Public security organs in handling criminal cases procedure
(December 13, 2012, the Ministry of public security promulgated as of January 1, 2013, 127th) directory
Chapter I aim and basic principles
Chapter II jurisdiction
Chapter III to avoid
Fourth chapter of lawyers ' participation in criminal procedure
The fifth chapter of evidence
The sixth chapter of coercive measures
First day issue
Section II of the bail
Section III under residential surveillance
The fourth detention
Fifth arrest
Custody of the sixth section
Seventh other provisions of section
The seventh chapter filing and case withdrawal
Section I cases
Section II filing
Section III withdrawing
The eighth chapter investigation
Section I General provisions
Section II interrogation of criminal suspects
Section III asked the witness, the victim
Fourth inspection and examination
The fifth section search
Sixth section attachment, arrest
The seventh section to inquire about, freeze
The eighth section identification
Nineth day identification
The tenth section of technical investigation
Wanted by the 11th Festival
12th section investigation
13th Festival supplement investigation
Nineth Chapter Executive
Delivery of the first criminals
Section II of commutation, parole and temporary execution outside prison
Section III of deprivation of political rights
Fourth quarter for committing new crimes
The tenth chapter of the special procedures
Section juvenile criminal proceedings
Section II Party reconciliation proceedings before the public prosecution cases
Section III criminal suspect escape, the death of illegal income confiscated program
Fourth mental patient not criminally responsible according to law for compulsory medical program
11th case collaboration
12th chapter of foreigner crime cases handled
The 13th chapter of legal assistance in criminal matters and police cooperation
14th chapter supplementary articles
Chapter I aim and basic principles
First in order to guarantee the People's Republic of China implementation of the criminal procedure law to ensure public security organs in criminal procedures properly fulfil its mandate, regulate the handling procedures to ensure quality, improve efficiency, these provisions are formulated.
Second article police organ in criminal in the 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. Third article police organ in criminal in the of basic terms, is in accordance with legal on criminal case filed, and investigation, and pre; decided, and implementation forced measures; on law not held criminal of not filed, has held of revoked case; on investigation end should prosecution of case, transferred people's Procuratorate review decided; on enough criminal punishment of crime suspects need administrative processing of, law be processing or transferred about sector; on was sentenced to shall be sentenced to of criminals, in was delivered implementation penalty Qian,
Remaining term of less than three months, carry penalties for Executive detention, deprivation of political rights, deportation. Fourth criminal proceedings the public security organs must rely on the masses, take facts as the basis and laws as the criterion.
All citizens equality before the law, under the law, any privileges are not allowed.
Fifth criminal proceedings the public security organs, people's courts and people's procuratorates the Division responsible for co-ordination, check each other to ensure the correct and effective implementation of the law.
Sixth criminal proceedings the public security organs, people's procuratorates shall be subject to legal scrutiny.
Seventh public security organs in conducting criminal proceedings, shall establish and improve and strictly enforce the responsibility of handling systems, internal law enforcement and supervision system of fault responsibility investigation system of law enforcement.
In criminal proceedings, superior public security organ found that lower-level public security organs to make decisions or cases with errors have the power to revoke or alter, also may direct the subordinate public security organs to correct them.
Lower-level public security organs of public security organs at higher levels decision must be implemented, if in error, you can also report to the public security organs at higher levels of the Executive. The eighth public security organs in handling criminal cases, should be laid on evidence, investigation and study, do not believe statements.
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.
Nineth public security organs in criminal proceedings, should guarantee crime suspects and defendants and other participants in the proceedings shall have the right to a defence and other rights.
The tenth public security organs in handling criminal cases, shall transfer to the people's Procuratorate at the request for approval of arrest, investigation and prosecution.
11th public security organs in handling criminal cases, is not familiar with the spoken language of the participants in the proceedings, they should be translated. Or number of nationalities areas inhabited by ethnic minorities, local language should be used for interrogation.
Announced by the litigation documents should use the local language.
12th public security organs in handling criminal cases, all localities and departments should strengthen collaboration and coordination among, and shall carry out an investigation, assisted by duties.
Public security organs at higher levels shall strengthen the supervision, coordination and guidance.
Article 13th People's Republic of China concluded or acceded to international treaties and bilateral agreements, multilateral cooperation Ministry of public security, or with the principle of reciprocity, China's public security organs and foreign police authorities for legal assistance in criminal matters and police cooperation.
Chapter II jurisdiction
14th provision under the criminal law, jurisdiction of criminal cases by public security organs, except for the following criminal cases:
(A) crimes of embezzlement 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 and criminal cases of infringing upon citizens, more than by the provincial people's Procuratorate has decided to file for investigation of functionaries of other major crimes committed using the terms of reference;
(B) the private prosecution cases directly accepted by the people's Court of minor victims have evidence to prove criminal cases dismissed because of insufficient evidence to prosecute, victims transferred to the public security organ or the people's Court of a complaint to the police, the public security organs shall accept and direct victims of a complaint to the police, the public security organs shall accept;
(C) military violation of duty crime and criminal cases occurred within the army;
(D) criminal offenders in prison in criminal cases;
(E) in accordance with the laws and regulations of criminal cases should be governed by other authorities. The 15th jurisdiction of criminal cases by public security authorities of the crime.
If the suspect more appropriate jurisdiction public security organ in the place of residence, by the suspects the police jurisdiction of residence. Results of crime including crime and crime take place. Crime, including crimes committed and prepared, start, passing through, end and other locations associated with the crime criminal behavior continued and sustained or continues to State, criminal conduct continuous, ongoing or continuing implementation where a crime was committed.
Crime, including object had been infringed, the actual proceeds of crime, concealment, transfer, use and sales. Residence includes the domicile or habitual residence.
Habitual residence refers to a citizen to leave the domicile where last resided for more than a year.
Law and judicial interpretation or other normative documents concerning special provisions regulating the jurisdiction of criminal cases, from its provisions.
Article 16th or crimes committed using the Internet, used to carry out criminal acts of Web server location, network access, and Web site builders or where the Manager, are violations of computer information systems and their managers is located, as well as in a crime criminals, victims of the use of computer information system of public security authorities at their place of jurisdiction.
17th criminal cases occurring on a moving vehicle, governed by transport initially docked to the public security organs, if necessary, transport origin, through, reach the public security organs may also have jurisdiction. The 18th several public security organs have jurisdiction over criminal cases, accepted by the initial jurisdiction of the public security organs.
If necessary, can be governed by major crimes to the police.
Has any of the following circumstances, the public security organs may, within its area of responsibility using detection:
(A) a person commits several crimes;
(B) a common crime;
(C) common criminal suspects or commit other crimes;
(D) the link between crimes committed more criminal suspects, using processing to identify the facts of the crime. Article 19th is unclear or disputed the jurisdiction of criminal cases, consultations can be made by the public security organs.
Through consultation, specified by a superior public security organ of the common jurisdiction.
On special criminal case, can be specified by a superior public security organ of the common jurisdiction.
20th a superior public security organ designated jurisdiction, should send a written decision on the designation of jurisdiction both served on the jurisdiction of the designated public security organs and other relevant public security organs.
Public security organs of the original case, on receipt of the superior public security agencies to other police jurisdictions after the decision, not to exercise jurisdiction, and shall transfer the case file was designated under the public security organs.
Jurisdiction of specified cases need to arrest a criminal suspect, nominated jurisdictions examined and approved by the public security organs, people's procuratorates at the same level; need to prosecute, transferred to the Procuratorate at the same level by the public security organs to review decisions.
21st County-level public security organs shall be responsible for the investigation of criminal cases in this area.
Located above city level of the public security organ responsible for significant harm national security crime, terrorism, international crime, economic crime, organized crime investigation of the case.
Superior public security organ deems it necessary, you can detect lower-level public security organs in criminal cases under the jurisdiction; inferior public security organ considers the case significant needs investigation, public security organs at higher levels of criminal case, can request that the jurisdiction of the public security organs at a higher level.
22nd against the jurisdiction of criminal cases within the public security organs, in accordance with the establishment of criminal investigations and determining the Division of responsibilities.
23rd article railway police organ jurisdiction railway system of organ, and factory, and paragraph, and hospital, and school, and by, and team, and area, units occurred of criminal case, station work regional within, and train within occurred of criminal case, railway along occurred of theft or damage railway, and communications, and power line and other important facilities of criminal case, and internal workers in railway line Shang work Shi occurred of criminal case.
Railway computer information system extends to the local rail service network, its computer information systems by railway police organs jurisdiction of criminal cases. Of cases of scalping, forging, altering train tickets from initially accepted the case of railway public security organ or the jurisdiction of the local public security organs.
If necessary, can be transferred to the major crime of railway public security organ or the jurisdiction of the local public security organs.
Railway construction site governed by local public security organs in criminal cases.
24th article traffic police organ jurisdiction traffic system of organ, and factory, and paragraph, and hospital, and school, and by, and team, and area, units occurred of criminal case, port, and Terminal work regional within, and ship within occurred of criminal case, water route occurred of theft or damage water, and communications, and power line and other important facilities of criminal case, and internal workers in lines Shang work Shi occurred of criminal case.
25th Aviation police jurisdiction system of civil aviation authorities, a factory, section, hospital, school, team, area unit, airport area, civil aircraft occurred in criminal cases. Major accident criminal cases handled by airport police jurisdiction where the crime occurred.
Criminal consequences to occur without the airport police or not within the jurisdiction of the airport police, and governed by local public security organs, public security organs on the airport to offer assistance. 26th forest public security organs under forest and wildlife resources in criminal cases, large areas of forest forest public security organs are also responsible for other investigations of criminal cases within its jurisdiction.
Failing to establish special forest police, governed by local public security authorities.
27th article customs smuggling investigation agencies People's Republic of China Customs tax incurred smuggling cases and customs supervision of non-tax-related smuggling cases in the district. 28th police investigation of criminal cases when cases involving the jurisdiction of the people's procuratorates, belong to the jurisdiction of the people's procuratorates of criminal cases should be transferred to the people's Procuratorate.
Jurisdiction of the public security organs suspected of crimes, investigation by the public security organ; alleged crime falls within the jurisdiction of the people's procuratorates and the public security organs may be required.
Police investigations involving other criminal cases the jurisdiction of the investigation of the case, the reference to the provisions of the preceding paragraph.
29th public security organs and the military division of mutual jurisdiction of criminal cases in accordance with the relevant regulations. Police and the armed police force Division of mutual jurisdiction of criminal cases in accordance with the public security authorities and the military principles of mutual jurisdiction of criminal cases Division.
Included in the sequence of the armed police force frontier crime, fire protection, security personnel, governed by public security organs.
Chapter III to avoid
The 30th head of the public security organs, detect any of the following circumstances shall himself proposed recusal, not apply withdrawal, shall order the withdrawal of 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.
The 31st head of the public security organ or investigator shall not be any of the following acts:
(A) in violation of regulations, meets with the parties to the case and their clients;
(B) solicit, accept a party to the case and the property or other interests of the client;
(C) the receiving party to the case and their clients to dinner or participate in its activities to pay fees;
(D) any other improper conduct, which may affect the fair handling of the case. Violation of the provisions of the preceding paragraph, shall be ordered to make his withdrawal and shall be investigated for legal responsibility according to law.
The parties and their legal representatives have the right to request his withdrawal.
32nd heads of public security organs, investigators apply withdrawal shall state a ground for disqualification; oral request, the public security organ shall be recorded.
The parties and their legal representatives asked the Public Security Bureau and investigators to avoid, should apply, and explain the reasons verbally to apply, the public security organ shall be recorded.
33rd the investigators avoided, decided by the head of the public security organs above the county level; withdrawal of the head of the public security organs above the county level, decided by the people's Procuratorate at the procuratorial Committee.
34th parties and their legal representatives to investigators applying for withdrawal, the public security organ shall, upon receipt of the application for withdrawal within the 2nd decision and notify the applicant accordingly; complex, approved by the head of the public security organs above the county level, can make a decision after the receipt of the application for withdrawal within the 5th.
The 35th party or his legal representative refuses to accept the decision to reject the application avoiding the, you can receive within 5th to the written decision on the application shall be rejected to avoid making a decision may apply for reconsideration of public security authorities.
Within the public security organ shall, upon receipt of the application for reconsideration, 5th to make a decision and notify the applicant in writing.
36th before decision is made, application or be requested to withdraw the Public Security Bureau and investigators shall not stop the investigation of the case.
After making the decision, application or be requested to withdraw the Public Security Bureau and investigators shall not participate in the investigation of the case.
37th decided to shy away from the Public Security Bureau, investigators in avoiding litigation activities carried out before the decision made is valid, decided by the decisions of authorities according to the circumstances of the case.
38th on the provisions of this chapter apply to record people, translators and experts.
Record people, translators and experts need to be avoided, decided by the head of the public security organs above the county level.
39th Defender or agent ad litem can be avoided, in accordance with the provisions of this chapter requirements apply for reconsideration.
Fourth chapter of lawyers ' participation in criminal procedure
40th public security organs shall insure the defence counsel practising in investigation according to law to engage in the following activities:
(A) to the public security organs know suspect the alleged offences and the relevant circumstances of the case, comments;
(B) meet with criminal suspects and communications, to the suspect to understand the relevant circumstances of the case;
(C) provide legal assistance for suspects, agents appeals and complaints;
(D) for criminal suspects to apply coercive measures. 41st public security organ at the first interrogation of a criminal suspect or suspects when coercive measures shall inform criminal suspects the right to appoint a lawyer as the Defender, and advised if, because of financial difficulties or other reasons had not appointed defence counsel, legal assistance can apply to the legal aid.
Inform's case should be recorded.
For his co-accused suspects delegate with a defence lawyer, or two or more co-defendants but the suspects of crimes committed in connection to entrust with a defence lawyer, the public security organs should request its change of defence counsel. 42nd suspects can entrust the defence counsel.
Suspects in custody, also commissioned by the guardian, close relative of defence counsel. Suspect principal defence counsel requests can be submitted in writing, or orally.
Presented orally, the public security organ shall make a written record, signed by the suspect, and before entering a fingerprint.
Article 43rd the criminal suspect in custody commissioned a defence counsel request to the detention center, detention house shall promptly convey their request to the handling sector, sector of handling shall be commissioned by the suspects in a timely manner defense lawyers or law firms to convey this request. The criminal suspect in custody only entrust the defence counsel's request, but cannot give a concrete object, handling departments shall notify the suspect's guardian, close relative entrusted the defence counsel on his behalf.
No guardians or close relatives of suspects, handling a Department shall timely notify the local bar association or judicial administrative organs for their recommendation of defence counsel.
44th in line with one of the following circumstances, the suspect does not entrust, the public security organ shall notify the legal aid for criminal suspects to the assignment of defence counsel:
(A) the suspect is blind, deaf and dumb people, or has not completely lost identification or control their mental illness a person under disability;
(B) the suspect could be sentenced to life imprisonment or the death penalty. 45th received public security organ after the criminal suspect in custody applications for legal aid shall, within 24 hours of the application referred to the law of the location of the aid agency, and notify the applicant of the guardian, close relative or his or her delegate other persons to assist in providing the relevant certificates, certification, and other related materials.
Suspect's guardian, close relative or his or her delegate other persons unknown address notification, should be referred to the legal aid agencies to apply when I told.
Suspect refused legal aid appointed lawyers as advocates or entrust themselves, the public security organ shall notify the legal aid agencies within 3rd.
46th accept suspect Commission of defence counsel or legal aid agencies after the assignment, shall promptly inform the police and show the lawyers certificate, proof of law firm and a power of attorney or letter of legal aid.
47th defence lawyers know the relevant circumstances of the case to the public security organs, the public security organ shall be the suspects alleged charges and identified the main facts of the crime, the suspect is taken, change, terminate the compulsory measures to extend the detention period for investigation and other relevant circumstances of the case, inform the recipient appointed or assigned defence counsel, and for the record.
48th defence lawyers with detainees or suspects met under residential surveillance, communications.
49th to crimes endangering national security crimes, terrorist activities, handling departments shall send written notice to the jail when jail custody of suspects; the suspect was under residential surveillance, should be written notice to the Executive Department.
Defence counsel in the investigation demanded to see the provisions of the preceding paragraph case in custody or be suspect under residential surveillance shall apply. Meets application made for defence counsel, shall, within 48 hours after receipt of the application, subject to approval of the head of the public security organs above the county level, and approved or disapproved of the decision.
In addition to hinder an investigation or may still disclosing State secrets cases, should make a licensing decision. Interviewed by the public security organs inadmissible, it shall notify the defence counsel, and explain the reasons.
Impede the investigation or may still disclosing State secrets cases disappears, the public security organ shall permit meeting.
Any of the following circumstances, belongs to this article "impede investigation":
(A) may destroy or forge evidence, and interfere with a witness to give evidence or collude with others;
(B) may lead to self-harm, suicide or escape from the suspect;
(C) the possible accomplices evade, obstruct investigations;
(D) the family members of suspects associated with crime.
50th defence lawyers demanded to see the criminal suspect in custody, detention center should check his lawyer's practice certificate, law firm proof and a power of attorney or legal aid after letters, arranged to have the lawyers met with the suspects within 48 hours, notify the sector of handling.
During the investigation, defence counsel with crimes that endanger national security, terrorist crimes, particularly serious bribery cases or under residential surveillance of criminal suspects in custody, detention or residential surveillance also examine investigative organs of the enforcement authority of licensing instruments. 51st defense lawyers met in detention or under residential surveillance of criminal suspects need to hire translators, should be reviewed by the public security organs.
In accordance with the relevant provisions, should permit does not meet the requirements, timely notice of its replacement.
Translators to participate in today's meeting, detention or surveillance decision instruments of the executive organ shall examine the public security organs. 52nd defense lawyers met with or under residential surveillance of criminal suspects in custody, detention or surveillance executing organ shall take the necessary measures, safeguards met smoothly, and informed its relevant provisions of the meeting.
When defence counsel meet with criminal suspects, the public security organ may not be listening, not send staff there. Defence counsel meet with or under residential surveillance of criminal suspects in custody, in violation of the law or with the provisions of the detention or surveillance executing organ shall stop.
For a serious violation of the rules or do not scatter, you can decide to stop the meeting and informed of their law firm or a member of the Bar Association.
53rd counsel or any other person in criminal proceedings, in violation of the law, committed acts of interference proceedings, shall be investigated for legal responsibility according to law. Defenders commit acts of interference proceedings, criminal, jurisdiction of the public security organs, public security organs should be handled by counsel in charge of the case report to public security organs at a higher level to specify other police investigation, or the investigation of public security organs at a higher level. May not specify the caseload of the public security organs of lower-level public security organs filed for investigation.
Defenders are lawyers, investigation of the public security organ shall inform the law firm or a member of the Bar Association. 54th 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. 55th case before the end of the investigation, requested by defence counsel, the public security organ shall hear the views of counsel, according to verified and documented.
Written submissions by defence counsel, shall be attached to the volume.
Defence lawyers to collect crime suspect was not at the crime scene, has not reached the age of criminal responsibility, belonging to the mental patient not criminally responsible according to law of evidence, the public security organ shall verify and record the relevant situation, the evidence shall be attached to the volume.
The fifth chapter of evidence
56th 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 justified;
(F) expert opinion;
(VII) an inquest or examination, investigation experiment, search, seizure, detention, extraction, identification and other records;
(VIII) audio-visual materials, electronic data.
Evidence must be verified, as the basis for identifying the case. 57th public security organs must be in accordance with legal procedure, gathering to confirm if the suspect's guilt or innocence, all evidence of the seriousness of the crime.
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.
58th public security organ to the units and individuals collect or obtain evidence, should be told that it must provide truthful evidence.
Involves State secrets, business secrets and personal privacy, evidence must be kept secret.
For fabricating evidence, concealing evidence or destruction of evidence, shall be investigated for legal responsibility. The 59th public security organ to the units and individuals obtain evidence, shall be subject to the law department head approval, obtain evidence issued notices. Access to units and individuals should seal or signature on the notice, refuse to seal or signature, the public security organ shall be indicated.
If necessary, the evidence shall be in audio or video recordings, such as fixed content and certification process.
60th public security organs to accept or collect administrative organ in the administrative law enforcement and deal with cases collected evidence, documentary, audiovisual materials, electronic data, inspection reports, expert opinions, such as transcripts, examination of evidence materials, can be used as evidence. 61st collect or obtain evidence should be original.
Inconvenient handling, only the original is not easy to save, or that shall be kept by the departments concerned, handling should be returned or when, filming or production reflecting the original shape or photographs, videotapes or copies of the content. Exhibits copies of photos, videos or with the original verified or certified proved to be true, or otherwise can prove real, can be used as evidence.
Photo, video or copy of the original, does not reflect the shape and features of the original, and cannot be used as evidence. Collect or obtain evidence must be the 62nd article is original.
Only when there is difficulty in obtaining original, you can use the copy or copies. Copy of a copy of the documentary evidence, and verified or certified with the original proved to be true, or otherwise can prove real, can be used as evidence.
Card to change or change the signs could not give a reasonable explanation, or a copy of a copy of the documentary evidence, does not reflect the original documentary evidence and its contents cannot be used as evidence.
63rd exhibits photographs, videos or copy, copies, copies of the documentary, audiovisual materials, electronic copies of the data, shall be attached to the relevant production process and components, the original repository of text and held by the producer and the holder of the goods or items relating to signature. 64th the public security organ's requests for approval of arrest, prosecution must be faithful to the truth.
Deliberately conceal the truth, should be prosecuted.
65th must identify the facts of the case, including:
(A) the existence of an act of crime; (B) to carry out criminal acts of the time, place, method, as well as other circumstances;
(C) whether the offence as a crime suspect;
(D) the identity of the suspect;
(E) motivation, purpose of suspects of criminal acts;
(F) the responsibility of criminal suspects as well as relationships with other co-accused;
(G) the suspects have no legal weight, and be exempted from punishment if the circumstances of light;
(H) other relevant facts of the case.
66th public security organs to transfer to prosecute cases of criminal facts are clear, the evidence is true and sufficient.
Evidence is true and sufficient, shall comply with the following conditions:
(A) finds that the facts of the case there was evidence;
(B) evidence of facts are verified through statutory procedures;
(C) the comprehensive case evidence, the facts beyond a reasonable doubt.
The review of evidence, should be combined with the specific circumstances of the case, from all evidence and facts of relevance, the link between evidence and other aspects of examination and judgement.
Only suspect confessions, without other evidence, no facts; not suspect confessions, the evidence is true and sufficient, finds that the facts of the case.
67th using torture and other illegal methods to collect suspects in 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 contrary to legal 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.
Found should be excluded from evidence at the investigation stage, approved by the head of the public security organs above the county level, they shall be excluded, shall not be used as basis for requests for approval of arrest, transfer to prosecute.
People's procuratorate considers that there may be illegal methods to collect evidence, request a public security organ to explain, the public security organ shall promptly investigate and provide written instructions to the people's Procuratorate. 68th Court view that the evidence cannot prove the legitimacy of evidence collected, inform investigators or other persons to appear to explain the situation, investigators or other persons concerned shall appear in court.
If necessary, investigators or other persons concerned can also be asked to appear in court to explain the situation.
After notification by the people's courts and police should duties witnesses of crime to testify in court.
69th, the people who know the circumstances of the case, have the duty to testify.
Physiologically, mentally defective, or young, cannot distinguish between right and wrong, not express themselves correctly, cannot be a witness.
Witnesses can tell right from wrong, correctly expressed, if necessary, reviewed, or identification.
70th 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.
71st on crimes against State security, terrorism and mafia-style organized crime, drug-related crime cases, witnesses, expert witnesses and victims who testified in the investigation process, the personal safety of himself or his close relatives at risk, the public security organ shall take one or more of the following measures:
(A) private personal information such as real names, addresses and workplaces;
(B) the prohibition of specific personnel access to witnesses, expert witnesses, victims and their close relatives;
(C) take special measures of protection against personal and residential;
(Iv) other necessary protective measures.
Witnesses, expert witnesses and the victim believe that due to testify during the investigation process, the personal safety of himself or his close relatives at risk, request protection from the police, the public security organ the review found that compliance with the conditions laid down in the preceding paragraph, it is necessary to adopt protection measures, one or more of the above protection measures should be taken.
Public security organs shall take protective measures, can ask its relevant units and individuals supporting.
When transfer to prosecute cases, protective measures should be together with the people's Procuratorate. 72nd public security authorities decided not to publicize the witnesses, experts, victims of real personal information such as name, address, and work units, can be used in prosecution, interrogation and other legal instruments, relevant documentary evidence using a pseudonym instead of witnesses, expert witnesses and victims ' personal information.
However, using a pseudonym shall be in writing and marked secret, separate volumes.
73rd witness protection personnel, funds, equipment and other necessary work shall be guaranteed. Witnesses testified arising from the performance of an obligation incurred, transportation, accommodation, meals and other costs, should be subsidized.
Witness of it, which included police operational requirements.
The sixth chapter of coercive measures
First day issue
74th public security organs according to the circumstances of the case about the need to issue a criminal suspect, or after a summons without justifiable reason not to suspect of the case, can summon to their designated area within the city and County for questioning.
Need to summon should fill out the petition issue a report, and related materials submitted to approval of the head of the public security organs above the county level.
75th police issue criminal suspects should produce an issue a warrant and ordered to issue a certificate signature, before entering a fingerprint. After the suspect case and should be ordered to issue a permit to fill in arrival time; after the end of issue should be by the end of its fill in the issue a certificate issue.
Suspect refused to fill out, the investigation personnel shall indicate on the issue a certificate. 76th issue lasted no more than 12-hour; case is particularly significant and complex, detained, arrested, measures need to be taken and approved by the head of the public security organs above the county level, issue a time should not exceed 24 hours.
Not continuously issue disguised in the form of detention of suspects.
Summon expires, is not to take other enforcement measures, should immediately end the issue.
Section II of the bail
77th public security organ has one of the following suspects can be released on bail pending trial:
(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, needs further investigation.
Detention of criminal suspects, the evidence does not meet the conditions of arrest, and following his arrest, the people's Procuratorate disapproves the arrest, needs further investigation, and in line with the conditions of bail, bail in accordance with law.
78th for repeat offenders, criminal group principals, to self-harm, self-mutilation to avoid detection of crime suspects, serious violent crime and other serious crime suspects may not be a guarantor, but the suspect has the first paragraph of this article 77th third, fourth, except in the circumstances prescribed. 79th must the suspect bail, shall draw up a report on the petition for bail, description of the bail of reason, guarantees to be taken and shall abide by the provisions, approved by the head of the public security organs above the county level, making the bail decision.
The bail decision should be read to criminal suspects, the suspect signatures, before entering fingerprints.
The 80th public security organs decided the suspects bail, shall order the suspect to provide a guarantor or to pay a security deposit.
To the same suspect, shall simultaneously be ordered to provide a guarantor and pay security.
81st article guarantee the guarantor, the guarantor must meet the following criteria, and agreed by the public security organs:
(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.
82nd guarantor shall perform the following obligations:
(A) oversee the guarantor to comply with the provisions of this article 85th, 86th;
(B) find the guarantor may be or has been committed in violation of the provisions the 85th, 86th acts provided for in article, it shall promptly report to the executive body.
Guarantor should fill out the warranty, and signature, before entering a fingerprint on the bond. 83rd criminal suspect's deposit amount is 1000 Yuan.
The specific amount should be considered to ensure the normal conduct of the proceedings required or suspect social risk, the nature and circumstances of the case, they may be sentenced to penalties of severity and suspect economic conditions determined.
84th public security organs above the county level shall, in the specified bank bail dedicated accounts, trust banks to receive and hold deposits. The person providing the security, deposit bail should be one-time special account.
Security deposit should be paid in Renminbi. Margin should be managed by departments other than the Department for handling.
No interception, take, misappropriate, or in any other form of misappropriation of margin.
85th public security organs, in announcing the bail decision, shall inform the guarantor to 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.
86th when police decided to bail, also according to the circumstances of the case, order a guarantor to comply with one or more of the following provisions:
(A) shall enter the criminal activity associated with a specific site;
(B) not criminals with witnesses, victims and their close relatives, as well as other specific people associated with the case meet or communicate in any way;
(C) shall not be engaged in specific activities associated with criminal acts such as;
(D) travel documents such as passports, driver's license enforcement agencies save.
The public security organ shall consider the nature of the case, the plot, social impact, social relations of criminal suspects and other factors, determine the range of specific places and specific people and a specific activity. 87th public security organs decided to bail, shall promptly notify the guarantor of whom live the station Executive.
If necessary, the handling departments can assist in the implementation. Take the form of surety, shall at the same time to the relevant legal instruments, basic information by guarantor, guarantor, basic information and other material.
Take the form of deposit guarantees, should at the same time to the relevant legal instruments, people and by bail deposits paid and other materials.
88th people's Court, people's Procuratorate decided to bail, is responsible for the implementation of county-level public security organs shall receive legal instruments and related materials within 24 hours after, specifies the bail residence after the verification of the implementation of the police station.
89th Executive guarantor of the police station shall perform the following duties:
(A) inform the guarantor must comply with the provisions of, and break the rules or the bail period shall bear the legal consequences of the crime;
(B) supervision, examine the guarantor to comply with the requirement, to grasp their activities, address, place of work, contact details and changes;
(C) oversee fulfill guarantee obligations of the guarantor;
(D) the bail breach shall comply with the provisions and surety of failure to fulfil an obligation, should stop him in time, and to take urgent measures and informed the authorities.
90th section of the bail may be ordered to be guarantor of people relating to the periodic reports of the police station and make a written record. 91st were remanded on bail without just cause shall not leave live in cities and counties.
Justified the need to leave the city or County of residence shall be subject to approval of the head of the police station is responsible for the implementation.
The people's Court, people's Procuratorate decided to bail, is responsible for the implementation of police station in granting bail to leave the living city, the County and the former, you should ask the authorities for permission.
92nd article was bail awaiting trial people in bail awaiting trial during violation this provides 85th article, and 86th article provides, has pay margin of, police organ should according to its violation provides of plot, decided confiscated part or all margin, and difference case, ordered its repentance, and again pay margin, and proposed guarantor, change forced measures or give security management punishment; need be arrested of, can on its first detention.
The people's Court, people's Procuratorate decided to bail, bail violation shall comply with the provisions of the Executive guarantor of county-level public security organs should inform the authorities.
93rd must confiscate deposits, should be subject to strict examination, approval of the head of the public security organs above the county level, make written decision of forfeiture of deposit.
Decided to confiscate 50,000 Yuan or more margin shall be subject to district approval of the head of the public security organ above city level. 94th article confiscated margin of decided, police organ should in 3rd to within was bail awaiting trial people read, and ordered its in confiscated margin decided book SHANG signature, and NA fingerprints; was bail awaiting trial people at large or has other case cannot scene of, should to its adult family, and statutory agent, and defender or units, and live to of neighborhood, and village Committee announced, by its adult family, and statutory agent, and defender or units, and
Live from the neighbourhood or village Council heads to sign the written decision of forfeiture of deposit.
Guarantor or adult members of their families and their legal representatives, Defender, head of unit, neighbourhood or village Committee refuses to sign, the public security organ shall be indicated in the written decision of forfeiture of deposit. 95th when public security organs in delivering the written decision on forfeiture of deposit should be informed if the decision on forfeiture of deposit, guarantor or his legal representative may apply to the public security organ to take decisions within the 5th review.
Public security organs shall take a decision after receiving the application for reconsideration within the 7th. Guarantor or their legal representatives is not satisfied with the reconsideration decision, after receiving the written reconsideration decision, can apply 5th level up within the public security organs to review again. Level on the public security organ shall take a decision after the receipt of an application for review within the 7th.
Decisions of the superior public security organ for revocation or modification of forfeiture of deposit, lower-level public security organ shall execute it.
96th forfeiture of bond's decision has been the review period or with the public security organs at higher levels after a review upheld the decision, designated by the public security organ shall notify the forfeiture of deposit banks in accordance with the relevant provisions of the State turned to the State coffers, and notifies within 3rd decided to bail.
During the 97th has been released on bail pending trial in the bail, did not violate the relevant provisions of article 85th, 86th, and is not an intentional crime or circumstances in accordance with provisions of article 183th, the lifting of the guarantor, change, coercive measures at the same time, the public security organ shall make a written decision on refund the deposit, inform the Bank refunded the deposit.
Guarantor or their legal representatives may by written decision of refund the deposit to the Bank to get refund of deposit.
The 98th was remanded on bail without violation of the provisions of the 85th, 86th article, but again in bail on suspicion of intentional crimes were filed for investigation, is responsible for implementation of the public security organs shall withhold the pay of security deposit until the Court decision after the entry into force, in accordance with the relevant decisions.
99th guarantor breaches shall comply with the provisions of article, the surety of failure to fulfil an obligation, after examining the case, approved by the head of the public security organs above the county level, the guarantor to a fine below 1000 Yuan and 20,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law. 100th decided to sponsor a fine, shall be approved by the head of the public security organs above the county level, making the sponsorship decision, sponsors announced over the 3rd notifying them if you are not satisfied with the decision, you can apply to the public security organ to take decisions within the 5th review.
Public security organs shall take a decision after receiving the application for reconsideration within the 7th. The guarantor is not satisfied with the reconsideration decision, after receiving the written reconsideration decision, can apply 5th level up within the public security organs to review again. Level on the public security organ shall take a decision after the receipt of an application for review within the 7th.
Cancellation or change penalties decided on superior public security organs, lower-level public security organ shall execute it.
101th guarantor for penalty decision of reconsideration period, or with the public security organs at higher levels after a review upheld the decision, designated by the public security organ shall promptly notify the Bank will sponsor a penalty in accordance with the relevant provisions of the State turned to the State coffers, and notifies within 3rd decided to bail.
102th suspects surety guarantee, guarantor if the guarantor during the change, unwilling to continue the loss of security or collateral requirements, shall order bail renewed to provide a guarantor or to pay bail amount, or make changes to mandatory measures decided.
Public security organs shall be responsible for implementation since the discovery of the sponsor does not wish to continue security or loss of security 3rd days of informed decision within the conditions of the bail.
103th public security organs in the guarantor shall not be interrupted during investigation of the case, suspects on bail on the facts change, alternation shall be timely enforcement measures or bail lifted.
Bail shall not exceed 12 months. 104th needed to lift the bail, produced by authorities decided to bail the disarmament of the bail decision, notice, served on public security organ responsible for implementation.
Is responsible for the implementation of the public security organs shall, in accordance with decision relieved of the bail, and notify the people released on bail awaiting trial, guarantor and co.
Section III under residential surveillance
The 105th public security organs to meet the conditions of arrest, suspect one 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) due to the special circumstances of the case or cases need 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.
A people's Procuratorate decides not to approve the arrest of suspects, needs further investigation, and in line with the monitoring of living conditions, you can monitor the live.
To meet the bail conditions, but the suspect unable to provide a guarantor, no deposit, you can monitor the live.
For a guarantor pending trial violates the provisions of the 85th, 86th section, you can monitor the live. 106th residential surveillance for the suspect, shall draw up a petition under residential surveillance report shows residential surveillance reasons, residential surveillance and shall abide by the provisions, approved by the head of the public security organs above the county level, making surveillance decision.
Residential surveillance decision should be read to criminal suspects, the suspect signatures, before entering fingerprints. 107th residential surveillance should be performed in, the defendant place; without a fixed domicile, can be performed in designated residence.
For alleged crimes against State security, terrorism, in the shelter implementation might hamper the investigation, approved by the public security organs at a higher level, can also be performed in designated residence.
Any of the following circumstances, belongs to this article "impede investigation":
(A) may destroy or forge evidence, and interfere with a witness to give evidence or collude with others;
(B) may lead to self-harm, suicide or escape from the suspect;
(C) the possible accomplices evade, obstruct investigations;
(D) criminal suspects and the accused lived in the residence monitor physical danger;
(E) criminal suspect and the defendant's family members or units associated with crime.
Assigned residence residential surveillance, residential surveillance shall not be required to pay costs.
108th fixed domicile refers to residential surveillance in case authorities where cities and counties live within lawful residence; designated residence, refers to the public security organs in accordance with the circumstances of the case, in the case where cities and counties monitored over the specified within live.
Designated residence shall comply with the following conditions:
(A) the normal conditions of life, rest;
(B) to facilitate the monitoring, management;
(C) the guarantee of safety.
Public security organs shall, in places of detention, special case sites monitoring living or office space.
109th assigned residence residential surveillance, other than notification, notice of residential surveillance shall be made, in the implementation of surveillance within 24 hours after, notified by the authorities was monitored over the family.
Any of the following circumstances, belongs to this section "notification":
(A) does not tell his true name, address, identity is unknown;
(B) no family;
(C) provide family contact cannot be contacted;
(D) notification due to force majeure such as natural disasters.
Notification will disappear, and shall immediately inform the monitoring over the family.
Unable to notify family members, should monitor the reasons indicated in the notice of residence.
110th residential surveillance who advocate, apply the provisions set forth in the 41st, 42nd, 43rd.
111th in decision to declare residential surveillance, the public security organ shall inform the surveillance must comply with the following requirements:
(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 communication in any way;
(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.
112th public security organs to monitor living people, can take electronic monitoring, periodic inspection and other residential surveillance for monitoring of their compliance with the provisions of the monitor; during the period of investigation, suspects can be monitored live by telephone, fax, letter, email, network traffic monitoring. 113th public security organ under residential surveillance, monitored over domicile or the residence of the station implementation and handling departments can assist in the implementation.
If necessary, or by handling sector is responsible for the implementation, or other departments to assist in the implementation of the police station. 114th inhabited by people's courts, the people's Procuratorate has decided to monitor, are received by the county-level public security organs shall be responsible for implementation legal instruments and related materials within 24 hours after informing monitored over domicile or the residence of the police station to verify identity, domicile or residence of the surveillance performed after.
If necessary, can be executed by people's courts and people's procuratorates to help.
Is responsible for the implementation of the 115th article under residential surveillance station or the Law Department should be strictly monitored over supervision to ensure safety.
For the people's Court, people's Procuratorate decided under residential surveillance shall be monitored live reports on the implementation of decisions in a timely manner.
The 116th was asked to leave by monitoring over justified residence and designated residence and requested a meeting with others or communication shall be approved by the police station responsible for implementation or handling a Department head.
People's Court, people's Procuratorate decides under residential surveillance, police station in approved residential surveillance of people responsible for implementation to leave home or before the designated residence, as well as to meet or correspond with others, you should ask the authorities for permission. 117th under residential surveillance violates article shall comply with the provisions of the public security organs shall distinguish between ordering the surveillance of people of repentance or given administrative penalties for public security.
The circumstances are serious, he may be arrested; need to be arrested, can detain them.
People's Court, people's Procuratorate decides under residential surveillance, under residential surveillance violates shall comply with the provisions of the implementation of county-level public security organs under residential surveillance shall timely inform the authorities.
During the 118th in the surveillance, the public security organ shall not interrupt the investigation of the case, suspects for residential surveillance shall be on the merits, lift the monitor or change of residence compulsory measures in a timely manner.
Residential surveillance shall not exceed six months.
119th public security authorities decided to lift the residential surveillance shall be subject to approval of the head of the public security organs above the county level, making disarmament surveillance decision, and promptly notify the police station or the handling Department, under residential surveillance and the units concerned.
Lift, change people's courts and people's procuratorates made surveillance decision, the public security organ shall promptly release and notify under residential surveillance and the units concerned.
The fourth detention
120th public security organs are active criminals or major suspects, 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. 121th detention of criminal suspects, shall be made out for approving a detention report, approved by the head of the public security organs above the county level, making a detention warrant.
When the detention is executed, you must produce a detention warrant and ordered to sign on the detainees in the detention or before entering a fingerprint, refused to sign, na fingerprints, investigators should be indicated.
In emergency situations, in line with the circumstances set out in article 120th, suspects should be brought to the public security organs immediately after the review, go through legal procedures.
The 122th detention, it shall immediately send the detainees detention in custody may not exceed 24 hours at the latest.
Offsite detention, should reach the forum within 24 hours after sending the suspects detention in custody. 123th exception cannot be notified or suspected of endangering national security crimes, terrorism alerts might hamper the investigation of cases, should be within 24 hours after making detention notice informed the families of the detainees.
Detention notice shall clearly state the reasons for detention and detention premises.
The provisions of this article "could not tell the" applicable provisions of the second paragraph of this article 109th.
Any of the following circumstances, belongs to this article "impede investigation":
(A) may destroy or forge evidence, and interfere with a witness to give evidence or collude with others;
(B) the possible accomplices evade, obstruct investigations;
(C) family members of suspects associated with crime.
Unable to notice, impede the investigation of the case disappeared, it shall immediately inform the families of the detainees.
For not less than 24 hours to notify relatives, should be indicated in the notice of detention reasons. 124th on detained persons, shall within 24 hours after detention for questioning.
Found should not have been detained, shall be approved by the head of the public security organs above the county level, making release notices, notice of detention center by releasing detainee release certificates issued, be immediately released. 125th on the detained suspects tested deems it necessary to arrest shall be detained within the 3rd, to the people's Procuratorate for examination and approval.
In special circumstances, approved by the head of the public security organs above the county level, requests for examination and approval of arrest may be extended one day to 4th.
Committing, multiple crime, gang crime a major suspect, approved by the head of the public security organs above the county level, requests for examination and approval of arrest may be extended to 30th. The provisions of this article of "committing" refers to serial across city, County jurisdiction, or in the residence after the crime fled to cities and counties continue to commit crimes; "repeated crime" refers to more than three times that paid off handsomely: "gang crime" refers to two or more persons jointly commit.
126th suspects did not tell his real name and address, unknown, you should investigate their identities.
Approved by the head of the public security organs above the county level, date on which the detention period of self-examination to his identity, but may not put an end to its investigation and evidence of criminal acts.
Meets the conditions of arrest of criminal suspects, can also request for approval of arrest by its name.
127th on the detention of suspects after a review, the circumstances of the case submitted to the approval of the head of the public security organs above the county level, respectively, as follows:
(A) the need to arrest, during the detention period, requests for approval of arrest formalities according to law;
(B) criminal responsibility should be investigated, but not arrested, directly to the people's procuratorates transfer to prosecute according to law, or in accordance with the law of the bail or surveillance procedures, transferred to the people's Procuratorate for examination and prosecution;
(C) the expiry of the period of detention, the case has not yet concluded, needs further investigation, in accordance with the law of the bail or surveillance procedures;
(D) with the provisions of article 183th circumstances, release of detained persons, and issued a release certificate, and require administrative processing, be dealt with according to law, or transferred to the relevant departments. 128th of a people's Procuratorate shall decide detention of criminal suspects, served by the public security organs above the county level by the people's Procuratorate of detention of legal instruments make a detention warrant and executed immediately. If necessary, the people's procuratorates can assist.
After the detention, it shall promptly notify the people's Procuratorate. Police failed to arrest criminal suspects, should be implemented and fails to arrest criminal suspects because notification of the detention decision of a people's Procuratorate.
For criminal suspects at large, the people's Procuratorate to withdraw prior to the decision to detain, the public security organ shall organize forces to continue.
Fifth arrest
129th on the fact that evidence of the crime, may be sentenced to imprisonment of at least suspects a guarantor was not sufficient to prevent occurrence of a risk to the public the following shall be submitted for approval of arrest:
(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.
There is evidence to prove a crime, punishable by penalties of more than ten years in prison, or there is evidence of crime may be sentenced to at least, was an intentional crime or unknown, shall be submitted for approval of arrest.
Public security organs in accordance with the provisions of the first paragraph to the people's Procuratorate for examination and approval when arrested, the suspect should be socially dangerous state the reasons.
130th there is evidence to prove the crime, refers to both of the following situations:
(A) there is evidence to prove the facts of the crime;
(B) there is evidence that the facts of the crime is a crime suspect;
(C) evidence of suspects of criminal acts have been verified.
The provisions of the preceding paragraph "facts" can be either a single criminal act, or it can be any one of a number of criminal acts facts of the crime.
131th has been released on bail pending trial in violation of the bail provision has any of the following circumstances, you can request for approval of arrest:
(A) suspected of intentionally committed a new crime;
(B) there is a threat to national security, public safety or public order of the real danger;
(C) implementation of destroying or falsifying evidence or interfere with a witness to give evidence or collude in acts that may affect the investigation work carried out;
(D) impose retaliation on victims or informants, the complainant;
(V) attempting to commit suicide, to escape and evade detection;
(Vi) without approval, leave the city or County of residence, if the circumstances are serious, or more than twice without permission, leave the city and County of residence;
(VII) the summons without justifiable reason not to case, the circumstances are serious, or not to case, two or more communications;
(VIII) violation to access certain places, engaging in specific activities or meetings and communication with specific people more than twice.
The 132th residential surveillance for residential surveillance violates provisions of article, with one of the following situations, you can request for approval of arrest:
(A) suspected of intentionally committed a new crime;
(B) implementation of destroying or falsifying evidence or interfere with a witness to give evidence or collude in acts that may affect the investigation work carried out;
(C) impose retaliation on victims or informants, the complainant;
(Iv) attempting to commit suicide, to escape and evade detection;
(E) without approval, leave the monitoring place of residence, if the circumstances are serious, or more than twice without permission, leave monitoring of the place of residence;
(Vi) without approval, met with others or communications without authorization, if the circumstances are serious, or more than twice without approval, met with others or communicate without authorization;
(VII) the summons without justifiable reason not to case, the circumstances are serious, or not to case, two or more communications.
133th must request for approval of arrest of criminal suspects should be approved by the head of the public security organs above the county level, make a written request for approval of arrest, together with the case file, evidence, be transferred to the Procuratorate at the same level for examination and approval.
134th people's Procuratorate disapproves the arrest and notified a supplementary investigation, the public security organs shall, in accordance with the people's Procuratorate of the supplementary investigation outline of supplementary investigation.
The public security organ for supplementary investigation is completed, that meet the conditions for arrest shall again request for approval of arrest.
135th for people's Procuratorate disapproves the arrest without giving a reason, public security authorities may request the people's Procuratorate reasons.
136th to the people's Procuratorate decides not to approve the arrest, the public security organ after receipt of the written decision of not to approve arrest, if the suspect has been detained, he shall be released immediately and issued a release certificate, and perform receipt for service not to approve arrest of a people's Procuratorate.
137th on the decision of the people's Procuratorate disapproves the arrest that there was error requires reconsideration of, shall, after receipt of the written decision of not to approve arrest within the 5th production requirements review submissions submitted to the approval of the head of the public security organs above the county level, to the people's Procuratorate at the same level for reconsideration.
If the comments are not being accepted, and the need to review, and shall, after receipt of the written decision on the reconsideration of the people's Procuratorate within 5th making attention of the review submissions submitted after approval by public Security Bureau above the county level, together with the reconsideration decision of the people's Procuratorate, also drew attention to the people's Procuratorate at a higher level for review. 138th after receiving the written decision on people's Procuratorate approved the arrest shall be issued by the head of the public security organs above the county level arrest warrant, executed immediately, and implement the decisions receipt service for approval of arrest of a people's Procuratorate.
If you fail to perform, it should send the receipts to the people's Procuratorate, and clearly state the reasons could not be executed. 139th at the time of arrest, must produce an arrest warrant and order the signature, before entering a fingerprint on the arrest warrant, refuse to sign or NA fingerprints, investigators should be indicated.
After the arrest, it should be immediately arrested a man to jail custody.
Investigators arrest shall not be less than two. 140th to arrested persons must be questioned within 24 hours of the arrest. Found should not have been arrested, and approved by the head of the public security organs above the county level, making release notices, sent the detention center and the original approval of the arrest of a people's Procuratorate.
Detention notice of release to release the arrested person immediately and issued a release certificate. 141th the suspect after the arrest, other than notification, shall within 24 hours after arrest, making the arrest notice, inform the arrested person's family.
Notice of arrest shall clearly state the reasons for his arrest and detention premises.
The provisions of this article "could not tell the" applicable provisions of the second paragraph of this article 109th.
Such notification is eliminated, shall immediately inform the arrested person's family members.
For not less than 24 hours to notify relatives, should be indicated in the notice of arrest reasons. 142th people's Court, people's Procuratorate decided to arrest the suspects, the accused, by the public security organs above the county level people's Court, people's Procuratorate decided to arrest produced an arrest warrant and for the immediate implementation of legal instruments. If necessary, you can request the people's Court, people's Procuratorate to assist in the implementation.
After the arrest and shall be promptly informed of the decision. Police failed to arrest criminal suspects and the accused, should be the implementation and the failure to capture due to notify the people's Procuratorate decided to arrest, the people's Court.
For criminal suspects and defendants at large, before the people's procuratorates, people's courts revoked arrest, the public security organ shall organize forces to continue.
143th examined and approved by the people's Procuratorate in arrests in the police investigation of illegal conditions are found, notify the public security organ to correct them, the public security organ shall investigate and verify, for violations found should be corrected in a timely manner, and to notify the people's Procuratorate will correct the situation.
Custody of the sixth section 144th article of criminal suspects in custody during investigation after arrest shall not exceed two months.
Expiration of a case is complex and not the investigation of a case, it shall make the request for approval of extension of the detention period for investigation representations, upon approval by the head of the public security organs above the county level, in 7th, before the expiry of the term please turn people's Procuratorate at the approval of the people's Procuratorate at a higher level be extended by one month.
145th in the following cases the provisions cannot detect the end of the expiration of the 144th article, shall make a request for approval of extension of the detention period for investigation submissions approved by the head of the public security organs above the county level, in 7th, before the expiry of the term people's Procuratorate at the cengbao provincial, autonomous regional and municipal people's Procuratorate approved, 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.
146th suspects might be sentenced to ten years in prison or more penalties, 145th article in accordance with the expiration of the extended period, still cannot detect the end, shall make a request for approval of extension of the detention period for investigation submissions approved by the head of the public security organs above the county level, in 7th, before the expiry of the term people's Procuratorate at the cengbao provincial, autonomous regional and municipal people's Procuratorate approved, extended for a further two months.
147th article during the period of investigation, found the suspect and another important crimes, shall be found within the 5th days of approval of the head of the public security organs above the county level, recalculate the detention period for investigation, making notice of recalculation of the detention period for investigation, served on the detention center, and reported to the people's Procuratorate approved the arrest of record.
The provisions of the preceding paragraph "there are other important crimes" refers to different kinds of crimes and arrest major crimes, as well as identification, convicted of the same crimes and will affect sentencing levels of serious crime. 148th suspects did not tell his real name and address, unknown, you should investigate their identities.
Approved by the head of the public security organs above the county level, the detention period for investigation self calculated from the date of their identity, 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, according to their names transferred to the people's Procuratorate for examination and prosecution. 149th detention center should be issued by the public security organ of the detention warrant, warrant of confinement in detention, arrests of criminal suspects and defendants.
When custody of criminal suspects and defendants were sent to a detention center, detention house shall indicate on the arrest warrants, warrant suspects and defendants get jail time.
Seized were wanted, escaped criminal suspects and perform Chase, escort tasks need to temporarily send delay, shall hold a warrant or other relevant legal instruments and direct to delay approval of the head of the public security organs above the county level, and sent jail mail charge.
Temporary when sending criminal suspects on remand, detention should be proof of the suspect's custody, spelt out in the basic criminal suspects, the reasons, in and out of detention time.
150th jail custody of criminal suspects and defendants and offenders, health and body checking should be carried out and recorded. 151th jail custody of criminal suspects and defendants and offenders, their person and belongings should be security checks.
Find contraband, evidence of a crime and suspicious objects, a record shall be kept and signed by the detainee, na fingerprints back, sending authorities which handle their cases.
On women's physical examination shall be conducted by female staff.
152th suspects after being sent to jail custody, investigators to carry out inquiries, should be carried out in a prison interrogation room.
Seventh other provisions of section
153th articles found during continued questioning criminal suspects require detention, arrest, bail or under residential surveillance shall immediately go through legal procedures. 154th suspects executed summon, detention, arrest, escorted in the process, it shall use binding apparatus.
In case of violent confrontation or violent crime, firearms or weapons can be legally used uniforms. 155th police found the suspect improper coercive measures shall be promptly withdrawn or changed. Suspects in custody shall be released in a timely manner.
Police release the arrested person or the change of arrest, the people's Procuratorate approved the arrest shall be notified.
156th suspects being arrested, people's procuratorates examined prosecution recommendations saw no need to continue the detention of, the public security organ shall investigate and verify the, saw no need to continue the detention and coercive measures should be released or changes; need to continue the detention shall state the reasons.
Public security organs should inform the people's Procuratorate within the 10th. 157th suspects and their legal representatives or near relatives or counsel has the right to apply coercive measures.
Public security organ shall make a decision upon receipt of the application within the 3rd; does not agree to change enforcement measures, it shall inform the applicant and state the reasons.
158th public security organs to take coercive measures in any statutory expiration of the suspects should be released, remove bail, surveillance, or change according to law enforcement measures. Suspect and his legal representatives or near relatives or counsel of the expiry of the statutory time limit for public security organs to take enforcement measures, right to public security organ to terminate enforcement measures.
Public security organs should be reviewed for the case, shall immediately withdraw or change the mandatory measures.
For criminal suspects and defendants detention period is about to expire, detention shall immediately notify the authorities which handle their cases.
159th bail changes for residential surveillance, bail, surveillance of residence changed to detention, arrest, not to proceed with the disarmament of the coercive measures of legal procedures.
160th case on bail under residential surveillance period after transfer to prosecute, the people's Procuratorate decided to bail, surveillance of residence or change of coercive measures, not to proceed with the disarmament of the coercive measures of legal procedures.
161th public security organs in accordance with the people's congresses at or above the county level shall issue, bail, surveillance, detention or a request for approval of arrest, it shall report to the representatives of the Member of the Standing Committee of the Presidium, or license.
162th public security organ existing detention time, and found that it is representative of the people's congresses above the county level shall immediately report to the Presidium or of its Standing Committee. Police enforcement issue, bail, surveillance, detention or arrest and found that the person subjected to execution is a representative of the people's congresses above the county level shall be suspended, and report a decision or approval authorities.
If found the person subjected to execution is a representative of the people's congresses above the county level should be lifted immediately, and report a decision or approval authorities.
163th public security organs in accordance with the representative of the people's congresses of townships, nationality townships, and towns issue, bail, surveillance, detention or arrest, shall be reported immediately after the implementation of people's congresses to which they belong.
164th public security organs in accordance with the political Consultative Committee of the Committee issue a living, bail, surveillance, should be informed to the members of its political consultative body.
165th performed on the Member of the political Consultative Committee of public security organs in accordance with the detention, arrest, should belong to the members of the Committee of organization informed; the urgency of the situation, be performed at the same time or after the implementation of informed in a timely manner.
The seventh chapter filing and case withdrawal
Section I cases 166th public security organs listed for citizens, reports, complaints, reports or crime suspects voluntarily surrender, shall be immediately accepted, inquire, and make a written record, after it has been checked, by a listed person, informant, complainants or informants, surrendered one signature, before entering a fingerprint.
If necessary, it should be audio or video. 167th public security organs listed, the reporting persons, complainants, informants, surrendered to provide relevant evidence materials shall be registered, making the admissibility of evidence materials list, and by a listed person, informant and the signature of the accused person, informant, surrendered.
If necessary, should be taking pictures or recording, video, and safekeeping.
168th public security organs to accept cases, shall make a registration form and to issue receipts. 169th public security organs receiving the complaint or report of staff shall be made to the complainant or informant on false accusations should bear legal responsibility.
However, as long as no fabrication of facts and falsification of evidence, even if the complaint or information that does not accord with, even divisions of the wrong, false accusations, too strict a distinction.
170th public security organs shall guarantee the listed person, informant, complainants and informants and its close relative security.
Listed person, informant, complainants, informants willing to reveal his identity, should be to keep it secret, and indicated in the material.
171th accepted cases or find clues of crime, the public security organs should be reviewed urgently.
Found in the review of the facts of the case or of unknown clues, if necessary, approved by the handling Department head, you can make the preliminary investigation.
In the course of preliminary investigation, the public security organs may, in accordance with the relevant laws and regulations take inquiries, inquiry, inspection, identification and obtain evidence materials do not limit the subjects personal and property rights measures.
The 172th reviewed that there was crime, but the case does not fall under its jurisdiction, it should be immediately reported to the approval of the head of the public security organs above the county level, making notice of referral of cases, transferred to the authority having jurisdiction.
Does not fall under its jurisdiction and must take urgent measures, urgent measures should be taken, and then check, transferred to the competent authority.
173th reviewed cases only, the public security organ shall inform the parties to the lawsuit.
There is evidence of minor criminal cases for victims, the public security organ shall inform the victim may bring a lawsuit; request a public security organ of the victim, the public security organ shall accept.
People's court case, access to public security organs according to law of case material and relevant evidence has been collected, the public security organ shall promptly hand over.
174th article review, for those that are not criminal penalties need to be given administrative punishment, be dealt with according to law, or transferred to the relevant departments.
Section II filing
175th public security organ after accepting a case, upon examination, see crime criminal, and fall under its jurisdiction, approved by the head of the public security organs above the county level, be filed; that there is no crime, or crime obviously minor is not criminal, or have others investigated for criminal responsibility according to law, approved by the head of the public security organs above the county level shall not be filed.
The complainant's case, decided not to file, the public security organ shall draw up a notice of not filing, and in the 3rd served on the accused person.
176th charged people for not filing is dissatisfied with a decision, you can receive no notice of filing within 7th after the police applied for reconsideration of the decision; the public security organ shall take a decision after receiving the application for reconsideration within the 7th, and notify the complainant in writing. The complainant for not filing the review decision, after the receipt of the written reconsideration decision within the 7th level up public security organs ' application for review of upper level public security organ should take a decision upon the receipt of an application for review within the 7th.
No case for superior public security organ for revocation decision, lower-level public security organ shall execute it.
177th article on administrative law enforcement organ transferred of case, police organ should since accept case of day up 3rd within for review, think has crime facts, need held criminal, law decided filed of, should written notification transferred case of administrative law enforcement organ; think no crime facts, or crime facts significantly minor, not need held criminal, law not filed of, should description reason, and will not filed notice served transferred case of administrative law enforcement organ, corresponding returned case material.
178th referral of cases of administrative law enforcement agencies for not filing is dissatisfied with a decision, you can receive no notice of filing within 3rd after the police applied for reconsideration of the decision; the public security organ shall, upon receipt of the application for reconsideration of the administrative law enforcement organs within 3rd decision and written notification of referral of cases of administrative law-enforcement agencies. 179th on the people's Procuratorate for notes are not filed on the grounds of the case, the public security organ shall, upon receipt of the notice within the 7th, right, basis and reasons for filing written descriptions, respond to people's Procuratorate.
Case decisions of the public security organs shall send the copy of the written decision on the case to people's Procuratorate.
Office of the people's Procuratorate shall notify the public security organs, the public security organ shall, upon receipt of the notice filed within 15th, people's procuratorates and serve a copy of the written decision on the case.
180th people's procuratorate considers that public security organs should not be filing filing, corrections, the public security organ shall carry out investigation to verify, and the situation is back to a people's Procuratorate.
181th investigation that there was crime criminal, but does not fall under its jurisdiction or by other police investigation of combining cases, approved by the head of the public security organs above the county level, making notice of referral of cases, to transfer the jurisdiction or the investigation of combining cases public security organs, and referral of cases up to 3rd after written notice to the families of the suspects.
182th case change transfer of jurisdiction or other incorporated investigations of public security organs, and in the case of property and its fruits, file should be the case.
Upon the transfer, carefully checked by the recipient, the transfer of people, and co-signed on the transfer document.
Section III withdrawing
183th after investigation, found to have one of the following circumstances, the case shall be dismissed:
(A) there is no corpus delicti;
(B) the circumstances obviously minor, harmless, is not considered a crime;
(C) the offence has limitations period;
(D) Amnesty from punishment;
(E) the suspect is deceased;
(Vi) other investigated for criminal responsibility according to law.
After investigation, crime criminal is found, but not been filed for investigation of the crime suspect, or some suspects in cases of common crime not serious enough for criminal punishment, should be terminated the investigation of crime suspects, and further investigation of the case.
184th must dismiss the case or terminates its investigation of suspects, sector of handling a dismissal of the case or the suspect shall be made to terminate the investigation report submitted to approval of the head of the public security organs above the county level. Public security authorities decided to dismiss the case or the suspect when the investigation is terminated, the original suspect in custody, he shall be released immediately and issued a release certificate. Of the original suspects were arrested, and people's procuratorates of the originally approved the arrest shall be notified.
Other mandatory measures imposed on original suspects, should immediately enforce measures require administrative processing, be dealt with according to law or relevant departments of the surrender.
Seizure, seizure of property and its fruits, paper, or freezing of assets, outside unless otherwise handled according to relevant laws and regulations, shall cancel the sealing up, seizing or freezing.
185th public security authority to dismiss the case after a decision shall be notified within the 3rd original suspects, victims or their close relatives or legal representative and transfer the case to authorities.
After the public security organ to terminate the investigation decision, shall inform the original 3rd suspect.
186th public security organ after the dismissal of the case and the discovery of new facts or evidence that there was crime criminal should reopen the case for investigation.
For suspects after the termination of the investigation and the discovery of new facts or evidence that there was crime criminal, investigation should be continued.
The eighth chapter investigation
Section I General provisions
187th public security organs have filed criminal cases, investigations should be carried out promptly, fully and objectively collect or obtain the suspect's guilt or innocence, minor crimes or evidence of heavy materials.
The 188th public security organ after investigation, the fact that evidence of the crime cases, pre-trial, to collect or obtain evidence of authenticity and legality be reviewed, verified and probative force.
189th police crime investigation shall be strictly in accordance with the law of the conditions and procedures for the application of coercive measures and investigative measures, is strictly prohibited in the absence of evidence case, suspect alone on mandatory measures and investigative measures taken against suspects.
190th police investigating crimes involving State secrets, business secrets and personal privacy, should be kept confidential.
191th parties, the defenders and agent ad litem, interested parties for public security organs and the investigators, one 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. Inadmissible petitions or complaints of the public security organ shall carry out investigation to verify in a timely manner, and the receipt of complaints, charges 30th or less from the date of making a decision, a written reply to the complainant, the complainant.
One of such acts by public security organs and the investigators found, that should be corrected immediately. 192th subordinate public security organ discovered a superior public security organ this provision the 191th article violation of petitions, complaints or matters not dealt with in accordance with the provisions, shall be ordered to make lower-level public security organs to correct within, lower-level public security organs should be implemented immediately.
If necessary, the superior public security organ may make treatment decisions on complaints, charges directly.
Section II interrogation of criminal suspects
193th public security organs that do not require detention, arrest suspects, approved by the handling department heads, can be summoned to the criminal suspects, designated location within the County, or to his residence for questioning.
194th called suspect, shall produce subpoenaed evidence and investigators of working documents, and ordered its called signature, na fingerprints on the card. After the suspect case and should be determined by its summoned to fill in the arrival time on the card. Called at the end should be up to the end of its fill in the call card called time.
Suspect refused to fill out, investigators should subpoena indicated on the card. Suspect found at the scene, investigators present a working document, summoned orally, and will be called the reason and basis inform the summoned.
Shall be indicated in the interrogation of criminal suspects to case and the suspects indicate the arrival time and call end time. To voluntarily surrender of criminal suspects or people listed to the public security organs, can be summoned in accordance with law.
195th call lasted no more than 12 hours. Case is particularly significant and complex, detained, arrested, measures need to be taken after case approval of the Department head, call duration shall not exceed 24 hours.
Does not continuously call disguised in the form of detention of suspects.
Call expires, is not to take other enforcement measures, should immediately end the call.
196th summons and issue, questioning the suspect shall guarantee the suspect food and need time to rest, and for the record. 197th interrogating a criminal suspect, must be carried out by the investigators.
When questioned, the investigators shall be at least two people.
Co-defendants of interrogation of criminal suspects should be individualized.
198th investigators when interrogating suspects, criminal acts should first ask the criminal suspect, and truthfully inform the criminal suspects their crime may be given a lighter or mitigated punishment law, let him State 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.
Questioned for the first time, should ask the suspect's name, alias, name, date of birth, place of residence, place of residence, nationality, place of birth, nationality, occupation, education level, family situation, social experiences, whether it belongs to the national people's Congress, members of people's political consultative conference, are subjected to criminal punishment or administrative punishment, and so on.
199th interrogation suspects of deaf, dumb, and should be familiar with deaf and dumb signs people, and reflected on the interrogation of criminal suspects is deaf, dumb, and the translator's name, place of work and occupation.
Interrogation of criminal suspects is not familiar with the local language, shall be equipped with a translator. No. 200 investigators should be questioned and statements from suspects or justification to record clearly.
Making interrogation can keep writing materials should be used. No. 201 interrogation should be suspect to check or read to him. If there are omissions or errors, suspect supplementation or correction should be allowed, and before entering a fingerprint. After suspects checked, the records, which shall be on the transcripts page-by-page signatures, before entering a fingerprint, has at last been stated "notes above I have seen (or read me), consistent with what I said."
Refuse to sign or NA fingerprints, investigators should be indicated on the record. Items listed on the interrogation shall be complete filled in as prescribed.
Investigators, translators should sign the interrogation. No. 202 suspects request their own written statement, should be allowed, if necessary, investigators may also ask the criminal suspect to write a personal statement. Suspects should be page-by-page signatures, before entering a fingerprint on a handwritten confession.
Investigators received, should be Home top right indicate "received on a certain day" and sign your name. No. 203 interrogation of criminal suspects, in written records at the same time, the questioning can be audio or video.
Cases punishable by life imprisonment or the death penalty or other major criminal cases shall be audio or video of the interrogation process. The provisions of the preceding paragraph "cases punishable by life imprisonment or the death penalty", refers to the applicable penalty or sentencing classes include life imprisonment and death penalty cases.
"Other major crime cases", refers to the resulting in serious injury, death, serious harm to the public safety crime, serious violations of human rights, as well as organized crimes, serious drug-related crimes and other serious intentional crime. To process audio or video recording of interrogation, every interrogation should be wholly uninterrupted to maintain integrity.
Shall not be recorded selectively, not editing, deletion.
Article No. 204 suspects for the crime that, innocent or minor facts, representations and evidence to the contrary, as well as criminal suspects to provide evidence to prove his innocence, minor, public security organs should carefully check on the evidence, whether or not they believed, should be recorded, securing, and together with the verification report volume.
Section III asked the witness, the victim Article No. 205 witness, victim, can be carried out on site or to the witness, the victim, place made by residence, victims or witnesses.
When necessary, you can notify the witness or victim to the public security organ to provide testimony.
Witnesses and victims should be individually. Witnesses and victims at the scene, investigators shall show their credentials. Witnesses and victims unit, place of witness or witnesses, the victim, the victim's location, shall be subject to the law department head approval, making inquiry notice.
Before asking, the investigators shall show the enquiry notices and documents. No. 206 before asking, you should know the identity of witnesses, victims, witnesses, the relationship between the suspect and the victim of the crime.
When asked, shall inform the witness, the victim must provide evidence, testimony or intentionally giving false testimony or concealed criminal evidence shall bear the legal responsibility.
Investigators are not allowed to witness or victim leaked or expressed views on the case on the merits, prohibited the use of violence, threats to witnesses, victims and other illegal methods.
Article No. 207 No. 201 of these rules, the provisions of Article No. 202, also applies to witnesses and victims.
Fourth inspection and examination Article No. 208 investigator for crime-related places, objects, people, the body shall conduct an inquest or examination, extraction, collection and in a timely manner in the case of traces, evidence, biological samples, and so on.
When necessary, may be assigned or hire people with expertise, conduct an inquest or examination under the auspices of the investigators.
No. 209 cases to police, patrol police and other departments should properly protect the crime scene and evidence control suspects and immediately report to public security organs Department.
Executive Survey of investigators after receiving the notice, it should be immediately rushed to the scene; exploration site, should the criminal scene investigation permits. No. 210 public security organs on site to carry out the investigation of the case shall not be less than two.
Survey the scene, has nothing to do with the case of the citizen should be invited as witnesses. Article No. 211 exploration site, set photos, site mapping, make a written record, signed by the participants in the survey and witnesses.
On the scene of a major case, video. Article No. 212 in order to identify victims, suspects some of the characteristics, injury or physical condition, you can check the personal, extraction of fingerprint information, collection of blood, urine and other biological samples.
The victim's death should be adopted by close relatives of the victims identification, extraction and identification of biological samples, such as determining the identity.
If a criminal suspect who refuse the inspection, extraction, gathering, when deemed necessary by the investigators, after case approval of the Department head, you can force checking, extraction, collection.
Check the woman's body, should be carried out by female officers or doctors. Check the record shall be made of the circumstances, by investigators participating in the inspection, inspectors, inspectors and witness signatures.
Inspectors refused to sign, the investigation personnel shall indicate in the record.
Article No. 213 in order to ascertain the cause of death, and approved by the head of the public security organs above the county level, the autopsy, and notify the family members of the deceased, was signed by the autopsy notice. Family members of the deceased without a legitimate reason or refuse to sign, investigators should be indicated in the notice of the autopsy.
Unidentified corpses, unable to notify family members of the deceased, shall be indicated in the record.
Article No. 214 of the identified causes of death, do not keep the necessary body shall notify the families back, unable to notify or inform relatives after refusing to recover, approved by the head of the public security organs above the county level, and can be processed in a timely manner.
No. 215 after an inquest or examination for public security organs, people's procuratorates requires retesting, review, the public security organ shall reinspect, review and notify the people's Procuratorate attended.
Article No. 216 in order to identify the merits, when necessary, approved by the head of the public security organs above the county level, you can make the investigative experiment. Experiments and results of investigation, investigative experiment records shall be made and signed by the participants.
If necessary, the investigation process should be audio or video.
Investigative experiment, prohibiting all dangerous, degrading, or immoral behavior.
The fifth section search
Article No. 217 in order to collect evidence and track down the perpetrators of the crime, approved by the head of the public security organs above the county level, and investigators to suspect and might be hiding a criminal or criminal evidence of the person's body, goods, accommodation, and other relevant local searches.
Search Article No. 218, the person to be searched must be a warrant, investigators executed a search warrant shall not be less than two.
Article No. 219 when detained, arrested, in the event of one of the following emergency without a search warrant can also be searched:
(A) may carry a weapon;
(B) may hide the explosive, toxic and other dangerous items;
(C) conceals, destroys, transfer of criminal evidence;
(D) may be hiding other suspects;
(E) other sudden emergencies.
Article No. 220 to conduct a search, there should be the person to be searched or his family members, neighbours or other witnesses. Public security organs may require relevant units and individuals to hand over can prove a criminal suspect's guilt or innocence of physical evidence, documentary evidence, audio-visual material and other evidence.
Hit search, investigators can force search.
Search a woman's body, should be carried out by female officers.
Article No. 221 search record shall be made of the circumstances, by the investigator and the person to be searched or his family members, neighbours or other witnesses the signatures.
If the person to be searched refuse to sign, or the person to be searched on the run, without the presence of his family refuses to sign or, the investigation personnel shall indicate in the record.
Sixth section attachment, arrest
Article No. 222 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.
Holder refuses to hand over property, file attachment, arrest, the public security authorities can force seizure, seizure.
Article No. 223 requires distress during the investigation process, file, shall be subject to the law department head approval, making the seizure decision; need to distress in crime scene investigation or search, file, and decided by the field commander but distress, file value higher or seriously affected the normal production and operation shall be approved by the head of the public security organs above the county level, making the seizure decision.
During the process of investigation need to seize land, houses and real estate, or vessel or aircraft should not be moved and other large machinery, equipment and other specific movable property shall be approved by the head of the public security organs above the county level and make written decision of seizure.
Article No. 224 of attachment, arrest investigators shall be at least two people and produce relevant legal instruments provided for in the provisions of Article No. 223. Attachment, arrest record shall be kept and signed by investigators, holders and witnesses.
Unable to determine the holder or holders refused to sign, the investigation personnel shall indicate in the record.
No. 225 article on seized, and seized of property and file, should with presence witnesses and was seized, and seized property, and file of holds people enumeration clear, spot listed seized, and seized listing a type three copies, stated property or file of name, and number, and number, and features and source,, by investigation personnel, and holds people and witnesses signature, a copies handed holds people, a copies handed police organ custody personnel, a copies attached volume reference.
Unable to determine the holder of property, documents or holder refuses to sign, the investigators should be indicated in the list.
Legal attachment of cultural relics, gold, silver, jewelry, valuable paintings and other valuables, photos or videos, and timely appraisal and valuation. No. 226 article on as crime evidence but inconvenience extraction of property, and file, by registration, and photo or video, and valuation Hou, can make property, and file holds people custody or sealed, and issued registration save listing a type two copies, by investigation personnel, and holds people and witnesses signature, a copies handed property, and file holds people, another a copies together with photos or video information attached volume reference.
Properties, document holder shall keep, not transferring, selling or destroying.
Article No. 227 seized the suspect mail, electronic mail, telegram, shall be approved by the head of the public security organs above the county level, making notice of seizure of mail, Telegraph, notify the Department of post and telecommunications or network services liable to seizure.
When you do not need to continue the seizure shall be approved by the head of the public security organs above the county level, made dismissing the notice of mail, Telegraph, immediately notify the Department of post and telecommunications or network services unit. Section No. 228 of the sealing up, distraining the property, documents, mail, electronic mail, telegram, identified as irrelevant to the case, should be within the 3rd lift attachment, arrest, returned to their original owners or former PTT, network service unit; origin uncertain, should take notice to inform their owners claimed.
Within six months of the notification to their original owners or public notice, unclaimed, treated as bona vacantia, turned over to the National Treasury after registration.
Article No. 229 the legal ownership of property and the fruits of the victims clearly contentious and suspected criminal facts are verified, should be promptly returned after registration, taking pictures or videos, valuation, and indicate the reason for the return in the case files, original photos, lists, and victims receive procedures file for future reference.
Fail to find the victim, or after notifying the victim, unclaimed, about the property and its fruits should be transferred together with the case. Section No. 230 of the seizure, seizure of property and its fruits, file, the public security organ shall keep, for verification.
No units or individuals shall not use, change, destroy or dispose of.
To easily spoiled and other difficult to keep the property, depending on the circumstances and approved by the head of the public security organs above the county level, taking pictures or videos of relevant departments of the Commission sale, auction, sale and auction price has not yet been saved, pending the end of the proceedings be dealt with together.
The contraband, should be dealt with in accordance with the relevant provisions of the State; needs to be used as evidence, should be in litigation after the end of treatment.
The seventh section to inquire about, freeze
No. 231 public security organs according to the needs of crime investigation, inquire about, freeze the suspects in accordance with provisions of deposits, remittances, bonds, stocks, shares, property, and units and individuals may be required to cooperate with.
Article No. 232 units such as inquiry suspects from financial institutions deposits, remittances, bonds, stocks, funds and other property shall be approved by the head of the public security organs above the county level, making letters of assist the query property, notify financial institutions and other units.
No. 233 must freeze criminal suspects in the financial institutions and other units of the deposits, remittances, bonds, stocks, funds and other property shall be approved by the head of the public security organs above the county level, making letters of assist the freezing of property, notify financial institutions and other units.
Article No. 234 does not need to freeze suspect deposits, remittances, bonds, stocks, funds and other property shall be approved by the head of the public security organs above the county level, making help unfreeze property notice, inform the financial institutions unit.
Article No. 235 criminal suspects ' deposits, remittances, bonds, stocks, shares and other assets had been frozen, not frozen, but can wait for the freeze. Article No. 236 frozen deposits or remittances of such property for a period of six months. Frozen bonds, stocks, shares and other securities for a period of two years. There is a specific reason to extend the term of, the public security organs should be frozen before the expiration of the freeze formalities. Each time frozen deposits, remittance period of such property shall not exceed six months; each time frozen bonds, stocks, shares and other securities for the longest term shall not exceed two years. Continue to be frozen, should be in accordance with the provisions of Article No. 233 for the freezing procedures.
Fails to handle the continued freezing procedures, deemed to be unfrozen automatically.
Section No. 237 of the frozen bonds, stocks, shares, property, shall inform the party or his legal representative or agent the right to apply for sale. Right people written application sold was freeze of bonds, and stock, and Fund share, property, not damage national interests, and victims, and other right people interests, not effect litigation normal for of, and freeze of Bill, and promissory notes, and check of validity is expires of, by County above police organ head approved, can law sold or variable now, proceeds price should continues to freeze in its corresponds to of bank account in the; no corresponds to of bank account of, proceeds price by police organ in bank specified specifically account custody,
And to promptly inform the party or its close relatives.
Article No. 238 on the freezing of deposits, remittances, bonds, stocks, shares, property, identified as irrelevant to the case, shall notify the financial institutions and other units within 3rd unfreeze and notifies the frozen deposits, remittances, bonds, stocks, shares and other property owners.
The eighth section identification
Article No. 239 in order to identify the case, addressing certain specific issues in the case shall be assigned or invited to identify people with expertise.
Need to hire people with expertise in identification, shall be subject to approval of the head of the public security organs above the county level, making identification of employed books.
No. 240 public security organs should provide necessary conditions for appraiser for appraisal, experts in a timely manner to the relevant samples and comparing samples of raw materials, introduction and identification-related conditions and expressly requested identification problem.
Ban hints or force the experts to make some kind of expert opinion.
No. 241 of custody and investigators shall do samples submitted, and indicate the persons responsible for sample submission links, identity in circulation and ensure that samples are not contaminated. Expert witness shall, in accordance with Article No. 242 qualification rules, applying scientific methods to identify independent.
After identification, shall issue identification and sign the expertise report, accompanied by an accreditation body, and expert qualification certificate or other supporting documentation.
Identification of participants, experts have different views on which shall be indicated.
Section No. 243 of the expert opinion, investigators should be reviewed.
As the evidence on the use of expert opinion, the public security organ shall promptly inform criminal suspects, victims or their legal representatives. No. 244 criminal suspect, disagrees with the views on the identification of the victim to apply, as well as handling Department or investigators have doubts about expert opinion, expert opinion may be communicated to other personnel with specialized knowledge of comments.
If necessary, ask the expert and record volume.
No. 245, upon examination, found to have one of the following circumstances, approved by the head of the public security organs above the county level, identification should be added:
(A) the identification of content has obvious omissions;
(B) found evidence for the significance of the new identification;
(C) the identification evidence of the new identification requirements;
(D) the expert opinion is not complete, and delegate matters cannot be determined;
(E) identification of other needs.
Upon review, these conditions are not met, approved by the head of the public security organs above the county level, made the decision not to grant supplementary identification and up to 3rd after the decision a notice in writing to the applicant.
No. 246, upon examination, found to have one of the following circumstances, approved by the head of the public security organs above the county level shall recertification:
(A) identification of technical requirements of procedure illegal, or in violation of the relevant professions;
(B) identification, experts do not have the identification of qualifications and conditions in institutions;
(C) defendant intentionally false identification or the conflict of interest provisions;
(D) expert opinion evidence is clearly insufficient;
(V) material false or corrupted;
(Vi) other circumstances that warrant the re-evaluation.
A new expert panel shall be assigned or invited experts.
Upon review, these conditions are not met, approved by the head of the public security organs above the county level, made the decision not to grant recertification, and up to 3rd after the decision a notice in writing to the applicant.
No. 247 public prosecutor, the parties, or disagrees with the Defender or agent ad litem for expert opinion, after notification by the people's Court according to law, the public security organ experts testify.
Defendant intentionally false identification, shall be investigated for legal responsibility.
Section No. 248 of the suspect for psychiatric examination period of time without handling, other identification should be included in the case expires.
Nineth day identification
Article No. 249 in order to identify the merits, when necessary, investigators can make crime victims, witnesses or suspects to crime-related articles, documents, body, place, or identified the suspects. Article No. 250 identification should be carried out under the auspices of the investigators.
Investigators identified under the auspices of not less than two.
Several identified people to read the same identifying objects, should be to identify people individually. Article No. 251 read, identifying objects should be mingled with characteristics similar to other objects, shall not identify any hint.
Identify the suspect, shall not be less than the number of identified seven; the suspect photo identification, shall not be less than ten photos identified items, hybrid of similar items shall not be less than five.
To identify the specific identifying objects such as sites, body, or identify who can accurately describe the unique characteristics of, and foil any number limit.
Section No. 252 of the identification of the suspect, identified when people do not want to open, and can be carried out without exposure to identify people, and to keep it secret. Section No. 253 on the identification and results should be made to identify records from investigators, to identify people, witness signatures.
If necessary, the recognition process should be audio or video.
The tenth section of technical investigation
No. 254, the public security organ after acceptance, according to the needs of crime investigation, following serious anti-social criminal cases can be taken technical measures:
(A) crime against State security, terrorism, mafia-style organized crime, major drug cases;
(B) murder, intentional injury, resulting in serious injury or death, rape, robbery, kidnapping, arson, explosion, release of dangerous substances and other serious crimes of violence;
(C) the group, series, sex, trans-regional major crimes;
(D) the use of telecommunications, computer networks, delivery channels, and implementation of major criminal cases, and cases of serious crime committed against a computer network;
(E) other serious anti-social criminal cases, the law may be sentenced to imprisonment of seven years.
Police Hunt for wanted persons or approval, decided to arrest a fugitive suspect, defendant, could be necessary for the pursuit of the technical investigation measures.
Article No. 255 technical investigation is a district of the city-level public security organ above the sectors responsible for technical investigation of transactions monitoring, movement monitoring, traffic monitoring, site monitoring, and so on.
Object is the application of technical investigation of crime suspects and defendants and persons directly associated with criminal activities.
Section No. 256 technical investigation measures need to be taken, shall draw up a petition to adopt technical investigation report, located above city level of approval of the head of the public security organs, making technical investigation measures.
People's Procuratorate and other departments decided to take the technical investigation, a public security organ, located above city level of the public security organs in accordance with the provisions of the relevant formalities, the departments responsible for technical investigation, and will notify the people's Procuratorate and other departments of the implementation.
Section No. 257 technical investigation measures within three months from the date of issue of the decision valid.
During the effective period, do not need to continue technical investigation measures, handling a Department shall immediately notify the Department responsible for technical investigation lifted the technical investigation measures; the Department responsible for technical investigation deems it necessary to remove the technical investigation measures, approval of the head of the approval authority, make technical investigation measures lifted decision, and promptly notify the Department of handling cases. Of complex and difficult case, expiry of the term of validity of the technical investigation measures need to continue technical investigation measures, after examination by the departments responsible for technical investigation, approval of the head of the approval authority, make written decision on the extension of the technical investigation period.
Approval to extend the deadline, may not exceed three months.
Has expired, the Department responsible for technical investigation should be immediately lifted the technical investigation measures.
No. 258 technical investigation measures must be in strict accordance with the applicable object type, and duration of implementation of measures approved.
During the effective period and need to change the type of technical investigation measures or the application object, shall, in accordance with the provisions of Article No. 256 apply for approval again. Article No. 259 technical investigation measures for the collection of materials can be used as evidence in criminal proceedings.
Using the technical investigation measures to collect material evidence, which may endanger the physical safety of the person concerned, or it may have other serious consequences, without revealing the person concerned should be taken identity and use of technical equipment, detection methods, such as protective measures.
Technical investigation measures for the collection of materials for use as evidence, technical investigation measures shall be attached to the book volumes.
Article No. 260 technical investigation measures to gather material, shall be kept strictly in accordance with the relevant provisions, can only be used for criminal investigation, prosecution and trial, and may not be used for other purposes.
Has nothing to do with the case of the technical investigation measures to gather materials, it must immediately destroy, and destruction of records.
No. 261, investigators of the technical investigation measures known in State secrets, business secrets and personal privacy, should be kept confidential.
Public security organs in accordance with the technical investigation measures, relevant units and individuals shall coordinate with, and the information to be kept confidential.
Article No. 262 in order to identify the merits, when necessary, by the head of the public security organs above the county level decided, by the investigators or conceal their identity for officials designated by the public security organs to implement investigations.
Hidden identity implementation of investigations, criminal intent may use to promote others methods of soliciting a crime shall not be likely to endanger public safety or serious physical danger.
Article No. 263 concerning payment of contraband such as drugs or property crimes, for the identification of persons involved in the Commission of the offence and the facts of the crime, according to the investigative needs, by the head of the public security organs above the county level decided to enforce controlled deliveries.
No. 264, public security organs in accordance with the provisions of this section shall implement conceal their identity detection and collection of controlled delivery of materials can be used as evidence in criminal proceedings.
Use of hidden identity detection and control of delivery when collecting material as evidence, may conceal their identity-threatening the personal safety of staff, or may have other serious consequences, not exposure to personnel identity protection measures should be taken.
Wanted by the 11th Festival
Article No. 265 criminal suspects at large should be arrested, the public security organ may issue a warrant, to take effective measures to pursue him for arrest.
Public security organs at or above the county level in the areas under their jurisdiction, may directly issue arrest warrant; areas beyond their jurisdiction, and shall be submitted to the authority to determine superior public security organ releases.
Scope of notices sent, decided by the head of the public security organs issued arrest warrants. Should be as stated in the article No. 266 wanted wanted the name, with your name, alias, nickname, gender, age, ethnicity, nationality, place of birth, domicile, place of residence, occupation, social security number, age, clothing, accent and physical characteristics, habits, and wanted one recent photos, you can attach pictures of fingerprints and other physical evidence.
In addition to confidential matters and shall specify the time, place and specific case of incidence. Section No. 267 after arrest warrant issued, if you find that important new developments can reissue report. Notification must indicate the number and date of the original warrant.
No. 268 public security organ after receiving the warrant should be arranged in a timely manner and seizing.
After the suspects, subject to approval of the head of the public security organs above the county level, with the arrest or custody of the relevant legal instruments and verify notice warrant issued, handing over procedures. Section No. 269 need border control measures against suspects in the port shall be made in accordance with the relevant provisions of control notice, after examination by the head of the public security organs above the county level, cengbao of provincial level public security organ, a handle border control measures nationwide.
Necessary to restrict the liberty of suspects, shall be attached to the relevant legal instruments.
Emergencies, border control measures need to be taken, correspondence issued by the public security authorities at or above the county level may, prior to local border traffic control, but it should be within the 7th in accordance with the procedures under national border control measures.
Section No. 270 for significant clues for crime recovered in connection with the property, evidence, seizing suspects and, if necessary, approved by the head of the public security organs above the county level, you can post a reward notice.
A reward notice shall specify the objects and offering a reward bounty amount.
Article No. 271, wanted a reward notice should be widely posted and through radio, television, newspapers, Internet release.
Section No. 272 after verification, criminal suspects have surrendered, been killed or captured, and the discovery of other unwanted wanted, edge control, a reward notice issued shall, within the scope of the original wanted list, notifications, circulars, and notice of revocation warrant, border control, a reward notice.
Section No. 273 wanted for escape, the defendant or the offender, and the relevant provisions of this section shall apply.
12th section investigation
No. 274, an investigation of a case, should comply with the following conditions:
(A) the facts of the case;
(B) the evidence is true and sufficient;
(C) the criminal charges and finds the correct;
(D) the legal formalities;
(E) shall be investigated for criminal responsibility according to law.
No. 275, an investigation of a case, investigation shall make a final report.
The final report should include the following:
(A) the basic situation of criminal suspects;
(B) whether measures were being taken and the reasons for it;
(C) the facts and evidence of the case;
(D) the legal basis and the comments.
No. 276 investigation of cases to deal with, and approved by the head of the public security organs above the county level; major, complex and difficult cases should be subject to collective discussion.
Article No. 277 investigation after the end of full dossier shall be binding according to the request file.
Transferred to the people's Procuratorate of cases, removal of actions-only volume, volume by the public security organs of investigation archive for future reference.
Article No. 278 to seal up or seize property from suspects and Fructus, documents or freezing of assets, as evidence, shall be transferred together with the case and making the case list in duplicate, a retirement, a people's Procuratorate. For real should not be transferred to, and its listing, photos or other documents should be transferred together with the case. The people's Court after the verdict, according to the Court's notice, turned over to the State Treasury or be refunded in accordance with law, and to the people's Court to the receipt.
Not to deal with the people's Court shall consult the Court opinion, and based on the decision of the people's Court according to law.
Section No. 279 of the investigation of a case for prosecution shall be made, upon approval by the head of the public security organs above the county level, together with all files and evidence, and the views submitted by the defence counsel, be transferred to the Procuratorate at the same level review decision and refer the case to inform the suspect and his counsel.
Article No. 280 of common criminal cases for prosecution, shall be indicated in each criminal suspects in the crime status, role, and the guilty plea of guilt, and put forward opinions.
Article No. 281 victims of incidental civil action is proposed, should record when submitted for examination and prosecution shall be prosecuted last State.
No. 282 of the people's Procuratorate's decision not to prosecute, if the suspect is in custody, the public security organ shall immediately release formalities, and sealing up, distraining and freezing properties according to the people's Procuratorate of the lifting of a notice in writing promptly lift the sealing up, distraining, freezing.
Given to the people's Procuratorate on charge of administrative punishments, administrative punishments or confiscation of illegally obtained by the public prosecutor's opinion, transferred to the public security organs, the public security organ shall promptly notify the people's Procuratorate.
Article No. 283 believes that there is an error made by the people's Procuratorate decided not to prosecute shall, after receipt of the decision not to prosecute within the 7th production requirements review submissions, upon approval by the head of the public security organs above the county level, and transferred to the Procuratorate at the same level for reconsideration.
Request reconsideration of opinion was not accepted, could receive the people's Procuratorate in the 7th after the reconsideration decision within the production drew attention to the review of submissions, upon approval by the head of the public security organs above the county level, together with the reconsideration decision of the people's Procuratorate, also drew attention to the people's Procuratorate at a higher level for review.
13th Festival supplement investigation
Article No. 284 investigation, transferred to the people's Procuratorate for examination and prosecution of the case, the people's Procuratorate returned to the public security organ for supplementary investigation, public security authorities after receiving the people's Procuratorate of legal instruments for the return of a case for supplementary investigation, should be in accordance with the outline of the supplementary investigation in for supplementary investigation is completed within one month.
Supplementary investigation is limited to secondary.
Return of a case for supplementary investigation section No. 285 of the people's Procuratorate of cases, depending on the circumstances, approval of the head of the public security organs above the county level, respectively, as follows:
(A) the facts are clearly ascertained, insufficient evidence, should additional evidence, make a written supplemental investigation report, transferred to the people's Procuratorate's examination; not with additional evidence, and shall give an explanation;
(B) the supplementary investigation in the process of finding new accomplices or new crimes, criminal, and should be reworked for prosecution, transferred to the people's Procuratorate for examination;
(C) the original offences established by the fact that there is a significant change, should not be held criminally responsible, new opinion shall be, and will return the results to check people's procuratorates;
(D) original cognizance of criminal facts are clear, the evidence is true and sufficient, the people's Procuratorate of inappropriate return of a case for supplementary investigation, it shall explain the reasons, transferred to the people's Procuratorate for examination.
Article No. 286 for the people's Procuratorate in the prosecution process, as well as in the people's Court before the verdict, asked the police to provide the evidence necessary for the Court shall collect and make available in a timely manner.
Nineth Chapter Executive
Delivery of the first criminals
Article No. 287 of the sentenced offender if the offender has been taking measures of constraint, the public security organs shall, in accordance with the judgment and order book of the Court entered into force, as well as the notice of execution, executed criminals.
Judgment of the people's Court for acquittal or removal of criminal penalties, if the accused is in custody, after receiving appropriate legal instruments, public security authorities should immediately release formalities; the Court recommendation for administrative processing, shall be transferred in accordance with the relevant regulations or the relevant Department.
Article No. 288 of criminals sentenced to death, the public security organs shall, in accordance with the people's Court executed command will be handed over to the people's Court for execution of offenders.
Entry into force article No. 289 police received a court imposed a death sentence with two years, life imprisonment or fixed-term imprisonment after notice of the judgment and order book as well as to perform, shall be executed criminals sent to prison in less than a month.
Juvenile offenders should be sent to the juvenile correctional sentences.
Article No. 290 of sentenced criminals, before delivery of the enforcement of sentences, the remaining sentences of less than three months, by the detention center under the people's Court's ruling on behalf of the Executive.
Criminals sentenced to criminal detention, carried out by the detention center.
Article No. 291 was sentenced to public surveillance, declared probation, parole and temporary execution of criminals, was in custody, detention center to deliver the community corrections agencies.
Offenders sentenced to deprivation of political rights, carried out by offenders residence police station.
Article No. 292 was sentenced to jail on behalf of execution and sentenced offenders, without making the new offences during execution, execution expires, the detention house shall issue a certificate of release from prison.
No. 293 the public security organs in the implementation of the penalty, if you believe that there is an error or a criminal complaint shall be referred to the people's Procuratorate or upheld the people's Court for handling.
Section II of commutation, parole and temporary execution outside prison
Section No. 294 of the jail sentences of criminals in accordance with law, meets the conditions for commutation, produced by the prison commutation proposal districts after the above city-level public security organs for examination and approval, approval of the intermediate people's courts or above, where the audit found.
Section No. 295 of the jail sentences of criminals in accordance with law, in line with the conditions of parole from jail made written recommendation, the districts after the above city-level public security organs for examination and approval, approval of the intermediate people's courts or above, where the audit found.
Article No. 296 on the execution of criminal punishments according to law criminal, 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.
Of temporary execution of criminals, the detention house shall submit a written opinion, district public security organ above city level while writing copy people's procuratorates at the same level.
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.
No. 297 of public security organs to decide on temporary execution of offenders, temporary execution of decision making should be of temporary execution of criminals and is responsible for the execution of community corrections Agency, with a copy to the people's procuratorates at the same level.
Article No. 298 of temporary execution of public security organ after receiving the people's procuratorate considers that temporary execution outside prison inappropriate comments shall be immediately re-verification of temporary execution of decisions.
Article No. 299 of temporary execution of criminals, any of the following circumstances, approval of temporary execution outside prison to prison to the public security organ shall execute decisions:
(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.
Temporary execution of criminal decisions of prison execution, carried out by the temporary execution of detention in prison of offenders.
Does not meet the conditions of temporary execution of criminals is temporary execution outside prison through bribery and other illegal means, or during the period of temporary execution of offenders escaped criminals were executed by prison, where recommendations are not included in the enforcement of sentences the detention center should be, the districts after the above city-level public security organs for examination and approval, approval of the intermediate people's courts or above, where the audit found.
Section III of deprivation of political rights
Responsibility of the No. 300 police stations should be deprived of political rights in accordance with the Court's decision to the culprits and their units, living grass-roots organizations announced that the facts of the crime, the period of deprivation of political rights, as well as during execution of offenders shall comply with the provisions.
No. 301 was deprived of political rights for criminals during the implementation shall comply with the following requirements:
(A) to comply with state laws, administrative regulations and the relevant provisions established by the Ministry of public security, subject to supervision and management;
(B) shall not have the right to vote and to be elected;
(C) not organize or participate in an Assembly, a procession or a demonstration, of association activities;
(D) shall not be published, production and distribution of books, audio and video products;
(E) an interview shall not speak;
(F) shall not be published in inside and outside counter to national honor, interests or other socially dangerous speech;
(VII) shall hold office in government service;
(H) shall not hold the State-owned company, Enterprise, institution or people's organization leader.
Article No. 302 of criminals be deprived of political rights in violation of the provisions of Article No. 301, does not constitute a new crime, the public security organs shall be given administrative penalties for public security.
Article No. 303 of criminals be deprived of political rights, execution expires, the public security organ shall notify me in writing and their units, and grass-roots organizations.
Fourth quarter for committing new crimes Section No. 304 of the jail sentences of criminals, during the period of temporary execution outside prison and commits a new crime, by the public security organ in the investigation of crime, and notify the authorities.
After the approval authority to make admission decisions should be based on the investigation and judgment needed from criminal detention center or to detention in prison carried out temporary execution outside prison.
Article No. 305 persons deprived of political rights, regulations, suspended during execution and parole offenders have committed new crimes, by the public security organ in the investigation of crime.
On leaving jail sentences of criminals, parole is revoked for committing new crimes, should be according to the investigation, the trial needs carried out by taken into criminal detention center or the original implementation of the detention center.
The tenth chapter of the special procedures
Section juvenile criminal proceedings
No. 306, the public security organs in handling juvenile criminal cases, the implementation of education, persuasion and redemption policy, adhere to the principles of education, punishment as a supplement.
No. 307 public security organs in handling juvenile criminal cases shall guarantee minors to exercise their legal rights and access to legal help, protect the reputation and privacy of minors, respect for their human dignity.
No. 308 public security organs should set up specialized agencies or to equip fulltime staff in handling juvenile criminal cases.
Juvenile criminal cases should be familiar with the physical and mental characteristics of minors, is good at doing ideological education work and have some experience in dealing with officers.
Article No. 309 of juvenile suspects does not entrust, the public security organ shall notify the legal aid agency to assign lawyers to defend them.
No. 310 public security organs in handling juvenile criminal cases, the emphasis should be to identify juvenile suspects to commit a crime when aged 14 years, 16 years, critical under 18 years of age.
No. 311 public security organs in handling juvenile criminal cases, depending on the circumstances growing up in juvenile criminal suspects, crime can be cause, custody and education survey and production of investigation reports.
Report, at the time of request for approval of arrest, transfer to prosecute, should combine the merits consideration and investigation reports and the case file be transferred to the people's Procuratorate. Article No. 312 questioning juvenile suspects, it shall notify the legal representatives of the juvenile suspects 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 other adult relatives of the juvenile suspects, school, living units, where grass-roots organizations or representatives of the minors ' protection organizations present and the situation on the record.
Legal representative may exercise of procedural rights of juvenile criminal suspects.
Legal representative or other staff investigators during questioning in violation of the legitimate rights and interests of minors, the public security organs should be carefully verified and dealt with according to law.
No. 313 questioning juvenile suspects should take the form of suitable for minors, and patiently listen to their statement or justification, carefully examine the evidence and clues, verified in connection with the case, and its ideological concerns, fear, resistance to persuasion and education.
Examination of female juvenile suspects should have female staff are present.
No. 314 interrogation shall make juvenile criminal suspects, legal representatives or other persons present to read or to read record disagrees with the contents, shall verify the clear admission to correct or supplement.
Article No. 315 asked juvenile victims, witnesses, these provisions shall apply to provisions of Article No. 312, No. 313, No. 314.
Section No. 316 of the juvenile suspects should be strictly limited and discouraging the use of arrest.
After juvenile suspects were detained, arrested, subject to management, change compulsory measures by law does not pose risk to the public, be able to guarantee the normal conduct of the proceedings, the public security organ shall promptly change enforcement; people's Procuratorate approved the arrest of the case, the public security organ shall notify the people's Procuratorate promptly of any changes of coercive measures.
Article No. 317 on the custody of minors should be held separately from adults and management education, respectively, and according to their physiological and psychological characteristics in living and learning to take care of.
No. 318 people's Procuratorate in the minors before making a conditional decision not to prosecute, and listen to the views of public security organs, the public security organ shall submit a written opinion, approved by the head of the public security organs above the county level, and transferred to the Procuratorate at the same level.
Article No. 319 believes that the people's procuratorates the postponement decision made wrong, should receive a decision in writing within the 7th production requirements review submissions approved by the head of the public security organs above the county level, and transferred to the Procuratorate at the same level for reconsideration.
Request reconsideration of opinion was not accepted, could receive the people's Procuratorate in the 7th after the reconsideration decision within the production drew attention to the review of submissions, upon approval by the head of the public security organs above the county level, together with the reconsideration decision of the people's Procuratorate, also drew attention to the people's Procuratorate at a higher level for review.
Article No. 320 minors 18 years of age at the time of the crime, was sentenced to five years in prison following the penalty, the public security organs shall, in accordance with the people's Court judgement has entered into force, the minor criminal records to be sealed.
Criminal records sealed, in addition to judicial organs for handling requires queries or, in accordance with State regulations, the public security organs shall not be provided to any other entity or individual.
Sealed criminal records of minor crimes if a leak is found, merge was sentenced to five years in prison at least and should hold its criminal records.
Article No. 321 in handling juvenile criminal cases, except as provided in this section is outside of, and in accordance with the provisions of the other regulations.
Section II Party reconciliation proceedings before the public prosecution cases
No. 322 following a case of public prosecution, the suspect sincere repentance, obtained by way of damages, an apology to victims victims understanding voluntary reconciliation of victims, approved by the head of the public security organs above the county level, according to law as a reconciliation of public prosecution cases dealt with by the parties:
(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 had intentional crimes within five years, no prosecution case as a party to the reconciliation process.
Article No. 323, one of the following circumstances, not part of the crime due to civil disputes:
(A) hired harm to others;
(B) involving organized crime;
(C) relates to cause trouble;
(D) relates to affray;
(E) the times of deliberate grievous bodily harm;
(F) other appropriate settlement.
Article No. 324 of reconciliation of the parties, the public security organ shall examine whether the facts of the case clearly, voluntary reconciliation of victims, are in accordance with the conditions laid down.
When the public security organs shall hear the views of the parties, and for the record, if necessary, you can hear the parties relative, local residents committees and villagers committees and other related staff, familiar with the case.
Article No. 325 of reconciliation, the public security organ shall preside over the settlement agreement, and signed by the parties and other participants.
Parties in a minor, minor's legal representative or other adult relative shall be present.
No. 326 settlement agreement should include the following:
(A) the basic facts of the case and the main evidence;
(B) crimes committed by the suspect admitted, the alleged crimes had no objection, sincere repentance;
(C) the suspect by way of apology and compensation to victims, such as access to victim understanding relating to compensation for the loss of, and shall specify the amount of compensation, modalities, etc; file an incidental civil action and withdrawn by the incidental civil action plaintiff incidental civil action;
(D) voluntary reconciliation of victims, request or agree to the criminal suspect shall be given lenient punishment.
Settlement agreements shall comply in a timely manner.
Article No. 327 cases reached a settlement agreement, approved by the head of the public security organs above the county level, while public security authorities to transfer the case to a people's Procuratorate for examination and prosecution, and can make recommendations for clemency.
Section III criminal suspect escape, the death of illegal income confiscated program
No. 328 under any of the following circumstances, it shall be recovered in accordance with criminal law its illegal income and other property in connection with, and approved by the head of the public security organs above the county level, the public security organ shall write a confiscation of illegal earnings representations, transferred to the Procuratorate at the same level, together with relevant evidence:
(A) terrorism and other major crimes, criminal suspect escape, wanted not to case a year later;
(B) deaths of suspects. Death of suspect, existing evidence of its illegal income and other property shall be confiscated in connection with police can conduct an investigation.
Public security agencies in the investigation, seizure, seizure, inquire about, freeze the law.
Article No. 329 confiscated submissions should include the following:
(A) the basic situation of criminal suspects;
(B) the facts and evidence;
(C) the wanted criminal suspect escape, or die;
(D) the suspect's illegal gains and other type, quantity, location of the property involved;
(E) such as sealing up, distraining, freezing conditions.
No. 330 police will confiscate the illegal income after submission transferred to the people's Procuratorate, escaped criminal suspects voluntarily surrendered or were captured, the public security organ shall promptly notify the people's Procuratorate at the same level.
Fourth mental patient not criminally responsible according to law for compulsory medical program
No. 331 public security organ finds violence endangers public security or seriously harm the personal safety of citizens suspects may belong to the mental patient not criminally responsible according to law, should be psychiatric appraisal.
Identification law No. 332 of the statutory procedures not criminally insane, has continued to affect the community may, subject to compulsory medical treatment conditions, public security organs shall within the 7th write compulsory medical treatment submissions approved by the head of the public security organs above the county level, together with the relevant documentary evidence and expert opinion be transferred to the Procuratorate at the same level. Violence Article No. 333 of the mentally ill, people's Court before the compulsory medical treatment, approved by the head of the public security organs above the county level, the public security organ may take interim protective measures to restrain.
If necessary, it can be sent to a psychiatric hospital for treatment.
Article No. 334 temporary restraint measures, the mental patients should be under strict surveillance, and constrain the manner, methods and efforts to avoid and prevent causing danger to their own safety and mental patients to limit.
For mental patients have no continuing danger to society may, after the removal of constraint does not pose a risk to the public, the public security organ shall promptly lift the restrictive measures.
11th case collaboration
Section No. 335 of the offsite public security authorities to assist in the investigation, coercive measures, such as collaboration, as long as the legal formalities, supporting collaboration to the public security organ shall, without delay and without conditions, and shall not charge any fee.
No. 336 above county level public security organs in handling criminal cases require collaboration of public security organs in different places, it shall make the collaboration of handling communications.
In charge of the public security organs above the county level after receiving the offsite public security organs requesting letters of collaboration, shall appoint a head of Business Department.
No. 337 of crime to get clues, do not fall under its jurisdiction, should timely transfer of jurisdiction or other relevant Department of public security authorities.
No. 338 offsite executed summons and issue, law enforcement officers should be called permit holders, issue permits, handling communications and collaboration work documents, contact and collaboration with public security organs above the county level, collaboration, public security organs shall assist the suspect summons and issue to the cities and counties within the designated place or residence for questioning suspects.
Article No. 339 remote execution of detention, arrest, Executive Officer shall hold a certificate of detention, arrest, handling communications and collaboration work documents, contact and collaboration with public security organs above the county level, staff of the collaboration to the public security organ shall assist in the implementation.
Article No. 340 delegates offsite public security organs carry out detention, arrest, detention, arrest should be permit, case coordination letter served on the collaboration to the public security organs. Has been determining detention, arrested the suspect at large, can work through online platforms release the suspects related to information, or the warrant of detention.
Police found the fugitives should be immediate arrest. Collaboration with police after the suspects arrested, shall immediately notify the Commission and the public security organs.
Entrusted to the public security organ shall immediately bring legal instruments proposed solutions in a timely manner, investigation of solution shall be at least two people.
Article No. 341 offsite public security organs for investigation of criminal suspects identity, age, criminal history, Assistant investigation police short notice should an investigation within the 7th result notification request an investigation of public security organ; the traffic is in remote areas with limited mobility, should an investigation within 15th results notification request an investigation of a public security organ.
Offsite public security organs requesting assistance for crime investigation or query information, data and collaboration to the public security organ shall timely assistance and feedback.
No. 342 must handle offsite queries, sealing up, distraining or freezing of property, crime files, law enforcement officers shall take the relevant legal instruments, handling communications and collaboration work documents, contact and collaboration with public security organs above the county level, collaboration to the public security organs shall assist in the implementation. In urgent cases, cases can be collaborative letter fax and related legal instruments to public security organs above the county level to collaborate, collaboration, public security organs shall take timely measures.
Delegate to handle public security organs shall immediately send personnel to collaboration.
Article No. 343 of serious consequences for failure to comply cases collaboration functions, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
No. 344 collaboration to the public security organs in accordance with the requirements of requesting the collaboration of the public security organs, fulfil case collaboration duties arising out of legal obligation, assumed by the public security organs requesting collaboration.
12th chapter of foreigner crime cases handled
Article No. 345 foreigners ' crimes, should be strictly in accordance with China's laws, rules and regulations, safeguard China's sovereignty and interests, and on the basis of the principle of reciprocity, fulfil our international treaty obligations.
Article No. 346 foreign suspects in criminal proceedings, litigation rights prescribed by law in China, and undertake corresponding obligations. Article No. 347 of foreign nationality the nationality of suspects, to be confirmed upon entry with valid ID; of unknown nationality, be identified by the exit-entry Administration Department to assist.
Nationality could not be identified in order to treat stateless persons. Article No. 348 criminal suspects of foreign nationality, in accordance with relevant international treaties or through the International Criminal Police Organization and police cooperation channels for processing. Could not be identified, can be transferred to the people's Procuratorate for examination and prosecution by its name.
Article No. 349 suspects enjoy diplomatic or consular privileges and immunities of foreigners shall be cengbao the Ministry of public security, also informed the Foreign Affairs Office of the people's Governments at the same level, handled by the Ministry of public security, Ministry of Foreign Affairs through the diplomatic channel. No. 350 public security organ handling cases of foreigners who commit crimes using the People's Republic of China written language in common.
Is not familiar with the Chinese language and characters from the suspect, the public security organ shall be translated for them.
Article No. 351 aliens cases by public security organs above the county level of the criminal investigation.
Article No. 352 foreigners who People's Republic of China concluded or taken part in crimes after entering the country under international treaties in the field, were captured by the alien's districts above city level police investigation.
Article No. 353 of foreigners in People's Republic of China outside the territory of China shipbuilding or aircraft within a crime, by the crime occurred after the ship or aircraft is initially parked or land above the county level, destination port traffic or the civil aviation public security organ or the foreigner residence filed for investigation of public security organs above the county level; there is no traffic or civil aviation public security organ, governed by local public security organs.
No. 354 of aliens in international crime on trains, train China initially docked to the station after the crime occurred is located above the county level, the destination of the railway police organs or the alien residence of file for investigation of public security organs above the county level.
Article No. 355 of foreigners in People's Republic of China outside the territory of the People's Republic of China National or a citizen crime shall be punished by from the aliens or after entering the residence of file for investigation of public security organs above the county level; the foreigners not entered, by public security organs above the county level of the residence of the victim filed for investigation without victims or the People's Republic of China National Crime, jurisdiction specified by the Ministry of public security. Significant or likely to cause diplomatic representations in the article No. 356 cases of foreigners who commit crimes, the relevant provincial public security organ shall promptly handle the circumstances of the case the Ministry of public security, also informed the Foreign Affairs Office of the people's Governments at the same level.
If necessary, by the Ministry of public security, Ministry of Foreign Affairs to notify the case our embassies and consulates.
Foreign suspects in accordance with law No. 357 section bail residential surveillance, after the decision or the implementation of detention or arrest shall, within 48 hours of cengbao provincial-level public security organs, and informed the Foreign Affairs Office of the people's Governments at the same level.
Major foreign-related cases shall, within 48 hours of cengbao the Ministry of public security, also informed the Foreign Affairs Office of the people's Governments at the same level. No. 358 article foreign nationality crime suspects law made bail awaiting trial, and monitored live decided or implementation detention, and arrested Hou, by provincial police organ according to about provides, will its name, and gender, and entry time, and passport or documents number, and case occurred of time, and locations, suspected crime of main facts, has take of forced measures and legal according to,, notification the foreigners belongs national of China Embassy, and Consulate, while report Ministry of public security.
Approved by the provincial public security authority, inform the consular mission of sub-provincial City Public Security Bureau may directly inform the consular functions.
Foreigners in police investigations or during execution of the penalty of death, provincial-level public security organ shall notify the alien concerned the nationality of foreign embassies, consulates, and the Ministry of public security.
Countries that are not set up embassies and consulates in China, can inform its hosting country's Embassy or Consulate; no escrow escrow State or country unknown, without notice.
Article No. 359 suspects of foreign nationality of entrust shall entrust the People's Republic of China law firm of lawyers. Article No. 360 police investigation before the end of foreign diplomatic and consular officials requested access under residential surveillance, detention, arrest, or detention center serving its citizens, should arrange matters relating to access.
Suspects denied their nationality to foreign diplomatic and consular officials to visit, the public security organs can not be arranged, but it should be its own written statement.
During the period of police custody during investigation, approved by the public security organs, suspects of foreign nationality and its close relatives, guardian, meetings and communications with the outside world.
Article No. 361 independent deportation penalties imposed by foreigners, provincial-level public security organs upon receipt of court rulings, implementation after a copy of the notice, shall designate the district municipal public security authorities at their place of foreigners implementation.
Aliens who have been sentenced to imprisonment, execution of punishment additional punishment is deportation should be performed after the expiry, provincial-level public security organs receiving the Executive transmitted by the higher authorities of the prison sentence, execute a copy of the notice or copy, shall designate the district municipal public security authorities at their place of foreigners implementation.
China Government has according to international treaty or People's Republic of China diplomatic privileges and exemption Ordinance of provides, on implementation crime, but enjoys diplomatic or consular privileges and exemption right of foreigners announced for not by welcomes of people, or not accept and refused to admitted its diplomatic or consular personnel identity, ordered deadline exit of people, no due reason late not automatically exit of, by Ministry of public security by Ministry of Foreign Affairs documents specified the foreigners location of provincial police organ is responsible for implementation or supervision implementation.
Article No. 362 cases of foreigners who commit crimes, not covered in this chapter, these provisions shall apply to relevant provisions in the other chapters.
No. 363 in handling criminal cases of stateless persons, the provisions of this chapter shall apply.
The 13th chapter of legal assistance in criminal matters and police cooperation
No. 364 of the Bureau of public security organs to conduct judicial assistance in criminal matters and police cooperation of the central competent authority, through the relevant provisions of international treaties, agreements, channels of communication, diplomatic channels or the International Criminal Police Organization, received or made to foreign requests for legal assistance in criminal matters or police cooperation.
Local public security organs at all levels in accordance with the responsibilities assigned to handle mutual legal assistance in criminal matters and police cooperation.
Other judicial organs in handling criminal cases, the need for foreign assistance of the police, handled by the central competent authority to contact the Ministry of public security.
Article No. 365 public security agencies in the framework of legal assistance in criminal matters and police cooperation, including criminal intelligence information exchange and cooperation, investigation and evidence collection, service of criminal procedure documents, transfer of material evidence and documentary evidence, material evidence such as audio-visual or electronic data, extradition, arrest and deport suspects, accused or criminals, as well as international treaties and agreements provide other legal assistance in criminal matters and police cooperation.
No. 366, without prejudice to the relevant international treaties, protocols, and the premise of our law, China's border district of the municipal public security authorities and county-level public security organs and police authorities of neighbouring countries, can be met in accordance with the customary exchange of law enforcement and personnel exchanges, border controls, police cooperation such as information exchange, it should be submitted to the provincial public security authorities, and report to the Ministry of public security, for the record. No. 367 of the Ministry of public security received from foreign judicial assistance in criminal matters or police cooperation, upon request, should be based on the provisions of Chinese laws and international treaties and agreements are reviewed.
In conformity with the provisions and relevant provincial public security authority, or transferred to other relevant central authority; that do not meet the requirements of the Treaty or agreement, returned to the requested party receives the request, through.
Article No. 368 is responsible for implementation of judicial assistance in criminal matters or police cooperation, public security organs after receipt of the request and accompanying material, should be in accordance with the legal provisions of international treaties, agreements and arrangements to implement and execution results and related materials submitted to the provincial public security organ after the audit submitted to the Ministry of public security.
In the process of implementation requires queries, such measures as sealing up, distraining, freezing, according to the Ministry of public security enforcement notice the legal formalities.
Providing inaccurate information or material in the request is not complete it is difficult to implement, and should be immediately reported to the Ministry of public security requirements by the provincial public security organs requesting supplementary materials due to any other reason unenforceable, or have refused assistance, cooperation could not be enforced, shall request and accompanying materials, together with the reasons could not be performed by the provincial public security authorities submitted to the Ministry of public security. Article No. 369 legal assistance in criminal matters and police cooperation, with processing time limit in the request, should be completed on schedule. Any processing time limit, investigation and evidence collection should be completed within three months; served on the instruments of criminal procedure should be completed within in the 10th.
Cannot be done, should explain the situation and reason, cengbao the Ministry of public security.
Article No. 370 need to request foreign police to provide legal assistance in criminal matters or police cooperation, shall be in accordance with relevant international treaties, the provisions of the agreement put forward requests for judicial assistance in criminal matters or police cooperation, accompanying documents and the corresponding translation after approval by the provincial public security authority submitted to the Ministry of public security.
No. 371 through the International Criminal Police Organization to arrest suspects, accused or criminal, query information, investigation and evidence collection should be applied cengbao Interpol China National Central Bureau.
Article No. 372 public security organ to provide or request foreign legal assistance in criminal matters or police cooperation shall charge or to pay the costs, in accordance with the relevant provisions of international treaties, agreements, or consultation in accordance with the principle of reciprocity shall be followed.
Article No. 373 cases of extradition, in accordance with the legal provisions and the implementation of the treaty concerned.
14th chapter supplementary articles No. 374 article this provides by said "against national security crime", including criminal points is first chapter provides of against national security crime and against national security of other crime; "terrorist activities crime", including to manufacturing social panic, and against public security or stress state, and international organization for purpose, take violence, and damage, and intimidation, means, caused or intent caused personnel casualties, and major property loss, and public facilities damaged, and social order chaos, serious social against of crime, and incitement, and
Financing or otherwise assisting in the implementation of the above-mentioned activities a crime.
Article No. 375 and his legal representatives, agents ad litem, requests for reconsideration review counsel, legal department by public security organs. No. 376 of these provisions come into force on January 1, 2013. Released on May 14, 1998, the regulations on the handling of criminal cases by public security (Ministry of public security, 35th) and released on October 25, 2007, the procedures of public security organs in handling criminal cases Amendment Act (Ministry of public security, the 95th) repealed simultaneously.
