prosecution, trial and found the evidence should be excluded, it shall be excluded, shall not serve as basis for prosecution, prosecution decisions and judgements. 55th people's Procuratorate received a report, complaints and reports or investigators to illegal methods to collect evidence, should be investigated, verified.

Illegal methods to collect evidence for cases, should be the correct opinion constitutes a crime, criminal responsibility shall be investigated according to law.

56th during a court hearing, the judges believe that there may be 54th provisions of this law to cases of illegal methods to collect evidence, Tribunal investigating the legality of evidence should be collected. The parties and their counsel or legal representative has the right to apply to court to illegal methods to collect evidence shall be excluded.

Application exclude evidence collected by illegal means, should provide clues or material.

57th Court the validity of the evidence collected in the course of investigation, the people's Procuratorate shall to prove the legitimacy of the evidence-gathering. Existing evidence does not justify the legality of evidence collection, the people's procuratorate may request the people's Court notified investigators or other persons to appear to explain the situation; the people's courts can inform investigators or other persons to appear to explain the situation. Investigators or other persons concerned can also be asked to appear in court to explain the situation.

After notification by the people's Court, the persons concerned should appear.

Article 58th after court, confirm the 54th or to exclude the presence of this law stipulates that illegal methods to collect evidence, the evidence should be excluded. 59th witness testimony must be in court by prosecutors, the victim and the accused and defendants both evidence and verified later can be taken as a basis for ascertaining.

Identifying witnesses for intentionally giving false testimony or concealed criminal evidence of the Tribunal, shall be dealt with according to law.

The 60th the people who know the circumstances of the case, have the duty to testify.

Physiologically, mentally defective, or young, people who cannot tell right from wrong, not the right to express, not a witness.

61st people's courts, people's procuratorates and the public security organs shall guarantee the safety of witnesses and their near relatives.

Threats against witnesses and their near relatives, humiliation, beatings or retribution, and constitutes a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, they shall be given administrative penalties for public security.

62nd for crimes against State security, terrorism and mafia-style organized crime, drug-related crime cases, witnesses, expert witnesses and victims testifying in a proceeding, or any of his close relatives personal safety at risk, the people's courts, people's procuratorates and the public security organs shall take one of the following or a number of protection measures:

(A) private personal information such as real names, addresses and workplaces;

(B) not exposed to testify in measures such as appearance, voice;

(C) the prohibition of specific personnel access to witnesses, expert witnesses, victims and their close relatives;

(D) take special measures of protection against personal and residential;

(E) other necessary protective measures.

Witnesses, expert witnesses and the victim believe that due to testify at the proceedings, or any of his close relatives personal safety at risk, you can request protection from the people's courts, people's procuratorates and the public security organs.

The people's courts, people's procuratorates and the public security organs shall take protective measures, the relevant units and individuals shall cooperate with the. 63rd testified witnesses arising from the performance of an obligation incurred by transportation, accommodation, meals and other costs, should be subsidized.

Witness assistance in the operational requirements of the judiciary, be guaranteed by the Government at the same level.

Witnesses have work units, the unit shall not be deducted or disguised their salaries, bonuses and other benefits.

The sixth chapter of coercive measures

64th the people's courts, people's procuratorates and the public security organs in accordance with the circumstances of the case, the suspect or defendant can summon, bail or surveillance.

The 65th people's courts, people's procuratorates and the public security organs to one of the following circumstances, the defendant can bail:

(A) may be sentenced to public surveillance, criminal detention or simply apply a supplementary punishment;

(B) be sentenced to more than a sentence may be imposed, a guarantor does not pose a risk to the public;

(C) suffering from serious illness, unable to take care of, pregnant women or women who are breastfeeding their babies, a guarantor does not pose a risk to the public;

(D) the expiry of the period of detention, the case has not yet concluded, you need a guarantor.

Bail executed by a public security organ.

66th people's courts, people's procuratorates and the public security organs ' decisions on criminal suspects and defendants bail, shall order the criminal suspect or the defendant to provide a guarantor or pay security.

67th guarantor must meet the following criteria:

(A) not involved with this case;

(B) have the ability to fulfil obligations;

(C) be entitled to political rights and not subjected to restriction of personal freedom;

(D) have a fixed residence and income.

68th guarantor shall perform the following obligations:

(A) the supervision and the guarantor to comply with the provisions of article 69th;

(B) found the guarantor may occur or have occurred of a violation of provisions of this law article 69th, it shall report to the executive body.

Guarantor acts in violation of this law article 69th, ensure that fails to fulfill that obligation, the guarantor fine constitutes a crime, criminal responsibility shall be investigated according to law.

69th has been released on bail pending trial, the defendant shall comply with the following provisions:

(A) without permission of the executing organ shall not leave the city or County of residence;

(B) the address, place of work and contact information change, within 24 hours to report to the Executive Body;

(C) in communications subpoenaed;

(D) shall not in any way interfere with a witness to testify;

(V) not to destroy or falsify evidence or collude with others.

The people's courts, people's procuratorates and the public security organs in accordance with the circumstances of the case, order a guarantor of criminal suspects and defendants to comply with one or more of the following provisions:

(A) shall not enter the specific site;

(B) not meet or correspond with a specific person;

(C) shall not engage in a specific activity;

(D) travel documents such as passports, driver's license enforcement agencies save.

Released on bail awaiting trial, the defendant violated provisions of the preceding two paragraphs, have paid a deposit, the confiscation of part or all of deposits, and difference, order, the defendant repentance, pay back deposits, to provide a guarantor, or surveillance, be arrested.

For breach of bail provisions need to be arrested, detain suspects and defendants can be.

70th of the bail decision should be comprehensive considering the need to guarantee the normal conduct of the proceedings, is guarantor of social risk, the nature and circumstances of the case, the severity of the sentence, is guarantor of the economy and so on, determine the level of security.

Security deposit shall be the executive organ of specialized banks accounts.

71st criminal suspects and defendants on bail pending trial did not violate the provisions of this law article 69th, bail pending trial at the end of the, with the lifting of bail notice or relevant legal instruments to banks claim the refund of deposit.

72nd people's courts, people's procuratorates and the public security organs to meet the conditions of arrest, suspect or defendant in any of the following circumstances, you can monitor the live:

(A) suffering from serious illnesses, unable to take care of;

(B) pregnant women or women who are breastfeeding their babies;

(C) is unable to take care of the only dependency;

(D) because of the special circumstances of the case or cases to the needs of residential surveillance measures are more appropriate;

(E) the expiry of the period of detention, the case has not yet concluded, and surveillance measures are needed.

To meet the bail conditions, however, the defendant cannot provide a guarantor, no deposit, you can monitor the live.

Residential surveillance by the public security authorities. 73rd residential surveillance should be performed in place of criminal suspects and defendants; without a fixed domicile, can be performed in designated residence. For allegedly endangering national security, terrorist crimes, particularly serious crime, in the shelter implementation might hamper the investigation, approved by the people's Procuratorate or public security organ at a higher level, can also be performed in designated residence.

However, not in the places of detention, special case implementation.

Assigned residence residential surveillance, other than notification, shall within 24 hours after implementation of surveillance, notification is monitored over the family.

Entrust by criminal suspect or defendant under residential surveillance, the provisions of this law shall apply to the 33rd.

People's Procuratorate of assigned residence residential surveillance and implementation of supervision over the legality of the decision. 74th assigned residence residential surveillance should offset the term of sentence.

Was sentenced to public surveillance, surveillance one day credit terms one day; sentenced to criminal detention, imprisonment, watch live 2nd offset sentence day.

75th criminal suspect or defendant under residential surveillance shall observe the following provisions:

(A) without permission of the executing organ shall not leave the monitor place of residence;

(B) not be met with others without permission of the executing organ or the communication;

(C) in communications subpoenaed;

(D) shall not in any way interfere with a witness to testify;

(V) not to destroy or falsify evidence or collude with others;

(Vi) travel documents such as passports, identity documents, driving license enforcement agencies save.

Criminal suspect or defendant under residential surveillance violates the previous paragraph, if the circumstances are serious, he may be arrested; need to arrest, to detain suspects and defendants.

76th executive organs of the criminal suspect or defendant under residential surveillance, electronic monitoring, periodic inspection and other residential surveillance for monitoring of their compliance with the provisions of the monitor; during the period of investigation, the suspect's communications can be monitored live monitoring. 77th people's courts, people's procuratorates and the public security organs of criminal suspects and the accused released on bail awaiting trial shall not exceed 12 months, residential surveillance shall not exceed six months.
While living in bail, surveillance, without interruption to the investigation, prosecution and trial of the case. Found to be criminal responsibility should be investigated or expiration of a guarantor under residential surveillance shall be relieved of the bail under residential surveillance.

Lifting bail, surveillance, it shall promptly notify the guarantor under residential surveillance and the units.

78th arrests of criminal suspects and the accused, must be approved by the people's Procuratorate or a people's Court decides, executed by a public security organ.

79th on the fact that evidence of the crime, may be sentenced to imprisonment of at least, the defendant, a guarantor was not sufficient to prevent occurrence of a risk to the public the following shall be arrested:

(A) likely to commit a new crime;

(B) there is a threat to national security, public safety or public order of the real danger;

(C) may destroy or forge evidence, and interfere with a witness to give evidence or collude with others;

(D) may impose retaliation on victims or informants, the complainant;

(V) an attempt to commit suicide or run away.

The fact that evidence of the crime, they may be sentenced to penalties of more than ten years in prison, or there is evidence of crime may be sentenced to at least once an intentional crime or unidentified and should be arrested.

Bail, surveillance of criminal suspects or defendants violated the bail provisions under residential surveillance, if the circumstances are serious, he may be arrested.

The 80th public security organs are active criminals or major suspects, if any of the following circumstances, may detain:

(A) preparing crime, committing a crime or is discovered immediately after committing a crime;

(B) a victim or an eyewitness identified as his crime;

(C) in the side or if criminal evidence is found;

(Iv) attempting to commit suicide, to escape after the crime or fugitive;

(E) destroying or falsifying evidence or collude with others;

(Vi) does not tell his true name, address unknown;

(VII) committing, multiple crime, gang suspected of the crime.

81st public security organs at an offsite Executive detention, arrest, when, arrested persons detained shall notify local public security authorities, detention of arrested persons shall cooperate with local public security organs.

The 82nd for people with the following conditions, any citizen could be immediately listed public security organ, a people's Procuratorate or a people's Court for handling:

(A) committing a crime or is discovered immediately after committing a crime;

(B) list as wanted;

(C) escape;

(D) being hunted.

83rd public security organ when detaining a person, you must produce a detention warrant. After the detention, it shall immediately send the detainees detention in custody may not exceed 24 hours at the latest. In addition cannot be notified or suspected of endangering national security crimes, terrorism alerts might hamper the investigation of cases should be within 24 hours after the detention, informed the families of the detainees.

Impede the investigation of disappeared, it shall immediately inform the families of the detainees. The 84th police on detained persons, should be within 24 hours after the detention for questioning.

When I found should not have been detained, he must be immediately released and issued a release certificate. 85th when police called for the arrest of suspects, shall write a request for approval of arrest, together with the case file, evidence, be transferred to the Procuratorate at the same level for examination and approval.

When necessary, the people's procuratorate may send people to participate in a public security organ for the discussion of major cases.

86th people's Procuratorate approved the arrest, interrogation of criminal suspects; any of the following circumstances should be interrogating suspects:

(A) have questions about compliance with the conditions of arrest;

(B) criminal suspects to prosecutors at their request the presentation in person;

(C) investigative activities which could have a major violation.

People's Procuratorate approved the arrest, witnesses and other participants in the proceedings may, hear the views of Counsel Attorney requests, should hear the views of defence counsel. 87th examined and approved by the people's Procuratorate decided to arrest criminal suspects by the Attorney General.

Major cases shall be submitted to the procuratorial Committee for discussion and decision. 88th for public security organs, the people's Procuratorate approved the arrest after a review of the case, in light of the circumstances should be made for approval of arrest or the decision not to approve arrest. Approved the decision of arrest, the public security organ shall be executed immediately, and will promptly notify the people's Procuratorate of the implementation.

Disapproves the arrest, the people's Procuratorate shall state the reasons, requires supplementary investigation, and shall notify the public security organ. The 89th police on detained persons, deems it necessary to arrest shall be detained within the 3rd, to the people's Procuratorate for examination and approval.

In exceptional cases, drew attention to the examination and approval may be extended one day to 4th.

About committing, repeatedly commit crimes, gang crime a major suspect, drew attention to the examination and approval may be extended to 30th. The people's procuratorates shall, upon receiving the public security organ's requests for approval of arrest within the 7th after shall make a decision to arrest or not arrest. The people's Procuratorate disapproves the arrest, the public security organ shall be released immediately after being notified and will promptly notify the people's Procuratorate of the implementation.

On the need for further investigation, and meets the conditions for bail, surveillance, bail or surveillance in accordance with law. 90th public security organs of the people's Procuratorate's decision not to approve arrest, that when there is a mistake, you can request reconsideration, but the detained person must be immediately released. If the comments are not accepted, you can up-level people's Procuratorate reviews.

Higher people's Procuratorate shall immediately review, make a decision on whether to change, notify the subordinate people's procuratorates and the public security organs.

91st when public security organ arrested people, must produce an arrest warrant. After the arrest, it should be immediately arrested a man to jail custody.

In addition to notification shall, within 24 hours after the arrest, inform the arrested person's family. 92nd people's Court, people's Procuratorate decided to arrest individuals, the public security organ to the people's Procuratorate approved the arrest of the person, must be questioned within 24 hours of the arrest.

When I found should not have been arrested, he must be immediately released and issued a release certificate. When the 93rd, the defendant was arrested, the people's Procuratorate shall review the necessity of the detention. Do not need to continue detention, should be recommended for release or modification of compulsory measures.

Competent authorities shall inform the people's Procuratorate in less than 10th. 94th people's courts, people's procuratorates and the public security organs, if we find criminal suspects and defendants improper coercive measures shall be promptly withdrawn or changed.

Police release the arrested person or change the measure, it shall notify the original approval of the people's Procuratorate. The 95th, the defendant and his legal representatives or near relatives or counsel has the right to apply coercive measures.

The people's courts, people's procuratorates and the public security organs after receipt of the application, shall take a decision within 3rd; does not agree to change enforcement measures, it shall inform the applicant and does not agree with the reasons.

96th, the defendant is in custody cases, and not in custody during investigation under this Act, the prosecution, duration of first and second instance within, the criminal suspect or the defendant should be released needs to continue to check, trial, for criminal suspects and defendants can either bail or surveillance. 97th people's courts, the people's Procuratorate or public security organ on expiry of the statutory time limit be taken compulsory measures of crime suspects and defendants, should be released, discharged a guarantor under residential surveillance or change according to law enforcement measures.

The suspect, the accused or his legal representative, close relatives or counsel for people's courts, people's procuratorates of the expiry of the statutory time limit or police coercive measures, the right to demand the lifting of coercive measures.

98th arrest people's Procuratorate for examination and approval work, if breach of police investigation, and shall notify the public security organ to correct it, the public security organ shall notify the people's Procuratorate will correct the situation.

The seventh chapter VII incidental civil actions 99th victims ' material losses because of the defendant's criminal conduct, in the course of criminal proceedings, the right to file an incidental civil action.

Death or incapacity of the victims, legal representatives or near relatives of the victim have the right to file an incidental civil action.

If this is the loss of State property, collective property, prosecution of people's Procuratorate of the time, you can file an incidental civil action. 100th Court when necessary, take measures of Conservancy, sealing up, distraining or freezing the property of the defendant. Incidental civil action of the plaintiff or the people's procuratorate may request the people's Court to take protective measures.

People's Court to take protective measures and apply the relevant provisions of the civil procedure law.

101th an incidental civil action of court case, efforts may be made, or according to material damage judgments or orders of the situation.

102th incidental civil litigation trial in conjunction with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases can only be after the criminal trial, by the same trial organizations continue to collateral civil action.

During the eighth chapter, served on

103th period calculated by the hour, day, month.

During the time and day is not during. Statutory time period shall not include travelling time.

Appeals or other documents have been mailed before the expiration and is not expired.

The last day of the period for the holidays, to the expiry date on the first day after the holiday, but the suspect, the accused or offenders while in custody, should be up to the expiry date shall not be extended because of the holidays.

104th parties due to unavoidable reasons or other justified reason, the time period, within the 5th after the obstacle is removed, can apply to continue should be performed prior to the expiration of the litigation.

Whether the application is allowed in the preceding paragraph, by the people's Court.

105th served with the summons, notices and other court documents shall be delivered to the addressee himself; if I were not, to his adult family member or unit to which the personnel responsible for collecting.

Recipient or the receiver refuses to accept or refuse to sign or seal, the person can invite his neighbours or other witnesses present, explain the situation, leave the file in his quarters, delivery refused written reasons on the card, date of service, signed by the person, is deemed to have been served.

Other provisions of chapter Nineth

106th article of this law, the following terms mean:

(A) "investigation" refers to the public security organs, people's procuratorates in handling the cases, specifically relating to the investigation and in accordance with law enforcement measures;

(B) "party" refers to the victims, the private prosecutor, suspects, defendants, plaintiffs and defendants in incidental civil actions;

(C) "legal representatives" refers to the principal's parents, adoptive parents, guardians and institutions have the responsibility to protect, representatives of the groups;

(D) "participant" means the parties, legal representatives and agents ad litem, counsel, witnesses, experts and translators;

(E) "agent" refers to the victims in public prosecution cases, his legal representatives or near relatives, a case of private prosecution and its legal representatives delegates to participate in the proceedings and the parties and their legal representatives shall authorize the incidental civil action on behalf of people who participate in the proceedings;

(F) "close relatives" means husband, wife, father, mother, son, daughter, brothers and sisters.

Part two filing a case, investigation, and prosecution

Chapter Office

107th public security organ or the people's Procuratorate found that crime or a criminal suspect, shall, in accordance with the jurisdiction, on file for investigation.

108th any unit or individual found to be delinquent or criminal suspects, have the right and duty to the public security organ, a people's Procuratorate or people's court reporting or reporting.

Victims of violations of their personal and property rights to the crime or a criminal suspect has the right to report to the public security organ, a people's Procuratorate or a people's Court or charged. Public security organ, a people's Procuratorate or people's Court reports, complaints and information, should be accepted.

That do not fall under its jurisdiction, it shall transfer the authority and notify the informant, complainants or informants; does not fall under its jurisdiction, must take urgent measures, urgent measures should be taken, and then transferred to the competent authority.

Perpetrator turned himself in to the public security organ, a people's Procuratorate or people's Court, and applicable provisions of the third paragraph. 109th reports, complaints and information may be filed in writing or orally.

Accepting oral reports, complaints and information staff should be a written record, read correctly, by the informant, complainants and informants as a signature or seal. Receiving complaints and information staff shall be made to the complainant or informant on false accusations should bear legal responsibility.

However, as long as no fabrication of facts, falsification of evidence, a complaint or report that does not accord with, even divisions of the wrong, false accusations, too strict a distinction. Public security organs, people's procuratorates and people's courts shall insure the informant, complainants and informants and its close relative security.

The informant, complainants or informants if you prefer not to disclose their name and reports, complaints and information, should be kept confidential for them. 110th people's courts, the people's Procuratorate or public security organ for the reports, complaints, reports and surrender of material, shall, in accordance with the jurisdiction, review quickly, when deemed delinquent criminal shall be filed; that there is no crime or crime obviously minor, when it is not criminal, not filed, and informed of the reasons for not filing charges against people.

Charged if unruly, he may apply for reconsideration. 111th people's procuratorate considers that public security organs should be on file for investigation cases without investigation or victims think that public security organs should without investigation of cases on file for investigation, submit to the people's Procuratorate, people's Procuratorate, public security organs should be required give reasons for not filing.

Formation of people's procuratorate considers that public security organs ' is not a reason, it shall notify the public security organ case, the public security organ after receiving the notice shall be filed. 112th article private prosecution cases, the victim has the right to sue to the people's Court directly. Death or incapacity of the victim, the victim's legal representatives or near relatives shall have the right to bring a lawsuit.

People's courts should be legally admissible.

Chapter II investigation

Section I General provisions 113th public security organs of the criminal case has been filed, shall carry out investigations, collect or obtain the suspect's guilt or innocence, minor crimes or evidence of heavy materials.

Active criminals or major suspects can legally detain, to meet the conditions for arrest criminal suspects should be arrested.

114th public security organ after investigation, the fact that evidence of the crime cases should pre-screen, verify to collect or obtain evidence.

115th, the parties, the defenders and agent ad litem, interested persons to judicial organs and their staff of any of the following acts, the right to petitions or complaints to the authorities:

(A) the expiry of the statutory time limit taken compulsory measures, not be released, discharged or alteration;

(B) shall return the bail is not refunded;

(C) unrelated to the case to seal up, distrain, freeze measures against the property;

(D) shall cancel the sealing up, distraining, freezing does not end;

(E) the embezzlement, misappropriation, distribute, change, breach of the requirement to use sealing up, distraining or freezing of property. Organs accepting the petitions or complaints shall be promptly disposed of. Disposition, can contribute to the people's Procuratorate at the complaints cases directly accepted by the people's Procuratorate, higher people's Procuratorate complaints.

People's Procuratorate to review the complaint shall, without delay, the case, inform the relevant authorities to remedy the situation.

Section II interrogation of criminal suspects 116th interrogating a criminal suspect must be conducted by a people's Procuratorate or public security organ of the investigators.

When questioned, the investigators shall be at least two people.

After the suspect was handed over to the custody of the detention center, the investigators to carry out inquiries, should be carried out in the detention center. 117th does not require arrest, detention of suspects, suspects can be summoned to the crime cities and counties within the specified location or to his residence for questioning, but should show evidence of the people's Procuratorate or public security organ.

Found at the scene of the crime suspect, present a working document, verbal summons, it should be indicated in the record of an interrogation.

Summons and issue lasted no more than 12 hours; case is particularly significant and complex, require detention, arrest, summons and issue a time should not exceed 24 hours. Not continuous disguised forms of summons and issue a detention of criminal suspects.

Summons and issue a criminal suspect, should ensure the suspect food and needed time to rest. 118th investigators when interrogating suspects, criminal acts should first ask the criminal suspect, he stated the circumstances of his guilt or innocence plea, then put questions to him. Investigators question suspects should answer truthfully.

But the problem has nothing to do with this case, have a right to refuse to answer.

When detectives in interrogating suspects, and truthfully inform the criminal suspects of their crimes can be lenient laws.

119th interrogation suspects of deaf, dumb, and should have the participants can communicate deaf or mute gestures, and this written record. 120th interrogation should be suspect to check for which no reading ability, should be read to him. If there is any omission or mistake, the suspect may submit additions or corrections. Suspect admits record without error, they shall sign or affix their seals. Investigators should also sign the record. Requests on their own written statement from the suspect, shall give its permission.

When necessary, the investigators may also ask the criminal suspect to write a personal statement.

121th when investigators interrogating a criminal suspect can be audio or video of the interrogation process; for cases punishable by life imprisonment or the death penalty or other major criminal cases shall be audio or video of the interrogation process.

Audio or video recording shall implement and maintain integrity.

Section III asked the witness The 122th investigators question witnesses, can be carried out on site or to the unit, the place of domicile or witness where the witness, when necessary, you can notify the witness to a people's Procuratorate or public security organ to provide testimony.

Witnesses at the scene, should present a working document, to the unit, the place of domicile or witness where the witness asked the witness shall present proof of a people's Procuratorate or public security organ.

Witnesses should be individually.

123th witnesses, should be informed that he should truthfully provide evidence, testimony or intentionally giving false testimony or concealed criminal evidence to take legal responsibility.

120th of the 124th article of the law provides that also applies to witnesses.

125th questioning of victims, this section shall apply to all articles.

Fourth inspection and examination 126th investigators for crime-related places, objects, people, the body shall conduct an inquest or examination.

When necessary, may be assigned or hire people with expertise, conduct an inquest or examination under the auspices of the investigators.

127th no units and individuals that have an obligation to protect the crime scene, and to immediately notify the public security organ to send officers to hold an inquest.

128th investigators to conduct an inquest or examination must be in possession of proof of a people's Procuratorate or public security organ.

129th for unidentified bodies, Anatomy of the public security organs have the right to decide and notify the family members of the deceased.

130th in order to identify victims, suspects some of the characteristics, injury or physical condition, you can check the personal, fingerprint information can be extracted, collected blood, urine and other biological samples.

If a criminal suspect refuses to be examined, investigators when it deems it necessary, you can force the check.

Check the woman's body, should be carried out by female officers or doctors.

131th inspection and examination of record information shall be made by the participants in the inquest or examination and the witness to the signature or seal.

132th cases when people's Procuratorate's examination, inspection and examination of the public security organ deems it necessary when retesting, review, may require retesting, review of public security organs, and may send procurators to participate in.

133th in order to identify the merits, when necessary, approved by the head of the public security organs may conduct investigative experiments.

Investigative experiment shall be a written record, signed by the participants or sealed.

Investigative experiment, prohibiting all dangerous, degrading, or immoral behavior.

The fifth section search

134th in order to collect evidence and track down the perpetrators of the crime, investigators may suspect and might be hiding a criminal or criminal evidence of the person's body, goods, accommodation, and other relevant local searches.

135th no units and individuals, there are obligations in accordance with the requirements of the people's procuratorates and the public security organs, surrendered can prove a criminal suspect's guilt or innocence of physical evidence, documentary evidence, audio-visual material and other evidence.

136th to conduct a search, the person to be searched must be a warrant.

At the time of the arrest, detention in the event of an emergency, do not warrant separate can also be searched.

137th in the search time, there should be the person to be searched or his family members, neighbours or other witnesses.

Search a woman's body, should be carried out by female officers. 138th search should be a written record by the investigator and the person to be searched or his family members, neighbours or other witnesses to the signature or seal.

If the person to be searched or his family members at large, or refuses to sign or seal shall be indicated in the record.

Sixth section attachment, seizure of material evidence and documentary evidence

139th found in investigative activities used to prove a suspect's guilt or innocence of all kinds of property, documents, should be sealed up or seized property, regardless of the case file, shall not be sealed up or seized.

To seal up or seize property, file, be properly kept or sealed shall not use, replacement or damage.

140th to seal up or seize property, document, shall, together with the presence of a witness and seal up or seize property, file holder carefully checked, two copies of a detailed list on the spot, held by investigators, witnesses and signed or stamped, one to the holder, and a separate volume for future reference.

141th investigators feel the need to arrest a criminal suspect mail, Telegraph, when approved by the public security organ or the people's Procuratorate, notification messages related to the post and telecommunications offices, Telegraph liable to seizure.

When you do not need to continue the seizure, shall immediately notify the post and telecommunications offices. 142th people's procuratorates and the public security organs according to the needs of crime investigation, inquire about, freeze the suspects in accordance with provisions of deposits, remittances, bonds, stocks, funds and other property.

Relevant units and individuals shall meet.

Criminal suspects ' deposits, remittances, bonds, stocks, shares and other assets had been frozen, not frozen.

143th of seizure, seizure of property, documents, mail, telegrams or frozen deposits, remittances, bonds, stocks, shares, property, identified as irrelevant to the case, should be within the 3rd lift the sealing up, distraining, freezing, be refunded.

The seventh section identification

144th article in order to identify cases, cases when certain special issues need to be addressed should be assigned or invited to identify people with expertise.

145th after an appraiser for appraisal should be written expert opinions, and the signature.

Defendant intentionally false identification, shall bear legal responsibility. 146th investigating organs should be used as evidence of expert opinion, inform the criminal suspect and the victim.

If the suspects, victims apply to supplementary identification or recertification.

147th article during the psychiatric examination to criminal suspects are not included in the period of handling.

Eighth section of the technical investigation measures

148th public security organ after placing, for crimes against State security, terrorism and the mafia-organised crime, major crime cases of drug-related crimes, or other serious harm to society, according to the needs of crime investigation, strict approval procedures, technical measures can be taken.

After placing the people's Procuratorate, for major embezzlement and bribery cases terms and the use of serious infringement of citizens ' personal rights of major criminal cases, according to the needs of crime investigation, strict approval procedures, technical measures can be taken, in accordance with the provisions of the relevant authorities.

Hunt is wanted or approval, decided to arrest a fugitive suspect, defendant, after approval, you can take the necessary technical measures to hunt. 149th approval decisions should be based on the detection of crime need, determine the kinds of technical investigation measures and application objects. Approval decision within three months from the date of issue is valid.

Do not need to continue technical investigation measures, shall promptly discharged and for complex and difficult cases, technical investigation measures are necessary to continue the expiry of approval, can be prolonged, may not exceed three months.

150th technical investigation measures must be in strict accordance with the applicable object type, and duration of implementation of measures approved.

Investigators of the technical investigation measures known in State secrets, business secrets and personal privacy, confidential; unrelated to the case of technical investigation measures to obtain materials, must be destroyed in time.

Technical investigation measures to obtain material shall only be used for criminal investigation, prosecution and trial, and may not be used for other purposes.

Public security organs in accordance with the technical investigation measures, relevant units and individuals shall coordinate with, and the information to be kept confidential. 151th in order to identify the merits, when necessary, by the head of the public security organs decided, by the person concerned concealed their identities to implement investigations.

However, not soliciting a crime shall not be likely to endanger public safety or serious physical danger.

Relating to payment of contraband such as drugs or property crimes, the public security organs according to the needs of crime investigation, in accordance with the provisions of the implementation of controlled deliveries. 152th in accordance with the provisions of this section shall take measures to gather the material can be used as evidence in criminal proceedings.

If you use this evidence could jeopardize the physical safety of the person concerned, or other serious consequences, they should take the staff not to reveal identity and technical protection measures, such as, when necessary, either out of court by the judge to verify the evidence.

Nineth day wanted

153th articles if a criminal suspect should be arrested on the run, the public security organ may issue a warrant, to take effective measures to pursue him for arrest.

Public security organs at all levels within the areas of their jurisdiction, may directly issue arrest warrant; areas beyond their jurisdiction, shall be submitted to the superior organ of the right to determine release.

The tenth section investigation 154th on the criminal suspect in custody during investigation after arrest shall not exceed two months.

Expiration of a case is complex and cannot be of a case can be approved by the people's Procuratorate at a higher level be extended by one month.

155th due to special reasons, should not be brought to trial in a long time of a particularly serious and complex case, tried by the Supreme People's Procuratorate reported to the Standing Committee of the national people's Congress approved an extension.

156th following cases in this law article 154th cannot detect the end of the expiration, approved by the provincial, autonomous regional and municipal people's Procuratorate or decision can be extended for two months:

(A) transportation is very grave and complex cases in remote areas with limited mobility;

(B) major crime cases;

(C) committing grave and complex cases;

(D) covers a wide range of crimes, cases of major complex evidentiary difficulties.

157th suspects might be sentenced to ten years in prison or more penalties pursuant to section 156th extension expires, still cannot detect the end, approved by the people's procuratorates of provinces, autonomous regions and municipalities or decision may be extended by two months.

158th in the investigation period, found the suspect and another important crimes, since the discovery of the date in accordance with the provisions of article 154th recalculate the detention period for investigation. Suspects do not tell his real name and address, unknown, you should investigate their identities, the detention period for investigation self clearing the date on which the status, but may not put an end to its investigation and evidence of criminal acts.

Crime facts are clear, the evidence is true and sufficient, it did not identify them or prosecution, trial by its name. 159th in the case before the end of the investigation, requested by defence counsel, investigating authorities should listen to the views of defence counsel, and for the record.

Written submissions by defence counsel, shall be attached to the volume.

160th police investigation of a case shall be criminal facts are clear, the evidence is true and sufficient, and write for prosecution, transferred to the Procuratorate at the same level in conjunction with case files and evidence review and refer the case to inform the suspect and his counsel.

161th during the process of investigation, found no criminal suspect's criminal responsibility, the case shall be dismissed; suspects have been arrested, should be released immediately and issued a release certificate, and inform the original arrest of a people's Procuratorate.

11th joint investigation of cases directly accepted by the people's procuratorates

The 162th investigation of cases directly accepted by the people's Procuratorate shall apply the provisions of this chapter. 163th cases directly accepted by the people's Procuratorate in accordance with this law, the 79th, 80th circumstances prescribed in the fourth, the fifth, need to arrest and detention of criminal suspects, the people's Procuratorate's decision, executed by a public security organ.
164th in cases directly accepted by the people's Procuratorate of people detained, shall, within 24 hours after the detention for questioning.

When I found should not have been detained, he must be immediately released and issued a release certificate. 165th in cases directly accepted by the people's Procuratorate of people detained, deems it necessary to arrest, should take a decision within the 14th. In exceptional circumstances, decide to arrest may be extended one day to 3rd.

Need not have been arrested, he shall be released immediately; on the need to continue the investigation, and meets the conditions for bail, surveillance, bail or surveillance in accordance with law.

166th people's Procuratorate for investigation of a case, it shall make a decision to initiate public prosecution, not to prosecute or to dismiss the case.

Chapter III prosecution

167th where needed to prosecute cases shall be decided by the people's Procuratorate for examination.

168th cases when people's Procuratorate's examination, you must identify:

(A) clear on the facts and circumstances of the crime, whether the evidence is true and sufficient, and charges of a criminal nature found is correct;

(B) the person with no omissions and other criminal responsibility should be investigated;

(C) it belongs to should not be held criminally responsible;

(D) an incidental civil action;

(E) investigation is legitimate.

169th people's Procuratorate for public security organ has transferred cases brought, shall take a decision within one month, big, complex cases can be extended for half a month.

People's Procuratorate the prosecution case, changes jurisdiction from altered people's Procuratorate period counted from the date of receipt of the case review. 170th people's Procuratorate's examination of cases should be interrogating a criminal suspect, hear the views of counsel, the victim and his agents ad litem, and documented.

Defender, the victims and the law provided a written submission, shall be attached to the volume.

171th people's Procuratorate's examination of cases, you can request the police to provide the evidence necessary for the Court believed there may be 54th provisions of this law with illegal methods to collect evidence, you can ask the legality of description of the evidence collected.

People's Procuratorate for examination of cases, the need for supplementary investigation can be returned to the public security organ for supplementary investigation or investigation itself. Cases where supplementary investigation, shall, within one month, complete the supplementary investigation. Supplementary investigation is limited to secondary.

After additional investigation has been completed and transferred to the people's Procuratorate, people's procuratorates to recalculate the review period.

Second supplementary investigation of cases, people's procuratorates are still considered insufficient evidence, does not meet criteria should be made the decision not to prosecute.

172th facts of people's procuratorate considers that criminal suspects have been identified, the evidence is true and sufficient, shall be investigated for criminal responsibility according to law, it shall make a decision, in accordance with the provisions of jurisdiction and prosecute to the people's Court, and the case file, transferred to the people's Court of evidence.

173th suspects without criminal facts or circumstances provided for in this law when the 15th, people's procuratorates should be made not to prosecute.

For minor crimes, in accordance with the provisions of the criminal law need not be given of punishment or be exempted from punishment, the people's procuratorate may decide not to prosecute. People's Procuratorate decides not to prosecute the case, should be seized while the investigation, seizure, freezing of property remove sealing up, distraining, freezing. Charge needs to be given administrative punishments, administrative punishments or need to confiscate its illegal income, procuratorate the prosecution opinion, forwarded to the competent authorities.

The competent authority shall promptly notify the people's Procuratorate. The 174th's decision not to prosecute, shall be publicly announced and no service of the decision not to prosecute people and his unit.

If the charge is in custody, he shall be released immediately. 175th transferred cases brought for public security organs, the people's Procuratorate decides not to prosecute, not to prosecute should be served on the public security organs.

Police believe that the decision not to prosecute when there is a mistake, you can request reconsideration, if the comments are not accepted, you can up-level people's Procuratorate reviews. 176th for cases where the victim, decided not to prosecute, the people's Procuratorate shall no decision in writing to the victim. If the victim refuses to May 7th after the receipt of the written decision within higher people's Procuratorate complaints and requests prosecution. The people's Procuratorate shall inform the victim will review the decision. Maintained on people's Procuratorate decided not to prosecute, the victim may bring a lawsuit. Victims may or may not appeal directly to the Court.

After the Court accepted the case, and people's Court of the people's Procuratorate shall transfer the relevant case material. 177th for people's procuratorates, in accordance with the method provided for in the second paragraph of article 173th of the decided not to prosecute, not to prosecute if the unruly, may 7th after the receipt of the written decision to the people's Procuratorate within complaint.

The people's Procuratorate shall make review decision, notify the person is not to be prosecuted, with a copy to the public security organs.

Part III trial

Chapter judicial organization

178th basic people's Court and intermediate people's courts of first instance in cases should be tried by three people or of judges and three people's assessors collegial, but grass Court summary proceedings of the case can be tried by a judge alone.

The higher people's Court, the Supreme People's Court of first instance in case, should be tried by three to seven people or of judges and people's assessors were a collegial panel composed of three to seven.

People's assessors in court to perform their duties, judges are entitled to equal rights.

Court cases of appeal or protest, conducted by a collegial panel composed of three to five.

Number of members of the collegial panel shall be an odd number. By the Dean or President of a collegial panel shall designate a person to serve as the presiding judge.

When the President or the Chief Judge to participate in trials, he was the presiding judge. 179th collegial comment when differences of opinion should be by majority decision, but minority views should write to the record.

Review notes signed by the members of the collegial panel. After the 180th collegial hearings and deliberations, decisions should be made. Difficult, complex and important cases, a collegial Panel found it difficult to make decisions, up to the full attention of the President of the trial Committee for discussion and decision.

Decision of the Judicial Committee, collegial panel shall execute.

Chapter II procedure of first instance

First public prosecution cases

181th people's Court after a review of the prosecution's case, expressly charged with crimes in the indictment, it shall decide the trial.

182th people's Court after the trial decision shall determine the members of the collegial panel, copy of the Bill of a people's Procuratorate no later than 10th hearing served on the defendant and his defenders.

Before the trial, the judge may convene public prosecutor, the parties, the defenders and agent ad litem, avoidance, witness lists, illegal evidence exclusion, of trial-related issues, understand the situation and listen to the views. After the date set for court hearing shall notify the people's Procuratorate of time and place of the hearing, summon the parties and informed the Defender or agent ad litem, witnesses, experts and interpreters, and summons and notices no later than 3rd before the hearing.

Open trial of the case, should be announced in court prior to 3rd case, the defendant's name, court time and place.

This case record shall be written and signed by the judge and the court clerk. 183th Court of first instance in the case shall be heard in public.

But cases involving State secrets or individual privacy, not be heard in public; cases involving trade secrets, the Parties apply for not hearing, can not be heard in public.

Cases heard in public shall be announced in court hearing a reason.

184th people's Court trial prosecution cases, the people's Procuratorate should attend court favour.

185th session time, the presiding judge shall ascertain if all the parties to appear and announce; announced the collegial panel, the court clerk, the public prosecutor, Defender or agent ad litem, experts and translators list shall inform the parties of the right to the collegial panel, the court clerk, prosecutors, expert witnesses and interpreters for challenge; inform the defence rights of the accused.

186th after prosecutors read out the indictment in court, defendants, victims may present crime indictment, prosecutors may interrogate the defendant.

Victim, plaintiff and defender in an incidental civil action and law, the permission of the presiding judge, the defendant can ask questions.

The judges may interrogate the defendant.

187th public prosecutor, the parties, or disagrees with the Defender or agent ad litem of the witness testimony, and the testimony of a witness has significant impacts on the conviction and sentencing of the case court think it necessary that the witness testifying, witnesses should testify in court.

Police witnessed crime when carrying out his duties as a witness to testify, provisions of the preceding paragraph shall apply. Public Prosecutor, the parties, or disagrees with the Defender or agent ad litem for expert opinion, appearance of the people's Court deems the appraiser is necessary, experts testify.

After notification by the people's Court, expert witness refused to testify, the expert opinion shall not be used as a basis for ascertaining.

188th after notification by the people's Court, witnesses without justifiable reason not to testify, court to force him to appear, but except for the defendant's spouse, parents, children. Witnesses without justifiable reason refuse to appear in court or appear in court after refusing to testify, be admonished, in serious cases, approved by the President and sentenced to between 10th of detention. Be punished who disagrees with the decision on detention, can higher level people's Court for reconsideration.

Not be suspended during the period of reconsideration. 189th witnesses to testify, the judge shall inform him to provide testimony or intentionally giving false testimony or concealed criminal evidence to take legal responsibility. Defender or agent ad litem by the permission of the presiding judge and public prosecutor, the parties may put questions to witnesses, expert.

When presiding judge considered questions of content not relevant to the case and should be stopped.

Judges may question witnesses and expert witnesses. 190th prosecutors, defenders should be produced to the Court material evidence for the parties to identify, testimony of a witness for absentee notes, identification of expert opinion as evidence, transcripts, and other instruments, it should be read out in court.

Judges shall hear the opinion of the public prosecutor, the parties, the defenders and agent ad litem.

191th during a court hearing, collegial panel has doubts, it may announce an adjournment, to investigate and verify the evidence.

Court investigation to verify evidence, to conduct an inquest or examination, seizure, seizure, identification and inquire about, freeze.

192th during a court hearing, the parties, the defenders and agent ad litem is entitled to notice of new witnesses, obtain new material evidence, applications for new expert evaluation or inspection.

The public prosecutor, the parties, and defender or agent ad litem may apply to the Tribunal to inform people with expertise in court, experts made comments on the expert opinion.

Court for the application, it shall make a decision on whether to agree to.

Expertise of the person to appear in the second paragraph, for identification of the requirement.

193th during a court hearing, on conviction and sentencing-related facts, evidence should be investigated, and debate.

By the permission of the presiding judge, public prosecutor, the parties, the defenders and agent ad litem for evidence and the circumstances of the case to express their views and to debate with each other.

After the presiding judge has declared conclusion of the debate, the defendant has the right to final presentation. 194th in the course of a trial, if the participant or bystander violates the order of the Court, the presiding judge shall warn him to stop. Not to be stopped, could be forced out of the Court in serious cases, a fine of less than 1000 Yuan or 15th ' detention. Fines, detention shall be subject to the approval of the President. Be punished who is dissatisfied with a decision on fines, detention, can higher level people's Court for reconsideration.

Not be suspended during the period of reconsideration.

Gathers the Court or insult, slander, threats, assault and judicial staff or participants in the proceedings, seriously disrupting the order of the Court, constitute a crime, criminal responsibility shall be investigated according to law.

After the 195th in the final statement of the accused, the presiding judge called a recess, the collegiate bench reviewed, based on the facts and evidence have been identified and the relevant statutory provisions, and make the following decisions:

(A) the facts of the case, the evidence is true and sufficient, according to the law the defendant is found guilty, guilty verdict should be made;

(B) in accordance with the law the defendant is found innocent, should be acquitted;

(C) lack of evidence should not be considered that the guilt of the accused should be made for insufficient evidence, the alleged crime is not an acquittal.

196th judgement, are open to the public. Court judgement shall judgments in less than 5th served on the prosecution of the parties and the people's procuratorates regularly deliver judgment, immediately after announcement of the judgment should be served on the parties and the prosecution of a people's Procuratorate.

Judgment should serve both Defender or agent ad litem.

197th judgments shall be signed by the judge and the court clerk, and clearly state the period within which to appeal and the Court of appeal.

198th in the courtroom during the trial, in the event of any of the following circumstances, affect the conduct of the trial, a hearing may be postponed:

(A) necessary to summon new witnesses, obtain new material evidence, new expert evaluation or inspection;

(B) the prosecution of the procurators find that a case for supplementary investigation recommendations;

(C) because of the trial and not for challenge.

199th in accordance with this law, 198th adjournment of cases under this article, the people's procuratorates shall, within one month, complete the supplementary investigation.

No. 200 in the course of the trial, any of the following circumstances, the case to continue sitting in a long time, and may suspend proceedings:

(A) the defendant suffer from serious illness, and unable to appear in court;

(B) the defendant escaped;

(C) the private prosecution suffer from serious illness and unable to appear in court, has appointed an agent ad litem to appear in court;

(D) due to unavoidable reasons. Suspension reason disappear, should resume the trial.

Suspension period not included in the trial period.

Article No. 201 all activities of the Tribunal, should be determined by the court clerk a written record by presiding judge after reviewing, signed by the presiding judge and the court clerk. Witness testimony part of the court record shall be read out in court or to the witness to read.

Witness admits no error, they shall sign or affix their seals. The court record shall be given to Parties read or read to him. Parties of any omission or mistake, he may request additions or corrections.

Party acknowledges that no error, they shall sign or affix their seals. Article No. 202 when a case of public prosecution shall be accepted within two months after the verdict, no later than three months.

For the possible imposition of the death penalty cases or cases of incidental civil action, and provides one of the 156th of this law, approved by the people's Court at a higher level, and can be extended for three months due to exceptional circumstances also need to be extended and submitted to the approval of the Supreme People's Court.

Change the people's Court jurisdiction over a case, change the date on which the Court received the case after trial period.

People's Procuratorate of supplementary investigation cases, after additional investigation has been completed and transferred to the people's Court, people's courts to recalculate the time limit.

No. 203 people's Procuratorate found in court proceedings in violation of the law, the right to corrections to the peoples Court.

Section II cases of private prosecution

Article No. 204 cases of private prosecution include the following:

(A) the cases only;

(B) victims have evidence to prove that the minor criminal cases;

(C) the victims have evidence to prove that the defendants violated their personal and property rights shall be investigated for criminal responsibility, and the public security organ or the people's Procuratorate of not to pursue cases of criminal responsibility of the accused.

After the people's Court for a case of private prosecution Review No. 205, respectively under the following circumstances:

(A) the criminal facts are clear, there is sufficient evidence of the case, should a trial;

(B) lack of evidence of cases of private prosecution if the private prosecutor cannot give additional evidence should convince private prosecutors withdraw his prosecution, or shall be rejected.

Private prosecutors twice summoned by law, without any justified reason, refuses to appear, or without the permission of the Court he leaves, by withdrawing treatment.

During a court hearing, the judges appear according to a question requires investigation to verify, this law shall apply to provisions of the 191th. Article No. 206 court cases of private prosecution may mediate private prosecutor before the pronouncement of a judgment, settlement or withdrawal of a private prosecution of the accused.

Third item No. 204 of this law does not apply in cases of mediation.

Term of the court case, the accused is in custody, application No. 202 of this Act and the provisions of the second paragraph of article; not in custody, should be accepted within six months after the sentencing. Article No. 207 cases of private prosecution proceedings, the defendant in the process, private prosecution may raise a counterclaim against.

Counterclaims provisions of private prosecution shall apply.

Section III summary procedure

Section No. 208 basic people's courts have jurisdiction in cases that meet the following criteria may be applied to summary justice:

(A) in cases of clear facts and sufficient evidence;

(B) crimes committed by the defendant to admit, has no objection to alleged criminal facts;

(C) the accused has no objection to summary proceedings.

When people's Procuratorate for prosecution, can suggest that people's courts of summary proceedings.

Article No. 209, one of the following circumstances shall not apply to summary procedure:

(A) the defendant is blind, deaf or mute person, or has not completely lost mental patients to recognize or control his own conduct;

(B) have a significant social impact;

(C) in part common crime the defendant pleads not guilty or of objection to summary proceedings;

(D) other inappropriate application of summary procedure.

Section No. 210 cases of summary procedure, the following penalties may be sentenced to three years in prison, a collegial panel composed of trial, or by a single judge alone trials may be sentenced to imprisonment for more than three years, and shall form a collegial panel for trial.

Which summary procedure is a case of public prosecution, the people's Procuratorate shall send representatives to attend the Court.

Section No. 211 cases of summary procedure, the judge shall ask the defendant accused of the crime of opinion, inform the defendant of summary proceedings before the law, to confirm whether the accused agrees to apply summary procedure.

Article No. 212 of summary procedures for the adjudication of cases, and permitted by the judge, the defendant and his defenders may, with the public prosecutor, the private prosecutor and his agents ad litem to debate with each other. Article No. 213 of summary procedures for the adjudication of cases, and not affected by the duration of the first section of this chapter relating to the service, the interrogation of the accused, witnesses, expert witnesses and presentation of evidence, courtroom procedures subject to the provisions of.

But before the judgment is pronounced the final statement of the defendant shall be heard.

Section No. 214 summary trials, the people's Court concluded in the 20th after accepting; they may be sentenced to imprisonment for more than three years, may be extended to 1.5 months.

No. 215 people's Court during the trial, found not suitable for summary proceedings shall, in accordance with the provisions of section II of the first section of this chapter or a new trial.

Chapter III procedure of second instance Article No. 216, private prosecutors and their legal representatives of the accused, appealed against the local people's courts at all levels tried at first instance judgments or orders, right to the pleadings or oral higher people's Court of appeal.

The defender and close relatives of the accused, the accused agrees, you can appeal.

Incidental civil action of the parties and their legal representatives, to the local people's courts at all levels tried at first instance judgments and orders of incidental civil action in part, lodged an appeal.

On the defendant's right to appeal, must not be deprived on any pretext.

Article No. 217 local people's procuratorates at all levels that the level of the Court of first instance judgment or order is definitely incorrect, should be higher level people's court challenge. Article No. 218 and the legal representatives of the victims appealed against the judgment of local people's courts at all levels tried at first instance, within the 5th since the judgment is received, the right to request the people's Procuratorate protest.

The people's Procuratorate shall receive up to 5th after the request of the victim or his legal representative, shall make a decision on whether to appeal and reply to the requesting person.

Article No. 219 10th period for sentence appeal and protest, appealed against the ruling of the 5th period for appeal and protest, received the judgment and order book of the second date.

Article No. 220 of incidental civil action of accused, the private prosecutor, the plaintiff and the defendant appealed by trial court, the trial court shall within the 3rd appeal together with the case file, transferred to the people's Court at a higher level of evidence, and a copy of the appeal to the people's Procuratorate at the same level, and the opposing party.

Incidental civil action of accused, the private prosecutor, the plaintiff and the defendant appealed directly to the Court of second instance, 3rd Court of second instance shall make trial court of appeal sent to the people's Procuratorate at and by the other party. No. 221 local people's procuratorates at all levels to judgments or orders of the people's Court at the first instance the protest shall be proposed by the trial court of protest and protest CC the people's Procuratorate at a higher level.

Trial court shall transfer the protest together with the case file, evidence the people's Court at a higher level, and will protest a copy sent to the party.

Superior Procuratorate if protest is considered improper, can be withdrawn to the people's Court at the protest, and to notify the subordinate people's Procuratorate.

Article No. 222 the Court of second instance shall judgments of first instance's findings of fact and undertake a comprehensive review of the applicable law, not subject to appeal or protest with scope restrictions.

Common crime is only part of the appeal of the defendant, the case should be reviewed should be taken.

Article No. 223 the Court of second instance for the following cases, a collegial panel shall be formed, hearings:

(A) the accused, the prosecution and the legal representatives of first instance's findings of fact and the evidence object, which may affect the appeal of the conviction and sentencing;

(B) the defendant was sentenced to death penalty appeals cases;

(C) cases of people's procuratorates protest;

(D) other court cases.

Court of second instance decides not to the hearing, shall interrogate the defendant, hearing the views of other parties, Defender or agent ad litem.

The Court of second instance hearing cases of appeal or protest, to the case occurred or where the trial court is located. No. 224 people's Procuratorate proposed a case protested by a trial or Court of second instance in public prosecution cases, people's procuratorates at the same level should attend court. The people's Court of second instance shall promptly notify the people's Procuratorate to consult the files after the trial decision. The people's procuratorates shall, within one month, check out is complete.

Consult the files not included in the trial period of time a people's Procuratorate.

Article No. 225 Court of second instance on appeal against the judgment of first instance cases of appeal or protest, after hearing, shall, in accordance with the following situations, respectively:

(A) the facts and applying the law correctly and appropriate sentencing, shall make a decision to reject the appeal or protest and upheld;

(B) the facts there are no errors, but there is an error of law, or improper sentencing should be commuted;

(C) the original judgment is unclear or insufficient evidence, can ascertain the facts and then commuted; can also rescind the original judgement and sent back to the trial court for a retrial.

Trial court in accordance with the provisions of the preceding paragraph the case sent back for a retrial following the judgement, appeal or the people's Procuratorate to lodge a protest against the defendant, the Court of second instance shall make a judgment or ruling shall not be sent back to the trial court for a retrial. No. 226 the Court of second instance trial of the accused or his legal representative, defenders or near relatives appeal cases may not increase a defendant's sentence.

The Court of second instance back to the trial court for a retrial of the case, unless new facts of the crime, indicted by the people's Procuratorate to add other than the trial court may not increase a defendant's sentence.

People's Procuratorate of protest or private prosecutor to appeal, do not be restricted by the provisions of the preceding paragraph.

Article No. 227 the Court of second instance hearing of the Court of first instance has one of the following proceedings in violation of the law, shall rule to cancel the verdict, sent back to the trial court for a retrial:

(A) violations of the provisions of this Act relating to public trial;

(B) conflict of interest regime;

(C) the deprivation or restriction of a party's legal rights, may hamper impartiality of a trial;

(D) the composition of the trial are not legitimate;

(E) other proceedings in violation of the law, which may affect a fair trial. Article No. 228 case back to the trial court for a new trial, a collegial panel shall be formed in accordance with the procedure of first instance trial.

Once the trial judgment, in accordance with Article No. 216, No. 217, No. 218, can an appeal or protest.

Article No. 229 the second Court of first instance ruled that the appeal or protest, after review, reference should be made to section No. 225, No. 227 and the provisions of Article No. 228, respectively, ruled to reject the appeal or protest, or revoke or change the original decision.

Article No. 230 Court of second instance back to the trial court for a retrial of the case, case back to the trial court from receiving date, recalculates the time limit.

No. 231 of the people's Court of second instance shall try cases of appeal or protest procedure, other than is provided for in this chapter, refer to the procedure of first instance provided. Article No. 232 Court of second instance cases of appeal or protest shall be concluded within two months.

For the possible imposition of the death penalty cases or cases of incidental civil action, and provides one of the 156th of this law, approved by the higher people's courts of provinces, autonomous regions and municipalities, or decisions may be extended for two months due to exceptional circumstances also need to be extended and submitted to the approval of the Supreme People's Court.

Supreme Court cases of appeal or protest time limit, determined by the Supreme People's Court.

No. 233 of the judgment or ruling, and the Supreme People's Court of second instance shall judgments or orders, all judgments and orders of final instance. Article No. 234 public security organs, people's procuratorates and people's courts to seal up, distrain, freeze, the defendant's property and its fruits, shall keep, for verification, and making manifest, with the case. No unit or individual may misappropriate or to deal with. The legitimate property of the victims shall be promptly returned.

Of contraband or items not suitable for long-term preservation, should be dealt with in accordance with the relevant provisions of the State.

Using real case as evidence, should not be transferred to, and its listing, photos or other documents should be transferred together with the case.

People's Court's decision, should the sealing up, distraining or freezing of property and its fruits. After the entry into force of the people's Court judgment, competent authorities shall, in accordance with the judgment of sealing up, distraining or freezing property and processed fruits.

To seal up, distrain, freeze illicit money and goods and its fruits, apart from the law returned to the victim, shall be turned over to the State Treasury.

Justice on embezzlement, misappropriation or disposes of sealing up, distraining or freezing of property and its fruits, criminal responsibility shall be investigated according to law; do not constitute a crime, the offender.

The fourth chapter of the death penalty review procedure

Article No. 235 of the death penalty approved by the Supreme People's Court. Article No. 236 intermediate people's Court sentenced to death penalty cases of first instance, the defendant does not appeal, should be determined by the higher people's Court after a review and approval of the Supreme People's Court for approval.

Supreme Court does not agree with the imposition of the death penalty, may be brought or sent back for a retrial.

Higher people's Court sentenced to death the first instance of the defendant does not appeal, and the imposition of the death penalty cases of second instance, shall be submitted to the Supreme People's Court for approval.

Article No. 237 cases of intermediate people's Court sentenced to death penalty with a two-year, approved by the higher people's Court.

No. 238, the Supreme People's Court review of death penalty cases, the higher people's Court review of death penalty with a reprieve of the cases should be conducted by a collegial panel composed of three. No. 239, the Supreme People's Court review of death penalty cases, should be made to approve or not to approve the death penalty ruling.

Does not approve of the death penalty, the Supreme Court can be sent back for a retrial or revision.

No. 240, the Supreme People's Court review of death penalty cases, shall interrogate the defendant, requested by defence counsel, should hear the views of defence counsel. In the process of review of death penalty cases, the Supreme People's Procuratorate can make recommendations to the Supreme People's Court.

The Supreme People's Court review of death sentences should be communicated the result of the Supreme People's Procuratorate.

The fifth chapter of the trial supervision procedure

No. 241, the parties and their legal representatives or near relatives, have been legally effective judgments or orders, can appeal to the people's Court or Procuratorate, but cannot stop execution of the judgment or ruling.

Article No. 242 or his legal representative, a close relative of the complaint in accordance with one of the following circumstances, the people's Court shall retry the case:

(A) there is new evidence that the original judgment or written order identified facts do have errors, which may affect the conviction and sentencing;

(B) as the basis for the conviction and sentencing of evidence, inadequate, should be excluded by law or that of major contradictions between the evidence of the facts of the case;

(C) the law applicable to the original judgment or order is definitely incorrect;

(D) proceedings in violation of the law may hamper impartiality of a trial;

(E) when the judges in the trial of the case, there is corruption, favoritism and perverts. No. 243 people's courts at all levels in our hospital has been legally effective judgments and orders, if you find errors in identification in fact or in law, must be submitted to the trial Committee.
The Supreme People's Court on the people's courts at all levels have been legally effective judgments and orders, the superior people's Court to the lower court judgments and orders have the force of law, if an error is found, right to trial or to order the lower court for trial.

Supreme People's Procuratorate, people's courts at all levels have been legally effective judgment or order, the people's Procuratorate at the lower court judgments and orders have the force of law, if an error is found, is entitled to in accordance with the procedure for trial supervision proposed to the people's Court at the protest.

People's Procuratorate of retrying a case, accepted the protest of the people's Court shall form a collegial panel to hear, for the original judgment is unclear or insufficient evidence, it may direct the lower-level people's Court for retrial.

No. 244 superior people's Court instructions lower people's courts retried, instructions other than the trial court should be lower-level people's courts; heard by the trial court is more appropriate, or may direct the trial court to hear. No. 245 people's Court in accordance with the procedure for trial supervision for a retrial of the case, heard by a trial court, should be collegial.

If it turns out to be cases of first instance, shall, in accordance with the procedure of first instance trial, judgment or ruling made, appeal or protest if turned out to be cases of second instance, or superior people's Court for trial cases should be carried out in accordance with the procedure of second instance trial, judgment or ruling made, is a judgment or order of the Court of final appeal.

Court hearing the retrial of cases, people's procuratorates at the same level shall send representatives to attend the Court.

Section No. 246 Court decided to retry the case, defendant needs to take measures of constraint by the people's Court shall decide; people's Procuratorate to lodge a protest against a retrial, need to take coercive measures against defendant, by the people's Procuratorate shall decide.

People's Court in accordance with the procedure for trial supervision of trials, may decide to suspend implementation of the original judgment or written order.

No. 247 people's Court in accordance with the procedure for trial supervision for a retrial of the case shall be made within three months from the date of the trial, retrial decision concluded, necessary to extend the period shall not exceed six months.

Accepted the protest trial a case protested by a people's Court trial supervision procedure, trial apply to the time limit prescribed in the preceding paragraph; necessary to direct people's courts retried, shall accept the appeal within one month from the date of decision, apply to the time limit prescribed in the preceding paragraph of the lower court.

Title IV implementation

Section No. 248 judgments and orders after having the force of law enforcement.

The following judgments and orders are legally effective judgments and orders:

(A) the statutory time limit has passed no judgment or order of the appeal or protest;

(B) the judgments and orders of final instance;

(C) the death penalty approved by the Supreme People's court verdict and the high people's Court approved the death sentences with a two-year sentence.

Article No. 249 first-instance people's Court found the defendant not guilty, exempted from criminal punishment, if the accused is in custody, shall be released immediately after the verdict.

No. 250 of the death penalty approved by the Supreme People's Court and sentenced to immediate execution of judgment shall be by order of the Supreme People's Court issued the death penalty.

Criminals sentenced to death sentences with a two-year, during the reprieve period, if not an intentional crime, the reprieve expires shall be commuted, and written comments presented by the executive authorities, and report to the higher people's Court ruled an intentional crime, the verified, should be executed, shall be reported by the higher people's Court approved by the Supreme People's Court. Article No. 251 subordinate court after receiving the Supreme People's Court on execution of the command should be executed within seven in the 7th.

But found to have one of the following circumstances, it shall suspend execution and immediately report to the Supreme People's Court, the Supreme People's Court ruled:

(A) before the execution found that judgment may be wrong;

(B) before executing the criminal exposes major criminal facts or renders other significantly meritorious service, may need to be revised;

(C) the offender is pregnant.

First item of the preceding paragraph, the second stop after the implementation of the reason, must be reported to the Supreme People's Court issued the order of execution can perform; as the third reason stopping the implementation of the preceding paragraph, shall be submitted to the Supreme People's Court according to law to be revised.

Article No. 252 when in front of the death sentence to be executed, it shall notify the people's Procuratorate at the spot supervising.

The death penalty by firing squad or injection method of execution.

Within the places of detention specified in the execution of the death penalty or executed. Judicial officers of the command, the offender should be positively identified, questioned whether the last words, letters, and then deliver the Executive Officer in the execution of the death penalty.

Before the execution, if you find that there may be an error, the execution shall be suspended and reported to the Supreme People's Court ruled.

Execution shall be published should not be displayed. After the execution of the death penalty, should present the court clerk a written record.

Executed by the people's Court shall report the execution of the death penalty the Supreme People's Court.

After the execution of the death penalty, executed by the people's Court shall notify the criminal's family members.

Section No. 253 criminal was executed penalty when, after the entry into force of the judgment shall be executed by the people's Court within the 10th service of legal instruments related to the public security authorities, prisons, or other executive bodies. To be sentenced to death penalty with a two-year reprieve, life imprisonment, imprisonment of offenders, the public security organs shall deliver the criminal to prison sentences. The sentenced offender, was executed before the punishment, the remainder in the following three months, performed by the detention center.

Criminals sentenced to criminal detention, executed by a public security organ.

On juvenile delinquents shall be executed in juvenile correctional penalties.

Executing organ shall promptly taken into custody of offenders, and to notify the criminal's family members.

Criminals sentenced to fixed-term imprisonment, criminal detention, execution expires, it should be by the Executive authority shall issue a certificate of release.

Section No. 254 of the offenders sentenced to fixed-term imprisonment or criminal detention, any of the following circumstances, you can temporary execution of:

(A) there is seriously ill and needs medical parole;

(B) pregnant women or women who are breastfeeding their babies;

(C) unable to take care of, application of temporary execution outside prison are not a danger to society.

Criminals sentenced to life imprisonment, of the circumstances prescribed in the preceding paragraph, you can temporary execution outside prison.

To apply for medical treatment may be a risk to the public of offenders, or self-inflicted self-destructive criminals shall not be released for medical treatment.

A serious disease on the offenders must be released on medical parole, issued by the provincial people's Government appointed hospital diagnosis and supporting documents.

Before delivery of the Executive, of temporary execution outside prison executed by court decision; delivery after implementation of temporary execution outside prison by prison or detention center provided a written submission, more than the provincial prison administration authorities or districts of city-level public security organ above. Article No. 255 prisons, pretrial detention centres of temporary execution of written opinions, written comments should be a copy of a people's Procuratorate.

The people's procuratorate may submit written comments to the decision or approval authority. Decision No. 256 or approval of temporary execution of temporary execution of decisions should be CC, a people's Procuratorate.

People's procuratorate considers that temporary execution outside prison inappropriate, shall within one month from the date of receiving notification of the written comments sent to the decision or approval of temporary execution outside prison authorities, decision or approval of temporary execution outside prison authorities after receiving the written observations of the people's Procuratorate shall immediately verify again the decision.

Article No. 257 of temporary execution of criminals, any of the following circumstances shall be promptly jailed:

(A) found not to meet the conditions of temporary execution outside prison;

(B) serious violations of the provisions concerning temporary execution of supervision and control;

(C) temporary execution outside prison gone, criminal sentence has not expired.

For the people's Court of temporary execution of criminals should be in prison, decided by the Court, service of legal instruments relating to the police, prison or other enforcement agencies. Does not meet the conditions of temporary execution of criminals is temporary execution outside prison through bribery and other illegal means, during the period of service not included in the enforcement of sentences.

Offenders during the period of temporary execution outside prison escape, not included in the enforcement of sentences during the escape.

Criminals died during temporary execution outside prison, the Executive authority shall promptly inform the prison or detention center.

Article No. 258 is sentenced to public surveillance, declared probation, parole and temporary execution of criminals, and implemented community correction in accordance with law, carried out by community corrections agencies. Section No. 259 of the offenders sentenced to deprivation of political rights, executed by a public security organ.

Execution expires, which shall be notified in writing by the executive bodies and their units, and grass-roots organizations.

Article No. 260 of criminals sentenced to fines, expired does not pay, the people's Court shall compel him to pay; if an irresistible disaster has true difficulty in paying, may decide to reduce or remit.

Section No. 261 confiscation judgements, whether imposed or applied independently, are executed by the people's courts; when necessary, jointly with the public security organs.

Article No. 262 of criminals in prison and crime or found a verdict of not guilty when the offence, the executing authority transferred to the people's Procuratorate for handling. Criminals sentenced to public surveillance, detention, fixed-term imprisonment, or life imprisonment, during the implementation of true repentance or meritorious service, shall give commutation and parole when the proposals presented by the executive authorities, audit submitted to the people's Court ruled that copy to the people's Procuratorate and proposals.

The people's procuratorate may submit written observations to the Court. Article No. 263 people's Court people's procuratorate considers that commutation and parole decisions properly, 20th after the copy of the receipt of the order, make corrections in writing to the Court.

Court shall within one month after receipt of the correct new collegial hearing, make a final determination.

Article No. 264 in prisons and other executive bodies in the penalty, if you believe that there is an error or a criminal complaint should be referred to a people's Procuratorate or enforceable in the court process. No. 265, the people's procuratorates shall implement the active supervision over the legality of the execution of sentences.

If found to be illegal, it shall notify the executive organs to correct.

Part v of the special procedures

First chapter of juvenile criminal proceedings

Article No. 266 minors to crime, education, persuasion and redemption policy, adhere to the principles of education, punishment as a supplement.

The people's courts, people's procuratorates and the public security organs in handling juvenile criminal cases shall guarantee minors to exercise their litigation rights, protection of minors legal help, and is familiar with the physical and mental characteristics of minors the judges, prosecutors and investigators to undertake.

Section No. 267 of juvenile criminal suspects, the defendant has not appointed counsel, the people's courts, people's procuratorates and the public security organ shall notify the legal aid agency to assign lawyers to defend them.

No. 268, the public security organs, people's procuratorates and people's courts dealing with juvenile criminal cases, based on growth of juvenile criminal suspects and defendants can be experienced, causes crime, custody and education survey. Section No. 269 of the juvenile suspects or defendants shall be restricted to the application of arrest measures.

People's Court people's Procuratorate approved the arrest and arrest should be questioning juvenile suspects, the accused, hear the views of defence counsel.

On detention, arrest and execution of sentences minors should be held separately from adults and management education, respectively. Section No. 270 for juvenile criminal cases, at the time of interrogation and trial, it shall notify the legal representatives of the juvenile suspects or defendants arrived at the scene. Cannot be notified, the legal representative is not allowed to be present or legal agent is an accomplice, may also notify the juvenile suspect or defendant's other adult relatives, schools, organizations, residence of grass-roots organizations or protection of minors organization representatives, and relevant information on the record.

Legal representative may be exercised on his behalf present juvenile suspects, the defendant's litigation rights. Legal representatives or other persons present considered investigators during questioning, trial in violation of the legitimate rights and interests of minors, may submit observations.

Interrogation, court transcripts should be forwarded to the legal representative or other person to read or read to him.

Examination of female juvenile suspects should have female staff are present.

Juvenile criminal cases in the trial, after the final statement of the accused minors, their legal representatives can provide supplementary statements.

Ask underage victims, witnesses, first, second and third paragraphs shall apply. Section No. 271 for minors suspected of criminal law is the fourth, fifth and sixth chapter offences, may be sentenced to a year in prison following the penalty, in line with the conditions for prosecution, but there is repentance, people's procuratorates can make conditional the decision not to prosecute.

Prior to postponement of the decision to prosecute in a people's Procuratorate, public security organs, the victim's views should be heard.

On postponement of the decision to prosecute, police asked the review, to review or complaint of the victim, this law shall apply to the 175th, 176th, the provisions of articles.

Juvenile suspects and their legal representatives to the people's Procuratorate decided to conditionally exempt prosecution objections, the people's Procuratorate shall make the decision to prosecute. Section No. 272 in the conditional test period of no prosecution, by a people's Procuratorate shall be conditional supervision visits will not prosecute juvenile suspects.

Guardian of the juvenile suspects, juvenile crime suspects should be to strengthen discipline, with the people's procuratorates and make supervision and inspection work.

Conditional test of no prosecution for a period of six months to one year, from the people's Procuratorate attached conditions are not calculated from the date of the decision to prosecute.

Juvenile suspects indicted by the postponement, shall comply with the following requirements:

(A) compliance with laws and regulations, and submit to supervision;

(B) in accordance with the provisions on bodies reported on their activities;

(C) leave the city or County of residence or for any change shall be approved by the observing organ;

(D) in accordance with the requirements of the inspection authority to accept treatment and education.

Section No. 273 was attached not to prosecute juvenile suspects, have one of the following during the test period, the people's Procuratorate shall be dismissed postponement of the decision to prosecute, Sue:

(A) the implementation of the new crimes or found decided to attach a condition not previously there are other crimes to be prosecuted by the prosecution;

(B) violating the regulation or inspection body attached regulation on supervision and management of the prosecution, if the circumstances are serious.

Juvenile suspects indicted by the postponement, without such cases during the test period, expiry of the trial, the people's Procuratorate shall make the decision not to prosecute. Article No. 274 trial of cases when a defendant under the age of 18, not heard in public.

However, the juvenile defendant or his legal representative agrees, juvenile defendants schools and minors protecting organization may send its representative to be present.

No. 275, 18 years of age at the time of the crime, was sentenced to five years in prison following sentence, should be on the relevant criminal records to be sealed. Criminal records are sealed, and shall not provide to any units or individuals, but the judicial organ for handling needed except for the query or, in accordance with State regulations.

Query according to law, should be sealed criminal records be kept confidential.

Article No. 276 in handling juvenile criminal cases other than is provided for in this chapter, in accordance with the other provisions of this law.

Chapter II Party reconciliation proceedings before the public prosecution cases

Article No. 277 following a case of public prosecution, criminal suspects and defendants sincere repentance, obtained by way of damages, an apology to victims victims understanding voluntary conciliation of the victim, the parties may compromise:

(A) due to civil disputes, alleged criminal law provisions of the fourth and fifth chapters of crime cases, the following penalties may be sentenced to three years in prison;

(B) except for dereliction of crime may be sentenced to seven years in prison following outside punishment of criminal negligence cases.

Criminal suspects and the accused was intentional crimes within five years shall not apply to the procedures provided for in this chapter.

Article No. 278 of reconciliation of the parties, the public security organs, people's procuratorates and people's courts shall hear parties and other relevant staff, and voluntary, to review the legality of the reconciliation, and host of making reconciliation agreement. Article No. 279 cases reached a settlement agreement, a public security organ may clemency recommendations to the people's Procuratorate. People's Court people's procuratorate may make recommendations for lenient punishment; for minor crimes without penalty, made the decision not to prosecute.

The people's Court may, in accordance with the severity of the defendant.

Chapter III death of criminal suspects and the accused go into hiding, confiscation of illegal income programs

Article No. 280 for crime, terrorism and other serious crimes of embezzlement and bribery cases, suspects and defendants go into hiding, wanted not to case a year later, or a criminal suspect or defendant is deceased, shall be recovered in accordance with criminal law its illegal income and other property in connection with, the people's procuratorate may apply to a people's court confiscated illegal incomes.

The public security authority considers that there are circumstances set forth in the preceding paragraph, shall write a confiscation of illegal earnings representations, transferred to the people's Procuratorate.

Application for confiscation of illegal gains should provide evidence relating to the proceeds of crime, illegal materials, sets out the types of property, the number, location and the condition of sealing up, distraining, freezing.

People's Court when necessary, capable of sealing up, distraining, freezing, forfeiture of property.

Article No. 281 applications for confiscation of illegal gains, the crime or crime suspects or defendants living to the intermediate people's Court collegial hearing. After the peoples Court accepts an application for confiscation of illegal income, and shall issue a public notice. Notice for a period of six months.

The suspect, the defendant's close relatives and any other interested person have the right to apply to participate in the proceedings, or may entrust an agent to participate in the proceedings. People's Court after the expiry of the notice of applications to confiscate the illegal income for trial.

Interested parties who participated in the proceedings, court shall hold a hearing.

Article No. 282 people's Court trial, on the proceeds of an offence to have been confirmed and other persons involved in property, in addition to law returned to the victim, shall order confiscation; not part of the property shall be recovered, it shall decide to reject the application, remove the sealing up, seizing or freezing measures.

Any determination of the Court in accordance with the provisions of the preceding paragraph, the suspect, the defendant's close relatives and other interested parties and the people's procuratorate may appeal or protest.

Article No. 283 on the proceedings, fugitive, the defendant voluntarily surrendered or were captured, the people's Court shall terminate the proceedings.

Property confiscation of criminal suspects and defendants is definitely incorrect, he shall return, compensation.

Fourth chapter of not criminally responsible by law compulsory medical treatment of mental patients program

Article No. 284 of violence endangers public security or seriously endanger personal security of citizens, through legal procedure identification of mental patient not criminally responsible according to law, continued danger to society may be, can be compulsory medical treatment.

Section No. 285 of compulsory medical treatment of mental patients according to the provisions of this chapter, by the people's Court. Police found that psychiatric patients subject to compulsory medical treatment conditions, shall write a compulsory medical opinion, transferred to the people's Procuratorate. Public security organ has transferred or discovered in the investigation and prosecution process meets the conditions for compulsory medical treatment of mental patients, the people's Procuratorate shall apply to the people's Court for compulsory medical treatment.

People's courts in the adjudication of cases found that the defendant meets the conditions for compulsory medical treatment, compulsory medical treatment decisions can be made.

Violence on mental patients, in front of the Court decision forced medical, public security organs may take interim protective measures to restrain.

No. 286 people's Court has accepted the application of compulsory medical treatment, shall form a collegial panel for trial. Compulsory medical treatment cases before the Court, it shall notify the applicant or the legal representative of the accused present.

By the applicant or the defendant has not appointed an agent ad litem, the people's Court shall notify the legal aid agency to assign an attorney for legal assistance.

No. 287 people's court hearing, for the respondent or defendant meets the conditions for compulsory medical treatment shall be made within one month of compulsory medical treatment decisions.

Was decided to force the medical person, the victim or his legal representatives or near relatives of mandatory medical decision, higher people's Court for reconsideration. No. 288 compulsory medical institutions should be forced medical diagnostics to assess on a regular basis.

For not having personal danger, do not need to continue treatment, should be lifted in a timely manner, report the people's Court decided to force approval.

Compulsory medical treatment of persons and their near relatives, be entitled to apply for compulsory medical treatment.

No. 289 people's Procuratorate decided on compulsory medical supervision and implementation.

By-laws

Article No. 290 the security departments of the army's exercise of the right of investigation of criminal cases.

Cases of criminal offenders in prison by prison investigation. The security departments, prison in handling criminal cases, the relevant provisions of this law shall be applicable.

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