Public Security Organs Procedural Rules for Handling Criminal Cases (2020 Revised Edition)

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Table of Contents

Public Security Organs Procedural Rules for Handling Criminal Cases (2020 Revised Edition)

Chapter I: Tasks and Basic Principles

Article 1: This Regulation is drafted to ensure the thorough implementation of the Criminal Procedure Law of the People's Republic of China, to assure the public security organs' proper implementation of their official functions in criminal proceedings, to standardize procedures for the handling of cases, ensure the quality of cases and raise efficiency in case handling.

Article 2: Public security organs mission in criminal proceedings is to ensure accuracy, discover the facts, correctly apply the law, punish criminals, ensure that the innocent are not criminally prosecuted, educate citizens to conscientiously follow the law, actively struggle against crime, preserve the socialist legal system, respect and preserve human rights, uphold citizens' rights of their person, property rights, democratic rights and other rights, ensure the smooth progress of socialist construction.

Article 3: Public Security Organs basic official functions in criminal proceedings are to lawfully file, investigate, and initially review criminal cases; make a decision and enforce compulsory measures; not file a case against those who should not be prosecuted for criminal liability in accordance with law; and when investigation is completed in a case that should be indicted, transfer it to the procruatorate for review and decision; Handle or transfer to the relevant department any cases where criminal suspects require administrative disposition but are insufficient for criminal punishment; Carry out sentence enforcement for those who are sentenced to a fixed term imprisonment but have not yet been transferred to and who have only 3 months remaining on their sentence; enforce short term detention, deprivation of political rights, and deportation.

Article 4: Public security organs carrying out criminal prosecutions must rely on the people, and are to have the truth as their basis and the law as their measure. The law is applied equally to all persons, and no one is permitted special privileges before the law.

Article 5: Public security organs conducting criminal proceedings divide work responsibilities with the peoples procuratorates and the peoples courts, mutually cooperating and mutually restraining, in order to ensure the accurate and efficient enforcement of the law.

Article 6: Public security organs conducting criminal proceedings accept the legal supervision of the people's procuratorates in accordance with law.

Article 7: Public security organs conducting criminal proceedings, shall establish, refine and strictly enforce systems for accountability in case handling, and internal enforcement supervision systems such as pursuing responsibility for mistakes in enforcement.

In criminal proceedings, where a higher level public security organ discovers that the lower level public security organ has made a mistaken decision or error in handling the case, it has the right revoke or change it, and may also order the lower level public security organ to make corrections.

The lower level public security organ must enforce the decision of the higher public security organ, and if it believes it to is in error, it may make a report to the higher level public security organ while enforcing.

Article 8: Public security organs handling criminal cases shall emphasize investigation and research, and not casually credit confessions. The use of torture to extract confessions is strictly prohibited as are threats, enticement, trickery and other illegal methods of gathering evidence; no person may be compelled to prove his own guilt.

Article 9: Public security organs conducting criminal proceedings shall guarantee criminal suspects', defendants' and other litigation participants' right to a defense and other procedural rights.

Article 10: Public security organs handling criminal cases shall submit to the people's procuratorate at the same level for approval of arrest and transfer for review for indictment.

Article 11: Public security organs handling criminal cases, shall translate for litigation participants who don't know the commonly used local written or spoken language.

In areas where minority peoples reside or where multiple ethnic groups live together, the commonly spoken language of the area should be used when performing questioning. Publicly released litigation documents shall be released in the areas' commonly used script.

Article 12: Coordination and cooperation between every district and department public security organ handling criminal cases should be increased to lawfully carry out investigations and to collaborate in performing duties.

Higher level public security organs shall strengthen oversight, coordination and guidance.

Article 13: Domestic public security organizations may perform judicial assistance or cooperative police work on the basis of the "P.R.C. Extradition Law", the "P.R.C. Law on Criminal Justice Assistance" and on international treaties entered into or participated in by the People's republic of China and bilateral or multilateral cooperation agreements signed by the Ministry of Public Security or in following the reciprocity principle.

Chapter II Jurisdiction

Article 14: Based provisions of the Criminal Procedure Law, except in the circumstances provided below, the public security organs have jurisdiction over criminal cases:

(1) Cases of crimes abusing public office over which the Supervision organs have jurisdiction;

(2) Cases in the people's procuratorate's jurisdiction of judicial personnel using their authority to carry out crimes violating citizens rights or harming judicial fairness such as unlawful confinement, extortion of confessions by torture, and illegal searches that are discovered when conducting legal oversight of litigation activities, as well as cases in the public security organs' jurisdiction of employees of state institutions using their authority to commit major crimes;

(3) Private prosecutions in the jurisdiction of the people's courts. The public security organs shall accept cases that the people's courts directly received in which the victim had evidence proving a minor crime but the indictment was rejected due to insufficient evidence and the people's court transferred it to the public security organ or where the victim filed an accusation with the public security organ; the public security organs shall accept those cases where the victim directly files an accusation with a public security organ;

(4) The military and defense departments have jurisdiction over criminal violations of official duties by soldiers and criminal cases occurring within the armed forces;

(5) Prisons have jurisdiction over crimes committed by convicts within the prisons;

(6) Coast Guard departments have jurisdiction over criminal cases occurring in our nation's waters outside of coastal or island waters; Those that occur in coastal ports, docks, beaches, berthing points, etc., they are under the jurisdiction of the public security organs;

(7) Other criminal cases that laws and regulations provide shall be in the jurisdiction of other organs.

Article 15: The public security organ for the site of the crime has jurisdiction. If it is more appropriate for the public security organ at the place of the criminal suspect's residence to have jurisdiction, it may have jurisdiction.

Laws, judicial interpretations or other regulatory documents making special provisions regarding the jurisdiction of criminal cases, are controlling.

Article 16: The site of the crime includes the place where the criminal conduct occurred and the place where consequences of the crime occur. The site of the crime includes the place where the criminal conduct occurred and locations where consequences of the crime occurred. The place where the criminal conduct occurred includes the place where the criminal activity was performed as well as places of preparation, starting points, en-route locations, ending points, and other locations relevant to the criminal conduct; for serial, sustained or ongoing criminal offenses, the places where the criminal conduct is repeated, sustained or ongoing are all locations where the criminal conduct occurred. Locations where the consequences of the criminal conduct occurred include the place where the object of the crime was impacted, places where the gains from the crime were acquired, concealed, transferred, utilized or sold.

A residence includes the place of household registration and habitual residences. A habitual residence refers to the last place a citizen lived for a continuous year after leaving their place of household registration but does not include inpatient care. The unit's registered domicile is its place of residence. Where their principal place of business or main offices differs from the place of registration, the principal place of business or main offices are its residence.

Article 17: Public security organs may have jurisdiction over crimes against computers or mainly using computers in their commission, the location of servers for online services used to conduct the criminal activity, the location of the network service providers, or the locations of the victim online information system and its managers, as well as the location of online information systems that were used by the criminal suspects or victims in the course committing the crime, and the place where the victim or their assets suffered the harm.

Article 18: Jurisdiction of criminal cases occurring on a vehicle in transit is held by the public security organ at the first stop the vehicle makes; when necessary, public security agencies at the place of origin, places en-route, and destination may have jurisdiction.

Article 19: For crimes occurring aboard aircraft outside the territory of the P.R.C., the public security organs at the first place where the aircraft lands in China have jurisdiction.

Article 20: The public security organs at the location of the workplace or original place of household registration of citizens committing crimes at Chinese embassies or consulates abroad have jurisdiction over those crimes.

When Chinese citizens commit a crime outside the territory of the PRC, the public security organs at their place of entry, their residence prior to departure, or their residence have jurisdiction; where the victim is a Chinese citizen, the public security organs at the location of victim's residence prior to departure or their residence may also have jurisdiction.

Article 21: In cases where several public security organs have jurisdiction rights, the first public security organ to accept the case has jurisdiction. When necessary, the public security organ for the principle site of the crime may have jurisdiction.

In any of the following circumstances, a public security organ may combine cases, within the scope of its professional duties, for investigation.

(1) Multiple crimes by a single offender;

(2) Joint crimes;

(3)Other crimes carried out by a criminal suspect in a joint crime;

(4)The crimes carried out by multiple criminal suspects have a connection and combining the cases for handling is beneficial to uncovering the facts of the case.

Article 22: In cases where the jurisdiction is unclear or disputed, the relevant public security organs may negotiate it. If the negotiations are not successful, their common public security organ at the level above designates jurisdiction.

For criminal cases with special circumstances, the higher level public security organ may designate jurisdiction.

When requesting that a higher level public security organ designate jurisdiction, the basic circumstances of the suspect, the charges alleged, the basic facts of the case, the circumstances of the jurisdictional dispute, the situation of negotiations, and the reason for designating jurisdiction shall be listed in the relevant materials, and after approval by the responsible person at the public security organ, it shall be reported up to the higher-level public security organ with authority to designate jurisdiction.

Article 23: Where the higher-level public security organ designates jurisdiction, it should separately send copies of the Jurisdiction Designation Decision to the public security organ designated as having jurisdiction and the other concerned public security organs, and a copy is to be sent to the people's court and people's procuratorate at the same level as needed.

The public security organ originally accepting a case, upon receiving the higher-level public security organs' decision to designate another public security organ as having jurisdiction, does not again exercise jurisdiction rights, and at the same time shall transfer the criminal suspect, assets involved in the case, the case file materials, and so forth to the public security organ designated as having jurisdiction.

In cases with a designated jurisdiction where it is necessary to arrest a criminal suspect, the public security organ of the designated jurisdiction will submit a a request for approval of arrest to the people's procuratorate of the same level; if it is necessary to indict, the public security organ will transfer the case to the people's procuratorate at the same level for review.

Article 24: County-level public security organs are responsible for the investigation of criminal cases in their territory.

Public security organs at or above the districted-municipality level are responsible for the investigation of the following major cases:

(1) Crimes endangering national security;

(2) Terrorist crimes;

(3) Crimes involving foreign interests;

(4) Economic crimes;

(5) Gang crimes;

(6) Cross-regional crimes.

If the higher-level public security organ feels it is necessary, it may investigate cases in the jurisdiction of a lower level public security organ; if a lower-level public security organ feels the circumstances of a criminal case are significant and require the higher-level public security organ to investigate, it may request the higher level public security organ take jurisdiction.

Article 25: Jurisdiction of criminal cases internal to the public security organs, is determined in accordance with the set up of criminal investigation organs and their division of responsibility.

Article 26: Railway public security organs have jurisdiction over criminal cases that occur in the railway system's organs, yards, lines, facilities, schools, teams, workplaces and other such areas; as well as criminal cases occurring in train station work areas or on trains, and cases of theft happening alongside the railways or cases of destroying the tracks, power-lines, communications or other important facilities, and any case of criminal activity by its staff committed on the railways while working.

The railway public security organs have jurisdiction over criminal cases involving the railway system's computer information systems, this computer information system extends to local websites providing railway service.

In cases of criminal scalping, forgery, alteration of train tickets, the first railway public security organ or local public security organ to accept the case has jurisdiction. When necessary, jurisdiction may be transferred to the local or railway public security organ at the residence of the principle offender. When necessary, jurisdiction may be transferred to the railway or local public security organs for the main location where illegal conduct occurred.

在列车上发生的刑事案件,犯罪嫌疑人在列车运行途中被抓获的,由前方停靠站所在地的铁路公安机关管辖;必要时,也可以由列车始发站、终点站所在地的铁路公安机关管辖。 犯罪嫌疑人不是在列车运行途中被抓获的,由负责该列车乘务的铁路公安机关管辖;但在列车运行途经的车站被抓获的,也可以由该车站所在地的铁路公安机关管辖。

在国际列车上发生的刑事案件,根据我国与相关国家签订的协定确定管辖;没有协定的,由该列车始发或者前方停靠的中国车站所在地的铁路公安机关管辖。

The local public security organs have jurisdiction of crimes occurring at construction sites building railway facilities.

Article 27: Civil Aviation public security organs have jurisdiction over criminal cases occurring in organs, yards, segments, buildings, schools, teams or other workplaces, as well as crimes occurring in aiport workplaces or on civil aviation airplanes.

重大飞行事故刑事案件由犯罪结果发生地机场公安机关管辖。 犯罪结果发生地未设机场公安机关或者不在机场公安机关管辖范围内的,由地方公安机关管辖,有关机场公安机关予以协助。

Article 28: 海关走私犯罪侦查机构管辖中华人民共和国海关关境内发生的涉税走私犯罪和发生在海关监管区内的非涉税走私犯罪等刑事案件。

Article 29: 公安机关侦查的刑事案件的犯罪嫌疑人涉及监察机关管辖的案件时,应当及时与同级监察机关协商,一般应当由监察机关为主调查,公安机关予以协助。

Article 30: 公安机关侦查的刑事案件涉及人民检察院管辖的案件时,应当将属于人民检察院管辖的刑事案件移送人民检察院。 涉嫌主罪属于公安机关管辖的,由公安机关为主侦查;涉嫌主罪属于人民检察院管辖的,公安机关予以配合。

When criminal cases investigated by the public security organs involve cases within the jurisdiction of other investigatory organs, it may be handled with reference to the previous article.

Article 31: Jurisdiction of criminal cases that involve both the public security organs and the military should be handled according to relevant regulations.

公安机关和武装警察部队互涉刑事案件的管辖分工依照公安机关和军队互涉刑事案件的管辖分工的原则办理。

Chapter III: Recusal

Article 32: The principals and investigatory personnel of public security organs shall take it upon themselves to request recusal if they have any of the following traits, and if they do not do so, they shall be ordered recused; both parties and their legally-designated representatives also have the right to request recusal.

(1) they are a party to the case or a party's close relative.

(2) has, or has relatives who have, an interest in the case;

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

(4) has another relationship with a party in the case that might affect the just handling of the case.

Article 33: The principal or investigatory personal of a public security organ must not have any of the following conduct:

(1) Met with any of the case's parties or their representatives in violation of regulations.

(2) solicited or accepted property or other benefits from a party or his representative.

(3) Accepted invitations to meals or entertainment from a party to the case or their representative, or attended any activity for which they provided funding;

(4) Other improper conduct that could affect the fair handling of the case.

违反前款规定的,应当责令其回避并依法追究法律责任。 当事人及其法定代理人有权要求其回避。

Article 34: When the principals or investigatory personnel of a public security organ themselves request a recusal, they should explain the reason for the recusal; if the request is made orally, the public security organ shall make a record in the case.

When parties or their legally-designated representatives request that a public security organs' principal or investigator personnel recuse themselves, they shall submit an application and explain the reason; if the application is made orally, the public security organ shall record it in the case.

Article 35: The recusal of investigatory personnel will be decided by the principal of a public security organ at the county level or above; the recusal of the principal of a public security organ at the county level or above will be decided by the prosecution committee of a people's procuratorate at the same level.

Article 36: Where a party or his legally-designated representative applies for the recusal of investigatory personnel , the public security organ shall issue a decision and inform the applicant within 2 days of receiving the request for recusal; where the situation is complicated, and with the permission of the principal of a public security organ at teh county level or above, a decision may be issued within 5 days of receiving the application for recusal.

Where the parties and their legal representatives file an application for withdrawal to the person in charge of a public security organ at or above the county level, the public security organ shall promptly transfer the application to the people’s procuratorate at the same level.

Article 37: Where a party or their legally-designated representative is not satisfied by the rejection of an application for recusal, they may apply for a reconsideration to the public security organ that issued the decision within 5 days of receiving the rejection.

Public security organs shall issue a reconsideration decision within 5 days of receiving an application for reconsideration and notify the applicant in writing.

Article 38: Public security organ principals or investigative personnel that are requesting recusal or have been requested to be recused must not stop investigating the case before a decision on recusal has been issued.

After a decision to recuse has been issued, the principal or investigatory personnel of a public security organ who requested recusal or the have been the subject of a request to recuse, may not again participate in the case investigation efforts.

Article 39:Whether litigation activities conducted by a public security organ principal or investigatory personnel prior to a decision to recuse them are effective will be decided by the organ making the recusal decision on the basis of the circumstances of the case.

Article 40: This provisions of this chapter relating to recusal are applicable to court recorders, translators and evaluators.

If recorders, translators or evaluators need to be recused, they decision will be made by the principal of a public security organ at the county level or above.

Article 41: Defenders and agents ad litem may follow this chapter's provisions to request recusal and apply for reconsideration.

Chapter IV: Lawyers Participation in Criminal Procedure

Article 42: Public Security organs shall ensure defense attorneys lawful engagement in the following activities during the investigation phase:

(1) learning the suspected charge and case circumstances from the public security organs and submitting comments;

(2) Meeting and communicating with the criminal suspect, and learning of the case circumstances from the suspect;

(3) Provide legal help to the criminal suspect and represent him in complaints or accusations;

(4) Requesting modifications in compulsory measures on behalf of the criminal suspect.

Article 43: 公安机关在第一次讯问犯罪嫌疑人或者对犯罪嫌疑人采取强制措施的时候,应当告知犯罪嫌疑人有权委托律师作为辩护人,并告知其如果因经济困难或者其他原因没有委托辩护律师的,可以向法律援助机构申请法律援助. 告知的情形应当记录在案.

对于同案的犯罪嫌疑人委托同一名辩护律师的,或者两名以上未同案处理但实施的犯罪存在关联的犯罪嫌疑人委托同一名辩护律师的,公安机关应当要求其更换辩护律师.

Article 44:犯罪嫌疑人可以自己委托辩护律师。 犯罪嫌疑人在押的,也可以由其监护人、近亲属代为委托辩护律师。

犯罪嫌疑人委托辩护律师的请求可以书面提出,也可以口头提出。 口头提出的,公安机关应当制作笔录,由犯罪嫌疑人签名、捺指印。

Article 45:Where detained criminal suspects make a request to retain a lawyer to the detention center, the detention center shall promptly transmit his his request to the case-handling department; the case-handling department shall promptly transfer the request to the defense attorney or law firm the that the defendant has authorized.

在押的犯罪嫌疑人仅提出委托辩护律师的要求,但提不出具体对象的,办案部门应当及时通知犯罪嫌疑人的监护人、近亲属代为委托辩护律师。 犯罪嫌疑人无监护人或者近亲属的,办案部门应当及时通知当地律师协会或者司法行政机关为其推荐辩护律师。

Article 46:符合下列情形之一,犯罪嫌疑人没有委托辩护人的,公安机关应当自发现该情形之日起三日以内通知法律援助机构为犯罪嫌疑人指派辩护律师:

(1) The criminal suspect is blind, deaf or mute, or is a mentally ill person who has not yet entirely lost their ability to recognize and control their action;

(2) The criminal suspect might be sentenced to indefinite imprisonment or to death.

Article 47:公安机关收到在押的犯罪嫌疑人提出的法律援助申请后,应当在二十四小时以内将其申请转交所在地的法律援助机构,并在三日以内通知申请人的法定代理人、近亲属或者其委托的其他人员协助提供有关证件、证明等相关材料。 犯罪嫌疑人的法定代理人、近亲属或者其委托的其他人员地址不详无法通知的,应当在转交申请时一并告知法律援助机构。

If the criminal suspect refuses the lawyer appointed by the legal aid organization to be his defender or has retained a defender on his own, the public security organ shall notify the legal aid organization within 3 days.

Article 48:After a defense lawyer accepts the representation of a client or is appointed by a legal aid organization, he shall promptly inform the public security organ and present his lawyer's certificate, proof from his law firm and his representation agreement or official letter from the legal aid organization.

Article 49: 犯罪嫌疑人、被告人入所羁押时没有委托辩护人,法律援助机构也没有指派律师提供辩护的,看守所应当告知其有权约见值班律师,获得法律咨询、程序选择建议、申请变更强制措施、对案件处理提出意见等法律帮助,并为犯罪嫌疑人、被告人约见值班律师提供便利。

没有委托辩护人、法律援助机构没有指派律师提供辩护的犯罪嫌疑人、被告人,向看守所申请由值班律师提供法律帮助的,看守所应当在二十四小时内通知值班律师。

Article 50:Where a defense attorney is learning of the case circumstances from the public security organ, the public security organ shall notify the retained or appointed defense lawyer of the offense charged and the principle facts that have been clarified at that time, any compulsory measures that have been adopted, modified or removed from the suspect, extensions of the period for investigative detention and any other relevant circumstances, and make a record of it in the case.

Article 51:Defense attorneys may meet and communicate with detained suspects or suspects under residential surveillance.

Article 52:In cases of crimes that endanger national security or terrorism, the case-handling department shall notify the detention center in writing when they deliver the suspect to the detention center; if the suspect is under residential surveillance, the enforcing agency shall be informed in writing when the suspect is delivered for enforcement.

辩护律师在侦查期间要求会见前款规定案件的在押或者被监视居住的犯罪嫌疑人,应当向办案部门提出申请。

对辩护律师提出的会见申请,办案部门应当在收到申请后三日以内,报经县级以上公安机关负责人批准,作出许可或者不许可的决定,书面通知辩护律师,并及时通知看守所或者执行监视居住的部门。 除有碍侦查或者可能泄露国家秘密的情形外,应当作出许可的决定。

公安机关不许可会见的,应当说明理由。 有碍侦查或者可能泄露国家秘密的情形消失后,公安机关应当许可会见。

If there are any of the following, it is considered 'impeding the investigation' as used in this article:

(1) Might destroy or fabricate evidence, harass witness or collude on testimony;

(2) might lead to the suspect hurting themself, killing themself or fleeing;

(3) might lead to a co-criminal in the same case escaping or hampering the investigation;

(4) The suspect's family are implicated in the crime.

Article 53:Where a defense lawyer requests to meet with a detained suspect, the detention center shall make arrangements for him to meet the suspect within 48 hours after examining his lawyers certificate, proof from his law firm and representation agreement or legal aid letter.

侦查期间,辩护律师会见危害国家安全犯罪案件、恐怖活动犯罪案件在押或者被监视居住的犯罪嫌疑人时,看守所或者监视居住执行机关还应当查验侦查机关的许可决定文书。

Article 54:辩护律师会见在押或者被监视居住的犯罪嫌疑人需要聘请翻译人员的,应当向办案部门提出申请。 办案部门应当在收到申请后三日以内,报经县级以上公安机关负责人批准,作出许可或者不许可的决定,书面通知辩护律师。 对于具有本规定第三十二条所列情形之一的,作出不予许可的决定,并通知其更换;不具有相关情形的,应当许可。

Where translators participate in a meeting, the detention center or organ enforcing the residential surveillance shall examine the public security organ's certificate of decision to permit.

Article 55:辩护律师会见在押或者被监视居住的犯罪嫌疑人时,看守所或者监视居住执行机关应当采取必要的管理措施,保障会见顺利进行,并告知其遵守会见的有关规定。 辩护律师会见犯罪嫌疑人时,公安机关不得监听,不得派员在场。

辩护律师会见在押或者被监视居住的犯罪嫌疑人时,违反法律规定或者会见的规定的,看守所或者监视居住执行机关应当制止。 对于严重违反规定或者不听劝阻的,可以决定停止本次会见,并及时通报其所在的律师事务所、所属的律师协会以及司法行政机关。

Article 56:Defenders or anyone else who in a criminal proceeding, violates the law to interfere with proceedings, shall be pursued for legal liability.

辩护人实施干扰诉讼活动行为,涉嫌犯罪,属于公安机关管辖的,应当由办理辩护人所承办案件的公安机关报请上一级公安机关指定其他公安机关立案侦查,或者由上一级公安机关立案侦查。 不得指定原承办案件公安机关的下级公安机关立案侦查。 辩护人是律师的,立案侦查的公安机关应当及时通知其所在的律师事务所、所属的律师协会以及司法行政机关。

Article 57:辩护律师对在执业活动中知悉的委托人的有关情况和信息,有权予以保密。 However, defense lawyers shall immediately report to the judicial organs on learning that their client or other persons are preparing to, or in the process of, perpetrating a crime that endangers national security or the public safety, or a crime that seriously endangers the physical safety of others.

Article 58:案件侦查终结前,辩护律师提出要求的,公安机关应当听取辩护律师的意见,根据情况进行核实,并记录在案。 Where the defense lawyer submits written opinions, they shall be attached to the file.

The public security organ shall perform a verification of evidence gathered by a defense lawyer regarding the suspect's alibi, the suspect not being of age for criminal responsibility or being a mentally ill person not lawfully bearing criminal responsibility, and will record the relevant circumstances in the case and relevant evidence in the case file.

Chapter 5: Evidence

Article 59: All materials that may be used to prove the facts of the case are evidence.

Evidence includes:

(1) physical evidence;

(2) documentary evidence

(3) Witness testimony

(4) Victim statements

(5) Criminal suspects statements and explanations;

(6) evaluation opinions;

(7) Record such as those of examinations, inspections, investigative experiments, searches, seizures, attachment, extractions, and identification;

(8) audio or visual materials and electronic data.

The veracity of evidence must be confirmed before it can be the basis for determining case facts.

Article 60:公安机关必须依照法定程序,收集、调取能够证实犯罪嫌疑人有罪或者无罪、犯罪情节轻重的各种证据。 It must be ensured that all citizens related to the case or who know the circumstances of the case have the full and objective capacity to provide evidence, except in special conditions, their assistance can be incorporated into the investigation.

Article 61:When public security organs gather or obtain evidence from workplaces or individuals, they should inform them that evidence must be truthfully provided.

Evidence that relates to national secrets, commercial secrets or personal privacy shall be kept confidential.

Those who fabricate evidence, conceal evidence or destroy evidence shall be pursued for legal responsibility.

Article 62:公安机关向有关单位和个人调取证据,应当经办案部门负责人批准,开具调取证据通知书,明确调取的证据和提供时限。 被调取单位及其经办人、持有证据的个人应当在通知书上盖章或者签名,拒绝盖章或者签名的,公安机关应当注明。 必要时,应当采用录音录像方式固定证据内容及取证过程。

Article 63:公安机关接受或者依法调取的行政机关在行政执法和查办案件过程中收集的物证、书证、视听资料、电子数据、鉴定意见、勘验笔录、检查笔录等证据材料,经公安机关审查符合法定要求的,可以作为证据使用。

Article 64:收集、调取的物证应当是原物。 只有在原物不便搬运、不易保存或者依法应当由有关部门保管、处理或者依法应当返还时,才可以拍摄或者制作足以反映原物外形或者内容的照片、录像或者复制品。

物证的照片、录像或者复制品经与原物核实无误或者经鉴定证明为真实的,或者以其他方式确能证明其真实的,可以作为证据使用。 原物的照片、录像或者复制品,不能反映原物的外形和特征的,不能作为证据使用。

Article 65: The original shall be collected for documentary evidence. 只有在取得原件确有困难时,才可以使用副本或者复制件。

书证的副本、复制件,经与原件核实无误或者经鉴定证明为真实的,或者以其他方式确能证明其真实的,可以作为证据使用。 Where there are changes to documentary evidence, or indications of changes, for which not reasonable explanation is made, or a duplicate or reproduction of a piece of documentary evidence cannot reflect the original and its contents, it must not be used as evidence.

Article 66:收集、调取电子数据,能够扣押电子数据原始存储介质的,应当扣押原始存储介质,并制作笔录、予以封存。

确因客观原因无法扣押原始存储介质的,可以现场提取或者网络在线提取电子数据。 无法扣押原始存储介质,也无法现场提取或者网络在线提取的,可以采取打印、拍照或者录音录像等方式固定相关证据,并在笔录中注明原因。

收集、调取的电子数据,足以保证完整性,无删除、修改、增加等情形的,可以作为证据使用。 经审查无法确定真伪,或者制作、取得的时间、地点、方式等有疑问,不能提供必要证明或者作出合理解释的,不能作为证据使用。

Article 67:Photos, videos or reproductions of physical evidence, and copies, reproductions, a/v materials, or digital versions of documentary evidence, shall attach a written explanation of the process of creating the copy and the location of the original document or object; and the person who produced the reproduction and the person or entity that holds the original shall sign it.

Article 68:公安机关提请批准逮捕书、起诉意见书必须忠实于事实真象。 故意隐瞒事实真象的,应当依法追究责任。

Article 69:Case facts that must be made clear include:

(1) Whether or not a criminal act exists

(2) The time, place, method, consequences and other circumstances of the criminal conduct.

(3) Whether or not the criminal conduct was perpetrated by the suspect;

(4) The identity of the criminal suspect;

(5) the suspect's motive and goal in perpetrating the offense;

(6) The liability of the suspect and his relationship with other persons in the case;

(7) Whether or not the suspect has any statutory aggravating, mitigating or commutative circumstance, or any circumstances allowing for punishment to be avoided.

(8) Other facts relevant to the case.

Article 70:Cases transferred by the public security organs to be reviewed for indictment shall have reached the point where facts are clear, and the evidence credible and sufficient.

Evidence that is credible and sufficient shall meet the following requirements:

(1) Identified case facts all have evidence supporting them;

(2) Identified case facts have been verified as true by statutory procedures.

(3) All evidence of the case taken together, excludes all reasonable doubt as to the identified facts.

For the review of evidence, an evaluation and assessment shall be carried out of the specific circumstances of all case evidence from perspectives such as the degree of relevance of each piece of evidence to the facts, and the the connection of pieces of evidence to each other.

If there is only a statement from the suspect and no other evidence, the case facts cannot be identified; if there is no witness statement, but the evidence is credible and complete, case facts may be identified.

Article 71:Suspect statements acquired through the use of torture, and witness and victim statements gathered through the use of violence or threats shall be excluded.

收集物证、书证、视听资料、电子数据违反法定程序,可能严重影响司法公正的,应当予以补正或者作出合理解释;不能补正或者作出合理解释的,对该证据应当予以排除。

Where it is discovered during the investigation phase that there is evidence that should be excluded, it shall be excluded with the permission of the head of a public security organ at the county level or above, and must not be the basis for submitting a request to approve arrest or review for prosecution.

If the people's procuratorate feels there might exist a situation of illegal evidence gathering, and requests a public security organ make an explanation, the public security organ shall promptly carry out an investigation and issue a written explanation.

Article 72:人民法院认为现有证据材料不能证明证据收集的合法性,通知有关侦查人员或者公安机关其他人员出庭说明情况的,有关侦查人员或者其他人员应当出庭。 必要时,有关侦查人员或者其他人员也可以要求出庭说明情况。 Investigators or other personnel appearing in court shall explain the process of gathering evidence and take questions on the relevant circumstances.

Having been notified by a people's court, people's police shall appear in court to testify on circumstances that they witnessed while performing their professional duties.

Article 73:All persons with knowledge of the case have a duty to testify.

Persons who have a physiological or psychiatric deficit, or children, who are unable to distinguish truth from fiction, or cannot accurately express themselves, can not be witnesses.

When necessary, a review or evaluation may be carried out as to whether a witness can distinguish reality from fiction and accurately express themselves.

Article 74:People's courts, people's procuratorates and public security organs shall ensure the safety of witnesses and their close families.

Those who threaten, insult, beat or attack or retaliate against witness or their close families, so as to constitute a crime, shall be pursued for criminal responsibility in accordance with law; where it not sufficient for criminal punishment, they shall be given an administrative security punishment in accordance with law.

Article 75:In cases of crimes such as endangering national security, terrorist activities, mafia-type criminal organization crimes and drug crimes, it a witness, appraiser, victim or their family, face danger as a result of their having testified in the investigatory process, the public security organs shall adopt one or more of the following protective measures:

(一)不公开真实姓名、住址、通讯方式和工作单位等个人信息;

(二)禁止特定的人员接触被保护人;

(三)对被保护人的人身和住宅采取专门性保护措施;

(四)将被保护人带到安全场所保护;

(五)变更被保护人的住所和姓名;

(六)其他必要的保护措施。

If witnesses, appraisers, or victims feel that because they have testified in the investigation process, they or their families face a threat to their physical safety, and solicit protection from the public security organs, the public security organs, on review finding that the requirements of the previous clause are met and there is truly a need to adopt protective measures, shall adopt one or more of the protective measures above.

Public security organs lawfully adopting protective measures may request the cooperation of relevant workplaces or individuals.

When the case is transferred for review for indictment, the circumstances of protective measures shall also be transferred to the people's procuratorate.

Article 76:公安机关依法决定不公开证人、鉴定人、被害人的真实姓名、住址、通讯方式和工作单位等个人信息的,可以在起诉意见书、询问笔录等法律文书、证据材料中使用化名等代替证人、鉴定人、被害人的个人信息。 但是,应当另行书面说明使用化名的情况并标明密级,单独成卷。

Article 77:The necessary personnel, fees and equipment for protecting witnesses shall be guaranteed.

证人因履行作证义务而支出的交通、住宿、就餐等费用,应当给予补助。 证人作证的补助列入公安机关业务经费。

Chapter VI: Compulsory Measures

Section 1: Custodial Summons

Article 78:公安机关根据案件情况对需要拘传的犯罪嫌疑人,或者经过传唤没有正当理由不到案的犯罪嫌疑人,可以拘传到其所在市、县公安机关执法办案场所进行讯问。

Where custodial summons is needed, a petition shall be drafted to request the custodial summons, and relevant materials shall be attached, for the head of the public security organ at the county level or above's approval.

Article 79:Public security organs enforcing compulsory summons against a criminal suspect shall present a custodial summons document, and order him to sign it and leave a finger print.

犯罪嫌疑人到案后,应当责令其在拘传证上填写到案时间;拘传结束后,应当由其在拘传证上填写拘传结束时间。 犯罪嫌疑人拒绝填写的,侦查人员应当在拘传证上注明。

Article 80:拘传持续的时间不得超过十二小时;案情特别重大、复杂,需要采取拘留、逮捕措施的,经县级以上公安机关负责人批准,拘传持续的时间不得超过二十四小时。 不得以连续拘传的形式变相拘禁犯罪嫌疑人。

When the period for custodial summons is complete, and a decision to adopt other compulsory measures has not yet been issued, the custodial summons shall be immediately ended.

Section 2: Release on Trial Pending Further Investigation

Article 81:Public security organs may adopt release on guarantee pending further investigation for criminal suspects with any of the following characteristics:

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

(2)they might receive a sentence of a fixed term or higher, and adopting release on guarantee pending further investigation will not endanger society ;

(3)Those who have a serious illness and cannot care for themselves, are pregnant or are currently nursing their own infant, and adopting release on guarantee pending further investigation would not endanger society ;

(4) The period of detention is complete, but the cases is not yet concluded and it is necessary to continue investigation.

Release on guarantee pending further investigation may be granted for criminal suspects that have been taken into custody, but the evidence does not meet the requirements for arrest and after submission requesting arrest the people's procuratorate does not approve the arrest, and continued investigation is necessary, and further the reuqirements for release on guarantee pending further investigation are met.

Article 82:对累犯,犯罪集团的主犯,以自伤、自残办法逃避侦查的犯罪嫌疑人,严重暴力犯罪以及其他严重犯罪的犯罪嫌疑人不得取保候审,但犯罪嫌疑人具有本规定第八十一条第一款第三项、第四项规定情形的除外。

Article 83:需要对犯罪嫌疑人取保候审的,应当制作呈请取保候审报告书,说明取保候审的理由、采取的保证方式以及应当遵守的规定,经县级以上公安机关负责人批准,制作取保候审决定书。 取保候审决定书应当向犯罪嫌疑人宣读,由犯罪嫌疑人签名、捺指印。

Article 84:Public security organs deciding to release a criminal suspect on guarantee pending further investigation shall order the criminal suspect to either provide a guarantor or post a guarantee deposit.

Public security organs must not order the same criminal suspect to simultaneously provide both guarantor and to post a guarantee deposit. 对未成年人取保候审,应当优先适用保证人保证。

Article 85:Where a guarantor is used, the guarantor must meet the following criteria and must be examined and approved by the public security organ:

(1) not implicated in the case ;

(2) Have the ability to perform the duties of a guarantor ;

(3)have political rights and no restrictions and their physical freedom;

(4)fixed domicile and income.

Article 86:A guarantor should fulfill the following obligations:

(一)监督被保证人遵守本规定第八十九条、第九十条的规定;

(二)发现被保证人可能发生或者已经发生违反本规定第八十九条、第九十条规定的行为的,应当及时向执行机关报告。

A guarantor shall complete a letter of guarantee, sign it and affix his fingerprint.

Article 87:犯罪嫌疑人的保证金起点数额为人民币一千元。 犯罪嫌疑人为未成年人的,保证金起点数额为人民币五百元。 具体数额应当综合考虑保证诉讼活动正常进行的需要、犯罪嫌疑人的社会危险性、案件的性质、情节、可能判处刑罚的轻重以及犯罪嫌疑人的经济状况等情况确定。

Article 88:Public security organs at or above the county level shall set up a special account for guarantee deposits in a designated bank and entrust the bank to collect and keep guarantee deposits on its behalf.

提供保证金的人,应当一次性将保证金存入取保候审保证金专门账户。 The deposit shall be paid in RMB.

保证金应当由办案部门以外的部门管理。 严禁截留、坐支、挪用或者以其他任何形式侵吞保证金。

Article 89:When announcing a decision to release on guarantee pending further investigation, public security organs shall inform the person under release to abide by the following following conditions:

(1) Not to leave their city or county of residence without the permission of the enforcement organ;

(2) To report any change of address, workplace or contact information to the enforcement organ within 24 hours;

(3) To appear promptly when given a custodial summons;

(4) must not in any way disrupt witnesses' testimony;

(5) must not destroy or fabricate evidence, or collude testimony.

Article 90:When deciding to release a criminal suspect on guarantee pending further investigation, a public security organ may also, according to the circumstances of a case, order the person under guarantee to abide by one of more of the following provisions:

(1) Not to enter certain places related to his crime

(2) Not to meet or by any means correspond with witnesses, victims or their families, co-offenders, or other certain persons related to the case;

(3) Not to engage in certain activities related to the his crime;

(4) Give passports or other entry/exit documents and drivers' licenses to the enforcement organ for keeping.

When establishing the range of places, persons and activities, public security organs should comprehensively consider factors such as the nature, circumstances, and social impact of the case, as well as the social relations of the criminal suspect.

Article 91:公安机关决定取保候审的,应当及时通知被取保候审人居住地的派出所执行。 必要时,办案部门可以协助执行。

采取保证人担保形式的,应当同时送交有关法律文书、被取保候审人基本情况、保证人基本情况等材料。 采取保证金担保形式的,应当同时送交有关法律文书、被取保候审人基本情况和保证金交纳情况等材料。

Article 92:Where a people’s court or a people’s procuratorate decides to release on guarantee pending further investigation, the county-level public security organ responsible for the enforcement shall, within 24 hours of receiving the legal papers and relevant materials, designate the local police station where the guaranteed person resides to carry it out after reviewing and verifying the situation.

Article 93:The police station in charge of carrying out bail pending trial shall perform the following duties:

(1) Notify the released person of the rules he must abide by as well as the legal consequences for violating the rules or commiting another crime during the duration of the release on guarantee pending further investigation.

(2) Supervise and Inspect the released person's compliance with the rules and staying abreast of the his activities, address, work unit, contact information as well as any changes thereto.

(3) To supervise and ensure that the guarantor performs his guarantee obligations.

(4) Promptly stop the released person violations of the rules by which the he ought to abide, or the guarantors failure to fulfill the obligations of providing guaranty, take emergency measures and at the same time inform the decision-making body.

Article 94:执行取保候审的派出所应当定期了解被取保候审人遵守取保候审规定的有关情况,并制作笔录。

Article 95:被取保候审人无正当理由不得离开所居住的市、县。 有正当理由需要离开所居住的市、县的,应当经负责执行的派出所负责人批准。

人民法院、人民检察院决定取保候审的,负责执行的派出所在批准被取保候审人离开所居住的市、县前,应当征得决定取保候审的机关同意。

Article 96:被取保候审人在取保候审期间违反本规定第八十九条、第九十条规定,已交纳保证金的,公安机关应当根据其违反规定的情节,决定没收部分或者全部保证金,并且区别情形,责令其具结悔过、重新交纳保证金、提出保证人,变更强制措施或者给予治安管理处罚;需要予以逮捕的,可以对其先行拘留。

人民法院、人民检察院决定取保候审的,被取保候审人违反应当遵守的规定,负责执行的派出所应当及时通知决定取保候审的机关。

Article 97:Where it is necessary to confiscate a guarantee deposit, a written decision to confiscate the guarantee deposit shall be formulated after there has been rigorous review and the responsible party from a public security organ at the county level or higher has given approval.

Decisions to confiscate guarantee deposits of 50,000 Yuan or more shall be approved by the responsible party from a public security organ at the district's first municipal level.

Article 98:Within 3 days of a decision to confiscate a guarantee deposit, the public security organ shall read it to the person released on guarantee pending further investigation and order him to sign the decision to confiscate the guarantee deposit and leave a fingerprint; if the person released on guarantee has fled or cannot appear do to other circumstances the decision shall be announced to his adult relatives, legally-designated representatives, defender or workplace, residential committee or village committee of his residence and have them sign the decision to confiscate the guarantee deposit.

被取保候审人或者其成年家属、法定代理人、辩护人或者单位、居民委员会、村民委员会负责人拒绝签名的,公安机关应当在没收保证金决定书上注明。

Article 99:公安机关在宣读没收保证金决定书时,应当告知如果对没收保证金的决定不服,被取保候审人或者其法定代理人可以在五日以内向作出决定的公安机关申请复议。 公安机关应当在收到复议申请后七日以内作出决定。

被取保候审人或者其法定代理人对复议决定不服的,可以在收到复议决定书后五日以内向上一级公安机关申请复核一次。 上一级公安机关应当在收到复核申请后七日以内作出决定。 对上级公安机关撤销或者变更没收保证金决定的,下级公安机关应当执行。

Article 100:没收保证金的决定已过复议期限,或者复议、复核后维持原决定或者变更没收保证金数额的,公安机关应当及时通知指定的银行将没收的保证金按照国家的有关规定上缴国库。 人民法院、人民检察院决定取保候审的,还应当在三日以内通知决定取保候审的机关。

Article 101:被取保候审人在取保候审期间,没有违反本规定第八十九条、第九十条有关规定,也没有重新故意犯罪的,或者具有本规定第一百八十六条规定的情形之一的,在解除取保候审、变更强制措施的同时,公安机关应当制作退还保证金决定书,通知银行如数退还保证金。

被取保候审人可以凭退还保证金决定书到银行领取退还的保证金。 被取保候审人委托他人领取的,应当出具委托书。

第一百零二条被取保候审人没有违反本规定第八十九条、第九十条规定,但在取保候审期间涉嫌重新故意犯罪被立案侦查的,负责执行的公安机关应当暂扣其交纳的保证金,待人民法院判决生效后,根据有关判决作出处理。

Article 103: Where a person released after providing a guarantor violates the rules he must obey, and the guarantor does not perform his duties, after it is checked and verified, upon approval from a a public security organ at the county level or above, fine the guarantor not less than 1,000 yuan but not more than 20,000 yuan; where a crime is constituted, pursue criminal liability in accordance with law.

Article 104: 决定对保证人罚款的,应当报经县级以上公安机关负责人批准,制作对保证人罚款决定书,在三日以内送达保证人,告知其如果对罚款决定不服,可以在收到决定书之日起五日以内向作出决定的公安机关申请复议。 公安机关应当在收到复议申请后七日以内作出决定。

保证人对复议决定不服的,可以在收到复议决定书后五日以内向上一级公安机关申请复核一次。 上一级公安机关应当在收到复核申请后七日以内作出决定。 对上级公安机关撤销或者变更罚款决定的,下级公安机关应当执行。

Article 105: 对于保证人罚款的决定已过复议期限,或者复议、复核后维持原决定或者变更罚款数额的,公安机关应当及时通知指定的银行将保证人罚款按照国家的有关规定上缴国库。 人民法院、人民检察院决定取保候审的,还应当在三日以内通知决定取保候审的机关。

Article 106: 对于犯罪嫌疑人采取保证人保证的,如果保证人在取保候审期间情况发生变化,不愿继续担保或者丧失担保条件,公安机关应当责令被取保候审人重新提出保证人或者交纳保证金,或者作出变更强制措施的决定。

人民法院、人民检察院决定取保候审的,负责执行的派出所应当自发现保证人不愿继续担保或者丧失担保条件之日起三日以内通知决定取保候审的机关。

Article 107:Public security organs must not interrupt the case investigation during th e period of release on guarantee pending further investigation, and shall promptly modify the compulsory measures against the suspect released on guarantee or conclude the release on guarantee pending further investigation, on the basis of changing circumstances.

Release of guarantee pending further investigation must not exceed 12 months.

Article 108:需要解除取保候审的,应当经县级以上公安机关负责人批准,制作解除取保候审决定书、通知书,并及时通知负责执行的派出所、被取保候审人、保证人和有关单位。

人民法院、人民检察院作出解除取保候审决定的,负责执行的公安机关应当根据决定书及时解除取保候审,并通知被取保候审人、保证人和有关单位。

Section 3: Residential Surveillance

Article 109:Public security organs may put criminal suspects who meet the requirements for arrest and have one of the following circumstances, under residential surveillance.

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

(2) Pregnant women or those currently nursing their own infant ;

(3) The sole caretakers of persons unable to care for themselves ;

(4) Due to special circumstances of the needs of case handling, it would be more appropriate to employ residential surveillance.

(5) The period of detention is complete but the case has not been fully resolved so that it is necessary to employ residential surveillance.

Where the people's procuratorate has decided not to approve the arrest of a suspect, but it is necessary to continue the investigation, and the requirements for residential surveillance are met, they may be placed under residential surveillance.

Suspects meeting the requirements for release on guarantee pending further investigation but who can neither provide a guarantor or hand over a guarantee deposit, may be placed under residential surveillance.

Persons released on guarantee pending further investigation who violate the provisions of articles 89 or 90 of these Provisions may be placed under residential surveillance.

Article 110:A written report requesting approval shall be made for suspects placed under residential surveillance, explaining the reasons for, the methods of residential surveillance employed and the rules that should be obeyed, and upon the approval of a public security organ at the county level or above, draft a residential surveillance decision and read it to the suspect, have the suspect sign it and leave a finger print. The residential surveillance decision documents shall be read to the criminal suspect and the criminal suspect is to sign it and leave a fingerprint.

Article 111:Residential surveillance shall be enforced in the residence of the criminal suspect or defendant; for those without a fixed residence, it may be enforced in a designated location. Where a crime endangering national security or terrorist activities is suspected, and enforcement in the residence would obstruct the investigation, enforcement may be in a designated location upon approval of the public security organ at the level above.

If there are any of the following, it is considered 'impeding the investigation' as used in this article:

(1) Might destroy or fabricate evidence, harass witness or collude on testimony;

(2) might lead to the suspect hurting themself, killing themself or fleeing;

(3) might lead to a co-criminal in the same case escaping or hampering the investigation;

(4) the criminal suspect or defendant is under residential surveillance and is physically dangerous;

(5) The suspect or defendant's family or workers in his workplace are implicated in the crime.

Persons put under residential surveillance in a designated location must not be requested to pay the expenses.

Article 112:"Fixed residence" indicates the lawful residence in which the person under residential surveillance lives within the city or county of the case-handling organ; "designated residence"indicates a living space within the city or county of the case-handling organ, designated by the public security organ on the basis of cases circumstances, for the person under residential surveillance.

The designated residence shall meet the following requirements:

(1)have the necessary requirements for normal life and resting

(2)Convenient for supervision and management;

(3)safety is ensured.

Residential surveillance must not be carried out in a detention facility, special case-handling facility or office facility.

Article 113:When residential surveillance is in a designated residence, unless there is no way to inform them, a notice of residential surveillance certificate shall be drawn up and the organ making the decision shall inform the family of the person under residential surveillance within 24 hours of enforcing residential surveillance.

Any of the following situations is considered 'no way to inform them' as used in this provision.

(1)The person doesn't say their true name and address and whose identity is uncertain.

(2)those without families;

(3)those who provided contact information for family by which there is no way to achieve contact;

(4) where there is no way to inform as a result of natural disaster or other force majeure.

When the condition making it impossible to inform has disappeared, the family of the person under residential surveillance shall be immediately notified.

Where there is no way to inform family, the reason shall be noted in the notice of residential surveillance.

Article 114:The provisions of articles 43, 44, and 45 of these rules are applicable to the retention of defense lawyers by persons under residential surveillance.

Article 115:When public security organs announce a residential surveillance decision, they shall inform the person place under residential surveillance that he must obey the following provisions:

(1) Must not leave the location of residential surveillance without the enforcing organ's permission.

(2) Must not meet or communicate with others without the permission of the enforcing organ;

(3) To appear promptly when given a custodial summons;

(4) must not in any way disrupt witnesses' testimony;

(5) must not destroy or fabricate evidence or collude testimony;

(6) hand over passports or other entry and exit documents, id cards or drivers licenses to the enforcing organ for keeping.

Article 116:Public security organs may employ surveillance methods such as electronic surveillance and unscheduled inspections against persons under residential surveillance to carry out supervision of their adherence to the rules of residential surveillance. During the investigation period, they may monitor a suspect under residential surveillance's phone, fax, letters, post, internet and other communications.

Article 117:Where public security organs make a decision for residential surveillance, it is enforced by the police substation for the location of the person under residential surveillance's residence or the residence designated for him by police, the case-handling department may assist in enforcement. When necessary, the case-handling department may also be responsible for enforcement with the police substation or other departments assisting in enforcement.

Article 118:Where people's courts and people's procuratorates make a residential surveillance decision, the county level public security organ responsible for enforcement shall, within 24 hours of receiving the legal documents and relevant materials, notify the police substation for the person under residential surveillance's residence or the designated location to enforce it after confirming the person's identity and residence. When necessary, the people's court or people's procuratorate may assist in the enforcement.

The police substation responsible for enforcement shall promptly inform the organ that made the residential surveillance decision of the enforcement situation.

Article 119:The police station or case-handling department responsible for enforcing residential surveillance shall strictly supervise, check in on, and guarantee the safety of the person under residential surveillance.

Article 120:Persons under residential surveillance who have a legitimate reason to leave their residence or the designated residence, or to meet with or communicate with others, shall get the permission of the responsible party at the police department or case handling department responsible for enforcing the residential surveillance.

Where the people's courts or people's procuratorates made a residential surveillance decision and the person under residential surveillance violates the rules they should obey, the police substation responsible for enforcement shall promptly inform the organ that made three residential surveillance decision.

Article 121:Where persons under residential surveillance have violated the rules they should obey, the public security organs shall follow the distinct situation to order the person to make a statement of repentance or give them an administrative punishment. Where the circumstances are serious, they may be arrested, and where arrest is necessary, they may first be taken into custody.

Where the people's courts or people's procuratorates made a residential surveillance decision and the person under residential surveillance violates the rules they should obey, the police substation responsible for enforcement shall promptly inform the organ that made three residential surveillance decision.

Article 122:During the period of residential surveillance, the public security organs must not suspend the case's investigation, and based on the changing case situation, shall promptly relieve the suspect under residential surveillance from residential surveillance or modify the compulsory measures.

At its longest, residential surveillance must not exceed 6 months.

Article 123:Where it is necessary to lift residential surveillance, a written decision on lifting residential surveillance shall be drafted upon approval from the responsible persons at a public security organ at the county level or above, and the enforcing police substation, the person under residential surveillance and relevant work-units are to be promptly notified.

Where people's courts or people's procuratorates make a decision to remove or modify residential surveillance, the public security organs responsible for enforcement shall promptly remove it and notify the person under residential surveillance and relevant work-units.

Section IV: Cutody

Article 124:Public security organs may first take suspects who are in the process of committing a crime or are major suspects into custody where they have any of the following circumstances:

(1)discovered while making preparations to commit a crime, committing a crime or immediately after committing a crime;

(2)the victim, or other persons who where at the scene and personally saw the offense, identify him as the perpetrator;

(3)Criminal evidence is discovered beside their person or in their domicile.

(4)attempts to commit suicide, escape or is currently fleeing;

(5)there is a chance of them destroying or fabricating evidence or colluding statements with others;

(6)won't state their real name or address and their identity is unclear;

(7)major criminal suspects that have committed crimes across regions, committed multiple crimes, or committed crimes as part of a gang.

Article 125:拘留犯罪嫌疑人,应当填写呈请拘留报告书,经县级以上公安机关负责人批准,制作拘留证。 执行拘留时,必须出示拘留证,并责令被拘留人在拘留证上签名、捺指印,拒绝签名、捺指印的,侦查人员应当注明。

紧急情况下,对于符合本规定第一百二十四条所列情形之一的,经出示人民警察证,可以将犯罪嫌疑人口头传唤至公安机关后立即审查,办理法律手续。

Article 126:After taking someone into custody, they shall immediately deliver the person in custody to be detained in a detention center, no later than 24 hours.

异地执行拘留,无法及时将犯罪嫌疑人押解回管辖地的,应当在宣布拘留后立即将其送抓获地看守所羁押,至迟不得超过二十四小时。 到达管辖地后,应当立即将犯罪嫌疑人送看守所羁押。

Article 127:除无法通知或者涉嫌危害国家安全犯罪、恐怖活动犯罪通知可能有碍侦查的情形以外,应当在拘留后二十四小时以内制作拘留通知书,通知被拘留人的家属。 拘留通知书应当写明拘留原因和羁押处所。

本条规定的“无法通知”的情形适用本规定第一百一十三条第二款的规定。

If there are any of the following, it is considered 'impeding the investigation' as used in this article:

(1) Might destroy or fabricate evidence, harass witness or collude on testimony;

(2) Might cause a co-criminal to flee or impede the investigation ;

(3) The criminal suspect's family are implicated in the crime.

Where the situation making there no way to notify or obstructing the investigation has dissipated, the person in custody's family shall be notified immediately.

Where the family was not notified within 24 hours, the reason shall be noted in the written custody notification.

Article 128:对被拘留的人,应当在拘留后二十四小时以内进行讯问。 发现不应当拘留的,应当经县级以上公安机关负责人批准,制作释放通知书,看守所凭释放通知书发给被拘留人释放证明书,将其立即释放。

Article 129:对被拘留的犯罪嫌疑人,经过审查认为需要逮捕的,应当在拘留后的三日以内,提请人民检察院审查批准。 在特殊情况下,经县级以上公安机关负责人批准,提请审查批准逮捕的时间可以延长一日至四日。

For major suspects who commit crimes in several places, commit multiple crimes or gang crimes, upon approval from the responsible persons at a public security at the county level or above, the time for submission of a request for review for arrest may be extended 30 days.

"Commit crimes in several places" as used in this article indicates a crime spree crossing city or county jurisdictions, or, after committing a crime in their place of residence, then continuing to commit crimes after having fled outside the city or county."Commit multiple crimes" indicates committing three of more crimes, and "commit gang crimes" indicates joint commission of a crime by two or more people.

Article 130:犯罪嫌疑人不讲真实姓名、住址,身份不明的,应当对其身份进行调查。 Suspects meeting the requirements for arrest, arrest approval may also be applied for using the name the person gave.

Article 131:After review of a suspect in custody, one of the following dispositions is made on the bases of the circumstances of the case and the approval of the responsible persons at a public security organ at the county level or above:

(1) Where arrest is necessary; during the period of custody, complete the formalities for requesting approval of arrest in accordance with law;

(2) Where criminal responsibility should be pursued but arrest is not necessary; directly transfer the case to the people's procuratorate for review for indictment in accordance with law, or , after completing the formalities for release on guarantee pending further investigation or residential surveillance in accordance with law, transfer the case to the people's procuratorate for review for indictment;

(3) Where the period for custody is complete, but the case-handling has not yet been finished and the investigation must be extended, complete the formalities for release on guarantee or residential surveillance;

(四)具有本规定第一百八十六条规定情形之一的,释放被拘留人,发给释放证明书;需要行政处理的,依法予以处理或者移送有关部门。

Article 132:人民检察院决定拘留犯罪嫌疑人的,由县级以上公安机关凭人民检察院送达的决定拘留的法律文书制作拘留证并立即执行。 必要时,可以请人民检察院协助。 拘留后,应当及时通知人民检察院。

公安机关未能抓获犯罪嫌疑人的,应当将执行情况和未能抓获犯罪嫌疑人的原因通知作出拘留决定的人民检察院。 对于犯罪嫌疑人在逃的,在人民检察院撤销拘留决定之前,公安机关应当组织力量继续执行。

Section 5: Arrest

Article 133: Where there is evidence proving the facts of the crime for which penalty of imprisonment or higher might be imposed, and where release on guarantee pending further investigation is insufficient to to prevent to following harms to society, it shall be submitted for approval of arrest:

(1) new crimes might be perpetrated;

(2) there is a threat of endangering national security, public safety or the social order.

(3) might destroy or fabricate evidence, or disturb witnesses' testimony or collude statements;

(4) might seek vengeance against the victims, persons who made reports, or accusres ;

(5) plan to commit suicide or escape.

Where there is evidence demonstrating that there is a crime that might receive a penalty of 10 years imprisonment or higher, or where there is evidence demonstrating that there is a crime that might be punished by imprisonment or higher and they have previously committed an intentional crime or their identity is unclear, arrest shall be requested.

When, on the basis of the preceding clause, public security organs request a people's procuratorate review for arrest, they shall explain the reason why the suspect is a danger to society.

Article 134:Having evidence proving the facts of the crime indicates simultaneously have the following circumstances:

(1) There is evidence proving the occurrence of a crime;

(2) There is evidence proving that the crime was perpetrated by the criminal suspect.

(3) the evidence proving that the suspect perpetrated the criminal conduct has already been confirmed and verified.

前款规定的“犯罪事实”既可以是单一犯罪行为的事实,也可以是数个犯罪行为中任何一个犯罪行为的事实。

Article 135:In any of the following circumstances where a person released on guarantee pending further investigation violates the terms of the release on guarantee, arrest may be applied for:

(1) Suspected of carrying out other criminal conduct;

(2) there is a threat of endangering national security, public safety or the social order.

(3) acted to destroy or fabricate evidence, or interfered with witness testimony or colluded testimony, sufficient to influence the normal conduct of the investigation;

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

(5) attempts suicide or escape to avoid investigation ;

(6) Left their city, county of residence without permission and of their own volition, and either the circumstances were serious or they did so two or more times..

(7) Does not appear upon being summoned with no legitimate reason, where the circumstances were serious or they did so two or more times.

(8) Violates rules to enter a designated venue, engange in a designated profession or meet with designated parsons two or more times.

Article 136:If the person under residential surveillance violates the rules of the residential surveillance, and there are any of the following situations, it may be submitted for approval of arrest:

(1) Suspected of carrying out other criminal conduct;

(2)Destroyed or fabricated evidence or disrupted witness testimony, colluded statements so as to impact the normal implementation of the investigation ;

(3)seeks revenge against the victim, internal reporter or accuser;

(4)attempts to commit suicide, flee or escape investigation ;

(5)leaves the location of residential surveillance of his own volition without getting permission, and the circumstances are serious, or voluntarily leaves the place of residential surveillance twice without permission;

(6)voluntarily meets or communicates with others without permission and the circumstances are serious or meets or communicates with others twice without permission;

(7) does not appear when summoned with no legitimate reason and the circumstances are serious, or does not appear when summoned twice.

Article 137:Where it is necessary to request the arrest of a criminal suspect, upon approval by the responsible persons at a public security organ at the county level or higher, a written request for approval of arrest shall be drafted and sent along with the case file materials and evidence to the people's procuratorate at the same level to review for approval of arrest.

Where criminal suspects voluntarily admit guilt and accept punishment, it shall be recorded in the cases, and the relevant circumstances are to be indicated in the documents for approval of arrest.

Article 138:Where the people's procuratorate does not approve arrest and gives notification to supplement the investigation, public security organs shall supplement the investigation in accordance with the people's procuratorate's outline for supplementary investigation.

When public security organs complete their supplementary investigation and feel that the requirements for arrest are met, they shall apply for approval of arrest de novo.

Article 139:Where the people's procuratorate does not approve arrest but has not explained the reason, the public security organ may request the people's procuratorate explain the reason.

Article 140:对于人民检察院决定不批准逮捕的,公安机关在收到不批准逮捕决定书后,如果犯罪嫌疑人已被拘留的,应当立即释放,发给释放证明书,并在执行完毕后三日以内将执行回执送达作出不批准逮捕决定的人民检察院。

Article 141 :Where [public security organs] feel that the people's procruatorate's decision not to approve arrest was in error and requires a reconsideration, they shall draft a written opinion requesting a reconsideration within five days of receiving the written decision to not approve arrest, and after receiving the persmission of the responsible persons at a public security organ at the county level or above, send it to the people's procuratorate at the level above for reconsideration. If the opinion is not accepted, and it is felt that a review is required, a written opinion requesting review shall be drafted within five days of receiving the people's procurataorate's written reconsideration decision, and after reporting to the responsible persons at a public security organ at the county level or above for permission, send it to the people's procuratorate at the level above, along with the reconsideration decision from the same level procuratorate.

If the opinion is not accepted, and it is felt that a review is required, a written opinion requesting review shall be drafted within five days of receiving the people's procurataorate's written reconsideration decision, and after reporting to the responsible persons at a public security organ at the county level or above for permission, send it to the people's procuratorate at the level above, along with the reconsideration decision from the same level procuratorate.

Article 142:接到人民检察院批准逮捕决定书后,应当由县级以上公安机关负责人签发逮捕证,立即执行,并在执行完毕后三日以内将执行回执送达作出批准逮捕决定的人民检察院。 如果未能执行,也应当将回执送达人民检察院,并写明未能执行的原因。

Article 143:执行逮捕时,必须出示逮捕证,并责令被逮捕人在逮捕证上签名、捺指印,拒绝签名、捺指印的,侦查人员应当注明。 After arrest, the arrested person shall be brought immediately brought for detention in the lock-up.

The number of investigative personnel enforcing an arrest must not be less than two persons.

Article 144:对被逮捕的人,必须在逮捕后的二十四小时以内进行讯问。 发现不应当逮捕的,经县级以上公安机关负责人批准,制作释放通知书,送看守所和原批准逮捕的人民检察院。 看守所凭释放通知书立即释放被逮捕人,并发给释放证明书。

Article 145 :对犯罪嫌疑人执行逮捕后,除无法通知的情形以外,应当在逮捕后二十四小时以内,制作逮捕通知书,通知被逮捕人的家属。 逮捕通知书应当写明逮捕原因和羁押处所。

本条规定的“无法通知”的情形适用本规定第一百一十三条第二款的规定。

Where circumstances cause there to be no way to give notice have dissipated, the family of the person arrested shall be notified immediately.

Where an arrested person's family was not notified within 24 hours, the reason should be noted in the written arrest notification.

Article 146:人民法院、人民检察院决定逮捕犯罪嫌疑人、被告人的,由县级以上公安机关凭人民法院、人民检察院决定逮捕的法律文书制作逮捕证并立即执行。 必要时,可以请人民法院、人民检察院协助执行。 执行逮捕后,应当及时通知决定机关。

公安机关未能抓获犯罪嫌疑人、被告人的,应当将执行情况和未能抓获的原因通知决定逮捕的人民检察院、人民法院。 对于犯罪嫌疑人、被告人在逃的,在人民检察院、人民法院撤销逮捕决定之前,公安机关应当组织力量继续执行。

Article 147:Where a people’s procuratorate carrying out review for arrest discovers that there are unlawful circumstances in the public security organs' investigatory activities and notify the public security organ to rectify them, the public security organ shall investigate and verify the situations and promptly correct any unlawful circumstances in a timely manner, and inform the people's procuratorate of the corrections in writing.

Section 6: Detention

Article 148:对犯罪嫌疑人逮捕后的侦查羁押期限不得超过二个月。 案情复杂、期限届满不能侦查终结的案件,应当制作提请批准延长侦查羁押期限意见书,经县级以上公安机关负责人批准后,在期限届满七日前送请同级人民检察院转报上一级人民检察院批准延长一个月。

Article 149:下列案件在本规定第一百四十八条规定的期限届满不能侦查终结的,应当制作提请批准延长侦查羁押期限意见书,经县级以上公安机关负责人批准,在期限届满七日前送请同级人民检察院层报省、自治区、直辖市人民检察院批准,延长二个月:

(1)Major, complicated cases in remote regions where transportation is extremely inconvenient;

(2)Major cases of gang crimes;

(3)major, complicated cases of crimes being committed in several locations;

(4)major, complicated cases involving a large area making it difficult to gather evidence.

Article 150:对犯罪嫌疑人可能判处十年有期徒刑以上刑罚,依照本规定第一百四十九条规定的延长期限届满,仍不能侦查终结的,应当制作提请批准延长侦查羁押期限意见书,经县级以上公安机关负责人批准,在期限届满七日前送请同级人民检察院层报省、自治区、直辖市人民检察院批准,再延长二个月。

Article 151:在侦查期间,发现犯罪嫌疑人另有重要罪行的,应当自发现之日起五日以内报县级以上公安机关负责人批准后,重新计算侦查羁押期限,制作变更羁押期限通知书,送达看守所,并报批准逮捕的人民检察院备案。

"Other important criminal conduct" as referred to in the preceding clause refers to major crimes of a different type than those at the time of the arrest, or major crimes of the same type that impact the charged offense or the sentencing class.

Article 152:犯罪嫌疑人不讲真实姓名、住址,身份不明的,应当对其身份进行调查。 经县级以上公安机关负责人批准,侦查羁押期限自查清其身份之日起计算,但不得停止对其犯罪行为的侦查取证。

Where the facts of the crime are clear and the evidence is credible and sufficient, and there is truly no way to clarify their identity, transfer the case to the people's procuratorate for review for indictment using the name he provides.

Article 153:看守所应当凭公安机关签发的拘留证、逮捕证收押被拘留、逮捕的犯罪嫌疑人、被告人。 犯罪嫌疑人、被告人被送至看守所羁押时,看守所应当在拘留证、逮捕证上注明犯罪嫌疑人、被告人到达看守所的时间。

When a wanted suspect or an at large suspect is being captured,and it is necessary to temporarily detain them to carry out the duty to pursue and escort them, the wanted notice or other legal documents, along with approval from the responsible persons for a public security department at the county level or above, shall be brought when sending them to the detention center for detention.

When a suspect is leaving temporary detention, the detention center shall issue a proof of detention for that suspect; specifying the suspect's basic circumstances, the reason for detention and the times at which they entered and exited the facility.

Article 154:Detention centers accepting suspects, defendants or convicts into detention shall conduct a health and body inspection and make a record.

Article 155:看守所收押犯罪嫌疑人、被告人和罪犯,应当对其人身和携带的物品进行安全检查。 发现违禁物品、犯罪证据和可疑物品,应当制作笔录,由被羁押人签名、捺指印后,送办案机关处理。

Physical inspection of females shall be conducted by female staff.

Section 7: Other Provisions

Article 156:继续盘问期间发现需要对犯罪嫌疑人拘留、逮捕、取保候审或者监视居住的,应当立即办理法律手续。

Article 157:对犯罪嫌疑人执行拘传、拘留、逮捕、押解过程中,应当依法使用约束性警械。 遇有暴力性对抗或者暴力犯罪行为,可以依法使用制服性警械或者武器。

Article 158:公安机关发现对犯罪嫌疑人采取强制措施不当的,应当及时撤销或者变更。 犯罪嫌疑人在押的,应当及时释放。 公安机关释放被逮捕的人或者变更逮捕措施的,应当通知批准逮捕的人民检察院。

Article 159:犯罪嫌疑人被逮捕后,人民检察院经审查认为不需要继续羁押,建议予以释放或者变更强制措施的,公安机关应当予以调查核实。 认为不需要继续羁押的,应当予以释放或者变更强制措施;认为需要继续羁押的,应当说明理由。

The public security organ shall inform the people’s procuratorate of the matter's disposition within ten days.

Article 160:犯罪嫌疑人及其法定代理人、近亲属或者辩护人有权申请变更强制措施。 公安机关应当在收到申请后三日以内作出决定;不同意变更强制措施的,应当告知申请人,并说明理由。

Article 161:Where the time limit for the compulsory measure imposed on a suspect is complete, the public security organ shall release him, end release on guarantee, end residential surveillance, or modify the compulsory measures in accordance with law.

犯罪嫌疑人及其法定代理人、近亲属或者辩护人对于公安机关采取强制措施法定期限届满的,有权要求公安机关解除强制措施。 公安机关应当进行审查,对于情况属实的,应当立即解除或者变更强制措施。

A detention center shall immediately notify the case-handling department when the time limit for a detained suspect or defendant is about to be completed.

Article 162:Where release on guarantee pending further investigation is to be modified into residential surveillance, or release on guarantee or residential surveillance is to be modified into detention or arrest, the formalities for lifting the original compulsory measure are not to be completed.

Article 163:Where a case is transferred for review for indictment during the period which a suspect is released on guarantee or placed under residential surveillance, and the people’s procuratorate decides to newly release them on guarantee or newly place them under residential surveillance, or change the compulsory measure to a different one, the formalities for lifting the original compulsory measure are not to be completed.

Article 164:Where a public security organ places a deputy of a people’s congress at the county level or above under custodial summons, release on guarantee pending further investigation, residential surveillance, detention, or applies for approval of their arrest in accordance with law, it shall submit a written request for permission to the chairmen of the standing committee of the people’s congress to which the deputy belongs.

Article 165:Where a public security organ discovers that during the course of taking an offender caught committing a crime into custody is a deputy to a people’s congress at the county level or above, it shall immediately report this to the chairmen or the standing committee of the people’s congress to which the deputy belongs.

公安机关在依法执行拘传、取保候审、监视居住、拘留或者逮捕中,发现被执行人是县级以上人民代表大会代表的,应当暂缓执行,并报告决定或者批准机关。 如果在执行后发现被执行人是县级以上人民代表大会代表的,应当立即解除,并报告决定或者批准机关。

Article 166:Where a public security organ places a deputy from a village, minority village or township people's congress under custodial summons, release on guarantee pending further investigation, residential surveillance, detention, or enforces an arrest in accordance with law, it shall immediately notify the people's congress to which he belongs, after enforcement begins.

Article 167:Where a public security organ places a member of a political consultative committee under custodial summons, release on guarantee pending further investigation, residential surveillance, detention, or enforces an arrest in accordance with law, this circumstance shall be reported to the political consultative organization to which the member belongs..

Chapter 168:Before detaining or arresting a political consultative committee member in accordance with law, a public security organ shall report the situation to the political consultative organization to which the committee member belongs; if the circumstance are urgent, the report may be made at the same time as the enforcement or immediately after enforcement.

Chapter VII: Opening or Withdrawing a Case

Section 1: Accepting a Case

Article 169 :公安机关对于公民扭送、报案、控告、举报或者犯罪嫌疑人自动投案的,都应当立即接受,问明情况,并制作笔录,经核对无误后,由扭送人、报案人、控告人、举报人、投案人签名、捺指印。 必要时,应当对接受过程录音录像。

Article 170 :公安机关对扭送人、报案人、控告人、举报人、投案人提供的有关证据材料等应当登记,制作接受证据材料清单,由扭送人、报案人、控告人、举报人、投案人签名,并妥善保管。 必要时,应当拍照或者录音录像。

Article 171:公安机关接受案件时,应当制作受案登记表和受案回执,并将受案回执交扭送人、报案人、控告人、举报人。 扭送人、报案人、控告人、举报人无法取得联系或者拒绝接受回执的,应当在回执中注明。

Article 172:公安机关接受控告、举报的工作人员,应当向控告人、举报人说明诬告应负的法律责任。 但是,只要不是捏造事实、伪造证据,即使控告、举报的事实有出入,甚至是错告的,也要和诬告严格加以区别。

Article 173:Public security organs shall insure the safety of the person turning someone in, making a report, accusation or whistle-blower report, and that of their close relatives.

If the persons turning someone in, making a report, accusation or whistle-blower complaint is unwilling to reveal their identity, their confidentiality will be preserved and this will be noted in the materials .

Article 174 :The public security organs shall quickly conduct an investigation of cases they accept or criminal leads they discover. 发现案件事实或者线索不明的,必要时,经办案部门负责人批准,可以进行调查核实。

调查核实过程中,公安机关可以依照有关法律和规定采取询问、查询、勘验、鉴定和调取证据材料等不限制被调查对象人身、财产权利的措施。 但是,不得对被调查对象采取强制措施,不得查封、扣押、冻结被调查对象的财产,不得采取技术侦查措施。

Article 175 :经过审查,认为有犯罪事实,但不属于自己管辖的案件,应当立即报经县级以上公安机关负责人批准,制作移送案件通知书,在二十四小时以内移送有管辖权的机关处理,并告知扭送人、报案人、控告人、举报人。 对于不属于自己管辖而又必须采取紧急措施的,应当先采取紧急措施,然后办理手续,移送主管机关。

对不属于公安机关职责范围的事项,在接报案时能够当场判断的,应当立即口头告知扭送人、报案人、控告人、举报人向其他主管机关报案。

对于重复报案、案件正在办理或者已经办结的,应当向扭送人、报案人、控告人、举报人作出解释,不再登记,但有新的事实或者证据的除外。

Article 176 :Upon review, in cases requiring an complaint before handling, the public security organs shall notify the party to raise a suit with the people's courts.

In minor criminal cases where the victims have evidence, public security organs should inform the victims that they may bring a lawsuit with the people's courts ; where the victims request that the public security organs handle it, the public security organs shall accept it in accordance with law.

Where people's courts hear private prosecution cases and lawfully collect case materials and relevant evidence already gathered by the public security organs, the public security organs, shall promptly send them

Article 177 :Those that upon review are not sufficient for criminal punishment and must be given administrative dispositions , are handled in accordance with law or transferred to the relative departments.

Section 2: Opening a Case

Article 178:After the public security organ has received a case, and upon review finds that there are criminal facts,that criminal liability needs to be pursued, and that the case falls within their jurisdiction; it will file the case upon approval from the responsible person at a public security organ at the county level or higher. Where it is found that there are no facts of a crime or that the criminal facts are clearly minor and do not need to be pursued for criminal liability, or where there are other circumstances whereby it doesn't need to be pursued for criminal liability in accordance with law, the case is not filed upon approval of a the responsible person at a public security organ at the county level or above.

Where it is decided not to file a case in a case where there is a complaint, the public security organs shall draft a notice of non-filing and send it to the person making the accusation within 3 days.

决定不予立案后又发现新的事实或者证据,或者发现原认定事实错误,需要追究刑事责任的,应当及时立案处理。

Article 179: 控告人对不予立案决定不服的,可以在收到不予立案通知书后七日以内向作出决定的公安机关申请复议;公安机关应当在收到复议申请后三十日以内作出决定,并将决定书送达控告人。

控告人对不予立案的复议决定不服的,可以在收到复议决定书后七日以内向上一级公安机关申请复核;上一级公安机关应当在收到复核申请后三十日以内作出决定。 对上级公安机关撤销不予立案决定的,下级公安机关应当执行。

案情重大、复杂的,公安机关可以延长复议、复核时限,但是延长时限不得超过三十日,并书面告知申请人。

Article 180:The public security organs shall conduct a review of cases transferred by administrative enforcement organs within 3 days of receiving them, and where finding that there are facts of crime that need to be pursued for criminal liability and deciding to file a case in accordance with law, shall notify the transferring administrative enforcement organ in writing. Where it is found that there are no criminal facts, or that the crime is clearly minor and it is not necessary to pursue criminal liability, and a case is not filed, the reason shall be explained and a written notice of non-filing sent to the administrative enforcement organ transferring the case, and the corresponding case materials returned.

公安机关认为行政执法机关移送的案件材料不全的,应当在接受案件后二十四小时以内通知移送案件的行政执法机关在三日以内补正,但不得以材料不全为由不接受移送案件。

公安机关认为行政执法机关移送的案件不属于公安机关职责范围的,应当书面通知移送案件的行政执法机关向其他主管机关移送案件,并说明理由。

Article 181:In the transferring administrative law enforcement organ is not persuaded by the decision to not file a case, it may apply for a reconsideration to the public security organ making the decision within 3 days of receiving the written non-filing notice. public security organs shall make a decision within 3 days of receiving an administrative law enforcement organ's application for reconsideration and notify the administrative law enforcement organ that transferred the case .

Article 182:对人民检察院要求说明不立案理由的案件,公安机关应当在收到通知书后七日以内,对不立案的情况、依据和理由作出书面说明,回复人民检察院。 公安机关作出立案决定的,应当将立案决定书复印件送达人民检察院。

Where people's procuratorates notify public security organs to file a case, the public security organs shall file the case within 15 days of receiving the written notice and send a copy of the decision to file to the people's procuratorate.

Article 183:Where the people's procuratorates find that public security organs should file a case but have not, and issue a corrective opinion, the public security organs shall conduct an investigation and verification and report the circumstances in response to the people's procuratorate.

Article 184:经立案侦查,认为有犯罪事实需要追究刑事责任,但不属于自己管辖或者需要由其他公安机关并案侦查的案件,经县级以上公安机关负责人批准,制作移送案件通知书,移送有管辖权的机关或者并案侦查的公安机关,并在移送案件后三日以内书面通知扭送人、报案人、控告人、举报人或者移送案件的行政执法机关;犯罪嫌疑人已经到案的,应当依照本规定的有关规定通知其家属。

Article 185:案件变更管辖或者移送其他公安机关并案侦查时,与案件有关的法律文书、证据、财物及其孳息等应当随案移交。

When transferring, the recipient and sender review each point and jointly sign the transfer documents.

Section 3: Withdrawing a Case

Article 186:Where upon investigation any of the following situations is discovered, the case shall be withdrawn:

(1) There are no criminal facts;

(2) The circumstances seem slight, the harm is not large and it is not considered a crime;

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

(4) Following a clemency order, punishment is waived;

(5) The criminal suspect has died;

(6) Other reasons why criminal liability should not be pursued.

Where upon investigation it is discovered that there are facts of a crime that need to be pursued for criminal liability, but that they were not committed by the suspect whose case has been filed and investigated, or where in a joint criminal case some of the suspects do not comprise a crime, investigation of the relevant suspects shall be terminated, but investigation of the case shall continue.

Article 187:需要撤销案件或者对犯罪嫌疑人终止侦查的,办案部门应当制作撤销案件或者终止侦查报告书,报县级以上公安机关负责人批准。

公安机关决定撤销案件或者对犯罪嫌疑人终止侦查时,原犯罪嫌疑人在押的,应当立即释放,发给释放证明书。 原犯罪嫌疑人被逮捕的,应当通知原批准逮捕的人民检察院。 对原犯罪嫌疑人采取其他强制措施的,应当立即解除强制措施;需要行政处理的,依法予以处理或者移交有关部门。

对查封、扣押的财物及其孳息、文件,或者冻结的财产,除按照法律和有关规定另行处理的以外,应当解除查封、扣押、冻结,并及时返还或者通知当事人。

Article 188:犯罪嫌疑人自愿如实供述涉嫌犯罪的事实,有重大立功或者案件涉及国家重大利益,需要撤销案件的,应当层报公安部,由公安部商请最高人民检察院核准后撤销案件。 报请撤销案件的公安机关应当同时将相关情况通报同级人民检察院。

公安机关根据前款规定撤销案件的,应当对查封、扣押、冻结的财物及其孳息作出处理。

Article 189:After public security organs make a decision to withdraw a case, they shall inform the former suspect, the victims or their relatives, and the legal representatives within 3 days, as well as the organ to which the case is transferred.

After making the decision to terminate an investigation, public security organs shall inform the former suspects within three days.

Article 190:公安机关撤销案件以后又发现新的事实或者证据,或者发现原认定事实错误,认为有犯罪事实需要追究刑事责任的,应当重新立案侦查。

对犯罪嫌疑人终止侦查后又发现新的事实或者证据,或者发现原认定事实错误,需要对其追究刑事责任的,应当继续侦查。

Chapter VIII: Investigation

Section 1: Ordinary Provisions

Article 191: Public security organs shall promptly conduct an investigation of cases that have already been filed and comprehensively and objectively gather and collect evidence materials showing the suspects' guilt or innocence, and the lightness or seriousness of the crime.

Article 192:公安机关经过侦查,对有证据证明有犯罪事实的案件,应当进行预审,对收集、调取的证据材料的真实性、合法性、关联性及证明力予以审查、核实。

Article 193:Public security organs investigating crimes shall strictly follow the requirements of legal provisions and procedures in adopting compulsory measures and investigative measures, strictly prohibiting the imposition of compulsory measures or investigative measures on a criminal suspect based only on suspicion but without any evidence.

Article 194:公安机关开展勘验、检查、搜查、辨认、查封、扣押等侦查活动,应当邀请有关公民作为见证人。

The following persons must not serve as witnesses in investigation activities:

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

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

(三)公安机关的工作人员或者其聘用的人员。

确因客观原因无法由符合条件的人员担任见证人的,应当对有关侦查活动进行全程录音录像,并在笔录中注明有关情况。

Article 195:Public security organs investigating crimes which touch upon state secrets, commercial secrets or personal privacy shall preserve their confidentiality.

Article 196:Parties, their defenders, agents ad litem, or interested parties have the right to make a complaint or accusation regarding public security organs and their investigators in any of the following situations.

(1)The period for compulsory measures is complete, but there is no release, removal or modification of the compulsory measure;

(2)The guarantee deposit for release on guarantee pending further investigation should be returned but has not been;

(3) Seals, Seizes or freezes assets not related to the case ;

(4)should cease the sealing, seizure or freezing, but don't do so ;

(5) Corruption, misappropriation, embezzlement, or exchanges, in violation of the rules for sealing, seizing and freezing property.

受理申诉或者控告的公安机关应当及时进行调查核实,并在收到申诉、控告之日起三十日以内作出处理决定,书面回复申诉人、控告人。 发现公安机关及其侦查人员有上述行为之一的,应当立即纠正。

Article 197:上级公安机关发现下级公安机关存在本规定第一百九十六条第一款规定的违法行为或者对申诉、控告事项不按照规定处理的,应当责令下级公安机关限期纠正,下级公安机关应当立即执行。 必要时,上级公安机关可以就申诉、控告事项直接作出处理决定。

Section 2: Interrogating Criminal Suspects

Article 198:讯问犯罪嫌疑人,除下列情形以外,应当在公安机关执法办案场所的讯问室进行:

(一)紧急情况下在现场进行讯问的;

(二)对有严重伤病或者残疾、行动不便的,以及正在怀孕的犯罪嫌疑人,在其住处或者就诊的医疗机构进行讯问的。

对于已送交看守所羁押的犯罪嫌疑人,应当在看守所讯问室进行讯问。

对于正在被执行行政拘留、强制隔离戒毒的人员以及正在监狱服刑的罪犯,可以在其执行场所进行讯问。

对于不需要拘留、逮捕的犯罪嫌疑人,经办案部门负责人批准,可以传唤到犯罪嫌疑人所在市、县公安机关执法办案场所或者到他的住处进行讯问。

Article 199:传唤犯罪嫌疑人时,应当出示传唤证和侦查人员的人民警察证,并责令其在传唤证上签名、捺指印。

犯罪嫌疑人到案后,应当由其在传唤证上填写到案时间。 传唤结束时,应当由其在传唤证上填写传唤结束时间。 犯罪嫌疑人拒绝填写的,侦查人员应当在传唤证上注明。

对在现场发现的犯罪嫌疑人,侦查人员经出示人民警察证,可以口头传唤,并将传唤的原因和依据告知被传唤人。 在讯问笔录中应当注明犯罪嫌疑人到案方式,并由犯罪嫌疑人注明到案时间和传唤结束时间。

Suspects who turn themselves in to a public security organ, or are brought in by others, may be summoned in accordance with law.

Article 200:传唤持续的时间不得超过十二小时。 案情特别重大、复杂,需要采取拘留、逮捕措施的,经办案部门负责人批准,传唤持续的时间不得超过二十四小时。 不得以连续传唤的形式变相拘禁犯罪嫌疑人。

Where the period of summons is complete but a decision has not been made to employ other compulsory measures, the summons shall be immediately concluded.

Article 201:Summons, custodial summons, and interrogation of suspects shall ensure the suspects' food, drink and necessary time for sleep, and record this in the case.

Article 202:讯问犯罪嫌疑人,必须由侦查人员进行。 When interrogating, there must be at least 2 investigators.

Interrogation of suspects in the same case shall be conducted separately.

Article 203:侦查人员讯问犯罪嫌疑人时,应当首先讯问犯罪嫌疑人是否有犯罪行为,并告知犯罪嫌疑人享有的诉讼权利,如实供述自己罪行可以从宽处理以及认罪认罚的法律规定,让他陈述有罪的情节或者无罪的辩解,然后向他提出问题。

Suspects shall truthfully answer investigators' questions. However,they have the right to refuse to answer questions that are not not relevant to the case.

第一次讯问,应当问明犯罪嫌疑人的姓名、别名、曾用名、出生年月日、户籍所在地、现住地、籍贯、出生地、民族、职业、文化程度、政治面貌、工作单位、家庭情况、社会经历,是否属于人大代表、政协委员,是否受过刑事处罚或者行政处理等情况。

Article 204:Interrogation of deaf or mute suspects shall have persons who understand deaf-mute signs participate, and the circumstance of the suspect being deaf or mute is noted in the record as well as the translators' names, work units and profession.

An interpreter shall be provided when interrogating a suspect who does not understand the local language and writing.

Article 205:侦查人员应当将问话和犯罪嫌疑人的供述或者辩解如实地记录清楚。 制作讯问笔录应当使用能够长期保持字迹的材料。

Article 206:讯问笔录应当交犯罪嫌疑人核对;对于没有阅读能力的,应当向他宣读。 如果记录有遗漏或者差错,应当允许犯罪嫌疑人补充或者更正,并捺指印。 笔录经犯罪嫌疑人核对无误后,应当由其在笔录上逐页签名、捺指印,并在末页写明“以上笔录我看过(或向我宣读过),和我说的相符”。 拒绝签名、捺指印的,侦查人员应当在笔录上注明。

讯问笔录上所列项目,应当按照规定填写齐全。 侦查人员、翻译人员应当在讯问笔录上签名。

Article 207:犯罪嫌疑人请求自行书写供述的,应当准许;必要时,侦查人员也可以要求犯罪嫌疑人亲笔书写供词。 犯罪嫌疑人应当在亲笔供词上逐页签名、捺指印。 侦查人员收到后,应当在首页右上方写明“于某年某月某日收到”,并签名。

Article 208:讯问犯罪嫌疑人,在文字记录的同时,可以对讯问过程进行录音录像。 对于可能判处无期徒刑、死刑的案件或者其他重大犯罪案件,应当对讯问过程进行录音录像。

前款规定的“可能判处无期徒刑、死刑的案件”,是指应当适用的法定刑或者量刑档次包含无期徒刑、死刑的案件。 “其他重大犯罪案件”,是指致人重伤、死亡的严重危害公共安全犯罪、严重侵犯公民人身权利犯罪,以及黑社会性质组织犯罪、严重毒品犯罪等重大故意犯罪案件。

对讯问过程录音录像的,应当对每一次讯问全程不间断进行,保持完整性。 不得选择性地录制,不得剪接、删改。

Article 209:Public security organs shall earnestly review and verify facts in the suspect's statements showing a crime, innocence or the lightness of the offense and defenses or counter-proofs, as well as any evidence provided by the suspect that shows their own innocence or the lightness of the crime. All relevant evidence, regardless of whether it is accepted as true, shall be accurately recorded, properly kept, and included in the case file along with the review and verification.

Section 3: Questioning Witnesses and Victims

Article 210:询问证人、被害人,可以在现场进行,也可以到证人、被害人所在单位、住处或者证人、被害人提出的地点进行。 在必要的时候,可以书面、电话或者当场通知证人、被害人到公安机关提供证言。

Questioning of witnesses and victims shall be conducted individually.

在现场询问证人、被害人,侦查人员应当出示人民警察证。 到证人、被害人所在单位、住处或者证人、被害人提出的地点询问证人、被害人,应当经办案部门负责人批准,制作询问通知书。 询问前,侦查人员应当出示询问通知书和人民警察证。

Article 211:询问前,应当了解证人、被害人的身份,证人、被害人、犯罪嫌疑人之间的关系。 询问时,应当告知证人、被害人必须如实地提供证据、证言和有意作伪证或者隐匿罪证应负的法律责任。

Investigators must not reveal case circumstances to witnesses or victims, or express their views on the case; use of violence, threats or other illegal methods of questioning witnesses or victims are strictly prohibited.

Article 212:本规定第二百零六条、第二百零七条的规定,也适用于询问证人、被害人。

Section 4: Inquests and Inspections

Article 213:侦查人员对于与犯罪有关的场所、物品、人身、尸体应当进行勘验或者检查,及时提取、采集与案件有关的痕迹、物证、生物样本等。 When nescessary, persons with expert knowledge may be appointed or hired to carry out the inquest or inspection over which inspectors preside.

Article 214:The police sub-station, patrol police and other departments at the place where the crime occurred shall properly preserve the crime scene and evidence, control the suspects and immediately report to the public security organ department with primary responsibility.

After the investigators conducting the inquest receive notice, they shall immediately report to the scene; at the inquest scene, they shall should have a crime scene inspection document.

Article 215:公安机关对案件现场进行勘查,侦查人员不得少于二人。

Article 216:勘查现场,应当拍摄现场照片、绘制现场图,制作笔录,由参加勘查的人和见证人签名。 对重大案件的现场勘查,应当录音录像。

Article 217:为了确定被害人、犯罪嫌疑人的某些特征、伤害情况或者生理状态,可以对人身进行检查,依法提取、采集肖像、指纹等人体生物识别信息,采集血液、尿液等生物样本。 被害人死亡的,应当通过被害人近亲属辨认、提取生物样本鉴定等方式确定被害人身份。

犯罪嫌疑人拒绝检查、提取、采集的,侦查人员认为必要的时候,经办案部门负责人批准,可以强制检查、提取、采集。

Physical inspections of women shall be performed by female personnel or doctors.

检查的情况应当制作笔录,由参加检查的侦查人员、检查人员、被检查人员和见证人签名。 被检查人员拒绝签名的,侦查人员应当在笔录中注明。

Article 218:To determine the cause of death, with the approval of the responsible person at a public security organ at the county level or above, an autopsy may be conducted, and the decedent's family notified to appear and have them sign the autopsy notice.

死者家属无正当理由拒不到场或者拒绝签名的,侦查人员应当在解剖尸体通知书上注明。 对身份不明的尸体,无法通知死者家属的,应当在笔录中注明。

Article 219:For bodies where the cause of death has already been determined and it is not necessary to continue preserving them, the family shall be notified to retrieve it, and where there is no way to notify family or where families refuse retrieval, with the approval of the responsible person at a public security organ at the county level or above, it may be disposed of immediately.

Article 220:Where after public security organs conduct an inquest or inspection, the people's procuratorate requests an re-inquest or re-examination, the public security organs shall conduct conduct a re-inquest or re-examination, and may notify the people's procuratorate to assign someone to participate.

Article 221:When necessary to clarify case facts, with the approval of the responsible person at a public security organ at the county level or above, investigative experiments may be conducted.

进行侦查实验,应当全程录音录像,并制作侦查实验笔录,由参加实验的人签名。

All conduct that could cause danger, personal insult , moral decay is prohibited in conducting investigative experiments.

Section 5: Searches

Article 222:In order to collect evidence of a crime and catch the perpetrator, upon approval by the responsible persons at a public security organ at the county level or above , investigators may search the body, items, residence and other relevant places of suspects who might be hiding evidence of a crime or criminals.

Article 223:In conducting a search, a search warrant must be presented to the person subject to the search, and the search must not be conducted by less than 2 persons.

Article 224:Where encountering any of the following emergency situations while taking someone into custody or implementing an arrest, a search may be conducted without a search warrant:

(1) might be carrying a weapon;

(2) might be concealing explosives, poisons or other such harmful items;

(3) might conceal, destroy, or transfer evidence of the crime.

(4) Might conceal other suspects;

(5) Other suddenly occurring emergency situations.

Article 225:When conducting a search, the person subject to the search or their families, neighbors or other authenticating witnesses shall be present.

公安机关可以要求有关单位和个人交出可以证明犯罪嫌疑人有罪或者无罪的物证、书证、视听资料等证据。 遇到阻碍搜查的,侦查人员可以强制搜查。

Searches of women's bodies shall be carried out by female personnel.

Article 226:A record shall be made of the search conditions and signed by the investigators and the person subject to the search or his family, neighbors or other authenticating witnesses.

If the person subject to search refuses to sign or is at large, and his family refuses to sign or was not at the scene, investigators shall note this in the record.

Section 6: Sealing and Seizure

Article 227:Property and documents discovered during investigative activities which might be used to show that the suspect is guilty or innocent shall be sealed or seized, but property and documents which have no connection with the cases must not be sealed or seized.

Where the person in possession refuses to hand over property or documents which shall be sealed or seized, the public security organs may compel the sealing or seizure.

Article 228:Where it is necessary to seize property or documents during the investigative process, it shall be done upon the approval of the responsible person at the case-handling department and a written decision to seize shall be drafted; Where it is necessary to seize property or assets on site during an inspection or search, the directors at the scene shall make the decision, however, where the property is highly valuable or might seriously impact regular business, it shall be done with the approval of the responsible person at a public security organ at the county level or above and a written seizure decision drafted.

Where during the course of investigation it is necessary to seal land, real property or other immovable property, or boats, aircraft or other difficult to move large machines or equipment and other designated equipment, it shall be done with the approval of the responsible person at a public security organ at the county level or above and a written decision to seal drafted.

Article 229:执行查封、扣押的侦查人员不得少于二人,并出示本规定第二百二十八条规定的有关法律文书。

查封、扣押的情况应当制作笔录,由侦查人员、持有人和见证人签名。 对于无法确定持有人或者持有人拒绝签名的,侦查人员应当在笔录中注明。

Article 230:Assets or documents that are sealed or seized shall be clearly inventoried triplicate at the scene together with witnesses or the persons in possession of the assets or documents that are being seized and sealed; clearly stating the name, code number, quantity characteristics and source of the items; and the investigators, witnesses and person holding the items shall sign the list, with one copy being given to the person in possession of the items, one being given to custodian at the public security organ, and one copy being placed in the file for future reference.

对于财物、文件的持有人无法确定,以及持有人不在现场或者拒绝签名的,侦查人员应当在清单中注明。

依法扣押文物、贵金属、珠宝、字画等贵重财物的,应当拍照或者录音录像,并及时鉴定、估价。

执行查封、扣押时,应当为犯罪嫌疑人及其所扶养的亲属保留必需的生活费用和物品。 能够保证侦查活动正常进行的,可以允许有关当事人继续合理使用有关涉案财物,但应当采取必要的保值、保管措施。

Article 231:对作为犯罪证据但不便提取或者没有必要提取的财物、文件,经登记、拍照或者录音录像、估价后,可以交财物、文件持有人保管或者封存,并且开具登记保存清单一式两份,由侦查人员、持有人和见证人签名,一份交给财物、文件持有人,另一份连同照片或者录音录像资料附卷备查。 财物、文件持有人应当妥善保管,不得转移、变卖、毁损。

Article 232:The seizure of criminal suspects' mail, e-mail, or telegram, shall be upon approval by the responsible person for a public security organs at the county level or above, and have a written notice of seizure of mail or telegram drafted, and notice given to the postal communications department or network services unit to make the seizure.

When it unnecessary to continue the seizure, upon approval by the responsible person for a public security organs at the county level or above, written release of seizure of mail or telegram shall be drafted, and notice immediately given to the postal communications department or network services unit.

Article 233:对查封、扣押的财物、文件、邮件、电子邮件、电报,经查明确实与案件无关的,应当在三日以内解除查封、扣押,退还原主或者原邮电部门、网络服务单位;原主不明确的,应当采取公告方式告知原主认领。 在通知原主或者公告后六个月以内,无人认领的,按照无主财物处理,登记后上缴国库。

Article 234:有关犯罪事实查证属实后,对于有证据证明权属明确且无争议的被害人合法财产及其孳息,且返还不损害其他被害人或者利害关系人的利益,不影响案件正常办理的,应当在登记、拍照或者录音录像和估价后,报经县级以上公安机关负责人批准,开具发还清单返还,并在案卷材料中注明返还的理由,将原物照片、发还清单和被害人的领取手续存卷备查。

领取人应当是涉案财物的合法权利人或者其委托的人;委托他人领取的,应当出具委托书。 侦查人员或者公安机关其他工作人员不得代为领取。

Where the victim cannot be found or the victim does not claim it after being notified, the property and its yields shall be transferred with the case.

Article 235:对查封、扣押的财物及其孳息、文件,公安机关应当妥善保管,以供核查。 任何单位和个人不得违规使用、调换、损毁或者自行处理。

县级以上公安机关应当指定一个内设部门作为涉案财物管理部门,负责对涉案财物实行统一管理,并设立或者指定专门保管场所,对涉案财物进行集中保管。

对价值较低、易于保管,或者需要作为证据继续使用,以及需要先行返还被害人的涉案财物,可以由办案部门设置专门的场所进行保管。 办案部门应当指定不承担办案工作的民警负责本部门涉案财物的接收、保管、移交等管理工作;严禁由侦查人员自行保管涉案财物。

Article 236:在侦查期间,对于易损毁、灭失、腐烂、变质而不宜长期保存,或者难以保管的物品,经县级以上公安机关主要负责人批准,可以在拍照或者录音录像后委托有关部门变卖、拍卖,变卖、拍卖的价款暂予保存,待诉讼终结后一并处理。

对于违禁品,应当依照国家有关规定处理;需要作为证据使用的,应当在诉讼终结后处理。

Section 7: Queries, Freezing of assets

Article 237:公安机关根据侦查犯罪的需要,可以依照规定查询、冻结犯罪嫌疑人的存款、汇款、证券交易结算资金、期货保证金等资金,债券、股票、基金份额和其他证券,以及股权、保单权益和其他投资权益等财产,并可以要求有关单位和个人配合。

对于前款规定的财产,不得划转、转账或者以其他方式变相扣押。

Article 238:向金融机构等单位查询犯罪嫌疑人的存款、汇款、证券交易结算资金、期货保证金等资金,债券、股票、基金份额和其他证券,以及股权、保单权益和其他投资权益等财产,应当经县级以上公安机关负责人批准,制作协助查询财产通知书,通知金融机构等单位协助办理。

Article 239:需要冻结犯罪嫌疑人财产的,应当经县级以上公安机关负责人批准,制作协助冻结财产通知书,明确冻结财产的账户名称、账户号码、冻结数额、冻结期限、冻结范围以及是否及于孳息等事项,通知金融机构等单位协助办理。

冻结股权、保单权益的,应当经设区的市一级以上公安机关负责人批准。

冻结上市公司股权的,应当经省级以上公安机关负责人批准。

Article 240:需要延长冻结期限的,应当按照原批准权限和程序,在冻结期限届满前办理继续冻结手续。 逾期不办理继续冻结手续的,视为自动解除冻结。

Article 241:不需要继续冻结犯罪嫌疑人财产时,应当经原批准冻结的公安机关负责人批准,制作协助解除冻结财产通知书,通知金融机构等单位协助办理。

Article 242:犯罪嫌疑人的财产已被冻结的,不得重复冻结,但可以轮候冻结。

Article 243:冻结存款、汇款、证券交易结算资金、期货保证金等财产的期限为六个月。 The period for each extension of freezing must not exceed six months.

对于重大、复杂案件,经设区的市一级以上公安机关负责人批准,冻结存款、汇款、证券交易结算资金、期货保证金等财产的期限可以为一年。 每次续冻期限最长不得超过一年。

Article 244:冻结债券、股票、基金份额等证券的期限为二年。 每次续冻期限最长不得超过二年。

Article 245:冻结股权、保单权益或者投资权益的期限为六个月。 The period for each extension of freezing must not exceed six months.

Article 246:对冻结的债券、股票、基金份额等财产,应当告知当事人或者其法定代理人、委托代理人有权申请出售。

权利人书面申请出售被冻结的债券、股票、基金份额等财产,不损害国家利益、被害人、其他权利人利益,不影响诉讼正常进行的,以及冻结的汇票、本票、支票的有效期即将届满的,经县级以上公安机关负责人批准,可以依法出售或者变现,所得价款应当继续冻结在其对应的银行账户中;没有对应的银行账户的,所得价款由公安机关在银行指定专门账户保管,并及时告知当事人或者其近亲属。

Article 247: 对冻结的财产,经查明确实与案件无关的,应当在三日以内通知金融机构等单位解除冻结,并通知被冻结财产的所有人。

Section 8: Forensic Evaluation

Article 248:So as to clarify the case circumstances and resolve certain specialized problems in a case, persons with specialized knowledge shall be appointed or hired to conduct an appraisal.

Where it is necessary to hire a person with specialized knowledge to conduct and appraisal, a appraisal hiring document shall be drafted upon approval of the responsible persons at a public security organ at the county level or above.

Article 249:Public security organs provide expert evaluators with what they require to conduct an appraisal, and promptly give the expert evaluators the relevant materials for review, comparative samples and other such original materials, and explain the situation to the expert evaluators and clearly pose the question to be resolved through appraisal.

It is prohibited to imply or compel a certain opinion from an expert evaluator.

Article 250:Investigators shall do the work of safeguarding and delivering appraisal materials well, and note the persons responsible for each link and ensure the consistency of the materials during the links and that they are not adulterated.

Article 251:鉴定人应当按照鉴定规则,运用科学方法独立进行鉴定。 鉴定后,应当出具鉴定意见,并在鉴定意见书上签名,同时附上鉴定机构和鉴定人的资质证明或者其他证明文件。

Where multiple people participate in the appraisal, and the appraisal opinions are not the same, this shall be noted.

Article 252:Where multiple people participate in the appraisal, and the appraisal opinions are not the same, this shall be noted.

Public security organs shall promptly inform suspects, victims or their legally-designated representatives of appraisal opinions that, upon review, will be used as evidence.

Article 253:犯罪嫌疑人、被害人对鉴定意见有异议提出申请,以及办案部门或者侦查人员对鉴定意见有疑义的,可以将鉴定意见送交其他有专门知识的人员提出意见。 必要时,询问鉴定人并制作笔录附卷。

Article 254:Where upon review any of the following circumstances are discovered, with the approval of the responsible person at a public security organ at the county level or above, the evaluation shall be supplemented:

(1) There are clear omissions in the content of the evaluation.

(2) New exhibits of value to the evaluation are discovered;

(3) There are new requirements for the evaluation of exhibits;

(4) The evaluation opinon is not complete and there is no way to determine the entrusted matter.

(5) Other situations where the evaluation needs to be supplemented.

Where upon review the above circumstances are not met, with the approval of the responsible person at a public security organ at the county level or above, make a decision to supplement the evaluation and inform the applicant in writing within 3 days of making the decision.

Article 255:Where upon review any of the following situations is discovered, with the approval of the responsible person at a public security organ at the county level or above, a new evaluation shall be had:

(1) The evaluation was illegal or violated relevant professional technical requirements.

(2)The evaluation organ, or evaluator didn't possess the qualifications or requirements for evaluations.

(3) The evaluator intentionally makes a fase evaluation or violates provisions on recusal.

(4) The basis for the evaluation opinion is clearly insufficient.;

(5) The evaluated materials were false or damaged;

(6) Other situations where there shall be a new evaluation.

New identifications shall separately assign or hire an evaluator.

Where upon review, the above requirements are not met, with the approval of the responsible person at a public security organ at the county level or above a decision is made to not allow a new evaluation, and the applicant is informed in writing within 3 days of making the decision.

Article 256:Where prosecutors and parties or defenders and agents ad litem have objections to the evaluation opinion, upon notice from the people's court in accordance with law the public security organs' evaluator shall appear in court to testify.

Where an evaluator intentionally falsifies and evaluation. the shall bee pursued for criminal liability in accordance with law.

Article 257:The time for mental illness evaluations of suspects is not calculated into the time limits for case-handling, but other evaluations are all calculated into the case handling time limits.

Section 9: Identification

Article 258:When necessary for clarifying case circumstances, investigators may have victims, witnesses or suspects conduct an identification of items, documents, bodies, places or suspects.

Article 259:辨认应当在侦查人员的主持下进行。 主持辨认的侦查人员不得少于二人。

When several persons are all making identifications of the same target, they shall make their identifications separately.

Article 260:辨认时,应当将辨认对象混杂在特征相类似的其他对象中,不得在辨认前向辨认人展示辨认对象及其影像资料,不得给辨认人任何暗示。

辨认犯罪嫌疑人时,被辨认的人数不得少于七人;对犯罪嫌疑人照片进行辨认的,不得少于十人的照片。

辨认物品时,混杂的同类物品不得少于五件;对物品的照片进行辨认的,不得少于十个物品的照片。

Identification of places, bodies or other specific identification targets, or where the identifier can sufficiently accurately describe unique characteristics of an object, there is no limit for the number of dummy items.

Article 261:When conducting identifications of criminal suspects where the identifying party is unwilling to proceed openly, they may be carried out in conditions that do not reveal the identifying party and shall protect their confidentiality.

Article 262:对辨认经过和结果,应当制作辨认笔录,由侦查人员、辨认人、见证人签名。 必要时,应当对辨认过程进行录音录像。

Section 10: Technical Investigation

Article 263:After filing a case, public security organs may,as needed for the case, employ technological investigative measures in cases of the following crimes seriously harming the social order.

(1)cases of crimes endangering national security, terrorist activity crimes, mafia-type organized crimes and major drug crimes;

(2) cases of serious violent crimes such as intentional homicide, intentional infliction of harm causing serious injuries or death, rape, robbery, kidnapping, arson, detonation of explosives, and the releasing harmful materials.

(3) major cases of group, serial or cross-regional crimes.

(4) cases of major crimes using telecommunications, computer networks, mail and courier routes and other such facilities, as well as cases of major crimes targeting computer network facilities.

(5) Other cases of crimes seriously threatening society that might be sentenced with seven years imprisonment or higher in accordance with law.

Public security organs may employ technological investigative measures necessary for apprehending an at-large suspect or defendant who is wanted or for whom arrest has been approved or decided.

Article 264:Technological investigative measures refers to monitoring records, whereabouts, communications, and locations and other measures carried out by a the community's municipal level or higher public security organ's department responsible for technological investigations.

The applicable target for technological investigative measures is criminal suspects or defendants as well as persons with a direct connection to the criminal activities.

Article 265:Where it is necessary to employ technological investigative measures, a written report petitioning for employment of technological investigative measures shall be drafted for approval by the responsible person at the community's municipal level or higher public security organ, and a written decision on use of technological investigative measures drafted.

Where the people's procuratorate or other department decides to employ technological investigative measures and have the public security organs implement them, the public security organs for the community at the municipal level or above follow the provisions to complete the relevant formalities and then transfer to the department responsible for technological investigations for implementation and notify the people's procuratorate or other department of the implementation.

Article 266:Decisions approving the use of technological investigative measures are valid for three months from their issuance.

Where during the effective period it is not necessary to continue employing technological investigative measures, the case handling department shall immediately notify in writing the department responsible for technological investigations to remove the technological investigative measures. Where the department responsible for technological investigation feels it is necessary to remove technological investigative measures and reports to the responsible parties for approval, they shall draft a decision on removal of technological investigative measures and promptly notify the case handling department.

对复杂、疑难案件,采取技术侦查措施的有效期限届满仍需要继续采取技术侦查措施的,经负责技术侦查的部门审核后,报批准机关负责人批准,制作延长技术侦查措施期限决定书。 批准延长期限,每次不得超过三个月。

At the completion of the effective period, the department responsible for technological investigative measures shall immediately remove the technological investigative measures.

Article 267:Technical investigative measures must be carried out in strict accordance with the type, target and time limits set out in the approval.

在有效期限内,需要变更技术侦查措施种类或者适用对象的,应当按照本规定第二百六十五条规定重新办理批准手续。

Article 268:采取技术侦查措施收集的材料在刑事诉讼中可以作为证据使用。 使用技术侦查措施收集的材料作为证据时,可能危及有关人员的人身安全,或者可能产生其他严重后果的,应当采取不暴露有关人员身份和使用的技术设备、侦查方法等保护措施。

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 269:Materials gathered through technological investigation measures shall be kept strictly in accordance with the relevant provisions and used only in criminal investigations, prosecutions and trials, and must not be used for other purposes.

Materials gathered through the use of technological investigative measures which are not relevant to the case must be promptly destroyed and a record made of the destruction.

Article 270:Investigators who become aware of state secrets, commercial secrets, or private personal information during the course of employing technical investigative measures shall preserve their secrecy.

When public security organs adopt technical investigative measure, relevant workplaces and individuals shall cooperate and maintain the confidentiality of the relevant circumstances.

Article 271:When necessary to clarify case facts.investigators or other persons designated by the public security organs may conceal their identity to carry out investigations with the permission of the responsible person at a public security organ at the county level or above.

When investigation is conducted under a concealed identity, they must not induce others to commit a crime, and must not adopt methods that endanger public safety or cause a major threat to personal safety.

Article 272:对涉及给付毒品等违禁品或者财物的犯罪活动,为查明参与该项犯罪的人员和犯罪事实,根据侦查需要,经县级以上公安机关负责人决定,可以实施控制下交付。

Article 273:公安机关依照本节规定实施隐匿身份侦查和控制下交付收集的材料在刑事诉讼中可以作为证据使用。

使用隐匿身份侦查和控制下交付收集的材料作为证据时,可能危及隐匿身份人员的人身安全,或者可能产生其他严重后果的,应当采取不暴露有关人员身份等保护措施。

Section 11: APB

Article 274:应当逮捕的犯罪嫌疑人在逃的,经县级以上公安机关负责人批准,可以发布通缉令,采取有效措施,追捕归案。

Public security organs at the county level or above may directly release wanted bulletins within their own jurisdictional regions, those going beyond their jurisdictional regions shall be reported up to a public security organ at a higher level that has authority to make a decision, for release.

The scope of a wanted bulletin's delivery is decided by the public security organ issuing the wanted bulletin.

Article 275:通缉令中应当尽可能写明被通缉人的姓名、别名、曾用名、绰号、性别、年龄、民族、籍贯、出生地、户籍所在地、居住地、职业、身份证号码、衣着和体貌特征、口音、行为习惯,并附被通缉人近期照片,可以附指纹及其他物证的照片。 除了必须保密的事项以外,应当写明发案的时间、地点和简要案情。

Article 276:通缉令发出后,如果发现新的重要情况可以补发通报。 通报必须注明原通缉令的编号和日期。

Article 277:公安机关接到通缉令后,应当及时布置查缉。 抓获犯罪嫌疑人后,报经县级以上公安机关负责人批准,凭通缉令或者相关法律文书羁押,并通知通缉令发布机关进行核实,办理交接手续。

Article 278:需要对犯罪嫌疑人在口岸采取边控措施的,应当按照有关规定制作边控对象通知书,并附有关法律文书,经县级以上公安机关负责人审核后,层报省级公安机关批准,办理全国范围内的边控措施。 需要限制犯罪嫌疑人人身自由的,应当附有关限制人身自由的法律文书。

紧急情况下,需要采取边控措施的,县级以上公安机关可以出具公函,先向有关口岸所在地出入境边防检查机关交控,但应当在七日以内按照规定程序办理全国范围内的边控措施。

Article 279:为发现重大犯罪线索,追缴涉案财物、证据,查获犯罪嫌疑人,必要时,经县级以上公安机关负责人批准,可以发布悬赏通告。

悬赏通告应当写明悬赏对象的基本情况和赏金的具体数额。

Article 280:通缉令、悬赏通告应当广泛张贴,并可以通过广播、电视、报刊、计算机网络等方式发布。

Article 281:经核实,犯罪嫌疑人已经自动投案、被击毙或者被抓获,以及发现有其他不需要采取通缉、边控、悬赏通告的情形的,发布机关应当在原通缉、通知、通告范围内,撤销通缉令、边控通知、悬赏通告。

Article 282:通缉越狱逃跑的犯罪嫌疑人、被告人或者罪犯,适用本节的有关规定。

Section 12: Conclusion of Investigation

Article 283:A case in which investigation is concluded shall meet the following requirements at the same time:

(1)the facts of the case are clear;

(2)the evidence is credible and sufficient;

(3)the type of crime and charges are correct;

(4)the legal formalities are completed;

(5)The case should be prosecuted in accordance with law.

Article 284:对侦查终结的案件,公安机关应当全面审查证明证据收集合法性的证据材料,依法排除非法证据。 排除非法证据后证据不足的,不得移送审查起诉。

公安机关发现侦查人员非法取证的,应当依法作出处理,并可另行指派侦查人员重新调查取证。

Article 285:In cases where the investigation is complete, the investigators shall draft a case closure report.

The case closure report shall include the following:

(1) The criminal suspects' basic situation;

(2)whether or not compulsory measures were employed and the reason;

(3)The facts of the case and evidence;

(4)the legal basis and opinions on disposition.

Article 286:The disposition of cases in which the investigation has concluded is made with the approval of the responsible person at a public security organ at the county level or above; major, complicated or difficult cases shall be collectively discussed.

Article 287:After investigation is concluded, all the case file materials shall be bound and file in accordance with requirements.

When sending a case to the people's procuratorate, only send the litigation file, the investigation file is kept by the public security organs for review.

Article 288:Where suspects' property and its proceeds or documents that have been sealed or seized, or assets that have been frozen, are used as evidence, they shall be transferred with the case, and two identical copies drafted of a list of list of items sent with the case, one copy to be kept, one to be given to the people's procuratorate. 制作清单时,应当根据已经查明的案情,写明对涉案财物的处理建议。

对于实物不宜移送的,应当将其清单、照片或者其他证明文件随案移送。 待人民法院作出生效判决后,按照人民法院送达的生效判决书、裁定书依法作出处理,并向人民法院送交回执。 人民法院在判决、裁定中未对涉案财物作出处理的,公安机关应当征求人民法院意见,并根据人民法院的决定依法作出处理。

Article 289:对侦查终结的案件,应当制作起诉意见书,经县级以上公安机关负责人批准后,连同全部案卷材料、证据,以及辩护律师提出的意见,一并移送同级人民检察院审查决定;同时将案件移送情况告知犯罪嫌疑人及其辩护律师。

犯罪嫌疑人自愿认罪的,应当记录在案,随案移送,并在起诉意见书中写明有关情况;认为案件符合速裁程序适用条件的,可以向人民检察院提出适用速裁程序的建议。

Article 290:对于犯罪嫌疑人在境外,需要及时进行审判的严重危害国家安全犯罪、恐怖活动犯罪案件,应当在侦查终结后层报公安部批准,移送同级人民检察院审查起诉。

在审查起诉或者缺席审理过程中,犯罪嫌疑人、被告人向公安机关自动投案或者被公安机关抓获的,公安机关应当立即通知人民检察院、人民法院。

Article 291:共同犯罪案件的起诉意见书,应当写明每个犯罪嫌疑人在共同犯罪中的地位、作用、具体罪责和认罪态度,并分别提出处理意见。

Article 292:被害人提出附带民事诉讼的,应当记录在案;移送审查起诉时,应当在起诉意见书末页注明。

Article 293:人民检察院作出不起诉决定的,如果被不起诉人在押,公安机关应当立即办理释放手续。 除依法转为行政案件办理外,应当根据人民检察院解除查封、扣押、冻结财物的书面通知,及时解除查封、扣押、冻结。

人民检察院提出对被不起诉人给予行政处罚、处分或者没收其违法所得的检察意见,移送公安机关处理的,公安机关应当将处理结果及时通知人民检察院。

Article 294:认为人民检察院作出的不起诉决定有错误的,应当在收到不起诉决定书后七日以内制作要求复议意见书,经县级以上公安机关负责人批准后,移送人民检察院复议。

Where an opinion requesting a reconsideration is not accepted, a written opinion requesting a review may be drafted within seven days of having received the people's procuratorate's decision on reconsideration, and upon approval by the responsible persons at a public security organ at the county level or above, sent to the people's procuratorate at the level above for review, along with the people's procuratorate's written decision on reconsideration.

Section 13: Supplementary Investigation

Article 295:侦查终结,移送人民检察院审查起诉的案件,人民检察院退回公安机关补充侦查的,公安机关接到人民检察院退回补充侦查的法律文书后,应当按照补充侦查提纲在一个月以内补充侦查完毕。

Only two supplementary investigations may be conducted.

Article 296:对人民检察院退回补充侦查的案件,根据不同情况,报县级以上公安机关负责人批准,分别作如下处理:

(一)原认定犯罪事实不清或者证据不够充分的,应当在查清事实、补充证据后,制作补充侦查报告书,移送人民检察院审查;对确实无法查明的事项或者无法补充的证据,应当书面向人民检察院说明情况;

(二)在补充侦查过程中,发现新的同案犯或者新的罪行,需要追究刑事责任的,应当重新制作起诉意见书,移送人民检察院审查;

(三)发现原认定的犯罪事实有重大变化,不应当追究刑事责任的,应当撤销案件或者对犯罪嫌疑人终止侦查,并将有关情况通知退查的人民检察院;

(四)原认定犯罪事实清楚,证据确实、充分,人民检察院退回补充侦查不当的,应当说明理由,移送人民检察院审查。

Article 297:对于人民检察院在审查起诉过程中以及在人民法院作出生效判决前,要求公安机关提供法庭审判所必需的证据材料的,应当及时收集和提供。

Chapter IX: Enforcement of Punishments

Section 1: Transfer of Prisoners

Article 298:对被依法判处刑罚的罪犯,如果罪犯已被采取强制措施的,公安机关应当依据人民法院生效的判决书、裁定书以及执行通知书,将罪犯交付执行。

对人民法院作出无罪或者免除刑事处罚的判决,如果被告人在押,公安机关在收到相应的法律文书后应当立即办理释放手续;对人民法院建议给予行政处理的,应当依照有关规定处理或者移送有关部门。

Article 299:Convicts sentenced to controlled release, declared under a suspended sentence, paroled or temporarily serving their sentence outside of prison, with the community corrections organization responsible for implementation.

Article 300:公安机关接到人民法院生效的判处死刑缓期二年执行、无期徒刑、有期徒刑的判决书、裁定书以及执行通知书后,应当在一个月以内将罪犯送交监狱执行。

Juvenile offenders shall be delivered to have their penalties enforced in a juvenile correctional facility.

Article 301:Where convicts sentenced to a fixed-term of imprisonment have less than three months remaining before they are transferred for enforcement of their penalty, the detention center will enforce it on the basis of the people's court's judgment.

For criminals sentenced to short-term defenders, the detention center will enforce it.

Article 302:Convicts sentenced to controlled release, declared under a suspended sentence, paroled or temporarily serving their sentence outside of prison, with the community corrections organization responsible for implementation.

The police substation for the area of the criminal's residence will enforce deprivation of political rights against convicts sentenced to it.

Article 303:对被判处有期徒刑由看守所代为执行和被判处拘役的罪犯,执行期间如果没有再犯新罪,执行期满,看守所应当发给刑满释放证明书。

Article 304:If during the course of enforcing a criminal penalty, public security organs feel that a judgment was in error, or the convict raises an appeal, it shall be transferred to the people's procuratorate or people's court of original judgment for handling.

Section 2: Commutation, Probation, Temporary Service Outside of Prison

Article 305:对依法留看守所执行刑罚的罪犯,符合减刑条件的,由看守所制作减刑建议书,经设区的市一级以上公安机关审查同意后,报请所在地中级以上人民法院审核裁定。

Article 306:对依法留看守所执行刑罚的罪犯,符合假释条件的,由看守所制作假释建议书,经设区的市一级以上公安机关审查同意后,报请所在地中级以上人民法院审核裁定。

Article 307:In any of the following circumstances, convicts serving a sentence in a jail, may temporarily serve their sentence outside of prison.

(1) those with a serious disease requiring medical parole;

(2) Pregnant women or those currently nursing their own infant ;

(3) Those unable to care for themselves where application of temporary enforcement outside of prison would not endanger society.

Where convicts are given temporary service of sentence outside of prison, the detention center shall submit a written opinion and report it to the public security organs at the districted-city level or above for approval, and concurrently send a copy of the written opinion to the people's procuratorate of the same level.

Convicts who might endanger society while given medical parole and prisoners who injure or mutilate themselves, must not be given medical parole.

People's government hospitals at the provincial level or above diagnose and issue certifitcates of proof as to whether a convict really has a serious illness and needs medical parole.

Article 308: 公安机关决定对罪犯暂予监外执行的,应当将暂予监外执行决定书交被暂予监外执行的罪犯和负责监外执行的社区矫正机构,同时抄送同级人民检察院。

Article 309:批准暂予监外执行的公安机关接到人民检察院认为暂予监外执行不当的意见后,应当立即对暂予监外执行的决定进行重新核查。

Article 310:In any of the following situations, where a convict is temporarily serving their sentence outside of prison, the public security organ enforcing the service outside of prison shall make a decision to have them brought to the prison for enforcement:

(1)it is discovered that they do not meet the requirements for temporarily serving a sentence outside of prison;

(2)serious violations of relevant management provisions on temporary service of sentences outside of prison;

(3)where the circumstances for enforcement outside of prison have dissipated, but the period of criminal punishment is not yet completed.

对暂予监外执行的罪犯决定收监执行的,由暂予监外执行地看守所将罪犯收监执行。

不符合暂予监外执行条件的罪犯通过贿赂等非法手段被暂予监外执行的,或者罪犯在暂予监外执行期间脱逃的,罪犯被收监执行后,所在看守所应当提出不计入执行刑期的建议,经设区的市一级以上公安机关审查同意后,报请所在地中级以上人民法院审核裁定。

Section 3: Deprivation of Political Rights

Article 311:Police substations responsible for enforcing deprivation of political rights shall follow decisions of the people's courts to announce the criminal facts, period of deprivation of political rights and also the rules that should be followed during the period to the convict, his work-unit and his basic-level residential committee.

Article 312:Convicts who have been deprived of their political rights shall obey the following during the enforcement period:

(1) Obey the national laws, administrative regulations and relevant provisions drafted by the Ministry of Public Security, and accept supervision and management;

(2) Must not enjoy the rights to vote and stand for election;

(3) Must not organize or participate in assembly, procession, demonstrations or association actions.

(4) Must not publish, draft, or release books or audio-visual works;

(5) Must not accept interviews or make speeches;

(6) Must not say thing domestically or abroad that damage the national reputation, national interests or otherwise specifically endanger society;

(7) Must not take posts at state organs;

(8) Must not take a leadership post at a state owned company, enterprise, public institution or people's organization.

Article 313:被剥夺政治权利的罪犯违反本规定第三百一十二条的规定,尚未构成新的犯罪的,公安机关依法可以给予治安管理处罚。

Article 314:Where a convict has been has been deprived of his political rights and the enforcement period is completed, the public security organs shall notify him in writing as well as his work-unit, and basic-level residence organization.

Section 4: Handling of Criminals that Commit Further Offences

Article 315:对留看守所执行刑罚的罪犯,在暂予监外执行期间又犯新罪的,由犯罪地公安机关立案侦查,并通知批准机关。 批准机关作出收监执行决定后,应当根据侦查、审判需要,由犯罪地看守所或者暂予监外执行地看守所收监执行。

Article 316:Where convicts deprived of political rights, on controlled release, or given a suspended sentence or parole, commit another crime during the period of enforcement, the public security organ at the scene of the crime shall file the case and investigate it.

Where criminals whose sentence is being enforced by a detention center have their parole revoked because they commit a new crime, they shall be taken into custody for enforcement by either the detention center at the site of the crime or the originally enforcing detention center

Chapter X: Special Procedures

Section 1: Procedures for Cases of Crimes by Minors

Article 317:Public security organs handling juvenile criminal cases implement the directive of education, reform and rescue and adhere to the principle of education first with punishment as supplement.

Article 318:Public security organs handling juvenile criminal cases shall ensure juvenile's exercise of their procedural rights and ensure that they receive legal assistance, lawfully protecting the juveniles' reputation and privacy, respecting their personal integrity.

Article 319:Public security organs shall set up specialized organizations or appoint specialized staff to handle juvenile criminal cases.

Juvenile cases shall be handled by personnel familiar with the physical and psychological characteristics of juveniles, good at doing ideological education work with minors, and who have a definite amount of case-handling experience.

Article 320:Where juvenile criminal suspects have not retained a defender, the public security organs shall notify the legal aid organization to appoint a lawyer to provide them a defense.

Article 321:When public security organs handle juvenile criminal cases, they shall focus on finding out whether the suspect had reached the critical ages of 14 years old, 16 years old, 18 years old when the crime was committed.

Article 322:Public security organs handling juvenile criminal cases, may, based on the situation, conduct an inquiry and draft an investigation report into circumstances such as the suspects upbringing, the reasons for the crime , their supervision and education.

Where an investigation report is issued, when applying for approval of arrest and transfer of the case to be reviewed for indictment, the totality of the case circumstances shall be considered together, and the investigation report and case materials sent together to the people's procuratorate.

Article 323:讯问未成年犯罪嫌疑人,应当通知未成年犯罪嫌疑人的法定代理人到场。 无法通知、法定代理人不能到场或者法定代理人是共犯的,也可以通知未成年犯罪嫌疑人的其他成年亲属,所在学校、单位、居住地或者办案单位所在地基层组织或者未成年人保护组织的代表到场,并将有关情况记录在案。 到场的法定代理人可以代为行使未成年犯罪嫌疑人的诉讼权利。

到场的法定代理人或者其他人员提出侦查人员在讯问中侵犯未成年人合法权益的,公安机关应当认真核查,依法处理。

Article 324:Interrogation of juvenile suspects shall employ methods suitable for juvenile, patiently and meticulously hearing his confessions or explanations, earnestly review and check relevant evidence and carry out counseling and education directed at his intellectual concerns, psychological fears and emotional resistance.

When female juvenile suspects are interrogated there shall be female personnel present.

Article 325:The interrogation record shall be given to the juvenile criminal suspect and his legal representative, or other persons, to read or to have read to them; where there are objections to the content of the record, it shall be reviewed for clarity and corrections or supplements made.

Article 326:询问未成年被害人、证人,适用本规定第三百二十三条、第三百二十四条、第三百二十五条的规定。

询问未成年被害人、证人,应当以适当的方式进行,注意保护其隐私和名誉,尽可能减少询问频次,避免造成二次伤害。 必要时,可以聘请熟悉未成年人身心特点的专业人员协助。

Article 327:The use of arrest measures shall be strictly limited and reduced to the greatest extent possible for juvenile suspects.

Where after a juvenile suspect has been taken into custody or detained, is subject to management, and modifying the compulsory measures would not cause society to be endangered, if the normal conduct of court proceedings can be sufficiently ensured, the public security organ shall promptly modify the compulsory procedures in accordance with law. In cases where the people's procuratorate has approved arrest, the public security organ shall inform the people's procuratorate of the circumstances when modifying compulsory procedures.

Article 328:Detained juveniles shall be detained, managed and educated separately from adults and, on the basis of their physical and psychological characteristics, their lives and studies looked after .

Article 329:When people's procuratorates hear the opinion of public security organs before making a decision to conditionally non-prosecute a juvenile, the public security organ shall provide written comments, and upon approval of the responsible persons at a public security organ at the county level or above, transfer them to the people's procuratorate at the same level.

Article 330:Where it is felt that a people's procuratorate's decision to conditionally non-prosecute is in error, a reconsideration opinion shall be drafted within seven days of receiving the written decision to not prosecute, and upon approval from the responsible persons at a public security organ at the county level or above, transferred to the people's procuratorate at the same level.

Where an opinion requesting a reconsideration is not accepted, a written opinion requesting a review may be drafted within seven days of having received the people's procuratorate's decision on reconsideration, and upon approval by the responsible persons at a public security organ at the county level or above, sent to the people's procuratorate at the level above for review, along with the people's procuratorate's written decision on reconsideration.

Article 331:Where juveniles are not yet 18 years-old at the time a crime was committed and are given a penalty of five years or less imprisonment, the public security organ shall seal that juvenile's criminal record on the basis of an effective verdict from the people's courts.

Where criminal records are sealed, the public security organs must not provide them to any workplace or individual, except where necessary for judicial organs case-handling or relevant workplace inquiries made on the basis of national regulations.

If it is discovered that a crime by a juvenile whose records were sealed was omitted, and the combined penalty would be five years or more imprisonment, their criminal records shall be unsealed.

Article 332:Except where this Section otherwise provides, handle juvenile criminal cases in accordance with other provisions of these Provisions.

Section 2: Procedures for Cases where the Parties Settle in a Public Prosecution

Article 333:In the following cases where the suspect earnestly repents, and through methods such as compensating the victims for their losses or making formal apologies has obtained the victim's forgiveness, and the victim is willing to settle, it may be lawfully handled as a public prosecution in which the parties have settled, upon approval from the responsible persons at a public security organ at the county level or above:

(1) Cases arising from a civil dispute that involve offenses in the fourth and fifth chapters of the specific provisions of the Criminal Law, that might be punished by up to three years imprisonment.

(2) Cases of crimes of negligence, except for crimes of dereliction of duty, that might be punished by up to seven years imprisonment.

Where the suspect has committed an intentional crime within the past five years, the case must not be handled through criminal settlement.

Article 334:Where there are any of the following circumstances, it is not a case arising from a civil dispute:

(1) a person was hired to hurt others;

(2) A crime related to a mafia-type organization ;

(3) involves provocation and creating a disturbance ;

(4) related to a mass brawl

(5) multiple incidents of intentional infliction of physical harm;

(6) Other situations inappropriate for settlement.

Article 335:Where both parties settle, the public security organ shall review whether the case facts are clear, whether the victim voluntarily settled and whether it meets the requirements of the provision.

When the public security organs review, they shall hear the opinions of the parties of both sides and record this in the case; when necessary they may hear the opinions of both parties relatives , members of the local residence committee or village committee as well as other relevant persons who understand the circumstances of the case.

Article 336:Where a settlement is reached, the public security organs shall preside over the formulation of the settlement agreement and participants from both parties should sign.

Where the parties include minors, the minor parties' legally-designated representative or other adult relative shall be present.

Article 337:The settlement agreement should include the following content:

(1) The basic facts and principal evidence of the case ;

(2) The criminal suspect admits his criminal conduct, has no objections to the alleged facts and earnestly repents the crime.

(3) The suspect has obtained the victims' forgiveness through methods such as formal apologies or compensating their losses. Where compensation for losses is involved, the amount and method of compensation etc, shall be clearly written. Where an attached civil lawsuit is raised the plaintiff in the attached civil litigation withdraws that case;

(4) The victim voluntarily settles and requests or consents to the criminal suspect being leniently punished.

The settlement agreement shall take effect immediately.

Article 338:In cases where a settlement agreement has been reached, upon approval of the responsible persons at a public security organ at the county level or above, the public security organs may recommend a lenient disposition when they transfer the case to the people's procuratorate.

Section 3: Procedures for the Confiscation of Unlawful Gains where the Criminal Suspect has Absconded or Died

Article 339:In any of the following circumstances, where unlawful gains or other property involved in the case shall be recovered in accordance with the Criminal Law, upon approval of the responsible persons for a public security organ at the county level or above, public security organs shall write out an opinion on confiscation of unlawful gains and sent it together with the relevant evidentiary materials to the people's procuratorate of the same level:

(1) In cases of terrorist activities and other major crimes where the criminal suspect is in hiding and cannot be brought to the case after having been wanted for one year ;

(2) The criminal suspect has died.

犯罪嫌疑人死亡,现有证据证明其存在违法所得及其他涉案财产应当予以没收的,公安机关可以进行调查。 公安机关进行调查,可以依法进行查封、扣押、查询、冻结。

Article 340:The written opinion on confiscation of unlawful gains shall indicate the following content:

(1) The criminal suspects' basic situation;

(2) The facts of the crime and relevant evidentiary materials;

(3) Circumstances of the criminal suspect going into hiding, being listed as wanted or dying.

(4) The type, number and location of the criminal suspect's illegal gains and other assets related to the case.

(5) Conditions such as sealing, seizure or freezing of assets.

Article 341:After the public security organs transfer a confiscation of unlawful gains opinion to the people's procuratorate, and a suspect who has fled voluntary surrenders or is captured, the public security organ shall promptly notify the people's procuratorate at the same level.

Section 4: Procedures for the Compulsory Treatment of Mentally Ill Persons not Bearing Criminal Responsibility

Article 342:Public security organs that discover a criminal suspect exhibiting violent conduct that endangers public safety or seriously endangers citizen’s physical safety, and who might be a mentally ill person and not bear criminal responsibility under law, shall have him evaluated for mental illness.

Article 343:For people evaluated under statutory procedures as not bearing criminal responsibility under law, who might continue to endanger society and meet the requirements for compulsory treatment, the public security organs shall write a compulsory treatment opinion within 7 days, and with the permission of the county level public security organ, send it to the procuratorate of the same level, along with relevant evidentiary materials and the evaluation opinion.

Article 344:对实施暴力行为的精神病人,在人民法院决定强制医疗前,经县级以上公安机关负责人批准,公安机关可以采取临时的保护性约束措施。 必要时,可以将其送精神病医院接受治疗。

Article 345:When adopting temporary restraint measures, the mentally ill person will be placed under strict watch, and attention will be paid to the means, method and degree or restraint, to avoid and prevent injury to the safety of the mentally ill person and others to the greatest extent possible.

If there is no longer a chance that the mentally ill person will endanger society, and removal of the restraints will not threaten society, the public security organs should immediately remove the protective restraint measures.

Chapter XI: Coordination of Case Handling

Article 346:公安机关在异地执行传唤、拘传、拘留、逮捕,开展勘验、检查、搜查、查封、扣押、冻结、讯问等侦查活动,应当向当地公安机关提出办案协作请求,并在当地公安机关协助下进行,或者委托当地公安机关代为执行。

开展查询、询问、辨认等侦查活动或者送达法律文书的,也可以向当地公安机关提出办案协作请求,并按照有关规定进行通报。

Article 347:需要异地公安机关协助的,办案地公安机关应当制作办案协作函件,连同有关法律文书和人民警察证复印件一并提供给协作地公安机关。 必要时,可以将前述法律手续传真或者通过公安机关有关信息系统传输至协作地公安机关。

请求协助执行传唤、拘传、拘留、逮捕的,应当提供传唤证、拘传证、拘留证、逮捕证;请求协助开展搜查、查封、扣押、查询、冻结等侦查活动的,应当提供搜查证、查封决定书、扣押决定书、协助查询财产通知书、协助冻结财产通知书;请求协助开展勘验、检查、讯问、询问等侦查活动的,应当提供立案决定书。

Article 348:公安机关应当指定一个部门归口接收协作请求,并进行审核。 对符合本规定第三百四十七条规定的协作请求,应当及时交主管业务部门办理。

异地公安机关提出协作请求的,只要法律手续完备,协作地公安机关就应当及时无条件予以配合,不得收取任何形式的费用或者设置其他条件。

Article 349:对协作过程中获取的犯罪线索,不属于自己管辖的,应当及时移交有管辖权的公安机关或者其他有关部门。

Article 350:When enforcing a summons or custodial summons in another area, the public security organ for the cooperating region shall assist in having the criminal suspect summoned or brought by custodial summons to the municipal or county public security organs' workplace or the suspect's residence to begin interrogation.

Where detention or arrest is enforced at another location, the public security organs for the cooperating region shall appoint personnel to assist with enforcement.

Article 351:Where suspects for whom a detention or arrest decision has already been made are on the run, the suspects' relevant information and the detention or arrest warrant may be released on network work platforms. Where public security organs anywhere discover online crimes, they shall immediately mobilize to catch [the suspects].

协作地公安机关抓获犯罪嫌疑人后,应当立即通知办案地公安机关。 办案地公安机关应当立即携带法律文书及时提解,提解的侦查人员不得少于二人。

办案地公安机关不能及时到达协作地的,应当委托协作地公安机关在拘留、逮捕后二十四小时以内进行讯问。

Article 352:办案地公安机关请求代为讯问、询问、辨认的,协作地公安机关应当制作讯问、询问、辨认笔录,交被讯问、询问人和辨认人签名、捺指印后,提供给办案地公安机关。

办案地公安机关可以委托协作地公安机关协助进行远程视频讯问、询问,讯问、询问过程应当全程录音录像。

Article 353:办案地公安机关请求协查犯罪嫌疑人的身份、年龄、违法犯罪经历等情况的,协作地公安机关应当在接到请求后七日以内将协查结果通知办案地公安机关;交通十分不便的边远地区,应当在十五日以内将协查结果通知办案地公安机关。

办案地公安机关请求协助调查取证或者查询犯罪信息、资料的,协作地公安机关应当及时协查并反馈。

Article 354:对不履行办案协作程序或者协作职责造成严重后果的,对直接负责的主管人员和其他直接责任人员,应当给予处分;构成犯罪的,依法追究刑事责任。

Article 355:协作地公安机关依照办案地公安机关的协作请求履行办案协作职责所产生的法律责任,由办案地公安机关承担。 但是,协作行为超出协作请求范围,造成执法过错的,由协作地公安机关承担相应法律责任。

Article 356:办案地和协作地公安机关对于案件管辖、定性处理等发生争议的,可以进行协商。 协商不成的,提请共同的上级公安机关决定。

Chapter XII: Handling Cases of Crimes by Foreigners

Article 357:Handling of crimes committed by foreigners shall be strictly in accordance with China's laws, regulations and rules, safeguard national sovereignty and interests, and on the basis of the principle of reciprocity wait to fulfill international treaty obligations undertaken by our country.

Article 358:Foreign national suspects in criminal prosecutions enjoy all procedural rights provided by China's laws and bear all corresponding duties.

Article 359:The nationality of foreign national suspects is determined by the valid identification documents they used when entering the country; and where the nationality is unclear, the entry and exit management departments will cooperate to investigate and clarify. Where there is truly no way to clarify nationality, treat it as a stateless person.

Article 360:Determination of foreign national suspect's identity may be handled in accordance with relevant international treaties or in cooperation with international criminal policing organizations, or channels for police cooperation. Where there is truly no way to clarify, they may be transferred to the people's procuratorate to be reviewed for prosecution, using the name they self-reported.

Article 361:Where the suspect is a foreigner who enjoys diplomatic or consular privileges and immunities, it shall be reported up to the Ministry of Public Security and simultaneously reported to the foreign affairs office of the people's government at the same level, and the Ministry of Public Security will request the Ministry of Foreign affairs handle it through diplomatic channels.

Article 362:Public security organs handling cases of crimes by foreigners are to use the commonly used language and writing of the People's Republic of China. Where the criminal suspect does not understand Chinese language and writing, the public security organs shall translate for him; and where the criminal suspect does understand Chinese and it is not necessary to translate for them, a written declation shall be made [of this].

Article 363: In cases of crimes by foreigners, the public security organ at the county level or above at the scene of crime will file and investigate the case.

Article 364:Where foreigners who have committed crimes in violation of international treaties concluded by or participated in by the People's Republic of China, then enter China, the case is to be opened and investigated by the public security organ at the municipal 1 level for the community where the foreigner was caught.

Article 365:Where foreigners outside the territory of the People's Republic of China commit crimes against the People's Republic of China or citizens, it shall be criminally punished, with the public security organs at the county level or above for the place where the foreigner resides after entering the nation filing and investigating the case. Where the foreigner has not yet entered the country , the public security organs at the county level or above for the victim's residence file and investigate the case. Where there is no victim or it is a crime against the People's Republic of China, the Ministry of Public Security will designate jurisdiction.

Article 366:In cases of crimes by foreigners that are major or might impact diplomatic negotiations, the relevant provincial level public security organs shall promptly report on the handling of the case to the Ministry of Public Security, and simultaneously send notice to the foreign affairs office for the people's government at the same level. When necessary, the Ministry of Public Security is to notify our nations' embassy or consulate abroad of the case circumstances.

Article 367:After making a decision to put a foreign national criminal suspect on release pending further investigation or residential surveillance, or to bring them into custody or enforce arrest, a report shall be made up to the provincial level public security organ within 48 hours, and concurrently report to the foreign affairs office of the people's government at the same level.

Major cases with a foreign element shall be reported up to the Ministry of Public Security within 48 hours, and concurrently reported to the foreign affairs office of the people's government at the same level.

Article 368:对外国籍犯罪嫌疑人依法作出取保候审、监视居住决定或者执行拘留、逮捕后,由省级公安机关根据有关规定,将其姓名、性别、入境时间、护照或者证件号码、案件发生的时间、地点,涉嫌犯罪的主要事实,已采取的强制措施及其法律依据等,通知该外国人所属国家的驻华使馆、领事馆,同时报告公安部。 经省级公安机关批准,领事通报任务较重的副省级城市公安局可以直接行使领事通报职能。

Where foreigners die during the public security organs investigation or enforcement of penalties, the corresponding provincial level public security organs shall notify the embassy or consulate for the foreigners' country of origin and concurrently report to the Ministry of Public Security.

Nations that have not established embassies or consulates in China may notify the embassy or consulate of the nation administrating on their behalf; where there is no nation administrating on their behalf or it is unclear which nation is administrating on their behalf, notice might not be given.

Article 369:Where foreign national criminal suspects retain a defender, it shall be a lawyer practicing in a PRC law firm.

Article 370公安机关侦查终结前,外国驻华外交、领事官员要求探视被监视居住、拘留、逮捕或者正在看守所服刑的本国公民的,应当及时安排有关探视事宜。 犯罪嫌疑人拒绝其国籍国驻华外交、领事官员探视的,公安机关可以不予安排,但应当由其本人提出书面声明。

在公安机关侦查羁押期间,经公安机关批准,外国籍犯罪嫌疑人可以与其近亲属、监护人会见、与外界通信。

Article 371:After provincial level public security organs receive people's courts' criminal judgments or copies of enforcement notices about foreigners given sentences of removal only, they shall designate a first municipal level public security organ of the districted-city where the foreigner is located to enforce it.

被判处徒刑的外国人,主刑执行期满后应当执行驱逐出境附加刑的,省级公安机关在收到执行监狱的上级主管部门转交的刑事判决书、执行通知书副本或者复印件后,应当通知该外国人所在地的设区的市一级公安机关或者指定有关公安机关执行。

我国政府已按照国际条约或者《中华人民共和国外交特权与豁免条例》的规定,对实施犯罪,但享有外交或者领事特权和豁免权的外国人宣布为不受欢迎的人,或者不可接受并拒绝承认其外交或者领事人员身份,责令限期出境的人,无正当理由逾期不自动出境的,由公安部凭外交部公文指定该外国人所在地的省级公安机关负责执行或者监督执行。

Article 372:Except as otherwise provided in this chapter, apply the relevant provisions of other chapters of these Provisions in handling cases of crimes by foreigners.

Article 373:The provisions of this Chapter apply when handling cases of persons with no nationality.

Chapter XIII: Criminal Justice Assistance and Police Cooperation

Article 374:公安部是公安机关进行刑事司法协助和警务合作的中央主管机关,通过有关法律、国际条约、协议规定的联系途径、外交途径或者国际刑事警察组织渠道,接收或者向外国提出刑事司法协助或者警务合作请求。

地方各级公安机关依照职责权限办理刑事司法协助事务和警务合作事务。

其他司法机关在办理刑事案件中,需要外国警方协助的,由其中央主管机关与公安部联系办理。

Article 375:公安机关进行刑事司法协助和警务合作的范围,主要包括犯罪情报信息的交流与合作,调查取证,安排证人作证或者协助调查,查封、扣押、冻结涉案财物,没收、返还违法所得及其他涉案财物,送达刑事诉讼文书,引渡、缉捕和递解犯罪嫌疑人、被告人或者罪犯,以及国际条约、协议规定的其他刑事司法协助和警务合作事宜。

Article 376:在不违背我国法律和有关国际条约、协议的前提下,我国边境地区设区的市一级公安机关和县级公安机关与相邻国家的警察机关,可以按照惯例相互开展执法会晤、人员往来、边境管控、情报信息交流等警务合作,但应当报省级公安机关批准,并报公安部备案;开展其他警务合作的,应当报公安部批准。

Article 377:公安部收到外国的刑事司法协助或者警务合作请求后,应当依据我国法律和国际条约、协议的规定进行审查。 对于符合规定的,交有关省级公安机关办理,或者移交其他有关中央主管机关;对于不符合条约或者协议规定的,通过接收请求的途径退回请求方。

对于请求书的签署机关、请求书及所附材料的语言文字、有关办理期限和具体程序等事项,在不违反我国法律基本原则的情况下,可以按照刑事司法协助条约、警务合作协议规定或者双方协商办理。

Article 378:负责执行刑事司法协助或者警务合作的公安机关收到请求书和所附材料后,应当按照我国法律和有关国际条约、协议的规定安排执行,并将执行结果及其有关材料报经省级公安机关审核后报送公安部。

在执行过程中,需要采取查询、查封、扣押、冻结等措施或者返还涉案财物,且符合法律规定的条件的,可以根据我国有关法律和公安部的执行通知办理有关法律手续。

请求书提供的信息不准确或者材料不齐全难以执行的,应当立即通过省级公安机关报请公安部要求请求方补充材料;因其他原因无法执行或者具有应当拒绝协助、合作的情形等不能执行的,应当将请求书和所附材料,连同不能执行的理由通过省级公安机关报送公安部。

Article 379:执行刑事司法协助和警务合作,请求书中附有办理期限的,应当按期完成。 未附办理期限的,调查取证应当在三个月以内完成;送达刑事诉讼文书,应当在十日以内完成。 不能按期完成的,应当说明情况和理由,层报公安部。

Article 380:需要请求外国警方提供刑事司法协助或者警务合作的,应当按照我国有关法律、国际条约、协议的规定提出刑事司法协助或者警务合作请求书,所附文件及相应译文,经省级公安机关审核后报送公安部。

Article 381:需要通过国际刑事警察组织查找或者缉捕犯罪嫌疑人、被告人或者罪犯,查询资料、调查取证的,应当提出申请层报国际刑事警察组织中国国家中心局。

Article 382:公安机关需要外国协助安排证人、鉴定人来中华人民共和国作证或者通过视频、音频作证,或者协助调查的,应当制作刑事司法协助请求书并附相关材料,经公安部审核同意后,由对外联系机关及时向外国提出请求。

来中华人民共和国作证或者协助调查的证人、鉴定人离境前,公安机关不得就其入境前实施的犯罪进行追究;除因入境后实施违法犯罪而被采取强制措施的以外,其人身自由不受限制。

证人、鉴定人在条约规定的期限内或者被通知无需继续停留后十五日内没有离境的,前款规定不再适用,但是由于不可抗力或者其他特殊原因未能离境的除外。

Article 383:公安机关提供或者请求外国提供刑事司法协助或者警务合作,应当收取或者支付费用的,根据有关国际条约、协议的规定,或者按照对等互惠的原则协商办理。

Article 384:办理引渡案件,依照《中华人民共和国引渡法》等法律规定和有关条约执行。

Chapter XIV: Supplemental Provisions

Article 385:The term "crime endangering national security"; as used in these Provisions, includes the crimes endangering national security found in Chapter I of the Special Provisions of the Criminal Law, as well as other crimes endangering national security; "terrorist activity crimes" includes crimes that employ violence, destruction, intimidation or other such means for the purpose of creating social panic, endangering public safety or coercing of state organs or international organizations, and which cause or are intended to cause casualties, major property damage, destruction of public facilities, social disorder or other serious harm to society, as well as crimes of inciting, subsidizing or otherwise assisting the above activities .

Article 386:The legal department of the public security organ will handle requests for reconsideration or review, submitted by the parties, their legally-designated representatives, agents ad litem, or defense attorneys.

办理刑事复议、复核案件的具体程序,适用《公安机关办理刑事复议复核案件程序规定》。

Article 387:公安机关可以使用电子签名、电子指纹捺印技术制作电子笔录等材料,可以使用电子印章制作法律文书。 对案件当事人进行电子签名、电子指纹捺印的过程,公安机关应当同步录音录像。

Article 388:本规定自2013年1月1日起施行。 1998年5月14日发布的《公安机关办理刑事案件程序规定》(公安部令第35号)和2007年10月25日发布的《公安机关办理刑事案件程序规定修正案》(公安部令第95号)同时废止。

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