Organic Law of the People's Procuratorates of the P.R.C. (Draft Revision) (Draft for Second Deliberation)

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Contents

Chapter I: General Provisions

Chapter II: The Setup and Authority of People's Procuratorates

Chapter III: The Case-handling organization of People's Procuratorates

Chapter IV: Component Members and Other Personnel of the People’s Procuratorates

Chapter V: Safeguards for the people's procuratorates' exercise of authority

Chapter VI: Supplemental Provisions

Chapter I: General Provisions

Article 1: This law is formulated on the basis of the Constitution, so as to standardize the setup, organization, and authority of the people's procuratorates, and to safeguard the people's procuratorates' performance of duties in accordance with law.

Article 2: The people's procuratorates of the the State's organ for legal supervision.

Through the exercise of procuratorial power, the people's procuratorates prosecute crimes, preserve national security and social order, safeguard the lawful interests of individuals and organizations, preserve State interests and social public interests, ensure the correct implementation of laws, preserve social fairness and justice, preserve the uniformity, dignity, and authority of the nation's laws, and ensure the smooth progress of building socialism with Chinese characteristics.

Article 3: People's procuratorates are to be established in accordance with the Constitution, laws, and decisions of the Standing Committee of the National People's Congress.

Article 4: The people's procuratorates shall exercise the procuratorial power independently in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 5: In exercising procuratorial power, people's procuratorates are to apply the law equally to all, must not permit any privilege beyond the law, and are prohibited from engaging in any form of discrimination.

Article 6: People's procuratorates uphold judicial fairness; take facts as their basis and have law as their measure; follow legally prescribed procedures; and respect and protect human rights.

Article 7: People's procuratorates practice judicial openness, except where law provides otherwise.

Article 8: People's procuratorates are to implement judicial responsibility systems, establishing and completing operating mechanisms for the judicial powers that integrate power and responsibility.

Article 9: Citizens enjoy the rights to know of, participate in, and supervise the work of the people's procuratorates in accordance with law.

Article 10: The Supreme People’s Procuratorate is responsible to, and reports on its work to, the National People’s Congress and its Standing Committee. Local people's procuratorates are responsible to, and report on their work to, the local people’s congresses at corresponding levels and their standing committees.

Standing committees of people's congresses at all levels conduct oversight of the work of the people's procuratorates at corresponding levels.

Article 11: The Supreme People's Procuratorate 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.

Chapter II: The Setup and Authority of People's Procuratorates

Article 12: The people's procuratorates are divided into:

(1) The Supreme People's Procuratorate [typo in orginal Chinese '最尚人民检察院']

(2) Various levels of local people's procuratorates;

(3) Military procuratorates and other specialized people's procuratorates.

Article 13: The various levels of local people's procuratorates are divided into provincial-level people's procuratorates, municipal people's procuratorates, and basic-level people's procuratorates.

Article 14: The organization, scope of case jurisdiction, and appointment and removal of procuratorates of the people's procuratorates established in the Xinjiang Autonomous Region Construction and Production Corps, are to be in accordance with relevant provisions of the Standing Committee of the National People's Congress.

Article 15: The establishment, organization, functions, and appointment and removal of procurators of specialized procuratorates are to be prescribed by the Standing Committee of the National People's Congress.

Article 16: The people's procuratorates exercise the following authority:

(1) Exercise investigative powers in criminal cases that the law provides they are to handle;

(2) Conduct reviews of criminal cases, approving or deciding whether to arrest criminal suspects;

(3) Conduct reviews of criminal cases, decide whether to initiate public prosecutions, and support public prosecutions in cases where they decide to indict;

(4) Conduct legal supervision of criminal, civil, and administrative proceedings;

(5) Conduct legal supervision of the enforcement of criminal, civil, and administrative verdicts, judgments, and other such effective legal documents;

(6) Conduct legal supervision of law enforcement activities of prisons and detention centers;

(7) Initiate public interest litigation in accordance with the provisions of law;

(8) Other functions provided for by law.

Where people's procuratorates, in the course of exercising aforementioned authorities, discover that administrative organs engage in acts of illegally exercising authorities or not exercising authorities, they shall urge them to make corrections.

Article 17: People's procuratorates exercising legal supervision authority may employ methods such as submitting procuratorial counter-appeals, corrective opinions, and procuratorial recommendations. The scope of application and procedures for methods such as procuratorial counter-appeals, corrective opinions, and procuratorial recommendations are to follow the relevant provisions of law.

Article 18: People's procuratorates shall strengthen guidance and supervision in criminal cases that the law provides they are to investigate. Where violations of law are suspected in investigative activities , investigation and verification shall be conducted, and the unlawful circumstances shall be handled in accordance with law.

Article 19: The Supreme People's Procuratorate is the highest procuratorate organ, in addition to carrying out the authority provided for in article 16 of this law, it also has the authority to conduct supervision of the Supreme People's Court's activity in death penalty reviews, to review cases submitted for verification that they should be pursued and to decide whether to pursue them.

Article 20: The Supreme People's Procuratorate conducts interpretation of specific issues on the application of law in procuratorate work.

The Supreme People's Procuratorate may issue guiding cases for procurators to reference when handling cases.

Article 21: Provincial level people's procuratorates include:

(1) Provincial people's procuratorates;

(2) Autonomous regions' people's procuratorates;

(3) Directly governed municipalities' people's procuratorates.

Article 22: Municipal people's procuratorates include:

(1) people's procuratorates of municipalities directly under the jurisdiction of a province or autonomous region;

(2) Branch procuratorates of provincial, autonomous region, or directly governed municipality people's procuratorates;

(3) Autonomous prefectures' people's procuratorates.

Article 23: Basic level people's procuratorates include:

(1) People's procuratorates of counties and autonomous counties;

(2) People's procuratorates of undistricted municipalities;

(3) People's procuratorates of municipal districts.

Article 24: Provincial and municipal level people's procuratorates may establish people's procuratorates in designated areas in their jurisdictional region, to be local offices, with the consent of the Supreme People's Procuratorate and the relevant provincial level departments, and upon submission to the standing committee of the people's congress at that level.

Article 25: On the basis of the requirements of procuratorial work, people's procuratorates may establish procuratorate offices in locations such as prisons, to exercise part of the people's procuratorate's power.

Provincial level people's procuratorates establishing procuratorate offices shall do so upon the consent of the Supreme People's Procuratorate and relevant provincial level departments. Municipal level people's procuratorates and basic level establishing procuratorate offices shall do so upon the consent of the Supreme People's Procuratorate and relevant provincial level departments.

Article 26: People's procuratorates are to establish necessary operations bodies as required for procuratorial work. Municipal and basic level people's procuratorates where the number of procurators is smaller may establish comprehensive operational bodies.

Article 27: The people's procuratorates may establish necessary procuratorial support bodies and administrative management bodies as required for procuratorial work.

Article 28: Higher level people's procuratorates exercise the following authority over lower level people's procuratorates:

(1) Where the lower level people's procuratorate's decision is found to be in error, order the lower level people's procuratorate to make corrections or revoke and modify it in accordance with law;

(2) may designate jurisdiction for cases in the jurisdiction of lower-level people's procuratorates;

(3) may handle cases in the jurisdiction of lower level people's procuratorates;

(4) may uniformly shift handling of cases by procurators in their jurisdictional region.

The decision of the higher level people's procuratorates shall be issued in written form.

Article 29: Lower level people's procuratorates shall enforce the decisions of higher level people's procuratorates; and where there are differing opinions, may report these to the higher level people's procuratorate while so enforcing.

Article 30: People's supervisors are to carry out supervision of people's procuratorates' handling of criminal cases in accordance with provisions.

Chapter III: The Case-handling organization of People's Procuratorates

Article 31: On the basis of the circumstances of the case, people's procuratorates handling cases may have a single procurator handle it alone, and may also have two or more procurators for a case handling group to handle it.

Where procuratorial case handling groups handle it, the chief procurator shall designate one procurator to be the head procurator to organize and direct the handling of the case.

Article 32: Procurators carry out work under the direction of the chief procurator, with the chief procurator deciding on major case handling matters. The chief procurator may entrust procurators with the exercise of a portion of some authority and may authorize procurators to sign legal documents.

Article 33: All levels of people's procuratorate are to establish a procuratorial committee. The task of procuratorial committees is to summarize procuratorial work experience, discuss and decide on major or difficult cases, and other major issues.

The Supreme People's Procuratorate's interpretations of issues on the specific application of law in procuratorial work, or publication of guiding cases, shall be upon discussion and adoption by the procuratorial committee.

The procuratorial committee is comprised of the chief procurator, deputy chief procurators, and other senior procurators, and has an odd number of members.

Article 34: Meetings of the procuratorial committee shall have more than half of the committee members present to convene. Meetings of the procuratorial committee committee are presided over by the chief procurator or a deputy chief procurator entrusted by the chief procurator. The procuratorial committee carries out a system of democratic centralism.

Where the chief procurator of any level of local people's procuratorate does not agree with the majority opinion of the procuratorial committee on case handling, they may report to the people's procuratorate at the level above for a decision; where it is on a major matter, they may report to the people's procuratorate at the level above, or the standing committee of the people's congress at the same level, for a decision.

Article 35: Procurators may submit major cases and other major questions to the procuratorial committee for discussion, and the chief procurator will decide whether to convene a meeting of the procuratorial committee.

In cases discussed by the procuratorial committee, procurators are responsible for the facts they report and the members of the procuratorial committee are responsible for the comments they express themselves and their vote. Procurators shall implement the procuratorial committee's decision.

Article 36: People's procuratorates are to implement procurator case handling responsibility systems. Procurators are responsible for decisions the make on cases within the scope of their authority. Where chief procurators and procuratorial committees make decisions on cases, they bear corresponding responsibility.

Chapter IV: Component Members and Other Personnel of the People’s Procuratorates

Article 37: People’s procuratorates are composed of a single chief procurator, deputy chief procurators, procuratorial committee members, and other procurators.

Article 38: The chief procurators of people's procuratorates lead the work of that procuratorate, and manage that procuratorate's administrative affairs. Deputy chief procurators assist in the chief procurator's work.

Article 39:The Procurator-General of the Supreme People’s Procuratorate is elected and removed by the National People’s Congress; its Deputy Procurators-General, members of the procuratorial committee and procuratorate personnel are appointed and removed by request of Procurator-General to the Standing Committee of the National People's Congress.

Article 40:The chief procurators of each level of local people’s procuratorate are elected and removed by that level of People’s Congress, and their deputy chief procurators, procuratorial committee members, and procuratorial personnel are appointed or removed by request of the chief procurator to the Standing Committee of that level of People’s Congress.

The appointment and removal of chief procurators of each level of local people’s procuratorate must be reported to people's procuratorate at the level above for approval to be requested from the standing committee of the people's congress at that level.

The chief procurators, deputy chief procurators, and procuratorial committee members, and procuratorate personnel of provincial, autonomous region, or directly governed municipality people’s procuratorates are appointed or removed by request of the provincial, autonomous region, or directly governed municipality people's procuratorate's chief procurator to the Standing Committee of that level of People’s Congress.

Article 41: The term of office of chief procurators of people's procuratorates is the same as that of people’s congress delegates that produced them.

The Standing Committee of the National People's Congress and the standing committees of provincial, autonomous region, or directly governed municipality people's congresses may dismiss and replace lower level people's procuratorates' chief procurators, deputy chief procurators, and procuratorial committee members, on the basis of the recommendation of the recommendation of the chief procurator of the people's procuratorate at their level.

Article 42: Categorical management is implemented for people's procuratorates' procurators, procuratorial support staff, and judicial administrative personnel.

Article 43:A personnel ratio system is implemented for procurators. The personnel ratio of procurators is determined on the basis of factors such as the level of people's procuratorate, the case volume, as well as the economic and social development situation and population.

The number of procurators in the Supreme People's Procuratorate is determined by the Supreme People's Procuratorate in consultation with relevant departments. The personnel ratio of procurators for all levels of local people's procuratorate is subject to total volume control and dynamic management in provinces, autonomous regions, and directly governed municipalities.

Article 44:Procurators are selected from among those that have obtained legal professional qualifications and meet other requirements for procurators. Newly appointed procurators must be professionally reviewed by the procurator selection committee. Preference is general given to procurators of lower level people's procuratorates in selecting higher level people's procuratorates' procurators.

The chief procurator shall possess legal knowledge and legal practice experience. Deputy chief procurators and adjudication committee members shall be taken from among procurators or judges.

The duties and administration of procurators are in accordance with the "People's Republic of China Law on Procurators" .

Article 45:Procurators' assistants of people's procuratorates handle procuratorial support matters, such as the inspection of case materials and drafting of legal documents, under the guidance of procurators.

Procurators assistants who meet the requirements for holding a position as a procurator, may be appointed as procurators, after being selected, in accordance with the procedures for appointing and removing procurators.

Article 46:Clerks of people's procuratorates handle procuratorial support matters such making case handling records.

Article 47:The judicial police of people's procuratorates hand policing matters such as vigilance at case handling locations, and the secure escort and guarding of personnel.

Administration of judicial police is in accordance with the "Police Law of the PRC".

Article 48:As required for procuratorial work, people's procuratorates may establish procuratorial technicians, handling matter related to procuratorial work in accordance with law.

Chapter V: Safeguards for the people's procuratorates' exercise of authority

Article 49: Units and individuals must not request that procurators engage in tasks beyond the scope of their duties.

Where leading cadres or internal people's procuratorate staff interfere with judicial activities, meddle, or pry into the handling of specific cases, the case-handling personnel shall refuse and fully and truthfully record this, and the relevant organs are to pursue the perpetrators' liability based on the severity of the circumstances.

Article 50:People's procuratorates have the authority to employ necessary measures to preserve case-handling security.

Legal responsibility is to be pursued for illegal and criminal conduct that impedes the people's procuratorates' lawful exercise of the procuratorial power.

Article 51:People's procuratorates implement a system of training by which procurators, procutorial support personnel and judicial administrative personnel shall receive theoretical and operational training.

Article 52:Special management is carried out for people's procuratorates' personnel allotments.

Article 53:The funding of people's procuratorates is to be included in fiscal budgets in accordance with the division of powers, ensuring the needs of procuratorial work.

Article 54:People's procuratorates shall strengthen the establishment of informatization, utilizing internet, big data, and other modern information technologies to ensure judicial fairness and increase efficiency.

Chapter VI: Supplemental Provisions

Article 55:This Law takes effect on xx-xx-xxxx.

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