Public Security Organs In Handling Criminal Review Review Case Procedures

Original Language Title: 公安机关办理刑事复议复核案件程序规定

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Public security organs in handling criminal review review case procedures

    (Released September 13, 2014, Ministry of public security, the 133th come into force November 1, 2014) Chapter I General provisions

    First in order to standardize the procedures of public security organs in criminal review, review cases, protect the legitimate rights and interests of citizens, legal persons and other organizations, safeguard and supervision of public security organs exercise their functions, in accordance with the People's Republic of China criminal procedure law and relevant provisions, these provisions are formulated.

    In a second criminal case rejected the application to the relevant personnel in public security organs to avoid fines, forfeiture of deposits, the guarantor and no filing decision, apply to the public security organs in criminal review, review, the public security organs receiving criminal review, an application for review, reconsideration or review decisions in criminal, these provisions shall apply.

    Article III public security organs in handling criminal review, review cases, should follow the principle of legally just and mistakes must be corrected to ensure that national laws are implemented correctly.

Fourth criminal review, the review body referred to in these provisions refers to Police Department of Legal Affairs.

    Relevant departments of the public security organs shall, in accordance with the Division of responsibilities, together with the legal department criminal review, review.

    Article fifth criminal review, review Agency for criminal review, funding should be required to review cases at the police operational costs would be covered by the same level; equipment required to process criminal review, review, work conditions, belongs to the public security organs shall be protected.

    Chapter II application

Sixth article in the process of handling criminal cases, the following people can legally apply to the public security organs in criminal review of decision:

(A) dismissed the application for withdrawal is dissatisfied with a decision, the parties and their legal representatives or agents ad litem, defence counsel may submit;

(B) refuses to accept the decision on forfeiture of deposit, guarantor or his legal representative may propose;

(C) not satisfied with the decision of the guarantor, who can be made;

(D) no filing decision, can be made to an accused person;

    (V) referral of cases for not filing is dissatisfied with a decision of the administrative body, the administrative organ can be raised.

    Article seventh criminal applicant to the public security organs of this article sixth criminal review decision to the second to fourth decision, may appeal to the public security organs at a higher level the criminal review. Article eighth criminal review, reviews should be provided for in the procedures of public security organs in handling criminal cases within the stipulated period, due to force majeure or other legitimate reasons cannot be made within the statutory time limit, shall remove within five working days after submission of the corresponding proof.

Determined by the criminal review, the review body, waste of time does not count within the statutory time limit.

Of the provisions of the preceding paragraph "other justifiable reason" include:

(A) for serious disease which cannot be legally within the application period to apply for criminal review, review;

(B) incapable or with limited capacity for legal agents within the statutory time limit and cannot be determined;

(C) the combination, separation or termination of the legal person or other organizations, under the rights of legal persons and other organizations within the statutory time limit and cannot be determined;

    (D) the criminal review, a review body that the other legitimate reasons.

Nineth apply for criminal review, an application shall be in writing, but in case of emergency or inconvenience to submit a written application by the applicant, orally.

    Apply for a criminal review, an application shall be in writing.

Tenth article written for criminal review, review, it should be criminal to the criminal review, review bodies review, an application for review, containing the following:

(A) the applicant and the agent's name, gender, date of birth, place of work, address, contact information; legal person or other organization name, address, legal representative or the principal owner's name, job title, address, and contact;

(B) the name of the public security organ or a decision of the reconsideration decision;

(C) the criminal review, a request for review;

(D) for criminal review, review of the facts and reasons;

(E) the criminal review, review of the application date.

    Criminal review, review of the application shall be signed by the applicant or NA fingerprints.

    11th applicant in oral criminal for reconsideration, the criminal review body shall, in accordance with the provisions of article tenth of the staff, making criminal the application for reconsideration on the spot records, by check or read to the applicant and of the applicant after the confirmation, signed by the applicant or NA fingerprints.

Article 12th criminal review, review, the applicant shall submit the following materials:

(A) the copy of the original decision, notice;

(B) apply for a criminal review shall also submit copies of the reconsideration decision;

(C) the certified copy of the applicant;

(D) the agent of applicant, should also be providing the power of Attorney;

(E) apply to the defence counsel, lawyer's practice certificate shall provide copies of proof, law firms, and a power of attorney or legal aid letters and other materials;

    (F) the applicant's own collection of materials related to facts and evidence.

13th criminal review, the review body to undertake the following work, the investigators shall be at least two persons:

(A) receiving oral criminal application for reconsideration;

(B) investigations to relevant organizations and personnel;

(C) listening to the applicants and stakeholders.

    Officer of Divisional review agency involved in the review of the original decision not to criminal investigators review cases.

    Chapter III receiving and reviewing

Article 14th criminal review, the review body after receiving a criminal review, a review request, shall conduct a preliminary review on whether the application meets the following conditions:

(A) belongs to this body acceptance;

(B) the applicant has the legal capacity;

(C) have a clear criminal review, a request for review;

(D) the criminal review, the scope of the review;

(E) within the prescribed period;

    (Vi) the accompanying materials are complete.

15th criminal review, the review body shall receive criminal reconsideration, within five working days from the date of the application for review made the following address:

(A) comply with the conditions specified in article 14th, be admissible; (B) does not comply with the conditions specified in article 14th, is inadmissible.

Does not belong to this body acceptance, it shall notify the applicant to the competent public security organ;

(C) the application is not complete, one-time written notice to the applicant within five working days should be added related material, the criminal review, review time frame from the date of receipt of the applicant's supplementary material calculations.

    After the public security organs in criminal review, review the decision, the persons in respect of the same matters again for criminal review, review, is not admissible. Article 16th accused person for not filing criminal review, after review of the application, the public security organs should be whether the complainant in respect of the same matter to the prosecution charges, appeals for review.

    Prosecution has accepted complaints complaints and appeals about the same matter, the public security organ shall decide not to accept the public security organ after accepting, an accused person in respect of the same matter to the prosecution charges, complaints, prosecution has been accepted, the public security organ shall terminate the criminal review, review procedures.

    Article 17th applicant criminal reviews and applications for review filed in conjunction with the State compensation, criminal review, the review body shall inform the applicant filed applications for State compensation.

    18th public security organs not to accept criminal reconsideration or review application or terminate the criminal review procedure of reconsideration, and shall inform the applicant in writing within three working days after the decision.

19th to the admissibility of the decision rejecting the application avoiding the criminal review cases, criminal review body should focus on the audit the following:

(A) has a statutory basis that should be avoided;

(B) the application basis is correct;

    (C) compliance with the prescribed procedures.

Article 20th on the accepted margin decided the criminal review, review cases of confiscation, criminal review, the review body should focus on the audit of the following considerations:

(A) the guarantor persons violations during the bail shall comply with the relevant provisions;

(B) the application basis is correct;

(C) whether there is improper;

(D) compliance with the prescribed procedures;

    (E) whether exceed or abuse.

Article 21st surety appealed against the decision to accept the criminal review, review cases, criminal review, the review body should focus on the audit of the following considerations:

(A) the guarantor persons violations during the bail shall comply with the relevant provisions;

(B) failure to fulfil an obligation of the guarantor;

(C) the application basis is correct;

(D) whether there is improper;

(E) compliance with the prescribed procedures;

    (Vi) it is beyond or abuse.

22nd on the accepted decisions by not filing the criminal review, review cases, criminal review, the review body should focus on the audit of the following considerations:

(A) compliance with filing conditions;

(B) whether there is evidence against any suspected criminal;

(C) the application basis is correct;

(D) compliance with the prescribed procedures;

(E) whether it constitutes a failure to comply with statutory duties.

Provisions of the preceding paragraph "suspect" and not subject to restrictions against the charges.

    Found the evidence against the Act other than the fact that in the process, may be suspected of a crime, should recommend the case authorities for investigation, but the investigation results as a basis for criminal review, review a decision was made.

Article 23rd after accepting the criminal review, review application, handling criminal reconsideration or review body shall notify the Department or penal institution in the reconsideration decision within the prescribed time to make decisions based on evidence and other relevant material.

    Handling Department organs should be criminal or criminal reconsideration decision reconsideration and review agencies fully and truthfully provide the relevant case material on time as stipulated.

    Article 24th handling criminal review cases, the criminal review body could seek the views of relevant business departments of public security organs at the same level, relevant business departments should provide timely input. 25th according to information provided by the applicant is unable to determine the facts of the case required further investigation, the criminal review, review of head approval of the head of the public security organs, handling criminal review, the review body shall notify the Department or make a reconsideration decision authority in criminal investigation and evidence collection.
Handling departments or authorities shall notify the criminal reconsideration decision made within the period of the investigation results to the criminal review, review bodies.

    Article 26th Criminal review, a review before the decision was made, the applicant requested for withdrawal, an application shall be in writing and state the reasons. Criminal, review bodies to allow the applicant to withdraw the application for reconsideration, shall terminate the criminal review, review proceedings.

But has any of the following circumstances, does not permit the applicant to withdraw his application and inform the applicant of:

(A) withdrawal of the application is likely to prejudice national interests, public interests or the legitimate rights and interests of others;

(B) the withdrawal is not voluntarily for the applicant;

(C) other circumstances that do not allow applicants.

    The public security organs to allow the applicant to withdraw the application, the applicant to reapply for the same facts and reason, inadmissible.

    The fourth chapter decided

    27th the parties and their legal representatives or agents ad litem, dismissed the application for withdrawal of defence counsel decides to apply for criminal review, the public security organ shall make a decision within five working days after the receipt of the application and inform the applicant in writing.

    28th referral of cases of administrative decisions by law enforcement agencies for not filing applications for criminal review, the public security organ shall make a decision within three working days after the receipt of the application and shall inform the referral of cases of administrative law enforcement organs.

    Forfeiture in article 29th margin decision and penalty decisions for criminal review, review of the guarantor, the public security organ shall make a decision within seven working days after the receipt of the application and inform the applicant in writing.

Article 30th accuser no owners ' corporation decided to apply for a criminal review, review, the public security organ shall, upon receipt of the application within the 30th decision and inform the applicant in writing.

    Case is significant and complex, approved by the criminal review, head of the review, and could be extended, but the extension of the time limit not later than 30th, and inform the applicant in writing.

31st during a criminal review, review, any of the following circumstances, authorized by the criminal review, head of the review, you can suspend the criminal review, review, and advise the applicant in writing:

(A) cases involving professional issues require explanation or confirmation from the relevant bodies or specialized agencies;

(B) interested parties cannot be found;

(C) the need to wait for the expert opinion;

(Iv) other circumstances that warrant the suspension of reconsideration and review.

    Abort causes disappears, criminal review, the review body shall promptly restore the criminal review, review, and advise the applicant in writing.

    Article 32nd the previous decision or decision findings of fact in criminal clear and sufficient evidence, based on accurate and procedure, the public security organs should be made to uphold the original decision or criminal, review of the reconsideration decision reconsideration decision.

Original decision or criminal 33rd article of the reconsideration decision found that the main facts are not clear, insufficient evidence, based on the error, violation of legal procedures, overstepping or abuse, the public security organ shall revoke or alter the original decision or criminal, review of the reconsideration decision reconsideration decision.

The criminal review, dismissed by the public security authorities to withdraw the original decision, incorporated not for challenge decisions, new decisions to withdraw the original guarantor of security decisions, the decision of confiscation, shall return the security deposit or a fine view of forfeiture of deposit amount, the amount of the fine appearance of impropriety, and changes should also be made of the original decision of the reconsideration decision, but shall not increase the amount of forfeiture of deposit, fine.

    The criminal review, the superior public security organ for removing criminal decision, public security organs shall make a reconsideration decision implementation; needs to make a decision, shall make a reconsideration decision ordering the public security organs shall make a decision anew, renewed the decision may not be the same as the original decision shall not increase the amount of forfeiture of deposit, fine.

    The fifth chapter by-laws

    34th forest police, civil aviation, railways, traffic, customs smuggling crimes investigation agency for criminal review, review cases, these provisions shall apply. 35th article of the regulations come into force on November 1, 2014. The provisions established by the Ministry of public security before publishing the relevant provisions are inconsistent with this provision, is subject to this provision.

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