(adopted at the second session of the Fifth National People's Congress on July 1, 1979, and amended for the first time in accordance with the decision on Amending the criminal procedure law of the people's Republic of China adopted at the fourth session of the Eighth National People's Congress on March 17, 1996 According to the second amendment to the decision on Amending the criminal procedure law of the people's Republic of China adopted at the fifth session of the Eleventh National People's Congress on March 14, 2012, and the third amendment to the decision on Amending the criminal procedure law of the people's Republic of China adopted at the sixth meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018)
catalog
Part I General Provisions
Chapter I tasks and basic principles
Chapter II Jurisdiction
Chapter III challenge
Chapter IV defense and agency
Chapter V evidence
Chapter VI Compulsory Measures
Chapter VII incidental civil actions
Chapter VIII time limit and service
Chapter IX other provisions
Part II filing, investigation and public prosecution
Chapter I filing a case
Chapter II investigation
Section 1 General Provisions
Section 2 interrogation of criminal suspects
Section 3 questioning witnesses
Section 4 inspection and inspection
Section 5 search
Section 6 sealing up and detaining material evidence and documentary evidence
Section 7 appraisal
Section 8 technical investigation measures
Section 9 wanted
Section 10 conclusion of investigation
Section 11 investigation of cases directly accepted by the people's Procuratorates
Chapter III initiation of public prosecution
Part III trial
Chapter I trial organization
Chapter II procedure of first instance
Section 1 cases of public prosecution
Section 2 cases of private prosecution
Section 3 summary procedure
Section 4 quick procedure
Chapter III procedure of second instance
Chapter IV Procedure for review of death penalty
Chapter V Procedure of trial supervision
Part IV Execution
Part V special procedures
Chapter I procedure of juvenile criminal cases
Chapter II litigation procedure of public prosecution cases in which the parties are reconciled
Chapter III default trial procedure
Chapter IV procedures for confiscation of illegal gains in cases of criminal suspects and defendants escaping, hiding or dying
Chapter V compulsory medical procedures for mental patients who are not liable for criminal responsibility according to law
supplementary articles
Article 16 under any of the following circumstances, no criminal responsibility shall be investigated. If the case has been investigated, the case shall be revoked, or the prosecution shall not be initiated, or the trial shall be terminated, or the innocence shall be declared:
（1） If the circumstances are obviously minor and the harm is not serious, it is not considered as a crime;
（2） The limitation period for prosecution has expired;
（3） Having been exempted from punishment by special amnesty;
（4） Where a complaint is not made or the complaint is withdrawn in accordance with the criminal law;
（5） The criminal suspect or defendant dies;
（6） Those who are exempted from criminal responsibility according to other laws.
Article 17 the provisions of this Law shall apply to the criminal responsibility of foreigners who commit crimes.
If a foreigner who enjoys diplomatic privileges and immunity commits a crime and should be investigated for criminal responsibility, it shall be solved through diplomatic channels.
Article 18 in accordance with the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, Chinese judicial organs and foreign judicial organs may ask each other for criminal judicial assistance.

Chapter II Jurisdiction
Article 19
The investigation of criminal cases shall be conducted by public security organs, unless otherwise provided by law.
In exercising legal supervision over litigation activities, the people's Procuratorate may file a case for investigation into any crime that infringes upon citizens' rights and impairs judicial justice, such as illegal detention, extorting confessions by torture, illegal search, etc., committed by judicial personnel by taking advantage of their functions and powers. When a major criminal case committed by a state functionary under the jurisdiction of a public security organ by taking advantage of his power and power needs to be directly accepted by the people's Procuratorate, the case may be placed on file for investigation by the people's Procuratorate at or above the provincial level.
Private prosecution cases 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 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:
（1） Cases of endangering national security and terrorist activities;
（2） Cases that may be sentenced to life imprisonment or death penalty.
Article 22 criminal cases of first instance under the jurisdiction of the higher people's court are major criminal cases of a provincial (autonomous region or municipality directly under the central government).
Article 23 criminal cases of first instance under the jurisdiction of the Supreme People's court are major national criminal cases.
Article 24 when necessary, a people's court at a higher level may try criminal cases of first instance under the jurisdiction of a people's court at a lower level; if a people's court at a lower level considers a criminal case of first instance to be tried by a people's court at a higher level, it may request that the case be transferred to the people's court at the next higher level for trial.
Article 25 criminal cases shall be under the jurisdiction of the people's court in the place where the crime is committed. If it is more appropriate for the case to be tried by the people's court in the place where the defendant lives, it may be under the jurisdiction of the people's court in the place where the defendant lives.
Article 26 cases under the jurisdiction of several people's courts at the same level shall be tried by the people's court that initially accepted the case. When necessary, the case may be transferred to the people's Court of the place where the crime was committed.
Article 27 A People's court at a higher level may appoint a people's court at a lower level to try a case of unknown jurisdiction, or it may also appoint a people's court at a lower level to transfer the case to another people's court for trial.
Article 28 the jurisdiction of special people's courts shall be stipulated separately.

Chapter III challenge
Article 29
A judge, procurator or investigator shall withdraw on his own, and the parties and their legal representatives shall also have the right to require them to withdraw under any of the following circumstances:
（1） Being a party to the case or a near relative of the party concerned;
（2） He or his near relatives have an interest in the case;
（3） Having served as a witness, expert witness, defender or agent ad litem in the case;
（4） Having 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 an invitation or gift from the party concerned or the person entrusted by him, or meet with the party concerned or the person entrusted by him in violation of regulations.
If a judge, procurator or investigator violates the provisions of the preceding paragraph, he shall be investigated for legal responsibility according to law. The parties concerned and their legal representatives have the right to ask them to withdraw.
Article 31 the withdrawal of judges, procurators and investigators shall be decided by the president of the people's Procuratorate, the chief procurator and the person in charge of the public security organ; 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.
Before a decision is made on the withdrawal of the investigators, the investigators shall not stop the investigation of the case.
With regard to the decision of rejecting the application for withdrawal, the party concerned and his legal representative may apply for reconsideration once.
Article 32 the provisions of this chapter on withdrawal shall apply to clerks, translators and appraisers.
Defenders and agents ad litem may, in accordance with the provisions of this chapter, request withdrawal or apply for reconsideration.

Chapter IV defense and agency
Article 33
In addition to exercising the right of defense, a criminal suspect or defendant may entrust one or two persons as defenders. The following persons may be entrusted as defenders:
（1） Lawyers;
（2） Persons recommended by people's organizations or units of criminal suspects or defendants;
（3） Guardians, relatives and friends of the criminal suspect or defendant.
A person who is being punished or deprived or restricted of personal freedom according to law shall not serve as a defender.
A person who has been dismissed from public service or whose practice certificate of lawyer or notary has been revoked shall not act as a defender, except that he is the guardian or close relative of the criminal suspect or defendant.
Article 34 a criminal suspect shall have the right to entrust a defender from the date when he is interrogated for the first time by the investigation organ or when compulsory measures are taken; during the period of investigation, he may only entrust a lawyer as his defender. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against a criminal suspect, the investigation 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 entrust 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 act as the entrusted defender.
After accepting the entrustment of the criminal suspect or defendant, the defender shall inform the organ handling the case in a timely manner.
Article 35 If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or 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 lawyers to provide defense for them.
If the criminal suspect or defendant is blind, deaf or mute, or is a mental patient who has not completely lost the ability to identify 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 institution to appoint lawyers to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death penalty and has not entrusted a defender, the people's court, the people's Procuratorate and the public security organ shall notify the legal aid institution to appoint lawyers to provide defense for them.
Article 36 legal aid institutions may send lawyers on duty in places such as the people's courts and detention houses. If the criminal suspect or defendant has not entrusted a defender, and the legal aid agency has not appointed a lawyer to provide his defense, the lawyer on duty shall provide the criminal suspect or defendant with legal advice, suggestions on procedure selection, application for change of compulsory measures, and advice on case handling.
People's courts, people's procuratorates and detention houses shall inform criminal suspects and defendants of their right to meet lawyers on duty, and provide convenience for criminal suspects and defendants to meet lawyers on duty.
Article 37 the responsibility of a defender is to present, on the basis of facts and laws, materials and opinions on the innocence of a criminal suspect or defendant, a lesser crime, or a reduction or exemption from criminal responsibility, so as to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 38 during the period of investigation, defense lawyers may provide legal assistance to the criminal suspect; act as an agent to appeal or sue; apply for changes in compulsory measures; and obtain information from the investigation organ about the suspected charges of the criminal suspect and the relevant circumstances of the case, and put forward opinions.
Article 39 a defense lawyer may meet and correspond with a criminal suspect or defendant in custody. With the permission of the people's court or the people's Procuratorate, other defenders may also meet and communicate with the criminal suspect or defendant in custody.
If a defense lawyer requests to meet with a criminal suspect or defendant in custody on the strength of a lawyer's practice certificate, law firm certificate, power of attorney or legal aid official letter, the detention house shall arrange a meeting in a timely manner, no more than 48 hours at the latest.
In the case of crimes endangering national security or terrorist activities, when a defense lawyer meets a criminal suspect in custody during the period of investigation, he shall obtain the permission of the investigation organ. The investigation organ shall inform the detention house in advance of the above-mentioned cases.
When a defense lawyer meets with a criminal suspect or defendant in custody, he / she may understand the relevant situation of the case and provide legal advice; from the date when the case is transferred for examination and prosecution, he / she may verify the relevant evidence from the criminal suspect or defendant. Defense lawyers shall not be monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants under residential surveillance.
Article 40 defense lawyers may consult, extract and copy the file materials of the case from the date when the people's Procuratorate examines and prosecutes a case. With the permission of the people's court or the people's Procuratorate, other defenders may also consult, extract and copy the above-mentioned materials.
Article 41 If a defender considers that during the period of investigation, examination and prosecution, the public security organ or the people's Procuratorate has not submitted the evidential materials to prove the innocence of the criminal suspect or defendant or the light crime, he shall have the right to apply to the people's Procuratorate or the people's court for transfer.
Article 42 the evidence collected by defenders concerning the fact that the criminal suspect is not at the scene of a crime, has not reached the age of criminal responsibility and belongs to a mental patient who is not liable for criminal responsibility according to law, shall promptly inform the public security organ and the people's Procuratorate.
Article 43 with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, or may 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 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 close relatives or the 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 to conceal, destroy or forge evidence or collude with others in concealing, destroying or falsifying evidence, or intimidate or induce witnesses to give perjury or engage in other acts of interfering with the judicial organs' litigation activities.
Those who violate the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ handling the case undertaken by the defender. If the defender is a lawyer, he shall promptly notify his law firm or his affiliated Lawyers Association.
Article 45 in the course of a trial, the defendant may refuse his defender to continue to defend him, or he may entrust another defender to defend him.
Article 46 a victim in a case of public prosecution and his legal representatives or near relatives, and a party to an incidental civil action and his or her legal representatives shall have the right to entrust agents ad litem from the date on which the case is transferred for examination and prosecution. Private prosecutors and their legal representatives in private prosecution cases, and parties in incidental civil actions and their legal representatives shall have the right to entrust agents ad litem at any time.
The people's Procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the victims and their legal representatives or their close relatives, the parties to an 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 a case of private prosecution, inform the private prosecutor and his legal representatives, and the parties to an incidental civil action and their legal representatives that they have the right to entrust agents ad litem.
Article 47 the appointment of an agent ad litem shall be governed by reference to the provisions of Article 33 of this law.
Article 48 a defense lawyer shall have the right to keep confidential the relevant information and information of the client known in his practice. However, if a defense lawyer knows that the client or other person is preparing or is carrying out a crime that endangers national security, public security or seriously endangers the personal safety of others, he shall inform the judicial organ in a timely manner.
Article 49 If a defender or agent ad litem considers that a public security organ, a people's Procuratorate, a people's court or their staff obstructs them from exercising their litigation rights according to law, they shall have the right to appeal to or file a complaint with the people's Procuratorate at the same or higher level. The people's Procuratorate shall examine the complaint or complaint in a timely manner, and if the situation is true, it shall notify the relevant authorities to make corrections.

Chapter V evidence
Article 50
The materials that can be used to prove the facts of a case are all evidences.
The evidence includes:
（1） Material evidence;
（2） Documentary evidence;
（3） Witness testimony;
（4） The victim's statement;
（5） Confession and defense of criminal suspects and defendants;
（6） Appraisal opinions;
（7） Records of inquisition, inspection, identification and investigation experiments;
（8） Audio visual materials, electronic data.
Evidence must be verified before it can be used as the basis for a final decision.
Article 51 in a case of public prosecution, the burden of proof of the defendant's guilt shall be borne by the people's Procuratorate, while in a case of private prosecution, the burden of proof for the defendant's guilt 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 the criminal suspect or defendant and the seriousness of the crime. It is strictly forbidden to extort confessions by torture and to collect evidence by threatening, luring, deceiving or other illegal methods, and no one shall be forced to prove his guilt. It is necessary to ensure that all citizens who are concerned with the case or who know the facts of the case have the conditions to objectively and fully provide evidence. Except in special circumstances, they can be recruited to assist in the investigation.
Article 53 the public security organ's request for approval of arrest, the indictment of the people's Procuratorate and the judgment of the people's court must be faithful to the truth of the facts. Whoever intentionally conceals the truth of the facts shall be investigated for responsibility.
Article 54 the people's courts, people's procuratorates and public security organs shall have the right to collect and obtain evidence from relevant units and individuals. Relevant units and individuals shall provide evidence truthfully.
Material evidence, documentary evidence, audio-visual materials, electronic data and other evidential materials collected by administrative organs in the process of administrative law enforcement and investigation and handling of cases can be used as evidence in criminal proceedings.
Evidence involving state secrets, trade secrets and personal privacy shall be kept confidential.
Whoever forges, conceals or destroys evidence must be investigated by law, no matter where it belongs.
Article 55 in sentencing all cases, emphasis should be placed on evidence, investigation and research, and oral confession should not be credulous. If only the defendant confesses and there is no other evidence, the defendant can not be found guilty and punished; if there is no confession of the defendant and the evidence is reliable and sufficient, the defendant can be found guilty and punished.
If the evidence is reliable and sufficient, the following conditions shall be met:
（1） The facts of conviction and sentencing are proved by evidence;
（2） The evidence based on the verdict has been verified by legal procedures;
（3） Based on the evidence of the whole case, reasonable doubt has been excluded from the facts.
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 threat shall be excluded. If the collection of material evidence or documentary evidence does not conform to the legal procedures and may seriously affect the judicial justice, it shall be supplemented and corrected or a reasonable explanation shall be made; if it is unable to make corrections or make a reasonable explanation, the evidence shall be excluded.
If any evidence that should be excluded is found in the course of investigation, examination, prosecution or trial, it shall be excluded according to law and shall not be used as the basis for prosecution opinions, prosecution decisions and judgments.
Article 57 When a people's Procuratorate receives a report, accusation, report or discovers that investigators have collected evidence illegally, 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 considers that there may be an illegal collection of evidence as provided for in Article 56 of this law, the judge shall conduct a court investigation into the legality of the evidence collection.
The parties and their defenders and agents ad litem have the right to apply to the people's court to exclude evidence collected by illegal means according to law. If an application is made to exclude evidence collected by illegal means, relevant clues or materials shall be provided.
Article 59 in the process of court investigation into 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 the 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 explain the situation in court. Relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the people's court, the relevant personnel shall appear in court.
Article 60 Where, after a court hearing, it is confirmed or cannot be ruled out that there is an illegal way to collect evidence 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 the basis for deciding a case. When a court finds out that a witness intentionally gives false testimony or conceals criminal evidence, it shall deal with it according to law.
Article 62 anyone who knows the circumstances of a case shall have the obligation to testify.
A person who is physically or mentally defective or is young, unable to distinguish right from wrong, or unable to correctly express himself, shall not be a witness.
Article 63 the people's courts, people's procuratorates and public security organs shall guarantee the safety of witnesses and their close relatives.
Those who threaten, insult, beat or retaliate against a witness or his close relatives, if the case constitutes a crime, shall be investigated for criminal responsibility according to law; if the case is not serious enough for criminal punishment, he shall be punished for public security administration according to law.
Article 64 in the case of crimes endangering State security, terrorist activities, organized crimes of underworld nature, drug-related crimes, etc., where the personal safety of the witness, expert witness or victim is in danger because of testifying in the proceedings, the people's court, the people's Procuratorate and the public security organ shall take one or more of the following protection measures:
（1） Personal information such as real name, address and work unit shall not be disclosed;
（2） Take measures such as not exposing appearance and true voice to testify in court;
（3） It is forbidden for specific personnel to contact witnesses, expert witnesses, victims and their close relatives;
（4） Special measures should be taken to protect people and houses;
（5） Other necessary protective measures.
If a witness, expert witness or victim considers that the personal safety of himself or his close relatives is in danger because of testifying in a lawsuit, he may request protection from the people's court, the people's Procuratorate or the public security organ.
When the people's courts, people's procuratorates and public security organs take protective measures according to law, relevant units and individuals shall cooperate.
Article 65 the expenses of transportation, accommodation, dining and other expenses incurred by a witness in performing his duty as a witness shall be subsidized. The subsidies for witnesses to testify shall be included in the business funds of judicial organs, and shall be guaranteed by the finance of the governments at the same level.
If a witness who has a working unit gives testimony, his / her unit may not deduct or change his / her salary, bonus and other welfare benefits.

Chapter VI Compulsory Measures
Article 66
The people's court, the people's Procuratorate and the public security organ may, according to the circumstances of the case, summon the criminal suspect or defendant by force, obtain a guarantor pending trial or place him under residential surveillance.
Article 67 the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial against a criminal suspect or defendant in any of the following circumstances:
（1） Those who may be sentenced to public surveillance, criminal detention or independent application of additional punishment;
（2） Those who are likely to be sentenced to fixed-term imprisonment or more, and taking bail pending trial will not cause social danger;
（3） A woman who is suffering from a serious disease, is unable to take care of herself, is pregnant or is breast-feeding her own baby, and has taken a bail pending trial to avoid social danger;
（4） When the term of custody has expired and the case has not been settled, it is necessary to obtain a guarantor pending trial.
The bail pending trial shall be executed by the public security organ.
Article 68 when the people's court, the people's Procuratorate and the public security organ decide to obtain a guarantor pending trial on a criminal suspect or defendant, it shall order the criminal suspect or defendant to provide a guarantor or pay a security deposit.
Article 69 A surety must meet the following conditions:
（1） It is not involved in this case;
（2） Have the ability to perform the guarantee obligation;
（3） They enjoy political rights and personal freedom is not restricted;
（4） Have a fixed residence and income.
Article 70 a surety shall perform the following obligations:
（1） To supervise the guarantors to abide by the provisions of Article 71 of this law;
（2） If it is found that the guarantor may or has committed any act in violation of the provisions of Article 71 of this law, it shall promptly report to the executing organ.
If the surety commits an act in violation of the provisions of Article 71 of this Law and the guarantor fails to perform his suretyship obligation, the guarantor shall be fined. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 71 A criminal suspect or defendant who has been released on bail shall abide by the following provisions:
（1） They shall not leave the city or county where they live without the approval of the executing organ;
（2） In case of any change in address, work unit or contact information, it shall be reported to the executive organ within 24 hours;
（3） Arrive at the case in time when summoned;
（4） They shall not interfere in any form with the testimony of witnesses;
（5） They shall not destroy or forge 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 has been released on bail to abide by one or more of the following provisions:
（1） Do not enter specific places;
（2） They shall not meet or communicate with specific personnel;
（3） Not to engage in specific activities;
（4） The passport and other exit and entry documents and driving documents shall be submitted to the executing organ for preservation.
If a criminal suspect or defendant who has obtained a guarantor pending trial has paid the security deposit in violation of the provisions of the preceding two paragraphs, part or all of the deposit shall be confiscated, and the criminal suspect or defendant shall be ordered to sign a statement of repentance, pay the deposit again, provide a guarantor, or be placed under surveillance or arrested.
If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first.
Article 72 the decision-making organ of a guarantor pending trial shall determine the amount of the guaranty money by comprehensively considering the need to ensure the normal conduct of the litigation activities, the social danger of the person on bail, the nature and circumstances of the case, the severity of the penalty that may be imposed, and the economic situation of the person on bail.
The person providing the security deposit shall deposit the deposit into a special account of the bank designated by the executing organ.
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 bail pending trial, collect the returned deposit from the bank on the strength of the notice of releasing the guarantor pending trial or the relevant legal documents.
Article 74 the people's court, the people's Procuratorate and the public security organ may house under residential surveillance a criminal suspect or defendant who meets the conditions for arrest and is in any of the following circumstances:
（1） Suffering from serious diseases and unable to take care of themselves;
（2） A woman who is pregnant or breast-feeding her own baby;
（3） It is the only supporter of people who can't take care of themselves;
（4） Because of the special circumstances of the case or the need of handling the case, it is more appropriate to take residential surveillance measures;
（5） When the term of custody has expired and the case has not been settled, residential surveillance measures shall be taken.
If the conditions for obtaining a guarantor pending trial are met, but the criminal suspect or defendant is unable to provide a guarantor or pay a security deposit, he may be subject to residential surveillance.
Residential surveillance shall be carried out by the public security organ.
Article 75 residential surveillance shall be carried out at the residence of the criminal suspect or defendant; if there is no fixed residence, residential surveillance may be carried out at the designated residence. For a crime suspected of endangering national security or terrorist activities, the execution of which may hinder the investigation, may also be carried out at the designated residence with the approval of the public security organ at the next higher level. However, they shall not be executed in places of custody or special places for handling cases.
In the case of residential surveillance in a designated residence, the family members of the person under residential surveillance shall be notified within 24 hours after the execution of residential surveillance, except for those that cannot be notified.
The provisions of Article 34 of this Law shall apply to the entrustment of defenders by criminal suspects and defendants under residential surveillance.
The people's Procuratorate shall exercise supervision over the legality of the decision and execution of residential surveillance at the designated residence.
Article 76 The term of residential surveillance at a designated residence shall be converted into the term of imprisonment. If a person is sentenced to public surveillance, one day of residential surveillance is equivalent to one day of his sentence; if he is sentenced to criminal detention or fixed-term imprisonment, two days of residential surveillance shall be equivalent to one day of his sentence.
Article 77 a criminal suspect or defendant under residential surveillance shall abide by the following provisions:
（1） Not to leave the place where residential surveillance is carried out without the approval of the executing organ;
（2） Without the approval of the executing organ, they shall not meet or communicate with others;
（3） Arrive at the case in time when summoned;
（4） They shall not interfere in any form with the testimony of witnesses;
（5） It is not allowed to destroy or forge evidence or collude with others to make confessions;
（6） The passport and other exit and entry documents, identity documents and driving documents shall be submitted to the executing 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 it is necessary to arrest, the criminal suspect or defendant may be detained first.
Article 78 the executing organ may, by means of electronic monitoring and irregular inspection, supervise the compliance of the criminal suspect or defendant under residential surveillance with the provisions on residential surveillance; during the period of investigation, it may monitor the communication of the criminal suspect under residential surveillance.
Article 79 the longest period for a people's court, people's Procuratorate or public security organ to obtain a guarantor for a criminal suspect or defendant pending trial shall not exceed 12 months, and the longest period of residential surveillance shall not exceed six months.
During the period of obtaining a guarantor pending trial or residential surveillance, the investigation, prosecution and trial of a case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of bail pending trial or residential surveillance has expired, the guarantor pending trial or residential surveillance shall be terminated in a timely manner. The person who has been released on bail pending trial or residential surveillance and the relevant units shall be informed 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 executed by a public security organ.
Article 81 a criminal suspect or defendant who has evidence to prove that he has criminal facts and is likely to be sentenced to a penalty of not less than imprisonment shall be arrested if his bail pending trial is not sufficient to prevent the occurrence of the following social dangers:
（1） It is possible to commit a new crime;
（2） There is a real danger of endangering national security, public security or social order;
（3） Those who are likely to destroy or forge evidence, interfere with witnesses' testimony or collude in Confessions;
（4） Those who may retaliate against the victim, informant or accuser;
（5） Attempting to commit suicide or escape.
In approving or deciding to arrest, the nature and circumstances of the suspected crime of the criminal suspect or defendant, as well as the confession and punishment, shall be taken as the consideration factors for the possibility of social danger.
If there is evidence to prove that there are facts of a crime, and the penalty may be fixed-term imprisonment of not less than 10 years, or if there is evidence to prove that there are criminal facts and the penalty may be more than imprisonment, the offender shall be arrested if he has committed an intentional crime or his identity is unknown.
If a criminal suspect or defendant who has been released on bail pending trial or under residential surveillance violates the provisions on bail pending trial or residential surveillance and the circumstances are serious, he may be arrested.
Article 82 a public security organ may first detain an active criminal or a major suspect under any of the following circumstances:
（1） Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
（2） The victim or the person who saw it with his own eyes identifies him as committing a crime;
（3） Where criminal evidence is found nearby or at his residence;
（4） Attempting to commit suicide, escape or at large after committing a crime;
（5） It is possible to destroy or forge evidence or collude in Confessions;
（6） Failing to give his real name and address, and his identity is unknown;
（7） There are serious suspects of committing crimes from one place to another, repeatedly or in collusion.
Article 83 when executing a detention or arrest in another place, the public security organ shall notify the public security organ in the place where the detainee or arrestee is located, and the public security organ in the place where the detainee or arrestee is located shall cooperate.
Article 84 Any citizen may immediately seize and deliver a person under the following circumstances to a public security organ, a people's Procuratorate or a people's court for handling:
（1） Committing a crime or being discovered immediately after committing a crime;
（2） Wanted on the record;
（3） Escaping from prison;
（4） They're being hunted.
Article 85 when detaining a person, a public security organ must produce a detention certificate.
After detention, the detainee shall be immediately sent to a detention center for custody, no later than 24 hours. The family members of the detainee shall be notified within 24 hours after detention, except that the notification of the crime of endangering State security or terrorist activities may hinder the investigation. After the circumstances hindering the investigation disappear, the family members of the detainee shall be informed immediately.
Article 86 a public security organ shall interrogate a detainee within 24 hours after detention. When it is found that they should not be detained, they must be released immediately and issued with a release certificate.
Article 87 When a public security organ requests the arrest of a criminal suspect, it shall write a written request for approval of arrest, which, together with the case files and evidence, shall be transferred to the people's Procuratorate at the same level for examination and approval. When necessary, the people's Procuratorate may send personnel to participate in the discussion of major cases by the public security organs.
Article 88 after examination and approval of arrest, the people's Procuratorate may interrogate the criminal suspect; under any of the following circumstances, the criminal suspect shall be interrogated:
（1） Having doubts about whether the conditions for arrest are met;
（2） The criminal suspect requests to make a face-to-face statement to the procurators;
（3） There may be a major illegal act in the investigation.
When examining and approving the arrest, the people's Procuratorate may inquire the witnesses and other participants in the proceedings and listen to the opinions of the defense lawyers; if the defense lawyers request, they shall listen to the opinions of the defense lawyers.
Article 89 the decision of the chief procurator shall be made by the people's Procuratorate in examining and approving the arrest of a criminal suspect. Major cases shall be submitted to the Procuratorial Committee for discussion and decision.
Article 90 after examining a case submitted by a public security organ for approval of arrest, the people's Procuratorate shall, in light of the circumstances, decide whether to approve or not to approve the arrest. The public security organ shall immediately execute the decision approving the arrest and inform the people's Procuratorate of the execution in a timely manner. If the arrest is not approved, the people's Procuratorate shall explain the reasons and notify the public security organ at the same time if supplementary investigation is needed.
Article 91 If a public security organ considers it necessary to arrest a detainee, it shall, within three days after the detention, submit it to the people's Procuratorate for examination and approval. Under special circumstances, the time limit for examination and approval may be extended by one to four days.
For major suspects who commit crimes from one place to another, commit crimes many times, or commit crimes in collusion, the time limit for applying for examination and approval may be extended to 30 days.
The people's Procuratorate shall, within seven days after receiving a letter of approval from the public security organ, decide whether to approve the arrest or not. If the people's Procuratorate does not approve the arrest, the public security organ shall release it immediately after receiving the notice and inform the people's Procuratorate of the execution in a timely manner. If it is necessary to continue the investigation and meet the conditions for obtaining a guarantor pending trial or residential surveillance, he shall be released on bail pending trial or under residential surveillance according to law.
Article 92 If the public security organ considers that the decision of the people's Procuratorate not to approve an arrest is wrong, it may request reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review. The people's Procuratorate at a higher level shall immediately review the matter, make a decision on whether to change it, and notify the people's Procuratorate at the lower level and the public security organ to execute the decision.
Article 93 when arresting a person, a public security organ must produce an arrest warrant.
After arrest, the arrested person shall be immediately sent to a detention center for custody. The family members of the arrested person shall be notified within 24 hours after the arrest, except for those who cannot be notified.
Article 94 the people's courts and the people's procuratorates must interrogate the people's courts and the people's procuratorates respectively, and the public security organs shall, within 24 hours after the arrest, interrogate the persons who have been arrested with the approval of the people's procuratorates. When it is found that an arrest should not be made, the offender must be released immediately and a release certificate shall be issued.
Article 95 after a criminal suspect or defendant is arrested, the people's Procuratorate shall still examine the necessity of custody. If it is not necessary to continue custody, it shall be suggested to release or change the compulsory measures. The relevant organ shall inform the people's Procuratorate of the handling within 10 days.
Article 96 If a people's court, a people's Procuratorate or a public security organ finds that compulsory measures against a criminal suspect or defendant are improper, they shall cancel or alter them in a timely manner. If the public security organ releases the arrested person or changes the arrest measures, it shall notify the people's Procuratorate that originally approved the arrest.
Article 97 a criminal suspect, defendant and his legal representatives, close relatives or defenders shall have the right to apply for a 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 the people's court, the people's Procuratorate and the public security organ disagree, they shall inform the applicant and explain the reasons for their disagreement.
Article 98 if a case in which a criminal suspect or defendant is detained cannot be completed within the time limit prescribed by this Law for investigation, examination and prosecution, first and second instance, the criminal suspect or defendant shall be released; if further investigation and trial are needed, the criminal suspect or defendant may obtain a guarantor pending trial or be placed under residential surveillance.
Article 99 the people's court, the people's Procuratorate or the public security organ shall release the criminal suspect or defendant who has been subjected to compulsory measures at the expiration of the statutory time limit, release him from bail pending trial, residential surveillance or change the compulsory measures according to law. If a criminal suspect, defendant and his legal representative, close relatives or defenders have the right to demand the cancellation of the compulsory measures taken by the people's court, the people's Procuratorate or the public security organ at the expiration of the legal period.
Article 100 if a people's Procuratorate, in the course of examining and approving an arrest, discovers that there is an illegal situation in the investigation activities of a public security organ, it shall notify the public security organ to make corrections, and the public security organ shall notify the people's Procuratorate of the correction.

Chapter VII incidental civil actions
Article 101
If the victim suffers material losses due to the defendant's criminal act, he shall have the right to bring an incidental civil action in the course of criminal proceedings. If the victim is dead or incapacitated, the legal representatives and close relatives of the victim shall have the right to bring an incidental civil action.
If state property or collective property is damaged, the people's Procuratorate may bring an incidental civil action when initiating a public prosecution.
Article 102 the people's court may, when necessary, take protective measures to seal up, distrain or freeze the property of the defendant. The plaintiff or the people's Procuratorate in an incidental civil action may apply to the people's court for preservative measures. The relevant provisions of the Civil Procedure Law shall apply to the people's court in adopting preservation measures.
Article 103 in trying a case of incidental civil action, the people's court may conduct mediation or make a judgment or order on the basis of material losses.
Article 104 an incidental civil action shall be tried together with a criminal case. Only in order to prevent excessive delay in the trial of a criminal case, the same trial organization may continue to hear the incidental civil action after the trial of the criminal case.

Chapter VIII time limit and service
Article 105
The period is calculated by hour, day and month.
The hour and day of the beginning of the period shall not be counted as within the period.
The legal period does not include travel time. If the petition of appeal or other documents have been mailed before the expiration of the time limit, it shall not be regarded as overdue.
If the last day of the period is a holiday, the first day after the holiday shall be the expiration date. However, the period of detention of the criminal suspect, defendant or criminal shall be up to the date of expiration and shall not be extended due to holidays.
Article 106 If a party delays the time limit due to irresistible reasons or other legitimate reasons, he may, within five days after the obstacle is removed, apply for the continuation of the litigation activities that should be completed before the expiration of the time limit.
Whether the application mentioned in the preceding paragraph is allowed or not shall be decided by the people's court.
Article 107 the service of summons, notice and other litigation documents shall be delivered to the addressee himself; if he is not present, it may be delivered to his adult family member or the person in charge of the unit to which he belongs.
When the addressee or the receiver on his behalf refuses to accept the document or refuses to sign or seal it, the server may invite his neighbor or other witnesses to the scene to explain the situation, leave the document at his residence, record the reasons for rejection and the date of service on the service certificate, and the service shall be deemed to have been served if the addressee signs.

Chapter IX other provisions
Article 108
In this law, the meanings of the following terms are as follows:
（1） "Investigation" refers to the collection of evidence, investigation of the case and relevant compulsory measures carried out by public security organs and people's procuratorates in accordance with the law;
（2） "The plaintiff, the defendant" and "the defendant" and "the defendant" refer to the civil lawsuit;
（3） "Legal agent" refers to the parents, adoptive parents and guardians of the principal and representatives of the organs and organizations responsible for protection;
（4） "Litigation participants" refer to the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and translators;
（5） "Agent ad litem" refers to the person entrusted by the victim and his / her legal representative or close relatives in a public prosecution case, the private prosecutor and his / her legal representative to participate in the litigation on his / her behalf, and the person entrusted by the party concerned in the incidental civil action and his / her legal representative to participate in the litigation on his / her behalf;
（6） "Close relatives" refer to husband, wife, father, mother, son, daughter and siblings.

Part II filing, investigation and public prosecution
Chapter I filing a case
Article 109
When a public security organ or a people's Procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 110 Any unit or individual who discovers the facts of a crime or a criminal suspect shall have the right and obligation to report the case or report it to the public security organ, the people's Procuratorate or the people's court.
The victim shall have the right to report or file a complaint to a public security organ, a people's Procuratorate or a people's court with respect to the facts of a crime or a criminal suspect who 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 the case is not under its own jurisdiction, it shall be transferred to the competent authority for handling the case, and the reporter, accuser and informant shall be informed; if emergency measures must be taken but not under its own jurisdiction, emergency measures shall be taken first and then transferred to the competent authority.
If a criminal surrenders himself to a public security organ, a people's Procuratorate or a people's court, the provisions of the third paragraph shall apply.
Article 111 a report, complaint or report may be made in writing or orally. The staff member who receives an oral report, complaint or report shall make a written record, which shall be signed or sealed by the reporter, the accuser or the informant after it is read out without error.
The staff member who accepts the accusation or report shall explain to the accuser or informant the legal responsibility for false accusation. However, as long as it is not fabricating facts or falsifying evidence, even if the facts of accusation and report are different or even wrongly accused, they should be strictly distinguished from false accusations.
The public security organ, the people's Procuratorate or the people's court shall guarantee the safety of reporters, complainants, informants and their close relatives. If a reporter, accuser or informant is unwilling to disclose his name and the act of reporting, accusing or reporting a case, he shall keep secret for him.
Article 112 The people's court, the people's Procuratorate or the public security organ shall, in accordance with the scope of jurisdiction, promptly examine the materials reported, charged, reported and surrendered, and shall file a case if it considers that there are criminal facts that need to be investigated for criminal responsibility; if the people's court, the people's Procuratorate or the public security organ considers that there are no criminal facts, or the facts of the crime are obviously minor and do not need to be investigated for criminal responsibility, they shall not file the case and will not be established Inform the accuser of the cause of the case. If the accuser is not satisfied, he may apply for reconsideration.
Article 113 If a people's Procuratorate considers that a public security organ fails to file a case that should be filed for investigation, or if the victim considers that the public security organ has failed to file a case for investigation, the people's Procuratorate shall request the public security organ to explain the reasons for not filing the case. If the people's Procuratorate considers that the reason for the public security organ not to file 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. If the victim is dead or incapacitated, his legal representatives and close relatives 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
The public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence materials that the criminal suspect is guilty or innocent, light or serious. Existing criminals or major suspects may be detained first according to law, and criminal suspects who meet the conditions for arrest shall be arrested according to law.
Article 116 after investigation, the public security organ shall conduct preliminary examination of a case where there is evidence to prove the existence of criminal facts, and verify the evidence materials collected and obtained.
Article 117 if a party, defender, agent ad litem or interested party commits one of the following acts against a judicial organ or its staff members, he shall have the right to appeal to or file a complaint with the judicial organ:
（1） It fails to release, terminate or alter the statutory time limit for taking compulsory measures;
（2） If it is necessary to return the bail pending trial deposit, and fails to return it;
（3） Taking measures of sealing up, detaining or freezing property unrelated to the case;
（4） If it is necessary to lift the seal up, seizure or freezing but not lift it;
（5） Embezzlement, misappropriation, private distribution, exchange or use of sealed up, seized or frozen property in violation of regulations.
The organ that accepts the complaint or complaint shall handle it in a timely manner. If the people's Procuratorate is not satisfied with the handling, it may appeal to the people's Procuratorate at the same level; if the people's Procuratorate accepts a case directly, it may appeal to the people's Procuratorate at the next higher level. The people's Procuratorate shall examine the appeal in a timely manner, and if the situation is true, it shall notify the relevant authorities to make corrections.

Section 2 interrogation of criminal suspects
Article 118
The interrogation of a criminal suspect must be conducted by investigators of the people's Procuratorate or the public security organ. At the time of interrogation, there shall be no less than two investigators.
After the criminal suspect is handed over to the detention center for custody, the investigators shall interrogate him in the detention house.
Article 119 for a criminal suspect who does not need to be arrested or detained, he 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 the certificate issued by the people's Procuratorate or the public security organ shall be produced. A criminal suspect found on the scene may be summoned orally after showing his work certificate, but it shall be noted in the interrogation record.
The duration of summoning or summoning under arrest shall not exceed 12 hours; if the circumstances of a case are particularly serious and complicated, and it is necessary to take measures of detention or arrest, the duration of summons or summons under arrest shall not exceed 24 hours.
Criminal suspects shall not be detained in disguised form in the form of continuous summons or forced summons. When a criminal suspect is summoned or summoned by arrest, the food and necessary rest time of the criminal suspect shall be guaranteed.
Article 120 When interrogating a criminal suspect, investigators shall first interrogate the criminal suspect whether he has committed a criminal act, let him state the circumstances of his guilt or excuse his innocence, and then ask him questions. The criminal suspect shall truthfully answer the questions raised by the investigators. However, he has the right to refuse to answer questions unrelated to the case.
When interrogating a criminal suspect, the investigators shall inform the criminal suspect of his litigation rights, truthfully confess his crime, and grant leniency to the criminal suspect.
Article 121 When interrogating a deaf or mute criminal suspect, a person who is familiar with deaf or mute gestures shall participate in the interrogation, and such situation shall be recorded in writing.
Article 122 the record of interrogation shall be handed over to the criminal suspect for verification, and if he has no reading ability, it shall be read to him. If there is any omission or error in the record, the criminal suspect may make a supplement or correction. After the criminal suspect admits that there is no error in the record, he shall sign or seal it. The investigators shall also sign the record. If a criminal suspect requests to write a confession on his own, he shall be allowed to do so. When necessary, investigators may also ask the criminal suspect to write a confession in person.
Article 123 When interrogating a criminal suspect, investigators may record or videotape the interrogation process; for cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, sound recording or video recording of the interrogation process shall be carried out.
The sound recording or video recording shall be carried out throughout the whole process to maintain its integrity.

Section 3 questioning witnesses
Article 124
Investigators may question witnesses at the scene, or at their units, residences or places proposed by witnesses. When necessary, they may notify witnesses to give testimony at the people's Procuratorate or public security organ. When interrogating a witness at the scene, he / she shall produce his / her work certificate; When interrogating a witness at his / her unit, residence or place proposed by the witness, he / she shall produce the certificate issued by the people's Procuratorate or the public security organ.
Witnesses shall be interrogated individually.
Article 125 When interrogating a witness, he shall be informed of the legal responsibility for providing evidence and testimony truthfully 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 the interrogation of victims.

Section 4 inspection and inspection
Article 128
Investigators shall conduct an inquest or inspection of the places, articles, persons and corpses related to the crime. When necessary, persons with special knowledge may be appointed or employed to conduct an inquest or inspection under the supervision of 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 personnel to conduct an inquest.
"Article 130 when conducting an inquest or inspection, investigators must hold certificates 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 on autopsy and notify the family members of the deceased to be present.
Article 132 in order to determine the characteristics, injury or physiological status 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 force the inspection if necessary.
Physical examination of women shall be conducted by female staff members or doctors.
Article 133 an inquest or inspection shall be made into a written record, which shall be signed or sealed by the participants and the witnesses.
Article 134 when a people's Procuratorate, when examining a case, considers it necessary to conduct a re examination or re examination by a public security organ, it may request the public security organ to do so, and may send procurators to participate.
Article 135 in order to find out the facts of a case, investigation experiments may be carried out with the approval of the person in charge of the public security organ when necessary.
A record of the investigation experiment shall be made, which shall be signed or sealed by the participants.
In conducting investigation experiments, it is forbidden to do anything that is dangerous, insulting or immoral.

Section 5 search
Article 136
In order to collect criminal evidence and seize criminals, investigators may search the bodies, articles, residences and other relevant places of criminal suspects and persons who may hide criminals or criminal evidence.
Article 137 any unit or individual shall, at the request of the people's Procuratorate and the public security organ, have the obligation to produce material evidence, documentary evidence, audio-visual materials and other evidence that can prove the guilt or innocence of a criminal suspect.
Article 138 when conducting a search, a search warrant must be presented to the person to be searched.
When an arrest or detention is being carried out, a search may be carried out without a search warrant in case of emergency.
Article 139 during a search, the person searched or his family members, neighbors or other witnesses shall be present.
The search of a woman's body shall be carried out by a female staff member.
Article 140 a record of a search shall be made, which shall be signed or sealed by the investigators, the person searched or his family members, neighbors or other witnesses. If the person being searched or his family members are at large or refuse to sign or seal, it shall be indicated in the record.

Section 6 sealing up and detaining material evidence 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 the criminal suspect shall be sealed up and seized; property and documents irrelevant to the case shall not be sealed up or detained.
The sealed up or distrained property and documents shall be properly kept or sealed up, and shall not be used, replaced or damaged.
Article 142 the sealed up or distrained property and documents shall be checked and checked clearly by the witnesses and the holders of the sealed up or distrained property and documents. A list shall be made on the spot in duplicate, signed or sealed by the investigators, witnesses and the holder. One copy shall be given to the holder and the other shall be attached to a volume for future reference.
Article 143 when investigators consider it necessary to detain the postal materials 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 organs to inspect and deliver the mail and telegrams concerned for seizure.
If it is not necessary to continue to detain, the post and telecommunications authorities shall be informed immediately.
Article 144 The People's Procuratorate and the public security organ may, in accordance with the provisions, inquire into and freeze the property of a criminal suspect, such as deposits, remittances, bonds, stocks, fund shares, etc. Relevant units and individuals shall cooperate.
If a criminal suspect's deposits, remittances, bonds, stocks, fund shares and other properties have been frozen, they shall not be frozen repeatedly.
Article 145 If the sealed up or distrained property, documents, mail, telegram or frozen deposits, remittances, bonds, stocks, fund units and other properties that are truly unrelated to the case, the seizure, seizure or freezing shall be lifted within three days and returned.

Section 7 appraisal
Article 146
In order to find out the facts of a case, when it is necessary to solve some special problems in the case, people with special knowledge shall be appointed or hired to conduct appraisal.
Article 147 after making an appraisal, an appraiser shall write out his appraisal opinions and sign his name.
An appraiser who intentionally makes a false appraisal shall bear legal liability.
Article 148 the investigation organ shall inform the criminal suspect and the victim of the expert opinion used as evidence. If the criminal suspect or the victim applies, a supplementary appraisal or a new appraisal may be conducted.
Article 149 the period of psychiatric appraisal of a criminal suspect shall not be included in the time limit for handling a case.

Section 8 technical investigation measures
Article 150
After filing a case, the public security organ may, according to the needs of the investigation of a crime, take technical investigation measures for a crime that endangers state security, a crime of terrorist activities, an organized crime of a underworld nature, a major drug crime or any other crime that seriously endangers society.
After filing a case, the people's Procuratorate may, according to the needs of the investigation of the crime and through strict approval procedures, take technical investigation measures for major criminal cases that seriously infringe upon the personal rights of citizens by taking advantage of their functions and powers, and hand them over to the relevant organs for execution in accordance with the provisions.
In pursuit of a criminal suspect or defendant at large who is wanted or approved or decided to arrest, the necessary technical investigation measures may be taken after approval.
Article 151 the approval decision shall, in accordance with the needs of the investigation of a crime, determine the types and applicable objects of the 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 period of validity may be extended with approval, and each time shall not exceed three months.
Article 152 the adoption of technical investigation measures must be carried out in strict accordance with the approved types of measures, objects of application and time limit.
Investigators shall keep confidential the state secrets, business secrets and personal privacy that they know in the course of taking technical investigation measures, and shall destroy the materials irrelevant to the case obtained by taking technical investigation measures in a timely manner.
Materials obtained by adopting 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 organs take technical investigation measures according to law, relevant units and individuals shall cooperate and keep the relevant information confidential.
Article 153 for the purpose of ascertaining the circumstances of a case, when necessary, upon the decision of the person in charge of the public security organ, the person concerned may conceal his or her identity and carry out the investigation. However, it is not allowed to induce others to commit a crime or adopt any method that may endanger public security or cause serious personal danger.
For criminal activities involving the payment of drugs and other contraband goods or property, the public security organ may, according to the needs of the investigation of the crime, implement controlled delivery in accordance with the provisions.
Article 154 materials collected through investigation measures in accordance with the provisions of this section may be used as evidence in criminal proceedings. If the use of such evidence may endanger the personal safety of the persons concerned, or may have other serious consequences, protective measures such as not exposing the identity and technical methods of the persons concerned shall be taken. When necessary, the evidence may be verified by the judges out of court.

Section 9 wanted
Article 155
If a criminal suspect who should be arrested is at large, the public security organ may issue a wanted order and take effective measures to pursue and bring him to justice.
Public security organs at all levels may directly issue a wanted order within the areas under their jurisdiction; and those beyond their jurisdiction shall be reported to the higher authorities that have the power to make decisions for issuance.

Section 10 conclusion of investigation
Article 156
The period of custody for investigation after the arrest of a criminal suspect shall not exceed two months. If the circumstances of a case are complex and cannot be concluded at the expiration of the time limit, the case may be extended for one month with the approval of the people's Procuratorate at the next higher level.
Article 157 if, for special reasons, it is not appropriate to hand over a particularly serious and complicated case for trial within a 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 prescribed in Article 156 of this law, it may be extended for two months with the approval or decision of the people's Procuratorate of a province, autonomous region or municipality directly under the Central Government:
（1） Major and complex cases in remote areas where traffic is very inconvenient;
（2） Major criminal group cases;
（3） Major and complicated cases committed from place to place;
（4） Major and complex cases involving a wide range of crimes and difficult to obtain evidence.
Article 159 If a criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years, and the investigation can not be concluded at the end of the extended period in accordance with the provisions of Article 158 of this law, it may be extended for another two months with the approval or decision of the people's Procuratorate of a 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 period of 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 give his real name and address and his identity is unknown, he shall be investigated. The period of custody for investigation shall be calculated from the date of finding out his identity, but the investigation and evidence collection of his criminal act shall not be stopped. If the facts of the crime are clear, the evidence is reliable and sufficient, and it is really impossible to identify the person, he may also sue or try according to his / her own name.
Article 161 If a defense lawyer makes a request before the end of a case investigation, the investigation organ shall listen to the opinion of the defense lawyer and record it on the record. If a defense lawyer puts forward a written opinion, a volume shall be attached.
Article 162 when a public security organ concludes its investigation of a case, it shall make sure that the facts of the crime are clear and that the evidence is reliable and sufficient, and that a written opinion on prosecution, together with the case file materials and evidence, be transferred to the people's Procuratorate at the same level for examination and decision; at the same time, the criminal suspect and his defense lawyer shall be informed of the transfer of the case.
If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred along with the case, and the relevant information shall be clearly stated in the prosecution opinion.
Article 163 in the course of investigation, if it is found that a criminal suspect should not be investigated for criminal responsibility, the case shall be revoked; 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 provisions of this chapter shall apply to the investigation of cases directly accepted by the people's Procuratorate.
Article 165 if a case directly accepted by a people's Procuratorate conforms to the circumstances specified in Article 81, item 4 and item 5 of Article 82 of this Law and it is necessary to arrest or detain a criminal suspect, the decision shall be made by the people's Procuratorate and executed by the public security organ.
Article 166 the people's Procuratorate shall interrogate a detainee in a case directly accepted by it within 24 hours after detention. When it is found that they should not be detained, they must be released immediately and issued with a release certificate.
Article 167 if a people's Procuratorate considers it necessary to arrest a detainee in a case directly accepted by it, it shall make a decision within 14 days. Under special circumstances, the time limit for deciding on arrest may be extended by one to three days. Those who need not 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 or under residential surveillance according to law.
Article 168 when a people's Procuratorate has concluded its investigation of a case, it shall make a decision to initiate a public prosecution, not to initiate a prosecution or to cancel the case.

Chapter three prosecution
Article 169
All cases requiring public prosecution shall be examined and decided by the people's Procuratorate.
Article 170 the people's Procuratorate shall examine the cases transferred by the supervisory organ to the prosecution in accordance with the relevant provisions of this Law and the supervision law. If, after examination, the people's Procuratorate considers it necessary to make supplementary verification, it shall return it to the supervisory organ for supplementary investigation, and may supplement the investigation by itself if necessary.
For the cases where the prosecution has been transferred by the supervisory organ, the people's Procuratorate shall detain the suspect in advance and the lien shall be automatically lifted. The people's Procuratorate shall, within 10 days after detention, make a decision on whether to arrest, obtain a bail for trial or to monitor residence. In exceptional cases, the time to be decided can be extended for one to four days. The period during which the people's Procuratorate decides to take compulsory measures shall not be included in the period of examination and prosecution.
Article 171 when examining a case, the people's Procuratorate must find out:
（1） 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 crime are correct;
（2） Whether there are omissions or not and other persons who should be investigated for criminal responsibility;
（3） Whether it belongs to the criminal responsibility that should not be investigated;
（4） Whether there is any incidental civil action;
（5） Whether the investigation is legal.
Article 172 The people's Procuratorate shall make a decision within one month on the case transferred to prosecution by the supervisory organ or public security organ. In case of major and complex cases, it may be extended for 15 days; if the criminal suspect pleads guilty and punishes the case and meets the applicable conditions of the quick adjudication procedure, it shall make a decision within 10 days. If the possible sentence of fixed-term imprisonment exceeds one year, it may be extended to 15 days.
If the people's Procuratorate examines a case prosecuted and changes its jurisdiction, the period of examination and prosecution shall be calculated from the date when the changed people's Procuratorate receives the case.
Article 173 when examining a case, a people's Procuratorate shall interrogate a criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his or her agent ad litem, and record it on the record. Where the defender or the lawyer on duty, the victim and his or her agent in charge put forward a written opinion, it shall be attached with a volume.
If a criminal suspect pleads guilty to crime and commits punishment, the people's Procuratorate shall inform him of his or her rights to litigation and the legal provisions of the crime confession and punishment, listen to the opinions of the criminal suspect, defender or lawyer on duty, the victim and his / her agent for action on the following matters and record the matter on record:
（1） The facts, charges and applicable legal provisions of the suspected crime;
（2） Suggestions for leniency from light, mitigated or exempted punishment;
（3） The procedure of trial after pleading guilty and punishing;
（4） Other matters that need to be heard.
If the people's Procuratorate listens to the opinions of the lawyers on duty in accordance with the provisions of the preceding two paragraphs, it shall provide necessary facilities for the lawyers on duty to understand the relevant situation of the case in advance.
Article 174 if a criminal suspect voluntarily pleads guilty and agrees to apply the sentencing proposal and procedure, he shall sign a statement of the confession and punishment in the presence of the defender or the lawyer on duty.
If a criminal suspect pleads guilty to a crime and commits punishment, he or she does not need to sign a statement of confirmation of the guilty and guilty punishment in any of the following circumstances:
（1） The criminal suspect is blind, deaf or mute, or a mental patient who has not yet fully lost the ability to recognize or control his or her own behavior;
（2） The legal agent or defender of the juvenile criminal suspect has objection to the juvenile's confession and punishment;
（3） Other cases where a statement of acknowledgment of guilty punishment is not required.
Article 175 when examining a case, a people's Procuratorate may require the public security organ to provide the evidence materials necessary for the trial of the court; if it considers that there may be a situation of collecting evidence by illegal means as prescribed in Article 56 of this law, it may require it to make an explanation of the legality of evidence collection.
When examining a case, the people's Procuratorate may return it to the public security organ for supplementary investigation or conduct investigation on its own.
For cases of supplementary investigation, supplementary investigation shall be completed within one month. Supplementary investigation is limited to two times. After the supplementary investigation is completed and transferred to the people's Procuratorate, the people's Procuratorate shall recalculate the period of examination and prosecution.
In case of secondary 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 If the people's Procuratorate considers that the criminal facts of the criminal suspect have been found out, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, a decision shall be made to prosecute, and a public prosecution shall be filed with the people's court in accordance with the provisions of the jurisdiction of the trial, and the files and evidence shall be transferred to the people's court.
If a criminal suspect pleads guilty to a crime and admits punishment, the people's Procuratorate shall make sentencing suggestions on the principal punishment, additional punishment, whether probation is applicable, etc., and shall send the statement of the statement of the confession and punishment with the case.
Article 177 If a criminal suspect has no criminal facts or has one of the circumstances prescribed in Article 16 of this law, the people's Procuratorate shall make a decision not to initiate a prosecution.
If the circumstances of a crime are minor and it is not necessary to impose or exempt from criminal punishment in accordance with the provisions of the criminal law, the people's Procuratorate may make a decision not to initiate a prosecution.
In cases where the people's Procuratorate decides not to initiate a prosecution, it shall at the same time lift the sealing up, seizure or freezing of the property seized, seized or frozen in the course of investigation. If it is necessary to impose administrative penalty or punishment on the person not prosecuted or to confiscate his illegal income, the people's Procuratorate shall put forward procuratorial opinions and transfer it to the relevant competent authorities for handling. The competent authorities concerned shall promptly notify the people's Procuratorate of the result of the handling.
Article 178 the decision not to initiate a prosecution shall be announced in public, and the written decision shall be served on the person not prosecuted and his unit. If the person not prosecuted is in custody, he shall be released immediately.
Article 179 If the people's Procuratorate decides not to initiate a prosecution in a case transferred by a public security organ for prosecution, it shall serve a written decision on the non prosecution to the public security organ. If the public security organ considers that the decision not to initiate a prosecution is wrong, it may request reconsideration, and if the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review.
Article 180 if a people's Procuratorate decides not to initiate a prosecution in a case with a victim, the people's Procuratorate shall serve a written decision on the non prosecution on the victim. If the victim refuses to accept the decision, he may appeal to the people's Procuratorate at the next higher level within seven days after receiving the written decision and request to initiate a public prosecution. The people's Procuratorate shall inform the victim of the decision of reexamination. If the people's Procuratorate maintains the decision not to initiate a prosecution, the victim may bring a suit in a people's court. The victim may also directly bring a suit to a people's court without appealing. After the people's court has accepted the case, the people's Procuratorate shall transfer the relevant case materials to the people's court.
Article 181 If the person not prosecuted refuses to accept the decision of the people's Procuratorate not to initiate a prosecution in accordance with the provisions of the second paragraph of article 177 of this law, he may appeal to the people's Procuratorate within seven days after receiving the written decision. The people's Procuratorate shall make a reexamination decision, notify the person who is not prosecuted, and at the same time send a copy to the public security organ.
Article 182 If a criminal suspect voluntarily and truthfully confesses the facts suspected of committing a crime and has performed significant meritorious service or the case involves major interests of the state, the public security organ may cancel the case with the approval of the Supreme People's Procuratorate, and the people's Procuratorate may make a decision not to initiate a prosecution, or not to prosecute one or more of the suspected crimes.
If a 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 deal with the sealed up, seized or frozen property and the fruits thereof in a timely manner.

Part III trial
Chapter I trial organization
Article 183
The trial of cases of first instance in the basic people's court or the intermediate people's court shall be conducted by a collegial panel composed of three judges or three or seven judges and people's assessors. However, cases in which summary procedure or rapid judgment procedure are applied in the primary people's court may be tried by one judge alone.
The trial of cases of first instance in the 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.
The Supreme People's court shall try cases of first instance 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 number of members of a collegial panel shall be an odd number.
Article 184 if there are differences of opinion in a collegial panel's deliberation, it shall make a decision according to the opinions of the majority, but the opinions of the minority shall be recorded in the record. The minutes of the deliberation shall be signed by the members of the collegial panel.
Article 185 after a collegial panel has held a hearing and deliberated, it shall 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 and submit it to the judicial committee for discussion and decision. The collegial panel shall implement the decision of the judicial committee.

Chapter II procedure of first instance
Section 1 cases of public prosecution
Article 186
After the people's court has examined a case of public prosecution, it shall decide to open a court session if there are clear facts of the alleged crime in the indictment.
Article 187 after a people's court decides to hold a court session, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's Procuratorate on the defendant and his defenders at least 10 days before the opening of the court session.
Before the opening of a 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 issues related to the trial, such as the withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence.
After the people's court has determined the date of the hearing, it shall notify the people's Procuratorate of the time and place of the hearing, summon the parties concerned, and notify the defenders, agents ad litem, witnesses, expert witnesses and interpreters. The summons and notice shall be served at least three days before the opening of the court session. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the hearing shall be announced in advance three days before the court session.
The above-mentioned activities shall be recorded in a written record, which shall be signed by the judges and the court clerk.
Article 188 the trial of cases of first instance by the people's court shall be conducted in public. However, cases related to state secrets or personal privacy shall not be heard in public; cases involving commercial secrets may not be tried in public if the parties concerned apply for it.
If a case is not tried in public, the reasons for not hearing in public shall be announced in court.
Article 189 when a people's court tries a case of public prosecution, the people's Procuratorate shall send its procurators to the court to support the public prosecution.
Article 190 At the beginning of a court session, the chief judge shall find out whether the parties are present and announce the cause of action; announce the names of the members, clerks, public prosecutors, defenders, agents ad litem, expert witnesses and translators of the collegial panel; inform the parties that they have the right to apply for withdrawal from the members, clerks, prosecutors, appraisers and translators of the collegial panel; and inform the defendant that he has the right to defend.
If the defendant pleads guilty to punishment, the chief judge shall inform the defendant of his litigation rights and the legal provisions of the confession, and examine the voluntariness of the confession and the authenticity and legality of the contents of the statement of guilty plea.
Article 191 After the public prosecutor has read out the indictment in court, the defendant and the victim may state the crime charged in the indictment, and the public prosecutor may interrogate the defendant.
The victim, the plaintiff, defender and agent ad litem in an incidental civil action may, with the permission of the presiding judge, question the defendant.
The judge may interrogate the accused.
Article 192 if the public prosecutor, the parties, defenders or agents ad litem object to 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 give evidence in court.
The provisions of the preceding paragraph shall apply when the people's police serve as witnesses to testify in court in respect of the crimes witnessed by them while performing their duties.
If the public prosecutor, the party concerned, the defender or the agent ad litem objects to the expert opinion, and the people's court considers it necessary for the expert witness to appear in court, the expert witness shall give evidence in court. If the appraiser refuses to testify in court after being notified by the people's court, the expert opinion shall not be used as the basis for deciding a case.
Article 193 if a witness fails to testify in court without justified reasons after being notified by the people's court, 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 justified 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 10 days with the approval of the president of the court. If the punished person refuses to accept the detention decision, 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 gives evidence, the judicial personnel shall inform him of the legal responsibility to truthfully provide testimony and intentionally give false testimony or conceal criminal evidence. With the permission of the chief judge, the public prosecutor, the parties, defenders and agents ad litem may question witnesses and expert witnesses. If the chief judge thinks that the content of the question has nothing to do with the case, he shall stop it.
Judges may question witnesses and expert witnesses.
Article 195 the public prosecutor and the defender shall present material evidence to the court for identification by the parties. The transcripts of testimony of witnesses who have not appeared in court, the expert's expert opinions, the records of inquest and other documents as evidence shall be read out in court. Judges shall listen to the opinions of the public prosecutor, the parties, defenders and 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 recess to investigate and verify the evidence.
When investigating and verifying evidence, the people's court may conduct inquest, inspection, sealing up, detaining, appraising, inquiring and freezing.
Article 197 in the course of a court trial, the parties, defenders and agents ad litem shall have the right to apply to notify new witnesses to appear in court, to obtain new material evidence, and to apply for a new appraisal or inquest.
The public prosecutor, parties, defenders and agents ad litem may apply to the court to notify a person with special knowledge to appear in court and to give his opinions on the expert testimony made by the appraiser.
The court shall decide whether to approve the above application.
The relevant provisions on appraisers shall apply to the court appearance of persons with expertise as provided in the second paragraph.
Article 198 in the course of a court trial, the facts and evidence related to conviction and 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 debate with each other.
After the chief judge announces the end of the debate, the defendant has the right to make a final statement.
Article 199 in the course of a court trial, if a participant in the proceedings or an observer violates the order of the court, the chief judge shall warn him to stop it. If the circumstances are serious, a fine of not more than 1000 yuan or detention of not more than 15 days shall be imposed. Fines and detention must be approved by the president of the people's Republic of China. If the person punished is not satisfied with the decision on 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 people to make a scene, attack the court or insult, slander, threaten or beat judicial personnel or participants in the proceedings, thus seriously disturbing the order of the court and constituting a crime, shall be investigated for criminal responsibility according to law.
Article 200 after the defendant has made his final statement, the presiding judge shall suspend the court session, and the collegial panel shall carry out deliberation, and, in accordance with the facts, evidence and relevant legal provisions, make the following judgments respectively:
（1） If the facts of the case are clear, the evidence is reliable and sufficient, and if the defendant is found guilty according to law, a guilty judgment shall be made;
（2） If the defendant is found innocent according to the law, a verdict of innocence shall be made;
（3） If the evidence is insufficient and it is impossible to find the defendant guilty, a judgment of innocence shall be made on the ground that the evidence is insufficient and the alleged crime cannot be established.
Article 201 when a people's court makes a judgment on a case of pleading guilty and admitting punishment according to law, the people's court shall generally adopt the charges charged by the people's Procuratorate and the sentencing suggestions, except in the following circumstances:
（1） The act of the defendant does not constitute a crime or he should not be investigated for criminal responsibility;
（2） The defendant pleads guilty against his will;
（3） The defendant denies the facts of the crime charged;
（4） The charge charged by the prosecution is inconsistent with the accusation determined in the trial;
（5） Other circumstances that may affect fair trial.
If, after trial, the people's court considers that the sentencing proposal is obviously inappropriate, or the defendant or the defender objects to the proposal, the people's Procuratorate may adjust the proposal. If the people's Procuratorate does not adjust the sentencing proposal or if it is still obviously inappropriate after adjusting the sentencing proposal, the people's court shall make a judgment according to law.
Article 202 all judgments shall be pronounced in public.
If a judgment is pronounced in court, the written judgment shall be served on the parties and the people's Procuratorate that initiated the public prosecution within five days; if a judgment is pronounced regularly, the written judgment shall be served on the parties and the people's Procuratorate that initiated the public prosecution immediately after the judgment is announced. The written judgment shall be served on the defender and agent ad litem at the same time.
Article 203 the written judgment shall be signed by the judges and the court clerk, and the time limit for appeal and the appellate court shall be specified.
Article 204 in the course of a court trial, if one of the following circumstances affects the progress of the trial, the trial may be postponed:
（1） It is necessary to notify new witnesses to appear in court, obtain new material evidence, make a new appraisal or inquest;
（2） If the procurators find that the case of public prosecution needs supplementary investigation and puts forward suggestions;
（3） The trial cannot be conducted due to the application for withdrawal.
Article 205 If the trial of a case is postponed in accordance with Item 2 of Article 204 of this law, the people's Procuratorate shall complete supplementary investigation within one month.
Article 206 in the course of a trial, the trial may be suspended if, in any of the following circumstances, the case cannot be continued for a long time:
（1） The defendant is seriously ill and unable to appear in court;
（2） The defendant escapes;
（3） A private prosecutor who is suffering from a serious illness and is unable to appear in court and fails to entrust an agent ad litem to appear in court;
（4） 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 the court clerk shall make a written record of all the activities of a court trial, which shall be examined by the chief judge and signed by the chief judge and the court clerk.
The part of the testimony of the witness in the court record shall be read out in court or handed over to the witness for reading. After admitting that there is no mistake, the witness shall sign or seal.
The court record shall be handed over to the party concerned to read or read to him. If a party considers that there are omissions or errors in the record, it may request supplement or correction. After the parties acknowledge that there is no mistake, they shall sign or seal.
Article 208 in trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting the case, and no later than three months. In cases where the death penalty may be imposed or in cases with incidental civil proceedings, or under 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; if the extension is necessary due to special circumstances, it shall be reported to the Supreme People's court for approval.
The time limit for the people's court to hear a case changes from the date it receives it.
After the supplementary investigation is completed and transferred 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 litigation procedures prescribed by law in handling a case, it shall have the right to put forward a corrective opinion to the people's court.

Section 2 cases of private prosecution
Article 210
Private prosecution cases include the following cases:
（1） Cases handled only after being informed;
（2） Minor criminal cases that the victim has evidence to prove;
（3） A case in which the victim has evidence to prove that he should be investigated for criminal responsibility for the defendant's violation of his personal and property rights, while the public security organ or the people's Procuratorate does not investigate the criminal responsibility of the defendant.
Article 211 after examining a case of private prosecution, the people's court shall deal with it according to the following circumstances:
（1） If the facts of the crime are clear and there is sufficient evidence, a court session shall be held;
（2） In a case of private prosecution without criminal evidence, if the private prosecutor fails to provide supplementary evidence, he shall be persuaded to withdraw his private prosecution or rule to reject it.
If a private prosecutor refuses to appear in court without justifiable reasons after being summoned twice according to law, or withdraws from the court halfway without the permission of the court, the case shall be dealt with as withdrawal of the case.
Article 196 of this Law shall apply if the judges have doubts about the evidence and need to be investigated and verified during the court trial.
Article 212 a people's court may mediate a case of private prosecution; before pronouncing a judgment, the private prosecutor may reconcile himself with the defendant or withdraw his private prosecution. Mediation shall not be applied to cases provided for 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 trial of a private prosecution case by the people's court; if the defendant is not in custody, a judgment shall be pronounced within six months after the acceptance.
Article 213 the defendant in a case of private prosecution may, in the course of litigation, bring a counterclaim against the private prosecutor. Private prosecution is applicable to counterclaim.

Section 3 summary procedure
Article 214
A case under the jurisdiction of a basic people's court may be tried through summary procedure if the following conditions are met:
（1） The facts of the case are clear and the evidence is sufficient;
（2） The defendant admits his crime and has no objection to the facts of the crime charged;
（3） The defendant has no objection to the application of summary procedure.
When initiating a public prosecution, the people's Procuratorate may suggest that the people's court apply summary procedure.
Article 215 summary procedure shall not apply in any of the following circumstances:
（1） The defendant is blind, deaf or mute, or a mental patient who has not completely lost the ability to identify or control his own behavior;
（2） Having a significant social impact;
（3） In the case of joint crime, some of the defendants do not plead guilty or object to the application of summary procedure;
（4） Other cases not suitable for summary procedure.
Article 216 when a case is tried through summary procedure, a collegial panel may be formed to try a case which may be sentenced to fixed-term imprisonment of not more than three years, or a single judge may be the judge; if the possible fixed-term imprisonment exceeds three years, a collegial panel shall be formed to conduct the trial.
When a case of public prosecution is tried through summary procedure, the people's Procuratorate shall send its procurators to the court.
Article 217 when a case is tried by summary procedure, the judges shall ask the defendant for his opinions on the facts of the crime charged, inform the defendant of the application of the legal provisions on summary procedure trial, and confirm whether the defendant agrees to the application of summary procedure.
Article 218 when a case is tried through summary procedure, with the permission of the judges, the defendant and his defenders may debate with the public prosecutor, the private prosecutor and their agents ad litem.
Article 219 The Application of summary procedure in the trial of a case shall not be restricted by the provisions of section 1 of this chapter on the time limit for service, the procedure for interrogating the defendant, the witness, the expert witness, the production of evidence and the court debate. However, the final statement of the defendant shall be heard before the judgment is pronounced.
Article 220 when 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 fixed-term imprisonment exceeds three years, it may be extended to one and a half months.
Article 221 If a people's court, in the course of trying a case, finds it inappropriate to apply summary procedure, it shall try the case anew in accordance with the provisions of section 1 or section 2 of this chapter.

Section 4 quick procedure
Article 222
In a case under the jurisdiction of the basic people's court, where the facts of the case are clear, the evidence is reliable and sufficient, and the defendant pleads guilty and agrees to the application of the quick judgment procedure, the quick judgment procedure may be applied, and the trial shall be conducted by one judge alone.
When initiating a public prosecution, the people's Procuratorate may suggest that the people's court apply the speedy adjudication procedure.
Article 223 in any of the following circumstances, the quick judgment procedure shall not apply:
（1） The defendant is blind, deaf or mute, or a mental patient who has not completely lost the ability to identify or control his own behavior;
（2） The defendant is a minor;
（3） The case has a significant social impact;
（4） In the case of joint crime, some defendants have objection to the charged facts, charges, sentencing suggestions or the application of quick judgment procedure;
（5） The defendant and the victim or his legal representative fail to reach a mediation or settlement agreement on matters such as compensation for incidental civil proceedings;
（6） Other cases that are not suitable for the application of the quick judgment procedure.
Article 224 the application of the speedy adjudication procedure in the trial of a case shall not be subject to the limitation of the time limit for service prescribed in Section 1 of this chapter. Generally, no court investigation or court debate shall be conducted, but the opinions of the defender and the final statement of the defendant shall be heard before the judgment is pronounced.
When applying the quick judgment procedure to a case, a judgment shall be pronounced in court.
Article 225 if a case is to be tried by the speedy adjudication procedure, the people's court shall conclude the trial within 10 days after accepting the case; if the possible fixed-term imprisonment exceeds one year, it may be extended to 15 days.
Article 226 if, in the course of trial, a people's court discovers that the defendant's act does not constitute a crime or that he should not be investigated for criminal responsibility, that the defendant pleads guilty against his will, that the defendant denies the facts of the crime charged, or that the speedy judgment procedure is not suitable, the people's court shall try the case anew in accordance with the provisions of section 1 or section 3 of this chapter.

Chapter III procedure of second instance
Article 227
If a defendant, a private prosecutor and their legal representatives refuse to accept a judgment or order of first instance made by a local people's court at any level, they shall have the right to appeal to the people's court at the next higher level in writing or orally. The defenders and close relatives of the defendant may appeal with the consent of the defendant.
The parties to an incidental civil action and their legal representatives may appeal against the incidental civil action part of a judgment or order of first instance made by a local people's court at any level.
The defendant's right of appeal shall not be deprived under any pretext.
Article 228 if a local people's Procuratorate at any level considers that there is indeed an error in the judgment or order of first instance made by the 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 shall, within five days after receiving the written judgment, have the right to request the people's Procuratorate to lodge a protest. 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 give a reply to the petitioner.
Article 230 the time limit for appeal or protest against a judgment is 10 days, and the time limit for appeal or protest against an order is five days, counting from the second day of receipt of the written judgment or order.
Article 231 If a defendant, private prosecutor, plaintiff or defendant in an incidental civil action files an appeal through the people's court which originally tried the case, the people's Court of the original instance shall, within three days, transfer the petition of appeal, 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 to the other party.
If the defendant, private prosecutor, plaintiff or defendant in an incidental civil action directly appeals to the people's Court of second instance, the people's Court of second instance shall, within three days, submit the petition of appeal to the people's court that originally tried the case to the people's Procuratorate at the same level and to the other party.
Article 232 if a local people's Procuratorate at any level resists a judgment or order of first instance made by a people's court at the same level, it shall file a written protest through the people's court which 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 which originally tried the case shall transfer the written protest together with the case file and evidence to the people's court at the next higher level, and send a copy of the protest to the parties.
If the people's Procuratorate at a higher level considers that the protest is improper, it may withdraw the protest from the people's court at the same level and notify the people's Procuratorate at the lower level.
Article 233 the people's Court of second instance shall conduct a comprehensive examination of the facts determined in the judgment of first instance and the application of the law, and shall not be limited by the scope of appeal or protest.
If only part of the defendants appeal in a case of joint crime, the whole case shall be examined and dealt with together.
Article 234 the people's Court of second instance shall form a collegial panel to hear the following cases:
（1） The defendants, private prosecutors and their legal representatives raise objections to the facts and evidence identified in the first instance, which may affect the conviction and sentencing of appeal cases;
（2） Appeal cases in which the defendant is sentenced to death;
（3） Cases protested by the people's Procuratorate;
（4） Other cases that should be heard in court.
If the people's Court of second instance decides not to hold a court session, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem.
When a people's Court of second instance holds a court session to hear a case of appeal or protest, it may go to the place where the case occurred or where the people's Court of the original instance is located.
Article 235 the people's Procuratorate at the same level shall send its procurators to attend the court for a case protested by a people's Procuratorate or a public prosecution case tried by a people's Court of second instance in a court session. The people's Court of second instance shall, after deciding to hold 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 for the people's Procuratorate to consult the case files shall not be included in the time limit for trial.
Article 236 the people's Court of second instance shall, after hearing a case of appeal or protest against a judgment of first instance, deal with it in accordance with the following circumstances:
（1） If the original judgment is correct in determining the facts and applying the law and appropriately sentencing, it shall rule to reject the appeal or protest and maintain the original judgment;
（2） If there is no error in the determination of facts in the original judgment, but there is an error in the application of law, or the sentencing is improper, the judgment shall be changed;
（3） If the facts in the original judgment are not clear or the evidence is insufficient, the judgment may be changed after the facts have been ascertained; or the original judgment may be revoked and sent back to the people's court which originally tried the case for a new trial.
After the people's Court of first instance has made a judgment on a case remanded for retrial in accordance with the provisions of item 3 of the preceding paragraph, if the defendant appeals or the people's Procuratorate lodges a protest, the people's Court of second instance shall make a judgment or order according to law, and shall not remand to the people's Court of original instance for retrial.
Article 237 when trying a case appealed by a defendant or his legal representative, defender or close relative, the people's Court of second instance may not increase the penalty of the defendant. For a case remanded by the people's Court of second instance to the people's Court of the original instance for retrial, the people's Court of the original instance may not increase the penalty of the defendant, except for new criminal facts that the people's Procuratorate has brought supplementary prosecution.
Where a people's Procuratorate lodges a protest or a private prosecutor appeals, the provisions of the preceding paragraph shall not apply.
Article 238 If a people's Court of second instance finds that a people's Court of first instance violates the litigation procedures prescribed by law in any of the following circumstances, it shall make a ruling to cancel the original judgment and remand it to the people's Court of original instance for a new trial:
（1） Violating the provisions of this Law on public trial;
（2） Violating the challenge system;
（3） Depriving or restricting the legal litigation rights of the parties, which may affect the fair trial;
（4） The composition of a judicial organization is illegal;
（5） Other proceedings that violate the provisions of the law may affect the fair trial.
Article 239 the people's court which originally tried the case shall form a new collegial panel for retrial 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 after examining an appeal or protest against an order of first instance, the people's Court of second instance shall, with reference to the provisions of articles 236, 238 and 239 of this law, rule to reject the appeal or protest, or cancel or modify the original ruling, respectively.
Article 241 for a case referred back by a people's Court of second instance to the people's court that originally tried the case for retrial, the people's Court of original instance shall recalculate the time limit for trial from the date of receiving the returned case.
Article 242 the procedure of a people's Court of second instance in trying a case of appeal or protest shall be conducted with reference to the procedure of first instance, except as provided for in this chapter.
Article 243 when a people's Court of second instance accepts an appeal or protest, it shall conclude the trial within two months. For cases that may be sentenced to death penalty 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 two months with the approval or decision of the higher people's Court of a province, autonomous region or municipality directly under the central government; if the extension is necessary due to special circumstances, it shall be reported to the Supreme People's court for approval.
The time limit for the Supreme People's court to hear cases of appeal or protest shall be decided by the Supreme People's court.
Article 200 the judgment and ruling of the Supreme Court shall be final.
Article 245 public security organs, people's procuratorates and people's courts shall properly keep the property and fruits of a criminal suspect or defendant sealed up, detained or frozen for verification, and shall make a list and transfer it along with the case. No unit or individual may misappropriate it or dispose of it on its own. The lawful property of the victim shall be returned in time. Contraband or articles not suitable for long-term preservation shall be dealt with in accordance with the relevant provisions of the state.
The physical objects used as evidence shall be transferred along with the case; if it is not suitable to be transferred, its list, photos or other supporting documents shall be transferred along with the case.
The judgment made by the people's court shall deal with the seized, seized or frozen property and the fruits thereof.
After the judgment made by the people's court takes effect, the relevant authorities shall deal with the seized, seized or frozen property and the fruits thereof in accordance with the judgment. All seized, seized and frozen stolen money and goods and their fruits shall be turned over to the state treasury, except those returned to the victims according to law.
Judicial personnel who embezzle, misappropriate or privately handle the sealed up, distrained or frozen property and the fruits thereof shall be investigated for criminal responsibility in accordance with the law; those who do not constitute a crime 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 a case of first instance in which an intermediate people's court has imposed a death penalty, it shall be reviewed by a higher people's court and submitted to the Supreme People's court for examination and approval. If the higher people's court disagrees with the death penalty, it may bring it up for trial or remand for a new trial.
Cases of first instance in which a higher people's court has imposed a death penalty, if the defendant does not appeal, and in cases of second instance where a death penalty is imposed, shall be reported to the Supreme People's court for approval.
Article 248 a case in which an intermediate people's court has imposed a death penalty with a two-year suspension of execution shall be examined and approved by a higher people's court.
Article 249 the Supreme People's court shall review death penalty cases and higher people's courts shall review death penalty cases with 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 ruling to approve or disapprove the death penalty. If the death penalty is not approved, the Supreme People's court may remand the case 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, and if the defense lawyer makes a request, it shall listen to the opinions of the defense lawyer.
In the process of reviewing death penalty cases, the Supreme People's Procuratorate may put forward opinions to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate of the results of the death penalty review.

Chapter V Procedure of trial supervision
Article 252
The parties concerned 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 shall not be suspended.
Article 253 if a complaint filed by a party, his legal representative or near relative meets any of the following circumstances, the people's court shall try it anew:
（1） There is new evidence proving that the facts confirmed in the original judgment or ruling are indeed wrong, which may affect the conviction and sentencing;
（2） The evidence on which conviction and sentencing are based is not accurate or sufficient and should be excluded according to law, or there is a contradiction between the main evidences to prove the facts of the case;
（3） There is a definite error in the application of law in the original judgment or written order;
（4） Violation of legal procedures that may affect fair trial;
（5） During the trial of the case, the judicial personnel engaged in corruption, bribery, malpractice for personal gains, or perverted the law in adjudicating the case.
Article 254 If the president of a people's court at any level finds that there is an error in the determination of facts or in the application of law in a legally effective judgment or order of his court, he must submit it to the judicial committee for handling.
If the Supreme People's court discovers definite errors in a legally effective judgment or order of a people's court at any level, or a people's court at a higher level, it shall have the power to bring it up for trial or direct the people's court at a lower level for retrial.
If the Supreme People's Procuratorate discovers definite errors in a legally effective judgment or order of a people's court at any level or a legally effective judgment or order of a people's court at a lower level, the Supreme People's Procuratorate shall have the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision.
For a case protested by a people's Procuratorate, the people's court accepting the protest shall form a collegial panel to try the case again. If the facts in the original judgment are not clear or the evidence is insufficient, it may direct the people's court at a lower level to try the case again.
Article 255 If a people's court at a higher level instructs a people's court at a lower level to try the case again, it shall order a people's court at a lower level other than the people's court that originally tried the case; if it is more appropriate for the people's court to try the case, it may also order the people's court that originally tried the case to hear the case.
Article 256 if a case to be tried again by a people's court in accordance with the procedure for trial supervision is tried by the people's court which originally tried the case, a new collegial panel shall be formed. If the original judgment or ruling of the people's Court of first instance or second instance is a case of protest or second instance, it shall be tried in accordance with the procedure of first instance or second instance.
When a people's court holds a court session to try a retrial case, the people's Procuratorate at the same level shall send personnel to attend the court.
Article 257 if the people's court decides to retrial a case and it is necessary to take compulsory measures against the defendant, the decision shall be made by the people's court in accordance with the law; in a retrial case in which the people's Procuratorate protests, compulsory measures shall be taken against the defendant, the decision shall be made by the people's procuratorate 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 a people's court shall conclude a retrial of a case in accordance with the procedure for trial supervision within three months from the date on which it makes the decision to bring the case up for trial or retrial. If the time limit needs to be extended, it shall not exceed six months.
The provisions of the preceding paragraph shall apply to the trial time limit of the people's court that has accepted the protest to try the case in accordance with the procedure of trial supervision; if it is necessary to instruct the people's court at a lower level to try the case again, it shall make a decision within one month from the date of accepting the protest, and the provisions of the preceding paragraph shall apply to the time limit for the people's court at a lower level to hear the case.

Part IV Execution
Article 259
Judgments and orders shall be executed after they have legal effect.
The following judgments and orders are legally effective:
（1） Judgments and rulings without appeal or protest within the statutory time limit;
（2） Judgments and orders of final adjudication;
（3） The death sentence approved by the Supreme People's court and the death penalty with a two-year suspension of execution approved by a higher people's court.
Article 260 if a people's Court of first instance has ruled that the defendant is innocent or exempted from criminal punishment, if the defendant is in custody, he shall be released immediately after the sentence is pronounced.
Article 261 a judgment of immediate execution of a death sentence sentenced or approved by the Supreme People's court shall be signed and issued by the president of the Supreme People's court for execution of the death penalty.
If there is no intentional crime committed by a criminal sentenced to death penalty with a two-year suspension of execution and his sentence should be commuted at the end of the period of suspension of execution, the executing organ shall submit a written opinion to the higher people's court for a ruling; if the circumstances of an intentional crime are abominable and it is verified that the death penalty should be executed, the higher people's court shall report it to the Supreme People's court for approval If the death penalty is not executed for an intentional crime, 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, the people's court at a lower level shall deliver the execution within seven days. However, if one of the following circumstances is found, the execution shall be suspended and a report shall be made immediately to the Supreme People's court, which shall make a ruling:
（1） It is found that there may be errors in the judgment before execution;
（2） Prior to the execution of the sentence, if a criminal discloses the facts of a major crime or has other major meritorious service, the sentence may need to be changed;
（3） The criminal is pregnant.
After the reasons for the suspension of execution in Items 1 and 2 of the preceding paragraph disappear, the execution shall be carried out only after a report has been made to the president of the Supreme People's court to issue an order for execution of the death penalty; if the execution is stopped due to the reasons mentioned in the third paragraph of the preceding paragraph, the case shall be reported to the Supreme People's court for a change of 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 personnel to supervise on the spot.
The death penalty shall be executed by shooting or injection.
The death penalty may be executed on the execution ground or in a designated place of custody.
The judicial officer directing the execution shall verify the criminal's integrity, interrogate him for his last words and letters, and then deliver him to the executor for execution of the death penalty. Before execution, if it is found that there may be errors, the execution shall be suspended and reported to the Supreme People's court for a ruling.
The execution of death penalty shall be made public, not in public.
After the execution of the death penalty, the court clerk on the scene shall make a written record. The people's court that has committed 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 delivered the execution shall notify the family members of the criminal.
Article 264 when a criminal is handed over for execution of his criminal punishment, 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, the prison or other executing organ.
If a criminal is sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment, the public security organ shall send the criminal to the prison for execution of his criminal punishment according to law. For a criminal sentenced to fixed-term imprisonment, if the remaining term of his 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 the public security organ.
Juvenile offenders shall be punished in the reformatory for juvenile delinquents.
The executing organ shall detain the criminal in time and inform the family members of the criminal.
A criminal sentenced to fixed-term imprisonment or criminal detention shall be issued a release certificate by the executing organ upon the expiration of the execution period.
Article 265 a criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily executed outside prison under any of the following circumstances:
（1） Those who have serious diseases and need to be released on parole for medical treatment;
（2） A woman who is pregnant or breast-feeding her own baby;
（3） Those who can't take care of themselves should be allowed to perform temporarily outside prison without harming the society.
If a criminal sentenced to life imprisonment falls under the circumstances specified in the second paragraph of the preceding paragraph, he may be temporarily executed outside prison.
Criminals who may be socially dangerous to be released on parole for medical treatment, or criminals who have self injurious and self mutilating shall not be released on parole for medical treatment.
If a criminal is really seriously ill and has to be released on bail for medical treatment, the hospital designated by the people's government at the provincial level shall make a diagnosis and issue a certificate.
Before delivery for execution, the decision on temporary execution outside prison shall be made by the people's court that delivered the sentence for execution; after delivery for execution, the prison or detention house shall submit a written opinion to the prison administration organ at or above the provincial level or to the public security organ at or above the city level divided into districts for approval.
Article 266 if a prison or detention house puts forward a written opinion for temporary execution outside prison, a copy of the written opinion shall be sent to the people's Procuratorate. The people's Procuratorate may submit written opinions to the decision-making or approving organ.
Article 267 the organ that decides or approves the temporary execution outside prison shall send a copy of the decision 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 decided or approved the temporary execution outside prison. After receiving the written opinion from the people's Procuratorate, the organ that decided or approved the temporary execution outside prison shall immediately reexamine the decision.
Article 268 a criminal who is temporarily serving his sentence outside prison shall be put into prison without delay under any of the following circumstances:
（1） It is found that the conditions for temporary execution outside prison are not met;
（2） Seriously violating the provisions on the supervision and management of temporary execution outside prison;
（3） After the temporary execution outside prison disappears, the criminal's term of imprisonment has not expired.
If the people's court decides that a criminal should be put into prison temporarily for execution outside prison, the people's court shall make a decision and serve the relevant legal documents on 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 bribery or other illegal means, the term of execution shall not be included in the period of execution. If a criminal escapes during the period of temporary execution outside prison, the period of escape shall not be included in the execution of his sentence.
If a prisoner dies during the period of temporary execution outside prison, the executing organ shall promptly notify the prison or detention house.
Article 269 community corrections shall be carried out in accordance with the law for criminals who have been sentenced to public surveillance, suspension of sentence, parole or temporary execution outside prison, which shall be carried out by community correction institutions.
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 concerned, the unit to which he belongs and the grassroots organization of his residence in writing.
Article 271 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 him to pay the fine; if it is really difficult to pay due to irresistible disasters or other reasons, the people's court may, upon a ruling of the people's court, postpone the payment of the fine, reduce it or exempt it according to the circumstances.
Article 272 a judgment on confiscation of property shall be executed by the people's court, whether it is supplementary or independent; if necessary, it may be executed jointly with the public security organ.
Article 273 if a criminal commits another crime while serving his sentence, or discovers a crime 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 shows true repentance or meritorious service during the period of execution and should be commuted or paroled according to law, the executing organ shall submit a proposal to the people's court for examination and order, and a copy of the proposal shall be sent to the people's Procuratorate. The people's Procuratorate may submit written opinions to the people's court.
Article 274 if a people's Procuratorate considers that the order of commutation of sentence or parole made by a people's court is improper, it shall, within 20 days after receiving a copy of the written order, submit a written opinion to the people's court for correction. The people's court shall, within one month after receiving the correction opinions, form a new collegial panel to hear the case and make a final ruling.
Article 275 if a prison or any other executing organ considers that there is an error in a judgment or a criminal makes a complaint during the execution of a criminal punishment, it shall refer it to the people's Procuratorate or to the people's court that made the original judgment.
Article 276 the people's Procuratorate shall exercise supervision over the legality of the execution of criminal punishment by the executing organ. If any violation of the law is found, the executing organ shall be notified to make corrections.

Part V special procedures
Chapter I procedure of juvenile criminal cases
Article 277
We should implement the policy of education, probation and rescue for juvenile delinquents and adhere to the principle of giving priority to education and supplemented by punishment.
In handling criminal cases involving minors, the people's courts, the people's procuratorates and the public security organs shall ensure that minors exercise their litigation rights and ensure that they receive legal assistance, and that they shall be handled by judges, procurators and investigators who are familiar with the physical and mental characteristics of minors.
Article 278 if a juvenile criminal suspect or defendant has not entrusted a defender, the people's court, the people's Procuratorate or the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Article 279 when handling criminal cases involving minors, public security organs, people's procuratorates and people's courts may, according to the circumstances, investigate the growth experience, causes of crime, guardianship and education of juvenile 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 to arrest, it shall interrogate the juvenile criminal suspect and defendant and listen to the opinions of defense lawyers.
Minors and adults who are detained, arrested or executed criminal punishment shall be detained, managed and educated separately.
Article 281 in the course of interrogation and trial, the legal representatives 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, he may also notify other adult relatives of the juvenile criminal suspect or defendant, and representatives of the school, unit, grassroots organization of the place of residence or the minor protection organization to be present, and record the relevant information. The present legal representative may exercise the litigation rights of the juvenile criminal suspect or defendant on his behalf.
If the legal representatives or other personnel present think that the case handling personnel have infringed upon the legitimate rights and interests of minors in the course of interrogation or trial, they may put forward their opinions. The record of interrogation or court record shall be handed over to the legal agent or other personnel present to read or read to him.
When interrogating a female juvenile criminal suspect, a female staff member shall be present.
In the trial of juvenile criminal cases, after the juvenile defendant has made his final statement, his legal representative may make a supplementary statement.
The provisions of the first, second and third paragraphs shall apply to the interrogation of juvenile victims and witnesses.
Article 282 if a minor is suspected of committing a crime as prescribed in Chapters 4, 5 and 6 of the specific provisions of the criminal law, he may be sentenced to not more than one year's fixed-term imprisonment, and if he meets the conditions for prosecution but shows repentance, the people's Procuratorate may make a decision not to initiate a prosecution with conditions. The people's Procuratorate shall listen to the opinions of the public security organ and the victim before making the decision of conditional non prosecution.
The provisions of articles 179 and 180 of this Law shall apply to the decision of conditional non prosecution, where the public security organ requests reconsideration, a request for review or a complaint from the victim.
If a juvenile criminal suspect and his legal representative object to the decision of the people's Procuratorate not to initiate a conditional prosecution, the people's Procuratorate shall make a decision to prosecute.
Article 283 during the probation period of conditional non prosecution, the people's Procuratorate shall supervise and inspect the juvenile criminal suspects who are subject to conditional non prosecution. The guardian of a juvenile criminal suspect shall strengthen the discipline of the juvenile criminal suspect and cooperate with the people's Procuratorate in the supervision and investigation work.
The trial period for conditional non prosecution shall be between six months and not more than one year, counting from the date when the people's procuratorate makes the decision on conditional non prosecution.
Juvenile criminal suspects who are not prosecuted with conditions shall abide by the following provisions:
（1） Abide by laws and regulations and obey supervision;
（2） To report on their own activities in accordance with the provisions of the investigation authorities;
（3） To leave the city or county where he lives or to move to another place shall be reported to the investigation organ for approval;
（4） They should receive treatment and education according to the requirements of the investigation organization.
Article 284 if a juvenile criminal suspect who is subject to conditional non prosecution falls into any of the following circumstances during the probation period, the people's Procuratorate shall revoke the decision of conditional non prosecution and initiate a public prosecution:
（1） Committing a new crime or discovering that there are other crimes that need to be prosecuted before a conditional decision is made not to prosecute;
（2） Violating the regulations on the administration of public security or the regulations on supervision and administration of conditional non prosecution issued by the investigation organ, and the circumstances are serious.
If a juvenile criminal suspect who has been conditionally refused to prosecute does not have the above-mentioned circumstances during the probation period, and the people's Procuratorate shall make a decision not to initiate a prosecution at the expiration of the probation period.
Article 285 a case 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 if a person is under the age of 18 at the time of committing a crime and is sentenced to a fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed up.
If a criminal record is sealed up, it shall not be provided to any unit or individual, with the exception of cases handled by judicial organs or inquired by relevant units in accordance with state regulations. The units that make inquiries according to law shall keep the sealed criminal records confidential.
Article 287 the handling of criminal cases involving minors shall be conducted in accordance with other provisions of this law, except as provided for in this chapter.
Chapter II litigation procedure of public prosecution cases in which the parties are reconciled
Article 288
In the following cases of public prosecution, if the criminal suspect or defendant sincerely repents and obtains the victim's understanding by compensating the victim for the loss or apology, and the victim voluntarily reconciles, the two parties may make a settlement:
（1） Those who are suspected of criminal cases specified in Chapter IV and Chapter V of the specific provisions of the criminal law and may be sentenced to not more than three years' fixed-term imprisonment due to civil disputes;
（2） In addition to the crime of dereliction of duty, the negligent criminal cases may be sentenced to not more than seven years' fixed-term imprisonment.
If a criminal suspect or defendant has committed a crime intentionally within five years, the procedures prescribed in this chapter shall not apply.
Article 289 if the two parties reach a settlement, the public security organ, the people's Procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement, and preside over the preparation of a settlement agreement.
Article 290 the public security organ may propose lenient treatment to the people's Procuratorate when a settlement agreement is reached. 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 initiate a prosecution. The people's court may give a lenient punishment to the defendant according to law.

Chapter III default trial procedure
Article 291
In the case of corruption and bribery, as well as cases of serious endangering national security and terrorist activities approved by the Supreme People's Procuratorate, where the suspect or defendant is abroad, and the supervisory organ or public security organ transfers the case for prosecution, and the people's Procuratorate considers that the facts of the crime have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated according to law, A public prosecution may be initiated in a people's court. After examination, the people's court shall decide to hold a court session if there are clear facts of the alleged crime in the indictment and meet the applicable conditions of the default trial procedure.
The cases 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 leaving the country, or the intermediate people's court designated by the Supreme People's court.
Article 292 the people's court shall serve a copy of the summons and the indictment of the people's Procuratorate on the defendant through judicial assistance provided for in relevant international treaties or through diplomatic channels, or by other means permitted by the law of the place where the defendant is located. After the service of the summons and the copy of the indictment, if the defendant fails to appear in the case as required, the people's court shall hold a court session to hear the case, make a judgment according to law, and deal with the illegal income and other property involved in the case.
Article 293 when a people's court tries a case in default, the defendant shall have the right to entrust a defender, and a close 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 appoint lawyers to provide defense for the defendant.
Article 294 the people's court shall serve a written judgment on the defendant, his close relatives and defenders. If the defendant or his close relative refuses to accept the judgment, he shall have the right to appeal to the people's court at the next higher level. The defender may appeal with the consent of the defendant or his close relatives.
If the people's Procuratorate considers that the judgment of the people's court is indeed wrong, it shall appeal to the people's court at the next higher level.
Article 295 if, in the course of a trial, the defendant voluntarily surrenders himself or is arrested, the people's court shall try the case again.
If a criminal comes to the case after the judgment or order has become legally effective, the people's court shall deliver the criminal to be executed. Before the sentence is handed over for execution, the people's court shall inform the criminal that he has the right to object to the judgment or order. If a criminal objects to the judgment or order, the people's court shall try it again.
If the disposition of a criminal's property in accordance with an effective judgment or order is really wrong, it shall be returned or compensated.
Article 296 if the defendant is unable to appear in court because of a serious illness and the trial has been suspended for more than six months, and the defendant and his legal representatives or close relatives apply for or agree to resume the trial, the people's court may, without appearing in court, make a judgment according to 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 through trial in default, it shall make a judgment according to law.
If the defendant dies, the people's court may try the case in default and make a judgment according to law in accordance with the procedure of trial supervision.

Chapter IV procedures for confiscation of illegal gains in cases of criminal suspects and defendants escaping, hiding or dying
Article 298
For major criminal cases such as corruption and bribery, terrorist activities, etc., where the criminal suspect or defendant escapes and fails to come to the case after being wanted for one year, or the criminal suspect or defendant dies, and the illegal income and other property involved in the case should be recovered according to the criminal law, 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 a written opinion on confiscation of illegal income and transfer it to the people's Procuratorate.
The application for confiscation of illegal gains shall provide evidence materials related to criminal facts and illegal gains, and list the type, quantity, location of the property and the situation of sealing up, detaining and freezing.
When necessary, the people's court may seal up, distrain or freeze the property applied for confiscation.
Article 299 an application for confiscation of illegal gains shall be tried by a collegial panel formed by the intermediate people's court in the place where the crime is committed or where the criminal suspect or defendant lives.
After accepting the application for confiscation of illegal gains, the people's court shall issue a public announcement. The announcement period is six months. The close relatives of a criminal suspect or defendant and other interested parties shall have the right to apply for participation in the proceedings, and may also 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. If the interested parties participate in the litigation, the people's court shall hold a court session.
Article 300 after hearing, the people's court shall, except for those returned to the victim according to law, order to confiscate the illegal gains and other property involved in the case; if the property does not belong to the property that should be recovered, it shall rule to reject the application and lift the measures of sealing up, detaining and freezing.
With regard to the ruling made by the people's court in accordance with the provisions of the preceding paragraph, the criminal suspect, the close relatives of the defendant and other interested parties or the people's Procuratorate may appeal or protest.
Article 301 in the course of a trial, if a criminal suspect or defendant who is at large voluntarily surrenders himself to court or is arrested, the people's court shall terminate the trial.
If there is a definite error in confiscating the property of a criminal suspect or defendant, it shall be returned and compensated.

Chapter V compulsory medical procedures for mental patients who are not liable for criminal responsibility according to law
Article 302
If a mental patient who commits a violent act, endangers public security or seriously endangers the personal safety of citizens, and is identified by legal procedures as not liable for criminal responsibility according to law, and is likely to continue to endanger society, compulsory medical treatment may be given.
Article 303 compulsory medical treatment for mental patients in accordance with the provisions of this chapter shall be decided by the people's court.
If a public security organ discovers that a mental patient meets the conditions for compulsory medical treatment, it shall write out an opinion on compulsory medical treatment and transfer it to the people's Procuratorate. The people's Procuratorate shall apply to the people's court for compulsory medical treatment if the mental patient transferred by the public security organ or found in the process of examination and prosecution meets the conditions for compulsory medical treatment. If the people's court finds that the defendant meets the conditions for compulsory medical treatment during the trial of a case, it may make a decision on compulsory medical treatment.
Before the people's court decides to make compulsory medical treatment, the public security organs may take temporary protective and binding measures against the mental patients who commit violent acts.
Article 304 after accepting an application for compulsory medical treatment, the people's court shall form a collegial panel to hear the case.
When trying 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 the defendant has not appointed an agent ad litem, the people's court shall notify the legal aid institution to appoint lawyers to provide legal assistance.
Article 305 after hearing a case, the people's court shall 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, victim and their legal representatives or close relatives who are determined to make compulsory medical treatment are not satisfied with the decision, they may apply to the people's court at the next higher level for reconsideration.
Article 306 a compulsory medical institution shall regularly diagnose and evaluate the persons who are subject to compulsory medical treatment. If it is no longer necessary to continue the compulsory medical treatment because it is no longer of personal danger, it shall put forward the opinion of Rescission in a timely manner and report it to the people's court that has decided on the compulsory medical treatment for approval.
The person who is subject to compulsory medical treatment and his close relatives have the right to apply for the cancellation of compulsory medical treatment.
Article 307 the people's procuratorates shall supervise the decision and execution of compulsory medical treatment.

Supplementary articles
Article 308
The Security Department of the armed forces shall exercise the power to investigate criminal cases within the armed forces.
The maritime police bureau of China performs its duty of protecting and enforcing maritime rights and exercises the right of investigation in criminal cases at sea.
The case of a criminal committing a crime in a prison shall be investigated by the prison.
The relevant provisions of this Law shall apply to the handling of criminal cases by the military security department, the China Coast Guard Bureau and the prison.