SPP Rules of Criminal Procedure

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The Supreme People's Procuratorate of the People's Republic of China

Notice:

"The People's Procuratorates' Rules of Criminal Procedure (Provisional)," passed on October 16, 2012 by the 80th meeting of the 11th session of the Supreme People's Procuratorate's Procuratorial Committee,is hereby promulgated and will take effect on January 1, 2013.

November 22, 2012

The People's Procuratorates' Rules of Criminal Procedure (Provisional)

SPC Interpretative Release [2012]No.2

  (1997年1月15日最高人民检察院第八届检察委员会第六十九次会议通过 1998年12月16日最高人民检察院第九届检察委员会第二十一次会议第一次修订 2012年10月16日最高人民检察院第十一届检察委员会第八十次会议第二次修订)

Contents

Chapter I: General Provisons

Chapter II: Jurisdiction

  Chapter III: Recusal

Chapter IV: Defense and Representation

  Chapter V: Evidence

  Chapter VI: Compulsory Measures

   Section 1: Custodial Summons

   Section 2: Release on Guarantee Pending Further Investigation

   Section 3: Residential surveillance:

   Section 4: Custody

   Section 5: Arrest

   Section 6: Termination and modification of compulsory measures

  Chapter VII Case acceptance

  Chapter VIII Preliminary Examination and Case Filing

   Section 1: Preliminary Investigation

   Section 2: Case Filing

 Chapter 9: Investigation

   Section 1: Ordinary Provisions

   Section 2: Interrogating Criminal Suspects

   Section 3: Interviewing witnesses and victims

   Section 4: Crime Scene Investigation and Examination

   Section 5: Searches

   Section 6: Obtaining, Sealing, and Seizing of Physical, Documentary, A/V and Digital Evidence

   Section 7: Inqisition and Freezing

   Section 8: Evaluation

   Section 9: Identification

   Section 10: Technical Investigation Measures

   Section 11: Wanted

   Section 12: Conclusion of Investigation

  Chapter X: Review for Arrest

   Section 1: Ordinary Provisions

   Section 2: Examination for approval of arrest

   Section 3: review and decison to arrest

   Section 4: Approval of prosecution

  Chapter XI: Review for Prosecution

   Section 1: Review

   Section 2: Indictment

   Section 3: non-prosecution

Chapter XII: Appearing at Court

   Section 1: Appearing in the Court of First Instance:

   Section 2: Simplified Procedures

   Section 3: Appearing in the Court of Second Instance Trial

   Section 4: Appearing in Retrial Proceedings

Chapter XIII: Special Procedures

   Section 1: Procedures for Juvenile Criminal Cases

   Section 2: Procedures for Public Prosecutions Where the Parties Have Reached Settlement

   Section 3: Procedures for Confiscation of Illegal Gains in Cases Where a Criminal Suspect or Defendant Escapes or Dies

   Section 4: Procedures Regarding Compulsory Treatment for Mentally Ill Persons Not Bearing Criminal Responsibility Under Law.

  Chapter XIV: Supervision of criminal proceedings

   Section 1: Supervision of Case Filing

   Section 2: Supervision over investigative activity

   Section 3: Supervision of trial activities

   Section 4: Oversight of Criminal Judgments and Rulings

   Section 5: Legal supervision over death sentence review

   Section 6: Supervision over the periods for custody and case handling

   Section 7: Supervision of the enforcement activities of the detention center

   Section 8: Supervision of criminal judgments or rulings

   Section 9: Oversight of the implementation of Compulsory Treatment.

  Chapter XV: Case Management

Chapter XVI: Criminal judicial assistance

   Section 1: Ordinary Provisions

   Section 2: Judicial assistance provided by the People’s Procuratorate

   Section 3: Requests for Judicial Assistance to other Nations by the People's Procuratorates.

   Section 4: Term and expenses

  Chapter XVII Supplementary Provisions

 

 

 

Chapter I: General Provisons

Article 1: These rules are formulated in accordance with the Criminal Procedural Law of the People’s Republic of China, the Organic Law of the People’s Republic of China Procuratorate and related laws, as well as the actual work conditions of the procuratorate to ensure that the People’s Procuratorate strictly abides by statutory procedures in criminal litigation, correctly performs its duties, realizes a unity between criminal punishment and the protection of human rights.

Article 2: During the course of criminal litigation, the People’s Procuratorate's tasks are filing and investigating cases it directly accepts, approving or deciding on arrests, reviewing and initiating public prosecution, exercising legal supervision over criminal litigation, ensuring accurate and timely clarification of the criminal facts, correctly applying the law , punishing criminals, ensuring that innocent are not prosecuted , ensuring the uniform and correct implementation of the nation's criminal laws, protecting the socialist legal system, respecting and ensuring human rights; protecting citizen's rights and interests in their person and property, their democratic and other rights, and ensuring smooth establishment of socialism.

Article 3: In handling criminal cases, the People’s Procuratorate shall abide by the basic principles and procedures provided in the Criminal Procedural Law of the People’s Republic of China as well as related provisions in other laws .

Article 4: Criminal cases handled by the People’s Procuratorate will be undertaken by the prosecutors, reviewed by the responsible person in the case-handling department, and decided upon by the chief prosecutor or prosecutorial committee.

Article 5: The People’s Procuratorate will set up internal organizations in accordance with law to divide work such as case acceptance, case filing and investigation, supervision of investigations, public prosecutions, charging, appeals, and prison inspection; with each division carrying out its own duties, providing mutual restraints, and ensuring the quality of case handling.

Article 6: During criminal litigation, the Supreme People’s Court leads the efforts of all levels of local People’s Procuratorates and specialized People’s Procuratorates; People’s Procuratorates at the levels above lead the efforts of lower level People’s Procuratorates. The Chief Prosecutor provides unified leadership for the efforts of the People’s Procuratorate.

Article 7: During criminal litigation, people’s procuratorates at higher levels have the right to withdraw or modify the decisions issued by the people’s procuratorate at the levels below; and where it is discovered that there are mistakes in cases handled by the lower level People’s Procuratorates, the People’s Procuratorates at a higher level have the right to instruct a lower level People’s Procuratorate to make corrections.

Lower level people’s procuratorates shall implement the decisions of higher level People’s procuratorates; where they feel there is a mistake, they shall report it to the people's procuratorate at the level above while implementing the decision.

 

Chapter II: Jurisdiction

 

Article 8: People’s Pocuratorates file and investigate corruption and bribery crimes, crimes of malfeasance of office by state personnel, and crimes that infringe on citizen's personal rights, such as where personnel at state organs exploit their power to illegally detain, to extract confessions by torture, retaliate or illegally search; and also criminal cases of infringement of citizens’ democratic rights.

Crimes of corruption and bribery refers to the crimes of corruption and bribery as provided in in Chapter 8 of the Criminal Law as well as cases in other chapters that clearly provide that they should be convicted and punished in accordance with the relevant provisions of Chapter 8.

Crimes of malfeasance of public office committed by state personnel refers to crimes of malfeasance of public office as provided in Chapter 9 of the Criminal Law.

Crimes by state personnel exploiting their positions and power to infringe on citizens’ personal and democratic rights include:

(1) Illegal detention (Article 238 of the Criminal Law);

(2) Illegal searching (Article 245 of the Criminal Law);

(3) Use of torture to extract a confession (Article 247 of the Criminal Law);

(4) Collecting evidence by violence (Article 247 of the Criminal Law);

(5) Mistreating persons in custody (Article 248 of the Criminal Law);

(6) Retaliation and false charges (Article 254 of the Criminal Law);

(7) Undermining elections (Article 256 of the Criminal Law)

 

Article 9: When it is necessary for a people's procuratorate to directly accept a case of a crime in which state personnel exploited their office and powers to commit another major crime, the people's procuratorate may file and investigate the case upon decision of a people's procuratorate at the provincial level or above.

Article 10: For cases provided for in Article 9 of these rules, where a basic level, division, prefecture or municipal people’s procutorate needs to directly accept and investigate the case, it shall report to the provincial-level people's procuratorate for a decision. Division, prefecture and municipal people's procuratorates shall review cases submitted to the provincial level procuratorate by basic level people's procuratorates, and submit an opinion as to whether it needs to be filed and investigated to the provincial level people’s procuratorate for a decision.

In cases submitted to provincial level people’s procuratorates for a decision on filing and investigation, a document requesting approval of direct acceptance shall be drafted, clearly stating the circumstances of the case and the reason why the people's procuratorate must must file the case, with all relevant materials attached.

Provincial level people’s procuratorate shall issue a decision on whether to approve the case filing and investigation within ten days of receiving the request for approval to directly accept. The provincial level people’s procuratorate may decide that the lower level procuratorate will directly file and investigate the case or may decide to to directly file and investigate.

Article 11: Cases filed and investigated under Article 9 of these Rules shall be investigated by the procuratorate organs with responsibility for investigations, on the basis of the characterization of the case.

The specific formalities for case submission are handled by the department that discovered the case leads.

Article 12: Criminal cases directly accepted by a People’s Procuratorate that involve cases within the jurisdiction of Public Security Organs shall have the case that belongs to public security organ's jurisdiction transferred to the public security organ. In the situation described above, if the principle crime alleged is within the public security organs’ jurisdiction, the public security organ is the principle investigatory organ and the people’s procuratorate will cooperate; if the principle crime alleged primarily is within the people’s procuratorate’s jurisdiction, the people’s procuratorate is the principle investigatory organ and the public security organ will cooperate.

Where one person commits multiple crimes, in joint crimes, or where several criminal suspects committed interconnected crimes, so that handling the cases together would be beneficial to clarifying facts and conducting litigation, the people’s procuratorate may join the related cases

Article 13: The people’s procuratorate implement a stratified system for case filing and investigation for directly accepted cases. 。

The Supreme People’s Procuratorate files and investigates major criminal cases of national importance; people’s procuratorates at the provincial, autonomous region, and directly administered municipality levels file and investigate major criminal cases of importance to the entire province (autonomous region, directly administered municipality); people's procuratorates at the district, prefecture and municipal levels file and investigate major criminal cases within their jurisdictional area; basic level people’s procuratorates file and investigate criminal cases within their jurisdictional area.

Article 14: When necessary, a higher level people’s procuratorate may directly file and investigate, or arrange, direct and participate in the investigation of cases within the jurisdiction of lower level people’s procuratorates; it may also designate a lower level people’s procuratorate to file and investigate cases within its own jurisdiction; In cases where a lower level people’s procuratorate finds that the case circumstances are important or complicated, and need to be filed and investigated by a higher level people’s procuratorate, it may request that the case be transferred to the next highest people’s procuratorate for filing and investigation.

Article 15: In cases of abuse of office crimes by state employees, the people’s procuratorate at the place of the suspects’ work-unit has jurisdiction; if it is more appropriate for a different people’s procuratorate to handle the case, a different people’s procuratorate may exercise jurisdiciton.

Article 16: For cases where jurisdiction is not clear, the relevant people’s procuratorates may consult with each other to determine jurisdiction. In cases where jurisdiction is disputed or there are special circumstances, a people’s procuratorate at the level above the procuratorates involved designates jurisdiction.

Article 17: For cases over which several people’s procuratorates have the right of jurisdiction, the people’s procuratorate which files first has jurisdiction. When necessary, the people’s procuratorate at the principle scene of the crime may take exercise jurisdiction.

Article 18: A people’s procuratorate at a higher level may designate a lower level people’s procuratorate to file and investigate a case where jurisdiction is not clear or needs to be changed.

When during case filing and investigation, a people’s procuratorate designates a procuratorate at a different location to take jurisdiction, and it is nescessary for the other location to prosecute and try the case, the procuratorates shall discuss the matter of jurisdiction with the people's court at the designated area before the case is transferred for review.

In cases directly filed and investigated by people's procuratorates at the district, prefecture or municipal levels, where it is necessary to designate a lower-level people’s procuratorate as having jurisdiction over one of its cases, a report shall be made to the people’s procuratorate at the level above for approval.

Article 19: Jurisdiction of criminal cases within the jurisdiction of military, railway, or other special people’s procuratorates, as well as cases involving both the army or armed police and local governments, jurisdiction , is implemented in accordance with relevant provisions.

 

Chapter III: Recusal

 

Article 20: If a procurator finds one of the circumstance provided for by Article 28 or 29 of the Criminal Procedural Law when accepting a report or handling a case, he shall recuse himself; where he does not recuse himself, the people's procuratorate shall decide on his recusal in accordance with the provisions of Article 24; parties and their legally-designated representatives have the right to request his recusal.

Article 21: Prosecutors recusing themselves may make submissions and explain their reasons either orally or in writing. Requests submitted orally shall be recorded in case files.

Article 22: The People’s Procuratorate shall notify parties and their legally-designated representatives of their right to apply for recusal in accordance with law , and inform them of the names and positions and other relevant circumstances of the persons handling their case, such as prosecutors and clerks.

Article 23: Requests by parties and their legally-designated representatives for recusals shall be submitted to the people’s procuratorate in writing or orally, along with the reasons; requests for recusals submitted in accordance with article 29 of the Criminal Procedure Law shall provide relevant evidentiary materials. Upon review or investigation, the people’s procuratorate shall decide on recusal where the conditions for recusal are met; where conditions for recusal are not met, the application shall be rejected.

Article 24: The recusal of the chief prosecutor’s is decided upon through deliberation by the prosecutorial committee. The deputy chief prosecutor shall preside when the chief prosecutor’s withdrawal is under deliberation in the prosecutorial committee, and the chief prosecutor must not participate. The withdrawal of other prosecutors are decided upon by the chief prosecutor.

Article 25: Parties and their legally-designated representatives requesting that responsible persons from the public security organs be recused, shall make a submission to the people’s procuratorate at the same level, and the chief prosecutor shall submit the issue to the prosecutorial committee for deliberation and decision.

Article 26: Parties and their legally-designated representatives requesting that responsible persons from the public security organs be recused, shall make a submission to the people’s procuratorate at the same level, and the chief prosecutor shall submit the issue to the prosecutorial committee for deliberation and decision.

Article 27: After a People’s Procuratorate makes a decision to reject an application for withdrawal, it shall inform parties to the cases and their legally-designated representatives that they have the right to apply for a single reconsideration, within 5 days of receiving the decision dismissing the application for recusal, to the organ making the original recusal decision, if they do not agree with the decision.

Article 28: Where parties and their representatives disagree with the rejection of an application for recusal and apply for reconsideration, the deciding organ shall make a decision on reconsideration and inform the applicants of their decision in writing within three days.

Article 29: Investigators or persons conducting supplemental investigation in cases directly accepted by the people’s procuratorates must not suspend the investigation before a final decision on recusal is issued or during the reconsideration period.

Article 30: Investigators who have participated in the investigation of a case must not undertake the reviews for approval of arrest or prosecution or litigation supervision in the same case.

Article 31: Where a prosecutor is recused because he meets one of the circumstances provided in Article 28 or Article 29 of the Criminal Procedural Law, the prosecutorial committee or the chief prosecutor will determine whether evidence acquired and litigation actions undertaken before the recusal decision are effective, according to the specific facts of the case.

Article 32: The prosecutorial personnel referred to in this chapter include chief procurators, deputy chief procurators, prosecutorial committee members, procurators, and assistant procurators.

Article 33: The provisions on recusal in this regulation apply to clerks, judicial police, and interpreters or expert evaluators employed or appointed by the people’s procuratorates.

The chief prosecutor decides on the recusal of clerks, judicial police, and interpreters or expert witnesses employed or appointed by the people’s procuratorates.

Defenders and agents ad litem may request withdrawal or apply for reconsideration in accordance with the provisions of the Criminal Procedural Law and this regulation.

 

Chapter IV: Defense and Representation

Article 34: In the course of handling cases, people's procuratorates shall ensure suspects' right to a defense.

Article 35: When the defender or agent ad litem raises a request or demand or submits relevant written materials to a people's procuratorate, the case management department shall accept them and promptly transfer them to the case-handling department or contact and coordinate with the case-handling department; except as otherwise provided by this regulation, the case-handling department is responsible for handling the specific affairs.

Article 36: When interrogating a suspect for the first time or when adopting compulsory measures against him, the people's procuratorate’s investigation department shall notify the criminal suspect that he has the right to retain a defender, and inform him that he has not hired a defender due to economic or other hardships, he may apply for legal aid. For those within the circumstances provided in Article 34 of the Criminal Procedural Law, the criminal suspects shall be informed that he has the right to receive legal aid.

Within three days of the people's procuratorate receiving materials for review for indictment, the prosecution department shall inform criminal suspects that they have the right to retain a defender, and inform them that if they have not hired a defender due to economic or other hardships, theu may apply for legal aid. For those within the circumstances provided in Article 34 of the Criminal Procedural Law, the criminal suspects shall be informed that they have the right to receive legal aid.

The information may be given orally or in writing. Where orally informing, it shall be recorded recorded in the notes with the informed party’s signing; the delivery receipt for written notifications shall be put in the file.

Article 37: When people’s procuratorates handle cases that they directly accepted, filed and investigated, or cases of review for arrest or review for indictment, and suspects in custody or under residential surveillance in a designated location raise a request to retain a defender, the investigatory department, investigation supervision department , and prosecution department shall promptly send the request to his guardian, close relatives or a person appointed by him, and record this in the case.

Article 38: During the investigation period, criminal suspects can only entrust lawyers as their defender. During the review for prosecution period, criminal suspects can retain lawyers, as their defenders and may also retain those recommended by People’s organizations or his work-unit, or his guardian, friends or relatives. The following persons, however, must not be retained to serve as defenders:

(1) Persons currently employed in the people's courts, people's procuratorates, public security organs, state security organs or prisons;

(2) People's assessors;

(3) Foreigners or stateless persons;

(4) Persons who have an interest in the case;

(5) Persons whose personal liberty has been lawfully deprived or otherwise restricted;

(6) Persons serving a suspended sentence, on parole, or whose criminal punishment has not yet been completed;

(7) Persons who are incompetent or have limited capacity.

A single defender must not defend two or more suspects in the same case, and must not defend two suspects whose cases are not being handled together but were connected.

If a person descibed in the fourth item of the first paragraph of this article is the close relative or guardian of a criminal suspect and does not fall within situations 5-7 of the first paragraphs, the criminal suspect may retain them as their defender.

Article 39: Judicial and procuratorial personnel must not be entrusted as defenders within two years of leaving the people’s courts or people's procuratorates.

After leaving a post at a people’s procuratorate, a prosecutor must not serve as a defender in cases handled by the People's Procuratorate were he formerly served. An exception exists for cases where the criminal suspect's guardian or close relatives conduct the defense.

Spouses and children of procurators must not serve as defenders in cases handled by the people’s procuratorate where the procurator worked.

Article 40: A criminal suspect may retain one or two persons as his defenders.

Lawyers serving as an agent ad litem must not accept the representation of two or more victims in the same case simultaneously, or participate in criminal procedures.

Article 41: Where people's procuratorates handling cases tat were directly accepted, filed and investigated or cases on review for indictment, discover that a criminal suspect who has not retained a defender is blind, deaf, dumb, or is a mentally ill person that has not completely lost their capacity to recognize or control their behavior, or may be sentenced to life imprisonment or the death penalty; the legal aid organization shall be promptly notified in writing to designate counsel to provide him a defense.

Article 42: People's procuratorates receiving applications for legal aid from suspects in custody or under residential surveillance in a designated location shall send their application materials to a legal aid organization within 3 days, and notify guardians, close relatives, or other persons he has appointed to assist with providing relevant documents, certificates and related materials.

Article 43: When suspects refuse the defense of attorneys appointed to them by a legal aid office, the people's procuratorate shall clarify the reasons for the refusal and, and approve it if there is a legitimate reason; but, were the criminal suspect must entrust another defender and has not yet separately retained anoter defender, the legal aid office shall be notified in writing to appoint another lawyer as his defender.

Article 44: After a defender has accepted a representation and informed the people's procuratorate, or after a legal aid office appoints a lawyer and informs the people's procuratorate, the people's procuratorate’s case management department shall promptly register the defender’s relevant information and notify the relevant case handling departments of the circumstances and transfer the materials to the relevant department.

The case management department of the people's procuratorate shall check the practice license, law firm proofs and retainer letter of the lawyer handling the matter, or their legal aid letter. For other defenders and agents ad litem, their IDs and letters of retention shall be examined.

Article 45: In especially major bribery cases where criminal suspects are in custody or under residential surveillance, when sending te suspect to the detention center or to public security organs for enforcement, the people's procuratorate’s investigation department shall notify the detention center or public security organs in writing that if the defense attorney meets with the suspect during the investigation period, it shall be only upon approval of the people's procuratorate.

It shall be regarded as an especially major bribery case in any of the following circumstances:

(1) The alleged amount of the bribery is more than 500,000 Yuan, and the circumstances of the crime are heinous;

(2)The case has a significant social impact;

The case involves major state interests.

Article 46: If defense counsel wishes to meet a suspect who is in custody or under residential surveillance during the investigation period of an especially major bribery case, the people's procuratorate’s investigation department shall submit an opinion on whether to permit it and report the chief prosecutor for a decision within 3 days and reply to the defense lawyer.

After the circumstances obstructing the investigation of an especially major bribery case being handled by the People's Procuratorate disappear, the detention center or public security organs implementing residential surveillance and defense lawyer shall be notified that the defense lawyer can meet the criminal suspects without getting permission.

People's procuratorates shall permit the defense attorney to meet with criminal suspects before the investigation terminates in especially serious bribery cases.

Article 47: Starting from the date that the case is transferred for review for indictment, the people's procuratorate shall allow defense counsel to read, copy and reproduce case file materials.

Case file materials include litigation documents and evidentiary materials

Article 48: Starting from the date that a case is transferred for review for indictment, where defenders other than defense lawyers request to read, copy or reproduce case file materials or apply to meet or communicate with criminal suspect in custody or under residential surveillance, the people's procuratorate’s public prosecution department shall check whether the applicant has credentials to be a defender and submit an opinion on whether to approve , and report to the chief prosecutor and notify the applicant in writing within three days.

If the people's procuratorate allows communication between a defender other than a lawyer and the criminal suspect, it may ask the detention center or public security organs to send the letters to the people's procuratorate for inspection..

In any of the following circumstances the people's procuratorate may deny requests by defenders other than lawyers to read, copy or reproduce case file materials or to meet or communicate with a criminal suspect who is detained or under residential surveillance:

(1) The co-suspects from the same case are at large;

(2)The facts of the case are not clear and the evidence is insufficient; there are omitted criminal suspects that must be further investigated;

(3)The crime involves state secrets or commercial secrets;

(4) There are facts showing that there is the possibility of collusion, destruction or fabrication of evidence or a threat the personal safety of witnesses.

Article 49: The case management department shall make timely arrangements for defense counsel or other defenders with the permission of the people's Procuratorate, to consult, extract and duplicate case files, and the prosecution department shall provide the case files materials. If due to the public prosecution department's work or other factors arrangements cannot be promptly made, an explanation shall be given to the defender and the public prosecution shall cooperate in arranging for the files to be read within three business days.

The reading , copying and reproduction of case file materials shall be conducted in special venues established by the people's procuratorate. When necessary, the people's procuratorate may appoint staff to assist at the venue.

Defenders copying case materials may do so by means of photocopy or photography, and the people's procuratorate will only collect necessary work capital. The people's procuratorate shall reduce or waive the feels for reproducing case file materials for defense counsel handling legal aid cases on the basis of the specific case circumstances.

Article 50: After the case has been transferred for examination and prosecution, if the defender believes that the evidence collected by public security organs proving the criminal suspect’s innocence or mitigation has not been submitted he/she may apply to the People’s Procuratorate to obtain these materials from the public security organs. The case management department should transfer these application materials to the investigation supervision or public prosecution department in a timely manner. After examination, if the People's Procuratorate believes that the evidence proposed by the defender has been collected and is relevant to with the facts of the case, the People's Procuratorate shall approve that the evidence be presented; if the evidence has not been collected or is irrelevant to the facts of the case, the People's Procuratorate shall decline the defender’s application and provide explanations. When the public security organs transfer relevant evidentiary materials, the People's Procuratorate should inform the defender within three days.

Cases directly investigated by People's Procuratorate shall be handled in accordance with the provisions of this article.

Article 51: During the course of the people's procuratorate’s investigation, review for arrest or review for indictment, if the defender collects evidence showing that the criminal suspect was not at the scene of the crime, has not reached the age of criminal responsibility, or is a mentally ill person not bearing criminally responsibility in accordance with law, and informs the people's procuratorate, the relevant case handling departments of the people’s procuratorate shall promptly conduct an examination into the matter.

Article 52: Where after the case is transferred for review for indictment, defense counsel applies for the collection or gathering evidence pursuant to the first clause of Article 41 of the Criminal Procedure Law, the case management department of People's Procuratorate shall promptly transfer the application materials to the prosecution department.

Where the people's procuratorate considers it necessary to collect or gather evidence, it shall decide to do so and make notes to attach to case file; if deciding not to collect or gather evidence it shall provide a written explanations of the reasons.

The defense counsel may be present when the people's procuratorate collects and obtains evidence in accordance with defense counsel's request.

Article53: When the defense counsel applies to gather evidence relevant to the case from victims, their close relatives, or witnesses provided by the victims, and submits a request to the people's procuratorate, it is handled with reference to the first clause of Article 52 of this regulation, and the people's procuratorate shall issue a decision on whether to give permission within 7 days and notify the defense lawyer. Where the people's procuratorate does not give permission, it shall explain its reasons in writing.

Article 54: If during the course of an investigation, a review for arrest or a review for indictment, the defender requests that his opinions be heard, the people’s procuratorate’s case management department shall promptly contact the investigation department, investigation supervision department, or prosecution department and make arrangements for hearing his opinions. Where the defender submits written opinions, the case management department shall promptly transfer them to the investigation department, investigation supervision department, or public prosecution department.

Article 55: Within three days of the date on which it receives case materials transferred for review for prosecution, the people's procuratorate shall inform the victim, his legally-designated representatives or close relatives and the parties to attached civil lawsuits and their legally-designated representatives, that they have the right to retain an agent ad litem.

Notification can be made orally or in writing. A record shall be drafted for oral notifications and signed by the persons notified; the delivery receipt for written notification shall be placed in the file; and where notification is impossible, this shall be noted in the case file.

If the victim has a legally-designated representative, the victim’s legally-designated representative shall be informed; if the victim does not have a legally-designated representative, his close relative shall be informed.

If there are two or more legally-designated representatives or close relatives, a single one of these may be informed, and notice shall be given in accordance with the priority sequence in clause 3(6) of article 106 of the Criminal Procedure Law.

Where parties or their legally-designated representatives or close relatives retain agents ad litem, proceed with reference to the provisions of Article 32 of the Criminal Procedural Law and Articles 38, 39, and 44 of this regulation.

Article 56: Where, upon permission of the people's procuratorate, agents ad litem read, copy or reproduce case files materials, it is handled with reference to articles 47 to 49 of this regulation.

For cases where lawyers serve as agents ad litem and it is necessary to apply to the people’s procuratorate to collect or gather evidence, it is handled with reference to article 52 of this regulation.

Article 57: If a defender or litigation representative believes that a public security organ, people's procuratorate, people's court or their personnel are exhibiting any of the following behaviors that obstruct his lawful exercise of litigation rights, he may appeal or make an accusation to the people's procuratorate at the same or higher level, and the procuratorate's accusations department shall accept and handle it in accordance with the law, and the relevant case-handling organs shall cooperate:

(1) Would not accept a defender or agent ad litem's submissions requesting a recusal, or would not accept an application for a reconsideration of a recusal decision.

(2) Failed to inform criminal suspects and defendants of their legal right to entrust a defender;

(3) Failed to convey a request to retain a defender from a criminal suspect or defendant in custody or under residential surveillance.

(4) Failed to notify legal aid agencies to designate a defender for eligible criminal suspects, defendants, or those subject to an application for compulsory medical treatment; where required to so notify.

(5) Did not accept or reply to the defender’s request to change or lift compulsory measures within the specified time;

(6) Failed to inform a defense lawyer of the crime which the suspect is accused of and other circumstances relevant to the case, in accordance with law;

(7) Unlawfully restricted a defense lawyer from meeting or corresponding with a criminal suspect or defendant in custody or under residential surveillance;

(8) Unlawfully forbid a defense lawyer from reading, copying or reproducing case materials;

(9) Unlawfully restricted a defense lawyer from collecting or verifying evidentiary materials;

(10) Declined defense counsel's application to collect and obtain evidence or to have witnesses notified to appear in court to testify without a legitimate reason, or where they did not respond to such application or did not state any reason;

(11) Failed to submit evidence, in accordance with law, which shows the defendant’s innocence or the lightness of the offense.

(12) Failed to hear to a defender or agent ad litem’s opinions;

(13) Failed to promptly notify a defender or agent ad litem of the time and location of trial in a timely manner;

(14) Failed to promptly deliver relevant legal documents from the case to the defender or agent ad litem, or failed to inform them of the transfer circumstances in a timely manner.

(15) Obstructed defenders or agents ad litem from exercising their litigation rights;

(16) Other actions which obstructed a defender or agent ad litem from exercising litigation rights.

If a defender or agent ad litem believes that the detention center or its staff have hindered the exercise of their lawful litigation rights, and raises a complaint or accusation to the people's procuratorate, the prisons supervision department shall receive and handle it in accordance with law; if the accusations department receives a complaint or accusation, they shall promptly transfer it to the prisons supervision department.

Article 58: If a defender or agent ad litem believes that his lawful exercise of litigation rights has been obstructed, and raises a complaint or accusation to the people's procuratorate, the people's procuratorate shall conduct a review within 10 days, and upon decision by the the chief procurator, notify the relevant organs, departments within the procuratorate,or the people's procuratorate at the level below, to make corrections and send a written reply regarding the disposition to the defender or agent ad litem who brought the complaint or accusation.

Article 59: If a defense lawyer informs a people's procuratorate that his client or other persons are preparing to carry out or are currently carrying out crimes endangering national security or public security, or crimes severely endangering the personal safety of others, the people's procuratorate shall receive it and and immediately transfer it to the relevant organs, in accordance with law.

The People's Procuratorate shall maintain confidentiality for the defense lawyer who informs them of these situations.

Article 60: If a people's procuratorate discovers that a defender helped a criminal suspect or defendant conceal, destroy or fabricate evidence, or colluded with, threatened or enticed witnesses to commit perjury, or had other actions that interfered with the criminal proceedings of judicial organs and which might be criminal, the people's procuratorate, upon permission from the chief prosecutor, shall handle the situation according to the following provisions:

(1) If the suspected crime is within the jurisdiction of public security organs, the leads or evidentiary materials regarding the defender’s suspected crime shall be transferred to the public security organs at the same level to be handled in accordance with relevant provisions;

(2) If the suspected crime is within the jurisdiction of the people's procuratorate, it shall be transferred for filing and investigation to the people's procuratorate at the level above or to another people's procuratorate designated by the people's procuratorate at the level above. The people's procuratorate at the level above must not designate a people’s procuratorate under the people's procuratorate that is handling the case that the lawyer is undertaking.

If the defender is a lawyer, the people's procuratorate that is designated as having jurisdiction shall give written notice to his law firm and the lawyers association to which he belongs,as it files and investigates case.

 

Chapter V Evidence

Article 61: In case-handling activities such as filing and investigation, review for arrest and review for indictment, people’s procuratorates shall have an evidentiary basis for determining facts on which the verdict is based.

In public prosecutions, the people’s procuratorate bears the burden of proof to show defendant’s guilt. When initiating a public prosecution and making charges, people’s procuratorates shall provide evidence that is credible and sufficient, and use evidence to make proofs.

People’s procuratorates initiating public prosecutions shall abide by the principle of objectivity and justice, and provide the people's court with all evidence showing the defendant's guilt and the severity or lightness of the crime.

Article 62: Review and assessment of evidence shall be conducted through comprehensive review including factors such as the specific circumstances of the case, the degree of relevance between the evidence and facts to be proven, the interrelations of different pieces of evidence, and whether the evidence was collected following legal procedure.

Article 63: In cases where the People’s Procuratorate terminates the investigation or brings public prosecution, its evidence shall be credible and sufficient. Credible and sufficient evidence shall meet the following requirements:

(1) There is evidence supporting both conviction and sentencing facts;

(2) Evidence on which the verdict was reached has been examined and verified according to statutory procedures;

(3) Taken together, the total evidence from the case eliminates all reasonable doubt as to the facts ascertained.

Article 64: Physical and documentary evidence, audio-visual materials, and electronic data collected by administrative organs in the course of law enforcement and case investigation shall be transferred in the name of that administrative organ and may be used as evidence upon reviewed for compliance with statutory requirements by a people's procuratorate.

All appraisals, inquests, and investigation records gathered by an administrative organ in the course of law enforcement and case investigation may be used as evidence upon review for compliance with statutory requirements by a people's procuratorate.

In cases that are directly accepted and investigated by a people’s procuratorate, all statements and testimony from persons involved in the case, which were collected during the course of administrative law enforcement and case investigation, shall be collected again; where there is credible evidence that it cannot be recollected because the person involved in the case is too remote or has died, disappeared or lost his capacity to testify, but that the statement or testimony was collected legally from a lawful source and there is other corroborative evidence, it may be used as evidence upon review for compliance with statutory requirements by a people's procuratorate.

Organizations vested, by statute or regulation, with the professional duty to investigate administrative and disciplinary violations are included in 'administrative organs' as provided in this article.

Article 65: Confessions from a criminal suspect that were exacted by torture or other illegal means, and witness or victim statements obtained through violence, threats or other illegal means, shall be excluded, and must not be used as the basis for an application for arrest, the approval or decision of arrest, a transfer for review for prosecution, the transfer for review for prosecution, or an indictment.

Exacting confessions by torture refers to the use of corporal punishment, or the covert use of corporal punishment, to make a criminal suspect suffer severe physical or mental pain or suffering, so as to exact a confession.

'Other illegal means' refers to methods involving a degree of illegality and compulsion against a criminal suspect that is equivalent to the use torture, violence or threats to exact a confession, and that compel a criminal suspect to confess against his will.

Article 66: Confessions from a criminal suspect that were exacted by torture or other illegal means, and witness or victim statements obtained through violence, threats or other illegal means, shall be excluded, and must not be used as the basis for an application for arrest, the approval or decision of arrest, a transfer for review for prosecution, the transfer for review for prosecution, or an indictment.

A people’s procuratorate shall examine the corrections or explanations provided by investigative organs. Upon the investigative organs's corrections or making a reasonable explanation, the evidence may be used as the basis of an arrest approval or decision, or an indictment.

‘Might seriously affect judicial fairness’ in the first clause of this article refers to conduct in the collection of physical or documentary evidence that does not comply with statutory procedures, where the violation was clear or where the circumstances were severe, and which might cause serious harm to the fairness of judicial organs' case-handling; making 'corrections' refers to remedying non-substantive flaws in the evidence gathering process; and 'reasonable explanations' refers to making an explanation for procedural flaws that complies with common sense and logic.

Article 67: People’s procuratorates discovering upon review that there was illegal conduct provided for under article 54 of the Criminal Procedure Law, shall exclude the evidence in accordance with law, and then, where other evidence cannot prove that the suspect committed the criminal acts, shall not approve or decide to arrest; where the case has already been transferred for review for prosecution, the case may be returned to the investigative organ for supplementary investigation or a non-prosecution decision may be made.

Article 68: Where during the investigation, review for prosecution or judgment phases, a people’s procuratorate discovers that investigators collected evidence through illegal means, it shall promptly conduct an investigation, upon reporting to the chief procurator for permission.

If a criminal suspect, his defender or agent ad litem reports a case, makes an accusation, or reports internally that investigators employed torture to exact confessions or other illegal methods of evidence gathering, and he provides materials or leads such as the personnel, times, location, means, and substance involved in the suspected illegal evidence gathers, the people’s procuratorate shall accept it and conduct an examination; If it is not possible to prove that the evidence was obtained legally based on the currently available materials, an inquiry and verification shall be promptly conducted, upon reporting to the chief procurator for permission.

Where the people’s procuratorate at the level above receives a report, accusation or whistleblower report that investigatory personnel employed torture to exact confessions or other illegal methods of gathering evidence, it may directly conduct an inquiry and verification, or it may give it to a lower-level people’s procuratorate for inquiry and verification. For those that are transferred to a lower-level people’s procuratorate for inquiry and verification, the lower-level people's procuratorate shall promptly report the inquiry results to the higher-level people’s procuratorate.

Where the people’s procuratorate decides to inquire into and verify a case, it shall promptly inform the case-handling organ.

Article 69: The investigation supervision department is responsible for inquiry and verification into illegally obtained evidence during the investigation phase; during the review for indictment and trial phases, the prosecution department is responsible. When necessary, the abuse of office department may assign staff to participate.

Article 70: A People’s Procuratorate may adopt the following measures to inquire into and verify illegally evidence gathering activity:

(1) interrogating criminal suspects;

(2) Questioning case handling personnel;

(3) Questioning personnel at the scene and witnesses;

(4) hearing the opinions of the defense lawyer;

(5) Obtaining the interrogation records, or audio-visual recordings of the interrogations;

(6) Obtaining and examining the records from the criminal suspect's medical examinations made on entering and exiting the detention center, and other relevant materials;

(7) Perform an examination or appraisal of injuries or illness;

(8) Other means of inquiry and verification.

Article 71: After the inquiry is complete, the people’s procuratorate shall draft an investigation report and offer opinions on the disposition based on the clarified circumstances, and upon reporting to the chief procurator for a decision, handle the situation in accordance with law.

Where during the review for arrest or review for prosecution, case-handling personnel lawfully exclude evidence upon having conducted an inquiry and verification, they shall provide an explanation in the inquiry report. The excluded evidence shall be transferred along with the case file.

Where there is truly a situation of illegal evidence gathering, but it does not constitute a crime, a corrective opinion shall be made in accordance with law to the organ to which the persons investigated belong. Where corrections or a reasonable explanation is needed, clear request shall be submitted.

Where, upon review, it is found that illegal evidence gathering conduct constitutes a crime that needs to be prosecuted for criminal responsibility, it shall be transferred for case filing and investigation in accordance with law.

Article 72: When a people’s procuratorate finds that there is a situation of illegal evidence gathering, it may request in writing that investigative organs provide an explanation as to the lawfulness of the evidence gathering. The explanation shall bear the work unit's seal and be signed by the investigators.

Article 73: In any of the following circumstances, a people’s procuratorate may obtain audio or video recordings of the public security organs’ interrogation of the criminal suspects form a case filed and investigated by public security organs, and may conduct a review of the lawfulness of evidence gathering as well as the veracity of suspects or defendants' confessions:

(1) it is found that torture might have been used to exact confessions or other illegal evidence gathering conduct might have occurred during interrogation activities;

(2) a criminal suspect, defendant, or his defender submits that the suspect or defendant's confessions were obtained illegally, and provides relevant leads or materials;

(3) A criminal suspect or defendant raises objections to the legality of interrogation activities, or reverses his confession, and provides relevant leads or materials;

(4)The case is significant, difficult or complicated.

In cases directly accepted, filed and investigated by a people’s procuratorate, when the investigative department transfers the case for review for arrest or review for indictment, it shall transfer the audio or video recordings of interrogations together with case file materials.

Article 74: For public prosecution cases, when a defendant or his defender submits that a pre-trial confession was obtained illegally and provides relevant leads or materials, the people’s procuratorate may transfer the audio-visual recordings of the interrogation to the people’s court along with the case file materials.

Article 75: Where in the course of trial, a defendant or his defender raises objections as to the lawfulness of interrogation activities, a public prosecutor may request that the defendant and his defender provide relevant leads or materials. When necessary, a public prosecutor may ask the people's court to play the audio-video recordings of interrogations from relevant periods in court, and carry out verification of the relevant objections or facts.

When it is necessary to play audio or video recordings involving state secrets, commercial secrets, individuals' personal information or any other content inappropriate for disclosure, a public prosecutor shall suggest that the audio-video recordings be played only among members of the court, public prosecutors, investigators, the defendant and his defender. When a people’s procuratorate technologically alters content in the audio/video interrogation recordings because it relates to state secrets, commercial secrets, individual's personal information, or clues to another crime, the public prosecutor shall make an explanation to the court.

Article 76: Where during the course of a people’s procuratorate’s handling a criminal case of crimes endangering national security, terrorist activities, organized crime societies, drug crimes or other such cases, a witness, expert or victim faces a threat to their personal safety or that of their close relatives as a result of their testimony in court, and requests protection from the people’s procuratorate, the procuratorate shall accept and promptly review the request. Where a threat to personal safety truly exists, necessary protective measures shall be adopted immediately. A people’s procuratorate discovering that the above circumstances exist may pro-actively take protective measures.

A people’s procuratorate may adopt one or more of the following protective measures:

(1) Not disclosing true personal information, such as names, residential addresses, and work places;

(2) Suggesting that the court adopt measures for in-court appearances to testify that do not reveal appearances, true voices etc.;

(3) Prohibiting certain people from having contact with the witnesses, assessors, or victims as well as their close relatives;

(4) Adopting special protective measures for their persons and residences;

(5) Other necessary protective measures.

A People’s Procuratorate that has decided not to disclose witnesses, assessors, or victims' personal information such as their names, residential addresses, and work-units, may substitute pseudonyms and the like in place of this information in the indictment, interrogation transcripts, or other legal documents and evidentiary materials. However, it shall separately submit a written explanation of the use of pseudonyms and clearly identify its classification level.

People’s Procuratorates may request the cooperation of relevant work-units and individuals when taking protective measures in accordance with law.

Where the threatening, demeaning, beating, or retaliating against witnesses or their close relatives constitutes a crime or should be given a public security administrative punishment, the people’s procuratorate shall transfer it to a public security organ for handling; or, where the circumstances are minor, may criticize, educate and reprimand.

Article 77: The People’s Procuratorate shall provide subsidies for witnesses' travel, accommodation, food, and other expenses incurred when fulfilling their obligation to testify during the people’s procuratorate’s investigation and review for prosecution phases.

Chapter VI: Compulsory Measures

Section 1: CustodialSummons

Article 78: According to the circumstances of the case, the people’s procuratorate may use custodial summonses for criminal suspects.

Custodial summonses shall be upon approval of the chief procurator and the signing of a custodial summons warrant.

Article 79: When performing a custodial summons, a custodial summons warrant should be presented to the criminal suspect being summoned. Restraints may be used to compel appearances by those resisting a custodial summons.

A custodial summons must be enforced by no less than two persons.

Article 80: The duration of the custodial summons is calculated beginning from the time of the criminal suspect's entry of appearance. After the criminal suspect's appearance, he shall be instructed to write the time of the appearance on the warrant and sign his or her name, leave a fingerprint or affix a seal and interrogation shall begin immediately after. After the conclusion of interrogation, the criminal suspect shall be instructed to write the time at which the interrogation concluded on the subpoena. When a criminal suspect refuses to so write, it should be noted by a procurator on the warrant.

The duration of a custodial summons may not exceed 12 hours; where case circumstances are particularly important or complicated, and detention or arrest is required, the continuous duration of custodial summons must not exceed 24 hours. Generally, the time separating two custodial summons must not be less than 12 hours and successive custodial summons must not be used as a covert form of detaining the criminal suspect.

When using custodial summons for a criminal suspect, his food, drink and necessary rest time shall be guaranteed.

Article 81: When the people’s procuratorate takes a criminal suspect into custodial summons, it shall be conducted at a location in the city or county where the suspect is located.

If the criminal suspect's work-unit and residence are not in the same city or county, the custodial summons should occur in the city or county of the criminal suspect's work-unit, but under special situations, it can also be performed in the city or county of the criminal suspect's residence.

Article 82: When it is necessary to alter the compulsory measures applied to a criminal suspect who is under custodial summons, it shall be upon decision by the chief procurator or the prosecutorial committee , and the formalities shall be handled within the period of custodial summons.

If during the period of custodial summons it is decided not to employ other compulsory measures, the custodial summons shall conclude when its duration is complete.

Section 2: Release on Guarantee Pending Further Investigation

Article 83: Criminal suspects may apply for release on guarantee pending further investigation in any of the following circumstances:

(1) they might be sentenced to controlled release, short-term detention, or independent application of a supplementary punishment;

(2) they might be sentenced to a punishment of a prison term or higher punishment, and adoption of release on guarantee pending trial will not pose a threat to society;

(3) they have a serious illness, are unable to care for themselves, are pregnant or a woman currently nursing her own child, and release on guarantee pending further investigation would not pose a treat to society;

(4) the time limit for detention of a criminal suspect has been reached, but the case has not yet been completed and release on guarantee pending further investigation is necessary.

Article 84: The people’s procuratorate must not permit criminal suspects who seriously endanger social order and security, or other criminal suspects whose crime was heinous and the circumstances serious, to be released on guarantee pending further investigation.

Article 85: When a criminal suspect who has been detained or placed under residential surveillance, their legally-designated representative, close family or defender applies for release on guarantee pending further investigation, and upon review, is found to have one of the circumstances provided for in article 83 of these Rules, he may be released on guarantee pending further investigation upon decision of the chief procurator.

Article 86: When a criminal suspect who has been detained or placed under residential surveillance, their legally-designated representative, close family members or defender applies for release on guarantee pending further investigation, the people’s procuratorate shall issue a response within three days as to whether or not they consent. If the criminal suspect is found through examination to meet the requirements of one of the circumstances of Article 83 of this Regulation, the procedures for providing release on guarantee pending further investigation to the detained criminal suspect should be handled in accordance with the law; but if they are found through investigation to not meet the conditions for release on guarantee pending further investigation, the applicant shall be notified and the reasons for not agreeing to release on guarantee pending further examination explained.

Article 87: When the people’s procuratorate decides to release a criminal suspect on guarantee pending further investigation, it shall instruct the criminal suspect to submit a guarantor or hand over a guarantee deposit.

A single suspect who has been allowed release on guarantee pending further investigation, must not use both guarantee methods of using a guarantor and using a guarantee deposit at the same time.

When the people’s procuratorate decides to release a criminal suspect with one of the following circumstances on guarantee pending further investigation, it may instruct him to submit one or two guarantors:

(1) he is unable to hand over a guaranty deposit;

(2)he is a minor or a person already 75 years-old.;

(3) Other circumstances where collecting a guaranty deposit is inappropriate.

Article 88: When using the guarantor method to provide a guarantee, the guarantor should meet the requirements of Criminal Procedural Law article 67, and have the people’s procuratorate upon review.

Article 89: The people’s procuratorate should inform the guarantor to fulfill the following duties:

1. Oversee that the guaranteed individual abides by the regulations of Criminal Procedural Law Article 69;

2. Upon discovering the guaranteed individual might, or already did, engage in activity that violates of the provisions of Criminal Procedural Law article 69, promptly report this to the enforcement organ.

After the guarantor has promised to take on the above duties, he shall sign or affix his seal to the release on guarantee pending further investigation guarantee agreement.

Article 90: When using a guarantee deposit as guarantee, the people’s procuratorate may instruct a criminal suspect to pay a deposit of ¥1000 or more, or¥500 or more for juvenile suspects, based on factors such as the danger to society posed by the criminal suspect, the nature, circumstances and harmful consequences of the case, the severity of the potential sentence, and the criminal suspect's economic situation.

Article 91: When releasing a criminal suspect on guarantee pending further investigation, case handling personnel will submit opinions, the person in charge of the department shall review and verify, and the chief procurator shall make a decision.

Article 92: When the people’s procuratorate decides to release a criminal suspect on guarantee pending further investigation, it should produce a certificate of release on guarantee pending further investigation that clearly states its duration, the method of guarantee, and the obligations the the person granted release on guarantee pending further investigation sahll fulfill and the regulations they shall abide by.

When making a release on guarantee pending further investigation decision, the people’s procuratorate may instruct the criminal suspect to abide by one or more of the following provisions as appropriate in accordance with the nature, dangerous consequences, and social impact of their crime and the specific circumstances of the criminal suspect and the victim:

(1) Must not enter designated areas;

(2) Must not meet or communicate with designated persons;

(3) Must not engage in specified activities;

(4) Give passports or other such entry/exit documents and drivers licenses to the enforcing agency for safekeeping.

Article 93: The People’s Procuratorate should read aloud the certificate of release on guarantee pending further investigation to the criminal suspect being granted release on guarantee pending further investigation, and the criminal suspect should sign it or affix his fingerprint or seal. The criminal suspect should be informed to abide by the provisions of Criminal Procedural Law Article 69 and told of the legal responsibility he bears should he violate them. When using a guarantee deposit as a guarantee, the criminal suspect should be instructed to make a one-time deposit into a special bank account designated by the public security organs. 。

Article 94: After reading the certificate of release on guarantee pending further investigation aloud to the criminal suspect, the people’s procuratorate should send a notice to carry out release on guarantee pending further investigation to the public security organs for implementation, and inform the public security organs that they should obtain the approval of the people’s procuratorate when assessing whether to approve the criminal suspect's travel outside of their city or county of residence. When using a guarantor for release on guarantee pending further investigation, the guarantor agreement should be sent to the public security organs simultaneously.

After the people’s procuratorate has received confirmation that the guarantee deposit has been transferred to the bank designated by the public security organ, it shall send the bank confirmation along with other relevant materials to the public security organs with the along with the notice to implement release on guarantee pending further investigation.

Article 95: When employing a guarantor as guarantee, if during the course of release on guarantee pending further investigation the guarantor becomes unwilling to continue acting as guarantor or loses the ability to act as a guarantor, the people’s procuratorate should, within three days of receiving the guarantor's application of unwillingness to continue guaranteeing, or upon realizing that the guarantor has lost the ability to serve as a guarantor, instruct the criminal suspect to submit another guarantor or hand over a guarantee deposit, and inform the public security bureau of the alteration.

Article 96: When using a guarantee deposit as guarantee, if the person being released on guarantee pending further investigation refuses to give over the guarantee, or if the amount paid does not satisfy the amount decided upon, the people’s procuratorate may decide to alter the compulsory measures, change the method of guarantee or change the amount of the guarantee deposit, and inform the public security organs of any changes.

Article 97: When public security organs inquire as to whether the people’s procuratorate consents to allowing a criminal suspect who has been released on guarantee pending further investigation to leave their city or county of residence during the period of release on guarantee pending further investigation, the people's procuratorate shall promptly make a decision based on the specific circumstances of the case, and notify the public security organs.

Article 98: People’s procuratorates discovering that a guarantor has not fulfilled his obligations under the provisions of Criminal Procedural Law Article 68, shall notify the public security organs and request that the public security organs issue a decision to fine the guarantor. If it constitutes a crime, the people’s procuratorate should pursue the guarantor's criminal liability in accordance with the law.

Article 99: Where the people’s procuratorate discovers that a criminal suspect has violated the provisions of Criminal Procedural Law Article 69 and they have already paid a guarantee deposit, it shall inform the public security organs in writing to confiscate part or all of the guarantee deposit and, according to the specifics of the case, either instruct the criminal suspect to make a statement of repentance and pay a new guarantee deposit or provide a guarantor, or make a decision to place him under residential surveillance or arrest.

If a public security organ discovers that a criminal suspect has violated the provisions of Criminal Procedural Law Article 69 and submits an opinion to confiscate the guarantee deposit or alter compulsory measures, the people’s procuratorate should make a decision within five days of the date on which it receives the opinion, and inform the public security authority.

When paying over a new guarantee deposit, the provisions of Article 90 and 91 of this Regulation shall apply; when providing a guarantor, the procedures provided in article 88 and 89 of this Regulation apply. Where the criminal suspect will continue to be released on guarantee pending further investigation, then the time for released on guarantee pending further investigation shall be calculated cumulatively.

Where it is decided to place criminal suspects under residential surveillance, residential surveillance formalities shall be completed, the period of residential surveillance shall be calculated anew and the criminal suspect informed.

Article 100: If the criminal suspect engages in any of the following acts violating the provisions of release on guarantee pending further investigation, the people’s procuratorate shall place the criminal suspect under arrest:

(1) intentional commission of a new crime.

(2) planing to commit suicide or flee, to avoid investigation or review for prosecution.

(3) destroying or fabricating evidence, colluding or interfering with the testimony of other witnesses, or sufficiently affecting the normal work of investigation and review for prosecution.

(4) attempts to attack or seek revenge on the victim, witnesses, informants, accusers or other personnel.

If the criminal suspect engages in any of the following acts violating the provisions of release on guarantee pending further investigation, the people’s procuratorate may place the criminal suspect under arrest:

(1) The criminal suspect leaves their city or county of residence on their own initiative without approval, causing serious consequences, or leaves their city or county of residence on their own initiative twice without approval.

(2) fails to appear when summoned, causing serious consequences; or fails twice to appear when summoned.

(3) does not inform the public security authority of changes to their address, work-unit, or method of contact within 24 hours, resulting in serious consequences.

(4) Violates regulations by entering a particular area, meeting or communicating with a particular person, or engaging in a particular activity, thereby seriously impeding the normal process of litigation.

Where is is necessary to arrest a criminal suspect in accordance with the above situations, he may first be taken into custody; for those that have already provided a guarantee deposit, the public security organs will be simultaneously informed to confiscate the guarantee deposit.

Article 101: When the people’s procuratorate decides to release a criminal suspect on guarantee pending further investigation, the period of release on guarantee pending further investigation may not exceed 12 months.

Article 102: When the public security authority decides to release a criminal suspect on guarantee pending further investigation, after the case is sent to the People’s Procuratorate for prosecution, the People’s Procuratorate should make a new decision about release on guarantee pending further investigation in accordance with law and handle the procedures for release on guarantee pending further investigation for the suspect. The duration for release on guarantee pending further investigation should be recalculated from zero and the criminal suspect so informed . For those who continue to be released under a guarantee deposit when he has not violated the provisions of Criminal Procedural Law Article 69, the amount of the guarantee deposit is not to be changed, nor is the guarantee deposit to be collected anew.

Article 103: During the period of release on guarantee pending further investigation, the case investigation and review for prosecution must not be suspended.

Article 104: Where the period for release on guarantee pending further investigation is completed or it is discovered that the criminal suspect should not be pursued for criminal responsibility, release on guarantee pending further investigation shall be promptly lifted or revoked.

Article 105: When lifting or revoking release on guarantee pending further investigation, the case-handling personnel shall put make comments, the responsible party of the department will review it and the chief procurators will make the decision.

Article 106: When making a decision to lift or revoke release on guarantee pending further investigation, the implementing institution shall be promptly notified, and a written decision to lift or revoke release on guarantee pending further investigation shall be delivered to the criminal suspect; where a guarantor was provided, the guarantor shall be notified that they have been relieved of their duties as guarantor.

Article 107: When the criminal suspect has not violated the provisions of Criminal Procedural Law Article 69, or it is realized that they should not be investigated for criminal responsibility and it is decided that their release on guarantee pending further investigation should be altered, lifted or revoked, the criminal suspect shall be informed that they may go to the bank to have their guarantee deposit returned to them on the basis of documents stating that release on guarantee pending further investigation has been altered, lifted, or revoked.

Article 108: When the criminal suspect, their legally-designated representative, close family, or defender feels that the period of release pending further investigation has been completed and requests that the people’s procuratorate end release on guarantee pending further investigation, the people’s procuratorate shall make a decision within three days. Where, after review, it is felt that the period is completed, release on guarantee pending further investigation is to be lifted upon approval of the head procurator; but if the review reveals that the period has not yet been completed, a written response should be made to the applicant.

Section 3: Residential surveillance:

Article 109: When a criminal suspect meets the conditions for arrest and has one of the following circumstances, the people’s procuratorate may use residential surveillance:

(1) They suffer from a serious illness or are unable to care for themselves

(2) They are pregnant or are currently nursing their own child.

(3) They are the only caretaker for an individual unable to care for themselves.

(4) Due to a special situation or the needs of the case, residential surveillance would be more appropriate.

(5) When the maximum period for detention has been completed but the case remains incomplete, so that residential surveillance needs to be adopted.

The 'caretaker' in item three of the previous paragraph includes parents' and grandparents' care for children and grandchildren; children and grandchildren's care for parents and grandparents; and mutual care provided among spouses and siblings

Criminal suspects who meet conditions for release on guarantee pending further investigation but are unable to provide a guarantor and do not pay over a guarantee deposit may be placed under residential surveillance.

Article 110: Residential surveillance should take place at the criminal suspect's home. For those criminal suspects with no fixed residence or who are implicated in especially serious bribery crimes where residential surveillance at their home might obstruct the investigation, it may be implemented at a separate designated location.

'Permanent residence' refers to the criminal suspect's lawful residence for working or living in the city or county of the institution handling the case.

The 'especially serious bribery crimes' in paragraph one of this article is to be determined in accordance with the provisions in Article 45 Paragraph 2 of this Regulation.

The following circumstances are considered obstructions to investigation:

(1) There is the possibility of destroying or falsifying evidence, interfering with witness testimony, or engaging in collusion.

(2)There is the possibility of suicide or escape.

(3)There is the possibility it may cause other participants in the same crime to escape investigation.

(4)Implementing residential surveillance in the criminal suspect's home might cause them to face danger.

(5) The criminal suspect's family or employees at his or her workplace are connected with the crime.

(6) The criminal suspect might attack or seek vengeance on informants, accusers, witnesses or others.

The designated location for residential surveillance should meet the following criteria:

It provides the conditions for normal living and rest; is convenient to monitor and manage; can ensure the safety in case-handling.

When utilizing a designated location for residential surveillance, it cannot be performed in a detention center, jail, prison or other detention and supervision facility, nor may it be undertaken in a holding room, interrogation room, or other specialized area for handling cases or office work.

Article 111: When deciding on residential surveillance of a criminal suspect, the case-handling personnel shall submit comments, the responsible party at the department review them, and the chief prosecutor make the decision.

When deciding upon residential surveillance in a designated location for criminal suspects implicated in especially serious crimes of bribery, the case-handling personnel shall submit an opinion, and the responsible party at the department shall review it, and after reporting to the chief prosecutor for approval, sent it along with the other case materials to the investigative department of the people’s procuratorate at the level above for review.

The people’s procuratorate at the level above should, after receiving the case materials, promptly make a decision on whether to approve the lower people’s procuratorate's request to employ residential surveillance in a designated location.

Where the people’s procuratorate at the levels above approves the use of residential surveillance in a designated location, it shall send a copy of the decision together with the case materials to the people's procuratorate at the level below, which shall notify the public security organ at the same level to implement surveillance. The lower level People’s Procuratorate shall send the confirmation of implementation to the higher level People’s Procuratorate.

Where the people’s procuratorate at the level above does not approve the use of residential surveillance in a designated location, it shall send a copy of its decision to the lower level people’s procuratorate and explain its reasons for not approving.

Article 112: When a decision is made to employ residential surveillance in a designated location for a case of an especially serious bribery crime, the investigative department of the people’s procuratorate shall conduct a review on the necessity of the residential surveillance in a designated location every two months starting on the day the decision was made; where it is no longer necessary to continue residential surveillance in a designated location or the case has already been concluded, the residential surveillance in a designated location shall be lifted or the compulsory measures should be altered.

If the criminal suspect, his legally-designated representative, close relatives, or defender feel that the requirements for residential surveillance in a designated location no longer exist, they have the right to apply to the people’s procuratorate for an alteration of the compulsory measures. The people’s procuratorate shall make a decision within three days; and where upon review it finds there is no need to continue residential surveillance in a designated location, shall lift the surveillance or alter the compulsory measures; where finding there is a need to continue residential surveillance at a designated location, it shall reply to the application and explain its reasoning.

Where residential surveillance at a designated location is lifter or compulsory measures are altered, the investigative department of at the lower level people’s procuratorate shall report to the people’s procuratorate at the level above to be put in the record.

Article 113: The people’s procuratorate shall read its decision to place a suspect under residential surveillance aloud to that suspect, and the criminal suspect will sign their name or affix their fingerprint or seal; and the criminal will be ordered to abide by the provisions of Criminal Procedural Law Article 75 and informed of the legal responsibilities they bear if they violate those provisions.

Where a location is designated for residential surveillance, the criminal suspect cannot be made to pay the expense of the residential surveillance.

Article 114: When placing a criminal suspect under residential surveillance in a designated location, the people’s procuratorate shall, within 24 hours of implementing the residential surveillance, notify the family of the reason the suspect is being placed under residential surveillance. Where notification is not possible, it shall be reported to the chief prosecutor and the reason clearly written and attached to the case file. As soon as the circumstances preventing notification have dissipated, the family members shall be immediately notified.

"No way to notify" includes the following situations:

(1) The individual placed under residential surveillance has no family;

(2) There is no way to contact the individual's family members.

(3) There is an obstruction due to a natural disaster or other force majeure.

Article 115: After the people’s procuratorate has verified the criminal suspect's residence or designated a residence for him, it shall draft a written notification implementation of residential surveillance and send it, together with relevant legal documents, the cause of action, and materials on the basic circumstances of the criminal suspect, to the public security authority at the location of residential surveillance for implementation; when necessary, the people’s procuratorate may assist the public security authority in implementation.

The people’s procuratorate shall inform the public security organ that when during the enforcement it intends to allow a suspect to leave the place of residential surveillance or meet with or communicate with others, it should first obtain the people’s procuratorate’s agreement.

Article 116: When, during residential surveillance, the public security organ inquires whether the people’s procuratorate consents to allow the criminal suspect to leave the site of residential surveillance or to meet or communicate with others, the people’s procuratorate shall make a decision on whether or not to consent according to the specifics of the case.

Article 117: The people’s procuratorate may, on the basis of the specifics of the case, request the public security organ’s assistance in employing electronic monitoring, irregularly timed inspections, and other such methods of monitoring criminal suspects under residential surveillance so as to monitor whether the criminal suspect is complying with the provisions of residential surveillance.

When the people’s procuratorate adopts residential surveillance of a criminal suspect in a case it has accepted directly and filed, it may, it may request the public security organs’ assistance in monitoring the criminal suspect's communications during the period of investigation.

Article 118: The people’s procuratorate shall supervise the lawfulness of decisions to adopt residential surveillance in a designated location.

When a lower level people’s procuratorate reports a case of residential surveillance in a designated location, the investigation oversight division of the people’s procuratorate at the level above should supervise whether the decision was legal.

In cases where the public security organ is implementing residential surveillance in a designated location, the investigation oversight department of the people’s procuratorate at the same level as the public security organ that made the decision will oversee whether the decision was legal.

When a people’s court has designated a location for residential surveillance because the defendant has no fixed residence, the prosecution division of the people’s procuratorate at the same level will supervise whether the decision was legal.

Article 119: When the individual placed under criminal surveillance in a designated location, his legally-designated representative, close family, or defender feels the investigative organ or people’s court's deccision to place them under residential surveillance at a specified location has unlawful circumstances, and makes an accusation or submits a complaint, the people’s procuratorate shall accept it and report or transfer it to the appropriate department with oversight responsibility as provided in Article 118 of these Regulations.

The people’s procuratorate may request that the investigative organ or people’s court provide the written decision to place the individual under residential surveillance in a designated location and the relevant case materials. Where upon review, it is discovered that one of the following unlawful circumstances exists, it shall promptly notify the relevant organs to make corrections:

(1) does not meet the requirements for appication of residential surveillance in a designated location.

(2) Did not follow statutory procedures for completing approval formalities;

(3) Other activities in violation of provisions in the Criminal Procedural Law occurred in the course of decision-making.

Article 120: The people’s procuratorate's prison inspection department conducts, in accordance with the law, has oversight over whether activities implementing residential surveillance at designated locations are lawful. Where the following unlawful circumstances are discovered, it shall immediately submit an opinion on how to make corrections;

(1) the family of the individual placed under residential surveillance was not notified within 24 hours of its implementation.

(2) Residential surveillance was implemented in a detention center or a specialized case-handling venue.

(3) The individual under residential surveillance was secretly aided in transmitting communications, or mailing private letters or items;

(4) Torture and forced confession, corporal punishment, abuse or covert forms of corporal punishment and abuse were used on the individual placed under residential surveillance.

(5) There is other activity infringing upon the lawful rights of an individual placed under residential surveillance or other unlawful activities.

If the individual placed under residential surveillance, their legally-designated representative, close relatives, or defender brings forward an accusation against the public security organ, the investigation division of the people’s procuratorate, or investigative personnel saying that any of the above illegal circumstances exist, the people’s procuratorate's accusation review department should accept the complaint and promptly transfer it to the jail inspections for handling.

Article 121: If a criminal suspect engages in any of the following activities violating provisions of residential surveillance, the people’s procuratorate shall place the criminal suspect under arrest:

(1) Intentionally engages in new criminal activity.

(2) Attempts suicide or flees to avoid investigation or review for prosecution;

(3) Destroys or fabricates evidence, engages in collusion, or interferes with witnesses' testimony enough so as to impact the normal conduct of investigation or review for prosecution.

(4) attempts to attack or seek revenge on the victim, witnesses, informants, accusers or other personnel.

If a criminal suspect engages in one of the following activities violating the provisions of residential surveillance, the people’s procuratorate may arrest the criminal suspect:

(1) Leaves the site of residential surveillace of his or her own accord without receiving permission, and causes serious consequences; or leaves the residence under surveillance twice of his or her own accord without receiving permission.

(2) meets or communicates with others of his or her own accordwithout receiving permission and causes serious consequences; or meets or communicates twice with others without receiving permission.

(3) Does not appear in court when summoned and causes serious consequences; or does not appear in court two times when summoned.

When it is necessary to arrest criminal suspects in accordance with the above situations, they may first be taken into custody.

Article 122: When a people’s procuratorate decides to place a criminal suspect under residential surveillance, it must not exceed six months at the longest.

Article 123: Where the public security authority has decided to place a criminal suspect under residential surveillance and after the case is sent to the people’s procuratorate to review for prosecution, where residential surveillance needs to be continued, the people’s procuratorate should make a new decision to place the criminal suspect under residential surveillance in accordance with the law, and complete the residential surveillance procedures . The duration of the residential surveillance shall be recalculated from zero and the criminal suspect notified

Article 124: The case investigation or review for prosecution must not be suspended during the period of residential surveillance.

Article 125: When the period of residential surveillance is completed or it is discovered that the criminal suspect shall not be pursued for criminal responsibility, residential surveillance shall be lifted or revoked.

Article 126: When lifting or revoking residential surveillance, an opinion shall be put forward by the case-handling personnel, reviewed by the department's responsible party and decided upon by the head procurator.

Article 127: When the decision is made to lift or revoke residential surveillance, the enforcement organs shall be notified and a document lifting or revoking the residential surveillance sent to the criminal suspect.

Article 128: When the criminal suspect, their legally-designated representative, close family, or defender feels that the period for residential surveillance is completed and requests that the people’s procuratorate lift the residential surveillance, the people’s procuratorate shall review and make a decision within 3 days. Where upon review it is felt that the time period is completed, after getting the approval of the head procurator, the residential surveillance is to be lifted; if upon review it is found that the legally proscribed time limit has not been exceeded, a written response should be made to the applicant.

Section 4: CustodialDetention

Article 129: In any of the following circumstances, a people’s procuratorate may decide to take a criminal suspect into custody :

(1) Attempts to commit suicide, escape or is on the run after committing a crime after committing a crime.

(2) There is a possibility that evidence will be destroyed or fabricated or that statements will be colluded.

Article 130: When taking a criminal suspect into custody, a people’s procuratorate must present a detention warrant.

When taking a person into custody, case handling personnel shall submit an opinion, the department's responsible party shall review, and the chief prosecutor shall make a decision.

Article 131: After making the decision to take a person into custody, a people’s procuratorate shall transfer the relevant legal documents, cause of action, and materials on the criminal suspects' basic circumstances to the public security organ at the same level for enforcement. When necessary, a people’s procuratorate may assist public security in enforcement.

After a person is taken into custody, the person in custody shall be immediately transferred to be detained at a detention center, within 24 hours at the longest.

Article 132: Where a criminal suspect who is representative of a People’s Congress at the county level or above is taken into custody for committing a crime, the people’s procuratorate shall immediately report this to the presidium or standing committee of the People’s Congress to which the representative belongs; where other circumstances make it necessary to take them into custody, a people’s procuratorate shall report to the presidium or standing committee of the people’s congress to which the representative belongs for authorization.

When a people’s procuratorate detains a criminal suspect who serves as a representative of a People’s Congress of the same level, it shall report this directly to the presidium or standing committee of the People’s Congress of the same level or report the circumstances for approval.

When detaining a criminal suspect who is as a representative of a People’s Congress at a higher level, this shall be immediately reported to the People’s Congress to which this representative belongs, or the circumstance reported for authorization.

When detaining a criminal suspect who serves as a representative to a People’s Congress at a lower level, a report or report of circumstances for authorization may be made directly to the presidium or standing committee of the People’s Congress to which the representative belongs, or the people’s procuratorate at the same level as the People’s Congress to which this representative belongs may also be entrusted to make the report or to report circumstances for autorization; when detaining a suspect who serves as a representative of a township, ethnic township, or town-level People’s Congress,the people’s procuratorate at the county level shall report to the township, ethnic, or town-level People’s Congress.

When detaining a criminal suspect who serves as a representative of People's Congresses at two or more levels , it shall report/request for permission according to paragraphs 2, 3, and 4 of this Article.

 

When detaining a criminal suspect who serves as a representative of a provincial, municipal or other regional People’s Congress other than that to which the case handling unity belongs, the people's procuratorate at the same level as the People's Congress shall be entrusted to make a report or report circumstances for authorization; where the representative serves as a representative of two or more levels of People's Congress, people's procuratorates at the levels of all the People's Congresses shall be separately entrusted to make reports or report the circumstances for authorization.

Article 133: After taking a criminal suspect into custody, a people’s procuratorate shall notify the person in custody's family members within 24 hours, unless there is no way to notify them.

When there is no way to notify them , a report shall be made to the chief prosecutor and the reason clearly written in the case files. After the circumstances preventing notification have disappeared, his family members shall be immediately notified.

"No way to notify" includes the following situations:

The person in custody has no family members;

He has no way to contact his family members;

obstruction by natural disaster or other force majeure.

Article 134: Interrogation of suspects in custody shall be conducted within 24 hours of their being taken into custody.

Article 135: If it is discovered that the person in custody should not have been taken into custody, he shall be immediately released; where he may be given release on guarantee pending further investigation or placed under residential suveillance in accordance with law, follow the relevant procedures in this Regulation for release on guarantee pending further investigation or residential surveillance.

Where it is necessary to arrest a criminal suspect who is in custody, arrest procedures shall be undertaken in accordance with relevant provisions of this Regulation. Where it is decided not to arrest, compulsory measures shall be promptly modified.

Article 136: The period of detention for people taken into custody by the people's procuratorate is 14 days, and may be extended by one to three days under special circumstances.

Article 137: When a citizen discovers a suspect or criminal who is in the course of committing a crime or has just committed a crime, is a wanted suspect, has escaped from prison,or is being chased, and turns them over to the people’s procuratorate, the people’s procuratorate shall accept them and decide whether to take emergency measures based on the specific circumstances. Where it not within its own jurisdiction, it shall transfer it to the competent authority.

Article 138: When a criminal suspect, his legally-designated representative, close relatives or defender feels that the criminal suspect or defendant’s statutory period of detention is completed and sumbits a request for his release of a modification of compulsory procedures the people’s procuratorate, the investigation department of the people’s procuratorate shall complete a review within three days.

Where the investigation department finds that the statutory term is complete, it shall submit an opinion to release the suspect or modify the compulsory measures, and after approval by the chief prosecutor, notify the public security organs for enforcement. Where, upon review, the statutory period is found to not have yet be complete, the appellant shall be responded to in writing.

The investigation department shall notify that people's procuratorate's prison inspection department of the review conclusions at the same time

Section 5: Arrest:

Article 139: The peoople's procuratorate shall provide for arrest where there is evidence proving the facts of crime, the sentence may be a prison term or higher, and adopting release on guarantee or residential surveillance is insufficient to prevent any of the following dangers to society:

(1) The criminal suspect or defendant may commit a new crime, which means that the suspect has committed multiple crimes, changed locations in committing multiple crimes, committed related crimes, or that his malignant attitude and criminal patterns indicate that he may commit a new crime, and there exists certain evidence to prove that the suspect has begun to plan, prepare, and carry out crimes.

(2) There exists real dangers, i.e. compromising national security, public security, or social order; namely there is some evidence or sign to prove or indicate that the suspect was actively planning, organizing, or preparing to carry out gross legal violations or criminal behaviors that could compromise national security, public security, or social order.

(3) Suspicion of falsifying evidences, interfering with witness testimony, or colluding in confessions means that there is some evidence or signs proving or indicating that the suspect has begun to carry out or attempt to destroy or falsify evidence, interfere with witness testimony, or collude in confessions before or after being brought to justice.

(4) There is some evidence or sign proving or indicating that the suspect may retaliate against a victim, informant, or accuser.

(5) ‘Attempts at suicide or flight means that the suspect has tried to commit suicide before or after being put into custody or that there is certain evidence or signs proving or indicating that the suspect has tried to commit suicide or flee.

‘There is evidence to prove the facts of a crime’ means that a situation fulfills all of the following conditions:

(1) There is evidence to prove the facts of a crime;

(2) There is evidence to prove that the suspect carried out the facts of a crime;

(3) The evidence proving that it was the suspect who carried out the crime have been verified to be true.

Facts of the crime could either include the single fact of criminal behavior or any one criminal behavior several criminal behaviors.

Article 140: When there is evidence to prove the facts of a crime and the criminal suspect or defendant may be sentenced to fixed-term imprisonment for more than ten years, approval or a decision for arrest shall be made.

When there is evidence to prove the facts of a crime, if a criminal suspect or defendant may be sentenced to imprisonment or heavier punishment and the suspect has committed crimes intentionally before or does not tell his/her true name and residence address, approval or a decision for arrest shall be made.

Article 141 : If the People’s Procuratorate finds through investigation that a criminal suspect on release on guarantee pending further investigation or under residential confinement has violated the provisions of release on guarantee pending further investigation or residential confinement, this situation should be dealt with according to Article 100 and Article 121 of this Regulation.

Article 142: A suspect who has carried out multiple criminal actions or is a member of a joint crime and fulfills the specifications of Article 139 of this Regulation shall be approved for arrest if any of the following conditions are met:

(1) There is evidence to prove he has committed one of multiple crimes;

(2) There is evidence to prove he carried out one criminal action among multiple criminal actions;

(3) In joint crimes, there is evidence to prove the facts of his crime.

Article 143: A People’s Procuratorate shall disapprove the arrest or decide not to arrest a criminal suspect under one of the following circumstances:

(1) Does not meet the conditions for arrest specified in Articles 139-142 of this Regulation;

(2) Fulfills any condition specified in Article15 of the Criminal Procedure Law.

Article 144: If the suspect’s suspected crime is minor and there is no other suspected major crime, a People’s Procuratorate may disapprove or decide against an arrest for the suspect if he/she fulfills on of the following conditions:

(1) Involved in preparative crime, aborted crime, or excessive self-defense;

The criminal suspect has slightly bad attitude in his first offence, is an accessary or coerced offender in a joint crime, has voluntarily surrendered himself after committing a crime, or has acted meritoriously, i.e. giving up illegally obtained property, compensating for loss, and showing true repentance;

(3) The criminal suspect committed a negligent crime and he or she has repented after the crime and effectively mitigated loss or actively compensates for it;

(4) The suspect and victim reached a settlement according to relevant specifications of the Criminal Procedure Law. The agreement has been examined and deemed to be a voluntarily, legal reconciliation and has been implemented or guaranteed;

(5) The suspect is a juvenile or student who is more than 14 but less than 18 years old or a student, he has repented and his family, school, community residents, or villager committee has the capacity to act as guardian or provide help and education ;

(6) The suspect is an aged person more than 75 years old.

Article 145 : For criminal suspects who meet conditions specified in paragraph one, Article 72 of the Criminal Procedure Law, but do not need to be arrested, as determined by a review, a People’s Procuratorate may simultaneously suggest residential confinement to the investigative authority and decide whether arrest is necessary.

Article 146: To approve or decide on the arrest of a criminal suspect who serves as a representative of a People’s Congress at the same level as the People’s Procuratorate undertaking the case, the People’s Procuratorate shall report and request permission from the presidium or Standing Committee of the corresponding People’s Congress. The investigative authority is responsible for requesting permission procedures.

To approve or decide on arresting a criminal suspect who serves as a representative of a higher-level People’s Congress, a People’s Procuratorate shall, level by level, report to and request permission for arrest from the People’s Procuratorate at the corresponding level as the People’s Congress to which this representative belongs.

To approve or decide on the arrest of a criminal suspect who serves as a representative of a lower-level People’s Congress, a People’s Procuratorate may directly report/request for permission from the presidium or Standing Committee of the People’s Congress to which this representative belongs. It may also entrust the People’s Procuratorate at the same level as the People’s Congress to which this representative belongs to report and request permission. When approving or deciding an the arrest of a criminal suspect who serves as a representative of a township, nationality township, or town-level People’s Congress, a county-level People’s Procuratorate shall make the report.

To approve or decide on the arrest of a criminal suspect who serves as a representative of two or more levels of People’s Congresses, it shall report and request permission according to the specifications of paragraph one, two and three of this Article.

To approve or decide on arrest of a criminal suspect who serves as a representative of a People’s Congress not within the same province, city, county or district as the case-handling entity, the People’s Procuratorate shall entrust the People’s Procuratorate at the same level as the People’s Congress to which this representative belongs to report and request permission. For criminal suspects who serve as representatives of two or more levels of People’s Congresses, People’s Procuratorates at the same level as the People’s Congresses to which this representative belongs shall be entrusted to report and request permission.

Section 6: Termination and modification of compulsory measures

Article 147: Where a criminal suspect and his/her legally-designated representative, close relatives, or defender deems that the statutory term of a compulsory measure imposed by a People’s Procuratorate has expired and requires that it be terminated, the People’s Procuratorate’s investigation or public prosecution department shall report to the chief prosecutor for a decision. The People’s Procuratorate shall decide within three days of the date on which it receives the request.

If it is deemed, through investigation, that the statutory term of compulsory measures has expired, the compulsory measures shall be terminated or modified according to relevant laws and a public security authority shall be notified for enforcement. If the legal term is deemed to have not yet expired, the applicant should be notified in writing.

To terminate or modify a detained criminal suspect’s compulsory measures, the investigation or public prosecution department shall inform the People’s Procuratorate's case management department’s prison inspection division in a timely manner.

Article 148: If a criminal suspects and his or her legally-designated representative, close relatives, or defender proposes to modify the compulsory measures, the investigation or public prosecution department shall conduct the examination and then report to the chief prosecutor for a decision. The People’s Procuratorate shall make the decision within three days of the date on which it receives the request.

If the request for modifying compulsory measures is approved after examination a public security authority shall be notified simultaneously to enforce it. If it is not approved, the applicant shall be informed in writing, stating reasons for disapproval.

To modify the compulsory measures applied to a detained criminal suspect, the investigation or public prosecution department shall inform the People’s Procuratorate’s case management department’s prison inspection division in a timely manner.

If a criminal suspect and his or her legally-designated representative, close relatives, or defender proposes to modify compulsory measures, they shall explain the reasons, and, if they have evidence and other materials, shall attach relevant materials.

Article 149: When release on guarantee pending further investigation is changed to residential confinement or release on guarantee pending further investigation/residential confinement is changed to detention or arrest, the original compulsory measures shall be automatically terminated without going through the legal formalities for terminating the original compulsory measures.

Article 150: For cases in which the People’s Procuratorate has applied release on guarantee pending further investigation or residential surveillance for the suspects, once prosecution in a People’s Court has finished and the Court decides to apply release on guarantee pending further investigation/residential surveillance or modify compulsory measures for the criminal suspect, the original compulsory measures shall be automatically terminated without going through the legal formalities for terminating them.

Article 151: If it’s necessary to adopt compulsory measures for defendants in a retrial case protested by a People’s Procuratorate, the present Chapter and Chapter 10 of this Regulation shall apply.

Chapter VII: Case acceptance

Article 152: As regards cases transferred by an investigation authority or a lower-level People's Procuratorate for examination or arrest, prosecution, extension of custody, application for compulsory medical treatment, application for confiscation of illegal income, demurring, or submitting to a designated jurisdiction, the People’s Procuratorate’s case management department shall accept the case. Other cases within jurisdiction of a People's Procuratorate may be handled the case management department if necessary.

Article 153: When the People’s Procuratorate’s case management department accepts a case, it shall accept case materials and immediately check the following items:

(1) Whether a specified case is within its jurisdiction based on the contents of legal documents transferred;

(2) Whether the case file is complete, standard, and accords with relevant requirements;

(3) Whether the money or items transferred match the transferred list;

(4) Whether the criminal suspect has been found and the compulsory measures applied.

Article 154: After reviewing the received case materials, if a case management department believes that the conditions are met for accepting cases, a case management department shall register it in a timely manner and immediately transfer case materials and registration forms to the relevant case-handling department.

Upon examination, if the materials are considered incomplete, a request shall be sent immediately to the transferring entity to submit relevant materials. For those cases that do not meet these requirements, the transferring entity shall be required to rebind the cases and transfer the case materials.

For a case transferred for examination and prosecution, if the criminal suspect remains a fugitive a public security authority shall take measures to ensure that the criminal suspect is apprehended before the case is transferred for examination and prosecution. In a joint crime case, if some of the criminal suspects remain afoot, the prosecution of criminal suspects in custody shall be conducted in accordance with the law.

Article 155: The receipt of implementation delivered by an investigation authority and judgment, order, or other legal instrument delivered by a People's Court shall be received by the case management department. The case management department shall register these documents immediately and transfer them to relevant case handling departments in a timely fashion.

Article 156: Articles 152 to 154 of the Regulation apply to cases directly filed and investigated by the People's Procuratorate, when being transferred for examination the arrest, examination and prosecution.

Article 157: When a People’s Procuratorate’s prosecution department or information center receives a report, accusation, tip, petition, or voluntary surrender from criminal suspects, it shall make the following arrangements within seven days according to case’s specific circumstances and jurisdiction:

(1)If the case is within a People's Procuratorate’s jurisdiction, transfer it to relevant departments of its own People’s Procuratorate or other People's Procuratorates in accordance with relevant provisions;

(2)If the case is not within the People's Procuratorate’s jurisdiction, transfer it to the competent authorities. Those who reported, accused, acted as an informant, or surrendered to transfer shall be notified accordingly. For a case not within a People's Procuratorate’s jurisdiction but that requires emergency measures, the emergency measures shall be taken the case transferred to a competent authority;

(3) In cases where the facts or clues are unclear, the People’s Procuratorate shall conduct necessary investigations and verification, collect relevant materials to clarify the circumstances, and then transfer the case to competent authorities or departments in a timely manner.

A prosecution department or information center may transfer an accusation, petition, and tip to a People's Procuratorate at a lower level. It shall report to related investigating departments before the transfer. The letter of transfer and copies of related materials shall be transferred to the People’s Procuratorate’s investigation department. A prosecution department or information center shall supervise the case as it is transferred to relevant departments within its own or lower-level People’s Procuratorate in accordance with relevant provisions.

Article 158: When a case is reported or accusations/tips are made during a visit and interview or if the criminal suspect surrenders himself, a prosecution department or information center shall assign at least two officials to receive them, inquire into the situation, and take notes. The reporter, accuser, informant, and/or surrendered suspect shall sign and impress their fingerprints on the notes after checking the content. When necessary, audio or video recordings shall be made. Registration of relevant evidentiary materials and objects provided by the reporter, a list of evidence/goods with signature of the reporter, accuser, informant or surrendered suspect, and photos shall be taken when necessary and under proper preservation.

Article 159: Officials of the People's Procuratorate who receive reports or accusations shall inform the accuser/reporter to do so truthfully and also inform them of their legal liability if facts are fabricated or distorted.

Article 160: A case handling department shall handle the case within the prescribed time limit and send written result to a prosecution department or information center. The written results shall include the issues, management process, identification of facts and evidence, processing conditions and legal basis, and law enforcement risk assessment etc. of an accusation, petition or report.

Article 161: The People’s Procuratorate’s information center is responsible for managing the reported evidence. Evidence of criminal cases received by other departments or personnel within the same People’s Procuratorate shall be transferred to an information center within seven days.

Evidence that is transferred to a People's Procuratorate by a related authority or department for registration and/or discovered by a People’s Procuratorate’s investigation department shall be examined by an investigation department.

Article 162: A prosecution department or information center shall keep the reporter confidential if he/she reluctant to disclose to the public his or her name and reporting behavior.

Article 163: A People's Procuratorate shall manage important, directly-accepted case evidence in a graded and classified manner. When a case is committed by state or cadre governmental officials, the case evidence shall be submitted to a provincial-level People’s Procuratorate’s information center for archival purposes. Cases involving large amounts of money or that entail especially severe consequences shall be submitted, level by level, to the Supreme People’s Procuratorate’s information center for archival purpose; crimes committed by department or bureau-level cadres and government officials shall be submitted to the Supreme People’s Procuratorate’s information center for archival purpose.

Important evidence refers to evidence from crimes committed by county or cadres officials and directly investigated by the People's Procuratorate.

Article 164: To archive major cases, major case registration forms shall be completed for each. The archive shall be dealt with within seven days after it is accepted. When the situation is urgent, it shall be reported before being put into the archives.

. A higher-level People’s Procuratorate’s information center shall review the recorded materials in a timely manner after receiving the records. If there are differing views, it shall be reported to a lower-level People's Procuratorate for review opinions within ten days.

Article 165: Investigation departments shall inform information centers of the handling result within three months of receiving the reported evidence from the information center; a lower-level People's Procuratorate shall reply to a higher-level People’s Procuratorate of the handling result within three months of receiving reporting materials from the higher-level People’s Procuratorate. If the case is complex and cannot be completed within the allocated time, the duration allowed may be properly extended with the chief prosecutor’s approval.

Article 166: An information center shall review case evidence which have not been registered. If the center thinks that the decision is not correct, it shall put forward its opinions to the chief prosecutor for a decision. If the evidence meets requirements for registering cases, it shall be registered and investigated.

An information center review of a decision to not register case evidence shall be completed within one month of the date on which it receives information from the investigation authority that the evidence has not been registered. If a case is complex and cannot be completed within the allocated time, an extension may be granted for another two months with the approval of information center director.

The investigation department shall return the case evidence to the information center within one month if it decides not to register the case.

Article 167: The information center shall conduct a preliminary examination into or the chief prosecutor will handle unclear case evidence. When case evidence is repeatedly reported by citizens but not examined, the investigation department may be required to explain the reasons. If reasons are considered to be insufficient, it shall be reported to the chief prosecutor for a decision.

 

Chapter VIII: Preliminary Examination and Case Filing

Section 1: PreliminaryInvestigation:

Chapter 168: After examining the information transferred by the information center, if the investigation department believes that there are case facts that should be examined preliminarily, it shall report as such to the chief procurator or prosecutorial committee of the People’s Procuratorate for a decision.

Article 169 : Preliminary examination should be conducted by investigation departments. If case information that should be handled directly by People’s Procuratorates is found during execution of a criminal punishment and/or regulatory activities, the prosecutorial supervision agency shall be responsible for conducting the preliminary examination.

For information from major or complex cases, the prosecutorial supervision agency may seek assistance from investigation departments to conduct preliminary examinations. When necessary, after obtaining approval from the chief procurator, the prosecutorial supervision agency can transfer materials to the investigation departments for preliminary examination, in which case the prosecutorial supervision agency should coordinate with investigation departments.

Article 170 : People’s Procuratorates at all levels shall divide responsibility for preliminary examination according to the Rules of Jurisdiction Division of the Cases under Direct Investigation of People’s Procuratorate.

When necessary, a higher-level People’s Procuratorate may directly conduct preliminary examinations or organize, direct, and/or join the lower-level People’s Procuratorate’s preliminary examination; it may also refer case information within its jurisdiction to a lower-level People’s Procuratorate to conduct a preliminary examination. If a lower-level People's Procuratorate considers circumstances of a criminal case to be so major or complex as to necessitate a preliminary examination by a higher-level People's Procuratorate, it may request the case be transferred to the People's Procuratorate at the next higher level for preliminary examination.

Article 171: When the chief procurator or prosecutorial committee of the People’s Procuratorate decides to conduct a preliminary examination, the official(s) carrying it out shall make a preliminary examination work plan and report it to the chief procurator for a decision after the examination and approval of the public prosecution department director.

Article 172: Preliminary examinations should be conducted in secret. It is prohibited to inform the subject of a preliminary examination without authorization. Conducting preliminary examinations publicly or contacting the subject of preliminary examinations requires approval from the chief procurator.

Article 173: During the preliminary examination, measures not depriving the subject of his/her personal or property rights may be taken, i.e. questioning, inquiry, inquest, examination, expert evaluation, and obtaining evidentiary materials. Compulsory measures shall not be taken upon the subject of a preliminary examination. Property belonging to the subject of a preliminary examination may not be sealed, frozen or seized. Technical investigation methods shall not be used on the subject of a preliminary examination.

Article 174 : The People’s Procuratorate may request that other relevant organs coordinate during a preliminary examination.

Article 175 : People's Procuratorates conducting preliminary examinations may entrust other People's Procuratorates to coordinate relevant matters. Entrusting another Procuratorate to assist in the examination shall require a preliminary examination approval form, list of examination items, and other relevant requirements. The entrusted People’s Procuratorate shall provide assistance according to the request for examination assistance. Disputes concerning aid provide during the examination should be solved through mediation by both sides’ common next higher level People’s Procuratorate.

Article 176 : If investigation organs find that there are criminal facts indicating that a criminal prosecution should be conducted according to the law after a preliminary examination of the reported information, an examination report requesting that a case be approved for an investigation filing and report to the chief procurator shall be sent for a decision.

For cases falling under one the following situations, requests for approval not to file a case shall be made:

(1)Meeting one of the situations provided in Article 15 of the Criminal Procedural Law;

(2)If it is believed that there are no criminal facts; and

(3)facts or evidence do not meet the requirements for filing a case.

Article 177 : If case information was assigned or instructed by a higher-level People’s Procuratorate or if, according to regulations, it should be archived by a higher-level People’s Procuratorate, conclusions of the preliminary examination shall be reported to the next highest-level People’s Procuratorate within 10 days of the date on which the preliminary examination was concluded.

If a higher-level People’s Procuratorate finds that the case has not been handled properly, it shall notify the lower-level People’s Procuratorate to make corrections within 10 days of the date on which it receives the archived materials.

Article 178: When real names are used to report cases, if it is decided, after a preliminary examination, not to file a case, investigation organs shall make a No Case Filing Notice indicating the case’s subject matter, source, reasoning, and legal basis for not filing, attaching all reported and examination materials, to be delivered to the same Procuratorate’s information center. The information center should send a reply to the informants. When necessary, the information center and investigation organs may send replies together.

Article 179: When case information is forwarded by other organs or departments, it is decided, after a preliminary examination, not to file a case, the investigation organs should make a No Case Filing Notice indicating the case’s subject matter, source, reasoning, and legal basis for not filing, to be delivered to the departments which forwarded the case information within ten days of the date on which the decision to not file the case was made.

Article 180: Those wrongfully accused by others, if this accusation causes harm for the accused, shall have a notification about the preliminary examination’s decision clarifying the facts sent on their behalf to the unit to which they belong or other relevant organs within one month of the date the decision was made.

Those who frame others should be transferred and dealt with by relevant organs.

Article 181: After preliminary examination, relevant materials should be filed and archived. Once a case is filed and investigation procedures begin, materials not used as litigation evidence should be included in the internal investigation file.

Article 182: Recusal rules from the Criminal Procedural Law and this Regulation shall apply to the preliminary examination.

Section 2: Case FilingAcceptance:

Article 183: For cases directly accepted by the People’s Procuratorate, if examination makes it believed that there are criminal facts that should be investigated, the Procuratorate shall complete a Case Filing Report and file the case after obtaining approval from the chief procurator. Within three days of the date on which the filing decision was made, the People’s Procuratorate shall submit the File and Archive Registration and Request for Case Filing and the Decision to File A Case forms to the higher-level People’s Procuratorate for archival purposes.

Higher-level People’s Procuratorates should examine archival materials submitted by lower-level People’s Procuratorates and make a decision as to whether it agrees with the lower-level People’s Procuratorate’s examination decision within 30 days of the date on which it receives the archival materials. If the higher-level People’s Procuratorate finds that the lower-level People’s Procuratorate was incorrect in deciding to file a case, it shall notify the lower-level People’s Procuratorate in writing to make correction. A higher-level People’s Procuratorate may also decide to directly notify the lower-level People’s Procuratorate for execution.

A lower-level People’s Procuratorate shall execute the decision made by the higher-level People’s Procuratorate and inform it of the result within ten days of the date on which it receives the higher-level People’s Procuratorate’s written notice. If a lower-level People’s Procuratorate disagrees with the higher-level’s decision, it may report to the next highest-level’s People’s Procuratorate while still carrying out the execution.

Article 184: When the People’s Procuratorate has decided not to file a case, if the victim filed charges, the People’s Procuratorate shall complete a Not Filing A Case Notice indicating the case’s subject matter, sources, reasoning, and legal basis for not filing a case. This shall be delivered to the complainant within 15 days by the investigation organs. At the same time, the Protectorate’s accusing prosecution organ should also be informed.

If the complainant does not agree with the decision, he or she may ask for reconsideration within 10 days of the date on which he or she receives the No Case Filing Notice.

If the People’s Procuratorate considers a complainant’s behavior as not constituting a crime and, thus, decide not to file a case, but still finds it necessary to enforce party or government discipline, it should transfer the case to competent organs with jurisdiction over such cases.

Article 185: Article 185 If the People’s Procuratorate decides to file a case against a deputy of the National People’s Congress, it shall report to the National People’s Congress Presidium or Standing Committee following the procedure set forth in Article 132 of this Regulation.

Chapter IX: .Investigation:

Section 1: Ordinary Provisions

Article 186: The People’s Procuratorate shall comprehensively and objectively gather evidence to prove the guilt or innocence of a criminal suspect or the pettiness or gravity of a crime and verify and check evidence gathered according to the law for the cases it directly accepted and investigated.

Article 187: For directly accepted cases that are filed and investigated by a People’s Procuratorate, the People’s Procuratorate shall focus on evidence, investigation, and research and credence shall not be readily given to confessions. It shall be strictly prohibited to extort confessions by torture, gather evidence by threat, enticement, deceit, or other illegal means, or force anyone to commit self-incrimination.

Article 188: For directly accepted cases that are filed, and investigated by a People’s Procuratorate, the People’s Procuratorate shall protect the right to defense right and other procedural rights enjoyed by criminal suspects, defendants, and other litigation participants in accordance with the law.

Article 189: When a case is directly accepted by a People’s Procuratorate for case filing and investigation, the People’s Procuratorate shall take compulsory measures against suspects only according to conditions and procedures of the Criminal Procedure Law, strictly comply with maximum time durations for criminal cases, and file a request for approving arrests, transferring a case for prosecution or non-prosecution, or withdrawing a case in accordance with the law.

Article 190: For directly accepted cases that are filed and investigated by the People’s Procuratorate, the People’s Procuratorate shall keep any state secret, trade secret, or personal privacy discovered in the course of criminal investigation confidential.

Article 191: The criminal investigation of cases accepted directly by the People’s Procuratorate may utilize investigation measures regulated in Chapter II, Part Two of the Criminal Procedure Law.

Section 2: Interrogating Criminal Suspects

Article 192: The interrogation of a criminal suspect shall be conducted by investigators. During the interrogation, at least two prosecutors shall be present.

The People’s Procuratorate shall interrogate suspects in the same case separately.

Article 193: A criminal suspect for whom arrest or detention is not necessary may be summoned to a designated place in the city or county where he or she resides or to his or her residence for interrogation after approval from the chief prosecutor.

After appearing at the interrogation location, the criminal suspects shall fill in the subpoena with the time of summons. When the interrogation comes to an end, the suspect shall fill-in the time when interrogations finished on the subpoena. If he or she refuses to fill it in, it shall be recorded by the investigators, also on the subpoena.

Criminal suspects may be summoned orally after a work pass is shown. They shall be informed orally of the reasons and basis of the summons. The reason for and time of the summons shall be recorded on interrogation transcripts.

Suspects may be summoned orally after a work pass is shown. They shall be informed orally of the reasons and basis of the summons. The reason for and time of the summons shall be recorded on interrogation transcripts.

Paragraph 2, Article 81 of this Regulation applies to the summoning of criminal suspects.

Article 194: When a criminal suspect is summoned while his or her family members are present, they shall be informed orally of the reasons and location to which the suspect will be summoned. When his or her family members are not present, investigators shall inform them in a timely manner of the same. If such notification is impossible, it shall be recorded on interrogation transcripts.

Article 195: The duration of interrogation by summons may not exceed 12 hours or, if it is necessary to detain or arrest a criminal suspect in an extraordinarily significant or complicated case, the duration may not exceed 24 hours. The interval between two interrogations by summons may not exceed 12 hours. A criminal suspect shall not be actually held in custody by successive summons.

During the period of interrogation by summons, meals and necessary rest time for the criminal suspect shall be ensured.

Article 196: After a criminal suspect is transferred to a detention center, the prosecutor shall interrogate the suspect in the detention center’s interrogation room after filing arraignment and escort certificates.

When a criminal suspect needs to exit a detention center in order to identify and recover property involved in the case during the investigation, the criminal suspect may be arraigned out by two or more judicial policemen with the permission from the chief prosecutor. It is prohibited to use interrogation as a purpose to arraign a criminal suspect out of custody.

Article 197: Interrogating suspects shall follow the following order:

Find basic information on the criminal suspect, including his or her name, date of birth, birthplace, identity certificate number, ethnic group, occupation, educational background, employer and position, address, family condition, marital status, status as a deputy to the Peoples’ Congress, status as a member of the National Committee of the Chinese People's Political Consultative Conference, etc.

Inform a criminal suspect that he or she has procedural rights during the investigation, that he or she has the right to defend himself or herself or retain a lawyer as a defender, and that there are legal provisions for leniency if a criminal suspect truthfully confesses his or her crime.

Interrogate a criminal suspect about whether he or she has committed any criminal act; allow him or her to state the facts of a crime or explain his or her innocence. Consistent statements shall be allowed.

The criminal suspect shall truthfully answer the investigators’ questions, but has the right to refuse to answer questions irrelevant to the case.

When interrogating a criminal suspect, the investigators shall notify the criminal suspect that they will keep an audio or visual record of the interrogation process. The notification shall be recorded in the audio or visual record and interrogation transcripts.

During interrogation, investigators shall closely examine the criminal suspect’s defense. It shall be strictly prohibited to extort confessions by torture or gather evidence by threat, enticement, deceit, or other illegal means.

Article 198: When a criminal suspect who is being interrogated suffers hearing or speech impairment or is only familiar with the commonly used local language, the People’s Procuratorate shall provide a person who is familiar with sign language, for hearing- and speech-impaired persons, or a person who is familiar with the commonly used local language but not an interested party to the case, as an interpreter. The name, gender, employer, and occupation of the interpreter shall be noted in the transcripts. The interpreter shall sign on the interrogation transcripts.

Article 199: Transcripts of the interrogation shall be made when interrogating a criminal suspect. Interrogation transcripts shall clearly and specifically reflect the original sentences spoken by the criminal suspect. Interrogation transcripts shall be confirmed by the criminal suspect, and, if the criminal suspect is unable to read, the transcripts shall be read out to him or her. If there is any omission or error in the transcripts, the criminal suspect may suggest supplements or corrections. After confirming that the transcripts contains no error, the criminal suspect shall sign, seal or fingerprint each transcript page. The criminal suspect shall write down ‘I have written the transcript (the transcript has been read out to me). It is in accordance to what I said’ on the last page of the transcript along with signature, seal, or fingerprint and date. If the criminal suspect refuses to sign, seal or fingerprint, the prosecutors shall note it on the transcripts. The prosecutors shall also sign the transcripts.

Article 200: A criminal suspect shall be permitted to personally write a confession if he or she so requests. When necessary, prosecutors may also require the criminal suspect to personally write a confession. The criminal suspect shall sign, fingerprint and record the date on his or her confession. After receiving the confession, the prosecutors shall write ‘received on year/month/date’ on the upper-right corner and sign it.

Article 201: Prosecutors shall keep audio or visual recordings of the interrogation process for duty-related crimes filed and investigated by the People’s Procuratorate and indicate in the interrogation transcripts.

The prosecutorial technicians shall be responsible for audio and video recordings. Upon approval of the chief procurator, other prosecutorial personnel may also be designated to do the recording.

Article 202: People’s Procuratorates making audio or visual records during an interrogation shall apply relevant provisions promulgated by the Supreme People's Procuratorate.

Section 3: Interviewing witnesses and victims

Article 203: During the investigation, the People’s Procuratorate shall interview witnesses in a timely manner and inform them that they have the right and obligation to testify.

People’s Procuratorates must ensure that all citizens who are involved in a case or have information regarding a case can objectively and fully provide evidence and keep it confidential. Except under special circumstances, any such citizens may be required to assist investigations.

Article 204: Witness interviews shall be conducted by the prosecutor. Two or more prosecutors shall present during the interview.

Article 205: The prosecutors may interview a witness at the crime scene, his/her work place, or a place proposed by the witness and, when necessary, may also require the witness to provide testimony at the People’s Procuratorate. When interviewing a witness at a place proposed by the witness, prosecutors shall record the location on the transcripts.

Witnesses shall be interviewed individually.

When interviewing a witness on the crime scene, the prosecutors shall show their work passes. When interviewing a witness at his/her workplace, employer’s residence, or a place proposed by the witness, investigators shall produce identifying documents from the People’s Procuratorate.

Article 206: When a witness is interviewed, the prosecutors shall ask for basic information from the witness and for the relationship between witness and a party of the case. The witness shall be informed of the requirement of truthfully provide evidence and testimony and of their legal liability for perjury or concealing criminal evidence. It is prohibited to divulge information about the case and obtain testimony by custody, violence, threat, enticement, deceit, or other illegal means.

Article 207: Provisions of Article 198 and 199 of this Regulation shall also apply to interviewing witnesses.

Article 208: Provisions for interviewing witnesses shall apply to interviewing victims.

Section 4: Crime Scene Investigation and Examination

Article 209: Prosecutors shall conduct investigation or examination of sites, objects, persons, and corpses relevant to a crime. When necessary, prosecutorial technicians or persons with expertise may be assigned or retained to conduct crime scene investigation or examination under the direction of prosecutors.

Article 210: To conduct a crime scene investigation or examination, the investigators must have inspection certificates issued by the chief prosecutor.

When conducting a crime scene investigation or examination, photographs of the scene shall be taken. Notes of a crime scene investigation or examination shall be made. Crime scene spot maps shall be made with the signatures of investigation or examination participants and eyewitnesses. Video recordings of the crime scene shall be made for major cases.

Article 211: During crime scene investigation or examination, the People’s Procuratorate shall invite two eyewitnesses unrelated to the case to be present at the crime scene.

Article 212: When the cause of a person’s death is unknown, the People’s Procuratorate shall inform family members of the decreased to be present and ask them to sign or seal on the autopsy notice.

If family members of the deceased refuse to be present or refuse to sign or seal, the autopsy is not affected, but it shall be noted on the autopsy notice. When the cause of a person’s death is unknown and such notification is impossible, it shall be recorded on the transcripts.

Article 213: To determine certain the characteristics, conditions of injury, or physiological condition of a victim or criminal suspect, the People’s Procuratorate may examine the victim or criminal suspect’s body and collect fingerprints and blood, urine, and other biological samples.

When necessary, legal medical experts or doctors may be assigned or retained to conduct an examination. Blood and other biological samples shall be collected by doctors.

When a criminal suspect refuses to be examined, the prosecutors may conduct a compulsory examination if it is deemed to be necessary.

Body examinations for females shall be conducted by female personnel or doctors.

Article 214: When conducting physical examinations, it is prohibited to adopt measures that may harm the life or health of the examinee and/or demean his or her reputation or personality.

Prosecutors shall keep information regarding the examinee’s personal privacy discovered in the course of examination confidential.

Article 215: Transcripts of a crime scene investigation or examination shall be prepared and signed or sealed by the investigation or examination participants and eyewitnesses.

Article 216: Investigative reenactment may be conducted with the approval of the chief prosecutor when it is necessary to solve a case.

During investigative reenactments, any conduct that causes any danger, insults anyone, or corrupts public morals shall be prohibited.

Article 217: During investigative reenactments, people with relevant expertise may be retained to participate. The criminal suspect, victim, and witness may be required to participate.

Article 218: Transcripts recording the conditions, process, and result of an investigative reenactment shall be made with the signatures of its participants. The investigative reenactment may be recorded by audio or video.

Section 5: SearchInvestigation:

Article 219: The People’s Procuratorate has the right to require relevant entities or individuals to submit evidence which may prove the guilt or innocence of a criminal suspect.

Article 220: To gather criminal evidence and capture a criminal, the prosecutors may search the body, objects, residence, and workplace of a criminal suspect and, with approval from the chief prosecutor, other relevant places that may hide suspects or evidence.

Article 221: A search warrant must be shown to the person under search or his family members to conduct the search.

The search warrant shall be issued by the chief prosecutor.

Article 222: Before conducting a search, the People’s Procuratorate shall study basic information of the person and location and surrounding environment to be searched, determine the scope and focus of a search, and distribute the work and responsibility among search mission personnel.

Article 223: A search shall be conducted under the direction of prosecutors. Judicial policemen may participate. When necessary, prosecutorial technicians may be assigned to join. Local police bureaus and relevant entities may be invited to assist.

There must be two or more prosecutors to conduct a search.

Article 224: When an arrest or detention is conducted, a search may be initiated without a search warrant in case of any of the following urgent situations:

(1) may carry a lethal weapon

(2) may hide explosive, extremely toxic, and other dangerous substances

(3) may conceal, destroy, or remove evidence

(4) may conceal other criminal suspects

(5) other emergent conditions

After the completion of a search, the search personnel shall report to the procuratorate within 24 hours, and promptly perform the relevant formalities.

Article 225: During a search, the person under search, his or her family members or neighbors, or other eyewitnesses shall be present. The person under search or his or her family members shall be informed of the legal penalty for impeding a search or official duties.

Female body searches shall be conducted by female personnel.

Article 226: If a search is impeded it may be conducted compulsorily. Impeding a search by violence or threat shall be prohibited or else the person shall be taken away from the scene by judicial policemen. When such impediments constitute a crime, the wrongdoer shall be prosecuted for criminal liability.

Article 227: A search shall be conducted comprehensively, with attention to detail, and in a timely manner. Personnel shall be assigned to take particularly attentive care at the crime scene.

Article 228: People who conduct a search shall comply with directives, follow instructions, and follow civilized law enforcement. It is prohibited to damage objects that are being searched on the scene without proper reasons or amplify the scope and extent of a search. Photographs of captured documentary evidence, physical evidence, audio-visual recordings,electronic data, and their locations of disposal or storage shall be taken. Written texts shall be used to describe relevant circumstances. Video recordings shall be conducted when necessary.

Article 229: Transcripts of research shall be prepared, signed or sealed by the prosecutors and person under search, his or her family members or neighbors, or other eyewitnesses. If the person under search remains a fugitive and his or family members refuse to be present or to sign/seal the transcripts, it shall be noted in the transcripts.

Article 230: When a People’s Procuratorate conducts a search outside its own jurisdiction, prosecutors shall bring search warrants, work passes, and a document containing the merits of the case, purpose of research, requirements, and other documents with them to contact the local People’s Procuratorate. The local People’s Procuratorate shall assist with the search.

Section 6: Acquisition, sealing and seizure of physical evidence, audion/visual recordings and electronic data

Article 231: Prosecutors shall, with certificates issued by the People’s Procuratorate, obtain evidence from the relevant entities and individuals to prove the guilt or innocence of a criminal suspect or the pettiness or gravity of a crime and take photographs, recordings, copies and duplicates of the materials when necessary.

Article 232: When a People’s Procuratorate handles cases and need to obtain physical, documentary, and other evidentiary materials from relevant entities and individuals not within its jurisdiction, case-handling personnel shall bring work passes, certificates from the People’s Procuratorate, and relevant legal instrument to meet with the local People’s Procuratorate. The local People’s Procuratorate shall offer assistance.

When necessary to obtain evidence, documents to obtain evidence may be sent to the local People’s Procuratorate where the evidence is located. The document to obtain evidence shall note the specific content and location of the objects. The assisting People’s Procuratorate shall send investigation results to the requesting People’s Procuratorate within one month of receiving the document.

Article 233: The physical evidence submitted shall be the original objects. If it is difficult to move or keep the original object, it is required by law that the object be returned to the victims, or due to confidentiality, photos, visual recordings, or reproductions that can fairly reflect the shape or content of the original object may be provided.

Documentary evidence and audio and visual recordings shall be the originals. Duplicates or photocopies may be used when it is truly difficult to acquire the originals or when it cannot be acquired due to confidentiality.

When duplicates, photocopies of documentary evidence and audio- visual recordings, photographs, and recordings of physical evidence are acquired, the reason for not requiring the original forms or objects and location of the original forms or objects shall be noted in writing. The maker and the owner of the original documentary evidence, audio-video recording, and physical evidence shall sign or seal the duplicates.

Article 234: All objects and documents discovered during criminal investigation that may be used to prove the criminal suspect’s guilt or innocence shall be sealed or seized while those irrelevant to the case may not be sealed or seized.

Suspicious objects and documents that cannot be immediately proved as relevant to the case may be sealed or seized, but shall be examined in a timely manner. After examination, those proved to definitely be irrelevant to the case shall no longer be sealed and must be returned within three days.

When the owner refuses to hand in objects and documents to be sealed or seized, the objects or documents may be sealed or seized by force.

If objects carried by a criminal suspect or defendant when he or she is present before court need to be seized, requirements of the preceding paragraph apply. Personal items not related to the case shall be individually recorded and shall follow the case or be returned to their owner.

Article 235: When a People’s Procuratorate seizes or impounds objects and documents, the action shall be approved by the chief prosecutor and conducted by more than two prosecutors.

When objects and documents to be sealed and seized are not within its jurisdictions, the People’s Procuratorate handling the case shall, with appropriate legal documents, overview of case facts, and other descriptive material, consult with People’s Procuratorates from the location of objects to be sealed and seized for assistance in accordance with appropriate law and provisions.

If the People’s Procuratorate which has been asked to assist raises any objections, it may consult with the People’s Procuratorate handling the case. When necessary, they shall report it to the common next-highest People's Procuratorate for decision.

Article 236: All sealed or seized objects and documents shall be carefully checked jointly by prosecutors, eyewitnesses, and those in possession of sealed or seized objects and documents. A list of the sealed money and property shall be made in quadruplicate on the scene, indicating the name, model, specifications, quantity, quality, color, degree of depreciation, packaging, and other main characteristics of the sealed and seized articles. The signatures or seals of the investigators, eyewitnesses, and holders shall be affixed to this list. One copy of the list shall be delivered to owners of the documents, and other objects, another copy shall be delivered to personnel who keep documents, materials, and other objects, another copy shall be attached to the case file, and another shall be kept for records. If the owner refuses or is not present to affix his signature or seal, it shall be noted on the list.

ith respect to the seizure of foreign currencies, gold, silver, jewelries, cultural relics, works of calligraphy and painting, and other valuable articles whose authenticity is hard to identify, a list indicating the characteristics of the said articles shall be issued, the articles shall be sealed up on the spot after being photographed or videotaped, and the prosecutorial personnel, the witness and the holder of the sealed articles shall affix their signatures or seals to the sealing-up materials. A competent department shall be entrusted to issue an identification report in a timely manner when it’s necessary. The witness or the holder shall be present at the time of unsealing, and affix his signature or seal.

Regarding bankbooks, credit cards, securities and other payment instruments as well as cash that can prove the case, their characteristics, serial numbers, type, par values, number of sheets, amounts, etc. shall be stated and they shall be sealed for safekeeping as material objects. Prosecutorial personnel, witnesses, and the owner of sealed articles shall affix their signatures or seals to the materials. Witnesses or the owner shall be present when the seal is broken and affix his signatures or seal.

Articles that can be damaged, destroyed, or deteriorate quickly or are not suitable for long-term preservation shall be sealed after being preserved via transcripts, drawings, photographs, videos, etc. or sent, with approval from the chief prosecutor, to relevant departments for auction or sale. Payments from auction or sale shall be kept temporarily and dealt with after litigation.

Article 237: Sealed real estate and objects that can be moved, i.e. equipment, furniture, and other relevant objects in a piece of real estate, as well as cars, ships, aircrafts, large pieces of machinery and equipment, and other relevant objects, shall, when necessary, have the correct  certificates seized, sealed for safekeeping at the original location after being photographed or videotaped, and issued a list of sealed documents in quadruplicate that states the detailed addresses and relevant characteristics of relevant articles have been photographed or videotaped and confirms that the correct certificates have been sealed. Procuratorial personnel, witnesses, and the owner shall affix their signatures or seals. If the holder refuses to affix his signature or seal or is not present, it shall be noted on the list.  Articles that can be damaged, destroyed, or deteriorate quickly or are not suitable for long-term preservation shall be sealed after being preserved via transcripts, drawings, photographs, videos, etc. or sent, with approval from the chief prosecutor, to relevant departments for auction or sale. Payments from auction or sale shall be kept temporarily and dealt with after litigation. Regarding bankbooks, credit cards, securities and other payment instruments as well as cash that can prove the case, their characteristics, serial numbers, type, par values, number of sheets, amounts, etc. shall be stated and they shall be sealed for safekeeping as material objects. Prosecutorial personnel, witnesses, and the owner of sealed articles shall affix their signatures or seals to the materials. Witnesses or the owner shall be present when the seal is broken and affix his signatures or seal. ith respect to the seizure of foreign currencies, gold, silver, jewelries, cultural relics, works of calligraphy and painting, and other valuable articles whose authenticity is hard to identify, a list indicating the characteristics of the said articles shall be issued, the articles shall be sealed up on the spot after being photographed or videotaped, and the prosecutorial personnel, the witness and the holder of the sealed articles shall affix their signatures or seals to the sealing-up materials. A competent department shall be entrusted to issue an identification report in a timely manner when it’s necessary. The witness or the holder shall be present at the time of unsealing, and affix his signature or seal. Article 236: All sealed or seized objects and documents shall be carefully checked jointly by prosecutors, eyewitnesses, and those in possession of sealed or seized objects and documents. A list of the sealed money and property shall be made in quadruplicate on the scene, indicating the name, model, specifications, quantity, quality, color, degree of depreciation, packaging, and other main characteristics of the sealed and seized articles. The signatures or seals of the investigators, eyewitnesses, and holders shall be affixed to this list. One copy of the list shall be delivered to owners of the documents, and other objects, another copy shall be delivered to personnel who keep documents, materials, and other objects, another copy shall be attached to the case file, and another shall be kept for records. If the owner refuses or is not present to affix his signature or seal, it shall be noted on the list. If the People’s Procuratorate which has been asked to assist raises any objections, it may consult with the People’s Procuratorate handling the case. When necessary, they shall report it to the common next-highest People's Procuratorate for decision.

When a People’s Procuratorate seizes real estate and objects that can be moved, i.e. equipment, furniture, and other relevant objects in a piece of real estate, as well as cars, ships, aircrafts, large pieces of machinery and equipment, and other relevant objects, it shall be ensured that the normal investigation minimally impacts the party’s normal life, production, and operation. When necessary, the sealed property may be given to the owner or his close relative for safekeeping. Prosecutorial personnel shall notify the owner in writing that the sealed property must be held properly and shall not be transferred, sold, damaged, leased out, mortgaged, donated, etc.

People’s Procuratorates shall deliver a photocopy of written decisions to seize property to the local registration or administration department for real estate, manufacturing equipment, cars, ships, aircraft, and other property, and provide a notification that the property shall be prohibited from being mortgaged, transferred, sold, and or subject to other procedures modifying or transferring ownership.

Article 238: When, with approval from the chief prosecutor, seizing mail, telegrams, or email from a criminal suspect, the prosecutors may notify post and telecommunications authorities or web services to check and deliver the relevant mail, telegrams, and email.

When it is no longer necessary to continue seizing such documents, the prosecutors shall immediately notify the post and telecommunications authority or web service.

Regarding audio tapes, video tapes, and electronic storage media, the case’s merits, objectives, content, time of production, location, specifications, type, length, file formats and lengths, etc. shall be stated and recorded carefully. A list of these details shall be made and transferred with the case.

Article 239: Electronic equipment, documents, and other articles involving secrets from an entity shall be sealed on location after being photographed or videotaped. Prosecutorial personnel, witnesses, and relevant people in charge of entities shall affix their signatures or seals to the sealed materials. The witness or relevant people in charge of entities shall be present when the materials are unsealed and will affix his or her signature or seal.

If a relevant person refuses to affix his or her signature or seal according to relevant provision of the preceding paragraph, the People's Procuratorate shall make a note to this effect on relevant documents.

Property that cannot be separated that is purchased by a criminal suspect with both illegal and legal funds may be sealed or frozen in advance. Property which cannot be separated and returned shall be auctioned or otherwise sold after the case is closed, and the part not purchased with illegal funds shall be returned. 

Article 240: Objects, documents, mail, and telegrams sealed and seized by a People’s Procuratorate shall be kept carefully. It is prohibited to use, exchange, damage, or dispose of them arbitrarily. If, after investigation, they are proved to be irrelevant to the case, the aforementioned measures shall be terminated within three days and the property shall be returned. Relevant entities and the party shall be notified to conduct appropriate procedures.

Section 7: Inqisition and Freezing

Article 241: People’s Procuratorates may inquire into or freeze deposits, remittances, bonds, stocks, fund shares, and other property of criminal suspects according to relevant legal provisions. Procuratorates may also require that relevant entities and individuals cooperate when it is deemed necessary for a criminal investigation.

Article 242: Inquiring into or freezing deposits, remittances, bonds, stocks, fund shares, and other property of criminal suspects shall have the approval of the chief prosecutor. Notices regarding inquiries into and freezing property shall be prepared. Banks and other financial institutions and telecommunications authorities shall be notified of the enforcement.

Article 243: When the deposits, remittances, bonds, stocks, fund shares, and other property of a criminal suspect have been frozen, People’s Procuratorates are prohibited from repeatedly freeze these items. Relevant banks or other financial institutions and telecommunications authorities shall be required to inform the People’s Procuratorate before halting measures to freeze the aforementioned transactions.

Article 244: When seizing or freezing bonds, stocks, fund shares, and other property, the concerned party or his/her legally-designated representative or authorized agent shall be informed in writing of his/her right to apply for sale.

With respect to sealed or frozen bonds, stocks, fund shares, and other property, if the obligee applies to sell them when they are frozen, the sales thereof will not damage, as examined, the interests of the State or victim, normal litigation proceedings, and if the terms of validity on the sealed or frozen exchanged bills, promissory notes, and checks are about to expire, they can be liquidated according to the law before the case is closed with approval from the chief procurator. The money incurred from this sale shall be kept in special bank accounts designated by the People’s Procuratorate. The concerned party or his/her close relative shall be notified in a timely manner. 

Article 245: With respect to frozen deposits, remittances, bonds, stocks, fund shares, and other property, if they are found to be irrelevant to the case, a decision to lift the freeze shall be made within three days and the owner of the frozen deposits, remittances, bonds, stocks, fund shares, and other property shall be notified.

Article 246: Inquiring into and freezing deposits, remittances, bonds, stocks, fund shares, and other property of entities relevant to a case shall be governed by Articles 241 to 245 of this Regulation.

Section 8: :Assessment

Article 247: Where certain special issues need to be clarified so as it to solve a case, the People’s Procuratorate shall conduct an assessment

Article 248: Forensic assessment shall be approved by the chief prosecutor and conducted by personnel with statutory qualifications from the People’s Procuratorate’s technical department. When necessary, other personnel with statutory qualifications may conduct assessment, but shall first be approved by an assessment expert.

A person shall not be an assessment expert if he or she shall be disqualified according to Articles 28 and 29 of the Criminal Procedure Law

Article 249: People’s Procuratorates shall provide necessary conditions in which the assessment experts can conduct forensic assessment, deliver relevant authentication materials, samples, and other original material in a timely manner, necessary conditions for forensic assessment, and shall clearly put forth questions that need to be identified or evaluated without intimating or forcing an assessment expert to make any assessment opinions.

Article 250: After assessment is completed, an assessment expert shall prepare a written opinion and inspection report. Certificates qualifying judicial authentication institutions and assessment experts shall be affixed with a signature or seal.

When several assessment experts’ opinions are inconsistent, the nature and reason for these differences shall be written on the expert opinions with their respective signature or seal.

Article 251: An assessment expert who intentionally conducts false assessment shall be subject to legal liability.

Article 252: Prosecutors shall examine expert opinions. When necessary, they shall put forth supplementary identification/evaluation or re-identification/re-evaluation opinions or conduct supplementary identification/evaluation or re-identification/re-evaluation with approval from the chief prosecutor. The chief prosecutor may directly decide to conduct supplementary identification/evaluation or re-identification/re-evaluation.

Article 253: The People’s Procuratorate’s case handling department shall inform criminal suspects and victims of expert opinions to be used as evidence. If the victim is dead or has lost the ability of take part in litigation his or her legally-designated representative,close relative, or litigation agent shall be informed.

Upon application from the criminal suspect, victim, or his or her legally-designated representative, close relative, or litigation agent, and with the approval of the chief prosecutor, a supplementary identification/evaluation or re-identification/re-evaluation may be conducted. The petitioner is responsible of authentication fees. If legal procedures for assessment are violated, the People’s Procuratorate is responsible for fees.

If a criminal suspect and his defendant or close relative applies for assessment for criminal suspects because of the possibility for mental illness,the petitioner is responsible for authentication fees.

Article 254: When deciding to conduct re-identification or re-evaluation, the People’s Procuratorate shall assign or retain another assessment expert.

Article 255: The time required to evaluate a criminal suspect’s mental illness shall not be counted into the period of custody and case handling.

Article 256: If a case cannot be closed within the case handling period because of the extended period of time required for assessment, the criminal suspect shall be released from custody according to the law or compulsory measures shall be modified starting from the expiry date.

Section 9: Verification:

Article 257: In order to discover case facts, prosecutors may, when necessary, let the victim, witnesses, and criminal suspect identify crime-related objects, documents, bodies or places, let the victim and witness identify the criminal suspect, or let one criminal suspect identify other criminal suspects.

Identification of criminal suspect shall be approved by the chief prosecutor.

Article 258: Identification shall be conducted under the direction of prosecutors. There must be two or more prosecutors directing the identification process. Before identification, the identifier shall be asked about specific characteristics without seeing the identification object and kept informed about the legal liability for intentionally conducting false identification.

Article 259: When several identifiers are identifying one subject, each identification will be conducted separately. When necessary, eyewitnesses may be present.

Article 260: When conducting identification, the identification subject shall be presented with other subjects. No hints shall be given to the identifier.

With respect to identifying criminal suspects and victims, between five and ten people or photographs may be used.

With respect to identifying objects, five or more objects of the same type shall be used. Five or more photographs shall also be used.

If an identifier does not want to conduct the identification of criminal suspects publicly, he or she may conduct it without endangering him- or herself and maintain his or her confidentiality.

Article 261: If an identifier does not want to conduct the identification of criminal suspects publicly, he or she may conduct it without endangering him- or herself and maintain his or her confidentiality.

Article 262: When conducting identification, the People’s Procuratorate may invite public security organs to participate or provide assistance.

Section 10: Technical Investigation Measures

Article 263: For a case in which the amount of money exceeds 100,000 RMB, significant embezzlement crimes for which it is hard to gather evidence using other measures, bribery, or significant crimes where an official takes advantage of his or her powers to seriously infringe upon personal rights of the citizenry, the People’s Procuratorate may, after filing the case and completing the strict approval and authorization procedures, use technical investigative measures.

The embezzlement and bribery as defined in this Regulation includes graft, bribery, bribery to state entities, offering bribes, offering bribes to state entities, initiating bribery, bribery on the part of state entity, and making use of influence to take bribes in accordance with Chapter 7 of the Criminal Procedure Law.

The significant crime of taking advantage of one’s powers to gravely infringe upon the personal rights of citizens as described in this Regulation includes cases with a significant social impact, that may cause serious consequences, or involving false imprisonment,illegal searches,extorted confessions by torture, evidence gathered by violence, detainee abuse, circumvention for retaliation, etc.

Article 264: When filing cases and investigating a case directly accepted by the People’s Procuratorate, if it is found that it is necessary to capture a wanted criminal suspect or defendant or a fugitive criminal suspect or defendant who has already been approved for arrest, necessary technical investigative measures may, with approval, be utilized. This shall not be limited by the scope of cases as described in Article 263 of this Regulation.

Article 265: In a decision for approval, the type and scope defining application of the technical investigation measures shall be determined by a People’s Procuratorate. An approval decision shall be valid for three months from the date issued. When technical investigation measures are no longer necessary, they shall be terminated in a timely manner, or, if it is necessary to continue technical investigation measures in a complicated or difficult case after the validated time period expires, People’s Procuratorates shall prepare and deliver a report extending said technical investigation measures that states the duration and reason for the proposed extension ten days before the validation expires. The validation may be extended with approval, but each extension may not exceed three months.

When materials collected from technical investigation measures are used as evidence, legal documents approving these technical investigation measures shall be affixed to the case file. Defense lawyers may consult, extract, and duplicate these documents.

Article 266: Investigators shall prepare corresponding explanatory materials for physical evidence, documentary evidence, and other evidentiary materials collected by way of technical investigation measures. The time, location, quantity, and characteristics of the evidence obtained as well as authority for approval and the type of technical investigation measures used shall be noted in writing with a signature or seal.

If the evidentiary materials obtained through technical investigation measures may endanger the safety of related person(s), involve state secrets, expose investigation secrets, or seriously endanger trade secrets, or personal privacy, protective measures such as not disclosing the identity of related person(s) or technical methods shall be taken. When necessary, it may be suggested that cross-examination not be carried out in court. Judges outside of the courtroom must approve these suggestions.

Article 267: The prosecutors shall keep confidential any state secrets, trade secrets, or matters of personal privacy discovered in the course of using technical investigation measures and must destroy and note, in a timely manner, materials irrelevant to the case acquired through technical investigation measures.

Evidence, clues, and other relevant materials acquired through technical investigation measures may only be used for criminal investigation, prosecution, and trial, and may not be used for other purposes.

Section 11: :Wanted notices

Article 268: The prosecutors shall keep confidential any state secrets, trade secrets, or matters of personal privacy discovered in the course of using technical investigation measures and must destroy and note, in a timely manner, materials irrelevant to the case acquired through technical investigation measures.

Article 269: People’s Procuratorates at all levels may directly issue a wanted notice within its jurisdiction. When it is necessary to issue a wanted notice beyond its jurisdiction, it shall request that competent, higher-level People’s Procuratorates issue such a notice.

Article 270: People’s Procuratorates shall deliver a wanted notice and photographs, identity, characteristics and brief on case facts concerning the wanted subject to a public security authority. A public security authority shall issue a wanted notice to capture the criminal suspect.

Article 271: In order to prevent the criminal suspect and other people involved in the case escaping the country, border control measures may be applied at international ports. The People’s Procuratorate shall prepare a notice for the border control in accordance with relevant provisions and invite a public security authority to deal with the formalities of border control.

Article 272: People’s Procuratorates shall gather information concerning execution of the wanted notice in a timely manner.

Article 273: When a criminal suspect who is to be arrested escapes abroad, a report may be made, level by level and according to relevant provisions, to the Supreme People’s Procuratorate so as to invite the National Central Interpol Bureau of China to request relevant entities to assist or take other legal measures in pursuing the arrest.

Section 12: Conclusion of Investigation

Article 274: The period of custody during criminal investigation after a criminal suspect is arrested shall not exceed two months. In investigations concerning a complicated case directly accepted for case filing and investigation by the local People’s Procuratorates, prefecture, city, and provincial People's Procuratorates cannot be closed for the duration of the investigation, which may be extended for one month with approval from the next highest-level People’s Procuratorate.

Article 275: Regarding cases directly accepted for case filing and investigation by local People’s Procuratorates, prefecture- and city-level People's Procuratorates, if the case is significant and complicated and carried out in outlying areas where transportation is very difficult, if the case involves criminal gangs, if crimes were committed in many locations, or if there is widespread involvement and evidence is difficult to gather and investigation cannot be finished within the time constraints set forth in Article 274 of this Regulation, may extend the period by two months with approval from provincial, autonomous region, or provincial-level municipality People’s Procuratorates.

A two month extension may be directly granted for cases directly accepted and filed by people's procuratorate at the provincial level or above that fall within the description above.

Article 276: When a case is directly accepted for filing and investigation by local People’s Procuratorates, prefecture and city-level People's Procuratorates may extend the period by two months with approval from provincial, autonomous region, or provincial-level municipality People’s Procuratorates if a criminal suspect may be sentenced to fixed-term imprisonment of ten years or more and the investigation of the case cannot be closed upon expiration of the period of custody as extended under Article 275 of this Regulation.

A two month extension may be directly granted for cases directly accepted and filed by people's procuratorate at the provincial level or above that fall within the description above.

Article 277: For cases directly accepted by the Supreme People’s Procuratorate for filing and investigation, the period of custody may be extended directly as necessary according to provisions of the Criminal Procedure Law.

Article 278: If the period of custody needs to be extended, a public security authority shall transfer the opinion extending the custody period along with important case facts and specific reasoning to the same-level People’s Procuratorate seven days before the period of custody expires.

When the investigation departments deems it necessary to extend the period of custody for cases directly filed and investigated by the People’s Procuratorate, it shall transfer the recommendation to extend custody and relevant materials to the investigation surpervisions department of its People’s Procuratorate following item 1 of this Article.

Article 279: The investigation supervision department shall handle custody extensions that have been examined and approved or decided upon by a People’s Procuratorate.

After examining the opinion to extend custody, the People’s Procuratorate’s investigation supervision department shall accept the case and provide opinions regarding whether it agrees with custody extension. After reporting to the chief prosecutor for a decision, the department shall report the opinion concerning custody extension put forth by the investigation authority and examination of opinions from its own People’s Procuratorate to a competent People’s Procuratorate for examination and decision. The competent People’s Procuratorate shall decide whether to approve custody extension before custody expires. The People’s Procuratorate’s investigation supervision department accepts the case and delivers it to a public security authority or its own investigation department.

Article 280: When it is inappropriate to transfer an extraordinarily significant and complicated case for trial due to special circumstances for a relatively long period of time, the Supreme People’s Procuratorate shall file a request to the Standing Committee of the National People’s Congress to approve postponing the trial.

Article 281: When a criminal suspect is found to have committed another major crime during criminal investigations, the custody period shall be recounted starting from when the case was discovered according to provisions from Article 274 of this Regulation.

Committing another major crime refers to a major crime that is different from the crime for which an arrest is already imposed or a crime that falls within the same category but will affect the determination of the charge and sentencing.

Article 282: When a People’s Procuratorate recounts the custody period, the investigation department shall provide opinions on the matter and deliver them to the People’ s Procuratorate’s investigation supervision department. The investigation supervision department shall provide an opinion on whether it agrees to recount the custody period after examining and reporting it to the chief prosecutor for a decision

Article 283: The investigation supervision department shall examine archived files from public security organs when recounting the custody period. If it finds that recounts made by a public security authority were inappropriate, the investigation supervision department shall submit a written opinion to correct the error, report it to the chief prosecutor for a decision, and notify the public security authority to make corrections.

Article 284: When a case directly accepted by a People’s Procuratorate for filing and investigation fails to end the criminal investigation within the statutory period for investigation and custody, the relevant criminal suspect shall be released or the relevant compulsory measures shall be changed as is stated in the law.

Article 285: When examining extensions and recounts to the case’s custody period, the investigation supervision department may interrogate criminal suspects, hear opinions from defense lawyers,and obtain case files and relevant materials.

Article 286: When, after investigation, a People’s Procuratorate finds that the facts of a crime are clear, evidence is hard and sufficient, and that the criminal suspect is subject to criminal liability, it shall write a report to close the criminal investigation and prepare a written prosecution opinion.

When the circumstances of a crime are minor and no criminal punishment is necessary or the criminal suspect is exempt from criminal punishment in accordance to the Criminal Law, a People’s Procuratorate may write a report ending the criminal investigation and prepare a written non-prosecution opinion.

An appropriate official from the investigation department shall examine the report terminating criminal investigations and prosecution or non-prosecution opinion. A chief prosecutor shall approve all of these documents.

Article 287: A prosecution or non-prosecution opinion shall be put forth by the investigation department, which, with the sealed, seized, and frozen property, list of documents, and other case materials, will be sent to the People’s Procuratorate’s public prosecution department for examination. When state property or collective property has suffered any loss, the People’s Procuratorate may put forth an opinion regarding incidental civil action and public prosecution.

Article 288: During case investigation, if a criminal suspect retains a defense lawyer, the criminal investigation authority shall hear his or her opinion.

If the defense lawyer wishes to provide opinions in person, prosecutors shall hear the opinion and prepare and attach transcripts to the case file. A written opinion from the defense lawyer, if any, shall be attached to the case file.

When the case is transferred for examination and prosecution, the People’s Procuratorate shall, at the same time, inform criminal suspects and the defense lawyer.

Article 289: For cases in which a criminal investigation is terminated by a higher level People’s Procuratorate, but, according to the Criminal Procedure Law, a lower-level People’s Procuratorate should initiate public prosecution or non-prosecution, the higher level People’s Procuratorate shall transfer relevant decisions, reports terminating the investigation, case materials, and evidence to the lower-level People’s Procuratorate. The lower-level People’s Procuratorate shall be responsible for delivering them to the investigation department to prepare for a prosecution opinion and transfer them to the public prosecution department for examination.

Lower-level People’s Procuratorate may return the case to the People’s Procuratorate’s investigation department for a supplementary investigation when necessary. The investigation department of a higher-level People’s Procuratorate shall provide assistance.

If a lower-level People’s Procuratorate finds that decisions from a higher-level People’s Procuratorate are incorrect, it may request that the higher-level People’s Procuratorate reconsider its position. The lower-level People’s Procuratorate shall comply if the higher-level People’s Procuratorate uphold the original decision.

Article 290: During criminal investigation or after the criminal investigation has ended, if a People’s Procuratorate finds that the suspects meet any of the following circumstances, the investigation department shall prepare an opinion dismissing the case and reporting it to the chief prosecutor or prosecutorial committee of the People’s Procuratorate for a decision.

(1)Meeting one of the situations provided in Article 15 of the Criminal Procedural Law;

(2) There are no criminal facts, there is an exemption from criminal responsibility, or there is no crime according to the Criminal Law;

(3) It is not conducted by a criminal suspect even though criminal facts exist.

In a joint crime, if a criminal suspect falls under the circumstance set forth in this provision, case filing shall be dismissed for the criminal suspect.

Article 291: If the chief prosecutor or prosecutorial committee of the People’s Procuratorate decides to dismiss a case, the investigation department shall report the opinion to dismiss the case along with all case materials to the next highest-level People’s Procuratorate for examination within seven days of the legal term’s expiration. Significant and complicated cases shall be reported to the People’s Procuratorate at the next highest-level for examination within ten days of the legal term’s expiration.

In a joint case, relevant legal documents for handling criminal suspects in the same case, case facts, photocopies of evidentiary materials, etc. shall be submitted to the next-higher level People’s Procuratorate.

The next higher level People’s Procuratorate’s investigation department shall fully examine the case facts, evidence, and application of law as well as interrogate the criminal suspect when necessary.

After examination, the next higher-level People’s Procuratorate’s investigation department shall opine as to whether it agrees to dismiss the case and report to the chief prosecutor or prosecutorial committee of the People’s Procuratorate for decision.

If it decides to dismiss a case, the People’s Procuratorate shall inform the accuser and person reporting the crime, listen to their opinions, and record them on the transcript.

Article 292: When examining cases dismissed by a lower-level People’s Procuratorate, the higher-level People’s Procuratorate shall provide an official reply within seven days of receiving the case; for significant and complicated cases, the reply shall be provided within ten days of receiving the case. When special circumstances emerge or due to special reasons that make it impossible to deliver the reply on time, the lower-level People’s Procuratorate may be informed to undertake the case first.

Article 293: If a higher-level People’s Procuratorate agrees to dismiss a case, the lower-level People’s Procuratorate shall make the decision to dismiss and prepare the decision for dismissing the case. If a higher-level People’s Procuratorate disapproves case dismissal, the lower level People’s Procuratorate shall execute the decision made by the higher-level People’s Procuratorate.

While a higher-level People’s Procuratorate is conducting an examination, if the criminal suspect’s custody expires, he or she shall be released or the compulsory measures shall be amended according to law.

Article 294: The decision to dismiss a case shall be delivered to the criminal suspect and his or her employer. If the criminal suspect dies, it shall be delivered to his or her former employer. If the criminal suspect is under custody, a release notice shall be prepared. The public security authority shall be informed to release the criminal suspect according to law.

Article 295: When a People’s Procuratorate decides to dismiss a case, the investigation department shall deal with the criminal suspect’s illegal income within thirty days. Written forms that require money or objects be sealed, seized, and frozen and that list the origin and location of each item, along with affixed photocopies of relevant legal documents, shall be reported to the chief prosecutor for examination and safekeeping as case materials. The final status of money and objects involved in the case that were sealed, seized, and frozen will also be examined when a case is dismissed. In the event of special circumstance, it may be extended for another thirty days with approval from the chief prosecutor.

Article 296: When dismissing a case, the People’s Procuratorate shall identify different situations and deal with illegal income from criminal suspects accordingly

When a case is dismissed due to the criminal suspect’s death, illegal income and other property discovered from the case, as defined in the Criminal Law, shall be handled in accordance with Section 3, Chapter 13 of this Regulation.

For cases dismissed for other reasons, prosecution recommendations shall be provided and transferred to competent authorities concerning the criminal suspect’s sealed, seized, and frozen illegal income and other property involved in the case that need to be recovered.

When frozen deposits, remittances, bonds, stocks, fund shares, and other property from criminal suspects need to be returned to the victim, the financial institution may be informed to return them to the victim; sealed and seized illegal income from criminal suspects and other property involved in the case that needs to be returned to the victim shall be returned to the victim directly.

When the People’s Procuratorate requests that a People’s Court provide a ruling to deal with property from criminal suspects involved in a case, it shall transfer the relevant case materials to the People’s Court.

Article 297: When dismissing a case in which there is sealed, seized, and frozen property from criminal suspects that need to be returned, the People’s Procuratorate shall reverse extant orders to seize and impound or provide written notification to relevant financial institutions that they halt freezing property and return it to the criminal suspect or his or her lawful heir.

Article 298: sealed, seized, and frozen money and objects, unless they shall be returned to the victim according to the law or are being verified as irrelevant to the case, shall not be dealt with before the end of litigation procedures, except as otherwise provided for by law and relevant provisions.

Article 299: When dealing with sealed, seized, and frozen money and objects involved in a case, the case handling department shall provide opinions and report to the chief prosecutor for decisions. The managerial department responsible for keeping the money and objects involved in the case shall carry out necessary formalities in conjunction with the case handling department.

When a case delivered by a People’s Procuratorate to other authorities needs to be delivered with seized and frozen money and objects involved in the case, it shall be handled according to the preceding paragraph.

Article 300: In a joint case directly accepted by a People’s Procuratorate for filing and investigation, if a criminal suspect is still a fugitive, but facts of the crime conducted by non-fugitive criminal suspects are clear and evidence is hard and sufficient, the non-fugitive criminal suspects shall be transferred for examination and prosecution or examination and non-prosecution as appropriate according to Article 286 of this Regulation.

If the facts of a crime cannot be discovered because a criminal suspect in the same case remains a fugitive, requests shall be made to extend the custody of or amend/dismiss compulsory measures for the non-fugitive criminal suspects as appropriate according to case’s circumstances.

Article 301: In a case directly accepted by a People’s Procuratorate for filing and investigation where a criminal suspect is not granted bail or remanded to residential confinement, detainment, or capture, the investigation department shall provide opinions for transferring the case for examination and prosecution, examination and non-prosecution, or dismissal within two years of the case being filed; when a criminal suspect is granted bail or is remanded to residential confinement, detainment, or capture, the investigation department shall provide opinions for transferring the case for examination and prosecution, examination and non-prosecution, or dismissal within one year of compulsory measures being terminated.

Article 302: If new facts or evidence are discovered after dismissing a case directly accepted by the People’s Procuratorate for filing and investigation and it is found that there exist criminal facts subject to criminal liability, the case may be reopened and re-investigated.

 

Chapter X: Review for Arrest

Section 1: Ordinary Provisions

Article 303: Examination and approval or decision in favor of an arrest shall be handled by the investigation supervision department of the People's Procuratorate.

Article 304: When the investigation supervision department examines an arrest, personnel shall be appointed to conduct the examination. The personnel appointed shall examine the case files and evidence, interrogate criminal suspects, interview the witnesses and other participants of the proceedings, hear the defender’s opinions, make submissions for the examination of the arrest, and provide opinions for approval/disapproval of or decisions for an arrest according to the law. These opinions shall thereafter be submitted to the chief procurator for approval or decision. Significant cases shall be determined through discussions by the prosecutorial committee.

When handling examination of an arrest, the investigation supervision department will not make separate investigations or provide its opinion on measures for granting bail directly.

Article 305: When examining an arrest, the investigation supervision department may interrogate criminal suspects under any of the following situations:

(1) There is doubt concerning whether the conditions for arrest have been met;

(2) The criminal suspect requests to make a statement in person before prosecutors;

(3) There may be major violations of law during the investigation activities;

(4) The case is important, difficult, and complex;

(5) The criminal suspect is a juvenile;

(6) The criminal suspect is blind, deaf, mute, or has a mental illness but has not totally lost his/her ability to recognize or control his/her behaviors;

When interrogating a criminal suspect who has not been detained, the opinions of investigation organs shall be considered before interrogation. Meanwhile, the level of security risk and any necessary shall be carried out.

Doubts concerning whether conditions for arrest have been met include: when it is not clear how to differentiate between a situation that is a crime and that is not; there are contradictions between the pieces of evidence upon which the condemnation was first made; the criminal suspect’s confession is contradictory or counterintuitive; it is unclear whether there is a danger to society; the criminal suspect’s age vis a vis the age of criminal responsibility is unclear; etc.

Major violations of law refer to serious violations of litigation procedures in the course of handling a case or circumstances where the criminal suspect has been extorted to provide confessions by torture or other means which severely violate a criminal suspect’s personal and other litigation rights.

Article 306: If a criminal suspect is not interrogated during the arrest examination, a document for hearing the criminal suspect’s opinions shall be delivered and filed by the suspects and subsequently retracted for examination and attached to the case file. After the examination, if it is deemed necessary to interrogate the suspects, interrogations shall be carried out in a timely manner.

Article 307: Interrogations of criminal suspects shall be conducted by no fewer than two people.

After a criminal suspect being sent to a detention center, the interrogation shall be conducted in the detention center.

When a criminal suspect is interrogated, his or her basic information shall be ascertained first. Then, he or she will be informed of his or her litigation rights and duties according to the law, his or her confessions and arguments shall be heeded, and, if he or she reveals any evidence concerning another person’s crime, information shall be recorded and transferred to the appropriate department according to relevant provisions.

When interrogating a criminal suspect, a transcript of the interrogation shall be made and read to the criminal suspect. If no mistakes are found upon verifying this transcript, the criminal suspect’s signature, seal or fingerprint shall be affixed to each page of the transcript, which shall subsequently be attached to the case files. If a criminal suspect wants to write a confession him- or herself, he or she shall be permitted to do so. However, his or her confession shall not substitute the interrogation transcript.

Article 308: When examining an arrest, the investigation supervision department shall, if necessary, question the witnesses, victims, assessment experts, and other participants at the proceedings and attach the transcripts to the case files.

Article 309: When examining an arrest, if a criminal suspect has appointed a defender, the investigation supervision departments may hear the defender’s opinions in person. If the defender requires, his opinions shall be heard. The defender’s opinion shall be recorded on the transcripts and attached to the files.

If the defender submits in writing that there is no crime, danger to society, necessity for detention, violation of law, or other situations in the investigation, personnel handling the case shall conduct investigations and state whether such opinions and evidentiary materials shall be adopted and reasons thereof on the form requesting an examination of the arrest.

Article 310: For a case filed for criminal investigation by a public security authority, if the investigation supervision department finds that conditions listed in paragraph one, Article 73 of this Regulation exist, it can obtain and examine the investigation’s audio or video recordings from a public security authority. For important, difficult, and complex cases, if necessary, the whole audio and video recording can be examined.

For a case opened for investigation directly by a People’s Procuratorate, when a transfer or request is made for examining an arrest, the investigation department shall transfer the whole audio or video recordings of investigations into a criminal suspect to the investigation supervision department. If the delivered audio or video recordings are not complete, the investigation supervision department shall require that the investigation department deliver supplementary recording. If audio or video recordings are not delivered or not completely delivered after a request to that effect has been sent, the case shall be returned to the investigation department. If the investigation supervision department doubts the legitimacy of evidence or authenticity of interrogation transcripts when examining an arrest, it can also examine relevant audio or video recordings. For important, difficult, or complex cases, all audio or video recordings can be examined if necessary.

Article 311: When examining audio or video recordings of a criminal suspect being interrogated, if irregularities by the investigation department, unlawful acts, or other situations are found in the interrogation found, the investigation supervision department shall list them separately and note them in writing. It shall also request rectification, supplements, or reasonable explanation be given in writing from the investigation department. When the investigation supervision department finds that there are substantial differences between interrogation transcripts and audio or video recordings or when the investigation department cannot make the requested corrections, provide supplementary materials, or give reasonable explanations, the interrogation transcripts cannot be used as a basis for approval or decisions for an arrest.

Article 312: In cases involving foreigners or stateless persons who are suspected of endangering state security or involving themselves with politics or diplomatic relationships between states and an arrest is necessary, the arrest shall be examined and provided with opinions by the local, prefecture, or city People’s Procuratorate as appropriate. These opinions will be delivered, level by level, to the Supreme People’s Procuratorate for examination in accordance with Article 19 and 20 of the Criminal Procedure Law. If the Supreme People’s Procuratorate finds it necessary, after examination, to arrest said persons after requesting opinions from the Ministry of Foreign Affairs, it shall approve the arrest for lower Procuratorates. If an arrest is not necessary, it shall inform lower Procuratorates that an arrest is not approved. Local, prefecture, or city People’s Procuratorate shall decide whether to approve an arrest according to statements from the Supreme People’s Procuratorate and the law. As requests are made level by level up to the Supreme People’s Procuratorate, if a higher-level People’s Procuratorate finds that it is not necessary to make an arrest, it shall give such a reply and the initiating People’s Procuratorate shall make a decision whether to approve the arrest according to this reply and the law.

If a local, prefecture, or city People’s Procuratorate finds that it is not necessary to make an arrest, it can directly decide not to make an arrest according to the law.

In cases where foreigners or stateless persons are suspected of crimes other than those described in the first paragraph of this Article, the People’s Procuratorate which wishes to approve an arrest shall simultaneously report to a higher-level People’s Procuratorate and foreign affairs department of the same level for archival purposes within 48 hours of making the decision. If a higher-level People’s Procuratorate finds errors when examining the archived materials, it shall make corrections according to the law in a timely manner.

Article 313: When examining arrests in cases involving crime that endangering state security, the People’s Procuratorate shall report to a higher-level People’s Procuratorate for archival purpose.

If the higher-level people’s Procuratorate finds mistakes when examining the archived materials it shall make corrections according to law in a timely manner.

Article 314: For cases investigated or examined for prosecution, if the arrested criminal suspects and their legally-designated representatives, close relatives, or defenders consider that the custody period has expired and apply for releasing criminal suspects or replacing arrest with other compulsory measures, a People’s Procuratorate shall examine and make a determination within three days. After examination, if the legal custody period is believed to have expired, a People’s Procuratorate shall decide to release the criminal suspect or substitute arrest with another compulsory measure according to law and will inform a public security authority for implementation; if the legal term has not expired, a written reply shall be made to the applicants.

Article 315: Cases where victims present petitions to a People’s Procuratorate requesting that arrest be disapproved due to a lack of criminal evidence, the request shall be examined and handled by the criminal appeal prosecutorial department of the same People’s Procuratorate. Cases where petitions are presented to disapprove arrest for other reasons shall be handled by investigation supervision departments.

Section 2: Examination for approval of arrest

Article 316: When criminal suspects have been detained and a public security authority has submitted an application to approve their arrest, a People’s Procuratorate shall decide whether to approve of the arrest within seven days of receiving the submission; for those that have not been detained, a People’s Procuratorate shall decide whether to approve of the arrest within fifteen days of receiving the submission. For important and complex cases, decisions shall be made in no more than twenty days.

Article 317: For cases in which a lower level public security authority from the location where the crime occurred requests assistance from a higher-level public security authority and it is necessary to arrest the criminal suspect, the public security authority responsible for investigating the case shall apply to approve the arrest from a People’s Procuratorate of the same level. The People’s Procuratorate shall decide whether to approve the arrest according to the law.

Article 318: For a criminal suspect who has been submitted for arrest approval by a public security authority, if a People’s Procuratorate finds any of the conditions described in Articles 139, 140, or 142 of this Regulation, it shall decide to approve the arrest and send this decision along with any case files to a public security authority for execution. The People’s Procuratorate may suggest how evidence be collected and the law applied.

Article 319: For a criminal suspect who has been submitted for arrest approval by a public security authority, if a People’s Procuratorate finds that any of the conditions described in Articles 143 or 144 of this Regulation and decides not to approve an arrest, the People’s Procuratorate shall state reasons why it has not approved arrest and send the decision along with any case files to the public security authority for execution. If a case needs supplementary investigation, the public security authority shall be informed simultaneously.

Article 320: A public security authorities shall execute decisions approving an arrest by a People’s Procuratorate immediately and send the receipt of execution in a timely manner to the People’s Procuratorate that made the decision. If the public security authority cannot execute the decision, the receipt of execution shall also be sent to the People’s Procuratorate with reasons explaining why execution failed. If a People’s Procuratorate decided not to approve an arrest, a public security authority shall, within three days of receiving the decision not approving the arrest, immediately release the detained criminal suspect or change compulsory measures and submit the receipt of execution to the People’s Procuratorate that made the decision.

Article 321: When handling a case in which arrest has been approved, if a People’s Procuratorate finds that a criminal suspect needs to be arrested, but a public security authority does not apply to approve the arrest, the People’s Procuratorate shall suggest that the public security submit such an application. If the public security authority still fails to submit the application or its reasons for not applying are not clear, the People’s Procuratorate can directly decide to arrest and send the decision to the public security authority for execution.

Article 322: If mistakes are found in decisions approving an arrest, a People’s Procuratorate shall revoke the original decisions approving the arrest and send it to the public security organs for execution.

If mistakes are found in the decisions disapproving an arrest when it is necessary to approve an arrest, a People’s Procuratorate shall dismiss the original decision, approve the arrest, and send it to a public security authority for execution.

For a criminal suspect who has been released because the original approval for an arrest has been dismissed or his/her compulsory measures have been changed to bail or residential confinement after he/she has been arrest by a public security authority, but an arrest is still necessary, a People’s Procuratorate shall revise the decision so as to approve the arrest.

Article 323: For cases in which an arrest has not been approved that need to be reviewed by a public security authority, the investigation supervision department of a People’s Procuratorate shall appoint special personnel to review and decide whether to change the approval and inform a public security authority of their decision within seven days of the application being submitted for review and receipt of case files.

Article 324: For cases in which arrest has not been approved, but a public security authority has applied for a review of such a decision, the chief procurator or the prosecutorial committee shall decide whether to modify the prior approval within fifteen days of the application being submitted for review and receipt of case files. The investigation supervision department of a higher-level People’s Procuratorate shall inform a lower-level People’s Procuratorate and public security authority for execution. If a modification is necessary, a People’s Procuratorate that had made the decision not to approve the arrest shall be informed that the decision has been dismissed. If necessary, a higher-level People’s Procuratorate may directly make the decision to approve the arrest and inform the lower-level People’s Procuratorate and transfer the case to a public security authority for execution.

Article 325: For cases in which arrest has not been approved and a public security authority has been asked to carry-out supplement investigations, if a public security authority submit an application to review the original decision not to approve an arrest after the supplement investigation, a People’s Procuratorate shall request that the public security authority re-submit the application to approve an arrest. If the public security authority insists on applying for review, the People’s Procuratorate shall refuse the application.

Situations in which approval for an arrest is sent after a public security authority’s supplement investigation shall be handled according to Article 321 of this Regulation.

Article 326: For cases submitted by a public security authority to approve of an arrest, the investigation supervision department shall inform the prison and prosecution department of the conditions of approval, modification, or dismissal in writing.

Section 3: review and decison to arrest

Article 327: For cases which are directly handled and placed on file for prosecution by a People’s Procuratorate below the provincial level (provincial level excluded), if it is necessary to arrest a criminal suspect, a submission shall be made to a higher-level People’s Procuratorate for examination and determination.

For cases placed on file and investigated by prison, forestry, and other specialized People’s Procuratorates, if a criminal suspect needs to be arrested, a submission shall be made to a higher-level People’s Procuratorate requesting examination and a decision.

Article 328: For cases submitted to apply for examination of an arrest by a lower level People’s Procuratorate, the investigation department shall submit requests for an arrest together with case files and audio or video recordings of criminal suspect’s interrogation to a higher-level People’s Procuratorate for examination after it has been examined and approved by the chief procurator or the prosecutorial committee. A criminal suspect’s danger to society shall be reported in and relevant evidential material shall be attached to the application.

When the investigation department reports and applies for arrest, it shall also notify the criminal suspect and the defense lawyer of the report circumstances.

Article 329: If a criminal suspect has been detained, the investigation department of a lower-level People’s Procuratorate shall submit the case to a higher-level People’s Procuratorate to examine whether an arrest is necessary within seven days of detention. The higher-level People’s Procuratorate shall decide whether to arrest within seven days of receiving the application. In special circumstances, the amount of time allowed to decide on an arrest can be extended by one to three days. For a case where a criminal suspect is not detained, a higher-level People’s Procuratorate shall make a decision within fifteen days of receiving the application. For significant or complicated cases, the time allowed for making a decision cannot exceed twenty days.

Time required to process the transferred case materials and receive legal documentation shall be counted in the time for examining an arrest by a higher level People’s Procuratorate.

Article 330: For a significant, difficult, or complicated case, the investigation department of a lower level People’s Procuratorate may request that the investigation supervision department of a higher level People’s Procuratorate work with personnel from its own investigation supervision department to investigate and discuss a case. When necessary, the investigation supervision department of a higher level People’s Procuratorate and personnel from the investigation supervision department of a lower level People’s Procuratorate both be involved in investigation, suggest how evidence may be collected and the law applied, and supervise the legality of the investigation after reporting to the chief procurator and obtaining his approval.

Article 331: After examination by a higher level People’s Procuratorate, if conditions fall within Article 305 of this Regulation, a criminal suspect shall be interrogated. During interrogating, Article 307 of this Regulation shall be followed.

For a criminal suspect who is not detained, suggestions shall be solicited from the investigation department of a lower level People’s Procuratorate before interrogation.

Interrogation of a criminal suspect shall be conducted in person or via video. For interrogations via video, a higher level People’s Procuratorate shall create transcripts and attach them to the case file. A lower level People’s Procuratorate will cooperate in the arrangement, verification, signing, etc. of interrogation transcripts.

If interrogation cannot be conducted in person or via video due to inconvenient communication, a higher level People’s Procuratorate may prepare a brief outline of the interrogation and assign that the investigation supervision from a lower level People’s Procuratorate conduct interrogations. The lower level People’s Procuratorate shall transfer interrogation transcripts the higher level People’s Procuratorate in a timely manner.

Article 332: For a detained criminal suspect, if a higher level People’s Procuratorate does not to interrogate him, a document requesting the suspect’s opinion shall be delivered to the criminal suspect. If the written opinion cannot be sent to the criminal suspect in a timely manner due to inconvenient transportation, the investigation supervision department of a lower level People’s Procuratorate may be authorized to deliver the document. A lower level People’s Procuratorate shall return the written opinion back in a timely manner and submit it a higher level People’s Procuratorate. If, after the examination, an interrogation is necessary, the interrogation shall be conducted in a timely manner.

Article 333: If a higher level People’s Procuratorate decides to arrest, it shall hand over the arrest decision and case files to a lower level People’s Procuratorate. The lower level People’s Procuratorate shall contact a public security authority at the same level for execution. If necessary, a lower level People’s Procuratorate shall assist with execution.

The lower level People’s Procuratorate shall submit the receipt of execution to the higher level People’s Procuratorate within three days of a public security authority executing the arrest.

The higher level People’s Procuratorate deciding on arrest may give suggestions regarding evidence collection and application of the law.

Article 334: f a higher level People’s Procuratorate decides against an arrest, it shall transfer the decision against an arrest and case files to a lower level People’s Procuratorate and state the reasons not arresting the suspect in writing. If a criminal suspect has been detained, the lower level People’s Procuratorate shall instruct a public security authority to release him/her immediately and make a report to this affect for the higher level People’s Procuratorate. If the case needs further investigation and the criminal suspect fulfills the conditions for granting bail and/or residential confinement, the lower level People’s Procuratorate shall decide to grant bail and/or residential confinement according to the law.

If the higher level People’s Procuratorate decides against an arrest, but desires supplemental investigation, the higher level People’s Procuratorate outline the supplemental investigations and deliver this outline to the investigation department of a lower level People’s Procuratorate.

Article 335: For a criminal suspect who shall be arrested but is not requested for arrest by a People’s Procuratorate at a lower level, a People’s Procuratorate at a higher level shall inform the People’s Procuratorate at a lower level to request for arrest of the criminal suspect. If the People’s Procuratorate at a lower level does not agree to request for arrest of the criminal suspect, it shall provide reasons. If the reasons cannot be established after examination, the People’s Procuratorate at a higher level shall make the decision of arrest according to the law.

Article 336: After an arrest has been decided upon, a criminal suspect shall be sent to the detention center immediately. Excepting conditions where notification is impossible, the lower level People’s Procuratorate shall inform the detainee’s relatives of the reasons for an arrest and location of his/her detention within twenty-four hours. For those who cannot be notified at that time, the relatives shall be informed immediately whenever it is possible to do so.

Article 337: For a criminal suspect who has been arrested, the investigation department of a lower level People’s Procuratorate shall carry out interrogations within twenty-four hours of the arrest.

If it is discovered that the person should not have been arrested, a lower level People’s Procuratorate shall immediately release the criminal suspect or amend the compulsory measures and report as such to a higher level People’s Procuratorate.

Regarding criminal suspects that have been released or whose compulsory measures have been amended, if it is necessary to arrest him/her, another application to examine whether an arrest is appropriate shall be submitted.

Article 338: For an arrested criminal suspect, if the People’s Procuratorate that made the decision to arrest finds that it is, in fact, not appropriate to make an arrest, it shall dismiss the arrest and inform the lower level People’s Procuratorate to inform a public security authority of the same level for execution. It shall state the reasons for dismissing the arrest to the lower level People’s Procuratorate.

Article 339: If a lower level People’s Procuratorate finds errors in the decision not to arrest made by a higher level People’s Procuratorate, it shall submit a request for review to the higher level People’s Procuratorate within five days of receiving said decision. The detained criminal suspect, however, shall still be immediately released and/or compulsory measures imposed upon him or her shall be amended

After receiving the application to re-examine the arrest and case files, the investigation supervision department of a higher level People’s Procuratorate shall appoint other personnel to examine the case and decide whether to make an arrest within seven days.

Article 340: When the local, prefecture, or city People’s Procuratorate implementing examination and prosecution for cases directly accepted for filing and investigation and it is necessary to arrest the criminal suspect, the Procuratorate shall submit an application to examine an arrest to a higher level People’s Procuratorate.

The public prosecution department shall be responsible for this submission.

Article 341: Permission must be granted to allow the investigation department of a lower level People’s Procuratorate to arrest a criminal suspect who is a representative of any level People's Congress according to Article 146 of this Regulation. After permission is granted, it shall apply for arrest approval from a higher level People’s Procuratorate.

Article 342: For a case directly accepted for filing and investigation by the Supreme People's Procuratorate or provincial People's Procuratorate, if it is necessary to arrest a criminal suspect, the investigation department shall complete the opinion form for arrest of a criminal suspect and transfer it, along with case files, audio or video interrogation recordings, to the investigation supervision department. If a criminal suspect has been detained, the investigation department shall transfer the case to the investigation supervision department for examination within seven days of detention.

Article 343: For a case transferred for examination of an arrest by an investigation department and in which a criminal suspect has been detained, the chief prosecutor or prosecutorial committee shall decide whether to arrest within seven days of receiving the opinion concerning arrest of the criminal suspect from the department of investigation supervision. In exceptional cases, the time allowed for deciding upon an arrest can be extended by one to three days. If the criminal suspect has not been detained, the chief prosecutor or prosecutorial committee shall decide whether to make an arrest within fifteen days of receiving the opinion for arresting a criminal suspect from the investigation supervision department. For important and complex cases, the time allowed cannot exceed twenty days.

Article 344: For arresting a criminal suspect transferred for examination by an investigation department, if the chief prosecutor or prosecutorial committee decides on an arrest, the investigation supervision department shall transfer the decision to arrest with case files and audio or video interrogation recordings to the investigation department. The investigation department shall inform a public security authority for execution. If necessary, a People’s Procuratorate may assist with execution and provide opinions as to how evidence should be collected and the law applied.

Article 345: For the arrest of a criminal suspect transferred for examination by an investigation department, if the chief prosecutor or prosecutorial committee decides against an arrest, the investigation supervision department shall transfer the decision with case files and audio or video interrogation recordings to the investigation department. For detained criminal suspect, the investigation department shall inform the public security authority to allow immediate release.

Article 346: For a criminal suspect who shall be arrested but has not been transferred for examination or arrest by an investigation department of a People’s Procuratorate, the investigation supervision department shall suggest methods for transferring the examination for an arrest to the investigation department. If the suggestion is not accepted, the investigation supervision department may request the chief prosecutor submit it to the prosecutorial committee for a decision.

Article 347: For cases directly accepted for filing and investigation by the Supreme People's Procuratorate or provincial People's Procuratorates, after the criminal suspect has been arrested he/she shall be sent to a detention center. Excepting situations where notification is impossible, the investigation department shall inform relatives of the criminal suspect of the reasons for arrest and detention location. For conditions where notification is impossible, the relatives shall be immediately informed when notification again becomes possible.

Article 348: For cases directly accepted for filing and investigation by the Supreme People's Procuratorate or provincial People's Procuratorate, the investigation department shall interrogate the arrested criminal suspect within twenty-four hours of an arrest.

If the criminal suspect is should not be arrested, a People’s Procuratorate shall dismiss the decision for an arrest or amend compulsory measures with the permission of chief prosecutor and inform a public security authority for execution. The investigation supervision department shall be informed simultaneously.

For a criminal suspect who is released or for whom compulsory measures have been amended according to the preceding paragraph, if it is found that he or she must be arrested, he or she shall be subject to an examination for arrest again.

Article 349:For a case directly accepted for filing and investigation by the Supreme People's Procuratorate or provincial People's Procuratorate, if it has been decided not to make an arrest, but it is discovered that an arrest is actually necessary, arrest procedures shall again be followed.

Article 350:For a case directly accepted for filing and investigation by a People’s Procuratorate, the investigation department shall inform the prison and prosecution department of the conditions for a decision, change, or dismissal of arrest in writing.

Section 4: Approval of prosecution

Article 351: For a crime whose maximum statutory sentence is life imprisonment or the death penalty, if the twenty year limit on prosecution has expired, the prosecution shall not be carried out. If prosecution is needed, it shall be reported to the Supreme People’s Procuratorate for permission.

Article 352: For a case that needs to be reported to the Supreme People’s Procuratorate for permission to prosecute, the investigation department shall apply compulsory measures to the criminal suspect before an examination according to the law.

For a criminal suspect reported by an investigation department for permission to prosecute and apply for arrest, if the People’s Procuratorate finds that prosecution is necessary and statutory conditions for arrest are satisfied, it may permit an arrest according to law and require the investigation department not to stop investigating the case whilst applying for permission prosecute.

Without approval of the Supreme People’s Procuratorate, public prosecution cannot be initiated.

Article 353: Cases reported for which prosecution is approved shall meet the following conditions:

(1) There is evidence supporting the existence of criminal facts and the crime was committed by a criminal suspect;

(2)The maximum applicable statutory sentence for the accused acts is life imprisonment or the death penalty;

(3)The nature, details, and result of the accused acts are very serious; social harm and influence still exist and not prosecuting the case will seriously affect social stability or result in other serious consequences thus must be prosecuted even after the twenty years limit on prosecutions has expired,;

(4)The criminal suspect can be brought to the case and receive prosecution in a timely manner.

Article 354: For cases reported by investigation authorities for permission to conduct an arrest, they shall be accepted by the People’s Procuratorate at the same level and reported, level by level, to the Supreme People’s Procuratorate for examination and decision.

Article 355: Investigating authorities submitted to the approval of the prosecution's case, accepted by the people's procuratorates at the same level and cengbao decision of the Supreme People's Procuratorate for examination.

Article 356: After receiving a report applying to approve prosecution and case files from a provincial People's Procuratorate, the Supreme People’s Procuratorate shall examine the submission in a timely fashion, and if necessary, send personnel to the case site to inquire into relevant case information. With permission from the chief prosecutor or examination from the prosecutorial committee, the decision whether to approve prosecution shall be made within one month of accepting the case. For special conditions, time limitations may be extended by fifteen days. The written decision whether to approve a prosecution shall be made and be delivered level by level down to the People’s Procuratorate which first accepted the case and then transferred to the investigation authority which request that prosecution be approved. 。

Article 357: For a case in which arrest has been granted, if a decision cannot be made within the custody period, the criminal suspect’s compulsory measures shall be amended or the custody period shall be extended.

Article 358: If the Supreme People’s Procuratorate decides to approve prosecution, the People’s Procuratorate which first accepted the case shall supervise investigations conducted by the investigation authority.

If the Supreme People’s Procuratorate decides not to approve prosecution and the investigation authority does not dismiss the case in time, a People’s Procuratorate at the same level shall supervise and correct the mistakes. If the criminal suspect is under custody, he or she shall be released immediately.

Article 359: For a case directly accepted for filing and investigation by a People’s Procuratorate and reported to the Supreme People’s Procuratorate to approve prosecution, the provisions of this Section shall apply.

 

Chapter XI: Review for Prosecution

第一节 审查

Article 360: When a People’s Procuratorate accepts a case transferred for examination and prosecution, it shall designate a prosecutor or, with approval from the chief prosecutor, an assistant prosecutor may act as the prosecutor to handle the case.

Personnel handling a case shall examine all relevant case files and record file examinations when necessary.

Article 361: For important, difficult, or complicated cases in which a People’s Procuratorate deems it necessary, it can send personnel to participate in the investigation, provide opinions regarding collecting evidence and applying law, and supervise to ensure that the investigation conforms to the law.

Article 362: The People’s Procuratorate at various levels shall initiate prosecutions according to the People’s Court’s jurisdiction. If a case is transferred and accepted by a public prosecution department is deemed to not be within this jurisdiction, the case shall be transferred to a People’s Procuratorate that does have jurisdiction within 5 days.

If a lower level People’s Procuratorate finds that a case should be pursued by a higher level People’s Procuratorate, it shall transfer the case to the next highest level People’s Procuratorate and notify the appropriate public security authority for examination and prosecution; when a case is found to be under the jurisdiction of another People’s Court of the same level as the People’s Procuratorate of first instance, it shall be transferred to the People’s Procuratorate with proper jurisdiction or to a common higher level People’s Procuratorate for instructions concerning jurisdiction and a notice shall be sent to the appropriate public security authority for examination and prosecution.

When a People’s Procuratorate that has accepted a case transferred from a lower level public security authority for examination and prosecution finds that the case should rightfully to subject to a lower-level People’s Procuratorate’s jurisdiction, it may transfer it to that lower-level People’s Procuratorate. The lower-level People’s Procuratorate shall start public prosecution at the same level’s People’s Court and simultaneously notifying appropriate public security authorities.

For joint crimes, cases in which a person commits more than one crime, and other cases that need to be tried in tandem where one criminal or crime must be tried by a higher level Procuratorate, examination and prosecution for the whole case shall be conducted by the higher level People’s Procuratorate.

People’s Procuratorates shall negotiate issues concerning jurisdiction with People’s Court of the same level before investigation organs transfer the case for examination and prosecution. Jurisdiction for these cases shall be decided upon pursuant to the Criminal Procedure Law. 

Article 363: The following facts shall be examined for accuracy when the People’s Procuratorate examines cases transferred for prosecution:

(1) Whether the criminal’s identification information is clear, including names, gender, nationality, birth date, occupation, and organizational affiliation, etc; whether relevant information is clear when an organization commits a crime;

(2) Whether criminal facts are clear, including time, place, means, criminal facts, and dangerous consequences;

(3) Whether opinions determining the charge and nature of crimes are correct, including whether there exist legal circumstances under which punishment shall be less severe or unnecessary; whether a determination regarding a criminal suspects’ responsibilities is appropriate in joint criminal cases;

(4) Whether the evidentiary materials proving the criminal facts, including a written decision allowing technical measures to detect and certify evidentiary material, shall be transferred together with the case; whether evidentiary materials proving relevant illegal funds are transferred together with cases; whether lists of evidence, copies and photos or other evidentiary documents for objects not suitable for transfer are moved with cases;

(5) Whether evidence is exact, sufficient, collected legally; whether the exclusionary rule shall be applied;

(6) Whether all legal procedures and litigation documents are complete;

(7) Whether there is any crime or person that was not, but should be, investigated of criminal responsibilities;

(8) Whether it is a case where no criminal responsibilities shall be investigated;

(9) Whether there is incidental civil action; whether it is necessary for the People’s Procuratorate to initiate incidental civil action in which state or collective property has suffered any loss.

(10) Whether it is appropriate to take compulsory measures; whether it is still necessary to continue holding criminal suspects in custody;

(11) Whether investigation activities are legal;

(12) Whether property involved in the case should be sealed, seized, or frozen and whether lists of such property is complete; whether the victim’s lawful property is returned to the victim in a timely manner; whether contraband and perishable property is disposed of according to relevant provisions of the state; whether evidentiary documents are transferred properly.

Article 364: When People’s Procuratorates examine a case, they shall interrogate criminal suspects, listen to opinions from defenders, victims and agents, and prepare transcripts to be attached to case files.

Written opinions provided by defenders, victims, and litigation representatives shall be attached to the case file.

Article 365: When it is difficult to listen to opinions from defenders, victims, and litigation representatives, the defender, victim, and/or litigation representative may be asked to provide their opinions in writing. If these opinions are not provided within the designated period of time, it shall be noted in the case file.

Article 366: If the People’s Procuratorate finds that it is necessary to evaluate certain special issues that investigation authorities did not address , it shall request investigation authorities to make evaluations; when necessary, evaluations may be conducted by the People’s Procuratorates or personnel with competent qualifications.

When a People’s Procuratorate itself conducts evaluations it may invite investigation authorities to participate and hire personnel with competent qualifications when necessary.

Article 367: During examination and prosecution, People’s Procuratorates shall evaluate criminal suspects according to relevant provisions of this Regulation if the suspects suffer from mental disease.

If the defenders or close relatives of the criminal suspects apply for criminal suspects to be evaluated under provisions for people with mental illness, People’s Procuratorates may evaluate criminal suspects according to relevant provisions of this Regulation and the applicant shall pay for the evaluation fees.

Article 368: People’s Procuratorates may interview identification and evaluation experts and attach these interviews to case files if there is any doubt concerning the identification or evaluation opinions. It may also assign prosecutorial technical clerks or retain people qualified for identification or evaluation to perform supplementary identification/evaluation or re-identification/re-evaluation of particular special issues.

After conducting an examination, public prosecution departments shall examine evidentiary materials involving specified technical problems and may transfer them to prosecutorial technical staff or other people with expertise to provide review opinions.

Article 369: When a People’s Procuratorate examining a case finds that it is necessary to conduct a crime scene investigation or examination that has been done by a public security authority again, it shall request that the public security authority conduct the crime scene investigation or examination again and may send prosecutors to participate. It may also itself conduct the crime scene investigation or examination again and consult/request a public security authority to participate and retain people with expertise to participate when necessary.

Article 370 If a People’s Procuratorate has any doubts concerning physical evidence, documentary evidence, audio-visual recordings,electronic data, transcripts of crime scene investigations, examinations, or identification and investigative reenactments, it may request that criminal investigators provide information concerning collection and production of such materials. When necessary, it may also interview those who provide or witness physical or documentary evidence, audio-visual recordings,electronic data, transcripts of crime scene investigations, examinations, identification and investigative reenactments and prepare transcripts to be attached to case files, or technically evaluate of the physical or documentary evidence, audio-visual recordings, or electronic data.

Article 371: People’s Procuratorates may interview a witness and prepare transcripts to be attached to case files if there is any doubt that transcripts of witness statements or interviews were not detailed or have omissions.

Article 372: When interrogating criminal suspects or interviewing victims, witnesses, and assessment experts, they shall be informed of their procedural rights during examination and prosecution.

Article 373: Interrogations of criminal suspects, interviews of victims, witnesses, assessment of experts, and opinions from defenders, victims and agents shall be attended/conducted by two or more case-handling personnel.

Interrogations of criminal suspects, interviews of witnesses, and evaluation or identification of experts and victims shall be conducted individually.

The interview location for witnesses and/or victims shall be determined according to Article 122 of the Criminal Procedural Law.

Article 374: People’s Procuratorates shall examine audio or visual recordings of criminal interrogations and these audio or visual recordings shall be transferred together with the cases or obtained by a People’s Procuratorate. All audio or visual recordings may be examined when necessary for important, difficult, or complex cases.

Article 375: If a public prosecution department finds that it is necessary to arrest criminal suspects after examination, it shall transfer the case to investigation and supervision departments according to Chapter 10 of this Regulation.

Article 376: After examining a case, case-handling personnel shall create an examination report for the case, opine as to whether prosecution should be initiated or if it is necessary to pursue incidental civil action, and submit these opinions to the chief prosecutor or prosecutorial committee for a decision having them reviewed by responsible persons of the public prosecution department.

If case-handling personnel find that they must provide sentencing suggestions to a People’s Court, they may submit written advice together with the request for a decision.

Chief prosecutors may directly decide whether to start prosecuting cases expect for cases that shall be discussed and decided upon by a prosecutorial committee as provided in this Regulation.

Article 377: If the People’s Procuratorate finds it necessary to supplement trial evidence after examining the cases transferred by investigation authorities, but before a People’s Court makes a valid judgement,the Procuratorate may request, in writing, that the evidence be provided by investigation authorities.

Article 378: During examination and prosecution, if the People’s Procuratorate believes that evidence may have been obtained illegally, as defined in Article 54 of the Criminal Procedure Law, it may request that an investigation authority provide a written explanation or produce relevant materials proving the evidence’s legitimacy.

Article 379: When People’s Procuratorates find that investigators obtained evidentiary materials, i.e. confessions from defendants, statements from victims or witnesses, illegally, they shall exclude said illegal evidence and recommend corrective measures. They may simultaneously require that the investigation authorities reassign investigators investigate and collect evidence again. When necessary, it may also investigate and collect evidence itself.

Article 380: People’s Procuratorates shall provide detailed written recommendations with case files to public security authorities for supplementary investigation if it is found that the facts of a crime are not clear, evidence is insufficient, or criminal suspects have been omitted; it may also itself investigate and ask for public authorities’ assistance when necessary.

Article 381: After the public prosecution department examining a case has transferred it for examination and prosecution by the investigation department of the same People’s Procuratorate, it shall provide detailed written recommendations with case files to public security authorities for supplementary investigation if the facts of a crime are not clear, evidence is insufficient, or criminal suspects have been omitted; it may also itself investigate and ask for the investigation departments' assistance when necessary.

Article 382: Cases returned to public security authorities for supplementary investigation shall be completed within one month.

Only two supplementary investigations may be conducted.

After supplementary investigation for a case has been completed and is transferred to a People’s Procuratorate, the examination and prosecution period shall be recalculated by the People’s Procuratorate.

The duration of supplementary investigations for a case returned by the public prosecution department to the investigation department of the same People’s Procuratorate shall be determined by clauses 1 to 3 of this Article.

Article 383: When a People’s Procuratorate decides to itself investigate a case, the investigation shall be completed before the end of the examination and prosecution period.

Article 384: After supplementary investigation has been conducted twice, during which time new criminal facts are found, the case shall be transferred to investigation authorities for filing and investigation; for cases where the examined criminal facts are deemed to be clear, public prosecution shall be carried out in accordance with the law.

Article 385: If jurisdiction over a case to be examined and prosecuted is changed during examination and prosecution, the People’s Procuratorate with jurisdiction after the change may return cases meeting requirements of Article 172, Clause 2 of the Criminal Procedure Law to public security authorities for supplementary investigation via the original Procuratorate its own authority. Together, there should be no more than two supplementary investigations before and after the change.

Article 386: People’s Procuratorates shall, within one month, decide whether a case should be transferred for examination and prosecution; for significant or complicated cases, this time may be extended for half a month with permission from the chief prosecutor.

When a People’s Procuratorate’s jurisdiction over a case being examined for prosecution is changed, the period of examination and prosecution shall be counted starting from the day when the People’s Procuratorate with proper jurisdiction received the case after changes were made.

Article 387: Legal property belonging to the victims collected during investigation that does not need to be adduced in court, shall be returned to victims in a timely manner. Victims shall sign or seal the transcripts and reasons why the property was returned, lists of objects, and photos kept in the case file.

Article 388: Prohibited articles and perishable objects shall be disposed of in accordance with relevant regulations of the State. An inventory and photos of these objects shall be kept in the case file.

Article 389: Public prosecution departments may apply investigation measures and procedures delineated in this Regulation when handling cases.

Section 2: Prosecution:

Article 390: If a People’s Procuratorate has examined a case and finds that facts of a criminal suspect’s crime are clear, evidence is hard and sufficient, and that the criminal suspect is subject to criminal liability, it shall initiate a public prosecution.

If one of the following circumstances are met, facts of the criminal suspect’s crime may be considered clear:

(1)For cases consisting of a single crime, the facts are enough for conviction and sentencing, or facts concerning conviction and sentencing are clear while those not related to conviction and sentencing cannot be ascertained;

(2) For cases with several crimes, some crimes are clear and meet the conditions for prosecution while the rest of the crimes cannot be ascertained;

(3)It is impossible to ascertain the tools used in a crime and the whereabouts of the illegally obtained property, but other evidence is enough for conviction and sentencing;

(4)The main content of witness, defendant, or victim testimony, statements, and exculpations are the same and only a few circumstances, not affecting conviction, are different.

Suspects meeting the dictates of item (2) shall be prosecuted for the ascertained crimes.

Article 391: When handling cases transferred for examination and prosecution, if omitted crimes or other criminal suspects relevant to the same case are discovered, the People’s Procuratorate shall request that public security organs transfer supplementary information or the suspect for examination and prosecution; in cases where the facts of a criminal suspect’s crime are clear and the evidence is hard and sufficient, the People’s Procuratorate may also directly initiate public prosecution.

Article 392: While conducting examination and prosecution, if the People’s Procuratorate finds that cases it directly accepted for filing and investigation do not belong in its jurisdiction, but the case facts are clear and evidence is sufficient and fulfills the requirements for prosecution, it may initiate prosecution directly; if the facts are not clear and evidence not sufficient, the case shall be transferred to the authorities with jurisdiction in a timely manner.

Article 393: People’s Procuratorates shall make an indictment if it decides to prosecute.

The main contents of an indictment include:

(1) Basic information on the defender, including name, gender, birth date, place of birth, domicile, identification number, nationality, degree of education, occupation name position, and address, whether the defender had ever been sentenced for criminal punishment, type and period of this criminal punishment, circumstance of these compulsory measures, etc.; if a crime is committed by a unit, the name of the unit, code of the organization, address, contacts, legally-designated representatives and litigation representatives’ names, positions, contacts; if chief personnel or other leaders are directly responsible for the crime, their information the same information as stated above shall be noted down.

(2) Subject matter of the case and cause of the case;

(3)Facts of the case, including time, place, process, manner, motive, purpose, harmful consequences, and factual factors that concern sentencing. Essential elements of the relevant criminal facts stated in the indictment shall be clear and accurate. When the defender is accused of more than one crime, the facts shall be listed one by one and similar crime committed in the same manner may be summarized.

(4)Basis and reasons for prosecution, including articles of law breached by the defender, nature of the crime, confirmation of the crime, articles of punishment, legal circumstance for lighter, mitigated or heavier punishment, joint crimes and criminal responsibility that shall be borne by each defender.

If the real names and address of defenders cannot be verified, the indictment shall be made using their nicknames or names/addresses they reported. When the names they reported may cause damage to another’s reputation, insult ethical custom, or have other negative effects, the indictment can be made using the number of defenders with photos of each defendant and clear descriptions of their appearance, figure, finger prints, or other items that can reflect their identity attached.

Residence of the defenders, lists of witnesses, assessment experts and people with expertise that need to testify in the court, lists of victims that shall be protected, witness, assessment experts, property involved in the case, incidental civil litigation and other circumstance shall be added.

Name, gender, age, occupation, residence, contact, and whether they appear in court shall be noted in the list of witnesses and assessment experts or people with expertise.

Article 394: People’s Procuratorates that initiate public prosecution of a case shall transfer the indictment, case file, and evidence to the People’s Court.

The indictment shall be made in eight copies, for each additional defendant there should be five more copies.

eople’s Procuratorates shall state the name, address, and contact of the victim, the types of necessary compulsory measure adopted against the defendant, documented or otherwise, place of custody, etc. Case materials may not be transferred separately. For situations involving victim secrets or in which it is not convenient to disclose the witness, identification expert, or name, address, employer, or contact of the victim for reasons of personal safety, it may use pseudonyms instead. It must, however, note this condition in writing separately and mark the security classification.

Article 395: People's Procuratorates shall transfer retracted confession from criminal suspect, defendants, or witnessed and other evidentiary materials beneficial to the criminal suspect or defendant to the People's Court.

Article 396: When the People's Court requests supplementary materials be transferred by People’s Procuratorate in writing, the People’s Procuratorate shall submit the supplements within three days of the date it receives the notice if it finds that it is necessary to make the supplementary submission.

Article 397: When the People's Court requests supplementary materials be transferred by People’s Procuratorate in writing, the People’s Procuratorate shall submit the supplements within three days of the date it receives the notice if it finds that it is necessary to make the supplementary submission.

Article 398: During examination and prosecution, the People's Procuratorate may, based on an application from the defender, obtain evidentiary materials collected by public security authorities during the investigation that prove the innocence of criminal suspect/defendants or that the crime is minor.

Article 399: People’s Procuratorates may provide sentencing recommendations for cases initiated for public prosecution except when there exist mitigating factors or cause to exempt criminal suspects from punishment. Sentencing recommendations shall be within the legal sentencing range. Recommendations for fixed imprisonment, incarceration, or limited incarceration may be delivered as a range or specific term.

Article 400: To make sentencing recommendations in publicly prosecuted cases, the recommendation may be made and transferred to the People’s Court with an indictment.

A written sentencing recommendation shall include legal punishments for the defendant’s crime, circumstances concerning the sentence, types, ranges and applicable method for executing the criminal punishment, and basis and reasons for the recommendation.

 

Section 3: non-prosecution

Article 401: For cases transferred by public security organs for examination and prosecution, People’s Procuratorates shall not initiate a prosecution with permission from the chief prosecutor or prosecutorial committee if they find that there is no criminal evidence or the suspects qualify under any of the situations prescribed in Article 15 of the Criminal Procedure Law.

Where the criminal acts were not necessarily done by the criminal suspect and a new investigation is needed, after a decision not to prosecute is made a written explanation shall be made, and the case file materials sent back to the public security organ along with a written suggestion that the public security organ newly reinvestigate.

Article 402: Prosecution departments shall return the case to the investigation department with a recommendation to dismiss the case if they find that the case qualifies under any of the situations prescribed in item one of Article 401.

Article 403: People’s Procuratorates shall decide against initiating a prosecution with permission from the chief prosecutor or prosecutorial committee if they still find that the case lacks evidence and does not meet the requirements for prosecution in cases returned for supplementary investigation twice.

People’s Procuratorates shall decide against initiating a prosecution if they find that the case lacks evidence, does not meet the requirements of prosecution, and further supplementary investigation is not required after the first supplementary investigation.

Article 404: If one of the following circumstances apply and it cannot be ascertained if the criminal suspect committed a crime or is subject to criminal liability, the case lacks evidence and cannot be prosecuted:

(1)There is not enough evidence to prove elements of the crime.

(2)There are doubts concerning evidence used to prove guilt that cannot be verified.

(3)The are contradictions between pieces of evidence, or evidence and facts of the case that cannot be reasonably dismissed.

(4) Based on available evidence, it is possible to draw other conclusions that cannot be reasonably dismissed.

(5)Evidence is not logical or seems unreasonable and conclusions do not conform with common sense.

Article 405: For cases that will not be prosecuted by a People’s Procuratorate in accordance with article 171 of the Criminal Procedure Law, if any new evidence is found and requirements for prosecution are met, prosecution may be initiated.

Article 406: People’s Procuratorates shall decide against initiating prosecution with permission from the chief prosecutor or prosecutorial committee if the alleged conduct is obviously minor and can be exempted by Criminal Law from criminal liability.

Article 407: If a People’s Procuratorate below the provincial level decides against prosecuting cases it directly accepted, it shall obtain approval from People’s Procuratorates at the next higher level.

Article 408: When People’s Procuratorates decide against initiating a prosecution, it shall produce a written decision.

The written decision shall include:

(1)Basic personal information, including name, sex, date of birth, birth place, place of residence, nationality, degree of education, occupation, organization in which one works and one’s position, address, ID number, whether the person has been served criminal punishments, basic information concerning compulsory measures that have been applied, and the place of custody. If the crimes are committed by a workplace, the name of the organization and its institutional bar code, address, contact information, and legally-designated representative’s name, position, and contact information of.

(2)Cause of action and source of the case.

(3)Case facts, including facts concerning whether the person has committed a crime and facts used to determine whether to initiate prosecution.

(4)The legal basis and reasons for deciding against prosecution and applicable legal terms.

(5)How sealed and frozen money and property involved in the indicted case has been managed.

(6)Other relevant matters.

Article 409: When a People’s Procuratorate decides against public prosecution, the concerned party may be admonished, ordered to sign a statement of repentance, or asked to make compensation or an apology as appropriate.

If the concerned party needs to be given an administrative penalty or sanction, the People’s Procuratorate shall suggest what would be appropriate, transfer the case to competent organs and these organs to report how they handle the situation in timely manner.

Article 410: When a People’s Procuratorate decides against public prosecution, property illegally obtained by criminal suspects that are relevant to the case shall be handled according to provisions of Article 296 in this Regulation.

Article 411: When a People’s Procuratorate decides against public prosecution and it is necessary to stop seizing, impounding, or freezing property sealed, seized, or frozen during criminal investigation, the People’s Procuratorate shall provide written notification to the authority that decided to seize, impound, or freeze the property to terminate the process.

Article 412: The decision against prosecution shall be delivered openly by People’s Procuratorates. Delivery of the decision shall be put on record.

The decision against prosecution shall come into effect on the date it was delivered.

If the concerned party is in custody, he or she shall be released immediately; if he or she has been subject to compulsory measures, the enforcing authorities shall be notified to terminate them.

Article 413: The decision shall be served to the victim or his/her close relatives, legally-designated representative, and work place. Upon delivery, the victim or his close relatives and legally-designated representatives shall be informed that, if they reject the decision, they can appeal to a higher level People’s Procuratorate within seven days of receiving the written decision. They can also bring a suit to a People’s Court without appeal. The concerned party shall be informed that if he or she rejects the decision, he or she can appeal to the People’s Procuratorate within seven days of receiving the written decision.

Article 414: If a People’s Procuratorate decides against prosecuting cases transferred by public security organs, it shall deliver the decision in writing.

Article 415: If a public security organ finds that there are errors in a decision against prosecution and requests a reconsideration, the public prosecution department of a People’s Procuratorate, after receiving approval from appropriate persons in the public prosecution department, shall instruct other prosecutors to review the case, provide review opinions, and report to the chief prosecutor or prosecutorial committee for a decision.

People’s Procuratorates shall finish reconsidering the case within thirty days of received the application and notify the public security organ of their decision.

Article 416: If a higher-level People’s Procuratorate receives opinions on the review of decisions to not prosecute from a public security organ, the opinions shall be handled by the public prosecution department. The public prosecution department of a People’s Procuratorate, after receiving approval from the head of the public prosecution department, shall point prosecutors to review the case, put forth review opinions, and report to the chief prosecutor or prosecutorial committee for a decision.

The higher-level People’s Procuratorate shall make a decision within thirty days of receiving the review application deliver the decision in writing to the public security organ which requested the review and the lower-level People’s Procuratorate.

Article 417: If the victim appeals decision against prosecution within seven days of receiving the decision, the prosecutorial department of criminal appeals from the next higher-level People’s Procuratorate shall file the case for review.

If the victim files a petition with the People’s Procuratorate that decided against prosecution, that People’s Procuratorate shall submit petition materials and case files to the next higher-level People’s Procuratorate.

Article 418: If the victim files a petition within seven days of receiving the decision against public prosecution, the prosecutorial department of criminal appeals from the People’s Procuratorate that made the decision shall determine whether it is appropriate to file the case for review and conduct an examination.

Article 419: The prosecutorial department of criminal appeal shall prepare an opinion after the review and report it to the chief prosecutor for a review decision.

The review decision shall be made in writing and delivered to the victim, the person who is not to be prosecuted, and the People’s Procuratorate that decided against public prosecution.

If, after review, a higher-level People’s Procuratorate decides to initiate a public prosecution, it shall rescind the decision against public prosecution made by the lower level People’s Procuratorate, deliver it to the lower level People’s Procuratorate to start public prosecution, and send a copy of the decision to the public security organ that transferred the case for examination and prosecution. The public prosecution department shall handle the public prosecution in court.

Article 420: If a People’s Procuratorate is notified that a People’s Court a victim is suing a person that the Procuratorate has determined should not be prosecuted, the People’s Procuratorate shall terminate its review and transfer all materials relating to the decision against prosecution to the People’s Court.

Article 421: Received victims of people's Court accepted the people's Procuratorate on charge after the notice of prosecution, the people's Procuratorate shall terminate the review, the decision not to prosecute the cases on the basis of material transferred to the people's Court.

The prosecutorial department of criminal appeal from a People’s Procuratorate shall put forth a review opinion after review and, if it finds that the decision against prosecution should be upheld, it shall report to the chief prosecutor for a decision. If it finds that the decision against prosecution should be modified, it shall report to the chief prosecutor or prosecutorial committee for a decision and, if these officials find that the decision against prosecution should be annulled and that a public prosecution should be initiated, it shall report to the chief prosecutor or prosecutorial committee for decision.

The review decision shall clearly indicate facts used in the review and provide its reasoning.

The review decision shall be delivered to the person who is not to be prosecuted and the victim. If the decision not to initiate a prosecution is annulled or the facts of or legal basis for not prosecuting is modified, a copy of the review decision shall be sent simultaneously to the public security organ that transferred it for examination before prosecution and the relevant departments of the People’s Procuratorate.

After the People’s Procuratorate decides to reverse the decision against prosecution and initiates a public prosecution, it shall transfer the case to the public prosecution department.

Article 422: After the People’s Procuratorate decides to reverse the decision against prosecution and initiates a public prosecution, it shall transfer the case to the public prosecution department.

Article 423: If the victim or person not being prosecuted does not accept the decision of against prosecution and files a petition, he or she shall send the petition letter and indicate reasons for the petition. If the victim or person not being prosecuted is unable to write, he or she can verbally file a petition and the People’s Procuratorate shall create a transcript.

Article 424: If the People’s Procuratorate finds that there was an error in the decision not to initiate a prosecution and finds that the case meets the requirements for public prosecution, it shall annul the original decision and initiate a public prosecution.

Article 425: If the Supreme People’s Procuratorate finds that there is a definite error in the decision whether to prosecute on the part of a local People’s Procuratorate or if a higher level People’s Procuratorate finds that there is a definite error in a lower level People’s Procuratorate’s decision whether to prosecute, it shall annul the decision or instruct the lower level People’s Procuratorate to make correction.

 

Chapter XII: Appearing at Court

Section 1: Appearing in the Court of First Instance:

Article 426: For public prosecution cases, People’s Procuratorate shall send a procurator to appear in the court of first instance,in support of public prosecution.

Public prosecutors shall be constituted by one or more chief prosecutors, procurators, or assistant procurators (with the approval from the chief prosecutor). It shall also dispatch a clerk to take notes.

For public prosecutions that are tried through a summary procedure a clerk may not be dispatched to take notes.

Article 427: If jurisdiction over a case is altered after initiating a public prosecution, the People’s Procuratorate that originally initiated the public prosecution shall transfer the case to the People’s Procuratorate with trial jurisdiction as per Article 362 of this Regulation.

If a People’s Procuratorate that accepts the transfer re-examines the case, the time limit for examination and prosecution shall be calculated from the date on which it receives the case according to Article 169 of the Criminal Procedure Law.

Article 428: After the People’s Court decides on open court sessions, the public prosecutor appearing in court shall make the following preparations:

(1)To further learn about the details of the case and evidence;

(2) To deeply study the legal and policy issues involved in this case;

(3)  To gain sufficient professional knowledge relevant to the trial;

(4) To draft an outline of inquiries for the defendant, witness, appraiser, and expert and a plan on how to adduce evidence and cross-examine the material evidence;

(5)To draft an outline proving the legality of evidence and preparing relevant materials for possible arguments concerning their legality;

(6) To draft an opinion on public prosecution and prepare an outline for debate;

(7) when it’s necessary to arrange protection for people such as the witness testifying in court, to make suggestions to the People’s Court, provide cooperation, and make necessary preparations.

Article 429: If the People’s Procuratorate receives written materials submitted by a defendant or his defender, victim, or witness showing that evidence has been obtained illegally before a court trial is held, the Procuratorate should conduct examinations.  If the argument was put forward during the period examining arrests or prosecution, but was found to be false, the prosecutorial organ shall notify the People’s Court, relevant parties, and the defender and prepare for the trial given this conclusion. If any new evidence or clues are provided, the prosecutorial organ shall require the criminal investigation organ (department) to provide relevant proof and explanations that they were obtained legally, and when necessary, investigate and verify the evidence itself.

Article 430: If a People’s Court notifies a People’s Procuratorate that a procurator should attend a pre-trial conference, a public prosecutor shall be sent to attend the court session and, when necessary, a clerk for note-taking shall be sent.

Article 431: During the pre-trial conference, a public prosecutor may raise questions and exchange opinions on issues related to the trial, i.e. case jurisdiction, withdrawal, the list of witnesses testifying in court, appraisers and experts, evidence submitted by defenders that can prove a criminal suspect's/defendant's innocence or that illegal evidence has been excluded, not hearing the case in public, trial postponement, application of summary procedures, plan for trial proceedings, and information about evidence gathered by the defender.

Objections to evidence gathered by the defender shall also be raised.

Through the pre-trial conference, public prosecutors can hear different opinions on the merits of the case, evidence, and applicable laws and solve procedural issues in preparation for trial.

Article 432: If the parties, defender, or litigation representatives claim during the pre-trial that evidence has been obtained illegally and the People’s Court believes that this may be true, the People’s Procuratorate shall prove its legality. If investigation and verification is needed, it should be conducted before the trial hearings.

Article 433: For cases in which a People’s Procuratorate initiates public prosecution, after transferring all case file materials and evidence, if public prosecutor needs to adduce, read out, and play relevant evidence in the course of court proceedings, he may request that the court do so.

Based on the need to prepare for hearings and adduce evidence during trials in court, People’s Procuratorates may at the latest take back relevant case file materials and evidence when it receives a notice of appearance.

After taking back case file materials and evidence, if defense lawyer still need to consult the case files, they shall be allowed to consult, extract, and duplicate the materials.

Article 434: Public prosecutors shall conduct the following activities in court according to the law:

(1) to read the indictment aloud, accuse crimes on behalf of the state, and plead that the People’s Court try the defendant in accordance with the law;

(2) to interrogate the defendant

(3) to question the witness, victim and appraiser;

(4) to request that the court show material evidence, read documentary evidence, statements for witnesses not present in court, opinions from assessment experts,transcripts from crime scene investigations, examinations, identification, and investigative reenactments aloud and play audio-video recordings, electronic data, etc.

(5) to present opinions on the evidence, applicable law, and merits of the case, put forward suggestions concerning sentencing and their reasoning, respond to the defendant or defender’s statements, and completely state the public prosecution’s opinion;

(6) to safeguard the legitimate rights and interests of parties to the lawsuit

(7) to keep notes concerning whether a People’s Court has violated statutory procedures during the trial;

(8) other litigating activities in accordance with the law

Article 435: During court proceedings, the public prosecutor shall objectively, comprehensively, and fairly show the court evidence concerning the conviction and sentencing of a case in order to prove the defendant guilty or that the crime is minor or grave.

Convicting and sentencing evidence should be separated and produced in court separately.

Article 436: Public prosecutors shall interrogate defendants, question witnesses, victims, and appraisers, show material evidence, and read documentary evidence, statements from witnesses not testifying in court aloud, concerning the following facts:

(1) the defendant’s identity;

(2) whether the alleged criminal facts exists, whether it was the defendant who committed the crime.

(3) the time, location, method, means, and results of the crime and the defendant’s behavior after committing a crime;

(4) the status and responsibility of those party to criminal gangs or other joint crimes

(5) whether the defendant has criminal responsibility, whether it’s intentional or negligent, motive and purpose;

(6) whether circumstances exist showing that the defendant should not be subject to criminal liability, whether he or she is entitled to lighter or mitigated punishments or even exemption from punishment,

(7) main characteristics of the crime, tools used in the crime, the source, quantity and whereabouts of money related to the crime;

(8) if the defendant wholly or partially objects to criminal facts charged in the indictment, whether the reasoning and basis of such denial can stand;

(9) other facts concerning conviction and sentencing.

Articles 437: During court proceedings, the following facts do not require evidence to prove they are true:

(1) common knowledge known by the general public;

(2) facts determined by the judgment or rulings in effect and that have not been retried following trial supervision procedures;

(3) laws, regulations, and facts that should be known by judges in the course of carrying out their duties;

(4) undisputed procedural facts of court proceedings;

(5) factual presumptions under law

(6) Laws of rules of nature

Article 438: While interrogating defendants and questioning witness, prosecutors shall avoid any leading or inappropriate questions that may affect the objectivity of statements or testimony.

If a defender employs leading or other inappropriate questions with the defendant or witness that may affect the objectivity of statements or testimony, the public prosecutor may request that the presiding judge stop or not admit the concerned statements or testimony.

Co-defendants in a joint crime shall be interrogated separately.

If the defendant and witness dispute one fact in a way that warrants verification, the public prosecutor may suggest that the court summon relevant defendants and witnesses to attend the court proceedings at the same time to confront each other.

Article 439: When statements made by the defendant in court are consistent with statements made during investigation, examination, and prosecution or parts that are inconsistent do not affect conviction or sentencing, the statements do not need to be read aloud.

When statements made by the defendant in court are inconsistent with statements made during investigation, examination, and prosecution and these inconsistencies are sufficient to affect conviction or sentencing, public prosecution may read out his confession and interrogate the defendant regarding his or her confession or submit other evidence as proof.

Article 440: When the public prosecutor raises any objections to witness testimony that may seriously affect conviction and sentencing, he may request that the court require that the witness testify in court.

When a people’s police officer testifies before court regarding a crime witnessed while on duty, the preceding paragraph shall apply.

When the public prosecutor raises any objection to an expert opinion, he or she may request that the court require the expert to testify in court. If the assessment expert refuses to do so after being notified by the people’s court, the public prosecutor may suggest that the court not adopt his or her expert opinions as a basis for judgment and may request that the court notify the expert again of the requirement to testify in court or request a new assessment.

The public prosecutor may request that the court call a person with expertise to appear before court to offer an opinion on previous expert opinion.

When a party or his/her defender or litigation representative raises any objection to witness testimony or expert opinion, the public prosecutor may, if it finds that it is necessary, request that the court require the witness and assessment expert to testify before court.

Article 441: People’s Courts shall notify and arrange for witnesses to testify before court.

The public prosecutor shall read out statements from witnesses who are not in court after being notified by the People’s Court or refusing to testify after appearing before the court.

When there is doubt concerning the testimony of a witness who refuses to appear before the court after being called before the People’s Court and if it is possible to force the witness to come court, the public prosecutor shall suggest that the People’s Court do so in order that the person may be confronted.

Article 442: When witnesses testify before the court, the public prosecutor shall question the witnesses in a manner determined by the presiding judge. The public prosecutor may request that the witness state the facts he knows relating to the case and/or question the witness directly.

If the witness can’t make statements properly, the public prosecutor may ask questions directly.

Questions for the witness shall concentrate on the missing, conflicting, ambiguous, and disputed sections of his or her testimony, especially focusing on facts that are closely related to conviction and sentencing.

Questioning shall be conducted as one answer for each question and shall be concise and clear.

f witnesses make false statements, facts shall be clarified through questioning. When it is necessary to adduce witness statements made during investigation, examination, and prosecution or other evidence, these materials shall be shown or read aloud.

After the parties, defender, or litigation representatives have questioned a witness, the public prosecutor may question the witnesses again with respect to their prior answers after getting approval from the presiding judge.

To question experts or persons with expertise, directives from the preceding paragraph shall apply.

Article 443 When necessary, the public prosecutor may suggest that the court take protective measures for a witness, expert, and or victim that testifies in court so as to not expose his or her appearance, voice, etc. when he or she takes the stand, or allow him or her to verify evidence outside of court in accordance with Article 152 of the Criminal Procedural Law.

Article 444: The public prosecutor shall, in court, read aloud transcripts of expert opinion, examination, identification, and investigative reenactment, other documents used as evidence, and statements from victims not testifying in court after notifying the court.

Article 445: When producing material evidence in court, the public prosecutor shall provide general explanations on content to be proven, how it was obtained, and ask parties and witnesses about the main characteristics of documentary evidence for identification.

When reading out documentary evidence, the public prosecutor shall provide general explanations on the contents to be proven, how it was obtained, and ask parties and witnesses about the main characteristics of this documentary evidence for identification. If assessment has been conducted, the assessment opinion shall be read aloud.

Article 446: During court proceedings, if the defendant or his/her defender argues that confessions made by the defendant before the trial was obtained illegally and a judge/judges believes that it is necessary to conduct an investigation in court, the public prosecutor may try to prove that evidence was obtained legally through the investigation transcripts, custody records, health examination records from suspect when he or she entered and exited jail, interview records with jail officers, form explaining the legality of the interrogation process, etc. To prove that a defendant was interrogated legally, the public prosecutor may request that the court to play audio/video interrogation recordings and, when necessary, may request that the court notify criminal investigation personnel or other persons for an explanation in court.

Where a judge believes that there may be any illegal obtainment of evidence as described in Article 54 of the Criminal Procedural Law which warrants an investigation in court, the public prosecutor may prove the legality of obtainment of evidence following the preceding paragraph.

When the public prosecutor cannot prove that evidence was obtained legally in court and needs to carry out an investigation for verification, he or she may suggest that the court to grant an adjournment or postponement.

During court proceedings, the People’s Procuratorate may request that the investigation organs provide explanations or submit relevant evidentiary materials; it may itself conduct an investigation to verify that evidence was obtained legally when necessary.

Article 447: If, after the public prosecutor has proved that evidence was obtained legally, the court still has any doubts, he may request that the court adjourn to investigate relevant evidence. If the court requests that the People’s Procuratorate send its procurator to be present at the investigation, the People’s Procuratorate may send officials.

Article 448: During court proceedings, if there are disputes over procedural facts other than the legality of obtained evidence, the public prosecutor shall produce or read out relevant litigation documents, investigation, or examination and prosecution transcripts.

Article 449: If there are disputes concerning transcripts made during the investigation related to searching, sealing, impoundment, or freezing money, crime scene investigation, examination, or identification, and investigative experiments that warrant having responsible investigators and eyewitnesses from the investigation that conducted the aforementioned processes testify before the court, the public prosecutor may suggest, through a collegial panel, that they testify.

Article 450: During court proceedings, if a collegial panel doubts the evidence or a People’s Court asks the People’s Procuratorate to submit evidence gathered during the criminal investigation or examination and prosecution regarding a criminal suspect or defendant’s innocence or the pettiness of his/her crime, the People’s Procuratorate shall submit materials within three day of the date on which it receives the People Court’s request. If it does not have the aforementioned materials, it shall provide explanations to the People’s Court.

Article 451: If a collegial panel doubts evidence presented during court proceedings and conducts a crime scene investigation, examination, seizure, impoundment, assessment, inquiry, or freeze after court adjournment, the People’s Procuratorate shall supervise in accordance with the law and provide recommendations for correction once illegalities in any of aforementioned activities are found.

Article 452: Evidence collected and obtained by the People’s Court due to a request or evidence obtained by a collegial panel through its own investigation after adjournment shall be adduced in court and can only be assessed on its utility as a basis for judgment. If evidence used as a basis of judgment has not been adduced or examined, the People’s Procuratorate shall make corrective recommendations. If the judgment has consistent mistakes, the People’s Procuratorate shall make appropriate protests.

Article 453: During a trial, the public prosecutor may, with the presiding judge’s permission, express his or her opinion on evidence and the case under examination and argue with the defender. After the evidence is examined, the public prosecutor shall make a conclusive statement.

During court debates, if the public prosecutor’s opinion differs from that of the victim or litigation representative, he shall listen to the victim and litigation representative’s opinions carefully and state his opinion reasonably.

Article 454: Suggestions from the People’s Procuratorate for sentencing presented to the People’s Court shall be made when the public prosecutor provides a public prosecution opinion.

Article 455: If court proceedings encounter any of the following situations, the public prosecutor may suggest that the court postpone the trial:

(1) it is found that the facts are not clear, evidence is insufficient, there is an omitted crime or omitted criminal suspects in a same case, and supplementary investigation or evidence is needed;

2) the defendant exposes other people’s criminal behavior or provides important information which needs to be verified through investigation;

(3) omitted crimes or omitted co-suspects for a same crime are found and, although supplemented investigation or evidence, is not needed, it is still necessary to supplement, add, or change the charges;

(4) it is necessary to request that a People’s Court request that witnesses, appraisers, or persons with expertise testify and provide opinions in court;

(5) it is necessary to request that new evidence be submitted, or conduct a new forensic identification/evaluation or crime scene investigation;

(6) where the public prosecutor adduces or reads aloud evidence other than the that transferred to People’s Court before trial or supplements/change charges and it is necessary to give the defendant and his defender time to prepare a defense;

(7) where the defendant or his defender adduces evidence related to sentencing that is not known to the public prosecutor to the court and that requires verification; and

(8) in order to verify that evidence was obtained legally, the public prosecutor needs to conduct an investigation;

If one of the aforementioned situations are found before the beginning of trial, the People’s Procuratorate may suggest that the People’s Court postpone.

Article 456: After the court announces a postponement, the People’s Procuratorate shall request that the People’s Court resume court proceedings or withdraw prosecution during supplementary investigation.

The public prosecutor’s suggestion for postponement during court proceedings shall only be made twice and each such postponement shall not exceed one month.

Article 457: When supplementary evidence for trial or a supplementary investigation is necessary during the trial, the People’s Procuratorate shall itself gather evidence and conduct an investigation; it may ask investigation organs to coordinate when necessary and may ask them in writing to also provide supplementary evidence.

People’s Procuratorates that conduct supplementary investigations shall use rules from Chapter Six, Nine and Ten of this Regulation. The People’s Procuratorate shall complete the supplementary investigation within one month.

Article 458: Before the court pronounces judgment, if the People’s Procuratorate discovers that the true identity of the defendant or facts of crime is different from that described in the indictment or, even if there is no change in facts or evidence, the criminal offence or applicable law is different from that stated in the indictment, the prosecution may be changed; if the Procuratorate discovers that omitted co-suspects of the same or different crimes may be prosecuted and tried together, supplemental prosecution may be conducted.

Article 459: If the People’s Procuratorate finds that the following situations exist before the People’s Court pronounces a judgment it may withdraw the prosecution:

(1) criminal facts do not exist;

(2) the defendant did not commit the crime;

(3) the circumstances of alleged conduct are obviously minor and do not cause serious harm and, therefore, is not deemed a crime;

(4) evidence is insufficient or evidence has changed and it no longer meets conditions for prosecution;

(5) the criminal suspect has not reached the age of criminal liability and is exempt from criminal liability;

(6) Law or judicial interpretation has changed in such a way that a criminal suspect or defendant is no longer subject to criminal liability; and

(7) other factors by which a criminal suspect or defendant shall not be subject to criminal liability

When a case is withdrawn, the People’s Procuratorate shall decide not to initiate a public prosecution within 30 days of the date on which it withdraws the case. If another investigation is needed, it shall return case materials with written explanations to the Public Security organ after deciding against a public prosecution with the suggestion that the Public Security organ investigate again.

Without new facts or evidence, the People’s Procuratorate must not prosecute withdrawn cases again.

New facts refer to any criminal facts not adopted in the original indictment. The offence for these criminal facts may be that used in the original charge or a different criminal offence.

New evidence refers to evidence collected and investigated after prosecution is withdrawn that is sufficient to prove the criminal facts identified in the original indictment.

Article 460: During trial proceedings, if a People’s Court suggests that the People’s Procuratorate conduct supplementary investigations, begin another prosecution, or change the indictment, the People’s Procuratorate shall review the relevant reasoning and determine whether it is necessary to conduct a supplementary investigation, initiate an additional prosecution, or change the indictment. If the People’s Procuratorate does not agree, it may request that the People’s Court make a judgment on the criminal facts charged in the indictment.

Article 461: Conducting supplementary investigations, initiating an additional prosecution, changing the indictment, or withdrawing the prosecution shall be reported to the chief prosecutor or prosecutorial committee for a decision. A notice thereof shall also be given in writing to the People’s Court before it makes a judgment.

Article 462: Clerk attending court proceedings shall take notes and record in detail the time, location, trial participants, public prosecutor’s performance in court, primary content of court investigation and court debates, and court’s ruling. The notes shall be signed by the public prosecutor and clerk.

Article 463: People’s Procuratorates shall hand case files and withdrawn evidence to the People’s Court. After the presiding judge announces a court adjournment, the public prosecutor and judges shall go through delivery formalities. The delivery process shall begin within three days of court adjournment if it cannot be completed in court.

Article 464: People’s Procuratorates shall dispose of a defendant’s sealed, seized, or frozen property as well as any additional assets thereof according to the following criteria:

(1) Physical property used as evidence shall be transferred along with a case, and, if transfer is not appropriate, a list, photos, and other certification documents concerning the property shall be transferred with the case.

(2) To freeze illegally obtained or case-related property from a financial institution, it shall transfer certification materials issued by this financial institution with the case to the People’s Court. After a judgment or ruling from a People’s Court comes into effect, the Court shall mandate that the financial institution turn over the illegally obtained property to the state treasury.

(3) For sealed or seized property that is not suitable for transfer in accordance with the law, a list, photos, and other certification documents for the property shall be transferred with the case. After a judgment or ruling from the People’s Court comes into effect, the People’s Procuratorate shall return the illegally obtained property to the state treasury as dictated by notices from the People’s Court’s and deliver the receipt thereof to the People’s Court.

(4) For sealed or seized bonds, stocks, fund shares, and other property, Article 244 of this Regulation applies if the rights holder requests that the property be sold.

Section 2: Simplified Procedures

Article 465: The People’s Procuratorate may suggest that the People’s Court applies summary procedures to cases in the jurisdiction of basic People’s Courts if these cases meet the following conditions:

(1) the case facts are clear and evidence is sufficient;

(2) the criminal suspect confesses his or her crime and does not object to the charges; and

(3) the defendant does not object to summary procedures.

If the official handling the case finds that summary procedures might be appropriate, he or she shall mention such an opinion in the examination and approval reports after procedures for public prosecution have been approved.

Article 466: The People’s Procuratorate shall not suggest that a People’s Court apply summary procedures for the cases in the following circumstances:

(1) Where a criminal suspect or defendant has impaired vision, hearing, or speech or is a mental patient who has not completely lost the ability to recognize or control his or her behavior;

(2) the case has a significant social impact;

(3) in a joint crime, some defendants plead not guilty or object to summary procedures;

(4) a complicated joint crime case;

(5) where the defender claims innocence or objects to pricipal facts of the crime.

(6) the application of summary procedures is otherwise inappropriate.

For a case in which the People’s Court decides to apply summary procedures, if the People’s Procuratorate believes that the case falls under any of the situations listed in Article 209 of the Criminal Procedural Law, it shall recommend corrections to the People’s Court; for cases in which the application of summary procedures is otherwise inappropriate, the People’s Procuratorate may suggest that the People’s Court not use summary procedures.

Article 467: If a basic People’s Procuratorate, during examination, finds that the facts of a case are clear and the evidence is sufficient, it shall gather information pertaining to whether the suspect admits to his or her crime and whether he or she objects to the facts of crimes for which he/she is charged, inform him or her of laws regarding summary procedures, and confirm whether he or she agrees to using summary procedures during interrogations.

Article 468: The People’s Procuratorate shall send its procurator to assist with public prosecution cases that use summary procedures.

People’s Procuratorates may begin public prosecutions for cases using summary procedures and suggest the People’s Court to try these cases comparatively.

Article 469: The public prosecutor, when attending a court proceeding using summary procedures, shall focus on sentencing and other disputed issues while conducting court investigation and debates. After confirming that the defendant does not have any objection to facts of the crime charged in the indictment, the procurator may shorten the indictment when reading it aloud and decide, according to the circumstances of the case, whether to question witnesses or appraisers and/or adduce evidence.

The public prosecutor may suggest that the court to shorten court investigations and debate procedures according to circumstances of the case.

Article 470: If the public prosecutor finds that public prosecution cases using summary procedures are not suitable for summary procedures, he or she shall suggest that the court conducts a retrial using the procedures for a trial of first instance.

Article 471: If the public prosecutor needs to prepare to attend a trial for cases that are altered to employ ordinary procedures, he or she may suggest that the People’s Court postpone the trial.

Section 3: Appearing in the Court of Second Instance Trial

Article 472: For protested or public prosecution cases being tried by a middle-level People’s Court, the same level People’s Procuratorate shall send its procurator to attend the second instance court proceeding.

Article 473: The duties of prosecutors attending the second instance court proceedings are:

(1) to support protests, hear appeal opinions, and recommend corrections to the court issuing the wrong judgment or ruling;

(2) to safeguard correct judgments or rulings made by the People’s Court that originally tried the case and to suggest that the People’s Court affirm the original judgment;

(3) to safeguard the lawful rights of litigation participants;

(4) to keep notes regarding any violations of litigation procedure, as regulated by law, during court proceedings;

(5) other litigation activities in accordance with the law.

Article 474: For a protest or appellate case, a corresponding People’s Procuratorate to the second instance People’s Court may obtain materials related to the case from the inferior People’s Procuratorate.

The People’s Procuratorate, after receiving notice of court session or that case files can be consulted from the second instance People’s Court, may consult or access case materials. Consulting and accessing case materials shall be conducted within one month of the date on which notice is received from the People’s Court. If it cannot finish within one month, the People’s Procuratorate may consult with the People’s Court to postpone the trial.

Article 475: The procurator shall objectively and comprehensively examine case file materials from the original trial, including materials outside the scope of the appeal or protest. He or she shall examine whether the original judgment and application of law in the case was correct, whether there was clear, hear, and sufficient evidence, whether the sentencing was appropriate, and whether trial activities were legal. He or she shall also examine written appeals from inferior People’s Procuratorates or appellants so as to ascertain whether the reasons for protest or appeal were correct and sufficient. He shall concentrate on disputed case facts and evidence regarding the application of law to prepare for the trial in a focused manner.

Article 476: When examining first instance case files, the procurator shall examine important evidence, question defendants from the original trial, and collect additional evidence or re-identify/re-evaluate existing evidence if necessary. If it is found that it is necessary to collect supplementary evidence, it may request that the original investigation organ do so. If the defendant or his/her defender brings forth materials and information which may affect sentencing, i.e. as defendant surrenders him- or herself or renders meritorious service, the People’s Procuratorate may ask investigation organs for examination and verification or itself conduct examination and verification. If it is found that there are omitted crimes or criminal suspects, it shall be suggested that investigation organs conduct an investigation.

The following defendants from the original trial shall be interrogated:

(1) defendants appealing from the original trial;

(2) appeals from the People’s Procuratorate; or

(3) those sentenced to life imprisonment or more.

Article 477: Protests or appeals concerning the death penalty from a People’s Procuratorate require the following:

(1) interrogating the defendant from the original trial, listening to defendants from the original trial as to reasons for appeal and arguments;

(2) listening to the defender’s opinion when necessary;

(3) re-examining important pieces of evidence and questioning witnesses when necessary;

(4) collecting additional evidence when necessary;

(5) conducting new expert evaluations or additional evaluations if there are doubts concerning existing assessment opinions; and

(6) listening to victim opinions according to circumstances of the case.

Article 478 : The procurator that attends the second instance court proceedings shall make a plan for interrogating the defendant, questioning the victim, witness, and/or appraiser, adducing, reading out, and playing evidence, and drafting pleas as well as requests for appearance.

Article 479: During a trial, the procurator shall interrogate defendants, question the victim, witness, or appraiser, adduce and read out evidence, and provide opinions and conduct debates concerning the reasons for protest or appeal and statements from the defender, focusing on facts, the application of law, and sentencing issues from the original judgment or ruling.

Article 480: When it’s necessary to adduce, read aloud, or play evidence transferred to the People’s Court during a first instance trial, the attending procurator may request that the court adduce, read aloud, and play said evidence.

Transferring evidentiary materials for second instance trial proceedings shall be conducted in accordance with Article 463 of this Regulation.

Section 4: Appearing in Retrial Proceedings

Article 481: When a People’s Court conducts a retrial, the People’s Procuratorate of the same level shall send its procurator to attend court proceedings.

Article 482: For retrial cases using trial supervision procedures, the People’s Procuratorate shall conduct a comprehensive examination of the facts and evidence and application of law from the original judgment and ruling, focusing on disputed facts, evidence, and applicable issues of law.

Article 483: People’s Procuratorates sending a procurator to attend retrial proceedings shall follow relevant provisions of Section One of this Chapter if the retrial is conducted using procedures from the first instant trial; if retrial is conducted using procedures of a second instance case, relevant provisions of Section Three from this Chapter apply.

 

Chapter XIII: Special Procedures

Section 1: Procedures for Juvenile Criminal Cases

Article 484: The people's procuratorate shall assign a procurator familiar with the physical and psychological characteristics of juveniles to handle a juvenile criminal case.

Article 485: After the people's procuratorate accepts a case, it should learn from the juvenile criminal suspect or their legally-designated representative whether they have retained a defender and inform them of their right to do so.

If the juvenile criminal suspect has not retained a defender, the People's Procuratorate should notify, in writing, a legal aid organization to assign a lawyer to provide defense.

Article 486: People's procuratorate may investigate the circumstances such as the juvenile criminal suspect's upbringing, the cause of the crime, and their guardianship and educational circumstances, and produce a social investigation report to be used as a reference when handling a case and for education.

the people's procuratorate may retain relevant organizations and institution to conduct a social investigation report.

The people's procuratorate shall review social investigation reports sent by the public security organs. When necessary, it may perform a supplementary investigation.

Social investigation reports produced by the people's procuratorate should be sent to the people's court along with the case file.

Article 487: In juvenile criminal cases where the people's procuratorate is conducting a review for arrest, it shall comprehensively measure the juvenile's dangerousness to society based on his facts of the crime he is alleged to have commit, his subjective malice, and whether or not there is capacity for guardianship and social mentoring; to strictly limit the use of arrest measures.

Article 488: Juvenile criminal suspects whose criminal actions were relatively insignificant, who are eligible for guardianship or social rehabilitative measures, who present no or a relatively small risk to society, and for whom not conducting an arrest would not negatively impact to normal ligation procedures, should not be approved for arrest.

Juvenile criminal suspects whose criminal actions were relatively severe, but whose attitude is not egregious, that show remorse, who are eligible for guardianship or social rehabilitative measures, that fall under one of the following conditions, and for whom not conducting an arrest would not negatively impact normal litigation process, may or may not have arrests approved:

(1) First time offense, offense through negligence

(2) Crimes that were stopped while being planned and were not completed;

(3)Those who turn themselves in or have a good attitude

(4) Give an accurate accounting of the crime, are earnestly remorseful, readily give up illegal gains, do their best to reduce and compensate for damages, and are forgiven by the victim.

(5) Those who were not the principal actor in the crime or did not lead a group crime.

(6) Juveniles who are between 14 and 16 years of age or who are students;

(7) Other situations where arrest may be unnaproved.

Article 489: In examining the arrest of a juvenile criminal suspect, one should clearly determine whether or not he or she has reached 14, 16, or 18 years of age.

If the criminal suspect's age is difficult to determine and it would influence whether the criminal suspect has criminal responsibility, arrest should not be approved. When additional investigation is required, the public security organs should be simultaneously informed.

Article 490: When examining an arrest or a suit, the People’s Procuratorate should interrogate the juvenile criminal suspect, hear opinions from the defender, and produce written attachments for the case file.

When interrogating juvenile criminal suspects, their legally-designated representative should be asked to attend and they shall be informed of their legal rights and obligations. When it isn't possible to notify a legally-designated representative or when the legally-designated representative cannot attend or is a party to the crime, other family members, school members, or people from an appropriate workplace or residency's village committee, residential committee, or juvenile protection organization may be asked to come as representatives. This situation shall be recorded in the case files. Present legally-designated representatives may invoke litigation rights for the juvenile criminal suspect; when doing so, they cannot infringe on the juvenile criminal suspect's legal rights.

If the attending legally-designated representative or other persons think that officials handling the case have infringed upon the juvenile criminal suspect’s legal rights in the course of the interrogation, they may put forth their opinion. The written interrogation record should be given to the attending legally-designated representative or other persons to be read, or it shall be read aloud to them, and they should then sign their names or affix their seal or fingerprint to confirm.

When interrogating a female juvenile criminal suspect, a female official from the Procuratorate should take part.

When questioning juvenile victims or witnesses, provisions of the second and fourth paragraphs apply.

Article 491: In general, restraints are not to be used when interrogating juvenile criminal suspects. When it is certain that there is a risk of personal harm and restraints must be used, use should be discontinued as soon as real danger ends.

Article 492: In juvenile criminal cases meeting the requirements provided by the first paragraph of Criminal Procedural Law aritcle 271, the People’s Procuratorate may make a conditional non-prosecution decision.

Before the people’s procuratorate makes a conditional non-prosecution decision, it shall hear opinions from public security organs, victim(s), juvenile criminal suspect's legally-designated representatives, and their defender and produce a written attachment to the case file.

Article 493: After the people’s procuratorate has made a conditional non-prosecution decision, it should produce a written decision and, within three days, send it to public security organs, the victim(s) or their close relatives or agent ad litem, and to the juvenile criminal suspect and his or her legally-designated representative and defender.

The people’s procuratorate shall announce the conditional non-prosecution decision to the juvenile criminal suspect and his or her legally-designated representative in person and inform them of the length of the probationary period and what rules which should be adhered to during this period, as well as the legal responsibilities for violating these rules. The people’s procuratorate shall produce a record of this to attach to the case file.

Article 494: When the public security authority requests that a conditional non-prosecution decision be reconsidered or reviewed, or if it is appealed by the victim, it is to be handled in accordance with specific procedures in Articles 415 to 420.

The public prosecution department or prosecutorial working organs involved in the juvenile criminal suspect's case shall take responsibility for the aforementioned reconsideration, review, or appeal.

If the juvenile criminal suspect or his/her legally-designated representative has dissenting opinions regarding the people’s procuratorate's conditional decision against prosecution, the people’s procuratorate should decide to bring suit.

Article 495: When the people’s procuratorate makes a decision to conditionally not prosecute, they shall determine a probationary period. The probationary period should be between 6 months and one year, starting from the date the decision is made.

Article 496: During the probationary period, the people’s procuratorate will conduct oversight over and inspection of the juvenile criminal suspect. Those juvenile criminal suspect's guardians shall increase discipline and cooperate with the people’s procuratorate to perform needed oversight.

People's procuratorates may, in conjunction with the juvenile suspects' guardians or relevant persons from the juvenile's school, work-unit, local villagers committee, residents committee, child protection organizations and other relevant organization, periodically visit the juvenile suspect to carry out inspections , education and follow-up mentorship.

Article 497: This juvenile criminal suspect shall adhere to the following provisions:

(1) shall obey laws and regulations and submit to oversight;

(2) will report their activities in accordance with regulations of the examining authority;

(3 )When they leave their city or county of residence or change residences, they shall report to the examining authority for approval;

(4) Accept correction and education according to the demands of the observation organ.

Article 498: The people’s procuratorate may demand that juvenile criminal suspects under conditional non-prosecution accept the following corrections and education:

(1) Complete addiction treatment, psychological counseling, or other appropriate treatment measures.

(2) Provide labor in the public interest for a community or public interest group;

(3) Must not enter particular area, communicate or meet with a particular person, or engage in particular activities.

(4) Compensate the victim’s for damages, offer formal apologies, etc.

(5) Accept relevant education;

(6) Obey other restrictive provisions necessary to protect the victim and prevent repeat crimes.

Article 499: Upon completing the probationary period, personnel handling the case should evaluate the conditional non-prosecution and produce an opinion on whether it is appropriate to prosecute. After review from the department's director, the opinion will be sent to the head procurator for approval.

Article 500: Should any of the following scenarios occur during the probationary period, the people’s procuratorate should revoke the conditional non-prosecution decision and bring suit:

(1) committed a new crime;

(2) It is discovered that, before the condition non-prosecution decision, there were other crimes that must be pursued for criminal responsibility;

(3) violated public order or administrative regulations causing serious consequences, or they violate public order or administrative regulations multiple times;

(4) violated the supervising organs oversight and regulation provisions regarding their conditional non-prosecution, causing serious consequences, or repeatedly violated the supervising organs oversight and regulation provisions regarding their conditional non-prosecution

Article 501: When the probationary period is completed, and none of the scenarios in Article 500 of this regulation have occurred, the people’s procuratorate shall decide not to prosecute.

Article 502: While handling juvenile criminal cases, the People’s Procuratorate shall keep information on the involved juvenile confidential, and cannot make public or broadcast the name, household, photos, and videos of the juvenile or other information that could be used to deduce the juvenile's identity.

Article 503: If the individual was under 18 at the time of the crime, and receives less than five years of jail time, the People’s Procuratorate shall , after receiving an effective decision from the court, seal his or her criminal record.

Article 504: The People’s Procuratorate should bind together the juvenile's sealed criminal record, case file, and other relevant materials to be stored confidentially. It may not be made public. The People’s Procuratorate should also establish a special location to store juvenile case file and create a strict system for confidentiality.

Article 505: The People’s Procuratorate may not provide sealed criminal records or proof of a juvenile's criminal record to any organization or individual except when required by judicial organs for the sake of handling cases or organizations performing inquiries in accordance with national regulations.

Judicial organs or relevant organizations that need a criminal record should provide a written application to the People’s Procuratorate that sealed the criminal record. The People’s Procuratorate should decide whether to allow the inquiry within seven days.

Article 506: As regards sealed juvenile criminal records, if it is discovered that their crime has been divulged and that the records reveal that the juvenile was sentenced to five or more years in prison for multiple, the records shall be unarchived.

Article 507: After the People’s Procuratorate has decided not to prosecute a juvenile criminal suspect, it should seal the relevant records. See Articles 504 to 506 of this Regulation for specific procedures.

508: The term 'juvenile criminal case' used in this section refers to criminal suspects who were already 14 but had not year reached 18 years of age at the time of the suspected criminal behavior.

The term 'juvenile criminal suspect' used in Articles 485, 490, and 491 of this section refers to those who have not yet reached 18 years of age during the litigation process. For criminal defendants who were not yet 18 years of age at the time they committed the crime, but who are already 18 during the litigation process, the People’s Procuratorate may employ the above regulations according to the specific circumstances of the case.

Article 509: When handling juvenile criminal cases one should adhere to the criminal procedural law and other relevant regulations in addition to rules from this section.

Section 2: Procedures for Public Prosecutions Where the Parties Have Reached Settlement

Article 510: In the following types of public prosecution, the two parties may reconcile:

(1) Criminal cases beginning as a civil dispute wherein the crime falls under sections four and five of the Criminal Law’s supplementary regulations and potential sentences are under three years.

(2) Cases involving crimes of negligence where the potential sentence is under seven years, except in cases of dereliction of duty.

The above types of criminal cases should at the same time meet the following requirements:

(1)The criminal suspect is sincerely remorseful for his or her crimes and has apologized to the victim and provided compensation for losses;

(2) The victim clearly expresses forgiveness towards the criminal suspect.

(3) The litigants on both sides are willing to reconcile and meet the appropriate legal requirements.

(4) It is either an intentional crime infringing upon a particular victim or a crime of negligence with direct victims.

(5) The facts of the case are clear and the evidence is reliable and sufficient.

If the criminal suspect has committed another intentional crime within the past five years, the procedures specified in this section's regulations do not apply.

If the criminal suspect has committed an intentional crime within a five year period prior to committing one of the crimes specified under Article 277 Paragraph 1of the Criminal Procedural Law, regardless of whether that intentional crime has already been investigated, the crime should be considered crime occurring in accordance with the previous paragraph.

Article 511: If the victim has died, their legally-designated representative or close relatives may reconcile with the criminal suspect.

If the victim is incompetent or of limited competence, their legally-designated representative may represent them in reconciliation.

Article 512: If the criminal suspect is of limited competence, their legally-designated representative may represent them in reconciliation.

With permission, legally-designated representatives or close relatives of the detained criminal suspect may represent them in reconciliation.

Article 513: The litigants on both sides may reconcile on matters regarding compensation for damages, apologies, and other civil responsibilities. Moreover, they may negotiate as to whether the victim and their legally-designated representative or family will request that or agree that public security organs, the People’s Procuratorate, or People’s Court treat the case with leniency as allowed within the scope of law. However, they may not negotiate regarding the facts of the case, accepted evidence, use of law, sentencing, or other issues which, according to the law, are within the professional purview of public security organs, the People’s Procuratorate, and People’s Court.

Article 514: Litigants on both sides may reach reconciliation on their own. They may also reach reconciliation through arbitration by People's Arbitration Committees, village committees, residential committees, their workplace, or colleagues, friends and other such groups.

In prosecutions that fall under Article 510 of this Regulation, the People’s Procuratorate may recommend that litigants reach a reconciliation, inform them of their corresponding rights and obligations, and provide necessary legal consultation.

Article 515: The People’s Procuratorate should examine the willingness and legality of any reconciliation, specifically focusing on the following content:

1. Whether both sides were willing to reconcile.

2. Whether the criminal suspect is earnestly remorseful for his or her crime; whether he or she has already apologized to the victim; and whether the amount of economic compensation is consummate with damages caused and one's ability to compensate.

3. Whether the victim and his or her legally-designated representative or close family members have clearly expressed forgiveness on behalf of the criminal suspect.

4. Whether it follows legal regulations.

5. Whether it would harm national, collective, or social interests or the legal rights of others.

6. Whether or not it agrees with social morality.

During review, the People’s Procuratorate should solicit opinions from the litigants on both sides as well as other relevant persons, inform them of potential legal consequences of leniency and rights and obligations for both sides' rights, and produce a written attachment to case files.

Article 516: If an examination finds that two sides were willing to reconcile, that the content was legal, and that it meets the scope and conditions of Article 510 of this Regulation, the People’s Procuratorate should preside over the production of a reconciliation agreement.

The reconciliation agreement should primarily include the following content:

(1) The basic situation of both parties.;

(2) The primary facts of the case.

(3) The criminal suspect's honest remorse for his or her crime, admitting of his or her criminal behavior, absence of disparate views regarding the crime of which they were accused, and compensation for the victim with apologies. When recording compensation for damages, the amount, manner in which it will be provided, and duration should be clearly recorded.

(4) If the victim and his legally-designated representative or close relatives forgive the criminal suspect and request or agree to a public security organ, the People’s Procuratorate, or People’s Court treating the criminal suspect leniently in accordance with the law.

The reconciliation agreement should be signed by both sides. It may be written that the People’s Procuratorate presided over the production of the reconciliation agreement. The procurator does not sign the agreement or affix the seal of the Procuratorate.

The reconciliation agreement is to be produce in three copies, one for litigants from each side and another for the People’s Procuratorate as an attachment to the case file for future reference.

Article 517: Provisions of the reconciliation agreement regarding compensation for damages should be immediately enacted after the agreement has been signed by both parties. At the latest, it will occur before the People’s Procuratorate decides on lenient treatment. In cases where it would truly be difficult to complete compensation in one payment, if the victim agrees and an effective guarantee is provided for, compensation may be given in installments.

Article 518: If litigants on both sides have created a reconciliation agreement during the investigation and the public security organ recommends that the prosecutor give lenient treatment, the People’s Procuratorate should thoroughly consider the public security organ's recommendation in its case review of the arrest.

Article 519: When the public security organ requests that the People’s Procuratorate approve an arrest for a case in which litigants from each side have already reconciled, the reconciliation may be used as a factor for considering whether a risk to society, and the extent thereof, exists. If a review finds that an arrest is not necessary, a decision may be made to disapprove arrest. During prosecution compulsory measures may also be altered in accordance with the law.

Article 520: When the public security organ sends the People’s Procuratorate a case for prosecution in which litigants on both sides have reached a reconciliation agreement, the reconciliation may be used as a factor for considering whether criminal punishment is necessary. For cases meeting legal conditions for not prosecuting, a decision may be made not to prosecute.

In cases that should be prosecuted for legal reasons, the People’s Procuratorate may recommend lenient sentencing to the People’s Court.

Article 521: The People’s Procuratorate, when assessing whether to prosecute a case in which the litigants have reached a reconciliation, should obtain opinions from both reconciled parties and determine whether the criminal suspect has truly carried out terms of the reconciliation agreement or, if they are not able to enact it in a timely manner, whether they have already provided an effective guarantee that they will carry out its terms. This determination may be use when considering whether to prosecute.

If, before to determining against litigation, the litigants regret their agreement, they may attempt additional reconciliation. If they cannot be reconciled otherwise, the People’s Procuratorate should determine whether to prosecute on the basis of the law.

If, after determining not to litigate, the litigants regret their agreement, but the People’s Procuratorate will not revoke its previous decision, excepting evidence that shows the reconciliation were not voluntary or legal, the decision will stand.

Article 522: If the criminal suspect, their family, or friends use violence, threats, extortion, or other illegal methods to force or induce a victim to reconcile or threaten or seek revenge on the victim after the agreement has been completed, the reconciliation agreement should be considered invalid. When decisions have already been made against arrest or prosecution, the People’s Procuratorate may, according to the particulars of each case, revoke their original decision and approve an arrest or suit against the criminal suspect.

Procedures for Confiscation of unlawful Gains where the criminal suspect of defendant has disappeared or died

Article 523: As regards corruption, bribe-taking, terrorist activities, and other serious criminal cases where the criminal suspect or accused has fled, if he or she is at large for over a year but still has not made an appearance in court, their illegal gains and other wealth should be recovered according to the law and regulations. The People’s Procuratorate may ask for permission from the People’s Court to confiscate their illegal revenue.

When a criminal suspect or accused party has died and if, according to criminal laws, their illegal gains or other property associated with the case should be recovered, the People’s Procuratorate may ask for permission from the People’s Court to confiscate their illegal revenue.

Any property, and concomitant benefits, obtained by a criminal suspect through illegal activity as well as any illegal materials or materials used in the course of a crime should be considered illegally obtained property or property associated with a case, in accordance with the previous two paragraphs.

Article 524: When the People’s Procuratorate's investigatory organs submit an opinion on confiscating illegally obtained revenue, an application to confiscate illegally obtained revenue and oversight over investigation and judgment during confiscation shall be handled by the department of public prosecutions.

Article 525: An application to confiscate illegally obtained revenue should be made by the People’s Procuratorate of the same level as the Intermediate People's Court with jurisdiction.

Article 526: When the People’s Procuratorate requests permission from the People’s Court to confiscate illegally obtained revenue, it should produce a written application. The written application should contain the following:

(1) Basic information regarding the criminal suspect or accused, including their name, sex, date of birth, birthplace, registered hometown, national ID number, race, degree of education, employment, their work unit and professional responsibilities, living address, etc.

(2) The source and circumstances of the case.

(3) The facts of the criminal suspect or accused’s crime.

(4) The circumstances surrounding the criminal suspect or accused's disappearance and placement on a wanted list or of their death.

(5) The type, amount, and location of any illegally obtained property as well as whether it has been seized, impounded, or frozen.

(6) The names, addresses, contact information, and requests from the criminal suspect or accused's close relatives and other materially interested individuals.

(7) The reason for applying that illegally obtained assets be confiscated and its legal basis.

Article 527: When an opinion concerning confiscation of illegally obtained assets is submitted by a public security organ to the People’s Procuratorate, it should be submitted from a public security organ with jurisdiction at the same level as that of the People’s Procuratorate.

Article 528: While examining an opinion regarding the confiscation of illegally obtained assets, the People’s Procuratorate should determine:

(1) Whether it falls under the jurisdiction of that People’s Procuratorate.

(2) Whether it meets the conditions of Criminal Procedural Law Article 280 Paragraph 1.

(3) The identity of the criminal suspect, including his or her name, sex, nationality, date of birth, employment, and work unit.

(4) The suspected crime of the criminal suspect.

(5) The circumstances surrounding the criminal suspect's disappearance and placement on the wanted list, or of their death.

(6) The type, amount, and location of any illegally obtained property, as well as whether it has been seized, impounded, or frozen.

(7) Whether the facts of a crime and evidentiary materials related to the illegally obtained assets have been sent with the case. Whether lists, copies, photos, and other documentary evidence for materials unsuitable for transfer were sent with the case.

(8) Whether the evidence is reliable and sufficient.

(9) The circumstances of individuals with a material interest.

Article 529: The People’s Procuratorate should make a decision on whether to confiscate illegally obtained assets within thirty days of receiving an opinion on the confiscation of illegal assets from the public security organ. If a decision cannot be made within thirty days, with the approval of the head prosecutor, a 15 day extension may be made.

If, after review, it is found that a request to confiscate illegally obtained assets sent by a public security organ does not meet conditions of Criminal Procedural Law Article 280 Paragraph 1, a decision should be made not to apply to request permission for confiscating illegally obtained assets with an explanation of reasons to be sent to the originating public security organ. When it is felt that evidence must be supplemented, a written request should be made to the public security organ to do so and, when necessary, the People’s Procuratorate may itself engage in the investigation.

Time taken by the public security organ to supplement evidence is not calculated into time limits for the people’s procuratorate to handle the case.

Article 530: When the People’s Procuratorate discovers that the public security organ should have begun the process for confiscating illegally obtained assets but has not done so, it may request that the public security organ given a written explanation of its reasons for not doing so within seven days.

If after review it is found that the public security organ’s reason for not initiating is not sustained, the public security organ shall be informed to initiate the procedures.

Article 531: When the People’s Procuratorate discovers that investigations into the process for confiscating illegally obtained assets are themselves illegal, it should submit opinions as to how the situation should be redressed to the public security organ.

Article 532: When, in the process for reviewing an opinion to confiscate illegally obtained assets sent by a public security organ, the criminal suspect or accused in hiding turns themselves in or is arrested, the People’s Procuratorate should stop their review and return the case file to the public security organ for processing.

Article 533: In cases directly accepted for investigation by the People’s Procuratorate wherein the criminal suspect has disappeared or died, thereby canceling the case, if conditions of Criminal Procedural Law Article 280 Paragraph 1 are met, the department of investigations should start an investigation concerning the procedure for confiscating illegally obtained assets.

When performing its investigation, the department of investigation should determine the facts of the criminal suspect's purported crime, circumstances surrounding the criminal suspect's disappearance and placement on the wanted list or of their death, and the status of any illegally obtained assets or other property involved in the case. It may also seize, impound, or freeze any illegally obtained assets or other property involved in the case in accordance with the law.

When the department of investigation finds that the conditions of Criminal Procedural Law Article 280 Paragraph 1 have been met, it should write an opinion regarding the confiscation of illegally obtained assets and send it together with case materials to the investigative bureau of the People’s Procuratorate with jurisdiction over the case to be forwarded to the prosecution department.

The prosecution department will review the opinion and make a decision regarding whether to apply to confiscate the materials. This should be handled in accordance with the procedures specified in Articles 528 and 529 of this Regulation.

Article 534: During prosecution, should the criminal suspect die or if the criminal suspect in serious cases, i.e. those involving corruption and bribe-taking or terrorist activities, has gone missing and is unable to appear before court after a year on the wanted list, according to provisions of the Criminal Law, the People’s Procuratorate should recover illegally obtained assets and property relating to the case. The People’s Procuratorate may apply to directly confiscated illegally obtained assets.

If, while the People’s Court's is handling a case, the accused dies or flees, thereby stopping the proceedings, the People’s Procuratorate may apply separately to the People’s Court to confiscate illegal assets in accordance with the law.

Article 535: When the People’s Court handles an application to confiscate illegal assets, the People’s Procuratorate should take responsibility for presenting evidence.

When the People’s Court holds a hearing on an application to confiscate illegally obtained assets, the People’s Procuratorate should send an official to be present in court.

Article 536: When the People’s Procuratorate discovers that the People’s Court or judge handling a case concerning confiscation of illegally obtained assets has violated the litigation process as specified by the law, it should submit an opinion to the court redressing the issue.

When the People’s Procuratorate finds that a Court of the same level’s decision in the first instance, in accordance with procedures for confiscating illegally obtained assets, is indeed mistaken, it should, within five days, submit a protest to the next higher level court.

When the Supreme People’s Procuratorate or a provincial-level People’s Procuratorate finds that an already legally-binding decision made by a subordinate People’s Court to confiscate illegally obtained assets is indeed mistaken, it should, in accordance with procedures for trial oversight, submit a protest to the same-level People’s Court.

Article 537: When handling a case, should the missing criminal suspect or accused turn themselves in or be arrested and the People’s Court, in accordance with regulations in Criminal Procedural Law Article 283 Paragraph 1, halt its proceedings, the People’s Procuratorate should return the case file to the investigation department for processing.

Article 538: Regarding cases requiring confiscation of illegally obtained assets outside of those falling under Article 280 Paragraph 1of the Criminal Procedural Law, confiscation should be performed in accordance with relevant regulations.

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

Article 539: The People’s Procuratorates shall submit a request for compulsory treatment to the people’s courts for mentally ill persons who have been found through statutory procedures to not bear criminal responsibility, who exhibit violent conduct that endangers public safety or seriously endangers citizen’s physical safety, 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 540: The prosecution department will handle the people’s procuratorates’ review of compulsory treatment opinions sent by the public security organs, requests to the people’s courts for compulsory treatment and supervision of the compulsory treatment decision.

Article 541: Requests for compulsory treatment will be submitted by the basic level people’s procuratorate of the region where the subject of the application exhibited violent conduct; where it is more suitable for the people’s procuratorate at the subject’s place of residence to submit it, the base level court of the subject’s residence may submit it.

Article 542: People’s procuratorates submitting a request for compulsory treatment to a people’s court shall draft a compulsory treatment application document. The compulsory treatment application document’s primary contents include:

(1) The basic circumstances of the mentally ill person involved in the case, including full name, sex, birthdate, birthplace, residential registration, ID number, ethnicity, education level, profession, workplace and duties, address, the place and nature of temporary protective restraint measures;

(2) Basic circumstances of the mentally ill person’s legally-designated representative including full name, address, contact information, etc.;

(3) The reason for and source of the case;

(4) The facts of the mentally ill person’s violent conduct that endangered public safety or seriously threatened citizen’s physical safety, including circumstances such as the time, place, method, consequences and relevant evidence.

(5) The basis for the mentally ill person not bearing criminal responsibility, including the relevant evaluation opinion and other evidence materials

(6) The possibility that the mentally ill person will continue to endanger society;

(7) The reason and legal basis for requesting compulsory treatment.

Article 543: People’s Procuratorates reviewing compulsory treatment opinions sent by the public security organs shall verify:

(1) Whether it falls under the jurisdiction of that People’s Procuratorate.

(2) whether the identity of the mentally ill person is clear, including their full name, sex, nationality, birth-date, profession and workplace;

(3) The facts of the mentally ill person’s violent conduct that endangered public safety or seriously endangered citizens’ physical safety.

(4) Whether the procedures that the public security organ undertook in evaluating the mentally ill person were lawful, and whether or not the mentally ill person bears criminal responsibility under law.

(5) Whether there is a possibility that the mentally ill person will continue to endanger society;

(6) Whether the evidentiary materials were delivered along with the case, or whether lists, copies, pictures or other evidentiary documents were sent along with the case for evidence that is not easy to send.

(7) Whether the evidence is reliable and sufficient.

(8) Whether the adopted temporary protective restraining measures were appropriate.

Article 544: People’s Procuratorates shall issue a decision as to whether or not to submit a request for compulsory treatment within 30 days of receiving the public security’s compulsory treatment opinion.

If it is found after review of a public security organ’s compulsory treatment opinion that it does not meet the requirements of article 284 of the Criminal Procedure Law, a decision shall be issued not to submit a request for compulsory treatment and a written explanation of the reason will be sent to the public security organ; on a finding that evidence needs to be supplemented, a written request to supplement the relevant evidence shall be made of the public security organ, and if necessary, [the procuratorate] may perform an investigation itself.

Time taken by the public security organ to supplement evidence is not calculated into time limits for the people’s procuratorate to handle the case.

Article 545: People’s procuratorates discovering that public security organs should initiate compulsory treatment procedures but have not done so, may request the public security organ explain the reason for not initiating the procedures in writing, within 7 days.

If after review it is found that the public security organ’s reason for not initiating is not sustained, the public security organ shall be informed to initiate the procedures.

Article 546: People’s procuratorates discovering that a public security organ used evaluation procedures on a mentally ill person that are contrary to law or adopted inappropriate temporary protective restraining measures, shall submit a corrective opinion.

Where public security organs should adopt temporary protective restraint measures but have not done so, the people’s procuratorate shall suggest that the public security organ adopt temporary protective restraint measures.

Article 547: People’s procuratorates discovering that the temporary protective restraint measures adopted by a public security organ against a mentally ill person include conditions such as physical punishment or mistreatment shall submit corrective comments.

The prison inspection department will do the work provided for in the preceding paragraph.

Article 548: If during a review for indictment, the suspect is found after evaluation to not bear criminal responsibility under law, the people’s procuratorate shall issue a non-prosecution decision. If it is found to meet the requirements of article 284 of the Criminal Procedure Law, a request for compulsory treatment shall be made to the people’s court.

Article 549: In compulsory treatment cases where the people’s court will open court for a hearing, the people’s procuratorate shall send someone to attend court.

Article 550: People’s procuratorates discovering that a court or judicial personnel went against statutorily prescribed procedures in handling a compulsory treatment case shall issue a corrective opinion to the court.

People’s procuratorates finding that a people’s court’s decision for, or rejecting , a compulsory treatment request was unjustified shall submit a written corrective opinion to the court within 20 days of receiving the decision document.

Article 551: If the people’s court discovers that the defendant meets the requirement for compulsory treatment during the course of trial, and, after making a judgment that the defendant does not bear criminal responsibility, intends to issue a decision for compulsory treatment, the people’s procuratorate shall express its opinions during trial.

 

Chapter XIV: Supervision of criminal proceedings

Section 1: Supervision of Case Filing

Article 552: People’s Procuratorates carry out supervision over the public security organ’s filing of a criminal case according to law.

Article 553: When the victim, his or her legally-designated representative, close relative or the administrative enforcement authority finds that the case should be filed for investigation by a public security organ, but the public security organ has not done so or if a party believes that a case should not be filed for investigation by a public security organ but the public security organ has not done so and, therefore, submits a complaint to the People's Procuratorate, the People’s Procuratorate shall accept the complaint and conduct an investigation.

When the People’s Procuratorate finds that it is possible a case should be filed for investigation by a public security organ when the public security organ has not done so, it shall carry out an examination in accordance with the law.

When the People’s Procuratorate receives the complaint and information or finds that the administrative enforcement authority did not transfer the cases involving possible crimes, it shall provide an opinion regarding prosecution to the administrative enforcement authority and require that the administrative enforcement authority transfer the case regarding possible crimes to a public security organ or People’s Procuratorate in accordance with jurisdiction regulations.

Article 554: If the complaint prosecution department of the People’s Procuratorate accepts a complaint regarding a case that should be filed by a public security organ, but in which the latter has not done so or if a case that should not be filed for investigation by a public security organ, but has been so filed, the department shall carry out an examination based on fact and laws and may require the accusant or petitioner to provide relevant materials. Where it finds that it is necessary for the public security organ to state reasons why a case should or should not be filed, it shall render the case to the investigation supervision department.

Article 555: After investigation and verification of the relevant evidentiary materials, if the investigation supervision department of the People’s Procuratorate finds that it is necessary for the public security organ to state its reason for not filing a case, it shall require the public security organ do so in writing with the approval of the chief prosecutor.

If there is some evidence to prove that the public security organ might have illegally filed a case, i.e. using criminal investigation methods in civil or economic disputes or using case registration to retaliate against, frame, blackmail, or obtaining other illegal benefits from others, in which a request to examine an arrest or for examination and prosecution has not yet been submitted, the public security organ shall be instructed, with approval from the chief prosecutor, to state the reasons for filing the case.

Article 556: When the People’s Procuratorate carries out investigation and verification, it may require that persons handling the case and concerned parties consult and copy records of the public security organ’s case registration, filing and completed forms, and other legal documents and files regarding cases that are filed, not filed, annulled, been approved for security punishment or reeducation through labor, etc,

Article 557: If the People’s Procuratorate requires the public security organ to state reasons why a case was or was not filed, it shall write a notice stating their reasons for doing so to be delivered to the public security organ in a timely fashion. They will require that the public security organ state the circumstances, basis and reasoning for deciding whether to file a case in writing within seven days of receiving the notice and send a reply to the People’s Procuratorate together with relevant evidentiary materials.

Article 558: After the public security organ states why a case was or was not filed, the investigation supervision department of the People’s Procuratorate shall conduct an examination and, if it believes that the public security organ’s reasoning cannot stand, shall, with approval from the chief prosecutor or a decision from the procuratorial committee, notify the public security organ to correct their decision.

If the investigation supervision department finds that the public security organ’s reasoning is satisfactory, it shall send a notice to the originating prosecution department to notify the victim, his legally-designated representative or close relative, or administrative enforcement authority of these reasons and legal basis within ten days.

Article 559: When the People’s Procuratorate instructs a public security organ to file or withdraw a case, it shall prepare a notice for filing or withdrawing a case stating its evidentiary basis and reasoning to be delivered to the public security organ with evidentiary materials. The public security organ shall be informed to file a case within 15 days of the date it received the notice for filing a case; if it has no objection to the notice for withdrawing a case, the public security organ shall immediately withdraw the case and deliver its decision to the People’s Procuratorate in a timely manner.

Article 560: If the People’s Procuratorate requires that the public security organ file or withdraw a case, it shall supervise the enforcement of such a notification according to the law.

When the public security organ does not file a case, submit a reconsideration or appeal request, or withdraw the case within 15 days of receiving the notice for filing or withdrawing a case, the People’s Procuratorate shall send a notice to correct illegal actions. If the public security organ still makes no correction, the People’s Procuratorate shall report to the next higher level People’s Procuratorate requesting that they consult with a public security organ of its same status to deal with the situation.

 When the public security organ does not complete the investigation within three months of filing a case, the People’s Procuratorate may issue a letter to the public security organ concerning cases under supervision for case filing requiring that the public security organ provide feedback on the investigation to the People’s Procuratorate in a timely manner.

Article 561: With regard to major cases committed by State functionaries taking advantage of their functions and powers that fall under the jurisdiction of the public security organ, if the People’s Procuratorate requires that the public security organ files a case, but the public security organ does not do so, the People’s Procuratorate may directly file the case and conduct an investigation with approval from People’s Procuratorate at the provincial level or above.

Article 562: If the public security organ finds that a notice from the People’s Procuratorate withdrawing a case was wrong and requests that the same level People’s Procuratorate reconsider the decision, the People’s Procuratorate shall review the decision again and determine whether the decision should be changed within seven days of receiving requests to review case files and so notify the public security organ.

When the public security organ does not accept the People’s Procuratorate’s decision to review and requests to a higher level People’s Procuratorate to amend the decision, the higher level People’s Procuratorate shall determine whether to change the decision within fifteen days of receiving the letter requesting a review and shall so notify the lower level People’s Procuratorate and public security organ for enforcement.

When the higher level People’s Procuratorate finds that the decision to withdraw a case was incorrect, the lower level People’s Procuratorate shall make corrections immediately; if the higher level People’s Procuratorate finds, after review, that it was appropriate to withdraw the case, the decision shall be confirmed and served to the lower level public security organ.

Article 563: When the investigation supervision department or public prosecution department of the People’s Procuratorate finds that the cases handled by investigation organs should have been filed for investigation, but was not, or that it should not have been filed, but was, it shall suggest that the investigation department requests filing and investigation or withdrawal; if such a suggestion is not adopted, it shall report to the chief prosecutor for a decision.

Section 2: Supervision over investigative activity

Article 564: The People's Procuratorate shall supervise the legality of public security organs’ investigation activity.

Article 565: Regarding the supervision of investigations, the People’s Procuratorate primarily finds and corrects illegal activities as follows:

(1)To obtain confessions from a criminal suspect by extortion, torture, and other illegal means;

(2) To obtain witness and victim testimony and statements illegally, such as through violence or threats, or to prevent witnesses from testifying or inciting others to give false testimony through violence, threats, etc.

(3) To falsify, hide, destroy, exchange, or alter evidence or to help a party destroy or falsify evidence;

(4) To indulge or protect criminals malpractice for personal gain;

(5) To intentionally fabricate an unjust, false, or mistaken case;

(6) To obtain illegal benefits by taking advantage of official functions and powers in investigation activities;

(7) To illegally detain others, or illegally deprive others of their personal freedom by other means;

(8) To illegally search the body or residence of others, or illegally trespass in the residence of others;

(9) illegal adoption of technical investigative measures

(10) To withdraw a case which should not have been withdrawn from the investigation;

(11) To seize, impound, or freeze property unrelated to the case, or to not halt seizing, detentions, or freezing property when it is appropriate;

(12) to embezzle, misappropriate, privately dispose of, exchange, or use seized, impounded, or frozen money and goods as well as the funds accruing therefrom by violating the provision;

(13) not refunding guarantee deposits for release on guarantee pending further investigation that should be refunded;

(14) to violate the provisions of determination, enforcement, change, and revocation of compulsory measures under the Criminal Procedure Law;

(15) the investigators do not withdraw themselves when they should excuse themselves from the case;

(16) not informing a criminal suspect of his litigation rights according to the law, thereby affecting the criminal suspect’s exercise of his litigation rights;

(17) to hinder a party, defender, or agent ad litem from exercising their litigation rights according to the law;

(18) not making interrogation video/audio recordings of criminal suspect according to the law;

(19) not notifying families after detaining or arresting a criminal suspect or putting him under residential surveillance according to law;

(20) other violations of the concerned provisions under criminal procedure law during the investigation.

Article 566: When the People’s Procuratorate finds illegal activities taking place during an investigation by public security organs, in minor cases thereof the prosecutor may recommend corrections to investigators or head of the public security organ orally and make a report to the head of its department in a timely fashion. When necessary, such recommendations shall be submitted by the head of the department. With regard to cases involving major illegal circumstances, a notice correcting illegal activities shall be sent to the security organ after being approved by the chief prosecutor. If the case constitutes a crime, the case shall be rendered to the concerned department for investigation and pursuing criminal liability according to the law.

When the inspection department of a detention facility finds any violations the maximum duration for detention or handling cases, it shall submit a correction recommendation and report it to the investigation supervision department.

Article 567: The People’s Procuratorate may send personnel to participate in the discussion and other investigations conducted by a public security organ in major cases. If it finds minor illegal circumstances, the prosecutor may make corrections orally. It if finds serious illegal circumstances, a correction notice shall be sent to the public security organ after obtaining approval from the chief prosecutor.

Article 568: The People’s Procuratorate shall request that the public security organ make corrections where it finds illegal circumstances in the public security organ enforcing a decision by the People’s Procuratorate whether to approve an arrest, releasing the arrested criminal suspect, or amending how to undertake the arrest.

Article 569: If the People’s Procuratorate provides corrective recommendations where it finds any illegal circumstances in the investigation organ or investigator’s activities deciding, enforcing, amending, or withdrawing compulsory measures.

With regard to minor illegal activities, the prosecutor may submit a corrective recommendation to investigators or the head of a public security organ orally while also reporting to the department head in a timely manner; when necessary, the department head shall make such a recommendation.

Regarding major illegal circumstances, a corrective notice shall be sent to public security organs after obtaining approval from the chief prosecutor.

Article 570 : The People’s Procuratorate shall supervise activities according to responses from the public security organ after sending a corrective notice; if there is no reply, the People’s Procuratorate shall urge the public security organ to reply.

Article 571: If the corrective recommendation submitted by a People’s Procuratorate is not accepted and the public security organ requests a review, the People’s Procuratorate shall complete a review within seven days of receiving the written recommendation from the public security organ. If, after a review, it is found that the corrective recommendation is correct, the People’s Procuratorate shall report to a higher level People’s Procuratorate; if it is found that the corrective recommendation is not correct, the recommendation shall be withdrawn in a timely fashion.

If the higher level People’s Procuratorate finds, through examination, that a corrective recommendation from a lower level People’s Procuratorate is correct, it shall notify the same level public security organ in a timely fashion and urge the lower level People’s Procuratorate to make corrections; if it finds that recommendations from the lower level People’s Procuratorate is wrong, it shall notify the lower level People’s Procuratorate to withdraw in a timely manner. The lower level People’s Procuratorate shall enforce and provide explanations to the public security organ and concerned investigators in a timely fashion. At the same time, the petitioner and accusant shall be informed of the investigation result in a timely fashion.

Article 572: When the investigation supervision and public prosecution departments of the People’s Procuratorate finds that an investigator is guilty of illegal activities committed during the investigation that constitute a crime, the case shall be transferred to the investigation department for examination and reported to the chief prosecutor. After examination, the investigation department shall submit a recommendation regarding whether to file a case for investigation and report to the chief prosecutor for a decision. If the case is not under the jurisdiction of the People’s Procuratorate, the case shall be rendered to another People’s Procuratorate or other authorities with jurisdiction.

Article 573: When the investigation supervision and public prosecution departments of the People’s Procuratorate finds that an investigator is guilty of illegal activities committed during the investigation that constitute a crime, the case shall be transferred to the investigation department for examination and reported to the chief prosecutor. After examination, the investigation department shall submit a recommendation regarding whether to file a case for If the investigation supervision or public prosecution departments of the People’s Procuratorate find any illegal activities taking place during investigations conducted by the People’s Procuratorate’s investigation department, it shall, based on the circumstances, take appropriate measures. With regard to minor cases, the department may submit a corrective recommendation to the investigation department; if it is a major case or it is necessary to investigate and pursue criminal liability, the department shall report to the chief prosecutor for a decision.

When a higher level People’s Procuratorate finds that there illegalities in the investigation of a lower level People’s Procuratorate, it shall send a notice for correction. The lower level People’s Procuratorate shall promptly make the correction and report it to the higher level People’s Procuratorate.

Article 574: When a party, his defender, agent ad litem, or another interested party submits a complaint or accusation to an organ regarding its handling of a case under Article 115 of the Criminal Procedure Law because he or she objects to its decisions or it does not reply within the prescribed period, he or she can take this complaint to the People’s Procuratorate, who shall swiftly accept the submission.

Regarding cases that are directly accepted by the People’s Procuratorate, if a party objects to decisions made by People’s Procuratorates handling the case, he may issue a complaint to a higher level People’s Procuratorate, who shall accept the complaint.

When no complaint or accusation is delivered to organs handling the case or said organ does not make a decision to handle the case within the prescribed time and a complaint is submitted to the People’s Procuratorate directly, the People’s Procuratorate shall instruct the complainant submit the accusation to the organ handling the case. If the People’s Procuratorate finds that there exist illegal circumstances as defined under Article 115 of the Criminal Procedure Law in examination of the arrest or examination and prosecution, the People’s Procuratorate may directly supervise the correction.

The People’s Procuratorate shall accept a complaint or accusation made by a party, his defender, agent ad litem, or interested party through a timely examination and take steps allowed by law, except those listed in Article 115 of the Criminal Procedure Law.

Article 575: Accusations and complaints concerning illegal activity in cases handled by the People’s Procuratorate and those brought to the People’s Procuratorate because of objections concerning how other judicial organs handled an accusation or complaint shall be accepted by the complaint prosecution department of the People’s Procuratorate.

The complaint prosecution department shall swiftly examine the complaint concerning illegal activity in cases handled by the People’s Procuratorate. Regarding complaints brought to the People’s Procuratorate because of objections concerning a lower level People’s Procuratorate and other judicial organs, the department shall promptly render the case to the detention facility’s investigation supervision, public prosecution, or inspection department according to the case’s specific circumstances. The department undertaking the examination and handling the case shall submit an examination recommendation within 15 days of receiving case materials. With regard to complaints listed in Subparagraphs 3 to 5, Paragraph 1, Article 115 of the Criminal Procedure Law, if it is necessary for an investigation organ to state reasons through an examination, the People’s Procuratorate shall require the investigation organ to do so and submit a recommendation for examination within 15 days of receiving the statement that lists reasons.

If there is some evidence of illegal activity in cases handled by the People’s Procuratorate, the complaint prosecution department shall report to the chief prosecutor for permission to make corrections. If first instance decisions made by relevant judicial organs or a lower level People’s Procuratorate are found to be incorrect, the complaint prosecution department shall report to the chief prosecutor for approval and notify the concerned judicial organ or lower level People’s Procuratorate for correction after the approval. If it is found that there is no illegal activity in the case handled by the People’s Procuratorate or that decisions made by relevant judicial organs or a lower level People’s Procuratorate regarding the accusation and complaint is correct, the complaint prosecution department shall report to the chief prosecutor for approval and, after approval, deliver the written reply and its reasoning to the person who lodged the complaint. The complaint prosecution department shall make a reply within five days of receiving the notice.

Section 3: Supervision of trial activities

Article 576: The People’s Procuratorate supervises trial activity in the People’s Court according to the law to monitors whether the investigation conforms to law.

Article 577: With regard to supervision of trial activity, the People’s Procuratorate shall mainly find and correct illegal activities as follows:

(1) The acceptance of a criminal case by the People’s Court is not consistent with its proper jurisdiction;

(2) The trial period and delivery in the People’s Court is not consistent with the legal term for trial and delivery;

(3) The composition of members in a court session is not consistent with the law or members who should be withdrawn are not withdrawn in accordance with relevant provisions;

(4) The trial is not conducted according to legal procedure;

(5) It infringes on the litigation and other legal rights of a party or other litigation participants;

(6) Decisions on procedural issues at the court hearing is not consistent with legal provisions;

(7) The second instance People’s Court rules for a retrial against relevant legal provisions;

(8) Intentional destruction, alteration, obstruction, falsification, or privately exchanged evidence or other litigation materials or decisions on a verdict based on evidence which has not been investigated and cross-examined through legal procedures;

(9) Relevant evidence which should be investigated and collected according to law have not been obtained;

(10) To bend the law for selfish ends and intentionally bend the law in making judgments by departing from fact and law;

(11) To receive and extort property or other benefits from a party, his close relatives, or his entrusted attorney;

(12) Not to release, terminate, or amend compulsory measures when they violate legal provisions or the duration allowed for compulsory measures has expired;

(13) not refunding guarantee deposits for release on guarantee pending further investigation that should be refunded;

(14) To ascertain the extent of assets for sealing, seizing, or freezing of property and goods which are unrelated to the case or not halting measures such as sealing, seizing, or freezing which should be halted;

(15) to embezzle, misappropriate, privately dispose of, exchange, or use seized, impounded, or frozen money and goods and assets accruing therefrom by violating relevant provisions;

(16) Other trial procedural activity that violates relevant legal provisions.

Article 578: Supervision of judicial activities is undertaken by the public prosecution department and criminal complaint prosecution department. If the People’s Court tries cases that violate the legally allowed period of time, the detention facility’s inspection department shall accordingly undertake supervision.

The People’s Procuratorate may check the legality of trial activities through investigation, reviewing case files, receiving complaints and accusation etc.

Article 579: The chief prosecutor of the People’s Procuratorate may attend the trial committee’s meeting in the People’s Court as a nonvoting delegate and present his opinion on the case in order to perform the functions and responsibilities of legal supervision according to the law.

Article 580: During supervision of trial activities, if the People’s Procuratorate finds that the People’s Court or judges violate lawful litigation procedures, a corrective recommendation shall be submitted to the People’s Court.

If the prosecutor attending the court session finds that the trial is not conducted in accordance with litigation procedures as prescribed by law, he or she shall report to the chief prosecutor after court adjournment in a timely fashion.

If the People’s Procuratorate finds that corrective recommendations regarding trial activity does not comply with legal procedures, the People’s Procuratorate shall present recommendations after the court trial session.

Article 581: Regarding supervision of illegal activities during trial sessions conducted by the People’s Court, the People’s Procuratorate may refer to provisions on the supervision of illegal activity during investigations by public security organs found in this Regulation.

Section 4: Oversight of Criminal Judgments and Rulings

Article 582: The People’s Procuratorate supervises judgments and ruling by the People’s Court to check whether they are correct. The People’s Procuratorate shall protest against judgments or decisions that contain errors by the People’s Court.

Article 583: Supervision of criminal judgments and decisions is undertaken by the public prosecution and criminal complaint prosecution department. Where a party, his or her legally-designated representative, or close relative believes there to be an error in a legal judgment or ruling from the People’s Court and lodges a complaint to that effect to the People’s Procuratorate, the criminal complaint prosecution department shall handle the complaint according to the law.

The People’s Procuratorate supervises whether judgments or decisions by the People’s Court are correct by accepting the complaint and examining People’s Court’s judgment or ruling.

Article 584: People’s Procuratorates shall raise a prosecutorial appeal to first instance judgments or rulings made by People’s Courts at the same level in any of the following circumstances:

(1) The identified fact is unclear and evidence is insufficient;

(2) There is definite and sufficient evidence to prove guilt, but the suspect was deemed as innocent, or an innocent person was judged to be guilty;

(3) A major crime is given a minor punishment or a minor crime is given a heavy punishment and the applied punishment is obviously not appropriate;

(4) The identification of a crime is not correct: one crime is found to constitute several crimes or several crimes are found to constitute one crime, thereby affecting sentencing or causing gravely influencing society;

(5) There is an error in exemption from criminal punishment or the application of probation, injunction, or limitation of a commuted sentence;

(6) The People’s Court gravely violates litigation procedures prescribed in legal provisions for trials.

Article 585: After receiving the first instance judgment or ruling made by a People’s Court, the People’s Procuratorate shall conduct a timely examination. The official handling the case shall fill in examination of criminal judgment or ruling form, submit a recommendation for a decision, and report to the chief prosecutor for examination and approval. Regarding cases where it is necessary to present a protest, the public prosecution department shall report to the chief prosecutor for a decision; if the case is important, difficult, or complicated, the chief prosecutor shall submit the case to the prosecutorial committee for discussion and a decision.

Article 586: When the People’s Procuratorate disagrees with a first instance judgment made by a People’s Court of the same level, the protest shall be presented within ten days of the day after the judgment is received; such a protest shall be presented within five days of receiving the determination.

Article 587: When presenting a protest against a judgment or determination of the first instance made by a People’s Court of the same level, the People’s Procuratorate shall submit a protest letter to a higher level People’s Court through the first instance People’s Court and send a copy to a higher level People’s Procuratorate with case materials.

Article 588: When a victim or his legally-designated representative does not accept a first instance judgment made by a local People’s Court and requests that the People’s Procuratorate protest the judgment within five days of the receipt of judgment, the People’s Procuratorate shall make examine the case, decide, and inform the requesting party whether it will present a protest within five days of receiving said request from the victim or his legally-designated representative. After the examination, if it is deemed that a protest should be presented, provisions of Articles 584 to 587 of this Regulation shall apply.

When a victim or his legally-designated representative requests that the People’s Procuratorate present a protest within five days of receiving a judgment, the People’s Procuratorate shall decide whether to accept the request.

Article 589: If a higher level People’s Procuratorate finds that the protest is correct in a case where the People’s Procuratorate presents a protest in accordance with second instance trial procedures, the protest shall be supported; if a protest is not necessary, the higher level People’s Procuratorate shall withdraw the protest from the People’s Court of the same level and notify the lower level People’s Procuratorate. If the lower level People’s Procuratorate finds that it is not necessary for the higher level People’s Procuratorate to withdraw the protest, it may request a reconsideration The higher level People’s Procuratorate shall reconsider its decision and notify the lower level People’s Procuratorate of its decision.

If a higher level People’s Procuratorate finds that a lower level People’s Procuratorate should present a protest but did not within the period allowed for appeals and protests, it may order the lower level People’s Procuratorate to present a protest according to the law.

Article 590: Regarding cases of second instance that the People’s Court remands to the first instance People’s Court for a retrial with first instance trial procedures, if the People’s Procuratorate finds that there are some definite errors in judgment or ruling after retrial, a protest may be presented in accordance with second instance trial procedures.

Article 591: When the People’s Procuratorate finds that there are definite errors in the legally effective judgment or determination from the People’s Court in any of the following circumstances, the People’s Procuratorate shall raise a prosecutorial appeal in the People’s Court in accordance with procedures for trial supervision:

(1) There is new evidence to prove that the facts found in the original judgment or determination are definitely wrong, thereby influencing conviction and sentencing;

(2) The evidence for conviction and the sentencing is unreliable and insufficient;

(3) The evidence for conviction and sentencing should be excluded;

(4) The main evidence supporting case facts contradict each other;

(5) The main evidence supporting the original judgment or ruling is changed or withdrawn according to the law;

(6)The criminal offence convicted is wrong so as to obviously affect the sentencing;

(7)A violation of provisions concerning the period of limitation for prosecution under the law;

(8)The sentence is obviously inappropriate;

(9) A violation of litigation procedure which might influence the justness of a trial;

(10) The judges committed acts of embezzlement, bribery, or malpractice for personal gain, or have bent the law in making judgments.

Regarding review of legally effective judgments or rulings, the People’s Procuratorate may refer to Article 585 of this Regulation.

Article 592: In cases where the Superior People’s Court has imposed a death sentence and a two-year suspension of execution, if a provincial People’s Procuratorate finds that there is a definite error and that it is necessary to present a protest, it shall generally present a protest within three months, but not later than six months, of receiving the effective judgment or ruling.

Article 593: When a party, his or her legally-designated representative, or a close relative directly presents a petition to a higher level People’s Procuratorate, that People’s Procuratorate may render it to the People’s Procuratorate of the same level as the People’s Court that has made the judgment or handling decision; if the case is important, difficult, or complicated, the higher level People’s Procuratorate may directly accept the petition.

When a party, his or her legally-designated representative, or a close relative directly presents a petition to a higher level People’s Procuratorate, that People’s Procuratorate may render it to the People’s Procuratorate of the same level as the People’s Court that has made the judgment or handling decision; if the case is important, difficult, or complicated, the higher level People’s Procuratorate may directly accept the petition.

When a party, his or her legally-designated representative, or a close relative has presented a petition against a legally effective judgment or determination made by the People’s Court and continues to present the petition after the People’s Procuratorate, after re-examination, decides not lodge a protest, a higher level People’s Procuratorate shall accept the petition.

The petition against a final judgment or ruling for the death penalty made by the People’s Court shall be handled by the detention facility’s inspection department.

Article 594: Regarding a petition against legally effective criminal judgments or rulings made by a People’s Court, after two levels of People’s Procuratorates have handled the petition and a provincial People’s Procuratorate has reviewed the case, if there are no new facts and reasons, the People’s Procuratorate shall not file a case for re-examination, unless defendants from the original trial might be innocent or if there are other major errors in the judgment or ruling.

Article 595: After the criminal complaint prosecution department of the People’s Procuratorate re-examines a petition against a criminal judgment or ruling that has gone into legal effect, if it is deemed necessary to present a protest, the department shall report to the chief prosecutor or prosecutorial committee for discussion and decision.

   After the criminal complaint prosecution department of the People’s Procuratorate at each local level re-examines a petition against a criminal judgment or ruling made by the People’s Court at the same level that has gone into legal effect, if it is deemed necessary to present a protest, the department shall report to the chief prosecutor or prosecutorial committee for discussion and decision. If it is deemed necessary to protest such a protest, the People’s Procuratorate shall request that a higher level People’s Procuratorate do so.

After the criminal complaint prosecution department of a higher level People’s Procuratorate reviews the cases wherein a lower level People’s Procuratorate requests a protest, if it is found necessary to present such a protest, the department shall report to the chief prosecutor or prosecutorial committee for a decision.

When the People’s Court opens a court session to try a case, the criminal complaint prosecution department from the People’s Procuratorate of the same level may dispatch an official to attend the court session.

Article 596 After the criminal complaint prosecution department of the People’s Procuratorate finishes re-examining the complaint case against a legally effective criminal judgment or ruling made by the People’s Court, a notice for re-examination shall be made and the petitioner will be notified within 10 days.

After re-examination, if the People’s Procuratorate requests a higher level People’s Procuratorate that a protest to lodged, a notice for re-examination shall be made after the higher level People’s Procuratorate makes a decision.

Article 597: When the Supreme People’s Procuratorate finds definite errors in a judgment or ruling made by a People’s Court of any level that has gone into legal effect or a higher level People’s Procuratorate finds definite errors in judgments or rulings made by a lower level People’s Court that have gone into legal effect, the Supreme People’s Procuratorate or a higher level People’s Procuratorate may directly present a protest to the People’s Court at the same level or order a higher level People’s Procuratorate to present a protest to the higher level People’s Court that made the judgment or ruling .

Article 598: When the People’s Procuratorate presents a protest to the People’s Court in accordance with trial supervision procedures, a copy of the protest shall be sent to the higher level People’s Procuratorate.

Article 599: Regarding cases in which a protest is presented in accordance with trial supervision procedures and the People’s Procuratorate still finds definite errors in the judgment or ruling made by the People’s Court, if the case is tried in accordance with first instance procedures, the same People’s Procuratorate shall present a protest to the higher level People’s Court; if the case is tried in accordance with second instance procedures, the higher level People’s Procuratorate shall present a protest to the same level People’s Court in accordance with trial supervision procedures.

Regarding complaint cases where a protest is presented in accordance with trial supervision procedures, if the People’s Procuratorate still finds definite errors in the judgment or determination made by the People’s Court, the criminal complaint prosecution department of the People’s Procuratorate which sent personnel to attend the court session shall deal with the case following provisions of Paragraph 1 from this Article.

Article 600: When the public prosecution or criminal complaint prosecution department of the People’s Procuratorate handling a protest case presented according to trial supervision procedures, if it is necessary to arrest the defendant, it shall submit a recommendation and render the case to the investigation supervision department take measures in accordance with provisions in Chapter 10 of this Regulation; if it is necessary to obtain a guarantor pending trial or residential surveillance for the defendant, persons handling the case will present their recommendation, after an examination, with approval from the department principal to the chief prosecutor for a decision.

Article 601: The provisions of this section shall apply to the supervision of the People’s Procuratorate over judgments or rulings in the private prosecution cases.

 

Section 5: Legal supervision over death sentence review

Article 602: The Supreme People’s Procuratorate conducts legal supervision over any review of death sentences decided upon by the Supreme People’s Court.

Article 603: The death sentence review prosecution department of the Supreme People’s Procuratorate is responsible for legal supervision over reviews of the death sentence.

Article 604: If the Supreme People’s Procuratorate finds one of the following circumstances exist during death sentence review, it shall submit a recommendation to the Supreme People’s Court after an examination:

(1) there are some definite errors in the second instance judgment for death sentencing, meaning that the death sentence should not be approved according to law;

(2) new circumstances and evidence are found that might influence the defendant's conviction and sentencing;

(3) Serious violations of litigation procedure prescribed by law that might influence the justness of a trial;

(4) The judicial officials, while handling the case, has committed acts of embezzlement, bribery, or malpractice for personal gain or bent the law in making a judgment;

(5) Other circumstances in which it is necessary to submit a recommendation.

Article 605: When the Supreme People’s Procuratorate finds it necessary to present its recommendation regarding a death sentence review from the Supreme People’s Court, a recommendation shall be presented before the Supreme People’s Court issues its decision.

Article 606: With regard to the following parts of a death sentence review, the provincial People’s Procuratorate shall present a report to request supervision from the Supreme People’s Court with relevant case files in a timely fashion:

(1) If the facts are unclear and evidence insufficient in the case, the case shall be remanded to the original People’s Court for a retrial, and if there are some definite errors in the second instance judgment made by the Superior People’s Court approving the death sentence immediately;

(2) the accused qualifies for lighter punishment or a mitigated penalty below the minimum statutory punishment, the death sentence shall not be imposed according to law, or there are some definite errors in the second instance judgment made by the Superior People’s Court approving the immediate death sentence;

(3) Serious violations of litigation procedure prescribed by law that might influence the justness of a trial;

(4) The trial is not concluded within one year of the Supreme People’s Court accepting the case;

(5) It is inappropriate that the Supreme People’s Court does not approve the death sentence and remands the case for a retrial;

(6) Other circumstances in which it is necessary to undertake supervision.

Article 607: When the provincial People’s Procuratorate finds that the accused has produced new evidentiary materials and circumstances in the death sentence review, i.e. surrendering him- or herself to the police or judicial department, rendering meritorious service, agreeing to compensation in order to obtain the victim’s understanding, etc., which might affect application of the death sentence, the provincial People’s Procuratorate shall promptly report to the Supreme People’s Procuratorate.

Article 608: During death sentence review, if a party or his/her close relative or entrusted attorney presents a petition against the death sentence judgment to the Supreme People’s Procuratorate, the petition shall be examined by the death sentence review prosecution department of the Supreme People’s Procuratorate.

Article 609: The death sentence review prosecution department of the Supreme People’s Procuratorate may adopt the following steps to examine the case for supervision of death sentence review: :

(1) examine written materials rendered by the Supreme People’s Court, case materials reported by the provincial People’s Procuratorate at, and petition materials submitted by a party, his/her close relative, or entrusted attorney;

(2) listen to recommendations from the provincial People’s Procuratorate that originally undertook the case and require that the provincial People’s Procuratorate submit relevant case materials;

(3) check and read case files, interrogate the defedndants, and review important evidence when necessary.

Article 610: The Supreme People’s Procuratorate shall make a decision within one month regarding cases selected for death sentence review supervision; if it is necessary to extend the examination period because the case is important, difficult, or complicated, it shall be reported to the chief prosecutor for approval.

Article 611: When the death sentence review prosecution department of the Supreme People’s Procuratorate plans to opine on the prosecutorial recommendation for concerning a death sentence review, it shall report to the chief prosecutor or prosecutorial committee for a decision.

When discussing death sentence review, the prosecutorial committee may notify the concerned prosecutors of the provincial People’s Procuratorate which handled the case to attend as a nonvoting party.

Article 612: Regarding death penalty review cases supervised by the Supreme People’s Procuratorate, if the Supreme People’s Procuratorate believes it is necessary to submit a recommendation to the Supreme People’s Court after an examination, such a recommendation shall be presented as a letter for the death sentence review case. The recommendation letter shall list the specific recommendation or suggestions and state its reasoning and legal basis.

Article 613: Regarding cases in which the Supreme People’s Procuratorate recommends that the death sentence be approved, but, after examination, the Supreme People’s Court still does not approve of it and instead submits the case to the trial committee for discussion and requests that the Supreme People’s Procuratorate send personnel to attend the meeting as a nonvoting party, the chief prosecutor of the Supreme People’s Procuratorate or a deputy chief prosecutor entrusted by the chief prosecutor shall attend trial committee meeting.

 

Section 6: Supervision over the periods for custody and case handling

Article 614: The People’s Procuratorate supervises whether the custody period and case handling is legal according to law.

Article 615: The People’s Procuratorate and detention facility’s inspection department shall supervise the custody and case handling period of cases processed by public security organs and those involving the People’s Court where the criminal suspect or defendant is under custody; if the criminal suspect or defendant is not under custody, the investigation supervision or public prosecution department of the People’s Procuratorate is responsible for supervision. The case management department of the People’s Procuratorate is responsible for supervising the custody and case handling period for cases handled by the People’s Procuratorate.

Article 616: After criminal suspects or defendants are arrested, the People’s Procuratorate shall still examine the necessity of keeping them in detention.

  If the People’s Procuratorate finds or believes that it is not necessary to continue detention after an examination based on a criminal suspect, defendant, legally-designated representative, close relative or defender’s petition, the People’s Procuratorate shall suggest that the concerned organ to release him or amend the compulsory measures.

Article 617: The investigation supervision department shall review the necessity of detention during the investigation phase; the public prosecution department shall be responsible for reviewing the necessity of custody during the trial phase. If the detention facility’s inspection department finds that it is not necessary to continue detention, it may suggest that the criminal suspect or defendant be released or that compulsory measures be amended.

Article 618: Criminal suspects or defendants and their legally-designated representatives, close relatives, or defenders may apply to the People’s Procuratorate to review the necessity of detention; and when applying shall state the reasons why continued detention is unnecessary, and provide any relevant evidence or other materials.

Article 619: If the People’s Procuratorate finds one of the following circumstances, the People’s Procuratorate may present written suggestions to release or change compulsory measures:

(1) there is a major change in case evidence making it such that it is no longer sufficient to prove criminal facts or that a crime has been committed by the criminal suspect or defendant;

(2) if there is a change in case facts or circumstances, the criminal suspect or defendant may be sentenced to public surveillance, criminal detention, supplementary punishments, or exempted from criminal punishment/found innocent;

(3) The possibility that a criminal suspect or defendant has committed a new crime, destroyed or falsified evidence, intervened or colluded in witness testimony, retaliated against a victim, informer or petitioner, or attempted suicide or escape, etc. has been eliminated.

(4) The case facts are basically clear and evidence has been collected and established. The conditions for obtaining a guarantor pending trial or residential surveillance are met;

(5) If a criminal suspect or defendants remain in detention, the period of detention would exceed the duration of the sentence they might receive in accordance with law;

(6) The detention term expires;

(7) It is more suitable to amend the compulsory measures due to special circumstance in the case or the requirements for handling the case;

(8) Other circumstances making it unnecessary to keep a criminal suspect or defendant in custody.

The reasoning and legal basis for which it is unnecessary to keep a criminal suspect or defendant in custody shall be stated in the suggestions for releasing or amending the compulsory measures.

Article 620: The People’s Procuratorate may examine the need for detention by the following means:

(1) appraise the need for detaining a criminal suspect or defendant;

(2) Get to know the development of the investigation and evidence available to investigation organs;

(3) to listen to the opinions of the relevant organs and persons handling the case;

(4) to listen to the opinions of a criminal suspect, defendant, his/her legally-designated representative, close relative, or defender, or a victim and his agent ad litem/other concerned persons;

(5) to investigate and check the health of a criminal suspect or defendant;

(6) to render the concerned case materials, examine the evidence provided by a concerned party to prove that it is unnecessary to continue custody for a criminal suspect or defendant;

(7) Other methods.

Article 621: When the People’s Procuratorate presents suggestions for releasing a criminal suspect or defendant or amending his or her compulsory measures to organs handling the case, the People’s Procuratorate shall require the concerned organs to notify this Procuratorate of its final decision. If the concerned organs do not adopt the People’s Procuratorate’s suggestions, it shall be required to state its reasoning and legal basis.

  Regarding cases handled by the People’s Procuratorate, if it is found, after an examination, that keeping a criminal suspect in custody is unnecessary, suggestions shall be submitted to the case handling department to release or amend the compulsory measures. Specific procedures shall be followed as listed in the preceding paragraph.

Article 622: When the investigation, investigation supervision, or public prosecution department of the People’s Procuratorate handles a case, if a criminal suspect or defendant is under custody, they shall notify the detention facility’s inspection department responsible for supervision or the case management department and the detention center within 10 days of making the decision or receiving the decision or determination under one of the following circumstances:

(1) extending or deciding to extend the duration of investigation and detention;

(2) for cases that the People’s Procuratorate directly accepts for filing and investigation, it is decided to recalculate the custody period and amend or lift compulsory measures;

(3) to conduct an expert evaluation of mental disorders towards a criminal suspect or defendant;

(4) changing the jurisdiction during examination and prosecution, or extending the time allowed for examination and prosecution

(5) returning cases for supplementary investigation or recalculating the period allowed for examination and prosecution after a supplementary investigation and rendering the case for examination and prosecution;

(6) The People’s Court decides to apply summary procedures to a first instance case or have the case retried with regular procedures instead of summary procedures;

(7) The People’s Court changes the jurisdiction, decides to extend or suspends the trial, or grants the People’s Procuratorate a withdrawal from prosecution.

Article 623: The People’s Procuratorate shall submit a corrective recommendation according to the law if it finds one of the following circumstances in the detention center’s administration of custody:

(1) not to urge the organ handling the case to go through formalities or remanding permit ;

(2) not to send a notice for detention periods that will soon expire to the organ handling the case within seven days before the criminal person or defendant’s detention period ends;

(3) not to immediately report to the People’s Procuratorate in writing and notify the case handling organ after a criminal suspect or defendant remains under custody for a period exceeding the maximum allowed duration thereof;

(4) after receiving the petition or complaint presented by a criminal suspect, defendant, his or her legally-designated representative, close relative, or defender for changing compulsory measures, examining the need for continue custody, or requiring that compulsory measures be released or amended, does not transfer the petition to the concerned organ handling the case or the People’s Procuratorate;

(5) other illegal circumstances.

Article 624: If, during investigation, one of the following circumstances is found concerning the detention carried out by public security organs, a corrective recommendation shall be put forth:

(1) not instituting formalities to remand permission in accordance with regulations;

(2) not to notify the People’s Procuratorate and the detention center in writing when it is decided to recalculate the duration of custody or to extend the duration of investigation and custody after approval;

(3) failure to notify the people's procuratorate or detention center when conducting a mental illness assessment of a criminal suspect.

(4) other illegal circumstances.

Article 625: When the People’s Procuratorate finds one of the following circumstances during the trial period as dictated by the People’s Court, it shall submit a corrective recommendation according to the law:

(1) not to go through the formalities for remanding a permit during the first instance trial, the second instance trial, and death sentence review;

(2) to recalculate the duration of a trial, approve an extension for a trial, change jurisdiction, extend or suspend the trial, or remand the case for retrial due to violations of the criminal procedure law;

(3) It is decided to recalculate the duration of a trial, approve an extension for a trial, change jurisdiction, extend or suspend the trial, or remand the case for retrial, but not notify the People’s Procuratorate and detention center in writing;

(4) other illegal circumstances.

Article 626: When the People’s Procuratorate finds that the public security organ or a People’s Court at its level or below imposes undue custody, the People’s Procuratorate shall report to the chief prosecutor for approval. After approval, a corrective notice shall be sent regarding the illegal activity to the case handling organ.

If overdue custody is imposed by the public security organ or higher level People’s Court, the People’s Procuratorate shall report to a People’s Procuratorate at the same level as the case handling organ, level by level, in a timely manner. A People’s Procuratorate at the same level shall send a notice for correcting illegal activity to such organs.

Regarding cases in which custody is conducted in a different location, if it is found that the case handling organ has imposed undue custody, the People’s Procuratorate shall report to the People’s Procuratorate at the same level as the level of the case handling organ and send a corrective notice regarding the illegal activity.

Article 627: After the People’s Procuratorate sends a corrective notice regarding the illegal activity and the concerned case handling organ makes no reply or continues overdue detention, the People’s Procuratorate shall report to a higher level People’s Procuratorate in a timely manner.

Regarding people directly responsible for cases who instate overdue custody, the People’s Procuratorate may write to his work unit or competent organ to suggest that administrative or disciplinary punishment be imposed in accordance with the laws or relevant regulations; if the overdue custody is serious and may constitute a crime, criminal responsibility shall be pursued.

Article 628: Regarding cases directly accepted by People’s Procuratorates for filing and investigation, examination for arrest, or examination and prosecution before criminal suspects’ investigation custody and case handling period expires, the case management department shall send a warning concerning the term expiration to the investigation, investigation supervision, or public prosecution department according to relevant regulations. If the department handling the case is found to have exceeded the prescribed term, a corrective recommendation shall be submitted in accordance with concerned provisions.

Section 7: Supervision of the enforcement activities of the detention center

Article 629: The People’s Procuratorate supervising the detention center’s enforcement activities, i.e. detention, custody, releasing a criminal suspect or defendant, and execution of punishment for the criminals serving sentences in the detention center, etc. according to law.

The detention facility’s inspection department is responsible for supervising the detention center’s enforcement activities.

Article 630: If the People’s Procuratorate finds one of the following illegal circumstances in the detention center, a corrective recommendation shall be submitted:

(1) the detention center officials assault, impose corporal punishment on, mistreat, impose covert corporal punishment on, or abuse the person in custody;

(2) the detention center officials provide the person in custody information, privately delivered mail and articles, assistance in falsifying, destroying, or concealing evidence, or intervenes in or colludes for witness testimony or confessions;

(3) to use weapons and tools or confinement to people in custody illegally;

(4) not to keep juveniles and adults separately for custody, management, or education;

(5) to allow investigators to take a criminal suspect out of the detention center for interrogation in ways not according with regulations;

(6) not to transfer or notify the People’s Procuratorate or concerned case handling organ in a timely fashion when receiving the petition to amend compulsory measures or other petitions, complaints, or information provided by a criminal suspect or defendant in custody, his/her legally-designated representative, close relative, or defender;

(7) Fail to arrange for a defense lawyer to meet the criminal suspect or defendant in custody according to the law when it should have done so;

(8) to arrange a defense lawyer or other person to meet the criminal suspect or defendant against relevant regulations;

(9) to monitor conversations when defense lawyers meet the criminal suspect or defendant;

(10) other illegal circumstances.

Article 631: When the People’s Procuratorate finds one of the following circumstances in a detention center executing criminal punishment on behalf of the concerned organ, it shall submit a recommendation for correction:

(1) the criminal serving a sentence when time remaining in the sentence is more than 3 months;

(2) to leave the juvenile criminals in the detention center for the execution of his criminal punishment;

(3) mix the criminals serving sentences in the detention center with other criminal suspects or defendants who have different terms of custody, administration, and education;

(4) other illegal circumstances.

Article 632: If the detention center’s illegal activities are minor, the prosecutor may submit a recommendation orally; if there is major illegal activity or the detention center does not make corrections within seven days of receiving the oral recommendation for correction, he or she shall report to the chief prosecutor for approval and, after approval, send a notice for correcting illegal activity to the detention center while, at the same time, sending one copy of the notice to a higher level People’s Procuratorate and another copy to a public security organ at a higher level than the public security organ with which detention center is affiliated.

If the detention center still does not make corrections or does not reply within 15 days of issuing the notice for correcting illegal activity, the People’s Procuratorate shall report to a higher level People’s Procuratorate in a timely manner. The higher level People’s Procuratorate shall report to the public security organ at the same level and urge that the detention center make corrections.

 

Section 8: Supervision of criminal judgments or rulings

Article 633: The People’s Procuratorate supervises execution of criminal judgment or decisions according to the law.

  The People’s Procuratorate’s inspection department for the detention facility shall be responsible for supervising the execution of criminal judgments or decisions.

Article 634: When the People’s Court finds that the defendant is innocent, exempt from criminal punishment, or should be sentenced to public surveillance, probation, fines, or deprivation of his/her political rights, the People’s Procuratorate shall supervise to determine whether the defendant is immediately released. If it finds that the defendant was not released immediately, the People’s Procuratorate shall submit a corrective recommendation to the People’s Court or detention center.

Article 635: When a criminal who is sentenced to death sentence is executed, the People’s Procuratorate shall send personnel to supervise the site.

The People’s Procuratorate’s inspection department from the detention facility shall be responsible for supervising the execution of a death sentence; when it is necessary, the detention facility’s inspection department shall study cases from the public prosecution department, and the public prosecution department shall provide relevant information.

The prosecutors shall supervise the execution of a death sentence and a secretary shall be dispatched to keep notes.

Article 636: After receiving the notice for supervising the execution of a death sentence from the People’s Court, the People’s Procuratorate shall check whether the People’s Court has received the decisions the Supreme People’s Court approving the death sentence, judgment or ruling for the death sentence, and order for executing the death sentence.

Article 637: The prosecutors supervising execution of the death sentence shall supervise whether the site and method of executing the death sentence and implementation of the death sentence execution are legal. If it finds one of these circumstances before execution of the death sentence, they shall suggest that the People’s Court stop execution immediately:

(1) if the person to be executed is not the criminal subject to the death sentence;

(2) if a criminal is younger than 18 at the time of committing the crime or is older than 75 at the time of trial, the death sentence should not apply according to the law;

(3) if the judgment may contain mistakes;

(4) If, before execution of the sentence, the criminal reports important criminal facts or renders other significant meritorious service, the sentence may need to be revised;

(5) If the criminal is pregnant.

Article 638: While executing the death sentence, site supervisors from the People’s Procuratorate may take pictures and video-recordings based on their needs; after execution of the death sentence, site supervisors from the People’s Procuratorate shall inspect whether the criminal is dead and complete a notice for site supervision concerning execution of the death sentence to be kept in case files after affixing their signature.

  If they find that the People’s Court violates laws or infringes on the personal or property rights of the executed criminal or the legal rights of his/her close relatives or heirs during execution of the death sentence, the People’s Procuratorate shall submit a corrective recommendation to the People’s Court.

Article 639: While executing a judgment or decision that a defendant should be sentenced to death with a two-year suspension, the People’s Procuratorate shall conduct the following types of supervision:

(1) upon the expiration of the execution suspension period: if it is consistent with the law that the criminal’s sentence be reduced to be life imprisonment or a fixed-term imprisonment, whether the prison submits suggestions commuting a sentence and requests that the People’s Court make a decision, and whether the People’s Court make a decision according to the law;

(2) if the criminal intentionally commits crimes while an execution is suspended, whether the prison investigates the case according to law and renders it to the prosecution; if the criminal does intentionally commit a crime, whether the People’s Court approves or rules to execute the death sentence according to the law.

If the criminal who has been sentenced to death with a two-year suspension of execution intentionally commits a crime during the suspension period and the enforcement organ renders the case to the People’s Procuratorate, the regional or city People’s Procuratorate where the criminal serves the sentence shall examine and decide whether to start a public prosecution.

If it is found that the People’s Court inappropriately reduced a criminal’s sentence who is sentenced to death with a two-year suspension of execution, the People’s Procuratorate shall submit a corrective recommendation to the People’s Court in accordance with Articles 653 and 654 of this Regulation. When a criminal intentionally commits a crime during the period in which a death sentence is suspended, after the People’s Procuratorate initiates a public prosecution, and if the People’s Court may grants a reduced sentence, the People’s Procuratorate should present a protest to the People’s Court in accordance with the Part 4, Chapter 14 of this Regulation.  

Article 640: If the People’s Procuratorate finds that one of the following illegal circumstances in delivery and execution by the People’s Court, public security organ, or detention center occurs, a corrective recommendation shall be submitted according to the law:

(1) The first instance People’s Court to which the criminal is transferred for execution of his criminal punishment did not deliver the legal documents, i.e. the judgment, ruling, a copy of the indictment issued by a People’s Procuratorate, a copy of the private prosecution, notice for execution, and a registration form for case completion given to the public security organ, prison or other execution organ within 10 days of the judgment or ruling becomes effective;

(2) Regarding criminals sentenced to death with a two-year suspension of execution, life imprisonment, or the fixed-term sentence in which the amount of time remaining in the sentence is no longer than three months, if a public security organ or detention center does not transfer the adult criminals to prison or juvenile criminals to a juvenile criminal rehabilitation institution to execute the criminal punishments within 30 days of receiving the legal document giving notice of execution from the People’s Court;

(3) Criminals for whom it is necessary to allow custody for the execution of criminal punishment, but was not in custody before the judgment or ruling came into effect, the first instance People’s Court did not take the criminal into custody or did not transfer him to a public security organ in a timely fashion, or served the legal documents, i.e. judgments, rulings, and notices for execution to the public security organ;

(4) Criminals for whom it is necessary to allow custody, but his or her whereabouts are uncertain or the public security organ does not arrest him/her or list him/her as wanted after receiving legal documents, i.e. judgment, ruling, and notice for execution from the People’s Court;

(5) a criminal sentenced to public surveillance or probation is not transferred or the People’s Court decides to temporarily serve his sentence outside of prison or to a community rehabilitation institution at his place of residence after the judgment or ruling comes into effect or after receiving the decision from the People’s Court; or a criminal deprived of political is not to transferred to the public security organ for his place of residence after the judgment or ruling comes into effect;

(6) Other illegal circumstances.

Article 641: If one of the following circumstances is found in prison regarding criminal custody, the People’s Procuratorate shall submit a corrective recommendation according to the law:

(1) The prison refuses to take a criminal into custody who should be transferred by the public security organ or detention center to prison for criminal punishment in accordance with Article 253 of the Criminal Procedure Law;

(2) Taking someone into custody without proper legal documents, i.e. criminal judgment or ruling, notice for execution, etc.;

(3) the criminal in custody does not qualify for the certificate taking him or her into custody;

(4) taking a criminal into custody who should not be taken into custody;

(5) other circumstances in which custody provisions are violated.

  If the prison refuses to take a criminal into custody who should be taken into custody according to the law, the People’s Procuratorate located in the place where public security organ or detention center transferring the criminal shall suggest that the People’s Procuratorate responsible for supervision over the prison present a written corrective recommendation to the prison.

Article 642: When the People’s Procuratorate discovers that a prison or detention center does not release the person whose sentence term has expired, but who should be released according to law or does not hand over a criminal who is approved for release on parole to be handed over to a community rehabilitation institution in the criminal’s residence, or does not hand over a criminal for supplementary punishment to deprive them of political rights after the completion of primary sentencing punishments who should be handed over to the public security organ in the criminal’s residential area or there is illegal activity such as releasing a criminal whose sentence has not expired without legal basis, a corrective recommendation should be submitted according to law.

Article 643: If one of the following circumstances occurs in prisons, detention centers, or the public security organ during sentences served temporarily outside of prison, the People’s Procuratorate shall submit a corrective recommendation according to the law:

(1) Allowing a temporary sentence served outside prison for a criminal who does not meet relevant legal requirements;

(2) the procedure for applying a temporarily served sentence outside of prison is not consistent with appropriate legal provisions or does not complete the legal formalities, or there is no certificate for diagnosis and evidentiary documents issued by the designated provincial level hospital for a criminal who needs to be released for medical parole;

(3) the prison or detention center presents a written recommendation for temporarily serving a sentence outside of prison, but does not send a copy of the written recommendation to the People’s Procuratorate at the same time;

(4) after it is decided or approved that a criminal temporarily serve his or her sentence outside of prison or that he/she shall be transferred to a community correction institution in his/her place of residence residential areas for community correction;

(5) for a criminal who meets conditions for temporarily serving his/her sentence outside of prison, but who did not to request to temporarily serve his/her sentence outside of prison according to the law;

(6) if it is found that a criminal does not meet the conditions for temporarily serving his or her sentence outside of prison, or he or she seriously violates provisions of the supervision and administration for temporarily serving his/her sentence outside of prison while so serving or if conditions for temporarily serving his/her sentence outside of prison are no longer met and the sentence term has not yet been completed, the criminal’s sentence should be continued in prison, but he is not to be taken into custody or the suggestion to take him or her into custody for the execution is not put forth;

(7) the People’s Court decides to take the criminal who temporarily served his or her sentence outside of prison into custody for continued execution and the prison or detention center does not take him into custody in a timely fashion after the relevant legal documents are rendered to the public security organ, prison, or detention center;

(8) if the criminal does not meet conditions for temporarily serving his or her sentence outside of prison, but temporarily serves his or her sentence outside of prison illegally, such as through bribery or escaping and the prison or detention center did not propose that the People’s Court exclude the period for temporarily serving his sentence outside of prison, or such a proposal is illegal or inappropriate;

(9) when the sentence term for the criminal temporarily serving his or her sentence outside of prison expires and formalities for releasing the sentence are not handled in a timely fashion;

(10) other illegal circumstances.

Article 644: After the People’s Procuratorate receives a copy of the written recommendation for temporarily serving his sentence outside of prison sent by the prison or detention center, the People’s Procuratorate shall conduct an examination case by case. If it finds that a criminal does not meet the legal conditions for temporarily serving his or her sentence outside of prison or the request for doing so is not consistent with legal procedure, the People’s Procuratorate shall present its recommendation in writing to the deciding or approving organ within 10 days while, at the same time, also submitting a corrective recommendation to the prison or detention center.

Article 645: The People’s Procuratorate shall conduct an examination after receiving the decision allowing temporarily serving the sentence outside of prison sent by the deciding or approving organ. The examination shall include:

(1) whether he or she is a criminal who is sentenced to fixed-term sentence or criminal detention;

(2) whether he or she is a criminal who needs to be released on parole for medical treatment because of a serious illness;

(3) whether she is a pregnant woman or a woman breast-feeding her own baby;

(4) whether he or she is unable to look after him or herself in the course of everyday life and if serving the sentence outside of prison would not endanger the community;

(5) whether he or she might endanger the community if he or she is released on parole for medical treatment or he injures him or herself or makes him or herself a disabled person;

(6) whether the deciding or approving organ complies with provisions in Paragraph 5, Article 254 of the Criminal Procedure Law;

(7) whether the concerned organ handles the formalities for temporarily serving a sentence outside of prison in a way that is consistent with legal procedure.

When the prosecutors examine a decision for temporarily serving a sentence outside of prison, they may obtain information and conduct investigations from the criminal’s work plan and relevant personnel.

Article 646: If the People’s Procuratorate finds that temporarily serving a sentence outside of prison is inappropriate after an examination, the prosecutors shall report to the chief prosecutor for approval within one month of receiving said notice and submit a corrective recommendation in writing from the deciding or approving. If a lower level People’s Procuratorate believes that this method for serving a sentence is inappropriate, the lower level People’s Procuratorate shall immediately report, level by level, to the People’s Procuratorate at the same level as the deciding or approving organ and present them a written recommendation.

Article 647 After the People’s Procuratorate presents the written recommendation objecting to temporarily serving a sentence outside of prison to the deciding or applying organ, it shall supervise the organ to re-examine the decision or approval of temporarily serving sentence outside prison and supervise whether the result of the re-examination is consistent with relevant legal provisions. If, after an examination, it is found to be inconsistent with legal provisions, a corrective recommendation shall be submitted according to the law and a report shall be submitted to the higher level People’s Procuratorate.

Article 648: Regarding criminals who temporarily serve their sentence outside of prison, if the People’s Procuratorate finds they does not meet with the conditions thereof, they seriously violate the regulations for supervising and administering this type of sentence, or the criminal’s sentence term has not expired once the conditions for temporarily serving their sentence outside of prison is no longer met, the People’s Procuratorate shall instruct the executing organ to take him into custody, or a put forth a suggestion that the deciding or approving organ take him into custody

Article 649: After the People’s Procuratorate receives a copy of a suggestion for commutating a sentence or release on parole sent by the executing organ, it shall conduct examinations on a case by case basis. If it is found that the suggestion is inappropriate or does not comply with legal procedure, the People’s Procuratorate shall present a recommendation to that effect in writing to the People’s Court trying the case within 10 days while, at the same time, presenting a written corrective recommendation to the executing organ.

Article 650: If the People’s Procuratorate finds that one of the following circumstances exist when the executing organ, i.e. prison, requests that the People’s Court commute the sentence or provide release on parole, a corrective recommendation shall be submitted according to the law:

(1) to request that the People’s Court commute a sentence or provide release on parole for a criminal who does not meet the legal conditions for either;

(2) not to request that the People’s Court commute a sentence or provide release on parole for a criminal who meets the legal conditions for either;

(3) the request for a criminal’s commutation or release on parole is inconsistent with legal procedure or lacks complete legal formalities;

(4) the request for a commutation is inconsistent with relevant provisions on the extent, starting time, or duration of commutation or the duration for release on parole after commutation;

(5) the criminal’s actual sentencing term or the term of parole after commutation or release on parole is inconsistent with relevant legal provisions;

(6) Other illegal circumstances.

Article 651: People's courts holding in-court proceedings for commutation and parole cases shall notify the people's procuratorate, the enforcement organ and also the person submitted for commutation or parole, to participate in the hearing.

Article 652: After the People’s Procuratorate receives a copy of the ruling on commutation or release on parole made by the People’s Court, it shall make a timely examination. The examination shall include:

(1) whether a criminal eligible for commutation or release on parole meets the legal conditions, whether the commutation is consistent with legal provisions on the extent or duration of commutations, for release on parole after commutation, or sentencing term of actual execution after commutation;

(2) whether the procedure used by the execution organ to request commutation or release on parole is legal;

(3) whether the procedure with which the People’s Court tries or rules on commutation or release on parole is legal;

(4) whether the People’s Court should try the case for commutation or release on parole in open sessions according to relevant provisions.

When the prosecutors examine the ruling on commutation or release on parole made by the People’s Court, they may conduct investigation and obtain evidence from the criminal’s work unit and other concerned persons.

Article 653: If the People’s Procuratorate believes that a decision for commutation or release on parole made by the People’s Court is undue after an examination, it shall report as such to the chief prosecutor for approval within 20 days of receiving the decision and then send a written corrective recommendation to the People’s Court which ruled on commutation or release on parole.

Article 654: Corrective recommendations on decisions for commutation or release on parole made by the People’s Court shall be submitted in writing by the People’s Procuratorate at the same level to the People’s Court that ruled on the commutation or release on parole.

If it finds that the People’s Court’s decision for commutation or release on parole was undue, the lower level People’s Procuratorate shall report to a People’s Procuratorate at the same level as the People’s Court that ruled on commutation or release on parole.

Article 655: After the People’s Procuratorate presents corrective recommendation on the People’s Court’s ruling for commutation or release on parole, it shall supervise whether the People’s Court reconvenes a collegial panel within one month of receiving the corrective recommendation for correction and whether new rulings made by the People’s Court are consistent with the legal provisions. If the final ruling is not consistent with legal provisions, a corrective recommendation shall be submitted to the People’s Court at the same level.

Article 656: When the People’s Procuratorate discovers that a prison or detention center does not release the person whose sentence term has expired, but who should be released according to law or does not hand over a criminal who is approved for release on parole to be handed over to a community rehabilitation institution in the criminal’s residence, or does not hand over a criminal for supplementary punishment to deprive them of political rights after the completion of primary sentencing punishments who should be handed over to the public security organ in the criminal’s residential area or there is illegal activity such as releasing a criminal whose sentence has not expired without legal basis, a corrective recommendation should be submitted according to law.

Article 657: The People’s Procuratorate shall supervise the public security organ’s execution of the deprivation of political rights. If any illegal circumstances are found, i.e. the public security organ does not execute the decision according to the law or a written notice is not sent to the criminal, his or her work place, and local organizations at his or her residence upon the expiration of such punishment, it shall submit a corrective recommendation.

Article 658: The People’s Procuratorate will supervise activities that the People’s Court executes, i.e. fines and confiscation of property and the forfeiture of illegal incomes and other properties involved in a case while judgments or rulings and being executed according to the law. If it is found that the People’s Court should execute a decision according to the law but has not done so or that execution undertaken by the Court is undue, forfeited property is not turned to the treasury, or there are other illegal circumstances during execution, a corrective recommendation shall be submitted according to the law.

Article 659: The People’s Procuratorate shall supervise execution activities undertaken by community rehabilitation institutions according to the law. If one of the following circumstances is found, a corrective recommendation shall be submitted to the community rehabilitation institution according to the law:

(1) not receiving the person sentenced to community rehabilitation according to the law;

(2) to approve that the person subject to community rehabilitation may leave the city or county of residence against legal provisions or to approve that he or she may enter special regions or sites, thus violating provisions of the People’s Court’s injunction;

(3) not to supervise or mange according to the law, resulting in the person subject to community rehabilitation to escape;

(4) not to request that public security organs impose punishment according to law in a timely manner when the person subject to community rehabilitation violates provision of supervision and administration or injunction orders from the People’s Court and should, thus, be punished by security administration organs according to the law;

(5) not to withdraw a suggestion for probation or release on parole to the People’s Court in a timely fashion if the criminal on probation or released on parole violates the law, administrative regulations and provisions of the supervision and administration for release on parole, or injunction orders from the People’s Court when it should be withdrawn;

(6) not to present a suggestion to take responsibility for executing decisions or approval for temporarily serving a sentence outside of prison from the organ that made such a decision under one of the circumstances listed in Paragraph 1, Article 257 of the Criminal Procedure Law;

(7) not to present suggestions for commutation to the People’s Court in a timely fashion according to the law for persons subject to community rehabilitation in conformity with the legal conditions for commutation;

(8) to infringe on the legal rights of persons subject to community rehabilitation such as assault and battery, corporal punishment, abuse, humiliation, or to forcing him or her to participate in community service for a duration that exceeds his or her personal strength;

(9) Other illegal circumstances.

If the People’s Procuratorate finds that the People’s Court does not decide on probation or release on parole according to the law in a timely fashion for a criminal that the People’s Court should have withdrawn from probation or release on parole, if the criminal does not meet the conditions for temporarily serving his or her sentence outside of prison due to illegalities, such as bribery, if there is an error in how the sentencing term is calculated for criminals who escape while temporarily serving his or her sentence outside of prison, or if the organ which has the power to decide or approve temporarily serving a sentence outside of prison does not decide to take him or her into custody according to the law in a timely fashion, the People’s Procuratorate shall submit a corrective recommendation according to the law.

Article 660: Supervision over other illegal activities in which a People’s Court, public security organ, detention center, prison, or community rehabilitation institution hands over a criminal for execution, executes criminal punishment, or decides upon a criminal judgment or ruling shall be conducted by referencing provisions in Article 632 of this Regulation.

 

Section 9: Oversight of the implementation of Compulsory Treatment.

Article 661: The people’s procuratorates supervise whether the implementation of compulsory treatment is legal.

The prison inspection department of the people’s procuratorate will carry out the supervision of compulsory treatment

Article 662: People’s procuratorates oversee the delivery of persons for implementation of compulsory treatment. If unlawful conditions such as a failure by the transfer organ to make prompt delivery are discovered, a corrective opinion shall be submitted in accordance with law.

Article 663: If during the course of overseeing compulsory treatment a peoples procuratorate discovers that a person receiving compulsory treatment does not meet the requirements for compulsory treatment or must be lawfully prosecuted for criminal responsibility, or the people’s court’s compulsory decision may have been in error, it shall , within 5 days and with the chief procurator’s permission, send the relevant materials to the people’s procuratorate at the same level as the court that made the compulsory treatment decision. The prosecution department of the people’s procuratorate receiving the materials shall perform a review within 20 days and feedback the circumstances of the review and suggestions for handling it to the people’s procuratorate supervising the compulsory treatment.

Article 664: People’s procuratorates discovering one of the following conditions at a compulsory treatment institution shall issue a corrective opinion in accordance with law:

1. Refusal to receive and treat a person subject to compulsory treatment who should be received for treatment.

2. Imperfect or incomplete legal documents for receipt and treatment or other procedures.

3. Failure to follow laws, administrative regulations and other rules to carry out treatment required by the person subject to compulsory treatment

4. Beating, physically punishing, and mistreating or covertly physically punishing and mistreating, or using restraints on or restraining the person subject to compulsory treatment or otherwise violating the person subject to compulsory treatment’s rights.

5. Failure to diagnose and assess the person subject to compulsory treatment in the designated time period.

6. Failure to timely submit an opinion for terminating treatment to the people’s court that made the compulsory treatment decision when a person under compulsory treatment does not need to continue the compulsory treatment.

7. Failure to timely review a request for termination of compulsory treatment submitted by the person subject to compulsory treatment, his legally-designated representative or close relative; or failure to transfer it to the people’s court that made the compulsory treatment decision.

8. Failure to immediately complete paper work for terminating compulsory treatment after a people’s court issues a decision to end the compulsory treatment

(9) Other illegal circumstances.

Reference Article 632 for oversight of unlawful conduct by compulsory treatment establishments.

Article 665: The people’s procuratorate should accept the accusations, reports and appeals from the person subject to compulsory treatment, his close relatives or legally-designated representative, and promptly review them. If the persons making the accusation, report or appeal requests to know of the outcome, the prison inspection department of the people’s procuratorate shall report back the circumstances of the investigation in writing within 15 days.

When the prison inspection department of the people’s procuratorate is unpersuaded by an appeal from compulsory treatment and finds that the original decision was correct and the reason for appeal unjustified, it may directly inform the appellant of this result; if it finds that the original decision may have been incorrect and the re-examination is necessary, it shall transfer it for handling by the prosecution department of the people’s procuratorate at the same level as the people’s court that made the compulsory treatment decision.

Article 666: After he prison inspection department of the people’s procuratorate receives an application for termination of compulsory treatment from the person subject to compulsory treatment, his close relatives or legally-designated representative, it shall promptly send it to the compulsory treatment establishment for review and oversee whether or not the compulsory treatment establishment promptly reviews and the legality of its handling.

Article 667: People’s procuratorates overseeing the enforcement of a people’s court authorization to terminate compulsory treatment shall submit a corrective opinion to the court when it discovers that the court’s decision may be improper.

 

Chapter XV: Case Management

Article 668: The case management department of the People’s Procuratorate shall handle uniform acceptance, process monitoring, case evaluation and examination, statistical analysis, information inquiry, and comprehensive checks and evaluations on cases handled by the Procuratorate and also handle the management, supervision, and preemptive warnings concerning the maximum duration, procedure, and quality of case handling.

Article 669: If the case management department of the People’s Procuratorate finds that the case handling department or the person handling the case in the People’s Procuratorate qualifies for less than one of the following circumstances, a corrective recommendation shall be submitted in a timely manner:

(1) The sealing, seizure, freezing, custody, or disposal of properties involved in the case is inconsistent with relevant laws and provisions;

(2) legal documents are obviously used inappropriate or incorrectly;

(3) the case is not completed and has past the maximum time allowed for handling a case;

(4) to infringe the litigation rights of a party, defender, or agent ad litem;

(5) not performing legal supervision over litigation activities such as filing a case, investigations, examinations of an arrest, public prosecution, trial, and other illegal activities during enforcement according to the law;

(6) other circumstances of illegally handling a case.

If the case is minor, the case management department may orally point out issues to the department or persons handling the case; if the case is relatively important, the case management department shall send a notice regarding process monitoring to the case handling department to propose that it clearly investigate the matter in a timely fashion and make corrections; if the case is important, the case management department shall send a notice regarding process monitoring to the case handling department and report to the chief prosecutor.

The case handling department should send a reply regarding examinations to the case management department in writing within 10 days of receiving the notice of case process monitoring.

Article 670: The case management department of the People’s Procuratorate carries out supervision and administration for legal documents made and issued in the name of this Procuratorate.

Article 671: If it is necessary to render files to another unit after a case is handled by the People’s Procuratorate, the case management department shall uniformly examine whether the materials to be rendered are in order and complete. If the case management department finds that the materials are in order, complete, and consistent with the condition of rendered files, it shall instruct the concerned department to render the files in accordance with relevant provision; if it is deemed that the materials are not consistent with relevant requirements, the case management department shall notify the case handling department to provide supplements or corrections in a timely fashion.

Article 672: When investigation organs, i.e. public security, render a case for examination and prosecution, it shall transfer the properties involved in the case and the assets accruing therefrom, the case management department of the People’s Procuratorate shall conduct an examination when the case is accepted and handle the formalities for putting property in storage in a timely fashion.

Article 673: After the case handling department of the People’s Procuratorate seizes, impounds, or freezes property the assets accruing therefrom, the department shall immediately save the seized money in a special account, transfer the impounded objects to the case handling department to complete the formalities for putting them into storage, and hand over seized, impounded, or frozen property involved in the case to the case management department for registration in no more than three days except when otherwise provided by laws and relevant regulations.

Article 674: The case management department of the People’s Procuratorate shall be responsible for storing impounded property involved in the case, supervising and administering the process of seizing, impounding, freezing, and disposing of properties involved in the case, and submitting a corrective recommendation regarding violations of regulations; with regard to illegal acts or serious violations of discipline, the case shall be rendered to the department of discipline inspection and supervision.

Article 675: When the case handling department from the People’s Procuratorate needs to transfer, render, or dispose of the seized, impounded, or frozen properties involving in the case, it shall go through examination and approval in accordance with the regulations. Once formalities for examination and approval are complete, the case management department shall go through the formalities for removing objects from storage.

 

Chapter XVI Criminal judicial assistance

Section 1: Ordinary Provisions

Article 676: If there exists an international convention acceded to or concluded by the People’s Republic of China, the People’s Procuratorate shall provide judicial assistance according to provisions under the convention thereof, except for provisions and clauses for which the PRC; if there are no relevant conventions, it shall be dealt with by diplomatic means following the principle of reciprocity.

Article 677: The People’s Procuratorate should provide judicial assistance to competent authorities of relevant countries based on respecting state sovereignty, equality, and mutual benefit.

Article 678: The issue of criminal liability for foreigners entitled to diplomatic privileges and immunity shall be resolved through diplomatic means.

Article 679: The scope of judicial assistance to the People’s Procuratorate includes criminal investigation and collection of evidence, serving criminal litigation documents, reporting results of criminal litigation, handing over material, documentary, and audio-visual evidence, detaining and rendering illicit money and goods, and other judicial assistance stipulated by law and international convention.

Article 680: Extradition cases are subject to national laws and regulations on extradition.

Article 681: People’s Procuratorate shall provide judicial assistance for foreign countries and handle judicial assistance in accordance with procedures stipulated in relevant laws of the PRC. According to international conventions, presuming that it is consistent with the legal provision of the PRC, the People’s Procuratorate may follow procedures listed in the request letter of the requesting party.

Article 682: If the matters requested by a foreign authority are against the sovereignty, safety, and public interest, of the People’s Republic of China or violate China’s law, the People’s Procuratorate shall not provide assistance; if the matter is not within the jurisdiction of the People’s Procuratorate, the People’s Procuratorate shall return or render the request to the concerned authority and explain its reasoning.

Article 683: The Supreme People’s Procuratorate is the supreme competent organ of all Procuratorates that may provide judicial assistance. It is also the central authority in China for providing judicial assistance according to international conventions.

Local People’s Procuratorates at all levels are the competent organs for carrying out judicial assistance according to the division of their responsibilities and duties.

Article 684: When judicial assistance is provided between the People’s Procuratorate and other countries, it shall be carried out through contact or diplomatic channels in accordance with provisions in conventions regarding judicial assistance concluded by the PRC and the concerned countries.

Article 685: 有关司法协助条约规定最高人民检察院为司法协助的中方中央机关的,由最高人民检察院直接与有关国家对应的中央机关联系和转递司法协助文件及其他材料。

When the concerned judicial assistance convention prescribes other organs as China’s central organ, the local People’s Procuratorates at all levels shall contact and forward judicial assistance documents and other materials to [concerned countries] through the Supreme People’s Procuratorate.

Article 686: If other authorities need foreign judicial assistance through the Supreme People’s Procuratorate, they should contact the Supreme People’s Procuratorate through their supreme competent authorities.

Article 687: If judicial assistance is needed between the PRC and countries that do not have a judicial assistance agreement with the RPC, the assistance shall be carried out based on the principle of mutual benefit through diplomatic channels or may be conducted following common practice.

For specific procedures refer to the provisions of this chapter.

Article 688: If a People’s Procuratorate needs to arrest criminals or obtains materials through an international criminal police organization, the People’s Procuratorate shall prepare the application and report, level by level, to the Supreme People’s Procuratorate for examination and handling jointly with other organs.

Article 689: When the People’s Procuratorate in a border region carries out judicial cooperation with judicial organs in adjacent countries, they may follow common practice or relevant provisions as long as it is consistent with the relevant convention, agreement, and China’s law and providing that it shall be reported to the Supreme People’s Procuratorate for archival purposes.

Article 690: When conducting judicial cooperation between the People’s Procuratorate in a border region and judicial organs in adjacent countries, they may make an arrangement with regard to the specific affairs of the case and develop friendly exchange activities.

Section 2: Judicial assistance provided by the People’s Procuratorate

Article 691: The Supreme People’s Procuratorate accepts requests for judicial assistance presented by a foreign country through a contact or diplomatic channel as stipulated in relevant international conventions.

Article 692: The request letter for judicial assistance and attachments provided by a concerned foreign organ to a People’s Procuratorate shall be attached with a Chinese translation or translation into the language stipulated in relevant international conventions.

Article 693: After the Supreme People’s Procuratorate receives a request for judicial assistance as presented by one foreign party to the convention, an examination shall be conducted in accordance with laws of the PRC and relevant conventions of judicial assistance. If it is consistent with provisions in the convention and the attached materials are complete, the Supreme People’s Procuratorate shall render it to the provincial, autonomous region, or provincial level municipalities’s People’s Procuratorate for handling or designate a concerned People’s Procuratorate or the concerned organ designated by another relevant supreme competent authority for handling. If it is not consistent with the convention or relevant legal provision, the Supreme People’s Procuratorate shall return the notification of non-compliance to the requesting party through the channels by which it was received; if the attached materials are not complete, the requesting party shall be ordered to provide supplements.

Article 694: The provincial, autonomous region, or provincial level municipality’s People’s Procuratorate, after receiving the request for judicial assistance and attached materials rendered by the Supreme People’s Procuratorate, may directly handle or designate to a relevant People’s Procuratorate to carry out judicial assistance.

Article 695: After the People’s Procuratorate responsible for executing the request for judicial assistance receives a letter requesting judicial assistance and its attached materials, it shall arrange for execution and report the results thereof and related materials in the form and language stipulated in the convention to the provincial, autonomous region, or provincial level municipality’s People’s Procuratorate for examination, who will then report to the Supreme People’s Procuratorate.

Where it’s impossible to provide judicial assistance, the People’s Procuratorate shall submit the request for judicial assistance letter, attached materials, and its reasoning to the Supreme People’s Procuratorate through People’s Procuratorates at the province, autonomous region, and provincial level municipality.

Where it is difficult for the People’s Procuratorate to carry out the request because the address provided in the request letter is not detailed or the materials are not complete, the People’s Procuratorate shall immediately require, through the Supreme People’s Procuratorate, that the requesting party provide supplemental materials.

Article 696: The Supreme People’s Procuratorate shall examine results from the execution. If it is consistent with requirements of the request and relevant regulations, the Supreme People’s Procuratorate shall forward it to the foreign party.

Article 697: When the foreign party to the convention requests that the Procuratorate provide judicial assistance through another central authority of the PRC, the other central authority of the PRC will forward the request and attached documents to the Supreme People’s Procuratorate to handle the matter in accordance with provisions of this Section.

 

Section 3: Requests for Judicial Assistance to other Nations by the People's Procuratorates.

Article 698: If a local People’s Procuratorate of any level needs to request a foreign party to a convention for judicial assistance, it shall provide the request for judicial assistance letter, investigation guideline, attached documents, and translations thereof. After examination and approval by the provincial People’s Procuratorate, the request shall be reported to the Supreme People’s Procuratorate.

The request letter and its attachments shall provide specific and accurate clues, evidence, and other materials. If there is a convention between the PRC and the country in question, the request letter and attached materials shall be translated into the language prescribed in that convention. If there is no convention between the PRC and country in question, the request and attachment shall be prepared in the official language of that country or with a translation in an acceptable language to the requested country.

Article 699: After the Supreme People’s Procuratorate receives materials sent by a local People’s Procuratorate at any levels requesting that foreign party to a convention provide judicial assistance, it shall conduct an examination in accordance with the concerned convention. If it is consistent with provisions of the convention and the attached materials are complete, the Supreme People’s Procuratorate shall forward the request to the central authority of the other party to the convention with the aforementioned materials or render them to other central organ of the PRC to handle the matter. If it is found to be inconsistent with provision under the convention or the materials are not complete, the Supreme People’s Procuratorate shall return the request to the People’s Procuratorate presenting the request for supplements or amendment.

Article 700: If it is necessary to go to a foreign country to investigate and collect evidence, the People’s Procuratorate undertaking the case shall verify basic facts, such as foreign witnesses or criminal suspect’s specific residence, address, and communication method, make an investigation outline, report level by level to the People’s Procuratorate at the provincial level for examination, and then report to the Supreme People’s Procuratorate after provincial approval. The Supreme People’s Procuratorate shall send the request letter to the concerned country through judicial assistance or diplomatic channels and will handle evidence collection abroad following relevant procedures with consent from the requested country

 

Section 4: Term and expenses

Article 701: The People’s Procuratorate providing judicial assistance shall comply with the terms indicated in the request letter, if there are any. If there are no fixed terms, the investigation and collection of evidence shall generally be completed within three months. The delivery of criminal litigation documents shall generally be completed within 30 days.

If it is unable to complete the task as scheduled, it shall state the circumstance and reasons and report level by level to the Supreme People’s Procuratorate so as to communicate with the requesting party.

Article 702: When the People’s Procuratorate provides criminal judicial assistance and it is necessary to charge some expenses to the requesting party in accordance with provisions of the concerned convention, the People’s Procuratorate shall report the expenses and bill to the Supreme People’s Procuratorate together with results of carrying out judicial assistance, all of which is to be forwarded to the requesting party. After the Supreme People’s Procuratorate receives the aforementioned expenses, it shall immediately transfer to them to the concerned People’s Procuratorate.

Article 703: When the People’s Procuratorate requests that foreign country provide the judicial assistance and pays the expenses in accordance with provisions of the convention, the Supreme People’s Procuratorate shall immediately deliver the bill to the People’s Procuratorate for payment upon delivery.

 

Chapter XVII: Supplementary Provisions

Article 704: The concerned provisions under this Regulation are applicable to the supervision of criminal cases which have been rendered by state security organs, transferring crime investigation organs, or prisons and are handled by the People’s Procuratorate and the filing a cases for investigation by state security organs, transferring crime investigation organs, or prison.

Article 705: This Regulation and other concerned provisions are applicable to the criminal cases handled by the special People’s Procuratorate, such as the military procuratorate

Article 706: Cases directly filed by the People’s Procuratorate for investigation are under the supervision of People’s Supervisors following procedures in the relevant rules of this Regulation.

Article 707: This Regulation has the power to effect judicial interpretation and the Supreme People’s Procuratorate is responsible for its interpretation.

Article 708: This Regulation will come into force as of January 1, 2013. The Criminal Procedural Rules of the People’s Procuratorate promulgated by Supreme People’s Procuratorate on January 18, 1999 will be void at the same time. If there is any discrepancy between this Regulation and judicial interpretation or legal documents previously issued by the Supreme People’s Procuratorate, these Regulations shall prevail.

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