Chapter I: Objectives and Basic Principles
Chapter IV: Defense and Representation
Chapter VI: Compulsory Measures
Chapter VII: Attached Civil Suits
Chapter VIII: Timing and Service
Part 2: Case Filing, Investigation and Initiating Public Prosecutions
Section 1: Ordinary Provisions
Section 2: Interrogating Criminal Suspects
Section 3: Questioning Witnesses
Section 4: Inquest and Inspections
Section 6: Sealing and Seizure of Physical and Documentary Evidence
Section 8: Technical Investigation Measures
Section 10: Concluding Investigations
Section 11: Investigation of Cases Directly Accepted by the People's Procuratorate
Chapter III: Initiating Prosecutions
Chapter II: First-Instance Trial Procedure
Section 1: Public Prosecutions
Section 2: Private Prosecutions
Section 4: Expedited Procedures
Chapter III: Second-Instance Trial Procedures
Chapter IV: Death Penalty Review Procedures
Chapter V: Trial Supervision Procedures
Chapter I: Procedures for Juvenile Criminal Cases
Chapter II: Procedures for Public Prosecutions in Which the Parties Settle
Chapter III: Procedures for Trial in Absentia
Part 1: General Provisions
Chapter I: Objectives and Basic Principles
Article 1: This law is formulated on the basis of the Constitution to ensure the correct implementation of the Criminal Law, to punish crime, protect the people, safeguard national security and the public safety of society, and to defend the socialist social order。
Article 2: The mission of the PRC Criminal Procedure Law is to ensure the timely and accurate clarification of facts in criminal cases, correctly apply the law, punish criminals, guarantee that innocent people are not criminally prosecuted, teach the people to consciously obey the law, actively fight criminal offenses, maintain the socialist legal system, respect and guarantee human rights, protect citizens' rights in their person, their property and their democratic rights, ensuring the smooth construction of socialism
Article 3: The public security organs are responsible for the investigation, detention, performing arrests, and pretrial of criminal cases. The people's procuratorates are responsible for reviewing, approving arrest, investigating cases directly accepted by the procuratorates, and initiating public prosecutions. The people's courts are responsible for trial. Unless the law specially provides, other organs, groups or individuals have no right to perform these powers.
People's courts, people's procuratorates, and public security organs carrying our criminal prosecutions must strictly follow the provisions of this and other laws.
Article 4: State security organs handle criminal cases of endangering national security in accordance with legal provisions, exercising the same functions and powers as public security organs.
Article 5: People's courts follow legal provisions to independently exercise the power of adjudication; people's procuratorates follow legal provisions to independently exercise prosecution powers, and will not rbe interfered with by administrative organs, social groups or individuals.
Article 6: People's courts, people's procuratorates and public security organs carrying out criminal prosecutions must rely on the people, must 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 7: People's court, people's procuratorates and public security organs carrying out criminal prosecutions shall divide labor and responsibilities, cooperate with each other and restrain each other, so as to ensure the proper and effective enforcement of the law.
Article 8: The people's procuratorates peform legal supervision of criminal prosecutions in accordance with law.
Article 9: Citizens of all ethnicities have the right to use their ethnic language and script to conduct litigation. People's courts, people's procuratorates and public security organs shall translate for litigation participants that don't have a good understanding of the locally used language.
In areas with concentrations of minority peoples or with several ethnic groups living together, the local language shall be used in trials and the local script used in releasing judgments, proclamations and other documents.
Article 10: Cases tried by the people's courts implement a systems of a final judgment after two trials.
Article 11: People's courts hearing cases, unless otherwise provided in this law, shall all be conducted publicly. Defendants have the right to obtain a defense; people's courts have an obligation to ensure that defendants obtain a defense.
Article 12: No person may be found guilty except by the lawful judgment of a people's court.
Article 13: In cases tried by the people's courts, the people's assessor system should be implemented in accordance with this law.
Article 14: The people's courts, people's procuratorates and public security organs shall guarantee criminal suspects', defendants' and other participants in the proceedings' right to a defense, and other procedural rights.
Litigation participants have the right to submit an accusation against adjudicators, procurators and invesigators who infringe on citizen's procedural rights and cause personal insult.
Article 15: Where criminal suspects or defendants voluntarily and truthfully confess their own criminal conduct, admit the facts of the crime as charged, and are willing to accept punishment, they may be given a lenient disposition in accordance with law.
Article 16: Criminal liability is not pursued in any of the following situations, and if it is already being pursued, the case shall be withdrawn, not prosecuted, or have trial terminated or a not-guilty verdict announced:
（1）Those where the circumstances are notably minimal and the harm not great, so that no crime is found；
（2）The statute of limitations on the crime has already past；
（3）a pardon has excused punishment
（4）With respect to crimes that can only be handled following an complaint, there has been no complaint or the complaint has been withdrawn；
（5）the suspect or defendant is deceased;
（6）other statutes provide for not pursuing criminal liability.
Article 17: This law applies to foreigners who commit crimes and shall be pursued for criminal liability.
Where foreigners who have diplomatic privilege and immunity commit a crime that shall be pursued for criminal responsibility, resolve it through diplomatic channels.
Article 18: In accordance with treaties that the PRC has signed or participates in, or the principal of reciprocity, Chinese and foreign judicial organs may mutually request judicial assistance.
Chapter II: Jurisdiction
Article 19: Unless the law provides otherwise, the investigation of criminal cases is performed by the public security organs.
People's procuratorates may open a case and investigate when people's procuratorates carrying out legal oversight of procedural activities that discover crimes by judicial personnel that violate citizens' rights or harm judicial fairness, such as unlawful confinement, extortion of confessions by torture, or unlawful searches. When it is necessary for a people's procuratorate to directly accept a case in which state personnel exploited their office and powers to commit major crimes that are in the jurisdiction of the public security organs, the people's procuratorate may file and investigate the case upon decision of a people's procuratorate at the provincial level or above.
The people's courts will directly accept private prosecution cases.
Article 20: Basic level people's court have jurisdiction over the first-instance trial of ordinary criminal cases, with the exception of those where the intermediate people's courts have jurisdiction under this law.
Article 21: Intermediate people's courts have jurisdiction over the following first-instance criminal trials:
（1）cases of endangering national security or terrorist activity;
（2）Cases that might result in a judgment of indefinite imprisonment or death.
Article 22: Case over which the high people's courts have jurisdiction over the first-instance trial are major criminal cases that effect the entire province (autonomous region, directly governed municipality)
Article 23: Cases over which the Supreme People's Court has jurisdiction of the first-instance trial are major criminal cases that effect the entire nation.
Article 24: When necessary, higher level people's courts may try cases over which a lower court has jurisdiction of the first-instance trial.; where a lower court feels a case is major and complicated, and needs to have the higher level court try the first-instance case, they may request that the higher court try it.
Article 25: Jurisdiction of criminal cases is with the people's court at the site of the crime. If it is more appropriate, the people's court at the defendant's place of residence may have jurisdiction.
Article 26: In cases where several people's courts at the same level have jurisdictional power, the first people's court to accept the case will try it. When necessary, it may be transferred to the site of the principal crime for trial.
Article 27: Higher level people's courts may designate a lower level people's court to try a case where the jurisdiction is unclear, and may also designate that a lower court should transfer a case to another people's court for trial.
Article 28: The jurisdiction of special people's courts is provided for elsewhere.
Chapter III: Recusal
Article 29: Adjudicators, procurators and investigators with the following circumstances shall recuse themselves; parties and their legally-designated representatives also have the right to request their 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 30: Adjudicators, procurators, and investigators must not accept gifts or hospitality from parties and their agents, and must not meet with parties and their agents in violation of rules.
Adjudicators, procurators, investigators violating the preceding paragraph shall be pursued for legal liability in accordance with law. Parties and their legal agents have the right to request their recusal.
Article 31: The recusal of adjudicators, procurators and investigators shall be decided discretely by the court president, chief procurator and head of the public security organ; the recusal of a court president is decided upon by the adjudication committee of that court; the recusal of a chief procurator or head of a public security organ is decided upon by the prosecution committee of the people's procuratorate at the same level.
Before a decision is issued on the recusal of an investigator, investigators cannot stop investigating a case.
Parties and their legally-designated representatives may apply for one reconsideration of a decision to reject an application for recusal.
Article 32: Provisions in this Chapter regarding recusal apply to court reporters, trainslators and evaluators.
Defenders and agents ad litem may follow this chapter's provisions to request recusal and apply for reconsideration.
Chapter IV: Defense and Representation
Article 33: In addition to carrying out their own defense, criminal suspects and defendants may retain 1 or 2 persons as their defender. The people below may retained as defenders:
（1）lawyers；
（2）persons recommended by people's organizations or the suspect or defendant's workplace ；
（3）friends and family of the suspect or defendant.
Persons who are currently serving a criminal sentence of have had their physical liberty limited or denied, may not serve as defenders.
Persons who have been removed from public office or had their lawyers or notary practice certificates cancelled, must not serve as defenders, except where they are criminal suspects or defendants' guardians or immediate family members.
Article 34: From the day that the suspect is first interrogated or first has compulsory measures adopted against him, he has the right to retain a defender; during the investigation period, he may only retain a lawyer as a defender. Defendants have the right to retain a defender at any time.
When investigating organs have the first interrogation of criminal suspects or employ compulsory measures against them, they shall inform the criminal suspect of right to retain a defender. Within three days of the date on which it receives case materials transferred for review for prosecution, the people's procuratorate shall inform the suspect that they have the right to retain a defender. Within 3 days of accepting a case, people's courts shall inform defendants that they have the rights to retain a defender. Where criminal suspects and defendants that are detained request to retain a defender, the people courts, people's procuratorates and public security organ shall promptly transfer their request.
Detained criminal suspects or defendants may also have their guardian or close relatives retain a defender on their behalf.
After a defender accepts the representation of a suspect or defendant, he shall promptly inform the case-handling organ.
Article 35: Criminal suspects and defendants that have not retained a defender because of economic hardship or other reason, and their families, may apply to a legal aid institution. Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide a defense.
The people's courts, procuratorates, and public security organs shall notify the legal aid organization to appoint a lawyer to provide a defense for criminal suspects or defendants who are blind, deaf, mute or a mentally ill person who has not totally lost the capacity to recognize or control his conduct, that have not retained a defender,
The people's courts, people's procuratorates and public security organs shall notify the legal aid organization to appoint a lawyer to provide a defense for criminal suspects or defendants that might be sentenced to indefinite imprisonment or death who have not retained a defender.
Article 36: Legal aid institutions may station duty lawyers in people's courts and detention centers. Where criminal suspects or defendants have not retained a defender, and the legal aid institutions have not appointed a lawyer to provide them with a defense, the duty lawyer is to provide the criminal suspects or defendants with legal assistance such as legal consultation, suggestions on procedural selection, applications for modification of compulsory measures, and submitting opinions on the case handling.
People's courts, people's procuratorates, and detention centers shall inform criminal suspects or defendants that they have the right to meet with duty lawyers, and facilitate criminal suspects or defendants' meetings with duty lawyers.
Article 37: The defender‘’s responsibility is to submit materials and opinions based on the facts that show that the suspect or defendant is not guilty or that his liability should be mitigated, commuted or excused; and to protect the procedural and other lawful interests of the suspect or defendant.
Article 38: Defense lawyers may provide legal assistance to criminal suspects in the investigation phase, represent them in appeals and accusations, apply for modification of compulsory measures, learn the charges and circumstances from the investigating organs and submit comments.
Article 39:Defense lawyers may meet and communicate with detained suspects or defendants. Other defenders may also meet and communicate with detained suspects or defendants after having gotten the permission of the peoples court and people's procuratorate.
Detention centers shall promptly arrange a meeting, no later than 48 hours, for defense lawyers holding a lawyers' professional license, proof from a a law firm and a letter of representation or legal aid letter, and requesting to meet with a criminal suspect or defendant.
Defense lawyers' meetings with criminal suspects during the investigation of cases of crimes endangering national security, terrorist activities, shall be upon the permission of the investigating organ. In the cases described above, the investigating organ shall first notify the detention center.
Defense lawyers meeting with detained criminal suspects or defendants may learn of the case circumstances and provide legal consultation etc. ; from the day that the case is transferred for review for prosecution, they may verify relevant evidence with the suspect or defendant Defense lawyers are not to be listened in on when meeting with criminal suspects or defendants .
Provisions of the first, third and fourth clauses apply to defense lawyers meeting and communicating with criminal suspects or defendants under residential surveillance.
Article 40: From the day the people's procuratorate begins reviewing for prosecution, defense lawyers may read, copy and reproduce case file materials. Other defenders may also read, copy and reproduce the above materials upon the permission of the people's courts or people's procuratorates.
Article 41: Where the defender feels that the public security organ or people's procuratorate has gathered evidence in the investigation phase that shows the suspect or defendant is not guilty or that the offense was minor, and has not submitted it, he has the right to apply to the people's procuratorate or people's court to collect it.
Article 42: Defenders that have gathered evidence about a suspect's alibi, not having reached the age of criminal liability, or being a mentally ill person that doesn't bear criminal responsibility under law, shall promptly inform the public security organs and people's procuratorate.
Article 43: Defense lawyers may collect evidence from witnesses or other workplaces or individuals with their consent, they may also apply to the people's procuratorate or people's court to gather or collect evidence, or apply to the people's court to notify witnesses to appear in court to testify.
Defense lawyers may collect materials relevant to the case from victims, their families or witnesses provided by the victim, with their consent, and authorization from a people's procuratorate or people's court.
Article 44: Defenders, and all other persons, must not assist criminal suspects or defendants in concealing, destroying or fabricating evidence or colluding on testimony, and must not entice witnesses to give false testimony or do other things that disrupt the litigation activities of the judicial organs.
Those violating the preceding paragraph shall be pursued for criminal liability, cases of defenders involved in crimes shall be handled by investigatory organs other than that handling the case in which the person is serving as a defender. Where the defender is a lawyer, his law firm and lawyers association shall be promptly notified.
Article 45: In the course of trial, the defendant may refuse the defenders' continued defense, and may also separately retain a defender for his defense.
Article 46: Victims in public prosecutions and their legally-designated representatives or close family members, and parties to attached civil lawsuits and their legally-designated representatives, have the right to retain an agent ad litem from the day the case is transferred for review for prosecution. The party initiating a private prosecution and their legally-designated representative, and parties to attached civil lawsuits and their legally-designated representatives, have the right to retain an agent ad litem at any time.
Within three days of the date on which it receives case materials transferred for review for prosecution, the people's procuratorate shall inform the victim, his legally-designated representatives or close relatives and the parties to attached civil lawsuits and their legally-designated representatives, that they have the right to retain an agent ad litem. Within three days of accepting a private prosecution case, people's courts shall notify private prosecutors and their legally-designated representatives and parties to attached civil suits and their legally-designated representatives that they have the right to retain an agent ad litem.
Article 47: Refer to the provisions of article 33 of this law for carrying out the retention of a an agent ad litem.
Article 48: Defense lawyers have the right to preserve the confidentiality of their client's information and relevant circumstances that they learn during the course of performing their professional activities 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 49: Defenders or agents ad litem who feel that public security organs, people's procuratorates, or people's people's courts and their employees are obstructing the lawful exercise of their procedural rights, have the right to appeal or make an accusation to the people's procuratorate at the level above. People's procuratorates shall promptly investigate appeals or accusations, and where they are true, notify the relevant organ to make corrections.
Chapter V: Evidence
Article 50: 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) the suspect or defendant's statements or explanations;
(6) evaluation opinions;
(7) Records such as those from examination, inspection, identification, and investigation experiments
(8) audio or visual materials and electronic data.
Evidence must be verified as true before it can be the basis of a case verdict.
Article 51: In public prosecutions, the procuratorate bears the burden of presenting evidence that the defendant is guilty; in private prosecutions the private prosecutor bears the burden of presenting evidence that the defendant is guilty.
Article 52: Adjudicators, procrators and investigators must follow legally-prescribed procedures in gathering evidence sufficient to show that a criminal suspect or defendant is guilty or not guilty and all kinds of evidence showing the severity of the crime. 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. 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 53: Approval of arrest documents submitted by public security organs, indictments by the people's procuratorates and judgments by the people's courts must be faithful to the factual truth. Those intentionally concealing the factual truth shall be pursued for responsibility.
Article 54: People's courts, people's procuratorates and public security organs have the right to gather and collect evidence from relevant workplaces and individuals in accordance with law. Relevant units and individuals shall truthfully provide evidence.
Evidence including physical evidence, documentary evidence, audio visual materials and electronic data collected by administrative organs in the course of administrative enforcement and case review may be used as evidence in criminal cases.
Evidence that relates to national secrets, commercial secrets or personal privacy shall be kept confidential.
Anyone who falsifies evidence, conceals evidence, or destroys evidence, regardless of what side they belong to, must be legally pursued.
Article 55: Major evidence is needed in all aspects of a case decision, emphasizing investigation and research, not casually crediting confessions. When there is only a confession from the defendant, and no other evidence, the defendant can not be found guilty or sentenced, if there is no confession from the defendant, but the evidence is credible and sufficient, the defendant may be found guilty and sentenced.
Evidence that is credible and sufficient shall meet the following requirements:
(1) facts on guilt and sentencing all have evidence supporting them;
(2) All evidence on which the judgment is based must have been verified as true through statutory procedures ;
(3) All evidence of the case taken together, excludes all reasonable doubt as to the identified facts.
Article 56: Criminal suspects or defendants confessions gathered by the use of torture to extract confessions or other illegal methods or witness testimony or victim statements gathered by the use of illegal methods such as violence or threats, shall be excluded. Where the gathering of physical or documentary evidence does not comply with legally prescribed procedures and might seriously influence judicial fairness, supplementation and correction or a reasonable explanation shall be provided; where it cannot be supplemented and corrected, or have a reasonable explanation provided, that evidence shall be excluded.
Where evidence that should be excluded is discovered during the investigation, review for prosecution or trial, it shall be excluded in accordance with law, and must not be used as the bases of an indictment opinion, a decision to indict, or a verdict.
Article 57: People's procuratorates receiving a report, accusation or internal report, or discovering that investigators have illegally gathered evidence, shall perform an investigation and confirmation. A corrective opinion shall be submitted where there is truly a situation of illegal evidence gathering; and pursue criminal liability if it comprises a crime.
Article 58: Where during the course of a courtroom trial, adjudicators find their might be a situation of illegal evidence gathering as provided in Article 56 or this regulation, they shall carry out a courtroom investigation on the legality of the evidence gathering.
Parties, their defenders and agents ad litem have the right to apply to the people's court to have illegally gathered evidence excluded. Those applying to have illegally gathered evidence excluded shall provide relevant leads or other materials.
Article 59: In the course of carrying out a courtroom inquiry into the lawfulness of evidence gathering, the people's procuratorate shall provide proofs of the legality of the evidence gathering.
Where the evidentiary materials currently had cannot prove the legality of the evidence gathering, the people's procuratorate may request the people's court notify relevant investigatory personnel or other persons to appear in court to explain the situation; the people's courts may notify relevant investigatory personnel to appear in court to explain the circumstances. Relevant investigatory personnel or other persons may also request to appear in court to explain the situation. Upon the people's court's notification, relevant persons shall appear in court.
Article 60: The evidence in question shall be excluded upon undergoing court room hearing confirming a situation of illegal evidence gathering as provided in Article 56 of this regulation or finding that such a situation cannot be excluded.
Article 61: Witness testimony must be verified in court as true by prosecutors, victims and defenders before it can be the basis of a case decision. Where the court confirms that a witness has intentionally given false testimony or concealed evidence, it shall handle it in accordance with law.
Article 62: Any person that knows the situation of a case has a duty to testify.
A person who cannot distinguish right from wrong or clearly express themselves and a result of a physiological, psychological defecit or youth, can not be a witness.
Article 63: 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 64: People's courts , people's procuratorates and public security organs shall adopt one or more of the following protective measures for witnesses who face a threat to their physical safety or that or their close relatives, as a result of testifying in a case of endangering national security, terrorist activities, mafia-type organized crime or drug offense:
(1) Don't disclose their true name, address, workplace, or other personal information;
（2）adopt measures for appearing in court to testify that don't reveal appearances or true voices ;
（3）Prohibit certain personnel from interacting with witnesses, evaluators, victims and their families；
（4）adopt special protective measures for persons and residences；
(5) Other necessary protective measures.
Witnesses, appraisers and victims who feel they face threats to their personal safety or that of their family as a result of testifying in the course of litigation, may request that the people's courts, people's procuratorate and public security organs provide protection.
Relevant workplaces and individuals shall cooperate with people's courts, people's procuratorates and public security organs lawfully adopting protective measures.
Article 65: Traffic, accommodation, food, and other expenses incurred by witnesses as a result of performing their obligation to testify shall be subsidized. The subsidies for witnesses' testimony shall be included in the public security organs operations expenses.
When witnesses from a workplace testify, their workplace must not withhold or indirectly withhold their salary, benefits or other bennefits.
Chapter VI: Compulsory Measures
Article 66: People's courts, people's procuratorates and public security organs may impose a custodial summons, release on guarantee pending further investigation or residential surveillance on a criminal suspect or defendant.
Article 67: People's courts, people's procuratorates and public security organs may release a suspect or defendant on guarantee pending further investigation in any of the following circumstances:
（1）They might be sentenced to controlled release, short-term detention, or 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） where the detention period is complete but the case is still underway and it is necessary to adopt release on guarantee pending further investigation.
The public security organs enforce release on guarantee pending further investigation.
Article 68: People's courts, people's procuratorates and public security organ deciding to release a suspect or defendant on guarantee pending further investigation shall order the suspect or defendant to submit a guarantor or a guarantee deposit.
Article 69: Guarantors must meet the following requirements :
(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 70: Guarantors shall perform the following duties：
（1）Supervise the guaranteed persons' compliance with the provisions of article 71 of this law；
（2）Promptly report to the enforcing organ if it is discovered that the guaranteed person might or has already violated the provisions of article 71 of this law,
Where the guaranteed person has violated the provisions of article 71 of this law and the guarantor has not carried out his guarantor duty, the guarantor will be fined, and if it constitutes a crime, pursued for criminal liability in accordance with law.
Article 71: Criminal suspects and defendants released on guarantee pending further investigation shall obey the following provisions:
(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.
On the basis of the circumstances of the case, people's courts, people's procuratorates and public security organs may order a suspect or defendant who is released on guarantee pending further investigation to obey one or more of the following provisions:
（1）must not enter designated locations；
（2）must not meet or communicate with designated persons；
（3）must not engage in designated activities;
(4) Give passports or other entry/exit documents and drivers' licenses to the enforcement organ for keeping.
Suspects or defendants released on guarantee pending further investigation that violate the provisions of the proceeding two paragraphs and have already handed over a guarantee deposit, will have their guarantee deposit confiscated in part or in full and according to different circumstances, order the suspect or defendant to write a letter of repentance, provide a new guarantee deposit or guarantor, or be placed under residential surveillance or arrested.
Criminal suspect or defendants that violate provisions of release on guarantee pending further investigation that need to be arrested may first be taken into custody.
Article 72: The amount of the guarantee deposit for release on guarantee pending further investigation decision shall be set by comprehensive consideration circumstances such as the need to ensure the normal conduct of litigation activities, the threat to society posed by the person released on guarantee, the type and situation of the case, the severity of the possible sentence and the financial status of the person released on guarantee.
Persons providing a guarantee deposit shall deposit the guarantee in a special account at the bank designated by the enforcement organ.
Article 73: When release on guarantee pending further investigation is concluded, criminal suspects or defendants who have not violated the provisions of article 71 of this law while released on guarantee pending further investigation, may bring their notice of removal from release on guarantee or relevant legal document to the bank to have their guarantee returned.
Article 74: People's courts, people's procuratorates and public security organs may place suspects or defendants that 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 other special situations or case-handling needs that make it 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.
Suspects or defendants meeting the requirements for release on guarantee pending further investigation who cannot provide a guarantor or guarantee deposit, may be put under residential surveillance.
Residential surveillance will be enforced by the public security organs.
Article 75: Residential surveillance shall be enforced in the residence of the 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. However, enforcement must not be in a detention facility or special case-handling facility.
Where residential surveillance is in a designated location the person under residential surveillance's family shall be notified within 24 hours, unless there is no way to inform them.
Apply the provisions of article 34 for suspects or defendants under residential surveillance retention of a defender.
The people's procuratorates supervise whether or not the decision to enforce residential surveillance and its enforcement are legal.
Article 76: The period of residential surveillance in a designated location shall be subtracted from the sentence. One day shall be subtracted from a sentence of controlled release for each day spent under residential surveillance, for persons sentenced to short-term detention or a prison term, one day shall be subtracted for every 2 days under residential surveillance.
Article 77: Suspects and defendants under residential surveillance shall obey the following rules:
(1) Must not leave the location of residential surveillance without the enforcing organ's permission.
(2) Will not meet or communicate with others without the enforcing organs permission ;
(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.
When a suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and the circumstances are serious, they may be arrested; if it is necessary to arrest, the suspect or defendant may first be taken into custody.
Article 78: The organ enforcing residential surveillance may use electronic monitoring, unscheduled inspections and other surveillance methods on the suspect or defendant; in the investigation period, a suspect under residential surveillance's communications may be monitored.
Article 79: When persons are placed under guarantee pending further investigation by the people's courts, people's procuratorates and public security organs, the period may not exceed 12 months, residential surveillance may not exceed 6 months.
During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution and trial of the case must not be interrupted. Where it is discovered that criminal liability should not be pursued or the period for release on guarantee pending further investigation or residential surveillance is complete, the release on guarantee or residential surveillance shall be lifted. In removing release on guarantee pending further investigation or residential surveillance, the person under the release or residential surveillance and relevant workplaces shall be promptly informed.
Article 80: Arrest of suspects or defendants must be decided upon by a people's procuratorate or people's court and will be enforced by public security organs.
Article 81: Criminal suspects and defendants shall be arrested where there is evidence proving the facts of the crime, the possible sentence might be one year or longer imprisonment and release on guarantee pending further investigation is insufficient to to prevent the occurrence of the following dangers:
(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.
In approval of arrest or arrest decisions, the nature and circumstances of the criminal suspects or defendants' suspected crimes, circumstances of admitting guilt and accepting punishment shall be factors in considering whether there is a threat to society.
The suspect shall be arrested where there is evidence proving the facts of the crime and the possible punishment is 10 years or more imprisonment; or there is evidence proving the facts of the crime and the possible punishment is imprisonment or higher and the suspect has previous committed a crime of intentional infliction of harm or their identity is unclear.
Suspects or defendants released on guarantee pending further investigation or under residential surveillance who violate the provisions of their release or residential surveillance may be arrested where the circumstances are serious.
Article 82: Public security organs may take a person currently committing a crime, or a major suspect, into custody in any of the following situations:
（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 83: When public security organs take someone into custody or perform an arrest outside their territory, they shall notify the public security organ at the subject's location, and that public security organ shall cooperate.
Article 84: Any citizen may immediately seize and bring a person with the following characteristics to a public security organ, people's procuratorate or people's court for handling.
（1） Discovered while committing a crime or immediately after committing a crime ;
(2) is a wanted criminal；
（3）is an escaped prisoner；
（4）is being pursued for capture。
Article 85: When public security organ takes someone into custody, they must present a warrant for custody。
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. The person taken into custody's family shall be notified within 24 hours of their being taken into custody, unless there is no way to contact them or it is a crime endangering national security or a terrorist activities crime where notification might obstruct the investigation. After the situation that would obstruct investigation has passed, they shall immediately inform the person in custody's family.
Article 86: Public security organs shall interrogate a person taken into custody within 24 hours of taking them into custody. When it is discovered that a person should not have been taken into custody, they must be immediately released and given a proof of release.
Article 87: When public security organs request the arrest of a criminal suspect, they shall write out and submit an arrest authorization certificate, and send it to the people's procuratorate, along with the case file and evidence, for approval. When necessary, the people's procuratorate may appoint someone to participate in the public security organ's discussion of major cases.
Article 88: People's procuratorates performing a review for approving an arrest, may interrogate the criminal suspect; in any of the following circumstances, they must interrogate the suspect:
（1）there is a question over whether the requirements for arrest are met；
（2）The criminal suspect requests to make a statement to a procurator in person；
（3）There might be major violations of law in the investigative activities.
People's procuratorates performing a review for approving an arrest may question witnesses and other litigation participants and hear the defense lawyers opinions; when a lawyer submits a request, they shall hear the lawyers opinions.
Article 89: People's procuratorates review and approval of the arrest of a criminal suspect is decided by the chief procurator. Major cases shall be submitted to the procurator commission to discuss and decide.
Article 90: After the people's procuratorate carries out a review of a case submitted by the public security organs for approval of arrest, it shall make a decision on whether or not to approve the arrest on the basis of the situation. Where the decision is to approve arrest, the public security organs shall immediately enforce it, and promptly report notify the people's procuratorate of the circumstances of enforcement. Where arrest is not approved, the people's procuratorates shall explain their reasons, and where supplementary investigation is necessary, they shall inform the public security organ at the same time.
Article 91: Where public security organs feel that a person in custody needs to be arrested, they shall submit it to the people's procuratorate for review to approve arrest within 3 days of taking the person into custody. In special circumstances the time for submitting for review for approval of arrest may be extended by 1-4 days.
The time for submitting for review for approval of arrest may be extended to 30 days for those suspected of committing crimes across multiple regions, committing multiple crimes, or cases of gang crimes.
The people's procuratorate shall issue a decision to approve arrest or not approve within 7 days of having received an arrest certificate submitted for approval by a public security organ. Where the people's procuratorate does not approve arrest, the public security organ shall immediately release the suspect upon receiving notification, and promptly notify the people's procuratorate of the enforcement circumstances. Where it is necessary to continue investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they should be released on guarantee or put under residential surveillance in accordance with law.
Article 92: When public security organs feel that the people's procuratorate's decision not to approve arrest was in error, they may request a reconsideration, but must immediately release the person in custody. If the opinion is not accepted, they may submit it for review to the people's procuratorate at the level above. The people's procuratorate at the level above shall review it immediately and issue a decision on whether or not to make changes, and notify the people's procuratorate and public security organ at the level below to enforce it.
Article 93: When public security organs arrest someone, they must present an arrest warrant.
After arrest, the arrested person shall be brought immediately brought for detention in the lock-up. Unless there is no way to inform them, the family of the person arrested shall be notified within 24 hours of the arrest.
Article 94: Public security organs must interrogate persons arrested upon the approval of the people's procuratorate within 24 of the arrest, as mus People's courts, and people's procuratorates for those persons whose arrest they decided. When it is discovered that a person should not be arrested, they must be immediately released and given a proof of release.
Article 95: After the arrest of a criminal suspect of defendant, the people's procuratorate shall continue to review the necessity of detention. Release or a change of compulsory measures shall be suggested for those who do not not require detention be continued. The relevant organs shall inform the people's procuratorate of the circumstances of the disposition within 10 days.
Article 96: The people's courts, people's procuratorates and public security organs shall immediately withdaw or change a compulsory measures against a suspect or defendant, if it is discovered that its adoption was improper. Public security organs releasing an arrested person or changing arrest methods shall notify the people's procuratorate originally approving it.
Article 97: Criminal suspects or defendants their legally-designated representatives, close relatives, or defenders have the right to apply for a change in compulsory measures. People's courts, people's procuratorates and public security organs receiving an application shall issue a decision within 3 days; if not consenting to the change in compulsory measures, they shall notify the applicant and explain the reason for not consenting.
Article 98: In cases where the criminal suspect or defendant is detained and the case cannot be resolved within the periods for investigatory detention, review of prosecution, and first and second instance trials, the suspect or defendant shall be released, where it is necessary to continue reviewing evidence, the suspect or defendant may be released on guarantee pending further investigation or placed under residential surveillance.
Article 99: People's courts, people's procuratorates and public security organs shall release persons who have been placed under compulsory measures when the statutory period is complete, shall end release of guarantee pending further investigation, residential surveillance or change the compulsory measure in accordance with law. The criminal suspect or defendant and his legally-designated representative, close relatives or defender have the right to request that a people's court, people's procuratorate or public security organ terminate compulsory measures for which the statutory term is complete,
Article 100: People's procuratorates discovering in the course of review for approval of arrest that there were violations by the public security organs in investigation activities, shall notify the public security organ to make corrections and the public security organ notify the procuratorate of the correction circumstances.
Chapter VII: Attached Civil Suits
Article 101: Where the victim has suffered material losses as the result of the defendant's criminal acts, he has the right to raise an attached civil suit in the course of the criminal prosecution. Where the victim has died or become incapacitated, the victim's legally-designated representative or close relatives have the right to initiate an attached civil suit.
If state assets or collective property has suffered losses, the people's procuratorate may initiate an attached civil suit when it initiates the public prosecution.
Article 102: When necessary, people's courts may adopt security measures, sealing, seizing or freezing the defendant's assets. The attached civil suit's plaintiff or the people's procuratorate may apply to the people's court to adopt security measures. Apply the relevant provisions of the Civil Procedure law for the people's courts' adoption of security measures.
Article 103: People's courts trying attached civil suits may perform mediation or make a ruling or judgment on the basis of the situation of the loss.
Article 104: Attached civil suits shall be tried together with criminal prosecutions, and only tried after the criminal trial to prevent the excessive delay of the criminal trial, with the same trial organization then continuing on to hear the attached civil case.
Chapter VIII: Timing and Service
Article 105: Time periods are calculated in hours, days and months.
The hour and day in which the period begins are not calculated into the time period.
The statutory time period do not include time spent in transit. Petitions for appeals or other documents already mailed when the time period is completed will not be considered untimely.
Where the final day of a time period is a work holiday, the first day following the end of the holiday will serve as the final day of the time period, but suspects' or defendants' periods of detention shall be complete on the day the time period ends and must not be extended because of a holiday.
Article 106: If due to force majeure or other legitimate reason a party misses a time period, he may apply to continue the litigation activity that should have been completed before the time period was completed.
Whether the application in the preceding paragraph will be approved is to be decided by the people's courts.
Article 107:Delivery of subpoenas, notifications and other litigation documents shall be made to the recipient in person, if the person is not present, itmay be to his adult family members or the responsible-party at his workplace on his behalf.
When a recipient or person receiving on his behalf refuses to accept , or refuses to sign his name or affix a seal, the deliverer may invite his neighbors or other witnesses to come and explain the circumstances to them, and leave the documents at the residence; recording the refusal, the date of delivery and the deliverer's signature on the document, and it will be considered delivered.
Chapter IX: Other Provisions
Article 108:The meaning of the following terms in this law are:
(1) 'Investigation' refers to public security organs, people's procuratorates and other organs lawfully carrying out efforts in criminal cases to collect evidence and check case facts in accordance with law, as well as related compulsory measures.
(2) "Party" refers to the victim, private prosecutor, defendant, and the plaintiff and defendant of an attached civil suit;
(3) 'legally-designated representative' indicates the person being represented's parents, foster/adoptive parents, guardian or the representative of a group and organ that has the duty to protect;
(4) 'litigation participants" refers to parties, legally-designated representatives, agents ad litem, defenders, witnesses, evaluators and translators;
(5) "agent ad litem" refers to a person retained to participate as a representative in litigation by the victim in a public prosecution and his legally-designated representative or close family members, or by the private prosecutor or his legally-designated representative in a private prosecution, or by parties to an attached civil litigation or their legally-designated representatives.
(6) "close relatives" [or "close family members"] refers to husbands, wives, fathers, mothers, sons, daughters and full siblings.
Part 2: Case Filing, Investigation and Initiating Public Prosecutions
Chapter I: Case Filing
Article 109: Public security organs or people's procuratorates discovering case facts or a criminal suspect shall file and investigate a case according to the scope of their jurisdiction.
Article 110: Any workplace or individual discovering facts of a crime or a criminal suspect has both the right and also the duty to report it to the public security organs, the people's procuratorates or the people's courts, or the report it to superiors.
Victims have a right to report crimes or suspects that violate their rights in their person or assets to the public security organs, people's procuratorates or people's courts, or make an accusation.
Public security organs, people's procuratorates and people's courts shall accept reported cases, accusations and internal reports. Those not within their own jurisdiction shall be transferred to the organ with principal jurisdiction for disposition, and the person reporting the case, making the accusation or reporting internally shall be notified; in those not within their jurisdiction that need to have emergency measures taken, emergency measures should be adopted and it should then be transferred to the organ with principal jurisdiction.
The provisions of the third paragraph apply where the offender turns himself in to the public security organ, people's procuratorate or people's court.
Article 111: Reporting a case, making an accusation, or internal reporting may be done in writing or orally. Personnel receiving an oral report of a case, accusation or internal report shall write it into a record and after reading it to ensure it has no errors, the person reporting, the accuser or the internal reporter shall sign their name or affix their seal.
Personnel receiving an accusation or internal report shall explain the legal liability for lodging a false charge to the accuser or internal reporter. However, as long as the story isn't concocted or the evidence fabricated, even if the accusation or internal report has factual discrepencies or is a wrongful accusation, a sharp distinction must be drawn between it and lodging a false charge.
Public security organs, people's procuratorates or people's courts sahll ensure the safety of persons reporting cases, accusers and internal reporters as well well as their families. If persons reporting cases, accusers or internal reporters are unwilling to disclose their names their actions in reporting the case, accusing or internally reporting, their confidentiality shall be protected.
Article 112: People's courts, people's procuratorates or public security organs shall quickly begin an investigation when receiving a report, accusation, or internal report, in accordance with the scope of their jurisdiction, and when they find that the facts of the case require that criminal responsibility be pursued, they shall file a case; when they find that there is no crime, or that the the crime is clearly minor and doesn't require pursuit of criminal responsibility, a case is not filed and theaccuser is notified of the reason for not filing a case. If the accuser is not satisfied with the decision, he may apply for a reconsideration.
Article 113: Where the people's procuratorate feels that the public security organ has not filed and investigated a case where it should do so, or the victim feels that the public security organ has not filed and investigated a case where it should do so and submits it to the people's procuratorate, the people's procuratotrate shall request that the public security organ explain the reason for not filing a case. If the people's procuratorate feels that the public security organ's reason for not filing the case is not sustainable, it shall notify the public security organ to file the case and after receiving the notice, the public security organ will file the case.
Article 114: In private prosecutions, the victim has the right to directly initiate a suit with the people's court. If the victim is dead or has lost capacity to act, the victim's legally-designated representative or close relatives have the right to file suit with the people's court. The people's court shall accept the case in accordance with law.
Chapter II: Investigation
Section 1: Ordinary Provisions
Article 115:Public security organs shall carry out investigations of cases that have already been filed, and gather or collect evidence showing whether the suspect is guilty or not-guilty, and whether the crime was minor or serious. Persons caught in the act or major suspects may be taken into custody in accordance with law, those suspects meeting the requirements for arrest shall be arrested in accordance with law.
Article 116:Public security organs that through investigation have evidence proving the facts of the crime shall carry out trial preparation, and verify all evidentiary materials that have been gathered or collected.
Article 117:The parties and defender, agent ad litem, and interested parties have the right to appeal or make an accusation to the relevant organ where a judicial organ or its personnel exhibits 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.
Organs accepting appeals or accusations shall promptly handle them. Those not satisfied with the disposition may appeal to the people's procuratorate at the same level; cases directly accepted by the people's procuratorate, may be appealed to the people's proscuratorate at the level above. The people's procuratorates shall immediately begin a review of the appeal, and if it proves true, notify the relevant organ to make corrections.
Section 2: Interrogating Criminal Suspects
Article 118: Investigators from the people's procuratorates or public security organs must be responsible for conducting the interrogation of suspects. When interrogating, there must be at least 2 investigators.
When a suspect is delivered to a detention center for detention, investigators interrogating him shall do so inside the detention center.
Article 119: Criminal suspects that do not need to be taken into custody or arrested may be summoned to a location in the city or county where they reside or interrogated in their residence, but documentation from the people's procuratorate or public security organ shall be displayed. Criminal suspects discovered at the scene may be orally summoned upon presentation of identification credentials, but this circumstance shall be noted in the interrogation records.
The period for summons and custodial summons must not exceed 12 hours, if the case is particularly major or complicated and needs to take a suspect into custody or make an arrest, the period of summons or custodial summons must not exceed 24 hours.
Consecutive summonses and custodial summonses must not be used to covertly confine a criminal suspect. When suspects are summoned or put under custodial summons, their food, water and necessary rest time shall be ensured.
Article 120: When interrogating a suspect, investigators shall first ask whether the suspect has committed a crime and let him describe the circumstances of the crime or explain that there is no crime, and then ask him questions. Suspects shall truthfully answer investigators' questions. However，they have the right to refuse to answer questions that are not not relevant to the case.
When investigators interrogate suspects, they shall inform the suspect of the procedural rights they enjoy, legal provisions that truthfully describing their own offense may result in leniency and the of the legal provisions on admitting guilt and accepting punishment.
Article 121: When interrogating deaf or mute suspects, a person who understands sign language shall participate and this situation shall be noted in the interrogation records.
Article 122: The interrogation record shall be checked by the suspect, and where subjects cannot read, it shall be read to him. If there are omissions or errors in the record, the suspect may supplement or correct. After a suspect accepts that the record has no errors, he shall sign or affix a seal. Investigators shall also sign the record. Where suspects request to write a statement themselves, it shall be permitted. When necessary, investigators may also request that the suspect write his own statement.
Article 123:When investigators interrogate a criminal suspect, they may make audio or video recordings of the interrogation process, for suspects that might be sentenced to life in prison or death, or in other major criminal cases, they shall make an audio or video recording of the interrogation process.
Audio or video recording shall be made of the entire process, to preserve their integrity.
Section 3: Questioning Witnesses
Article 124:Investigators may question witnesses at the scene, and may also go to a witness's workplace or resident or a place suggested by the witness to conduct the questioning; when necessary, they may notify the witness to appear at the people's procuratorate or public security organ to provide testimony. Work credentials shall be displayed when questioning witnesses at the scene, and supporting documents from the people's procuratorate or public security organ shall be displayed when questioning witness at their workplace, residence or a place suggested by the witness.
Witnesses shall be interviewed individually.
Article 125: When questioning witnesses, they shall be notified that they shall truthfully provide evidence and testimony and that those who intentionally fabricate or conceal evidence will bear legal responsibility.
Article 126: The provisions of article 122 of this law also apply to questioning witnesses.
Article 127: The provisions of this section apply to the questioning of witnesses.
Section 4: Inquest and Inspections
Article 128: Investigators shall conduct an inquest or inspection of all sites, items, persons or corpses related to the crime. When nescessary, persons with expert knowledge may be appointed or hired to carry out the inquest or inspection over which inspectors preside.
Article 129: All workplaces and individuals have the duty to preserve crime scenes and promptly notify public security organs to appoint someone to perform an inquest.
Article 130:Investigators performing an inquest or inspection must carry supporting documents from the people's procuratorate or public security organ.
Article 131: The public security have the right to decide to perform an autopsy on bodies for which the cause of death is unclear, and to notify the deceased's family to appear.
Article 132: Physical inspections may be performed to determine victims' or suspects' characteristics, physiological state or the circumstances of injury; fingerprints, blood and urine samples may be taken.
If suspects refuse the inspection, investigators may compel it when they feel it is necessary.
Physical inspections of women shall be performed by female personnel or doctors.
Article 133: A record shall be written for inquests and inspections, and signed by the personnel participating in the inquest or inspection and the witnesses, and their seals affixed.
Article 134:When the people's procurate is reviewing a case and feels there is a need to re-conduct the public security organ's inquest or inspection, it may request that the public security organ re-inspect or re-conduct the inquest, and may assign procuratorate personnel to participate.
Article 135:Investigative experiments may be carried out, when necessary to clarify the case facts, with the permission of the responsible person at the public security organ.
A record shall be written of the circumstances of an investigative experiment and signed or sealed by participants to the experiment.
All behavior that creates a threat or injury to personages and all indecent behavior is prohibited in investigative experiments.
Section 5: Searches
Article 136:For the purpose of gathering criminal evidence or capturing criminal, investigators may search the person, goods, residences and other relevant places of suspects as well as people that might conceal a crime or criminal evidence.
Article 137:All workplaces and individuals have the duty to comply with requests from the people's procuratorate to hand over physical evidence, documentary evidence, audio-visual recordings or other evidence that might prove the suspect's guilt or innocence.
Article 138:When conducting a search, a search warrant must be presented to the subject of the search.
When conducting an arrest or taking someone into custody, a search may be carried out without a search warrant in emergency circumstances.
Article 139:When conducting a search, the subject of the search, his family, neighbors or other witnesses shall be present.
Searches of women's bodies shall be carried out by female personnel.
Article 140:A record shall be made of the circumstances of searches, and it shall be signed or sealed by the searchers and the subject of the search or his family, neighbors or other witnesses. It shall be noted on the record if the subject of the search or his family flee or refuse to sign or affix their seal.
Section 6: Sealing and Seizure of Physical and Documentary Evidence
Article 141 :All kinds of assets or documents discovered during investigation activities that may be used to prove the suspects guilt or innocence shall be seized and sealed; assets and documents with no relation to the case must not be seized or sealed.
Assets or documents that are seized and sealed must be properly safeguarded or stored, and must not be used, exchanged or damaged.
Article 142:Assets or documents that are sealed or seized shall be clearly inventoried and listed listed in duplicate at the scene by witnesses or the person holding the assets or documents that are being seized and sealed; and the investigators, witnesses and person holding the items shall sign and seal the list, with one copy being given to the person holding the items and one copy being placed in the file for future reference.
Article 143:When investigators feel it is necessary to seize criminal suspects mail or telecommunications, they may notify the the postal and telecommunications organs to hand over the relevant mail and telecommunications for seizure.
When it is not necessary to continue the seizure, the postal and telecommunications organs should be notified without delay.
Article 144:People's procuratorates and public security organs may follow regulations to make inquiries into and freeze a criminal suspect's savings, remittances, bonds, stocks, shares in fund and other assets, as required by the case investigation. Relevant units and individuals shall cooperate.
Once frozen, a criminal suspect's savings, remittances, bonds, stocks, shares in funds and other assets must not be repeatedly frozen.
Article 145 :Within three days of clarification that they are unrelated to the case, sealed or seized property, mails and telegrams or frozen savings, remittances, bonds, stocks, shares in funds or other assets shall have the sealing, seizure or freezing withdrawn.
Section 7: Evaluations
Article 146:When it is necessary to resolve a few specialized problems in a case to ascertain the case circumstances, a person with expert knowledge shall be appointed or hired to perform an evaluation.
Article 147:After an evaluator performs an evaluation, he shall write out an assessment opinion and sign his name.
An evaluator who intentionally makes a false evaluation shall bear legal responsibility.
Article 148: Investigatory organs shall inform suspects and victims of evaluation opinions that will be used as evidence. If a suspect or victim submits a request, a supplementary evaluation or new evaluation may be done.
Article 149: The period spent conducting a psychiatric evaluation of the suspect is not included in the case handling period.
Section 8: Technical Investigation Measures
Article 150:After the public security organs file a case, they may use technical investigative measures, as necessary for the investigation, in cases of crimes that endanger national security, terrorist activities, mafia-type organization crimes, major drug crimes, or other crimes that seriously endanger society, upon having completed strict approval procedures.
After filing a case, upon completion of strict procedures, the people's procuratorates may adopt technical investigative measures to be carried out by the organ designated and as regulated, as necessary for the investigation of crimes of abuse of public office to violate citizen's rights in their person.
With approval, the necessary investigative measures may be employed for the pursuit of a fleeing suspect or defendant that has been declared wanted or is subject to an approved arrest decision.
Article 151:The approval decision shall be based on the needs of the criminal investigation, confirming the type of investigative measures to be employed and their target. The approval decision is effective for three months from the date on which it is signed and issued. Where it is not necessary to continue employing technical investigative measures, they shall be promptly ceased; where the period is completed in a complicated or challenging case and it is still necessary to continue employing technical investigative measures, the period may be extended upon approval, but each time must not exceed 3 months.
Article 152:Technical investigative measures must be carried out in strict accordance with the type, target and time limits set out in the approval.
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, information unrelated to the case that is acquired through the use of technical investigative measures must be promptly destroyed.
Materials gathered through the use of technical investigative measures can only be used in criminal investigation, prosecution and adjudication, and cannot be used for other purposes.
When public security organs adopt technical investigative measure, relevant workplaces and individuals shall cooperate and maintain the confidentiality of the relevant circumstances.
Article 153:Relevant persons may conceal their identity to carry out investigations with the permission of the responsible person at the public security organ when necessary to clarify case facts. However, 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.
For criminal activities involving trade in drugs or other prohibited substances and property, the public security organs may follow regulations to carry out controlled deliveries on the investigations needs.
Article 154:Materials gathered by through investigative measures in accordance with this section may be used as evidence in criminal prosecutions. If using this evidence might endanger relevant personnel's physical safety or might create other serious consequences, protective measures such as not revealing the relevant persons' identities, or technical methods shall be adopted, and when necessary, evidence may be verified by adjudicatory personnel outside of the court room.
Section 9: Wanted Notices
Article 155:If a criminal suspect that should be arrested flees, the public security organs may release a wanted notice and adopt effective measures to apprehend them and bring them to justice.
Public security organs at every level may directly release wanted orders within their geographic jurisdiction; for those extending beyond their geographic jurisdiction, they shall notify the public security organ at a level above which has the power to decide on and make the release.
Section 10: Concluding Investigations
Article 156:Post-arrest Investigative detention of suspects must not exceed 2 months. Where the circumstances are complicated, and the case cannot be concluded at the completion of the time period, it may be extended for one month on the approval of the people's procuratorate at the level above.
Article 157:When special circumstances make a particularly serious and complicated case unsuited for judgment for an extended period, the Supreme People's Procuratorate will report the situation to the standing committee of the National People's Congress for approval of an extension.
Article 158:The following cases may be extended by two months on the approval or decision of a provincial, autonomous region or directly-controlled municipality's people's procuratorate, when the time period in article 156 of this law is complete and the investigation cannot be concluded:
（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 159:Where suspects might be sentenced to a penalty of 10 years or more imprisonment, and the extended period provided in article 158 of this law is complete but the investigation can still not be closed, it may be again extended for 2 months upon an approval decision from the people's procuratorate at the provincial, autonomous region, or directly controlled municipality level.
Article 160:Where it is discovered during the investigation period that the suspect has committed other major offenses, follow article 156 of this law in restarting the period of investigatory detention from the date of discovery.
Where a suspect does not state his true name or address and his identity is unclear, an investigation into his identity shall be performed, and the period of investigative detention will be calculated from the day on which his identity is clarified, but the gathering of evidence on his crime must not cease. Where the facts of the crime are clear, and the evidence is credible and sufficient, but there is truly no way to discover their identity, he may be prosecuted and tried under the name he gives.
Article 161: If before the investigation is concluded the defense lawyer so requests, the investigating organ shall hear the lawyer's opinions and note them in the case. Where the defense lawyer submits written opinions, they shall be attached to the file.
Article 162:Cases where the public security organs' investigation is completed shall have the facts made clear, the evidence been found credible and sufficient, and that this is written in their prosecution opinion and sent to the peoples procuratorate at the same level, along with the case file materials and evidence, for review and decision; at the same time, the suspect and his defense lawyer shall be notified of the circumstances of the case.
Where criminal suspects voluntarily admit guilt, it shall be recorded in the cases, transferred with the case, and the opinion in support of prosecution is to indicate the relevant situation.
Article 163:Where it is discovered during the course of investigation that the criminal suspect should not be pursued for criminal responsibility, the case shall be withdrawn; suspects that are already arrested shall be immediately released and issued a proof of release, and the people's procuratorate originally approving the arrest shall be notified.
Section 11: Investigation of Cases Directly Accepted by the People's Procuratorate
Article 164:The provisions of this chapter apply to investigations in cases directly accepted by the people's procuratorates.
Article 165:In cases directly accepted by the people's procuratorates that meet the requirements of articles 81 and article 82 paragraphs 4 and 5,of this law, where arrest or taking the suspect into custody is necessary, the people's procuratorate shall issue the decision and the public security organs shall implement it.
Article 166:Persons taken into custody in a case directly accepted by the people's procuratorate shall be interrogated within 24 hours of having been taken into custody. When it is discovered that a person should not have been taken into custody, they must be immediately released and given a proof of release.
Article 167:When the people's procuratorate feels it is necessary to arrest a person taken into custody in a case it directly accepted, it shall issue a decision within 14 days. In special circumstances, the time for making an arrest decision may be extended 1 to three days. Those who do not need to be arrested shall be immediately released; if continued investigation is necessary and the requirements for release on guarantee pending further investigation or residential surveillance are met, they may be released on guarantee or put under residential surveillance.
Chapter 168:In cases where the people's procuratorate has completed an investigation, it shall issue a decision to prosecute, not prosecute or withdraw the case.
Chapter III: Initiating Prosecutions
Article 169 :All cases that require the initiation of a prosecution will be reviewed and decided upon by the people's procuratorate.
Article 170 :People's procuratorates are to carry out a review of cases transferred by the supervision organs, in accordance with this law and the Supervision Law. Where after examination, the people's procuratorate finds it is necessary to supplement or verify, it shall return it to the supervision organ for supplementary investigation, and, when necessary, may supplement the investigation on its own.
In cases transferred by the supervision organs, where they have already employed the measure of retention in custody, the people's procuratorates shall place the criminal suspect in advance custody and the retention in custody is automatically lifted. People's procuratorates shall make a decision on whether to arrest, release on guarantee, or employ residential surveillance within 10 days of taking someone into custody. In special circumstances, the time for making the decision may be extended 1 to 4 days. The period during which the people's procuratorate makes a decision on the use of compulsory measures is not calculated into the time limits for review for prosecution.
Article 171:When people's Procuratorate review cases, they must determine:
（1）Whether the facts and circumstances of the crime are clear, whether the evidence is reliable and sufficient, whether the class of crime and the charges are correct ；
（2）Whether or not there is any omitted criminal conduct or persons who should be prosecuted for criminal responsibility；
（3）whether or not it is a case that should not be pursued for criminal responsibility；
（4）Where there are any attached civil suits；
（5）whether investigative activities were lawful.
Article 172:People's procuratorates shall make a decision within one month on cases transferred by the supervision organs or public security organs for prosecution, in major or complicated cases, this may be extended by 15 days; and where the criminal suspects admit guilt and accept punishment, and meet the requirements for applying the expedited procedures, they shall make a decision within 10 days, and where the sentence might exceed 1 year of imprisonment, this may be extended to 15 days.
In cases reviewed for prosecution by the people's procuratorate where the jurisdiction is changed, the time limit for review is calculated from the day that the people's procuratorate receives the case after the change.
Article 173:People's procuratorates reviewing cases shall interrogate criminal suspects, hear the comments of the defender or duty lawyer, victims and their agents ad litem and record them in the case file. Written opinions provided by defenders or duty lawyers, victims and agents ad litem shall be attached to the case file.
Where criminal suspects admit guilt and accept punishment, the people's procuratorate shall inform them of the procedural rights they enjoy and the legal provisions on admitting guilt and accepting punishment; hear the comments of the defender or duty lawyer, victims and their agents ad litem on the following matters, and record them in the case file:
(1) the facts of the crime, the charge, and the legal provisions to be applied;
(2) Recommendations for lenient punishment, such as mitigation, commutation, or exemption from punishment;
(3) The procedures applied at trial following the admission of guilt and acceptance of punishment;
(4) Other matters on which opinions need to be heard.
Where people's procuratorates hear duty lawyers' opinions in accordance with the provisions of the two preceding paragraphs, facilitation shall be provided in advance for the duty lawyers learning about the circumstances related to the case.
Article 174 :Where criminal suspects voluntarily admit guilt, agree to the sentencing recommendation, and to the applicable procedures, a written plea affidavit shall be signed with the defender or duty lawyer present.
In any of the following circumstances, criminal suspects who admit guilt and accept punishment do not need to sign a plea affidavit:
(1) Where 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) Where a juvenile criminal suspect's legal representative or defender objects to the juvenile's admitting guilt and accepting punishment;
(3) Other situations where it is not necessary to sign a plea affidavit.
Article 175 :Peoples procuratorates reviewing cases may request the public security organs provide all evidence that the court needs for trial; where it is found that there might be a situation of illegal evidence gathering as provided for in article 56 of this law, it may be requested that they explain the legality of the evidence gathering.
People's procuratorates reviewing a case for which supplemental investigation is needed may send it back to the public security for supplementary investigation, and may also carry out an investigation themselves.
In supplementary investigation cases, the supplementary investigation shall be closed within one month. Only two supplementary investigations may be conducted. After the supplementary investigation is completed and transferred to the people's procuratorate, the people procuratorate time period for review starts anew.
Where the people's procuratorate still feels that the evidence is insufficient and does not meet the requirements for initiating a prosecution after two supplementary investigations, it shall issue a non-prosecution decision.
Article 176 :The people's procuratorate shall issue a decision to prosecute where it finds the facts of the suspect's crime are already clear, the evidence is credible and sufficient, and criminal liability should be pursued in accordance with law; a public prosecution shall be submitted to the people's court on the basis of trial jurisdication and the case file and evidence shall be sent to the court.
Where criminal suspects admit guilt and accept punishment, the people's procuratorates shall submit sentencing recommendations on the primary punishment, supplementary punishments, whether to give a suspended sentence, and so forth, and send the plea affidavit and other materials along with the case.
Article 177: Where there are no facts showing the suspects' crime or in any of the circumstances provided for in article 16 of this law, the people's procuratorate shall issue a non-prosecution decision.
Where the circumstances of the crime are slight and, in accordance with the Criminal Law ,it is not necessary to give a criminal penalty or a criminal penalty may be excused, the people's procuratorate may issue a non-prosecution decision.
In cases where the people's procuratorate decides not to prosecute, it shall, at the same time, release any property that it has sealed, seized or frozen. Where the person not being prosecuted needs to be given an administrative punishment and sanctions, or needs to have unlawful gains confiscated, the people's procuratorate shall submit a procruatatorial opinion and send it to be handled by the relevant organ. The relevant organ shall promptly notify the people's procuratorate of the outcome of the handling.
Article 178:Decisions to not prosecute shall be publicly announced and the decision shall be sent to the person not being prosecuted and their workplace. If the person not being prosecuted is detained, they shall be released immediately.
Article 179: Where the people's procuratorate decides not to prosecute a case transferred to it by a public security organ, it shall send the non-prosecution decision to the public security organ. When the public security organ feels that the decision not to prosecute was in error, it may request a reconsideration, if this opinion is not accepted, it may request a review from the people's procuratorate at the level above.
Article 180:In cases given a non-prosecution decision where there are victims, the people's procuratorate shall send the decision to the victims. If the victims are unsatisfied, they may appeal to the people's procuratorate at the level above within 7 days of receiving the decision documents and request a prosecution be initiated. The people's procuratorate shall inform the victim of its review decision. Where the people's procuratorate maintains its decision not to prosecute, the victims may file a prosecution in the people's court. The victims may also directly file a prosecution with the people's court without having appealed. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court.
Article 181:In cases where the people's procuratorate issues a decision not to prosecute under paragraph 2 of article 177 of this law, if the person not being prosecuted is unsatisfied, he may appeal to the people procuratorate within 7 days of receiving the decision. the people's procuratorate shall issue a review of the decision , notify the person not being prosecuted and send a copy to the public security organ at the same time.
Article 182:Where criminal suspects voluntarily and truthfully confess the facts of the crime they are suspected of, have major meritorious contribution or the case involves major national interests, then upon approval from the Supreme People's Procuratorate, the public security organs may withdraw the case, people's procuratorates may make a non-prosecution decision, and they may also may make a non-prosecution decision for one or more of the alleged crimes.
Where there is decision to not prosecute or a case is withdrawn in accordance with the preceding paragraph, the people's procuratorates and public security organs shall promptly address sealed, seized and frozen assets and their fruits.
Part 3: Trial
Chapter 1: Trial Organization
Article 183:Basic and intermediate level people's courts hearing first-instance trial of cases, shall have 3 trial adjudicators, or a combination of adjudicators and people's assessors totaling 3 or 7 people, form a collegial panel for trial, but cases in which the basic level courts apply summary procedures or expedited procedures may be heard by a single adjudicator.
In cases where the high people's courts hear the first-instance trial, 3-7 adjudicators, or a combination of adjudicators and people's assessors totaling 3 or 7 people shall for a collegiate panel for trial.
In cases where the Supreme People's Court hears the first-instance trial, 3-7 adjudicators shall form a collegiate panel for trial.
Courts hearing appeals and prosecutorial counter-appeals, will be heard by 3 or 5 adjudicators forming a collegial panel for trial.
The collegial panel should have an odd number of members.
Article 184:When the collegial panel deliberates, if there is a difference of opinions, the majority opinion shall be followed in issuing a decision, but the minority opinion shall be written in the record. The deliberation records shall be signed by the members of the collegial panel.
Article 185:After the collegial panel has tried the case and deliberated, it shall issue a judgment. For difficult, complicated or major cases, where the collegial panel finds it difficult to issue a decision, the collegial panel will request that the court president give it to the adjudication committee for discussion and decision. The collegial panel shall implement the adjudication committee's decision.
Chapter II: First-Instance Trial Procedure
Section 1: Public Prosecutions
Article 186:After performing review of a case submitted for public prosecution, the people's courts shall decide to try those that clearly state a criminal offense.
Article 187:After deciding to hear the case, people's courts shall confirm the members of the collegial panel, and send a copy of the people's procuratorates indictment to the defendant and his defender no later than 10 days before trial begins.
Before court is in session, adjudicators may bring together the prosecutors, parties, defenders and agents ad litem to understand learn about and hear opinions on trial issues such as recusal, the list of witnesses to appear in court and exclusion of evidence.
After the people's court has confirmed the date it shall notify the people's procuratorate of the time and place for trial, summon parties, notify the parties, agents ad litem, witnesses, evaluators and translators; summonses and notices should be delivered no later than three days before the opening of trial. In cases where the trial will be public, the cause of action, the defendant's name and the time and place of the trial shall be publicly announced 3 days before trial.
The circumstances of the above activities shall be written into the record and the adjudicators and clerks shall sign it.
Article 188:First-instance trials in the people's courts shall be tried publicly. However, cases involving state secrets or private personal information shall not be tried publicly; cases that involve commercial secrets may have close trials if a party so applies.
Cases where the trial is close shall have the reason for the trial being closed announced in court.
Article 189:When people's courts hear public prosecutions, the people procuratorates shall appoint someone to appear in court and support the prosecution.
Article 190:When court opens session, the presiding judge will verify if the parties have appeared and announce the cause of action and announce the names of the collegial panel members, clerks, prosecutors, defenders, agents ad litem, evaluators and translators; he shall inform the parties that they have the right to apply for the recusal of collegial panel members, clerks, evaluators and translators, and inform the defendant he has the right to a defense.
Where defendants admit guilt and accept punishment, the chief judge shall inform the defendant of the procedural rights they enjoy and the legal provisions on admitting guilt and accepting punishment; and review the voluntariness of the admission of guilt and acceptance of punishment and the truthfulness and lawfulness of the written plea affidavit.
Article 191: After the prosecutors have read the indictment in court, the defendant and victims may make statements regarding the alleged crimes, and the prosecutors may interrogate the defendant.
Victims, plaintiffs in attached civil suits, defenders and agents ad litem may pose questions to the accused with the permission of the presiding judge.
Adjudicators may interrogate the defendant.
Article 192:Where prosecutors, parties, defenders or agents ad litem object to a witness's testimony that has a major bearing on the case verdict or sentencing and the people's courts find that it is necessary for them to testify in court, the witness shall appear in court to testify.
The preceding paragraph applies to people's police appearing in court to testify on criminal circumstances they personally witnessed while carrying out their professional duties.
Where prosecutors, parties, defenders, or agents ad litem object to evaluation opinions and the people's courts find that evaluators need to appear in court, the evaluators shall appear in court to testify. Where upon notice from the people's court, evaluators refuse to appear in court to testify, the evaluation opinion must not be the basis of the verdict.
Article 193:Where upon notice by the people's court, witnesses do not appear in court to testify without a legitimate reason, the people's court may compel their appearance, with the exception of the defendant's spouse, parents and children.
Witnesses refusing to appear in court or refusing to testify when appearing, with no legitimate reason, will be admonished and where the circumstances are serious, may be taken into custody for up to 10 days with the court presidents' permission. If the person being punished is dissatisfied with the decision to take him into custody, he may apply for a reconsideration to the people's court at the level above. Implementation does not stop during the period of reconsideration.
Article 194:Adjudicators shall inform testifying witnesses that they should provide testimony truthfully and that those intentionally giving false testimony or concealing a crime will bear criminal responsibility. Prosecutors, parties, defenders, and agents ad litem may question witnesses and evaluators with the permission of the chief judge. When the chief judge feels that the content of the questioning is irrelevant to the case, he shall stop it.
Adjudicators may question witnesses and evaluators.
Article 195:Public prosecutors and defenders shall present physical evidence to the court, have the parties make identifications, and should read aloud in court the testimony of witness's not appearing, the investigation records and other documents serving as evidence. Adjudicators shall hear the opinions of the prosecutor and parties and defenders and agents ad litem.
Article 196:Where in the course of courtroom trial the collegial panel has doubts about the evidence, an adjournment of court may announced to carry out an investigation and verification.
People's Court's investigating and verifying evidence, may carry out inquests, inspections, sealing of property, seizures, evaluations, queries, and freezing of assets.
Article 197:During the course of courtroom trial activity, the parties, defenders and agents ad litem have the right to apply to the court to have new witnesses notified to appear, to have new physical evidence collected, or to apply for a new evaluation or inquisition.
Public prosecutors, parties and defenders or agents ad litem may apply to the court to notify persons with expert knowledge to appear in court and put forward opinions on expert evaluators' evaluations.
The court shall issue a decision on whether or not it consents to the above requests.
The relavant provisions for evaluators apply to appearances in court by people with specialized knowledge provided for in the second clause.
Article 198:All evidence and matters related to conviction and sentencing shall be investigated and debated during the course of trial at court.
With the permission of the court, the prosecutor, parties, defender and agents ad litem may comment on the evidence and case situation as well as debating each other.
After the presiding judge announces that debate has concluded, the defendant has the right to make a final statement.
Article 199:In the course of trial at court, if participants to the proceedings or observers violate courtroom order, the chief judge shall warn them to stop. Those that do not comply with the warning may be compelled to leave the courtroom and, if the circumstances are serious, fined not more than 1000 yuan or taken into custody for not more than 15 days. These fines and custody must be approved by the court president. Where the person punished is not satisfied with the decision to fine him or take him into custody, they may request reconsideration from the people's court at the level above. Implementation does not stop during the period of reconsideration.
Criminal responsibility should be pursued for assembling crowds to create a commotion or rush the courtroom; insulting, defaming, threatening or attacking judicial personnel or litigation participants; and serious disruptions of courtroom order; if they constitute a crime.
Article 200:After the defendants final statement, the presiding judge shall adjourn court and the collegial panel shall commence deliberations and make one of the following judgments on the basis of the ascertained facts, evidence and relevant legal provisions:
（1) A guilty ruling shall be issued where the facts of the case are clear, the evidence is reliable and sufficient, and the defendant is verified as guilty in accordance with law.
（2）A not-guilty ruling shall be issued for a defendant verified as not-guilty on the basis of laws；
（3）A ruling of not-guilty as the alleged crime could not be established due to insufficient evidence shall be issued where the evidence is insufficient to verify that the defendant is guilty.
Article 201: When the people's court lawfully makes a judgment in a plea case, the charges and sentencing recommendation of the people's procuratorate are usually adopted, except in the following circumstances:
(1) The defendant has not constituted a crime or should not be pursued for criminal responsibility;
(2) The defendant admitted guilt and accepted punishment against his wishes;
(3) The defendant denies the alleged facts of the crime;
(4) The charge in the indictment and the charge verified at trial are not the same;
(5) Other situations that might impact the fairness of trial.
Where through trial people's courts find that the sentencing recommendation is clearly improper, or where the defendant or defender raises objections to the sentencing recommendation, people's procuratorate may adjust its sentencing recommendation. Where the people's procuratorate does not adjust the sentencing recommendation, or where after adjusting the sentencing recommendation it is still clearly improper, the people's court shall make a judgment in accordance with law.
Article 202:Verdict announcements are all to be conducted publicly.
Where judgments are announced in court, the written judgement shall be sent to the parties and the procuratorate that raised the prosecution within 5 days, for judgments released at a set time, the written judgment shall be immediately sent to the parties and the procuratorate that raised the prosecution. The written judgments shall be sent to the defender or agent ad litem at the same time.
Article 203:Written judgments should be signed by the adjudicators and clerks, and further state the time limits for appeal and the court of appeals.
Article 204:Where any of the following are encountered in the course of trial at court, so as to influence the progress of trial, the trial period may be extended:
(1) It is necessary to notify new witnesses to appear in court , to collect new physical evidence, or the hold a new appraisal or inquisition.
(2) Procurators discover that a case raised for prosecution requires supplementary investigation and make a suggestion.
(3) Trial cannot be conducted because of an application for recusal.
Article 205: 依照本法第二百零四条第二项的规定延期审理的案件，人民检察院应当在一个月以内补充侦查完毕。
Article 206:Where any of the following circumstances occur during the course of trial, making it impossible to continue the trial of the case for a relatively long time, the proceedings may be suspended:
(1) the defendant has a serious illness and is unable to appear in court;
(2) the defendant has fled
(3) a private prosecutor has contracted a serious illness, is unable to appear in court and has not retained an agent ad litem to appear in court;
(4) due to reasons that cannot be controlled.
Trial should be resumed when the reasons for the suspension have disappeared. The period of suspension is not calculated into the time for trial.
Article 207:All courtroom trial activities shall be written into a record by the court reported and upon review by the chief judge, signed by the chief judge and the court reporter.
The portion of the court record on witness's testimony shall be read aloud in court or given to the witness to read. After witnesses concede that there are no mistakes, they shall sign their name or affix their seal.
The court record shall be given to the parties or read out to them. Where a party feels that the record has omissions or errors, he may request supplementation or correction. After a party concedes there are no mistakes he shall sign it or affix his seal.
Article 208:People's courts trying public prosecutions shall announce a verdict within 2 months of accepting the case, and may not exceed 3 months at the latest. Upon authorization by the court above, cases where the death penalty might be issued or attached civil litigation, as well as those that have any of the circumstances provided for in article 158 of this law, may be extended by three months; where special circumstances require further extensions, the circumstance is reported to the Supreme People's Court for approval.
In cases where the people's courts have changed jurisdiction, the trfial period begins counting from the day on which the people's court receives the case after jurisdiction has been changed.
In cases where the people's procuratorate supplements investigation, after the supplemental investigation is complete and sent to the people's court, the people's court newly calculates the trial period.
Article 209:People's procuratorates discovering that a court trial of a case violates the procedures provided by law, have the right to issue a corrective opinion to the court.
Section 2: Private Prosecutions
Article 210: Private prosecutions include the following:
(1) cases that require a complaint before they are handled;
(2) the victim has evidence to prove a minor criminal case.
(3) Cases where the victim has evidence proving that the defendant's conduct in violation of his personnel or property rights should be pursued for criminal responsibility, but the public security organs of people procuratorate do not seek the the defendant's criminal responsibility.
Article 211:After people's courts conduct a review of private prosecution cases, they are handled according to the following discrete circumstances:
(1) Cases where the facts of the crime are clear and there is sufficient evidence shall be tried in court.
(2) If in a case where there is a shortage of evidence and the private prosecutor proposes not supplementing the evidence, the private prosecutor shall be persuaded to withdraw the case or it is judged rejected.
Where the private prosecutor has been summoned twice in accordance with law but refuses to appear in court without a legitimate explanation or abandons the cases half-way without the court's permission is handled as a withdrawal of the case.
Where in the course of courtroom trial, adjudicatory personnel have doubts about the evidence and need to investigate for verification, apply the provisions of 196 of this law.
Article 212:People's courts may mediate private prosecution cases; before the judgment is announced, the private prosecutor may himself settle with the defendant or withdraw the case. Mediation is not to be applied in cases provided for in article 210, item 3 of this law.
The trial period for private prosecutions in the people's courts where the defendant is detained applies article 208, clauses 1 and 2 of this law, where the defendant is not incarcerated, the verdict shall be announced within 6 months of accepting the case.
Article 213:The defendant in a private prosecutions may raise a counter-claim against the private prosecutor during the course of a private prosecution. Counter-claims apply the provisions for private prosecutions.
Section 3: Summary Procedures
Article 214:Cases for which the basic level people's courts have jurisdiction, that meet the following requirements, may apply the summary procedures for trial:
(1) the case facts are clear and the evidence sufficient;
(2) the defendant admits his crimes and has no objections to the alleged criminal facts.
(3) The defendant has no objection to applying the summary procedures.
When the people's procuratorate raises a prosecution, it may suggest that the people's court apply the summary procedures.
Article 215:Summary procedures are not applied in any of the following situations:
(1) The defendant is a blind, deaf or mute person or a mentally ill person who has not completely lost his ability to recognize and control his conduct;
(2) There is major social significance;
(3) In a joint criminal case, some of the defendants pleaded not guilty, or object to the use of summary procedures
(4) Other cases where use of summary procedures is inappropriate.
Article 216:In cases applying the summary procedures at trial where the punishment might be three years or less imprisonment, a collegial panel may be formed or a single adjudicator may try the case alone; for those where the punishment might exceed three years imprisonment, a collegial panel should be formed for trial.
In public prosecutions applying the summary procedures at trial, the people's procuratorate shall send someone to appear in court.
Article 217:In cases applying the summary procedures at trial, adjudicators should ask the defendants for their comments on the charges, inform the defendants of the legal provisions on applying the summary procedures, and confirm whether the defendants consent to applying the summary procedures.
Article 218:In cases applying the summary procedures and with the adjudicators permission, the defendants and their defenders may debate public and private prosecutors as well as their agents ad litem.
Article 219:Cases applying the summary procedures at trial do not follow section 1 of this chapter's time restrictions on delivery, interrogating defendants, questioning witnesses and expert evaluators, presenting evidence and courtroom debate procedures. However, before the announcement of the verdict, the defendants final statement and comments should be heard.
Article 220:In cases applying the summary procedures at trial, people's courts shall complete trial within 20 days of accepting the case; in cases where there might be a sentence of more than 3 years imprisonment, this may be extended to a month and a half.
Article 221:Where peoples courts discover in the course of trial that it is unsuitable for applying the summary procedures, they shall newly try the case in accordance with the provisions of section 1 or section 2 of this chapter.
Section 4: Expedited Procedures
Article 222:In cases within the jurisdiction of basic level people's courts that might have a sentence of up to 3 years fixed-term imprisonment, where the case facts are clear and the evidence is credible and sufficient, and the defendant admits guilt and accepts punishment and agrees to use the expedited procedures, the expedited procedures may be applied, and trial will be by a single adjudicator.
When the people's procuratorate initiates a prosecution, it may suggest that the people's court apply the expedited procedures.
Article 223:The expedited procedures are not to be applied in any of the following circumstances:
(1) The defendant is a blind, deaf or mute person or a mentally ill person who has not completely lost his ability to recognize and control his conduct;
(2) The defendant is a juvenile;
(3) Where the case has a major social impact;
(4) Where in a joint crime some of the defendants have objections to the alleged facts of the crime, charges, sentencing recommendation, or use of the expedited procedures;
(5) Where the defendant and victims, or their legally-designated representatives, have not reached a mediation or settlement agreement on compensation for attached civil litigation;
(6) other circumstances where the expedited procedures should not be applied at trial.
Article 224:Cases applying the expedited procedures are not subject to the time limits for service in Section 1 of this Chapter, court investigation or courtroom debate are usually not carried out; but before the verdict is announced, the defenders' opinions and the defendants' final statement and opinions shall be heard.
Cases applying the expedited procedures at trial shall have the verdict announced at court.
Article 225: In cases applying expedited procedures at trial, people's courts shall complete trial within 10 days of accepting them； an extension to 15 days may be given where a sentence of more than 1 year imprisonment might be given.
Article 226:Where people's courts discover in the course of trial that defendants conduct does not constitute a crime or should not be pursued for criminal responsibility, that they admitted guilt and accepted punishment against their will, that the defendant denies the alleged facts of the crime, or that there are other circumstances making application of the expedited procedures innapropriate, a new trial shall be held in accordance with Section 1 or Section 3 of this Chapter.
Chapter III: Second-Instance Trial Procedures
Article 227:Defendants, private prosecutors and their legally-designated representatives have the right to appeal to the court above, either in writing or orally, if not accepting a judgment or ruling from a local court of any level. The defendant's defender and close relatives may raise an appeal with the defendant's consent.
The parties to attached civil lawsuits and their legally-designated representatives may raise an appeal to the portion of first instance verdicts and judgments related to the attached civil litigation.
The defendants right to an appeal must not be withheld for any reason at all.
Article 228:When local people's procuratorates of any level find that the ruling or judgment of a people's court at their level is truly in error, they shall raise a prosecutorial counter-appeal to the people's court at the level above.
Article 229:Where a victim or his legally-designated representative is unpersuaded by the first-instance court's judgment, they have the right to request, within five days of receiving the judgment, that the people's procuratorate raise a prosecutorial counter-appeal. Within 5 days of receiving a victim's or their legal representatives' request, the people's procuratorate shall reply to the requesting persons as to whether or not it will raise a prosecutorial counter-appeal.
Article 230:The period for appeals or prosecutorial counter-appeals from judgments is 10 days, the period for appeals or prosecutorial counter-appeals from rulings is 5 days, with calculations beginning from the day after the judgment or ruling is received.
Article 231:Where defendants, private prosecutors, and plaintiffs or defendants to attached civil lawsuits submit an appeal through the original people's court, the original people's court shall send the appeals complaint, together with the case file and evidence, to the people's court at the level above within 3 days, and at the same time send copies of the appeals complaint to the people's procuratorate at the same level and the opposing party.
Where defendants, private prosecutors, and plaintiffs or defendants to attached civil lawsuits submit an appeal directly to the second-instance people's court, the second-instance people's court shall, within 3 days, send the appeals complaint to the original people's court to send to the people's procuratorate at the same level and the opposing party,
Article 232:Prosecutorial counter-appeals by local people's procuratorates of all levels against judgments or rulings of people's courts at the same level shall submit the appeals complaint through the original people's court, and also send a copy to the people's procuratorate at the level above. The original people's court shall send the appeals complaint, together with the case file and evidence, to the people's court at the level above, and send a copy of the appeals complaint to the parties.
It the people's procuratorate at the level above finds that the prosecutorial counter-appeal is improper, it may withdraw the counter-appeal at the people's court of the same level, and notify the people's procuratorate at the level below.
Article 233:The second-instance people's court shall carry out a comprehensive review of the facts found by the first-instance people's court and the law it applied, unrestricted by the scope of the appeal or prosecutorial counter-appeal.
Where in a joint crime only some of the defendants appeal, the entire case should be reviewed and handled together.
Article 234:Courts of second instance shall form a collegial panel and hold a court session in the following cases:
(1) Cases where the defendant, private prosecutor, or their legal representatives raise objections to the verified facts or evidence from the first-instance trial that might influence judgment or sentencing;
(2) Appeals in cases where the defendant has been sentenced to death;
(3) Cases in which the people's procuratorate is counter-appealing;
(4) Other cases that should be tried in a court session.
Where second-instance people's courts decide not to hold in-court trial proceedings, they shall interrogate the defendant and hear the comments of other parties, defenders or agents ad litem.
In appeals or counter-appeal cases where a second-instance people's court holds in-court proceedings, it may do so at the place where the crime occurred or at the location of the original people's court.
Article 235:In cases where people's procuratorates raise a prosecutorial counter-appeal or in second-instance public prosecution cases where the court is holding in-court proceedings, the people's procuratorate at the same level shall appoint personnel to appear in court. After the second-instance people's court decides to hold in-court proceedings, it shall promptly notify the people's procuratorate to read the case file. The people's procuratorate shall complete its reading within one month. The time for the people's procuratorate to read the case file is not calculated in the time limits for trial.
Article 236:In cases of appeals or prosecutorial counter-appeals against the first-instance court's judgment, the second-instance court reach a disposition in accordance with the following distinct situations, after trial:
(1) Where the facts verified and law applied in the original judgment are correct and the sentence is proper, the appeal or prosecutorial counter-appeal shall be rejected and the original judgment maintained;
(2) Where the facts verified in the original judgment are not in error, but the law was applied incorrectly or the sentence is improper, the judgment shall be changed;
(3) Where the facts in the original judgment are unclear or the evidence insufficient, the judgment may be changed after clarifying the facts; it may also be ruled to revoke the original judgment and remand to the original people's court for new trial.
Where, after the original people's court has made a judgment following a remand for new trial as provided by item (3) above, a defendant raises an appeal or a people's procuratorate raises a prosecutorial appeal, the second-instance court shall make a judgment or ruling in accordance with law and must not again remand for new trial at the original people's court.
Article 237:Second-instance people's courts hearing appeals by the defendant or his legally-designated representative, defender or close relatives, must not increase the defendant's penalty. In cases where the second-instance people's court remands to the original people's court for new trial, unless there are new criminal facts and the people's procuratorate has supplemented the indictment, the original people's court also must not increase the defendant's penalty.
Where the peoples procuratorate raises a prosecutorial counter appeal or a private prosecutor appeals, the restrictions of the previous clause do not apply.
Article 238:Second-instance people's courts discovering any of the following violations of legal procedures by the first-instance people's court at trial shall rule to revoke the original judgment and remand for new trial at the original people's court.
(1) violates this laws provisions on open trials ;
(2) violates the recusal system；
(3) Takes away or limits a party's litigation rights and might impact trial fairness ;
(4) the composition of the trial organization was unlawful ;
(5) Other violations of statutory litigation procedures that might influence trial fairness.
Article 239:In cases where the original court is holding a new trial on remand, it shall separately assemble a collegial panel and follow the first-instance procedures in tying the case. Judgments after new trial may be appealed or subject to prosecutorial appeal following the provisions of articles 227, 228 and 229 of this law.
Article 240:Second-instance courts, upon review of an appeal or prosecutorial appeal from a first-instance ruling, shall follow articles 236, 238 and 239 of this law to respectively rule to reject the appeal or prosecutorial appeal, or to revoke or modify the original ruling.
Article 241:In cases where the second-instance people's courts remands to the original people's court for retrial, the trial period will restart on the date on which the original people's court receives the remand.
Article 242:Except as provided by this chapter, the procedures for second-instance people's courts hearing appeals cases or prosecutorial appeals are conducted following the first-instance trial procedures.
Article 243:Second-instance people's courts accepting appeals or prosecutorial appeals shall complete trial within two months. This may be extended for two months in cases where a death sentence might be given or where there are attached civil lawsuits, as well as in any of the situations provided for in article 158 of this law, upon approval or decision of a high people's court of a province, autonomous region or directly governed municipality; where special situations require an extension, report to the Supreme People's Court for approval.
The period for the Supreme People's Court's handling of appeals and prosecutorial appeals that it accepts is determined by the Supreme People's Court.
Article 244:Second-instance judgments and rulings, and judgments or rulings of the Supreme People's Court are final.
Article 245:Public security organs, people's procuratorates's and people's courts shall properly safekeep suspects or defendants' property and its fruits which have been sealed, seized or frozen, checking it and making an inventory and transferring it along with the case. No unit or individual shall be allowed to misappropriate it or personally dispose of it. Lawful property of the victim shall be promptly returned. Prohibited items or items not suitable for long-term storage shall be handled in accordance with relevant national provisions.
Objects that will be used as evidence shall be transferred along with the case, where items are not suitable for transfer, transfer an inventory, photo or other certificates of proof.
Judgments made by the people's courts shall address sealed, seized and frozen assets and their fruits.
After people's courts' judgments take effect, the relevant organs shall immediately dispose of the sealed, seized or frozen assets and their fruits in accordance with the judgment. Except for those lawfully returned to the victims, criminal proceeds and their fruits which have been sealed, seized or frozen, shall all be transferred to the national treasury.
Judicial personnel who embezzle, misappropriate or without authroization disposes of property that has been sealed , seized or frozen, or its fruits, shall be pursued for criminal liability in accordance with the law; where it does not constitute a crime , they are given sanctions
Chapter IV: Death Penalty Review Procedures
Article 246:The death penalty is reviewed and approved by the Supreme People's Court.
Article 247: After review, the high courts shall report a case where an intermediate court has issued a sentence of death in the first-instance trial and the defendant has not appealed, to the Supreme People's Court for review and approval. The Supreme People's Court may hear or remand a case for new trial if it does not agree with the death sentence.
First-instance cases in which the high court has issued a sentence of death and the defendant has not appealed or second-instance cases where a death sentence was given shall all be reported to the Supreme People's Court for review and approval.
Article 248:Death sentences with a two year suspension given by the intermediate courts are to be reviewed and approved by the high courts.
Article 249:In cases where the Supreme People's Court reviews a death sentence or high courts review a suspended death sentence, a collegial panel comprised of three adjudicators shall perform the review.
Article 250:In cases where the Supreme People's Court reviews a death sentence, it shall issue a ruling authorizing or not authorizing the death penalty. The Supreme People's Court may return a case for retrial de novo or modify the judgment in cases where it does not authorize the death penalty.
Article 251:The Supreme People's Court shall interrogate the defendant in cases where it is reviewing a death sentence, and hear the defense lawyer's opinions where the defense lawyer has so requested.
The Supreme People's Procuratorate may submit opinions to the Supreme People's Court during the course of reviewing the death sentence. The Supreme People's Court shall give notice to the Supreme People's Procuratorate of the results of its death penalty review.
Chapter V: Trial Supervision Procedures
Article 252:Parties or their legally-designated representatives and close representatives may raise an appeal to a people's court against a judgment or ruling that has already taken effect, but cannot stop the enforcement of the judgment or ruling.
Article 253:Where parties and their legally-designated representatives or close family member's application meets any of the following circumstances, the people's court shall hold a new trial:
(1) There is new evidence showing that the facts verified in the original judgment or ruling were truly in error, which might influence conviction or sentencing determinations;
(2) Where the evidence on which sentencing was based is not credible, is insufficient or should be excluded in accordance with law; or the principle evidence by which the case was proven is mutually contradictory;
(3) Where the law applied by the original judgment or ruling is truly in error;
(4) Where violations of statutory litigation procedures might influence the fairness of the judgment;
(5) Where, at the time that adjudicators tried the case, there was corrupt, prejudicial or arbitrary conduct.
Article 254:If the president of any level of people's court finds that there was an error of face or application of law in any effective judgement from that court, he must submit it to the adjudication committee for handling.
If the Supreme People's Court finds that an effective judgment of any level of court is truly in error, or a court finds that a court below's effective judgment was truly in error, they have the right to review it or order the lower people's court to have a retrial.
If the Supreme People's Procuratorate finds that an effective judgment of any level of people's court is truly in error, or a procuratorate finds that a court at a level below's effective judgment was truly in error, they have the right raise an appeal in the people's court at their same level in accordance with trial supervision procedures.
In cases of prosecurotrial appeals from the people's procuratorates, the people's court that accepts the appeal shall form a collegial panel to retry the case, and where the original trial's facts were unclear or evidence insufficient, may order a lower people's court to retry it.
Article 255:Where a higher people's court orders a people's court below to hold a retrial, it shall order a lower court other than the original people's court to hear the case; where it would be more appropriate for the original people's court to retry it, they may also order the original people's court to do so.
Article 256:In cases where the people's courts follow the judgment oversight procedures to hold a new trial, where the original people's court is holding trial, it shall form a separate collegial panel. If it was originally a first-instance case, trial shall be conducted according to first-instance procedures, and all judgments or rulings made may be appealled or subject to prosecutorial appeals; if it was originally a second-instance case, or a case heard by a people's court above, trial shall be conducted according to second-instance procedures and all judgments or rulings made are final judgments or rulings.
In retrials where the people's court will hold in-court proceedings, the people's procuratorate at the same level shall appoint personal to appear in court.
Article 257:In cases being retried by the people's courts where it is necessary to adopt compulsory measures against the defendant, the decision is made by the people's court in accordance with law; in retrial cases where the people's procuratorate has submitted a prosecutorial appeal where it is necessary to adopt compulsory measures against the defendant, the decision is made by the people's procuratorate.
In cases where the people's courts follow trial supervision procedures, it may be decided to suspend enforcement of the original judgment or ruling.
Article 258:In cases where the people's courts follow trial supervision procedures to hold a new trial, trial shall be completed within three months of the arraignment or new trial decision, where necessary the time limit may be extended, but must not exceed six months.
The provisions of the preceding paragraph shall apply to the time limit for the trial of a prosecutorial appeals case that is accepted by a People's Court and is to be tried by it in accordance with the trial supervision procedures. Where it is necessary to direct a people's court at a lower level to retry the case, that decision shall be made within one month of receiving the prosecutorial appeal and the lower people's court shall apply the preceding for trial time limits.
Part 4: Enforcement
Article 259:Judgments and orders shall be carried out after becoming legally effective.
The following judgments and orders are legally effective:
(1) judgments or rulings for which the statutory period has ended without an appeal or prosecutorial counter-appeal；
(2) Final judgments or rulings ;
(3) Death sentence judgments review and authorized by the Supreme People's Court and suspended death sentence judgments reviewed and authorized by the high courts.
Article 260:Where the first-instance people's courts rules that the defendant is not-guilty or may be excused from criminal penalties, if the defendant is being detained, he shall be released immediately following the pronouncement.
Article 261:Judgments by the Supreme People's Court giving or review and approving a death sentence for immediate execution shall have the President of the Supreme People's Court sign an execution order.
Where convicts sentenced to death with a two year suspended sentence do not commit another intentional crime within the suspension period, the sentence shall be commuted; and the enforcement organ will submit a written opinion reporting to the High People's Court for a ruling; if an intentional crime is committed, and the circumstances are heinous, and it is verified, the death sentence shall be enforced, and the High People's Court shall report to the Supreme People's Court for final review; and there is an intentional crime but the execution is not carried out, the period of suspending the death sentence is to be newly calculated, and this is to be reported to the Supreme People's Court for recording.
Article 262:After a lower people's court receives an execution order from the Supreme People's Court, it shall make make delivery for enforcement within seven days. However, in any of the following circumstances, enforcement shall be stopped and a report immediately made to the Supreme People's Court, and the Supreme People's Court will make a ruling:
（1）Before enforcement, it is discovered that the judgment is in error；
(2) Before enforcement the convict discloses major criminal facts or make other meritorious services so that it might be necessary to change the judgment;
（3）The convict is currently pregnant.
After the reason for stopping enforcement in items (1) and (2) has disappeared, a report must be made to the Supreme People's Court requesting the president sign an execution order before it enforcement; where enforcement is stopped due to item (3), it shall be reported to the Supreme People's Court for a change of judgment.
Article 263:Before a people's court transfers a prisoner for execution, it shall notify the people's procuratorate at the same level to appoint someone for on-scene supervision.
Death sentences are carried out by methods such as shooting or lethal injection.
Death sentences may be carried out an execution grounds or inside a designated detention area.
Adjudicatory personnel directing the enforcement shall verify the identify of the convict, ask it they have any final words, and then hand them over for enforcement of the death penalty. If before the execution it is discovered that there may be an error, enforcement shall be temporarily stopped and the circumstances reported to the Supreme People's Court for a ruling.
Executions shall be publicly announced, but publicly displayed.
After an execution, a record shall be made by the clerks at the scene. The people's court receiving a prisoner for implementation of the death penalty shall report the conditions of the execution to the Supreme People's Court.
After the death penalty has been carried out, the enforcing court shall notify the criminal's family.
Article 264:When convicts are transferred for enforcement of their penalty, the people's court delivering them shall send the relevant legal documents to the public security organ, prison or other enforcement organ within 10 of the judgment taking effect.
Convicts who have been sentenced to a death sentence with two year suspension, indefinite imprisonment or fixed-term imprisonment, are brought to the prison for enforcement of their penalty by the public security organ. 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. For convicts sentenced to short-term detention, the public security will enforce it.
Juvenile offenders shall be have their penalties enforced in a juvenile correctional facility.
Enforcement organs shall promptly detain the convict and notify his family.
Convict sentence to a fixed-term imprisonment or short-term detention whose period of enforcement is completed shall be given a written proof of release by the enforcement organ.
Article 265:In any of the following circumstances, convicts sentenced to a fixed-term imprisonment or short-term detention, 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.
Those given indefinite imprisonment who have the circumstance in item (2) above, may temporarily serve their sentence outside of prison.
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.
Prior to being delivered for enforcement, temporary enforcement outside of prison is determined by the people's court delivering [a convict] for enforcement; after delivery for enforcement, temporary enforcement outside of prison is determined by the prison or detention center submitting a written opinion for approval to a prison management organ at the provincial level or above or a level one or higher municipal public security organ in the community.
Article 266:Prisons and detention centers submitting written opinions on temporary enforcement outside of prison shall sent a copy of the written opinion to the people's procuratorate. The people's procuratorate may submit written comments to the deciding or approving organ.
Article 267:An organ deciding on or approving temporary enforcement outside of prison shall send a copy of the decision to the people's procuratorate. Where the people's procuratorate feels that temporary enforcement outside of prison is improper, it shall submit written comments to the organ that decided on or approved it within one month of receiving notification. After the organ that made the decision or approval receives the people's procuratorate's written comments, it shall immediately confuct a new review of that decision.
Article 268:In any of the following conditions, criminals temporarily serving their sentence outside of prison shall be promptly returned to prison:
（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.
Where a people's procuratorate decides that a convict temporarily serving a sentence outside of prison shall be taken into prison, the people's court make a decision and sends the relevant legal documents to the public security organ , prison or other enforcement organ.
Where convicts who are not eligible for temporary enforcement of their sentence outside of prison, but through bribery or other illegal means are serving their sentence outside of prison, the period served outside of prison is not counted against the term of their sentence. Where convicts escape or flee during the period of temporary serving their sentence outside of prison, the period where they are at large is not counted against the term of their sentence.
Where a convict dies during a period or temporary enforcement outside of prison, the enforcement organ shall promptly notify the prison or detention center.
Article 269:The community corrections organizations are responsible for implementation of community corrections carried out in accordance with law for convicts sentenced to controlled release, declared under a suspended sentence, paroled or temporary serving their sentence outside of prison.
Article 270:The public security organs will enforce deprivation of political rights against convicts sentenced to it. When the period for enforcement is complete, the enforcement organ shall notify the person in writing and also his work-unity, and base-level residential organization.
Article 271:The community corrections organizations are responsible for implementation of community corrections carried out in accordance with law for convicts sentenced to controlled release, declared under a suspended sentence, paroled or temporary serving their sentence outside of prison.
Article 272:Decisions to confiscate property, regardless of whether applied as a supplement or alone, are all enforced by the people's courts; when necessary, they may be enforced together with the public security organs.
Article 273:Where a convict commits another crime while serving his sentence, or where criminal conduct that was undiscovered at the judgment is discovered, the enforcement organ will transfer it to the people's procuratorate for handling.
When convicts sentenced to controlled release, short-term detention, a fixed prison term or indefinite imprisonment truly repent and reform or perform a meritorious service during the period of enforcement, shall be given commutation or parole, the enforcement organ submits a written recommendation and sends a copy of the written recommendation to the people's procuratorate. People's procuratorates may submit written comments to the people's court.
Article 274:People's procuratorates finding that a people's court commutation or parole decision is in error shall submit a written corrective opinion to the people's court within 20 days of receiving a copy of the written ruling. People's courts shall newly form a collegial panel to conduct trial within one month of receiving a corrective opinion, and make a final ruling.
Article 275:If during the course of enforcing a criminal penalty, prisons or other enforcement 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.
Article 276:People's procuratorates supervise whether the enforcement of criminal penalties by enforcement organs is lawful. In unlawful circumstances are discovered, the enforcement organ shall be notified to make corrections.
Part 5: Special Procedures
Chapter I: Procedures for Juvenile Criminal Cases
Article 277:Implement the directive of education, reform and rescue for juveniles committing crimes, and adhere to the principal of education first with punishment as a supplement.
People's courts, people's procuratorates and public security organs handling juvenile criminal cases shall ensure the juvenile's exercise of his rights and ensure that the juvenile receives legal assistance, as well as having trial, procuratorate, and investigation personnel familiar with the special traits of juveniles undertake the case.
Article 278:Where juvenile criminal suspects and defendants that have not retained a defender, the people courts, people's procuratorates and public security organ shall notify the legal aid organization to appoint a lawyer to provide a defense.
Article 279:Public security organs, people's procuratorates and people's courts handling juvenile criminal cases, may investigate the circumstances of the juvenile suspect or defendant's upbringing, the reasons for the offense, the suspect's supervision and educational conditions, and other relevant circumstances.
Article 280:Application of arrest measures to juvenile suspects and defendants shall be strictly limited. People's procuratorates reviewing for approval of arrest, and people's courts deciding to arrest shall interrogate juvenile suspects or defendants and hear the defense attorney's opinions.
Juveniles shall be detained separately from adults when held in custody, arrested, or serving criminal penalties, separately manged and separately educated.
Article 281: The juvenile suspect's legally-designated representative shall be notified to appear when interrogating or trying juvenile criminal cases. Where the is not way to notify them, the legally-designated representative cannot appear or is a co-criminal, the juvenile suspect or defendant's other adult family members or representative from their school, workplace, basic level organization from their place of residence or child welfare organization may also be notified to appear in court, and such circumstances shall be recorded in the case file. Legally-prescribed agents making appearances may exercise the juvenile suspect or defendant's rights on his behalf.
Where legally-designated representatives or others making an appearance find that the persons handling the case have violated the juvenile's lawful rights and interests at interrogation or trial, they may submit an opinion. The interrogation records and court records shall be given to the legally-designated representative or other persons appearing to read or have read to them.
When female juvenile suspects are interrogated there shall be female personnel present.
When trying juvenile criminal cases, after the juvenile defendant's final statement his legally-designated representative may make a supplementary statement.
The provisions of paragraph 1, 2, and 3 apply to the questioning of juvenile victims.
Article 282:Where juveniles suspected of crimes found in Chapters 4, 5 and 6 of the criminal law who might receive penalties of 1 year imprisonment or less and meet the requirements for prosecution, but demonstrably regret their crime; the people's procuratorate may issue a conditional non-prosecution decision. Before making a conditional non-prosecution decision, people's procuratorates shall hear the public security organ's and victim's opinions.
The provisions of article 179 and 181 of this law apply where the public security organ requests a reconsideration or review of a conditional non-prosecution decision, or the victims appeal.
Where juvenile criminal suspects and their legally-designated representatives object to a conditional non-prosecution decision by the people's procuratorate, the people's procuratorate shall issue a decision to prosecute.
Article 283:During the probationary period for conditional non-prosecution, the people procuratorate will perform supervisory inspections of the juvenile suspect under conditional non-prosecution. The juvenile criminal suspect's guardian shall strengthen supervision and education of the juvenile suspect, and cooperate with the people's procuratorate in completing supervision and inspection work.
The probationary period for conditional non-prosecution is not less than 6 months and not more than 1 year, to be calculated from the day that the people's procuratorate make the conditional non-prosecution decision.
Juvenile suspects given conditional non-prosecution shall obey the following rules:
（1）Obey the laws and regulations, comply with supervision；
（2）Report the circumstances of their own activities in accordance with the observation organ's rules ;
（3）When leaving the city or county of residence, or moving home, shall report to and get the permission of the observing organ ；
（4）Accept corrections and education as required by the observation organ.
Article 284:Where juvenile criminal suspects given conditional non-prosecution have any of the following circumstances during the probationary period, the people's procuratorates shall withdraw the conditional non-prosecution decision and initiate a public prosecution:
（1）Commits a new crime, or it is discovered that they committed another crime that must be pursued for criminal responsibility before the conditional non-prosecution decision；
（2）Violate public security management rules or supervisory management rules of the organ enforcing the conditional non-prosecution probation, where the circumstances are serious.
Where juvenile criminal suspects given conditional non-prosecution do not have any of the circumstances described above during the probationary period, the people's procuratorate shall issue a non-prosecution decision when the probationary period is complete.
Article 285:In cases where the defendant is not yet 18 years-old at the time of trial, do not hold an open trial. However, with the consent of a juvenile defendant and his legally-designated representative, the juvenile's school and child welfare organizations may appoint representatives to appear.
Article 286:The relevant criminal records shall be sealed for those who were not yet 18 years-old at the time of the offense and were sentenced to 5 years or less imprisonment.
Where criminal records are sealed, they must not be provided to any workplace or individual, except where necessary for judicial organs case-handling or relevant workplace inquiries made on the basis of national regulations. Workplaces making inquiries in accordance with law shall preserve the secrecy of the sealed criminal records.
Article 287:Except where this chapter has provided otherwise, follow this law's other provisions in handling juvenile criminal cases.
Chapter II: Procedures for Public Prosecutions in Which the Parties Settle
Article 288:In the following public prosecutions, where criminal suspect earnestly repent the crime, and receive the victims forgiveness through compensating the victim's losses or making formal apologies, and the victim is willing to settle, the parties of both side may settle:
(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.
The procedures provided in this chapter do not apply where the suspect or defendant has intentionally committed a crime within the last five years.
Article 289:Where the parties of both sides have settled, public security organs, people's procuratorates and people's courts shall hear the opinions of the parties and other relevant persons to review the voluntariness and lawfulness of the settlement and moderate the drafting of a settlement agreement.
Article 290:Public security organs may make a recommendation for lenient handling in cases that have reached a settlement. People's procuratorates may submit a recommendation for lenient handling to the people's courts; where the offense is slight and it is not necessary to impose a criminal penalty, they may make a decision to not prosecute. People's courts may give a lenient punishment in accordance with law.
Chapter III: Procedures for Trial in Absentia
Article 291:In criminal cases of corruption and bribery, as well as cases verified by the Supreme People's Procuratorate as serious crimes endangering national security or of terrorist activities, where the criminal suspect or defendant is abroad and the Supervision Organs or public security organs have transferred the case for prosecution, the people’s procuratorate may initiate a public prosecution in the people’s court if it finds that the facts of the crime are already clear, that the evidence is credible and sufficient, and that criminal responsibility shall be pursued in accordance with law. After conducting a review, the people’s court shall decide to try the case in open court where the indictment includes clear allegations of the facts of a crime and meets the requirements for applying procedures for trial in absentia.
In cases of the preceding paragraph, the intermediate people's court for the site of the crime, the defendant's residence before leaving, or as designated by the Supreme People's Court is to form a collegial panel and conduct a trial.
Article 292:The people’s court shall deliver the summons and a copy of the people’s procuratorate’s indictment to the defendant through judicial assistance means as prescribed by relevant international treaties or as put forward by diplomatic channels, other means permitted by the law of the defendant's location. Where the defendant does not come in as required after the summons and the copy of the indictment are served, the people’s court shall hear the case in open court, render a verdict in accordance with law, and dispose of unlawful gains and other property involved in the case.
Article 293:In trials in absentia conducted by the people’s court, defendants have the right to retain a defender, and defendants’ close relatives may retain a defender on their behalf. Where defendants and their close relatives have not retained a defender, the people’s court shall notify a legal aid organization to appoint a lawyer to provide them with a defense.
Article 294:The people’s courts shall send written verdicts to the defendants and their close relatives and defenders. Where the defendants or their close relatives are not satisfied with the verdict, they have the right to appeal the people’s court at the next higher level. Defenders may raise appeals with the defendants’ or their close relatives’ consent.
Where people's procuratorates find that the judgment of a people's court is truly in error, they shall raise a prosecutorial counter-appeal to the people's court at the level above.
Article 295:Where during the course of a trial, the defendant voluntarily surrenders or is captured, the people’s court shall retry the case.
Where a convict is brought in after the judgment or ruling has taken legal effect, the people’s court shall transfer the convict for enforcement of the penalty. Before the transfer for enforcement of penalties, the people’s court shall inform the convict that he has the right to raise objections to the judgment or ruling. Where a convict raises objections to the verdict or judgment, the people’s court shall retry the case.
Where the disposition of a convict’s property in accordance with an effective judgment or ruling is truly in error, it shall be returned or compensation made.
Article 296:Where the defendant is unable to appear in court due to serious illness and the proceedings are suspended for over six months, and the defendant is still unable to appear in court, and where the defendant and his agent ad litem or close relatives apply for or consent to resume the trial, the people’s court may conduct a trial in absentia where the defendant does not appear in court and render a verdict in accordance with law.
Article 297:Where the defendant has died, the people’s court shall render a judgment terminating the trial; but where there is evidence proving that the defendant is innocent, and the people’s court confirms his innocence after conducting a trial in absentia, it shall render a verdict in accordance with law.
In a case where the people’s court holds a new trial in accordance with trial supervision procedures and the defendant has died, the people’s court may conduct a trial in absentia and renders a verdict in accordance with law.
Chapter III: Procedures for the Confiscation of Unlawful Gains in Cases Where the Suspect or Defendant has Fled or is Deceased
Article 298:In major crimes such as crimes of corruption and bribery or terrorist activities, where the suspect or defendant is in hiding and cannot be brought into the case after one year, or where the suspect of defendant has died, and unlawful gains or other property involved in the case should be disgorged, the people's procuratorate may submit a written application for confiscation of illegal gains to the people's court.
Where the public security organs find that there is a situation as provided for in the preceding clause, it shall write out an opinion on confiscation of unlawful gains and send it to the people's procuratorate.
An application for confiscation of unlawful gains shall provide evidentiary materials relevant to the criminal facts and unlawful gains, and also clearly list the types of assets, their numbers, their location and and circumstances of sealing, seizing or freezing [the assets].
When necessary, people's courts may seal, seize or freeze property subject to an application for confiscation.
Article 299:The intermediate people's court at the site of the crime or the residence of the criminal suspect or defendant will form a collegial panel to hear applications for confiscation of unlawful gains.
The people's courts shall issue a public notice after accepting an application for confiscation of unlawful gains. The public notice period is 6 months. Close relatives of criminal suspects and defendants or other interested parties have the right to apply to participate in the litigation, and may retain an agent ad litem to participate in the litigation.
After the public notice period is complete, the people's courts conduct a hearing on the confiscation of unlawful gains. Where interested parties are participating, the people's court should hold an in-court hearing.
Article 300:Property verified through trial as being unlawful gains and other property involved in the case shall be ruled confiscated, except for that returned to the victims in accordance with law; For assets that should not be disgorged, the application shall be rejected and any sealing, seizure or freezing measures removed.
The suspect or defendant and his close relatives or other interested parties or the people's procuratorate may raise an appeal against ruling by a people's court made following the provisions of the preceding paragraph.
Article 301:Where during the course of hearings a fleeing suspect or defendant surrenders on his own accord or is captured, the people's court shall terminate the hearing.
Where confiscation of a suspect or defendant's property was truly in error, it shall be returned and compensation made.
Chapter V: Procedures for the Compulsory Treatment of Mentally Ill Persons not Bearing Criminal Responsibility under the Law
Article 302:Mentally ill persons evaluated through statutory procedures as not bearing criminal responsibility under law who exhibit violent behavior, endanger public safety or endanger citizens' personal safety, and might continue to endanger society, may be given compulsory treatment.
Article 303:The compulsory treatment of mentally ill persons on the basis or this provision shall be on decision of a people's court.
Public security organs discovering a mentally ill person who meets the requirements for compulsory treatment shall write out a compulsory treatment opinion and transfer it to the people's procuratorate. The people's procuratorate shall apply to the people's courts for compulsory treatment of mentally ill persons meeting the requirements for compulsory treatment transferred by the public security organs or that they discover while performing a review for prosecution. People's courts discovering in the course of trial that a mentally ill persons meets the requirements for compulsory treatment may make a compulsory treatment decision.
Prior to the people's courts making a compulsory treatment decision, the public security organs may adopt temporary protective measures for mentally ill persons exhibiting violent behavior.
Article 304:After people's courts accept an application for compulsory treatment, they shall assemble a collegial panel to conduct a hearing.
People's courts trying compulsory treatment cases shall notify the subject of the application's, or defendant's, legally-designated representative to appear. Where the subject of the application or defendant has not retained an agent ad litem, the people's courts shall notify a legal aid organization to appoint a lawyer to provide him legal assistance.
Article 305:Upon the courts' hearing, where the subject of the application or defendant meets the requirements for compulsory treatment, a decision for compulsory treatment shall be issued within one month.
If persons placed under compulsory treatment, victims and their legally-designated representatives or close family members do not accept the compulsory treatment decision, they may apply for review to the people's court at the level above.
Article 306:Compulsory treatment institutions shall periodically carryout diagnostic evaluation of the person undergoing compulsory treatment. For those who are already not physically dangerous and don't need to continue compulsory treatment, a release opinion shall be be submitted for approval to the people's court that made the compulsory treatment decision.
The person undergoing compulsory treatment and his close family members have the right to apply for release from compulsory treatment.
Article 307: The people's procuratorates supervise compulsory treatment decisions and enforcement.
Supplementary Provisions
Article 308: Army defense departments have the power to conduct investigations of criminal cases occurring within the army.
The coast guard has authority to investigate crimes occurring at sea in performing its maritime protection and law enforcement duties.
Prisons conduct investigations of crimes committed by convicts within the prisons.
Relevant provisions of this law apply when the security departments of the military, the coast guard, and prisons handle criminal cases.
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