Article 1: These Measures are formulated on the basis of the Criminal Procedure Law of the PRC and relevant provisions, and in consideration of the actual conditions of procuratorate work, so as to further strengthen and regulate people's procuratorate's efforts on the review of detention, to correctly apply detention measures, and to safeguard the lawful rights and interests of criminal suspects and defendants in accordance with law.
Article 2: Detention hearings refers to the people's procuratorates case review activities in the form of organizing and convening hearings, in the handling of cases of review for arrest, review to extend investigative detention, or review of the necessity of detention, to hear the opinions of all sides on whether to make a decision for arrest, to extend the period of investigative detention, or whether to continue detention.
Article 3: In any of the following situations where it is necessary to hear the opinions of all sides in person to make a correct review decision in accordance with law, a detention hearing may be conducted:
(1) It is necessary to verify assessments of criminal suspects' or defendants' dangerousness to society, or whether juvenile criminal suspects or defendants meet the conditions for social mentorship;
(2) There is major social significance;
(3) It involves areas such as the public interest, safeguards for people's livelihoods, or the production and business of enterprises, and a review hearing would be conducive to achieving the unity of the case handling's political, legal, and social efficacy;
(4) detained criminal suspects or defendants and their legal representatives, close relatives, or defenders apply for modification of the compulsory measures;
(5) In a case reviewing the necessity of detention there is larger contention in areas such as the determination of facts, the application of law, and the case disposition;
(6) a review hearing is otherwise necessary.
Article 4: Detention hearings are to be organized and convened by the people's procuratorate responsible for handling the case.
A detention hearing may be organized for cases reviewing detention that are found through review to be eligible under the provisions of article 3 of these Measures, and upon approval of the chief procurator. Where criminal suspects or defendants and their legal representatives, close relatives, or defenders apply for a detention hearing, the people's procuratorate shall promptly make a decision and notify the applicant.
Article 5: Detention hearings carried out based on these Measures are generally not conducted publicly. Where a people's procuratorate finds that is necessary to make it public, the hearing activities may be conducted publicly upon approval of the chief procurator.
Detention hearings in juvenile cases are never to be conducted publicly.
Article 6: Detention hearings are to be presided over by the head procurator of the case-handling group taking on the case or the procurator handling the case alone. Where the chief procurator or the person responsible for a department participates in a hearing, they shall preside over the hearing.
Article 7: In addition to the procurator presiding over the hearing, the participants in detention hearings generally include the other procurators that participated in the handling of the case, investigators, the criminal suspect or defendant, as well as their legal representatives and defenders, and victims and their agents ad litem.
Other litigation participants, the close relatives of the criminal suspects, defendants, or victims, the appropriate adult for juvenile criminal suspects or defendants, and other such persons may participate in hearings and express opinions with the permission of people's procuratorate. When necessary, people's procuratorates may invite members of the public that meet requirements to participate in a hearing as hearing personnel.
People's supervisors shall be invited to participate in public hearings in cases of review for arrest or review of the necessity of detention that have a major impact.
Article 8: Where it is decided to carry out a review hearing, the case-handling group or sole procurator undertaking the case shall complete the following preparation work:
(1) Earnestly review case file materials, sorting and clarifying the key issues for the hearing review;
(2) draw up an outline for the hearing and review, and draft a plan for the hearing;
(3) Promptly notify hearing participants and inform them of the reason for the hearing and the time and location for the hearing. Where persons participating in a hearing have written comments or relevant evidence materials, they are to be requested to submit them to the people's procuratorate in advance.
Article 9: Review hearings are to be conducted in accordance with the following procedures:
(1) The person presiding is to announce the start of the review hearing, verify the identity of the criminal suspect or defendant, and introduce the participants.
(2) Give notice of participants' rights and obligations.
(3) Announce the procedures for the hearing and the discipline requirements.
(4) Introduce the basic circumstances of the case and clarify the key issues for the review hearing.
(5) Revolving around the major issues for the review hearing, investigators explain the facts and basis for the need to detain or extend the detention of the criminal suspect or defendant, and present evidence showing dangerousness to society. Hearings reviewing the necessity of detention may present evidence revolving around the determination of facts.
(6) Criminal suspects or defendants and their legal representatives or defenders express opinions and present related evidence.
(7) Where it is necessary to verify or assess dangerousness to society or eligibility for social mentorship, other relevant persons participating in the hearing are to express opinions and submit related evidence.
(8) Procurators may ask questions of investigators, criminal suspects, defendants, defenders, victims, and other relevant persons. With the permission of the person presiding, investigators and defenders may ask questions of criminal suspects, defenders, and other relevant persons. Where members of the public participate in hearings as hearing personnel, they may ask questions of the relevant persons.
(9) With the permission of the person presiding, victims and other relevant participants may express opinions.
(10) Where members of the public participate in hearings as hearing personnel, procurators shall hear their opinions. When necessary, the hearing of opinions may be conducted independently.
Where two or more criminal suspects or defendants participate in review hearings, they shall be conducted separately.
Article 10: Detention hearings in cases involving state secrets, commercial secrets, investigation secrets, and personal privacy, the participants shall be strictly restricted to the scope of procurators and investigators, criminal suspects and defendants and their legal representatives and defenders, and other litigation participants. Where it is found necessary during the course of review hearings, procurators may independently hear opinions and verify evidence after the conclusion of the hearing.
Article 11: Where criminal suspects or defendants admit guilt and accept punishment [plea], the procurator presiding shall verify the voluntariness and legality of the plea during the review hearing, and hear the opinions of the investigators on whether the criminal suspects honestly admitted guilt and accepted punishment.
The criminal suspects' or defendants' admission of guilt and acceptance of punishment is to be an important factor in judging their dangerousness to society.
Article 12: The entire course of the hearing should be recorded and have a record made by the clerks.
The record of the hearing is to be signed or have a seal attached by the procurator presiding over the hearing, other participants, and the record makers, and included in the case file along with the recordings, relevant written opinions. and so forth.
Article 13: The opinions of hearing personnel are to be an important consideration for people's procuratorates submission of review opinions or making review decisions in accordance with law. Where the majority opinion of hearing personnel is not adopted, this shall be reported to the chief procurator and a decision is to be made after getting their assent.
Article 14: After procurators fully hear the opinions of all sides, they are to submit a review opinion or make a review decision in accordance with law in light of the full case circumstances.
Where a review decision is made on-site, it shall be announced on-site and the reasons shall be explained; where a decision is made after the hearing in accordance with law, obligations for its announcement, service, and notice shall be promptly performed in accordance with law.
Article 15: The supervisor opinions of people's supervisors on detention hearing activities shall be promptly researched and addressed by the people's procuratorate in accordance with relevant provisions, and they shall do a good job notice and explanation work.
Article 16: Persons participating in detention hearings shall strictly comply with relevant provisions on confidentiality, and where it is truly necessary based on the circumstances of the case, participants may be requested to sign confidentiality pledges.
Where state secrets, commercial secrets, investigative secrets, or personal privacy is leaked intentionally or through gross negligence, the legal responsibility and disciplinary responsibility are to be pursued in accordance with law and discipline.
Article 17: Where the criminal suspect or defendant has been detained, the detention hearing shall be conducted in the detention center. Where the criminal suspect or defendant has not been detained, the hearing is generally to be conducted in the procuratorate's hearing room.
Security and technical safeguards for detention hearings are the responsibility of departments such as the judicial police and Information Technology.
Article 18: The Measures are to take effect from their date of promulgation.
Be First to Comment