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中华人民共和国刑事诉讼法(英文版)(上)

 

  CRIMINAL PROCEDURE LAW OF THE PEOPLE S REPUBLIC OF CHINA
  (Adopted on January 1, 1997)
  PART ONE GENERAL PROVISIONS
  CHAPTER I AIM AND BASIC PRINCIPLES
  CHAPTER II JURISDICTION
  CHAPTER III WITHDRAWAL
  CHAPTER IV DEFENCE AND REPRESENTATION
  CHAPTER V EVIDENCE CHAPTER VI COMPULSORY MEASURES
  CHAPTER VII INCIDENTAL CIVIL ACTIONS
  CHAPTER VIII TIME PERIODS AND SERVICE
  CHAPTER IX OTHER PROVISIONS PART TWO FILING A CASE, INVESTIGATION, AND INITIATION OF PUBLIC PROSECUTION
  CHAPTER I FILING A CASE
  CHAPTER II INVESTIGATION
  SECTION 1 GENERAL PROVISIONS
  SECTION 2 INTERROGATION OF THE CRIMINAL SUSPECT
  SECTION 3 QUESTIONING OF THE WITNESSES
  SECTION 4 INQUEST AND EXAMINATION
  SECTION 5 SEARCH
  SECTION 6 SEIZURE OF MATERIAL EVIDENCE AND DOCUMENTARY EVIDENCE
  SECTION 7 EXPERT EVALUATION
  SECTION 8 WANTED ORDERS
  SECTION 9 CONCLUSION OF INVESTIGATION
  SECTION 10 INVESTIGATION OF CASES DIRECTLY ACCEPTED BY THE PEOPLE S PROCURATORATES
  CHAPTER III INITIATION OF PUBLIC PROSECUTION PART THREE TRIAL
  CHAPTER I TRIAL ORGANIZATIONS
  CHAPTER II PROCEDURE OF FIRST INSTANCE
  SECTION 1 CASES OF PUBLIC PROSECUTION
  SECTION 2 CASES OF PRIVATE PROSECUTION
  SECTION 3 SUMMARY PROCEDURE
  CHAPTER III PROCEDURE OF SECOND INSTANCE
  CHAPTER IV PROCEDURE FOR REVIEW OF DEATH SENTENCES
  CHAPTER V PROCEDURE FOR TRIAL SUPERVISION PART FOUR EXECUTION SUPPLEMENTARY PROVISIONS
  CHAPTER I AIM AND BASIC PRINCIPLES
  Article 1 This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, punishing crimes, protecting the people, safeguarding State and public security and maintaining socialist public order.
  Article 2 The aim of the Criminal Procedure Law of the People s Republic of China is: to ensure accurate and timely ascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal responsibility; to enhance the citizens awareness of the need to abide by law and to fight vigorously against criminal acts in order to safeguard the socialist legal system, to protect the citizens personal rights; their property rights, democratic rights and other rights; and to guarantee smooth progress of the cause of socialist development.
  Article 3 The public security organs shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal cases. The People s Procuratorates shall be responsible for procuratorial work, authorizing approval of arrests, conducting investigation and initiating public prosecution of cases directly accepted by the procuratorial organs. The People s Courts shall be responsible for adjudication. Except as otherwise provided by law, no other organs, organizations or individuals shall have the authority to exercise such powers.
  In conducting criminal proceedings, the People s Courts, the People s Procuratorates and the public security organs must strictly observe this Law and any relevant stipulations of other laws.
  Article 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions and powers as the public security organs.
  Article 5 The People s Courts shall exercise judicial power independently in accordance with law and the People s Procuratorates shall exercise procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organ, public organization or individual.
  Article 6 In conducting criminal proceedings, the People s Courts, the People s Procuratorates and the public security organs must rely on the masses, base themselves on facts and take law as the criterion. The law applies equally to all citizens and no privilege whatsoever is permissible before law.
  Article 7 In conducting criminal proceedings, the People s Courts, the People s Procuratorates and the public security organs shall divide responsibilities, coordinate their efforts and check each other to ensure the correct and effective enforcement of law.
  Article 8 The People s Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings.
  Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The People s Courts, the People s Procuratorates and the public security organs shall provide translations for any party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality.
  Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents shall be issued in the written language commonly used in the locality.
  Article 10 In trying cases, the People s Courts shall apply the system whereby the second instance is final.
  Article 11 Cases in the People s Courts shall be heard in public, unless otherwise provided by this Law. A defendant shall have the right to defence, and the People s Courts shall have the duty to guarantee his defence.
  Article 12 No person shall be found guilty without being judged as such by a People s Court according to law.
  Article 13 In trying cases, the People s Courts shall apply the system of people s assessors taking part in trials in accordance with this Law.
  Article 14 The People s Courts, the People s Procuratorates and the public security organs shall safeguard the procedural rights to which participants in proceedings are entitled according to law.
  In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the defendant may be notified to be present at the time of interrogation and trial.
  Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe on their citizen s procedural rights or subject their persons to indignities.
  Article 15 In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared:
  (1) if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime;
  (2) if the limitation period for criminal prosecution has expired;
  (3) if an exemption of criminal punishment has been granted in a special amnesty decree;
  (4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn;
  (5) if the criminal suspect or defendant is deceased; or
  (6) if other laws provide an exemption from investigation of criminal responsibility.
  Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.
  If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels.
  Article 17 In accordance with the international treaties which the People s Republic of China has concluded or acceded to or on the principle of reciprocity, the judicial organs of China and that of other countries may request judicial assistance from each other in criminal affairs.
  Article 18 Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law.
  Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations of a citizen s personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal search and crimes involving infringement of a citizen s democratic rights -- committed by State functionaries by taking advantage of their functions and powers -- shall be placed on file for investigation by the People s Procuratorates. If cases involving other grave crimes committed by State functionaries by taking advantage of their functions and powers need be handled directly by the People s Procuratorates, they may be placed on file for investigation by the People s Procuratorates upon decision by the People s Procuratorates at or above the provincial level.
  Cases of private prosecution shall be handled directly by the People s Courts.
  Article 19 The Primary People s Courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases which fall under the jurisdiction of the People s Courts at higher levels as stipulated by this Law shall be exceptions.
  Article 20 The Intermediate People s Courts shall have jurisdiction as courts of first instance over the following criminal cases:
  (1) counterrevolutionary cases and cases endangering State security;
  (2) ordinary criminal cases punishable by life imprisonment or the death penalty; and
  (3) criminal cases in which the offenders are foreigners.
  Article 21 The Higher People s Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire province (or autonomous region, or municipality directly under the Central Government).
  Article 22 The Supreme People s Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole nation.
  Article 23 When necessary, People s Courts at higher levels may try criminal cases over which People s Courts at lower levels have jurisdiction as courts of first instance; If a People s Court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial 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 24 A criminal case shall be under the jurisdiction of the People s Court in the place where the crime was committed. If it is more appropriate for the case to be tried by the People s Court in the place where the defendant resides, then that court may have jurisdiction over the case.
  Article 25 When two or more People s Courts at the same level have jurisdiction over a case, it shall be tried by the People s Court that first accepted it. When necessary the case may be transferred for trial to the People s Court in the principal place where the crime was committed.
  Article 26 A People s Court at a higher level may instruct a People s Court at a lower level to try a case over which jurisdiction is unclear and may also instruct a People s Court at a lower level to transfer the case to another People s Court for trial.
  Article 27 The jurisdiction over cases in special People s Courts shall be stipulated separately.
  Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:
  (1) if he is a party or a near relative of a party to the case;
  (2) if he or a near relative of his has an interest in the case;
  (3) if he has served as a witness, expert witness, defender or agent ad litem in the current case; or
  (4) if he has any other relations with a party to the case that could affect the impartial handling of the case.
  Article 29 Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons entrusted by the parties and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the parties.
  Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility. The parties to the case and their legal representatives shall have the right to request him to withdraw.
  Article 30 The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of the court, the chief procurator, and the head of a public security organ; the withdrawal of the president of the court shall be determined by the court s judicial committee; and the withdrawal of the chief procurator or the head of a public security organ shall be determined by the procuratorial committee of the People s Procuratorate at the corresponding level.
  An investigator may not suspend investigation of a case before a decision is made on his withdrawal.
  If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration once.
  Article 31 The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses.
  CHAPTER IV DEFENCE AND REPRESENTATION
  Article 32 In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or two persons as his defenders. The following persons may be entrusted as defenders:
  (1) lawyers;
  (2) persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and
  (3) guardians or relatives and friends of the criminal suspect or the defendant.
  Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve as defenders.
  Article 33 A criminal suspect in a case of public prosecution shall have the right to entrust persons as his defenders from the date on which the case is transferred for examination before prosecution. A defendant in a case of private prosecution shall have the right to entrust persons as his defenders at any time.
  A People s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, inform the criminal suspect that he has the right to entrust persons as his defenders. A People s Court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust persons as his defenders.
  Article 34 If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone to be his defender due to financial difficulties or other reasons, the People s Court may designate a lawyer that is obligated to provide legal aid to serve as a defender.
  If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the People s Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.
  If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his defender, the People s Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.
  Article 35 The responsibility of a defender shall be to present, according to the facts and law, materials and opinions proving the innocence of the criminal suspect or defendant, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the defendant.
  Article 36 Defence lawyers may, from the date on which the People s Procuratorate begins to examine a case for prosecution, consult, extract and duplicate the judicial documents pertaining to the current case and the technical verification material, and may meet and correspond with the criminal suspect in custody. Other defenders, with permission of the People s Procuratorate, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody.
  Defence lawyers may, from the date on which the People s Court accepts a case, consult, extract and duplicate the material of the facts of the crime accused in the current case, and may meet and correspond with the defendant in custody. Other defenders, with permission of the People s Court, may also consult, extract and duplicate the above-mentioned material, and may meet and correspond with the defendant in custody.
  Article 37 Defence lawyers may, with the consent of the witnesses or other units and individuals concerned, collect information pertaining to the current case from them and they may also apply to the People s Procuratorate or the People s Court for the collection and obtaining of evidence, or request the People s Court to inform the witnesses to appear in court and give testimony.
  With permission of the People s Procuratorate or the People s Court and with the consent of the victim, his near relatives or the witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.
  Article 38 Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy or falsify evidence or to tally their confessions, and shall not intimidate or induce the witnesses to modify their testimony or give false testimony or conduct other acts to interfere with the proceedings of the judicial organs.
  Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.
  Article 39 During a trial, the defendant may refuse to have his defendant continue to defend him and may entrust his defence to another defender.
  Article 40 A victim in a case of public prosecution, his legal representatives or near relatives, and a party in an incidental civil action and his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right to entrust agents ad litem. A private prosecutor in a case of private prosecution and his legal representatives, and a party in an incidental civil action and his 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 file record of a case transferred for examination before prosecution, notify the victim and his legal representatives or near relatives and the party in an incidental civil action and his 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, notify the private prosecutor and his legal representatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.
  Article 41 With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.
  Article 42 All facts that prove the true circumstances of a case shall be evidence.
  There shall be the following seven categories of evidence:
  (1) material evidence and documentary evidence;
  (2) testimony of witnesses;
  (3) statements of victims;
  (4) statements and exculpations of criminal suspects or defendants;
  (5) expert conclusions;
  (6) records of inquests and examination; and
  (7) audio-visual materials.
  Any of the above evidence must be verified before it can be used as the basis for deciding cases.
  Article 43 Judges, procurators and investigators must, in accordance with the legally prescribed process, collect various kinds of evidence that can prove the criminal suspect s or defendant s guilt or innocence and the gravity of his crime. It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought in to help the investigation.
  Article 44 The public security organ s requests for approval of arrest, the People s Procuratorate s bills of prosecution and the People s Court s written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.
  Article 45 The People s Courts, the People s Procuratorates and the public security organs shall have the authority to collect or obtain evidence from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence.
  Evidence involving State secrets shall be kept confidential.
  Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under law.
  Article 46 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral statements. A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement but no evidence; the defendant may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his statement.
  Article 47 The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant and defenders, and after the testimonies of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with law.
  Article 48 All those who have information about a case shall have the duty to testify.
  Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves shall not be qualified as witnesses.
  Article 49 The People s Courts, the People s Procuratorates and the public security organs shall insure the safety of witnesses and their near relatives.
  Anyone who intimidates, humiliates, beats or retaliates against a witness or his near relatives, if his act 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 violation of public security in accordance with law.
  Article 50 The People s Courts, the People s Procuratorates and the public security organs may, according to the circumstances of a case, issue a warrant to compel the appearance of the criminal suspect or defendant, order him to obtain a guarantor pending trial or subject him to residential surveillance.
  Article 51 The People s Courts, the People s Procuratorates and the public security organs may allow criminal suspects or defendants under any of the following conditions to obtain a guarantor pending trial or subject them to residential surveillance:
  (1) They may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or
  (2) They may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if they are allowed to obtain a guarantor pending trial or are placed under residential surveillance.
  The public security organs shall execute the decision on allowing a criminal suspect or defendant to obtain a guarantor pending trial or on subjecting him to residential surveillance.
  Article 52 A criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for obtaining a guarantor pending trial.
  Article 53 If the People s Courts, the People s Procuratorates or the public security organs decide to allow a criminal suspect or defendant to obtain a guarantor pending trial, they shall order the criminal suspect or defendant to provide a guarantor or pay guaranty money.
  Article 54 A guarantor must be a person who meets the following conditions:
  (1) to be not involved in the current case;
  (2) to be able to perform a guarantor s duties;
  (3) to be entitled to political rights and not subjected to restriction of personal freedom; and
  (4) to have a fixed domicile and steady income.
  Article 55 A guarantor shall perform the following duties:
  (1) to see to it that the person under his guarantee observes the provisions of Article 56 of this Law; and
  (2) to promptly report to the executing organ when finding that the person under his guarantee may commit or has already committed acts in violation of the provisions of Article 56 of this Law.
  If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the provisions of Article 56 of this Law, he shall be fined. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
  Article 56 A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following provisions:
  (1) not to leave the city or county where he resides without permission of the executing organ;
  (2) to be present in time at a court when summoned;
  (3) not to interfere in any form with the witness when the latter gives testimony; and
  (4) not to destroy or falsify evidence or tally confessions.
  If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph, the guaranty money paid shall be confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant shall be ordered to write a statement of repentance, pay guaranty money or provide a guarantor again, or shall be subjected to residential surveillance or arrested. If a criminal suspect or defendant is found not to have violated the provisions in the preceding paragraph during the period when he has obtained a guarantor pending trial, the guaranty money shall be returned to him at the end of the period.
  Article 57 A criminal suspect or defendant under residential surveillance shall observe the following provisions:
  (1) not to leave his domicile without permission of the executing organ or, if he has no fixed domicile, not to leave the designated residence without permission;
  (2) not to meet with others without permission of the executing organ;
  (3) to be present in time at a court when summoned;
  (4) not to interfere in any form with the witness when the latter gives testimony; and
  (5) not to destroy or falsify evidence or tally confessions.
  If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and if the case is serious, he shall be arrested.
  Article 58 The period granted by a People s Court, People s Procuratorate or public security organ to a criminal suspect or defendant for awaiting trial after obtaining a guarantor shall not exceed twelve months; the period for residential surveillance shall not exceed six months.
  During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under residential surveillance, investigation, prosecution and handling of the case shall not be suspended. If it is discovered that the criminal suspect or the defendant should not be investigated for criminal responsibility or when the period for awaiting trial after obtaining a guarantor or the period of residential surveillance has expired, such period shall be terminated without delay. The person who has obtained a guarantor pending trial or who is under residential surveillance and the units concerned shall be notified of the termination immediately.
  Article 59 Arrests of criminal suspects or defendants shall be subject to approval by a People s Procuratorate or decision by a People s Court and shall be executed by a public security organ.
  Article 60 When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of not less than imprisonment, and if such measures as allowing him to obtain a guarantor pending trial or placing him under residential surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating his arrest, the criminal suspect or defendant shall be immediately arrested according to law.
  If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own baby, he or she may be allowed to obtain a guarantor pending trial or be placed under residential surveillance.
  Article 61 Public security organs may initially detain an active criminal or a major suspect under any of the following conditions:
  (1) if he is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime;
  (2) if he is identified as having committed a crime by a victim or an eyewitness;
  (3) if criminal evidence is found on his body or at his residence;
  (4) if he attempts to commit suicide or escape after committing a crime, or he is a fugitive;
  (5) if there is likelihood of his destroying or falsifying evidence or tallying confessions;
  (6) if he does not tell his true name and address and his identity is unknown; and
  (7) if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang.
  Article 62 When a public security organ is to detain or arrest a person in another place, it shall inform the public security organ in the place where the person to be detained or arrested stays, and the public security organ there shall cooperate in the action.
  Article 63 The persons listed below may be seized outright by any citizen and delivered to a public security organ, a People s Procuratorate or a People s Court for handling:
  (1) any person who is committing a crime or is discovered immediately after committing a crime;
  (2) any person who is wanted for arrest;
  (3) any person who has escaped from prison; and
  (4) any person who is being pursued for arrest.
  Article 64 When detaining a person, a public security organ must produce a detention warrant.
  Within 24 hours after a person has been detained, his family or the unit to which he belongs shall be notified of the reasons for detention and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.
  Article 65 A public security organ shall interrogate a detainee within 24 hours after detention. If it is found that the person should not have been detained, he must be immediately released and issued a release certificate. If the public security organ finds it necessary to arrest a detainee when sufficient evidence is still lacking, it may allow the detainee to obtain a guarantor pending trial or place him under residential surveillance.
  Article 66 When a public security organ wishes to arrest a criminal suspect, it shall submit a written request for approval of arrest together with the case file and evidence to the People s Procuratorate at the same level for examination and approval. When necessary, the People s Procuratorate may send procurators to participate in the public security organ s discussion of a major case.
  Article 67 The chief procurator shall make the decision on a People s Procuratorate s examination and approval of the arrest of a criminal suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.
  Article 68 After a People s Procuratorate has examined a case with respect to which a public security organ has submitted a request for approval of arrest, it shall decide according to the circumstances of the case either to approve the arrest or disapprove the arrest. If it decides to approve the arrest, the public security organ shall execute it immediately and inform the People s Procuratorate of the result without delay. If the People s Procuratorate disapproves the arrest, it shall give its reasons therefor; and if it deems a supplementary investigation necessary, it shall at the same time notify the public security organ of the need.
  Article 69 If the public security organ deems it necessary to arrest a detainee, it shall, within three days after the detention, submit a request to the People s Procuratorate for examination and approval. Under special circumstances, the time limit for submitting a request for examination and approval may be extended by one to four days.
  As to the arrest of a major suspect involved in crimes committed from one place to another, repeatedly, or in a gang, the time limit for submitting a request for examination and approval may be extended to 30 days.
  The People s Procuratorate shall decide either to approve or disapprove the arrest within seven days from the date of receiving the written request for approval of arrest submitted by a public security organ. If the People s Procuratorate disapproves the arrest, the public security organ shall, upon receiving notification, immediately release the detainee and inform the People s Procuratorate of the result without delay. If further investigation is necessary, and if the released person meets the conditions for obtaining a guarantor pending trial or for residential surveillance, he shall be allowed to obtain a guarantor pending trial or subjected to residential surveillance according to law.
  Article 70 If the public security organ considers the People s Procuratorate s decision to disapprove an arrest to be incorrect, it may request a reconsideration but must immediately release the detainee. If the public security organ s opinion is not accepted, it may request a review by the People s Procuratorate at the next higher level. The People s Procuratorate at the higher level shall immediately review the matter, decide whether or not to make a change and notify the People s Procuratorate at the lower level and the public security organ to implement its decision.
  Article 71 When making an arrest, a public security organ must produce an arrest warrant.
  Within 24 hours after an arrest, the family of the arrested person or the unit to which he belongs shall be notified of the reasons for arrest and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.
  Article 72 Interrogation must be conducted within 24 hours after the arrest, by a People s Court or People s Procuratorate with respect to a person it has decided to arrest, and by a public security organ with respect to a person it has arrested with the approval of the People s Procuratorate. If it is found that the person should not have been arrested, he must be immediately released and issued a release certificate.
  Article 73 If a People s Court, a People s Procuratorate or a public security organ finds that the compulsory measures adopted against a criminal suspect or defendant are inappropriate, such measures shall be cancelled or modified without delay. If a public security organ releases a person arrested or substitute the measure of arrest with a different measure, it shall notify the People s Procuratorate that approved the arrest.
  Article 74 If a case involving a criminal suspect or defendant in custody cannot be closed within the time limit stipulated by this Law for keeping the criminal suspect or defendant under custody for the sake of investigation, for conducting examination before prosecution, or for the procedure of first or second instance and thus further investigation, verification and handling are needed, the criminal suspect or defendant may be allowed to obtain a guarantor pending trial or subjected to residential surveillance.
  Article 75 If the compulsory measures adopted by a People s Court, a People s Procuratorate or a public security organ exceed the time limit prescribed by law, the criminal suspect or defendant, his legal representatives, near relatives, or the lawyers or other defenders entrusted by the criminal suspect or defendant shall have the right to demand cancellation of the compulsory measures. The People s Court, the People s Procuratorate, or the public security organ shall release the criminal suspect or defendant when the compulsory measures adopted against him have exceeded the time limit prescribed by law, terminate the period for awaiting trial after obtaining a guarantor or for residential surveillance, or take different compulsory measures according to law.
  Article 76 If in the process of examining and approving arrests, a People s Procuratorate discovers illegalities in the investigatory 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 corrections it has made.
  CHAPTER VII INCIDENTAL CIVIL ACTIONS
  Article 77 If a victim has suffered material losses as a result of the defendant s criminal act, he shall have the right to file an incidental civil action during the course of the criminal proceeding.
  If losses have been caused to State property or collective property, the People s Procuratorate may file an incidental civil action while initiating a public prosecution.
  When necessary, the People s Court may seal up or distrain upon the property of the defendant.
  Article 78 An incidental civil action shall be heard together with the criminal case. Only for the purpose of preventing excessive delay in a trial of the criminal case may the same judicial organization, after completing the trial of the criminal case, continue to hear the incidental civil action.
  CHAPTER VIII TIME PERIODS AND SERVICE
  Article 79 Time periods shall be calculated by the hour, the day and the month.
  The hour and day from which a time period begins shall not be counted as within the time period.
  A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration of the time period shall not be regarded as overdue.
  Article 80 When a party cannot meet a deadline due to irresistible causes or for other legitimate reasons, he may, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.
  A People s Court shall decide whether or not to approve the application described in the preceding paragraph.
  Article 81 Summons, notices and other court documents shall be delivered to the addressee himself; if the addressee is absent, the documents may be received on his behalf by an adult member of his family or a responsible person of his unit.
  If the addressee or a recipient on his behalf refuses to accept the documents or refuses to sign and affix his seal to the receipt, the person serving the documents may ask the addressee s neighbours or other witnesses to the scene, explain the situation to them, leave the documents at the addressee s residence, record on the service certificate the particulars of the refusal and the date of service and sign his name to it; the service shall thus be deemed to have been completed.
  Article 82 For the purpose of this law, the definitions of the following terms are:
  (1) “Investigation” means the specialized investigatory work and related compulsory measures carried out according to law by the public security organs and People s Procuratorates in the process of handling cases.
  (2) “Parties” means victims, private prosecutors, criminal suspects, defendants and the plaintiffs and defendants in incidental civil actions.
  (3) “Legal representatives” means the parents, foster parents or guardians of a person being represented and representatives of the State organ or public organization responsible for that person s protection;
  (4) “Participants in the proceedings” means the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and interpreters;
  (5) “agents ad litem” means persons entrusted by victims in cases of public prosecution and their legal representatives or near relatives and by private prosecutors in cases of private prosecution and their legal representatives to participate in legal proceedings on their behalf, and persons entrusted by parties in incidental civil actions and their legal representatives to participate in legal proceedings on their behalf.
  (6) “Near relatives” means a person s husband or wife, father, mother, sons, daughters, and brothers and sisters born of the same parents.
  PART TWO FILING A CASE, INVESTIGATION, AND INITIATION OF PUBLIC
  Article 83 The public security organs or the People s Procuratorates shall, upon discovering facts of crimes or criminal suspects, file the cases for investigation within the scope of their jurisdiction.
  Article 84 Any unit or individual, upon discovering facts of a crime or a criminal suspect, shall have the right and duty to report the case or provide information to a public security organ, a People s Procuratorate or a People s Court.
  When his personal or property rights are infringed upon, the victim shall have the right to report to a public security organ, a People s Procuratorate or a People s Court about the facts of the crime or bring a complaint to it against the criminal suspect.
  The public security organ, the People s Procuratorate or the People s Court shall accept all reports, complaints and information. If a case does not fall under its jurisdiction, it shall refer the case to the competent organ and notify the person who made the report, lodged the complaint or provided the information. If the case does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures before referring the case to the competent organ.
  Where an offender delivers himself up to a public security organ, a People s Procuratorate or a People s Court, the provisions of the third paragraph shall apply.
  Article 85 Reports, complaints and information may be filed in writing or orally. The officer receiving an oral report, complaint or information shall make a written record of it, which, after being read to the reporter, complainant or informant and found free of error, shall be signed or sealed by him or her.
  The officer receiving the complaint or information shall clearly explain to the complainant or the informant the legal responsibility that shall be incurred for making a false accusation. However, a complaint or information that does not accord with the facts, or even a mistaken complaint shall be strictly distinguished from a false accusation, as long as no fabrication of facts or falsification of evidence is involved.
  The public security organs, the People s Procuratorates and the People s Courts shall insure the safety of reporters, complainants and informants as well as their near relatives. If the reporters, complainants or informants wish not to make their names and acts of reporting, complaining or informing known to the public, these shall be kept confidential for them.
  Article 86 A People s Court, People s Procuratorate or public security organ shall, within the scope of its jurisdiction, promptly examine the materials provided by a reporter, complainant or informant and the confession of an offender who has voluntarily surrendered. If it believes that there are facts of a crime and criminal responsibility should be investigated, it shall file a case. If it believes that there are no facts of a crime or that the facts are obviously incidental and do not require investigation of criminal responsibility, it shall not file a case and shall notify the complainant of the reason. If the complainant does not agree with the decision, he may ask for reconsideration.
  Article 87 Where a People s Procuratorate considers that a case should be filed for investigation by a public security organ but the latter has not done so, or where a victim considers that a case should be filed for investigation by a public security organ but the latter has not done so and the victim has brought the matter to a People s Procuratorate, the People s Procuratorate shall request the public security organ to state the reasons for not filing the case. If the People s Procuratorate considers that the reasons for not filing the case given by the public security organ are untenable, it shall notify the public security organ to file the case, and upon receiving the notification, the public security organ shall file the case.
  Article 88 As to a case of private prosecution, the victim shall have the right to bring a suit directly to a People s Court. If the victim is dead or has lost his ability of conduct, his legal representatives and near relatives shall have the right to bring a suit to a People s Court. The People s Court shall accept it according to law.
  Article 89 With respect to a criminal case which has been filed, the public security organ shall carry out investigation, collecting and obtaining evidence to prove the criminal suspect guilty or innocent or to prove the crime to be minor or grave. Active 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 90 After investigation, the public security organ shall start preliminary inquiry into a case for which there is evidence that supports the facts of the crime, in order to verify the evidence which has been collected and obtained.
  SECTION 2 INTERROGATION OF THE CRIMINAL SUSPECT
  Article 91 Interrogation of a criminal suspect must be conducted by the investigators of a People s Procuratorate or public security organ. During an interrogation, there must be no fewer than two investigators participating.
  Article 92 A criminal suspect who need not be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect stays for interrogation, or he may be interrogated at his residence. However, the interrogators shall produce their papers issued by a People s Procuratorate or a public security organ.
  The time for interrogation through summons or forced appearance shall not exceed 12 hours. A criminal suspect shall not be detained under the disguise of successive summons or forced appearance.
  Article 93 When interrogating a criminal suspect, the investigators shall first ask the criminal suspect whether or not he has committed any criminal act, and let him state the circumstances of his guilt or explain his innocence; then they may ask him questions. The criminal suspect shall answer the investigators questions truthfully, but he shall have the right to refuse to answer any questions that are irrelevant to the case.
  Article 94 During the interrogation of a criminal suspect who is deaf or mute, an officer who has a good command of sign language shall participate, and such circumstances shall be noted in the record.
  Article 95 The record of an interrogation shall be shown to the criminal suspect for checking; if the criminal suspect cannot read, the record shall be read to him. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. When the criminal suspect acknowledges that the record is free from error, he shall sign or affix his seal to it. The investigators shall also sign the record. If the criminal suspect requests to write a personal statement, he shall be permitted to do so. When necessary, the investigators may also ask the criminal suspect to write a personal statement.
  Article 96 After the criminal suspect is interrogated by an investigation organ for the first time or from the day on which compulsory measures are adopted against him, he may appoint a lawyer to provide him with legal advice and to file petitions and complaints on his behalf. If the criminal suspect is arrested, the appointed lawyer may apply on his behalf for obtaining a guarantor pending trial. If a case involves State secrets, the criminal suspect shall have to obtain the approval of the investigation organ for appointing a lawyer.
  The appointed lawyer shall have the right to find out from the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody to enquire about the case. When the lawyer meets with the criminal suspect in custody, the investigation organ may, in light of the seriousness of the crime and where it deems it necessary, send its people to be present at the meeting. If a case involves State secrets, before the lawyer meets with the criminal suspect, he shall have to obtain the approval of the investigation organ.
  SECTION 3 QUESTIONING OF THE WITNESSES
  Article 97 Investigators may question a witness at his unit or residence, but they must produce a certificate issued by a People s Procuratorate or public security organ. When necessary, they may also notify the witness to give testimony at the People s Procuratorate or public security organ.
  Witnesses shall be questioned individually.
  Article 98 When a witness is questioned, he shall be instructed to provide evidence and give testimony truthfully and shall be informed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.
  When a witness under the age of 18 is questioned, his legal representative may be notified to be present.
  Article 99 The provisions of Article 95 of this Law shall also apply to the questioning of witnesses.
  Article 100 The provisions of all articles in this Section shall apply to the questioning of victims.
  SECTION 4 INQUEST AND EXAMINATION
  Article 101 Investigators shall conduct an inquest or examination of the sites, objects, people and corpses relevant to a crime. When necessary, experts may be assigned or invited to conduct an inquest or examination under the direction of the investigators.
  Article 102 Each and every unit and individual shall have the duty to preserve the scene of a crime and to immediately notify a public security organ to send officers to hold an inquest.
  Article 103 To conduct an inquest or examination, the investigators must have papers issued by a People s Procuratorate or a public security organ.
  Article 104 If the cause of a death is unclear, a public security organ shall have the power to order an autopsy and shall notify the family members of the deceased to be present.
  Article 105 An examination may be conducted of the person of the victim or criminal suspect in order to ascertain some of his characteristics or physiological condition, or the circumstances of the injury.
  If a criminal suspect refuses to be examined, the investigators, when they deem it necessary, may conduct a compulsory examination.
  Examination of the persons of women shall be conducted by female officers or doctors.
  Article 106 A record shall be made of the circumstances of an inquest or examination, and it shall be signed or sealed by the participants in the inquest or examination and the eyewitnesses.
  Article 107 If, in reviewing a case, a People s Procuratorate deems it necessary to repeat an inquest or examination that has been done by a public security organ, it may ask the latter to conduct another inquest or examination and may send procurators to participate in it.
  Article 108 When necessary and with the approval of the director of a public security bureau, investigative experiments may be conducted in order to clarify the circumstances of a case.
  In conducting investigative experiments, it shall be forbidden to take any action which is hazardous, humiliating to anyone, or offensive to public morals.
  Article 109 In order to collect criminal evidence and track down an offender, investigators may search the person, belongings and residence of the criminal suspect and anyone who might be hiding a criminal or criminal evidence, as well as other relevant places.
  Article 110 Any unit or individual shall have the duty, as required by the People s Procuratorate or the public security organ, to hand over material evidence, documentary evidence or audio-visual material which may prove the criminal suspect guilty or innocent.
  Article 111 When a search is to be conducted, a search warrant must be shown to the person to be searched.
  If an emergency occurs when an arrest or detention is being made, a search may be conducted without a search warrant.
  Article 112 During a search, the person to be searched or his family members, neighbours or other eyewitnesses shall be present at the scene.
  Searches of the persons of women shall be conducted by female officers.
  Article 113 A record shall be made of the circumstances of a search, and it shall be signed or sealed by the investigators and the person searched or his family members, neighbours or other eyewitnesses. If the person searched or his family members have become fugitives or refuse to sign or affix their seals to the record, this shall be noted in the record.
  SECTION 6 SEIZURE OF MATERIAL EVIDENCE AND DOCUMENTARY EVIDENCE
  Article 114 Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect s guilt or innocence shall be seized. Articles and documents which are irrelevant to the case may not be seized.
  Seized articles and documents shall be properly kept or sealed for safekeeping and may not be utilized or damaged.
  Article 115 All seized articles and documents shall be carefully checked by the investigators jointly with the eyewitnesses and the holder of the articles; a detailed list shall be made in duplicate on the spot and shall be signed or sealed by the investigators, the eyewitnesses and the holder. One copy of the list shall be given to the holder, and the other copy shall be kept on file for reference.
  Article 116 If the investigators deem it necessary to seize the mail or telegrams of a criminal suspect, they may, upon approval of a public security organ or a People s Procuratorate, notify the post and telecommunications offices to check and hand over the relevant mail and telegrams for seizure.
  When it becomes unnecessary to continue a seizure, the post and telecommunications offices shall be immediately notified.
  Article 117 The People s Procuratorates and the public security organs may, as required by investigation of crimes, inquire into or freeze criminal suspects deposits or remittances according to regulations.
  If the deposits or remittances of the criminal suspects have been frozen, they shall not be frozen for a second time.
  Article 118 If any seized articles, documents, mail, telegrams or frozen deposits and remittances are proved through investigation to be truly irrelevant to a case, the seizure and freeze shall be cancelled within three days, and the things shall be returned to their original owners or the original post and telecommunications offices.
  Article 119 When certain special problems relating to a case need to be solved in order to clarify the circumstances of the case, experts shall be assigned or invited to give their evaluations.
  Article 120 After evaluating a matter, the experts shall write a conclusion of expert evaluation and affix his signature to it.
  Reverification necessitated by disputes over medical verification of personal injuries and medical verification of mental illness shall be conducted by a hospital designated by a people s government at the provincial level. After verification, the expert shall make a conclusion in writing, to which his signature and the hospital s seal shall be affixed.
  If an expert intentionally makes a false verification, he shall assume legal responsibility.
  Article 121 The investigation organ shall notify the criminal suspect and the victim of the conclusion of the expert verification which will be used as evidence in his case. A supplementary expert verification or another expert verification may be conducted upon application submitted by the criminal suspect or the victim.
  Article 122 The period during which the mental illness of a criminal suspect is under verification shall not be included in the period of time for handling the case.
  Article 123 If a criminal suspect who should be arrested is a fugitive, a public security organ may issue a wanted order and take effective measures to pursue him for arrest and bring him to justice.
  Public security organs at any level may directly issue wanted orders within the areas under their jurisdiction; they shall request a higher- level organ with the proper authority to issue such orders for areas beyond their jurisdiction.
  SECTION 9 CONCLUSION OF INVESTIGATION
  Article 124 The time limit for holding a criminal suspect in custody during investigation after arrest shall not exceed two months. If the case is complex and cannot be concluded within the time limit, an extension of one month may be allowed with the approval of the People s Procuratorate at the next higher level.
  Article 125 If due to special reasons, it is not appropriate to hand over a particularly grave and complex case for trial even within a relatively long period of time, the Supreme People s Procuratorate shall submit a report to the Standing Committee of the National People s Congress for approval of postponing the hearing of the case.
  Article 126 With respect to the following cases, if investigation cannot be concluded within the time limit specified in Article 124 of this Law, an extension of two months may be allowed upon approval or decision by the People s Procuratorate of a province, autonomous region or municipality directly under the Central Government:
  (1) grave and complex cases in outlying areas where traffic is most inconvenient;
  (2) grave cases that involve criminal gangs;
  (3) grave and complex cases that involve people who commit crimes from one place to another; and
  (4) grave and complex cases that involve various quarters and for which it is difficult to obtain evidence.
  Article 127 If in the case of a criminal suspect who may be sentenced to fixed-term imprisonment of ten years at least, investigation of the case can still not be concluded upon expiration of the extended time limit as provided in Article 126 of this Law, another extension of two months may be allowed upon approval or decision by the People s Procuratorate of a province, autonomous region or municipality directly under the Central Government.
  Article 128 If during the period of investigation a criminal suspect is found to have committed other major crimes, the time limit for holding the criminal suspect in custody during investigation shall be recalculated, in accordance with the provisions of Article 124 of this Law, from the date on which such crimes are found.
  If a criminal suspect does not tell his true name and address and his identity is unknown, the time limit for holding him in custody during investigation shall be calculated from the date on which his identity is found out. However, before then, the investigation into his crime and obtaining of evidence shall not be ceased. If the facts of a crime are clear and the evidence is reliable and sufficient, the case may, by the name given by the criminal suspect himself, be transferred to a People s Procuratorate for examination and prosecution.
  Article 129 After a public security organ has concluded its investigation of a case, the facts should be clear and the evidence reliable and sufficient and, in addition, it shall make a written recommendation for prosecution, which shall be transferred, together with the case file and evidence, to the People s Procuratorate at the same level for examination and decision.
  Article 130 If it is discovered during investigation that a criminal suspect s criminal responsibility should not have been investigated, the case shall be dismissed; if the criminal suspect is under arrest, he shall be released immediately and issued a release certificate, and the People s Procuratorate which originally approved the arrest shall be notified.
  SECTION 10 INVESTIGATION OF CASES DIRECTLY ACCEPTED BY THE PEOPLE S
  Article 131 Investigation of cases directly accepted by the People s Procuratorates shall be governed by the provisions of this Chapter.
  Article 132 If a case directly accepted by a People s Procuratorate conforms with the conditions provided in Article 60 and in sub-paragraph (4) or sub-paragraph (5) of Article 61 of this Law, thus arrest or detention of the criminal suspect is necessitated, the decision thereon shall be made by the People s Procuratorate and executed by a public security organ.
  Article 133 A detainee in a case directly accepted by a People s Procuratorate shall be interrogated within 24 hours after the detention. If it is found that the person should not have been detained, he must be released immediately and issued a release certificate. If an arrest is necessitated but the evidence is insufficient, the detainee may be allowed to obtain a guarantor pending trial or be subjected to residential surveillance.
  Article 134 If a People s Procuratorate deems it necessary to arrest a detainee in a case directly accepted by it, it shall make a decision thereon within 10 days after the detention. Under special circumstances, the time limit for deciding on an arrest may be extended by one to four days. If arrest is unnecessary, the detainee shall be released immediately; if the case requires further investigation and the detainee meets the conditions for obtaining a guarantor pending trial or for residential surveillance, he shall be allowed to obtain a guarantor pending trial or be subjected to residential surveillance according to law.
  Article 135 After a People s Procuratorate has concluded its investigation of a case, it shall make a decision to initiate public prosecution, not to initiate a prosecution or to dismiss the case.
  CHAPTER III INITIATION OF PUBLIC PROSECUTION
  Article 136 All cases requiring initiation of a public prosecution shall be examined for decision by the People s Procuratorates.
  Article 137 In examining a case, a People s Procuratorate shall ascertain:
  (1) whether the facts and circumstances of the crime are clear, whether the evidence is reliable and sufficient and whether the charge and the nature of the crime has been correctly determined;
  (2) whether there are any crimes that have been omitted or other persons whose criminal responsibility should be investigated;
  (3) whether it is a case in which criminal responsibility should not be investigated;
  (4) whether the case has an incidental civil action; and
  (5) whether the investigation of the case is being lawfully conducted.


相关法规:

最高人民法院关于执行《中华人民共和国刑事诉讼法》若干问题的解释[废止]

中华人民共和国刑事诉讼法(英文版)(下) 

 
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