The People's Republic of China Criminal Procedure Law (2018 Amendment)

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, in accordance with the Fourth Session of the Eighth National People's Congress on March 17, 1996 《Decision on Amending the the People's Republic of China Criminal Procedure Law"The first amendment is based on the Fifth Session of the Eleventh National People's Congress on March 14, 2012Decision on Amending the the People's Republic of China Criminal Procedure Law"The second amendment is based on the 6th meeting of the Standing Committee of the 13th National People's Congress on October 26, 2018 《Decision on Amending the the People's Republic of China Criminal Procedure LawThird Amendment)
Directory
Part I General Provisions
Chapter I Mandate and Basic Principles
Chapter II Jurisdiction
Chapter III Avoidance
Chapter IV Defense and Representation
Chapter V Evidence
Chapter VI Compulsory Measures
Chapter VII Incidental Civil Actions
Chapter VIII Period, Service
Chapter IX Other Provisions
Part II Case Filing, Investigation and Initiation of Public Prosecution
Chapter I Filing a Case
Chapter II Investigation
Section 1 General Provisions
Section 2 Interrogation of Criminal Suspects
Section III Interrogation of Witnesses
Section IV Investigation and Inspection
Section 5 Search
Section 6 Seizure and Seizure of Material and documentary evidence
Section VII Identification
Section 8 Technical Investigation Measures
Section IX Wanted
Section 10 Ending of Investigation
Section 11 Investigation of Cases Directly Accepted by the People's Procuratorates
Chapter III Public Prosecution
Part III Trial
Chapter I Trial Organization
Chapter II Procedure of First Instance
Section 1 Public Prosecution Cases
Section 2 Cases of Private Prosecution
Section III Summary Procedure
Section 4 Quick Cutting Procedure
Chapter III Procedure of Second Instance
Chapter IV Procedure for Review of Death Penalty
Chapter V Trial Supervision Procedures
Part IV Implementation
Part V Special procedures
Chapter I Proceedings for Juvenile Criminal Cases
Chapter II Proceedings of Public Prosecution Cases of Reconciliation between the Parties
Chapter III Procedure for Trial in Absentia
Chapter IV Confiscation Procedures for the Illegal Proceeds of Criminal Suspects and Defendants in Cases of Escape and Death
Chapter V Procedures for Compulsory Medical Treatment of Mental Patients Not Responsible for Criminal Responsibility According to Law
Supplementary Provisions
Part I General Provisions
Chapter I Mandate and Basic Principles
Article 1
In order to guaranteeCriminal LawCorrect implementation, punishing crimes, protecting the people, safeguarding national security and social public safety, maintaining the socialist social order, according toConstitutionto enact this Act.
Article 2 The task of the People's Republic of China the Criminal Procedure Law is to ensure the accurate and timely identification of criminal facts, the correct application of the law, the punishment of criminals, the protection of innocent persons from criminal prosecution, and the education of citizens to consciously abide by the law and actively fight against criminal acts Fight, safeguard the socialist legal system, respect and protect human rights, protect citizens' personal, property, democratic and other rights, and ensure the smooth progress of socialist construction.
Article 3 The public security organs shall be responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorates shall be responsible for procuratorial work, approval of arrest, investigation of cases directly accepted by procuratorial organs, and initiation of public prosecution. Trial by the people's court. Except as specifically provided by law, no other organ, body or individual has the right to exercise these powers.
In conducting criminal proceedings, the people's courts, the people's procuratorates and the public security organs must strictly abide by this Law and the relevant provisions of other laws.
Article 4 The State security organs shall, in accordance with the provisions of the law, handle criminal cases endangering State security and exercise the same functions and powers as the public security organs.
Article 5 The people's courts shall exercise judicial power independently in accordance with the provisions of the law, and the people's procuratorates shall exercise procuratorial power independently in accordance with the provisions of the law, and shall be free from interference by any administrative organ, public organization or individual.
Article 6 In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organs must rely on the masses, base themselves on facts and take the law as the criterion. All citizens are equal in the application of the law and no privileges are allowed before the law.
Article 7 In conducting criminal proceedings, the people's courts, the people's procuratorates and the public security organs shall divide their responsibilities, cooperate with each other and check each other to ensure the accurate and effective enforcement of the law.
Article 8 The people's procuratorates shall exercise legal supervision over criminal proceedings in accordance with the law.
Article 9 Citizens of all nationalities shall have the right to use their own spoken and written languages in court proceedings. The people's courts, people's procuratorates and public security organs shall provide translations for participants in the proceedings who are not familiar with the spoken and written languages commonly used in the locality.
In areas where ethnic minorities live in concentrated communities or where many ethnic groups live together, interrogations shall be conducted in the language commonly used in the locality, and judgments, notices and other documents shall be issued in the language commonly used in the locality.
Article 10 In trying cases, the people's courts shall adopt the system of second instance being final.
Article 11 All cases tried by the people's courts shall be conducted in public, except as otherwise provided for in this Law. The defendant has the right to defense, and the people's court has the obligation to ensure that the defendant is defended.
Article 12 No one shall be found guilty without being judged by a people's court according to law.
Article 13 In trying cases, the people's courts shall apply the system of people's assessors in accordance with this Law.
Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other procedural rights enjoyed by criminal suspects, defendants and other participants in proceedings in accordance with the law.
A participant in the proceedings shall have the right to lodge a complaint against any infringement of a citizen's litigation rights or personal insult by judges, prosecutors and investigators.
Article 15 If a criminal suspect or defendant voluntarily and truthfully confesses his crime, admits the facts of the crime charged, and is willing to accept punishment, he may be dealt with leniency in accordance with the law.
Article 16 Under any of the following circumstances, no criminal responsibility shall be investigated, and if an investigation has already been made, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or innocence shall be declared:
(I) the circumstances are obviously minor and the harm is not serious, it is not considered a crime;
If the limitation period for prosecution has expired for a (II) crime;
The (III) is exempted from punishment by an amnesty decree;
(IV) in accordanceCriminal LawA crime that is dealt with only after telling, and where the telling is not told or withdrawn;
(V) the death of a criminal suspect or defendant;
(VI) other laws provide for exemption from investigation of criminal responsibility.
Article 17 The provisions of this Law shall apply to foreigners who are subject to criminal liability for their crimes.
If a foreigner who enjoys diplomatic privileges and immunities commits a crime and should be investigated for criminal responsibility, the matter shall be resolved through diplomatic channels.
Article 18 In accordance with international treaties concluded or acceded to by the the People's Republic of China or in accordance with the principle of reciprocity, the judicial organs of China and foreign countries may request judicial assistance from each other in criminal matters.
 
Chapter II Jurisdiction
Article 19
The investigation of criminal cases shall be conducted by the public security organs, except as otherwise provided by law.
In the course of legal supervision over litigation activities, the people's procuratorates may file a case for investigation by the people's procuratorates for crimes that infringe upon the rights of citizens and impair judicial justice, such as illegal detention, extortion of confessions by torture, and illegal searches committed by judicial personnel by taking advantage of their functions and powers. When major criminal cases committed by functionaries of state organs under the jurisdiction of public security organs by taking advantage of their functions and powers need to be directly accepted by the people's procuratorates, they may, upon the decision of the people's procuratorates at or above the provincial level, file a case for investigation by the people's procuratorates.
Cases of private prosecution shall be directly accepted by the people's court.
Article 20 The basic people's courts shall have jurisdiction as courts of first instance over ordinary criminal cases, except for those under the jurisdiction of the people's courts at higher levels in accordance with this Law.
Article 21 The intermediate people's courts shall have jurisdiction as courts of first instance over the following criminal cases:
(I) cases of endangering national security and terrorist activities;
(II) may be sentenced to life imprisonment, the death penalty cases.
Article 22 The higher people's courts shall have jurisdiction as courts of first instance over major criminal cases of a province-wide (autonomous region or municipality directly under the Central Government) nature.
Article 23 The Supreme People's Court shall have jurisdiction as the court of first instance over major criminal cases of the whole nation.
Article 24 A people's court at a higher level may, when necessary, try criminal cases over which a people's court at a lower level has jurisdiction as a court of first instance; a people's court at a lower level may request that a criminal case of first instance be transferred to a people's court at a higher level for trial if it considers that the circumstances of the case are major and complex and require trial by a people's court at a higher level.
Article 25 A criminal case shall be under the jurisdiction of the people's court in the place where the crime was committed. If it is more appropriate to be tried by the people's court in the place where the defendant resides, the case may be under the jurisdiction of the people's court in the place where the defendant resides.
Article 26 A case over which several people's courts at the same level have jurisdiction shall be tried by the people's court that first accepted it. When necessary, they may be transferred for trial to the people's court in the place where the main crime was committed.
Article 27 A people's court at a higher level may designate a people's court at a lower level to try a case over which jurisdiction is unclear, and may also designate a people's court at a lower level to transfer the case to another people's court for trial.
Article 28 The jurisdiction of the special people's courts over cases shall be stipulated separately.
 
Chapter III Avoidance
Article 29
Judges, procurators and investigators shall withdraw themselves under any of the following circumstances, and the parties and their legal representatives shall also have the right to request them to withdraw:
The (I) is a party to the case or a close relative of a party;
The (II) himself or his close relatives have an interest in the case;
(III) has served as a witness, expert witness, defender or agent ad litem in the case;
The (IV) has other relations with the parties to the case, which may affect the fair handling of the case.
Article 30 Judges, procurators and investigators shall not accept invitations or gifts from the parties or persons entrusted by them, and shall not meet with the parties or persons entrusted by them in violation of regulations.
Judgers, procurators and investigators who violate the provisions of the preceding paragraph shall be investigated for legal responsibility in accordance with the law. The parties and their legal representatives have the right to request their recusal.
Article 31 The withdrawal of judges, prosecutors and investigators shall be decided by the president of the court, the chief procurator and the person in charge of the public security organ respectively; the withdrawal of the president shall be decided by the judicial committee of the court; the withdrawal of the chief procurator and the person in charge of the public security organ shall be decided by the procuratorial committee of the people's procuratorate at the same level.
The investigator may not stop the investigation of the case before a decision is made on the investigator's withdrawal.
The parties and their legal representatives may apply for reconsideration once for the decision to reject the application for withdrawal.
Article 32 The provisions of this chapter on withdrawal shall apply to court clerks, interpreters and expert witnesses.
Defenders and agents ad litem may request withdrawal or apply for reconsideration in accordance with the provisions of this chapter.
 
Chapter IV Defense and Representation
Article 33
In addition to exercising the right to defend themselves, a criminal suspect or defendant may entrust one or two persons to act as defenders. The following persons may be appointed as defenders:
(I) lawyers;
A person recommend by a (II) people's organization or the unit to which the criminal suspect or defendant belongs;
(III) guardians, relatives and friends of criminal suspects and defendants.
A person whose criminal punishment is being executed or whose personal freedom is deprived or restricted according to law may not serve as a defender.
A person who has been expelled from public office or whose lawyer or notary's practice certificate has been revoked shall not serve as a defender, except for those who are guardians or close relatives of criminal suspects or defendants.
Article 34 A criminal suspect shall have the right to appoint a defender from the day when he is first interrogated by an investigative organ or when compulsory measures are taken; during the period of investigation, only a lawyer may be appointed as a defender. The accused has the right to appoint a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against a criminal suspect, the investigative organ shall inform the criminal suspect that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant that he has the right to appoint a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey the request.
If a criminal suspect or defendant is in custody, his guardian or close relative may also appoint a defender on his behalf.
After accepting the entrustment of the criminal suspect or defendant, the defender shall promptly inform the organ handling the case.
Article 35 If a criminal suspect or defendant has not entrusted a defender due to financial difficulties or other reasons, he or she and his close relatives may apply to a legal aid institution. For those who meet the conditions for legal aid, the legal aid institution shall appoint a lawyer to provide defense for them.
If a criminal suspect or defendant is blind, deaf, or mute, or a mental patient who has not completely lost the ability to recognize or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid agency to appoint a lawyer to provide defense.
If a criminal suspect or defendant may be sentenced to life imprisonment or death, and no defender is entrusted, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to provide defense for him.
Article 36 Legal aid institutions may send lawyers on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender, and the legal aid institution does not appoint a lawyer to provide defense for him, the lawyer on duty shall provide legal advice, procedure selection suggestions, application for change of compulsory measures, and opinions on the handling of the case.
The people's court, the people's procuratorate, and the detention center shall inform the criminal suspect and the defendant of the right to make an appointment with the duty lawyer, and provide convenience for the criminal suspect and the defendant to make an appointment with the duty lawyer.
Article 37 The responsibility of a defender shall, in accordance with the facts and the law, put forward materials and opinions on the innocence or misdemeanour of the criminal suspect or defendant, or on the mitigation or exemption of his criminal responsibility, so as to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 38 A defense lawyer may, during the period of investigation, provide legal assistance to a criminal suspect; represent a person in appealing or accusing a criminal suspect; apply for a change in compulsory measures; and seek advice from the investigating organ on the charges with which the criminal suspect is suspected and on the circumstances of the case.
Article 39 Defense lawyers may meet and correspond with criminal suspects and defendants in custody. With the permission of the people's court or the people's procuratorate, other defenders may also meet and correspond with the criminal suspect or defendant in custody.
If a defense lawyer requests to meet with a criminal suspect or defendant in custody with a lawyer's practice certificate, a certificate from a law firm, a power of attorney, or an official letter of legal aid, the detention center shall arrange the meeting in a timely manner, no later than 48 hours.
In the case of crimes endangering national security or terrorist activities, during the investigation period, the defense lawyer shall meet with the criminal suspect in custody with the permission of the investigation organ. The investigation organ shall notify the detention center in advance of the above-mentioned cases.
Defense lawyers meet with criminal suspects and defendants in custody, can learn about the case, provide legal advice, etc.; from the date when the case is transferred for review and prosecution, they can verify relevant evidence from the criminal suspects and defendants. Defense lawyers are not monitored when they meet with suspects and defendants.
The provisions of paragraphs 1, 3 and 4 shall apply to the meeting and correspondence between the defense lawyer and the criminal suspect or defendant under residential surveillance.
Article 40 A defense lawyer may consult, extract or duplicate the case files and materials of the case from the date of the People's Procuratorate's examination and prosecution of the case. Other defenders may, with the permission of the people's court or the people's procuratorate, consult, extract or duplicate the above-mentioned materials.
Article 41 If a defender considers that the evidence collected by the public security organ or the people's procuratorate during the period of investigation, examination and prosecution that proves the innocence or misdemeanour of the criminal suspect or defendant has not been submitted, he shall have the right to apply to the people's procuratorate or the people's court for access.
Article 42 The defender shall promptly inform the public security organ and the People's Procuratorate of the evidence collected by the criminal suspect who is not at the scene of the crime, has not reached the age of criminal responsibility, and is a mental patient who is not liable for criminal responsibility according to law.
Article 43 Defense lawyers may, with the consent of the witnesses or other units or individuals concerned, collect materials related to the case from them, and may also apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify the witnesses to testify in court.
With the permission of the people's procuratorate or the people's court and with the consent of the victim or his near relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
Article 44 A defender or any other person shall not help a criminal suspect or defendant conceal, destroy or falsify evidence or collude in confessions, and shall not threaten or induce witnesses to give false testimony or engage in other acts that interfere with the litigation activities of the judicial organs.
Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law, and if the defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ that handled the case handled by the defender. If the defender is a lawyer, he shall promptly notify the law firm to which he belongs or the lawyers association to which he belongs.
Article 45 During the course of a trial, a defendant may refuse to have his defender continue to defend him, or may entrust another defender with his defense.
Article 46 A victim in a case of public prosecution and his legal representatives or close relatives, and a party to an incidental civil action and his legal representatives shall have the right to entrust agents ad litem from the date on which the case is transferred for examination and prosecution. The private prosecutor and his legal representative in a private prosecution case, the party to an incidental civil action and his legal representative shall have the right to entrust an agent ad litem at any time.
Within three days from the date of receipt of the case materials transferred for examination and prosecution, the people's procuratorate shall inform the victim and his legal representative or his close relatives, and the parties to the incidental civil action and their legal representatives that they have the right to entrust agents ad litem. The people's court shall, within three days from the date of accepting the case of private prosecution, inform the private prosecutor and his legal representative, and the parties to the incidental civil action and their legal representatives of the right to entrust agents ad litem.
Article 47 The entrustment of an agent ad litem shall be conducted with reference to the provisions of Article 33 of this Law.
Article 48 A defense lawyer shall have the right to keep confidential the relevant circumstances and information of the client that he comes to know in his practice activities. However, if a defense lawyer knows that a client or other person is preparing or is committing a crime that endangers national security, public security, or seriously endangers the personal safety of others, he shall promptly inform the judicial organ.
Article 49 If a defender or agent ad litem considers that a public security organ, a people's procuratorate, a people's court or its staff members obstruct him from exercising his litigation rights according to law, he shall have the right to appeal or make a complaint to the people's procuratorate at the same level or at the next higher level. The people's procuratorate shall promptly examine the complaint or complaint and, if the situation is true, notify the relevant authorities to correct it.
 
Chapter V Evidence
Article 50
The materials that can be used to prove the facts of the case are all evidence.
The evidence includes:
(I) physical evidence;
(II) documentary evidence;
(III) witness testimony;
(IV) victim statements;
(V) confessions and excuses of criminal suspects and defendants;
(VI) appraisal opinions;
Records of (VII) inquests, inspections, identifications and investigative experiments;
(VIII) audio-visual materials and electronic data.
Evidence must be verified before it can be used as a basis for a decision.
Article 51 The burden of proof of the guilt of the defendant in a case of public prosecution shall be borne by the People's Procuratorate, and the burden of proof of the guilt of the defendant in a case of private prosecution shall be borne by the private prosecutor.
Article 52 Judges, procurators and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of a criminal suspect or defendant and the seriousness of the crime. Extortion of confessions by torture and the collection of evidence by threats, inducements, deception and other illegal methods are strictly prohibited, and no one may be forced to prove his or her guilt. It must be ensured that all citizens who are related to the case or who have knowledge of the circumstances of the case have the conditions to objectively and fully provide evidence, and that, except in special circumstances, they may be recruited to assist in the investigation.
Article 53 A public security organ's request for approval of an arrest, a people's procuratorate's indictment or a people's court's judgment must be faithful to the facts. Whoever intentionally conceals the truth shall be investigated for responsibility.
Article 54 The people's courts, the people's procuratorates and the public security organs shall have the right to collect and obtain evidence from relevant units and individuals. Relevant units and individuals shall truthfully provide evidence.
Material evidence, documentary evidence, audio-visual materials, electronic data and other evidentiary materials collected by administrative organs in the process of administrative law enforcement and investigation and handling of cases may be used as evidence in criminal proceedings.
Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential.
Whoever falsifies evidence, conceals evidence or destroys evidence, regardless of where he belongs, must be investigated by law.
Article 55 In the sentencing of all cases, emphasis shall be placed on evidence, on investigation and study, and on not credulous confessions. If only the confession of the defendant and there is no other evidence, the defendant cannot be found guilty and punished; if there is no confession of the defendant and the evidence is true and sufficient, the defendant can be found guilty and punished.
Evidence is true and sufficient, and the following conditions shall be met:
(I) the facts of conviction and sentencing have evidence to prove;
(II) the evidence on which the verdict is based has been verified by legal procedures;
(III) the evidence of the whole case is consolidated and the facts found have been beyond reasonable doubt.
Article 56 Confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, and testimony of witnesses and statements of victims collected by illegal methods such as violence and threats shall be excluded. If the collection of material evidence or documentary evidence does not conform to the legal procedures and may seriously affect judicial justice, it shall be supplemented or a reasonable explanation shall be made; if it cannot be supplemented or a reasonable explanation can be made, the evidence shall be excluded.
If evidence that should be excluded is found in the course of investigation, examination, prosecution or trial, it shall be excluded in accordance with the law and shall not be used as the basis for prosecution opinions, prosecution decisions or judgments.
Article 57 Where a people's procuratorate receives a report, accusation or tip-off or discovers that investigators have collected evidence by illegal means, it shall conduct investigation and verification. If evidence is collected by illegal means, corrective opinions shall be put forward; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 58 In the course of a court trial, if a judge believes that there may be circumstances in which evidence is collected by illegal methods as provided for in Article 56 of this Law, he shall conduct a court investigation into the legality of the evidence collection.
The parties, their defenders and agents ad litem shall have the right to apply to the people's court for the exclusion of evidence collected by illegal means in accordance with the law. Those who apply for the exclusion of evidence collected by illegal methods shall provide relevant clues or materials.
Article 59: In the course of a court investigation of the legality of evidence collection, the People's Procuratorate shall prove the legality of evidence collection.
If the existing evidence materials cannot prove the legality of evidence collection, the people's procuratorate may request the people's court to notify the relevant investigators or other personnel to appear in court to explain the situation; the people's court may notify the relevant investigators or other personnel to appear in court to explain the situation. Relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the people's court, the person concerned shall appear in court.
Article 60 If, after a court hearing, it is confirmed or cannot be ruled out that there are circumstances in which evidence was collected by illegal means as provided for in Article 56 of this Law, the relevant evidence shall be excluded.
Article 61 The testimony of a witness must be cross-examined and verified by the public prosecutor, the victim, the defendant and the defender in court before it can be used as a basis for deciding a case. When the court finds out that a witness intentionally gave false testimony or concealed criminal evidence, it shall deal with it according to law.
Article 62 All those who have knowledge of a case shall have the obligation to testify.
A person who is physically or mentally defective or young, unable to distinguish right from wrong, or unable to express correctly, cannot be a witness.
Article 63 The people's courts, the people's procuratorates and the public security organs shall ensure the safety of witnesses and their near relatives.
Those who threaten, insult, beat or retaliate against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; if it is not enough for criminal punishment, they shall be punished by public security administration according to law.
Article 64: With regard to crimes that endanger national security, crimes of terrorist activities, organized crimes of a triad nature, drug crimes, etc., where witnesses, experts, or victims testify in litigation, and the personal safety of themselves or their close relatives is in danger, the people The court, the people's procuratorate, and the public security organ shall take one or more of the following protective measures:
(I) does not disclose personal information such as real name, address and work unit;
(II) take measures such as not exposing appearance and true voice to testify in court;
(III) prohibit specific persons from contacting witnesses, experts, victims and their close relatives;
(IV) take special protective measures for persons and residences;
(V) other necessary protective measures.
If a witness, expert witness or victim believes that the personal safety of himself or his near relatives is in danger because of his testimony in the proceedings, he or she may request protection from the people's court, the people's procuratorate or the public security organ.
Where people's courts, people's procuratorates and public security organs take protective measures in accordance with the law, relevant units and individuals shall cooperate.
Article 65 Subsidies shall be given to witnesses for expenses incurred for transportation, accommodation, meals and other expenses incurred by them in fulfilling their obligation to testify. Subsidies for the testimony of witnesses are included in the operational funds of judicial organs and are guaranteed by the government finance at the same level.
If a witness from a work unit testifies, the unit to which he belongs shall not deduct or disguise his wages, bonuses and other benefits.
 
Chapter VI Compulsory Measures
Article 66
The people's courts, people's procuratorates and public security organs may, in accordance with the circumstances of the case, summon the criminal suspect or defendant by arrest, release him on bail pending trial or place him under residential surveillance.
Article 67 A people's court, a people's procuratorate or a public security organ may release a criminal suspect or defendant on bail pending trial under any of the following circumstances:
(I) may be sentenced to public surveillance, criminal detention or separate application of supplementary punishment;
(II) may be sentenced to fixed-term imprisonment or more, and obtaining a guarantor pending trial will not cause social danger;
(III) a woman who suffers from a serious illness, is unable to take care of herself, is pregnant or is breast-feeding her own baby, and the act of obtaining a guarantor pending trial does not cause social danger;
(IV) the period of custody expires, the case has not been completed and it is necessary to take bail pending trial.
The bail pending trial shall be executed by the public security organ.
Article 68 When a people's court, a people's procuratorate or a public security organ decides to release a criminal suspect or defendant on bail pending trial, it shall order the criminal suspect or defendant to provide a guarantor or pay a bond.
Article 69 A guarantor must meet the following conditions:
The (I) is not implicated in the case;
the ability of the (II) to meet its guarantee obligations;
(III) enjoy political rights and personal freedom is not restricted;
(IV) have a fixed residence and income.
Article 70 A guarantor shall perform the following obligations:
(I) supervise the guaranteed person to observe the provisions of Article 71 of this Law;
If the (II) discovers that the guarantor may commit or has committed acts in violation of the provisions of Article 71 of this Law, it shall promptly report to the executing organ.
If the guarantor violates the provisions of Article 71 of this Law, and the guarantor fails to perform the obligation of guarantee, the guarantor shall be fined, and if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 71 A criminal suspect or defendant who is released on bail pending trial shall abide by the following provisions:
(I) shall not leave the city or county where they live without the approval of the executing organ;
If there is a change in the (II)'s address, work unit and contact information, it shall be reported to the executive organ within 24 hours;
(III) be present in time for arraignment;
The (IV) shall not interfere in any way with the testimony of the witness;
(V) shall not destroy or falsify evidence or collude in confessions.
The people's court, the people's procuratorate and the public security organ may, according to the circumstances of the case, order the criminal suspect or defendant who is released on bail pending trial to abide by one or more of the following provisions:
(I) are not allowed to enter specific places;
(II) shall not meet or communicate with specific personnel;
(III) must not engage in specific activities;
Passports and other entry and exit documents and driving certificates shall (IV) be submitted to the enforcement organ for preservation.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has already paid the security deposit, part or all of the security deposit shall be confiscated, and the criminal suspect or defendant shall be ordered to repent, pay the security deposit again, submit a guarantor, or place himself under residential surveillance or arrest.
For those who violate the provisions on obtaining a guarantor pending trial and need to be arrested, the criminal suspect or defendant may be detained first.
Article 72 The decision-making organ on bail pending trial shall comprehensively consider the need to ensure the normal conduct of litigation activities, the social danger of the person on bail pending trial, the nature and circumstances of the case, the severity of the possible penalty, the economic situation of the person on bail, etc., and determine the amount of the security deposit.
The person providing the security deposit shall deposit the security deposit into a special account in a bank designated by the executing authority.
Article 73 If a criminal suspect or defendant does not violate the provisions of Article 71 of this Law during the period of obtaining a guarantor pending trial, he shall, at the end of the period of obtaining a guarantor pending trial, collect the refunded deposit from the bank on the basis of the notice of lifting the guarantor pending trial or the relevant legal documents.
Article 74 A people's court, a people's procuratorate and a public security organ may place under residential surveillance a criminal suspect or defendant who meets the conditions for arrest and is under any of the following circumstances:
(I) suffering from serious diseases and unable to take care of themselves;
(II) women who are pregnant or breastfeeding their own babies;
The (III) is the sole dependant of those who cannot take care of themselves;
(IV) because of the special circumstances of the case or the need to handle the case, it is more appropriate to take residential surveillance measures;
(V) the period of custody expires, the case has not been completed and residential surveillance measures are required.
If the conditions for obtaining a guarantor pending trial are met, but the criminal suspect or defendant cannot provide a guarantor and does not pay the deposit, he can live under surveillance.
Residential surveillance shall be carried out by public security organs.
Article 75 Residential surveillance shall be carried out at the residence of the criminal suspect or defendant; if there is no fixed residence, it may be carried out at the designated residence. For suspected crimes of endangering national security or terrorist activities, if the execution at the residence may hinder the investigation, it may also be executed at the designated residence with the approval of the public security organ at the next higher level. However, it may not be executed in places of detention or special case-handling facilities.
In the case of designated residential surveillance, the family members of the person under residential surveillance shall be notified within 24 hours after the execution of residential surveillance, except where notification is not possible.
If a criminal suspect or defendant under residential surveillance entrusts a defender, the provisions of Article 34 of this Law shall apply.
The people's procuratorates shall exercise supervision over the lawfulness of the decisions and enforcement of residential surveillance at designated residences.
Article 76 The term of residential surveillance in a designated place of residence shall be used as a credit for the term of imprisonment. For those sentenced to public surveillance, one day of residential surveillance shall be used as one day of prison term; for those sentenced to criminal detention or fixed-term imprisonment, two days of residential surveillance shall be used as one day of prison term.
Article 77 A criminal suspect or defendant under residential surveillance shall abide by the following provisions:
(I) shall not leave the premises under residential surveillance without the approval of the executing organ;
(II) shall not meet with others or communicate with others without the approval of the executing organ;
(III) be present in time for arraignment;
The (IV) shall not interfere in any way with the testimony of the witness;
(V) shall not destroy or falsify evidence or collude in confessions;
Passports and other entry and exit documents, identity documents and driving certificates shall (VI) be submitted to the executive organ for preservation.
If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and the circumstances are serious, he may be arrested; if he needs to be arrested, the criminal suspect or defendant may be detained first.
Article 78 The enforcement agency may adopt electronic monitoring, irregular inspection and other surveillance methods to supervise the compliance with the residential surveillance regulations of the criminal suspect or defendant under residential surveillance; during the investigation, it may monitor the communication of the criminal suspect under residential surveillance.
Article 79 The people's courts, people's procuratorates and public security organs shall not release a criminal suspect or defendant on bail pending trial for more than twelve months, or place him under residential surveillance for more than six months.
During the period of obtaining a guarantor pending trial or residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the period of release on bail pending trial or residential surveillance has expired, the release on bail pending trial or residential surveillance shall be promptly lifted. To release the guarantor pending trial or residential surveillance, the person to be released on bail pending trial or residential surveillance and the relevant units shall be notified in a timely manner.
Article 80 The arrest of a criminal suspect or defendant must be approved by a people's procuratorate or decided by a people's court, and shall be executed by a public security organ.
Article 81 A criminal suspect or defendant who has evidence to prove the facts of a crime and may be sentenced to imprisonment or more shall be arrested if obtaining a guarantor pending trial is not enough to prevent the following social dangers:
(I) may commit a new crime;
(II) there is an actual danger of endangering national security, public security or social order;
(III) may destroy or falsify evidence, interfere with a witness's testimony or collude with his testimony;
The (IV) may retaliate against the victim, informant or accuser;
(V) attempted suicide or escape.
When approving or deciding to arrest, the nature and circumstances of the suspected crime of the criminal suspect or defendant, and the circumstances such as confession and punishment shall be taken as factors to consider whether social danger may occur.
Those who have evidence to prove the facts of a crime may be sentenced to fixed-term imprisonment of not less than 10 years, or those who have evidence to prove the facts of a crime may be sentenced to imprisonment or more, and those who have committed a crime intentionally or whose identity is unknown shall be arrested.
If a criminal suspect or defendant who is released on bail pending trial or under residential surveillance violates the provisions on release on bail pending trial or residential surveillance and the circumstances are serious, he may be arrested.
Article 82: Public security organs may first detain active offenders or major suspects under any of the following circumstances:
(I) is preparing to commit a crime, committing a crime or being discovered immediately after committing a crime;
(II) the victim or a person who saw him with his own eyes to identify him as a criminal;
If evidence of a crime is found in the person or residence of the (III);
Attempts to commit suicide, escape or is at large after (IV) a crime;
(V) the possibility of destroying or falsifying evidence or colluding with confessions;
The (VI) does not give his real name and address, and his identity is unknown;
(VII) those who are suspected of committing crimes on the run, committing crimes many times, or committing crimes in groups.
Article 83 when a public security organ carries out detention or arrest in a different place, it shall notify the public security organ in the place where the detained or arrested person is located, and the public security organ in the place where the detained or arrested person is located shall cooperate.
Article 84 Any citizen may immediately transfer a person to a public security organ, a people's procuratorate or a people's court for handling under any of the following circumstances:
(I) is committing a crime or is discovered immediately after committing a crime;
Wanted by the (II);
(III) escape from prison;
(IV) are being hunted.
Article 85 When detaining a person, a public security organ must produce a detention warrant.
Immediately after detention, the detainee shall be sent to a detention center for custody no later than 24 hours. Except in cases where notification is impossible or where notification of a suspected crime of endangering national security or a crime of terrorist activity may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Article 86 The public security organ shall interrogate a detained person within 24 hours after detention. When it is found that detention should not be warranted, it must be released immediately and a release certificate issued.
Article 87 When a public security organ requests the arrest of a criminal suspect, it shall write a letter of request for approval of the arrest, together with the case file materials and evidence, and transfer it to the people's procuratorate at the same level for examination and approval. When necessary, the People's Procuratorate may send persons to participate in the discussion of major cases by the public security organs.
Article 88 A people's procuratorate may interrogate a criminal suspect after examining and approving an arrest; a criminal suspect shall be interrogated under any of the following circumstances:
The (I) has doubts about whether it meets the conditions for arrest;
(II) criminal suspect requests to make a statement to the procurator in person;
(III) investigative activities may involve major violations of the law.
When examining and approving an arrest, the People's Procuratorate may question witnesses and other participants in the proceedings and listen to the opinions of the defense lawyer; if the defense lawyer requests it, it shall listen to the opinions of the defense lawyer.
Article 89 The examination and approval of the arrest of a criminal suspect by a People's Procuratorate shall be decided by the chief procurator. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 90 After the People's Procuratorate has examined the case submitted by the public security organ for approval of arrest, it shall, depending on the circumstances, make a decision on approval or disapproval of arrest. The public security organ shall immediately execute the decision approving the arrest and promptly notify the people's procuratorate of the implementation. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is necessary, it shall notify the public security organ at the same time.
Article 91 If the public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit the matter to the People's Procuratorate for examination and approval. Under special circumstances, the time for submitting for review and approval may be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times, or commit crimes in groups, the time for review and approval can be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the letter of approval of arrest submitted by the public security organ, make a decision to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notification, and shall promptly notify the people's procuratorate of the execution. For those who need to continue investigation and meet the conditions for obtaining a guarantor pending trial or residential surveillance, they shall be obtained on bail pending trial or residential surveillance in accordance with the law.
Article 92 If the public security organ considers that the decision of the People's Procuratorate not to approve the arrest is wrong, it may request a reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may be submitted to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review the decision and notify the people's procuratorate at a lower level and the public security organ for enforcement.
Article 93 When arresting a person, a public security organ must produce an arrest warrant.
Upon arrest, the arrested person shall be immediately sent to a detention center for custody. Unless it is impossible to notify, the family members of the arrested person shall be notified within 24 hours after the arrest.
Article 94 A people's court or a people's procuratorate must interrogate a person whom they have decided to arrest, and a public security organ must interrogate a person whose arrest has been approved by a people's procuratorate within 24 hours after the arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate must be issued.
Article 95 After a criminal suspect or defendant is arrested, the People's Procuratorate shall still examine the necessity of custody. If there is no need to continue to be detained, it shall be recommended to be released or the compulsory measures shall be changed. The relevant authorities shall notify the people's procuratorate of the handling of the matter within ten days.
Article 96 If the people's courts, people's procuratorates and public security organs find that compulsory measures taken against criminal suspects or defendants are improper, they shall promptly revoke or change them. If the public security organ releases the arrested person or changes the measures of arrest, it shall notify the people's procuratorate that originally approved it.
Article 97 A criminal suspect, defendant and his legal representative, close relative or defender shall have the right to apply for the change of compulsory measures. After receiving the application, the people's court, the people's procuratorate and the public security organ shall make a decision within three days; if they do not agree to change the compulsory measures, they shall inform the applicant and explain the reasons for disagreement.
Article 98 If a case in which a criminal suspect or defendant is in custody cannot be completed within the time limit for investigation and custody, examination and prosecution, first instance, or second instance stipulated in this Law, the criminal suspect or defendant shall be released; if it is necessary to continue investigation and trial, the criminal suspect or defendant may be released on bail pending trial or under residential surveillance.
Article 99 A people's court, a people's procuratorate or a public security organ shall release a criminal suspect or defendant whose legal time limit for compulsory measures has expired, release him from bail pending trial, conduct residential surveillance or change the compulsory measures according to law. A criminal suspect, defendant and his legal representative, close relatives or defender shall have the right to request the lifting of the compulsory measures taken by the people's court, the people's procuratorate or the public security organ at the expiration of the statutory time limit for the compulsory measures.
Article 100 In the course of examining and approving an arrest, if the people's procuratorate finds that the investigation activities of the public security organ have violated the law, it shall notify the public security organ to correct it, and the public security organ shall notify the people's procuratorate of the correction.
 
Chapter VII Incidental Civil Actions
Article 101
If the victim has suffered material losses as a result of the defendant's criminal act, he shall have the right to file an incidental civil action in the course of criminal proceedings. In the event of the death or incapacity of the victim, the legal representative and close relatives of the victim shall have the right to bring an incidental civil action.
If state property or collective property suffers losses, the people's procuratorate may file an incidental civil action when initiating a public prosecution.
Article 102 When necessary, the people's court may take protective measures to seal up, distrain or freeze the property of the defendant. The plaintiff in an incidental civil action or the people's procuratorate may apply to the people's court for taking protective measures. Preservation measures taken by the people's court shall be applied.civil procedure lawthe relevant provisions.
Article 103 When trying a case of incidental civil action, the people's court may conduct mediation or make a judgment or order in the light of the circumstances of the material losses.
Article 104 An incidental civil action shall be tried together with the criminal case, and only in order to prevent excessive delay in the trial of the criminal case may the same judicial organization continue to hear the incidental civil action after the trial of the criminal case.
 
Chapter VIII Period, Service
Article 105
Period is calculated by hour, day and month.
The hour and day at the beginning of the period are not counted as within the period.
The statutory period does not include time on the road. If the appeal or other documents have been mailed before the expiration of the term, they shall not be considered overdue.
If the last day of the period falls on a holiday, the first day after the holiday shall be regarded as the expiration date, but the period during which the criminal suspect, defendant or criminal is in custody shall end on the expiration date and shall not be extended due to the holiday.
Article 106 If a party delays the time limit due to irresistible reasons or for other justifiable reasons, he may, within five days after the obstacle is removed, apply for the continuation of litigation activities that should have been completed before the expiration of the time limit.
Whether the application mentioned in the preceding paragraph is approved or not shall be decided by the people's court.
Article 107 Summons, notices and other litigation documents shall be delivered to the recipient himself; if he is absent, he may be delivered to his adult family members or the responsible personnel of the unit to which he belongs.
When the recipient himself or the recipient refuses to accept or refuses to sign or seal, the person serving the document may invite his neighbor or other witnesses to be present, explain the situation, leave the document at his residence, state the reason for the refusal and the date of service on the certificate of service, and be signed by the person serving the document, which shall be deemed to have been served.
 
Chapter IX Other Provisions
Article 108
The meanings of the following terms in this Law are:
(I) "investigation" refers to the work of public security organs and people's procuratorates in accordance with the law to collect evidence, find out the facts of the case and related compulsory measures in criminal cases;
The (II) "parties" refers to the victim, private prosecutor, criminal suspect, defendant, plaintiff and defendant in incidental civil action;
The (III) "legal representative" refers to the parents, adoptive parents, guardians and representatives of the organs and organizations with the responsibility of protection;
(IV) "litigation participants" refer to the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and translators;
(V) "agent ad litem" refers to the victim and his legal representative or close relatives in a public prosecution case, the person entrusted by the private prosecutor and his legal representative in a private prosecution case to participate in the proceedings on his behalf, and the party in an incidental civil action and his legal representative to participate in the proceedings on his behalf;
The (VI) "close relatives" refers to husband, wife, father, mother, son, daughter, siblings.
 
Part II Case Filing, Investigation and Initiation of Public Prosecution
Chapter I Filing a Case
Article 109
When a public security organ or a people's procuratorate discovers the facts of a crime or a criminal suspect, it shall, in accordance with its jurisdiction, file a case for investigation.
Article 110 Any unit or individual who discovers facts of a crime or a criminal suspect shall have the right and obligation to report the case or report to the public security organ, the People's Procuratorate or the People's Court.
A victim shall have the right to report or file a complaint with a public security organ, a people's procuratorate or a people's court against the facts of the crime or a criminal suspect that infringes upon his or her personal or property rights.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not fall under its jurisdiction, it shall be transferred to the competent authority for handling, and the informant, accuser, and informant shall be notified; if it does not fall under its jurisdiction and emergency measures must be taken, emergency measures shall be taken first, and then transferred to the competent authority.
Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of paragraph 3 shall apply.
Article 111 A report, complaint or report may be made in writing or orally. A staff member who accepts an oral report, accusation or tip-off shall make a written record, which, after being read out and correct, shall be signed or sealed by the informant, complainant or whistleblower.
A staff member who accepts a complaint or report shall explain to the complainant or informant the legal responsibility for the false accusation. However, as long as they do not fabricate facts or falsify evidence, even if there are discrepancies in the facts of the accusation or report, or even if they are wrongly accused, they should be strictly distinguished from false accusations.
Public security organs, people's procuratorates or people's courts shall guarantee the safety of informants, accusers, informants and their close relatives. If the informant, accuser or whistleblower does not want to disclose his name and the act of reporting, accusing or reporting the case, he shall keep the secret for him.
Article 112: The people's court, the people's procuratorate, or the public security organ shall promptly review the materials for reporting, accusing, reporting, and surrendering in accordance with the scope of jurisdiction, and shall file a case when it believes that there are criminal facts that require criminal responsibility; If there are no criminal facts, or the criminal facts are significantly minor, and there is no need to investigate criminal responsibility, the case shall not be filed, and the accuser shall be notified of the reason for not filing. If the complainant is not satisfied, he may apply for reconsideration.
Article 113: Where the People's Procuratorate considers that the public security organ has not filed a case for investigation, or the victim considers that the public security organ has not filed a case for investigation, and submits a request to the People's Procuratorate, the People's Procuratorate shall request The public security organ explains the reasons for not filing the case. If the People's Procuratorate considers that the public security organ's reasons for not filing a case cannot be established, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notice.
Article 114 In a case of private prosecution, the victim shall have the right to bring a suit directly in a people's court. In the event of the death or incapacity of the victim, the legal representatives and close relatives of the victim shall have the right to bring a suit in a people's court. The people's court shall accept the case according to law.
 
Chapter II Investigation
Section 1 General Provisions
Article 115
Public security organs shall investigate criminal cases that have been filed, and collect and obtain evidence that the criminal suspect is guilty or innocent, and that the crime is light or serious. The active offenders or major suspects may be detained in advance in accordance with the law, and the criminal suspects who meet the conditions for arrest shall be arrested in accordance with the law.
Article 116 After investigation, the public security organ shall conduct preliminary hearings on cases where there is evidence to prove the facts of a crime, and verify the evidence collected and retrieved.
Article 117 If the parties, defenders, agents ad litem and interested parties commit any of the following acts against a judicial organ or its staff, they shall have the right to appeal or file a complaint with the organ:
The (I) does not release, lift or change the compulsory measures at the expiration of the statutory time limit;
The (II) shall return the guaranty deposit for obtaining a guarantor pending trial without returning it;
(III) taking measures to seal up, detain or freeze property unrelated to the case;
Where the (IV) should lift the seal-up, detain, freeze but not lift;
(V) embezzling, misappropriating, privately dividing, exchanging, or using seized, seized, or frozen property in violation of regulations.
The organ that accepts the complaint or accusation shall deal with it in a timely manner. If they are not satisfied with the handling of the case, they may appeal to the people's procuratorate at the same level; for cases directly accepted by the people's procuratorate, they may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint and, if the situation is true, notify the relevant authorities to correct it.
 
Section 2 Interrogation of Criminal Suspects
Article 118
Interrogation of criminal suspects must be conducted by the investigators of the people's procuratorates or public security organs. At the time of interrogation, there shall be no less than two investigators.
After a criminal suspect is taken into custody in a detention center, the investigators shall interrogate him in the detention center.
Article 119 A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but a certificate from a People's Procuratorate or a public security organ shall be produced. The criminal suspect found at the scene may be summoned orally upon presentation of his work certificate, but it shall be indicated in the interrogation record.
The duration of the summons or arrest shall not exceed 12 hours; if the circumstances of the case are particularly serious and complex and require measures of detention or arrest, the duration of the summons or arrest shall not exceed 24 hours.
A criminal suspect shall not be detained in disguised form in the form of successive summonses or summonses. When a criminal suspect is summoned or arrested, the criminal suspect shall be guaranteed food and drink and the necessary rest time.
Article 120 When interrogating a criminal suspect, investigators shall first interrogate the criminal suspect whether he has committed a crime, ask him to state the circumstances of his guilt or plea for innocence, and then ask him questions. The criminal suspect shall truthfully answer the investigators' questions. However, we have the right to refuse to answer questions that are not related to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of the litigation rights he enjoys, and truthfully confess that his crime can be dealt with leniency and the legal provisions of confession and punishment.
Article 121 The interrogation of a criminal suspect who is deaf or mute shall be attended by a person who is familiar with deaf or mute gestures, and such circumstances shall be recorded in the record.
Article 122 The transcript of the interrogation shall be submitted to the criminal suspect for verification, and if he is incapable of reading, he shall be read to him. If there are omissions or errors in the records, the criminal suspect may propose additions or corrections. After the criminal suspect admits that the written record contains no errors, he shall sign or seal it. The investigator shall also sign the transcript. If a criminal suspect requests to make his own statement, permission shall be granted. When necessary, investigators may also ask the suspect to write a confession in person.
Article 123 When interrogating a criminal suspect, investigators may make audio or video recordings of the interrogation process; for cases that may be sentenced to life imprisonment or the death penalty or other major crimes, audio or video recordings of the interrogation process shall be made.
The audio or video recording shall be carried out throughout the entire process, maintaining its integrity.
 
Section III Interrogation of Witnesses
Article 124
Investigators may interrogate witnesses on the spot or at the witness's unit, residence or place proposed by the witness. When necessary, they may notify the witness to give testimony at the people's procuratorate or public security organ. When questioning a witness on the spot, he shall produce his work certificate, and when questioning a witness at the unit, residence or place proposed by the witness, he shall produce a certificate issued by the People's Procuratorate or the public security organ.
The questioning of witnesses should be done individually.
Article 125 When a witness is questioned, he shall be informed of the legal responsibility for truthfully providing evidence and testimony and for intentionally giving false testimony or concealing criminal evidence.
Article 126 The provisions of Article 122 of this Law shall also apply to the questioning of witnesses.
Article 127 The provisions of this Section shall apply to inquiries about victims.
 
Section IV Investigation and Inspection
Article 128
The investigators shall conduct an inquest or examination of the places, objects, persons and corpses related to the crime. When necessary, a person with specialized knowledge may be assigned or hired to conduct an inquest or inspection under the auspices of the investigators.
Article 129 All units and individuals shall have the obligation to protect the scene of a crime and immediately notify the public security organ to send an inquest.
Article 130 To carry out an inquest or inspection, investigators must hold a certificate issued by a People's Procuratorate or a public security organ.
Article 131 With respect to a corpse whose cause of death is unknown, the public security organ shall have the right to decide to dissect it and notify the family members of the deceased to be present at the scene.
Article 132 In order to determine certain characteristics, injuries or physiological conditions of the victim or criminal suspect, the person may be examined, fingerprint information may be extracted, and biological samples such as blood and urine may be collected.
If the criminal suspect refuses to be examined, the investigators may make the examination compulsory when they deem it necessary.
Examination of a woman's body shall be carried out by a female staff member or physician.
Article 133 A written record of an inquest or examination shall be made and signed or sealed by the persons participating in the inquest or examination and the witnesses.
Article 134 When the People's Procuratorate examines a case, it may, when it deems it necessary to re-examine or re-examine the inquest or examination conducted by the public security organ, request the public security organ to re-examine or re-examine the case, and may send procuratorial personnel to participate.
Article 135 In order to ascertain the circumstances of the case, when necessary, with the approval of the person in charge of the public security organ, investigative experiments may be conducted.
A record of the investigation experiment shall be made and signed or sealed by the participants.
Investigative experiments prohibit all acts that are dangerous, humiliating or immoral.
 
Section 5 Search
Article 136
In order to collect criminal evidence and find the offender, the investigators may search the body, objects, residence and other relevant places of the criminal suspect and the person who may hide the criminal or criminal evidence.
Article 137 Any unit or individual shall, in accordance with the requirements of the People's Procuratorate and the public security organ, be obliged to hand over material evidence, documentary evidence, audio-visual materials and other evidence that can prove the guilt or innocence of a criminal suspect.
Article 138 When a search is to be conducted, a search warrant must be produced to the person being searched.
In the course of arrest or detention, in case of emergency, a search may be carried out without a search warrant.
Article 139 During a search, the person to be searched or his family members, neighbors or other witnesses shall be present.
Searches of women's bodies shall be carried out by female staff members.
Article 140 A record shall be made of the circumstances of the search, which shall be signed or sealed by the investigators and the person searched or his family members, neighbors or other witnesses. If the person searched or his family is at large or refuses to sign or affix their seal, it shall be noted on the record.
 
Section 6 Seizure and Seizure of Material and documentary evidence
Article 141
All kinds of property and documents found in the course of investigation that can be used to prove the guilt or innocence of a criminal suspect shall be sealed up and detained; property and documents unrelated to the case shall not be sealed up or detained.
The property and documents seized or detained shall be properly kept or sealed up, and shall not be used, exchanged or damaged.
Article 142 The seized or seized property and documents shall be checked together with the witnesses present and the holders of the seized or seized property and documents, and the list shall be made in two copies on the spot, signed or sealed by the investigators, witnesses and the holder, one copy shall be given to the holder and the other copy shall be attached for future reference.
Article 143 When the investigators consider it necessary to seize the mail or telegrams of a criminal suspect, they may, with the approval of the public security organ or the People's Procuratorate, notify the post and telecommunications organ to submit the relevant mail or telegram for inspection and seizure.
When there is no need to continue the seizure, the post and telecommunications authorities shall be notified immediately.
Article 144 The People's Procuratorates and public security organs may, in accordance with regulations, inquire into and freeze the deposits, remittances, bonds, stocks, fund shares and other property of a criminal suspect in accordance with the needs of the investigation of a crime. Relevant units and individuals shall cooperate.
Where the deposits, remittances, bonds, stocks, fund shares and other property of a criminal suspect have been frozen, they shall not be frozen repeatedly.
Article 145 If the property, documents, mails, telegrams, or frozen deposits, remittances, bonds, stocks, fund shares and other property that have been sealed up or detained are found to be truly irrelevant to the case, the seizure, seizure or freezing shall be lifted within three days and returned.
 
Section VII Identification
Article 146
In order to find out the case, when it is necessary to solve some specialized problems in the case, people with special knowledge should be assigned and hired to carry out the appraisal.
Article 147 After appraisal, the appraiser shall write out an appraisal opinion and sign it.
If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility.
Article 148 The investigative organs shall inform the criminal suspects and victims of the expert opinions used as evidence. If the criminal suspect or victim applies, it may be supplemented or re-identified.
Article 149 The period of psychiatric evaluation of a criminal suspect shall not be included in the time limit for handling the case.
 
Section 8 Technical Investigation Measures
Article 150
After filing a case, the public security organ may take technical investigation measures for crimes endangering national security, terrorist activities, organized crimes of a triad nature, major drug-related crimes or other crimes that seriously endanger society in accordance with the needs of the investigation of the crime and through strict approval procedures.
After filing the case, the people's Procuratorate may, in accordance with the needs of the investigation of the crime and through strict approval procedures, take technical investigation measures and submit them to the relevant organs for execution in accordance with the provisions.
The pursuit of a criminal suspect or defendant who is wanted or who has been approved or decided to arrest at large may, with approval, take the technical investigation measures necessary for the pursuit.
Article 151 The approval decision shall, in accordance with the needs of crime investigation, determine the types and applicable objects of technical investigation measures. The approval decision shall be valid within three months from the date of issuance. If it is not necessary to continue to take technical investigation measures, it shall be lifted in time; for complex and difficult cases, if it is still necessary to continue to take technical investigation measures at the expiration of the time limit, the validity period may be extended after approval, and each time shall not exceed three months.
152nd technical investigation measures, must be strictly in accordance with the type of measures approved, the object of application and time limit.
The investigators shall keep confidential the state secrets, commercial secrets and personal privacy that they know in the process of taking technical investigation measures; the materials that have nothing to do with the case obtained by taking technical investigation measures must be destroyed in a timely manner.
The materials obtained by technical investigation measures can only be used for the investigation, prosecution and trial of crimes, and shall not be used for other purposes.
When the public security organ adopts technical investigation measures in accordance with the law, the relevant units and individuals shall cooperate and keep the relevant information confidential.
Article 153 In order to ascertain the circumstances of the case, when necessary, the person in charge of the public security organ may, upon decision, conceal his identity to carry out investigation. However, it is not allowed to induce others to commit a crime, or to use methods that may endanger public security or cause serious personal danger.
For criminal activities involving the payment of contraband or property such as drugs, the public security organ may, in accordance with the provisions, implement controlled delivery in accordance with the needs of the investigation of the crime.
Article 154 Materials collected through investigative measures taken in accordance with the provisions of this Section may be used as evidence in criminal proceedings. If the use of the evidence may endanger the personal safety of the relevant personnel, or may produce other serious consequences, protective measures such as not revealing the identity of the relevant personnel and technical methods shall be taken. When necessary, the evidence can be verified by the judges outside the court.
 
Section IX Wanted
Article 155
If a criminal suspect who should be arrested is at large, the public security organ may issue an arrest warrant and take effective measures to pursue and bring the case to justice.
Public security organs at all levels may directly issue wanted notices within the areas under their jurisdiction; in areas beyond their jurisdiction, they shall report to the higher authorities that have the power to make decisions.
 
Section 10 Ending of Investigation
Article 156
The period of detention for investigation after the arrest of a criminal suspect shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, an extension of one month may be granted with the approval of the people's procuratorate at the next higher level.
Article 157 For a particularly major and complicated case that, for special reasons, is not suitable for trial within a relatively long period of time, the Supreme People's Procuratorate shall report to the Standing Committee of the National People's Congress for approval to postpone the trial.
Article 158 If the investigation of the following cases cannot be concluded at the expiration of the time limit specified in Article 156 of this Law, an extension of two months may be granted with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government:
Major and complicated cases in remote areas with very inconvenient (I) traffic;
(II) major criminal syndicate cases;
Major and complicated cases of (III) fleeing and committing crimes;
(IV) crimes involve a wide range of major and complex cases that are difficult to obtain evidence.
Article 159 If the criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years, and the investigation cannot be concluded after the time limit extended in accordance with the provisions of Article 158 of this Law has expired, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government.
Article 160 If, during the period of investigation, a criminal suspect is found to have committed another important crime, the time limit for custody for investigation shall be recalculated in accordance with the provisions of Article 156 of this Law from the date of discovery.
If a criminal suspect does not tell his real name and address and his identity is unknown, his identity shall be investigated, and the period of detention for investigation shall be calculated from the date of his identity, but the investigation and collection of evidence for his criminal acts shall not be stopped. If the facts of the crime are clear, the evidence is reliable and sufficient, and it is indeed impossible to ascertain his identity, he may also be prosecuted or tried by the name he has given himself.
Article 161 If a defense lawyer makes a request before the investigation of a case is concluded, the investigation organ shall listen to the opinions of the defense lawyer and put them on record. If the defense lawyer submits a written opinion, it shall be attached.
Article 162: The public security organ shall ensure that the facts of the crime are clear, the evidence is true and sufficient, and a prosecution opinion shall be written, and the case file materials and evidence shall be transferred to the people's procuratorate at the same level for review and decision; at the same time Inform the criminal suspect and his defense lawyer of the transfer of the case.
If a criminal suspect confesses his guilt voluntarily, he shall record it in the case, transfer it with the case, and state the relevant information in the prosecution opinion.
Article 163 If, in the course of investigation, it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall be dismissed; if the criminal suspect has been arrested, he shall be released immediately, a release certificate shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.
 
Section 11 Investigation of Cases Directly Accepted by the People's Procuratorates
Article 164
The People's Procuratorate shall apply the provisions of this Chapter to the investigation of cases directly accepted.
Article 165: Where a case directly accepted by a people's procuratorate complies with the provisions of Article 81 and Article 82, paragraphs 4 and 5 of this law, and it is necessary to arrest or detain a criminal suspect, the people's procuratorate The decision is made and executed by the public security organ.
Article 166 The People's Procuratorate shall interrogate a person detained in a case directly accepted by it within 24 hours after detention. When it is found that detention should not be warranted, it must be released immediately and a release certificate issued.
Article 167 If a people's procuratorate deems it necessary to arrest a detained person in a case directly accepted, it shall make a decision within 14 days. In exceptional circumstances, the time for deciding on arrest may be extended by one to three days. Those who do not need to be arrested shall be released immediately; those who need to continue investigation and meet the conditions for obtaining a guarantor pending trial or residential surveillance shall be released on bail pending trial or residential surveillance in accordance with the law.
Article 168 Where a People's Procuratorate has concluded investigation of a case, it shall make a decision to initiate a public prosecution, not to initiate a prosecution or to withdraw the case.
 
Chapter III Public Prosecution
Article 169
All cases requiring public prosecution shall be examined and decided by the people's procuratorates.
Article 170 The people's procuratorates shall examine the cases transferred by the supervisory organs for prosecution in accordance with this Law and the relevant provisions of the Supervision Law. If, after examination, the people's procuratorate considers that supplementary verification is necessary, it shall return it to the supervisory organ for supplementary investigation and, if necessary, may make supplementary investigation on its own.
For cases that have been transferred by the supervisory organ for prosecution and have taken lien measures, the people's procuratorate shall first detain the criminal suspect, and the lien measures shall be automatically lifted. The people's procuratorate shall, within 10 days after detention, make a decision on whether to make an arrest, release a guarantor pending trial or place under residential surveillance. Under special circumstances, the decision may be extended by one to four days. The period during which the people's procuratorate decides to take compulsory measures shall not be included in the time limit for examination and prosecution.
Article 171 When examining a case, the people's procuratorate must ascertain:
(I) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct;
(II) whether there are any omitted crimes and other persons who should be investigated for criminal responsibility;
Whether the (III) belongs to those who should not be investigated for criminal responsibility;
(IV) whether there is an incidental civil action;
(V) whether the investigation is lawful.
Article 172 The People's Procuratorate shall make a decision within one month on a case transferred by the supervisory organ or the public security organ for prosecution. For major and complicated cases, it may be extended for 15 days; if the criminal suspect pleads guilty and confesses the punishment, he shall make a decision within 10 days. If the applicable conditions of the procedure apply, the possible fixed-term imprisonment of more than one year may be extended to 15 days.
Where a people's procuratorate changes its jurisdiction over a case under review and prosecution, the time limit for review and prosecution shall be calculated from the date on which the changed people's procuratorate receives the case.
Article 173 When examining a case, the People's Procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and put them on record. If the defender or the lawyer on duty, the victim and his agent ad litem submit written opinions, they shall be attached.
If a criminal suspect pleads guilty and punishes, the people's procuratorate shall inform him of his litigation rights and the legal provisions on pleading guilty and punishing, listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his agent ad litem on the following matters, and record them in the case:
(I) suspected criminal facts, charges and applicable legal provisions;
(II) recommendations for lenient punishment such as lighter, mitigated or waived punishment;
(III) the procedures applicable to the trial of cases after pleading guilty;
(IV) other matters that need to be heard.
If the people's procuratorate listens to the opinions of the duty lawyer in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the duty lawyer to understand the relevant situation of the case in advance.
Article 174 If a criminal suspect voluntarily pleads guilty and agrees to the application of sentencing recommendations and procedures, he shall sign a confession and punishment statement in the presence of the defender or the lawyer on duty.
If a criminal suspect pleads guilty and confesses punishment, there is no need to sign a confession statement:
(I) the suspect is blind, deaf, mute, or a mental patient who has not completely lost the ability to recognize or control his own behavior;
(II) the legal representative or defender of a minor criminal suspect has objections to the minor's confession and punishment;
(III) other circumstances where you do not need to sign a confession statement.
Article 175 When examining a case, the People's Procuratorate may request the public security organ to provide the evidentiary materials necessary for the court trial; if it believes that there may be a situation of illegal collection of evidence as provided for in Article 56 of this Law, it may request it to collect evidence. The legality of the collection is explained.
When a people's procuratorate examines a case, if supplementary investigation is necessary, it may return it to the public security organ for supplementary investigation, or it may conduct investigation on its own.
In the case of supplementary investigation, the supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is completed and the case is transferred to the people's procuratorate, the people's procuratorate shall recalculate the time limit for examination and prosecution.
For the case of the second supplementary investigation, if the people's Procuratorate still considers that the evidence is insufficient and does not meet the conditions for prosecution, it shall make a decision not to prosecute.
Article 176 Where the People's Procuratorate considers that the facts of the crime of a criminal suspect have been ascertained, that the evidence is true and sufficient, and that criminal responsibility should be investigated in accordance with the law, it shall make a decision to initiate a prosecution and, in accordance with the provisions on trial jurisdiction, initiate a public prosecution in a people's court and transfer the case file materials and evidence to the people's court.
If a criminal suspect pleads guilty and confesses punishment, the People's Procuratorate shall put forward sentencing recommendations on the main penalty, additional penalties, and whether to apply probation, etc., and transfer materials such as a confession and punishment statement with the case.
Article 177 If a criminal suspect has no criminal facts or is under any of the circumstances specified in Article 16 of this Law, the People's Procuratorate shall make a decision not to initiate a prosecution.
For minor offences, in accordanceCriminal LawWhere it is stipulated that it is not necessary to impose a criminal penalty or to exempt from a criminal penalty, the People's Procuratorate may make a decision not to initiate a prosecution.
If the People's Procuratorate decides not to prosecute a case, it shall, at the same time, lift the seizure, seizure or freezing of the property seized, detained or frozen during the investigation. If it is necessary to impose administrative penalties or sanctions on the person against whom the prosecution is not prosecuted or to confiscate his illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authority shall promptly notify the people's procuratorate of the result of the handling.
Article 178 The decision not to prosecute shall be publicly announced, and the decision shall be served on the person not to prosecute and the unit to which he belongs. If the person who is not prosecuted is in custody, he shall be released immediately.
Article 179 If the People's Procuratorate decides not to prosecute a case transferred by the public security organ for prosecution, it shall serve the decision on non-prosecution on the public security organ. If the public security organ considers that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it may submit a request to the people's procuratorate at the next higher level for review.
Article 180 If a decision is made not to initiate a prosecution in a case involving a victim, the People's Procuratorate shall serve the decision not to initiate a prosecution on the victim. If the victim is not satisfied with the decision, he may, within seven days after receiving the written decision, appeal to the people's procuratorate at the next higher level and request that a public prosecution be initiated. The people's procuratorate shall inform the victim of the review decision. If the People's Procuratorate upholds the decision not to prosecute, the victim may bring a suit in a People's Court. The victim may also directly bring a suit before a people's court without appealing. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court.
Article 181 If the person against whom the People's Procuratorate has made a decision not to initiate a prosecution in accordance with the provisions of the second paragraph of Article 177 of this Law, he or she may appeal to the People's Procuratorate within seven days after receiving the decision. The people's procuratorate shall make a reexamination decision, notify the person who is not to be prosecuted, and at the same time send a copy to the public security organ.
Article 182: Where a criminal suspect voluntarily and truthfully confesses the facts of a suspected crime, has performed major meritorious service, or the case involves major national interests, the public security organ may withdraw the case with the approval of the Supreme People's Procuratorate, and the People's Procuratorate may make a decision not to prosecute, or It may not prosecute one or more of the suspected crimes.
If the case is not prosecuted or withdrawn in accordance with the provisions of the preceding paragraph, the people's procuratorate and the public security organ shall promptly deal with the sealed-up, distrained or frozen property and the fruits thereof.
 
Part III Trial
Chapter I Trial Organization
Article 183
The trial of cases of first instance in the basic people's courts and the intermediate people's courts shall be conducted by a collegial panel composed of three judges or three or seven judges and people's assessors. However, cases in which the basic people's courts apply summary procedures or expedited procedures may be tried by a single judge alone.
The trial of cases of first instance in a higher people's court shall be conducted by a collegial panel composed of three to seven judges or three or seven judges and people's assessors.
Trials of cases of first instance in the Supreme People's Court shall be conducted by a collegial panel composed of three to seven judges.
The people's court shall try cases of appeal and protest by a collegial panel composed of three or five judges.
The collegial panel shall have an odd number of members.
Article 184 When a collegial panel conducts deliberations, if there is a difference of opinion, a decision shall be made on the basis of the opinion of the majority, but the opinions of the minority shall be included in the record. The transcript of the deliberations shall be signed by the members of the collegial panel.
Article 185 A collegial panel shall, after hearing the case and making deliberations, make a judgment. If the collegial panel considers it difficult to make a decision on a difficult, complex or major case, the collegial panel shall submit it to the president of the court for a decision to submit it to the adjudication committee for discussion and decision. The decision of the adjudication committee shall be implemented by the collegial panel.
 
Chapter II Procedure of First Instance
Section 1 Public Prosecution Cases
Article 186
After the people's court has examined the case for which public prosecution is initiated, it shall decide to hold a trial if the indictment contains clear facts of the alleged crime.
Article 187 After the People's Court has decided to open a court session, it shall determine the composition of the collegial panel and serve a copy of the people's procuratorate's bill on the defendant and his defenders no later than 10 days before the opening of the court session.
Before the court session, the judges may call on the public prosecutor, the parties, defenders and agents ad litem to understand the situation and listen to opinions on trial-related issues such as withdrawal, the list of witnesses in court, and the exclusion of illegal evidence.
After determining the date of the hearing, the people's court shall notify the people's procuratorate of the time and place of the hearing, summon the parties, notify the defenders, agents ad litem, witnesses, expert witnesses and interpreters, and the summons and notice shall be served no later than three days before the hearing. In the case of a public trial, the cause of action, the name of the defendant, and the time and place of the hearing shall be announced in advance three days before the hearing.
The above-mentioned activities shall be written into the record and signed by the judge and the court clerk.
Article 188 Trials of cases of first instance in the people's courts shall be conducted in public. However, cases involving state secrets or personal privacy shall not be heard in public; cases involving commercial secrets may be heard in private if the parties apply for a closed trial.
If a case is not heard in public, the reasons for not being heard in public shall be announced in court.
Article 189 In the trial of a case of public prosecution by a people's court, the people's procuratorate shall send personnel to the court to support the public prosecution.
Article 190 At the opening of a court session, the presiding judge shall ascertain whether the parties are present in court and announce the cause of the case; announce the names of the members of the collegial panel, the court clerk, the public prosecutor, the defender, the agent ad litem, the expert and the interpreter; inform the parties concerned that they have the right to apply for recusal from the members of the collegial panel, the court clerk, the public prosecutor, the expert and the expert and the interpreter; inform the defendant.
If the defendant pleads guilty and punishes, the presiding judge shall inform the defendant of the litigation rights and the legal provisions of the confession and punishment, and examine the voluntariness of the confession and punishment and the authenticity and legality of the contents of the confession.
Article 191 After the public prosecutor has read out the indictment in court, the defendant and the victim may make statements on the crimes charged in the indictment, and the public prosecutor may interrogate the defendant.
Victims, plaintiffs, defenders and agents ad litem in incidental civil actions may, with the permission of the presiding judge, ask questions of the defendant.
The judge may question the accused.
Article 192 If the public prosecutor, the party or the defender or the agent ad litem disagrees with the testimony of a witness, and the testimony of the witness has a significant impact on the conviction and sentencing of the case, and the people's court considers it necessary for the witness to testify in court, the witness shall testify in court.
The provisions of the preceding paragraph shall apply to the people's police appearing in court as witnesses to testify against crimes witnessed by them in the performance of their duties.
If the public prosecutor, the party or the defender or the agent ad litem disagrees with the appraisal opinion, and the people's court considers it necessary for the appraiser to appear in court, the appraiser shall testify in court. If, upon notification by the people's court, the appraiser refuses to testify in court, the appraiser's opinion shall not be used as the basis for making a final decision.
Article 193 If, upon notification by the people's court, a witness fails to testify in court without a valid reason, the people's court may compel him to appear in court, with the exception of the spouse, parents and children of the defendant.
If a witness refuses to appear in court without justifiable reasons or refuses to testify after appearing in court, he shall be admonished. If the circumstances are serious, he shall be detained for not more than ten days with the approval of the president of the court. If the person being punished is not satisfied with the decision on detention, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during the period of reconsideration.
Article 194 When a witness testifies, the judicial officers shall inform him of the legal responsibility for giving his testimony truthfully and for intentionally giving false testimony or concealing criminal evidence. The public prosecutor, the parties, defenders and agents ad litem may, with the permission of the presiding judge, question witnesses and expert witnesses. If the presiding judge considers that the content of the question is irrelevant to the case, he shall stop it.
The judges may question witnesses and experts.
Article 195 The public prosecutor and defender shall present material evidence to the court for the parties to identify, and shall read out the transcripts of testimony of witnesses who are not present in court, the expert opinions of expert witnesses, transcripts of inquests and other documents used as evidence in court. The judicial officers shall hear the opinions of the public prosecutor, the parties, the defenders and the agents ad litem.
Article 196 In the course of a court trial, if the collegial panel has doubts about the evidence, it may announce an adjournment and investigate and verify the evidence.
When investigating and verifying evidence, the people's court may conduct inquests, inspections, seals up, detains, appraisals, inquiries and freezes.
Article 197 In the course of a court trial, the parties, defenders and agents ad litem shall have the right to apply for notifying the attendance of new witnesses, obtaining new material evidence, and applying for a new appraisal or inquest.
The public prosecutor, the parties, defenders and agents ad litem may apply to the court to notify a person with specialized knowledge to appear in court and give opinions on the expert opinions made by the expert witnesses.
The court shall decide whether to grant the application.
The relevant provisions on expert witnesses shall apply to the appearance of a person with specialized knowledge as stipulated in the second paragraph.
Article 198 In the course of a court trial, the facts and evidence relating to a conviction or sentencing shall be investigated and debated.
With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the circumstances of the case and may argue with each other.
After the presiding judge has declared the end of the debate, the accused has the right to make a final statement.
Article 199 In the course of a trial, if a participant in the proceedings or a spectator violates the order of the court, the presiding judge shall give a warning to stop it. Those who do not listen to the stop may be forcibly taken out of the court; if the circumstances are serious, they shall be fined not more than 1,000 yuan or detained for not more than 15 days. Fines and detentions must be approved by the president of the court. If the person being punished is not satisfied with the decision on the fine or detention, he may apply to the people's court at the next higher level for reconsideration. Execution shall not be suspended during the period of reconsideration.
Those who gather crowds to make noise, attack the court, or insult, slander, threaten, or beat judicial personnel or participants in the proceedings, seriously disrupt the order of the court, and constitute a crime, shall be investigated for criminal responsibility according to law.
Article 200 After the final statement of the defendant, the presiding judge shall announce an adjournment, and the collegial panel shall conduct deliberations and make the following judgments on the basis of the facts, evidence and relevant legal provisions that have been ascertained:
(I) the facts of the case are clear, the evidence is reliable and sufficient, and if the defendant is found guilty in accordance with the law, a guilty verdict shall be made;
If the (II) finds the defendant not guilty in accordance with the law, it shall make a judgment of not guilty;
If the (III) evidence is insufficient and the defendant cannot be found guilty, a verdict of innocence shall be made if the evidence is insufficient and the alleged crime cannot be established.
Article 201 For a case of pleading guilty and punishing, the people's court shall generally adopt the charges and sentencing recommendations charged by the people's procuratorate when making a judgment in accordance with the law, except in the following circumstances:
(I) the defendant's act does not constitute a crime or should not be investigated for criminal responsibility;
(II) the defendant pleads guilty against his will and confesses punishment;
(III) the accused denies the alleged facts of the crime;
The charges charged in the (IV) prosecution are inconsistent with the charges found in the trial;
(V) other circumstances that may affect a fair trial.
If the people's court finds that the sentencing recommendation is obviously inappropriate, or the defendant or defender raises objections to the sentencing recommendation, the people's procuratorate may adjust the sentencing recommendation. If the people's procuratorate does not adjust the sentencing recommendation or it is still obviously improper after adjusting the sentencing recommendation, the people's court shall make a judgment according to law.
Article 202 All judgments shall be pronounced in public.
If the judgment is pronounced in court, the judgment shall be delivered to the parties and the people's procuratorate that initiated the public prosecution within five days; if the judgment is pronounced regularly, the judgment shall be delivered to the parties and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem at the same time.
Article 203 The written judgment shall be signed by the judges and the court clerk and shall clearly state the time limit for the appeal and the court of appeal.
Article 204 In the course of a trial in court, if one of the following circumstances affects the conduct of the trial, the trial may be postponed:
(I) it is necessary to notify new witnesses to appear in court, obtain new material evidence, and make a new appraisal or inquest;
(II) procuratorial personnel find that a case for which public prosecution is initiated requires supplementary investigation and make suggestions;
The (III) cannot proceed to trial because of an application for recusal.
Article 205 If the trial of a case is postponed in accordance with the provisions of paragraph 2 of Article 204 of this Law, the People's Procuratorate shall complete the supplementary investigation within one month.
Article 206 In the course of trial, if any of the following circumstances make it impossible to continue the trial of a case for a relatively long period of time, the trial may be suspended:
(I) the defendant suffers from serious illness and is unable to appear in court;
(II) the defendant to escape;
(III) the private prosecutor suffers from a serious illness and is unable to appear in court and fails to entrust an agent ad litem to appear in court;
(IV) for irresistible reasons.
After the reasons for the suspension of the trial have disappeared, the trial shall be resumed. The period of suspension of the trial shall not be included in the trial period.
Article 207 All the activities of a court trial shall be recorded in writing by the court clerk and, after examination by the presiding judge, signed by the presiding judge and the court clerk.
The testimony of witnesses in court transcripts shall be read out in court or given to witnesses for reading. After admitting that there is no error, the witness shall sign or seal.
The court record shall be handed over to the party concerned for reading or read to him. If the parties believe that there are omissions or errors in the records, they may request supplementation or correction. After the parties admit that there is no error, they shall sign or seal.
Article 208 In trying a case of public prosecution, a people's court shall pronounce a judgment within two months, but not later than three months, after accepting the case. For cases that may be sentenced to death or cases with incidental civil actions, and in any of the circumstances specified in Article 158 of this Law, the extension may be extended for three months with the approval of the people's court at the next higher level; due to special circumstances, if an extension is necessary, it shall be submitted to the Supreme People's Court for approval.
For a case over which a people's court changes its jurisdiction, the time limit for hearing the case shall be calculated from the date on which the changed people's court receives the case.
After the people's procuratorate has completed the supplementary investigation and transferred the case to the people's court, the people's court shall recalculate the time limit for trial.
Article 209 If a people's procuratorate discovers that a people's court has violated the legal procedure as prescribed by law in the trial of a case, it shall have the right to submit a corrective opinion to the people's court.
 
Section 2 Cases of Private Prosecution
Article 210
Private prosecution cases include the following:
Cases dealt with (I) only after being told;
Minor criminal cases in which the (II) victim has evidence to prove;
(III) the victim has evidence to prove that the defendant has violated his personal and property rights, he shall be investigated for criminal responsibility in accordance with the law, and the public security organ or the people's procuratorate shall not investigate the defendant's criminal responsibility.
Article 211 After examining a case of private prosecution, the people's court shall deal with it in accordance with the following circumstances:
If the facts of the (I) crime are clear and there is sufficient evidence, the case shall be tried in court;
(II) a case of private prosecution lacking incriminating evidence, if the private prosecutor fails to provide additional evidence, he shall persuade the private prosecutor to withdraw the private prosecution, or order to reject it.
If the private prosecutor refuses to appear in court without justifiable reasons after being summoned twice in accordance with the law, or withdraws from court midway without the permission of the court, the case shall be treated as withdrawal.
In the course of a court trial, if a judge has doubts about the evidence and needs to investigate and verify it, the provisions of Article 196 of this Law shall apply.
Article 212 A people's court may mediate in a case of private prosecution; the private prosecutor may, before pronouncing a judgment, reconcile himself with the defendant or withdraw the private prosecution. Mediation shall not apply to the cases specified in Item 3 of Article 210 of this Law.
If the defendant is in custody, the provisions of the first and second paragraphs of Article 208 of this Law shall apply to the time limit for the people's court to hear a case of private prosecution; if the defendant is not in custody, the sentence shall be pronounced within six months after the acceptance of the case.
Article 213 The defendant in a case of private prosecution may, in the course of the proceedings, file a counterclaim against the private prosecutor. The provisions of private prosecution shall apply to counterclaims.
 
Section III Summary Procedure
Article 214
A case under the jurisdiction of a basic people's court may be tried by summary procedure if the following conditions are met:
The facts of the (I) case are clear and the evidence is sufficient;
(II) the accused admits that he has committed a crime and has no objection to the alleged facts of the crime;
(III) the defendant has no objection to the application of the summary procedure.
When initiating a public prosecution, the people's procuratorate may suggest that the people's court apply the summary procedure.
Article 215 The summary procedure shall not apply under any of the following circumstances:
(I) the defendant is blind, deaf, mute, or a mental patient who has not completely lost the ability to recognize or control his own behavior;
(II) have significant social impact;
In a (III) joint crime, some of the defendants have pleaded not guilty or have objections to the application of the summary procedure;
(IV) other cases where it is inappropriate to apply summary procedure.
Article 216 If a case is tried by summary procedure, a collegial panel may be formed for the trial of a possible sentence of not more than three years' imprisonment, or a single judge may be the sole judge; if the possible sentence of fixed-term imprisonment exceeds three years, a collegial panel shall be formed for the trial.
When a case of public prosecution is tried through summary procedure, the people's procuratorate shall send its personnel to attend the court.
Article 217 in a case where summary procedure is applied, the judicial personnel shall ask the defendant's opinion on the facts of the alleged crime, inform the defendant of the legal provisions on the application of summary procedure, and confirm whether the defendant agrees to the application of summary procedure.
Article 218 When a case is tried through summary procedure, the defendant and his defender may, with the permission of the judge, argue with the public prosecutor, the private prosecutor and his agent ad litem.
Article 219 The application of summary procedure in the trial of cases shall not be subject to the restrictions on the time limit for service, interrogation of the defendant, questioning of witnesses, expert witnesses, production of evidence, and court debate procedures in Section 1 of this Chapter. However, the final statement of the defendant shall be heard before the judgment is pronounced.
Article 220 If a case is tried through summary procedure, the people's court shall conclude the trial within 20 days after accepting the case; if the possible sentence of fixed-term imprisonment exceeds three years, it may be extended to one and a half months.
Article 221 If, in the course of a trial, the people's court finds that it is inappropriate to apply summary procedure, it shall retry the trial in accordance with the provisions of Section 1 or Section 2 of this Chapter.
 
Section 4 Quick Cutting Procedure
Article 222
In a case under the jurisdiction of a basic people's court that may be sentenced to three years' imprisonment or less, the facts of the case are clear, the evidence is reliable and sufficient, and the defendant pleads guilty and agrees to apply the expedited procedure, the expedited procedure may be applied, and the trial shall be conducted by a single judge alone.
When initiating a public prosecution, the people's procuratorate may suggest that the people's court apply the expedited adjudication procedure.
Article 223 Under any of the following circumstances, the expedited procedure shall not apply:
(I) the defendant is blind, deaf, mute, or a mental patient who has not completely lost the ability to recognize or control his own behavior;
(II) the accused is a minor;
(III) cases have significant social impact;
(IV) part of the defendants in a joint crime have objections to the alleged facts of the crime, charges, sentencing recommendations or the application of expedited procedures;
(V) the defendant and the victim or his legal representative have not reached a mediation or settlement agreement on matters such as compensation in incidental civil litigation;
(VI) other cases where it is inappropriate to apply the expedited procedure.
Article 224 The application of expedited adjudication procedures in the trial of cases shall not be subject to the time limit for service stipulated in Section 1 of this Chapter. In general, court investigations and court debates shall not be conducted, but the opinions of the defender and the defendant shall be heard before the judgment is pronounced. Final statement.
The application of the expedited procedure in the trial of a case shall be pronounced in court.
Article 225 When a case is tried by the procedure of expedited adjudication, the people's court shall conclude the trial within 10 days after accepting the case; if the fixed-term imprisonment that may be sentenced exceeds one year, it may be extended to 15 days.
Article 246 In the course of trial, the people's court finds that the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility, the defendant pleads guilty against his will, the defendant denies the facts of the crime charged, or other circumstances in which it is not appropriate to apply the speedy adjudication procedure, it shall be retried in accordance with the provisions of Section 1 or Section 3 of this chapter.
 
Chapter III Procedure of Second Instance
Article 227
Defendants, private prosecutors and their legal representatives who refuse to accept a judgment or order of first instance of a local people's court at any level shall have the right to appeal to the people's court at the next higher level by written pleadings or orally. Defenders and close relatives of the accused may, with the consent of the accused, file an appeal.
The parties to an incidental civil action and their legal representatives may appeal against the part of the incidental civil action in the judgment or order of the first instance of the local people's court at any level.
The accused shall not be deprived of his right of appeal under any pretext.
Article 228 If a local people's procuratorate at any level considers that there is a definite error in a judgment or order of first instance made by a people's court at the corresponding level, it shall lodge a protest with the people's court at the next higher level.
Article 229 If a victim or his legal representative refuses to accept a judgment of first instance made by a local people's court at any level, he or she shall have the right to request a people's procuratorate to lodge a protest within five days after receiving the written judgment. The People's Procuratorate shall, within five days after receiving the request of the victim and his legal representative, make a decision on whether to protest and reply to the person making the request.
Article 230 The time limit for appeal and protest against the judgment shall be ten days, and the time limit for appeal and protest against the ruling shall be five days, counting from the second day after the receipt of the judgment or ruling.
Article 231 Where the defendant, the private prosecutor, the plaintiff in an incidental civil action and the defendant file an appeal through the people's court of the original trial, the people's court of the original trial shall, within three days, transfer the appeal petition together with the case file and evidence to the people's court at the next higher level, and at the same time send a copy of the appeal petition to the people's procuratorate at the same level and the other party.
If the defendant, the private prosecutor, the plaintiff and the defendant in an incidental civil action appeal directly to the people's court of second instance, the people's court of second instance shall, within three days, submit the appeal petition to the people's court of the original trial and send it to the people's procuratorate at the same level and the other party.
Article 232 A local people's procuratorate at any level shall file a protest against a judgment or ruling of first instance of a people's court at the same level through the people's court that originally tried the case, and shall send a copy of the protest to the people's procuratorate at the next higher level. The people's court that originally tried the case shall transfer the letter of protest, together with the case file and evidence, to the people's court at the next higher level, and send a copy of the letter of protest to the parties.
If a people's procuratorate at a higher level considers the protest improper, it may withdraw the protest from the people's court at the same level and notify the people's procuratorate at a lower level.
Article 233 The people's court of second instance shall conduct a comprehensive review of the facts and the application of law in the judgment of first instance, and shall not be restricted by the scope of appeal or protest.
If only some of the defendants appeal in a joint crime, the whole case shall be reviewed and handled together.
Article 234 A people's court of second instance shall form a collegial panel to hear the following cases:
(I) the defendant, the private prosecutor and their legal representatives to raise objections to the facts and evidence found in the first instance, which may affect the appeal of conviction and sentencing;
(II) appeal cases in which the defendant is sentenced to death;
Cases protestations by (III) people's procuratorates;
(IV) other cases that should be heard in court.
If the people's court of second instance decides not to hold a trial, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem.
The trial of a case of appeal or protest by a people's court of second instance may be conducted at the place where the case occurred or at the place where the people's court that originally tried the case is located.
Article 235 The people's procuratorate at the same level shall send its personnel to the court for the case of protest filed by the people's procuratorate or for the case of public prosecution tried by the people's court of second instance. The people's court of second instance shall, after deciding to open a court session, promptly notify the people's procuratorate to consult the case file. The people's procuratorate shall complete the inspection within one month. The time spent by the people's procuratorate on examining the case files shall not be included in the trial period.
Article 236 A people's court of second instance shall, after hearing a case of appeal or protest against a judgment of first instance, handle the case according to the following circumstances respectively:
If the (I) in the original judgment is correct in finding the facts and applying the law, and the sentence is appropriate, the appeal or protest shall be rejected and the original judgment shall be upheld;
(II) there was no error in the determination of facts in the original judgment, but there was an error in the application of the law, or the sentence was improperly meted out, the judgment shall be revised;
If the facts of the original judgment of the (III) are not clear or the evidence is insufficient, the judgment may be revised after the facts have been ascertained; it may also be ruled to cancel the original judgment and send it back to the people's court that originally tried the case for a new trial.
If, after the people's court of first instance has made a judgment on a case that has been remanded for retrial in accordance with the provisions of paragraph 3 of the preceding paragraph, the defendant appeals or the people's procuratorate protests, the people's court of second instance shall make a judgment or order in accordance with the law, and shall not remand it to the people's court of first instance for retrial.
Article 237 The People's Court of second instance shall not increase the defendant's penalty in the trial of a case appealed by the defendant or his legal representative, defender or near relative. In a case remanded by the People's Court of second instance to the People's Court of the original trial for retrial, the People's Court of the original trial shall not increase the penalty of the defendant, except for new criminal facts that the People's Procuratorate has added to the prosecution.
Where a people's procuratorate lodged a protest or a private prosecutor lodged an appeal, it shall not be restricted by the provisions of the preceding paragraph.
Article 238 If the people's court of second instance finds that the trial conducted by the people's court of first instance violates any of the following legal procedures, it shall rule to rescind the original judgment and send it back to the people's court which originally tried the case for retrial:
(I) violates the provisions of this Law on public trials;
(II) violation of the avoidance system;
(III) deprives or restricts the litigant's legal litigation rights, which may affect the fair trial;
The composition of the (IV) trial organization is not lawful;
(V) other violations of legal procedures that may affect a fair trial.
Article 239 The People's Court which originally tried the case shall form a new collegial panel for remanded cases and conduct the trial in accordance with the procedure of first instance. The judgment after the retrial may be appealed or protested in accordance with the provisions of Articles 227, 228 and 229 of this Law.
Article 240 the people's court of second instance shall, after examination, reject the appeal or protest against the ruling of first instance, with reference to the provisions of articles 236, 238 and 239 of this Law, and reject the appeal or protest, or revoke or change the original ruling, respectively.
Article 241 Where a case is remanded by the People's Court of second instance to the People's Court of the original trial for retrial, the People's Court of the original trial shall recalculate the time limit for trial from the date of receipt of the remanded case.
Article 242 The procedure for trying a case of appeal or protest by a people's court of second instance shall be conducted with reference to the provisions of the procedure of first instance, except as provided for in this Chapter.
Article 243 A people's court of second instance accepting a case of appeal or protest shall conclude the case within two months. For cases that may be sentenced to death or cases with incidental civil actions, and in any of the circumstances specified in Article 158 of this Law, an extension of two months may be extended with the approval or decision of the Higher People's Court of the province, autonomous region, or municipality directly under the Central Government; If an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval.
The time limit for hearing an appeal or protest case shall be decided by the Supreme People's Court.
Article 244 All judgments and orders of second instance and those of the Supreme People's Court are final.
Article 245 The public security organs, people's procuratorates and people's courts shall properly keep the property of the criminal suspect or defendant and the fruits thereof that have been sealed up, detained or frozen for verification, and shall make a list and transfer it with the case. No unit or individual may misappropriate or dispose of it on its own. The lawful property of the victim shall be returned in a timely manner. Contraband or articles unsuitable for long-term storage shall be disposed of in accordance with the relevant provisions of the State.
The physical objects used as evidence shall be transferred with the case, and if it is not suitable to be transferred, the list, photos or other supporting documents shall be transferred with the case.
In its judgment, the people's court shall deal with the sealed-up, distrained or frozen property and the fruits thereof.
After the judgment made by the people's court takes effect, the relevant authorities shall, in accordance with the judgment, dispose of the property sealed up, detained or frozen and the fruits thereof. The stolen money and goods seized, seized or frozen and the fruits thereof shall be turned over to the State Treasury, except for those returned to the victim in accordance with the law.
Judicial personnel who embezzle, misappropriate or privately dispose of the sealed up, seized or frozen property and the fruits thereof shall be investigated for criminal responsibility according to law; if the case does not constitute a crime, they shall be punished.
 
Chapter IV Procedure for Review of Death Penalty
Article 246
The death penalty shall be approved by the Supreme People's Court.
Article 247 If the defendant does not appeal in a case of first instance in which an intermediate people's court has imposed a death sentence, the case shall be reviewed by a higher people's court and submitted to the Supreme People's Court for approval. If the Higher People's Court disagrees with the sentence of death, it may bring the case up for trial or remand the case for retrial.
If the defendant does not appeal in a case of first instance in which the death penalty is imposed by a higher people's court, and a case of second instance in which the death penalty is imposed, it shall be submitted to the Supreme People's Court for approval.
Article 248 Cases in which an intermediate people's court has imposed a death sentence with a two-year suspension of execution shall be approved by a higher people's court.
Article 249 The Supreme People's Court shall review death penalty cases and the Higher People's Court shall review death penalty cases with a suspension of execution by a collegial panel composed of three judges.
Article 250 When reviewing a death penalty case, the Supreme People's Court shall make a decision approving or disapproving the death penalty. If the death penalty is not approved, the Supreme People's Court may remand it for a new trial or change the sentence.
Article 251 When reviewing a death penalty case, the Supreme People's Court shall interrogate the defendant. If the defense lawyer requests it, it shall hear the opinions of the defense lawyer.
In the process of reviewing death penalty cases, the Supreme People's Procuratorate may submit its opinions to the Supreme People's Court. The Supreme People's Court shall notify the Supreme People's Procuratorate of the result of the review of the death penalty.
 
Chapter V Trial Supervision Procedures
Article 252
The parties and their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against a legally effective judgment or order, but the execution of the judgment or order cannot be suspended.
Article 253 If the complaint of a party, his legal representative or close relative meets one of the following conditions, the people's court shall retry the case:
(I) there is new evidence to prove that the facts found in the original judgment or ruling are indeed wrong, which may affect the conviction and sentencing;
The evidence on which the conviction and sentencing of the (II) are based is inaccurate, insufficient, should be excluded according to law, or there is a contradiction between the main evidence that proves the facts of the case;
The application of the law to the original judgment or order of the (III) is definitely wrong;
(IV) violation of legal procedures, which may affect a fair trial;
(V) judicial personnel engaged in embezzlement, bribery, malpractice for personal gain, or perverting the law in adjudicating the case.
Article 254 If the president of a people's court at any level finds that there is a definite error in the determination of fact or in the application of law in a legally effective judgment or order of the court, he must refer the case to a judicial committee for handling.
If the Supreme People's Court finds definite error in a legally effective judgment or order of a people's court at any level, or if a people's court at a higher level finds definite error in a legally effective judgment or order of a people's court at a lower level, it shall have the power to bring the case up for trial or direct a people's court at a lower level to conduct a retrial.
If the Supreme People's Procuratorate finds that there is a definite error in a legally effective judgment or order of a people's court at any level, or if a people's procuratorate at a higher level finds that there is a definite error in a legally effective judgment or order of a people's court at a lower level, it has the right to lodge a protest with the people's court at the same level in accordance with the procedure for trial supervision.
In a case protested by a people's procuratorate, the people's court that accepts the protest shall form a collegial panel to retry the case. If the facts of the original judgment are not clear or the evidence is insufficient, it may order the people's court at a lower level to retry the case.
Article 255 Where a people's court at a higher level orders a people's court at a lower level to conduct a retrial, it shall order a people's court at a lower level other than the people's court that originally tried the case to hear the case; if it is more appropriate for the people's court that originally tried the case to be heard, it may also order the people's court that originally tried the case to hear the case.
Article 256 A new collegial panel shall be formed for the retrial of a case by a people's court in accordance with the procedure for trial supervision. If it is originally a case of first instance, the trial shall be conducted in accordance with the procedure of first instance, and the judgment or ruling made may be appealed or protested; if it is originally a case of second instance or a case brought before a people's court at a higher level, the trial shall be conducted in accordance with the procedure of second instance, and the judgment or ruling made shall be the judgment or ruling of the final instance.
Where a people's court opens a court session to hear a retrial case, the people's procuratorate at the same level shall send its personnel to attend the court.
Article 257 If the people's court decides to take compulsory measures against the defendant for retrial, the people's court shall decide according to law; if the people's procuratorate puts forward a protest for retrial, the people's procuratorate shall decide according to law.
The people's court may decide to suspend the execution of the original judgment or order in a case tried in accordance with the procedure of trial supervision.
Article 258 If a people's court retried a case in accordance with the procedure of trial supervision, it shall conclude the case within three months from the date of making the decision to bring it up for trial or retrial, and if it is necessary to extend the time limit, it shall not exceed six months.
Where a people's court that accepts a protest tries a case in accordance with the procedure for trial supervision, the provisions of the preceding paragraph shall apply to the time limit for trial; where it is necessary to order a people's court at a lower level to conduct a retrial, it shall make a decision within one month from the date of accepting the protest, and the time limit for trial by the people's court at a lower level shall apply to the provisions of the preceding paragraph.
 
Part IV Implementation
Article 255
Judgments and rulings shall be executed after they become legally effective.
The following judgments and rulings are legally effective judgments and rulings:
Judgments and rulings (I) no appeal or protest has expired within the statutory time limit;
(II) final judgments and rulings;
(III) judgments of death sentences approved by the Supreme People's Court and judgments of death sentences with a two-year suspension of execution approved by the Higher People's Court.
Article 260 If a people's court of first instance decides that a defendant is not guilty or exempted from criminal punishment, the defendant shall be released immediately after the judgment is pronounced.
Article 261 The President of the Supreme People's Court shall issue an order for the execution of the death penalty if the sentence imposed or approved by the Supreme People's Court is to be executed immediately.
If a criminal sentenced to death with a two-year suspension of execution has not committed an intentional crime during the period of suspension of execution, and the death penalty should be commuted upon expiration of the suspension of execution, the executing organ shall submit a written opinion to the higher people's court for ruling; if the intentional crime is serious and verified to be true and the death penalty should be executed, the higher people's court shall report to the Supreme People's Court for approval, the period of suspension of execution of the death penalty shall be recalculated and reported to the Supreme People's Court for the record.
Article 262 After receiving an order from the Supreme People's Court to execute a death sentence, a people's court at a lower level shall, within seven days, hand it over for execution. However, in any of the following circumstances, enforcement shall be stopped and a report immediately made to the Supreme People's Court, and the Supreme People's Court shall make a ruling:
The (I) discovers that there may be errors in the judgment before execution;
(II) exposing major criminal facts or performing other major meritorious service before the execution of the sentence, the sentence may need to be changed;
(III) criminal is pregnant.
After the reasons for the suspension of execution in items 1 and 2 of the preceding paragraph have disappeared, the execution of the death penalty must be executed only after the execution of the death penalty has been issued by the president of the Supreme People's Court; if the execution of the death penalty is suspended due to the reasons in item 3 of the preceding paragraph, it shall be reported to the Supreme People's Court to change the sentence according to law.
Article 263 Before a people's court delivers a death sentence for execution, it shall notify the people's procuratorate at the same level to send an officer to supervise it on the spot.
The death penalty shall be executed by shooting or injection.
The death penalty may be carried out on the execution ground or in a designated place of custody.
The judicial officer who directs the execution of the sentence shall verify the criminal's identity, interrogate him for any last words or letters, and then hand them over to the executor for execution. Before execution, if it is discovered that there may be errors, the execution shall be suspended and the case shall be submitted to the Supreme People's Court for a ruling.
The execution of the death penalty shall be made public and shall not be made public.
After the execution of the death penalty, the clerk present shall make a written record. The people's court that handed over the execution shall report the execution of the death penalty to the Supreme People's Court.
After the execution of the death penalty, the people's court that handed it over for execution shall notify the family members of the criminal.
Article 264 When a criminal is delivered for execution of his sentence, the people's court that delivered the sentence for execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents on the public security organ, prison or other executing organ.
For a criminal sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment, the public security organ shall, in accordance with the law, send the criminal to the prison for execution of the sentence. For a criminal sentenced to fixed-term imprisonment, if the remaining term of the sentence is less than three months before he is handed over for execution, the detention house shall execute the sentence on his behalf. A criminal sentenced to criminal detention shall be executed by a public security organ.
The punishment of juvenile offenders shall be executed in a juvenile correctional facility.
The executing organ shall promptly take the offender into custody and notify the offender's family.
A criminal sentenced to fixed-term imprisonment or criminal detention shall, upon the expiration of the period of execution, be issued a certificate of release by the executing organ.
Article 265 A criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily executed outside prison under any of the following circumstances:
(I) have serious diseases and need to be released on bail for medical treatment;
(II) women who are pregnant or breastfeeding their own babies;
If the (III) cannot take care of themselves, the temporary execution outside prison shall not endanger society.
A criminal sentenced to life imprisonment may be temporarily sentenced outside prison under the circumstances specified in Item 2 of the preceding paragraph.
Criminals who may be socially dangerous for medical treatment outside the prison, or criminals who injure themselves and mutilate themselves, shall not be released on medical treatment outside the prison.
If a criminal has a serious illness and must be released on bail for medical treatment, the hospital designated by the provincial people's government shall make a diagnosis and issue a certificate.
Before delivery for execution, temporary execution outside prison shall be decided by the people's court that delivered for execution; after delivery for execution, the prison or detention center shall submit a written opinion on temporary execution outside prison and submit it to the prison management organ at or above the provincial level or the public security organ at or above the municipal level divided into districts for approval.
Article 266 Where a prison or detention house puts forward a written opinion on temporary execution outside prison, it shall send a copy of the written opinion to the people's procuratorate. The people's procuratorate may submit written opinions to the decision or approval organ.
Article 267 The organ that decides or approves temporary execution outside prison shall send a copy of the decision on temporary execution outside prison to the People's Procuratorate. If the people's procuratorate considers that the temporary execution outside prison is improper, it shall, within one month from the date of receiving the notice, send its written opinions to the organ that made the decision or approved the temporary execution outside prison, and the organ that made the decision or approved the temporary execution outside prison shall, after receiving the written opinions of the people's procuratorate, immediately re-examine the decision.
Article 268 A prisoner who is temporarily serving sentence outside prison shall be admitted to prison without delay under any of the following circumstances:
The (I) discovers that it does not meet the conditions for temporary execution outside prison;
(II) serious violations of the relevant provisions on the supervision and management of temporary execution outside prison;
After the circumstances of the (III)'s temporary execution outside prison have disappeared, the offender has not completed his sentence.
If the people's court decides that a prisoner who is temporarily executed outside prison should be put into prison, the people's court shall make a decision and serve the relevant legal documents to the public security organ, prison or other executing organ.
If a criminal who does not meet the conditions for temporary execution outside prison is temporarily executed outside prison by illegal means such as bribery, the period of execution outside prison shall not be counted as the term of execution of the sentence. If a criminal escapes during the period of temporary execution outside prison, the period of escape shall not be counted as the term of execution of the sentence.
If a prisoner dies during the period of temporary execution outside prison, the executing organ shall promptly notify the prison or detention center.
Article 269 A criminal who has been sentenced to public surveillance, probation, parole or temporary execution outside prison shall be subject to community correction in accordance with the law, and the community correction institution shall be responsible for the execution.
Article 270 A criminal sentenced to deprivation of political rights shall be executed by a public security organ. Upon the expiration of the period of execution, the executing organ shall notify the person, his unit and the grass-roots organization of the place of residence in writing.
Article 171 If a criminal sentenced to a fine fails to pay the fine at the expiration of the time limit, the people's court shall compel the payment; if it is really difficult to pay the fine due to an irresistible disaster or other reasons, the payment may be postponed, reduced or exempted upon the ruling of the people's court.
Article 272 All judgments on confiscation of property, whether applied additionally or independently, shall be executed by the people's courts; when necessary, they may be executed jointly with the public security organs.
Article 273 If a prisoner commits another crime while serving his sentence, or if he discovers a crime that was not discovered at the time of judgment, the executing organ shall transfer the case to a People's Procuratorate for handling.
When a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment does repent or perform meritorious service during the period of execution, and his sentence should be commuted or paroled according to law, the executing organ shall submit a proposal to the people's court for examination and ruling, and a copy of the proposal shall be sent to the people's Procuratorate. The people's procuratorate may submit a written opinion to the people's court.
Article 274 If a people's procuratorate considers that a people's court's ruling on commutation or parole is improper, it shall, within 20 days after receiving a copy of the ruling, submit a written corrective opinion to the people's court. The people's court shall, within one month after receiving the corrective opinion, reconstitute a collegial panel to conduct the trial and make a final decision.
Article 275 If, during the execution of a criminal punishment, a prison or other executing organ believes that there is an error in the judgment or if the prisoner makes a complaint, it shall refer the matter to the people's procuratorate or the people's court that made the original judgment for handling.
Article 276 The People's Procuratorates shall supervise the execution of criminal punishments by the executing organs to see if their activities are lawful. If any violation of the law is found, the executing organ shall be notified to correct it.
 
Part V Special procedures
Chapter I Proceedings for Juvenile Criminal Cases
Article 277
The principle of education, probation and rescue shall be implemented for minors who commit crimes, and the principle of giving priority to education and supplemented by punishment shall be adhered.
The people's courts, people's procuratorates and public security organs shall ensure that minors exercise their litigation rights and receive legal assistance in handling juvenile criminal cases, which shall be undertaken by judges, prosecutors and investigators who are familiar with the physical and mental characteristics of minors.
Article 278 If a juvenile criminal suspect or defendant does not entrust a defender, the people's court, the people's procuratorate, and the public security organ shall notify the legal aid agency to appoint a lawyer to provide defense for him.
Article 279 Public security organs, people's procuratorates, and people's courts handling juvenile criminal cases may, according to the circumstances, investigate the growth experience, causes of crime, guardianship and education of juvenile criminal suspects and defendants.
Article 280 The application of arrest measures to juvenile criminal suspects and defendants shall be strictly restricted. When the people's procuratorate examines and approves the arrest and the people's court decides on the arrest, it shall interrogate the juvenile criminal suspect or defendant and listen to the opinions of the defense lawyer.
Minors and adults who are detained, arrested or executed shall be separately detained, managed and educated separately.
Article 281 In criminal cases involving minors, during interrogation and trial, the legal representative of the juvenile criminal suspect or defendant shall be notified to be present. If it is impossible to notify, the legal representative cannot be present, or the legal representative is an accomplice, you can also notify the juvenile criminal suspect, other adult relatives of the defendant, representatives of the school, unit, residence grassroots organization or minor protection organization to be present, And record the relevant information. The legal representative present may exercise the litigation rights of the juvenile criminal suspect or defendant on his behalf.
If the legal representative or other personnel present at the scene believes that the case-handling personnel have infringed upon the lawful rights and interests of minors during interrogation or trial, they may give their opinions. The transcripts of interrogations and court transcripts shall be handed over to the legal representative or other personnel present to read or read to him.
When interrogating female juvenile criminal suspects, female staff members shall be present.
In the trial of juvenile criminal cases, after the final statement of the juvenile defendant, his legal representative may make supplementary statements.
The provisions of paragraphs 1, 2 and 3 shall apply to the questioning of minor victims and witnesses.
Article 282 Suspected minorsCriminal LawIf the crimes specified in Chapters IV, V and VI of the sub-rules may be sentenced to fixed-term imprisonment of not more than one year and meet the conditions for prosecution, but there is a manifestation of repentance, the People's Procuratorate may make a conditional decision not to prosecute. Before making a conditional decision not to initiate a prosecution, the people's procuratorate shall listen to the opinions of the public security organ and the victim.
If the public security organ requests reconsideration, submits for review or appeals by the victim for a conditional decision not to prosecute, the provisions of Articles 179 and 180 of this Law shall apply.
If a juvenile criminal suspect and his legal representative disagree with the People's Procuratorate's decision to conditionally not prosecute, the People's Procuratorate shall make a decision to prosecute.
Article 283 During the test period of conditional non-prosecution, the People's Procuratorate shall conduct supervision and inspection of juvenile criminal suspects who are subject to conditional non-prosecution. The guardian of a juvenile criminal suspect shall strengthen discipline and education of the juvenile criminal suspect and cooperate with the people's procuratorate in supervision and inspection.
The test period for conditional non-prosecution shall be not less than six months but not more than one year, and shall be counted from the date on which the People's Procuratorate makes the decision of conditional non-prosecution.
Juvenile criminal suspects who are subject to conditional non-prosecution shall abide by the following provisions:
(I) abide by laws and regulations and obey supervision;
(II) report their own activities in accordance with the regulations of the inspection organ;
If the (III) leaves the city or county where he or she lives or relocates, it shall be reported to the inspection organ for approval;
(IV) receive corrective treatment and education in accordance with the requirements of the inspection agency.
Article 284: If a juvenile criminal suspect who is conditionally not prosecuted has one of the following circumstances during the examination period, the People's Procuratorate shall revoke the conditional non-prosecution decision and initiate a public prosecution:
If the (I) commits a new crime or discovers that there are other crimes to be prosecuted before the decision not to prosecute is made with conditions;
(II) violates the provisions on the administration of public security or the supervision and administration regulations of the inspection organ on conditional non-prosecution, and the circumstances are serious.
If a juvenile criminal suspect who has been conditionally not prosecuted does not have the above-mentioned circumstances during the test period, and the test period expires, the People's Procuratorate shall make a decision not to prosecute.
Article 285 Cases in which the defendant is under the age of 18 at the time of trial shall not be heard in public. However, with the consent of the minor defendant and his legal representative, the school where the minor defendant belongs and the minor protection organization may send representatives to the scene.
Article 286 Where a person is under the age of 18 at the time of the crime and is sentenced to fixed-term imprisonment of not more than five years, the relevant criminal record shall be sealed.
If a criminal record is sealed, it shall not be provided to any unit or individual, except that the judicial organ needs to handle the case or the relevant unit makes inquiries in accordance with the provisions of the state. Units that make inquiries in accordance with the law shall keep the sealed criminal records confidential.
Article 287 Criminal cases involving minors shall be handled in accordance with the provisions of this Law, except as provided for in this Chapter.
 
Chapter II Proceedings of Public Prosecution Cases of Reconciliation between the Parties
Article 288
In the following public prosecution cases, the criminal suspect or defendant sincerely repents and obtains the victim's understanding by compensating the victim for losses and apologizing. If the victim voluntarily reconciles, both parties may reconcile:
(I) caused by civil disputes, suspectedCriminal LawFor the crimes specified in Chapters IV and V of the sub-rules, a sentence of not more than three years' imprisonment may be imposed;
(II) cases of negligent crimes other than crimes of dereliction of duty that may be sentenced to seven years' imprisonment or less.
If a criminal suspect or defendant has committed an intentional crime within five years, the procedures provided for in this chapter shall not apply.
Article 289 Where the two parties reconcile, the public security organ, the people's procuratorate, and the people's court shall listen to the opinions of the parties and other relevant persons, review the voluntariness and legality of the reconciliation, and preside over the preparation of a reconciliation agreement.
Article 290 For a case in which a settlement agreement has been reached, the public security organ may make a proposal to the People's Procuratorate for lenient treatment. The people's procuratorate may propose to the people's court a lenient punishment; if the circumstances of the crime are minor and it is not necessary to impose a penalty, it may make a decision not to prosecute. The people's court may, in accordance with law, impose a lenient punishment on the defendant.
 
Chapter III Procedure for Trial in Absentia
Article 291
For cases of corruption and bribery, as well as cases of crimes that require timely trials, crimes that seriously endanger national security and terrorist activities approved by the Supreme People's Procuratorate, criminal suspects and defendants are abroad, supervisory organs and public security organs are transferred for prosecution, and the People's Procuratorate believes that the crime If the facts have been investigated, the evidence is true and sufficient, and criminal responsibility should be investigated in accordance with the law, a public prosecution may be filed with the people's court. After review, the people's court shall decide to hold a trial if there are clear facts of the alleged crime in the indictment and the conditions for the application of the trial by default procedure are met.
The case mentioned in the preceding paragraph shall be tried by a collegial panel composed of the place where the crime was committed, the place of residence of the defendant before his departure, or the intermediate people's court designated by the Supreme People's Court.
Article 292 The people's court shall serve a subpoena and a copy of the indictment of the people's procuratorate on the defendant through the means of judicial assistance provided for in the relevant international treaties or through diplomatic channels, or other means permitted by law in the place where the defendant is located. After the summons and the copy of the indictment are served, if the defendant fails to attend the case as required, the people's court shall hold a hearing, make a judgment in accordance with the law, and deal with the illegal income and other property involved in the case.
Article 293 If a people's court is trying a case by default, the defendant shall have the right to entrust a defender, and a near relative of the defendant may entrust a defender on his behalf. If the defendant and his close relatives have not entrusted a defender, the people's court shall notify the legal aid institution to assign a lawyer to provide defense for him.
Article 294 The people's court shall serve the written judgment on the defendant, his near relatives and defenders. If the defendant or his near relative refuses to accept the judgment, he shall have the right to appeal to the people's court at the next higher level. A defender may, with the consent of the defendant or his near relatives, file an appeal.
If the people's procuratorate considers that the judgment of the people's court is indeed wrong, it shall lodged a protest with the people's court at the next higher level.
Article 295 In the course of trial, if the defendant voluntarily surrendered or was arrested, the people's court shall retry the case.
If a criminal comes to the case after the judgment or ruling has become legally effective, the people's court shall deliver the criminal to be executed. Before handing over the sentence for execution, the people's court shall inform the offender of the right to object to the judgment or ruling. If the prisoner objects to the judgment or ruling, the people's court shall retry the case.
If the handling of the offender's property in accordance with the effective judgment or ruling is indeed wrong, it shall be returned and compensated.
Article 296 If the defendant is unable to appear in court because of a serious illness, the trial has been suspended for more than six months, and the defendant is still unable to appear in court, and the defendant and his legal representative or close relatives apply for or agree to resume the trial, the people's court may The defendant is absent from the trial and makes a judgment in accordance with the law.
Article 297 If the defendant dies, the people's court shall rule to terminate the trial, but if there is evidence to prove the defendant's innocence, and the people's court confirms his innocence by default, it shall make a judgment according to law.
In a case retried by a people's court in accordance with the procedure for trial supervision, if the defendant is dead, the people's court may try the case by default and make a judgment in accordance with the law.
 
Chapter IV Confiscation Procedures for the Illegal Proceeds of Criminal Suspects and Defendants in Cases of Escape and Death
Article 198
For major crimes such as corruption and bribery crimes and terrorist activities, the criminal suspect or defendant escapes and cannot appear in the case after the wanted one year, or the criminal suspect or defendant dies, accordingCriminal LawIf it is stipulated that the illegal income and other property involved in the case should be recovered, the people's procuratorate may apply to the people's court for confiscation of the illegal income.
If the public security organ considers that there are circumstances specified in the preceding paragraph, it shall write out an opinion on the confiscation of illegal income and transfer it to the people's procuratorate.
An application for confiscation of illegal income shall provide evidentiary materials related to the facts of the crime and the illegal income, and specify the type, quantity and location of the property and the circumstances of the seizure, seizure or freezing.
When necessary, the people's court may seal up, seize or freeze the property for which confiscation is applied.
Article 299 An application for confiscation of illegal proceeds shall be heard by a collegial panel formed by the intermediate people's court in the place where the crime was committed or in the place where the criminal suspect or defendant resides.
After accepting the application for confiscation of illegal income, the people's court shall issue a public announcement. The announcement period is six months. The close relatives and other interested parties of a criminal suspect or defendant shall have the right to apply for participation in the proceedings, or may entrust agents ad litem to participate in the proceedings.
The people's court shall hear the application for confiscation of illegal income after the expiration of the public announcement period. If an interested party participates in the proceedings, the people's court shall hold a hearing.
Article 300 The people's court shall, after trial, order to confiscate the illegal income and other property involved in the case, except for the return of the victim in accordance with the law; for property that does not belong to the property that should be recovered, it shall order to reject the application and lift the seizure and seizure., Seizure, freezing measures.
With respect to the ruling made by the people's court in accordance with the provisions of the preceding paragraph, the criminal suspect, the defendant's close relatives and other interested parties or the people's procuratorate may appeal or protest.
Article 310 In the course of trial, if a criminal suspect or defendant who is at large voluntarily surrenders or is arrested, the people's court shall terminate the trial.
If the confiscation of the property of a criminal suspect or defendant is truly wrong, it shall be returned and compensated.
 
Chapter V Procedures for Compulsory Medical Treatment of Mental Patients Not Responsible for Criminal Responsibility According to Law
Article 102
Mental patients who commit acts of violence, endanger public security or seriously endanger the personal safety of citizens, and who are identified by legal procedures as not liable for criminal responsibility in accordance with the law, may be given compulsory medical treatment if they are likely to continue to endanger society.
Article 303 Compulsory medical treatment for a mental patient in accordance with the provisions of this Chapter shall be decided by the people's court.
If the public security organ finds that a mental patient meets the conditions for compulsory medical treatment, it shall write an opinion on compulsory medical treatment and transfer it to the people's procuratorate. If a mental patient transferred by a public security organ or found in the course of examination and prosecution meets the conditions for compulsory medical treatment, the people's procuratorate shall apply to the people's court for compulsory medical treatment. If the people's court finds that the defendant meets the conditions for compulsory medical treatment in the course of hearing the case, it may make a decision on compulsory medical treatment.
For mental patients who have committed violent acts, the public security organs may take temporary protective restraint measures before the people's court decides on compulsory medical treatment.
Article 204 After accepting an application for compulsory medical treatment, the people's court shall form a collegial panel to hear the case.
When hearing a case of compulsory medical treatment, the people's court shall notify the respondent or the legal representative of the defendant to be present. If the respondent or defendant has not entrusted an agent ad litem, the people's court shall notify the legal aid institution to assign a lawyer to provide legal assistance to him.
Article 305 The people's court shall, after hearing the case, make a decision on compulsory medical treatment within one month if the respondent or defendant meets the conditions for compulsory medical treatment.
If the person who has been decided on compulsory medical treatment, the victim and his legal representative or close relatives are not satisfied with the decision on compulsory medical treatment, they may apply to the people's court at the next higher level for reconsideration.
Article 406 Compulsory medical institutions shall regularly conduct diagnostic evaluations of persons subject to compulsory medical treatment. For those who are no longer personally dangerous and do not need to continue compulsory medical treatment, they shall promptly put forward their opinions on lifting them and submit them to the people's court that decided on compulsory medical treatment for approval.
The person subject to compulsory medical treatment and his close relatives shall have the right to apply for the lifting of compulsory medical treatment.
Article 107 The people's procuratorates shall supervise the decision on and implementation of compulsory medical treatment.
 
Supplementary Provisions
Article 338
The military security department exercises the power of investigation in criminal cases that occur within the military.
The China Coast Guard performs its duty of safeguarding maritime rights and law enforcement, and exercises its investigative powers over criminal cases occurring at sea.
Cases of crimes committed by criminals in prison are investigated by the prison.
The relevant provisions of this Law shall apply to the handling of criminal cases by military security departments, the China Maritime Police Bureau and prisons.