The Supreme People’s Court’s Interpretation on the application of the PRC Criminal Procedure Law

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 [Issuing Department] Supreme People's Court
Reference number:  法释[2012]21号
 【Date of Issue】 2012.12.20
 【Effective Date】 2013.01.01
 [Efficacy Status] 现行有效
【效力级别】 Judicial Interpretation
 【法规类别】 刑诉综合规定与解释

Announcement of the Supreme People's Court

The Supreme People's Court Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China was adopted by the 1559th meeting of the Adjudication Committee of the Supreme People's Court on November 5, 2012, is hereby announce and shall come into force on January 1, 2013.
Supreme People's Court

December 20, 2012

This word cloud represents the frequency with which the words appear in the translation
This word cloud represents the frequency with which the words appear in the translation

Chinese Title: 最高人民法院关于适用《中华人民共和国刑事诉讼法》的解释
(Legal Interpretation [2012] No. 21)

Table of Contents

Chapter I: Jurisdiction

Chapter II: Recusal

Chapter III: Defense and Representation

Chapter IV: Evidence

Section 1: Ordinary Provisions

Section 2: Review and Verification of Physical and Documentary Evidence

Section 3: Review and Verification of Witness Testimony and Victim Statements

Section 4: Review and Verification of Defendant Confessions and Justifications

Section 5: Review and Verification of Evaluation Opinions

Section 6: Review and Verification of Records Such as of Inquests, Inspections, Identifications and Investigative Experiments

Section 7: Review and Verification of Audio-Visual and Electronic Data

Section 8: Exclusion of Illegal Evidence

Section 9: The Comprehensive Review and Use of Evidence

Chapter V: Compulsory Measures

Chapter VI: Attached Civil Suits

Chapter VII: Timing, Delivery and Trial Time Limits

Chapter VIII: Trial Organizations

Chapter IX: General Procedures for First-Instance Trial of Public Prosecutions

Section 1: Review, Acceptance, and Pre-trial Preparation

Section 2: Announcing Court Sessions and Courtroom Investigations

Section 3: Courtroom Debate and Final Statements

Section 4: Case Deliberation and Announcing a Verdict

Section 5: Courtroom Order and Other Provisions

Chapter X: First Instance Procedures for Private Prosecutions

Chapter XI: Trying Cases of Crimes by Work-Units

Chapter XII: Simplified Procedures

Chapter XIII: Procedures for Second-Instance Trials

Chapter XIV: Approval of Punishments below the Statutory Penalty and Special Parole

Chapter XV: Review Procedures for Death Penalty Cases

Chapter XVI Sealing, Seizing and Freezing of Assests and Its Handling

Chapter XVII Procedures for Trial Supervision

Chapter XVIII Trial and Judicial Assistance in Criminal Cases Involving Foreign Persons or Interests

Chapter XIX Enforcement Procedures

Section 1: Enforcement of the Death Penalty

Section 2: Delivery for Enforcement of Suspended Death Sentences, Life Sentences, Fixed Term Prison Sentences, and Short-Term Detention

Section 3: Delivery for Enforcement of Controlled release, Suspended Sentences and Deprivation of Political Rights

Section 4: Enforcement of Financial Punishments and the Judgments in Attached Civil Lawsuits

Section 5: Trial of Commutation or Parole Cases

Section 6: Revocation of Suspended Sentences or Parole

Chapter XX Procedures for Juvenile Criminal Cases

Section 1: Ordinary Provisions

Section 2: Preparation for Court Proceedings

Section 3: Trial

Section 4: Enforcement

Chapter XXI: Procedures for Public Prosecutions Where the Parties Have Reached Settlement

Chapter XXII: Procedures for Confiscation of Illegal Gains in Cases Where a Criminal Suspect or Defendant Escapes or Dies

Chapter XXIII: Procedures Regarding Compulsory Treatment for Mentally Ill Persons Not Bearing Criminal Responsibility Under Law.

Chapter XXIV: Supplementary Provisions

On March 14, 2012, the fifth session of the 11th NPC adopted the "Decison Regarding the Revision of the Criminal Procedure Law of the People's Republic of China". This interpretation is formulated for the correct understanding and application of the revised criminal procedure law and the incorporation of the actual conditions of adjudication in the people's courts.
Chapter I: Jurisdiction
Article 1: Private prosecutions directly accepted by the people's courts include:

(1) Cases handled only after a complaint :

a. Insult or Defamation Cases (Article 246 of the Criminal Law, but excluding those that seriously endanger social order or national interests);

b. Cases of violent interference with the freedom of marriage (Paragraph 1 of Criminal Law Article 57);

c. Abuse Cases (Paragraph 1 of Criminal Law Article 260);

d. Cases of Appropriation (Article 270 of the Criminal Law).

(2) Cases where the people's procuratorate has not submitted an indictment, but the victim has evidence proving a minor criminal matter :

a. Intentional Harm Cases ( Paragraph 1 of Criminal Law Article 234)

b. Cases of illegally entering a residence(Article 245 of the Criminal Law);

c. Violations of freedom of communication (Article 252);

d. Cases of bigamy (Article 258 of the Criminal Law);

e. Abandonment Cases (Criminal Law Article 261)

f. Production or sale of shoddy goods cases (Criminal Law chapter 3, section 1 of the specific provisions, but excluding cases seriously harming the social order or the interests of the State);

g. Infringement of intellectual property rights (Criminal Law Chapter 3 Section 7, but excluding cases seriously endangering social order or national interests);

h. Cases in which the defendant might be sentenced to a term of 3 years or less as provided in Chapters 4,5 of the Specific Provisions of the Criminal Law

For cases under this provision, if the victim directly files suit to a people's court, the people's court shall accept it in accordance with law. If the evidence is insufficient, public security authorities may accept it, or if it is found that the defendant may be sentenced to a penalty of three years or more imprisonment, the victim shall be inform to report the case to the public security organs, or the case shall be transferred to the public security organs to be filed and investigated.

(3) Cases where the victim has evidence proving that the defendant acted to violate his rights in person or property and should be pursued for criminal responsibility, and also evidence that he has previously made the accusation, but that the public security organs or People's Procuratorate have not looked into the defendant's criminal responsibility.

Article 2: The site of the crime includes the place where the criminal conduct occurred and the place where consequences of the crime occur.

For crimes directed at, or utilizing, computer networks, the site of the crime includes the place where the criminal conduct occurred, the site of the website server, the network access point, the location of the site's developer and manager, the location of the violated computer information system and its manager, the location of the computer information systems used by the defendant and victim and the place where the victim suffered a property loss.

Article 3: The defendant's [hukou] registered domicile is his residence. If his habitual residence is not the same as his registered domicile, the habitual residence is his residence. A habitual residence is a place where the defendant lived continuously for a year or more before being charged, but does not include hospitals.

The place where a defendant workplace is registered is its place of residence. Where the principle place of business or primary offices differ from the place of registration, the principle place of business or main offices are its residence.

Article 4: Crimes committed on Chinese ships outside of Chinese territory, the people's court at the first Chinese port where that ship berths has jurisdiction.

Article 5: For crimes committed aboard aircraft outside the territory of the PRC, the people's court at the first place where the aircraft lands has jurisdiction.

Article 6: For crimes on international trains, jurisdiction will be determined according to agreements signed with relevant nations; where there is no agreement, the Railway Transport Court at the site of the first Chinese train station where the train stops, or at the train's destination, has jurisdiction.

Article 7: Where Chinese citizens commit crimes in a Chinese embassy or consulate abroad, the people's court at the location of the competent unit or of their original registered residence has jurisdiction.

Article 8: When Chinese citizens commit a crime outside the territory of the PRC, the people's court at their place of entry or residence prior to departure has jurisdiction; if the victim is a Chinese citizen, the people's court at the location of victim's residence prior to departure can also have jurisdiction.

Article 9: If a foreigner commits a crime against the PRC or its citizens outside its territory, and should be punished under the "Criminal Law of the PRC", the people's court at the site where that foreigner enters China, resides after entering, or the victim's place of residence prior to departing China have jurisdiction.

Article 10: For crimes provided for in International treaties which China has concluded or is a participant in, the PRC will exercise criminal jurisdiction within the scope of its obligations under the treaty, with the people's court at the location where the defendant was seized having jurisdiction.

Article 11: For crimes by convicts currently serving a sentence that were committed before his sentence was pronounced and have not yet received a judgment, the people's court of the original trial has jurisdiction.

For convicts who commit another crime while serving their sentences, the people's court where the sentence is being served has jurisdiction.

For convicts who commit a crime while escaped, the people's court where they are serving their sentence has jurisdiction. However, if they are captured at the site of the crime and it is discovered that he has committed a crime while escaped, the people's court at the scene of the crime has jurisdiction.

Article 12: For cases that a peoples procuratorate feels might result in a sentence of life imprisonment or death and indict in the intermediate people's court, where the intermediate court, after accepting the case, feels it is not necessary to hand down a sentence of life imprisonment or death, it will not give the case to a basic level people's court for judgment, but shall judge the case in accordance with law.

Article 13: For multiple crimes by a single person, joint crimes or other cases that need to be joined for trial, if one person or crime belongs to the jurisdiction of the higher level court, the higher level court has jurisdiction of the entire case.

Article 14: Higher people's courts deciding to try a first-instance case within the jurisdiction of a lower people's court, should send down a written decision to change jurisdiction to the court below, and notify the procuratorate at the same level in writing.

Article 15: Basic level people's courts shall transfer first-instance criminal cases that might result in a life sentence or death sentence to the Intermediate people's court for judgment.

Basic level people's courts may request a transfer of the following types of first-instance criminal cases to an intermediate people's Court for judgment:

(1) Major or complicated cases

(2) a new type of difficult case;

(3) cases with broad significance to the application of law.

Those needing to transfer a case to an intermediate people's court for judgment shall, after submitting a report to the court president for decision, request a transfer in writing no later than 15 days before the completion of the trial period. The intermediate court shall make a decision within 10 days of receiving the application. If not agreeing to the transfer, it shall send down a non-consent to transfer certificate, and the people's court requesting the transfer will hear the case in accordance with law; if agreeing to the transfer, it shall send down a consent to transfer decision certificate and send a written notice to the people's procuratorate at the same level.

Article 16: When a people's court finds it would be inappropriate to exercise its jurisdiction over a case because it involves that court's president needing to recuse himself or other reason, it may request a transfer tof jurisdiction to the court at the level above. The court at the level above may take jurisdiction, but may also designate another people's court at the level of the people's court making the request, to take jurisdiction.

Article 17: In cases where two or more people's courts at the same level have jurisdiction, trial is in the first people's court to accept it. When necessary, it may be transferred for trial at the people's court at the principal site of the crime.

If there is controversy over jurisdiction, it should be resolved through consultation during the trial period; if consultation does not succeed, the people's courts involved in the controversy should separately report up to the common people's court at the level above for an assignation of jurisdiction.

Article 18: When necessary, a people's court at a level above may assign a lower level court to send cases in its jurisdiction to another lower level court for judgment.

Article 19: When the people's court at the level above assigns jurisdiction, it shall send down an assignment of jurisdiction decision certificate to the people's court being assigned jurisdiction and to other relevant people's courts.

Article 20: Where the people's court that originally accepted a case receives a change of venue decision from the people's court at the level above and consents to the transfer or assignation of jurisdiction to the other people's court, it shall then notify the people's procuratorate of the same level in writing and return the case file materials, and at the same time notify the parties in writing if the case is a public prosecution ; for private prosecutions, it shall send the case file materials to the people's court being assigned jurisdiction and notify the parties in writing.

Article 21: When a second-instance people's court returns a case for de novo retrial, and the people's procuratorate withdraws the indictment and initiates a new prosecution in a court below the original first-instance trial court, the lower level people's court shall then report this circumstance up to the people's court of the original second-instance trial. The original second-instance trial court may, according to specific case conditions, decide to transfer the case to the original first-instance case or another area's people's court for judgment.

Article 22: Follow the relevant provisions in determining jurisdiction for criminal cases where the army and a region are mutually involved.
Chapter II: Recusal
Article 23: Under any one of the following circumstances, the judge must voluntarily recuse himself. Parties and their legally-designated representatives have the right to request he recuse himself:

(1) Is a party to the case or a paty's close relative.

(2) has, or close family members have, an interest in the case;

(3) served as a witness , evaluator, defender, agent ad litem, or translator in this case;

(4) is a close relative of the advocate, litigation agent in the case;

(5) Has other interests in a party that might influence the fairness of trial.

Article 24: In any of the following situations, where adjudicators violate regulations, the parties and their legally-designated representatives have the right to request recusal.

(1) violation of regulations in meeting a party to the case, advocate or litigation agent;

(2) Recommended or introduced an advocate or litigation agent on behalf of a party to the case, or introduced those handling the case on to the benefit of a lawyer or other personnel.

(3) Solicited or accepted a party to the case or their client's property or other benefits;

(4) Accepted a party to the case's or their client's hospitality or participated in a sponsored activity;

(5) Took loans from the case parties or their clients;

(6) there was other misconduct that may affect trial fairness.

Article 25: Investigation or procuratorate personnel who participated in the case's investigation or review for prosecution, that have been transferred to work in the people's courts, must not serve as an an adjudicator in the case.

Persons who participated in trial as a member of a collegial panel or independent adjudicator, must not participate in other trial procedures for that case. However, after a case that has been returned for retrial de novo has a verdict declared in the first-instance court, and begins the second-instance procedures or death penalty review procedures again, collegial panel members who participated in the original second-instance procedure or death penalty review are not restricted by this provision.

Article 26: People's courts shall advise the parties and their legal agents that they have the right to request a recusal, and inform them of the names of collegial panel members, independently-serving adjudicators, court clerks and other personnel.

Article 27: When adjudicators voluntarily request to recuse themselves or a party and its legal agent request an adjudicator recuse himself, it may be raised orally or in writing and the reason explained, and the court president will decide.

If the court president voluntarily requests to recuse himself, or a party and its legal agents request the court president recuse himself, the adjudication committee will discuss it and reach a decision. When the adjudication committee discusses it, the deputy court president will moderate and the court president must not participate.

Article 28: When parties and their legal agents apply for recusal in accordance with Article 29 of the Criminal Procedure Law and Article 24 of this interpretation, they shall provide supporting evidentiary materials.

Article 29: When an adjudicator that should be recused does not voluntary apply for recusal and the parties and their legal agents did not request recusal, the court president or the adjudicatory committee shall decide to recuse him.

Article 30: Where parties or their legal agents submit a recusal request, the people's courts may issue a decision orally or in writing, and inform the applicant of their decision.

The people's courts may respond to parties and their legal agent's applications for recusal either orally or in writing, and shall inform the applicant. When parties or their legal agent's applications for recusal are rejected, they may apply for review, one time, upon receipt of the decision.

Article 31:When parties or their legal agents request that a procurator appearing in court be recused, the people's court shall adjourn court and notify the people's procuratorate.

Article 32: Adjudicatory personnel as used in this chapter includes presidents of people's courts, deputy presidents, members of the adjudication committee, division heads, deputy division heads, adjudicators and people's assessors.

Article 33: The recusal provisions for adjudicatory personnel apply to clerks, translators and assessors, and questions of their recusal will be decided by the court president.

Article 34: This chapters provisions on requesting recusal or applying for review may be followed for defenders or litigation agents.
Chapter III: Defense and Representation
Article 35: People's courts trying cases shall fully ensure the defendant's lawful right to a defense.

In addition to carrying out his right to a defend himself, defendant's may also entrust a defender to defend them. The following people must not serve as defenders:

(1) Persons currently serving a criminal sentence or completing a suspended sentence or parole probationary period.

(2) Persons whose physical liberty has been deprived or limited.

(3) Incompetent persons or persons with limited civil competence.

(4) current employees of the people's courts, people's procuratorates, public security organs, state security organs, or prisons;

(5) people's assessors;

(6) Persons with an interest in the outcome of the case;

(7) foreigners or other persons without a nationality.

If they are the defendant's guardian or close relative and the defendant entrusts them to be his defender, persons in item 4 through item 7 of the above section may be so permitted.

Article 36:Adjudicators and other personnel of the people's courts, after leaving their position with the court, must not serve as the defender in a case before the court where they served, except where they are performing a defense for their ward or close relative.

Adjudicators and other personnel of the people's courts, after leaving their position with the court, must not serve as the defender in a case before the court where they served, except where they are performing a defense for their ward or close relative.

Spouses, children and parents of adjudicatory and other personnel of the people's courts, must not serve as defenders in a case before that court, with the exception of where they are performing the defense of their ward or close relative.

Article 37: Where lawyers, civic organizations, persons recommended by the defendant's workplace, or the defendant's guardian, relatives or friends are retained as a defender, the people's court shall verify the their proof of identity and letter of authorization.

Article 38: A defendant may retain 1 or 2 persons as his defender.

A defender must not defend two or more defendants in the same case, or in cases being handled separately but where there is a connection between the crimes.

Article 39:Where the defendant has not retained a lawyer, the people's court shall inform him of his right to retain a lawyer within 3 days of accepting the case; if the defendant has not retained a lawyer because of financial difficulties or other reasons, he shall be informed that he may apply for legal aid; and it defendants are among those that shall be provided legal aid, they shall be informed that a legal aid organization will be notified to appoint him a lawyer to provide a defense.

This may be done orally or in writing.

Article 40:During trial, if a detained suspect requests to retain a lawyer, the people's court should pass the request to his guardian, close relatives or other designated person, within 3 days. The defendant should provide the relevant persons' contact information. If there is no way to inform the relevant persons, the defendant shall be informed.

Article 41:If a people's court receives an application for legal aid from a detained defendant, it shall deliver it to the local legal aid organization within 24 hours.

Article 42:For the following types of defendant who have not retained a lawyer, the people's court shall notify a legal aid organization to appoint a lawyer to provide them a defense:

(1) Blind, deaf, or mute persons;

(2) Mentally ill persons that have not entirely lost their ability to recognize or control their conduct;

(3) Persons who may be sentenced to life imprisonment or death.

When the SPC performs final review of a death penalty case and the defendant has not retained a defender, the legal aid organization shall be notified to appoint a lawyer to provide him a defense.

Article 43:In any of the following situations, if the defendant has not retained a defender, the people's court may inform a legal aid organization to appoint a lawyer to provide him a defense:

(1) In a case of a joint crime, other defendants have already retained defenders;

(2) Cases that have major social impact;

(3) Cases in which the people's procuratorate is counter-appealing ;

(4) The defendant's conduct might not constitute a crime;

(5) Other situations in which it is necessary to appoint a lawyer to provide a defense.

Article 44:Where the people's court has informed a legal aid organization to appoint a lawyer to provide a defense, it shall deliver the legal aid notice and a copy of the indictment or judgment to the legal aid organization; where it is decided to have in-court proceedings, except for trials applying the simplified procedures, the materials above should be delivered to the legal aid organization 15 days before the proceedings.

The legal aid notification shall have clearly written the reason for the case, the name of the defendant, the reason for providing legal aid, and the adjudicators names and contact information; if it has already been decided to hold in-court proceedings, the time and place shall be clearly written.

Article 45:If the defendant refuses the lawyer appointed to provide his defense by the legal aid organization and insists on wanting to carry out his own defense, the people's court shall approve it.

Where defendants are of the type that shall be provided legal aid, but refuse the lawyer appointed to provide them a defense, the people's court shall clarify the reasons. If the reasons is legitimate, the court shall allow it, but the defendant should retain another defender; where the defendant has not retained another defender, the people's court shall, within 3 days, send a written notice to the legal aid organization to appoint another lawyer to provide him a defense.

Article 46:If during the trial period a defender agrees to represent the defendant, he shall send the representation formalities to the people's court within 3 days of accepting the representation.

Where legal aid organizations decide to appoint a lawyer for the defendant's defense, the lawyer shall accept the case within three days of being appointed and give the legal aid formalities to the people's court.

Article 47:Defense lawyers may read, copy and reproduce case file materials. Other defenders, upon the people's court's permission, may also read, copy and reproduce case file materials Records of the collegial panel or adjudicatory committee's discussions and other materials that are lawfully not disclosed must not be read, copied or reproduced.

When defenders read, copy or reproduce case file materials, the people's court shall accommodate and guarantee the time needed.

Reproduction of case file materials may be by photocopy, photograph, scanning or other such methods.

Article 48:Defense lawyers may meet and communicate with defendants who are detained or under residential surveillance. Other defenders, with the people's court's permission, may also meet and communicate with defendants who are detained or under residential surveillance.

Article 49: Where defenders feel that during the investigation or review for indictment the public security organ or people's procuratorate gathered evidence proving that a defendant is not guilty or that the crime was minor but have not transferred those materials, and they apply to the people's court to collect the evidence, they shall do so in writing and provide relevant leads or other materials. After receiving an application, the people's courts shall collect the evidence from the people's procuratorate. After the people's procuratorate provides relevant evidentiary materials, the people's court shall promptly notify the defender.

Article 50:When a defense lawyer applies to gather relevant evidence from the victim, his family or the victim's witnesses, and the people's court thinks it's necessary, it shall sign a certificate of permission to investigate.

Article 51:When defense lawyers collect evidence from witnesses or relevant workplaces and individuals, and, because the witness, workplace or individual do not consent, applies to the people's court to gather and collect the evidence, or applies for a notification to a witness to appear in court to testify, and the people's court feels it is necessary, it shall consent.

Article 52:People's courts shall consent qhere defense lawyers apply directly to the people's court to gather or collect evidence from a witness, workplace or individual, and the people's court thinks it is truly necessary to gather or collect it, and further, that it is inappropriate or impossible for the defense lawyer to gather to collect it. When the people's court gathers or collect evidentiary materials, the defense lawyer may be present.

Documentary evidentiary materials gathered or collected from workplaces by the people's courts must have the signature of the person provideing them and also the seal of the workplace; documentary evidentiary materials gathered or collected from individuals must have the signature of the person providing them.

People's courts shall issue a receipt to workplaces or individuals providing evidentiary materials and clearly write information such as the name of the evidentiary materials, the time they were received, the number of items, number of pages and whether or not they were originals.

After collecting or gathering evidence, the defense lawyer shall be promptly notified to read, copy and photocopy it, and the people's procuratorate shall be informed

Article 53:Applications provided for in articles 50 through 52 of this interpretation shall be submitted in written format, with the content of the evidence that needs to be gathered clearly written or an outline of the issues to be investigated.

The people's courts shall issue a decision on whether or not to approve and consent to a defense lawyer's application within 5 days of receiving the application, and inform the applicant, where it is decided not to approve and consent, the reason shall be explained.

Article 54:Within three days of accepting a private prosecution case, people's courts shall notify private prosecutors and their legally-designated representatives and parties to attached civil suits and their legally-designated representatives that they have the right to retain an agent ad litem and inform that if they have economic hardship they may apply for legal aid.

Article 55:Where parties retain agents ad litem, relevant provisions of article 32 of the Criminal Procedure Law and its interpretation are applied by reference.

Article 56:Agents ad litem have the right to protect the victim, private prosecutor or party to an attached civil suit's procedural rights and other legal rights and interests in accordance with the facts and law.

Article 57:With the permission of the people's court, agents ad litem may read, copy and photocopy the case file materials.

Where lawyers serving as agents ad litem need to gather or collect evidence related to the case, the provisions of articles 51 through 53 of this interpretation are applied by reference.

Article 58:After agents ad litem accept the representation of a party or the appointment of a legal aid organization, the representation formalities or legal aid formalities shall be given to the people's court within 3 days.

Article 59:Where defenders and agents ad litem photocopy case file materials, the people's courts shall only take the costs of production; legal aid lawyers photocopying case file materials shall be exempt from fees or pay a reduced fee.

Article 60:Where defense lawyers inform people's courts their client or another person is preparing or in the process of committing a crime that endangers national security, public safety or seriously endangers the physical safety of others, the people's court shall make a record in the case and immediately inform the competent authority to handle it in accordance with law and maintain the defense lawyer's confidentiality.
Chapter IV: Evidence
Section 1: Ordinary Provisions
Article 61:Verifying of case facts must have an evidentiary basis.

Article 62:Adjudicators shall follow statutory procedures in collections, review, verification and affirmation of evidence.

Article 63:Evidence that has not been verified as true through courtroom investigation procedures such as in-court presentation, identification, and verification, must not be the basis of the decision, except as otherwise provided by law or this interpretation.

Article 64:Case facts that must be proven by evidence include:

(1) The identities of the defendant and the victim ;

(2) Whether or not the alleged crime occurred ;

(3) Whether or not the defendant carried out the alleged crime ;

(4) Whether or not the defendant has the capacity to bear criminal responsibility, any fault, or motive or purpose to commit the crime ;

(5) the time, place, method and consequences of the crime as well the reasons for the crime and other information ;

(6) The status and role of the defendant in a joint criminal offense ;

(7) Whether or not the defendant has any aggravating or mitigating circumstances or circumstances calling for commutation or excuse from punishment.

(8) Facts relating to an attached civil suit or the disposition of property related to the case ;

(8) Procedural facts related to jurisdiction, recusal, extension of trial, etc.

(10) Other facts related to guilt or sentencing.

Affirmation of the guilt and serious punishment of the defendant shall apply the credible and sufficient evidentiary standard.

Article 65: Physical, Documentary, Audio-Visual and Electronic Data evidence gathered by administrative organs in the course of performing administrative law enforcement and investigation may be used as evidence in criminal cases; and it may serve as the basis of the verdict and sentence upon the court's review for accuracy and whether the evidence gathering process was done in accordance with law and administrative regulations.

Evidence gathered by organizations exercising state executive power on the basis of laws or administrative regulations in the course of administrative law enforcement or case investigation shall be viewed as evidence gathered by an administrative organ.

Article 66:People's courts investigating and verifying evidence in accordance with the provisions of article 111 of the Criminal Procedure Law may notify procurators, defenders, private prosecutors and their legally-designated representatives to appear. When the persons described above appear, a record shall be made in the case.

When the people's court is investigating and verifying evidence and discovers new evidence that has a major impact on the verdict or sentencing, it shall notify procuratorate personnel, the defender and the private prosecutor and his legally-designated representative. When necessary, it may also be directly extracted, and the procruators, defender, private prosecutor and his legally-designated representative promptly notified to read, copy, and photocopy it.

Article 67:The following persons must not serve as witnesses in criminal prosecution activities:

(1) Persons lacking the capacity to distinguish true and fals as a result of physiological or psychological deficits or youth, or cannot express themselves accurately;

(2) Persons with an interest in the case that might influence the fair disposition of the case;

(3) persons such as employees of public security or judicial organs who implemented inquests, inspections, searches, seizures or other criminal procedure powers.

Where for objective reasons there is no way to have personnel meeting the requirements serve as witnesses, the situation shall be noted in the record and a record made of relevant activities.

Article 68:When openly hearing a case, if public prosecutors or litigation participants submit evidence that it touches on state secrets, commercial secrets or private personal information, the court shall be stopped. Where the evidence in question is truly relevant to the case, it may be decided to change the case into one not openly tried, on the basis of the specific case situation, or to close the courtroom review of the review of the evidence in question.
Section 2: Review and Verification of Physical and Documentary Evidence


Article 69:The review of the following content shall be emphasized for physical and documentary evidence:

(1) Whether the physicial or documentary is an original; whether it has been identified or evaluated; whether photos, recordings or reproductions of physical evidence, or copies or photocopies of documentary evidence, conform to the original; whether they were formulated by two or more people, and whether or not the persons formulating them have signed written explanations of their formulation and storage.

(2) Whether or not the process and methods of gathering physical and documentary evidence met the requirements of law and relevant regulations; whether physical or documentary evidence that was gathered or seized through inquest, inspection or searcheshas relevant records and catalogs attached, and whether these notes and catalogs have been signed by the investigators, the person who had possession of the items or witnesses, If there is no signature of the person possessing the item, there should be an annotation of the reason; the names of items, their characteristics, number, quality and other information shall be clearly indicated;

(3) Whether the material or documentary evidence was damaged or altered in the course of gathering, storage or evaluation.

(4) whether the physical or documentary evidence is relevant to the case; whether a DNA evaluation has been done to any blood traces, body fluids, hairs, fingerprints, or other physicological evidence, marks or items found at the scene that are relevant to case and suitable for evaluation, and whether they have been compared to coresponding samples from the defendant and the victim.

(5) Whether all material and documentary evidence relevant to the facts of the case has been gathered.

Article 70:Material evidence on which the verdict is based shall be original items. Where the original item is not convenient to transport or is difficult to store, the relevant department shall store , handle or return it in accordance with law and may take photos,videos or reproductions that sufficiently reflect the appearance and characteristics of the original.

Photos recording or reproductions of physical evidence that cannot reflect the appearance and characteristics of the original must not be the basis of the verdict.

Photographs, videos and reproductions of physical evidence that have been verified as faithful to the original, evaluated as being authentic or verified by other means, may be the basis of a verdict.

Article 71:Documentary evidence on which the verdict is based shall be original copies. Where it is truly difficult to obtain the orignal copy, a duplicate or reproduction may be used.

Where there are changes to documentary evidence, or indications of changes, for which not reasonable explanation is made, or a duplicate or reproduction of a piece of documentary evidence cannot reflect the original and its contents, it must not be the basis of the case verdict.

Duplicates and reproductions of documentary evidence that have been verified as faithful to the original, have been evaluated as accurate or verified by other means, may be used as the basis of the verdict.

Article 72:Blood traces, body fluids, hair , human tissue, finger prints, foot prints, writing samples and other physiological samples, traces and items relevant to the case, shall be collected and if not collected shall be tested, and if not tested so as to call the facts of the case into doubt, the people's court shall explain the situation to the people's procuratorate, and the people's procuratorate shall gather and collect supplemental evidence or make a reasonable explanation.

Article 73:Physical or documentary evidence collected or seized in the course of an inquest, inspection or search that does not have a record or catalog attached and the source of which cannot be proven, must not serve as the basis of a verdict.

Where the process or methods of collecting physical or documentary evidence has the following flaws, it may be accepted after being supplemented or a reasonable explanation being made:

(1) Where the investigators, owners of an object or witnesses have not signed the record of an examination, inspection, search or collection , ot the list of items seized; or where the name, characteristics, quantity and quality other features have not been clearly written;

(2) photos, videos or reproductions of physical evidence and copies or reproductions of documentary evidence that photos, video, copies of documentary evidence have not clearly marked as having been verified as accurate against the original, lack the time of reproduction, or have not been signed by the person who gathered them and have a seal affixed;

(3) Photos, videos or reproductions of physical evidence and copies or reproductions of documentary evidence, that lack a signed explanation by the person making the reproduction regarding the process of creating the reproduction from the original, the location of the original.

(4) There are other defects.

Where the source of physical evidence, and the process by which it was gathered, are in doubt, and no reasonable explanation can be made, that physical or documentary evidence must not be the basis of the verdict.
Section III: Review and Verification of Witness Testimony and Victim Statements


Article 74:The following contents shall be emphasized when reviewing witness testimony:

(1) Whether or not the content of the testimony was the witness's direct perception;

(2) The age, cognition, memory and expressive ability of the witness when giving testimony, and whether or not their physiological or psychological state influenced their testimony;

(3) Whether or not the witness has an interest in the parties or the results of the case handling;

(4) Whether questioning of the witness was individually performed;

(5) Whether the drafting and revising of the questioning record was done according to law and relevant regulations, whether the time the questioning began and ended and its location are indicated , and whether or not the witness was informed at the first questioning of his rights and duties in testifying and legal responsibility, whether or not the witness has reviewed and verified the record.

(6) Whether or not a juvenile witness's legally-designated representative or other relevant persons were notified to appear when the witness was questioned, and whether the legally-designated representative or other relevant person did appear;

(7) whether or not there are any circumstances of violence, threats or other illegal evidence gathering;

(8) Whether or not the testimony is mutually corroborative with other evidence, or there are any contradictions.

Article 75:Testimony from witnesses who were clearly drunk or intoxicated and unable to perceive normally, or accurately express themselves, must not be used as evidence.

Witness testimony the is speculation, commentary or inference must not be used as evidence, with the exception of that which may be evaluated as true on the basis of normal life experience.

Article 76:Witness testimony having any of the following characteristics must not be the basis of the case decision:

(1) Questioning of the witness was not done individually;

(2) Written testimony has not been review and verified by witness ;

(3) questioning a deaf or mute person for whom an interpreter should be provided without providing an interpreter.

(4) Questioning a witness who does not understand the local language or writing system, who should be provided a translator, but none was provided.

Article 77:Where the procedures or methods for gathering witness evidence has the following defects, it may be admitted upon supplementation or the issuance of a reasonable explanation; if it cannot be supplemented or a reasonable explanation cannot be made, it must not be the basis of a case verdict:

(1) The names of the questioner, record keeper, and legally-designated representative are not written in the questioning records, nor are the times at which questioning began and ended;

(2) The location of the questioning did not comply with regulations;

(3) There is no record in the notes of the witness being informed of the rights, duties and legal responsibility associated with testifying;

(4) The questioning record reflects that during the same period the same questioner questioned different witnesses.

Article 78:Testimony given by the witness in court, after having been verified by the defense and prosecution and verified as true in court, shall be used as evidence for the verdict.

Where a witness's testimony in court contradicts his prior testimony, and the witness is sufficiently able to give a reasonable explanation and has relevant corroborating evidence, his courtroom testimony shall be adopted; if he cannot make a reasonable explanation and there is evidence corroborating his prior testimony, the prior testimony may be adopted.

If upon notice from the people's court a witness refuses to appear in court to testify without a legitimate reason, or refuses to testify when appearing, so that the court is unable to verify the accuracy of his testimony, then that witness's testimony must not be the basis of the case verdict.

Article 79:The relevant provisions of this section may apply by reference to the review and verification of witness statements.
Section IV: Review and Verification of Defendant Confessions and Justifications
Article 80:The following content shall be emphasized in the review of defendants' confessions and justifications:

(1) Whether factors such as the time and place of the interrogation, the identities and number of interrogators and the interrogation methods were in compliance with laws and regulations;

(2) Whether the drafting and editing of the interrogation record complied with laws and relevant regulations; whether the specific location and times at which the interrogation began and ended are noted in the interrogation record, whether the defendant was informed of his relevant rights and legal provisions at the first interrogation, whether it has been reviewed and verified by the defendant;

(3) Whether or not a juvenile defendant's legally-designated representative or other relevant personnel were notified to appear at his interrogation, and whether or not the legally-designated representative or other relevant persons appeared;

(4) Whether there are any circumstances of torture to extract confessions or other illegal evidence gathering regarding the defendant's confession;

(5) Whether the defendants confessions are coherent, and whether there is any reason for repetition or the appearance of repetition, whether the defendant's confessions and justifications are all sent along with the case;

(6) Whether the content of the defendant's explanations conforms to the case situation and common sense, and whether it has any contradictions;

(7) Whether a defendants' confessions and explanations are mutually corroborative or have contradictions with the confessions and explanations of other suspects in the same case as well as other evidence.

When necessary, the audio or video recordings of the interrogation, and the notes and records from the defendant's physical examination performed upon entering and exiting the lockup process may retrieved and the content of these recordings, notes and records compared against the content described above.

Article 81:Where the defendant's confession has any of the following circumstances, it must not be the basis of a case verdict:

(1) The interrogation record has not been reviewed and verified by the defendant;

(2) A sign-language interpreter was not provided as required when interrogating a deaf/mute person;

(3) A translator was not provided as required for when interrogating a defendant who did not understand the local language or writing.

Article 82:Interrogation records with the following flaws may be adopted upon being supplemented or a reasonable explanation being put forth, if it cannot be supplemented or a reasonable explanation cannot be made, it must not be the basis of a verdict:

(1) There is a mistake or contradiction in the interrogation records such as in writing the interrogation time, interrogators, record keeper or legally-designated representative;

(2) The interrogator has not signed;

(3) There is no record of the defendant being informed of his relevant rights and legal provisions in the first interrogation record.

Article 83:All evidence submitted by both the prosecution and defense, and all statements and explanations made by the defendant, should be combined to evaluate a defendant's statement or explanation.

If a defendant goes back on his confession at court, but cannot reasonably explain the reason for withdrawing his confession or his explanation is at odds with the entirety of the case evidence, and his confession before trial is and other evidence are mutually corroborative, the pre-trial confession may be admitted.

If the defendant's pre-trial confessions and explanations are repeated but he admits guilt at trial, and it is corroborated by other evidenece, his confession at trial may be adopted; if the defendant's pretrial confessions and explanations are repeated and at trial he does not admit guilt, and there is not other evidence corroborating the confession, the pre-trial confession must not be adopted.
Section 5: Review and Affirmation of Evaluation Opinions


Article 84:The following content shall be emphasized when reviewing evaluation opinions:

(1) Whether the evaluation organization and evaluator have the statutory qualifications;

(2) Whether any situations exist that call for recusal;

(3) whether the source, obtainment, storage and delivery of the evaluation materials was done in accordance with law and relevant regulations, whether it is consistent with relevant records, lists of seized articles or content of other such records, and whether the evaluation materials are complete and reliable;

(4) Whether or not the formal requirements of evaluation opinions are complete, whether or not the reason for the evaluation, the person calling for the evaluation, the evaluation organization, the evaluation request, the evaluation process, the evaluation method, the date of the evaluation and other relevant content are noted; whether or not the evaluation organization has attached the special judicial seal and whether the evaluator has signed and affixed a seal;

(5) Whether the evaluation procedures complied with laws and relevant regulations;

(6) Whether the evaluation process and methods were compliant with the relevant professional regulatory requirements;

(7) Whether the evaluation opinion is clear;

(8) Whether the evaluation opinion alligns with the other facts of the case

(9) Whether there are any contradictions between the evaluation opinion and records or inquests or examinations and relevant photographs or other evidence;

(10) Whether relevant parties were promptly informed of the evaluation opinion, and whether the parties have any objections to the evaluation opinion.

Article 85:Evaluation opinions with any of the following circumstances must not be the basis of a case verdict:

(1) The evaluation organization lacks statutory qualifications or the evaluation exceeds the scope of the evaluation organization's operations and technical capacity.

(2) The evaluator does not have the statutory qualifications or does not have the relevant technical expertise or job title, or violates the provisions on recusal.

(3) The source of the evaluation materials or samples is unclear or have been polluted so as to meet the requirements for evaluation;

(4) The evaluation materials or samples are not the same as the target of the evaluation;

(5) Evaluation procedures violated regulations;

(6) The evaluation process and methods were do not meet the requirements of professional regulations;

(7) The evaluation documents are lacking a signature or seal;

(8) the evaluation opinion is irrelevant to the ultimate issue of the case;

(9) Other circumstances that violate relevant regulations.

Article 86:Where upon notice from the people's court an evaluator refuses to appear in court to testify, the evaluation opinion must not serve as the basis for the verdict.

Where the evaluator cannot appear in court due to force majeur or other legitimate reason, the people's court may extend trial or have a new evaluation, according to the situation.

The people's court shall issue a notice to the judicial administrative organs or relevant departments when evaluators refuse to appear in court to testify without a legitimate reason,

Article 87:For specialized issues in the case that need to be evaluated where there is no judicial evaluation organization, or where the law and legal interpretations provide for an examination, a person with specialized knowledge may be appointed or hired to perform the examination, and the examination report may be consulted in sentencing.

The relevant provisions of this section may be applied by reference to the review and verification of inspection reports.

Where upon notice from the people's court, an inspector refuses to appear in court to testify, the inspection report must not serve as a reference in sentencing.
Section VI: Review and Verification of Records Such as of Inquests, Inspections, Identifications and Investigative Experiments


Article 88:The review of inquest or inspection records shall emphasize review of the following content:

(1) Whether the inquest or inspection was lawfully performed, whether the record was drafted according to law and relevant regulations, whether the personnel involved in the inquest or inspection have signed it and affixed a seal;

(2) Whether inquest or inspection records note the reason for calling for an inspection or inquest; the time and place of the inspection or inquest; factors such as personnel at the scene, the layout of the scene, and the surrounding environment; circumstances such as the location and characteristics of objects, persons or corpses at the scene; together with the process of the inquest, inspection or search. Whether written records and objects or drawings, photos and videos correspond; whether the scene, objects, scars etc. are fabricated or have been damaged; and whether personal characteristics, injuries or physiological states have been concealed or altered;

(3) Where a supplementary inquest or inspection is performed, whether or not the reason for the second inquest or inquestion is explained, and whether there are contradictions between the first and second inquest or investigation.

Article 89:Where the inquest or inspection record has circumstances obviously not complying with the law or relevant regulations that cannot be reasonable explained or accounted for, it must not serve as the basis of the verdict.

Article 90:Review of the records from an identification shall emphasize the indentification process, methods, and the whether or not the drafting of the identification records was compliant with relevant regulations.

Where the identification record has any of the following, it must be the basis of the verdict:

(1) The investigative personnel did not preside over the investigation;

(2) the person making the identification saw the person before the identification;

(3) The identification was not performed individually;

(4) The object of the identification was not mixed in with others sharing similar characteristics, or the number of persons in the line up did not meet the regulations;

(5) During the identification, the person leading the investing hinted or clearly indicated the suspect;

(6) Violated relevant regulations and there is no way to verify the veracity of the identification record.

Article 91:The review of investigative experiment records shall emphasize whether the experiment's procedures, methods and the drafting of the record complied with relevant provisions.

Where there are major differences in the situations of an investigative experiment and when the event occurred, or there are other factors that might influence the scientific conclusions of the experiment, the investigative experiment must not serve as the basis of a verdict.
Section 7: Review and Verification of Audio-Visual and Electronic Data
Article 92:The review of audio-visual materials shall emphasize the following content:

(1) whether a description of the collection process and the source is attached;

(2) Whether there are any copies of an original, and for copies, whether there are attached explanations of the reasons why the original could not be collected, the reproduction process and the location of the orginal, signed and have a seal affixed by the person making the reproductions and the person holding original audio-visual materials;

(3) whether there were any circumstances violating laws or relevant regulations in the creation process such as threats or enticements.

(4) whether or not the identity of the author and the person in possession of the item are clearly written, as well as the time, place, conditions and method of the drafting.

(5) whether the contents and drafting process are accurate, whether there has been any editing, additions, deletions or other similar circumstances.

(6) Whether the content is relevant to the case.

Where there are questions concerning audio or visual materials, an expert evaluation shall be performed.

Article 93:The following contents shall be emphasized in the review of emails, electronic data transfers, network chat records, blogs, microblogs, text messages, electronic signatures, user names, or other electronic data:

(1) Whether the original storage medium was transferred. Where there is no way to seal the original storage medium, it is not convenient to move it or it should be protected, processed or returned by the relevant departments in accordance with law; then whether the extraction or reproduction was done by two or more people, whether there was sufficient protection of the completeness of the digital data and whether there is a signed written explanation of the the reproduction process and the location of the original medium.

(2) Whether the procedures and methods of gathering complied with law and relevant technical standards. Whether the records and lists from investigatory activities such as the inspection, review or search of electronic data have been signed by investigators, the person in possession of the electronic data, and witnesses; where there person in possession of the data has not signed, then whether the reason has been noted. Whether the relevant circumstances were noted where electronic data was remotely collected from overseas or other regions. And whether information such as the specifications, type and file formats is clear.

(3) whether the electronic materials are accurate, have any deletions, revisions, additions or similar situations;

(4) whether electronic data has any relevance to the case.

(5) Whether electronic evidence relevant to the case has been fully gathered.

An expert evaluation and inspection shall be performed on electronic data that is in question.

Article 94:Audio-visual materials and electronic data that has any of the following conditions must not serve as the basis for a verdict:

(1) After review there is not way to determine if it is fake or accurate;

(2) There are questions surrounding aspects such as the time, place, method of its drafting or gathering, and the necessary proofs cannot be provided nor can a reasonable explanation be made.
Section 8: Exclusion of Illegal Evidence


Article 95:Use of physical punishment, covert physical punishment or use of other methods that cause severe physical or psychological pain or suffering, compelling a defendant to confess against his will, shall be understood to be the 'use of torture to coerce confessions and other illegal methods" provided for in article 54 of the Criminal Procedure Law.

In understanding "might seriously affect the judicial fairness" as provided in Criminal Procedure Law article 54, circumstances such as the collection of physical or documentary evidence contrary to legal procedures and the severity of the consequences it caused should be considered together.

Article 96:A party, its defender or agent ad litem applying to the people's court for the exclusion of illegally gathered evidence shall provide leads or materials such as the relevant persons, time, place, means and content of alleged illegal evidence gathering.

Article 97:When people's courts deliver a copy of the indictment to the defendant and his defender, it shall tell them that if applying to exclude illegal evidence, it should be done before court opens for trial, with an exception where relevant leads or materials are only discovered during trial.

Article 98:Before trial, if the parties and their defenders or agents ad litem request the people's court exclude illegal evidence, the people's court shall without delay, prior to starting a court session, send a copy of the application or request record along with relevant leads or materials to the people's procuratorate.

Article 99:Before trial, when parties or their defenders or agents ad litem request the exclusion of illegal evidence, if the people's court having done a review has doubts about the legality of the evidence gathering, it shall convene a pretrial conference in accordance with Criminal Procedure Law article 182 paragraph 2, to understand the situation regarding exclusion of illegal evidence and hear opinions. The people's procuratorate may explain the legality of the evidence gathering by producing relevant evidentiary materials or other methods.

Article 100:When in the course of trial the parties and their defenders or agents ad litem request the exclusion of illegal evidence, the court shall perform a review. Where after having done a review there is doubt as to the legality of evidence gathering, an inquiry shall be performed; if there is no doubt, the situation and reasoning shall be explained in court, and trial continued. When parties and their defenders or agents ad litem request the exclusion of evidence again for the same reasons, the court will not perform another review.

Inquiries into the legality of evidence gathering may, on the basis of specific circumstances, be performed after the party and his defender or agent ad litem raises the request to exclude evidence or may also be performed before the end of and together with the courtroom investigation.

When during the course of trial, parties and their defenders or agents ad litem request the illegal evidence be excluded, the people's court, having done a review and finding it does not meet the requirements of article 97 of this interpretation, shall perform a review at the end of and together with the courtroom investigation, and decide whether to conduct an inquiry into the legality of evidence gathering.

Article 101:Where the court decides to conduct an investigation into the legality of evidence gatherithing, the prosecution may present or read out the interrogation records or other evidence, have focussed playback of a/v recordings of the interrogation process, or request the court notify relevant investigatory personnel or others to appear in court and explain the circumstances to prove the legality of evidence gathering.

Materials submitted by the prosecution explaining they legality of the evidence gathering process shall be signed by the relevant investigators and have a seal attached. Those that are not signed by the relevant investigatory personnel must not be used as evidence. Explanatory materials as described above cannot alone be the basis of showing the legality of the evidence gathering process.

Article 102:Where circumstances of illegal evidence gathering as provided for in article 54 of the Criminal Procedure Law have been confirmed through trial, or cannot be excluded as a possibility, the relevant evidence shall be excluded.

After a people's court conducts an inquiry into the legality of evidence gathering, it shall inform the prosecutor, parties, defenders and litigation agents of the inquiry conclusions.

Article 103: In any of the following circumstances, the second-instance court shall perform a review of the legality of evidence gathering and handle the situation on the basis of relevant provision of the Criminal Procedure Law and this interpretation.

(1) The first-instance people's court did not review a request to exclude evidence from a party his defender or litigation agent, and that evidence was used as a basis for decision.

(2) The people's procuratorate or defendant, private prosecutor and their legally-designated representative disagrees with the investigation conclusions of the first-instance court regarding the legality of evidence gathering, and lodge an appeal or counter-appeal.

(3) A party and his defender or agent ad litem only discovered leads or materials after the conclusion of the first-instance trial and request the people's court exclude evidence.


Section 9: The Comprehensive Review and Use of Evidence
Article 104: A comprehensive review of all evidence in the case shall be performed in determining the veracity of evidence.

The weight of evidence shall be reviewed and determined on the basis of factors such as the specific case circumstances, the degree of relevance of the evidence to the ultimate issue of the case, and the connections between pieces of evidence.

The evidence must be interconnected and pointing to a common solution to the ultimate issues , with no conflicts that cannot be dispelled or doubts that cannot be resolved, before it may serve as the basis of a verdict.

Article 105: Where there is no direct evidence, but the circumstantial evidence meets the following requirement, the defendant may be found guilty:

(1) the evidence has already been ascertained as true;

(2) The evidence is mutually corroborative and there are no contradictions that cannot be excluded and no doubt that cannot be explained;

(3) The evidence of the entire case has already formed a complete evidentiary hierarchy

(4) The facts of the case as established by evidence are sufficient to exclude reasonable doubt and there is only one possible conclusion;

(5) The reasoning behind the use of evidence accords with logic and experience.

Article 106: The defendant may be found guilty on the basis of his confession and heavily concealed physical or documentary evidence that it led to, where the defendant's confession and other evidence corroborate each other and the possibility of collusion, torture to extract confessions or enticement have been excluded.

Article 107:Evidentiary material gathered through the use of technical investigative measures may serve as the basis of a verdict upon courtroom inquiry and review procedures such as being presented in court, identified, and verified.

Where use of the evidence in the preceding clause might endanger involved persons physical safety or might cause other serious consequences, the court shall adopt protective measures such as not revealing the involved persons identity or the technical methods used; when necessary, adjudicatory personal may evaluate it outside of the courtroom.

Article 108:Materials provided by the investigative organs, such as their experience with the defendant's appearances and capture, shall be reviewed for whether or not they have the signature and seal of the case-handling individual and department presenting these materials.

The investigative organ shall be request to provide a supplementary explanation where there is doubt surrounding the recount of the appearances or capture, or the basis for determining the defendant was a major suspect.

Article 109:The evidence listed below shall be used cautiously, and may admitted when there is other evidence corroborating it.

(1) Statements, testimony or confessions by victims, witnesses or defendants who have difficulty understanding the case and expressing themselves due to physiological or psychological deficits, but have not lost their capacity to understand and express themselves;

(2) testimony beneficial to the defendant that is given by witnesses who are the defendants' relatives or other close associates, and any testimony against the defendant that is given by a witnesses who have conflicting interests with the defendant.

Article 110:Evidentiary materials showing that the defendant gave himself up, came clean or performed meritorious service, which lack the seal of an unit such as that accepting his surrender, confession or reporting, or which lack the signature of the person accepting these, must not serve as the basis of a verdict.

Where the defendant or his defender submit that facts and explanations showing that the defendant gave himself up, came clean or performed meritorious service, and the relevant department has not verified this, or where the relevant department submits incomplete evidence showing that the defendant gave himself up, came clean or performed meritorious service, the people's court shall request that the relevant organ provide supporting evidence or that relevant persons testify, and consider the evidence together with all other evidence.

Article 111:Evidentiary materials showing that the defendant is a repeat offender or repeat drug offender shall include materials such as the previous offenses' judgment documents and the proof of release; if the materials are incomplete, the relevant organ shall be requested to provide them.

Article 112:Review of whether the defendant had achieved the relevant age of legal responsibility when committing the crimes charged or when trying the case, should be based based on residential permits, birth certificates, student identification, census registration, testimony by disinterested parties and other evidence considered collectively.

Where there is insufficient evidence to prove that the defendant is already 14 , 15 or 18 years old, or that he has not reached 75 years-old, the defendant should be confirmed as having not achieved 14, 16, or 18 or as having reached 75 years.
Chapter V: Coercive Measures


Article 113:People's courts trying cases may , on the basis of the circumstance, decide to have the defendant taken into custody, released on guarantee pending further investigation, placed under residential surveillance or arrested.

The court president decides on the adoption, revocation or modification of compulsory methods.

Article 114:Custodial summons may be used for defendants who have been summoned to court but refuse to appear or for defendants who need to be put under custodial summons based on the circumstances of the case.

For custodial summonses , the court president shall sign a warrant of custodial summons, and the court police shall enforce it with at least two people enforcing.

The custodial summons warrant shall be presented when putting a defendant under custodial summons. Restraints may be used on defendants refusing the custodial summons.

Article 115:The time of a custodial summons must not be continued beyond 12 hours; if the circumstances of the crime are particularly serious or complicated and it arrest procedures must be adopted, the time period must not be continued beyond 24 hours. Repeated use of custodial summons must not be used as a covert form of detention. Food and necessary rest time shall be ensured for persons under residential surveillance.

Article 116:Where the defendant has any of the circumstances provided for in article 15, paragraph 1, of the Criminal Procedure Law, the people's court may decide to release him on guarantee pending further investigation.

Defendants released on guarantee pending further investigation shall be ordered to provide a guarantor or give over a guarantee deposit, guarantors and guarantee deposits must not be used at the same time.

Article 117:When releasing the following types of defendants on guarantee pending further investigation, they may be ordered to provide 1 or 2 guarantors:

(1) those unable to pay the guarantee deposit;

(2) Juveniles or those already seventy-five years-old;

(3) Other defendants not suitable for release on guarantee pending further investigation.

Article 118:People's courts shall review whether the guarantor meets the statutory requirements. Those that meet the requirements shall be informed of the duties they must perform and a guarantee document made.

Article 119:Where a person released on guarantee pending further investigation has used a guarantee deposit, the specific amount of the guarantee deposit shall be determined according to the provisions of Criminal Procedure Law article 70, paragraph 1; and the defendant, or the workplace or individual providing the guarantee deposit on his behalf, ordered to make a lump sum deposit into the special account designated by the public security organ.

Article 120:After the people's court announces the decision to release on guarantee pending further investigation to the defendant, it shall shall send the release decision document and other relevant materials to the public security organ at the same level or, if the defendant does not reside in the area, to the public security organ where he resides, for enforcement.

Where the defendant uses a guarantee deposit as a guarantee, after it is verified that the guarantee deposit has already been deposited in the special bank account designated by the public security organs, the bank's certificate of receipt shall also be sent to the public security organ.

Article 121:Where during the period of release on guarantee pending further investigation, the guarantor is unwilling to continue fulfilling his duties as guarantor, or loses the capacity to fulfill his duties as guarantor, the people's court shall order the defendant to newly appoint a guarantor or hand over a guarantee deposit; or modify the compulsory measures and inform the public security organ, within 3 days of receiving an application from the guarantor or written notice from a public security organ.

Article 122:Where on the basis of the case facts, laws and regulations, a defendant already found to have committed a crime goes into hiding during the period of release on guarantee pending further investigation, if the guarantor clearly knows the defendant's whereabouts but refuses to provide them to the judicial organs, the guarantor will be pursued for criminal responsibility.

Article 123:Where the people's courts discover that a person released on guarantee pending further investigation using a guarantee deposit has violated the provisions of article 69 paragraph 1 or 2, they shall submit a written opinion for the confiscation of the guarantee deposit in full or in part, and send it together with the relevant materials to be handled by the public security organ responsible for enforcement.

After the peoples' courts receive written notice from the public security organ that they have already confiscated the guarantee deposit or a suggestion to modify compulsory measures, they shall within 5 days either order the defendant to provide a statement of repentance and hand over a new guarantee deposit or guarantor, or modify the compulsory measures.

Where the people's courts decide to continue to release a defendant whose guarantee deposit was confiscated on guarantee pending further investigation, the time period for the release will be continued.

Article 124:Where after a decision judgment or ruling on a person released on guarantee pending further investigation has taken effect, the release on guarantee should be lifted and the guarantee deposit returned, if the guarantee deposit is personal property, the people's court may notify the public security organ in writing to transfer the deposit to the people's court to be used to make restitution to the victims or to fulfill compensation obligations in an attached civil lawsuit, and then return the unused portion to the defendant.

Article 125:The people's courts may decide to place a defendant having the circumstances provided for in article 72, paragraph 1 and 2 of the Criminal Procedure Law, under residential surveillance.

Where people's courts decide to place a defendant under residential surveillance, the shall verify his residence; and where there is no fixed residence, they shall appoint a residence for him.

Article 126:After people's courts announce a residential surveillance decision to the defendant, they shall send the residential surveillance decision document and other relevant materials to the public security organ of the same level at the place of the defendant's residence or the designated residence, for enforcement.

The people's courts shall send the notice of the reason and location of residential surveillance to the person placed under surveillance-in-a-designated-location's family within 24 hours; where there is truly no way to notify them, this shall be recorded in the case.

Article 127:Where the people's procuratorate or the public security organs have already released a suspect on guarantee pending further investigation or placed him under residential surveillance,and after the case has been indicted to the people's courts it is necessary to continue the release, residential surveillance, or other compulsory measures, the people's courts shall issue a decision within 7 days and notify the people's procuratorate and public security organ.

Where it is decided to continue release on guarantee pending further investigation or residential surveillance, the procedures shall be completed anew and the time period reset; where a guarantee deposit will remain in use, another guarantee deposit is not collected.

The people's courts must not repeatedly employ release on guarantee pending further investigation or residential surveillance against a defendant.

Article 128:The people's courts shall decide to arrest a defendant having the circumstances provided for in Criminal Procedure Law article 79, paragraphs 1 and 2 of the

Article 129:Where a defendant released on guarantee pending further investigation has any of the following circumstances, the people's court shall decide to arrest them:

(1) Intentionally committed another crime;

(2) planned to commit suicide or flee;

(3) destroyed or fabricated evidence, interfered with witness's giving testimony or colluded testimony;

(4) seeks vengeance against victims, internal report makers or accusers;

(5) Having been placed under custodial summons failed to appear, influencing the normal conduct of courtroom activity;

(6) Changed residences or contact methods of their own volition, making impossible to put them under a custodial summons, influencing the normal conduct of courtroom activities;

(7) Left their city or country of residence of their own volition and without permission, influencing the normal conduct of trial activities, or left the city or county of residence two times without permission;

(8) Violated rules by entering a designated location, by meeting or communicating with designated persons, or by engaging in designated activities, so as to influence the normal conduct of courtroom activities or violated relevant rules two times;

(9) other circumstances where an arrest decision should be made in accordance with law.

Article 130:The people's courts shall decide to arrest defendants who are under residential surveillance where there are any of the following circumstances:

(1) There is any of the circumstance mentioned in 1-5 of the previous article.

Leaves the site of residential surveillance of his own volition and without permission, so as to influece the normal conduct of trial activities, or leaves the sit or residential surveillance twice on his own volition without permission.

(3) Meets with or communicates with others without getting permission and of his own volition so as to influence the normal conduct of trial activities, or twice meets with or communicates with others without permission;

(4) were not arrested because of serious illness leaving them unable to care for themselves or because they were pregnant or nursing their child, and they have recovered from illness or finished nursing.

(E) other circumstances where there should be arrest in accordance with law.

Article 131:After a people's court makes a decision to arrest, the arrest decision and other relevant materials should be sent to the public security organ at the same level for enforcement, and a copy of the arrest decision should be sent to the people's procuratorate. After a defendant has been arrested, the people's court should notify his family within 24 hours of the reason for his arrest and the place of detention; if there is truly no way to notify them, this should be recorded in the case.

Article 132:Where courts decide to arrest a a defendant, he shall be interrogated within 24 hours of arrest. Modify compulsory measures or immediately release those who it is discovered should not be arrested.

Article 133: Where an arrested defendant has any of the following circumstances, the people's court may modify the compulsory measures:

(1) suffer from a serious illness and cannot care for themselves;

(2) pregnant or currently nursing their own infant.

(3) is the sole care-taker of a person lacking ability to care for themselves.

Article 134:A detained defendant who is found by a first-instance court to be innocent, to not bear criminal responsibility or be excused from criminal punishment, shall be released immediately following the announcement of the verdict.

Where defendants who have been arrested have any of the following circumstances, the people's court shall modify compulsory measures or release them.

(1) those sentenced by the first-instance Court to controlled release, suspended sentence, independent use of a supplementary punishment, where the judgment has not yet taken effect;

(2) the defendants' time in detention has already reached the period to which the first-instance court has sentenced them.

(3) The case cannot be completed within the time provided by law.

Article 135:Where people's courts decide to modify compulsory procedures or release the defendant, they shall immediately send the modification decision documents or release notification to the public security organs for implementation.

Article 136:Where the people's procuratorates suggest releasing or modifying the compulsory measures of a defendant that the people's courts have decided to arrest, the people's courts shall notify the people's procuratorates of the disposition within 10 days of receiving the suggestion.

Article 137:Defendants and their legally-designated representatives, relatives or defenders requesting a modification of compulsory measures shall explain the reason. After people's courts receive the application they shall issue a decision within 3 days. Where they consent to the modification of compulsory measures, they shall handle it in accordance with the provisions of this interpretation, where they do not agree, they shall notify the applicant and explain the reasons.
Chapter 6:Attached Civil Suits
Article 138:Victims whose personal right were violated by the criminal or whose property was destroyed or suffered material damage from the offender, have the right to raise an attached civil lawsuit during the course of the criminal litigation; where victims have died or lost the capacity to act, their legally-designated representative or close relatives have the right to raise an attached civil lawsuit.

The people's court will not accept attached civil lawsuits or independent civil lawsuits requesting compensation for psychological losses resulting from criminal violations.

Article 139:Where the defendant has unlawful possession of, or has disposed of, the victims property, it shall be lawfully recovered or ordered returned. If the victim raises an attached civil lawsuit, the people's court shall not accept it. The circumstance of recovery and restitution, may serve as a circumstance in sentencing considerations.

Article 140:Where in the execution of their professional duties, state workers violate the personal or property rights of others so as to comprise a crime, and the victim, his legally-designated representative or close family members raise an attached civil lawsuit, the people's court will not accept it, but should inform him that he may request government compensation.

Article 141 :After people's courts accept a criminal case, if it meets the requirements of article 99 of the Criminal Procedure Law and article 138, paragraph 1 of this interpretation, they may inform the victim, his legally-designated representative or his close family members that they have the right to raise an attached civil lawsuit.

Where a person with the right to raise an attached civil lawsuit waives that right, it shall be permitted and noted in the case.

Article 142:Where the injured workplace has not raised an attached civil lawsuit regarding damage to state or collective property, and the people's procuratorate raises an attached civil lawsuit when it raises the public prosecution, the court shall accept it.

Where the people's procuratorates raise an attached civil lawsuit, it shall be listed as the plaintiff in the attached civil lawsuit.

Where the defendant has illegal possessed or disposed of state or collective property, it shall be handled in accordance with the provisions of article 139 of this interpretation.

Article 143:Persons having a responsibility to compensate in accordance with law in attached civil suits include:

(1) The criminal defendant and other tortfeasors who have not been pursued for criminal liability;

(2) The criminal defendant's guardian;

(3) The heirs of a person sentenced to death;

(4) heirs of a defendant who dies before the case is resolved in a joint criminal case.

(5) Other persons or individual who should bear the responsibility of compensating the victim's material losses.

Where the defendant in an attached civil suit's relatives are willing to compensate on his behalf, it shall be permitted.

Article 144:Where the victim, his legally-designated representative or close relatives only raise an attached civil lawsuit against some of those jointly infringing rights, the people's court should inform him that he may jointly raise attached civil suits against the other joint violators, including those not be prosecuted criminally, but excluding joint criminal offenders who are still at large.

Where the victim, his legally-designated representative or close relatives waive their litigation rights against the other joint violators, the people's court should inform him of the relevant legal consequences and explain the circumstance of his waive the right sue in the ruling.

Article 145 :The requirements for filing an attached civil lawsuit are:

(1) The person filing meets the statutory requirements;

(2) There is a clear defendant;

(3) There is a concrete request for compensation, and supporting facts and reasons.

(4) it is withing the scope of attached civil lawsuits accepted by the people's courts.

Article 146:In cases of joint crimes, where one of the co-defendants is at large, he should not be listed as a defendant in the attached civil lawsuit. After a suspect who fled is brought in, the victim, his legally-designated representative or close relatives may raise an attached civil law suit against him, except where they have already received full compensation from other joint violators.

Article 147:Attached civil lawsuits should be raised after the criminal case has been filed.

A complaint shall be submitted to file an attached civil lawsuit.

Article 148:If during the investigation or review for prosecution, a person with the right to raise an attached civil lawsuit requests compensation, and the public security organ or people's procuratorate, has mediated and the parties have already reached an agreement and fully executed it, but the victim or his legally-designated representative or close relatives raise an attached civil lawsuit, the court shall not accept it except where there is evidence showing that the mediation was involuntary or unlawful.

Article 149:Where the victim, his legally-designated representative or close relatives raise an attached civil lawsuit, the people's court shall decide whether or not to file the case within 7 days. Those meeting the requirements of the relevant provisions of article 99 of this interpretation shall be accepted; those not meeting the requirements shall be ruled not-accepted.

Article 150:After a people's court accepts an attached civil lawsuit, it shall have a copy sent to the defendant of the attached civil lawsuit and his legally-designated representative within 5 days, or shall notify the defendant of the attached civil lawsuit and his legally-designated representative of the content of an oral indictment, and formulate notes.

When people's courts deliver a copy of the Complaint in an attached civil law suit, they shall confirm the time for the defendant and his legally-designated representative to submit their Answer based on the trial time limits of the criminal case.

Article 151:Parties in attached civil lawsuits have the responsibility of providing evidence in support of their propositions.

Article 152:In cases where the court might have difficulty enforcing the judgment in an attached civil litigation because of the defendant's behavior or other factors, it may take protective measures, on the basis of the plaintiff to the civil action's application, to seal, seize or freeze the defendant's assets; where the plaintiff to the attached civil litigation has not applied, the court may also take protective measures as required.

Where urgent circumstances mean that a person with the right to raise an attached civil litigation will suffer a harm to their lawful rights and interests that will be difficult to repair if they do not immediately apply for protection, the may apply for protective measures to be taken, before raising the civil litigation to the court, at the location of the protected properties, the residence of the the assets owner or the court with jurisdiction over the case. Where the applicant has not raised an attached civil litigation within 15 days of the people's court accepting a criminal case, the people's court shall end the protective measures.

People's courts adopting protective measures apply the provisions of articles 100 through 105 of the Civil Procedure Law except for clause 3 of article 101.

Article 153:People's courts trying attached civil suits may mediate on the basis of principles of fairness and lawfulness. Where mediation has reached a settlement, a settlement agreement shall be formulated. After the settlement agreement is signed by both parties, it has legal effect.

Where mediation reaches an agreement on which enforcement is immediately completed, a settlement agreement need not be drafted, but notes should be made and the will take legal effect immediately upon being signed or a seal affixed by both parties, adjudicators, and clerks.

Article 154:Where mediation fails to reach a settlement or parties change their minds before signing an agreement, the attached civil lawsuit should be judged along with the criminal case.

Article 155:When issuing decisions in attached civil litigation, the specific amount that the defendant shall pay in compensation shall be determined on the basis of the material harm caused by the criminal conduct and totality of the specific circumstances of the case.

Where the criminal conduct has left the victim disabled, medical treatment, transportation and other payments for reasonable expenses for treatment and rehabilitation shall be compensated, together with wages lost do to missed work. Where the victim is made disabled, compensation shall also be made for expenses such as living assistance; where the victims death is caused,funereal expenses shall also be compensated.

The compensation obligations for operation of a motor vehicle that causes a person's death or injury or causes significant damage to public or private property, so as to constitute a crime, are determined in accordance with the provisions of article 76 of the <PRC Road Traffic Safety Law>.

Where the parties to attached civil litigation reach a mediation or settlement agreement on civil compensation, the scope and amount of compensation are not restricted by the provisions of clauses 2 and 3.

Article 156:Where people's procuratorates raise an attached civil lawsuit, and the people's court, upon trial, find that the attached civil litigation defendant should have an obligation under to pay compensation, it shall order the defendant of the attached civil lawsuit to directly make compensation to the injured unity, if the unit is already terminated, it shall order compensation be made to the successor; where there is no person with the rights, he should be ordered to make payment directly to the people's procuratorate, and the procuratorate place it in the state treasury/

Article 157:People's courts trying attached civil lawsuits in a criminal case shall consider the circumstances of whether the defendant has paid compensation for the victims' material losses in determining their remorse for the crime, and also consider it in sentencing.

Article 158:Where the plaintiff to an attached civil lawsuit is summoned but refuses to appear without just cause, or leaves the case without getting the courts permission, the case should be withdrawn.

Where defendants to an attached civil lawsuit other than the defendant in the criminal case are summoned, but refuse to appear without just cause, or leave in the middle of the case without the judge's permission, judgment by default may be made on part of the attached civil lawsuit.

Article 159:Attached civil litigation shall be tried with the criminal case, and may be tried after the criminal trial only to prevent excessive extending of the criminal trial, with the same trial organization continuing to try the attached civil suit; where the same trial organization members truly cannot continue participating in the trial, they may be changed.

Article 160:People's courts determining in a public prosecution that the defendants' conduct does not constitute a crime should jointly release a judgment for any attached civil lawsuits already raised that have not be mediated to reach an agreement.

In cases where the people's courts authorize the people's procuratorate to withdraw an initiated public prosecution, attached civil lawsuits that have already been raised may be mediated; those unsuitable for mediation or that cannot reach an agreement through settlement, shall be found rejected by the court and the plaintiff of the attached civil litigation may separately file a civil suit.

Article 161:Where attached civil lawsuits were not raised during the first-instance trial but are raised in the second-instance trial, the second-instance people's court may conduct mediation in accordance with law; where the mediation does not succeed, inform the parties that they may separately raise a civil suit after the judgment or ruling in the criminal case takes effect.

Article 162:People's courts trying cases of attached civil lawsuits do not accept litigation fees.

Article 163:People's courts trying attached civil litigation apply the provisions of the civil law except where otherwise provided by the criminal law, criminal procedure law and criminal justice interpretations.

Article 164:Where the victim, his legally-designated representative or close relatives' have not raised an attached civil suit in the course of criminal litigation, and separately raise a civil suit, the people's court may conduct mediation or make a judgment on the basis of the circumstances of the material losses.
Chapter VII: Timing, Delivery and Trial Time Limits
Article 165:Where a time period is calculated in months, a month will mean the period from a given day of the current month through the same day of the following month. Where a time period begins on the last day of a month, the period until the last day of the following month will be considered one month. If the same day does not exist in the following month, then the period from the date in this month until the last day of the next month will be considered one month. Half months will all be calculated as 15 days.

Article 166:If due to force majeure or other legitimate reason, a party does not meet the deadlines, and applies to continue litigation activities that should have been completed before the end of the time perioed, the people's court should rule it permissible following verification or the truth of the situation.

Article 167:The recipient shall sign on delivery of the indictment documents. If the recipient is not present, other adult relative or reponsible parties in the workplace may accept it on their behalf.

The date written on the receipt certificate and signed by recipients or persons accepting on their behalf is the date of delivery.

Where the recipient or substitute recipient refuses to sign for receipt, the deliver may request a witness appear, explain the situation, clearly note the date and the refusal on the delivery receipt, and have the deliverer and the witness sign and affix their seals, and leave the litigation document at the recipient or substitute recipient's residence or workplace; or may also leave the litigation documents at the recipient's residence and use methods such as video or photography to record the delivery process and it will be deemed served.

Chapter 168:Where there is difficulty in directly delivering the indictment documents, the people's court may be entrusted to deliver as a substitute or they may be mailed.

Article 169 :If delivery is by entrustment, the letter of entrustment, the indictment documents to be delivered and the delivery receipt shall be sent to the court being entrusted. After the entrusted court has received it, it shall register, deliver to the recipient within 15 days, and the signed delivery receipt mailed to the entrusted court; where there is no way to make delivery, the entrusted court shall be notified and the litigation documents and delivery confirmation shall be returned.

Article 170 :If delivery is by mail, the indictment documents and receipt certificate will be mailed to the recipient by registered mail. The date recorded on the registered mail receipt is the date of delivery.

Article 171:Where the recipient of the indictment materials is a soldier, they may be transferred through the political unit at the level of his regiment or above.

If the recipient is currently serving a criminal penalty, they may be transferred through the enforcing agency.

If the recipient is under compulsory education measures, they may be transferred through the compulsory education organ.

Where the relevant department or work unit is used to transfer the indictment documents, it shall be asked to promptly give them to the recipient for his signature and promptly mail the receipt to the people's court.

Article 172:The trial time period for cases with a designated jurisdiction is calculated from the date on which the people's court designated as the jurisdiction receives the decision to designate jurisdiction, the case file, and evidentiary materials.

Article 173:Applications to the people's court at the level above for permission to extend the time period shall be submitted no later than 15 days before the period is complete. where people's courts with the authority to make the decision don't agree to the extension, they shall issue a decision 5 days before the period ends.

Where due to special circumstances an extension of the trial period is requested from the Supreme People's Court, and the Supreme People's Court, upon examination, approves, the trial period may be extended by 1-3 months. If the trial can still not be concluded at the end of this period, another request may be submitted.

Article 174 :During trial, the time used to perform a mental health evaluation of the mentally ill is not calculated into the time period for trial.
Chapter VIII: Trial Organizations
Article 175 :Adjudicatory personnel will serve as presiding judge. Assistant adjudicators will be submitted by the court's president, and on approval from the adjudication committee, may temporarily substitute adjudicators and may serve as presiding judge.

Article 176 :The same collegial panel shall perform in-court trial and review cases. When members of the collegial panel review a case, they shall independently express opinions and explain their reasons. If there is a difference of opinions, a decision shall be made for the majority opinion, but the minority opinions shall be kept in the record. The record of the review shall be signed by members of the collegial panel after they have verified that it has no mistakes. Review of the circumstances shall be kept confidential.

Article 177 :When adjudication personnel hear a case alone in accordance with law, they exercise the same powers as the chief judge.

Article 178:After the collegial panel holds trial and deliberates, it shall quickly issue a judgment or ruling.

The collegial panel shall request that the court president make a decision on having death penalty cases or cases of prosecutorial appeal passed to the adjudicatory committee for discussion and decision.

In cases where the members of the collegial panel have major differences of opinion, in new types of cases or cases having a major social impact, as well as other difficult, complex or major cases, where the collegial panel finds it difficult to issue a decision, the may request that the court president make a decision on having the case passed to the adjudication committee for discussion and decision.

People's assessors may request that the collegial panel submit the case to the court president for a decision on whether or not to send the case to the adjudication committee for discussion and decision.

Where a case is submitted to the court president for decision on sending it to the adjudication committee for discussion and decision, if the court president feels it is not necessary, he may suggest the collegial panel reconsider one time.

In cases of an single adjudicator where the adjudicator finds it necessary, he may also submit it to the court president for a decision to have it sent to the adjudicatory committee for discussion and decision.

Article 179: The collegial panel or sole adjudicator shall carry out the decision of the adjudicatory committee; if there are disagreeing opinions, it may be suggested that the court president submit it to the adjudicatory committee for a reconsideration.
Chapter IX: General Procedures for First-Instance Trial of Public Prosecutions.
Section 1: Review, Acceptance, and Pre-trial Preparation
Article 180:After people's courts receive the indictments in a public prosecution (8 copies adding 5 additional copies for each additional defendant in the case), the case file, and the evidence, they shall designate adjudicatory personnel to review the following contents:

(1) whether it is within that court’s jurisdiction;

(2) Whether or not the indictment clearly states the defendant's identity, whether or not he has been given a criminal penalty or is currently serving a criminal penalty or under compulsory measures, the type of compulsory measures or location of detention, and the time, place, method and consequences of the crime, as well as other circumstances that might influence the verdict or sentencing;

(3) Whether or not evidentiary materials that prove the facts of the alleged crime have been transferred, including any approvals of use of technical investigative measures and all evidentiary materials gathered;

(4) Whether or not the defendant's unlawful gains or other property involved in the case have been sealed, seized or frozen, and attach evidentiary materials showing that the property should be recovered in accordance with law.

(5) Whether or not the victims' names, addresses and contact methods are clearly listed; whether or not the list of witnesses and evaluators is attached; whether or not they have notified witnesses, evaluators and persons with expert knowledge to appear in court and have clearly listed their names, sex, ages, professions, addresses, and contact information; whether or not there a list of witnesses, evaluators and victims requiring protection is attached;

(6) Where the parties have already retained defenders or agents ad litem or have accepted legal aid, whether or not the names, addresses and contact information is listed for the defenders or agents ad litem;

(7) Whether or not an attached civil lawsuit has been raised; if an attached civil lawsuit has been raised, whether the names, addresses, and contact information for the parties to the attached civil litigation are listed, and whether or not relevant evidentiary materials are attached;

(8) Whether or not all litigation documents and formalities for investigation and review for prosecution are complete.

(9) Whether or not there are any of the circumstances in Article 15, paragraphs 2-6 of the Criminal Procedure Law providing that criminal responsibility should not be pursued.

Article 181:After the people's courts review the indictment of a public prosecution, they shall handle in in accordance with the following distinct circumstances:

(1) It is a case that requires an accusation before it is handled, and shall be sent back to the people's procuratorate, and the victim informed of his right to raise a private prosecution;

(2) Those not falling within the court's jurisdiction or where the defendant has not been located shall be returned to the procuratorate.

(3) Where any of the requirements of the previous article's items 2-8 are not met and supplementary materials are needed, the procuratorate shall be notified to supplement within 3 days.

(4) After the defendant is pronounced not guilty in accordance with the provisions of Article 195 of the Criminal Procedure, paragraph 3, if the people's procuratorate files a new suit on the basis of new facts or evidence, it should be accepted in accordance with law.

(5) Cases permitted to be withdrawn in accordance with Article 242 of this interpretation shall be returned to the people's procuratorate where there are no new case facts, evidence or new indictments.

(6) Where the requirements of Criminal Procedure Law Article 15(2)-15(6) are met, the case shall be held to be terminated or returned to the people's procuratorate;

(7) Where the defendant's true identity is not clear, but the requirements of article 158, paragraph 2 of the Criminal Procedure Law are met, the case shall be accepted.

The review of whether or not to accept public prosecutions shall be completed within 7 days.

Article 182:Before holding a court session, the people's court shall perform the following tasks:

(1) Determine the chief judge and the members of the collegial panel;

(2) send a copy of the indictment to the defendant and defender 10 days before court session;

(3) Notify the parties, legally-designated representatives, defenders, and agents ad litem to provide a list of witnesses and evalutors, and also evidence to be presented, 5 days before opening trial; those applying for witnesses, evaluators or persons with specialized knowledge to appear in court shall clearly list the relevant. names, gender, age, profession, residential address and contact information;

(4) Notify the people's procuratorate of the time and place for trial, three days before trial begins.

(5) 3 days before opening trial, deliver the summons for parties and notifications for defenders, agents ad litem, legally-designated representatives, witnesses, evaluators and others to appear in court; notification to relevant persons to appear in court may also be done by phone, text message, fax, email or other methods where receipt may be confirmed.

(6) In cases being tried openly, publicly announce the cause of action, the defendant's full name, and the time and place for trial, three days before trial begins.

The circumstances of the above work shall be noted in the case.

Article 183:In any of the following circumstances, the adjudicators may convene a pre-trial conference:

(1) The parties and their defenders or agents ad litem request the exclusion of illegal evidence;

(2) There is a relatively large amount of evidence and the case circumstances are major and complicated;

(3) major social influence;

(4) Other circumstances requiring that a pretrial conerence be convened.

If convening a pre-trial conference, the defendant may be notified to attend on the basis of case conditions.

Article 184:If convening a pre-trial conference, the chief judge may learn of the following matters and request opinions from both sides:

(1) Whether or not there is any objection to the case's jurisdiction;

(2) Whether or not there is an application to recuse relevant personnel;

(3) Whether or not there is an application to collect evidence gathered during the investigation or during the review for prosecution from public security organs or people's procuratorates that has not yet been tranferred and which shows that the defendant is innocent or that the crime was minor;

(4) Whether or not new evidence is submitted;

(5) Whether or not there are any objections to the list of witnesses, evaluators or persons with expert knowledge appearing in court;

(6) Whether or not there is an application to exclude illegal evidence;

(7) Whether or not there is an application to not have an open trial;

(8) Other questions relevant to the trial.

Adjudicators may question both parties as to whether or not they have objections to the evidence, and shall make evidence that is objected to the focus of courtroom investigation; the raising and verification of evidence for which there are no objections may be simplified.

Where the victim, his legally-designated representative or close relatives have raised an attached civil lawsuit, it may be mediated.

A record of the circumstances of the pre-trial conference shall be recorded.

Article 185:Before courtroom proceedings, the collegial panel may prepare a trial outline, the outline will generally include the following contents:

(1) The division of labor among the collegial panel members at trial;

(2) The key facts of the charges alleged in the indictment and the key points identifying the nature of the case;

(3) Main points that are necessary to understand when interrogating the defendant;

(4) The list of witnesses, evaluators, persons with expert knowledge and investigators appearing in court;

(5) The catalog of evidence that both sides have applied to present in court;

(6) Issues that might occur at trial and response measures for them.

Article 186:Trials should be conducted publicly.

Cases involving state secrets or personal privacy, are not to be heard in public; the court may decide not to publicly hear those involving trade secrets where the party so applies.

Any person may observe the trial of a case being tried publicly unless the law provides otherwise.

Article 187:The mentally ill, the intoxicated, minors not having first gotten the court's permission and other persons not suited to observe must not observe trial.

Article 188:Victims and agents ad litem non-appearance in court upon summons or notice does not impact the courtroom trial and the people's court may conduct trial in court.

Where defenders do not appear in court upon notice, the people court may conduct courtroom trial where the defendant consents, but with an exception where the defendant is a person that should receive legal aid.

Article 189:Before trial, the clerk shall sequentially do the following:

(1) as commisioned by the presiding judge, verify whether the public prosecutor, the parties, witnesses and other participants in the proceedings are at court;

(2) read out the courtroom rules ;

(3) call the prosecutors and relevant litigation participants into court;

(4) Call the presiding judge and adjudicators (people's assessors) into court;

(5) After the adjudicators take their seats, report to the presiding judge that the preperations for trial are complete.
Section 2: Announcing that Court is in Session and Courtroom Investigations
Article 190:After the chief judge announces that court is in session and has the defendant brought into the room, the following circumstances of the defendant shall be ascertained:

(1) Full name, birthdate, ethnicity, place of birth, education level, profession, address, or the name of a defendant workplace, its location, and the full name and position of its litigation representative;

(2) Whether of not they have received legal sanctions and if so, what kind and when;

(3) Whether or not they have been placed under compulsory measures, and if so, what kind and when ;

(4) The date on which a copy of the indictment was received; and if there is an attached civil suit, the date on which the defendant in the attached civil suit received the complaint.

If there are several defendants, the above circumstances may be ascertained before the court session, but the presiding judge shall make an explanation when the court session begins.

Article 191: The chief judge announces the source of the case, the cause of action for the prosecution, the names of the parties to attached civil litigation, together with whether or not there will be a courtroom trial; where there will not be a courtroom trial, the reason shall be announced.

Article 192:The chief judge announces the name list of the collegial panel members, court clerks, and prosecutors, as well as the name list of the defenders, expert evaluators, translators and other litigations participants.

Article 193:The chief judge shall notify the parties and their legally-designated representatives, defenders, agents ad litem that they enjoy the following rights during the course of trial in court:

(1) may apply for the recusal of members of the collegial panel, clerks, prosecutors, evaluators and translators.

(2) May put forward evidence and apply to have witnesses notified to appear in court or new evidence collected, apply for a new evaluation , inquest or review.

(3) The defendant may perform his own defense ;

(4) The defendant may make a final statement after the conclusion of courtroom debate.

Article 194:The chief judge shall ask the parties and their legally-designated representatives, defenders, nnd agents at litem whether they will apply for a recusal, what person they are applying for the recusal of, and the reason for the recusal.

Where the parties, their legally-designated representatives, defenders or agents ad litem apply for a recusal, it is handled in accordance with the relevant provisions of the criminal procedure and this interpretation.

The chief judge announces the decision in agreement with or rejecting the application for a recusal and the reconsideration decision, as well as the reasoning. When necessary, the court president may also make the announcement in court.

Article 195:After the Chief judge announces that the courtroom inquiry has begun, the prosecution shall first read aloud the indictment; where there are attached civil lawsuits, the plaintiff in the attached civil litigation, his legally-designated representative or agent ad litem will then read out the pleading in the attached civil lawsuit.

Article 196:Where the charges alleged in the indictment involve two or more instances, the courtroom inquiries should generally be conducted separately.

Article 197:With the chief judge presiding, the defendant and victim may make separate statements regarding the facts of the crimes alleged in the indictment.

Article 198:With the chief judge presiding, the public prosecutor may interrogate the defendant regarding the facts of the crimes alleged in the indictment.

Upon approval by the chief judge, the victim, his legally-designated representative and agent ad litem may ask supplemental questions on the criminal facts from the prosecutor's interrogation; the plaintiff of an attached civil suit and his legally-designated representative or agent ad litem may ask the defendant questions regarding the attached civil litigation portions; the defendant's legally-designated representative or defender, and the defendant to an attached civil lawsuit or his legally-designated representative or agent ad litem, may ask questions of the defendant after the prosecution has completed its interrogation on a particular issue.

Article 199:Interrogation of defendants in the same case shall be done separately. When necessary, others such as defendants to the same case may be summoned to the court, for examination.

Article 200:Upon the permission of the chief judge, the prosecution and defense may ask questions of the victim or the plaintiff in an attached civil lawsuit.

Article 201:Adjudicators may interrogate the defendant. When necessary, questions may be asked of the victim or parties to the attached civil lawsuit.

Article 202:A public prosecutor may request that the chief judge notify witnesses or evaluators appear in court to testify, or present evidence. The victim and his legally-designated representative, the plaintiff of an attached civil litigation and his agent ad litem may also submit requests.

After the prosecution has raised evidence, the defendant and his legally-designated representative or defender may request that the chief judge notify witnesses or evaluators to appear in court to testify, or present evidence.

Article 203:The prosecution or defense applying for a witness to appear in court or to present evidence shall explain the name of the evidence, its origin and what facts it proves. Where the court finds it necessary, it shall approve; if the other side objects, feeling that the evidence is irrelevant to the case or clearly repetitive and unnecessary, and the court upon investigation finds that the objection is substantiated, it may decide to not approve.

Article 204:Where either side needs to present evidence already sent to the people's court , they may make a request to the people's court. Where the court agrees, it shall order the court police to present or broadcast it; if it is necessary to read it aloud, the court police shall give it to the applicant to read aloud.

Article 205:If the public prosecutor, parties, their defenders, or agents ad litem have objections to witness's testimony that has a significant impact on conviction or sentencing, or have objections to an evaluators opinions, and apply to the court to have the witness or evaluator appear in court to testify, and the people's court feels it's necessary, it shall notify the witness or evaluator to appear in court; where there is no way to notify them, or the witness or evaluator refuse to appear, and shall promptly inform the applicant.

Article 206:Where defendants have any of the following circumstances and are unable to appear in court to testify, the people's courts may permit them to not appear:

(1) During the trial period they contract a serious illness or are having severe mobility difficulties.

(2) Their domicile is very far from the court and transportation is exceedingly inconvenient;

(3) They are abroad and temporarily unable to return;

(4) The are other objective reasons making them truly unable to appear.

Where the preceding circumstances are present, they may use methods such a videocasting to testify.

Article 207:The court shall provide supplementation for transportation, lodging and food expenses incurred by witnesses testifying in court.

Article 208:Where witnesses are compelled to appear, the court president shall sign and send out the order to appear in court to testify.

Article 209:Where in the trial of crimes such as endangering national security , terrorist crimes, mafia-type organized crimes and drug offenses, a witness evaluator or victim faces threat to his physical safety or that of his close relatives as a result of testifying, the people's court shall adopt protective measures such as not making their real name, address or workplace public or not revealing their appearance or true voice, etc.

Where during trial, witnesses, evaluators or victims request protection, the people's court shall immediately review and if finding that there is a need for protection, shall promptly decide to adopt relevant protective measures.

Article 210:Where deciding to adopt protective measures for not revealing the personal information of witnesses, evaluators or victims appearing in court to testify, the adjudicators shall verify their identity before trial and must not disclose this in the witnesses pledge to give truthful evidence, psydonyms and the like may be used to replace personal information in the judgment or ruling documents.

Article 211:After witnesses or evaluators appear in court, adjudicatory personnel shall confirm their identity and their relationship with the parties and case, and then inform them of their rights and obligations to give testimony and their legal responsibility.

Before witnesses and evaluators testify, it shall be insured that they will provide truthful testimony to the court, explain evaluation opinions and sign a guarantee.

Article 212:Questioning of witnesses and evaluators will be first done by the side that requested they be notified to appear, and when they are finished, the other side may ask questions with the court's permission.

Article 213:Questioning of witnesses should follow the following rules:

(1) The questioning should be relevant to the facts of the case;

(2) Questions must not be asked in a leading manner;

(3) The witness must not be threatened;

(4) Witness's dignity must not be harmed.

The preceding paragraph applies to interrogation or questioning of defendants, victims, parties to attached civil lawsuits, evaluators, and persons with expert knowledge.

Article 214:Where the questioning or interrogation methods of either the prosecution or the defense is inappropriate or has content irrelevant to the case, the other side may submit an objection and apply for the chief judge to stop it; the chief judge should clearly rule on whether it is supported or rejected; where the other side has not raised an objection, the chief judge may also stop in based on the circumstances.

Article 215:When adjudicators think it is necessary, they may question witnesses evaluators or persons with expert knowledge.

Article 216:Questioning of witnesses, evaluators, and persons with expert knowledge shall be done separately. After witnesses, evaluators, or persons with expert knowledge have been questioned by both sides or the court, the chief judge shall inform them to leave the courtroom.

Witnesses, evaluators and persons with expert knowledge must not observe the trial.

Article 217:Where the prosecutor, a party or his defender or legal represesentative apply to the court to have a person with expert knowledge appear and give opinions on an evaluation opinion, they shall explain the reasons. Where the court finds it necessary, it shall notify persons with expert knowledge to appear in court.

Applications for persons with expert knowledge to appear should not exceed 2 persons. Where there are several types of evaluation opinion, the number of persons may be increased.

Where there are persons with expert knowledge appearing in court, the provisions on evaluators' appearances apply.

Article 218:After the party offering evidence has presented it in court, the other party performs identification and submits comments. The prosecution and defense may ask questions of each other and debate.

Article 219:Evidence presented in court that was never sent to the court, shall be handed over to the court after verification of evidence.

Article 220:Where the court has doubts about evidence, it may inform the public prosecutor and parties as well as their legally-designated representatives, defenders and agents ad litem, to supplement the evidence or make explanations; when necessary, an adjournment may be announced to investigate and review the evidence.

Evidence that the public prosecutor or parties, as well as their legally-designated representatives, defenders, and agents ad litem have supplemented or that the court has investigated, confirmed and obtained outside of court, shall be subject to in-court debate and verification before it can be used as evidence on which the case is based. With an exception, however, for where, upon the solicitation of opinions outside of court, neither the prosecution or defense has an objection.

The relevant circumstances shall be recorded in the case.

Article 221:Where the public prosecutor applies to present evidence that was not sent to the court before trial began, and the defense raises an object, the chief judge shall request the public prosecutor explain the reason; and if the reason is sustained and the presentation is truly necessary, it shall be approved.

If the defense submits that it needs to make defense preparations for new evidence, the court may announce an adjournment and determine the period for preparing the defense.

The provisions of the previous two clauses apply by reference where the defense applies to present evidence that was not submitted before court trial began.

Article 222:Where in the course of trial at court, the parties, their defenders, or agents ad litem applying to notify new witnesses to appear in court, have new evidence collected, or apply for a new appraisal or inspection, shall provide the name of the witnesses, the location where the evidence is stored, explain the case facts that will be proven and the reason for requesting a new appraisal or evaluation. Where the court finds it necessary it should consent and announce an extension of trial; where it does not agree, it shall explain the reason and continue trial.

In cases where trial is extended that meet the requirements for article 202 clause 1 of the criminal procedure law, it may be reported to the court at the level above for approval of the extension of trial.

Where the people's court consents to an application for a new appraisal, it shall promptly call for the appraisal and notify the people's procuratorate, parties and their defenders or agents ad litem of the appraisal opinion.

Article 223:During trial, where the public prosecutor discovers that the case needs supplementary investigation and suggests extending trial, the collegial panel should agree but there must not be more than two extension suggestions.

Where the people's procuratorate sends supplementary gathered evidence to the people's court, the people's court shall notify the defendant, the agent ad litem to read, copy and reproduce it.

After the period for supplementary investigation is complete, where upon notice of the people's court the people's procuratorate has not sent the case to the people's court and has not explained the reason, the people's court may decide to handle it as a withdrawal of the case by the people's procuratorate.

Article 224:When the people's court collects evidentiary materials from the people's procuratorate that must be investigated and verified, or evidentiary materials gathered during the investigation and review for prosecution period showing that the defendant is innocent or that the crime is minor, the people's court shall notify the people's procuratorate to provide the materials within 3 days of receiving the decision to collect evidentiary materials.

Article 225:An investigation shall be conducted during the course of trial of facts and evidence relevant to sentencing.

In addition to checking whether the defendant has statutory sentencing circumstances, the people's courts shall also, based on the circumstances of the case, review the following situations have an influence on sentencing:

(1) The reason for the case;

(2) Whether the victim has any fault and the degree of fault, whether they bear responsibility for escalating the conflict and the degree of responsibility;

(3) Whether the defendants family cooperated in catching the defendant;

(4) The defendant's usual performance and whether he repents the crime;

(5) returning unlawful gains, and paying restitution and the circumstances of the compensation;

(6) Whether the defendant has received the victim's or the victim's close family's forgiveness;

(7) Other factors that influence sentencing.

Article 226:Where during trial the collegial panel discovers that the defendant may have statutory sentencing circumstances such as voluntary surrender, coming clean or meritorious contributions, and the case file delivered by the people's procuratorate does not have any relevant materials, it shall notify the people's procuratorate to transfer them.

During trial, where the defendant provides leads as to his meritorious service, the people's court shall suggest that the people's procuratorate supplement its investigation.

Article 227:In cases where the defendant concedes guilt, after confirming that the defendant understands the facts and charges in the indictment, is voluntarily admitting guilt and understands the legal consequences, the courtroom inquiry may primarily be conducted around sentencing and other issues in controversy.

In cases where the defendant does not concede guilt or the defender will conduct a not-guilty defense, the courtroom investigation shall ascertain sentencing facts on the foundation of ascertaining facts for conviction.
Section 3: Courtroom Debate and Final Statements
Article 228:Where the collegial panel feels the facts of the case have already been clearly investigated, the chief judge shall announce that the courtroom investigation is complete and begin courtroom debate on issues such as the judgment, sentencing, evidence and applicable law.

Article 229:The courtroom debate shall be conducted under the chief judge's supervision, and in the following sequence:

(1) the public prosecutor speaks;

(2) The victims and their agents ad litem speak;

(3) The defendant performs his own defense;

(4) The defender's defense;

(5) The prosecution and defense engage in debate.

Article 230:The people's procuratorate may submit a sentencing suggestion and explain its reasons, sentencing suggestion shall usually have a certain range. Parties and their defenders or agents ad litem may submit sentencing comment and explain the reasoning.

Article 231:During courtroom debate in a case where the defendant has admitted guilt, the parties may be led to primarily debate sentencing and other issues in contention.

During courtroom debate in a case where the defendant does not concede guilt or the defense attorney is conducting a not-guilty defense, the prosecution and defense may be directed to first debate the issue of guilt and then debate sentencing issues.

Article 232:Debate on the attached civil litigation portion shall be conducted after the conclusion of debate on the criminal portion, the plaintiff of the attached civil litigation and his agent ad litem speak first, and ten the defendant and his agent ad litem respond.

Article 233:In the course of courtroom debate, the chief judge shall fully hear the opinions of both the posecution and defense, and where comments of either side are irrelevant to the case, repetitive or accusatory of the other party, shall notify and and stop them.

Article 234:Where during the course of courtroom debate the collegial panel discovers new facts relevant to guilt or sentencing and there is a need to investigate, the chief judge may announce a temporary suspension of debate, and return to courtroom investigation, continuing courtroom debate after the new facts are investigated.

Article 235:After the chief judge announces the conclusion of courtroom debate, the collegial panel shall ensure the defendant's full exercise of the right to a final statement. Where the defendant in his final statement repeats his opinions several times, the chief judge may stop it. Where the final statement is contemptuous of the court or public prosecutor, harms others or the common interests of society, or are irrelevant to the case, they shall be stopped.

Where in an open trial the defendant's final statement has content touching on state secrets, individual's privacy or commercial secrets, it shall be stopped.

Article 236:Where new information or evidence is raised in the defendant's final statement, and the collegial panel finds that it might influence the correct judgement, it shall return to courtroom inquiry; Where the defendant raises new justifications and explanations, and the collegial panel finds that it might influence the correct judgment, it shall reeturn to courtroom debate.
Section 4: Case Deliberation and Announcing a Verdict
Article 237:After the defendants' final statement, the chief judge shall adjourn court, and the collegiate panel will carry out deliberations.

Article 238:The court clerk shall make notes of all courtroom activities, and upon review by the chief judge shall signed separately by the chief judge and court clerk.

Article 239:After trial, the court record shall be reviewed by the parties, their legally-designated representatives, defenders and agents ad litem, or it shall be read out to them.

The testimony and opinions of appearing witnesses, evaluators and persons with expert knowledge, that appear in the court record,shall be given to the relevant persons to review or be read to them.

Those persons listed in the preceding two clauses feel the record has omissions or errors, may request supplementation or correction; after verifying it is correct, they shall sign; where they refuse to sign, this shall be noted in the case; those requesting to change statements made in court will not be allowed.

Article 240:The collegial panel's deliberation of the case shall be based on the facts and evidence that have been ascertained and the relevant laws and regulations. On the basis of a full consideration of both the the prosecution's and defense's opinions, rulings or judgments should be made in accordance with law on whether or not the defendant is guilty what crime was committed, whether or not their are any aggravating, mitigating, or commutative circumstances, or circumstances excusing punishment, whether there should be a criminal penalty, what kind of penalty, and how the attached civil litigation should be resolved.

Article 241:After the court has had trial in a first-instance public prosecution, it shall make a judgment or ruling in accordance with the distinct situations below :

(1) where the facts as alleged are clear,the evidence credible and sufficient, and the charges against the defendant are affirmed in accordance with law, a guilty decision shall be made;

(2) where the facts as alleged are clear and the evidence credible and sufficient, but the charged offense differs from that affirmed at trial; a judgment shall be made in accord with the charge affirmed at trial.

(3) where the case facts are clear and the evidence credible and sufficient, and the defendant has been found not-guilty in accordance with law; a judgment shall be announced that the defendant is not-guilty.

(4) where the evidence is insufficient and it cannot be affirmed that the defendant is guilty; a judgment shall be announced that the defendant is not-guilty because the evidence was insufficient to sustain the charges;

(5) where some of the case facts are clear and the evidence is credible and sufficient, a guilty or not-guilty judgment shall be made; no determination will be made regarding the portion for which the facts are unclear and the evidence insufficient;

(6) Where the defendant is not given criminal penalties because he is not yet sixteen years old, a judgment shall be announced that the defendant does not bear criminal responsibility;

(7) Where the defendant is not given criminal penalties because he is a mentally ill person who caused the harmful outcome when he was unable to control or recognize his conduct; a judgment shall be declared that the defendant does not bear criminal responsibility.

(8) Where the crime has already exceeded the statute of limitations and does not need to be prosecuted, or has been granted amnesty and exempted from punishment; trial shall be ruled terminated.

(9) Where the defendant is deceased, trial shall be ruled terminated; where innocence can be sufficiently determined on the basis of facts already ascertained and evidence already verified, a judgment that the defendant is not- guilty shall be announced.

Where there are the circumstances provided for in (2), the people's court shall hear the opinions of both the prosecution and the defense before judgment, and ensure that the defendant and defender fully exercise their defense rights. When necessary, the court may be called back into session, and both sides organized to debate what crime the defendant's behavior constitutes.

Article 242:Where the people's procuratorate requests that the prosecution be withdrawn before the judgment is announced, the people's court shall review the reason for withdrawing the indictment and make a ruling on whether or not to allow it.

Article 243:Where during trial the people's court discovers new facts that might influence the conviction determination, it may suggest that the people's procuratorate supplement or change the indictment; where the people's procuratorate does not agree or does not respond within 7 days, the people's court shall make a judgment or ruling on the criminal facts as alleged, in accordance with the provisions of article 241 of this interpretation.

Article 244:In cases accepted under the provisions of article 181(4) of this interpretation, the people's courts shall clearly state in its opinion that the defendant had been previously indicted by the people's procuratorate but was proclaimed not-guilty by the people's court in accordance with law because the evidence was insufficient and the charged crimes could not be established; the priot judgment made in accordance with article 195, clause 3 of the Criminal Procedure Law shall not be revoked.

Article 245:Members of the collegial panel shall sign the deliberation records and sign judgments, rulings or other legal documents.

Article 246:Written judgments shall clearly state the basis of the decision, explain the basis of the judgment, reflect the opinions of both the prosecution and defense and explain the reasons for adopting or not adopting those opinions.

Article 247:Where the judgment is announced in court, the written judgment should be delivered within 5 days. Where the judgement is to be announced on a set date, before it is announced, the time and place for the announcement shall be publicly declared, the parties summoned and notice given to the public prosecutor, legally-designated representatives, defenders and agents ad litem. After the judgment is announced, the written judgment shall be promptly delivered.

The written judgment shall be delivered to the people's procuratorate, the parties, legally-designated representatives, defenders and agents ad litem, and may also be delivered to the defendant's close relatives. After the judgment takes effect, it should also be sent to the defendant's workplace or the police station at the place of his original residence, or to the registration organ for a defendant workplace.

Article 248:The announcement of verdicts shall be done publicly. Where prosecutors, defendants, agents ad litem, victims, private prosecutors or other plaintiffs in attached civil suits do not appear, it does not influence the announcement of the verdict.

When declaring the verdict, all persons in the courtroom shall rise.
Section 5: Courtroom Order and Other Provisions
Article 249:Litigation participants and observers shall respect the following rules of order during the course of trial hearings:

(1) Obey courtroom instructions, respect court formalities;

(2) There must be no applause, calls, noise or roaming about;

(3) There must be no audio-recording, video recording or photography of courtroom activities or transmitting of courtroom circumstances by means such as email, blogs or microblogs, except for journalists to whom the court has given permission;

(4) observers must not speak or raise questions;

(5) There must be no other conduct that disrupts courtroom order.

Article 250:The chief judge shall handle litigation participants and observers that disrupt courtroom order during the course of trail, according to the following distinct situations:

(1) Where the circumstances are relatively minor, the shall be warned to stop and admonished.

(2) Where requests to stop are ignored, the bailiffs may be ordered to forcibly remove them from the courtroom.

(3) Where the circumstances are serious, after reporting to the president of the court to get permission, the offender may be fined up to 1000 Yuan or detained for 15 days or less.

(4) Where there is unauthorized audio or video recording, photography or use of email, blogs, or microblogs to transmit courtroom conditions, the recording media or related equipment may be temporarily taken.

Where participants to litigation or observers are not satisfied with a decision to fine or take into custody, they may apply for a reconsideration directly to the people's court at the level above, and may also go through the people's court making the decision to fine or take into custody to request a reconsideration from the people's court at the level above. Where the request for reconsideration is made through the people's court that decided upon the fine or custody, within three of receiving the request for reconsideration, that court shall report and transfer together the request, the written decision to fine or take someone into custody, and the relevant facts and evidence, to the people's court at the level above. The enforcement of the decision does not stop during the period of reconsideration.

Article 251:Where lawyers serving as defenders and agents ad litem who severely disrupt courtroom order and are forcibly removed from the courtroom, fined or taken into custody, the people's court shall issue a notice to the judicial administration organs and may suggest they be given a suitable punishment in accordance with law.

Article 252:Congregating to cause a disturbance, descending upon the courtroom or insulting, defaming, threatening or attacking judicial personnel or litigation participants, seriously disrupting courtroom procedures so as to constititute a crime, shall be pursued for criminal responsibility in accordance with law.

Article 253:Where a defender seriously disturbs courtroom order and is compelled out of the courtroom, fined or taken into custody, if the defendant conducts his own defense, trial continues; if the defendant requests to retain another defender or the defendant belongs to a group that should have legal assistance provided, an adjournment shall be announced.

Article 254:Where the defendant refuses his defender's defense in court and requests to separately retain a different defender or appointed lawyer, the collegial panel should approve it. Where there is no defender after the defendant refuses the defender's defense the court shall announce an adjournment; where there is still a defender, trial may continue.

In cases with multiple defendants, after some of the defendants refuse their defender's defense and have no defender, base on the circumstances of the case, these defendants may be handled in a separate case and and trial may continue for the other defendants.

Where after courtroom proceedings recommence, the defendant once again refuses his defender's defense in court, it may be permitted, but the defendant must not separately retain a defender or request another lawyer be appointed, and will conduct his own defense.

Where the defendant is a person for who legal aid shall be provided, and after trial is started anew again rejects the defenders defense, it will not be permitted.

Article 255:Where the defender refuses to defend the defendant during the course of trial at court, it shall be permitted; the preceding article is applied by reference in deciding whether to continue trial.

Article 256:Where a new defender is retained or new lawyer appointed in accordance with the provisions of the previous two articles, the defender has 15 days from the day on which court was announced adjourned to prepare the defense, unless the defendant and his lawyer are willing to reduce this time.

Article 257:In cases with multiple defendants where the circumstances provided in article 200(1) of the Criminal Procedure Law apply to some of the defendants, the people's court may suspend the trial of the entire case; or, on the basis of case conditions, it may also suspend trial of some defendants and continue trial for the others.

The defendants for whom trial has been suspended may dealt with separately in accordance with the situations of the case.

Article 258:If the people's procuratorate finds the people's court violated procedures in handling the case, and files a corrective opinion after the trial, the people's court shall adopt it if it thinks it is correct.


Chapter X: First Instance Procedures for Private Prosecutions
Article 259:People's courts accepting private prosecution cases must meet the following requirements:

(1) Meet the requirements of Article 204 of the Criminal Procedure Law and Article 1 of this Interpretation;

(2) belong to the jurisdiction of the court;

(3) The victim is prosecuting;

(4) There is a clear defendant, a clear request sought in the litigation, and evidence showing that the defendant has committed a crime.

Article 260:In cases provided for by article one of this interpretation, if the victim is deceased, has lost the capacity to act, is being compelled or coerced so as to be unable to prosecute, or has limited capacity for action due to old age, illness, blindness, deafness, muteness or other reasons and cannot prosecute for himself, and his legally-designated representative or close family members sue or initiate a prosecution on his behalf, the people's courts shall accept it in accordance with law.

A victim's legally-designated representative or close relatives initiating a prosecution or prosecuting on his behalf shall provide proof of their relationship to the victim and proof of the reason that the victim is not himself able to prosecute.

Article 261:Those raising a private prosecution shall submit a criminal self-prosecution pleading; where an attached civil lawsuit is raised at the same time, a criminal suit with attached civil lawsuit pleading shall be submitted.

Article 262:Private prosecution complaints should include the following:

(1) the private prosecutor (on behalf of the people), the defendant's name, sex, age, nationality, place of birth, education level, occupation, work, address, contact information;

(2) The time, place, means, circumstances and harmful consequences of the defendant's commission of a crime, ;

(3) specific claims;

(4) the people's court where it was delivered and the time;

(5) the name and source of evidence etc.;

(6) The names, addresses and contact information of witnesses.

Where there are two or more defendants names, copies of the private prosecution complaint shall be provided in a number corresponding with the number of defendants.

Article 263:The people's courts shall complete their review of private prosecution cases within 15 days. A decision to docket those cases meeting the requirements for acceptance shall be made upon review, and written notice given to the private prosecutor or the person prosecuting on his behalf.

In any of the following situations, the private prosecutor should be persuaded to withdraw the case; where the private prosecutor does not withdraw the case, it shall be decided not to accept it.

(1) a case provided for in article 1 of this interpretation.

(2) Lacking evidence of a crime;

(3) the statute of limitations for the crime has already passed;

(4) The defendant is dead;

(5) the defendant is missing;

(6) After the private prosecutor withdraws a case, for reasons other than insufficiency of evidence, there is a public prosecution on the same issue,

(7) Upon the people's courts' resolution of the case through mediation, the private prosecutor breaks the agreement, and there is a public prosecution on the issue.

Article 264:For private prosecutions that are already filed but upon review lack evidence of crime, and where the private prosecutor has not proposed to supplement evidence, the people's court shall convince them to withdraw the prosecution or rule that the case has been rejected; after the private prosecutor withdraws the case or has the prosecution rejected he then raises evidence sufficient to prove that the defendant is guilty and again raises a private prosecution, the people's court shall accept it.

Article 265:If the private prosecutor is dissatisfied with the ruling against accepting the case, he may appeal.

Where the second-instance people's court verifies that the first-instance court's decision not to accept a case was mistaken, it shall withdraw the original judgment and at the same time instruct the first-instance court to accept and file the case; where it is verified that the first-instance people's court's decision to reject a case was mistaken, it shall withdraw the original judgment and at the same time instruct the first-instance court to conduct trial.

Article 266:Where a private prosecutor clearly knows that their are other joint infringers but only raises a private prosecution against some of the infringers, the people's court shall accept the case and notify him of the legal consequences of abandoning the prosecution; where the private prosecutor abandons the prosecution and after the judgment is announced raises a private prosecution against the other joint infringers regarding the same matter, the people's court will not accept it.

Where only some joint victims prosecute, the people's court shall notify the other victims to participate in the prosecution, and inform those that don't participate of the legal consequences. Persons being so notified who upon notification indicate that they will not participate in the prosecution or do not appear in court will be viewed as abandoning the prosecution. Where persons who were notified raise a private prosecution regarding the same matter after the first-instance judgment, the people's court will not accept it. However, where a party separately raises a civil lawsuit it is not restricted by this interpretation.

Article 267:Where defendants have two or more offenses that are separated into public and private prosecutions, the people's court may try them together. This chapter's provisions apply to the private prosecution portions.

Article 268:Where the parties in private prosecution cannot obtain evidence for objective reasons and applies to the people's court to collect it, they shall explain the reason and provide relevant leads or materials. Where the people's court finds it necessary it shall promptly make the collection.

Article 269:Court proceedings shall be held for private prosecution cases where the facts of the crime are clear and there is sufficient evidence.

Article 270:Private prosecutions meeting the requirements for applying the simplified procedures, may apply the simplified procedures at trial.

Private prosecution cases not applying simplified procedures apply by reference the relevant provisions for first-instance public prosecutions using regular procedures

Article 271:People's courts trying private prosecutions may, on the foundation of ascertaining facts and getting to the bottom of the case, conduct mediation on the basis of the principles of voluntariness and lawfulness. Where mediation reaches an agreement, a criminal mediation document should be drafted and signed by the adjudicators and the court clerk, and the court's seal should be affixed as well. After the settlement agreement is signed by both parties, it has legal effect. Where mediation does not achieve an agreement, or the parties recant before signing the mediation agreement, a judgment should be promptly made.

Mediation is not applied in cases provided for in articles 204 (3) of the Criminal Procedure Law.

Article 272:Before the verdict is announced, the parties to a private prosecution may settle on their own accord, and the private prosecutor may withdraw the case.

Where upon review, people's courts find that a settlement or withdrawal was truly voluntary, they should rule to approve them; where finding that they were forced, performed under threat or not-necessarily voluntary, the will not be given approval.

Article 273:In private prosecutions where a withdrawal of the prosecution is allowed or where the parties settle of their own accord, if the defendant has been placed under compulsory measures, the people's court shall immediately remove them.

Article 274:If the private prosecutor has already been summoned twice and refuses to appear in court without a legitimate reason, or leaves the proceeding midway, the people's court shall rule that the prosecution is withdrawn.

Where some of the private prosecutors withdraw the case or have their case ruled as withdrawn, it does not influence the continuation of the case trial.

Article 275:Where the defendant in a private prosecution is unnacounted for, the people's court make a ruling to suspend the trial. After the defendant appears in the case, the trial should resume, and when necessary compulsory measures should be adopted against the defendant.

Article 276:In private prosecutions, a judgment shall be made referring to the relevant provisions of Criminal Procedure Law article 195 and article 241 of this interpretation; in cases where a not-guilty verdict has been pronounced in accordance with law, any attached civil lawsuits shall be mediated in accordance with law or judged along with the criminal case.

Article 277:Defendants or their legally-designated representatives may raise counter-suits against private prosecutors in the course of litigating cases requiring a complaint before prosecution and cases where the victim has evidence showing a minor crime. Counter-claims must meet the following requirements:

(1) the target of the counter-suit must be the private prosecutor of the current case;

(2) The content of the counter-suit must be relevant to the conduct of the current case.

(3) Counter-suit cases must meet the requirements of the provisions of article 1, clauses 1 and 2 of this interpretation.

Countersuits applying the provisions of private prosecutions should be tried along with the private prosecution case. Where the private prosecutor withdraws the case, it does not influence the continued trial of the counter-suit.
Chapter XI: Trial of Crimes by work units
Article 278:People's courts accepting cases of crimes by work-units, in addition to conducting a review in accordance with the relevant provisions article 180 of this interpretation, shall also review whether the indictment has listed the defendant work unit's name, ' residence and contact information; it's designated representative and primary responsible party; and the name, title and contact information of the litigation representative that will appear for the defendant work-unit in court. Where it is necessary for the people's procuratorate to supplement the materials, it shall be informed to send the supplement within three days.

Article 279:The defendant work-unit's litigation representative shall be its legally-designated representative or principle responsible party; where the legally-designated representative or principle responsible party is the executive officer directly responsible for the alleged work unit crime or is unable to appear in court for objective reasons, the defendant work-unit shall entrust another responsible person or staff member to serve as the litigation representative. Excluding, however, relevant personnel who are alleged to be other persons directly responsible for the work-unit crime, or who know the circumstances of the case and have an obligation to testify.

Article 280:In cases of work-unit crimes that will be tried at courtroom proceedings, the defendant work-unit's litigation representative shall be notified to appear in court; where no litigation representative participates in the litigation, a designation shall be requested of the people's procuratorate.

Where a work-unit defendant's litigation representative doesn't appear in court, it shall be handled according to the following distinct situations:

(1) Where the litigation representative is the defendant work-unit's legally-designated representative or principle responsible party, and refuses to appear in court without a legitimate reason, they may be place under custodial summons to appear in court; where there are reasons by which they are objectively unable to appear in court or have disappeared, the people's procuratorate shall be requested to separately designate another litigation representative.

(2) Where the litigation representative is any another staff member of the defendant work-unit, the people's procuratorate shall be requested to separately designate a litigation representative to appear in court.

Article 281:The defendant work-unit's litigation representative enjoys the procedural rights provided to defendants in the Criminal Procedure Law. When court is in session, the litigation representative is seated before the judge's bench and to the left, beside the defenders' seat.

Article 282:Where a defendant workplace has retained a defender, the relevant provisions of this interpretation are applied by reference.

Article 283:In a case that should be designated as a crime by a work-unit where the people's procuratorate has only indicted natural persons, the people's court shall suggest that the people's procuratorate make a supplementary indictment against the work-unit. Where the procuratorate still only prosecutes as a crime by natural persons, the people's court shall try the case in accordance with law , holding the directly responsible management and other directly responsible personnel criminally liable for the work-unit crime, and citing the articles from the specific provisions of the Criminal Law regarding criminal liability for directly responsible managers and other directly responsible personnel in work-unit crimes.

Article 284:The people's court shall decide to disgorge, seal, seize or freeze the defendant work-unit's unlawful gains, and the fruits of those gains, that have not yet been disgorged or sealed, seized or frozen.

Article 285:To ensure the enforcement of the ruling, the people's courts may seal, seize or freeze the property of the defendant workplace or have the workplace provide a guarantee.

Article 286:Where the defendant work-unit is dispersed, deregistered, has its business licence revoked or is declared bankrupt during the trial period, trial of the the directly responsible management and other directly responsible persons shall continue.

Article 287:Where a defendant work-unit is merged or divided during the trial period, the original work-unit shall be listed as the defendant work-unit and the circumstance of the merger or division noted. Fines assessed against the defendant work-unit are limited to its property and interest in the new work-unit.

Article 288:Relevant provisions of this interpretation are applied by reference in the trial of cases of a crime by a workplace, where this chapter has no provisions.
Chapter XII: Simplified Procedures
Article 289:After a basic level people's court accepts a public prosecution case, where upon review it finds the facts clear and the evidence sufficient, it shall ask the defendant for comments on the alleged criminal facts when a copy of the indictment is delivered to him, and notify him of the provisions on applying simplified procedures. Where the defendant has no objections to the alleged criminal facts and agrees to apply the simplified procedures, it may be decided to apply the simplified procedures, with the people's procuratorate and defender being informed before the court session.

In cases where the people's procuratorate suggests applying the simplified procedures are handled in accordance with the proceeding clause; where the requirements for applying simplified procedures are not met, the people's procuratorate shall be informed.

Article 290:Simplified procedures are not to be used in any of the following situations:

(1) The defendant is blind, deaf or mute

(2) the defendant is a mentally ill person who has not totally lost his capacity to recognize or control his behavior;

(3) There is major social impact;

(4) In a joint criminal case, some of the defendants don't admit guilt or object to the use of simplified procedures.

(5) the defendant is making an innocence defense;

(6) the defendant admits guilt, but upon review it is found that it might not comprise a crime;

(7) Other circumstances making it inappropriate to apply the simplified procedures at trial.

Article 291:In cases tried applying the simplified procedures where the requirements of Criminal Procedure Law article 34 are met, the people's court shall notify the defendant and his close relatives that they may apply for legal aid.

Article 292:In cases tried applying the simplified procedures, the people's court shall inform the people's procuratorate, private prosecutors, defendants and defenders of the time and place for the court session within three days of court session beginning, and may also notify other litigation participants.

Notification may be done in a convenient manner, but shall be recorded in the case.

Article 293:In cases applying simplified procedures where the defendant has a defender, he shall be notified to appear in court.

Article 294:In cases tried applying the simplified procedures, the chief judge or independently presiding judge shall ask in court for the defendants' comments on the alleged facts, and notify the defendant of the legal rules on applying the simplified procedures, to verify whether the defendant agrees to apply the simplified procedures.

Article 295:Cases applying simplified procedures may simplify the trial as follows:

(1) The prosecutor may read a summary of the indictment;

(2) The prosecutor, defender and adjudicators's questioning of the defendant may be simplified or skipped;

(3) If neither the prosecution nor defense objects to evidence, then only make an explanation of the the name of the evidence and what it proves; where the parties have objections or the court feels it is necessary to investigate and verify evidence, it shall be presented and debated.

(4) Where neither the prosecution nor defense has objections to facts or evidence regarding guilt or sentencing, the courtroom trial may be conducted directly around the issues of determining the charge and sentencing.

In cases applying simplified procedures the defendants final statement shall be heard before announcing the verdict.

Article 296:During trial by a single judge of cases applying simplified procedures, where it is discovered that the defendant might be sentenced to imprisonment for over 30 years, it should be changed to a collegial panel trial.

Article 297:Cases applying simplified procedures shall generally have the verdict read in court.

Article 298:Cases being tried applying the simplified procedures where any of the following circumstances appear shall be switched to ordinary procedures:

(1) the defendant's conduct might not constitute a crime;

(2) the defendant might not bear criminal liability;

(3) The defendant refutes the alleged criminal facts at court;

(4) The facts of the case aren't clear, or the evidence is insufficient;

(5) Other circumstances were simplified procedures are inappropriate or should not be used.

In cases that are switched to regular procedures, the time for trial shall be calculated from the day on which it is decided to switch to ordinary procedures.
Chapter XIII: Second-Instance Trial Procedures
Article 299:When local governments of any level announce a first-instance judgment or ruling, they shall inform the defendant, private prosecutors and their legally-designated representatives that if they are unsatisfied with the judgment they have the right to raise an appeal within the statutory time limits either in writing or orally, and either through that court or directly with the court at the level above. The defendant's defender and close relatives may also raise an appeal with the consent of the defendant. Parties to attached civil litigation and their legally-designated representatives may also raise appeals to the attached civil lawsuit portion of a judgment or ruling.

Whether the defendant, private prosecutor, parties to attached civil litigation or their legally-designated representatives raise an appeal, with their final expression before the completion of the period for appeals controlling.

Article 300:People's courts accepting an appeal shall generally have an original and copy of the appeal.

Appeals should include: the number of first instance judgment or ruling and the time at which the appellant received them, the name of the Court of first instance, the request and reason of the appeal, the time at which the appeal was raised. Where the defendant's defender or close family member raises an appeal with the consent of the defendant, he shall clearly state his relationship with the defendant and shall serve as the appellant in the name of the defendant.

Article 301:Appeals and prosecutorial counter-appeals must be raised within the statute of limitations. The statute of limitations for an appeal or counter-appeal of a judgment is 10 days, the statute of limitations for an appeal or counter-appeal of a ruling is 5 days, The statute of limitations for an appeal or counter-appeal begins to run the day after the judgment or the ruling is received.

The limitations period for an appeal or counter-appeal from an attached civil suit judgment shall follow the limitation for appeals or counter-appeals from the criminal portion. Where the attached civil lawsuit was tried separately, the limitations period for appeals shall also follow the Criminal Procedure Law.

Article 302:Where the appellant submits an appeal through the court of first-instance, the first-instance court shall review it. Where the appeal complies with the legal provisions, the petition for appeal shall be sent to the people's court one level above, along with the case file and evidence, within three days of the period for appeals becoming complete ; and a copy of the petition shall be sent to the people's procuratorate of the same level and the opposing party.

Article 303:Where the appellant directly appeals to the second-instance people's court, the second-instance court shall send the appeals petition to the first-instance court within 3 days of having received it. The first-instance people's court shall review whether the appeal complies with legal provisions. Those that comply with legal provisions shall be sent to the people's court one level above, along with the case file and evidence, within three days of receiving the petition; and a copy of the petition shall be sent to the people's procuratorate of the same level and the opposing party.

Article 304:Where the appellant requests to withdraw within the statutory period, the people's court shall allow it.

Article 305:Where the appellant requests to withdraw his appeal after the statutory period is complete, the court of second-instance shall review the request. Where upon review it is found that the facts ascertained and application of law in the original judgment were correct and the sentencing appropriate, the withdrawal of the appeal shall be permitted; but here it is found that the facts in the original judgment were unclear, the evidence insufficient, or in circumstances such as a not-guilty judgment being treated as a guilty verdict or a minor crime being harshly sentence, it shall not be approved and trial shall continue shall continue in accordance with the appeal.

Where an appeal is raised by a defendant sentenced to death with immediate enforcement, if he applies to have the application withdrawn after the second-instance court has begun trial, it shall not be permitted and trial shall continue in accordance with the appeal.

Article 306:All levels of local procuratorates' counter-appeals against a people's first instance judgment shall proceed through submission of written counter-appeal to the first-instance court. The first-instance people's court shall send the written counter-appeal together with the case file and evidence to the fist-instance court within 3 days of the completion of the period for counter-appeals, and send a copy to the parties.

Article 307:Where within the time period for a counter-appeal, the people's procuratorate withdraws its prosecutorial counter-appeal, the first-instance people's court no longer transfers the case to the people's court at the level above; where the prosecutorial counter-appeal is withdrawn after the period for prosecutorial appeals is completed but before the second-instance court has announced it's judgment, the second-instance court may rule to allow it and notify the first instance people's court and parties.

Article 308: Where an appeal or counter-appeal is withdrawn before the completion of the period for appeals or counter-appeals, the first instance judgment or ruling become effective on the date at which the period for appeals and counter-appeals is complete. Where after the completion of the period for appeals and counter-appeals is complete there is a request to withdraw an appeal or counter-appeal, and the second-instance court rules it permissible, the first-instance judgment or ruling shall take effect from the date on which the second-instance court's ruling is delivered to the appellant or counter-appealling agency.

Article 309:The second-instance court shall review a case file and evidence transferred from the first-instance court on appeal or counter-appeal for the following content:

(1) The letter of transfer on appeal or counter-appeal;

(2) The appeal petition or counter-appeal cerificate;

(3) Eight copies of the first-instance opinion or ruling (with one additional copy for each additional defendant) and an electronic copy;

(4) The complete case and evidence including the trial report and other materials that should be sent.

Where the materials listed in the preceding clause are complete, the people's court of the second instance shall accept the case; where the materials are not complete, the first-instance court shall be notified to promptly send the remaining materials.

Article 310:Second-instance people's courts trying appeals or counter-appeals shall conduct a comprehensive review of the facts determined and law applied by the first-instance court, unrestricted by the scope of the appeal or counter-appeal.

Article 311:In cases of joint crimes where only some of the defendants appeal or a private prosecutor only appeals the judgments against some defendants, or the people's procuratorate only counter-appeals the judgment against some defendants, the second-instance court shall review it all together and handle it at once.

Article 312:In joint criminal cases where a defendant appellant has died and other defendants have not appealed, the second-instance people's court should still review the entire case. Where upon review, the deceased defendant has not committed a crime, he shall be pronounced not-guilty; where he is found to committed a crime, trial shall be terminated. Judgments or rulings shall still be made for all other defendants in the joint case.

Article 313:In criminal cases with attached civil lawsuits, where only the parties to the attached civil suits and their legally-designated representatives appeal, the second-instance people's court shall conduct a review of the entire case. Upon review, where there is nothing improper in the criminal portion of the first-instance judgment, the second-instance people's court need only make a disposition of the attached civil lawsuit; where the facts were clear and the law correctly applied in first-instance judgment portion's regarding the attached civil lawsuit, the original judgment in the criminal suit and attached civil litigation shall be rule upheld and the appeal dismissed.

Article 314:In cases where there is an attached civil lawsuit to a criminal case, and only the parties to the attached civil litigation or their legally-designated representatives appeal, the criminal portion of the first-instance judgment shall take effect when the period for appeals is complete.

Where a first-instance criminal defendant who shall be sent to prison for enforcement of his sentence is the defendant in a second-instance attached civil lawsuit, his delivery for enforcement may be delayed until the conclusion of trial in the attached civil litigation.

Article 315:Review of the following content shall be emphasized in appeals and counterappeals:

(1) Whether or not the facts verified in the first-instance judgment are clear and whether or not the evidence is reliable and sufficient;

(2) Whether or not the first-instance court correctly applied the law, and whether or not the sentence was proper;

(3) Whether or not there were any violations of statutory procedures during the investigation, review for prosecution or first-instance procedures;

(4) Whether or not the appeal or counter-appeal has raised new facts or evidence;

(5) The circumstances of the defendant's confessions and justifications;

(6) Whether the defenders opinion had been adopted ;

(7) Whether the part of the ruling on the attached civil lawsuit was lawful and appropriate;

(8) The deliberation opinions of the first-instance people's court's collegial panel and adjudication committee.

Article 316:In addtion to defending himself during the second-instance trial, the defendant may , continue to retain his defender from the first-instance trial or separately retain a new defender for his defense.

In joint criminal cases, where only some of the defendants raise an appeal, where a private prosecutor only appeals the judgment against some of the defendants, or where the people's procuratorate only raises a prosecutorial counter-appeal against some of the defendants, other defendants in the same case may also retain a defender for their defense.

Article 317:In the following cases, courtroom proceedings shall be held based on the provisions of Criminal Procedure Law article 223, paragraph 1:

(1) Cases where the defendant, private prosecutor or their legally-designated representatives raise objections to the verified facts or evidence from the first-instance trial, that might influence judgment or sentencing.

(2) Appeals from the defendant having been given a sentence for immediate enforcement;

(3) Cases in which the people's procuratorate is counter-appealing ;

(4) Other cases that should be tried in courtroom proceedings.

In cases where a defendant given a death sentence for immediate execution has not appealed, but other defendants in the same case have appealed, the second-instance people's court shall hold courtroom proceedings.

In cases where the defendant appeals a suspended death sentence, even though it doesn't fit within the the first item of paragraph 1, it shall be tried in court where the resources exist.

Article 318:Where upon review the second-instance people's court finds that the original judgment in either an appeal or prosecutorial counter-appeal case had unclear facts, insufficient evidence, or had violations of statutory litigation procedures as provided in article 227 of the Criminal Procedure Law, and that it needs to be returned for new trial, it may choose to hold in-court proceedings.

Article 319:Where the people's procuratorate, defendant or his defender submit new evidence during the time period for the second-instance trial, the people's court shall promptly notify the other side to read it, and make copies or reproductions.

Article 320:In second-instance public prosecutions with in-court proceedings, the prople's procuratorate shall be promptly notified to review the case file , after the decision is made to hold in-court proceedings. From the second-day after they are notified, the people's procuratorate's time reviewing the case file will not be calculated into the trial period.

Article 321:When holding proceedings for an appeal or counter-appeal in a public prosecution case, the people's procuratorate at the same level shall be notified to send someone to participate.

In prosecutorial appeals where after receiving notice of in-court proceedings, the people's procuratorate does not appoint someone to appear in court after receiving notice and does not explain the reasons, the people's court may decide to treat the case as a withdraw of the appeal by the procuratorate and notify the the first-instance court and parties.

Article 322:In appeals or prosecutorial appeals with in-court proceedings, in addition to applying the relevant provisions of the first-instance procedures by reference, the provisions listed below shall be followed:

(1) In the courtroom investigation phase: after adjudicators read out the first-instance trial opinion or ruling; or in an appeal, after the appellant or his defender read out the petition or state the reason for appeal; or after the procurator reads out the complaint in a prosecutorial appeal; if there are both appeals and prosecutorial appeals, the procurators first read out the complaint and the appellant or his defender then reads the petition for appeal or an explanation of the reason for appeal.

(2) During the courtroom debate phase: in appeals, the appellant or his defender speak first and then the procurator or agent ad litem speak. In prosecutorial appeals, the procurator or agent ad litem speaks first and then the defendant and his defender speak. IF there are both appeals and prosecutorial appeals, the procurator and agent ad litem speak first and then the appellant and defender speak.

Article 323:Appeals and prosecutorial appeals cases being tried in-court may be focussed around the portions of the first-instance judgment or ruling that has controversial issues or portions in doubt. On the basis of case circumstances, the trial may follow the methods below:

(1) The reading of the first instance instance judgment may be limited to information such as the cause of action, the principle facts , the names of the evidence and the principle text of the opinion;

(2) the courtroom investigation shall be conducted focusing on facts and evidence which gave rise to objections against the first-instance judgment, as well new evidence submitted and other such matters. Facts, evidence and circumstances for which there are no objections may be directly affirmed.

(3) It may be opted not to again summon defendants in the same case who have not appealed and witnesses for whom there is no application to appear or where the court feels it is not necessary for them to appear,

(4) In cases where the defendant has multiple crimes, it may be opted to not hear those crimes for which the facts are clear and there are no objections , during the courtroom hearing.

Where a defendant in the same case who has not raised an appeal, and the procuratorate has also not raised a prosecutorial appeal against him, requests to appear in court, it shall be permitted. Defendants so appearing may participate in courtroom investigation and debate.

Article 324:Where the second-instance trial is lawfully not held in-court, the defendant shall be interrogated and the opinions of the other parties, defenders and agents ad litem shall be heard. All members of the collegial panel shall read the case file and when necessary shall submit written comments on their reading of the file.

Article 325:In trying an appeal submitted by the defendant, his legally-designated representative or close relatives, the defendant's punishment must not be increased and the the following provisions shall be followed.

(1) Where in the same case only some of the defendants appeal, not only must the appellants sentence be increased, but the sentences of the other defendants in the cases' must also not be increased;

(2) Where the original judgments facts were clear and its evidence reliable and sufficient, and only the charge was inappropriate, the charge may be changed, but the sentence must not be increased;

(3) Where the original judgment gave the defendant a cumulative sentence for multiple crimes, that sentence, and also the sentence for any individual offense, must not be increased.

(4) Where the original judgment gave the defendant a suspended sentence, the suspended sentence must not be withdrawn or the period for the suspended sentence extended.

(5) Where the original judgment did not give an injunction, one may not be added; where an injunction was ordered, it must not have content added or be extended;

(6) Where the original judgment gave a suspended death penalty and did not place limits on reducing the sentence, limits on reducing the sentence must not be added.

(7) Where the facts in the original judgment are clear and the evidence credible and sufficient, but the sentence is abnormally light or a supplementary punishment should have been applied but was not; the sentence must not be directly increased or a supplementary punishment directly added, and it may also not be returned to the first-instance people's court for new trial on the grounds that the facts are unclear or the evidence insufficient. Where it is necessary to change a judgment in accordance with law, it shall be retried in accordance with the trial supervision procedures after the the second-instance judgment or ruling takes effect.

Cases where the procuratorate raises a prosecutorial appeal or the private prosecutor appeals, do not follow the limits provided in the previous clauses.

Article 326:Where the people's procuratorate only raises a prosecutorial appeal on the judgment against some of the defendants, or a private prosecutor only appeals the judgment against some of the defendants, the second-instance court must not increase the sentences of the other defendants in the same case.

Article 327:In cases where the defendant, his legally-designated representative, defender or close family members appeal and the second-instance court remands for new trial, unless there are new criminal facts and the people's procuratorate supplements its indictment, the original people's court must not increase the defendant's sentence.

Article 328:In cases where the facts are unclear or the evidence insufficient and the second-instance people's remands for a new trial; if after the original court makes a new judgment, the defendant appeals or the people's procuratorate raises a prosecutorial appeal, the second-instance court shall make a judgment or ruling in accordance with law, but must not remand for new trial again.

Article 329:A second-instance people's court discovering that during retrial the original court had one of the circumstances provided for in article 227 of the Criminal Procedure Law or violated the provisions of article 228, shall rule to revoke the original judgment and remand for new trial.

Article 330:Second-instance people's courts hearing appeals or prosecutorial appeals against the criminal portion of a case for which the attached civil portion has already taken legal force, and discovering that there is a mistake in the attached civil lawsuit portion of the first-instance judgment or ruling, shall follow the trial supervision procedures to make corrections to the attached civil portion.

Article 331:Second-instance people's courts hearing cases of an appeal raised against the attached civil portion of a judgment where the criminal portion has already taken legal force, that discover that their are truly errors in the criminal portion of first-instance court's judgment or ruling, shall follow the trial supervision procedures to conduct a retrial of the criminal portion and also try the attached civil lawsuit along with the criminal portion.

Article 332:Where the plaintiff from the first-instance trial's attached civil lawsuit adds an independent claim or the defendant from the first-instance attached civil lawsuit raises a counter-claim, the second-instance peoples court may conduct mediation on the basis of the principles of voluntariness and lawfulness; if the mediation does not succeed, notify the parties to file suit separately.

Article 333:When necessary, second-instance private prosecution cases may be mediated, and the parties may also settle of their own accord. If a case is concluded through mediation, a mediation agreement shall be drafted and the first-instance judgment or ruling viewed as automatically revoked; where the parties settle of their own accord, a judgment shall be made to permit the revocation of the private prosecution and revoke the first-instance judgment or ruling.

Article 334:During the second-instance trial,where the parties in a private prosecution submit a counter-claim, they shall be informed to separately prosecute.

Article 335:Second-instance people's courts may entrust a first instance people's court to announce a verdict and deliver the second-instance opinion or ruling to the parties The first-instance people's court shall send the announcement record to the second-instance court within 5 days of having announced a verdict on its behalf and also send the second-instance court a record of delivery after the deliveries are completed.

Where the announcement of the verdict is entrusted, the second-instance people's court shall deliver the second-instance judgment or ruling directly to the procuratorate at the same level.

Chapter XIV: Approval of Punishments below the Statutory Penalty and Special Parole
Article 336:Cases submitted to the Supreme people's court for review and approval of a punishment outside the statutory minimum shall be handled in accordance with the following circumstances:

(1) Where the defendant has not appealed and the people's procuratorate has not raised a prosecutorial appeal, submit the situation to the people's court at the level above for review within 3 days after the completion of the period for appeals or prosecutorial appeals. If the people's court at the level above agrees with the original judgment, it shall report in writing to the Supreme People's Court for review and approval ; if it does not agree, it shall rule to remand for new trial or change the jurisdiction and retry it following first-instance procedures. Where the original judgment was issued by a basic level court, high people's courts may designate a people's court to retry it in accordance with the first-instance trial procedures;

(2) Where the defendant appeals or the people's procuratorate raises a prosecutorial appeal, it shall be tried in accordance with the second-instance procedures. If after the second-instance trial maintains or changes the original judgment, the punishment is still below the statutory punishment, the previous clause shall be followed in reporting to the Supreme People's Court for review and approval.

Article 337:Cases submitted to the Supreme People's Court for review and approval of a punishment below the statutory minimum shall include five copies of the judgment and of the report requesting approval, as well as the entire case file and all evidence.

Article 338: If the Supreme People's Court approves a case where the punishment is less than the statutory minimum, it shall issue an approval document; if it does not approve, it shall issue a non-approval document and revoke the original judgment or ruling, and remand to the original people's court for new trial or designate a another people's court at a lower level for new trial.

Article 339:In cases following the provisions of articles 336 and 338 of this interpretation to remand to the second-instance people's court for new trial, the second-instance people's court may directly change the judgment; in those that require in-court proceedings to clarify facts, verify evidence or correct procedural violations in the original trial, should be tried in-court.

Article 340:The provisions of Article 232 of the Criminal Procedure Law may be applied by reference as to the time period for the Supreme People's Court and higher level people's courts to review a punishment below the statutory minimum penalty,

Article 341:Parole case submitted to the Supreme People's Court for review and approval of the prisoner's having special circumstances causing him to not be restricted during the period of enforcement shall be handled according to the following distinct circumstances:

(1) After an intermediate people's court makes a parole ruling in accordance with law, it shall report it to a high people's court for review. Where the high people's court agrees, it shall report the case in writing to the Supreme People's Court for review and approval; where it does not agree, it shall rule to revoke the intermediate court's parole ruling.

(2) High people's courts making parole rulings in accordance with law shall report to the Supreme People's Court for review and approval.

Article 342:Parole cases submitted to the Supreme People's Court for review and approval of the prisoner's having special circumstances causing him to not be restricted during the period of enforcement shall include five copies of the case report for approval, the report on the criminals' having special circumstances and the parole ruling, as well as the entire case file.

Article 343:Where the Supreme People's Court approves a parole case where the prisoner will not be restricted during the period of enforcement because of special circumstances, it shall issue an approval document; where it does not approve, it shall issue a non-approval document and revoke the original ruling.
Chapter XV: Review Procedures for Death Penalty cases
Article 344:Cases reported to the Supreme People's Court for review of a death sentence shall be handled according to the following distinct situations:

(1) First-instance cases in which an intermediate court has given a death sentence and defendant has not appealed and the people's procurate has not raised a prosecutorial appeal, shall be submitted to a high people's court for review within 10 days after the completetion of the period for appeals. Where the high court agrees to the death sentence, it shall submit the case to the Supreme People's Court for review and approval within 10 days of having issued the ruling; where it does not agree, it shall try the prisoner following second-instance procedures or remand for new trial.

(2) In first-instance cases in which an intermediate people's court has given a death sentence, and either the defendant appeals or the people's procuratorate raises a prosecutorial appeal, where the high people's court rules to sustain, it shall submit the judgment to the Supreme People's Court within 10 of having issued the ruling.

(3) First-instance cases in which an intermediate court has given a death sentence and defendant has not appealed and the people's procuratorate has not raised a prosecutorial appeal, shall be submitted to the Supreme People's Court for review within 10 days after the complettion of the period for appeals.

High courts reviewing death penalty cases shall interrogate the defendant.

Article 345:In first-instance cases where an intermediate people's court gives a suspended death sentence and the defendant has not appealed nor has the people's procuratorate raised a prosecutorial appeal, it shall be reported to the high people's court for review.

In cases where high people's courts are reviewing a suspended death sentence, they shall interrogate the defendant.

Article 346:Reporting on review of death sentences and suspended sentences shall be done with one case per report. The materials sent shall include five copies of the report requesting review, the first and second-instance judgments and the comprehensive death penalty case report, as well as the entire case file and all evidence. Digital versions of the comprehensive death penalty case report and the first and second instance judgments and trial reports, shall also be sent.

Cases tried together shall have the entire case file and evidence reported.

In cases previously returned for new trial, the original first and second instance case files shall be sent in together.

Article 347:The report in a request for review shall clearly state the origin of the case, a summary of the circumstances of the case, the procedural history, and judgment.

The comprehensive report on a death penalty case shall include the following:

(1) the basic situation of the accused, victims. Where the defendant has a criminal record or has received an administrative punishment, it shall be clearly stated;

(2) the origin of the case and procedural history. Where the case has previously been sent back for new trial, the reason, time and case number for this shall be clearly stated;

(3) The circumstances of the investigation that broke the case. Where a case was broken and the defendant caught by use of technical investigative measures, it shall be clearly stated, as well as circumstances of voluntary surrender or meritorious contribution;

(4) the circumstances of the fist-instance trial. This includes the opinions of the prosecution and defense, the facts verified by the first-instance trial, and the opinions of the first-instance trial's collegial panel.

(5) The circumstances of second-instance trial or Supreme Court review. This includes the reason for an appeal, the procuratorate's opinions, facts verified in the second-instance trial or high people's court review, the circumstances and reasons for admitting evidence, and the opinions of the prosecution and defense and whether they were adopted;

(6) issues that require explanation. This includes the circumstances of judgment and sentencing of another case arising out of the same joint crime, whether or not the case has great societal impact, as well as other circumstances such as the reaction of the parties;

(7) Opinions of handling. Clearly state the collegial panel's and adjudication committee's opinons.

Article 348:The following content shall be fully reviewed in cases for review and authorization of the death penalty or suspended death penalty:

(1) The defendant's age, whether the defendant has the capacity for criminal responsibility, whether the defendant is a pregnant woman;

(2) Whether the facts determined in the original judgement are clear, whether the evidence is reliable and sufficient;

(3) The circumstances of the crime, the consequences and the degree of harm;

(4) Whether the law applied in the original judgment was correct, whether it is necessary to give a death sentence, whether it must be immediately implemented;

(5) Whether there are any statutory or discretionary aggravating, mitigating , or commutating sentencing circumstances;

(6) whether litigation procedures were lawful;

(7) Other circumstances that should be reviewed.

Article 349:In cases of suspended death sentences reviewed by the high courts they shall follow according to the following distinct situations:

(1) where the facts and applicable law identified in the original trial are correct, the sentencing is proper and the litigation procedures lawful, it shall be approved;

(2) Where a factual point or application of law in the original judgment is flawed, but there is nothing improper in sentencing the defendant to a suspended death sentence,a judgment or ruling of approval may be made after corrections;

(3) Where the facts verified in the original judgment are correct, but there is a mistake in the applicable law or the sentence is too severe; the judgment shall be changed.

(4) Where the facts are unclear and the evidence insufficient in the original judgment, it may be decided to not approve, to revoke the original judgment and remand for new trial, or change the judgment in accordance with law.

(5) Where new facts or evidence that influences conviction or sentencing appear during the review period, it may be decided to not grant approval, to revoke the original judgments and remand for new trial, or to change the judgment after trial in accordance with article 220 of this interpretation.

(6) Where the original judgment violated litigation procedures and might influence the fair trial, it shall be decided to not approve, to revoke the original judgment and to remand for new trial.

In cases where a high people's court reviews a suspended death sentence, the defendant's penalty must not be increased.

Article 350:In cases where the Supreme People's court reviews a death sentence, it shall be handled according to the following distinct circumstances:

(1) where the facts and applicable law identified in the original trial are correct, the sentencing is proper and the litigation procedures lawful, it shall be approved;

(2) Where the original judgment verified certain specific facts or cited legal provisions that are flawed, but there is nothing improper in the decision to sentence the defendant to death, a approval judgment or ruling may be released after corrections.

(3) Where facts in the original judgment are unclear and the evidence insufficient, a ruling shall be made to not approve, to revoke the original judgment and remand for new trial.

(4) Where new facts or evidence that influence the verdict or sentencing appear during the period for review, a ruling shall be made not to approve, to revoke the original judgment and to remand for new trial.

(5) Where the facts verified in the original judgment are correct, but a death penalty should not have been given in accordance with law, a ruling shall be made to not approve, to revoke the original judgment and to remand for new trial.

(6) Where the original judgment violated litigation procedures and might influence the fair trial, it shall be decided to not approve, to revoke the original judgment and to remand for new trial.

Article 351:In multiple offense cases where a single person has two or more crimes given a death sentence, where after review the Supreme People's Court finds that the facts are unclear and evidence insufficient for some of the death penalty judgments or rulings, it shall not give approval for the entire case, revoke the original judgment and remand for new trial; where it is found that the facts are correct for some of the death sentences but that the a death sentence should not have been given in accordance with law, the judgment may be changed and a judgment made to approve the other death death sentences that should have a death sentence.

Article 352:In cases where two or more defendants are given a death sentence, where after the Supreme People's Court's review it is found that the facts are unclear and evidence insufficient for some of the defendants' death penalty judgments or rulings, it shall not approve the entire case, revoke the original judgment and remand for new trial; on a finding that facts determined by the death penalty ruling or judgment against some of the defendants are correct, but that the death penalty should not be applied in accordance with law, the judgment may be changed and a judgment made to approve the death sentences given to the other defendants.

Article 353:Where the Supreme People's Court makes a decision not to approve a death sentence, it may, based on the circumstances of the case, remand to the second-instance or first-instance people's court for retrial.

Where the first-instance people's court retries, it shall hold court proceedings. Where the second-instance people's court retries, it may directly change the judgment, where it is necessary to hold court proceedings to clarify the facts, verify evidence or correct procedural violations from the original trial, court proceeding will be held.

Article 354:After high people's courts have trial following the review procedures and submit the case to the Supreme People's Court for review and approval of the death sentence, if the Supreme People's Court rules not to approve and remands to the high people's court for retrial, the high people's court may follow the second-instance procedures at trial or remand for new trial.

Article 355:In cases where the Supreme People's Court rules not to approve a death sentence and remands for new trial, the first people's court shall separately organize a collegiate panel for trial, except as otherwise provided by articles 350(4),(5) of this interpretation.

Article 356:Where during the period of death penalty review, the defense attorney requests to express his opinions in person, the Supreme People's Court, the relevant collegial panel of the Supreme People's Court shall hear his opinions in a workplace setting, and create a record; where the defense attorney provides written opinions, the shall be attached to the file.

Article 357:Where the Supreme People's Procuratorate provides opinions during the period for death penalty review, the Supreme People's Court shall review them and give feedback as to whether they were adopted and why to the Supreme People's Procuratorate.

Article 358:In accordance with the relevant rules, the Supreme People's Court shall notify the Supreme People's Procuratorate of the result of the review in death penalty cases.
Chapter XVI: Securing, seizing and freezing of assets and its handling
Article 359:The people's court's shall safe keep the defendant's property and it's yields that have have been sealed, seized or frozen, and make a list of this to be attached to the case file for future reference; for defendant's property and its yields that have been transferred along with the case by the people's procuratorate, the court shall safekeep it after having verified it against the list of property. No unit or individual shall be allowed to misappropriate it or personally dispose of it.

In sealing immovable property, cars, boats, aircraft or other such property, the title shall be seized, and after making a photograph or video recording or it, it shall be sealed in situ or given to the person in possession or defendant's close relatives for safekeeping, registered and and specific information such as the property's name, model number, ownership and address clearly stated, and notify the departments responsible for property registration and management to take care of the seizure and registration formalities.

Seized items, shall be registered and information such as the item's name, model number, specifications, quantity, weight, quality, purity, color, condition, defects, identifying characteristics and origins clearly stated. Seizure of currency or marketable securities shall be registered and information such as the currency or security's name, amount, and denominations clearly stated; currency shall be deposited in a special account bank, and the name and content of the bank's certificate of deposit registered. In seizing cultural relics, gold and silver, jewels, valuable artwork or other valuables and contraband, it shall be photographed, and where appraisal is needed, it shall be promptly appraised. Seized items shall be promptly valued in accordance with relevant regulations in a timely manner.

In freezing accounts, remittances, bonds, stock shares, shares in funds and other such property, it shall be registered and information such as the serial numbers, types, value, count, value clearly stated.

Article 360:Where ownership is clear, the victim's lawful property shall be promptly returned in accordance with law, but must be photographed, appraised, and valued, and the reason for it's return noted in the case file the photograph of the original item, the list of items, and the victim's receipt formalities placed in the file for future reference; where ownership is unclear, after the court's judgment or ruling takes effect it shall be returned pro rata among the victims, excluding those who already received restitution.

Article 361:Where during the trial period, the owner applies to sell bonds, stocks, fund shares or other such property which has been seized or frozen, and upon review, the people's court feels it does not harm state interests, the victim's interests or influence the normal conduct of the proceedings, or where the validity period for seized or frozen bills of exchange, promissory notes or checks is almost complete, they may be lawfully sold before the judgment or ruling takes effect and the people's court will safekeep the proceeds and promptly notify the parties or their close relatives.

Article 362:Objects being used as evidence, including currency or marketable securities, shall be sent along with the case. Where after the first-instance judgment or ruling is announced, the defendant appeals or the people's procuratorate raises a prosecutorial counter-appeal, the first-instance people's court shall transfer the above evidence to the second-instance people's court.

Article 363: For objects not suitable to be transported, the following content shall be reviewed according to the circumstances:

(1) bulk items and items which are inconvenient to transport-- whether or not the organ doing the sealing or seizing has sent the list of items it sealed and seized along with the case and has attached pictures of the item and the storage formalities, and noted the location and other storage information;

(2) items vulnerable to rot and mildew or difficult to store-- whether or not the organ doing the sealing or seizing has, after selling the items, sent information such as pictures of the items, an item list, and the proof of sale (photocopy) along with the case;

(3) firearms and munitions or toxic, flammable and explosive materials and other contraband or dangerous goods-- whether or not the organ doing the sealing or seizing has, after disposing of the items in accordance with relevant provisions, sent information such as photos of the original item and a list of the items along with the case.

Where materials unsuited for transfer described above shall be appraised or valued in accordance with law,it shall also be reviewed whether the appraisal evaluation or valuation is attached.

Where currency or marketable securities that have been sealed or seized have not been transferred, whether their photograph, item list or other documents of proof are attached shall also be reviewed.

Article 364:During the course of the court trial, property that has been sealed, seized or frozen, and its yields, shall be investigated as to the circumstances of its ownership, whether it is unlawful gains,and whether there is other property involved in the case that shall be disgorged in accordance with law.

Where persons outside the case raise objections to the ownership (title) of property that has been sealed, seized or frozen, and its yields, the people's court shall review and handle it in accordance with law.

Where upon review it cannot be verified that the sealed, seized or frozen property and its yields are unlawful gains or other property involved in the case that should be disgorged, it must not be confiscated.

Article 365:The name, amount, number, location, and disposition of property that has been sealed, seized or frozen shall be clearly stated in the written opinion. 涉案财物较多,不宜在判决主文中详细列明的,可以附清单。

Where property involved in the case is not transferred with the case, this shall be clearly stated in the written opinion and it shall be clearly stated that the organ doing the sealing, seizing or freezing is responsible for handling it.

Article 366:Where upon review sealed, seized or frozen property is truly unlawful gains or other property involved in the case that should be disgorged in accordance with law, it shall be ruled to return it to the victim or confiscated and given to the national treasury, except where otherwise provided by law.

When ruling to return property involved in the case to victims, the victims shall be notified to claim it; where no one claims it, notice shall be made by public announcement; where no one claims it after 3 months, it shall be handed over to the state treasury; where after it has been handed over to the state treasury, someone claims it, and upon review it is verified, an application shall be made to recall it from the treasury and return it; where the original item has already been auctioned or sold, the proceeds shall be returned.

In cases of violations of state owned property where the victim work-unit has already been terminated and there is no successor to its rights and interests, or where the losses have already been offset after verification, the sealed, seized or frozen property and its yields shall be transferred to the state treasury.

Article 367:The first-instance people's court is responsible for handling property and its yields that are transferred along with the case or that the people's court has sealed or seized , after the judgment takes effect.

Where property was not transferred with the case, the people's court shall, within 10 days of the judgment taking effect, send the written opinion or ruling to the sealing or seizing organ and inform it to send back the enforcement receipt within one month.

Article 368:Where judgment is made to confiscate frozen accounts, remittances, bonds, stocks, fund shares and other such property, the first-instance people's court shall, after the judgment becomes effective send the opinion or ruling to the relevant financial organization and finance departments, notify the relevant to financial organization to hand it over to the state treasury in accordance with law and send back the proof of receipt from the state treasury and the enforcement receipt within 15 days of receiving the enforcement notice.

Article 369:Property that has been sealed, seized or frozen that has no connection with the case but has already been included in the items list, shall be handled by the sealing, seizing or freezing organ.

Where property that has been sealed, seized or frozen is lawfully owned by the defendant, it shall be promptly returned to the defendant after the victim's losses have been compensated and financial penalties have been enforced; where the property was not transferred with the case, the sealing, seizing or freezing organ shall be notified to send the portion for compensating victims' losses and enforcing financial penalties to the people's court.

Article 370 Where this interpretation does not provide for sealed, seized or frozen property or its disposition, the relevant provisions of laws and other judicial interpretations are applied by reference.
Chapter XVII: Procedures for Supervision of Trial
Article 371:Where the parties, their agents ad litem, or close relatives raise a complaint on a judgment or ruling that has already taken effect, the people's court shall review and process it.

Where a complaint is raised by people outside the case who feel that a judgment or ruling which has already taken effect harms their lawful rights or interests , the people's court review and process it.

A lawyer may be retained to conduct complaints.

Article 372:Complaints to the people's courts shall provide the following materials:

(1) Complaint Petition. Shall clearly state the party's basic situation, contact information as well as the facts and reason for the complaint;

(2) of the original first and second instance judgments, rulings and other such legal instruments. Upon the people's court's review or retrial, the notice of rejection, call for retrial, retrial judgment or ruling shall be attached;

(3) Other relevant materials. Where a complaint is based on new evidence used to show that the facts verified in the original judgment or ruling were actually mistaken, the relevant evidentiary materials shall be attached as well; and those applying to the people's court to collect evidence shall also attach relevant leads or materials.

Where the complaint does not meet the requirements of the preceding clause, the people's court shall inform the complainant to supplement the materials; where the appellant refuses to supplement necessary materials without just cause, it will not be review.

Article 373:Complaints shall be reviewed and handled by the court of final appeals. However, in cases where second-instance people's courts rule to permit to withdrawal of an appeal, and a complainant raises a complaint as to the first-instance judgment, the first-instance people's court may review and handle it.

The people's court at the level above may inform the complainant to raise a complaint to the court of last appeal where the compaint has not yet been reviewed and handled by the court of last appeal, or directly give it to the court of last appeal for review and handling and notify the complainant; where case is difficult, complicated or significant, it may also directly review and handle it.

For complaints that are directly filed with the people's court at the level above, which have not been reviewed and handled by the court of final appeal and the court at the level above that, the court at the level above may inform the complainant to raise it with the court at the level below.

Article 374:Complaints in death penalty cases may directly reviewed and handled by the court originally approving it, or may also be reviewed by the people's court to first try the case. The people's court of original judgment shall write out a report of its review and submit comments on handling, to report up to the originally approving people's court for review and handling.

Article 375:A decision should be issued within 3 months for complaints that have been filed and accepted, and must not exceed 6 months at the latest.

Where upon review, there are any of the following circumstances, a decision for retrial shall be made in accordance with article 242 of the Criminal Procedure Law:

(1) Where there is new evidence showing that the facts verified in the original judgment or ruling were truly in error, and might influence conviction or sentencing determinations;

(2) The evidence on which the verdict and sentencing are based is not credible and sufficient or should be excluded in accordance with law;

(3) There are conflicts between the principle pieces of evidence proving the case facts.

(4) The primary factual basis has been changed or revoked in accordance with law;

(5) There is an error in the crime charged;

(6) The sentence is clearly improper;

(7) there is a violation of the provisions on retro-activity;

(8) violation of legal provisions on litigation procedures that could influence the justness of a ruling;

(9) While hearing the case, adjudicators were corrupt or took bribes, used acted for personal gain, or abused the law in a capricious and arbitrary manner.

Where the complaint doesn't not have any of the above circumstances the complainant shall be persuaded to withdraw the complaint; those that still persists in complaining shall be notified in writing that it is rejected.

Article 376:In any of the following circumstances, evidence that might change the facts relied on by the original judgment in ruling on conviction or sentencing, shall be held to be 'new evidence' as provided for in article 242 (1) of the Criminal Procedure Law.

(1) evidence newly discovered after the original judgment or ruling takes effect;

(2) Evidence that was discovered before the original judgment or ruling took effect, but that was not collected;

(3) Evidence that was already collected before the original judgment or ruling took effect, but was not verified and debated;

(4) Records such as of evaluations, inspections or examinations on which the original judgment was based or other evidence has been changed or refuted.

Article 377:Where the complainant is unsatisfied by the rejection, he may apply to the people's court at the level above. Where the people's court at the level above, upon review, finds that the complaint does not meet the requirements of article 242 of the Criminal Procedure Law and article 375, clause 2, of this interpretation, the complainant shall be persuaded to withdraw the complaint; where they still persist in the complaint, it shall be rejected or notice given that a new trial is denied.

Article 378:Where presidents of people's courts at any level discover that a judgment or ruling that has already taken effect is truly in error, it shall submit it to the adjudication committee for discussion on whether or not to retry.

Article 379:Where the people's court at the level above discovers that the ruling or judgment of a people's court at the level below that has already taken legal effect is truly in error, it may order the people's court at the level below to try it again, or where there are circumstances making it innapropriate for the original people's court to hear the case, it may also bring the case to court.

Where the people's court above orders the people's court below to retry a case, it shall generally order a people's court other than the people's court for the original trial to retry the case; where it is more advantageous to clarifying the facts and correcting mistaken judgments for the people's court for the original trial to try the case, it may be ordered to try it.

Article 380:In cases were the people's procuratorate raises a prosecutorial appeal in accordance with the trial supervision procedures, the people's court shall file the case within one month of receiving the petition for prosecutorial appeal. however, in any of the following circumstances, it shall be handled on the basis of differing circumstances.

(1) Cases that are not within that court's jurisdiction shall be returned to the people's procuratorate;

(2) Where the petition for prosecutorial appeal cannot be delivered to the defendant of the original trial who is the subject of the appeal at the address provided in the petition, the people's procuratorate shall be notified within 3 days to newly provide an address for the defendant of the original trial; and if it is not provided for an extended time, return the case to the people's procuratorate.

(3) Where a prosecutorial appeal is raised because of new evidence, but the relevant evidentiary materials are not attached or the attached evidence isn't directed at the allegations in the original indictment, the people's procuratorate shall be notified to send the relevant materials within three days; if they do not send them for an extended period, the case sent back to the people's procuratorate.

In cases where a prosecutorial appeal is returned and the people's procuratorate, upon having supplemented the relevant materials, again appeals, the people's court shall except it upon review of whether it meets requirements to do so.

Article 381:In cases where the people's procuratorate follows trial supervision procedures to raise a prosecutorial appeal, the people's court accepting the appeal shall form a collegial panel for trial. Where the facts of the original judgment are unclear or the evidence insufficient, including where there is new evidence showing that the original judgment might have been in error, and it is necessary to order a lower people's court to retry, it shall issue a decision within one month of filing the case and deliver the order for retrial to the people's procuratorate raising the prosecutorial appeal.

Article 382:In cases where it is decided to hold a new trial in accordance with the trial supervision procedures, other than where the people's procuratorate has raised a prosecutorial appeal, the people's court shall draft a retrial decision document. Enforcement of the original judgment or ruling is not stopped during the period for new trial, but where upon retrial the defendant may be found not guilty or the original penalty may be reduced on retrial so that the the term would be completed, it may be decided to suspend the enforcement of the original judgment or ruling, and when necessary, the defendant may be given release on guarantee pending further investigation, or residential surveillance.

Article 383:In cases where there will be a new trial in accordance with trial supervision procedures, the people's court shall conduct trial focussing heavily on the reasons for complaints, prosecutorial appeals and the decision to retry. When necessary, the facts and evidence verified by the original judgment and the law applied shall be comprehensively reviewed.

Article 384:In cases where the people's court for the original trial shall hold a new trial in accordance with the trial supervision procedures, it shall separately form a collegial panel.

Cases that were originally first-instance trials, shall be tried following the first-instance trial procedures and all judgments or ruling made may be appealed, or subject to prosecutorial appeal. Cases that were originally second-instance cases, or cases where the court at the level above initiated trial, shall be tried following the second-instance trial procedures and all judgments or rulings made are final.

In retrials where the original defendant or private prosecutor has died or lost capacity, it may be decided to not hold in-court proceedings.

Article 385:In cases re-tried in court where the decision to retry or the petition for prosecutorial appeal targets some of the original defendants, and it will not influence the trial for the other defendants in the case to not appear in court, the need not appear in court to participate in the litigation.

Article 386:Except for prosecutorial appeals by the people's procuratorate, retrials generally must not increase the defendant's punishment at the original trial. Retrial decision documents or prosecutorial appeal petitions that only target some of the original defendants, the punishments of other defendants in the same case must not be increased.

Article 387:Where people's courts are retrying cases in which the people's procuratorate has raised a prosecutorial appeal, and the people's procuratorate withdraws the prosecutorial appeal before court is called to sessions, this shall be ruled permissible. Where after having received notification to appear in court the people's procuratorate does not appoint someone to appear and does not explain the reason, a ruling may be made that the prosecutorial appeal is withdrawn, and the litigation participants notified.

Where people's courts are retrying cases in which a complainant has raised a complaint-appeal, and the complainant withdraws the complaint before during the period for trial, it shall be ruled permissible. Where upon having been notified in accordance with law refuses to appear in court without a legitimate reason, or leaves court during the proceedings without the permission of the court, it shall be ruled that the complaint is withdrawn, unless the complainant was not a party to the original trial.

Article 388:Retrial of a court case, the people's Court decided the retrial, determined by the collegial panel composed took the retrial; Department of people's procuratorates protest from prosecutors read out a protest; complaint by the complainant, the complainant or his Defender or agent ad litem stated grounds for appeals.

Article 389:Following new trial, retrial cases shall be handled according to the following situations:

(1) It shall be ruled to reject the appeal-complaint or prosecutorial complaint and to maintain the original judgment or ruling where the facts verified and law applied in the original judgment are correct, and the sentence is proper.

(2) It shall be ruled to make corrections and to maintain the original judgment or ruling where the original judgment or ruling's conviction verdict was correct and the sentencing proper, but there were flaws in the verification of facts, application of law or other such areas;

(3) The original judgment or ruling shall be revoked and judgment made in accordance with law where the facts verified by original judgment or ruling were not in error, but the law applied was in error or the sentence is improper.

(4) In cases tried following the second instance procedures where the facts in the original judgment or ruling were unclear or the evidence insufficient, a judgment may be made after clarifying the facts, or it may also be ruled to revoke the original judgment and remand to the original people's court for new trial.

Where the facts in the original judgment or ruling were unclear or the evidence insufficient, but they have been clarified through trial, a judgment shall be made based on the clarified facts; where the facts can still not be clarrified or the evidence is insufficient and it cannot be determined that the defendant is guilty, the original judgment or ruling shall be revoked and the defendant shall be pronounced not-guilty.

Article 390:Where the defendants name or other personal information was incorrectly identified in the original judgment, but the verified facts and application of law were correct and the sentence is proper, the people's court that made the judgment or ruling may make a ruling to correct the relevant information.

Article 391:Following a change of judgment at retrial to not guilty, when the people's court announces the judgment, it shall inform parties who enjoy the right to apply for state compensation that they may apply for state compensation after the judgment takes legal force.
Chapter XVIII: Trial and Judicial Assistance in Criminal Cases Involving Foreign Persons or Jurisdictions
Article 392:Cases involving foreign persons or jurisdictions as used in this interpretation refers to:

(1) Criminal cases where foreigners commit a crime, or where Chinese citizens violate the rights of foreigners, within the territory of the Peoples's Republic of China

(2) Cases where a Chinese citizen has committed a crime outstide of the territory of the PRC that meets the requirements of the situations provided in articles 7 and 10 of the Criminal Law,

(3) Cases where a foreigner commits a crime against the PRC or its citizens that meet the requirements of the situations provided in articles 8 and 10 of the Criminal Law;

(4) Cases over which the PRC exercises jurisdiction in accordance with international treaties that it has undertaken, that meet the requirements of the the circumstances provided in article 9 of the Criminal Law.

Article 393:Except as provided by articles 20-22 of the Criminal Procedure Law, the basic level people's courts have jurisdiction of first-instance criminal cases involving foreign persons or jurisdictions. When necessary, the intermediate people's court may designate several basic level people's courts within its jurisdiction to come together and take jurisdicton over a first-instance criminal case involving foreign persons or jurisdictions, and may also follow the provisions of article 23 of the Criminal Procedure Law to try a first-instance criminal case involving foreign persons or jurisditions over which the basic level people's courts have jurisdiction.

Article 394:The nationality of foreigners is determined based on their effective documents at the time they entered the county; where nationality is unclear it is determined based on proofs presented by the public security organs and relevant nation's embassies or consulates in China.

Where nationality cannot be clarified, they shall be treated as stateless, the relevant provisions of this chapter applied, and 'nationality unclear' written in the ruling.

Article 395:In the course of criminal proceedings, foreign national parties enjoy all the procedural rights provided in the nation's laws and bear all the corresponding duties.

Article 396:During the period for trying a criminal case involving foreign persons or jurisdictions, the people's court shall promptly report the following matters to the principal foreign affairs department of the people's government at the same level and also notify the relevant nations' embassies or consulates:

(1) the circumstances of a people's court decision to adopt compulsory measures against a foreign national defendant, including the foreign national party's full name (including their translated name), sex, time of entry, passport or identity document number, the compulsory measures adopted and the legal basis, and the location of detention.

(2) The time and place where proceeding will be held, and items such as whether or not the trial will be open;

(3) The time and place of the judgment announcement.

After announcement of the judgment in a case involving foreign person or jurisdictions, the result shall be promptly reported to the principal foreign affairs department of the people's government at the same level.

Where foreign nationals will be executed, the embassy or consulate for the country of his nationality shall be notified after the judgment comes down and before he is executed.

Where foreign national defendants die during trial, it shall be promptly reported the primary department for foreign affairs in the people's government at the same level, and the relevant embassy or consulate shall be notified.

Article 397:Matters for which the relevant embassies or consulates must be notified shall be reported up to the high people's court and the high people's court will make the notice according to the following rules:

(1) Where the state of foreign national parties' nationality and China have signed a bilateral consular agreement, handle on the basis of the treaty; where a bilateral consular agree has not been signed with China but it is a participant in the Vienna Convention on Consular Relations, handle in accordance with the convention; where neither a bilateral consular agreement has not been signed with China, nor is it a participant in the Vienna Convention on Consular Relations , but it has diplomatic relations with china, it may be handled on the basis of the opinions of the primary foreign affairs department, the principle of reciprocity , relevant provisions and international practice;

(2) Notify the relevant foreign consulate for the region for crimes involving foreign persons or jurisdictions that occur within a foreign consular region; where crimes involving foreign persons or jurisdictions occur outside the area of the foreign consulates, notify the relevant embassy to China. For countries that have diplomatic relations with China but have not yet established an embassy or consulate, the embassy or consulate of a nation serving as its proxy may be notified; where there is no proxy nation or it is unclear what nation is a proxy, notification may be waived.

(3) Where a bilateral consular treaty provides a time limit for notification, notification shall be made within that time limit; where there is no time limit provided in the bilateral consular agreement, notification shall be made as quickly as possible in accordance with the Vienna Convention on Consular Relations and international practice, and not exceed 7 days.

(4) Where the bilateral consular agreement has no provisions requiring notice, and the foreign national party requests that the embassy or consulate for his state of nationality not be notified, notification may be waived but he shall personally provide a written explanation.

When high people's courts notify foreign embassies or consulates in china of relevant matters, they may request assistance from the people's government principal foreign affairs department.

Article 398:After a people's court accepts a case involving foreign persons or jurisdictions, it shall inform the foreign national defendants in custody that they have the right to contact the embassy or consulate of their state of nationality, to meet or communicate with their guardian or close relatives, and to request that the people's court provide translation.

Article 399:Where during the trial period for criminal cases involving foreign persons or jurisdictions, embassy or consular officials from a detained defendant's state of nationality request to visit him, the request may be made to the high people's court for the region where the people's courts have accepted the case. The people's courts shall make arrangements in accordance with the provisions and time limits provided in the bilateral consulate treaty between China and the defendant's state of nationality; where there are not provisions, it shall be arranged as quickly as possible. When necessary, assistance may be requested from the department of the people's government with primary responsibility for foreign affairs.

Where during the period for trial of a criminal case involving foreign persons or jurisdictions, the guardian or close relatives of a foreign national defendant request to visit, the request may be submitted to the high people's court for the region in which the people's courts have accepted the case, and proof of the relationship with the defendant provided in accordance with article 403 of this interpretation. Where, upon review, the people's court finds it will not obstruct the case trial, it may be approved.

Where the defendant refuses to accept a visit or meeting, it may be decided to not make arrangement, but the defendant must make a written explanation himself.

Visits and meeting with the defendant shall obey the legal provisions of China.

Article 400:People's courts hearing criminal cases involving foreigners shall try them openly with the exception of those that shall not be tried openly in accordance with law.

In criminal cases involving foreign persons or jurisdiction that are tried openly, where the embassy or consulate of a foreign national party's country of nationality requests to observe, an application may be sent to the high people's court for the area in which the people's court accepting the case is located, and the people's court shall make arrangements.

Article 401:People's courts trying criminal cases involving foreign persons or jurisdictions, which use the common spoken and written language of the PRC, shall provide translation for foreign national parties .

The people's courts' litigation instruments are Chinese versions. Where foreign national parties do not understand Chinese, a foreign language version shall be attached, and the translation shall not bear the seal of the people's court, and the Chinese version is controlling.

Where foreign national parties understand Chinese language and writing, refuse others' translations or don't require a foreign language version of litigation instruments, they shall personally attest to this in writing.

Article 402:Foreign national defendants retaining a lawyer for their defense or foreign national plaintiff's in attached civil lawsuits or private prosecutors retaining a lawyer to represent them in the litigation, shall retain a lawyer that possesses lawyer's credentials in the PRC and has lawfully obtained a practice license.

Foreign national defendants who are detained, their guardians, close family members or the embassy or consulate of their country to China may retain a defender on their behalf. Where his guardian or close family members retain someone on his behalf, they shall provide effective proof of their relationship with the defendant.

Where foreign national parties retain their guardian or close family members to be their defender or agent ad litem, the person so retained shall provide effective proof of their relationship with the party. Upon review, the people's court shall approve those that meet the requirements of the Criminal Procedure Law and relevant interpretations.

Where a foreign national defendant has not retained a defender, the people's court may inform a legal aid organization to appoint a lawyer for his defense. Where the defendant refuses the defense, he shall issue a written statement or his oral statement shall be recorded in the case. Where the defendant is one in a situation where legal aid must be provided, it is handled in accordance with article 45 of this interpretation.

Article 403:Foreign national parties

Article 404:It may be decided to restrict defendants in cases involving foreign countries from leaving the country; it may be requested that witness's who are needed to appear in court in cases being tried in-court temporarily suspend their departure from the country. The public security organ or state security organ at the same leval shall be notified when making a decision to limit departure from the country; when limiting a foreigner's departure from the country, the department of the people's government with primary responsibility for foreign affairs and the embassy or consulate of the party's country of nationality shall be notified at the same time.

People's courts deciding to limit foreigners and Chinese citizens' departure from the country shall notify them in writing that they may not leave the country before the trial is concluded, and means for limiting their departure, such as taking their passport or other entry/exit documents, may be adopted. The necessary procedures for taking identification documents shall be completed and the a proof of document confiscation given to the individual.

The people's court that accepts the case shall report a case where it is necessary to stop foreigners and Chinese citizens from leaving the country at border checkpoints to the high people's court, and the high people's court shall write a notice to prevent departure for port personnel, complete relevant formalities and send them to the public security organ at the same level. If control of ports is not within the jurisdiction of the province, autonomous region or directly government municipality, the formalities shall be completed and sent to the public security organs of the relevant province, autonomous region or directly controlled municipality. In urgent situations where it is truly necessary, the border checkpoint may also first implement controls and supplement the formalities for the controls after.

Article 405:For all evidentiary materials coming from abroad, people's courts shall conduct a review of information such as the source of the evidence, the person who provided it, the time it was provided, the person who received it and the time it was received Upon review, those which can sufficiently prove case facts and which meet the requirements of the Criminal Procedure Law may be used as evidence, except where their provider, or a bilateral treaty between China and the relevant nation, clearly limits the scope of the use of the materials. Where the source of the materials is unclear or their veracity cannot be determined, they may not be used as the basis for deciding the case.

Where a party, his defender or agent ad litem provide evidentiary materials from coming from abroad, the materials shall be certified by a public notary organ of the source country, authenticated by the central government of the source country's principle diplomatic organ or an organ it has authorized, and authenticated by the Chinese embassy or consulate to that country.

Article 406:Criminal cases involving foreign persons or jurisdictions that meet the requirements of article 202, paragraph one and 232 of the Criminal Procedure Law, may extend the period of trial upon approval or decision of the relevant people's court.

Article 407:Where the embassy or consulate of a foreign national party's country of nationality request to be provided with the written judgment after judgment is announced in a criminal case involving foreign persons or jurisdictions, the request may be submitted to the high people's court for the area of the people's court that has accepted the case, and the people's court may provide it.

Article 408:The people's courts and foreign courts may request judicial assistance of one another in criminal cases, on the basis of treaties concluded or participated in by the People's Republic of China or the principle of reciprocity.

When a foreign court's request that damages the People's Republic of China's sovereignty, safety or public social interests, the people's courts will not provide assistance.

Article 409:Requests and provision of judicial assistance shall be done through the channels provided in international treaties that the People's Republic of China has concluded or participates in; where there is no treaty relationship it will be done through diplomatic channels.

Article 410:After review by a a high people's court, people's courts request that foreign courts provide judicial assistance shall be reported to the Supreme People's Court for review and approval.

Foreign courts requesting that China provide judicial assistance that is within the scope of the people's court's professional authority, shall be transferred the relevant people's court for handling upon the Supreme People's Court's review and consent.

Article 411:People's courts' written requests to foreign countries for judicial assistance, and any documents attached to them, shall have attached a translation in that country's language or any other language provided for by international treaty.

Foreign courts' written requests that China provide judicial assistance, and any documents attached to them, shall have an attached Chinese translation or other language translation as provided by international treaty.

Article 412:People's courts' service of criminal litigation documents to parties residing outside the territory of the People's Republic of China may be done by the following means:

(1) Service by methods provided for in international treaties concluded between China and the country where the recipient is, or to which both countries participate.

(2) service through diplomatic channels;

(3) For parties who are Chinese nationals, the Chinese embassy or consulate in the country where the recipient is located may be entrusted to make the delivery;

(4) Where a party is a private prosecutor or the plaintiff to an attached civil lawsuit, service may be made upon an agent ad litem authorized to accept it on his behalf.

(5) Where the party is a foreign work-unit, service may be made to its representative organ or an authorized branch or business agent within the territory of the PRC.

(6) Where the country in which the recipient is permits, service may be by mail, it no certificate of receipt is returned after 3 months from the date of mailing, but delivery can be verified through other means, it will be viewed as delivered.

(7) Where the country in which the recipient is permits, service may be by methods such as fax or email that sufficiently can confirm that the recipient received it.

Article 413:Where people's courts go through diplomatic channels to serve criminal litigation documents on recipients outside the territory of the PRC, the documents being sent shall be reported to the Supreme People's Court after review by the high people's court. Where the Supreme People's Court feels they may be sent, the Supreme People's Court gives them to the principle diplomatic department for transmission.

Where foreign courts go through diplomatic channels to request that people's courts serve criminal litigation documents, that county's diplomatic mission to China will send the legal documents to the principle diplomatic department to transfer to the Supreme People's Court. Where, after review, the Supreme People's Court finds that it is within the scope of the people's courts' professional authority and that they may make service on their behalf, it shall transfer it to be handled by the relevant people's court.

Article 414:Other matters arising during the course of trial in cases involving foreign persons or jurisdictions are handled in accordance with law, judicial interpretations and other relevant regulations.
Chapter XIX Enforcement Procedures
Section 1: Enforcement of the Death Penalty
Article 415:Convicts given suspended death sentences that commit an intentional crime during the sentence suspension period shall be tried according to law by the intermediate people's court at the place where the convict is serving his sentence; and the opinion can be appealed or subject to prosecutorial appeal.

After a judgment or ruling that an intentional crime has been committed takes effect, it shall be reported up to the Supreme People's Court for review and approval of the death penalty.

Article 416:The period during which the death sentence is suspended is calculated from the day on which the legal documents on the judgment or ruling are announced or delivered.

When the period for suspending the death penalty is complete and shall be commuted in accordance with law, the people's court shall promptly commute it. When the period for enforcing a suspended death penalty is complete commuted to a life sentence or term of years, the sentence is calculated from the day on which the suspended death sentence is complete.

Article 417:Enforcement orders from the Supreme People's Court are sent from the Supreme People's Court to the court of first-instance trial for enforcement. After the first-instance people's court receives the order to enforce the death penalty, it shall enforce it within seven days.

Where the Supreme People's Court approves the death penalty after an intentional crime during the period for which a death sentence is suspended, the intermediate court for the area where the convict is serving his sentence shall enforce it.

Article 418:If after the first-instance people's court receives the order to carry out the death penalty, but before it does so, discovers one of the following situations, it shall suspend the implementation and immediately requrest a stay of the death penalty from the Supreme People's Court and report the relevant materials:

(1) The criminal may have committed other offenses;

(2) Another suspect has been brought into a joint crime case that might influence sentencing;

(3) Another criminal in a joint crime has had the death penalty suspended or revoked, which might influence the criminal's sentencing;

(4) The convict reveals significant criminal facts or makes other meritorious contributions that might require a change in judgment;

(5) The convict is pregnant;

(6) A judgment or ruling might influence the other mistakes in conviction or sentencing.

Where upon review the Supreme People's Court finds that it might influence sentencing, it shall rule to stop the death penalty, where it finds there is no impact, it shall decide to continue the enforcement of the death penalty.

Article 419:Where a circumstance in the first clause above is discovered aftter the Supreme People's Court's enforcement order is issued but before enforcement, enforcement of the death penalty shall be immediately stopped and relevant materials transferred to the people's court at the level below.

Article 420:After the court below receives the Supreme People's Court's ruling to stop enforcement of the death penalty, it shall work together with the relevant departments to investigate and verify the matter behind stopping the death penalty, and promptly send the results of the investigation and an opinion to the Supreme People's Court for review.

Article 421:The collegial panel of the Supreme People's Court that made the original judgment or ruling on review and approval of the death penalty is responsible for review of the investigation results and opinions sent by lower courts on stopping the death penalty, but, when necessary, a separate collegial panel shall be formed to conduct review.

Article 422:In cases where the death penalty has been stopped, the Supreme People's Court should handle it in accordance with the following distinct circumstances:

(1) where it is confirmed that the convict is pregnant, the judgment shall be changed;

(2) where it is ascertained that the convict has other crimes that should be prosecuted in accordance with law, it should be ruled that the death penalty is not authorized and the original case withdrawn to returned for a new judgment;

(3) Where the judgment must be modified because it has been ascertained that the the original judgment or ruling was mistaken or that the convict made a major meritorious contribution, it should be ruled that the death penalty is not approved and the original judgment withdrawn to be returned for a new judgment;

(4) Where it is ascertained that the original judgment or ruling was not in error, the convict did not make a major meritorious contribution or that his major meritorious contribution does not impact the original judgment or ruling's enforcement, a ruling shall be made to continue on with carrying out the death penalty and the court president will newly sign and issue an execution order.

Article 423:Before the first-instance people's court carries out a death sentence, the convict should be informed that he has the right to meet with his close relatives. Where a convict applies for a meeting and provides a specific contact method, the people's courts should notify his close relatives. Where a convict's close relatives apply for a meeting, the people's court should allow it and promptly arrange the meeting.

Article 424:Three days before carrying out the death penalty, a first-instance people's court shall notify the people's procuratorate at the same level to appoint someone for on-site supervision.

Article 425:The death penalty shall be carried out by shooting or lethal injection.

Where lethal injections is used to carry out the death penalty, it shall be carried out in a designated place of execution or detention center.

Use of methods other than shooting or lethal injection to carry out the death penalty shall be reported to the Supreme People's Court for prior approval.

Article 426:Before the death penalty is carried out, the adjudicators calling for the death penalty shall identify themselves, ask if there are any last words or letters, and create a record; then have the execution performed.

Executions shall be publicly announced, but behavior such as public parades and other conduct insulting to the prisoner shall be prohibited.

Article 427:After the death penalty is enforced, a forensic doctor shall confirm that the criminal is truly dead, and the clerk at the scene shall make a record. The court responsible for the execution shall report the circumstances of enforcement within 15 days of the execution to the Supreme People's Court, including photographs from before and after the execution.

Article 428:After the execution the people's court responsible for the execution shall handle the following matters:

(1) the convict's will and testament shall be promptly reviewed, and where there are contents touching on property inheritance, debt redemption, resolution of family affairs or other such matters, that will or testament is given to the family, and a copy attached to the case file for future reference; where it touches upon case or other issues, a copy is sent to the relevant organ.

(2) notify the convict's family to retrieve his ashes within time limitations; where there is not capacity for cremation or it has been announced not to cremate due to religion, ethnicity or other such reason, they shall be notified to retrieve the corpse; where the period ends without retrieval, the people's court notifies the relevant work-unit to handle it and requests the work-unit to present an explanation of the circumstances of the disposition; the circumstances of the disposition of the convict's ashes or corpse shall be noted in the case;

(3) After the execution of a foreign national, notification of the foreign embassy or consulate in the PRC shall be carried out according to the times and procedures in the relevant provisions.
Section 2: Delivery for Enforcement of Suspended Death Sentences, Life Sentences, Fixed Term Prison Sentences, and Short-Term Detention
Article 429:Where a convict is sentenced to a suspended death sentence, life sentence, term of years or short-term detention, and is in custody when delivered for enforcement, the first-instance people's court shall deliver the judgment or ruling, a copy of the indictment or private prosecution complaint, the enforcement notice and the case closure registration form to the lockup within 10 days of the judgment of ruling taking effect; and the convict will be delivered for enforcement by the public security organs.

Where convicts requiring custodial enforcement of their penalties were not detained before the judgment of ruling took effect, the people's court shall deliver the convict to be detained in the detention center on the basis of the effective judgment or ruling, and handle the enforcement formalities in accordance with the previous clause.

Article 430:Where some of the defendants in the same case and trial are sentenced to death, the defendants that have not been sentenced to death who need to be detained for enforcement of their sentence shall be delivered for enforcement within 10 days of the judgment or ruling taking effect. However, if that defendant participated and carried out the crimes for which the death penalty was given, they shall be delivered for enforcement after the Supreme People's Court's review and questioning of those defendants given death sentences.

Article 431:After the detention center has affixed its seal to the receipt for the enforcement notification, it shall be attached to the file for future reference.

Article 432:Where convicts sentenced to life imprisonment, a term of years or short-term detention meet the requirements of clauses 1 and 2 of article 254 of the Criminal Procedure Law, and a people's court decides to grant temporary enforcement outside of prison, it shall draft a written decision to temporarily enforce outside of prison that clearly states the convict's basic circumstances, the crimes and penalties determined in the judgment, the reasons and basis for deciding to enforce outside of prison and other such information, and shall notify the county level judicial administrative organ at the convict's place of residence to send someone to complete the handover procedures, and shall have a copy of the written decision to enforce outside of prison sent to the county level people's procuratorate and public security organ at the place of the convict's residence.

Where the people's procuratorate finds that a people's court's decision for temporary enforcement outside of prison is improper and submits a written opinion within the statutory time period, the people's court shall immediately review the decision de novo and issue a decision within 1 month.

Article 433:In any of the following circumstances regarding a convict temporarily serving his sentence outside of prison, the court that originally made the decision for temporary enforcement outside of prison shall make a decision to have them taken to prison for enforcement within 15 days of receiving a written opinion from the enforcement organ requesting they be returned to prison:

(1) doesn't meet the requirements for temporary enforcement outside of prison;

(2) Left the city or county of residence without permission, refuses to make make reforms following warnings, or refuses to report his whereabouts or eludes supervision;

(3) was given an public security management punishment for violating supervision and management regulations, but still doesn't make corrections;

(4) Receives two warnings from the enforcement organ but still doesn't make corrections;

(5) while released for medical treatment do not follow the rules in reporting their symptoms and a review of the situation, and refuse to make corrections after being warned;

(6) The conditions for temporary enforcement outside of prison have disappeared, but the punishment term is not yet complete;

(7) A guarantor has lost the capacity to guarantee or has been stripped of his credentials to serve as a guarantor because of a failure to perform his duties, and a new guarantor cannot be provided within the regulatory period;

(8) other violations of laws, administrative regulations or provisions for supervision and management where the circumstances are serious.

People's courts decisions to enforce imprisonment, once made, shall take effect immediately.

Article 434:The people's courts shall send the written decision to imprison to the judicial administrative organs at the county level, and it will deliver the convict for enforcement in accordance with relevant provisions. At the same time, a copy of the written decision to imprison shall be sent to the people's procuratorate and public security organ at the same level.

Article 435:Where the convict being sent to prison has circumstances for which time should not be calculated into the sentence, the people's court shall determine the specific amount of time not counted towards the sentence when making the decision to return them to prison.


Section 3: Delivery for Enforcement of Controlled release, Suspended Sentences and Deprivation of Political Rights
Article 436:The courts should verify the residence of convicts sentenced to controlled release or given suspended sentences. When announcing the judgment, the convict shall be informed in writing of the time period for reporting to the provincial level judicial administrative organ and the consequences for not timely doing so. Within 10 days of the judgment or ruling taking effect, the judgment or ruling, enforcement notice and other legal documents shall be sent to the county level judicial administrative organ for the convict's place of residence, and a copy sent to the county level people's procuratorate for the convict's place of residence at the same time.

Articles 437:For convicts who are only sentenced to deprivation of political rights, the people's court shall send the judgment or opinion, the enforcement notice and other legal documents to the county-level public security organ at the convict's place of residence within 10 days of the judgment or ruling taking effect, and also send a copy to the county-level people's procuratorate for the convict's residence.
Section 4: Enforcement of Financial Punishments and the Judgments in Attached Civil Lawsuits
Article 438:Property-related penalties and judgments in attached civil lawsuits are enforced by the first-instance court's organization responsible for enforcement of judgments.

Article 439:Fines are to be paid in installments or a single a payment, within the period provided by the judgment. If the fine has not been paid when the period is complete without good cause or the full amount has not been paid over, the people's court shall compel payment. Were complete payment can still not be made through compulsory measures, and it is discovered at any time, including after completion of the principle sentence, that the person subject to enforcement has assets on which enforcement might rely, they shall be pursued for payment.

Where an administrative organ has already fined the defendant for the same factual situation, the people's court shall reduce or deduct the amount of any fine it levies by the portion already enforced by the administrative punishment.

Where there is a decision to confiscate property, the judgment shall be implemented immediately upon becoming effective.

Article 440:Where in the course of enforcing a property-related penalty and judgment in an attached civil lawsuit, persons outside the case dispute the ownership of property subject to enforcement, the people's court shall consult the rules on objections to enforcement in civil litigation, conduct a review and reach a disposition.

Article 441:Persons subject to enforcement who are simultaneously sentenced to a property-related penalty and also have the responsibility to pay compensation in an attached civil lawsuit, shall first fulfill their obligation to make civil compensation.

Property subject to enforcement that is needed to pay back the subject of enforcement's legitimate debts taken on before he was sentence to property-related penalty, shall be so used upon request of the creditor.

Article 442:Where the persons or property subject to enforcement are in another area, the people's court in that area may be retained for enforcement.

After enforcing a financial punishment, the entrusted people's court shall promptly turn over the property under the enforcement to the state treasury.

Article 443Where any of the following situations are present in the course of enforcing a financial penalty, the people's court shall make a ruling to suspend the enforcement:

(1) Items on the enforcement list are currently the subject of dispute in a people's court or with an arbitration organization and the conclusion of trial in that case must be awaited to ascertain who holds rights;

(2) Persons outside the case raise objections to the property targeted by the enforcement;

(3) other circumstances for which enforcement should be suspended;

When the reason for suspending enforcement has disappeared, enforcement shall recommence.

Article 444:If any of the following circumstances are present during the enforcement of a financial penalty, the people's court shall decide to terminate the enforcement:

(1) The withdrawal of the judgment or ruling on which the enforcement is based;

(2) The person against whom the penalty is being enforced has died or been put to death, and moreover, there is no property against which to enforce;

(3) A workplace subject to a fine has been terminated and has no property available for enforcement;

(4) those excused from fines in accordance with article 53 of the Criminal Law;

(5) other circumstances where enforcement should be terminated.

Where it is discovered after a decision to terminate enfocement that the person who enforcement was against has concealed, transferred or otherwise disposed of assets, he shall be pursued for payment.

Article 445:Where a financial penalty has been revoked in full or in part, the part that has already been enforced against shall be returned in full or in part to the person against whom it is being enforced; where there is no way to return it, the shall be compensated in accordance with law.

Article 446:Where as a result of a disaster beyond one's control repayment of the fine is truly difficult, and the person subject to enforcement applies to have the amount reduced or excused, relevant evidentiary materials shall be provided. The people's court shall make a ruling within one month of receiving the application. Where the statutory requirements for mitigation or excuse or met, it shall be allowed, where they are not met, the application shall be rejected.

Article 447:Enforcement of financial penalties and rulings in attached civil lawsuits apply by reference the relevant provisions of the Civil Law where this interpretation has no relevant provisions.
Section 5: Trial of Commutation or Parole Cases
Article 448:Where convicts sentenced to a suspended death sentence do not intentionally commit a crime during the period of suspension, a commutation ruling shall be made when the period for suspension is complete; where after the period of suspension is complete, but before the commutation ruling is made, the convict commits another crime, the new crime shall be tried separately after commutation is done in accordance with law.

Article 449:Commutation and parole cases should be handled according to the following distinct circumstances:

(1) Commutation of sentences for convicts given suspended death sentences are ruled upon by the high people's court for the area where the convict is serving his sentence, on the basis of a commutation recommendation reviewed and approved by the prison management authority at the same level.

(2) A ruling will be made on commutation or parole for those sentenced to life imprisonment by the high court for the area where the convict is serving his sentence within one month of its receiving a commutation or parole recommendation reviewed and consented to by the prison management authorities; where the case circumstances are complicated or there are special circumstances, this may be extended one month.

(3) A ruling will be made on commutation or parole for those sentenced to a term of years whose sentence has been commuted to a term of years by the intermediate court for the area where the convict is serving his sentence within one month of its receiving the enforcement agency's commutation or parole recommendation; where the case circumstances are complicated or there are special circumstances, this may be extended one month.

(4) A ruling will be made on commutation of sentences of short-term detention or controlled release by the intermediate court for the area where the convict is serving his sentence within one month of its receiving a commutation or parole recommendation reviewed and consented to by the enforcement agency at the same level commutation or parole recommendation.

Commutation for convicts temporarily serving their sentence outside of prison applies the relevant provisions of the previous clauses , based on the circumstances.

Article 450:Where accepting cases of commutation or parole, the materials delivered by the enforcement organ shall be reviewed for the following:

(1) Recomendations for commutation or parole

(2) Copies of the ruling from the court of final judgment, the notice of enforcement and previous commutation orders;

(3) Written materials showing specific facts that demonstrate that the convict has truly repented and changed his ways and made a meritorious contribution, or made a major meritorious contribution.

(4) the convict's appraisal review form and , record of received rewards and punishments;

(5) A survey and evaluation report of the impact on the community following the convict's parole.

(6) Other materials that need to sent based on the circumstances of the case.

Upon review, if the materials are incomplete, the organ enforcing the commutation or parole should be notified to supplement it.

Article 451:Hearings of commutation and parole cases shall review the enforcement status of any financial punishments or attached civil judgments, as well as any circumstances of returning illegal gains or making restitution. Where a convict actively carries out his duties under a judgment, he may be held to be demonstrating repentance and reform, and treated leniently when commuting his sentence or giving parole; where he truly has the ability to perform his duties but does not do so, he is treated sternly when commuting his sentence or giving parole.

Article 452:The following content should be publicized in hearing cases of commutation or parole:

(1) the offender's name, age and other basic personal circumstances;

(2) the original offence and length of sentence;

(3) previous circumstances of the convict getting commutations;

(4) The suggestions of the enforcement organ on commutation or parole and their bases.

The public notice shall clearly state the time period and method for submitting opinions. The public notice is placed in a public area at the site where the convict is serving his sentence; areas with the capacity may make public notice to the public.

Article 453:A collegial panel shall be formed for hearing cases of commutation or parole; a written trial method may be adopted, but in the following circumstances a court session shall be called to hear the case:

(1) where the convict has made a major meritorious contribution and requests commutation.

(2) Where the start or interval time for commutation, or the scope of commutation, do not meet the requirements of ordinary regulations;

(3) Where there is a major social impact or social interest is high;

(4) Where a complaint opinion is received during the period of public notice;

(5) The people's procuratorate has objections

(6) Other cases where it is necessary to hold a court session for trial.

Article 454:After the people's court makes a decision on commutation or parole, it shall deliver it to the enforcement agency submitting the commutation or parole, that people's procuratorate of the same level and the convict himself. Where the people's procuratorate feels that a commutation or parole judgment was improper and raises a written correction opinion within the statutory time period, the people's court shall separately form a collegial panel after receiving the comment and make a judgment with a month.

Article 455:Where the enforcement organ submits a written proposal to revoke the commutation or parole recommendation before a decision has been made on the commutation or parole, the people's court decides whether or not to allow it.

Article 456:Where a people's court discovers that commutation or parole ruling from that court, which has already taken effect, was truly in error, it shall separately form a collegial panel for trial; where discovering that a commutation or parole ruling from the people's court below was truly in error, it may order the people's court below to form a collegial panel for trial.
Section 6: Revocation of Suspended Sentences or Parole
Article 457:Where during the probationary period of a suspended sentence or parole a convict commits a new crime or it is discovered that he had committed other crimes before judgment was announced that were not tried, the suspended sentence shall be revoked and the people's court hearing the new crime will revoke the original judgment or ruling that announced the suspended sentence or parole, and notify the original people's court and enforcement organ in writing.

Article 458:Where any of the following situations applies to a convict during the probationary period for a suspended sentence or parole, the people's court that made the original judgment or ruling for the suspended sentence or parole shall rule to revoke the suspended sentence or parole within one month of receiving the written recommendation to do so from the enforcement organ:

(1) Violated a prohibition order, and the circumstances are serious;

(2) Failed to report at the designated time without a valid reason or eluded supervision during the period of community corrections, for more than one month

(3) was given an public security management punishment for violating supervision and management regulations, but still doesn't make corrections;

(4) does not make corrections after receiving 3 warnings from the enforcement organ;

(5) other situations of serious circumstances where there are violations of the relevant law, administrative regulations or supervisory managements,

People's courts rulings to revoke suspended sentences or parole take effect as soon as they are issued.

The people's courts shall send decisions to revoke a suspended sentence or parole to the judicial administrative organ at the location at the convicts place of residence, so that it may follow the relevant provisions in delivering the convict for enforcement. At the same time, copies of the decision to revoke a suspended sentence or parole shall also be sent to the people's procuratorate and public security organ for the same level at the convict's place of residence.
Chapter XX Procedures for Juvenile Criminal Cases
Section 1: Ordinary Provisions
Article 459:People's courts trying juvenile criminal cases shall implement the directive of education, reform and rescue and adhere to the principal of education before punishment, to strengthen the special protection of juveniles.

Article 460:People's courts shall strengthen communication with relevant government departments and groups such as the Communist Youth League, women's federation, trade unions, and child welfare organizations, to promote people's assessor work, investigation, assistance placements and other work in juvenile criminal cases and fully ensure the lawful rights and interests of juveniles and actively participate in the overall administration of social management.

Article 461:Trial of juvenile criminal cases shall be done by adjudicators familiar with the physical and psychological characteristics of juveniles, and who are well suited to the ideological education of juveniles, and relative stability of relevant judicial work should be maintained.

People’s assessors in juvenile criminal cases should ordinarily be workers or retired personnel from groups such as the Communist Youth League, the Woman’s Federation, worker’s unions, schools, or child welfare organizations, who are familiar with the physical and psychological characteristics of minors, enthusiastic about the education, reform and rescue of troubled minors, and who have undergone mandatory training.

Article 462:Intermediate and Basic level people's courts may establish an independently organized juvenile case division. Those that do not have the capacity shall set up a juvenile criminal case collegial panel within the criminal trial division, or have expert personnel responsible for hearing juvenile criminal cases.

High Courts shall establish a panel for handling juvenile offenses within the criminal trial division. Those with capacity may establish an independent juvenile case division.

Juvenile case divisions and collegial panels for juvenile criminal cases shall be collectively referred to as juvenile courts.

Article 463:Juvenile courts shall hear the following cases:

(1) Cases where the defendant was not yet 18 when he committed the crime accused and not yet 20 when the case was filed by a people's court.

(2) Joint criminal cases where the defendant who is charged with being the ringleader or principle offender was not yet 18 when he committed the crime accused and not yet 20 when the case was filed by a people's court.

Whether other joint criminal cases with juvenile defendants or other cases that involve minors should be tried by the juvenile court will be decided by the court president based on the actual conditions of the juvenile court’s work.

Article 464:Joint crimes by an adult and a juvenile where the cases are prosecuted separately within the same people's court, may be tried by the same trial organization; where it is inappropriate for the same trial organization to hear both, they may be tried separately by the juvenile court and criminal trial division.

In joint crimes by a juvenile and an adult that are tried by different people’s courts or different trial organizations, the relevant people’s courts or trial organizations shall have a mutual understanding of the trial conditions of the joint crime's defendants, and pay attention to the sentencing balance across the entire case.

Article 465:When necessary, the people's court at the level above may, on the basis of article 26 of the Criminal Procedure Law, direct a lower people's court to have a juvenile criminal case transferred to another people's court for trial.

Article 466:People's courts hearing juvenile criminal cases shall notify the juvenile defendant's legally-designated representative to appear during interrogations and court proceedings. Where there is no way to notify the legally-designated representative, he cannot appear or is a joint offender, the juvenile defendant's other adult relatives or representatives of the defendant's school, workplace, base-level residential organization or child welfare organization may also be notified to appear, and the relevant circumstances shall be noted in the case.

In addition to lawfully exercising the rights provided in Article 270 of the Criminal Procedure Law, other persons appearing in court may, with the court’s consent, participate in work such as the courtroom education of the defendant.

The provisions of the previous two paragraphs apply in juvenile criminal cases using the simplified trial procedures.

Apply the provisions of paragraph 1 and 2 when questioning juvenile victims or witnesses.

Article 467:In cases where the person is not yet 18 years-old when trial begins, shall never be tried openly. With the consent of the juvenile defendant and his legally-designated representative, representatives of the juvenile's school and child protection organizations send representatives to appear in court. The court decides the number and scope of representatives appearing. With the court's consent, representatives making an appearance may participate in the courtroom education efforts directed at the juvenile defendant.

In cases that are tried openly in accordance with law, but might require that a criminal record be sealed, personnel must not be organized to observe.

Article 468:When it is truly necessary to notify juvenile victims or witnesses to appear in court to testify, the people's courts shall adopt protective measures on the basis of the case situation. Those that have the capacity may employ methods such as video conferencing to conduct examination of their statements or testimony.

Article 469:Trial of juvenile criminal cases must not disclose the juvenile's name, place of residence, photo or other materials from which the juvenile's identity might be deduced to the outside world.

Case file materials in juvenile criminal cases that are read, copied or reproduced must not be disclosed or transmitted.

The provisions of the previous two paragraphs apply to criminal cases in which the victim is a minor.

Article 470:Where this chapter has no provisions, trials of juvenile criminal cases apply the relevant provisions of this interpretation.
Section 2: Preparation for Court Proceedings
Article 471:When sending a juvenile defendant a copy of the indictment, the people's court shall clearly explain the charges and the relevant legal provisions, and inform him of trial procedures and his procedural rights and duties.

Article 472:Where a juvenile defendant who is not 18 years old at the time of trial has not retained a defender, the people's court shall notify a legal aid organization to appoint a lawyer to provide him with a defense.

Article 473:Where juvenile vctims or their legally-designated representatives have not retained an agent ad litem due to financial difficulties or for other reasons, the people's court shall help them apply for legal aid.

Article 474:In juvenile criminal cases where a people's court decides to apply simplified procedures, it shall solicit the opinions of the juvenile defendant, his legally-designated representative and his defender. The simplified procedures are not applied where the above persons object.

Article 475:If a defendant was not yet 18 years old at the time of the charged offense, but is 18 years old but not yet 20 years old when court proceedings begin, the people's court shall generally notify their close relatives to appear in court when proceedings begin. Upon the court's consent, the close relatives may express their opinions. Where there is no way to notify the relatives, they cannot appear or are accomplices, this shall be recorded in the case.

Article 476:The court shall accept the investigation report sent by the people's procuratorate regarding circumstances such as a juvenile defendant's personality traits, his home conditions, social relations, upbringing, reasons for the crime, behavior before and after the crime, his supervision and education, as well as written materials submitted by the defender that reflect the circumstances above.

When necessary, a people’s court may entrust the county level judicial administrative organ, communist youth league organization or other social group organizations from the juvenile defendant’s residence to investigate the above circumstances, or may personally investigate.

Article 477:The people’s courts, according to the circumstances, may carry out psychological counseling for the juvenile defendant in juvenile criminal cases; with the consent of the juvenile defendant and his legally-designated representative, it may also carry out psychological evaluation of the juvenile defendant.

Article 478 :Before court opens and during recesses, the court, according to circumstances, may arrange meetings with the juvenile criminal defendant, his legally-designated representative or other adult family members or representatives listed in the first paragraph of article 270 of the Criminal Procedure Law.
Section 3: Trial
Article 479:People's courts shall arrange a seat, where the defense platform nears the observers' area, for juvenile defendants' legal agents or other adult relatives or representatives provided for in paragraph 1 of Criminal Procedure Law Article 270.

When hearing juvenile criminal cases that might result in a judgment of 5 years or less imprisonment or involve crimes of negligence, a seating arrangement suitable to the characteristics of juvenile defendants may be adopted.

Article 480:Restraints must not be used on juvenile defendants in court, except where the defendant is significantly dangerous and might obstruct court activity. Where restraints must be used, their use shall be stopped when the current threat has dissipated.

Article 481:Where minors or their legally-designated representatives refuse the defenders defense at court, apply the provisions of paragraphs 1 and 2 of Article 254 of this interpretation.

If, after beginning trial anew, the juvenile defendant or his legally-designated representative once again refuse the defender's defense, it will not be permitted. If when trial begins anew the defendant is already 18 years old, it may be permitted, but he must conduct his own defense and must not separately retain another defender or request another lawyer be appointed.

Article 482:Over the course of trial, adjudicatory personnel shall use language and means of expression appropriate to the juvenile defendants' degree of intellectual development and psychological state.

If it is discovered that there have been circumstances such as the defendant being enticed to confess, derided, mocked or threatened the chief judge shall stop it.

Article 483:If the prosecution or defense makes a sentencing suggestion that a juvenile defendant be sentenced to controlled release or have probation announced, they shall present written materials to the court regarding the juvenile defendant's ability to receive sufficient supervision and education, and showing that he will not be a significantly unwholesome influence on his residential area

Article 484:The court shall review the investigative report on a juvenile defendant's circumstances and any written materials provided by the defender on the defendant's circumstances, and hear the comments of both sides. The report and materials described above may referenced for courtroom education and sentencing.

Article 485:At the conclusion of courtroom debate, the court may, on the basis of the case circumstances, carry out education of the juvenile defendant; where finding a juvenile defendant guilty, education of the juvenile defendant shall be carried out.

When performing education of juvenile defendants, persons such as litigation participants, adult relatives and representatives provided for in paragraph 1 of Criminal Procedure Law Article 270, and social investigators and psychological counselors may be invited to participate.

In cases applying the simplified trial procedures, the provisions of the preceding two paragraphs shall apply to carrying out education of the juvenile criminal defendant.

Article 486:After the juvenile defendant's final statement, the court shall ask his legally-designated representative if he will make a supplementary statement.

Article 487:The verdict in a juvenile criminal case shall be publicly announced, but methods such as calling a large assembly should not be used.

In cases where criminal records should be sealed in accordance with law, persons must not be organized to observe the announcement of the verdict; if there are observers, they shall be told that they must not transmit case information.

Article 488:In juvenile criminal cases where the time for the announcement of the verdict has been set, if the juvenile defendant's legally-designated representative cannot be notified, cannot appear in court or is a co-criminal, the court may notify other adult relatives or representatives provided for in paragraph 1 of Criminal Procedure Law article 270 to appear in court, and deliver the verdict to the juvenile defendant's adult relatives after judgment is announced.
Section 4: Enforcement


Article 489:When delivering juvenile offenders to prison to serve their sentences or sending them to community corrections, the people's courts shall also send the investigative report on the juvenile offender and materials on his behavior at trial together with relevant legal documents to the enforcement organ.

Article 490:The record of minors who were not yet 18 years old at the time of the crime and who were sentenced to five years or less imprisonment or excused from punishment, shall be sealed.

The relevant criminal records from cases where trial concluded before December 31, 2012, shall also be sealed.

When judicial organs or relevant work-units submit a request to review sealed criminal records to a people's court, they shall state the reason and basis for the request. The people's court shall promptly make a decision as to whether or not it consents to such a request.

Article 491:People's courts may establish communication with reform schools and other penal centers, learn about the circumstances of juvenile offenders' reform, assist in successful mentorship and reformation work, and may have follow-up inspections on juvenile offenders currently serving a sentence.

Article 492:When a people's court finds it necessary, it may urge the parents or guardians of a juvenile serving a prison sentence to promptly visit him.

Article 493:The people's courts may assist community corrections organizations in formulating mentorship measures for juvenile offenders sentenced to controlled release, given a suspended sentence , paroled, or temporarily serving their sentence outside of prison.

Article 494:People's courts may occasionally visit juvenile offenders sentenced to controlled released, given suspended sentences, excused from criminal punishment, on parole or temporarily serving their sentence outside of prison, as well as their families, to understand the conditions of their supervision and education and guide the family of the juvenile offender in undertaking the responsibility of education and supervision so as to create an environment conducive to reform .

Article 495:People's court may make suggestions to the relevant departments in making arrangements for juvenile offenders that have the capacity for schooling or employment and are sentence to controlled release, on probation, excused from criminal punishment, granted parole, or temporarily serving their sentence outside of prison.
Chapter XXI: Procedures for Public Prosecutions where the Parties have Settled
Article 496:Where the facts are clear and the evidence sufficient in a public prosecution case that meets the requirements of article 277 of the Criminal Procedure Law, the people's court shall inform the parties that they may settle of their own accord; where the parties so request, the court may preside over their negotiations to reach a settlement.

On the basis of the circumstances of the case, a people's court may invite people's mediators, defenders, agents ad litem, the parties' friends and family, or others to facilitate the parties reaching a settlement.

Article 497:In public prosecutions meeting the requirements of article 277 of the Criminal Procedure Law, if the victim is dead, his close relatives may settle with the defendant. Where there are many close relatives, a settlement should be approved by all close relatives in the same order as with inheritance.

Where the victim is incompetent or has limited capacity, his legally-designated representative or close relatives may settle on his behalf.

Article 498:With the defendant's consent, the defendant's close relatives may settle of his behalf.

Where the defendant has limited competence, his legally-designated representative may settle on his behalf.

Where the defendant's legally-designated representative and close relatives follw the preceding two clauses in settling on his behalf, formal apologies or other such matters in the settlement agreement should be carried out by the defendant himself.

Article 499: Where parties raise objections to a settlement document that the public security organs or people's procuratorate presided over the drafting of, the people's court shall review it. Where upon review the settlement was voluntary and legal , it is confirmed, and there is no need to newly draft a settlement agreement; where a settlement was not voluntary or lawful it shall be found void. Where after a settlement agreement has been found void, the parties on both sides reach a new settlement agreement, the people's court shall preside over the drafting of a new settlement agreement.

Article 500: Where the parties of both sides settle during the trial period, the people's court shall hear the opinions of the parties, their legally-designated representatives and other relevant persons. Where both parties reach a settlement outside the court, the people's court shall notify the people's procuratorate and hear its opinions. Where upon review, the settlement is voluntary and legal, drafting of a settlement agreement shall be presided over.

Article 501: The settlement agreement should include the following content:

(1) The defendant admits all his crimes and has no objection to the alleged facts and is truly repentant.

(2) The defendant has received the victims' forgiveness through means such as formally apologizing to him or compensating his losses; where compensation for losses is involved, it shall clearly state the amount and method of compensation and other such information; where an attached civil lawsuit has been raised, the plaintiff in the attached civil lawsuit revokes it;

(3) The victim has voluntarily settled, and requests or consents to the defendant being treated leniently in accordance with law.

The settlement agreement should be signed by both parties and the adjudicators, but no seal affixed by the court.

The settlement agreement is in triplicate, with each party receiving one copy and the final copy given to the court to attach to the case file.

Where both parties request confidentiality as to content in the settlement agreement on compensation for losses, the people's court shall allow it and take appropriate secrecy measures.

Article 502: After signing the settlement agreement, the defendant shall promptly fulfill the portions of the agreement on compensation for losses.

Where a party recants the settlement agreement after it has been fully fulfilled, the people's court shall not support it, but with an exception where there is evidence showing that the settlement was involuntary or illegal.

Article 503:Where the parties on each side have already reached a settlement agreement and fully performed under it during the investigation or review for indictment phases, and a victim or his legally-designated representative or close relatives raise an attached civil lawsuit, the people's court shall not accept it, unless there is evidence showing that the settlement violated principles of voluntariness and legality.

Article 504:Where parties of both sides are willing to settle after a victim, his legally-designated representative or close relatives raised an attached civil lawsuit, but the defendant is unable to immediately completely fulfill his obligation to compensate, the people's court shall draft an attached civil lawsuit mediation certificate.

Article 505:In cases where a settlement agreement has been reached, the people's court shall punish the defendant leniently; those meeting the requirements for noncustodial punishments shall be given noncustodial punishments; where giving a sentence of the statutory minimum is still too heavy, the punishment may be commuted; where the totality of the case finds that the crime is minor and does not need a criminal penalty, it may be excused from criminal punishment.

In cases of joint crimes where some of the defendants reach a settlement agreement with the victim, those defendants may be punished leniently in accordance with law, however attention shall be paid to the balance of sentences in the entire case.

Article 506:Where a settlement agreement is reached, the written judgment shall describe it and cite the relevant articles of the Criminal Procedure Law.
Chapter XXII: Procedures for Confiscation of Unlawful Gains in Cases where a Suspect or Defendant has Fled or Died.
Article 507:Where unlawful gains and other property involved with the case should be disgorged in accordance with law, and the requirement for one of the situations below are met, the people's procuratorate may apply to the people's court for confiscation of unlawful gains:

(1) the criminal suspect of defendant has fled after committing crimes of bribery and corruption, or major terrorist activity crimes, and cannot be brought into the case after having been wanted for one year.

(2) The criminal suspect or defendant has died.

508: In any of the following situations, it shall be found to be a 'major crime case' as provided in the first clause of article 280 of the Criminal Procedure Law:

(1) The criminal suspect or defendant may be sentenced to a penalty of life imprisonment or higher;

(2) The case has a relatively large influence on the province, autonomous region, directly controlled municipality or entire nation;

(3) Cases of other major crimes.

Article 509:Property and its fruits acquired through the commission of a crime, as well as any contraband in the defendant's possession or private property used in the crime, shall be considered "unlawful gains and other property involved in the case" as provided in the first clause of article 280 of the Criminal Procedure Law.

Article 510:The people's courts shall review applications applications to confiscate unlawful gains submitted by the people's procuratorate for the following content:

(1) whether it is within that court’s jurisdiction;

(2) whether the circumstances of the suspect or dendant's relevant crime are clearly stated and whether materials are attached.

(3) Whether there is an attached wanted order or proof of death.

(4) Whether or not the type, number and location of unlawful gains and other property involved in the case are clearly listed, and relevant evidence attached.

(5.) Whether or not there is a list or other unlawfully gained property involved in the case that has been sealed, seized or frozen and the relevant legal formalities.

(6) Whether the names, address and contact information are clearly stated for the suspect or defendant's close relatives and other stakeholders, as well as their requests and other circumstances.

(7) Whether or not the reason and legal basis for requesting a confiscation is clearly written.

Article 511:The people's court shall complete a review of applications to confiscate illegal gains within 7 days, and reach a disposition in accordance with the following scenarios:

(1) Is not under the jurisdiction of the Court, and shall be returned to the people's procuratorate;

(2) The materials are incomplete and the people’s procuratorate shall be notified to supplement within 3 days;

(3) It is within the scope of procedures for the confiscation of unlawful gains and this court's jurisdiction, the materials are complete, and it shall be accepted.

Where the people's procuratorate applies for confiscation of property that has not yet been sealed, seized or frozen, or the period of sealing, seizure or freezing is about to be completed, and there is a risk that property involved in the case will be concealed, transferred, damaged or destroyed, the people's court seal, seize or freeze property subject to an application for confiscation.

Article 512:After a people's court decides to accept an application to confiscate unlawful gains, it should issue an announcement within 15 days, and the limitations period for the announcement is 6 months. The announcement should clearly state the following:

(1) Cause of Action ;

(2) The basic circumstances of the suspect or defendant's being a wanted criminal on the run, deceased etc.

(3) The type, number and location of property that is requested confiscated.

(4) The time period and method for the criminal suspect or defendant's close family members and other interested parties to apply to participate;

(5) Other circumstances that should be announced.

Notice shall be published in a publicly circulated national newspaper or on the people's court's official website, and posted or released on the people's court bulletin board; when necessary, it may be posted or released at the site of the crime, the suspect or defendant's place of residence, or the location of immovable property that is subject to an application for confiscation.

People's courts that have already gotten hold of contact information for the suspect or defendant's close family members and other interested parties, it shall directly inform them of the content of the public notice by phone, fax, mail or other methods, and note this in the case.

Article 513:Persons asserting ownership rights in property subject to an application for confiscation shall be considered "other interested persons" as provided in the second clause of article 281 of the Criminal Procedure Law.

Where a criminal suspect or defendant's close family or other interested persons apply to participate in the litigation, it shall be raised in the public notice period. Close relatives of the criminal suspect or defendant shall provide proofs of their relationship with the suspect or defendant, and other interested persons shall present proofs of their ownership of property subject to an application for confiscation.

Where the criminal suspect or defendant's close relatives or other interested persons apply to participate in the litigation after the public notice period is complete, but can reasonably explain the reason and provide proofs of ownership of the property subject to an application for confiscation, the people's court shall allow it.

Article 514:After the public notice period is over, the people's court shall organize a collegial panel to hold hearings on the application for confiscation of the unlawful gains.

Where interested parties participate in litigation, the people's court shall hold in-court proceedings. Where there are no interested parties participating in the litigation, the court may choose not to hold in-court proceedings.

Article 515:In cases of confiscation of unlawful gains being tried in-court, follow the procedures below:

(1) after the chief judge announces the start of courtroom investigation, first the procurator reads the application and then interested persons or their agents ad litem may express their opinions.

(2) The court shall sequentially investigate whether the suspect or defendant has committed a crime of corruption and bribery, major terrorist activities or other serious crime and been wanted for one year without being able to be brought into the case or is already deceased; as well as whether the property subject to the application for confiscation should be disgorged in accordance with law; when investigating, the procurator first presents relevant evidence and then the interested persons express opinions, present relevant evidence and contest evidence.

(3) In the courtroom debate phase, the prosecutor speaks first and then the interested parties and their agents ad litem speak, and conduct debate.

Where interested persons refuse to appear in court without legitimate reason after receiving notice, or withdraw from the court in the middle of the case without first getting the court's permission, the trial may the be held without in-court proceeding, except where there are other interested persons participating in the litigation.

Article 516:After trial, the people's courts shall handle applications to confiscate unlawful gains according to the following distinct scenarios:

(1) The facts of the case are clear, the evidence is reliable and sufficient, the property named in the application is truly unlawful gains and other property involved in the case, and it shall be ruled confiscated except for any returned to the victim in accordance with law;

(2) Does not meet the requirements of article 507 of this interpretation and shall the application shall be rejected.

Article 517:The criminal suspect or defendant's close family, other interested persons, or the people's procuratorate may submit an appeal or prosecutorial counter-appeal against a ruling for the confiscation of unlawful gains or the rejection of an application.

Article 518:In cases of an appeal or prosecutorial counter-appeal from a first-instance ruling for the confiscation of unlawful gains or a rejection of an application, the second-instance people's court shall make a ruling in accordance with the following distinct situations after trial:

(1) The original ruling was correct and the appeal or counterappeal should be rejected, maintaining the original judgment;

(2) The original ruling was in error and the original ruling may be changed after a review of the facts; or the original ruling may be withdrawn and the case returned for a new ruling;

(3) the original trial violated statutory procedures so as to potentially influence the fairness of the trial, and the original ruling shall be withdrawn and the case returned for a new judgment.

Article 519:Where in the course of hearing an application for confiscation of unlawful gains a criminal suspect or defendant who is on the run is brought into the case, the people's court shall rule to terminate the hearing. Where the people's procuratorate raises a public prosecution to the people's court that originally accepted the application, the same trial organization may hear it.

Article 520:Where during the course of trying a case, the defendant dies or escapes, and it meets the requirements of the first clause of article 280 of the Criminal Procedure Law, the people's procuratorate may submit an application for confiscation of unlawful gains to the people's court.

Where the people's propcuratorate submits a request to the people's court originally accepting the case, the same trial organization may assemble for a hearing in accordance with the provisions of this chapter

Article 521:The period for hearing applications to confiscate unlawful gains, is carried out with reference to the trial periods for ordinary procedures in first and second-instance trials.

The notice period and requests for mutual legal assistance are not included in the time limits for trial.

Article 522:After the confiscation of unlawful gains has taken effect, if the criminal suspect or defendant raises an objection to the confiscation, and the people's procuratorate has filed a public prosecution in the court that made the original judgment, the same trial organization may make the judgment.

Having held trial, a people's court will follow one of the following distinct dispositions:

(1) The original ruling is correct and shall be maintained without further judgment on property involved in the case;

(2) The original ruling was truly in error and shall be withdrawn, and a disposition of the relevant property involved in the case shall be reached at the same time.

Where confiscation rulings by the people's courts that have taken effect are truly in error, they shall be corrected in accordance with the trial supervision procedures, excepted as provided in circumstance provided in the first clause. Property that has already been confiscated shall be promptly returned; where property has already been handed over to the national treasury, the organ originally confiscating will request it's return from the treasury from the financial organs and return it; where the original item has already been sold or auctioned, its value shall be returned; where harm has been caused to a criminal suspect, defendant or interested party's property, compensation shall be made in accordance with law.

Article 523:Where this chapter has no provisions, people's courts hearing applications to confiscate unlawful gains apply the relevant provisions from this interpretation by reference.


Chapter XXIII: Procedures for Compulsory Treatment of Mentally Ill Persons Not Bearing Criminal Responsibility in Accordance with Law
Article 524: Compulsory treatment may be granted for mentally ill persons who have been found, through statutory procedures, to not bear criminal responsibility, who exhibit violent conduct that endangers public safety and seriously endangers citizen’s physical safety, and where the threat to society has already reached the level of a crime and there is a possibility that they will continue to endanger society.

Article 525:In a case where the people’s procuratorate applies to have a mentally ill person who does not lawfully bear criminal responsibility given compulsory treatment, the basic people’s court at the place where the application’s subject exhibited violent conduct has jurisdiction, if it is more suitable for the basic people’s court at the place of the application’s subject’s residence to adjudicate, the basic court at the application’s subjects residence may have jurisdiction.

Article 526:The people’s courts shall review the following content of applications for compulsory treatment raised by the people’s procuratorates:

(1) whether it is within that court’s jurisdiction;

2. Whether the subject of the application’s identity and circumstances of the violent conduct, such as the time, place , method, and any harm caused, are clearly written with relevant evidentiary materials attached;

3. Whether a forensic medical examiner’s examination opinion and other evidentiary materials proving that the application’s subject is a mentally ill person lawfully not bearing criminal responsibility are attached.

4. Whether the subject of the application’s legally-designated representative’s name, address and contact information are clearly listed.

5. Other matters that need to be reviewed.

Article 527: For applications for compulsory treatment raised by the people’s procuratorates, the people’s court shall complete its review within 7 days and handle the matter according to distinct situations listed below:

(1) Is not under the jurisdiction of the Court, and shall be returned to the people's procuratorate;

(2) The materials are incomplete and the people’s procuratorate shall be notified to supplement within 3 days;

(3) Within the scope for accepting cases on compulsory treatment procedures and within the court’s jurisdiction, the materials are complete; the case shall be accepted.

Article 528:When trying a compulsory treatment case, the subject of the application or the defendant’s legally-designated representative shall be notified to appear. If the subject of the application or defendant have not appointed a legally-designated representative, a legal aid organization shall be contacted to appoint a lawyer to serve as his legally-designated representative and to provide him with legal assistance.

Article 529:When trying a compulsory treatment case, a collegial panel shall be formed for in-court trial proceedings. However, if the subject of the application or defendant’s legally-designated representative requests that the case not be tried at in court proceedings and the court reviews and consents, this shall be an exception.

When trying cases where the people’s procuratorate has requested compulsory treatment, a meeting shall be had with the subject of the application.

Article 530:When having a court session to hear a case of an application for compulsory treatment, the following procedures should be followed:

1. After the chief judge announces that the in-court investigation has begun, the procurator will first read the application, then the subject of the application’s legally-designated representative or agent ad litem will make comments

2. The court will sequentially inquire into the issues of whether the subject of the application has exhibited violent conduct that endangered public security or seriously harmed individual’s physical safety, whether he is a mentally ill person who does not lawfully bear criminal responsibility and whether there is a possibility of the threat to society continuing. When making the inquiry, the procurator will first present relevant evidence and then the subject of the application’s litigation agent will make comments, present evidence and challenge evidence.

3. During the courtroom debate, the procurator speaks first, then the subject of the application’s legally-designated representative or agent ad litem will speak and debate.

If the subject of the application requests to appear in court, and the people’s court, having reviewed his physical and mental condition, feels he may appear in court, it shall give approval. When appearing in court, the subject of the application may make comments during the courtroom investigation and debate phases.

After the procurator has read the application, if the subject of the application’s legally-designated representative or agent ad litem has no objections, the courtroom investigation may be simplified.

Article 531:: In cases of an application for compulsory treatment, the people’s court, after trial, shall handle the matter according to the distinct situations listed below:

1. Meets the requirements for compulsory treatment set forth in Article 284 of the Criminal Procedure Law; a decision shall be made for compulsory treatment of the subject of the application.

2. The subject of the application is a mentally ill person not bearing criminal responsibility under law, but not meeting the standards for compulsory treatment; it shall be decided that the application for compulsory treatment be rejected; where the subject of the application has already caused harmful consequences, his family or guardian shall be ordered to closely look after him and treat him.

3. The subject of the application has full or partial capacity for criminal responsibility and criminal responsibility should be pursued in accordance with law; a decision shall be made to reject the application for compulsory treatment and return the case to the people’s procuratorate to handle the case according to law.

Article 532:If a people’s court of first instance discovers during the course of trying a case that the defendant might meet the requirements for compulsory treatment, it shall follow the statutory procedures for carrying out a forensic medicine mental health psychiatric examination. Where, having been examined, the defendant is a mentally ill person not bearing criminal responsibility under law, the procedures for compulsory treatment should be used to carry out trial.

When opening court for trial of a case described in the above section, first, a member of the collegial panel shall read the defendant’s forensic medicine psychiatric examination opinion, explain that the defendant might meet the requirements for compulsory treatment, and then, in succession, the prosecution and defendant’s legally-designated representative or litigation agent will make comments. With the chief judge’s permission, the procurator and the defendant’s legally-designated representative or litigation agent may debate.

Article 533:: In cases provided for in the preceding article, after trial, the people’s court shall handle the case according to the following distinct circumstances:

1. The defendant meets the requirements for compulsory therapy; judgment will be pronounced that the defendant lacks criminal responsibility and at the same time a decision will made for the defendant to receive compulsory treatment;

2. The defendant is a mentally ill person not bearing criminal responsibility under law, but does not meet the requirements for compulsory treatment, judgment shall be pronounced that the defendant does not bear criminal responsibility, if the defendant has already caused harmful consequences, his family or guardian shall be instructed at the same time,to carefully look after and treat him;

3. The defendant has full or partial capacity for criminal responsibility, and criminal responsibility should be pursued in accordance with law; trial should continue under ordinary procedures.

Article 534:Where a people’s court in the course of hearing the second-instance trial of a criminal case discovers that a defendant might meet the requirements for compulsory treatment, it may handle the case according to the compulsory treatment procedures, it may also decide to return the case to the original trial court for a new judgment.

Article 535:People’s courts deciding on compulsory treatment shall, within 5 days of making a decision, deliver the compulsory treatment decision documents and notification of enforcement of compulsory treatment to the public security organs and the public security organs shall deliver the person decided subject to compulsory treatment to compulsory treatment.

Article 536:When the person that it is has been decided will receive compulsory treatment, the victim and his legal respresentative, or close relatives do not accept the verdict of compulsory treatment, they may appeal to the people’s court at the level above for reconsideration of the application within 5 days of when they received the decision document. . During the reconsideration, enforcement of the decision for compulsory treatment is not stopped.

Article 537:For requests to reconsider the decision to compel treatment, the people’s court at the level above shall form a collegial panel and , within one month, make a reconsideration opinion according to the distinct circumstances listed below:

1. The person that it has been found subject to compulsory treatment meets the requirement for compulsory treatment; the application for reconsideration shall be rejected and the original judgment maintained;

2. The person that it has been decided will receive compulsory treatment does not meet the requirements for compulsory treatment; the original verdict will be repealed.

3. The original trial violated statutory litigation procedures so that the fairness of the in adjudication may have been affected; the original judgment shall be annulled and returned to the original trial court for a new judgment.

Article 538:: For judgments or decisions under article 533(1) of this interpretation, where a people’s procuratorate requests an appeal, and at the same time, the person who it has been decided will receive compulsory treatment, the victim and his legally-designated representative, and close family members request reconsideration, the people’s court at the level above shall follow procedures for second-instance trials and handle the matters together.

Article 539:In cases of an application for compulsory treatment, where there is no provision in this chapter, refer to relevant provisions in the public prosecution ordinary first-instance and second instance procedures.

Article 540:When a person subjected to compulsory treatment or his close family applies to remove the compulsory treatment, they shall make the request to the people’s court that made that compulsory treatment decision.

When the application of a person subjected to compulsory treatment or his close family for removal of compulsory treatment is rejected by the people’s court, if another application is made after six-months, the people’s court shall accept the case.

Article 541:When compulsory treatment establishments put forward an opinion to remove compulsory treatment or the person subjected to involuntary treatment or his close family apply to remove compulsory treatment, the people’s court shall review whether there is a diagnostic evaluation report of the person under compulsory treatment attached.

When compulsory treatment establishments put forward an opinion for removing compulsory treatment and there is not a diagnostic evaluation report attached, the people’s court shall request it be provided.

Where the person subjected to compulsory treatment and his close relatives apply to a people’s court to remove compulsory treatment, and the compulsory treatment establishment has not provided a diagnostic evaluation report, the applicant may apply to the people’s court to obtain it. If necessary, the people’s court may appoint an examination organ to perform an examination of the person under compulsory treatment.

Article 542:When compulsory treatment establishments submit an opinion to have compulsory treatment removed or the person subjected to compulsory treatment and his close family apply for removal of compulsory treatment, the people’s court shall form a collegial panel to perform a review and, within one month, handle the matter according to the following distinct situations:

1. Where the person under compulsory treatment is no longer dangerous and there is no need to continue compulsory treatment; a decision shall be made to remove compulsory treatment and the family of the person under compulsory treatment may be ordered to carefully watch over and treat him.

2. Where the person under compulsory treatment still remains dangerous, and there is a need to continue compulsory treatment, a decision shall be made to continue compulsory treatment.

Within five days of making a decision, people’s courts shall deliver the decision to the compulsory treatment establishment, the person applying to remove compulsory treatment, the person under compulsory treatment, and the people’s procuratorate. If the decision is to terminate compulsory treatment, the compulsory treatment establishment should be notified to cease compulsory treatment on the day the receive the decision.

Article 543:When the people’s procuratorate feels that a compulsory treatment decision or a decision to cease compulsory treatment is incorrect, and submits a written correction opinion within 20 days of receiving the decision document, the people’s court shall separately form a collegiate panel to try the matter and make a decision within one month.


Chapter 24 Supplementary Provisions
Article 544:People's courts may, on the basis of case circumstances, use videoconferencing to perform the questioning of suspects, announcement of rulings, or the trial of commutation or parole cases.

Article 545:Those making submissions to a people's court such as for a public prosecution, appeal, complaint, or application shall do so in writing. Unless otherwise provided by law, those with difficulty writing may make submissions orally and employees of the people's court will prepare written notes or records in the case, and either read the document to the speaker or allow him to read it.

Article 546:Materials such as work records and notices produced or formed during the litigation shall be signed by the creator and other relevant personnel and have a seal affixed. When announcing or delivering litigation documents such as judgments, rulings, decisions or notices, the person receiving the documents shall sign a certificate of receipt and affix a seal.

Participants in the litigation who have not signed or affixed a seal, shall affix a fingerprint; criminal defendants, in addition to signing and affixing a seal shall also affix a fingerprint.

If a party refuses to sign, affix a seal, or make a fingerprint, case-handling personnel shall make a note of the circumstance in the litigation documents or record materials; where there is relevant witness testimony or there is audio-visual proof, it does not impact the efficacy of the relevant litigation document or record materials.

Article 547:Relevant provisions of this interpretation apply to military courts, railroad transport courts and other special people's courts.

Article 548:This interpretation shall come into force starting on January 1, 2013 and at that same time the Supreme People's Court's "Interpretation of Several Issues regarding Implementation the Criminal Procedure Law of the PRC" promulgated on September 2, 1998, shall be repealed ; If interpretations and normative documents previously promulgated by the Supreme People's Court differ from this interpretation, this interpretation is controlling.

 

 

 

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2 Comments

  1. Suggestion: under Article 50, change “…permission to investigation.” to “…permission to investigate.”

    • Thanks, Clearly right. For typos like this you can go ahead and change it directly by turning on the translator/editor mode at the top right.

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