People's Republic of China order of the President of the 55th, the Standing Committee of the national people's Congress to amend of People's Republic of China criminal law decisions by the People's Republic of China adopted at the 11th session of the fifth national people's Congress on March 14, 2012, are hereby promulgated and, as of January 1, 2013.
People's Republic of China President Hu Jintao March 14, 2012
(March 14, 2012, adopted at the fifth session of the 11th NPC) decision of the 11th National People's Congress fifth Conference of the People's Republic of China criminal procedure as follows: A, and will second article modified for: "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.
” II, 14th paragraph modified as follows: "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.
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Deletion of the second paragraph.
Third, the 20th is revised as follows: "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.
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Four, the 31st is revised as follows: "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.
” Five, the 33rd article is revised as follows: "criminal suspect investigation organ for the first time since being questioned 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 organ 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.
"The criminal suspect or defendant in custody, or by their guardians, next of kin on behalf of Entrust. "The Defender to accept, the defendant Agency shall promptly inform the cases to authorities.
” Article VI will be the 34th is revised as follows: "criminal suspects and defendants because of financial difficulties or other reasons 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.
"The criminal suspect or the defendant is blind, deaf or mute person, 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. "Criminal 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.
” Seven, the 35th is revised as follows: "defenders are 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.
” Eight, add one, as the 36th article: "defense 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.
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Article nine, the 36th to second, as the 37th, 38th, is revised as follows: "37th defence lawyers 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.
"Defense lawyers 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 national 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. "The 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.
"Defense lawyers 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.
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Ten, two-section, as the 39th and 40th:
"The 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.
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Article XI the 38th to 42nd and amended as: "the defendants or anyone else, 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. "Violations 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.
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12, two, as the 46th and 47th: "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.
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Under article 13, the 42nd to 48th and amended as: "material which can be used to prove the facts of the case, is evidence.
"The evidence includes:
"(A) physical evidence;
"(B) the documentary evidence;
"(C) the testimony of witnesses;
"(D) the victim statements;
"(E) confessions of suspects and defendants and justified;
"(Vi) expert opinion;
"(G) an inquest or examination, recognition, investigative experiment, record;
"(VIII) audio-visual materials, electronic data. "The evidence must be verified, as the basis for a final decision.
” 14, the addition of an article, as the 49th: "the guilt of the accused in the case of public prosecution the burden borne by the people's Procuratorate, the guilt of the accused in cases of private prosecution burden of proof borne by the prosecution.
” Section XV, the 43rd to 50th and amended as: "judges, procurators and investigators 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.
” Under article 16, the 45th to 52nd, adding a paragraph, as the second paragraph: "the Administration collected during the administrative law enforcement and deal with cases of physical evidence, documentary evidence and audio-visual material, electronic data and other evidence, can be used as evidence in criminal proceedings.
” The second to the third paragraph, is amended as: "involves State secrets, business secrets and personal privacy, evidence must be kept secret.
” 17, the 46th to 53rd and amended as: "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.
"The 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 integrated case evidence, the facts beyond a reasonable doubt.
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18, add five, as the 54th, 55th, 56th, 57th, 58th,: "54th using illegal methods such as torture of crime suspects and defendants, and using violence, threats and other illegal methods to collect the testimony of a witness, a victim statement, should be excluded.
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.
"The 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.
"The 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. "58th after court confirmation or to exclude the presence of this law article 54th to illegal methods to collect evidence, the evidence should be excluded.
” Section 19, the 47th to the 59th and amended as: "the testimony of witnesses must be in court after the public prosecutor, the victim and the accused and defendants after cross-examination and verified on both sides, as the basis for a final decision. Identifying witnesses for intentionally giving false testimony or concealed criminal evidence of the Tribunal, shall be dealt with according to law.
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20, adding two, 62nd, 63rd,:
"The 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) the private personal information such as real names, addresses and workplaces;
"(Ii) 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 deduction from their wages, bonuses and other benefits.
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Under article 21, the 51st to 65th and amended as: "the 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.
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22, will be the 55th to 68th and amended as: "the guarantor shall perform the following obligations:
"(A) the supervision and the guarantor to comply with the provisions of article 69th;
"(Ii) found that the guarantor may occur or have occurred of a violation of provisions of this law article 69th, it shall report to the executive body. "The 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.
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23, the 56th to three, as the 69th, 70th, 71st, and be amended as:
"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;
"(Ii) not to meet or correspond with a specific person;
"(C) shall not engage in a specific activity;
"(D) passports and other travel documents, driving 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 violation of the bail provisions need to be arrested, detain suspects and defendants can be.
"The 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.
"The 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.
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24, added three as the 72nd, 73rd, 74th:
"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;
"(Ii) a pregnant woman or a woman is breast-feeding her own baby;
"(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 organs. "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.
The "assigned residence residential surveillance, other than notification, shall within 24 hours after implementation of surveillance, notification is monitored over the family.
"The criminal suspect or defendant under residential surveillance entrust, the provisions of this law shall apply to the 33rd.
"The people's procuratorates shall be assigned residence residential surveillance and implementation of supervision over the legality of the decision. "Designated the 74th place 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.
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Article 25, the 57th to 75th and amended as: "the 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;
"(Ii) 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. "The 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. "26, an article shall be added, as the 76th article:" the 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.
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Under article 27, the 60th to 79th and amended as: "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;
"(E) 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 suspects, the accused in violation of the bail provisions under residential surveillance, if the circumstances are serious, he may be arrested.
” Under article 28, the 64th to 83rd, and modified the second paragraph to read: "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.
” 29, the 65th to 84th and amended as: "public security organs of detained persons shall 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.
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30, the addition of an article, as the 86th said: "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) suspects to prosecutors at their request the presentation in person;
"(C) the investigation 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.
” 31, the 71st to 91st, modified the second paragraph to read: "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.
” 32, the addition of an article, as the 93rd article: "criminal suspects and the accused following his arrest, 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.
” Section 33, the 52nd to 95th and amended as: "the criminal suspect and 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.
” Under article 34, the 74th to 96th and amended as: "cases of criminal suspects and the accused is in custody, 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.
” Section 35, the 75th to the 97th and amended as: "the people's Court, people's Procuratorate or public security organ on expiry of the statutory time limit be taken compulsory measures of crime suspects or defendants should be released, release bail 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.
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36, the 77th to two, as the 99th, 100th and amended as: "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.
” 37, the addition of an article, as the 101th: "the people's Court is a collateral civil action, efforts may be made, or according to material damage judgments or orders of the situation.
” Under article 38, the 79th to the 103th, adding a paragraph, as a fourth paragraph: "the last day of the period for the holidays, 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.
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39, the addition of an article, as the 115th article: "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;
"(V) corruption, misappropriation, distribute, transfer, breach of the requirement to use sealing up, distraining or freezing of property. "Authorities for accepting complaints or charges 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.
” Article 40, the 91st to 116th, an additional paragraph, second paragraph: "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.
” Under article 41, the 92nd to the 117th and amended as: "need not have been arrested, detained 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. "Shall not be disguised as a continuous summons and issue a detention of criminal suspects. Summons and issue a criminal suspect, should ensure the suspect food and needed time to rest.
” Under article 42, the 93rd to the 118th, an additional paragraph, second paragraph: "When detectives in interrogating suspects, truthfully inform the criminal suspects of their crimes can be lenient laws.
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43, the addition of an article, as the 121th: "When detectives 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 should be full, to retain its integrity.
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Section 44, by deleting the 96th. Under article 45, the 97th to 122th, the first paragraph is amended as: "investigators to 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.
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46, by deleting the 98th second paragraph. Under article 47, the 105th to 130th, the first paragraph is amended as: "in order to identify the victim, 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.
” Article 48, the 108th replaced the 133th, the first paragraph is amended as: "in order to identify the merits, when necessary, approved by the head of the public security organs may conduct investigative experiments.
” Addition of a paragraph, as the second paragraph: "investigative experiments of record shall be made by the participants in the experiment who signed or sealed.
” Article 49, the 110th to 135th and amended as: "any units or 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.
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50, the second section of chapter II of the addendum to the sixth section, 158th in the "attachment" is amended as "sealing up, distraining."
Under article 51, the 114th to 139th and amended as: "found in the 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.
” Under article 52, the 115th to 140th, amended to read: "to seal up or seize property, file, 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. ”
Article read 142th article 53, the 117th, amended to read: "the 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.
” Article 54, the 118th to 143th, amended to read: "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.
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Article 55, the 120th to 145th and amended as: "the expert after evaluating should be written expert opinions, and the signature. "The defendant deliberately make a false identification, shall bear legal responsibility.
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In article 56, the 121th, 157th "conclusion" is amended as "expert opinion".
57, chapter in title II, section added after the seventh, as the eighth day:
"The eighth section 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 needs of crime investigation, 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.
"The 150th article 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.
"The technical investigation measures to obtain material shall only be used for criminal investigation, prosecution and trial, and may not be used for other purposes.
"The 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.
"Involving 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.
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Under article 58, the 128th to 158th and amended as: "during the period of investigation, 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. "The suspect does 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.
” 59, addition of an article, as the 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.
” Section 60, the 129th to 160th and amended as: "the 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.
” Section 61, the 133th to 164th and amended as: "in cases directly accepted by the people's Procuratorate of persons in detention, 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.
” Article 62, the 134th to 165th and amended as: "in cases directly accepted by the people's Procuratorate of persons 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.
” Section 63, the 139th to 170th, amended to read: "the people's Procuratorate for 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.
” Article 64, the 140th to 171th, modify the first paragraph as follows: "people's Procuratorate for 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.
” The fourth paragraph is amended as: "for the second time a supplementary investigation cases, people's procuratorates are still considered insufficient evidence, does not meet criteria should be made the decision not to prosecute.
” Article 65, the 141th to 172th and amended as: "the 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.
” In 66, the 142th article 173th shall be replaced by, the first paragraph is amended as: "the criminal suspects without criminal facts or circumstances provided for in this law when the 15th, people's procuratorates should be made not to prosecute.
” Third paragraph as follows: "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.
” Section 67, the 150th to 181th and amended as: "the people's Court after a review of the prosecution's case, expressly charged with crimes in the indictment, it shall decide the trial.
”
Section 68, changes the 151th 182th and amended as: "the 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.
” Under article 69, the 152th read 183th and amended as: "the people's Court of first instance in case should be open to the 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. "The cases heard in public shall be announced in court hearing a reason.
” 70, 153th articles shall be replaced by the 184th and amended as: "the people's Court trial the prosecution case, the people's Procuratorate should attend court favour.
”
71, added two articles, as the 187th, 188th:
"The 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.
"The police witnessed the crime when carrying out his duties as a witness to testify, provisions of the preceding paragraph shall apply. "The 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.
"The 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.
” Section 72, the 159th to 192th, an additional paragraph, second paragraph: "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.
” Addition of a paragraph, as a fourth paragraph: "the expertise of the person to appear in the second paragraph, for identification of the requirement.
”
Article 193th to article 73, the 160th and amended as: "during a court hearing, on conviction and sentencing-related facts, evidence should be investigated, and debate.
"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.
” Article 74, the 163th to 196th, the second paragraph is amended as: "the 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.
” Under article 75, the 164th to 197th and amended as: "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.
” Section 76, the 165th to 198th, third is revised as follows: "due to requested to withdraw rather than trial.
”
77, the addition of an article, article No. 200: "during the course of trial, any of the following circumstances, the case to continue sitting in a long time, may suspend proceedings:
"(A) the defendant suffer from serious illness, and unable to appear in court;
"(Ii) 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;
"(Iv) due to unavoidable reasons. "Suspension reason disappear, should resume the trial. Suspension period not included in the trial period.
” Under article 78, the 168th read No. 202, the first paragraph is amended as: "the people's Court for 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.
” 79, 172th shall be replaced by Article No. 206 is amended as: "the people's Court of cases of private prosecution, can 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. "The people's Court is a case of the term, 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.
”
80, change the 174th Article No. 208 is revised as follows: "the 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) where the defendant admits that he committed an offence, 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.
”
81, the addition of an article, article No. 209: "have any 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.
”
Article 82, the 175th to No. 210 and amended as: "the summary proceedings cases, 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, shall form a collegial panel for trial. "In which summary procedure is a case of public prosecution, the people's Procuratorate shall send representatives to attend the Court.
” 83, the addition of an article, article No. 211: "use of summary procedures for the adjudication of cases, 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 84, the 176th to No. 212, is revised as follows: "use 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.
” 85, the 177th to Article No. 213 is amended as: "use 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.
” Under article 86, the 178th to No. 214 and amended as: "use of summary procedures for the adjudication of cases, 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.
”
87, the 187th to Article No. 223, first paragraph is amended as: "the people's 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) the cases of people's procuratorates protest;
"(D) other court cases. "The Court of second instance decides not to the hearing, shall interrogate the defendant, hearing the views of other parties, Defender or agent ad litem.
” 88, the 188th to Article No. 224, is revised as follows: "people's Procuratorate to lodge a protest against or Court of second instance trial of the case the prosecution case, the people's Procuratorate should attend the Court at the same level. 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 89, the 189th to No. 225, an additional paragraph, second paragraph: "the 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.
” Article 90, the 190th to No. 226, the first paragraph is amended as: "the Court of second instance trial of the defendant 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.
” Section 91, the 196th to No. 232, amended to read: "the people's 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. "The Supreme People's Court accepted cases of appeal or protest time limit, determined by the Supreme People's Court.
” Under article 92, the 198th read No. 234, amended to read: "public security organs, people's procuratorates and people's courts to seal up, distrain, freeze, the defendant's property and its fruits should be kept properly, 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.
"The Court's decision, should the sealing up, distraining or freezing of property and its fruits. "The Court's decision, after the 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.
”
Section 93, two, as Article No. 239, No. 240: "Article No. 239 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.
”
94, No. 204 shall be replaced by Article No. 242 is amended as: "complaints of the parties and their legal representatives or near relatives in line 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.
” 95, the addition of an article, as the article No. 244: "superior people's Court directive 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.
” 96, No. 206 shall be replaced by Article No. 245 is amended as: "the 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. "The people's court hearing the retrial, people's Procuratorate should attend the Court at the same level.
”
97, the addition of an article, article No. 246: "the 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. "The 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.
” Article 98, article No. 213 read No. 253, the first paragraph is amended as: "the criminals were 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.
” Modify the second paragraph as follows: "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.
”
99, No. 214 shall be replaced by Article No. 254, amended to read: "for criminals sentenced to fixed-term imprisonment or criminal detention, any of the following circumstances, you can temporary execution of:
"(A) is seriously ill and needs medical parole;
"(Ii) a pregnant woman or a woman is breast-feeding her own baby;
"(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. "Delivery before the execution, 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.
” 100, the addition of an article, 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.
” 101, No. 215 shall be replaced by Article No. 256, amended to read: "the decision 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 102, article No. 216 to No. 257 and amended as: "the temporary execution of criminals, and any of the following circumstances shall be promptly jailed:
"(A) found not to meet the conditions of temporary execution outside prison;
"(Ii) serious violations of the provisions concerning temporary execution of supervision and control;
"(C) after temporary execution of cases disappear, criminal sentence has not expired.
"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. "Do 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. "The criminals died during temporary execution outside prison, the Executive authority shall promptly inform the prison or detention center.
” 103, No. 217 shall be replaced by Article No. 258, amended to read: "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.
” 104, No. 218 shall be replaced by Article No. 259 is amended as: "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.
” 105, No. 221 shall be replaced by Article No. 262, the second paragraph is amended as: "sentenced to public surveillance, detention, fixed-term imprisonment or life sentence criminals, 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.
”
106, increases knitting, part v: "special procedures".
107, additional chapter, as part of the first chapter:
"The 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.
"Article No. 267 of juvenile suspects, the accused 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.
"No. 268 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.
"Detention, arrest and execution of sentences minors should be held separately from adults and management education, respectively. "Article 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. "The 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.
"The trial of minors in criminal cases, juvenile after the final statement of the accused and their legal representatives may provide supplementary statements.
"Ask the minor victim and witness, first, second and third paragraphs shall apply. "Article 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.
"The 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. "The conditions in annex No. 272 of non-prosecution trial period, 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.
"Postponement of prosecution for a probationary 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.
"Postponement of prosecution of juvenile suspects, 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.
"Article 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 public security regulations or inspection body attached regulation on supervision and management of the prosecution, if the circumstances are serious.
"Postponement of prosecution of juvenile suspects, 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 cases of defendants under 18 years of age, 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.
”
108, adding a chapter, title v, chapter II:
"Chapter of party reconciliation proceedings before the public prosecution cases
"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) in addition to dereliction of crime may be sentenced to seven years in prison following outside punishment of criminal negligence cases.
"Criminal suspects and defendants have intentional crimes within five years shall not apply to the procedures provided for in this chapter.
"Article No. 278 of the 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.
”
109, the addition of a chapter, title v, chapter III:
"Chapter, the defendant go into hiding illegal income confiscated, death cases program
"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.
"The 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. "The 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.
"No. 282 people's Court through the trial, 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 in the proceedings, fugitive, the defendant voluntarily surrendered or were captured, the people's Court shall terminate the proceedings. "The confiscation of property of criminal suspects and defendants is definitely incorrect, he shall return, compensation.
”
Chapter 110, increase, as the fourth chapter, part v:
"The 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.
"Article No. 285 of compulsory medical treatment of mental patients according to the provisions of this chapter, by the people's Court. "Public security organs 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.
"The decision of compulsory medical treatment, the victim and 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.
”
111, 99th, 126th, 127th, 132th, 146th, 166th, 171th, 192th, 193th the serial number in accordance with the provisions referred to in this decision and be adjusted accordingly.
Relevant sections of the criminal procedure code and the serial number in accordance with the provisions of this decision be adjusted accordingly.
This decision shall enter into force on January 1, 2013.
People's Republic of China criminal procedure be revised according to this decision, republished. (Xinhua News Agency, Beijing, March 14)
