129765600904901665_2On July 1, 1979, adopted at the second meeting of the national people's Congress on March 17, 1996 v Congress fourth Conference on revising the People's Republic of China Law of criminal procedure amended for the first time on March 14, 2012, the decision of the 11th National People's Congress, the fifth meeting of the Convention onModified by People's Republic of China Law of criminal procedure second amendment decision directory part I General Chapter first task chapter III and chapter II of the basic principles governing evaded Defender and agent of the fourth chapter of the fifth chapter of evidence the sixth chapter on enforcement civil suit collateral to the seventh chapter VIIIDuring the chapter, served on the other provisions of chapter Nineth part II chapter I of the filing, investigation and prosecution office investigation section I General provisions examined in section II of chapter II section III of the criminal suspect investigation witnesses the fourth section, check the fifth section, search the sixth section attachment,Seizure of physical evidence, identification card section the seventh eighth section wanted by the technical investigation section measures the Nineth tenth section investigation ended 11th section on the investigation of the cases directly accepted by the people's procuratorates prosecution part of chapter III chapter I, chapter II of the judicial organization of first instance trial programPublic prosecution cases for the first section, section II dealing with the cases of section III of chapter III of the summary procedure in the second instance the fourth chapter of the death penalty review procedure for trial supervision program the fifth chapter part IV Chapter I of the special procedures of the implementation of the fifth series chapter II settlement by the parties to the proceedings in juvenile criminal casesIndictable criminal suspects and defendants in chapter III to the proceedings become unlawfully at large as the case, fatal cases of illegal income confiscated program fourth chapter does not bear criminal responsibility according to the law of forced medical treatment of mental patients program tasks annex chapter I of title I General provisions and basic principles first in order to guarantee the correct implementation of the criminal law to punish crime,Protecting people, protect national security and public safety, the Socialist social order, in accordance with the Constitution, this law is enacted. Article People's Republic of China Law of criminal procedure task is to ensure that accurate and timely identification of criminal facts, correct application of law, punish criminals, protect innocent persons from being subjected to criminal accountability, educate citizens to obey the law, actively accompliceFight against crime, the Socialist legal system, respect for and protection of human rights, protection of citizens ' personal rights, property rights, democratic rights, and other rights, protect the smooth progress of Socialist construction. Article on criminal detection, the detention, the execution arrest, the preliminary hearing of the case, the public security organs are responsible for. Handled directly by the approval of the prosecution, arrest, prosecution casesInvestigation, prosecution, the people's procuratorates are responsible for. Trial by the people's Court is responsible for.
In addition to special provisions of law, shall not be entitled to any other institutions, organizations and individuals to exercise these powers.
The people's courts, people's procuratorates and the public security organs conducted criminal proceedings, must strictly abide by the relevant provisions of this law and other laws. Fourth law of State security agencies in accordance withLegal requirements, handling criminal cases against national security, public security organs and the same functions.
Fifth people's courts independently exercise jurisdiction by law, people's procuratorates exercise of procuratorial power independently according to law, are not subject to interference by any administrative organ, public organization or individual. The sixth people's courts, people's procuratorates and the public security organs in criminal litigationThe Court must rely on the masses, must be based on facts and take law as the criterion.
For all the citizens, equal application of law, before the law, and are not allowed to have any privileges. Seventh people's courts, people's procuratorates and the public security organs conducted criminal proceedings, should responsibility, in line with the interaction, to ensure accurate and effective implementation of the law.The eighth people's procuratorates exercise legal supervision according to law on criminal procedure. Nineth citizens of all nationalities are useful to the national language text in a right of action.
People's courts, people's procuratorates and the public security organs are not proficient in the local language of the text of the participants in the proceedings, they should be translated. In the multi-national area inhabited by minority or, shouldLocal language of trial, general text published for local judgments, notices and other documents.
The tenth people's court cases, implementation of the system of the Court of second instance being the Court of last instance. 11th court case, other than as provided in this law, are open to the public. The right to defence of the defendant, the people's Court has an obligation to ensure that the defendant be defended。
12th without a court judgement according to the law, no person shall determine the guilt.
13th the people's courts adjudicate cases in accordance with this law applies a system of people's jurors jury. 14th the people's courts, people's procuratorates and the public security organs shall guarantee the suspect or defendant and other participants in the proceedings has the right of defence in accordance with law and itsHis right of action.
Participants in the proceedings for judges, prosecutors and investigators who infringe upon civil litigation rights or make personal insults against them has the right to lodge a complaint. The 15th of any of the following circumstances, not criminal, has been investigated, should withdraw the case, or not to prosecute, or terminating the trial or acquittal: (I) plotLittle significant minor, damage, is not considered to be a crime, (b) the limitation period and (c) amnesties waive penalties; and (iv) pursuant to the crime handled only in criminal law, did not tell or withdraw tell; (e) death of criminal suspects and defendants, and (vi) other legal provisions from criminalOf responsibility.
16th section of criminal responsibility should be investigated for foreigners, apply the provisions of this law.
For foreigners who enjoy diplomatic privileges and immunities crime of criminal responsibility should be investigated and resolved through diplomatic channels. 17th under the People's Republic of China concluded or participation in international treaties, or in accordance with the principle of reciprocity, Justice machineCustoms and foreign judicial authorities can request legal assistance in criminal matters.
Chapter II jurisdiction section 18th for the investigation of criminal cases by public security authorities, unless otherwise stipulated. Corruption and bribery, and dereliction of the national staff, State organ staff using the terms of illegal detention, extorting confessions by torture, retaliation against, illegal searchViolation of citizens ' personal rights of criminal offences and violations of the democratic rights of citizens, by the people's Procuratorate put on file for investigation.
For other State organ staff using the terms of implementation of major criminal cases, when needed directly accepted by the people's Procuratorate, provincial people's Procuratorate decides, by a people's Procuratorate put on file for investigation. Dealing with the cases, directly by the people's CourtAccepted.
19th basic-level people's courts as courts of general jurisdiction in criminal cases, but by the jurisdiction of the superior court, except in accordance with this law.
20th intermediate people's Court of jurisdiction as courts of criminal cases of the following: (a) endanger national security and terrorism cases, (ii) may be sentenced to life imprisonment and the death penalty in the case. The second11 high people's Court of jurisdiction of first instance in criminal cases, is a provincial (autonomous regions, municipalities) of major criminal cases.
22nd of the jurisdiction of the Supreme People's Court of first instance in criminal cases, is a major criminal cases nationwide. 23rd the superior people's Court when necessary, you can trial jurisdiction of the lower-level people's courts as courts of criminalCase lower level people's court case are considered significant, complex need to be tried by the higher people's Court of first instance in criminal cases, you can request removal of upper-level people's Court trial. The 24th by the people's Court of criminal jurisdiction in criminal cases. More appropriate if tried by the people's Court of residence of the defendant, by the people's Court of jurisdiction of residence of the defendant.25th at the people's courts have jurisdiction over cases from first acceptance of the people's Court trial.
When necessary, can be transferred to the main criminal court. 26th the superior people's Court may specify the jurisdiction of subordinate court case of unknown, or you can specify lower-level people's court case transfer to another court。
27th special jurisdiction of the people's court cases stipulated separately. Chapter III avoided the 28th judicial officers, prosecutors, investigators, one of the following circumstances, should avoid on their own, the parties and their legal representatives have the right to ask them to avoid: (a) is a party or in this case is a close relative of the party;(B) himself or his close relatives and have an interest in the present case, (c) served as witnesses, expert witnesses and defenders of the case, and his agents ad litem; and (iv) have other relations with the parties in the present case, that may affect the fair processing of cases. 29th judicial officers, prosecutors, investigators may not receive their clients or parties concerned peopleEntertained by, not meeting with their clients or parties concerned the breach of people. Judges, prosecutors, investigators under the provisions of the preceding paragraph, shall be investigated for legal responsibility.
The parties and their legal representatives have the right to ask them to withdraw. 30th avoided of judges, prosecutors, investigators, respectively, by the President, the Prosecutor-General, public securityHead of customs decisions; Dean avoided, decided by the Judicial Committee, and avoiding of the Attorney-General and the head of public security organs, procuratorial Committee decided by the people's Procuratorate at the same level.
Evasive before a decision is made to investigators, investigators cannot stop on the investigation of the case. On the decision that dismissed the challenge, the parties and their legal representatives may apply for reconsideration once.31st on evading the provisions of this chapter apply to clerks, interpreters and experts.
Defender, agent ad litem may, in accordance with the provisions of this chapter requires an evasive and apply for reconsideration. Chapter fourth defense and 32nd Deputy criminal suspects and defendants in addition to their rights of defence, also commissioned by one or two as a defender。
Can be commissioned as a defender of the following: (a) law, (ii) mass organizations or where the criminal suspect or defendant who recommend; (c) guardians, relatives and friends of the suspect or defendant.
Being the execution of sentences or deprived by law, restriction of freedom of person may not serve as defense people. The 33rd articleFirst interrogation of the suspects by investigative agencies or date of coercive measures, entitled to delegate defenders; during the investigation period, only entrusted a lawyer as a defender.
The defendant has the right to delegate defenders at any time. Investigative agencies in the first examination of a suspect or suspects when coercive measures, should inform criminal suspects have the right to delegate defenders。 The people's procuratorates from the date of receipt of the transfer of investigation and prosecution of cases of 3rd, should inform criminal suspects have the right to delegate defenders. 3rd as of the date of the court hearing the case shall inform the defendant has the right to delegate defenders. Requirements of delegate defenders during the criminal suspect or defendant in custody, people's courts, people's procuratorates and the public security organ shall promptly conveyHis request.
Of criminal suspects and defendants in custody, can also be commissioned by their guardian, close relative for whom Defender.
Defender after accepting the criminal suspect or defendant delegate, shall promptly inform the organs in handling cases. 34th suspect or defendant due to economic hardship or other reasons of delegate defenders, and their near relativesYou can apply to the legal aid agencies.
To comply with the conditions of legal assistance, legal aid institution should assign a lawyer to defend them. Criminal suspects and defendants is blind, deaf, and dumb people, or has not yet completely lost mental patients for identification or control his conduct, absence of delegate defenders, by people's courts, people's procuratorates and the public security organ shall notify theLegal aid agencies assign a lawyer to defend them.
Criminal suspects and defendants could be sentenced to life imprisonment and the death penalty, no delegate defenders, the people's courts, people's procuratorates and the public security organ shall notify the legal aid agencies assign a lawyer to defend them. 35th Defender's responsibility is based on facts and laws, make criminal suspects and defendantsPeople light crime of innocence, or mitigate, materials and opinions in its criminal responsibility, safeguard the rights of criminal suspects and defendants and other legitimate rights and interests. The 36th defence lawyers can provide legal assistance for suspects during the investigation period; the agent complaints, accusations; applied coercive measures; to the investigative authorities about cases of alleged offences of criminal suspects andTurn off comments. 37th article of defence counsel can be in custody of criminal suspects and defendants meeting and communication.
Other defenders by the people's courts and people's procuratorates licenses or with custody of criminal suspects and defendants present at the meeting and communication. Defence lawyer Attorney law firm practising certificates, certificates and letters of attorney or legal aid requestMeeting custody of criminal suspects and defendants, detention shall promptly meet with, at least not more than 48 hours. Jeopardize national security, terrorism-related crime, especially serious bribery cases, met in the defence counsel during the investigation of criminal suspects in custody, should be licensed by the investigation authorities. The cases, investigation, authorities should be prior notification of the detention center.Defence counsel meet with detained criminal suspects, defendants, to understand the case, legal advice; from the date of transfer of prosecution of cases, you can verify with the criminal suspect or defendant the relevant evidence.
When defence counsel met with the suspect or defendant not to be listening. Defence counsel was under residential surveillance of criminal suspects and defendants meeting, TomLetter, apply the provisions of the first, third, fourth. 38th defence counsel from people's Procuratorate on the investigation and prosecution of cases of date, you can refer to, excerpt and copy the files of the case materials.
Other defenders by the people's courts and people's procuratorates license, you can refer to, excerpt and copy these materials. 39th defenders in the investigation,During the investigation and prosecution of public security organs, people's procuratorates to collect proof of criminal suspects and defendants not guilty or not submitted in the light of evidence of the crime, the right to apply to the people's procuratorates, people's courts obtain. 40th Defender collected about the suspect does not at the scene of the crime, has not reached the age of criminal responsibility, is not criminally responsible according to the law of evidence of mental patients,Shall, without delay, inform the public security organs, people's procuratorates.
41st defence counsel agreed by the witness or other relevant units and individuals, can they collect material and relevant in the present case, can also apply for the people's procuratorates, people's courts to collect, the taking of evidence, or request the people's Court informed the witness to testify. Defence counsel by a people's Procuratorate or peopleLeave of the Court, and the victims or their close relatives and victims of the witnesses agreed that can assure they collect material and relevant in the present case. 42nd Defender or anyone else, may not help suspect or accused of hiding and destroying and fabricating evidence or act in collusion, not threat, inducement of perjury of witnesses, as well as other interference proceedings of the judiciaryDynamic behavior. Violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility, defender of suspected criminal, should be handled by Defender caseload of investigations by authorities other than the investigating authorities.
Defender is solicitors, shall promptly notify the employer or law firm is a member of the Bar Association. 43rd during the trial, the defendant may refuse toDefenders continue to defend him, may be shown separately a delegate defenders defend. 44th victims and their legal representatives or close relatives of the public prosecution, incidental civil action of the parties and their legal representatives, from the date of transfer of prosecution of cases, entitled to principal-agent ad litem. Dealing with the cases of private prosecution and statutory agents, parties to a lawsuitAnd their legal representatives shall be entitled to delegate at any time an agent ad litem. The people's procuratorates from the date of receipt of the transfer of investigation and prosecution of cases of 3rd, shall inform victims and their legal representatives or civil suit collateral to its close relative, the parties and their legal representatives have the right to delegate an agent ad litem. Within the people's Court from the date of accepting private prosecution cases 3rd, should comeKnow of civil suit collateral to private persons and legal representatives, the parties and their legal representatives have the right to delegate an agent ad litem.
45th article principal-agent ad litem, reference to the provisions of this law 32nd. 46th defence lawyers in practice the situation and information activities known to the seller has the right to be treated in strict confidence. However, the defence counselKnows the principal or other person in the practice, preparation or implementation of endangering national security, public safety, and seriously endanger the physical security of a crime, shall, without delay, inform the judicial authorities. 47th Defender, agent ad litem thinks the public security organs, people's procuratorates, people's courts and their staff hindered the exercise of the right of action according to the law, right toTo level up or the people's Procuratorate at the same level complaint or accusation.
People's Procuratorate of complaints or charges should be reviewed in a timely manner, it is true, notify the authorities concerned to remedy the situation.
Fifth chapter 48th article of evidence can be used to prove the facts of the case materials, are evidence. Evidence includes: (a) physical evidence and (ii) cardAnd (iii) the testimony of witnesses, (iv) statements of the victim, (e) and excuse the criminal suspect or defendant for, and (f) identification, (VII) examination, inspection, identification, detection of experimental record, (VIII) audio-visual materials, electronic data. Evidence must be verified, can be taken as a final decision on the basis.49th public prosecution cases by people's procuratorates bear the guilt of the accused of the burden of proof, in dealing with the cases of the guilt of the accused of the burden of proof borne by the private person. 50th judicial officers, prosecutors, investigators must be in accordance with legal procedures, gathered to substantiate the criminal suspect or defendant's guilt or innocence, the evidence of the seriousness of the crime. YanBan on torture and threats, enticement, cheating and other illegal methods to collect evidence, shall not force anyone to confirm their guilt.
Must guarantee to all citizens about or understanding of the facts of the case, to adequately provide objective evidence of conditions, except in special circumstances, can absorb them to assist in the investigation. 51st drew the approval of arrest, the public security authorities seized peopleReview the indictment, the Court judgments, must be faithful to the truth.
Deliberately concealing the truth, should be held accountable. 52nd people's courts, people's procuratorates and the public security organs have the right to collect from the units and individuals, the taking of evidence.
The units and individuals shall truthfully provide evidence. In administrative enforcement and the executive authorities in the course of the investigation and handling of cases receivedCollection of evidence, documentary, audiovisual materials, electronic data and other evidence, can be used as evidence in criminal proceedings.
Involving State secrets, business secrets, personal privacy, evidence, shall be confidential.
Who fabricated evidence, concealing evidence or destruction of evidence, regardless of where it is, must be subject to legal action. 53rd over all cases sentencedAll evidence, investigation, do not believe in confession.
Only the defendant's confession, there was other evidence, not the defendant is found guilty and sentenced to penalties; there is no statement of the defendant, the evidence is reliable and sufficient, the defendant is found guilty and sentenced to penalties. Evidence is reliable and sufficient, shall comply with the following conditions: (a) the facts are evidence of the conviction and sentencing of cardMing, (ii) evidence according to decision through a statutory process be verified; and (iii) integrated case evidence, found the fact has a reasonable doubt. 54th used torture and other illegal methods to collect and the criminal suspect or defendant for the use of violence, threats and other illegal methods to collect the testimony of witnesses, victims ' statements, should be excluded。
Collecting material evidence, documentary evidence is not in line with legal procedures, may seriously affect the course of Justice, should be the correction or give a reasonable explanation; no corrections or give a reasonable explanation, the evidence should be excluded. In the detection, investigation and prosecution, the trial found that the evidence should be excluded, should be excluded by law, shall not be used as prosecution, prosecution decisions and judgmentsBasis. The 55th made a report to which the people's procuratorates, the accusation, the reporting or investigators to found an illegal methods to collect evidence, should investigation and verification.
To illegal methods of collecting evidence, should be the correct opinion constitutes a crime, criminal liability shall be investigated according to law. 56th court proceedings, the judges thinkThere may be 54th article of this law to illegal methods of collecting evidence, evidence should be collected to court the legality of investigations. Parties and their defenders, agent ad litem is entitled to apply for the people's Court to illegal ways to gather evidence to be excluded. Application to exclude illegal methods to collect evidence, clues, or material should be provided.57th in the Court the legality of evidence collected during the investigation process, the people's Procuratorate to prove the legality of evidence should be collected. Existing evidence cannot prove the legality of the collection of evidence, the people's procuratorate may draw people's Court informed the investigator or other officer appearing description; the people's Court may notify the investigator, orOthers appear in descriptions. The investigator or other officer may also request the Court notes.
By the people's Court notified, the officer should appear.
58th after a court hearing, confirm that the article exists or cannot be ruled out by the 54th to illegal methods of collecting evidence, the evidence should be excluded. Subsection59, witness testimony must be on the Court after the public prosecutor, the victim and the accused, the defenders after the confrontation between the two sides and verified, can be taken as a final decision on the basis.
Court identified when intentionally false testimony or concealed evidence of the witness, should be dealt with according to law.
The 60th person who knows the circumstances of the case, have the obligation to testify. On the physiological, mental deficiencyDepression or young, people who cannot distinguish between right and wrong, not the correct expression, cannot be a witness.
61st people's courts, people's procuratorates and the public security organs shall guarantee the safety of witnesses and their near relatives. Threats against witnesses and their near relatives, humiliation, beatings or reprisals, which constitute a crime, criminal liability shall be investigated according to law; it is not serious enough for criminal punishment, depending on theLaw on public security administration punishments. 62nd for endangering national security, terrorism-related crime, mafia, such as organized crime, drug-related crime cases, witnesses, experts and victims to give evidence in the proceedings, or their close relatives personal safety at risk, people's courts, people's procuratorates and the public security organs shall take one or more of the followingProtection measures: (a) private personal information such as real names, places of residence and work, (ii) do not expose their appearance and testified measures such as the true voice; (c) Prohibition of specific people access to witnesses, expert witnesses, victims and their close relatives; and (iv) special protection measures against personal and residential, (v) otherTo protection measures.
Witnesses, experts and victims believe that due to give evidence in the proceedings, or their close relatives personal safety at risk, you can request to the people's courts, people's procuratorates and the public security organ to protect.
The people's courts, people's procuratorates and public security organs to take protective measures, units and individuals concerned should cooperate with. The 63rdWitnesses due to performance of obligations and expenditures to testify of transportation, accommodation, meals and other costs, subsidies should be given.
Witness allowance included in the operational requirements of the judiciary, be maintained by the Government at the same level of financial security.
Witness unit, the unit shall not be deducted or disguised deduction of wages, bonuses and other benefits. The sixth chapter of coercive measures64th people's courts, people's procuratorates and the public security organs in accordance with the circumstances of the case, the suspect or defendant you can summon for detention, bail or surveillance. The 65th people's courts, people's procuratorates and the public security organs of criminal suspects and defendants to any of the following circumstances, you can bail: (I) may be sentenced to public surveillance, criminal detention orIndependent of supplementary punishment shall apply, and (ii) may be sentenced to penalties above, take bail risk social without; and (iii) suffering from serious illnesses, cannot take care of living, pregnancy or women who are breastfeeding their babies, take bail risk social without; and (iv) expiry of the custody period, has not been the case settles, you wantTo take bail.
Bail by the public security authorities for execution.
66th the people's courts, people's procuratorates and the public security organs ' decisions on criminal suspects and defendants bail, shall order the criminal suspect or defendant surety or deposit. 67th sponsor must meet the following criteria: (I) with theNon-involved, (b) is capable of fulfilling the guarantee obligation, (c) the enjoyment of political rights, personal freedom is not restricted (iv) have a fixed residence and income. 68th surety shall perform the following obligations: (a) to supervise the party to comply with the provisions of law 69th; (ii) found a sponsor mayArticle 69th occurs or has occurred in violation of this law, shall, without delay, report to the executive body.
Party provided for in article violates this law to the 69th, the guarantor does not fulfill guarantee obligations, to sponsor a fine, which constitute a crime, criminal liability shall be investigated according to law. 69th, were released on bail of criminal suspects and defendantsConform to the following requirements: (a) without permission of the executing organ shall not leave the city or County of residence, (ii) contact address, work organization and changes in the way, in less than 24 hours to report to the Executive Body, and (iii) timely attendance ' at the communication time; and (iv) you will not interfere with a witness to give evidence in any form and (e) shall not be destroyedDestroy or forge evidence or act in collusion. The people's courts, people's procuratorates and the public security authorities according to the circumstances of the case, ordered bail for criminal suspect or defendant to comply with one or more of the following provisions: (a) shall enter the specific place, (b) not met with specific personnel or communications and (iii) shall not engage in a specific activity(Iv) travel documents such as passports, driver's license enforcement departments save. Bail for criminal suspect or defendant's violation of the provisions of the preceding two paragraphs, deposit, confiscation of part or all of the deposit and the difference between, ordering the suspect or defendant to make a statement of Repentence, deposit again, initiating a sponsor, or watch live, toTo arrest.
Provisions for breach of bail, needed to be arrested, to detain criminal suspects and the defendant. 70th bail decision should be considered to ensure litigation activities normally needed, bail social dangers of people, nature and circumstances of the case, may sentence severity is guarantor of the economicConditions, determine the amount of security deposit.
Security margin should be deposited in special Executive designated bank account. 71st criminal suspect or defendant on bail provided for in article does not violate this law during the 69th, guarantor pending trial at the end of, by lifting bail or relevant legal instrument of notification to the Bank backSecurity deposit. 72nd people's courts, people's procuratorates and the public security organs to comply with the conditions of arrest, criminal suspects and defendants in one of the following circumstances, you can watch live: (a) suffering from serious illnesses, cannot take care of life; (b) pregnancy or women who are breastfeeding their babies, (c) daily life cannot beOnly dependants of people; and (iv) because of the special circumstances of the case, or to handle cases need to take more appropriate surveillance measures, (e) expiry of the custody period, has not been the case settles, surveillance measures are required. To comply with bail conditions, but the criminal suspect or defendant cannot sponsor or deposit,To watch live.
Residential surveillance by the public security authorities for execution. 73rd residential surveillance should be executed in the criminal suspect or defendant's House; no fixed residence, accommodation can be specified in the implementation. Suspected of endangering national security, terrorism-related crime, especially serious bribery, Executive in residence may hinder the investigation, by level people on the public prosecutor'sApproved centres or public security authorities, can also be performed on the specified home.
However, shall not be executed at the places of detention centres, specialized in handling cases.
Specify a home surveillance, except those that cannot be notified, surveillance should be executed in less than 24 hours after, informed the living family members of being monitored. Surveillance of criminal suspects and defendants delegate defenders, suitable33rd article of provisions of this law.
Decisions of the people's Procuratorate on the specified home surveillance and implementation of legal supervision. 74th term of home surveillance period specified shall be folded inward.
Was sentenced to public surveillance, surveillance day packs arrived in terms of a day; is sentenced to detention in prison, watch live 2nd Pack arrived in terms of a day. Subsection75 was under residential surveillance of criminal suspects and defendants shall comply with the following provisions: (a) without permission of the executing organ shall not leave the premises to perform surveillance, and (ii) without permission of the executing organ may not meet with others or communication, (iii) timely attendance ' at the communication time; and (iv) you will not interfere with a witness to give evidence in any form;(E) you may not destroy or forge evidence or act in collusion; (f) immigration documents such as passports, identity documents, driver's license State authority to save.
Surveillance of criminal suspect or defendant's violation of the provisions of the preceding paragraph, the circumstances are serious, can be arrested; needs to be arrested, to detain criminal suspects and the defendant. VII16 State authority was under residential surveillance of criminal suspects and defendants, monitoring methods such as electronic monitoring, have to be checked for their compliance with surveillance supervise; during the investigation, the suspect can be monitored live traffic monitoring. 77th people's courts, people's procuratorates and the public security authorities for criminal suspects, A defendant bail shall not be longer than 12 months, watch live maximum of not more than six months. Bail, surveillance period, shall not be interrupted on investigation, prosecution and trial of the case. Found no criminal responsibility should be investigated or bail, surveillance of the expiry of the period of residence shall promptly release on bail, monitor live. Lifting bail, CommissionerDepending on the residence, shall promptly notify the being guarantor, monitor living people and authorities.
78th arrest criminal suspects and defendants must be approved by the people's Procuratorate or a people's Court decision, executed by public security organs. 79th on there is evidence that a crime may be sentenced to a prison sentence of more than criminal suspects and defendants,Bail was not sufficient to prevent the occurrence of the following social risks and should be arrested: (a) possible new criminal, (ii) against the realities of national security, public safety or public order dangers; and (iii) may destroy or forge evidence, interfere with a witness to testify or to act in collusion (iv) possible victims, informers,Accuse people of carrying out reprisals; (e) attempts to commit suicide or run away.
There is evidence that a crime might call for a more than ten-year prison sentence, or if there is evidence that a crime, may be sentenced to imprisonment sentence above, ever intentional crimes or unknown, should be arrested. Bail, surveillance of crime tooSuspect or defendant under bail, surveillance provisions, serious, can be arrested. The 80th public security organ for flagrante delicto or a major suspect, if any of the following circumstances, may detain: (I) is being prepared, the practice of the crime or immediately after the Commission of the crime was found; (ii) presence of victims orCrime witness who identified him, and (iii) criminal evidence is found in or around residence; and (iv) after the crime of attempted suicide, escape or at large, (v) destroy or forge evidence or may act in collusion; (f) does not talk about real names, places of residence, unknown, (VII) include flee hither and thither to commit offenses, committing several times, partnershipsCrime suspicion.
Public security organs in the 81st when offsite Executive detention, arrest, shall notify the public security organ of the seat of the detained, arrested, detained, arrested persons should be combined with the local public security authorities. 82nd person for any of the following circumstances, any citizen can immediately seize and turn over the public security organ, a people's Procuratorate or peopleCivil courts: (a) is being implemented or immediately after the Commission of the crime was found; (ii) put on wanted; (c) escaped (iv) is being pursued.
83rd when police detained persons, must produce a detention warrant. After the detention, custody of the detainee shall immediately be taken detention center, toLate shall not be more than 24 hours. Subject cannot be notified or suspected of crimes of endangering national security, other than notification may impede the investigation of terrorism crime cases, in less than 24 hours after detention, inform the family of the detained person.
Impede the investigation of disappeared later, shall immediately inform the family of the detained person. 84th article public security organs to people in detention, should beWhen in less than 24 hours after detention for interrogation.
When found not to be detained, he must be immediately released and issued a release certificate. 85th requirements when arresting suspects in public security organs should be written to draw attention to approve arrest, together with the case materials, evidence, be transferred to the people's Procuratorate at the same level for examination and approval. When necessary, the people's procuratoratesFor major cases of public security organs to send people to participate in discussions. 86th people's Procuratorate approved the arrest, examination of a criminal suspect; any of the following circumstances, should examine the suspect: (I) have questions about whether to comply with the conditions of arrest, (ii) requirement of criminal suspects to prosecutors statement in person, (iii) interceptCheck activity may be a major violation of.
People's Procuratorate approved the arrest, witnesses and other participants in the proceedings, listened to the views of defence counsel; the request of defence counsel, should listen to the views of defence counsel. By the Prosecutor-General 87th people's Procuratorate approved the arrest suspect decisions. Major cases the procuratorial Committee shall be submitted for refundOn the decision. 88th article drew attention to the people's Procuratorate for public security authorities approved the arrest following a review of the case, shall, where appropriate approved the arrest or the decision not to approve arrest respectively. Ratification of decision to arrest, the public security organ shall immediately, and will without delay inform the people's Procuratorate. For not approving the arrest, the people's Procuratorate shall state theReason, requires supplementary investigation, should at the same time notify the public security organs. The 89th police on detained persons, feel the need to arrest shall be detained up to 3rd after, drew attention to the people's Procuratorate for examination and approval.
In special cases, drew attention to the examination and approval of time may be extended one day to 4th. Flee hither and thither to commit offenses, and multiple crime, gang crimeMajor suspects, drew attention to the examination and approval of time can be extended to 30th. The people's Procuratorate shall after receiving the approval of the public security organs to draw attention to the arrest of the 7th, approved the arrest or the decision not to approve arrest. Not to approve arrest of the people's procuratorates, the public security organs shall be released immediately after receiving the notice, and will without delay inform the people's Procuratorate. OnTo the need to continue the investigation, and subject to the guarantor pending trial, monitor living conditions, bail or surveillance according to the law. 90th public security organ the people's Procuratorate's decision not to approve arrest, when you think there is an error, can request reconsideration, but the detained person must be immediately released. If the advice was not accepted, the people's Procuratorate at a higher level to draw attention to a review。
Upper-level people's Procuratorate shall immediately review and make a decision to change, notify the subordinate people's procuratorates and the public security authorities for execution.
91st when public security organ arrested persons, must produce an arrest warrant. After the arrest, should immediately be arrested man custody of the detention center. In addition to cannot be notified should be within 24 hours after the arrest, notifications get caughtCatching people's families. 92nd people's courts, people's procuratorates and for their decision to arrest people, public security organs for a people's Procuratorate approved the arrest of the person, must be made within 24 hours of the arrest and interrogation.
When finding should not have been arrested, he must be immediately released and issued a release certificate. 93rd criminal suspect or defendant isAfter the arrests, the people's Procuratorate should review the need for detention. Do not need to continue custody, shall be released or change proposed coercive measures.
Relevant organs should be within the 10th will notify the people's Procuratorate. 94th article if you find that the people's courts, people's procuratorates and the public security authorities take coercive measures against criminal suspects and defendants do notWhen the shall promptly revoke or change.
Police release the arrested person or to change measure of arrest, shall notify the people's Procuratorate of the originally approved. 95th criminal suspects, defendants and their legal representative, close relatives or the Defender has the right to apply for change of coercive measures. Upon application, the people's courts, people's procuratorates and the public security organs should be 3rdDecisions does not agree with the change of coercive measures and shall inform the applicant and does not agree with the reason. The 96th article of criminal suspects and defendants is in custody case, not in investigative custody, review of the provisions of this law, prosecution, trial, within the period of the second instance, the suspect and the accused should be released; need to check, trial,Criminal suspect or defendant to bail or surveillance. 97th people's courts, the people's Procuratorate or public security organs on the expiry of the statutory time limit be taken coercive measures of criminal suspects and defendants should be release, release on bail, surveillance or change according to the law enforcement. Criminal suspects and defendants and legal representatives and next of kinCase or advocate for people's courts, the people's Procuratorate or public security organs to take enforcement measures of the expiry of the statutory period, right to unlock the coercive measures. 98th in people's Procuratorate approved the arrest of the period under review, if it is found that police investigation of an offence, it shall notify the public security organs to correct, the public security organ shall be notified to correct peoplePeople's procuratorates. Civil suit collateral to the seventh chapter of the 99th victim suffered material losses because of the defendant's criminal actions, in the course of criminal proceedings, the right to bring civil suit collateral.
Death or incapacity of the victims, legal representative, close relatives of the victims the right to bring civil suit collateral. If it is a State property, setProperty losses, when people's Procuratorate prosecuted, filed lawsuit. 100th people's Court when necessary, you can take protective measures, attachment, seizure or freezing of property of the defendant. Civil suit collateral to the plaintiff or the people's procuratorate may apply to a people's Court to take protective measures. People's Court to take protective measures,Apply the relevant provisions of the civil procedure law.
Articles 101th supplementary civil action in court hearing the case, mediation, or according to the judgement of the material losses, determination. The 102th lawsuit trial in conjunction with the criminal case, and only in order to prevent the undue delay of trials in criminal cases can only after the criminal trial, Tried by the same organization to continue the trial with civil lawsuits.
During the eighth chapter, served on the 103th period to time, days, months.
At the start of the period and during the day does not count. Statutory period does not include time on the road.
On pleadings or other documents email already prior to the expiry of, does not expire. During the lastA holiday a day, the first day to the expire date to after the holidays, but suspect, defendant or the offender in custody during the, should be up to the date of the expiration of, should not be extended due to holidays. 104th parties due to irresistible or other legitimate reason, delay period, obstacles within the 5th after the elimination, applications will continue to beWhen performed prior to its expiration action of activities.
Application is permitted in the preceding paragraph, by the people's Court.
105th service of summons, notices and other litigation documents should be handed over to the recipient I; if I was not, to his collection of adult members of their families, or the unit is responsible for personnel. Recipient or receiver refuses to accept or rejectMust sign, seal, when person can invite his neighbor or other witnesses at the scene, explain the situation, leaving his residence, proof of service, the date of delivery of the written refusal, signed by the person, is considered to have been served. Pursuant to other provisions of chapter Nineth of this law, the following terms mean: (a) "investigationInspection "refers to the process of public security organs, people's procuratorates in handling cases, in accordance with the law specifically relating to the investigation and coercive measures, (b)" party "refers to the victims, private persons, of civil suit collateral to criminal suspects, defendants, plaintiffs and defendants, (c)" legal representatives "refers to the creations of their parents, adoptive parents, wardProtecting people and representatives of organs, organizations have a responsibility to protect, and (iv) "action participant" refers to the party or legal representative, agent ad litem, defendants, witnesses, experts and translators; (e) "agent ad litem" is the public prosecution's victims and their legal representatives or close relatives, dealing with the cases of private prosecution and statutory agents delegateTo participate in the proceedings and of incidental civil action of the parties and their legal representatives delegated on behalf of the people who participate in the proceedings and (f) "close relatives" refers to the husband, wife, father, mother, child, woman, fellow brothers and sisters. Part II registration, investigation and prosecution chapter I placing 107th crime public security organ or the people's Procuratorate discoveredFalse or suspect, should be in accordance with the jurisdiction and placed on file for investigation.
108th any units or individuals found to be crimes or criminal suspects, have the right to also have an obligation to report or report of public security organ, a people's Procuratorate or a people's Court. Victims against violations of their personal and property rights of criminal suspects or has the right toReport or of an organ, a people's Procuratorate or people's court charged. Public security organ, a people's Procuratorate or people's court reporting, complaints and reports, should be accepted. Are not part of their own jurisdiction, should be transferred to the competent authority, and the informant and the accused person, informant; that is not part of their own jurisdiction, and urgent measures must be taken, should beTake emergency measures, and then transferred to the competent authority.
Criminal surrendered himself to the public security organ, a people's Procuratorate or a people's Court, and applicable provisions of the third paragraph. 109th reporting, complaints and reports may be filed in writing or orally. Accepting oral reports, complaints and information staff should be written transcripts, read errors and from informants, SuePeople, report signature or seal. Receiving complaints and information staff, complainants, informants description of persons who should be made to bear the legal responsibility.
However, if it's not fabricate facts, fabricating evidence, even if the fact of the accusation, the reporting of event, will even wrong, and framing the strict distinction. Public security organ, a people's Procuratorate or a people's Court shall beWhen the protection of informants, and its close relatives, complainants, to report human security.
Informant, complainants, informants if do not want to disclose the names of their report, the accusation, the reporting of and, should he keep a secret. 110th people's courts, the people's Procuratorate or public security organ for reporting, complaints and reports and surrender of material, should be in accordance with the jurisdiction, the addressReview of speed, and considers it a crime when facts need to be investigated, should be placed; see no crime or crimes significant minor, when you do not need to be investigated, no Office, and notice of reasons for not filing charges against people.
Against anyone if they object may apply for reconsideration. People's Procuratorate of the 111th article think that public security organsShould be placed on file for investigation cases not placed on file for investigation, or the victim think public security organs should be placed on file for investigation cases not placed on file for investigation, to the people's Procuratorate, people's procuratorates should asked the public security organs to indicate reasons for not filing. People's Procuratorate of the public security organs not placing reasons cannot be set up, it shall notify the public security organs, the public security organ after receiving the noticeShould be placed. 112th article private prosecution cases, the victim has the right to sue directly to the people's Court. Death or incapacity of the victim, the victim's legal representative, close relatives entitled to a people's Court.
People's Court according to law should be considered. Chapter II investigation section I General provisions article 113th public securityAlready placed by the authorities on criminal cases, should carry out the investigation, collection, taking light crime suspect's guilt or innocence, or material evidence of the crime.
For flagrante delicto or major suspects can be legally detain, to comply with the conditions of arrest criminal suspects should be arrested according to law. 114th public security organ after investigation, there is evidence that a crimeFacts of the case, should carry out pre-trial, collection, the taking of evidence to be verified. 115th and defender, agent ad litem by the parties, the interested person to the judiciary and its staff in any of the following acts, complaints or charges against the right to the authorities: (a) the expiry of the statutory time limit coercive measures, does not release, dischargeOr change, (ii) should be returned to the guarantor of the security deposit is not refundable, and (iii) has nothing to do with the case of the property of sealing up, distraining, freezing measures; and (iv) shall cancel sealing up, distraining, freezing does not unlock; (e) embezzlement, misappropriating, privately divide, swap, under require the use of sealing up, distraining, freezing of property.Entertain complaints or charges against authorities should handle in a timely manner. On appeal, appeal to the people's Procuratorate at the same level; the cases directly accepted by the people's procuratorates, people's procuratorates complaint at a higher level.
People's Procuratorate of complaint should be reviewed in a timely manner, it is true, notify the authorities concerned to remedy the situation. Examination of a criminal suspect in section II the 110th16 examination of a criminal suspect must be by a people's Procuratorate or public security organs of investigation officers.
When examined, the investigators shall not be less than two.
Was sent to the detention center after the detention of criminal suspects, the investigators to carry out inquiries, should be conducted in the detention center. 117th section does not need to arrest, detention of suspects,Summoned to the designated area within the city or County in which criminal suspects or to his residence for examination, but shall produce proof of a people's Procuratorate or public security authorities.
Suspect found at the scene, producing work documents, oral citation, it should be noted in the record of the examination. Subpoena, summon for detention shall not last more than 12 hours, merits specialMajor and complex, needs to take measures to detention, arrest, subpoena, summon for detention shall not last more than 24 hours. Continuous form of subpoena, summon by force not to detention of criminal suspects in disguise.
Subpoena, summon by force crime suspect, should ensure that criminal suspects of the diet and need time to rest. 118th investigators in questioning suspectsWhen people, should first be examined whether the suspects had criminal behavior, let him justify plot of a statement of guilt or innocence, and then ask questions to him. Criminal suspects to the detectives ' questions, should answer truthfully.
But the problem has nothing to do with this case, have the right to refuse to answer. When investigators in questioning suspects, should inform criminal suspectsTrue confession of their crimes can be lenient laws.
119th article examination of deaf, dumb criminal suspect should have proficiency in deaf, mute gestures of people to participate in, and will be recorded out of this record. 120th interrogation transcripts should cross-check of criminal suspects, no reading ability, should be read out to him. If records are missing orError, the suspect may make additions or corrections. Suspects admit after notes there is no error, they shall sign or seal. Investigators should also sign your name on the record. Written statements by suspects request itself, should be permitted.
When necessary, investigators may also ask for suspects under the written statement. 121th investigatorsWhen questioning suspects, the examination process can be audio or video; may be sentenced to life imprisonment and the death penalty cases or other cases of major crimes, should be examined for audio or video.
Audio or video recordings should be whole, maintain integrity. Third section witness the 122th investigators askedThe witness, in the field, you can also witness to the unit, place of residence or witness, when necessary, can inform the witnesses provide testimony to a people's Procuratorate or public security organ. Witnesses at the scene, should show documents, witness to the unit, place of residence or witness asked witnesses shall produce a people's Procuratorate or public securityProof of authority.
Witnesses should be individual.
123th witness, testimony should be informed to provide evidence, he should honestly and deliberately false testimony or concealed criminal evidence to take legal responsibility.
124th 120th provision of this law, also applies to witnesses. 125th askingThe victims, provisions for the articles in this section. Fourth section inspection, check the 126th investigator for crime-related sites, articles, personal, body should carry out investigation or inspection.
When necessary, you can assign or employ people with expertise, carried out under the auspices of the detectives ' investigation, check. 127thNo units or individuals, have an obligation to protect the crime scene, and immediately informed the police investigation.
128th investigation officers for investigation, examination, must have proof of a people's Procuratorate or public security authorities. 129th for bodies of unknown cause, Anatomy of public security organs have the right to decide, and inform family members of the deceasedThe scene.
130th in order to identify the victims, suspects some of the characteristics, injury or physiological state, you can check your personal, can extract the fingerprint information, collecting biological samples such as blood, urine.
If the suspect refused to check, the investigators when deemed necessary, to enforce a check. Check the woman's body,Should be carried out by a female staff member or physician.
131th inspection, inspections should be written ' notes from people participating in the investigation, inspections and witness signature or seal. 132th people's Procuratorate reviews a case when the police investigation, inspection, when you feel the need to re-inspection, review, you can require that public security organs reinspection,Review, and may send procurators to participate in.
133th section in order to ascertain the merits, when necessary, approved by the head of public security organs, to conduct investigative experiments.
Investigation record of experiments should be written, signed or sealed by the person in the experiment. Investigation experiment, prohibition of all to be a dangerous, degrading or corrupt moralsBehavior.
Fifth section search 134th in order to collect the evidence, tracked down the perpetrators of the crime, investigators suspect and could be hiding criminals or crime can be evidence of human bodies, supplies, shelter and other relevant local searches. 135th no unit or individual is obliged to follow the people's Procuratorate andRequirements of the public security organs, surrendered can prove evidence of suspect's guilt or innocence, documentary, audiovisual materials, and other evidence.
136th search, you must produce a search warrant to the person to be searched.
At the time of arrest, detention, in the event of an emergency, do not warrant can also be searched. 137th in searchWhen should the person to be searched or his family members, neighbors, or the presence of other witnesses.
Search women's bodies, should be carried out by female staff. 138th search should write ' notes, by the investigator and the person to be searched or his family members, neighbours or other witness signature or seal. If the person to be searched or his family members inEscape or refusal to sign, seal, it should be stated in the record.
Sixth section sealed up or seized evidence, documentary evidence the 139th was found in the investigation to prove that the suspect's guilt or innocence of all kinds of property, documents should be sealed up or seized; property has nothing to do with the case, documents, shall not be sealed up or seized. For sealing up, distrainingProperty, file, you want to keep or hold, you may not use, change or damage. 140th on attachment, seizure of property, the file should be in conjunction with the presence of the witnesses and to be sealed up or seized property, file holder enumeration clearly, two copies of the list on the spot, held by investigators, and the signature or seal, a copy to the holder and the otherA copy of the volume to be checked.
141th investigators feel the need to arrest the suspect mail, Telegraph, and approved by the public security organ or the people's Procuratorate, notify the authority of posts and telecommunications-related messages, telegrams liable to seizure.
When does not need to continue to detain, notify the authority of posts and telecommunications. The 142th article people's Procuratorate, thePublic security organs according to the needs of crime investigation, in accordance with the provisions of the query, freeze suspects ' deposits, remittances, bonds, stocks, funds, shares, and other property.
Units and individuals concerned should cooperate with.
Suspects ' deposits, remittances, bonds, stocks, funds, shares, property has been frozen, not repeated freezing. On 143th attachment, buckleCharge of property, documents, mail, telegraph or the freezing of deposits, remittances, bonds, stocks, funds, shares, property, identified as really has nothing to do with the case, should be within the 3rd lift sealing up, distraining, freezing, be refunded. Identification of the seventh section in order to ascertain the merits of the 144th article, in cases when some specialized problem need to be addressed, it should beAssign, employ people with expertise in identification.
After identification of the 145th article expert, should be written expert opinions, and the signature.
Intentionally making false identification of forensic experts, shall bear legal liability. 146th investigation organ shall be used for the identification of evidence of opinion to criminal suspects and victims. If crime suspectsPeople, victims apply additional verifications or recertification.
147th on the suspect identification excluding handling during periods of mental illness. Eighth section 148th public security organ after placing the technical investigation measures, for the crime of endangering national security, terrorist crimes, organized crime, crimeCrime cases of drug-related crime or other serious harm to society, according to the investigation of crime need, undergo a rigorous approval, technical investigation measures can be taken. After placing the people's procuratorates, major cases of corruption, bribery and the use of the terms of implementation of major criminal cases of serious violations of citizens ' personal rights, according to the needs of crime investigation, rigorouslyApproval, technical investigation measures may be taken, in accordance with the provisions of the relevant authorities for execution.
Chase was wanted or approval, decided to arrest of fugitive suspects, defendants, after approval, necessary for the pursuit of technical investigation measures could be taken. 149th approval decisions should be based on the investigation of crimes needs, determine the technical investigation measuresKinds and application objects. Approval decision within three months from the date of issuance and effective.
Do not need to take technical investigation measures, shall promptly release; for complex and difficult cases, the expiration will still need to take technical investigation measures, is approved, the validity period can be extended, shall not be more than three months at a time. 150th technical investigation measuresEffects, must be strictly in accordance with the approved type, eligibility, and duration of the measures implemented.
Investigators to take investigative measures in the process of technology knowledge of State secrets, business secrets or personal privacy, shall be confidential, and for technical investigation measures for has nothing to do with the case materials, must be destroyed in time. Technical investigation measures taken to obtain materials, can only be used on crimeInvestigation, prosecution and trial, shall not be used for any other purpose.
Technical investigation measures taken according to the law of public security organs, units and individuals concerned should cooperate with, and to be kept confidential. 151th in order to ascertain the merits, when necessary, by the decision of Heads of public security organs, can be carried out by the relevant persons hiding its identity to investigate. However, shall not induceOther crimes, not likely to endanger public safety or serious personal danger.
Criminal activity involving contraband such as drugs or payment of property, public security organs according to the needs of crime investigation, in accordance with the implementation of controlled deliveries. 152th take investigative measures in accordance with the provisions of this section collects material in criminal proceedings can beEvidence used.
If you use the evidence likely to endanger the safety of the persons concerned, or it may have other serious consequences, should be taken do not expose the identity, technical protection measures, when necessary, can be used by judges out of court to verify the evidence. Pursuant to section wanted Nineth suspects should be arrestedFruit at large, public security authorities may release warrant, take effective measures, hunting brought.
Public security organs at all levels within their areas of jurisdiction, can directly arrest; areas beyond their jurisdiction, should report to the superior authority of the power to determine the publication. The tenth section 154th on the end of investigation after the suspect's arrest in investigative custodyPeriod shall not exceed two months.
Expiry of the complexity of the case, and not the end of the case, you can level up by the people's Procuratorate approved extended by one month. 155th due to special causes, over a long period of time should not be brought to trial in particularly complex cases, approved by the Supreme People's Procuratorate report to the Standing Committee of the national people's Congress postponed the trial.Article 156th following cases in the law article cannot detect the end of the expiry of the period provided for, upon approval of the provincial, autonomous regional, and municipal people's Procuratorate or decision can be extended for two months: (a) traffic is not significant and complex cases in remote areas, (ii) major criminal cases, (iii) flee hither and thither to commit offensesIn complex cases, and (iv) crimes involving a wide, evidence difficult and complex cases. 157th the suspects might call for a more than ten-year prison sentence, in accordance with this article the 156th by extending the expiration, still cannot detect the end of, approved by the provincial, autonomous regional, and municipal people's Procuratorate or decision may be extended for twoA month.
158th in the investigation period, found another important crimes of criminal suspects, from the date of discovery in accordance with the provisions of the present law 154th recalculate the investigative detention period. Criminal suspects without real name, home address, unknown, should be to investigate their identities, self clearing the investigative detention period counted from the date of his identity, butIs not allowed to stop on their crime investigation and evidence collection.
Crime facts are clear, the evidence is reliable and sufficient, does not identify its identity, you can also press the name of prosecution, trial. 159th in the investigation of the case, before the end of defence counsel request, investigation, authorities should listen to the views of defence counsel, and documented. Defence counsel made booksSurface observations, should report the volumes.
160th police end investigation case should be facts clearly do crimes, evidence is reliable and sufficient, and write out the prosecution of submissions, together with the case materials, be transferred to the people's Procuratorate at the same level of evidence review decision; at the same time the removal of cases inform criminal suspects and their defence counsel. 161thIn the course of investigation, found that liability should not suspect, should withdraw cases suspects have been arrested, and should be immediately released and issued a release certificate, and inform the people's Procuratorate approved arrest. 11th Festival on the investigation of the cases directly accepted by the people's procuratorates 162th directly accepted by the people's procuratoratesInvestigation of application of the provisions of this chapter.
163th cases directly accepted by the people's procuratorates in the 79th, 80th, subject to this law, the fifth item under the circumstance, need to be arrested, detained suspect, decision by the people's Procuratorate, performed by a public security organ. 164th in the cases directly accepted by the people's procuratoratesDetention of persons, should be carried out in less than 24 hours after detention and interrogation.
When found not to be detained, he must be immediately released and issued a release certificate. 165th in the cases directly accepted by the people's procuratorates of persons in custody, feel the need to arrest, shall make a decision within 14th. In exceptional circumstances, decide to arrest can be extended3rd of the day.
Arrest is not required, shall be released immediately; on the need to continue the investigation, and subject to the guarantor pending trial, monitor living conditions, bail or surveillance according to the law.
166th ending people's Procuratorate investigative case, prosecution should be made, no prosecution or revocation of decision of the case. Chapter III prosecution167 article where the need to prosecute the case will be decided by the people's Procuratorate reviews. 168th when people's Procuratorate reviews a case, you must identify: (a) is clear on the facts and circumstances of the crime, the evidence is reliable and sufficient, charges of criminal nature, and the identification is correct, (ii) there is no crime of omission and others should beLiability person; and (iii) whether it is should not be held criminally responsible and (iv) there is no lawsuit; (e) lawfulness of investigative activities. 169th transferred to the people's Procuratorate for public security authorities to prosecute the case, shall make a decision within one month, of major and complex cases, can be extended for half a month.People's Procuratorate, investigation and prosecution of cases, the change of jurisdiction, from changing the people's Procuratorate, calculated from the date of receipt of the case after the review period. 170th people's Procuratorate reviews a case, examination of a criminal suspect, listen to the views of defenders, victims and his agents ad litem, and documented. Submitted by defenders, victims and his agents ad litemSurface observations, should report the volumes.
171th people's Procuratorate reviews a case, public security organs may be required to provide the evidence necessary for the Court materials; see this method in May to illegal methods to collect evidence of the 54th article, you can ask the legality of evidence collected description. People's Procuratorate reviews a case, needs repairInvestigation of filling, you can return the supplementary investigation of public security organs, it can detect. For supplementary investigation of cases should be supplementary investigation is completed in less than a month. Supplementary investigation is limited to two.
Supplementary investigation is completed after the removal of people's procuratorates, people's procuratorates recalculate the review period. Second supplementary investigation of cases, people's procuratorates are still considered cardInadequate, does not meet the conditions for prosecution, shall make a decision not to prosecute. 172th people's procuratorate considers criminal suspects of crimes has been identified, the evidence is reliable and sufficient, criminal liability shall be investigated according to the law, prosecution decisions should be made, in accordance with the provisions of jurisdiction, to the people's Court for prosecution, and the removal of materials in the case, evidence by peopleHospital.
173th suspects without criminal facts or circumstances prescribed in this law 15th, the people's Procuratorate shall make a decision not to prosecute.
For minor crimes, in accordance with the Criminal Code provisions do not need to be sentenced to a punishment or be exempted from punishment, people's procuratorates can make a decision not to prosecute. People's Procuratorate decides not to prosecuteCase sealing up, distraining, freezing should work on investigation of sealing up, distraining, freezing property lifted. Was not to prosecute people need to give administrative penalty, punishment or confiscation of illegal income, the people's Procuratorate shall raise procuratorial, transferred to the competent authority.
Competent authorities should be handled promptly notify the people's Procuratorate. The 170th14 's decision not to prosecute, shall be publicly announced, and will serve a decision not to prosecute was not prosecuted and his organization.
If they are not to prosecute persons in custody, shall be released immediately. 175th of public security organs for transfer of prosecution cases, the people's Procuratorate decides not to prosecute, decisions not to prosecute should be served on the public security organs. Public security authorities do notResponsive when decisions are in error, you can request reconsideration, if the advice was not accepted, people's Procuratorate brought to the review at a higher level. 176th for victims ' cases, decided not to prosecute, the people's Procuratorate shall serve a decision not to prosecute the victims. If the victim against, from receipt of the written decision of 7th after people at a higher level within the public prosecutor'sComplaints, requests are prosecuted. The people's Procuratorate shall inform victims of the review decision. Maintained on people's Procuratorate decides not to prosecute, the victim may bring a suit to a people's Court. Victims may or may not appeal directly to the people's Court.
After the court hearing the case, the people's Procuratorate shall be transferred to the people's Court of the case materials. 177th173th people's Procuratorate in accordance with the law specified in the second paragraph of the decision not to prosecute was not to prosecute people if not satisfied with, from receipt of the written decision to the people's Procuratorate within 7th after complaints.
The people's Procuratorate shall review the decision, notification is not to prosecute persons, while cc police authorities. Chapter III trial trial organization178 basic-level people's Court, the intermediate people's Court trial of first instance cases should be by the judges and people's assessors by the judges three or all three-man collegial
diablo 3 power leveling, but basic-level people's Court for summary of cases can be tried by judge alone. Higher people's Court, Supreme People's Court of first instance cases should be decided by judge threeOne to seven people or by judges and people's assessors from three to seven people form a new collegial panel.
People's assessors perform their duties in the people's Court, with judges have equal rights.
Court of appeal and protest cases, by a judge three-to five-person collegial.
Full membership should be in the singular. Full Court by the President orSpecifies the judge who served as the presiding judge of the President.
President or attend the trial when the case of the President, himself served as the presiding judge. 179th collegial panel to review when, if differences of opinion should be made according to the views of the majority decision, but minority views should write ' notes.
Review notes signed by the members of the collegial panel. The 100th80 after full hearing and review, decisions should be made. Difficult, complex, major cases, the collegial Panel found it difficult to make decisions, decided by the full attention of the President decided to put on trial the Committee discussions.
Decision of the Judicial Committee, the collegial panel should be performed. First section of the chapter II procedure of first instance public prosecution 180th11 after review of the case of the people's Court for prosecution, has explicitly accused of crimes in the indictment should be decided to trial. 182th after the people's Court trial decision, you should determine the members of the collegial panel, the people's Procuratorate served no later than 10th before the trial the defendant a copy of the indictment and its defenders.Before the sitting, judges may convene public prosecutor, the parties and counsel, agent ad litem, evasive and lists of witnesses, exclusionary, and other trial-related issues and to understand the situation, listen to their views. After the court date the Court determined, notice of the time and place of the trial should be the people's Procuratorate, summon the parties, informed the defenders and the agents ad litem
diablo 3 gold, Witnesses, experts and interpreters, service of the summons and notice no later than sitting in 3rd.
Public trial of the case, announced sessions prior to 3rd case, defendant's name, hearing time and place.
Such activities should be written to the record, signed by the judges and clerks. 183th Court of first instance cases should beWhen in public.
However, cases involving State secrets or personal privacy, no public hearing involving trade secrets case, heard by the party applying for private, without public hearings.
Does not expose the hearing of cases, should be heard by the Court did not declare a public reason. 184th cases for trial on indictment by, the people's Procuratorate shall attendSupport an indictment of the Tribunal. 185th session, presiding judge ascertain whether the parties appeared, announced the case; announced members of the collegial panel, clerks, prosecutors, defenders, a list of agent ad litem, experts and translators; informing the party concerned has the right to full members and the court clerk, the Prosecutor's challenge, experts and translators;Inform him of the rights of the defence.
186th after the Prosecutor read out the indictment in court, the accused, the victim can make statement on indictment of an offence, prosecutors can examine the accused.
Included with the victim, civil plaintiff and defender, agent ad litem, by the permission of the Chief Justice, the defendant questions. TrialPeople can examine the defendant.
187th prosecutors, parties or counsel, agent ad litem on the testimony of a witness has an objection, and the testimony of witnesses had a significant impact on the conviction and sentencing of cases, people's courts think that witnesses are required to testify, witnesses should testify. When carrying out its duties of police witnesses to the crime as a witnessEvidence and applicable provisions of the preceding paragraph. Public Prosecutor, parties or counsel, agent ad litem for identification of a dissenting opinion, people's Court considers identification of persons appearing for the necessary, expert witnesses should testify.
By the people's Court informed, expert witnesses refused to testify, expert opinions may not as yet under. 188th upon people's court notice, witnessThere is no legitimate reason not to testify, the people's Court may force its presence, but except for the defendant's spouse, parents and children. Without good reason refused to appear in court or after the appearance of the witness refused to testify, to admonish, in serious cases, approved by the President, 10th following detention. Be punished people are not satisfied with the decision of detention, may apply higher people's CourtReconsideration.
During the reconsideration does not stop execution. 189th witnesses, judges should be informed that he would faithfully provided testimony and perjury or concealed criminal evidence to take legal responsibility. Public Prosecutor, and defender, agent ad litem by the presiding judge permits the parties, witnesses, experts to ask questions. When you think asking has nothing to do with the case of the Chief Justice, Should be stopped.
Judges may ask witnesses, expert witnesses. 190th prosecutors, the Defender must produce evidence to the Court, identified by the parties, has not appeared in identification of the record of the testimony of witnesses, expert witnesses, transcripts, and other instruments of evidence, should be read in court. Judges shall hear the Prosecutor, the party and defenceOpinions of people, an agent ad litem.
191th in court proceedings, the collegial panel verify possessed of doubts can be adjourned, to investigate the evidence verified.
People's court investigation and verification of evidence, investigation, inspection, seizure, seizure, identification, freezing and queries. 192th in court proceedings, the parties and theDefender, agent ad litem is entitled to notice of the new witnesses, obtain new material evidence, application for recertification or investigation.
Public Prosecutor, Defender, and his agents ad litem can apply for the notification of the Court by the parties with expertise to attend court expert to expert opinions to express their views. Court for such an application, whether or not decisions should be made.People with expertise in the second paragraph appears, for identification of the relevant provisions.
Article 193th in court proceedings, facts and evidence relating to the conviction, sentencing should investigate, debate. By the permission of the Chief Justice, the public prosecutor, the parties and counsel, agent ad litem can comment on the evidence and the circumstances of the case and to each otherDebate.
Presiding judge announced after the close of the debate, the defendant has the right to a final statement. 194th in court during a trial, if the participants in the proceedings or to observe the person violated the court order, the presiding judge should be warned to stop. Do not stop, you can forcibly taken out of court is serious, is punishable by a fine of $ 1000 or below the 15thDetention. Fine, detention must be approved by the President. Is not satisfied with the decision by penalties for fines, detention of persons, may apply higher people's Court for reconsideration.
During the reconsideration does not stop execution. Assembling a fool, the impact of the Court or insult, slander, threats, assault and judicial staff or participants in the proceedings, thus seriously disrupting court order, constitutes a crime, investigated for criminal responsibilityEither. After the 195th in the final statement of the accused, the presiding judge adjourned, the collegial Panel reviewed, according to the facts, evidence and had identified the relevant legal provisions, made the following decisions: (a) the facts of the case clearly, the evidence is reliable and sufficient, according to the law the defendant is found guilty, guilty verdict should be made, (ii) based onLegal defendant is found not guilty, acquittal should be made, and (c) lack of evidence, not the defendant is found guilty, should be made for insufficient evidence, accused of crimes cannot hold the acquittal.
196th deliver judgment, are open to the public. Judgment of the Court declaring, within the 5th will be served and filed by the parties of the decisionComplaint of people's procuratorates; judgement on a regular basis, shall be declared immediately after the judgement to be served on the parties and prosecute the people's Procuratorate.
Judgment should be served on the Defender, both agent ad litem.
197th judges and clerks should sign the judgement, and indicating the period of appeal and the Court of appeal. 198thDuring the Court trial, in the event of the following circumstances, affect the conduct of the trial, trial may be postponed: (I) the need to notify of the new witnesses, obtain new material evidence, recertification, or examination; (b) prosecutors requires supplementary investigation found that prosecution of cases, recommendations, (c) cannot be tried because of the challenge.Article 199th in accordance with this law article provides an extension of the trial of cases, people's procuratorates should be supplementary investigation is completed in less than a month. Section No. 200 during the trial, one of the following circumstances, leading cases over a long time is unable to continue the trial, suspension: (a) the defendant is suffering from serious illnesses, noAppearing for the law, (ii) the defendant to escape, and (c) dealing with people suffering from serious diseases, unable to appear, not appearing for the principal-agent ad litem; and (iv) due to irresistible reasons. Suspension reason disappears, should restore hearing.
Periods are not included in the trial period of the suspension. Article No. 201 all courtActivities should be written by the clerks ' notes, by the presiding judge after review, signed by the presiding judge and clerk. Court transcripts of witness testimony in part, should be read in court, or to the witness to read.
Witnesses admit that no error, shall sign or seal. Read transcripts should be submitted to the parties or to the Court that he read out. Parties deem recorded have missing or badWrong, you can request additions or corrections.
After the parties recognize there is no error, they shall sign or seal. Section No. 202 cases of people's Court for trial on indictment, shall be accepted within two months after sentencing, at least not more than three months. For a case or lawsuit may be sentenced to the death penalty case, and 156th provisions of this law situationsAnd approved by the level on the people's Court, can be extended for three months due to special circumstances also need to increase, report it to the approval of the Supreme People's Court.
Jurisdiction of the people's Court to change case, from the Court received the case after the changes calculated from the date of the trial period. People's Procuratorate of supplementary investigation of the case, supplementary investigation is completed after the removal of the people's Court, the people's Court to recalculateTrial period.
No. 203 people's Procuratorate discovered a people's Court trial proceedings provided for in cases of violations of the law, right to put forward to the people's Court to correct. Section II dealing with the cases of Article No. 204 cases of private prosecution cases include the following: (a) be handled only cases, (ii) there is evidence of the victim's minorIn criminal cases, (iii) victims have evidence to prove that acts of infringement of their personal and property rights of the defendant shall be investigated for criminal responsibility, and the public security organ or the people's Procuratorate not to pursue cases of criminal defendants. No. 205, after the people's Court for a review of the cases of private prosecution, respectively, in accordance with the following circumstances: (I) theClearly, there is sufficient evidence of the case, trial, (ii) lack of evidence of cases of private prosecution, if private persons without additional evidence, should convince the private prosecution withdrawn private prosecution, or ruling dismissed.
Dealing with people twice summoned according to the law, and without good reason refuses to appear, or without the leave of the Court of the recess in the Middle, by withdrawing treatment. Court trialIn the process, the judges verify possessed of doubts, need investigation and verification, apply the provisions of this law 191th. No. 206 people's courts to cases of private prosecution, mediation; private person before the judgement, with their own settlement or withdrawal of a private prosecution of the defendant.
Cases provided for in Article No. 204 of this law does not apply to mediation. PeopleCourt dealing with the cases of the period, the defendant is in custody, apply the provisions of law No. 202, the second paragraph of paragraph; not in custody, shall be accepted within six months after sentencing. No. 207 cases of private prosecution of the defendant in the course of the proceedings, filed counterclaims against private persons.
Counterclaim for private provision. Section III summary procedureSection No. 208 of grass-roots people's courts jurisdiction cases, subject to the following conditions, you can apply simple process: (a) clear and sufficient evidence of the facts of the case, and (ii) the defendant admits the offence, for alleged crimes did not dispute the facts; (c) the defendant to apply summary proceedings without objection. The people's procuratoratesWhen in prosecution, may suggest the people's Court for summary procedures. Section No. 209 of any of the following circumstances, summary procedure shall not apply to: (a) the accused is blind, deaf, dumb people, or has not yet completely lost mental patients for identification or control his conduct, (ii) have a significant social impact, (iii) common mistakesParts in case the defendant not guilty of the crime or of objections to applying summary procedures, and (iv) other inappropriate to apply summary proceedings. Section No. 210 cases of application of summary proceedings, may be sentenced to three years in prison following the penalty, can form a new collegial panel for the trial, can also be tried by judge alone, and may be sentenced to imprisonmentMore than three years, shall form a new collegial panel for the trial.
Cases of application of summary proceedings on indictment, the people's Procuratorate shall attend the Court. Section No. 211 summary trials, judges should ask the defendant for alleged crimes of opinion, inform him of legal provisions for summary proceedings, to confirm whether the defendantApplication of summary proceedings.
Section No. 212 cases of application of summary proceedings, by officers of the trial license, and its defenders with the public prosecutor, the private prosecution of the defendant and his agents ad litem to debate each other. Section No. 213 cases of summary procedure, is not subject to section I of this chapter relating to the service maturity, questioning the accused, the witnesses and expert witnesses, Evidence and debate program restrictions imposed.
But before the judgement should be listening to the last statement of the defendant.
Section No. 214 cases of application of summary proceedings, the people's Court shall be accepted up to 20th after the conclusion; may be sentenced to imprisonment for more than three years, and can be extended to 1.5 months. By No. 215 peopleDuring the trial, found it appropriate to apply simplified procedure, shall be in accordance with the provisions of section II of the first section of this chapter or a retrial. Program No. 216 of the third chapter of the second instance, private persons and their legal representatives of the defendant, against all levels of local people's Court of the first instance judgment, ruled that the right of pleadings or orally at the higher people's CourtLitigation.
Defender and a close relative of the defendant, the defendant agreed to, you can appeal.
Incidental civil action of the parties and their legal representatives, all levels of local people's Court of the first instance judgment, can be found in the part of the lawsuit, filed an appeal.
The defendant's right to appeal, and shall not be deprived under any pretext. No. 217People's procuratorates at various local levels that the level of the people's Court of first instance judgment, ruling there is an error when higher people's courts should be challenged. No. 218 victims and their legal representatives against all levels of local people's Court of first instance judgment, from receipt of the 5th after the judgement has the right to request the people's Procuratorate challenged. People of the public prosecutor'sUpon receipt of the request to victims and their legal representatives within the 5th, protest decisions should be made and that the requested person.
Section No. 219 against the judgment of the appeal and protest period for the 10th, dissatisfied with the determination of the appeal and protest period for 5th, from the judgment date, the order of the second. No. 220, the accused, the prosecutionPerson, incidental civil action of the plaintiff and the defendant appealed by the trial court, the trial court shall within the 3rd level people's Court on the appeal together with the transfer case, evidence, at the same time send a copy of the appeal the people's Procuratorate at the same level, and the other party. , Private person, incidental civil action of the defendant to the plaintiff and the defendant directly to the people of the second instanceCourt of appeal, the second instance court shall within 3rd appeals the trial court to the people's Procuratorate at the same level and the other party. Article No. 221 local people's procuratorates at all levels on similar protests of the people's Court of first instance judgment, determination, shall be by trial court challenged books, and people will protest on the CC level inspectionHospital.
Trial court on the protest together with the transfer case, evidence should be level people's Court, and send a copy of the protest party.
Upper-level people's procuratorate considers inappropriate protest, to the people's Court to withdraw the protest at the same level, and the lower-level people's Procuratorate. Article No. 222 people's Court shall on the first instance judgment of second instanceReal and comprehensive review of the application of law, not subject to appeal or protest of limited scope.
Only part of the appeal of the defendant in the case of common crime, should be a review of the case, also be dealt with. Article No. 223 people's Court of second instance for the cases of the following shall form a new collegial panel, hearing: (a) the accused, the prosecution and statutory agentsPerson objects to the facts and evidence on the first instance found, may affect the appeal of the conviction and sentencing, (ii) the appeal of the accused were sentenced to death and (iii) of the people's procuratorates protest cases; and (iv) other court cases. Heard by the people's Court of second instance decides not to hold a hearing, should examine the defendant, listen to the other partyViews of man, Defender and agent ad litem.
Second-instance people's court hearing on the appeal or protest cases, cases or where the trial court. No. 224 people's procuratorates challenged or second-instance people's court hearing in the case of public prosecution cases, people's procuratorates should attend the Court at the same level. The secondThe people's Court shall promptly notify the people's Procuratorate of the lookup files after the trial decision. The people's Procuratorate shall inspection is completed within one month.
People's Procuratorate of access to case files are not included in the trial period of time. Article No. 225-instance people's Court for cases of appeal or protest against the first instance decision, after the trial, should be in accordance with the following conditions treated separately(A) the original judgment of facts and of the correct application of law, sentencing, as appropriate, shall make a decision dismissing the appeal or protest and upheld, (ii) the original judgment there is no error, but for legal error or improper sentences should be commuted; (c) the original judgment is unclear or insufficient evidence of fact, can be identified after the fact original sentence;Rule to cancel the original judgement, sent back to the trial court retrial.
The trial before the people's Court in accordance with the third paragraph of the requirements after the judgement of the case back to trial again, the defendant appealed or challenged by the people's procuratorates, the second-instance people's Court shall make a judgment or order according to law shall not be sent back to the trial court retrial. No. 22016 second-instance people's Court heard that the defendant or his legal representatives, advocates, close relatives appeal cases shall not increase a defendant's sentence.
People's Court of second instance back to the trial court retrial of the case, unless there are new facts, other than the people's Procuratorate indicted by the supplementary, the trial court shall not increase a defendant's sentence. People of the public prosecutor'sHospital appeal challenged or private persons, are not subject to the limitations provided for in the preceding paragraph. Article No. 227-instance people's Court found that first-instance people's Court trial of any of the following violations of the law of one of the cases of the proceedings, shall rule to cancel the original sentence, and again back to the trial court judgment: (a) violations of the provisions of this law concerning public trial;(B) violations of the withdrawal system, (iii) deprivation or restriction of a party's statutory right of action, that might affect a fair trial; (d) the trial organization composed of illegal, (v) other proceedings for violations of legal provisions, that might affect a fair trial. Trial court No. 228 section for back to backSentence case, shall form a new collegial panel, in accordance with the procedure of first instance trial.
Again after the trial judgment, in accordance with the law No. 216, No. 217, No. 218 section you can appeal or protest. Article No. 229-instance people's Court of appeal against the ruling of the first instance or protest, after the review, shall be referred toNo. 225, No. 227 of this Act and the provisions of Article No. 228, respectively with a ruling dismissing the appeal or protest, or revoke, change the original award.
Article No. 230 people's Court of second instance back to the trial court retrial of the case, the trial court from the date of receipt of the returned cases, trial periods are recalculated. The secondBaisanshiyitiao second-instance people's Court trial procedures for cases of appeal or protest, other than is provided for in this chapter, reference to the provisions of the procedure of first instance. Article No. 232 cases of second-instance people's Court has accepted the appeal or protest shall be completed within two months. For a case or lawsuit may be sentenced to the death penalty case, and this method firstBaiwushiliutiao of the circumstances specified in, or approved by the provincial, autonomous regional, and municipal higher people's Court decision, can be extended for another two months, and due to special circumstances also need to be extended, report it to the approval of the Supreme People's Court.
Supreme People's Court accepted the appeal or protest trial period in the case, decided by the Supreme People's Court. Article No. 233 of judgment, discretionAnd the judgments or orders of the Supreme People's Court, are judgments or orders of the Court of final appeal. No. 234 public security organs, people's procuratorates and people's courts on sealing up, distraining, freezing of suspect or defendant's property and its fruits, should be maintained, for the purpose of verification, and make a list, along with the transfer case. No unit or individual may misappropriate or to handle.On the legal property of the victim, shall be returned without delay.
For contraband or items not suitable for long-term preservation, should be in accordance with the relevant provisions of the State.
Physical for use as evidence should be with the transfer case, should not be removed, should be a list, photos, or other supporting documents with the transfer case. The people's Court's decision should be for sealing up, distraining, freezingProperty and its fruits. People's Court's decision after the entry into force, relevant organs should be under judgment on sealing up, distraining, freezing property and processed fruits.
On sealing up, distraining, freezing the illicit money and offer, in addition to returned victims according to the law, will be turned over to the State Treasury. Judicial workers embezzlement, misappropriation, or unauthorized attachment,Property seizure, freezing and its fruits, criminal liability shall be investigated according to law; do not constitute a crime, taking disciplinary action.
The fourth chapter of the death penalty review procedure article No. 235 of the death penalty by the Supreme People's Court. Cases of first instance No. 236 intermediate people's Court sentenced to death, the accused does not appeal, should be addressed by the higher people's Court after review,Report to the Supreme People's Court.
The higher people's Court does not agree with the imposition of the death penalty, can be brought before or returned for retrial.
High people's Court of first instance sentenced to the death penalty defendant does not appeal the case, and sentenced to death by the second instance cases, should be submitted to the Supreme People's Court. No. 237 of the intermediate people's Court sentenced to death with a two-yearCases
tera gold, approved by the higher people's Court.
Section No. 238 Supreme People's Court review of death penalty cases, the high people's Court review of death penalty cases suspended, should a judge three-man collegial. Article No. 239 Supreme People's Court review of death penalty cases, approve or do not approve of the death penalty ruling should be made. Do not approve of the death penalty, The Supreme People's Court can be sent back to trial or judgment again.
No. 240, the Supreme People's Court review of death penalty cases, should examine the accused, defence counsel requested, should listen to the views of defence counsel. In the process of review of death penalty cases, the Supreme People's Procuratorate's views to the Supreme People's Court. The Supreme People's Court should be deadCriminal review results inform the Supreme People's Procuratorate.
Fifth chapter No. 241 trial supervision procedure the parties and their legal representatives, a close relative, had been legally effective judgments or orders, you can appeal to the people's Court or the people's Procuratorate, but you cannot stop the execution of the judgment or order. Parties No. 242Legal representative, a close relative of the complaint in accordance with one of the following circumstances, the people's Court shall be tried again: (a) there is new evidence that the original judgment or written order identified facts do have errors, which may affect the conviction and sentencing of, (ii) it is evidence of the conviction and sentencing of inaccurate, inadequate, and should be excluded, or between the main evidence proving the facts of the case the depositIn contradiction, (iii) the original judgment or written order does have error of application of law; (iv) proceedings for violations of legal provisions, may affect the impartiality of the trial, (v) when the judge hearing the case, there is corruption, favoritism, bending the referee. Section No. 243 on the President of the people's courts at all levels have occurredLegal effect of judgments and orders, if found in fact has been found or error on the applicable law, must be submitted to the Judicial Committee. The Supreme People's Court on the people's courts at all levels have been legally effective judgments and orders, higher level people's Court on the lower level people's courts that had been legally effective judgments and orders, if definite error is found, the right to a trial orInstructions lower-level people's Court for retrial.
Supreme People's Procuratorate, people's courts at all levels have become legally effective judgments and orders, upper-level people's Procuratorate for lower-level people's courts have been legally effective judgments and orders, if you find an error, right to challenged the people's courts at the same level in accordance with the procedure for trial supervision. People's procuratorates protest case, accept the anti-Complaint of the people's Court shall form a new collegial panel hear again, for the original judgment is unclear or insufficient evidence, can command lower-level people's Court for retrial. No. 244 upper-level people's Court of instruction of lower-level people's Court for retrial, instruction outside the trial court should be lower-level people's Court tried by trial court proceedings more appropriate, or instructionsThe trial court hearing. Section No. 245 cases for trial in accordance with the procedure for trial supervision back by, heard by the trial court shall form a new collegial panel. If it was the first instance cases should be in accordance with the procedure of first instance trials, judgments or orders made by, you can appeal or protest if turned out to be the second instance cases, on or-Level people's Court trial of cases should be tried in accordance with the procedure of second instance, judgments or orders made, is the Court of final appeal's judgment or written order.
People's court hearing the retrial, the people's Procuratorate shall attend the Court at the same level. Section No. 246 cases for retrial decision by, needs to take coercive measures against defendant, by the people's Court in accordance withLaw; the people's Procuratorate challenged retrial, need to take coercive measures against defendant, decided by the people's Procuratorate according to law.
People's Court in accordance with the procedure for trial supervision of trial cases, decided to terminate the original judgment or execution of the order. Section No. 247 cases for trial in accordance with the procedure for trial supervision back by, must be brought before,Retrial concluded within three months from the date of the decision, need to extend, not more than six months. Accept challenging cases for trial under the judicial supervision procedure of protest by, for the trial period stipulated in the preceding paragraph; the need for instruction of lower-level people's Court for retrial, has received a protest should be made within one month from the date of the decision, lower-level people's Court trial period applicableProvisions of the preceding paragraph.
Part IV implementation of Article No. 248 after the legally effective judgments and orders execution. The following judgments and orders are legally effective judgments and orders: (a) statutory time limit has passed no judgments and orders of the appeal or protest, (ii) the judgments and orders of the Court of final appeal, and (c) approved by the Supreme People's CourtThe sentence of death and the higher people's Court approved the death sentence with a two-year sentence.
Section No. 249 first-instance people's Court judgments the defendant not guilty, the removal of criminal penalties, if the defendant in custody, after the ruling shall be released immediately. No. 250, approved by the Supreme People's Court sentenced and immediate implementation of judgments of the death penalty should be decided by the Supreme People'sOrder of the Court issued the death penalty. Criminals who were sentenced to death with a two-year, during execution of the death sentence with, if there is no intentional crimes, death penalty reprieve expires shall be commuted, written comments by the executive authorities, report to the higher people's Court ruled if intentional crimes, be verified, should be executed, by the higher people's Court reported the highestApproved by the people's Court. Article No. 251 lower-level people's Court after receiving the command of the Supreme People's Court, the death penalty, should be executed within the 7th delivery. But found to be one of the following circumstances, should cease, and immediately report the Supreme People's Court, by the Supreme People's Court to determine: (a) before the execution of judgment may have errors found;(B) before the execution of criminals exposed major criminal facts or other major meritorious service, may need to be commuted; (c) the offender is pregnant. First, second suspension of the execution of the preceding paragraph causes disappears, you must report it to the President of the Supreme People's Court issued the death penalty ordered to perform due to my third reason for suspension of the preceding paragraph shall be submitted toSupreme People's court sentence according to the law.
No. 252 people's Court delivered before the execution of the death penalty, it shall notify the people's Procuratorate at the same level performance monitoring.
Shooting or injection methods, such as the implementation of the death penalty.
The places of detention specified in the execution of the death penalty, or executed. Command execution judges, criminals should be having,Ask there is no last words, letter, and then delivered to the executive officers in the execution of the death penalty.
Before the execution, if it is found that there may be an error, should be suspended, and report to the Supreme People's Court ruled.
The death penalty should be released, and should not put. After the execution of the death penalty, clerks should write ' notes at the scene. Delivered to the Executive Supreme People's Court of the people's Court shall be executed report.After the execution of the death penalty, delivered to the implementation of the people's Court shall notify the family members of the criminal.
Section No. 253 was when delivered to the execution of sentences of offenders, should be performed by the delivery of a people's Court in the judgment in force up to 10th after service of a legal instrument relating to the police, prison or other executive bodies. On being sentenced to death with a two-year, life imprisonment,Imprisonment of the offender, performed by the public security organs will send the offender to prison sentences. Criminals who were sentenced to terms of imprisonment, before it was delivered to the execution of sentences, remaining under sentence of three months, from the detention center on behalf of the Executive.
On the offender being sentenced to criminal detention, performed by a public security organ.
Should be executed in a reformatory for juvenile offenders punishment for juvenile offenders. Executive bodiesWhen timely reception of offenders, and inform family members of the criminal.
Offenders sentenced to terms of imprisonment, criminal detention, execution expired, shall be made by the executive authorities issued a release certificate. No. 254 on the offender being sentenced to imprisonment or criminal detention, any of the following circumstances, you can temporarily serves his sentence outside prison: (a) serious illness needs medical parole;(B) pregnancy or women who are breastfeeding their babies, (c) daily life cannot apply temporarily serves his sentence outside prison would not be harmful to society.
Of offenders sentenced to life imprisonment, with the second under the circumstance of the this article, you can temporarily serves his sentence outside prison. For medical parole may be socially dangerous criminals, criminals or self-inflicted self-mutilation, shall not beExternal medical treatment.
Criminals do have serious diseases, must be of medical parole, diagnosis and hospital designated by the provincial people's Government to issue certificates. Delivered before the execution, temporarily serves his sentence outside prison performed by the delivery of a people's Court decided; delivery execution, temporarily serves his sentence outside prison by prison or detention to submit written observations, reported to the provincial prison authorities or districtsMunicipal public security organ above. No. 255, prison, detention center the provisional execution of a written opinion, writing copy people's Procuratorate should be.
Approval of the people's procuratorate may decide to or to submit written observations. Approved decision No. 256, or temporarily serves his sentence outside prison authorities should be temporarily serves his sentence outside prisonDecided to copy people's Procuratorate.
People's procuratorate considers temporarily serves his sentence outside prison inappropriate, shall within one month from the date of receipt of the notification send a written opinion to decide or approve provisional execution of authority, decided or approved temporarily serves his sentence outside prison authorities after receiving the written opinions of the people's procuratorates should be re-examining the decisions now. Section No. 257On the provisional execution of criminals, of any of the following circumstances shall promptly prison: (a) found to be in line with provisional execution of condition, (b) serious violations of the provisions on provisional execution of supervision and management and (iii) Provisional sentence disappears, criminal sentences is not full. People's Court decided to temporarily serves his sentence outside prison sinsShould be committed to prison, decision by the people's Court, service of a legal instrument relating to the police, prison or other executive bodies. Does not comply with the criminal temporarily serves his sentence outside prison conditions was temporarily serves his sentence outside prison through bribery and other illegal means, are not included in the enforcement of sentences during the execution. During criminal temporarily serves his sentence outside prison escape, escape excluding during practiceSentence of rows.
Die during criminal temporarily serves his sentence outside prison, the executive organ shall promptly notify the prison or detention centre.
Article No. 258 were sentenced to probation, parole or temporary control, declared to the execution of criminals, according to the implementation of community corrections, community corrections agency responsible for implementation. Article No. 259 sentenced of deprivation of political rightsCriminals executed by public security organs.
Expiry of the execution, should be executed by the authority by notice in writing to grass-roots organizations themselves and their organization, residence.
Article No. 260 was sentenced to criminal penalties will expire without paying, the people's Court should be forced to pay if due to irresistible disaster pay do have difficulties encountered, can be found to reduce or exempt. No. 20061 judgment of confiscation of property, regardless of the additional application or an independent application, are performed by the people's Court; in times of need, can be performed in conjunction with the public security organs.
No. 262 of criminals in prison and crime, or find the judgment found no offence, dealt with by the Executive authority transferred to the people's Procuratorate. Being sentenced to public surveillance, arrestsBondage, terms of imprisonment or life imprisonment of the offender, during execution there is repentance or meritorious service, should be according to the law of commutation and parole when, by the Executive Body a proposal, report it to the people's Court of audit determined and proposals copy to people's Procuratorate.
People's Procuratorate of written comments can be submitted to the people's Court. No. 263 people's procuratorates recognitionImproper decisions of people's courts for commutation and parole, you should receive a copy order within 20th after, writing correct views expressed to the people's Court.
The people's Court shall, within one month after receipt of correct views collegial hearing back, make a final determination. Section No. 264 and other executive bodies of penalty execution in prisons, if you think that judgment errorsErrors or criminal complaint should go, a people's Procuratorate or people's courts upheld the handle. Article No. 265 people's Procuratorate on executive activity is legitimate exercise supervision of the execution of sentences.
If found to be unlawful, it shall notify the executive organ to correct. Chapter I of part v of the special procedures of a minor criminal case proceedingsSection No. 266 imposed on minors in criminal policy of education, probation, save, adhere to the principles of education, punishment, supplemented. The people's courts, people's procuratorates and the public security organs dealing with minor criminal cases, should exercise their litigation rights protection of minors, protection of minors legal help and tried by the familiar with the physical and mental characteristics of minorsPersonnel, prosecutors, investigators undertake.
Section No. 267 of juvenile suspects, the accused did not delegate defenders, people's courts, people's procuratorates and the public security organ shall notify the legal aid agencies to assign a lawyer to defend them. Section No. 268 of public security organs, people's procuratorates, people's courts dealing with minor criminal cases,According to the situation of juvenile criminal suspects, accused of growing up, crime, monitoring education for investigation. Section No. 269 of juvenile criminal suspects, defendants should be strict restrictions apply measures to arrest. People's Procuratorate approved the arrest and court decisions to arrest, should the examination of juvenile suspects, the accused, hearing the defenceRetaining lawyers.
Performed on the detention, arrest and sentence of minors and adults should be held separately, respectively, management, education, respectively. Section No. 270 for juvenile criminal cases, at the time of interrogation and trial, it shall notify the legal representatives of the juvenile suspects and defendants at the scene. Cannot be notified, the legal representative cannot orStatutory agent is an accomplice, and can also inform the juvenile suspects, other adult relatives of the defendants, school, unit, place of residence or grass-roots organizations in which minors protecting organization's representatives arrived at the scene and the situation on record.
Statutory agent of the scene can be exercised on behalf of a minor criminal procedural rights of suspects and defendants. Legal representativesOr other officer that investigators were violations of the legitimate rights and interests of minors in the interrogation, trial, to render an opinion.
Interrogation transcripts, court transcripts should be handed over to the scene of the legal representative or other person to read or read out to him.
Examination of female juvenile suspects should have female staff was present. Trial of a minor criminal cases, juvenile defendantsAfter his last statement, its legal representatives can add statements.
Asking the minor victim, witness, apply the provisions of paragraph first, second, third. Section No. 271 for minors suspected of criminal law is the fourth, the fifth, the sixth chapter of the crime may be sentenced to one year in prison following the penalty, in line with the conditions for prosecution, but repentancePerformance, people's procuratorates can make a conditional decision not to prosecute.
People's procuratorates in the conditional decision not to prosecute, should listen to the views of the public security organs, the victim. Conditional decision not to prosecute, request reconsideration of public security organs, drew attention to the review or complaint of victim, apply the provisions of this law 175th, 176th.Juvenile suspects and their legal representatives have objections on condition of people's Procuratorate decides not to prosecute, the people's Procuratorate shall make a decision to prosecute. Section No. 272 in conditions of non-prosecution of the test period, by the people's procuratorates are not to prosecute juvenile suspects conduct supervision and inspection of the condition. Guardian of the juvenile suspects should beJuvenile suspects to strengthen discipline, combined with people's Procuratorate supervision and inspection work.
Conditional tests not to prosecute for a period of more than six months a year, from people's Procuratorate report conditions counting from the date of the decision not to prosecute. Be attached conditions not to prosecute juvenile suspects, shall comply with the following provisions: (a) comply with laws and regulations, subject to theSupervision, (ii) in accordance with the provisions of the investigation bodies report on his own activities; (c) away from the city or County of residence or moved, should be reported to the approval of the inspection authority; and (iv) as requested by the observing organ receiving treatment and education. Section No. 273 report of conditions not to prosecute juvenile suspects, test period, any of the following circumstancesOne of the people's Procuratorate shall revoke a conditional decision not to prosecute, the prosecution: (a) implementation of a new crime or found decided not prosecuted before other conditions require prosecution of crimes, (ii) investigation authorities on acts violating the administration of requirements or regulatory requirements concerning the condition not to prosecute, the circumstances are serious. Is conditional not to prosecute was notAdult criminal suspects, no such situations during the test period, expiry of the test, the people's Procuratorate's decision not to prosecute should be made. Article No. 274 cases of trial when the defendant under 18 years of age, no public hearing. However, agreed by the defendants and legal representatives of minors, a minor defendant and the protection of minors in schools where an organization can send on behalf ofTable at the scene.
Article No. 275 of crime when under 18 years of age, who was sentenced to five years ' imprisonment following the penalty, should hold it to relevant criminal records. Criminal records are sealed, and shall not be provided to any units and individuals, judicial organs for handling needs according to the regulations of the State or authorities except for the query. Query according to the law of unitShall be kept confidential on the circumstances of the criminal record is sealed.
Section No. 276 dealing with minor criminal cases, other than is provided for in this chapter, in accordance with the other provisions of this law. Chapter II No. 277 of public prosecution proceedings of party reconciliation following the public prosecution, suspect, defendant, sincere repentance, throughCompensation to victims, victims of an apology to get understanding, voluntary conciliation of the victim, to reconciliation of the parties: (a) civil disputes, suspected of criminal law criminal cases provided for in the fourth chapter, the fifth chapter, may be sentenced to a sentence of three years in prison following; (ii) may be sentenced to seven years in prison, except for dereliction of the followingPenalties for criminal negligence case.
Criminal suspects and defendants have intentional crimes within five years, does not apply to procedures provided for in this chapter. Article No. 278 of the reconciliation of the parties, public security organs, people's procuratorates, people's courts shall hear the views of the parties and other persons, voluntary, review of the legality of reconciliation, and Chair makingReconciliation agreement. Article No. 279 for the settlement of cases, public security organs may recommend to the people's Procuratorate of clemency. Recommendations of the people's procuratorates can make lenient punishment to the people's Court; for a minor crime, sentence is not required, you can make a decision not to prosecute. People's Court according to law for lenient punishment of the defendant.Chapter III of criminal suspects and defendants become unlawfully at large as No. 280, fatal cases of illegal income confiscated programs for major crimes such as corruption, bribery, terrorism-related crime cases, suspects and defendants become unlawfully at large as, not wanted a year attendance ', or the death of criminal suspects and defendants, in accordance with the provisions of criminal law should pursue its illegal income and other amountsProperty, the people's procuratorate may apply to the people's Court of confiscation of illicit proceeds.
Police think the provisions of the preceding paragraph, should write out the confiscation of illegal proceeds of the submissions, and transferred to the people's Procuratorate. Application should be provided for confiscation of illicit proceeds and evidence related to the proceeds of crime, illegal material, type of State property, quantity, location and searchSealing, distraining and freezing conditions.
People's Court when necessary, applications for sealing up, distraining, freezing the confiscation of property.
Article No. 281 application for confiscation of illicit proceeds from crime or intermediate people's Court of the residence of the suspect or defendant collegial hearing. After the people's Court has accepted application for confiscation of illicit proceeds,When issuing a notice. Notice period of six months.
Criminal suspect or defendant's close relatives and other interested person have the right to apply for participation in the proceedings, or principal-agent ad litem to attend the proceedings. The people's Court after the expiration of the notice of hearing on confiscation of illegal proceeds of application.
Interested persons to participate in the proceedings, the people's Court should be heard. Section No. 282People's court hearing, to verify the proceeds of an offence, and other property involved, in addition to returned victims according to the law, should be found liable to forfeiture; on the property which is not recovered, shall make a decision rejecting the application, lift the sealing up, distraining, freezing measures. Any determination of the people's Court in accordance with the provisions of the preceding paragraph, suspect or defendant's close relatives and otherInterested person or people's Procuratorate can appeal or protest.
No. 283 in the trial process, fugitive suspect or accused surrendered or were captured, the people's Court shall terminate the trial.
Property confiscation of criminal suspects, defendants do have errors, return, compensation should be. Fourth chapter law do not incur criminal responsibilityMandatory medical procedure No. 284 of mental patients of any acts of violence, endangering public safety or serious threats to citizens ' personal safety, through a legal process and identification of mental patients do not incur criminal responsibility according to law, have continued to endanger public possible, can be forced medical treatment. Section No. 285 compulsory health of mental patients in accordance with the provisions of this chapter,People's Court decision. Found by the public security organs of mentally ill persons subject to compulsory medical conditions, should write out the compulsory medical submissions, transferred to the people's Procuratorate. Public security organs for transfer or was found in the investigation and prosecution processes of mentally ill persons subject to compulsory medical conditions, the people's Procuratorate shall apply to the people's Court to force medical. In the people's Court in the trial of casesFound the defendant subject to compulsory medical conditions, compulsory medical decisions can be made.
Mental patients for violence, before the people's Court decided to force medical, public security organs may take temporary measures of restraint.
No. 286 of the people's Court has accepted compulsory medical application, shall form a new collegial panel for the trial. The people's CourtCompulsory medical cases were heard, it shall notify the applicant or the legal representatives of the accused at the scene.
Respondent or defendant fails to principal-agent ad litem, the people's Court shall notify the legal aid agencies to assign a lawyer to provide legal assistance. Section No. 287 people's Court trial, for the respondent or defendant subject to compulsory medical conditions should beIn less than a month to take compulsory medical decisions.
Was decided to force the medical people, victims and their legal representatives, a close relative of forced medical treatment not satisfied with the decision, may apply higher people's Court for reconsideration. Article No. 288 of compulsory medical institutions should periodically be forced medical diagnostic evaluation of the person. For no longer has personal danger, do not need toTo continue its force health, shall promptly lifted the comments made, determine people's Court for compulsory medical approval.
Forced medical discharge of the people and their close relatives have the right to apply for mandatory health care.
Article No. 289 people's Procuratorate on the decisions and the implementation of the compulsory medical supervision. Regulation No. 290 army internal security departments of the armyExercise the right of investigation of criminal cases.
On criminal investigation of criminal cases by the prison within the prison.
Army guard, the prison dealing with criminal cases, the relevant provisions of this law shall apply. (Xinhua News Agency, Beijing, March 17) (Editor: Xu Jing)
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