Public Security Organ Procedures for Handling Criminal Cases

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Chinese Title:《公安机关办理刑事案件程序规定》(公安部令第127号)2012-12-26

People's Republic of China Public Security Department Order No. 127

This revised 'Regulations on the Procedures for the Handling of Criminal Cases by Public Security Organs' has already been passed by the Ministry of Public Security Working Meeting of December 3, 2012, is hereby promulgated, and will take effect on January 1, 2013.

Public Security Minister Meng jianzhu on December 13, 2012

 

Regulations on the Procedures for the Handling of Criminal Cases by Public Security Organs

Contents

 

Chapter: Tasks and Basic Principles

Chapter II: Jurisdiction

Chapter III: Recusal

Chapter IV: Lawyers ' participation in criminal proceedings

Chapter V Evidence

第六章 强制措施

第一节 拘传

第二节 取保候审

第三节 监视居住

Section 4: Custody

Section 5: Arrest

Section 6: Detention

第七节 其他规定

第七章 立案、撤案

Section 1: Case Acceptance

Section 2: Opening a Case

第三节 撤案

Chapter VIII: Investigation

Section 1: General Provisions

Section 2: Interrogating Criminal Suspects

第三节 询问证人、被害人

第四节 勘验、检查

Section 5; Searches

第六节 查封、扣押

第七节 查询、冻结

Section 8: Evaluations

Section 9: Identifications

第十节 技术侦查

第十一节 通缉

第十二节 侦查终结

第十三节 补充侦查

第九章 执行刑罚

第一节 罪犯的交付

Section 2: Commutation, Parole, and Temporary Service Outside of Prison

Section 3: Deprivation of Political Rights

第四节 对又犯新罪罪犯的处理

Chapter X: Special Procedures

第一节 未成年人刑事案件诉讼程序

第二节 当事人和解的公诉案件诉讼程序

第三节 犯罪嫌疑人逃匿、死亡案件违法所得的没收程序

第四节 依法不负刑事责任的精神病人的 强制医疗程序

第十一章 办案协作

第十二章 外国人犯罪案件的办理

第十三章 刑事司法协助和警务合作

Chapter XIV: Supplementary Provisions

 

 

Chapter I: Mission and Basic Principles

 

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

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

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

Article 4: Public security organs conducting criminal proceedings must rely on the masses, with truth as the their basis and with law as their yardstick. Treat all citizens equally in the application of the law, and not recognize any special privileges before the law.

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Chapter II: Jurisdiction

 

Article 14: According to provisions of the Criminal Procedure Law, public security organs have jurisdiction over criminal cases with the exception of the following:

(1) the crimes of corruption and bribery, criminal dereliction of duty by a state worker, abuse of public power by a state worker to effect unlawful arrest, use of torture to coerce a confession, lodging false charges to exact revenge, illegal searches that criminally violate citizens' rights in their person as well as cases of criminal infringement of citizens' democratic rights, and other major criminal cases of state workers abusing the power of their office, where a people's procuratorate at the provincial level or above has decided to initiate a case and investigation;

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

(3) Criminal violations of official duties by soldiers and criminal cases occurring within the armed forces;

(4) Criminal cases in which a convict committed a crime inside prison;

(5) other criminal cases for which another organ should have jurisdiction under laws and regulations.

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

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

A residence includes the place of household registration and a regular domicile. A regular domicile indicates a place outside the place of household registration where citizens have stayed continuously for at least one year.

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

Article 16: Jurisdiction over crimes committed using, or aimed at, computer networks, may be exercised by the public security organ at the location of the server used to perform the criminal activity, the location of the person who entered the network and the person who setup or manages the website, the location of the manager of the infringed information system, as well as any location from which the criminals or victims used an information network over the course of the crime.

Article 17: Jurisdiction of criminal cases occurring on a vehicle in transit is held by the public security organ at the first stop the vehicle makes; when necessary, public security agencies at the place of origin, places en-route, and destination can have jurisdiction.

Article 18: In criminal cases where multiple public security organs have jurisdiction, the first public security organ to accept the case has jurisdiction. When necessary, the public security organ at the principle site of the crime may have jurisdiction.

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

(1) Multiple crimes by a single offender;

(2) Joint crimes;

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

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

Article 19: In criminal cases where jurisdiction is unclear or contested, public security organs may resolve the matter through discussion. If discussions fail, the public security organ above them will designate jurisdiction.

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

Article 20: Where the higher level public security organ designates jurisdiction, it should separately send copies of the Jurisdiction Designation Decision to the public security organ designated as having jurisdiction and the other concerned public security organs.

The public security organ originally accepting a case, upon receiving the higher level public security organs' decision to designate another public security organ as having jurisdiction, does not again excercise jurisdiction rights, and at the same time shall transfer the case file materials to the public security organ designated as having jurisdiction.

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

Article 21: County-level public security organs are responsible for the investigation of criminal cases in their territory.

Public security organs at or above districted-municipality level-1 are responsible for investigation of major cases endangering national security, terrorist activity crimes, crimes involving foreign entities, economic crimes, and organized crimes.

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

Article 22: Jurisdiction of criminal cases internal to the public security organs, is determined in accordance with the set up of criminal investigation organs and their division of responsibility.

Article 23: Railway public security organs have jurisdiction over criminal cases that occur in the railway system's organs, yards, lines, facilities, schools, teams, workplaces and other such areas; as well as criminal cases occurring in train station work areas or on trains, and cases of theft happening alongside the railways or cases of destroying the tracks, power-lines, communications or other important facilities, and any case of criminal activity by its staff committed on the railways while working.

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

In cases of scalping, forgery, alteration of train tickets, the first railway public security organ or local public security organ to accept the case has jurisdiction. When necessary, jurisdiction may be transferred to the local or railway public security organ at the residence of the principle offender.

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

Article 24: Traffic police organs have jurisdiction over criminal cases occurring in the traffic system's organs, yards, sections, buildings, schools, teams, and other such work areas; as well as criminal cases occurring within ports or wharves or aboard ships, crimes occurring on the waterways or disrupting waterways, communications or electric lines or other important equipment, and any criminal cases committed by internal personnel on the traffic lines while working.

Article 25: Civil Aviation public security organs have jurisdiction over criminal cases occurring in organs, yards, segments, buildings, schools, teams or other workplaces, as well as crimes occurring in aiport workplaces or on civil aviation airplanes.

Crimes involving major aviation accidents are in the jurisdiction of the airport public security organ where the consequences of the crime occur. If the consequences of the crime occur at a location that has not yet establish an airport public security organ or the case is outside the jurisdiction of the airport public security organ, then the local public security organ will have jurisdiction and the airport public security organ will provide assistance.

Article 26: Forestry public security organs have jurisdiction over criminal cases involving the destruction of forests or wild plant and animal resources, forestry public security organs in areas with a large forested area are also responsible for investigating other crimes occurring within this region. Where a specialized forestry public security organ has not yet been established, the local public security organs have jurisdiction. Where a specialized forestry public security organ has not been established, the local public security organ has jurisdiction.

Article 27: Customs and smuggling investigative agencies have jurisdiction over criminal smuggling cases involving taxes that occur within the PRC's customs area and also criminal smuggling cases not involving tax that occur within the area under the supervision of customs.

Article 28: When public security organs investigate criminal cases involving cases in the jurisdiction of the people's procuratorates, the case belonging to the jurisdiciton of the people's procurates shall be transferred to the people's procuratorate. If the person suspected of the principle offense is within the jurisdiction of the public security organ, the public security organ will be the principal investigators, if the person suspected of the principal offense is in the jurisdiction of the people's procuratorate, the public security organ will cooperate.

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

Article 29: Jurisdiction of criminal cases that involve both the public security organs and the military should be handled according to relevant regulations.

Where public security and SWAT teams both have jurisdiction over a criminal case, the division of labor should be decided according to the principles for addressing cases of shared jurisdiction between public security organs and the military. Criminal cases by the personnel of Swat teams, public security border patrols, fire departments or guards divisions, are within the jurisdiction of the public security organs.

 

Chapter III: Recusal

Article 30: The principals and investigatory personnel of public security organs shall take it upon themselves to request recusal if they have any of the following traits, and if they do not do so, they shall be ordered recused; both parties and their legally-designated representatives also have the right to request recusal.

(1) Is a party to the case or a paty'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 31: The principal or investigatory personal of a public security organ must not have any of the following conduct:

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

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

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

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

Those violating the provisions of the previous clause shall be ordered recused and shall prosecuted for criminal liability in accordance with law. Parties and their legally-designated representatives have the right to request their recusal.

Article 32: When the principals or investigatory personnel of a public security organ themselves request a recusal, they should explain the reason for the recusal; if the request is made orally, the public security organ shall make a record in the case.

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

Article 33: The recusal of investigatory personnel will be decided by the principal of a public security organ at the county level or above; the recusal of the principal of a public security organ at the county level or above will be decided by the prosecution committee of a people's procuratorate at the same level.

Article 34: Where a party or his legally-designated representative applies for the recusal of investigatory personnel , the public security organ shall issue a decision and inform the applicant within 2 days of receiving the request for recusal; where the situation is complicated, and with the permission of the principal of a public security organ at teh county level or above, a decision may be issued within 5 days of receiving the application for recusal.

Article 35: Where a party or their legally-designated representative is not satisfied by the rejection of an application for recusal, they may apply for a reconsideration to the public security organ that issued the decision within 5 days of receiving the rejection.

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

Article 36: Public security organ principals or investigative personnel that are requesting recusal or have been requested to be recused must not stop investigating the case before a decision on recusal has been issued.

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

Article 37: Whether litigation activities conducted by a public security organ principal or investigatory personnel prior to a decision to recuse them are effective will be decided by the organ making the recusal decision on the basis of the circumstances of the case.

Article 38: This provisions of this chapter relating to recusal are applicable to court recorders, translators and evaluators.

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

Article 39: Defenders and agents ad litem may follow this chapter's provisions to request recusal and apply for reconsideration.

 

Chapter IV: Lawyers' participation in criminal proceedings

 

Article 40: Public Security organs shall ensure defense attorneys lawful engagement in the following activities during the investigation phase:

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

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

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

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

Article 41: After the first interrogation of a suspect or after adopting a compulsory measure, public security organs shall notify the suspect that he has the right to retain an attorney as his defender, and inform him that if he has not retained a lawyer because of economic hardship or other reason, he may apply to a legal aid organ for legal aid. The form of the notification shall be recorded in the case.

Where suspects in the same case have retained the same lawyer, or two or more suspects in cases that aren't being tried together but involved related criminal offenses have retained a single lawyer, the public security organ shall request they change attorneys.

Article 42: Criminal suspects may retain a defense lawyer themselves. Detained criminal suspect may have their guardian or close relatives retain a defense attorney on their behalf.

Criminal suspects request to retain lawyer may be submitted in writing or may be made orally. When made orally, the public security organ shall formulate a written record and have the suspect sign his name and leave a finger print.

Article 43: Where detained criminal suspects make a request to retain a lawyer to the detention center, the detention center shall promptly transmit his his request to the case-handling department; the case-handling department shall promptly transfer the request to the defense attorney or law firm the that the defendant has authorized.

Where a detained criminal suspect only submits a request to retain a lawyer, but doesn't submit specifics, the case-handling department shall promptly notify the criminal suspect's guardian or close relatives to retain a defense lawyer on his behalf. Where the suspect has no guardian or close relatives, the case-handling department shall promptly notify the local lawyers association or judicial administrative organ to recommend a lawyer for him.

Article 44: Where a criminal suspect has not yet retained a lawyer and one of the following requirements is met, the public security organ shall promptly inform the legal aid organ to appoint a defense attorney for the suspect:

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

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

Article 45: After the public security organ has received an application for legal aid submitted by a detained criminal suspect, it shall transfer his application to a legal aid organ in his area within 24 hours, and notify the applicant's guardian, close relative or other person so entrusted to assist in providing relevant documentation, evidence and materials. If the address of the suspect's guardian, close relatives or other entrusted persons is unclear and there is no way to notify them, the legal aid organ shall also be informed of this at the time the request is transferred to them.

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

Article 46: After a defense lawyer accepts the representation of a client or is appointed by a legal aid organization, he shall promptly inform the public security organ and present his lawyer's certificate, proof from his law firm and his representation agreement or official letter from the legal aid organization.

Article 47: Where a defense attorney is learning of the case circumstances from the public security organ, the public security organ shall notify the retained or appointed defense lawyer of the offense charged and the principle facts that have been clarified at that time, any compulsory measures that have been adopted, modified or removed from the suspect, extensions of the period for investigative detention and any other relevant circumstances, and make a record of it in the case.

Article 48: Defense attorneys may meet and communicate with detained suspects or suspects under residential surveillance.

Article 49: In cases of crimes that endanger national security or terrorism, the case-handling department shall notify the detention center in writing when they deliver the suspect to the detention center; if the suspect is under residential surveillance, the enforcing agency shall be informed in writing when the suspect is delivered for enforcement.

If a defense lawyer requests to meet with a detained prison or prisoner under residential surveillance described in the preceding paragraph, he shall submit an application.

Within 48 hours of their receipt, defense attorneys applications for meetings shall be reported to the principal of a public security organ at the county level or above for approval and a decision made as to whether or not to approve. Unless it would impede the investigation or might reveal state secrets, a decision to approve should be made.

When a public security organ does not approve a meeting, it shall notify the defense attorney in writing and explain the reason. When the circumstances that would impede the investigation or might reveal state secrets are gone, the public security organ shall approve the meeting.

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

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

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

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

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

Article 50: Where a defense lawyer requests to meet with a detained suspect, the detention center shall make arrangements for him to meet the suspect within 48 hours after examining his lawyers certificate, proof from his law firm and representation agreement or legal aid letter.

During investigation, when defense lawyers meet with suspects in cases of endangering national security or terrorist activity or especially large bribery cases, who are detained or under residential surveillance, the detention center or enforcement organ for residential surveillance shall also inspect the investigatory organ's permission decision certificate.

Article 51: Defense lawyers meeting detained suspects, or suspects under residential surveillance, that need to hire a translator shall have the public security organ review. If it meets the requirements of relevant regulations, it shall be allowed, if it doesn't meet the relevant provisions promptly notify him to modify it.

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

Article 52: When a defense lawyer meets a detained suspect or suspect under residential surveillance, the detention center or organ enforcing the residential surveillance shall adopt necessary administrative measures, and ensure that the meeting proceeds smoothly, and inform him to obey the provisions relevant to meetings. When defense lawyers meet detained suspects, the public security organs must not listen in, and must not assign personnell to be present.

When a defense lawyer meets a detained suspect or a suspect under residential surveillance, if he violates laws or rules for meetings, the detention center or organ enforcing the residential surveillance shall stop it. For serious violations of the rules or disregard of warnings, that meeting may be ended, and a report promptly made to his law firm or lawyers association.

Article 53: Defenders or anyone else who in a criminal proceeding, violates the law to interfere with proceedings, shall be pursued for legal liability.

Defenders whose conduct disrupts courtroom proceeding and are suspected of a crime are within the jurisdiction of the public security organs and the public security organ handling the case in which the defender is serving shall report to the public security organ at the level above to designate another public security organ to investigate or the higher level public security organ will file the case and investigate. The public security organ designated to file and investigate the case must not be a public security organ at a level below the public security organ originally handling the case. If the defender is an attorney, the public security filing and investigating the case shall promptly notify his law firm or lawyers association.

Article 54: Defense lawyers have the right to preserve the confidentiality of their client's information relevant to the 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 55: Where, before the case investigation ends, a defense lawyer so requests, the public security organs shall hear the defense lawyers opinions, and on the basis of conditions perform a verification and make a record in the case. If the lawyer makes written comments, they shall be included in the case file.

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

 

Chapter 5: Evidence

Article 56:  All materials that may be used to prove the facts of the case are evidence.

Evidence includes:

(1) physical evidence;

(2) documentary evidence

(3) Witness testimony

(4) Victim statements

(5) Criminal suspects statements and explanations;

(6) evaluation opinions;

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

(8) audio or visual materials and electronic data.

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

Article 57: Public security organs must follow statutory procedures in gathering evidence sufficient to prove that the suspect is guilty or not guilty and all types of evidence on the severity of the crime. 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 58: When public security organs gather or obtain evidence from workplaces or individuals, they should inform them that evidence must be truthfully provided.

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

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

Article 59: Public security organs obtaining evidence from workplaces or individuals shall get the permission of the principal at the case-handling department and and have a notice of evidence collection. The workplace or individual from whom evidence is being collected shall sign or seal the notice of evidence collecting, and if they refuse to sign or seal it, the public security organ shall make a note. When necessary, methods such as audio or video recording can be used to fix the content of the evidence and the process of evidence gathering.

Article 60: Physical, documentary, a/v or digital data evidence or evidentiary materials such as experiment reports, evaluation opinions, inspection or investigation records, received or lawfully obtained from an administrative organ that gathered them in the course of law enforcement or investigating a case, may be used as evidence.

Article 61: Physical evidence gathered or collected shall be the original object. Only when the original object cannot be conveniently transported, is not easily stored, or should be handled and protected by a relevant department in accordance with law, may photographs, copies or recordings that create an satisfactory reflection of the appearance or content of the object, be made.

Exhibits photographs, videos, or check with the original copy and correct or identification proved to be a true, or indeed proves that real, can be used as evidence. Photo, video, or a copy of the original, and does not reflect the shape and features of the original, and cannot be used as evidence.

Article 62: Documentary evidence that is gathered or collected shall be the original. Only when it would be truly difficult to get the original should a copy or reproduction be used.

Copies or reproductions of documentary evidence, that have been verified as having no mistakes against the original, been appraised as faithful or otherwise proven real, may be used as evidence. Documentary evidence that has been modified or shows traces of modification that cannot be reasonably explained, or a copy or reproduction that does not reflect the original document or its contents, cannot be used as evidence.

Article 63: Photos, videos or reproductions of physical evidence, and copies, reproductions, a/v materials, or digital versions of documentary evidence, shall attach a written explanation of the process of creating the copy and the location of the original document or object; and the person who produced the reproduction and the person or entity that holds the original shall sign it.

Article 64: Public security organs submititng a request for approval of arrest, or an indictment opinion, must be faithful to the truth of the facts. Those who intentionally conceal the true facts shall be pursued for responsibility in accordance with law.

Article 65: Case facts that must be made clear include:

(1) Whether or not a criminal act exists

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

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

(4) The identity of the criminal suspect;

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

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

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

(8) Other facts relevant to the case.

Article 66: Cases transferred by the public security organs to be reviewed for indictment shall have reached the point where facts are clear, and the evidence credible and sufficient.

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

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

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

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

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

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

Article 67: Suspect statements acquired through the use of torture, and witness and victim statements gathered through the use of violence or threats shall be excluded.

If the gathering of physical or documentary evidence violates statutory procedures and might seriously influence judicial justice, supplementary evidence or a reasonable explanation shall be provided; if supplementary evidence or a reasonable explanation cannot be provided, the evidence shall be excluded.

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

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

Article 68: If the people's courts feel that the evidence before them cannot prove the lawfulness of evidence gathering, and notify relevant investigators or other personnel to appear in court and explain the situation, the relevant investigators or other personnel shall appear in court. When necessary, relevant investigators or other personnel may request to appear in court and explain the situation.

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

Article 69: All persons with knowledge of the case have a duty to testify.

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

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

Article 70: 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 71: In cases of crimes such as endangering national security, terrorist activities, mafia-type criminal organization crimes and drug crimes, it a witness, appraiser, victim or their family, face danger as a result of their having testified in the investigatory process, the public security organs shall adopt one or more of the following protective measures:

(1) Don't release their true name, address, workplace or other personal information;

(2) Prohibit specified personnel from having contact with the witness, appraiser or victim and their families.

(3) Adopt special measures to protect their person and residence;

(4) other necessary protective measures.

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

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

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

Article 72: When Public security organs lawfully decide to not make public a witness's, evaluator's, or victim's real name, address, workplace and other personal information, they may use pseudonyms and the like in indictment opinions, questioning records and other legal documents or evidentiary materials, to replace the personal information of the witness, evaluator or victim. However, they shall make a separate written explanation of the use of pseudonyms, mark it with a classification level and have it form its own file.

Article 73: The necessary personnel, fees and equipment for protecting witnesses shall be guaranteed.

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.

 

Chapter VI: Compulsory Measures

Section 1: Custodial Summons

Article 74: Public security organs that need to enforce custodial summons on a criminal suspect based of the case circumstances, may enforce a custodial summons to conduct interrogation at the designated place in the city or county where he is located.

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

Article 75: Public security organs enforcing compulsory summons against a criminal suspect shall present a custodial summons document, and order him to sign it and leave a finger print.

When the suspect enters the case, he shall be ordered to write the time of appearance on the custodial summons document, and when the custodial summons is concluded, he shall write the time at which it concluded. Where the suspect refuses to write this, investigators shall make a note on the custodial summons document.

Article 76: The period of continuous custodial summons must not exceed 12 hours; with the permission of the head of a public security organ at the county level or above, in cases where the circumstances are major and complicated and it is necessary to detain or arrest, the period of continuous custodial summons must not exceed 24 hours. Continuous custodial summons must not be used as covert detention of a criminal suspect.

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

 

Section 2: Release on Guarantee Pending Further Investigation

Article 77: Public security organs may adopt release on guarantee pending further investigation for criminal suspects with any of the following characteristics:

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

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

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

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

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

Article 78: Recidivists, principal offenders in criminal consortia, suspects escaping investigation through self-harm or self-mutilation, and suspects in seriously violent crimes and other serious crimes, must not be released on guarantee pending further investigation, with the exception of those suspects that have situations provided for in items 3 and 4 of the first paragraph of Article 77 of this law.

Article 79: If it is necessary to release a criminal suspect on bail pending trial, a report requesting approval for releasing the suspect on guarantee pending further investigation shall be drafted, stating the reasons, the form of guarantee as well as the conditions, and issue a written decision regarding release on guarantee pending further investigation upon the approval of the person-in-charge at a public security at or above the county level. The written decision regarding release on guarantee should be read out aloud to the criminal suspect, who will sign it and affix his fingerprint.

Article 80: Public security organs deciding to release a criminal suspect on guarantee pending further investigation shall order the criminal suspect to either provide a guarantor or post a guarantee deposit.

Public security organs must not order the same criminal suspect to simultaneously provide both guarantor and to post a guarantee deposit.

Article 81: Where a guarantor is used, the guarantor must meet the following criteria and must be examined and approved by the public security organ:

(1) not implicated in the case ;

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

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

(4)fixed domicile and income.

Article 82: A guarantor should fulfill the following obligations:

(1) Supervise the guaranteed person and ensure that he complies with the provisions of Article 85 and Article 86 of these Regulations;

(2) Shall promptly report to the enforcement organ if it is discovered that the guaranteed person might, or has already, violated the provisions of Articles 85 or 85 of this Regulation,

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

Article 83: The starting sum for criminal suspects guarantee deposits should be 1000 yuan. The specific amount should be decided after a comprehensive consideration of factors such as the need to ensure the normal conduct litigation activities, the danger posed by the criminal suspect to the society, the nature and circumstances of the case, the possible severity of the punishment as well as the criminal suspect's financial situation.

Article 84: Public security organs at or above the county level shall set up a special account for guarantee deposits in a designated bank and entrust the bank to collect and keep guarantee deposits on its behalf.

Those providing guarantee deposits shall do so by making a single deposit in the special account for guarantee deposits. Guarantee deposits shall be posted in RMB.

Guarantee deposits shall be managed by agencies other than those handling a case. Holding back, paying by deduction, expropriation or an other form of embezzling guarantee deposits is strictly prohibited.

Article 85: When announcing a decision to release on guarantee pending further investigation, public security organs shall inform the person under release to abide by the following following conditions:

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

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

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

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

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

Article 86: When deciding to release a criminal suspect on guarantee pending further investigation, a public security organ may also, according to the circumstances of a case, order the person under guarantee to abide by one of more of the following provisions:

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

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

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

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

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

Article 87: Where a public security organ decides to release a criminal suspect on guarantee pending further investigation, it shall promptly inform the local police station of the residence of the person released. The agency handling the case may assist in the enforcement when and where necessary.

Where a guarantor is provided, materials such as relevant legal papers, basic information about the guaranteed person and basic information about the guarantor shall also be submitted. Where bail bond is provided, materials such as relevant legal papers, basic information about the bailee and the status of the collection of bail bond shall also be submitted.

Article 88: Where a people’s court or a people’s procuratorate decides to release on guarantee pending further investigation, the county-level public security organ responsible for the enforcement shall, within 24 hours of receiving the legal papers and relevant materials, designate the local police station where the guaranteed person resides to carry it out after reviewing and verifying the situation.

Article 89: The police station in charge of carrying out bail pending trial shall perform the following duties:

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

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

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

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

Article 90: The police station in charge of enforcing the release on guarantee pending further investigation may order a person released on guarantee pending further investigation to periodically report relevant circumstances and make records of those reports.

Article 91: A person released on guarantee pending further investigation may not leave the city or county in which he lives without a legitimate reason. If he has a legitimate reason to leave the city or county in which he lives, he shall first obtain approval of the head of the police station for enforcing the release on guarantee pending further investigation.

Where a people’s court or people’s procuratorate makes the decision to release on guarantee pending further investigation, the police station responsible for the implementation should, before approving the released person's departure from the city or county in which he lives, obtain the consent of the agency that made the decision.

Article 92: Where a person released on guarantee pending further investigation violates Articles 85 or 86 of these Regulations during the duration of release and has posted a guarantee deposit, the public security organ should, in the light of the circumstances of the violation of the rules, decide to partially or fully confiscate the deposit, and, depending on specific situations, order the released person to write a letter of repentance, re-post a deposit or provide another guarantor; or may alter the compulsory measures employed or impose a security administrative punishment; if an arrest is nescessary, the public security organ may first take the person into custody.

Where people's courts or people's procuratorates decide to release on guarantee pending further investigation, and the person released on guarantee ciolates the rules, the county level public security organ responsible for enforcement shall promptly notify the organ that made the decision.

Article 93: Where it is necessary to confiscate a guarantee deposit, a written decision to confiscate the guarantee deposit shall be formulated after there has been rigorous review and the responsible party from a public security organ at the county level or higher has given approval.

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

Article 94: Within 3 days of a decision to confiscate a guarantee deposit, the public security organ shall read it to the person released on guarantee pending further investigation and order him to sign the decision to confiscate the guarantee deposit and leave a fingerprint; if the person released on guarantee has fled or cannot appear do to other circumstances the decision shall be announced to his adult relatives, legally-designated representatives, defender or workplace, residential committee or village committee of his residence and have them sign the decision to confiscate the guarantee deposit.

If the person released on guarantee pending further investigation or his adult relatives, legally-designated representatives, defender, workplace, residential committee or village committee refuse to sign, the public security organ shall make a not on the confiscation decision.

Article 95: When public security organs read the confiscation decision, they shall give notice that, if unsatisfied by the decision, the person released on guarantee pending further investigation or his legally-designated representative may, within 5 days, request a reconsideration by the public security organ issuing the decision. Public security organs shall issue a decision within 7 days of receiving the request for a reconsideration.

Where the person released on guarantee pending further investigation or his legally-designated representative are unsatisfied with the reconsideration opinion, they may, within 5 days of receiving the written reconsideration, apply for a single review to the public security organ at the level above. The public security organ at the level above shall issue a decision within 7 days of receiving the application for review. If the higher level public security organ withdraws or modifies a decision to confiscate a guarantee deposit, the lower level public security organ shall carry it out.

Article 96: Where the period for reconsideration of a decision to confiscate a guarantee deposit has already past or after the original decision has been upheld through reconsideration by a public security organ at the level above, public security organs shall notify the designated bank to confiscate the guarantee deposit and follow the relevant national provisions to send it to the national treasury.

Article 97: Where during the period of release on guarantee pending further investigation, there are no violations of article 85 and 76 of these Provisions and there are no new intentional crimes, or in any of the specific circumstances provided in article 183 of these provisions, the public security organs shall draft a decision to return the guarantee deposit when removing release on guarantee or modifying the compulsory measures, and notify the bank to return the guarantee deposit.

A person released on guarantee pending further investigation or his legally-designated representative may rely on the written decision to return the guarantee deposit to reclaim his guarantee deposit from the bank.

Article 98: Where a person released on guarantee pending further investigation has not violated the provisions of articles 85 or 86 of these Provisions, but have been suspected during the release period of committing a new intentional crime that was filed for investigation, the public security organ responsible for enforcement shall temporarily seize the guarantee deposit and wait for the judgment of the people's court to take effect, then handle the situation based on the relevant judgment.

Article 99: Where a person released after providing a guarantor violates the rules he must obey, and the guarantor does not perform his duties, after it is checked and verified, upon approval from a a public security organ at the county level or above, fine the guarantor not less than 1,000 yuan but not more than 20,000 yuan; where a crime is constituted, pursue criminal liability in accordance with law.

Article 100: 决定对保证人罚款的,应当报经县级以上公安机关负责人批准,制作对保证人罚款决定书,在三日以内向保证人宣布,告知其如果对罚款决定不服,可以在五日以内向作出决定的公安机关申请复议。公安机关应当在收到复议申请后七日以内作出决定。

Where a guarantor does not accept the reconsideration decision, he may request a single review from the public security organ at the level above within five days of receiving the written reconsideration decision. Where the public security organ at the level above has revoked or modified the decision to fine, the lower public security organs shall enforce it.

Article 101: 对于保证人罚款的决定已过复议期限,或者经上级公安机关复核后维持原决定的,公安机关应当及时通知指定的银行将保证人罚款按照国家的有关规定上缴国库,并在三日以内通知决定取保候审的机关。

Article 102: For suspects using a guarantor as guarantee, if there is a change in the guarantor's circumstances during the period of release on guarantee and he is unwilling to continue as guarantor or has lost to capacity to be guarantor, the person released on guarantee shall be ordered to provide another guarantor or hand over a guarantee deposit, or a decision to modify compulsory measures will be issued.

The public security organ responsible for enforcement shall notify the organ that made the decision to release on guarantee pending further investigation within 3 days of a guarantor becoming unwilling to continue as guarantor or having lost the capacity to be guarantor.

Article 103: Public security organs must not interrupt the case investigation during th e period of release on guarantee pending further investigation, and shall promptly modify the compulsory measures against the suspect released on guarantee or conclude the release on guarantee pending further investigation, on the basis of changing circumstances.

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

Article 104: Where it is necessary to end release on guarantee pending further investigation, the organ that decided on the release will formulate the written decision to end the release on guarantee and notice ceritificate, and send them to the public security organ responsible for enforcement. the public security organ responsible for enforcement shall promptly end the release on guarantee on the basis of the decision and notify the released person, guarantor and relevant workplaces.

 

Section 3: Residential surveillance:

Article 105: Public security organs may put criminal suspects who meet the requirements for arrest and have one of the following circumstances, under residential surveillance.

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

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

(3) The sole caretaker of a person who is unable to care for themselves ;

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

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

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

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

Persons released on guarantee pending further investigation who violate the provisions of articles 85 or 86 of these Provisions may be place under residential surveillance.

Article 106: A written report requesting approval shall be made for suspects placed under residential surveillance, explaining the reasons for, the methods of residential surveillance employed and the rules that should be obeyed, and upon the approval of a public security organ at the county level or above, draft a residential surveillance decision and read it to the suspect, have the suspect sign it and leave a finger print.

Article 107: Residential surveillance shall be carried out in the suspect or defendant's residence; where there is no fixed residence it may be carried out in a designated location. Where there is suspicion of a crime that endangers national security or terrorist activities, and conducting [residential surveillance] in [the suspect's] residence would obstruct the investigation, it may also be conducted in a designated location upon approval of the public security organ at the level above.

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

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

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

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

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

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

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

Article 108: "Fixed residence" indicates the lawful residence in which the person under residential surveillance lives within the city or county of the case-handling organ; "designated residence"indicates a living space within the city or county of the case-handling organ, designated by the public security organ on the basis of cases circumstances, for the person under residential surveillance.

The designated residence shall meet the following requirements:

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

(2)Convenient for supervision and management;

(3)safety is ensured.

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

Article 109: When residential surveillance is in a designated residence, unless there is no way to inform them, a notice of residential surveillance certificate shall be drawn up and the organ making the decision shall inform the family of the person under residential surveillance within 24 hours of enforcing residential surveillance.

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

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

(2)those without families;

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

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

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

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

Article 110: The provisions of articles 41, 42 and 43 of these rules are applicatble to the retention of defense lawyers by persons under residential surveillance.

Article 111: When public security organs announce a residential surveillance decision, they shall inform the person place under residential surveillance that he must obey the following provisions:

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

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

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

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

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

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

Article 112: Public security organs may employ surveillance methods such as electronic surveillance and unscheduled inspections against persons under residential surveillance to carry out supervision of their adherence to the rules of residential surveillance. During the investigation period, they may monitor a suspect under residential surveillance's phone, fax, letters, post, internet and other communications.

Article 113: Where public security organs make a decision for residential surveillance, it is enforced by the police substation for the location of the person under residential surveillanc'es residence or the residence designated for him by police, the case-handling department may assist in enforcement. When necessary, the case-handling department may also be responsible for enforcement with the police substation or other departments assisting in enforcement.

Article 114: Where people's courts and people's procuratorates make a residential surveillance decision, the county level public security organ responsible for enforcement shall, within 24 hours of receiving the legal documents and relevant materials, notify the police substation for the person under residential surveillance's residence or the designated location to enforce it after confirming the person's identity and residence. When necessary, the people's court or people's procuratorate may assist in enforcement.

Article 115: The police station or case-handling department responsible for enforcing residential surveillance shall strictly supervise, check in on, and guarantee the safety of the person under residential surveillance.

Where the people's courts or people's procuratorates have made the residential surveillance decision, the conditions of its enforcement shall be promptly reported to the organ making the decision.

Article 116: Persons under residential surveillance who have a legitimate reason to leave their residence or the designated residence, or to meet with or communicate with others, shall get the permission of the responsible party at the police department or case handling department responsible for enforcing the residential surveillance.

Where people's courts and people's procuratorates make a residential surveillance decision, the police substation responsible for enforcement shall obtain the deciding organ's consent before giving approval for the person under residential surveillance to leave their residence or the designated location, as well as meeting or communicating with other persons.

Article 117: Where persons under residential surveillance have violated the rules they should obey, the public security organs shall follow the distinct situation to order the person to make a statement of repentance or give them an administrative punishement. Where the circumstances are serious, they may be arrested, and where arrest is necessary, they may first be taken into custody.

Where the people's courts or people's procuratorates made a residential surveillance decision and the person under residential surveillance violates the rules they should obey, the county level public security organ enforcing the residential surveillance shall promptly inform the organ that made the decision.

Article 118: During the period of residential surveillance, the public security organs must not suspend the case's investigation, and based on the changing case situation, shall promptly relieve the suspect under residential surveillance from residential surveillance or modify the compulsory measures.

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

Article 119: Public security organs deciding to remove residential surveillance shall draft a written decision on removal of residential surveillance upon approval from the responsible persons at a public security organ at the county level or above, and notify the enforcing police substation or case-handling department, the person under residential surveillance and relevant work-units.

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

 

Section 4: Custody

Article 120: Public security organs may first take suspects who are in the process of committing a crime or are major suspects into custody where they have any of the following circumstances:

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

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

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

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

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

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

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

Article 121: To take a suspect into custody, a written custody report shall be completed for superiors, and upon approval from the responsible persons at a public security organ at the county level or above, a custody warrant will be drafted. When taking a person into custody, and requesting that person sign their name and leave a fingerprint, they refuse to so sign or leave a fingerprint, the investigators shall make a note.

In emergency situations meeting the requirements of one of the circumstances listed in article 120 of this regulation, after suspects are taken to the public security organ, they shall be reviewed immediately and formalities completed..

Article 122: 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.

When they are taken into custody in a different region, the criminal suspect shall be delivered to the lockup for detention within in 24 hours of arriving in the jurisdiction.

Article 123: Except in circumstances where there is no way to give notice or in cases involving endangerment of state security or terrorist activities where notification would obstruct the investigation, a notification document shall be drafted within 24 hours of taking someone into custody and their family notified. The notification document shall clearly write the reason for the custody and the place of detention.

"No way to give notice" as provided for here applies the circumstances in Article 109, paragraph 2 of this regulation.

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

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

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

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

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

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

Article 124: Interrogation of persons taken into custody shall be interrogated within 24 hours of being taken into custody. Where it is discovered that they shouldn't be taken into custody, a written notification of release shall be drafted upon approval of the responsible persons at a public security organ at the county level or above, and on the basis of the written notification of release the detention center will give a proof of release to the person in custody and immediately release him.

Article 125: Where upon review it is found necessary to arrest a suspect who has been detained, a request shall be made to the people's procuratorate to review for approval of arrest within three days of taking the suspect into custody. In special circumstances, pon approval from the responsible persons at a public security at the county level or above, the time for submission of a request for review for arrest may be extended one to four days.

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

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

Article 126: Where a suspect does not state their true name and address, and their identity is unclear, an inquiry shall be conducted into their identity. Upon approval of the responsible persons at a public security organ at the county level or above, the period of arrest may be calculated beginning on the day their identity is clarified, but the criminal investigation and evidence gathering must not stop.

Suspects meeting the requirements for arrest, arrest approval may also be applied for using the name the person gave.

Article 127: After review of a suspect in custody, one of the following dispositions is made on the bases of the circumstances of the case and the approval of the responsible persons at a public security organ at the county level or above:

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

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

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

(4) In any of the circumstances provided in artice 183 of these Provisions; release the person in custody and give them a written proof of release; where administrative handling is necessary, handle it in accordance with law or transfer to the relevant department.

Article 128: Where people's procuratorates have decided to take a suspect into custody, a public security organ at the county level above shall draft a custody certificate and immediately execute it on the basis of the legal documents for custody sent by the people's procuratorate. When necessary, assistance may be requested from the people's procuratorate. After taking them into custody, the people's procuratorate shall be promptly notified.

Where the public security organs have not been able to capture a suspect, they shall notify the people's procuratorate that made the custody decsions of the enforcement circumstances and reasons the suspect has not been captured. Where the suspect is on the run, before the people's procuratorate revokes the custody decision, the people's procuratorate shall organize forces to continue enforcement.

 

Section 5: Arrest

Article 129: Where there is evidence proving the facts of the crime for which penalty of imprisonment or higher might be imposed, and where release on guarantee pending further investigation is insufficient to to prevent to following harms to society, it shall be submitted for approval of arrest:

(1) new crimes might be perpetrated;

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

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

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

(5) plan to commit suicide or escape.

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

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

Article 130: Having evidence proving the facts of the crime indicates simultaneously have the following circumstances:

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

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

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

"Criminal Facts" as used in the preceding clause may be the facts of a solitary criminal action or may also be the facts of any one of multiple criminal actions.

Article 131: In any of the following circumstances where a person released on guarantee pending further investigation violates the terms of the release on guarantee, arrest may be applied for:

(1) Suspected of carrying out other criminal conduct;

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

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

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

(5) attempts suicide or escape to avoid investigation ;

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

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

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

Article 132: If the person under residential surveillance violates the rules of the residential surveillance, and there are any of the following situations, it may be submitted for approval of arrest:

(1) Suspected of carrying out other criminal conduct;

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

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

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

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

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

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

Article 133: Where it is necessary to request the arrest of a criminal suspect, upon approval by the responsible persons at a public security organ at the county level or higher, a written request for approval of arrest shall be drafted and sent along with the case file materials and evidence to the people's procuratorate at the same level to review for approval of arrest.

Article 134: Where the people's procuratorate does not approve arrest and gives notification to supplement the investigation, public security organs shall supplement the investigation in accordance with the people's procuratorate's outline for supplementary investigation.

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

Article 135: Where the people's procuratorate does not approve arrest but has not explained the reason, the public security organ may request the people's procuratorate explain the reason.

Article 136: Where the people's procuratorate decides not to approve arrest, after the public security organs receive the written decision, if the suspect has been taken into custody, they shall be released immediately and given a written proof of release, and the enforcement receipt shall be sent to the people's procuratorate that made the decision to not approve prosecution.

Article 137: Where [public security organs] feel that the people's procruatorate's decision not to approve arrest was in error and requires a reconsideration, they shall draft a written opinion requesting a reconsideration within five days of receiving the written decision to not approve arrest, and after receiving the persmission of the responsible persons at a public security organ at the county level or above, send it to the people's procuratorate at the level above for reconsideration. If the opinion is not accepted, and it is felt that a review is required, a written opinion requesting review shall be drafted within five days of receiving the people's procurataorate's written reconsideration decision, and after reporting to the responsible persons at a public security organ at the county level or above for permission, send it to the people's procuratorate at the level above, along with the reconsideration decision from the same level procuratorate.

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

Article 138: After receiving the people's procuratorates written approval of arrest, an arrest warrant shall be drafted by the responsible persons at a public security organ of the county level or above, and immediately enforced, an an enforcement receipt sent to the people's procuratorate that made the decision to approve arrest. If it cannot be enforced, an enforcement receipt shall also be sent to the people's procuratorate explaining the reasons enforcement has not yet been made.

Article 139: When carrying out an arrest, the arrest warrant must be presented and the person being arrested instructed to sign it and leave a fingerprint. Where they refuse to sign or leave a fingerprint, the investigative staff shall make a note. After arrest, the arrested person shall be immediately delivered to the detention center for dentention.

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

Article 140: Interrogation of an arrested person must be conducted within 24 hours following arrest. Where it is discovered that there should not be an arrest, upon approval from the responsible persons at a public security organ at the county level or above, a written notice of release is drafted and delivered to the detention center and the people's procuratorate that originally decided on arrest. On the basis of the written notice, the detention center will immediately release the arrested person and give them a written proof of release.

Article 141 : After arrest of a suspect is enforced, except where there is no way no give notice, a written notification of arrest shall be drafted with 24 hours of arrest and notice given to the family of the arrested person. The arrest notification shall clearly state the reasons for the arrest and the place of detention.

"No way to give notice" as provided for here applies the circumstances in Article 109, paragraph 2 of this regulation.

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

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

Article 142: Where people's courts or people's procuratorates make the decision to arrest a suspect or defendant, a public security organ at the county level or above will draft an arrest warrant on the basis of the legal arrest documents from the people's court or people's procuratorate, and immediately enforce it. When necessary, they may request that the people's court or people's procruatorate assist in enforcement. After the arrest is enforced, the organ that made the decision shall be promptly notified.

Where the public security organs have been unable to capture a suspect or defendant, they shall notify the people's procuratorate or court that decided on the arrest of the enforcement situation and the reasons why capture was not possible. Where the suspect or defendant has is at large, the public security organs shall organize forces to continue enforcement until the people's procuratorate or court rescinds the arrest decision.

Article 143: Where a people’s procuratorate carrying out review for arrest discovers that there are unlawful circumstances in the public security organs' investigatory activities and notify the public security organ to rectify them, the public security organ shall investigate and verify the situations and promptly correct any unlawful circumstances in a timely manner, and inform the people's procuratorate of the corrections in writing.

 

Section 6: Detention

Article 144: Post-arrest Investigative detention of suspects must not exceed 2 months. Investigatory detention of a suspect following arrest must not exceed two months. Where the circumstances of a case are complicated and the investigation cannot be concluded within this period, a written opinion requesting an extension of the investigatory detention period shall be drafted , and upon approval by the responsible persons a public security organ at the county level or above, it shall be submitted to the procuratorate at the same level within seven days of the time period having been completed, and they will send it to the procuratorate at the level above for approval of an extension of one month.

Article 145 : Where investigation of the following cases cannot be concluded within the period provided by Article 144 of these Provisions, a written opinion requesting approval for an extension of the period of investigatory detention shall be drafted and, upon approval by the responsible persons at a public security organ at the county level or above, sent to the people's procuratorate at the same level within 7 days of the period being completed, and they will transfer it to the people's procuratorate at the provincial, autonomous region, directly controlled municipality, for approval of an extension of two months.

(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 146: Where a criminal suspect might be sentenced to a penalty of 10 years or more and the extended period in accordance with article 145 of these provisions is complete, but the investigation still cannot be completed, a written opinion for extension of the investigatory detention period shall be drafted and, upon approval by the responsible persons at a public security organ at the county level or above, sent to the people's procuratorate at the same level within seven days of the period being completed, to be reported to a people's procuratorate for the province, autonomous region or directly controlled municipality for approval of an re-extension of 2 months.

Article 147: Where it is discovered during the investigation period that a criminal suspect has additional important criminal conduct, the period of investigative detention shall be calculated anew beginning within five days of the discovery, and a written notification of new calculation of the period for investigative detention will be drafted and delivered to the detention center, and the people's procuratorate that approved the arrest decision will be notified for record in the case.

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

Article 148: Where a crime suspect does not state their real name or address, and their identity is unclear, an investigation into their identity shall be conducted. Upon approval by the responsible persons for a public security organ at the county level or above, the period for investigatory detention is calculated from the date on which their identity is clarified, but investigation and collection of evidence on their criminal conduct must not stop.

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

Article 149: On the basis of custody warrants and arrest warrants signed by public security organs, detention centers will detain suspects and defendants who have been taken in custody or arrested. When suspects or defendants are delivered to the detention center for detention, the detention center shall note the time that the suspect or defendant arrived at the detention center on the custody warrant or arrest warrant.

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

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

Article 150: Detention centers accepting suspects, defendants or convicts into detention shall conduct a health and body inspection and make a record.

Article 151: Detention centers accepting suspects, defendants or convicts into detention shall conduct a health and body inspection and make a record. Detention centers accepting suspects, defendants or convicts into detention shall conduct a safety inspection of their person and the possessions carried with them. On discovering contraband, criminal evidence or suspicious objects, a record shall be drafted and the persons being detained will sign it and leave a finger print, and it will be sent to the case handling organ for disposition.

Physical inspection of females shall be conducted by female staff.

Article 152: After a criminal suspect has been delivered for detention at the detention center, investigators conducting interrogation of him shall do so in the detention center's interrogation room.

 

 

Section 7: Other Provisions

Article 153: Where it is discovered during the period of ongoing questioning that a suspect needs to be take into custody, arrested, given release on guarantee pending further investigation or residential surveillance, the legal process shall be handled immediately.

Article 154: In the course of placing a suspect under custodial summons, taking them into custody, arresting them or escorting them, police restraints shall be utilized in accordance with law. Control equipment or weapons may be used in accordance with law when encountering violent resistance or violent criminal acts.

Article 155: The people's courts, people's procuratorates and public security organs shall immediately withdraw or change compulsory measures against a suspect or defendant, if it is discovered that its adoption was improper. Where the criminal suspect is detained, they shall be promptly released. Public security organs releasing an arrested person or changing arrest methods shall notify the people's procuratorate that approved arrest.

Article 156: Where after an arrest, the people's procuratorate feels that there is no need to continue detention and puts forward a procurators' opinion, the public security organ shall promptly conduct an investigation and verification, and where finding there is no need to continue detention, they shall release or modify compulsory measures against the suspect; where they find there is a need to continue detention, they shall explain the reasons.

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

Article 157: Criminal suspects or their legal representatives, close relatives, or defenders have the right to apply for a change in compulsory measures. Public security organs shall issue a decision within 3 days of receiving an application; where not consenting to modification of compulsory measures, it shall inform the applicant and explain the reasons.

Article 158: Where the time limit for the compulsory measure imposed on a suspect is complete, the public security organ shall release him, end release on guarantee, end residential surveillance, or modify the compulsory measures in accordance with law.

A criminal suspect, his legally-designated representative, close family members, or defenders have the right to request that a public security organ lift compulsory measures when the time limit for that compulsory measure is completed. A public security organ shall conduct a review and, if it is situation is verified, shall immediately terminate or modify the compulsory measures.

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

Article 159: Where release on guarantee pending further investigation is to be modified into residential surveillance, or release on guarantee or residential surveillance is to be modified into detention or arrest, the formalities for lifting the original compulsory measure are not to be completed.

Article 160: Where a case is transferred for review for indictment during the period which a suspect is released on guarantee or placed under residential surveillance, and the people’s procuratorate decides to newly release them on guarantee or newly place them under residential surveillance, or change the compulsory measure to a different one, the formalities for lifting the original compulsory measure are not to be completed.

Article 161: Where a public security organ places a deputy of a people’s congress at the county level or above under custodial summons, release on guarantee pending further investigation, residential surveillance, detention, or applies for approval of their arrest in accordance with law, it shall submit a written request for permission to the chairmen of the standing committee of the people’s congress to which the deputy belongs.

Article 162: Where a public security organ discovers that during the course of taking an offender caught committing a crime into custody is a deputy to a people’s congress at the county level or above, it shall immediately report this to the chairmen or the standing committee of the people’s congress to which the deputy belongs.

During the course of enforcing a custodial summons, release on guarantee pending further investigation, residential surveillance, detention, or arrest in accordance with law, where a public security organ discovers the person subjected to the enforcement is a deputy to a people’s congress at the county level or above, it shall suspend the enforcement and report this to the decision-making or authorizing agency. If it is discovered that the person is a deputy to a people’s congress at the county level or above after the enforcement, it shall be immediately lifted and this shall be reported to the decision-making or authorizing agency.

Article 163: Where a public security organ places a deputy from a village, minority village or township people's congress under custodial summons, release on guarantee pending further investigation, residential surveillance, detention, or enforces an arrest in accordance with law, it shall immediately notify the people's congress to which he belongs, after enforcement begins.

Article 164: Where a public security organ places a member of a political consultative committee under custodial summons, release on guarantee pending further investigation, residential surveillance, detention, or enforces an arrest in accordance with law, this circumstance shall be reported to the political consultative organization to which the member belongs..

Article 165: Before detaining or arresting a political consultative committee member in accordance with law, a public security organ shall report the situation to the political consultative organization to which the committee member belongs; if the circumstance are urgent, the report may be made at the same time as the enforcement or immediately after enforcement.

 

Chapter VII: Case Filing and Acceptance

Section 1: Case Acceptance

Article 166: Where citizens' turn someone in, make a report, accusation or whistle blower report, or where a criminal voluntarily gives themselves up, public security organs shall promptly accept it, inquire into the circumstances, and draft a record; upon confirming that their are no mistakes, the person turning someone in, making a report, accusations, whistleblower complaint or turning themselves in will sign their name and leave thumb print. When necessary, an audio or audio-visual recording shall be made.

Article 167: Where a citizen turning someone in, making a report, accusation or whistle blower report, or gives themselves up provides relevant materials that should be registered, the public security organs shall draft a list of evidentiary materials received, and have this signed by the person turning someone in, making a report, accusation or whistle-blower report, or turning themselves in. When necessary, pictures shall be taken or an audio or audio-visual recording made and properly safeguarded.

Chapter 168: When public security organs receive a case, they shall make a registration form and issue confirmation receipts.

Article 169 : Public security organs 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 discrepancies or is a wrongful accusation, a sharp distinction must be drawn between it and lodging a false charge.

Article 170 : Public security organs shall insure the safety of the person turning someone in, making a report, accusation or whistle-blower report, and that of their close relatives.

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

Article 171: The public security organs shall quickly conduct an investigation of cases they accept or criminal leads they discover.

Where in the course of investigation it is discovered that case facts or leads are unclear, when necessary, upon the approval of the department's responsible persons, a preliminary investigation may be conducted.

In the course of preliminary investigations, the public security organs may, in accordance with relevant laws and regulations, employ methods that do not limit the person being investigated's rights in their person or property, such as questioning, making inquiries, inquests evaluations or gathering evidence.

Article 172: In cases where upon review, it is found that there are facts of a crime, but that it does not fall within one's own jurisdiction, it shall be promptly reported to a public security organ at the county level or higher for approval by the responsible persons, a notice of case transfer shall be drafted and it shall be be transferred to an organ with jurisdiction for handling.

For those that are not within one's own jurisdiction but where emergency measures must be taken, the emergency measures shall be taken and then complete the formalities and transfer to the principle organ.

Article 173: Upon review, in cases requiring an complaint before handling, the public security organs shall notify the party to raise a suit with the people's courts.

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

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

Article 174 : Those that upon review are not sufficient for criminal punishment and must be given administrative dispositions , are handled in accordance with law or transferred to the relative departments.

 

Section 2: Opening a Case

Article 175 : After the public security organ has received a case, and upon review finds that there are criminal facts,that criminal liability needs to be pursued, and that the case falls within their jurisdiction; it will file the case upon approval from the responsible person at a public security organ at the county level or higher. Where it is found that there are no facts of a crime or that the criminal facts are clearly minor and do not need to be pursued for criminal liability, or where there are other circumstances whereby it doesn't need to be pursued for criminal liability in accordance with law, the case is not filed upon approval of a the responsible person at a public security organ at the county level or above.

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

Article 176 : Where the accuser does not accept the decision to not file the case, he may apply to the public security organ making the decision within 7 days of receiving the notice of non-filing for a reconsideration; the public security organ shall make a decision within 7 days of receiving the application for a reconsideration and notify the accuser in writing.

Where the accuser is not persuaded by a reconsideration decision to not file a case, he may request a review by the public security organ at the level above within 7 days of receiving the written reconsideration decision; and the public security organs at the level above shall make a decision within 7 days of receiving the request for a review. Where higher level public security organs withdraw the decision to not file a case, the lower public security organs shall enforce this.

Article 177 : The public security organs shall conduct a review of cases transferred by administrative enforcement organs within 3 days of receiving them, and where finding that there are facts of crime that need to be pursued for criminal liability and deciding to file a case in accordance with law, shall notify the transferring administrative enforcement organ in writing. Where it is found that there are no criminal facts, or that the crime is clearly minor and it is not necessary to pursue criminal liability, and a case is not filed, the reason shall be explained and a written notice of non-filing sent to the administrative enforcement organ transferring the case, and the corresponding case materials returned.

Article 178: In the transferring administrative law enforcement organ is not persuaded by the decision to not file a case, it may apply for a reconsideration to the public security organ making the decision within 3 days of receiving the written non-filing notice. public security organs shall make a decision within 3 days of receiving an administrative law enforcement organ's application for reconsideration and notify the administrative law enforcement organ that transferred the case .

Article 179: In cases where the people's procuratorate requests an explanation of reasons for not filing the case, public security organs shall, within 7 days of receiving written notice, issue a written explanation of the circumstances, basis, and reasons for not filing the case in response to the people's procuratorate. Public security organs deciding to file a case shall send a copy of the decision to file the case to the people's procuratorate.

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

Article 180: Where the people's procuratorates find that public security organs should file a case but have not, and issue a corrective opinion, the public security organs shall conduct an investigation and verification and report the circumstances in response to the people's procuratorate.

Article 181: In cases where upon filing and investigation it is found that there are facts of crime that needs to be pursued for criminal liability, but is not within one's own jurisdiction or needs to be joined with a case investigated by another public security organ , then upon approval by the responsible party at public security organs at the county level or above, a written notice of case transfer is drafted and sent to the public security organ with jurisdiction or that is investigating a case to be joined; and within 3 days of transferring the case, the criminal suspects' families will be notified in writing.

Article 182: When cases' jurisdiction is modified or transferred to other public security organs for joint investigation with another case, then property related to the case and its proceeds or documentation is transferred with the case.

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

 

Section 3: Withdrawing Cases

Article 183: Where upon investigation any of the following situations is discovered, the case shall be withdrawn:

(1) There are no criminal facts;

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

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

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

(5) The criminal suspect has died;

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

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

Article 184: Where it is necessary to withdraw a case or to terminate the investigation of criminal suspects, the case handling departments shall draft a written case withdrawal or termination of suspect investigation report, and report to the responsible persons at a public security organ at the county level or above for approval.

When public security organs decide to withdraw a case or terminate investigation of suspects and the former suspects are detained , they shall immediately be released, and given a written proof of release. Where the former suspects have been arrested, the people's procuratorate that originally approved the arrest shall be notified. Where other compulsory measures have been employed against the former suspect, those compulsory measures shall be immediately removed; and where administrative dispositions are required, so handle the case or transfer to the relevant departments.

Property that has been sealed or seized, as well as its proceeds and documentation , or assets that have been frozen, shall be released from the sealing , seizing, or freezing except as otherwise provided by law.

Article 185: After public security organs make a decision to withdraw a case, they shall inform the former suspect, the victims or their relatives, and the legal representatives within 3 days, as well as the organ to which the case is transferred.

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

Article 186: Where after withdrawing a case, public security organs discover new facts or evidence and fell that there are facts of a crime that needs to be pursued for criminal liability, they shall file the case anew and investigate.

Where after the investigation of a criminal suspect is terminated, new facts or evidence are discovered, and it is felt that there are facts of a crime that needs to be pursued for criminal liability, the investigation shall continue.

 

Chapter VIII: Investigation

Section 1: Ordinary Provisions

Article 187: Public security organs shall promptly conduct an investigation of cases that have already been filed and comprehensively and objectively gather and collect evidence materials showing the suspects' guilt or innocence, and the lightness or seriousness of the crime.

Article 188: In cases where upon investigation, there is evidence showing criminal facts, the public security organs shall conduct a pretrial review of the evidence which has been gathered or collected reviewing and verifying its authenticity,lawfulness and evidentiary force.

Article 189: Public security organs investigating crimes shall strictly follow the requirements of legal provisions and procedures in adopting compulsory measures and investigative measures, strictly prohibiting the imposition of compulsory measures or investigative measures on a criminal suspect based only on suspicion but without any evidence.

Article 190: Public security organs investigating crimes which touch upon state secrets, commercial secrets or personal privacy shall preserve their confidentiality.

Article 191: Parties, their defenders, agents ad litem, or interested parties have the right to make a complaint or accusation regarding public security organs and their investigators in any of the following situations.

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

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

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

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

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

Public security organs accepting complaints or accusations shall promptly conduct an investigation and verification, and make a decision within 30 days of receiving the complaint or accusation, and respond to the complainant or accuser in writing. Where it is discovered that public security organs or their investigators had any of the above mentioned conduct, it shall be immediately corrected.

Article 192: Where higher level public security organs discover that unlawful conduct as provided for in article 191 of these Provisions has occurred in a a lower level public security organ, it shall immediately order the lower level public security organ to make corrections within a fixed time, and the lower level public security organ shall immediately carry this out. When necessary, the higher level public security organs may directly make a disposition decision as to complaints and accusations.

Section 2: Interrogating Criminal Suspects

Article 193: Where there is no need to arrest or take a criminal suspect into custody, a public security organ may, upon approval of the responsible party at the case-handling department, summon him to a designated location in the city or the county where he resides to conduct interrogation or do so at his place of residence.

Article 194: When summoning criminal suspects, the summons order and investigation personnel's work identification shall be presented, and they shall be told to sign and leave a fingerprint on the summons.

After the criminal suspect appears in the case, he shall fill in the time of the appearance on the summons. After the interrogation concludes, he shall fill in the time that the summons concluded on the summons. Where the suspect refuses to write this on the summons, investigative personnel shall make a notice of this on the summons.

Investigative personnel may orally summon suspects discovered at the scene upon presentation of their work identification, and inform the person being summoned of the reasons and legal basis for the summons. The method by which the criminal suspect was brought into the case shall be noted in the interrogation record and the criminal suspect shall note the time of his appearance and the time the summons ended.

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

Article 195: The period of a summons shall not continue beyond 12 hours. Where a case is especially major or complicated and it is necessary to use the measures of custody or arrest, then upon the approval of the responsible person at the case handling department, the period of a summons must not continue beyond 24 hours. A criminal suspect must not be detained through a series of summons.

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

Article 196: Summons, custodial summons, and interrogation of suspects shall ensure the suspects' food, drink and necessary time for sleep, and record this in the case.

Article 197: Interrogation of criminal suspects must be conducted by investigators. When interrogating, there must not be less than 2 investigators.

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

Article 198: When investigators interrogate criminal suspect, they shall first as whether the suspect has committed a crime and inform the suspect of legal provisions holding that truthfully recounting one's criminal acts may get a lenient or commuted punishment, and let them describe the circumstances of their guilt or explain their innocence, then ask other questions.

Criminal suspects shall truthfully answer investigators questions. But they have the right to refuse to answer questions that are not not relevant to the case.

The first interrogation shall clearly ask after circumstances such as the suspect's full name, aliases, previously used names, date of birth, household registration location, current residence, place of origin, birthplace, ethnicity, profession, education level, family situation, work experience and background, and whether they are a people's representative or a member of a political consultative committee and whether they have previously received a criminal penalty or an administrative disposition.

Article 199: Interrogation of deaf or mute suspects shall have persons who understand deaf-mute signs participate, and the circumstance of the suspect being deaf or mute is noted in the record as well as the translators' names, work units and profession.

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

Article 200: Investigators shall truthfully and clearly enter the questions and the suspects' confessions or explanations in the record. The interrogation record should be made in a material that can sufficiently preserve text.

Article 201: The interrogation record shall be given to the suspect for review or be read to them. If there are omissions or errors in the record, the suspect shall be allowed supplement or correct it, and affix a fingerprint. After the record has been verified as accurate by the criminal suspect, they shall sign each page and affix a fingerprint, and on the last page write, "I have read the above record (or had it read to me), and it conforms to my statements." Where they refuse to sign or affix a fingerprint, the investigators shall note this in the record.

All items listed in the interrogation record be written out completely in accordance with provisions. Investigators and interpreters shall sign the interrogation record.

Article 202: Where suspects request to personally write a statement , it shall be permitted; and when necessary, investigators may request that the suspect write out their own statement. Suspects shall sign every page of their own written statements and leave a fingerprint. After investigators receive it, they shall clearly write in the upper right area of the front page, "received on X year, X Month X date" and sign their names.

Article 203: In addition to a written records of the interrogation of suspects, an audio or visual recording may be made of the interrogation process. In cases that may receive a sentence of indefinite imprisonment or death, or in cases of other other major crimes, an audio or visual recording shall be made of the entire process.

" Cases which might receive a sentence of indefinite imprisonment or death" as used in the provisions of the previous clauses, refers to cases where the applicable statutory sentence or sentencing grad includes indefinite imprisonment or death. "Cases of other major crimes" refers to cases of crimes that cause serious injury or death, seriously threaten public safety, seriously violate citizen's physical rights, as well as mafia-type organized crimes, serious drug crimes and other major intentional crimes.

Where an audio or video recording is made of interrogations, it shall be of the full course of each interrogation without interruptions and its integrity preserved. It must not be selectively recorded and must not be spliced or edited.

Article 204: Public security organs shall earnestly review and verify facts in the suspect's statements showing a crime, innocence or the lightness of the offense and defenses or counter-proofs, as well as any evidence provided by the suspect that shows their own innocence or the lightness of the crime. All relevant evidence, regardless of whether it is accepted as true, shall be accurately recorded, properly kept, and included in the case file along with the review and verification.

 

Section 3: Interviewing witnesses and victims

Article 205: The questioning of witnesses and victims may be conducted at the scene and may also be conducted at the witnesses' or victims' workplace or residences, or at a place proposed by the witnesses or victims. When necessary, witnesses or victims may be notified to go to public security organs to provide testimony.

Questioning of witnesses and victims shall be conducted individually.

Investigators shall show their work identification when questioning witnesses or victims at the scene. Questioning of witnesses or victims at their workplace, residence or at a place proposed by the witness or victim shall be upon permission of the responsible person at the case handling department, and a written notice of questioning drafted. Before questioning, investigators shall present the notice of questioning and work identification.

Article 206: Before questioning, the identity of the witness or victim, and the relationships between witnesses, suspects and victims, should be understood. When questioning, the witness or victim shall be informed that they must truthfully provide evidence and testimony, and of the legal responsibility borne for intentionally giving false evidence or concealing evidence of a crime.

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

Article 207: The provisions of articles 201 and 202 of these Provisions apply also to the questioning of witnesses and victims.

 

Section 4: Crime Scene Investigation and Examination

Article 208: Investigators shall conduct an inquest or examination of sites, objects, persons and bodies related to the case, promptly extracting and collecting prints, physical evidence, biological samples and others related to the case. When necessary, they may assign or hire persons with specialized knowledge to conduct inquests or inspections as presided over by the investigators.

Article 209: The police sub-station, patrol police and other departments at the place where the crime occurred shall properly preserve the crime scene and evidence, control the suspects and immediately report to the public security organ department with primary responsibility.

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

Article 210: Public security organs conducting inquests of a crime scene must not have less than two people. When performing the inquest, citizens with no connection to the case should be invited to be authenticating witnesses.

Article 211: Inspections of the scene shall take photos , draft maps of the site, and make records, and have the participants in the inspection and the witnesses sign. Major crime scenes shall be video-taped.

Article 212: 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.

When the suspect refuses an inspection collection or extraction, but investigators feel it is necessary, upon the permission of the responsible party at the case-handling department, they may compel the inspection, collection or extraction.

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

A record shall be kept of the inspection and signed by the investigators participating in the inspection, procuratorate personnel, the person subject to inspection and witnesses. Where the person subject to inspection refuses to sign, investigators shall note this in the record.

Article 213: To determine the cause of death, with the approval of the responsible person at a public security organ at the county level or above, an autopsy may be conducted, and the decedent's family notified to appear and have them sign the autopsy notice.

Where the decedent's family refuses to appear or refuses to sign without legitimate reason, investigators shall not this on the autopsy notice. Where the identity of a body is unclear so it is not possible to notify the decedent's family, this shall be noted in the record.

Article 214: For bodies where the cause of death has already been determined and it is not necessary to continue preserving them, the family shall be notified to retrieve it, and where there is no way to notify family or where families refuse retrieval, with the approval of the responsible person at a public security organ at the county level or above, it may be disposed of immediately.

Article 215: Where after public security organs conduct an inquest or inspection, the people's procuratorate requests an re-inquest or re-examination, the public security organs shall conduct conduct a re-inquest or re-examination, and may notify the people's procuratorate to assign someone to participate.

Article 216: When necessary to clarify case facts, with the approval of the responsible person at a public security organ at the county level or above, investigative experiments may be conducted.

An investigative experiment record shall be drafted on the process and results of investigative experiments, and the experiment participants will sign it. When necessary, an audio or audio-visual recording shall be made of the investigative experimental process .

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

 

Section 5; Searches

Article 217: In order to collect evidence of a crime and catch the perpetrator, upon approval by the responsible persons at a public security organ at the county level or above , investigators may search the body, items, residence and other relevant places of suspects who might be hiding evidence of a crime or criminals.

Article 218: In conducting a search, a search warrant must be presented to the person subject to the search, and the search must not be conducted by less than 2 persons.

Article 219: Where encountering any of the following emergency situations while taking someone into custody or implementing an arrest, a search may be conducted without a search warrant:

(1) might be carrying a weapon;

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

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

(4) Might conceal other suspects;

(5) Other suddenly occurring emergency situations.

Article 220: When conducting a search, the person subject to the search or their families, neighbors or other authenticating witnesses shall be present.

Public security organs may request request that units or individuals hand over physical evidence, written evidence, audio-visual materials or other evidence that can show that the criminal suspects are guilty or innocent. Where obstructions to search are encountered, investigators may compel the search.

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

Article 221: A record shall be made of the search conditions and signed by the investigators and the person subject to the search or his family, neighbors or other authenticating witnesses.

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

 

Section 6: Sealing and Seizure

Article 222: Property and documents discovered during investigative activities which might be used to show that the suspect is guilty or innocent shall be sealed or seized, but property and documents which have no connection with the cases must not be sealed or seized.

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

Article 223: Where it is necessary to seize property or documents during the investigative process, it shall be done upon the approval of the responsible person at the case-handling department and a written decision to seize shall be drafted; Where it is necessary to seize property or assets on site during an inspection or search, the directors at the scene shall make the decision, however, where the property is highly valuable or might seriously impact regular business, it shall be done with the approval of the responsible person at a public security organ at the county level or above and a written seizure decision drafted.

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

Article 224: Implementation of sealing or seizure must not be done by less than two investigators and they will present the relevant legal documents provided for in articles 223 of these provisions.

A record shall be made of sealing or seizures, to be signed by the investigators and persons in possession of the property. Where it is not possible to determine the possessor, or the possessor refuses to sign, investigators shall note this in the record.

Article 225: Assets or documents that are sealed or seized shall be clearly inventoried triplicate at the scene together with witnesses or the persons in possession of the assets or documents that are being seized and sealed; clearly stating the name, code number, quantity characteristics and source of the items; and the investigators, witnesses and person holding the items shall sign the list, with one copy being given to the person in possession of the items, one being given to custodian at the public security organ, and one copy being placed in the file for future reference.

Where it is not possible to determine the possessor, or the possessor of assets or documents refuses to sign, investigators shall note this in the list.

Where artifacts, gold and silver, jewelry, precious paintings and other such valuables are seized in accordance with law, pictures or video shall be taken, and they shall be promptly appraised and valuated.

Article 226: After assets or documents that are evidence of the crime, but inconvenient to collect, have been registered, photographed or videoed, and assessed, they may be given to the person in possession of the asset or document for safekeeping or sealing, and issue two identical copies of a storage registration list, signed by the investigators, possessors and authenticating witnesses, with one copy going to the person in possession of the assets or documents, and the other copy being attached to the case file for future reference along with the photos or recordings. The asset or document holder shall appropriately look after it, and must not transfer, sell, or destroy it.

Article 227: The seizure of criminal suspects' mail, e-mail, or telegram, shall be upon approval by the responsible person for a public security organs at the county level or above, and have a written notice of seizure of mail or telegram drafted, and notice given to the postal communications department or network services unit to make the seizure.

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

Article 228: Within three days of clarification that they are unrelated to the case, sealed or seized property, documents, mail, emails, or telegrams, shall be release from the sealing or seizure and returned to the original owner or the original postal and communications department or network services unit; and where it isn't clear who the original owner is, a public announcement shall be used to notify the original owner to collect it. Where after notifying the original owner or making a public announcement, nobody has claimed it within six months, handle it as owner-less property and hand it over to the national treasury after registering it.

Article 229: Where victims' lawful rights to assets and their yields are clear and uncontested, and involve criminal facts that have already been clarified, they shall be promptly returned after being registered, photographed or videoed and assessed; and a note is to be made in the case file as to the reasons for return, and the photographs and list of the original items, and the paperwork for the victims' receipt, are to be put in the case file for future reference.

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

Article 230: The public security organs shall properly store and verify sealed and seized assets, their yields, and documents. They must not be used, exchanged, destroyed, or handled without authorization by any unit or individual.

Based on the specific circumstances, perishable goods and other assets that are not easily stored may, upon approval of the responsible person for a public security organ at the county level or above, be entrusted to the relevant departments for sale or auction after they have been photographed or videoed, with the proceeds from the sale or auction temporarily deposited and handled after the conclusion of litigation.

Contraband shall be dealt with in accordance with the relevant national provisions; and where it is necessary to use it as evidence, it shall be dealt with after the litigation is concluded.

 

Section 7: Inquiries and Freezing

Article 231: Where public security organs find it is necessary, they may inquire into or freeze deposits, remittances, bonds, stocks, fund shares, and other property of criminal suspects in accordance with relevant legal provisions; and may require that relevant units and individuals cooperate.

Article 232: Inquiries to financial institutions and other such units about suspects' deposits, remittances, bonds, stocks, fund shares and other such assets shall be upon approval of the responsible persons for public security organs at the county level or above, have a written notification to assist in inquiries into assets notifying the financial institutions or other unit to implement it.

Article 233: 需要冻结犯罪嫌疑人在金融机构等单位的存款、汇款、债券、股票、基金份额等财产的,应当经县级以上公安机关负责人批准,制作协助冻结财产通知书,通知金融机构等单位执行。

Article 234: 不需要继续冻结犯罪嫌疑人存款、汇款、债券、股票、基金份额等财产时,应当经县级以上公安机关负责人批准,制作协助解除冻结财产通知书,通知金融机构等单位执行。

Article 235: 犯罪嫌疑人的存款、汇款、债券、股票、基金份额等财产已被冻结的,不得重复冻结,但可以轮候冻结。

Article 236: 冻结存款、汇款等财产的期限为六个月。冻结债券、股票、基金份额等证券的期限为二年。有特殊原因需要延长期限的,公安机关应当在冻结期限届满前办理继续冻结手续。每次续冻存款、汇款等财产的期限最长不得超过六个月;每次续冻债券、股票、基金份额等证券的期限最长不得超过二年。继续冻结的,应当按照本规定第二百三十三条的规定重新办理冻结手续。逾期不办理继续冻结手续的,视为自动解除冻结。

Article 237: 对冻结的债券、股票、基金份额等财产,应当告知当事人或者其法定代理人、委托代理人有权申请出售。

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

Article 238: 对冻结的存款、汇款、债券、股票、基金份额等财产,经查明确实与案件无关的,应当在三日以内通知金融机构等单位解除冻结,并通知被冻结存款、汇款、债券、股票、基金份额等财产的所有人。

 

Section 8: Evaluations

Article 239: So as to clarify the case circumstances and resolve certain specialized problems in a case, persons with specialized knowledge shall be appointed or hired to conduct an appraisal.

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

Article 240: Public security organs provide expert evaluators with what they require to conduct an appraisal, and promptly give the expert evaluators the relevant materials for review, comparative samples and other such original materials, and explain the situation to the expert evaluators and clearly pose the question to be resolved through appraisal.

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

Article 241: Investigators shall do the work of safeguarding and delivering appraisal materials well, and note the persons responsible for each link and ensure the consistency of the materials during the links and that they are not adulterated.

Article 242: Expert evaluators shall follow rules for appraisals and use scientific methods to independently conduct appraisals. After the appraisal they shall issue an appraisal opinion, and sign their name to it, and at the same time attach the credentials of the evaluator and appraisal organization or other proof documents.

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

Article 243: Where multiple people participate in the appraisal, and the appraisal opinions are not the same, this shall be noted.

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

Article 244: Where criminal suspects or victims have objections to the an evaluation opinion and raise an application, and also where the case handling department or the investigators have doubts about the evaluation opinion, the evaluation opinion may be sent to other people with expert knowledge for their opinions. When necessary, question the evaluator and record this in the case.

Article 245: Where upon review any of the following circumstances are discovered, with the approval of the responsible person at a public security organ at the county level or above, the evaluation shall be supplemented:

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

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

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

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

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

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

Article 246: Where upon review any of the following situations is discovered, with the approval of the responsible person at a public security organ at the county level or above, a new evaluation shall be had:

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

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

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

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

(5) The evaluated materials were false or damaged;

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

New identifications shall separately assign or hire an evaluator.

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

Article 247: Where prosecutors and parties or defenders and agents ad litem have objections to the evaluation opinion, upon notice from the people's court in accordance with law the public security organs' evaluator shall appear in court to testify.

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

Article 248: The time for mental illness evaluations of suspects is not calculated into the time limits for case-handling, but other evaluations are all calculated into the case handling time limits.

 

Section 9: Identifications

Article 249: When necessary for clarifying case circumstances, investigators may have victims, witnesses or suspects conduct an identification of items, documents, bodies, places or suspects.

Article 250: investigators shall preside over the conduct of identifications. The number of investigators presiding over an identification must not be less than two persons.

When several indentifying persons are all identifying the same target, the identifiers shall do their identifications separately.

Article 251: When making an identification, the target of the identification shall be mixed in with targets having similar characteristics, and there must be no hints of any kinds given to the identifier. When identifying a suspect, the number of persons being identified [in the line-up etc.] must not be less than seven; where the identification is of a suspect's photo, there must be at least 10 people's photos; and when identifying objects, there must be at least 5 objects with similar characteristics in the mix.

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

Article 252: When conducting identifications of criminal suspects where the identifying party is unwilling to proceed openly, they may be carried out in conditions that do not reveal the identifying party and shall protect their confidentiality.

Article 253: An identification record shall be drafted of the identification and its results, and the investigators, identifier, and witnesses to the identification will sign it. When necessary, an audio or video recording of the identification process should be made.

 

Section 10: Technical Investigation

Article 254: After filing a case, public security organs may,as needed for the case, employ technological investigative measures in cases of the following crimes seriously harming the social order.

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

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

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

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

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

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

Article 255: Technological investigative measures refers to monitoring records, whereabouts, communications, and locations and other measures carried out by a the community's municipal level or higher public security organ's department responsible for technological investigations.

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

Article 256: Where it is necessary to employ technological investigative measures, a written report petitioning for employment of technological investigative measures shall be drafted for approval by the responsible person at the community's municipal level or higher public security organ, and a written decision on use of technological investigative measures drafted.

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

Article 257: Decisions approving the use of technological investigative measures are valid for three months from their issuance.

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

Where in a complicated or difficult case the effective period for employing technological investigative measures is complete but it is still necessary to employ technological investigative measures, after review by the department responsible for the technological investigation, report to the responsible persons for approval and drafting of written decision on extending the effective period for employment of technological investigative measures.

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

Article 258: Technical investigative measures must be carried out in strict accordance with the type, target and time limits set out in the approval.

Where during the effective period, it is necessary to modify the type technological investigative measures or the applicable targets, the approval formalities in article 256 of these Provisions shall be completed anew.

Article 259: Materials gathered by through investigative measures in accordance with this section may be used as evidence in criminal prosecutions. Where debate at court of evidence gathered by employing technical investigation measures might endanger relevant persons' physical safety or cause other serious consequences, protective measures such as not disclosing the relevant persons' identities or not disclosing the technical investigation measures and methods, shall be employed.

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

Article 260: Materials gathered through technological investigation measures shall be kept strictly in accordance with the relevant provisions and used only in criminal investigations, prosecutions and trials, and must not be used for other purposes.

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

Article 261: Investigators who become aware of state secrets, commercial secrets, or private personal information during the course of employing technical investigative measures shall preserve their secrecy.

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

Article 262: When necessary to clarify case facts.investigators or other persons designated by the public security organs may conceal their identity to carry out investigations with the permission of the responsible person at a public security organ at the county level or above.

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

Article 263: 对涉及给付毒品等违禁品或者财物的犯罪活动,为查明参与该项犯罪的人员和犯罪事实,根据侦查需要,经县级以上公安机关负责人决定,可以实施控制下交付。

Article 264: 公安机关依照本节规定实施隐匿身份侦查和控制下交付收集的材料在刑事诉讼中可以作为证据使用。

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

 

Section 11: Statistics

Article 265: 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 the county level or above may directly release wanted bulletins within their own jurisdictional regions, those going beyond their jurisdictional regions shall be reported up to a public security organ at a higher level that has authority to make a decision, for release.

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

Article 266: 通缉令中应当尽可能写明被通缉人的姓名、别名、曾用名、绰号、性别、年龄、民族、籍贯、出生地、户籍所在地、居住地、职业、身份证号码、衣着和体貌特征、口音、行为习惯,并附被通缉人近期照片,可以附指纹及其他物证的照片。除了必须保密的事项以外,应当写明发案的时间、地点和简要案情。

Article 267: 通缉令发出后,如果发现新的重要情况可以补发通报。通报必须注明原通缉令的编号和日期。

Article 268: 公安机关接到通缉令后,应当及时布置查缉。抓获犯罪嫌疑人后,报经县级以上公安机关负责人批准,凭通缉令或者相关法律文书羁押,并通知通缉令发布机关进行核实,办理交接手续。

Article 269: 需要对犯罪嫌疑人在口岸采取边控措施的,应当按照有关规定制作边控对象通知书,经县级以上公安机关负责人审核后,层报省级公安机关批准,办理全国范围内的边控措施。需要限制犯罪嫌疑人人身自由的,应当附有关法律文书。

紧急情况下,需要采取边控措施的,县级以上公安机关可以出具公函,先向当地边防检查站交控,但应当在七日以内按照规定程序办理全国范围内的边控措施。

Article 270: 为发现重大犯罪线索,追缴涉案财物、证据,查获犯罪嫌疑人,必要时,经县级以上公安机关负责人批准,可以发布悬赏通告。

悬赏通告应当写明悬赏对象的基本情况和赏金的具体数额。

Article 271: 通缉令、悬赏通告应当广泛张贴,并可以通过广播、电视、报刊、计算机网络等方式发布。

Article 272: 经核实,犯罪嫌疑人已经自动投案、被击毙或者被抓获,以及发现有其他不需要采取通缉、边控、悬赏通告的情形的,发布机关应当在原通缉、通知、通告范围内,撤销通缉令、边控通知、悬赏通告。

Article 273: 通缉越狱逃跑的犯罪嫌疑人、被告人或者罪犯,适用本节的有关规定。

 

Section 12: Conclusion of Investigation

Article 274: A case in which investigation is concluded shall meet the following requirements at the same time:

(1)the facts of the case are clear;

(2)the evidence is credible and sufficient;

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

(4)the legal formalities are completed;

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

Article 275: In cases where the investigation is complete, the investigators shall draft a case closure report.

The case closure report shall include the following:

(1) The criminal suspects' basic situation;

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

(3)The facts of the case and evidence;

(4)the legal basis and opinions on disposition.

Article 276: The disposition of cases in which the investigation has concluded is made with the approval of the responsible person at a public security organ at the county level or above; major, complicated or difficult cases shall be collectively discussed.

Article 277: After investigation is concluded, all the case file materials shall be bound and file in accordance with requirements.

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

Article 278: Where suspects' property and its proceeds or documents that have been sealed or seized, or assets that have been frozen, are used as evidence, they shall be transferred with the case, and two identical copies drafted of a list of list of items sent with the case, one copy to be kept, one to be given to the people's procuratorate.

对于实物不宜移送的,应当将其清单、照片或者其他证明文件随案移送。待人民法院作出生效判决后,按照人民法院的通知,上缴国库或者依法予以返还,并向人民法院送交回执。人民法院未作出处理的,应当征求人民法院意见,并根据人民法院的决定依法作出处理。

Article 279: 对侦查终结的案件,应当制作起诉意见书,经县级以上公安机关负责人批准后,连同全部案卷材料、证据,以及辩护律师提出的意见,一并移送同级人民检察院审查决定;同时将案件移送情况告知犯罪嫌疑人及其辩护律师。

Article 280: 共同犯罪案件的起诉意见书,应当写明每个犯罪嫌疑人在共同犯罪中的地位、作用、具体罪责和认罪态度,并分别提出处理意见。

Article 281: 被害人提出附带民事诉讼的,应当记录在案;移送审查起诉时,应当在起诉意见书末页注明。

Article 282: Where the people's procuratorate makes a decision to not prosecute, if the criminal suspect is in custody, the public security organs shall immediately complete formalities for release, and promptly release seals, seizure, and freezing of assets on the basis of the people's procuratorate's written notification to do so.

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

Article 283: Where it is felt that a people's procuratorate's decision to not prosecute is in error, an opinion requesting a reconsideration shall be drafted within seven days of receiving the written decision to not prosecute, and upon approval from the responsible persons at a public security organ at the county level or above, it is to be transferred to the people's procuratorate at the same level for reconsideration.

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

 

Section 13: Supplementary Investigation

Article 284: 侦查终结,移送人民检察院审查起诉的案件,人民检察院退回公安机关补充侦查的,公安机关接到人民检察院退回补充侦查的法律文书后,应当按照补充侦查提纲在一个月以内补充侦查完毕。

Only two supplementary investigations may be conducted.

Article 285: 对人民检察院退回补充侦查的案件,根据不同情况,报县级以上公安机关负责人批准,分别作如下处理:

(一)原认定犯罪事实清楚,证据不够充分的,应当在补充证据后,制作补充侦查报告书,移送人民检察院审查;对无法补充的证据,应当作出说明;

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

(三)发现原认定的犯罪事实有重大变化,不应当追究刑事责任的,应当重新提出处理意见,并将处理结果通知退查的人民检察院;

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

Article 286: 对于人民检察院在审查起诉过程中以及在人民法院作出生效判决前,要求公安机关提供法庭审判所必需的证据材料的,应当及时收集和提供。

 

Chapter IX: Enforcement of Penalties

Section 1: Transfer of Convicts

Article 287: 对被依法判处刑罚的罪犯,如果罪犯已被采取强制措施的,公安机关应当依据人民法院生效的判决书、裁定书以及执行通知书,将罪犯交付执行。

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

Article 288: Convicts sentenced to controlled release, declared under a suspended sentence, paroled or temporarily serving their sentence outside of prison, with the community corrections organization responsible for implementation.

Article 289: 公安机关接到人民法院生效的判处死刑缓期二年执行、无期徒刑、有期徒刑的判决书、裁定书以及执行通知书后,应当在一个月以内将罪犯送交监狱执行。

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

Article 290: Where convicts sentenced to a fixed-term of imprisonment have less than three months remaining before they are transferred for enforcement of their penalty, the detention center will enforce it on the basis of the people's court's judgment.

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

Article 291: Convicts sentenced to controlled release, declared under a suspended sentence, paroled or temporarily serving their sentence outside of prison, with the community corrections organization responsible for implementation.

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

Article 292: 对被判处有期徒刑由看守所代为执行和被判处拘役的罪犯,执行期间如果没有再犯新罪,执行期满,看守所应当发给刑满释放证明书。

Article 293: If during the course of enforcing a criminal penalty, public security organs feel that a judgment was in error, or the convict raises an appeal, it shall be transferred to the people's procuratorate or people's court of original judgment for handling.

 

Section 2: Commutations, Parole, and Temporarily Serving a Sentence Outside of Prison.

Article 294: 对依法留看守所执行刑罚的罪犯,符合减刑条件的,由看守所制作减刑建议书,经设区的市一级以上公安机关审查同意后,报请所在地中级以上人民法院审核裁定。

Article 295: 对依法留看守所执行刑罚的罪犯,符合假释条件的,由看守所制作假释建议书,经设区的市一级以上公安机关审查同意后,报请所在地中级以上人民法院审核裁定。

Article 296: In any of the following circumstances, convicts serving a sentence in a jail, may temporarily serve their sentence outside of prison.

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

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

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

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

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

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

Article 297: 公安机关决定对罪犯暂予监外执行的,应当将暂予监外执行决定书交被暂予监外执行的罪犯和负责监外执行的社区矫正机构,同时抄送同级人民检察院。

Article 298: 批准暂予监外执行的公安机关接到人民检察院认为暂予监外执行不当的意见后,应当立即对暂予监外执行的决定进行重新核查。

Article 299: In any of the following situations, where a convict is temporarily serving their sentence outside of prison, the public security organ enforcing the service outside of prison shall make a decision to have them brought to the prison for enforcement:

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

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

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

对暂予监外执行的罪犯决定收监执行的,由暂予监外执行地看守所将罪犯收监执行。

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

 

Section 3: Deprivation of political rights

Article 300: Police substations responsible for enforcing deprivation of political rights shall follow decisions of the people's courts to announce the criminal facts, period of deprivation of political rights and also the rules that should be followed during the period to the convict, his work-unit and his basic-level residential committee.

Article 301: Convicts who have been deprived of their political rights shall obey the following during the enforcement period:

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

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

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

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

(5) Must not accept interviews or make speeches;

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

(7) Must not take posts at state organs;

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

Article 302: Public security organs may give security administrative penalties to convicts who have been deprived of their political rights who violate article 301 of these provisions but it does not comprise a new crime.

Article 303: Where a convict has been has been deprived of his political rights and the enforcement period is completed, the public security organs shall notify him in writing as well as his work-unit, and basic-level residence organization.

 

Section 4: Disposition of offenders who commit new crimes.

Article 304: For convicts that are having their punishment enforced in the detention center that commit another crime while temporarily serving their sentence outside of prison, the crime will be filed and investigated by the public security organ at the site of the crime, and they will notify the authorizing organ. After issuing a decision to have the prison receive him for punishment, the authorizing organ shall have either the detention center at the site of the crime, or the detention center enforcing the temporary service of sentence outside of prison, based on the actual needs of the investigation and trial.

Article 305: Where convicts deprived of political rights, on controlled release, or given a suspended sentence or parole, commit another crime during the period of enforcement, the public security organ at the scene of the crime shall file the case and investigate it.

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

 

Chapter X: Special Procedures

Section 1: Procedures for Juvenile Criminal Cases

Article 306: Public security organs handling juvenile criminal cases implement the directive of education, reform and rescue and adhere to the principle of education first with punishment as supplement.

Article 307: Public security organs handling juvenile criminal cases shall ensure juvenile's exercise of their procedural rights and ensure that they receive legal assistance, lawfully protecting the juveniles' reputation and privacy, respecting their personal integrity.

Article 308: Public security organs shall set up specialized organizations or appoint specialized staff to handle juvenile criminal cases.

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

Article 309: Where juvenile criminal suspects have not retained a defender, the public security organs shall notify the legal aid organization to appoint a lawyer to provide them a defense.

Article 310: When public security organs handle juvenile criminal cases, they shall focus on finding out whether the suspect had reached the critical ages of 14 years old, 16 years old, 18 years old when the crime was committed.

Article 311: Public security organs handling juvenile criminal cases, may, based on the situation, conduct an inquiry and draft an investigation report into circumstances such as the suspects upbringing, the reasons for the crime , their supervision and education.

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

Article 312: The juvenile suspect's legally-designated representative shall be notified to appear when interrogating juvenile criminal suspects. Where the is not way to notify them, the legal representative cannot appear or is a co-criminal, the juvenile suspects' other adult family members or representatives 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. Legal representatives making appearances may exercise the juvenile suspect's rights on their behalf.

Where legally-designated representatives or others making an appearance submit that personnel handling the case violated the juvenile's lawful rights and interests in the course of interrogation, the public security organ shall earnestly review it and handle it in accordance with law.

Article 313: Interrogation of juvenile suspects shall employ methods suitable for juvenile, patiently and meticulously hearing his confessions or explanations, earnestly review and check relevant evidence and carry out counseling and education directed at his intellectual concerns, psychological fears and emotional resistance.

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

Article 314: The interrogation record shall be given to the juvenile criminal suspect and his legal representative, or other persons, to read or to have read to them; where there are objections to the content of the record, it shall be reviewed for clarity and corrections or supplements made.

Article 315: The provisions of articles 312, 313 and 314 of these Provisions apply to the questioning of juvenile victims and witnesses.

Article 316: The use of arrest measures shall be strictly limited and reduced to the greatest extent possible for juvenile suspects.

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

Article 317: Detained juveniles shall be detained, managed and educated separately from adults and, on the basis of their physical and psychological characteristics, their lives and studies looked after .

Article 318: When people's procuratorates hear the opinion of public security organs before making a decision to conditionally non-prosecute a juvenile, the public security organ shall provide written comments, and upon approval of the responsible persons at a public security organ at the county level or above, transfer them to the people's procuratorate at the same level.

Article 319: Where it is felt that a people's procuratorate's decision to conditionally non-prosecute is in error, a reconsideration opinion shall be drafted within seven days of receiving the written decision to not prosecute, and upon approval from the responsible persons at a public security organ at the county level or above, transferred to the people's procuratorate at the same level.

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

Article 320: Where juveniles are not yet 18 years-old at the time a crime was committed and are given a penalty of five years or less imprisonment, the public security organ shall seal that juvenile's criminal record on the basis of an effective verdict from the people's courts.

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

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

Article 321: Except where this Section otherwise provides, handle juvenile criminal cases in accordance with other provisions of these Provisions.

 

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

Article 322: In the following cases where the suspect earnestly repents, and through methods such as compensating the victims for their losses or making formal apologies has obtained the victim's forgiveness, and the victim is willing to settle, it may be lawfully handled as a public prosecution in which the parties have settled, upon approval from the responsible persons at a public security organ at the county level or above:

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

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

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

Article 323: Where there are any of the following circumstances, it is not a case arising from a civil dispute:

(1) a person was hired to hurt others;

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

(3) involves provocation and creating a disturbance ;

(4) related to a mass brawl

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

(6) Other situations inappropriate for settlement.

Article 324: Where both parties settle, the public security organ shall review whether the case facts are clear, whether the victim voluntarily settled and whether it meets the requirements of the provision.

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

Article 325: Where a settlement is reached, the public security organs shall preside over the formulation of the settlement agreement and participants from both parties should sign.

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

Article 326: The settlement agreement should include the following content:

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

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

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

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

The settlement agreement shall take effect immediately.

Article 327: In cases where a settlement agreement has been reached, upon approval of the responsible persons at a public security organ at the county level or above, the public security organs may recommend a lenient disposition when they transfer the case to the people's procuratorate.

 

Section 3: Procedures for confiscating illegal gains in cases where the criminal suspect has gone into hiding or died.

Article 328: In any of the following circumstances, where unlawful gains or other property involved in the case shall be recovered in accordance with the Criminal Law, upon approval of the responsible persons for a public security organ at the county level or above, public security organs shall write out an opinion on confiscation of unlawful gains and sent it together with the relevant evidentiary materials to the people's procuratorate of the same level:

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

(2) The criminal suspect has died.

Where a suspect has died and there is evidence showing that he has unlawful gains and other property involved with the case which should be confiscated, the public security organs may conduct an investigation. Public security organs conducting [this type of] an investigation may seal, seize, inquire into, or freeze [the property] in accordance with law.

Article 329: The written opinion on confiscation of unlawful gains shall indicate the following content:

(1) The criminal suspects' basic situation;

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

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

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

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

Article 330: After the public security organs transfer a confiscation of unlawful gains opinion to the people's procuratorate, and a suspect who has fled voluntary surrenders or is captured, the public security organ shall promptly notify the people's procuratorate at the same level.

 

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

Article 331: Public security organs that discover a criminal suspect exhibiting violent conduct that endangers public safety or seriously endangers citizen’s physical safety, and who might be a mentally ill person and not bear criminal responsibility under law, shall have him evaluated for mental illness.

Article 332: For people evaluated under statutory procedures as not bearing criminal responsibility under law, who might continue to endanger society and meet the requirements for compulsory treatment, the public security organs shall write a compulsory treatment opinion within 7 days, and with the permission of the county level public security organ, send it to the procuratorate of the same level, along with relevant evidentiary materials and the evaluation opinion.

Article 333: Before the court makes a decision on compulsory treatment, the public security organs may adopt temporary protective restraint measures against mentally ill persons exhibiting violent behavior, with the permission of a county level or above public security organ. If necessary, they may be sent to a psychiatric hospital for treatment.

Article 334: When adopting temporary restraint measures, the mentally ill person will be placed under strict watch, and attention will be paid to the means, method and degree or restraint, to avoid and prevent injury to the safety of the mentally ill person and others to the greatest extent possible.

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

 

Chapter XI: Coordination of Case Handling

Article 335: When a public security organ from another area submits a request for assistance in an investigation, enforcement of compulsory measures or other such request for cooperation, so long as the legal procedures are completed, the public security organ at the site for cooperation shall promptly and unconditionally cooperate, and must not accept fees in any form.

Article 336: Where public security organs at the county level or above need to coordinate with another area's public security organs in case handling, they shall draft a cooperation letter.

After the public security organ at the county level or above that is responsible for cooperation receives a letter requesting cooperation from another area's public security organ, it shall designate a primary professional unit to handle it.

Article 337: Where criminal leads are gathered but do not fall within one's own jurisdiction, they shall be promptly transferred to a public security organ that has jurisdiction or to another relevant department.

Article 338: When enforcing a summons or custodial summons in another area, the enforcement personnel shall have with them the summons or custodial summons warrant, a cooperation letter and work documents, and contact the public security organ at the county level or above for the area which they are coordinating; the public security organ at the place of cooperation shall assist in having the criminal suspect summoned or brought by custodial summons to the designated location in the city or county, or to the suspect's residence to begin interrogation.

Article 339: Where custodial detention or arrest is enforced in another location, the enforcement personnel shall have with them a custodial detention or arrest warrant, a letter of cooperation and work documents, contact the public security at that county level or above for that area; and the public security organ for the place of cooperation shall appoint people to assist in the enforcement.

Article 340: When entrusting a public security organ from another area to enforce custodial detention or arrest on one's behalf, the detention or arrest warrant, and letter of cooperation in case handling shall be sent to the public security organ at the place of cooperation.

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

After the public security organ for the site of collaboration has caught a suspect, it shall immediately notify the public security organ from the entrusting area. The public security organ at the entrusting area will promptly bring the legal documents and go to retrieve him , and no less than two investigative personnel must retrieve him.

Article 341: Where a public security organ from another area requests assistance in investigating circumstances such as a criminal suspect’s identity, age, or his record of crimes and violations; the assisting public security organ shall inform the requesting public security organ of the investigation's outcome within seven days of receiving the notice; in remote areas where transportation is very inconvenient, the the outcome of the investigation shall be sent to the public security organ requesting assistance within fifteen days.

Where public security organs from other areas request assistance in investigation and evidence gathering or in making inquiries into criminal information or materials, the public security organ at the site of cooperation shall promptly assist and give feedback.

Article 342: Where it is necessary to make inquiries into or handle the sealing, seizing or freezing of a suspect's assets or documents, enforcement personnel shall bring the relevant legal documents, a cooperative case-handling letter, and work documents, and contact a public security organ at the county level or above for the place of collaboration; and the public security organ for the place of collaboration shall assist in enforcement.

In emergency situations, the cooperative case-handling letter and relevant legal documents may be sent electronically to the public security organ at the county level or above for the place of cooperation, and the public security organ there shall promptly take measures. The entrusted public security organ shall immediately appoint people to collaboratively handle it.

Article 343: Where failure to perform cooperative professional duties causes serious consequences, the directly responsible managers and other directly responsible personnel shall be given administrative sanctions; where it constitutes a crime, and where a crime is constituted, criminal responsibility is pursued in accordance with law

Article 344: Legal responsibility resulting from public security organs at the place of collaboration's performance of its cooperative case-handling duties in responding to a request for collaboration from another public security organ, is borne by the public security organ that requested collaboration.

 

Chapter XII: Handling Cases of Crimes by Foreigners

Article 345: Handling of crimes committed by foreigners shall be strictly in accordance with China's laws, regulations and rules, safeguard national sovereignty and interests, and on the basis of the principle of reciprocity wait to fulfill international treaty obligations undertaken by our country.

Article 346: Foreign national suspects in criminal prosecutions enjoy all procedural rights provided by China's laws and bear all corresponding duties.

Article 347: The nationality of foreign national suspects is determined by the valid identification documents they used when entering the country; and where the nationality is unclear, the entry and exit management departments will cooperate to investigate and clarify. Where there is truly no way to clarify nationality, treat it as a stateless person.

Article 348: Determination of foreign national suspect's identity may be handled in accordance with relevant international treaties or in cooperation with international criminal policing organizations, or channels for police cooperation. Where there is truly no way to clarify, they may be transferred to the people's procuratorate to be reviewed for prosecution, using the name they self-reported.

Article 349: Where the suspect is a foreigner who enjoys diplomatic or consular privileges and immunities, it shall be reported up to the Ministry of Public Security and simultaneously reported to the foreign affairs office of the people's government at the same level, and the Ministry of Public Security will request the Ministry of Foreign affairs handle it through diplomatic channels.

Article 350: Public security organs handling cases of crimes by foreigners us the commonly used language and writing of the People's Republic of China. Where the suspect does not understand Chinese language and writing, the public security organs shall translate for him.

Article 351: In cases of crimes by foreigners, the public security organ at the county level or above at the scene of crime will file and investigate the case.

Article 352: Where foreigners who have committed crimes in violation of international treaties concluded by or participated in by the People's Republic of China, then enter China, it is filed and investigated by the public security organ at the municipal 1 level for the community where the foreigner was caught.

Article 353: Where foreigners commit crimes outside the territory of the People's Republic of China aboard a Chinese ship or aircraft, the traffic or civil aviation public security organ at the county level or above for the first Chinese port at which the boat or aircraft stops or lands after the crime, or at its destination, or the public security organ at the county level or above for the foreigner's residence, files and investigates; where there are not transportation or civil aviation public security organs established, the local public security organs have jurisdiction.

Article 354: Where foreigners commit crimes aboard an international train, the railways public security organ at the county level or above for the first Chinese station at which the train stops after the crime or at its destination, or the public security organ at the county level or above at the foreigner 's residence, files and investigates.

Article 355: Where foreigners outside the territory of the People's Republic of China commit crimes against the People's Republic of China or citizens, it shall be criminally punished, with the public security organs at the county level or above for the place where the foreigner resides after entering the nation filing and investigating the case. Where the foreigner has not yet entered the country , the public security organs at the county level or above for the victim's residence file and investigate the case. Where there is no victim or it is a crime against the People's Republic of China, the Ministry of Public Security will designate jurisdiction.

Article 356: In cases of crimes by foreigners that are major or might impact diplomatic negotiations, the relevant provincial level public security organs shall promptly report on the handling of the case to the Ministry of Public Security, and simultaneously send notice to the foreign affairs office for the people's government at the same level. When necessary, the Ministry of Public Security is to notify our nations' embassy or consulate abroad of the case circumstances.

Article 357: After making a decision to put a foreign national criminal suspect on release pending further investigation or residential surveillance, or to bring them into custody or enforce arrest, a report shall be made up to the provincial level public security organ within 48 hours, and concurrently report to the foreign affairs office of the people's government at the same level.

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

Article 358: 对外国籍犯罪嫌疑人依法作出取保候审、监视居住决定或者执行拘留、逮捕后,由省级公安机关根据有关规定,将其姓名、性别、入境时间、护照或者证件号码、案件发生的时间、地点,涉嫌犯罪的主要事实,已采取的强制措施及其法律依据等,通知该外国人所属国家的驻华使馆、领事馆,同时报告公安部。经省级公安机关批准,领事通报任务较重的副省级城市公安局可以直接行使领事通报职能。

外国人在公安机关侦查或者执行刑罚期间死亡的,有关省级公安机关应当通知该外国人国籍国的驻华使馆、领事馆,同时报告公安部。

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

Article 359: Where foreign national criminal suspects retain a defender, it shall be a lawyer practicing in a PRC law firm.

Article 360: 公安机关侦查终结前,外国驻华外交、领事官员要求探视被监视居住、拘留、逮捕或者正在看守所服刑的本国公民的,应当及时安排有关探视事宜。犯罪嫌疑人拒绝其国籍国驻华外交、领事官员探视的,公安机关可以不予安排,但应当由其本人提出书面声明。

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

Article 361: After provincial level public security organs receive people's courts' criminal judgments or copies of enforcement notices about foreigners given sentences of removal only, they shall designate a first municipal level public security organ of the districted-city where the foreigner is located to enforce it.

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

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

Article 362: 办理外国人犯罪案件,本章未规定的,适用本规定其他各章的有关规定。

Article 363: The provisions of this Chapter apply when handling cases of persons with no nationality.

 

Chapter XIII: Criminal Justice Coordination and Cooperation in Police Work

Article 364: 公安部是公安机关进行刑事司法协助和警务合作的中央主管机关,通过有关国际条约、协议规定的联系途径、外交途径或者国际刑事警察组织渠道,接收或者向外国提出刑事司法协助或者警务合作请求。

地方各级公安机关依照职责分工办理刑事司法协助事务和警务合作事务。

其他司法机关在办理刑事案件中,需要外国警方协助的,由其中央主管机关与公安部联系办理。

Article 365: 公安机关进行刑事司法协助和警务合作的范围,主要包括犯罪情报信息的交流与合作,调查取证,送达刑事诉讼文书,移交物证、书证、视听资料或者电子数据等证据材料,引渡、缉捕和递解犯罪嫌疑人、被告人或者罪犯以及国际条约、协议规定的其他刑事司法协助和警务合作事宜。

Article 366: 在不违背有关国际条约、协议和我国法律的前提下,我国边境地区设区的市一级公安机关和县级公安机关与相邻国家的警察机关,可以按照惯例相互开展执法会晤、人员往来、边境管控、情报信息交流等警务合作,但应当报省级公安机关批准,并报公安部备案。

Article 367: 公安部收到外国的刑事司法协助或者警务合作请求后,应当依据我国法律和国际条约、协议的规定进行审查。对于符合规定的,交有关省级公安机关办理,或者移交其他有关中央主管机关;对于不符合条约或者协议规定的,通过接收请求的途径退回请求方。

Article 368: 负责执行刑事司法协助或者警务合作的公安机关收到请求书和所附材料后,应当按照我国法律和有关国际条约、协议的规定安排执行,并将执行结果及其有关材料报经省级公安机关审核后报送公安部。

在执行过程中,需要采取查询、查封、扣押、冻结等措施的,可以根据公安部的执行通知办理有关法律手续。

请求书提供的信息不准确或者材料不齐全难以执行的,应当立即通过省级公安机关报请公安部要求请求方补充材料;因其他原因无法执行或者具有应当拒绝协助、合作的情形等不能执行的,应当将请求书和所附材料,连同不能执行的理由通过省级公安机关报送公安部。

Article 369: 执行刑事司法协助和警务合作,请求书中附有办理期限的,应当按期完成。未附办理期限的,调查取证应当在三个月以内完成;送达刑事诉讼文书,应当在十日以内完成。不能按期完成的,应当说明情况和理由,层报公安部。

Article 370 需要请求外国警方提供刑事司法协助或者警务合作的,应当按照有关国际条约、协议的规定提出刑事司法协助或者警务合作请求书,所附文件及相应译文,经省级公安机关审核后报送公安部。

Article 371: 需要通过国际刑事警察组织缉捕犯罪嫌疑人、被告人或者罪犯、查询资料、调查取证的,应当提出申请层报国际刑事警察组织中国国家中心局。

Article 372: 公安机关提供或者请求外国提供刑事司法协助或者警务合作,应当收取或者支付费用的,根据有关国际条约、协议的规定,或者按照对等互惠的原则协商办理。

Article 373: Follow legal provisions and relevant treaties in implementing the handling of extradition cases.

 

Chapter XIV: Supplementary Provisions

Article 374: The term "crime endangering national security"; as used in these Provisions, includes the crimes endangering national security found in Chapter I of the Special Provisions of the Criminal Law, as well as other crimes endangering national security; "terrorist activity crimes" includes crimes that employ violence, destruction, intimidation or other such means for the purpose of creating social panic, endangering public safety or coercing of state organs or international organizations, and which cause or are intended to cause casualties, major property damage, destruction of public facilities, social disorder or other serious harm to society, as well as crimes of inciting, subsidizing or otherwise assisting the above activities .

Article 375: The legal department of the public security organ will handle requests for reconsideration or review, submitted by the parties, their legally-designated representatives, agents ad litem, or defense attorneys.

Article 376: These Provisions shall take effect on January 1, 2013. The May 14, 1998 “Provisions for Public Security Organs Handling Criminal Cases” (Ministry of Public Security Order No. 35 ) and the October 25, 2007 “Amendments to the Requirements for Public Security Organs in Handling of Criminal Cases” (Order 95 of the Ministry of Public Security) are simultaneously abolished.

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