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中华人民共 和国刑事诉讼法(2012年修订)(英文版)

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Criminal Procedure Law of the People's Republic of China (Revised in 2012)

 

Promulgation date

03-14-2012 

Effective region

NATIONAL  

Promulgator

National People's Congress 

Document no

Order of the President of the People's Republic of China No. 55 

Effectiveness

Effective 

Effective date

2013-01-01 

Category

Criminal Procedure Law ( Criminal Law & Criminal Action->Criminal Procedure Law )

 



Criminal Procedure Law of the People's Republic of China (Revised in 2012)

Order of the President of the People's Republic of China No. 55

March 14, 2012

(Adopted at the 2nd Session of the 5th National People's Congress on July 1, 1979, first revision made at the 4th session of the 8th National People's Congress according to the Decision on the Revision of the Criminal Procedure Law of the People's Republic of China on March 17, 1996, second revision made at the 5th session of the 11th National People's Congress according to the Decision on the Revision of the Criminal Procedure Law of the People's Republic of China on March 14, 2012)

Contents
Division One General Provisions
Chapter I Objectives and Basic Principles
Chapter II Jurisdiction
Chapter III Withdrawal
Chapter IV Defense and Representation
Chapter V Evidence
Chapter VI Mandatory Measures
Chapter VII Incidental Civil Actions
Chapter VIII Time Periods and Service
Chapter IX Other Provisions
Division Two Filing a Case, Investigation, and Initiation of Indictment
Chapter I Filing a Case
Chapter II Investigation
Section 1 General Provisions
Section 2 Interrogation of Criminal Suspects
Section 3 Questioning of Witnesses
Section 4 Inquest and Examination
Section 5 Search
Section 6 Sealing up, Seizure of Exhibits and Documentary Evidence
Section 7 Appraisal
Section 8 Technical Investigation Measures
Section 9 Wanted Orders
Section 10 Conclusion of Investigation
Section 11 Investigation of Cases Directly Accepted by People's Procuratorates
Chapter III Indictment
Division Three Trial
Chapter I Trial Organizations
Chapter II Procedure of First Instance
Section 1 Cases of Public Prosecution
Section 2 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
Division Four Execution
Division Five Special Procedures
Chapter I Litigation Procedures for Criminal Cases Involving Minors
Chapter II The Litigation Procedure of Public Prosecution in Which Parties Reach a Settlement
Chapter III The Confiscation Procedure for Illegal Proceeds in a Case in Which the Criminal Suspect or Defendant Goes Into Hiding or Dies
Chapter IV Compulsory Medical Treatment Procedure for a Mental Patient Bearing No Criminal Responsibility in Accordance with Law
Supplementary Provisions

Division One General Provisions

Chapter I Objectives and Basic Principles

Article 1 This Law is formulated in accordance with the Constitution Law to ensure the proper implementation of the criminal law, penalize crimes, protect citizens, safeguard national security and social and public security as well as uphold socialism and public order. Article 2 The objectives of the Criminal Law of the People's Republic of China are to ensure the accurate and timely investigation of the corpus delicti of crimes, proper application of law, penalize criminals, protect the innocent against criminal liability, educate citizens to consciously abide by the law, actively combat offences, uphold the socialist legal system, respect and protect human rights, protect the individual rights, property rights, democratic rights and other rights of citizens as well as safeguard the smooth development of the socialist business. Article 3 The investigation, detention, arrest and preliminary hearing of criminal cases shall be undertaken by the public security authority. The prosecution, approval for arrest, investigation and indictment of cases directly accepted by the prosecution authority shall be undertaken by people's procuratorates. The trial of cases shall be undertaken by people's courts. No other authorities, organizations and individuals shall have no right to exercise such powers unless specifically otherwise provided by law.
Where people's courts, people's procuratorates and public security authorities bring criminal actions, they shall stringently comply with this Law and the relevant provisions of other laws.
Article 4 The national security authority shall handle criminal cases that endanger national security and exercise the same authority as that of the public security authority in accordance with the law. Article 5 People's courts shall independently exercise the right to trial in accordance with legal provisions, people's procuratorates shall independently exercise the right to prosecution in accordance with legal provisions without the interference of administrative authorities, social institutions and individuals. Article 6 Where people's courts, people's procuratorates and public security authorities bring criminal actions, they must rely on the masses, be based on facts and laws as criteria. All citizens shall be treated equally in terms of applicable laws and no one shall have privileges before the law. Article 7 Where people's courts, people's procuratorates and public security authorities bring criminal actions, they shall divide their responsibility, coordinate with each other and maintain checks and balances to ensure the accurate and effective enforcement of law. Article 8 People's procuratorates shall exercise legal supervision on criminal actions in accordance with the law. Article 9 Citizens of all ethnic groups shall have the right to bring actions in the languages of their ethnic groups. People's courts, people's procuratorates and public security authorities shall provide translation to the parties to the action if they do not understand the common languages of the locality.
In areas where ethnic minorities co-habit or multiple ethnic groups live, trials shall be conducted in the common languages of the locality and judgments, announcements and other documents shall be issued in the common languages of the locality.
Article 10 The trial of cases by people's courts shall be conducted in the two-tier trial system. Article 11 The trial of cases by people's courts shall be conducted openly except otherwise provided by this Law. The defendants have the right to defense, and people's courts shall have the obligation to ensure that the defendants are defended. Article 12 No one shall be guilty of an offence without the judgments made by people's courts in accordance with the law. Article 13 The trial of cases by people's courts shall be conducted under the people's jury trial system in accordance with this Law. Article 14 People's courts, people's procuratorates and public security authorities shall protect right to defense and other rights of legal actions of the criminal suspects, defendants and other parties to the action.
The parties to the action shall have the right to initiate proceedings against trial personnel, procuratorate personnel and investigation personnel for infringement of the right to action of citizens and personal insults.
Article 15 Under any of the following circumstances, no criminal liability shall be pursued. Where criminal liability has been pursued, the case shall be dismissed, not to be prosecuted, cease the trial or declared not guilty:
1. The circumstances are apparently minor without serious harm, which is not deemed as crimes;
2. The time limit for brining actions against the offence has lapsed;
3. The punishment is rescinded on an order of pardon;
4. Where the crime shall be handled upon a charge in accordance with the Criminal Law, but there is not a charge or the charge has been withdrawn;
5. Where the criminal suspects or the defendants died; or
6. Criminal liability may be avoided in accordance with other legal provisions.
Article 16 Where foreign nationals commit an offence and criminal liability shall be pursued, the provisions hereof shall apply.
Where criminal liability shall be pursued against foreign nationals that enjoy foreign diplomatic privileges and diplomatic immunities, the case shall be resolved by diplomatic means. Article 17 Where the People's Republic of China has entered into or acceded to an international treaty, or under the principle of reciprocity, the judicial authority of China and foreign judicial authority may request for judicial assistance on criminal matters. Chapter II Jurisdiction

Article 18 The investigation of criminal cases shall be pursued by public security authorities unless otherwise stated by law.
Where a crime is constituted due to corruption or bribery, dereliction of duty by state working personnel, illegal detention, extortion of confession by torture, revenge and frame-ups or illegal search to infringe on the personal rights of citizens and democratic rights of citizens, people's procuratorates shall open a case for investigation. Where the working personnel of state organs exercise their authority to commit other significant offences and direct acceptance by people's procuratorates is required, people's procuratorates may open a case for investigation on the decision of people's procuratorates at the provincial level or above.
Private prosecution cases are directly accepted by people's courts (Related article: 1 commentary).
Article 19 The basic level people's courts shall have jurisdiction over first instance ordinary criminal cases, unless otherwise stated hereof where people's courts at a higher level shall have the jurisdiction. Article 20 Intermediate people's courts shall have jurisdiction over the first instance criminal cases as follows:
1. Cases that endanger national security and terrorism cases;
2. Cases that may be subject to life sentence or death penalty.
Article 21 Higher people's courts shall have jurisdiction over the first instance criminal cases that are significant criminal cases of the province (autonomous region, municipality directly under the central government). Article 22 The Supreme People's Court shall have jurisdiction over the first instance criminal cases that are significant criminal cases of the whole nation. Article 23 People's courts at a higher level may, where necessary, hear the first instance criminal cases under the jurisdiction of people's courts at a lower level. Where people's courts at a lower level deem that the circumstances of a first instance criminal case are serious and complicated which require hearing by people's courts at a higher level, request may be made for transferal to people's courts at a higher level for hearing. Article 24 Criminal cases are under the jurisdiction of the people's court at the place of offence. Where it is more appropriate to hear the case by the people's court of the place of residence of the defendant, the case may be under the jurisdiction of the people's court of the place of residence of the defendant.
Article 25 Where several people's courts at the same level shall have jurisdiction over the same case, the case shall be heard by the people's court that first accepted the case. Where necessary, the case may be transferred to the people's court at the primary place of offence for hearing. Article 26 People's courts at a higher level may designate people's courts at a lower level to hear cases without specific jurisdiction, or designate people's courts at a lower level to transfer the case to another people's court for hearing.
Article 27 The jurisdiction of special people's court cases shall be provided otherwise. Chapter III Withdrawal

Article 28 Where the trial personnel, procuratorate personnel or investigation personnel are under any of the following circumstances, they shall withdraw on their own initiative, the parties concerned and their legal representatives shall have the right to request for their withdrawal:
1. the parties to the case or the close relatives of the parties;
2. the party or his close relatives are interested in the case;
3. having been a witness, expert witness, advocate, or agent ad litem of the case;
4. having other relationships with the parties to the case that may affect the fair treatment of the case.
Article 29 The trial personnel, procuratorate personnel or investigation personnel shall not accept the entertainment and gifts from the parties and their clients, or meet the parties and their clients in violation of provisions.
Where the trial personnel, procuratorate personnel or investigation personnel violate the provisions of the preceding paragraph, legal liability shall be pursued in accordance with the law. The parties and their legal representatives shall have the right to request for their withdrawal.
Article 30 The withdrawal of the trial personnel, procuratorate personnel and investigation personnel shall be decided by the President, the Procuratorate-General and the person-in-charge of the public security authority respectively. The withdrawal of the President shall be decided by the Trial Commission of the Supreme People's Court. The withdrawal of the Procuratorate-General and the person-in-charge of the public security authority shall be decided by the Procuratorate Commission of a people's court at the same level.
Before a decision is made on the withdrawal of investigation personnel, investigation personnel shall not cease the investigation of cases.
In relation to the decision on the dismissal of application for withdrawal, the parties and their legal representative may apply for review once. Article 31 The provisions on withdrawal of this Part shall apply to the court clerk, interpreters and expert witnesses.
Advocates and legal representatives may request for withdrawal or apply for review in accordance with the provisions of this Part.
Chapter IV Defense and Representation

Article 32 Criminal suspects and defendants may exercise their rights to self-defense and also appoint one to two advocates. The following parties may be appointed as advocates:
1. lawyers;
2. private organizations or parties recommended by the criminal suspect or the defendant;
3. the guardian or relative of the criminal suspect or the defendant.
Where a party is subject to punishment or whose personal freedom is deprived of or restricted, he cannot be an advocate.
Article 33 From the date of first enquiry by the investigation authority or adoption of mandatory measures, the criminal suspect shall have the right to appoint an advocate. During the investigation period, he may only appoint a lawyer as advocate. The defendant shall have the right to appoint an advocate any time.
The investigation authority shall, upon the first enquiry of the criminal suspect or adoption of mandatory measures against the criminal suspect, inform the criminal suspect of his right to appoint an advocate. The people's procuratorate shall, within three days of the transfer of examination and prosecution materials, inform the criminal suspect of his right to appoint an advocate. The people's court shall, within three days of the acceptance of case, inform the defendant of high right to appoint an advocate. Where the criminal suspect or the defendant requests for the appointment of advocate during the custody period, the people's court, people's procuratorate and public security authority shall timely forward his request.
Where the criminal suspect or the defendant is in custody, the guardian or close relative thereof may appoint an advocate on their behalf.
Where the advocate accepts the appointment of the criminal suspect or the defendant, he shall timely inform the case handling authority. Article 34 Where the criminal suspect or the defendant does not appoint an advocate due to financial difficulty or other reasons, he and his relative may make an application to legal aid institution. Where the conditions for legal aid are met, the legal aid institution shall designate a lawyer to provide defense.
Where the criminal suspect or the defendant is blind, deaf or mute, or is a mentally ill patient that has not yet been incapacitated from identifying or controlling his behavior and does not appoint an advocate, the people's court, people's procuratorate and public security authority shall inform the legal aid institution to provide defense.
Where the criminal suspect or the defendant may be subject to life imprisonment or death penalty and does not appoint an advocate, the people's court, people's procuratorate and public security authority shall inform the legal aid department to designate a lawyer to provide defense.
Article 35 The responsibilities of an advocate are to give materials and opinions on whether the criminal suspect or the defendant is not guilty, the offence is minor or whose criminal liability may be diminished or avoided on the basis of facts and law in order to protect the right to trial and other lawful rights of the criminal suspect or the defendant. Article 36 The defense lawyer may provide legal assistance to the criminal suspect during the investigation period, file petitions or charges for the criminal suspect or apply for modifying the mandatory measures, and know the charges and relevant circumstances of the case from the investigation authority and provide advice.
Article 37 The defense lawyer may meet and communicate with the criminal suspect or the defendant in custody. Other advocates may also meet and communicate with the criminal suspect or the defendant with the permission of the people's court or people's procuratorate.
Where the defense lawyer requests to meet the criminal suspect or the defendant on the strength of the lawyer's practicing certificate, proof and proxy of the law firm or legal aid letter, the detention center shall timely arrange for the meeting not exceeding 48 hours at the latest.
For crimes endangering national security, cases of terrorist activities and particularly serious bribery cases, where the defense lawyer meets the criminal suspect in custody during the investigation period, he shall obtain the permission of the investigation authority. For the aforementioned cases, the investigation authority shall notify the detention center in advance.
Where the defense lawyer meets the criminal suspect or the defendant in custody, he may understand the relevant circumstances of the case and provide legal advice. From the date of case transfer for examination and prosecution, he may verify the relevant evidence with the criminal suspect or the defendant. The defense lawyer shall not be monitored at the time of meeting the criminal suspect or the defendant.
Where the defense lawyer meets or communicates with the criminal suspect or the defendant under residential surveillance, the provisions of paragraphs 1, 3 and 4 shall apply.
Article 38 The defense lawyer may, from the date of examination and prosecution by the people's procuratorate, access, extract or reproduce the materials of the case. With the permission of the people's court or people's procuratorate, other advocates may also access, extract or reproduce the materials of the case. Article 39 Where the advocate considers that the evidencing materials to prove that the criminal suspect or the defendant is not guilty or the offence is minor collected by the public security authority or the people's procuratorate during the examination and investigation period have not been submitted, he shall have the right to apply to the people's procuratorate or the people's court for transfer and access.
Article 40 Where the advocate collects evidence in support of an alibi, evidence of not reaching the age of criminal liability or evidence of no criminal liability for mentally ill patients according to law, he shall timely inform the public security authority or the people's procuratorate. Article 41 The defense lawyer may, with the consent of the witness or other relevant entities and individuals, collect materials relevant to the case from them, and may apply for collect or transfer and access the evidence with the people's procuratorate or the people's court or apply to the people's court to notify the witness to attend as a witness.
With the permission of the people's procuratorate or the people's court, and the consent of the victim or the close relative thereof or the witness of the victim, the defense lawyer may collect materials relevant to this case.
Article 42 The advocate or any other person shall not assist the criminal suspect or the defendant to conceal, destroy or forge evidence or engage in collusion, nor threaten or induce witness to give false evidence and engage in acts that interfere with the judicial authority for litigation activities.
Where the preceding paragraph is violated, criminal liability shall be pursued according to law. Where the advocate is suspected to commit an offence, the case shall be handled by another investigation authority other than the investigation authority that handles the case. Where the advocate is a lawyer, notification shall be made timely to his law firm or lawyer association.
Article 43 In the trial process, the defendant may refuse the advocate to make defense and may appoint another advocate to make defense. Article 44 The victim and his legal representative or close relative of an indictment case or the party with incidental civil actions and his legal representative shall, from the date of case transfer for examination and prosecution, have the right to appoint an agent ad litem. The private prosecutor of the private prosecution case and his legal representative, or the party with incidental civil actions and his legal representative shall have the right to appoint an agent ad litem.
The people's procuratorate shall, within three days of receipt of the examination and prosecution case materials that were transferred, inform the victim and his legal representative or close relative, the party with incidental civil actions and his legal representative of their rights to appoint an agent ad litem. The people's court shall, within three days of acceptance of the private prosecution case, inform the private prosecutor and his legal representative, the party with incidental civil actions and his legal representative of their rights to appoint an agent ad litem.
Article 45 The appointment of agent ad litem shall refer to the provisions of Article 32 hereof. Article 46 The defense lawyer shall have the right to maintain confidentiality of the relevant circumstances and information of the client that have come to his knowledge during his practice. However, where it comes to the knowledge of the defense lawyer that the client or other parties are prepared to or in the process of committing offences that endanger national security, public security and seriously endanger the personal security of other parties, he shall timely inform the judicial authority. Article 47 Where the advocate or agent ad litem considers that the public security authority, people's procuratorate, people's court and their working personnel hinder the exercising of their litigation right according to law, he shall have the right to petition or charge to the people's procuratorate at the same level or one level upwards. The people's court shall make a timely examination of the petition or charge, where the case is substantiated, it shall inform the relevant authority for rectification.
Chapter V Evidence

Article 48 Materials that can be used for proving the facts of the case are evidence.
Evidence includes:
1. exhibits;
2. documentary evidence;
3. testimony of witness;
4. statement of the victim;
5. statement and defense of the criminal suspect or the defendant;
6. opinions of the expert witness;
7. written records of examination, inspection, identification and investigation and experiment;
8. audio materials and electronic data.
Evidence must be substantiated after verification to be treated as the basis of the case.
Article 49 The onus of proof of the guilt of the defendant in an indictment case shall be undertaken by the people's procuratorate, and the onus of proof of the guilt of the defendant in a private prosecution case shall be undertaken by the private prosecutor. Article 50 The trial personnel, procuratorate personnel or investigation personnel must follow statutory procedures to collect evidence that can prove the guilt or otherwise of the criminal suspect or the defendant or the seriousness of the offence. Extortion of confession by torture and collection of evidence with threat, incitement or deception and other illegal means are strictly prohibited. No one shall be forced to prove his guilt. It must be guaranteed that all citizens relevant to the case or know the case are under the conditions of objectively and fully provide evidence and they may be called to assist in investigation unless under special circumstances. Article 51 Where the public security authority submits the notice on approval for arrest, bill of indictment of the people's procuratorate or judgment of the people's court, it shall be faithful to the real facts. Where there is intentional concealment of the real facts, liability shall be pursued. Article 52 The people's court, people's procuratorate and public security authority shall have the right to collect and transfer evidence from the relevant units and individuals. The relevant units and individuals shall truthfully provide evidence.
The exhibits, documentary evidence, audio and visual materials, electronic data and other evidencing materials collected by administrative authority during administrative enforcement and investigation of cases may be used as evidence in criminal proceedings.
Where evidence involves state secrets, commercial secrets and personal privacy, such evidence shall be kept confidential.
Where there is forgery, concealment or destroy of evidence, regardless of the party that commits such act, legal liability shall be pursued.
Article 53 The ruling of all cases shall be focused on evidence, investigation and study, and shall not trust depositions without serious consideration. Where there is only representation from the defendant without other evidence, it shall not be held that the defendant is guilty and subject to punishment. Where there is no representation from the defendant, but there is accurate and sufficient evidence, it may be held that the defendant is guilty and subject to punishment.
For evidence to be accurate and sufficient, the following conditions shall be met:
1. the facts of conviction and sentence are supported by evidence;
2. evidence on which the conviction is based is verified to be substantiated in accordance with statutory procedure; and
3. the evidence of the case as a whole has eliminated reasonable suspicion of the facts determined.
Article 54 The representations from the criminal suspect and the defendant obtained by illegal means such as extortion of confession by torture, and witness statement and the representations of the victim obtained by illegal means such as force and coercion shall be excluded. Where the collection of exhibits and documentary evidence do not comply with the statutory procedure that may seriously affect judicial impartiality, there shall be rectification or reasonable explanation, where it is not possible for rectification or no reasonable explanation can be given, such evidence shall be precluded.
Where evidence that shall be precluded is found during investigation, examination and prosecution or trial, it shall be precluded according to law, and shall not be used as a basis for the opinions on prosecution, decision on prosecution and judgment.
Article 55 Where the people's procuratorate receives case reports, charges or reports, or discovers that investigation personnel collect evidence by illegal means, it shall conduct investigation and make verification. Where evidence is actually collected by illegal means, it shall make opinions on rectification, where a crime is constituted, criminal liability shall be pursued according to law. Article 56 Where, in the process of court hearing, trial personnel consider that there may be circumstances prescribed by Article 54 hereof regarding the collection of evidence by illegal means, he shall conduct court investigation of the legality of the evidence collected.
The parties and their advocate or agent ad litem shall have the right to apply to the people's court in accordance with the law for preclusion of evidence collected by illegal means. Where an application is made for preclusion of evidence collected by illegal means, the relevant clues or materials shall be provided.
Article 57 In the process of conducting court investigation of the legality of the evidence collected, the people's procuratorate shall prove the legality of the evidence collected.
Where the existing evidencing materials cannot prove the legality of the evidence collected, the people's procuratorate may refer to the people's court to inform the investigation personnel or other personnel of the appearance in court, the people's court may inform the investigation personnel or other personnel of the appearance in court. Other investigation personnel or other personnel may request for appearance in court. With the notification of the people's court, the relevant personnel shall appear in court. Article 58 Where, after court hearing, the circumstances of evidence collection by illegal means prescribed in Article 54 hereof is confirmed or cannot be eliminated, such evidence shall be precluded. Article 59 The witness statement shall be used as the basis for case ruling after the interrogation and examination of the prosecutor, victim and defendant, and both advocates. Where the court confirms that the witness willfully gives false evidence or conceals the crime materials, it shall be dealt with according to law. Article 60 Anyone that has knowledge of the case shall have the obligation to give evidence.
Persons that are physically or mentally handicapped or junior, or persons that cannot distinguish between right and wrong or correctly express themselves shall not be witness.
Article 61 The people's court, people's procuratorate and public security authority shall protect the safety of the witness and the close relatives thereof.
Where threat, insult, assault or revenge is inflicted on the witness and the close relatives thereof and a crime is constituted, criminal liability shall be pursued according to law. Where it is not sufficient for criminal punishment, it shall be imposed security administration punishment according to law.
Article 62 In relation to crimes endangering of national security, crimes of terrorist activities, organized crimes of triad society or drug crimes, where the witness, expert witness, or the victim gives evidence in proceedings, and the personal safety of the witness or the close relatives thereof is subject to threat, the people's court, people's procuratorate and public security authority shall adopt one or more protective measures as follows:
1. no public disclosure of personal information such as true name, domicile and working entity;
2. measures for appearance in court without exposing physical appearance and true voice;
3. prohibit specific personnel to contact the witness, expert witness, victim and the close relatives thereof;
4. special protective measures of individuals and domiciles;
5. other necessary protective measures.
Where the witness, expert witness or victim considers that the personal safety of himself or the close relatives thereof is subject to threat, he may apply to the people's court, people's procuratorate or public security authority for protection.
Where the people's court, people's procuratorate and public security authority adopt protective measures according to law, the relevant units and individuals shall provide coordination.
Article 63 Where traveling, accommodation or meal expenses are incurred due to the performance of obligation to give evidence, allowance shall be given. The allowance for the witness to give evidence shall be listed under the business expenses of the judicial authority and protected by the provincial government of the same level.
Where the witness serving in a working unit gives evidence, the working unit to which the witness is attached shall not deduct or deduct in disguise his wages, bonus and other staff welfare. Chapter VI Mandatory Measures

Article 64 People's courts, people's procuratorates and public security authorities may, on the basis of the circumstances of a case, issue a subpoena to summon the criminal suspect or defendant to appear, order him to be released on bail pending trial or subject him to residential surveillance. Article 65 The people's court, people's procuratorate and public security authority may allow a criminal suspect or defendant to be released on bail pending trial under any of the following circumstances:
1. The criminal suspect or the defendant may be subject to public surveillance, criminal detention or additional sentence separately meted out;
2. The criminal suspect or the defendant may be subject to fixed-term imprisonment or severer punishments, but no threat would be posed to the society if he is released on bail pending trial;
3. Where the criminal suspect or the defendant is suffering from a serious illness, cannot take care of himself, or is during pregnancy and breastfeeding period, no threat would be posed to the society if he/ is released on bail pending trial; or
4. His case has not been concluded upon expiry of the detention period, and he needs to be released on bail pending trial.
Release on bail pending trial shall be executed by public security authorities.
Article 66 If people's courts, people's procuratorates or public security authorities decide to allow a criminal suspect or defendant to be released on bail pending trial, they shall order the criminal suspect or the defendant to provide a guarantor or pay bail bond. Article 67 A guarantor shall meet the following conditions:
1. not involved in the current case;
2. able to perform a guarantor's obligations;
3. entitled to political rights and not subject to restriction of personal freedom; and
4. have a fixed domicile and steady income.
Article 68 A guarantor shall perform the following obligations:
1. ensure that the party under guarantee complies with the provisions of Article 69 hereof; and
2. promptly report to the executing authority if it is discovered that the person under guarantee may have committed or has already committed acts in violation of Article 69 hereof.
Where the guarantor fails to perform the aforesaid obligations when the party under guarantee has committed an act in violation of Article 69 hereof, a fine shall be imposed on the guarantor, if a crime is constituted, criminal liability shall be pursued according to law.
Article 69 A criminal suspect or defendant that is released on bail pending trial shall comply with the following provisions:
1. No departure from the city or county where he resides without the permission of the executing authority;
2. report of any change of address, employer and contact information to the executing authority within 24 hours of the change;
3. appearance before a court on time when summoned;
4. No interference with the witnesses that give testimony in any form; and
5. No destruction or falsification of evidence or collusion with others to make confessions.
The people's court, people's procuratorate and public security authority may, depending on the circumstances of a case, order the criminal suspect or the defendant that has been released on bail pending trial to comply with one or more of the following provisions:
1. No entry into certain places;
2. No meeting or correspondence with certain personnel;
3. No engagement in certain activities; and/or
4. Surrendering his passport and other travel documents, and driver's license to the executing authority.
Where the criminal suspect or defendant that has been released on bail pending trial with payment of the bail bond violates the provisions of the preceding two paragraphs, part or all of the bail bond paid shall be forfeited, and depending on the specific circumstances, the criminal suspect or the defendant shall be ordered to write a recognizance of repentance, pay bail bond again or provide a guarantor, or subject to residential surveillance and arrest.
Where the criminal suspect or the defendant violates the provisions in respect of release on bail pending trial, he may be held in custody before being arrested.
Article 70 When the authority granting the release on bail pending trial determines the amount of the bail bond, consideration shall be given to the need for the normal proceedings of litigation activities, whether the party released on bail is a danger to the society, the circumstances and nature of the case, the severity of the possible punishments and the economic conditions of the person on bail.
The party that provides the bail bond shall pay the bail bond to a special account in a bank designated by the execution authority.
Article 71 Where the criminal suspect or the defendant does not violate the provisions of Article 69 hereof during the period in which he is released on bail, he shall obtain the refunded bond from the relevant bank upon expiry of the bail period on the strength of the notice on the termination of release on bail pending trial or other relevant legal instruments. Article 72 The people's court, people's procuratorate and public security authority may place under residential surveillance a criminal suspect or defendant that satisfies the conditions for arrest under any of the following circumstances:
1. He is seriously ill and cannot take care of himself;
2. She is in pregnancy or breastfeeding period;
3. He is the only person to support a dependent that cannot take care of himself;
4. Residential surveillance is considered more appropriate due to the special circumstances of the case or the need for case handling; or
5. His case has not been concluded upon expiry of the detention period, and residential surveillance is necessary.
Where the criminal suspect or defendant satisfies the conditions for release on bail pending trial, but is unable to provide a guarantor or pay the bail bond, he may be subject to residential surveillance.
Residential surveillance shall be executed by public security authorities.
Article 73 Residential surveillance shall be enforced at the domicile of the criminal suspect or the defendant or at a designated place of residence if he has no fixed domicile. For crimes suspected of endangering national security, cases of terrorist activities and particularly serious bribery cases, residential surveillance at the domicile of the criminal suspect or defendant may impede the investigation, it may, upon approval by the people's procuratorate or the public security authority at a higher level, be enforced at a designated place of residence, on the condition that residential surveillance is not enforced in a detention center or a special venue for case investigation.
Where the criminal suspect or the defendant is placed under residential surveillance at a designated place of residence, his family shall be informed of the residential surveillance within 24 hours upon enforcement of residential surveillance, unless notification cannot be made.
Where criminal suspects and defendants subject to residential surveillance appoint advocates, Article 33 hereof shall apply.
People's procuratorates shall exercise supervision over the legality of the decision and enforcement of residential surveillance at designated places of residence. Article 74 The period of residential surveillance at designated places of residence shall be deducted from the term of sentence. For criminals sentenced to public surveillance, each day of residential surveillance shall be counted as one day of the term of sentence; for criminals sentenced to criminal detention or fixed-term imprisonment, two days of residential surveillance shall be counted as one day of the term of sentence. Article 75 The criminal suspect or defendant under residential surveillance shall comply with the following provisions:
1. No exit from the domicile or place of residence subject to residential surveillance without the permission of the executing authority;
2. No meeting or correspondence with any party without the permission of the executing authority;
3. Appearance before a court in time when summoned;
4. No interference with the witnesses that give testimony in any form;
5. No destruction or falsification of evidence or collusion with other parties to make confessions; and
6. Surrendering his passport and other travel documents, identity certificate and driver's license to the executing authority for safekeeping.
The criminal suspect or defendant subject to residential surveillance may be arrested if he seriously violates the preceding paragraph, and may be held in custody prior to arrest if an arrest is necessary.
Article 76 The executing authority may monitor a criminal suspect or defendant placed under surveillance in compliance with residential surveillance provisions by means of electronic monitoring, ad hoc inspection, etc. During the investigation period, the correspondence of the criminal suspect under residential surveillance may be monitored. Article 77 The period imposed by the people's Court, people's procuratorate or public security authority on the criminal suspect or defendant in respect of release on bail pending trial shall not exceed twelve months; the period for residential surveillance shall not exceed six months.
During the period when the criminal suspect or defendant that is released on bail pending trial or subject to 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 liability or when the period for releasing on bail pending trial or the period of residential surveillance has expired, such period shall be terminated without delay. The person that is released on bail pending trial or subject to residential surveillance and the units concerned shall be notified of the termination immediately.
Article 78 Arrests of criminal suspects or defendants shall be subject to approval by the people's procuratorate or decision by the people's court and shall be executed by a public security organ. Article 79 Where there is evidence to support the corpus delicti of a crime and the criminal suspect or defendant may be subject to fixed-term imprisonment or severer punishments, and where release on bail pending trial cannot effectively prevent the following dangers to the society, the criminal suspect or defendant shall be arrested:
1. The criminal suspect or defendant may commit a new crime;
2. There is a real risk that the criminal suspect or defendant may endanger national security, public security or public order;
3. The criminal suspect or defendant may destroy or falsify evidence, interfere with the witnesses that give testimony or collude with other parties to make confessions;
4. The criminal suspect or defendant may retaliate against the victims, informants or accusers; or
5. The criminal suspect or defendant attempts to commit suicide or escape.
Where there is evidence to support the corpus delicti of a crime and the criminal suspect or defendant may be subject to a fixed-term imprisonment of ten years or severer punishments, or where there is evidence to support the corpus delicti of a crime, and the criminal suspect or defendant may be subject to fixed-term imprisonment or severer punishments, but has willfully committed a crime or whose identity is unknown, the criminal suspect or defendant shall be arrested.
The criminal suspect or defendant that is released on bail pending trial or is placed under residential surveillance may be arrested if he seriously violates the provisions with respect to release on bail pending trial or residential surveillance.
Article 80 Public security authorities may initially detain an active criminal or a major suspect under any of the following circumstances:
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 destruction or falsification of evidence or confessions in collusion;
6. if he does not tell his real name and address and his identity is unknown; and
7. if he is strongly suspected of committing crimes from one place to another, on many occasions, or in a gang. Article 81 When a public security authority detains or arrests a person in another place, it shall inform the public security authority in the place where the person to be detained or arrested stays, and the public security authority in such place shall give cooperation. Article 82 If a person is under any of the following circumstances, any citizen may seize him for handling by the public security authority, people's procuratorate or people's court:
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 83 When detaining a person, a public security authority must produce a detention warrant.
After being taken into custody, the detainee shall immediately be transferred to a detention center for detention not in excess of 24 hours. The family of the detainee shall be notified of the detention within 24 hours after the detention, unless notification cannot be made or where the detainee is involved in crimes endangering national security or crimes of terrorist activities, and such notification may hinder the investigation. The family of the detainee shall be notified immediately after the circumstances impeding investigation has been eliminated.
Article 84 The public security authority shall interrogate a person held in custody within 24 hours after being taken into custody. Once it is discovered that custody shall not have been imposed, the public security authority shall immediately release the person, and issue a release certificate. Article 85 When the public security authority requests 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 assign procurators to participate in the discussion of major cases of the public security authority. Article 86 The people's procuratorate may interrogate a criminal suspect when examining and approving the arrest thereof, and it shall interrogate the criminal suspect under any of the following circumstances:
1. Where there are doubts over whether the criminal suspect satisfies the conditions for arrest;
2. Where the criminal suspect requests to make a statement in front of procuratorate personnel; or
3. Where investigation activities might have involved major violations of laws.
The people's procuratorate may question witnesses and other parties to the litigation, and listen to opinions of defense lawyers during the course of examining and approving the arrest. It shall hear the opinions of the defense lawyers if they have so requested.
Article 87 The chief procurator shall make a decision on examination and approval of arrest of the criminal suspect by the people's procuratorate. Major cases shall be submitted to the procuratorial committee for discussion and decision. Article 88 After the people's procuratorate has examined a case with respect to which a public security authority has submitted a request for approval of arrest, it shall decide, according to the circumstances of the case, the approval or disapproval of arrest. If it decides to approve the arrest, the public security authority shall execute it immediately and inform the people's procuratorate of the decision without delay. If the people's procuratorate disapproves the arrest, it shall give its reasons therefor; and if it deems that a supplementary investigation is necessary, it shall notify the public security authority at the same time. Article 89 If the public security authority deems that it is 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.
In respect of the arrest of a major suspect involved in crimes committed from one place to another, on many occasions, 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 whether 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 authority.
If the people's procuratorate disapproves the arrest, the public security authority shall, upon receiving the 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 releasing on bail pending trial or for residential surveillance, he shall be allowed to be released on bail pending trial or subject to residential surveillance according to law.
Article 90 If the public security authority considers that the decision of the people's procuratorate's to disapprove an arrest to be wrong, it may request for a reconsideration but the detainee shall be released immediately. If the opinion is not accepted, it may request a review by the people's procuratorate at a higher level. The people's procuratorate at a higher level shall immediately review the matter, decide whether or not to make a change and notify the people's procuratorate at a lower level and the public security authority for implementation. Article 91 When making an arrest, the public security authority must produce an arrest warrant.
Upon arrest, an arrested person shall immediately be transferred to a detention center for custody. The family of the arrested person shall be notified within 24 hours after the arrest, unless notification cannot be made.
Article 92 Interrogation must be conducted within 24 hours after the arrest by the people's court or people's procuratorate with respect to a person it has decided to arrest, and by a public security authority with respect to a person it has arrested with the approval of the people's procuratorate. If it is discovered that the person should not have been arrested, such person must immediately be released and issued a release certificate. Article 93 After the criminal suspect or defendant is arrested, the relevant people's procuratorate shall also examine the necessity for detention. Where the criminal suspect or defendant no longer needs to be put under detention, the people's procuratorate shall suggest the release thereof or change of mandatory measures. The relevant authorities shall notify the people's procuratorate of the handling of the case within ten days. Article 94 If the people's court, people's procuratorate or public security authority finds that the mandatory measures adopted against a criminal suspect or defendant are inappropriate, such measures shall be revoked or modified without delay. If the public security authority releases a person arrested or changes the measure of arrest, it shall notify the people's procuratorate that approved the arrest. Article 95 The criminal suspect or defendant and the legal representative, close relatives or advocate thereof shall be entitled to apply for change of the mandatory measures. The people's court, people's procuratorate and public security authority shall make a decision within three days upon receipt of the application, and shall inform the applicant of the reasons for disapproval of such changes. Article 96 If a case involving a criminal suspect or defendant under detention cannot be closed within the time limits prescribed in this Law for the custody of the criminal suspect or defendant for investigation, conducting examination before prosecution, or the proceedings of first or second instance, the criminal suspect or defendant shall be released. Where further investigation, verification or trial is necessary, the criminal suspect or defendant may be subject to release on bail pending trial or residential surveillance. Article 97 The people's court, people's procuratorate, or public security authority shall, upon expiry of the statutory time period for mandatory measures imposed on a criminal suspect or defendant, release the criminal suspect or the defendant, release him from bail pending trial or residential surveillance, or change the mandatory measures in accordance with the law. The criminal suspect or defendant, and the legal representative, close relatives or advocates thereof shall be entitled to request the people's court, people's procuratorate or public security authority to terminate the mandatory measures upon expiry of the statutory time period thereof. Article 98 If in the process of examining and approving arrests, the people's procuratorate discovers any illegality in the investigation activities of the public security authority, it shall notify the public security authority of rectification, and the public security authority shall notify the people's procuratorate of rectification. Chapter VII Incidental Civil Actions

Article 99 A victim that suffers from losses in kind due to the criminal acts of the defendant shall be entitled to bring an incidental civil action during criminal proceedings. Where the victim has died or has been incapacitated, the legal representative or close relative thereof shall be entitled to bring an incidental civil action.
In the event of losses of state property or collectively-owned property, the people's procuratorate may bring an incidental civil action when initiating a public prosecution.
Article 100 Where necessary, the people's court may take preservative measures to seal up, seize or freeze a defendant's property. The plaintiff to an incidental civil action or the people's procuratorate may request the people's court to take preservative measures. The people's court shall comply with the Civil Procedure Law when taking preservative measures. Article 101 The people's court, in hearing an incidental civil case, may conduct mediation or make a ruling or judgment according to losses in kind. Article 102 An incidental civil action shall be heard together with the criminal case. Where it is only for the purpose of preventing excessive delay in the trial of the criminal case, the same judicial authority may, after completing the trial of the criminal case, continue to hear the incidental civil action. Chapter VIII Time Periods and Service

Article 103 Time periods shall be calculated by hour, day and month.
The hour and day from which a time period begins shall not be counted in the time period.
A legally prescribed time period shall not include the time en route. Appeals or other documents that have been mailed before the expiration of the time period shall not be regarded as overdue.
If the last day of a statutory time period falls on a public holiday, the day immediately following the public holiday shall be regarded as the expiry date of the time period. However, the time limit for holding a criminal suspect, defendant or criminal under custody shall expire on the last day of the time period, and shall not be extended due to public holiday.
Article 104 When a party cannot meet a deadline due to force majeure or other proper reasons, he may, within five days after the obstacle is cleared, apply to continue the proceedings that should have been completed before the expiration of the time period.
The people's court shall decide whether or not to approve the application prescribed in the preceding paragraph.
Article 105 Summons, notices and other court documents shall be served on the addressee on his own; if the addressee is not around, 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 the 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 neighbors 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 on it; the service shall be deemed to have been completed.
Chapter IX Other Provisions

Article 106 For the purpose of this Law, the definitions of the following terms are:
1. "Investigation" means the specialized investigation work and related mandatory measures carried out according to law by the public security authorities and people's procuratorates in the process of case handling.
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 authority or public organization with the obligation of protection;
4. "Participants in the proceedings" means the parties, legal representatives, agents ad litem, advocates, witnesses, expert witnesses and interpreters;
5. "agents ad litem" means persons appointed by victims in indictment cases and their legal representatives or close relatives and by private prosecutors in cases of private prosecution and their legal representatives to participate in legal proceedings on their behalf, and persons appointed by parties to incidental civil actions and their legal representatives to participate in legal proceedings on their behalf.
6. "Close relatives" means a person's husband or wife, father, mother, sons, daughters, and brothers and sisters born of the same parents.
Division Two Filing a Case, Investigation, and Initiation of Indictment

Chapter I Filing a Case

Article 107 The public security authorities or the people's procuratorates shall, upon discovering the corpus delicti of crimes or criminal suspects, file the cases for investigation within the scope of their jurisdiction. Article 108 Any unit or individual shall, upon discovering the facts of a crime or a criminal suspect, have the right and duty to report the case or provide information to the public security authority, people's procuratorate or people's court.
When his personal or property rights are infringed, the victim shall have the right to report to a public security authority, a people's procuratorate or a people's court about the facts of the crime or make a complaint against the criminal suspect.
The public security authority, 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 authority and notify the person that 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 authority.
Where an offender turns himself up to the public security authority, people's procuratorate or people's court, the provisions of the third paragraph shall apply.
Article 109 Reports, complaints and information may be filed in writing or orally. The working personnel receiving an oral report, complaint or information shall make a written record of it, and the report shall be read to the reporter, complainant or informant. Where he found that the report free from error, he shall sign or affix a seal.
The working personnel 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 there is no fabrication of facts or falsification of evidence.
The public security authorities, people's procuratorates and people's courts shall safeguard the security of reporters, complainants and informants the close relatives thereof. 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 110 The people's court, people's procuratorate or public security authority shall, within the scope of its jurisdiction, promptly examine the materials provided by the reporter, complainant or informant and the confession of an offender that turn himself up. If it believes that there is no corpus delicti of crimes and criminal liability should be pursued, it shall file a case. If it believes that there is no corpus delicti of crimes or that the corpus delicti is obviously incidental and no criminal liability shall be pursued, 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 apply for reconsideration. Article 111 Where a people's procuratorate considers that a case should be filed for investigation by the public security authority but the latter has not done so, or where a victim considers that a case should be filed for investigation by the public security authority 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 authority 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 authority are unsubstantiated, it shall notify the public security authority to file the case, and upon receiving the notification, the public security authority shall file the case.
Article 112 In relation to a private prosecution case, the victim shall have the right to bring an action to the people's court directly. If the victim has died or has been incapacitated, the legal representatives and close relatives thereof shall have the right to bring an action to the people's court. The people's court shall accept the case according to law. Chapter II Investigation

Section 1 General Provisions

Article 113 With respect to a criminal case which has been filed, the public security authority 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 that meet the conditions for arrest shall be arrested according to law. Article 114 After investigation, the public security authority shall conduct preliminary inquiry into a case for which there is evidence in support of the corpus delicti of the crime, in order to verify the evidence and materials that have been collected and obtained. Article 115 The party and the advocate thereof, the agent ad litem or an interested party shall be entitled to file a petition or complaint to a judicial authority if the judicial authority or its staff members commit any of the following acts:
1. fail to order release from, or termination of, or alteration to, a mandatory measure upon expiry of the statutory time period;
2. fail to return the bail bond for the release on bail pending trial that shall be returned;
3. seal up, seize or freeze property irrelevant to the case on hand;
4. fail to terminate the sealing, seizure and freeze of property as required; or
5. To embezzle, misappropriate, divide without authorization, replace, or use in violation of the relevant provisions the property that has been sealed up, seized or frozen.
The authority that has accepted the petition or complaint shall handle the petition or complaint in a timely manner. The party lodging the petition or compliant may appeal to the people's procuratorate at the same level if he has objections to the handling results. For a case accepted directly by the people's procuratorate, the party concerned may appeal to the people's procuratorate at a higher level. The people's procuratorate shall review the appeal in a timely manner and shall notify the relevant organ to make rectification if the circumstances can be substantiated.
Section 2 Interrogation of Criminal Suspects

Article 116 Interrogation of a criminal suspect must be conducted by the investigators of a people's procuratorate or public security authority. During an interrogation, there must be no fewer than two investigators.
Investigators shall interrogate a criminal suspect that has been transferred to a detention center for custody in the detention center.
Article 117 A criminal suspect that does not need to be arrested or held in custody may be summoned to a designated location of the city or county where he lives or to his domicile for interrogation, on the condition that the supporting documents issued by the relevant people's procuratorate or public security authority are furnished. A criminal suspect found at the scene may be orally summoned by a law enforcement officer by presenting his staff certificate, provided that the oral summon shall be stated in the written records of interrogation.
Summons or compelled appearance in court shall not last longer than 12 hours. For complicated cases of grave circumstances where detention or arrest is necessary, summons or compelled appearance in court shall not last longer than 24 hours.
A criminal suspect shall not be detained under the disguise of successive summons or compelled appearance. A criminal suspect shall be guaranteed with necessary food and rest when he is summonsed or compelled to appear before investigators.
Article 118 When interrogating a criminal suspect, the investigators shall first ask the criminal suspect whether or not he has committed any criminal act, and allow him to 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.
When interrogating criminal suspects, investigators shall inform the criminal suspect of the legal provisions allowing for leniency for those who truthfully confess their crimes.
Article 119 During the interrogation of a criminal suspect that is deaf or mute, an officer who has a good command of sign language shall participate, and such circumstances shall be stated in writing. Article 120 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 on 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. Where necessary, the investigators may also ask the criminal suspect to write a personal statement. Article 121 Investigators, when interrogating a criminal suspect, may record or videotape the interrogation process, and shall do so where the criminal suspect is involved in a crime subject to life imprisonment or capital punishment or in a major criminal case.
Recording or videotaping shall be conducted throughout the interrogation process for the purpose of completeness.
Section 3 Questioning of Witnesses

Article 122 Investigators may question a witness at the scene, his employer's premises, his domicile or a location designated by the witness. Where necessary, the witness may be notified to provide testimony at the people's procuratorate or the public security organ. Where the witness is questioned at the scene, the investigators shall present their staff certificates; and where the witness is questioned at his/her employer's premises, his domicile or a location designated by the witness, the investigators shall present the supporting documents issued by the people's procuratorate or the public security authority.
Witnesses shall be questioned individually.
Article 123 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. Article 124 The provisions of Article 120 hereof shall also apply to the questioning of witnesses. Article 125 The provisions of all articles in this Section shall apply to the questioning of victims. Section 4 Inquest and Examination

Article 126 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 127 Any units and individuals shall have the obligation to preserve the scene of a crime and immediately notify the public security authority to send officers to hold an inquest. Article 128 To conduct an inquest or examination, the investigators must have certificates issued by the people's procuratorate or the public security authority. Article 129 If the cause of death is unknown, the public security authority shall have the right to order an autopsy and shall notify the family members of the deceased to be present. Article 130 To ascertain certain features, conditions of injuries, or physical conditions of a victim or a criminal suspect, a physical examination may be conducted, and fingerprints, blood, urine and other biological samples may be collected.
If the criminal suspect refuses to be examined, the investigators, when they deem it necessary, may conduct a compulsory examination.
Examination of the body of women shall be conducted by female officers or doctors.
Article 131 A record shall be made on 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 132 If, in reviewing a case, the people's procuratorate deems it necessary to repeat an inquest or examination that has been done by the public security authority, it may request the latter to conduct another inquest or examination and may send procurators for participation. Article 133 To ascertain the circumstances of a case, where necessary, investigation experiments may be conducted with the approval of the person in charge of a public security authority.
Information on an investigation experiment shall be recorded in writing and be signed or sealed by the participants.
In conducting investigation experiments, any action which is hazardous, humiliating to anyone, or offensive to public morals shall be forbidden.
Section 5 Search

Article 134 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 the criminal or criminal evidence, as well as other relevant places. Article 135 Any units and individual shall have the obligation to submit the exhibits, documentary evidence, audio and visual materials and other evidence that may serve as the evidence to prove the guilt or innocence of a criminal suspect as required by the people's procuratorate or public security authority. Article 136 When a search is to be conducted, a search warrant must be presented 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 137 During a search, the person to be searched or his family members, neighbors or other eyewitnesses shall be present at the scene.
Searches of the persons of women shall be conducted by female officers.
Article 138 A record shall be made on the circumstances of a search, and it shall be signed or sealed by the investigators and the person searched or his family members, neighbors 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 stated in writing. Section 6 Sealing up, Seizure of Exhibits and Documentary Evidence

Article 139 All property and documents found during investigation that may prove a criminal suspect's guilt or innocence shall be sealed up or seized. Property and documents irrelevant to the case shall not be sealed up or seized.
The property and documents sealed up or seized shall be properly preserved or sealed for safekeeping, and may not be used, replaced or damaged.
Article 140 The property or documents sealed up or seized shall be clearly counted in the presence of the witness and the holder of such property and documents. A list shall be made in duplicate at the scene and be signed or sealed by the investigators, witness and the said holder, with one copy given to the holder and the other attached to the archives for inspection. Article 141 If the investigators deem that it is necessary to seize the mails or telegrams of a criminal suspect, they may, upon approval of the public security authority or people's procuratorate, notify the post and telecommunications offices to check and hand over the relevant mails and telegrams for seizure.
When it becomes unnecessary to continue a seizure, the post and telecommunications offices shall immediately be notified.
Article 142 Where required by investigation, the people's procuratorate or public security authority may access or freeze a criminal suspect's deposits, remittance, bonds, stocks, shares of funds or other property in accordance with applicable provisions, in which case the relevant units and individuals shall provide cooperation.
A criminal suspect's deposits, remittance, bonds, stocks, shares of funds or other property may not be repeatedly frozen.
Article 143 The property, documents, mails or telegraphs sealed up or seized or the deposits, remittance, bonds, stocks or shares of funds frozen shall be freed and returned within three days after they are found to be irrelevant to the case upon investigation. Section 7 Appraisal

Article 144 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 appointed to give their appraisal. Article 145 After appraisal, an expert witness shall give appraisal opinions in writing with signature.
The expert witness shall be subject to legal liability if he willfully gives false appraisal opinions.
Article 146 The investigation authority shall notify the criminal suspect and the victim of the opinions of the appraisal which will be used as evidence in his case. A supplementary appraisal or another appraisal may be conducted upon application submitted by the criminal suspect or the victim. Article 147 The period during which the mental illness of a criminal suspect is under assessment shall not be included in the period of time for handling the case.
Section 8 Technical Investigation Measures

Article 148 After putting a case on file, the public security authority may, based on the needs for criminal investigation, and after going through stringent approval procedures, employ technical investigation measures if the case involves crimes endangering national security, crimes of terrorist activities, organized crimes committed by groups in the nature of criminal syndicates, major drug-related crimes or other crimes seriously endangering the society.
With respect to a major corruption or bribery case, or a case involving a major crime of seriously infringing on the personal right of citizens by abuse of power, after placing the case on file, the people's procuratorate may, based on the needs for criminal investigation and after going through stringent approval procedures, employ technical investigation measures and task relevant bodies with the implementation of such measures pursuant to applicable provisions.
In pursuit of a fugitive criminal suspect or a fugitive defendant who is on the wanted list or whose arrest has been approved or decided, necessary technical investigation measures may be taken upon approval.
Article 149 A decision on approval of the types of technical investigation measures to be adopted and the parties to which such measures apply shall be made based on the needs for criminal investigation. The decision on approval shall be valid for three months from the date on which it is issued. The technical investigation measures shall be promptly terminated where they are no longer necessary. With respect to difficult and complex cases, if the technical investigation measures are still required upon expiry of the time limit, their term of validity may be extended upon approval, subject to a maximum of three months per extension.
Article 150 Technical investigation measures shall be carried out in strict accordance with the approved types, applicable parties and time limits.
Investigators shall keep confidential state secretes, trade secrets and personal privacy that come to their knowledge during investigation with technical investigation measures, and shall promptly destroy the information and materials that are obtained with technical investigation measures and are irrelevant to the cases.
Materials obtained by technical investigation measures shall only be used for the investigation, prosecution and trial of criminal cases, and shall not be used for any other purposes.
Relevant units and individuals shall cooperate with public security authorities in their adoption of technical investigation measures in accordance with the law, and shall keep confidential the relevant information. Article 151 To ascertain the circumstances of a case, where necessary and subject to the approval of the person in charge of a public security authority, the relevant personnel may be assigned to conduct an undercover investigation, provided that such investigation shall not induce others to commit crimes and shall not endanger public security or seriously threaten others' personal safety.
With respect to criminal activities involving the delivery of drugs, contraband goods or property, the public security authority may, as may be necessary for criminal investigation, implement controlled delivery in accordance with the relevant provisions.
Article 152 Materials collected by investigation means in accordance with the provisions of this section may be used as evidence in criminal proceedings. Where the use of such evidence may threaten the personal safety of the relevant personnel or result in other serious consequences, protection measures shall be adopted to avoid the exposure of the applied technical measures and the true identity of such personnel, and when necessary, judges may verify the evidence outside courtrooms. Section 9 Wanted Orders

Article 153 If a criminal suspect that 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 authorities at any level may directly issue wanted orders within the areas under their jurisdiction; they shall request a higher-level authority with the proper authority to issue such orders for areas beyond their jurisdiction.
Section 10 Conclusion of Investigation

Article 154 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 a higher level. Article 155 If due to special reasons, it is not appropriate to hand over a particularly serious 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 156 With respect to the following cases, if investigation cannot be concluded within the time limit specified in Article 154 hereof, 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. serious and complex cases in remote areas where traffic is not inconvenient;
2. serious cases that involve criminal gangs;
3. serious and complex cases that involve people who commit crimes from one place to another; and
4. serious and complex cases that involve wide coverage and for which it is difficult to obtain evidence.
Article 157 Where the criminal suspect may be sentenced to a fixed-term imprisonment of ten years or more, investigation of the case can still not be concluded upon expiration of the extended time limit as provided in Article 156 hereof, extension of another 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 158 If, during the period of investigation, the criminal suspect is found to have committed other major crimes, the time limit for holding the criminal suspect in custody for investigation shall be re-calculated as of the date of discovery of such other crimes in accordance with Article 154 hereof.
The identity of the criminal suspect shall be investigated if his identity is unknown due to his refusal to give a real name or address, in which case the time limit for holding the criminal suspect in custody for investigation shall be calculated as of the date when his identity is ascertained, on the condition that the investigation of his criminal acts and the collection of evidence shall not be suspended. Where the identity of the criminal suspect is genuinely unable to be ascertained but the corpus delicti of the crimes is clear and the evidence is sufficient and concrete, prosecution and trial may be conducted under the name provided by the criminal suspect.
Article 159 An investigating authority shall listen to the opinions of a defense lawyer prior to closing the investigation of a case if so requested by the defense lawyer, and record the opinions in case files. The written opinions of the defense lawyer shall be attached to the case file. Article 160 A case of which the investigation is closed by the public security authority shall have the corpus delicti of crimes clear and sufficient and concrete evidence. The public security authority shall prepare written prosecution opinions, and submit the same together with the case files and evidence to the people's procuratorate at the same level for examination and decision, and shall at the same time inform the criminal suspect and his defense lawyer of the transfer of the case. Article 161 If it is discovered during investigation that the criminal liability of the criminal suspect 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 that approved the arrest shall be notified. Section 11 Investigation of Cases Directly Accepted by People's Procuratorates

Article 162 Investigation of cases directly accepted by people's procuratorates shall be governed by the provisions of this Part. Article 163 If a case directly accepted by the people's procuratorate fulfills the circumstances provided in Article 79 and Paragraph Four or Paragraph 5 of Article 80 hereof, and arrest or detention of the criminal suspect is necessary, the decision thereon shall be made by the people's procuratorate and executed by the public security authority.
Article 164 The people's procuratorate shall interrogate a detainee in a case directly accepted by it within 24 hours after the detention. If it is found that the person should not have been detained, the people's procuratorate shall immediately release the person and issue a release certificate.
Article 165 Where a people's procuratorate deems that it is necessary to arrest a detainee in a case directly accepted by it, it shall make a decision within 14 days. The period to make a decision on arrest may, under exceptional circumstances, be extended by one to three days. Where arrest is not necessary, the detainee shall promptly be released. Where further investigation is required and the detainee satisfies the conditions for release on bail pending trial or residential surveillance, the detainee shall be released on bail pending trial or be placed under residential surveillance in accordance with the law. Article 166 After the people's procuratorate has concluded the investigation of a case, it shall make a decision on indictment, no prosecution or dismissal of the case. Chapter III Indictment

Article 167 All cases requiring indictment shall be examined for decision by the people's procuratorates. Article 168 In examining a case, the people's procuratorate shall ascertain:
1. whether the corpus delicti 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 omission of crimes other persons whose criminal liability shall be investigated;
3. whether it is a case in where no criminal liability shall be pursued;
4. whether the case comes with an incidental civil action; and
5. whether the investigation activities of the case are lawful.
Article 169 The people's procuratorate shall make a decision within one month on a case transferred by the public security authority with a recommendation to initiate a prosecution; an extension of a half month may be allowed for major or complex cases.
If jurisdiction over a case to be examined and prosecuted by the people's procuratorate is altered, the time limit for examination and prosecution shall be calculated from the date on which another people's procuratorate receives the case after the alteration.
Article 170 When examining a case, the people's procuratorate shall interrogate the criminal suspect, consult the advocate, the victim and the agent ad litem thereof, and record their opinions in writing. Any written opinions of the advocate, the victim and the agent ad litem thereof shall be attached to the case files. Article 171 When examining a case, the people's procuratorate may request the relevant public security authority to provide the evidencing materials necessary for court trial proceedings, and may request the public security authority to explain the legality of evidence collected if it is of the opinion that the evidence may have been collected by unlawful means as stipulated in Article 54 hereof.
In examining a case that requires supplementary investigation, the people's procuratorate may remand the case to the public security authority for supplementary investigation or conduct the investigation itself.
In cases where supplementary investigation is to be conducted, it shall be completed within one month. Supplementary investigation may be conducted twice at most. When supplementary investigation is completed and the case is transferred to the people's procuratorate, the time limit for examination and prosecution shall be recalculated by the people's procuratorate.
The people's procuratorate shall make a decision on non-prosecution of a case for which a second supplementary investigation has been conducted, if it is of the opinion that there is still not sufficient evidence and that the case fails to meet the requirements for prosecution.
Article 172 When the people's procuratorate is of the opinion that the corpus delicti of a crime committed by a criminal suspect have been ascertained, the evidence is concrete and sufficient, and the suspect shall be subject to the criminal liability in accordance with the law, it shall make a decision on prosecution, indictment in a people's court in accordance with the provisions on trial jurisdiction, and transfer the relevant case materials and evidence to the people's court. Article 173 The people's procuratorate shall make a decision on non-prosecution of a case if there is no corpus delicti of the crime that has allegedly been committed by the criminal suspect or under any of the circumstances set forth in Article 15 hereof.
With respect to a case that is minor and the offender is not required to be subject to punishment or can be exempted from punishment according to the Criminal Law, the people's procuratorate may decide not to initiate a prosecution.
Where a people's procuratorate has decided not to prosecute a case, it shall take measures to free up the property sealed up, seized or frozen during investigation. Where administrative punishments, administrative sanctions or confiscation of illegal gains shall be imposed on the person free from prosecution, the people's procuratorate shall issue procuratorial opinions and transfer the case to the relevant authorities for handling. Such relevant authorities shall promptly notify the people's procuratorate of the handling results.
Article 174 A decision on no prosecution shall be announced publicly, and the decision shall be served on the person that is not to be prosecuted and his unit. If the said person is in custody, he shall be released immediately. Article 175 With respect to a case transferred by the public security authority for prosecution, if the people's procuratorate decides not to initiate a prosecution, it shall serve the decision in writing to the public security authority. If the public security authority considers that the decision on no prosecution is wrong, it may request for reconsideration, and if the request is rejected, it may submit the matter to the people's procuratorate at a higher level for review. Article 176 If the people's procuratorate decides not to initiate a prosecution with respect to a case that involves a victim, it shall serve the decision in writing on the victim. If the victim refuses to accept the decision, he may, within seven days after receiving the written decision, file a petition to the people's procuratorate at a higher level and request the latter for indictment. The people's procuratorate shall notify the victim of its decision made after reexamination. If the people's procuratorate upholds the decision on no prosecution, the victim may bring an action to the people's court. The victim may also bring an action directly to the people's court without filing a petition first. After the people's court has accepted the case, the people's procuratorate shall transfer the relevant case file to the people's court. Article 177 If the person against whom the people's procuratorate decides, in accordance with the provisions of the second paragraph of Article 173 hereof, not to initiate a prosecution still refuses to accept the decision, he may file a petition to the people's procuratorate within seven days after receiving the written decision. The people's procuratorate shall make a decision to conduct a reexamination, notify the person against whom no prosecution is to be initiated and at the same time send a copy of the decision to the public security authority. Division Three Trial

Chapter I Trial Organizations

Article 178 Trials of cases of first instance in basic level and intermediate people's courts shall be conducted by a collegial panel composed of three judges or judges and people's assessors of three. However, cases in which summary procedure is applied in the basic level people's courts may be tried by a single judge alone.
Trials of cases of first instance in the higher people's Courts or the Supreme People's Court shall be conducted by a collegial panel composed of three to seven judges or of judges and people's jurors of three to seven.
When performing their functions in the people's courts, the people's jurors shall enjoy equal rights with the judges.
Trials of appeal and defense cases in the people's courts shall be conducted by a collegial panel composed of three to five judges.
The members of a collegial panel shall be an odd number.
The president of the people's court or the chief judge of a division shall designate one judge to be the presiding judge of the collegial panel. If the president of the court or the chief judge of a division participates in a trial, he himself shall serve as the presiding judge.
Article 179 If opinions differ when a collegial panel conducts its deliberations, a decision shall be made in accordance with the opinions of the majority, but the opinions of the minority shall be entered into the records. The records of the deliberations shall be signed by the members of the collegial panel. Article 180 After the hearings and deliberations, the collegial panel shall render a judgment. With respect to a difficult, complex or major case, on which the collegial panel considers it difficult to make a decision, the collegial panel shall refer the case to the president of the court for him to decide whether to submit the case to the judicial committee for discussion and decision. The collegial panel shall execute the decision of the judicial committee. Chapter II Procedure of First Instance

Section 1 Cases of Public Prosecution

Article 181 Where, after examining a case of public prosecution, a People's Court discovers that there are specific alleged criminal facts in the bill of prosecution, it shall decide to try the case at a court session.
Article 182 After a People's Court decides to try a case at a court session, it shall identify the members of the collegial panel and deliver the copy of the bill of prosecution of a People's Procuratorate to the defendant and his advocates 10 days before the court session opens at the latest.
Before the court session opens, the judges may call together the prosecutors, parties and their advocates and agents ad litem for the litigation and learn about and hear opinions on issues related to the trial, such as, the withdrawal, name list of the witnesses to appear at the court and exclusion of illegal evidence.
After a People's Court has decided on the date of the court session, it shall notify a People's Procuratorate of the time and place of the court session, summons the parties and notify the advocates, the agents ad litem for the litigation, the witnesses, the expert witnesses and the interpreter. The subpoenas and notifications shall be delivered three days before the opening of the court session at the latest. With regard to a case to be heard in public, it shall announce, three days before the opening of the session, the subject matter of the case, the name of the defendant and the time and place of the court session.
The circumstances of the above-mentioned proceedings shall be entered in the written record, which shall be signed by the judges and the court clerk.
Article 183 Cases of first instance in a People's Court shall be heard in public. However, cases involving State secrets or private affairs of individuals shall not be heard in public; where cases involve business secrets and the parties apply not to hear the cases in public, they may not be heard in public.
The reason for not hearing a case in public shall be announced in court. Article 184 When a case of public prosecution is being tried in a People's Court, the People's Procuratorate shall send its procurators to the court to support the public prosecution. Article 185 When a court session opens, the presiding judge shall ascertain if all the parties have appeared in court and announce the subject matter of the case; he shall announce the roll, naming the members of the collegial panel, the court clerk, the prosecutor, the advocate, agent ad litem for the litigation, the expert witnesses and the interpreter; he shall inform the parties of their right to apply for withdrawal of any member of the collegial panel, the court clerk, the prosecutor, any expert witnesses or the interpreter; and he shall inform the defendant of his right to defence. Article 186 After the prosecutor has read out the bill of prosecution in court, the defendant and the victim may present statements regarding the crime accused in the bill of prosecution, and the prosecutor may interrogate the defendant.
The victim, the plaintiff and defender in an incidental civil action and the agents ad litem for the litigation may, with the permission of the presiding judge, put questions to the defendant.
The judges may interrogate the defendant.
Article 187 Where the prosecutors, the parties or their advocates or agents ad litem for the litigation have opposition against the testimony of the witnesses and the testimony has a material effect on the determination of crimes and imposing of punishment, and the People's Court considers it necessary for the witnesses to give testimony in court, the witnesses shall do accordingly.
Where a policeman gives testimony as a witness at court in respect of the crimes that he has witnessed when carrying out his duties, the provisions of the preceding paragraph shall apply.
Where the prosecutors, the parties or their advocates or agents ad litem for the litigation have opposition against the conclusions of expert witnesses, and the People's Court considers it necessary for the expert witnesses to appear in court, the expert witnesses shall appear in court to give testimony. Where, after the People's Court notifies the expert witnesses to appear in court to give testimony, they refuse to, their conclusions shall not be used as the basis for deciding the case.
Article 188 Where, after the notification of a People's Court, a witness refuses to appear in court to give testimony without justified reasons, the People's Court may compel him to appear in court, except the spouse, parents and children of the defendant.
Where a witness refuses to appear in court without justified reasons, or refuses to give testimony when appearing in court, he shall be reprimanded, or, if the circumstance is serious, subject to the approval of the president of the court, be punished by detention of no more than 10 days. If the person under punishment is not satisfied with the decision on the detention, he may apply to the People's Court at the next higher level for reconsideration. The execution of the detention shall not be suspended during the period of reconsideration. Article 189 Before a witness gives testimony, the judges shall instruct him to give testimony truthfully and explain to him the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence. The prosecutor, the parties, the advocates and agents ad litem for the litigation, with the permission of the presiding judge, may question the witnesses and expert witnesses. If the presiding judge considers any questioning irrelevant to the case, he shall put a stop to it.
The judges may question the witnesses and expert witnesses.
Article 190 The prosecutor and the advocates shall show the exhibits to the court for the parties to identify; the records of testimony of witnesses who are not present in court, the conclusions of expert witnesses who are not present in court, the records of inquests and other documents serving as evidence shall be read out in court. The judges shall heed the opinions of the prosecutor, the parties, the advocates and the agents ad litem for the litigation. Article 191 During a court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment, in order to carry out investigation to verify the evidence.
When carrying out investigation to verify evidence, the People's Court may conduct inquest, examination, sealing-up, seizure, expert evaluation, as well as inquiry and freeze.
Article 192 During a court hearing, the parties, the advocates and agents ad litem for the litigation shall have the right to request new witnesses to be summoned, new exhibits to be obtained, a new expert evaluation to be made, and another inquest to be held.
The prosecutors, parties and their advocates and agents ad litem for the litigation may apply to the court to notify people with special knowledge to appear in court and give opinions on the conclusions of the expert witnesses.
The court shall make a decision whether to grant the above-mentioned requests.
With regard to people with special knowledge appearing in court as stipulated in the second paragraph, the provisions governing expert witnesses shall apply. Article 193 During the trial of a case, all the facts and evidence related to the determination of crimes and imposing of punishment shall be investigated and debated.
With the permission of the presiding judge, the prosecutor, the parties, the advocates and the agents ad litem for the litigation may state their views on the evidence and the case, and they may debate with each other.
After the presiding judge has declared conclusion of the debate, the defendant shall have the right to present a final statement.
Article 194 If any participant in the proceedings of a trial or bystander violates the order of the courtroom, the presiding judge shall warn him to desist. If any person fails to obey, he may forcibly be taken out of the courtroom. If the violation is serious, the person shall be fined not more than RMB1,000 or detained not more than 15 days. The fine or detention shall be subject to approval of the president of the court. If the person under punishment is not satisfied with the decision on the fine or detention, he may apply to the People's Court at the next higher level for reconsideration. However, the execution of the fine or detention shall not be suspended during the period of reconsideration.
Whoever assembles a crowd to make an uproar or charges into the courtroom, or humiliates, slanders, intimidates or beats up judicial officers or participants in the proceedings, thereby seriously disturbing the order of the courtroom, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 195 After a defendant makes his final statement, the presiding judge shall announce an adjournment and the collegial panel shall conduct its deliberations and, on the basis of the established facts and evidence and in accordance with the provisions of relevant laws, render one of the following judgments:
1. If the facts of a case are clear, the evidence is reliable and sufficient, and the defendant is found guilty in accordance with law, he shall be pronounced guilty accordingly;
2. If the defendant is found innocent in accordance with law, he shall be pronounced innocent accordingly;
3. If the evidence is insufficient and thus the defendant cannot be found guilty, he shall be pronounced innocent accordingly on account of the fact that the evidence is insufficient and the accusation unfounded.
Article 196 In all cases, judgments shall be pronounced publicly.
If the judgment on a case is pronounced in court, a written form of the judgment shall be delivered within five days to the parties and the People's Procuratorate that initiated the public prosecution; in cases where the judgment is pronounced later on a fixed date, a written form of the judgment shall be delivered immediately after the pronouncement to the parties and the People's Procuratorate that indicated the public prosecution. At the same time, the written form of the judgment shall be delivered to the advocates and the agents ad litem for the litigation. Article 197 The written judgment shall be signed by the judges and by the court clerk, and the time limit for appeal and the name of the appellate court shall be clearly indicated therein. Article 198 A hearing may be postponed if during a trial one of the following situations affecting the conduct of the trial occurs:
1. if it is necessary to summon new witnesses, obtain new exhibits, make a new expert evaluation or hold another inquest;
2. if the procurators find that a case for which public prosecution has been initiated requires supplementary investigation, and they make a proposal to that effect;
3. if the trial cannot proceed because a party applies for the withdrawal of a judicial officer.
Article 199 If the hearings of a case is postponed in accordance with the provisions of paragraph (2) in Article 198 of this Law, the People's Procuratorate shall complete the supplementary investigation within one month. Article 200 Where, during the trial, a case can not continue to be tried within a long period due to any of the following reasons, the trial may be suspended:
1. The defendant has serious illness and is unable to appear in court;
2. The defendant has escaped;
3. The private prosecutor has serious illness and is unable to appear in court, and has not authorized an agent ad litem for the litigation to appear in court;
4. Force majeure.
When the cause of the suspension disappears, the trial shall be resumed. The period of the suspension of the trial shall not be counted into the period of the trial.
Article 201 The court clerk shall make a written record of the entire court proceedings, which shall be examined by the presiding judge and then signed by him and the court clerk.
That portion of the courtroom record comprising the testimony of witnesses shall be read out in court or given to the witnesses to read. After the witnesses acknowledge that the record is free of error, they shall sign or affix their seals to it.
The courtroom record shall be given to the parties to read or shall be read out to them. If a party considers that there are omissions or errors in the record, he may request additions or corrections to be made. After the parties acknowledge that the record is free of error, they shall sign or affix their seals to it. Article 202 A People's Court shall pronounce judgment on a case of public prosecution within two months or, three months at the latest, after accepting it.
With regard to a case in which the death sentence may be imposed, a case with incidental civil action or a case under any of the circumstances as stipulated in Article 156 of this Law, the period may be extended by three months, subject to the approval of the People's Court at the next higher level; where the period needs to be further extended due to special circumstances, it shall be reported to the Supreme People's Court for approval.
If jurisdiction of a People's Court over a case is altered, the time limit for handling the case shall be calculated from the date on which another People's Court receives the case after the alteration.
As to a case for which a People's Procuratorate has to conduct supplementary investigation, the People's Court shall start to calculate anew the time limit for handling the case after the supplementary investigation has been completed and the case has been transferred to it.
Article 203 If a People's Procuratorate discovers that in handling a case a People's Court has violated the litigation procedure prescribed by law, it shall have the power to suggest to the People's Court that it should set it right.
Section 2 Private Prosecution

Article 204 Cases of private prosecution include the following:
1. cases to be handled only upon complaint;
2. cases for which the victims have evidence to prove that those are minor criminal cases; and
3. cases for which the victims have evidence to prove that the defendants should be investigated for criminal responsibility according to law because their acts have infringed upon the victims' personal or property rights, whereas, the public security organs or the People's Procuratorates do not investigate the criminal responsibility of the accused.
Article 205 After examining a case of private prosecution, the People's Court shall handle it in one of the following manners in light of the different situations:
1. If the facts of the crime are clear and the evidence is sufficient, the case shall be tried at a court session;
2. In a case of private prosecution for which criminal evidence is lacking, if the private prosecutor cannot present supplementary evidence, the court shall persuade him to withdraw his prosecution or order its rejection.
If a private prosecutor, having been served twice with a summons according to law, refuses to appear in court without justifiable reasons, or if he withdraws from a court session without permission of the court, the case may be considered withdrawn by him.
If during the trial of a case the judges have doubts about the evidence and consider it necessary to conduct investigation to verify the evidence, the provisions of Article 191 of this Law shall apply. Article 206 A People's Court may conduct mediation in a case of private prosecution; the private prosecutor may arrange a settlement with the defendant or withdraw his prosecution before a judgment is pronounced. Mediation shall not be conducted for cases stipulated in paragraph (3) of Article 204 of this Law.
With regard to the required period for the trial of a private prosecution by a People's Court, where the defendant is in custody, the provisions of the first paragraph and second paragraph of Article 202 of this Law shall apply; where the defendant is not in custody, the People's Court shall pronounce judgment within six months after accepting it.
Article 207 In the process of the proceedings, the defendant in a case of private prosecution may raise a counterclaim against the private prosecutor. The provisions governing private prosecutions shall apply to counterclaims. Section 3 Summary Procedure

Article 208 With regard to a case in the jurisdiction of basic level people's court, where it meets the following conditions, it may be tried through the summary procedure:
1. The facts of the case are clear and the evidence is sufficient;
2. The defendant acknowledges his crime and has no objection against the alleged criminal facts;
3. The defendant has no objection against the application of the summary procedure.
When a People's Procuratorate initiates a public prosecution, it may suggest a People's Court to apply the summary procedure.
Article 209 Under any of the following circumstances, the summary procedure shall not be applied:
1. The defendant is blind, deaf or mute, or is a mental patient who has not completely lost the ability of recognizing or controlling his own conduct;
2. The case has a significant influence on society;
3. some of the defendants in a case of joint crime do not admit their crime or have objection against the application of the summary procedure;
4. Other circumstances in which it is not appropriate to try a case through the summary procedure.
Article 210 Where a case is tried through the summary procedure, if the criminal punishment of below three-year imprisonment may be imposed, it may be tried by a collegial panel or by a single judge alone; if the fixed-term imprisonment that may be imposed will exceed three years, it shall be tried by a collegial panel.
For a case of public prosecution that is tried through summary procedure, the People's Procuratorate shall send procurators to the court.
Article 211 Where a case is tried through the summary procedure, the judge shall ask the defendant for his opinion on the alleged criminal facts, inform the defendant of the legal provisions on the trial through summary procedure, and confirm whether the defendant agrees to the trial through summary procedure. Article 212 In a case that is tried through summary procedure, the defendant and his advocates may, with the permission of the judges, debate with the prosecutors, private prosecutor and his agents ad litem for the litigation. Article 213 Trial of cases through summary procedure shall not be subject to the provisions of Section 1 of this Chapter governing the delivery time limit and procedures of interrogating the defendant, questioning the witnesses and expert witnesses, showing the evidence, and debating in court. However, before the judgment is pronounced, the final statement of the defendant shall be heard. Article 214 For a case to be tried through summary procedure, the People's Court shall conclude it within 20 days after accepting it; for a case in which a fixed-term imprisonment of more than three years may be imposed, the prescribed period may be extended to one and a half months. Article 215 If in the course of trying a case the People's Court discovers that the summary procedure is not appropriate for the case, it shall try it anew in accordance with the provisions in Section 1 or Section 2 of this Chapter. Chapter III Procedure of Second Instance

Article 216 If the defendant, private prosecutor or their legal representatives are not satisfied with a judgment or order of first instance made by a local People's Court at any level, they shall have the right to appeal in writing or orally to the People's Court at the next higher level. Advocates or near relatives of the defendant may, with the consent of the defendant, file appeals.
A party to an incidental civil action or his legal representatives may file an appeal against that part of a judgment or order of first instance made by a local People's Court at any level that deals with the incidental civil action.
A defendant shall not be deprived on any pretext of his right to appeal.
Article 217 If a local People's Procuratorate at any level considers that there is some definite error in a judgment or order of first instance made by a People's Court at the same level, it shall present a protest to the People's Court at the next higher level. Article 218 If the 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 from the date of receiving the written judgment, have the right to request the People's Procuratorate to present a protest. The People's Procuratorate shall, within five days from the date of receiving the request made by the victim or legal representative, decide whether to present the protest or not and give him a reply. Article 219 The time limit for an appeal or a protest against a judgment shall be 10 days and the time limit for an appeal or a protest against an order shall be five days; the time limit shall be counted from the day after the written judgment or order is received. Article 220 If a defendant, private prosecutor, or a 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 shall within three days transfer the petition of appeal together with the case file and the evidence to the People's Court at the next higher level; at the same time it shall deliver duplicates of the petition of appeal to the People's Procuratorate at the same level and to the other party.
If a defendant, private prosecutor, or a plaintiff or defendant in an incidental civil action files an appeal directly to the People's Court of second instance, the People's Court shall within three days transfer the petition of appeal to the People's Court which originally tried the case for delivery to the People's Procuratorate at the same level and to the other party.
Article 221 If a local People's Procuratorate at any level protests against a judgment or order of first instance made by the People's Court at the same level, it shall present a written protest through the People's Court which originally tried the case and send a copy of the written 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 shall deliver duplicates of the written protest to the parties.
If the People's Procuratorate at the next higher level considers the protest inappropriate, it may withdraw the protest from the People's Court at the same level and notify the People's Procuratorate at the next lower level.
Article 222 A People's Court of second instance shall conduct a complete review of the facts determined and the application of law in the judgment of first instance and shall not be limited by the scope of appeal or protest.
If an appeal is filed by only some of the defendants in a case of joint crime, the case shall still be reviewed and handled as a whole.
Article 223 With respect to the following cases, a People's Court of second instance shall form a collegial panel and open a court session to hear the cases:
1. an appeal case in which the defendant, the private prosecutor or the legal representative thereof makes opposition against the facts or evidence determined at the first instance and it may affect the determination of crimes and imposing of punishment;
2. an appeal case in which the defendant has been sentenced to death in the trial of first instance;
3. a case protested by a People's Procuratorate;
4. other cases that should be tried in court sessions.
Where a People's Court of second instance decides not to try a case in a court session, it shall interrogate the defendant and hear the opinions of other parties, advocates and agents ad litem for the litigation.
When a People's Court of second instance opens a court session to hear a case of appeal or protest, it may do so in the place where the case occurred or in the place where the People's Court which originally tried the case is located.
Article 224 With respect to both cases protested by a People's Procuratorate and cases of public prosecution tried by a People's Court of second instance in a court session, the People's Procuratorate at the same level shall send its procurators to the court. After deciding to open a court session to try a case, the People's Court of second instance shall notify without delay the People's Procuratorate to examine the case files. The People's Procuratorate shall finish the examining within one month. The time that the People's Procuratorate spends on examining the case files shall not be counted into the period for the trial. Article 225 After hearing a case of appeal or protest against a judgment of first instance, the People's Court of second instance shall handle it in one of the following manners in light of the different situations:
1. if the original judgment was correct in the determination of facts and the application of law and appropriate in the meting out of punishment, the People's Court shall order rejection of the appeal or protest and affirm the original judgment;
2. if the original judgment contained no error in the determination of facts but the application of law was incorrect or the punishment was inappropriately meted out, the People's Court shall revise the judgment;
3. if the facts in the original judgment were unclear or the evidence was insufficient, the People's Court may revise the judgment after ascertaining the facts, or it may rescind the original judgment and remand the case to the People's Court which originally tried it for retrial.
Where, after the People's Court which originally tried it has made a judgment on the case remanded for retrial in accordance with the provisions of Item (3) of the preceding paragraph, the defendant files an appeal or a People's Procuratorate protests, the People's Court of second instance shall deliver a judgment or an order in accordance with law and shall not remand the case to the People's Court which originally tried it for retrial again.
Article 226 In the trial of a case appealed by a defendant, or his legal representative, defender or near relative, the People's Court of second instance may not increase the criminal punishment on the defendant. With regard to a case remanded by the People's Court of second instance to the People's Court which originally tried it for retrial, except where there are new criminal facts and the People's Procuratorate files supplementary prosecution, the People's Court which originally tried it may not increase the criminal punishment on the defendant, either.
The restriction laid down in the preceding paragraph shall not apply to cases protested by a People's Procuratorate or cases appealed by private prosecutors.
Article 227 If a People's Court of second instance discovers that when hearing a case, a People's Court of first instance violates the litigation procedures prescribed by law in one of the following ways, it shall rule to rescind the original judgment and remand the case to the People's Court which originally tried it for retrial:
1. violating the provisions of this Law regarding trial in public;
2. violating the withdrawal system;
3. depriving the parties of their litigation rights prescribed by law or restricting, such rights, which may hamper impartiality of a trial;
4. unlawful formation of a judicial organization; or
5. other violations against the litigation procedures prescribed by law which may hamper impartiality of a trial.
Article 228 The People's Court which originally tried a case shall form a new collegial panel for the case remanded to it for retrial, and try the case in accordance with the procedure of first instance. With respect to the judgment rendered after the retrial, an appeal or protest may be lodged in accordance with the provisions of Article 216, 217 or 218 of this Law.
Article 229 After a People's Court of second instance has reviewed an appeal or protest against an order of first instance, it shall order rejection of the appeal or protest or rescind or revise the original order respectively with reference to the provisions of Article 225, 227 or 228 of this Law. Article 230 The People's Court which originally tried a case shall calculate the time limit anew for the trial of the case remanded to it by the People's Court of second instance for retrial from the date of receiving the case remanded. Article 231 Except where provided for in this Chapter, a People's Court of second instance shall try cases of appeal or protest with reference to the procedure of first instance. Article 232 After accepting a case of appeal or protest, a People's Court of second instance shall conclude the trial of the case within two months. With regard to a case in which the death sentence may be imposed, a case with an incidental civil action, or a case which is under any of the circumstances stipulated in Article 156 of this Law, subject to the approval or decision by the Higher People's Court of a province, autonomous region or municipality directly under the Central Government, the period may be extended by two months; where the period needs to be further extended due to special circumstances, it shall be reported to the Supreme People's Court for approval.
With respect to cases of appeal or protest accepted by the Supreme People's Court, the time limit for the conclusion thereof shall be decided by the Supreme People's Court itself.
Article 233 All judgments and orders of second instance and all judgments and orders of the Supreme People's Court are final. Article 234 The public security organs, People's Procuratorates and People's Courts shall have the property, things of value of the criminal suspects and defendants, as well as the fruits accruing therefrom, that they have sealed up, seized or frozen well kept for examination, and shall make an inventory thereof and transfer the same together with the case. No units or individuals shall misappropriate them or dispose of them without authorization. The lawful property of the victims shall be returned to them without delay. Prohibited articles and perishable things shall be disposed of in accordance with the relevant regulations of the State.
Things that serve as tangible evidence shall be transferred together with the case, but for things that are unsuitable to be transferred, their inventory and photos and other documents of certification shall be transferred together with the case.
The judgment made by a People's Court shall involve how to deal with the sealed up, seized or frozen property and things of value, as well as the fruits accruing therefrom.
After a judgment rendered by the People's Court becomes effective, the relevant authorities shall dispose of all the sealed up, seized or frozen property, things of value, as well as the fruits accruing therefrom, in accordance with the judgment. All the sealed up, seized or frozen illicit money and goods as well as the fruits accruing therefrom, except those that are returned to the victim according to law, shall be turned over to the State Treasury.
Any judicial officer who embezzles or misappropriates or disposes of the sealed up, seized or frozen property, things of value as well as the fruits accruing therefrom without authorization shall be investigated for criminal responsibility according to law; if the offence does not constitute a crime, he shall be given administrative sanction.
Chapter IV Procedure for Review of Death Sentences

Article 235 Death sentences shall be subject to approval by the Supreme People's Court. Article 236 A case of first instance where an Intermediate People's Court has imposed a death sentence and the defendant does not appeal shall be reviewed by a Higher People's Court and submitted to the Supreme People's Court for approval. If the Higher People's Court does not agree with the death sentence, it may bring the case up for trial or remand the case for retrial.
Cases of first instance where a Higher People's Court has imposed a death sentence and the defendant does not appeal, and cases of second instance where a death sentence has been imposed shall all be submitted to the Supreme People's Court for approval.
Article 237 A case where an Intermediate People's Court has imposed a death sentence with a two-year suspension of execution, shall be subject to approval by a Higher People's Court. Article 238 Reviews by the Supreme People's Court of cases involving death sentences and reviews by a Higher People's Court of cases involving death sentences with a suspension of execution shall be conducted by collegial panels each composed of three judges. Article 239 Where the Supreme People's Court reviews a case involving the death sentence, it should deliver the order of approval or disapproval of the death sentence. In case of disapproval, the Supreme People's Court may remand the case for retrial or revise the sentence. Article 240 When the Supreme People's Court reviews a case involving the death sentence, it should question the defendant, and should hear the opinions of the defence lawyer if he requests.
During the review of a case involving the death sentence, the Supreme People's Procuratorate may make recommendations to the Supreme People's Court. The Supreme People's Court should inform the Supreme People's Procuratorate of the result of the review of a case involving the death sentence.
Chapter V Procedure for Trial Supervision

Article 241 A party or his legal representative or his close relative may present a petition to a People's Court or a People's Procuratorate regarding a legally effective judgment or order. However, the execution of the judgment or order shall not be suspended. Article 242 If a petition presented by a party or his agent ad litem or his near relative conforms to any of the following conditions, the People's Court shall retry the case:
1. There is new evidence proving that the facts confirmed in the original judgment or order are definitely wrong and may affect the identification of guilt and measurement of penalty;
2. The evidence upon which the condemnation was made and punishment meted out is unreliable and insufficient and should be excluded in accordance with law, or the major pieces of evidence for supporting the facts of the case contradict each other;
3. The application of law in making the original judgment or order is definitely incorrect;
4. The litigation procedure prescribed by law has been violated and it may hamper the impartiality of a trial;
5. The judges in trying the case committed acts of embezzlement, acceptance of bribes, or malpractices for personal gain, or bended the law in making judgment.
Article 243 If the president of a People's Court at any level finds some definite error in a legally effective judgment or order of his court as to the determination of facts or application of law, he shall refer the matter to the judicial committee for handling.
If the Supreme People's Court finds some definite error in a legally effective judgment or order of a People's Court at any lower level, or if a People's Court at a higher level finds some definite error in a legally effective judgment or order of a People's Court at a lower level, it shall have the power to bring the case up for trial itself or may direct a People's Court at a lower level to conduct a retrial.
If the Supreme People's Procuratorate finds some definite error in a legally effective judgment or order of a People's Court at any level, or if a People's Procuratorate at a higher level finds some definite error in a legally effective judgment or order of a People's Court at a lower level, it shall have the power to present a protest to the People's Court at the same level against the judgment or order in accordance with the procedure for trial supervision.
With respect to a case protested by a People's Procuratorate, the People's Court that has accepted the protest shall form a collegial panel for retrial; if the facts, on the basis of which the original judgment was made, are not clear or the evidence is not sufficient, it may direct the People's Court at the lower level to try the case again. Article 244 If a People's Court at a higher level directs a People's Court at a lower level to retry a case, it should direct a People's Court at a lower level other than the one which originally tried the case; if it is more appropriate for the People's Court which originally tried the case to try the case, it can also direct the People's Court which originally tried the case to try the case. Article 245 If a People's Court retry a case in accordance with the procedure for trial supervision and the retrial is to be conducted by the one which originally tried the case, a new collegial panel shall be formed for the retrial.
If the case was originally one of first instance, it shall be tried in accordance with the procedure of first instance and the new judgment or order may be appealed or protested;
If the case was originally one of second instance or was brought up for trial by a People's Court at a higher level, it shall be tried in accordance with the procedure of second instance and the judgment or order rendered shall be final.
With regard to case retried by a People's Court in a court session, the People's Procuratorate at the same level should send procurators to the court.
Article 246 With regard to a case which a People's Court has decided to retry, if mandatory measures need to be taken on the defendant, the decision should be made by the People's Court in accordance with law; with regard to a case retried due to the protest from a People's Procuratorate, if mandatory measures need to be taken on the defendant, the decision should be made by the People's Procuratorate in accordance with law.
With regard to a case tried by a People's Court in accordance with the procedure for trial supervision, it can decide to suspend the execution of the original judgment or order.
Article 247 With respect to a case retried by a People's Court in accordance with the procedure for trial supervision, it shall conclude the trial within three months from the day on which it makes the decision to bring the case up for trial itself or on which the decision is made for it to retry the case. If it is necessary to extend the time limit, the period shall not exceed six months.
If a People's Court that has accepted a protest tries a protested case in accordance with the procedure for trial supervision, the provisions of the preceding paragraph shall apply to the time limit for the trial; if it needs to direct a People's Court at a lower level to retry a case, the decision shall be made within one month from the date of accepting a protest, and the provisions of the preceding paragraph shall apply to the time limit for the People's Court at a lower level to try the case.
Division Four Execution

Article 248 Judgments and orders shall be executed after they become legally effective.
The following judgments and orders are legally effective:
1. judgments and orders against which no appeal or protest has been filed within the legally prescribed time limit;
2. judgments and orders of final instance;
3. judgments of the death penalty approved by the Supreme People's Court and judgments of the death penalty with a two-year suspension of execution approved by a Higher People's Court.
Article 249 If a defendant in custody is given the verdict of not guilty or exempted from criminal punishment by a People's Court of first instance, he shall be released immediately after the judgment is pronounced. Article 250 When a judgment of the death penalty with immediate execution is imposed or approved by the Supreme People's Court, the President of the Supreme People's Court shall sign and issue an order to execute the death sentence.
If a criminal sentenced to death with a two-year suspension of execution commits no intentional offense during the period of suspension of the sentence and his punishment should therefore be commuted according to law on expiration of such period, the executing organ shall submit a written recommendation to a Higher People's Court for an order; if there is verified evidence that the criminal has committed intentional offense and his death sentence should therefore be executed, the Higher People's Court shall submit the matter to the Supreme People's Court for examination and approval.
Article 251 After receiving an order from the Supreme People's Court to execute a death sentence, the People's Court at a lower level shall cause the sentence to be executed within seven days. However, under one of the following circumstances, the People's Court at a lower level shall suspend execution and immediately submit a report to the Supreme People's Court for an order:
1. If it is discovered before the execution of the sentence that the judgment may contain an error;
2. If, before the execution of the sentence, the criminal exposes major criminal facts or renders other significantly meritorious service, thus the sentence may need to be revised; or
3. If the criminal is pregnant.
If the reason given in paragraph (1) or (2) of the preceding paragraph which caused the suspension of the sentence has disappeared, the sentence may be executed only after a report is submitted to the President of the Supreme People's Court for him to sign and issue another order for execution of the death sentence. If execution is suspended for the reason given in paragraph (3) of the preceding paragraph, a request shall be submitted to the Supreme People's Court for it to alter the sentence according to law.
Article 252 Before a People's Court causes a death sentence to be executed, it shall notify the People's Procuratorate at the same level to send an officer to supervise the execution on the scene.
A death sentence shall be executed by such means as shooting or injection.
A death sentence may be executed on the execution ground or in a designated place of custody.
The judicial officer directing the execution shall verify the identity of the criminal, ask him if he has any last words or letters and then deliver him to the executioner for execution of the death sentence. If it is discovered before the execution that there may be an error, the execution shall be suspended and a report submitted to the Supreme People's Court for an order.
Executions of death sentences shall be announced but shall not be held in public.
After a death sentence is executed, the court clerk on the scene shall prepare a written record of it. The People's Court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court.
After a death sentence is executed, the People's Court that caused the death sentence to be executed shall notify the family members of the criminal.
Article 253 When a criminal is handed over for execution of his criminal punishment, the People's Court that caused the sentence to be executed shall deliver the relevant legal documents to the public security organ, a prison or other executing organs within ten days after the judgment becomes effective.
A criminal sentenced to death with a two-year suspension of execution, or life imprisonment, or fixed-term imprisonment shall, according to law, be handed over by a public security organ to a prison for execution of his criminal punishment. As to a criminal sentenced to fixed-term imprisonment, if the remaining term of sentence is not more than three months before he is handed over for execution of his criminal punishment, the sentence shall be executed by a detention house instead. As to a criminal sentenced to criminal detention, the sentence shall be executed by a public security organ.
As to a juvenile delinquent, his criminal punishment shall be executed in a reformatory for juvenile delinquents.
An executing organ shall take a criminal into custody without delay and notify the family members of the criminal.
A criminal sentenced to fixed-term imprisonment or criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.
Article 254 A criminal sentenced to fixed-term imprisonment or criminal detention, under any of the following circumstances, may be permitted to temporarily serve his sentence outside a prison and a detention house:
1. the criminal is seriously ill and needs to be released on bail for medical treatment;
2. the criminal is pregnant or is breast-feeding her own baby;
3. the criminal is unable to look after himself in everyday life, and the temporary application of his service of sentence outside a prison and a detention house would not endanger the society,
If a criminal sentenced to life imprisonment is under the circumstance prescribed by paragraph (2) of the proceeding paragraph, the sentence can be executed outside a prison and a detention house temporarily.
If a criminal to be released on bail for medical treatment may endanger the society or if a criminal injures himself or makes himself disabled, he may not be released on bail for medical treatment.
If a criminal is truly seriously ill and must be released on bail for medical treatment, a diagnosis made and a supporting document prepared by the hospital designated by a people's government at the provincial level shall be needed.
Before a criminal is handed over for execution of the sentence, the temporary execution of the sentence outside a prison and a detention house shall be decided upon by the People's Court which has caused the sentence executed; after a criminal is handed over for execution of the sentence, the temporary execution of the sentence outside a prison and a detention house shall be suggested in a written recommendation, which shall be submitted to a prison administration organ above the provincial level or a public security organ of or above the level of a city divided into districts for approval.
Article 255 If a prison or a detention house submits the written recommendation of temporary execution of the sentence outside a prison and a detention house, it shall send a copy of the written recommendation to the People's Procuratorate. The People's Procuratorate may submit a written recommendation to the organ that has decided on or approved the temporary execution of the sentence outside a prison and a detention house. Article 256 The organ that has decided on or approved the temporary execution of sentence outside a prison and a detention house shall send a copy of its decision on the approval to a People's Procuratorate. If the People's Procuratorate considers the temporary execution of sentence outside a prison and a detention house improper, it shall within one month from the date of receiving the notification, submit its recommendation in writing to the organ that has decided on or approved the temporary execution of sentence outside a prison and a detention house, which shall, upon receiving the written recommendation of the People's Procuratorate, re-examine its decision without delay. Article 257 If a criminal under the temporary execution of the sentence outside a prison and a detention house is under any of the following circumstances, he shall be taken to a prison or a detention house without delay:
1. It is discovered that he does not meet the conditions for the temporary execution of the sentence outside a prison and a detention house;
2. He has seriously violated the supervision and administration provisions on the temporary execution of the sentence outside a prison and a detention house;
3. After the circumstance entitling him to the temporary execution of the sentence outside a prison and a detention house disappears, the sentence for the criminal has not been served out.
If a criminal, who a People's Court has decided that shall temporarily serve his sentence outside a prison and a detention house, is to be taken to a prison or a detention house, the decision shall be made by the People's Court and the People's Court shall deliver the relevant legal documents to a public security organ, prison or other executing organ.
If a criminal who does not meet the conditions of temporary execution of the sentence outside a prison and a detention house has been applied such by bribery and other illegal means, the period thereof shall not be counted into the term supposed to be served. If the criminal escapes during the temporary execution of the sentence outside a prison and a detention house, the period of his escape shall not be counted into the term supposed to be served.
If a criminal dies during the period in which he is serving his sentence outside a prison and a detention house temporarily, the executing organ shall inform the prison or detention house without delay.
Article 258 If community correction is to be applied on a criminal who has been sentenced to public surveillance, or on whom suspension of the sentence, parole or temporary execution of the sentence outside a prison and a detention house has been pronounced, it shall be executed by a community correction institution. Article 259 Sentence of deprivation of political rights that has been imposed on a criminal shall be executed by a public security organ.
After the expiry of the execution period, the executing organ shall notify in writing the criminal himself, and the unit where he works and the grassroots organization of the place where he resides.
Article 260 If a criminal sentenced to a fine fails to pay the fine within the time limit, the People's Court shall compel him to pay;
If he has true difficulty in paying because he has suffered an overwhelming disaster, an order may be made to reduce the fine or exempt him from payment.
Article 261 All judgments on confiscation of property, whether imposed as a supplementary punishment or independently, shall be executed by the People's Courts; when necessary, the People's Courts may execute such judgments jointly with the public security organs. Article 262 If a criminal commits a crime again while serving his sentence, or if a criminal act that is discovered was not known at the time of judgment, he shall be transferred by the executing organ to a People's Procuratorate for handling.
If a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment shows true repentance or renders meritorious service while serving his sentence and should be granted a commutation of sentence or be released on parole according to law, the executing organ shall submit a written recommendation to a People's Court for examination and an order, and send a copy of the written recommendation to a People's Procuratorate. The People's Procuratorate can submit a written recommendation to the People's Court.
Article 263 If a People's Procuratorate considers that the order on commutation of sentence or on parole made by a People's Court is improper, it shall, within 20 days from the date of receiving a copy of the written order, submit a written recommendation to the People's Court for correction. The People's Court shall, within one month from the date of receiving the recommendation, form a new collegial panel to handle the case and render a final order. Article 264 If, during execution of a criminal punishment, the prison or any other executing organ believes that there is an error in the judgment or the criminal lodges a petition, it shall refer the matter to the People's Procuratorate or the People's Court that pronounced the original judgment for handling. Article 265 The People's Procuratorates shall supervise the execution of criminal punishments by executing organs to see if the execution conforms to law. If they discover any illegalities, they shall notify the executing organs to correct them. Division Five Special Procedures

Chapter I Litigation Procedures for Criminal Cases Involving Minors

Article 266 The guideline of education, influence and reform, and salvation shall be applied on criminal minors and the principle of education as the main method and punishment as the supporting method shall be stuck to.
When a People's Court, People's Procuratorate and public security organ handle a criminal case involving a minor, they shall guarantee that the minor should exercise his litigation rights and have legal aids, and the case shall be handled by judges, procurators and investigators who are familiar with the physical and mental characteristics of minors.
Article 267 If a minor criminal suspect or defendant has not authorized a defender, a People's Court, People's Procuratorate or public security organ shall notify a legal assistance institution to appoint a lawyer to provide defense for him.
Article 268 When a public security organ, People's Procuratorate or People's Court handles a criminal case involving a minor, it may make investigations on the growing-up experience, offence causes, guardianship and education, etc. of the minor criminal suspect or defendant. Article 269 With regard to a minor criminal suspect or defendant, the application of arrest shall be strictly restricted. If a People's Procuratorate examines and approves an arrest and a People's Court decides on an arrest, it shall question the minor criminal suspect or defendant, and hear the opinions of the defence lawyer.
Minors and adults who have been detained, arrested or applied criminal punishment shall be held in custody, administered and educated separately.
Article 270 With regard to a criminal case involving a minor, during questioning and trial, the legal representative of the minor criminal suspect or defendant shall be notified to be present at the scene. If it is not possible to make the notification, or the legal representative cannot be present at the scene or is a joint offender, other adult relatives of the minor criminal suspect or defendant, or representatives from the school, unit, or grassroots organization of the place which/where he attends, works or resides, or representatives from minors protection organizations may be notified instead, and the relevant circumstances shall be recorded in files. The legal representative present at the scene may exercise vicariously the litigation rights of the minor criminal suspect or defendant.
If the legal representative or other person present at the scene is of the view that the people handling the case have infringed upon the minor's lawful rights and interests during the questioning or trial, he may raise their opinions. The questioning record and courtroom record shall be handed over to the legal representative or other person present at the scene for him to read or read the same to him.
When questioning a female minor criminal suspect, a female functionary shall be at the scene.
In the trial of a criminal case involving a minor, after the minor defendant makes his final statement, his legal representative may make supplementary statement.
When questioning a minor victim or witness, the provisions of the first, second and third paragraphs shall apply.
Article 271 If a minor is suspected of committing a crime specified in Chapter IV, V or VI of the Specific Provisions of the Criminal Law and may be sentenced to a criminal punishment below one-year fixed-term imprisonment, and the case meets the condition for prosecution, a People's Procuratorate may arrive at the decision of conditional non-prosecution, provided that the minor has demonstrated repentance. Before a People's Procuratorate arrives at the decision of conditional non-prosecution, it shall hear the opinions from the public security organ and the victim.
If a public security organ requests a review or the victim presents a petition in respect of a decision of conditional non-prosecution, the provisions of Articles 175 and 176 of this Law shall apply.
If the minor criminal suspect and his legal representative oppose the People's Procuratorate's decision of conditional non-prosecution, the People's Procuratorate shall make the decision of prosecution.
Article 272 During the probation period for conditional non-prosecution, a People's Procuratorate shall supervise and inspect the minor criminal suspect under conditional non-prosecution. The guardian of the minor criminal suspect should intensify disciplining him, and cooperate with the People's Procuratorate in order for it to well conduct the supervision and inspection.
The probation period for conditional non-prosecution shall be over six months and below one year, starting from the date when the People's Procuratorate arrives at the decision of conditional non-prosecution.
The minor criminal suspect under conditional non-prosecution shall observe the following provisions:
1. observing laws and regulations, and submitting to supervision;
2. reporting on his own activities as required by the inspecting organ;
3. reporting to obtain approval from the inspecting organ for any departure from the city or county he lives in or for any change in residence;
4. receiving correction and education as required by the inspecting organ. Article 273 If a minor criminal suspect under conditional non-prosecution is under any of the following circumstances during the probation period, a People's Procuratorate shall rescind the decision of conditional non-prosecution and institute public prosecution:
1. He has committed a new offence or it is discovered that other offenses before the decision of conditional non-prosecution was made need to be pursued;
2. He has seriously violated the provisions of public security administration or the supervision and administration provisions of the inspecting organ in respect of the conditional non-prosecution.
If the minor criminal suspect under conditional non-prosecution is not under any of the above circumstances during the probation period, the People's Procuratorate shall make the decision of non-prosecution at the expiry of the probation period.
Article 274 With regard to a case in which the defendant is under the age of 18 at the time of the trial, the case shall not be heard in public. However, with the consent of the minor defendant and his legal representative, representatives from the school where the minor defendant studies and minors protection organizations may be present. Article 275 If a person is under the age of 18 when committing a crime and is sentenced to a criminal punishment under five-year fixed term imprisonment, the relevant crime records shall be sealed up.
If the crime records are sealed up, they shall not be provided to any unit or individual, except when a judicial organ makes inquiry as required by its handling of a case or the relevant unit makes inquiry in accordance with the state's rules. The units making inquiry in accordance with law shall keep confidential the information in the crime records sealed up.
Article 276 When handling a criminal case involving a minor, except provided for in this Chapter, the other provisions of this Law shall apply. Chapter II The Litigation Procedure of Public Prosecution in Which Parties Reach a Settlement

Article 277 In the following public prosecutions, if the criminal suspect or defendant sincerely feels remorse for his crime and obtains the forgiveness of the victim by paying compensation and apologizing to the victim and other means, and the victim is willing to settle, the two parties may reach a settlement:
1. The criminal case is caused by civil disputes and the crime is suspected of violating the provisions of Chapter IV and V of the Criminal Law and may lead to a criminal punishment below a three-year fixed-term imprisonment;
2. A negligence criminal case which may result in a criminal punishment below a seven-year fixed-term imprisonment, excluding the crime of dereliction of duty.
Where a criminal suspect or defendant has committed an intentional crime in the past five years, the procedure stipulated in this Chapter shall not apply.
Article 278 If the two parties reaches a settlement, a public security organ, the People's Procuratorate and People's Court shall hear the opinions of the parties and other parties concerned, examine the voluntariness and legality of the settlement and preside over the making of the settlement agreement. Article 279 With regard to a case in which a settlement has been reached, a public security organ may make recommendations of leniency to a People's Procuratorate. A People's Procuratorate may put forward recommendations of punishment with leniency to a People's Court; if the circumstances of a person's crime are minor and do not require criminal punishment, the People's Procuratorate may make the decision of non-prosecution. A People's Court may impose a punishment with leniency on the defendant in accordance with law. Chapter III The Confiscation Procedure for Illegal Proceeds in a Case in Which the Criminal Suspect or Defendant Goes Into Hiding or Dies

Article 280 For a case involving a grave crime, such as, embezzlement and bribery and terrorism, if the criminal suspect or defendant goes into hiding, and fails to surrender himself or after having been wanted for a year failed to make an appearance, or the criminal suspect or defendant dies, and his illegal proceeds and other property involved in the case should be confiscated in accordance with the law, a People's Procuratorate may make an application of confiscating the illegal proceeds to a People's Court.
If a public security organ is of the view of the existence of the circumstance as stipulated in the preceding paragraph, it shall draft the written opinion of confiscating the illegal proceeds and submit it to a People's Procuratorate.
The application of confiscating the illegal proceeds shall be accompanied with evidence relating to the facts of the crime and illegal proceeds and specify the types, amount, location and details of seal up, seizure and freezing of the property.
When necessary, a People's Court may seal up, seize or freeze the property the seizure of which has been applied for.
Article 281 The application of confiscating the illegal proceeds shall be examined by a collegiate panel formed by the Intermediate People's Court at the place where the crime was committed or at the place of residence of the criminal suspect or defendant.
After a People's Court has accepted the application of confiscating the illegal proceeds, it shall make an announcement. The period of the announcement shall be six months. The close relative of the criminal suspect or defendant and other interested persons shall have the right to apply to participate in the litigation and they may also authorize an agent ad litem for the litigation to participate in the litigation.
A People's Court shall examine the application of confiscating the illegal proceeds after the expiry of the period of the announcement. Where an interested person participates in the litigation, the People's Court shall examine the case in a court session.
Article 282 After examination, with regard to those proved to be the illegal proceeds and other property involved in the case, they shall be ordered to be confiscated, except the property to be returned to the victim in accordance with law; with regard to property proved not to be property that should be confiscated, it shall reject the application and lift the measures of seal up, seizure and freezing.
With regard to the order made by the People's Court in accordance with the provisions of the preceding paragraph, the close relative of the criminal suspect or defendant and other interested persons or the People's Procuratorate may appeal or protest. Article 283 If the criminal suspect or defendant voluntarily surrenders himself or is caught during the process of examination, a People's Court shall terminate the examination.
If the confiscation of the property of the criminal suspect or defendant is found to be wrong, the property shall be returned and compensation shall be made.
Chapter IV Compulsory Medical Treatment Procedure for a Mental Patient Bearing No Criminal Responsibility in Accordance with Law

Article 284 Where a mental patient, who has carried out violent acts, harmed public security and seriously harmed a citizen's personal safety, and the verification through legal procedure shows that he should not bear criminal responsibility according to law, may continue to cause harm to society, he may be subjected to compulsory medical treatment.
Article 285 Where a mental patient should be subjected to compulsory medical treatment according to the provisions of this Chapter, the decision shall be made by a People's Court.
Where a public security organ finds that a mental patient meets the condition for compulsory medical treatment, it shall draft a written opinion for compulsory medical treatment and transfer him to a People's Procuratorate. With regard to a mental patient transferred from a public security organ or a mental patient discovered in the examination process for prosecution who meets the condition for compulsory medical treatment, a People's Procuratorate shall make an application of compulsory medical treatment to a People's Court. Where a People's Court, in the process of examining a case, finds that the defendant meets the condition for compulsory medical treatment, it may implement compulsory medical treatment.
With regard to a mental patient who has carried out violent acts, a public security organ may take temporary protective restricting measures before a People's Court decides on implementing compulsory medical treatment. Article 286 After a People's Court accepts an application for compulsory medical treatment, it shall form a collegiate panel to examine the same.
Where a People's Court tries a case involving compulsory medical treatment, it shall notify the legal representative of the person against whom the application was made or the defendant to appear at the court. Where the person against whom the application was made or the defendant has not authorized a legal representative for the litigation, the People's Court shall notify a legal assistance institution to appoint a lawyer to provide legal aide.
Article 287 Where a People's Court, after examination, finds that the person against whom the application was made or the defendant meets the condition for compulsory medical treatment, it shall, within one month, make the decision of implementing compulsory medical treatment.
Where the person who is subjected to compulsory medical treatment, victim, legal representative or close relative is not satisfied with the decision of compulsory medical treatment may apply for a review to a People's Court of a higher level. Article 288 An institution implementing compulsory medical treatment shall diagnose and assess the person subjected to compulsory medical treatment regularly. With regard to a person who no longer poses danger to people and does not need to continue to be subjected to compulsory medical treatment, it shall promptly put forward the opinion of lifting the measure and submit it to the People's Court which has decided on implementing compulsory medical treatment for approval.
A person subjected to compulsory medical treatment and his close relative shall have the right to apply for the lifting of compulsory medical treatment.
Article 289 The People's Procuratorate shall supervise the decision and implementation of compulsory medical treatment. Supplementary Provisions

Article 290 The security departments of the Army shall exercise the power of investigation with respect to criminal offences that have occurred in the Army.
Crimes committed by criminals in prison shall be investigated by the prison.
The handling of criminal cases by the security departments of the Army and by prisons shall be governed by the relevant provisions of this law.



 

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