Interpretation on the Application of the "Criminal Procedure Law of the PRC"

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Title: Chinese Title: 最高人民法院关于适用《中华人民共和国刑事诉讼法》的解释
Promulgating Entities:Supreme People's Court
Reference number: 法释〔2021〕1号
Promulgation Date: 2021-1-26
Expiration date: 
Source of text: http://www.court.gov.cn/fabu-xiangqing-286491.html

 

Table of Contents

Chapter I: Jurisdiction

Chapter II: Recusal

Chapter III: Defense and Representation

Chapter IV: Evidence

Section 1: Ordinary Provisions

Section II: Review and Verification of Physical and Documentary Evidence

Section III: Review and Verification of Witness Testimony and Victim Statements

Section IV: Review and Verification of Defendant Confessions and Justifications

Section 5: Review and Affirmation of Evaluation Opinions

Section VI: Review and Verification of Records Such as for Inquests, Inspections, Identifications, and Investigative Experiments

Section 7: Review and Affirmation of Audio-Visual Materials and Electronic Data

Section 8: Review and Affirmation of Evidence from Technical Investigation in Supervision or Criminal Investigations

Section 9: Exclusion of Illegal Evidence

Section 10: Comprehensive Review and Use of Evidence

Chapter V: Compulsory Measures

Chapter VII: Timing, Delivery and Trial Time Limits

Chapter VIII: Trial Organizations

Chapter IX: General Procedures for First-Instance Trial of Public Prosecutions.

Section 1: Review, Acceptance, and Pre-trial Preparation

Section 2: The connections between the pre-trial conference and trial

Section 3: Announcement of In-Court Proceedings and Courtroom Inquiry

Section 4: Courtroom Debate and Final Statements

Section 5: Case Deliberation and Pronouncement of Judgment

Section 6: Courtroom Discipline and other Provisions

Chapter X: First Instance Procedures for Private Prosecutions

Chapter XI: Trial of Crimes by Units

Chapter XII: Trial of Cases where Guild is Admitted and Punishment is Accepted [Plea Leniency Cases]

Chapter XIII: Simplified Procedures

Chapter XIV: Expedited Procedures

Chapter XIV: Second-Instance Trial Procedures

Chapter XVI: Verification and Approval of Sentences Below the Legally-Prescribed Criminal Punishment or Special Parole

Chapter XVII Procedures for Final Review of the Death Penalty

Chapter XVIII: Disposition of Case Assets

Chapter XIX: Trial Supervision Procedures

Chapter XX: Trial of Criminal Cases Involving Foreign Interests and Criminal Justice Assistance

Section 1: Trial of Criminal Cases Involving Foreign Interests

Section 2: Criminal Justice Assistance

Chapter XXI: Enforcement Procedures

Section 1: Enforcement of the Death Penalty

Section 2: Issue and Enforcement of Suspended Death Sentences, Life Sentences, Fixed Term Prison Sentences, and Short Term Detention.

Section 3: Transfer to and Enforcement of Controlled Release, Suspended Sentences, and Deprivation of Political Rights

Section 4: Enforcement of the Portion of Criminal Judgments Involving Property and Judgments in Attached Civil Litigation

Section 5: Trial of Commutation or Parole Cases.

Section 6: Revocation of Suspended Sentences or Parole

Chapter XXII: Procedures for Trials of Juvenile Crime

Section 1: Ordinary Provisions

Section 2: Trial Preparation

Section 3: Trial

Section 4: Enforcement

Chapter XXIII: Procedures for Party Settlement in Public Prosecutions

Chapter XXIV: Procedures for Trial in Absentia

Chapter XXV: Procedures for the Confiscation of Assets in Cases Where Criminal Suspects or Defendants Have Escaped or Died

Chapter XXVI: Procedures for the Compulsory Treatment of Persons With Mental Disorder Who Do Not Bear Criminal Responsibility

Chapter XXVII: Supplemental Provisions

  Chapter I: Jurisdiction

Article 1: Private prosecutions directly accepted by the people's courts include:

(1) Cases handled only after a complaint :

1. Insult or Defamation Cases (Article 246 of the Criminal Law, but excluding those that seriously endanger social order or national interests);

2. Cases of violent interference with the freedom of marriage (Paragraph 1 of Criminal Law Article 57);

3. Cases of abuse (Article 260, paragraph 1 of the Criminal Law except where the victim does not have the capacity to make a complaint, or is unable to make a complaint due to coercion or intimidation.)

4. Cases of Appropriation (Article 270 of the Criminal Law).

(2) Cases where the people's procuratorate has not submitted an indictment, but the victim has evidence proving a minor criminal matter :

1. Intentional Harm Cases ( Paragraph 1 of Criminal Law Article 234)

2. Cases of illegally entering a residence(Article 245 of the Criminal Law);

3. Violations of freedom of communication (Article 252);

4. Cases of bigamy (Article 258 of the Criminal Law);

5. Abandonment Cases (Criminal Law Article 261)

6. Production or sale of shoddy goods cases (Criminal Law chapter 3, section 1 of the specific provisions, but excluding cases seriously harming the social order or the interests of the State);

7. Infringement of intellectual property rights (Criminal Law Chapter 3 Section 7, but excluding cases seriously endangering social order or national interests);

8. Cases in which the sentence might be up to 3 years imprisonment as provided in Chapters IV, V of the Specific Provisions of the Criminal Law

For cases under this provision, if the victim directly files suit to a people's court, the people's court shall accept it in accordance with law. Where the evidence is insufficient, public security organs may accept it, or if it is found that the defendant may be sentenced to a criminal punishment of three years or more imprisonment, the victim shall be informed to report the case to the public security organs, or the case shall be transferred to the public security organs to be filed and investigated.

(3) Cases where the victim has evidence proving that the defendant acted to violate his rights in person or property and should be pursued for criminal responsibility in accordance with law, and also has evidence that he has previously made the accusation, but that the public security organs or People's Procuratorates have not pursued the defendant's criminal responsibility.

Article 2: The site of the crime includes the place of the criminal conduct and the places where consequences of the crime occur.

For crimes against computers or committed mainly through the use of computers, the site of the crime includes the location of servers for online services used to conduct the criminal activity, the location of the network service providers, the locations of the infringed information netoworks and their managers, the location of information network systems that were used by the defendants or victims in the course of committing the crime, as well as the places where the victims or their assets suffered the harm.

Article 3: The defendants' registered household is their residence. Where their habitual residence is not the same as their place of household registration, the habitual residence is their residence. A habitual residence is a place where a defendant has lived continuously for a year or more before being charged, but does not include hospitals.

The place where a defendant unit is registered is its residence. Where their principal place of business or main offices differs from the place of registration, the principal place of business or main offices are its residence.

Article 4: Criminal cases occurring in the internal and territorial waters of the People's Republic of China are in the jurisdiction of the people's court for the site of the crime or the place where the defendant comes ashore. Where it is more appropriate, the people's court at the defendant's place of residence may have jurisdiction.

Article 5: For crimes aboard trains, where the defendant is caught while the train is en route, the people's court for the previous station that is responsible for hearing railway criminal cases is to have jurisdiction. When necessary, the people's court for the origin or destination station with responsiblitiy for hearing railway criminal cases may take jurisdiction.

Where the defendant is not caught while the train is moving, jurisdiction is with the people's court with responsibility for hearing railway criminal cases that corresponds to the railway public security organs responsible for rail passenger affairs on that train; and where the defendant is caught at a station while the train is en route, jurisdiction may also be with the people's court with responsibility for hearing railway criminal cases for that station.

Article 6: For crimes on international trains, jurisdiction is to be determined in accordance with agreements signed with relevant nations; and where there are no agreements, jurisdiction is to be with the people's court with responsiblitiy for hearing railway criminal cases for the station in China from which the train originated or the previous stop in China.

Article 7: Crimes committed aboard Chinese vessels outside the territory of the People's Republic of China are in the jurisdiction of the people's court for the Chinese port where the vessel was originally moored or for the place where the defendant came ashore or entered the territory.

Article 8: For crimes committed aboard aircraft outside the territory of the PRC, the people's court at the first place where the aircraft lands has jurisdiction.

Article 9: Where Chinese citizens commit crimes in a Chinese embassy or consulate abroad, the people's court at the location of their managing unit or of their prior household registration has jurisdiction.

Article 10: Crimes committed by Chinese citizens outside the territory of the people's Republic of China are in the jurisdiction of the people's court of their place of landing, place of entry, place of residence before departure, or current residence; where the victim is a Chinese citizen, it may also be in the jurisdiction of the people's court for the victims' place of residence prior to leaving the country or current place of residence.

Article 11: Where foreigners commit crimes against the People's Republic of China or its citizens outside the territory of the People's Republic of China that shall be punished on the basis of the Criminal Law of the People's Republic of China, the people's court for the place where the foreigner lands, enters the territory, or resides after entering the territory has jurisdiction, and the people's court for the victims' place of residence before leaving the territory or current place of residence may also have jurisdiction.

Article 12: For crimes provided for in international treaties that the People's Republic of China has concluded or acceded to, where the People's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations, the people's court for the place where the defendant was captured, landed, or entered the territory is to have jurisdiction.

Article 13: For crimes by convicts who are now serving a sentence that were committed before the sentence was pronounced and that have not yet received a judgment, the people's court of the original trial has jurisdiction; but where it would be more appropriate for the people's court for the location where the punishment is being served or the people's court for the site of the crime to hear it, that people's court may have jurisdiction.

Where convicts commit another crime while serving their sentences, the people's court where the sentence is being served has jurisdiction.

Where convicts commit another crime while escaped and at large, the people's court where they are serving their sentence has jurisdiction. However, where they are captured at the site of the crime and it is discovered that they have committed a crime while escaped, the people's court at the scene of the crime has jurisdiction.

Article 14: In cases that a peoples procuratorate finds might result in a sentence of life imprisonment or death, and initiates proceedings in the intermediate people's court, where, after accepting the case, the intermediate court finds that it is not necessary to give a sentence of life imprisonment or death, it shall try the case in accordance with law and is not to give the case to a basic level people's court for trial.

Article 15: For multiple crimes by a single person, joint crimes, or other cases that need to be joined for trial, where one person or crime belongs to the jurisdiction of a higher level court, the higher level court is to have jurisdiction of the entire case.

Article 16: Where higher level people's courts decide to hear a first-instance case that is within the jurisdiction of a lower people's court, they shall send the lower people's court a written decision on the change of jurisdiction and notify the people's procuratorate at the same level in writing.

Article 17: Basic-level people's courts shall transfer first-instance criminal cases that might result in life imprisonment or death sentences to the Intermediate people's court for trial.

Basic level people's courts may request a transfer of the following types of first-instance criminal cases to an intermediate people's court for trial:

(1) Major or complicated cases

(2) new types of difficult case;

(3) cases with broad significance for the application of law.

Where a case needs to be transferred to an intermediate people's court for trial, after submitting a report to the court president for a decision, a transfer shall be requested in writing no later than 15 days before the completion of the trial period. The intermediate people's court shall make a decision within 10 days of receiving the application. Where not agreeing to the transfer, it shall send down a written decision of non-consent to the transfer, and the people's court that requested the transfer will hear the case in accordance with law; where agreeing to the transfer, it shall send down a written decision of agreement to the transfer and send a written notice to the people's procuratorate at the same level.

Article 18: Where a people's court finds that it would be inappropriate to exercise jurisdiction over a case because it involves requiring that court's president to be recused himself or for other reasons, it may request a transfer of jurisdiction to the court at the level above. The court at the level above may take jurisdiction, but may also designate another people's court at the level of the people's court making the request, to take jurisdiction.

Article 19: In cases where two or more people's courts at the same level all have jurisdiction, the trial is to be in the first people's court to accept it. When necessary, it may be transferred for trial at the people's court at the principal site of the crime.

Where there is controversy over jurisdiction, it shall be resolved through consultation during the trial period; and where consultation is unsuccessful, the people's courts involved in the controversy are to separately report up to the common people's court at a level above for a designation of jurisdiction.

Article 20: In cases where the jurisdiction is unclear, higher-level people's courts may designate a lower level people's court for trial.

In related cases, where it would be more appropriate for a people's court other than that for the site of the crime or the defendant's residence to hear the case, the higher-level people's court may designate a lower-level people's court to take jurisdiction.

Article 21: Higher-level people's courts designating jurisdiction shall send a written decision assigning jurisdiction to the people's court being assigned jurisdiction and to other relevant people's courts.

Article 22: After the people's court originally accepting a case receives a decision from a higher people's court to change jurisdiction, or agreeing to transfer or designate jurisdiction to another people's court, where the case is a public prosecution it shall notify the people's procuratorate of the same level in writing and return the case file materials, and notify the parties in writing at the same time; and where the case is a private prosecution, it shall send the case file materials to the people's court being assigned jurisdiction and notify the parties in writing.

Article 23: When a second-instance people's court returns a case for retrial, and the people's procuratorate withdraws the indictment and initiates a new prosecution in a court below the original first-instance trial court, the lower-level people's court shall report this circumstance up to the people's court of the previous second-instance trial. Based on the specific circumstances of the case, the original second-instance trial court may decide to transfer the case to the original first-instance court or to another people's court for trial.

Article 24: Where people's courts discover that defendants have other crimes being indicted, they may combine the cases for trial; where they involve the same types of crime, they shall normally be combined.

Where people's courts discover that defendants have other crimes that are being reviewed for prosecution, filed, or investigated in a supervision or criminal investigation, they may coordinate with the people's procuratorate, public security organs, and supervision organs on combining the cases, with reference to the preceding paragraph, except for where it would cause the trial to be excessively delayed.

Cases that are combined on the basis of the preceding two paragraphs are to be heard by the people's court for the first area to accept them. When necessary, it may be heard in the people's court for the principal site of the crime.

Article 25: Where the people's court for the second-instance trial discovers in the course of trial that the defendant has other crimes that have not been tried, it is to be handled with reference to the preceding article. Where the people's court for the second-instance trial decides to combine cases for trial, it shall remand them back to the first-instance trial court, and the people's court for the first-instance trial is to handle them.

Article 26: Follow the relevant provisions in determining jurisdiction for criminal cases where there is military and regional involvement.

  Chapter II: Recusal

Article 27: Trial personnel in any of the following circumstances must recuse themselves, and parties and their legal representatives have the right to apply for their recusal:

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

(2) they, or close family members, have an interest in the case;

(3) they served as a witness, evaluator, defender, agent ad litem, or translator in this case;

(4) they are a close relative of a defender or agent ad litem in the case;

(5) they have other interests in a party that might influence the fairness of the trial.

Article 28: Parties and their legal representatives have the right to request the recusal of adjudicators in any of the following circumstances:

(1) they violate regulations by meeting a party to the case, defender, or agent ad litem;

(2) They recommended or introduced a defender or agent ad litem on behalf of a party to the case, or introduced lawyers or other personnel to handle the case;

(3) They solicited or accepted property or other benefits from the case's parties or those entrusted by them;

(4) They accepted hospitality from a party to the case or those entrusted by them, or participated in an activity paid for by a party or person entrusted by them;

(5) They took loans from the case parties or a person entrusted by them;

(6) there was other improper conduct that might affect the fairness of the trial.

Article 29: Where supervision, investigation, or procuratorate personnel who participated in the case's supervision or criminal investigation or in review for prosecution have been transferred to work in the people's courts, they must not serve as an adjudicator in the case.

Persons who participated in trial procedures as a member of a collegial panel or independent adjudicator, must not participate in other trial procedures for that case. However, after a case that has been remanded for a new trial has a verdict declared in the first-instance people's court and begins the second-instance trial procedures, review of punishments given below the legally-prescribed penalty, or death penalty review procedures, collegial panel members who participated in the original second-instance procedures, review of punishments given below the legally-prescribed penalty, or death penalty review are not restricted by this provision.

Article 30: Those who should be recused from a position in accordance with laws and relevant provisions must not serve as adjudicators in the case.

Article 31: People's courts shall notify the parties and their legal representatives in accordance with law that they have the right to apply for recusals, and notify them of the names of the collegial panel members, independently-serving adjudicators, judges' assistants, court clerks, and other personnel.

Article 32: When trial personnel apply to recuse themselves, or a party and its legal representatives request that trial personnel recuse themselves, they may do so orally or in writing, explaining the reasons, and the court president will decide.

Where the court president applies to recuse themselves, or a party and its legal representatives apply for the court president to be recused, the adjudication committee will discuss it and reach a decision. When the adjudication committee discusses it, a court vice-president will moderate and the court president must not participate.

Article 33: When parties and their legal representatives apply for recusal in accordance with Article 30 of the Criminal Procedure Law and Article 28 of this interpretation, they shall provide evidence materials.

Article 34: When trial personnel that shall be recused do not apply to recuse themselves and the parties and their legal representatives do not apply for recusal, the court president or the adjudicatory committee shall decide to recuse them.

Article 35: The people's courts may respond to parties' and their legal representatives' applications for recusal either orally or in writing, and are to notify the applicants of the decision.

Where parties' or their legal representatives' applications for recusal are rejected, they may apply for review, one time, upon receipt of the decision. Applications for recusal that are not within the provisions of Criminal Procedure Law articles 29 and 30 are to be rejected by the court at court, and there must not be an application for reconsideration.

Article 36: Where parties or their legal representatives apply for a procurator appearing in court to be recused, the people's court shall handle it in accordance with these distinct situations:

(1) Where applications for recusal are within the circumstances provided for by Criminal Procedure Law articles 29 and 30, court shall be adjourned and the people's procuratorate shall be informed to make a decision as quickly as possible;

(2) Where applications for recusal are not within the circumstances provided for in Criminal Procedure Law articles 29 and 30, they shall be rejected by the court at court, and there must not be an application for reconsideration.

Article 37: "Trial personnel" as used in this chapter includes presidents of people's courts, vice-presidents, members of the adjudication committee, division heads, deputy division heads, adjudicators, and people's assessors.

Article 38: The recusal provisions for trial personnel apply to judge's assistants, clerks, interpreters, and evaluators; and issues of their recusal will be decided on by the court president.

Article 39:Defenders and agents ad litem may request recusals and apply for reconsideration in accordance with this chapter.

  Chapter III: Defense and Representation

Article 40: People's courts trying cases shall fully safeguard the defendants' lawful right to a defense.

In addition to exercising their right to defend themselves, defendants may also retain a defender to defend them. The following people must not serve as defenders:

(1) Persons who are currently serving a criminal sentence, are completing a suspended sentence, or are in a parole probationary period.

(2) Persons whose physical liberty has been deprived or limited;

(3) Persons who have been dismissed from public office or had their lawyer or notary practice certificates cancelled;

(4) current employees of the people's courts, people's procuratorates, supervision organs, public security organs, state security organs, or prisons;

(5) people's assessors;

(6) Persons with an interest in the outcome of the case;

(7) foreigners or stateless persons;

(8) Incompetent persons or persons with limited competence.

If persons in items 3 through 7 of the preceding paragraph are the defendant's guardians or close relatives, and the defendant entrusts them to be his defender, it may be permitted.

Article 41: Trial personnel and other staff of the people's courts must not, as a lawyer, serve as a defender within 2 years of leaving the people's court.

Trial personnel and other staff of the people's courts must not serve as the defender in a case before the court where they served, except where they are the defendant's guardians or immediate family members.

Spouses, children, and parents of trial personnel and other staff of the people's courts must not serve as defenders in a case before the court where they serve, except where they are a defendant's guardians or immediate family members.

Article 42: The people's courts shall verify the identity and authorization materials of those accepting entrustment to serve as defenders.

Article 43: A defendant may retain 1 or 2 persons as their defenders.

A defender must not defend two or more defendants in the same case, or in cases that are being handled separately but where there is a connection between the crimes.

Article 44:Where the defendant has not retained a lawyer, the people's court shall notify them of their right to retain a lawyer within 3 days of having accepted the case; and where the defendant has not retained a lawyer because of financial difficulties or other reasons, they shall be informed that they may apply for legal aid; and where the defendants are among those that shall be provided legal aid, they shall be informed that a legal aid institution will be notified to appoint them a lawyer to provide a defense in accordance with law.

Where defendants have not retained a defender, and the legal aid institutions have not appointed a lawyer to provide them with a defense, the people's courts shall notify the defendant that they have the right to meet with a duty lawyer, and are to facilitate their meeting with a duty lawyer.

This notification may be oral or in writing.

Article 45:During the trial, where a detained defendant requests to retain a defender, the people's court shall pass the request to his guardians, close relatives, or a person designated by the defendant, within 3 days. The defendant shall provide the relevant persons' contact information. The defendant shall be notified where there is no way to inform the relevant persons.

Article 46:People's courts receiving an application for legal aid or legal assistance from a detained defendant shall promptly transfer it to the legal aid institution or duty lawyers in accordance with relevant provisions.

Article 47:For the following types of defendant who have not retained a defender, the people's court shall notify a legal aid institution to appoint a lawyer to provide them with a defense:

(1) Blind, deaf, or mute persons;

(2) Mentally ill persons who have not entirely lost their ability to recognize or control their conduct;

(3) Persons who may be sentenced to life imprisonment or death.

When the high people's courts perform a review of a death penalty case and the defendant has not retained a defender, the legal aid institution shall be notified to appoint a lawyer to provide them with a defense.

The preceding two paragraphs are to be applied in cases of intentional crimes committed during the period for which a death sentence is suspended.

Article 48:In any of the following situations, where the defendant has not retained a defender, the people's court may notify a legal aid institution to appoint a lawyer to provide them with a defense:

(1) In a case of a joint crime, where other defendants have already retained defenders;

(2) where the case has a major social impact;

(3) where the people's procuratorate has appealed;

(4) Where the defendant's conduct might not constitute a crime;

(5) Other situations in which it is necessary to appoint a lawyer to provide a defense.

Article 49: Where the people's court has notified a legal aid institution to appoint a lawyer to provide a defense, it shall deliver the legal aid notice and a copy of the indictment or judgment to the legal aid institution; where it is decided to have in-court proceedings the materials above should be delivered to the legal aid institution 15 days before the proceedings except for trials applying the simplified procedures or expedited procedures.

The legal aid notification shall clearly indicate the reasons for the case, the name of the defendant, the reason for providing legal aid, and the trial personnel's names and contact information; if it has already been decided to hold in-court proceedings, the time and place shall be clearly written.

Article 50:Where the defendant refuses the lawyer appointed to provide his defense by the legal aid institution and insists on carrying out their own defense, the people's court shall approve it.

Where defendants are of the type that shall be provided legal aid, but they refuse the lawyer appointed to provide them with a defense, the people's court shall ascertain the reasons. Where the reasons are legitimate, it shall be allowed, but the defendant should retain another defender with 5 days; where the defendant does not retain another defender, the people's court shall, within 3 days, notify the legal aid institution to appoint another lawyer to provide them with a defense.

Article 51:Where the legal aid institution appoints a lawyer to provide the defendant with a defense, and the defendant's guardians or immediate family members also retain a defender for them, the defendant's opinions shall be heard and they shall confirm the selection of a defender.

Article 52:Where during the trial period a defender agrees to represent the defendant, they shall submit the formalities for the representation to the people's court within 3 days of accepting it.

The provisions of the preceding paragraph apply to the acceptance of a legal aid institution's appointment to provide a defendant with a defense.

Article 53:Defense lawyers may read, copy, and reproduce case file materials. Other defenders, may also read, copy and reproduce case file materials upon the people's court's permission. Records of the collegial panel or adjudicatory committee's discussions and other materials that are not disclosed in accordance with law must not be read, copied, or reproduced.

Where defenders read, copy, or reproduce case file materials, the people's courts shall facilitate and ensure the necessary time.

The preceding two paragraphs apply to duty lawyers reading case file materials.

Reproduction of case file materials may be by photocopy, photograph, scanning, copying electronic data, or other such methods.

Article 54:Where defense lawyers apply to access audiovisual recordings of interrogations that are transferred to the people's courts as evidence materials, the people's courts shall allow it.

Article 55:Where case file materials that are accessed, copied, or reproduced involve state secrets, commercial secrets, or personal privacy, they shall be kept secret; information and materials in cases that are not tried publicly, as well as important information and evidence materials that are learned of during case handling, must not be leaked in violation of provisions and must not be used for purposes outside the case. People's courts may require relevant persons to make pledges.

Where the provisions of the preceding paragraph are violated, the people's courts may alert the judicial-administrative organs or relevant departments, and suggest giving corresponding punishments, where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 56:Defense lawyers may meet and correspond with defendants who are detained or under residential surveillance. With the people's court's permission, other defenders may also meet and correspond with defendants who are detained or under residential surveillance.

Article 57:Where defenders feel that during supervision or criminal investigations, or review for indictment, the supervision organs, public security organs or people's procuratorates gathered evidence showing that a defendant is not guilty or that the crime was minor but have not transferred those materials with the case, and the defenders apply to the people's court to collect the evidence, they shall do so in writing and provide relevant leads or other materials. After receiving an application, the people's courts shall collect the evidence from the people's procuratorate. After the people's procuratorate provides relevant evidence materials, the people's court shall promptly notify the defender.

Article 58:Article 50: When a defense lawyer applies to gather relevant evidence from the victims, their family, or the victims' witnesses, and the people's court finds that it is necessary, it shall sign a certificate of permission to investigate.

Article 59:When defense lawyers collect evidence materials related to the case from witnesses or relevant units and individuals, but, because the witnesses, units, or individuals do not consent, applies to the people's court to gather and collect the evidence, or applies for a witness to be notified to appear in court to testify, the people's court finds shall consent where it finds it is necessary.

Article 60:People's courts shall consent where defense lawyers apply directly to the people's court to gather or collect evidence from a witness, unit, or individual, and the people's court finds that it is truly necessary, and further, that it is inappropriate or impossible for the defense lawyer to gather to collect it.

Documentary evidence materials gathered or collected from relevant units by the people's courts must be signed by the person providing them and have the unit's seal affixed; documentary evidence materials gathered or collected from individuals must be signed by the person providing them.

People's courts shall issue a receipt, signed by a clerk, judge's assistant, or trial personnel, for evidence materials provided by relevant units or individuals and clearly write our information such as the name of the evidence materials, the time they were received, the number of items, the number of pages, and whether or not they were originals.

After gathering or collecting evidence, the defense lawyers shall be promptly notified to access, copy, and photocopy it, and the people's procuratorate is to be notified.

Article 61:The applications provided for in articles 58 through 60 of this interpretation shall be submitted in writing, explain their grounds, and clearly write out the content of the evidence that needs to be gathered or collected, or have an outline of the issues to be investigated.

The people's courts shall issue a decision on whether to approve or consent to a defense lawyer's application within 5 days, and inform the applicant; where it is decided to not approve or consent, the reasons shall be explained.

Article 62:Within three days of accepting a private prosecution case, people's courts shall notify the private prosecutors, their legal representatives and parties to attached civil litigation and their legal representatives that they have the right to retain an agent ad litem and inform them that if they have economic hardship they may apply for legal aid.

Article 63:Where parties retain agents ad litem, the relevant provisions of article 33 of the Criminal Procedure Law and this interpretation are applied by reference.

Article 64:Based on the facts and the law, agents ad litem have the right to protect the victims', private prosecutors' or parties to attached civil litigation's procedural rights and other lawful rights and interests.

Article 65: Where lawyers serve as agents ad litem, they may access, copy, or reproduce case file materials. With the people's court's permission, other agents ad litem may also access, copy and reproduce case file materials

Where lawyers serving as agents ad litem need to gather or collect evidence related to the case, the provisions of articles 59 through 61 of this interpretation are applied by reference.

Article 66:After agents ad litem accept the representation of a party or the appointment of a legal aid institution, the representation formalities or legal aid formalities shall be submitted to the people's court within 3 days.

Article 67:Where defense lawyers inform the people's courts that their clients or another person is preparing to commit, or in the process of committing, a crime that endangers national security or public safety, or that seriously endangers the physical safety of others, the people's court shall make a record in the case and immediately inform the competent organs to handle it in accordance with law, and shall maintain the confidentiality of the defense lawyers that reported the situation.

Article 68:Lawyers serving as defenders or agents ad litem may bring one assistant to participate in hearings, with the permission of the people's court. Legal assistants participating in hearings may engage in relevant support work, but must not express defense or representation opinions.

  Chapter IV: Evidence

  Section 1: Ordinary Provisions

Article 69:The determination of case facts must be based on evidence.

Article 70:Adjudicatory personnel shall follow the legally-prescribed procedures for the collection, review, verification, and designation of evidence.

Article 71:Evidence that has not been presented at court, identified, debated, or otherwise verified through courtroom investigation procedures must not serve as the basis of a verdict.

Article 72:Case facts that shall be proven by evidence include:

(1) The identities of the defendants and the victims;

(2) Whether the alleged crime occurred;

(3) Whether the defendant committed the alleged crime;

(4) Whether the defendant has the capacity to bear criminal responsibility, has any fault, or has a motive or purpose to commit the crime ;

(5) the time, place, method, and consequences of the crime, as well the reasons for the crime and other information;

(6) whether it is a joint crime or whether the facts of crimes are related, and the position and role of the defendant in the crimes;

(7) Whether the defendant has any aggravating or mitigating circumstances or circumstances calling for commutation or waiver of punishment;

(8) Facts related to the disposition of assets involved in the case;

(9) Facts related to attached civil litigation;

(10) Procedural facts related to jurisdiction, recusals, extensions of trial, and so forth;

(11) Other facts related to conviction or sentencing.

The standard of proof that evidence is to be credible and sufficient applies to determinations of the defendant's guilt and to giving heavier punishment.

Article 73:In cases where a public prosecution is initiated, the people's courts shall review whether all evidence showing that the defendant is guilty or not guilty, or that the crime was serious or minor, has been transferred with the case; where it has not been transferred with the case, the court shall notify the people's procuratorate to transfer it within a designated time period. Where the people's procuratorate does not transfer it, the people's courts shall determine the case facts based on the evidence at hand.

Article 74:In cases where an audiovisual record of the entire process of interrogation shall be made in accordance with law, where that record is not transferred with the case, the people's courts may notify the people's procuratorate to transfer it within a designated period of time. Where the people's procuratorate does not transfer it, making it so that situations of illegal evidence gathering as provided for by article 56 of the Criminal Procedure Law cannot be excluded, the relevant evidence shall be excluded in accordance with law; and where it makes it impossible to determine the truth of the relevant evidence, it must not be the basis of a verdict.

Article 75:Physical, documentary, audio-visual, electronic data, and other evidence gathered by administrative organs in the course of performing administrative law enforcement and handling cases may be the basis for a verdict upon the court's review of its veracity and whether the evidence gathering process was done in accordance with laws and administrative regulations.

Evidence gathered in the course of administrative law enforcement or case investigation by organizations exercising state administrative management authority on the basis of laws or administrative regulations shall be viewed as evidence gathered by an administrative organ.

Article 76:Evidence collected by Supervision Organs in accordance with law may be used as evidence in criminal cases.

The evidentiary requirements and standards for criminal trials apply to the review and assessment of evidence provided for in the preceding paragraph.

Article 77:For evidence coming from outside the mainland, the people's procuratorates shall have an explanation of circumstances such as the evidence materials' origin, providers, extractors, and time of collection transferred with the case. Upon review by the people's court, relevant evidence materials that can sufficiently prove case facts and that meet the requirements of the Criminal Procedure Law may be used as evidence, except where their provider or a bilateral treaty between China and the relevant nation clearly limits the scope of the use of the materials; and were the source of the materials is unclear or their veracity cannot be determined, they may not be used as the basis for a verdict.

Where parties, their defenders, or agents ad litem provide evidentiary materials from abroad, the materials shall be certified by a public notary organ of the source country, authenticated by the principal diplomatic organ of the source country's central government or an organ that it has authorized, and authenticated by the PRC embassy or consulate to that country, or have certification procedures performed as provided for in treaties concluded between the PRC and the source country; unless our nation and that nation have agreed to waive certification.

Article 78:Evidence materials using foreign languages or text that are submitted by the prosecution or defense shall have a Chinese translation attached.

Article 79:People's courts investigating and verifying evidence in accordance with the provisions of article 196 of the Criminal Procedure Law may notify procurators, defenders, private prosecutors, and their legal representatives to appear when necessary When the persons described above appear, a record shall be made in the case file.

When people's courts investigating and verifying evidence discover new evidence that has a major impact on the verdict or sentencing, they shall notify procuratorate personnel, the defenders, and the private prosecutors and their legal representatives. When necessary, they may also directly retrieve it, and promptly notify the procuratorate personnel, defenders, private prosecutors, and their legal representatives to access, copy, or reproduce it.

Article 80:The following persons must not serve as authenticating witnesses:

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

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

(3) persons such as the staff of supervision organs, public security organs, or judicial organs who carried out inquests, inspections, searches, seizures or organized identifications or other supervision inquiry or criminal procedure authority.

The people's courts may conduct a review of whether authenticating witnesses are persons provided for in the preceding paragraph through the name indicated on written notes, identification document types and numbers, contact methods, and habitual resident population information registries, and so forth.

Where for objective reasons there is no way to have personnel meeting the requirements serve as authenticating witnesses, the situation shall be noted in the record and an audiovisual record is to be made of the entire process of relevant activities.

Article 81:When publicly hearing a case, where public prosecutors or litigation participants submit evidence that involves state secrets, commercial secrets,or private personal information, the court shall stop it; and where it is truly relevant to the case, a decision may be made based on the specific circumstances to transform the case into one that is not tried publicly, or to not publicly conduct the court investigation of relevant evidence.

  Section II: Review and Verification of Physical and Documentary Evidence

Article 82:The review of the following content shall be emphasized for physical and documentary evidence:

(1) Whether the physical or documentary is an original; whether it has been identified or evaluated; whether photos, recordings or reproductions of physical evidence, or copies or photocopies of documentary evidence, conform to the original; whether they were created by two or more people, and whether or not the persons creating them have signed written explanations of their creation and storage.

(2) Whether or not the process and methods of gathering physical and documentary evidence met the requirements of law and relevant regulations; whether physical or documentary evidence that was gathered or seized through an inquest, inspections. or searches have relevant records and catalogs attached, and whether these notes and catalogs have been signed by investigators in supervision or criminal investigations, the person who had possession of the items or authenticating witnesses; and where there are no signatures, whether the reasons are noted; and whether the names of items, their characteristics, number, quality, and other information is clearly indicated;

(3) Whether the physical or documentary evidence was damaged or altered in the course of collection, storage, or evaluation;

(4) whether the physical or documentary evidence is relevant to the case; whether a DNA evaluation has been done to any blood traces, body fluids, hairs, fingerprints, or other physiological evidence, marks or items found at the scene that are relevant to the case and suitable for evaluation, and whether they have been compared to corresponding samples from the defendant and the victim.

(5) Whether all physical and documentary evidence relevant to the facts of the case has been gathered.

Article 83:Physical evidence on which the verdict is based shall be the original items. Where the original item is not convenient to transport or is difficult to store, or shall be returned in accordance with law, the relevant departments shall care for or dispose of it and may make photos, videos or reproductions that sufficiently reflect the appearance and characteristics of the original. When necessary, trial personnel may go to the place where the originals are being cared for to inspect them.

Photos, recordings, or reproductions of physical evidence that cannot reflect the appearance and characteristics of the original must not be the basis of the verdict.

Photographs, recordings, and reproductions of physical evidence that have been verified as faithful to the original, evaluated as being authentic, or verified by other means, may be the basis of a verdict.

Article 84:Documentary evidence on which the verdict is based shall be originals. Where it is truly difficult to obtain the orignal copy, a duplicate or reproduction may be used.

Where documentary evidence is changed, where indications of changes cannot be reasonably explained, or where a duplicate or reproduction of a piece of documentary evidence cannot reflect the original and its contents, it must not be the basis of the case verdict.

Duplicates and reproductions of documentary evidence that have been verified as faithful to the original, have been evaluated or verified by other means, may be used as the basis of the verdict of a case.

Article 85:Where blood traces, body fluids, hair, human tissue, fingerprints, footprints, writing samples, and other physiological samples, traces, or items relevant to the case should have been collected but were not, should have been evaluated or were not, or should have had evaluation opinions transferred but did not, causing the case to be in doubt; the people's courts shall notify the people's procuratorate to supplement the gathering, collection, or transfer of evidence in accordance with law.

Article 86:Physical or documentary evidence collected or seized in the course of an inquest, inspection, or search that does not have a record or inventory attached, or the source of which cannot be proven, must not serve as the basis of a verdict.

Where the process or methods of collecting physical or documentary evidence has the following flaws, it may be accepted after being supplemented or a reasonable explanation being made:

(1) Where the investigators in supervision or criminal investigations, the persons in possession of an item, or authenticating witnesses have not signed the record of an examination, inspection, search, or extraction, or the list of items seized; or where the name, characteristics, quantity and quality other features have not been clearly written;

(2) Where photos, videos, or reproductions of physical evidence and copies or reproductions of documentary evidence have not clearly marked as having been verified as faithful to the original, lack the time of reproduction, or have not been signed by the person who collected them;

(3) Where photos, videos or reproductions of physical evidence and copies or reproductions of documentary evidence, lack a signed explanation by the person making the reproduction regarding the process of creating the reproduction from the original and the location of the original.

(4) There are other defects.

Where the source of physical or documentary evidence, and the procedures by which it was gathered, are in doubt, and no reasonable explanation can be made, it must not be the basis of the verdict.

  Section III: Review and Verification of Witness Testimony and Victim Statements

Article 87:The following contents shall be emphasized when reviewing witness testimony:

(1) Whether or not the content of the testimony was the witness's direct perception;

(2) The age, cognition, memory and expressive ability of the witness when giving testimony, and whether or not their physiological or psychological state influenced their testimony;

(3) Whether or not the witness has an interest in the parties or the results of the case handling;

(4) Whether questioning of the witness was individually performed;

(5) Whether the drafting and revising of the questioning record was done according to law and relevant regulations, whether the time the questioning began and ended and its location are indicated, whether the witness was informed at the first questioning of his rights and duties and legal responsibility, and whether the witness has reviewed and verified the record.

(6) Whether a juvenile witness's legal representatives or an appropriate adult as provided for in paragraph 1 of Criminal Procedure Law article 281 were notified to appear when the juvenile was questioned, and whether or not the relevant persons appeared;

(7) Whether there are any situations in which illegal methods such as violence and threats were used to collect witness testimony;

(8) Whether the testimony is mutually corroborative with other evidence, or there are any contradictions; and where there are contradictions, whether they can be reasonably explained.

Article 88:Testimony from witnesses who were clearly drunk, intoxicated, or drugged, and were unable to perceive normally, or accurately express themselves, must not be used as evidence.

Witness testimony that is speculation, commentary, or inference must not be used as evidence, with the exception of that which may be evaluated as true based on normal life experiences.

Article 89:Witness testimony having any of the following circumstances must not be the basis of the case verdict:

(1) Questioning of the witnesses was not done individually;

(2) Written testimony has not been review and verified by witnesses ;

(3) questioning a deaf or mute person for whom an interpreter should be provided without providing an interpreter.

(4) Questioning a witness who does not understand the local language or writing system, who should be provided an interpreter without providing one.

Article 90:Where the procedures or methods for gathering witness testimony has the following defects, it may be admitted upon supplementation or making of reasonable explanations; where it cannot be supplemented or a reasonable explanation cannot be made, it must not be the basis of a case verdict:

(1) The names of the questioners, record keepers, and legal representatives are not written in the questioning records, nor are the times at which questioning began and ended;

(2) The location of the questioning did not comply with regulations;

(3) There is no record of the witness being informed of their rights, obligations, and legal responsibility in the record of questioning;

(4) The record of questioning reflects that during the same period the same questioner was questioning different witnesses;

(5) a juvenile's legal representative or appropriate adult was not present at the questioning of the juvenile;

Article 91:Testimony given by a witness in court shall be used as a basis for the verdict after having been debated by the defense and prosecution and verified as true in court.

Where a witness's testimony in court contradicts their prior testimony, and the witness is sufficiently able to give a reasonable explanation and there is other corroborating evidence, their courtroom testimony shall be adopted; where they cannot make a reasonable explanation and there is other evidence corroborating their prior testimony, the prior testimony may be adopted.

Where after notice from the people's court a witness refuses to appear in court to testify without a legitimate reason, or refuses to testify when appearing, so that the court is unable to verify the accuracy of their testimony, that witness's testimony must not be the basis of the case verdict.

Article 92:The relevant provisions of this section may be applied by reference to the review and verification of victim statements.

  Section IV: Review and Verification of Defendant Confessions and Justifications

Article 93:The following content shall be emphasized in the review of defendants' confessions and justifications:

(1) Whether factors such as the time and place of the interrogation, the identities and number of interrogators, and the interrogation methods were in compliance with laws and regulations;

(2) Whether the drafting and editing of the interrogation record complied with laws and relevant regulations; whether the specific location and times at which the interrogation began and ended are noted in the interrogation record, whether the defendant was informed of his relevant rights and legal provisions at the first interrogation, whether it has been reviewed and verified by the defendant;

(3) Whether or not a juvenile defendant's legal representative or appropriate adult were notified to appear when they were interrogated, and whether or not the relevant persons appeared;

(4) Whether there were female staff present when female juvenile defendants were interrogated;

(5) Whether there are any circumstances of torture to extract confessions or other illegal evidence gathering in the collection of the defendants' confessions;

(6) Whether the defendant's statements are coherent, and whether there is any repetition, as well as the reasons for that repetition;

(7) Whether the defendant's statements and justifications were all transferred with the case;

(8) Whether the content of the defendant's justifications conforms to the case situation and common sense, and whether there are any contradictions;

(9) Whether a defendants' confessions and justifications are mutually corroborative or have contradictions with the confessions and justifications of other suspects in the same case as well as other evidence; and whether any contradictions can be reasonably explained.

When necessary, a review of the defendant's confessions and justifications may be conducted in consideration of video recordings of law enforcement at the scene, audiovisual recordings of interrogations, the defendant's health inspections from intake at the detention center, and so forth.

Article 94:Where the defendant's confessions have any of the following circumstances, they must not be the basis of a case verdict:

(1) The interrogation record has not been reviewed and verified by the defendant;

(2) A sign-language interpreter was not provided as required when interrogating a deaf/mute person;

(3) An interpreter was not provided as required when interrogating a defendant who did not understand the local language or writing;

(4) A juvenile defendant's legal representative or an appropriate adult was not present at their interrogation;

Article 95:Interrogation records with the following flaws may be adopted upon being supplemented or a reasonable explanation being put forth, and where they cannot be supplemented or a reasonable explanation cannot be made, they must not be the basis of a verdict:

(1) There is a mistake or contradiction in the interrogation records such as in writing the interrogation time, location, interrogators, record keepers, or legal representatives;

(2) The interrogators have not signed;

(3) There is no record of the defendants being informed of their relevant rights and legal provisions in the first interrogation record.

Article 96:Review of a defendants' confessions and justifications shall consider all evidence submitted by both the prosecution and defense, and all confessions and justifications made by the defendants.

Where a defendant recants their confessions at court, but cannot reasonably explain the reason for recanting or their explanation is at odds with the entirety of the case evidence, and their confessions made before trial are mutually corroborative with other evidence, the pre-trial statements may be adopted.

Where the defendant's pre-trial statements and justification vacillate, but they confess at trial, and it is corroborated by other evidence, the confession at trial may be adopted; where the defendant's pretrial confessions and explanations vacillate and they do not admit guilt at trial, and there is no other evidence corroborating the confession, the pre-trial statements must not be adopted.

  Section 5: Review and Affirmation of Evaluation Opinions

Article 97:The following content shall be emphasized when reviewing evaluation opinions:

(1) Whether the evaluation establishment and evaluator have the legally-prescribed qualifications;

(2) Whether any situations exist that call for recusal;

(3) whether the source, acquisition, storage, and delivery of the evaluation materials was done in accordance with laws and relevant regulations, whether it is consistent with relevant records, seizure lists, or content of other such records, and whether the evaluation materials are reliable;

(4) Whether the formal requirements for evaluation opinions are complete, whether the reason for the evaluation, the person calling for the evaluation, the evaluation establishment, the evaluation request, the evaluation process, the evaluation methods, the date of the evaluation, and other relevant content are noted; and whether the evaluation establishment has affixed a seal and whether the evaluator has signed;

(5) Whether the evaluation procedures complied with laws and relevant regulations;

(6) Whether the evaluation process and methods were compliant with the requirements of relevant professional specifications;

(7) Whether the evaluation opinion is clear;

(8) Whether the evaluation opinion is relevant to the facts of the case;

(9) Whether there are any contradictions between the evaluation opinion and records of inquests or inspections and relevant photographs or other evidence; and where there are contradictions, whether they can be reasonably explained;

(10) Whether relevant parties were promptly informed of the evaluation opinion, and whether the parties have any objections to the evaluation opinion.

Article 98:Evaluation opinions with any of the following circumstances must not be the basis of a case verdict:

(1) The evaluation establishment lacks statutory qualifications or the evaluation exceeds the scope of the evaluation establishment's operations and technical capacity;

(2) The evaluator does not have the statutory qualifications or does not have the relevant technical expertise or title, or violates provisions about recusal;

(3) The source of the evaluation materials or samples is unclear or the materials have been polluted so as to not meet the requirements for evaluation;

(4) The evaluation materials or samples are not the same as the target of the evaluation;

(5) The evaluation procedures violated regulations;

(6) The evaluation process and methods did not meet the requirements of professional regulations;

(7) The evaluation documents are lacking a signature or seal;

(8) The evaluation opinion is not relevant to the facts of the case;

(9) Other circumstances that violate relevant regulations.

Article 99:Where after notice from the people's court an evaluator refuses to appear in court to testify, the evaluation opinion must not serve as the basis for the verdict.

Where the evaluator cannot appear in court due to Force Majeure or other legitimate reasons, the people's court may extend trial or have a new evaluation, based on the circumstances.

The people's courts shall issue a notice to the judicial administrative organs or relevant departments where evaluators refuse to appear in court to testify without a legitimate reason.

Article 100:Where persons with specialized knowledge are appointed or hired to make reports on specialized issues in the case because there is no evaluation establishment, or on the basis of laws and judicial interpretations, it may be used as evidence.

The relevant provisions of this section are to be applied by reference to the review and verification of the reports provided for in the preceding paragraph.

Where after notice from the people's court, the person who made the report refuses to appear in court to testify, that report must not serve as the basis for the verdict.

Article 101:Reports made by relevant departments that conducted an investigation of an accident may be used as evidence in criminal proceedings; and where comments in the report involve specialized issues, they may be the basis for a verdict after they are verified by the court and where the investigation procedures complied with laws and relevant regulations.

  Section VI: Review and Verification of Records Such as for Inquests, Inspections, Identifications, and Investigative Experiments

Article 102:The review of inquest or inspection records shall emphasize the review of the following content:

(1) Whether the inquest or inspection was lawfully performed, whether the record was drafted according to laws and relevant regulations, whether the personnel conducting the inquest or inspection, and authenticating witnesses have signed it or affixed a seal;

(2) Whether inquest or inspection records note the reason for calling for an inspection or inquest; the time and place of the inspection or inquest; factors such as personnel at the scene, the layout of the scene, and the surrounding environment; circumstances such as the location and characteristics of objects, persons or corpses at the scene; together with the process of the inquest, inspection. Whether written records and objects or drawings, photos and videos correspond; whether the scene, objects, scars, and so forth are fabricated or have been damaged; and whether personal characteristics, injuries or physiological states have been concealed or altered;

(3) Where a supplementary inquest or inspection is performed, whether the reason for the second inquest or inspection is explained, and whether there are contradictions between the first and second inquests or investigations.

Article 103: Where the inquest or inspection records have circumstances obviously not complying with the law or relevant regulations that cannot be reasonably explained, they must not serve as the basis of the verdict.

Article 104: Review of the records from an identification shall emphasize the identification process, methods, and whether the drafting of the records complied with relevant regulations.

Article 105: Where the identification record has any of the following circumstances, it must not be the basis of the verdict:

(1) The investigators in supervision or criminal investigations did not preside over the investigation;

(2) the person making the identification saw the person being identified before the identification;

(3) The identifications were not performed individually;

(4) The subject of the identification was not mixed in with others sharing similar characteristics, or the number of persons in the line up did not meet regulations;

(5) During the identification, the person leading it hinted or clearly indicated the suspect;

(6) Relevant regulations were violated and there is no way to verify the veracity of the identification record.

Article 106: The review of investigative experiment records shall emphasize whether the experiment's procedures, methods, and the drafting of the record complied with relevant provisions.

Article 107:Where there are major differences between the conditions of an investigative experiment and those at the time the event occurred, or there are other factors that might impact the scientific conclusions of the experiment, the investigative experiment must not serve as the basis of a verdict.

  Section 7: Review and Affirmation of Audio-Visual Materials and Electronic Data

Article 108:The review of audio-visual materials shall emphasize the following content:

(1) whether a description of the collection process and the source is attached;

(2) Whether it is the original, whether there are any reproductions and the number of reproductions, whether there are attached explanations of the reasons why the original could not be collected, the process of creating reproductions and the location of the original, and whether they are signed by the person making the reproductions and the person in possession of the original audio-visual materials;

(3) whether there were any circumstances violating laws or relevant regulations in the creation process, such as threatening or enticing the parties;

(4) whether or not the identity of the author and the person in possession of the item are clearly written, as well as the time, place, conditions, and method of the drafting.

(5) whether the contents and drafting process are accurate, whether there has been any editing, additions, deletions, or other such circumstances.

(6) Whether the content is relevant to the facts of the case.

Where there are questions concerning audio or visual materials, an expert evaluation shall be performed.

Article 109:Audio-visual materials that have any of the following circumstances must not serve as the basis for a verdict:

(1) they are altered, forged, or their authenticity cannot be determined;

(2) There are questions surrounding aspects such as the time, place, method of its drafting or gathering, that cannot be reasonably explained.

Article 110:Review of whether electronic data is authentic shall focus on the following content:

(1) Whether the original storage medium was transferred; whether the reasons are explained when the original storage medium could not be sealed or was impractical to transfer, and are situations noted, such as the collection and extraction process, the location of the original storage medium, and the source of the electronic data.

(2) Whether it has a digital signature, digital certificate, or other special identifiers;

(3) Whether the collection or extraction process could be reproduced;

(4) Whether there are explanations for circumstances such as additions, deletions, or revisions;

(5) Whether the integrity can be guaranteed.

Article 111:Whether the electronic data is complete should be reviewed and verified based on the methods used to protect its integrity:

(1) Review the state of seizure and sealing of the original storage medium;

(2) Review the collection and extraction process for electronic data, and check video recordings;

(3) Compare integrity check values for electronic data;

(4) Conduct a comparison with backups of electronic data;

(5) Review access and operation logs after freezing;

(6) Other methods.

Article 112:Review of whether the collection or extraction of electronic data is lawful, shall focus on the following content:

(1) Whether the collection or extraction of electronic data was carried out by two or more investigators in supervision or criminal investigations, and whether the methods of evidence gathering complied with technical standards;

(2) Whether there are attached records and lists for the collection and extraction of electronic data, and they have been signed or had a seal affixed by the investigators in supervision or criminal investigations, the person in possession or providing the electronic data, and authenticating witnesses; and whether reasons are given where they are not signed or affixed with a seal, and whether information such as the type and file formats of electronic data is clearly noted;

(3) Whether relevant provisions were followed in having eligible persons serve as authenticating witnesses, and whether relevant activities were video recorded.

(4) Whether strict approval procedures were conducted for the use of technical measures to gather or extract electronic data in supervision or criminal investigations;

(5) Whether the inspection procedures for the inspection of electronic data complied with relevant provisions.

Article 113:Where the procedures for collecting or extracting electronic data have the following defects, it may be admitted upon supplementation and correction or the issuance of a reasonable explanation; where it cannot be supplemented and corrected, or a reasonable explanation cannot be made, it must not be the basis of a case verdict:

(1) Failure to transfer in a sealed state;

(2) Records or lists do not have the signature or seal of the investigators in supervision or criminal investigations, the person who has possession or provides the electronic data, or authenticating witnesses;

(3) The electronic data's name, type, format, and so forth are not clearly noted;

(4) There are other defects.

Article 114:Electronic data that has any of the following circumstances must not serve as the basis for a verdict:

(1) they are altered, forged, or their authenticity cannot be determined;

(2) there are additions, deletions, modifications, or other such circumstances, impacting the veracity of the electronic data;

(3) Other circumstances where there is no way to ensure the veracity of electronic data.

Article 115:For audiovisual materials and electronic data, a review shall also be made of whether a transcript was sent, as well as explanations of any codes, codewords, slang, dialects, or other content that is difficult to understand. Where there were not sent, the people's procuratorate may be requested to send them when necessary.

  Section 8: Review and Affirmation of Evidence from Technical Investigation in Supervision or Criminal Investigations

Article 116:Materials lawfully gathered through technical measures in supervision or criminal investigations may be used as evidence in criminal prosecutions.

Where materials gathered through technical measures in supervision or criminal investigation are used as evidence, they shall be transferred with the case.

Article 117:Where evidence materials gathered through technical measures in supervision or criminal investigations might endanger the physical safety of relevant persons or cause other serious consequences, the following protective measures may be employed:

(1) Use pseudonyms and the like to replace the personal information of the investigators and other relevant persons;

(2) Don't write out the specific technical equipment and methods used in the supervision or criminal investigation;

(3) other necessary protective measures.

Article 118:Where technical investigation evidence materials from supervision or criminal investigations are transferred, the legal documents for employing the technical investigation measures, a list of the technical investigation, and relevant explanatory materials shall be attached.

Where audiovisual materials and electronic data gathered through technical measures in supervision or criminal investigations are transferred, a new storage medium shall be created with an explanation stating information such as the location of the original evidence materials and the original storage medium attached and signed by the person creating it, and with the unit's seal attached.

Article 119:The following content shall be emphasized in the review of evidence materials collected through technical measures in supervision or criminal investigations in addition to the reviews conducted in accordance with Section 2 of this Chapter based on what type of evidence it is:

(1) Whether the case on which the technical investigative measures were focused complied with laws;

(2) Whether the technical measures in supervision investigations went through strict approval procedures and were given to relevant organs for enforcement as provided; and whether technical measures in criminal investigations went through strict approval procedures after a case was filed;

(3) Whether technical measures in supervision or criminal investigations were carried out in accordance with the content of approvals in terms of their type, targets, and duration;

(4) Whether there are any contradictions between the evidence gathered through technical measures in supervision or criminal investigations and other evidence; and where there are contradictions, whether they can be reasonably explained;

Article 120:Evidence materials gathered through the use of technical measures in supervision and criminal investigations shall be verified during court investigation through procedures such as presentation, identification, and debate;

Where the investigation at court of the evidence gathered through technical measures in supervision or criminal investigations might endanger relevant persons' physical safety or might cause other serious consequences, the court shall adopt protective measures such as not revealing the revealing their identities or the technical equipment and technical methods used. When necessary, trial personnel may verify the evidence outside of court.

Article 121:Where evidence collected by technical measures in supervision or criminal investigations is the basis of the verdict, the people's court may state the name and type of the evidence in the judgment documents, as well as the thing it proves, but must not state the identities of the relevant personnel and technical equipment and technical methods employed in the technical investigation.

Article 122:Where people's courts find that technical evidence materials from supervision or criminal investigations that should be transferred were not, they shall notify the people's procuratorates to transfer them in a designated period of time. Where the people's procuratorate does not transfer it, the people's courts shall determine the case facts based on the evidence at hand.

  Section 9: Exclusion of Illegal Evidence

Article 123:Defendants' confessions extracted through the following illegal methods shall be excluded:

(1) the use of the egregious tactics of using violent methods such as hitting, the unlawful use of restraints, or indirect corporal punishment; causing defendants to endure unbearable suffering and confess against their will;

(2) the use of intimidation tactics using violence or seriously harming their lawful rights and interests or those of their relatives; causing defendants to endure unbearable suffering and confess against their will;

(3) The use of unlawful confinement or other illegal restrictions on physical liberty to collect defendants' confessions.

Article 124:Where extortion of confessions by torture is used to make defendants confess, and the defendant makes subsequent repeat confessions similar to that confession because of the influence of that [prior] use of torture to extract confessions, they shall all be excluded together, with the following exceptions:

(1) Where, during the supervision or criminal investigation, the supervision organs or investigating organs confirm, or cannot rule out, that evidence was gathered by illegal means, and they, therefore, change investigators; and when other investigators conduct interrogation again, they give information on relevant rights and on the legal consequences of admitting guilt, and the defendant voluntarily confesses;

(2) Where, during the periods of review for arrest, review for prosecution, and trial, the prosecutors or trial personnel give information on procedural rights and the legal consequences of admitting guilt when conducting interrogations, and the defendant voluntary confesses.

Article 125:Witness testimony and victim statements gathered through the use of violence, threats and unlawful restrictions of physical liberty, or other unlawful means, shall be excluded.

Article 126:Where the gathering of physical or documentary evidence does not comply with legally prescribed procedures and might seriously influence judicial fairness, supplementation and correction or reasonable explanations shall be provided; and where it cannot be supplemented and corrected, or reasonable explanation cannot be provided, that evidence shall be excluded.

In determining that it "might seriously affect the judicial fairness", circumstances such as the collection of evidence contrary to legal procedures and the severity of the consequences it caused shall be comprehensively considered.

Article 127:Where parties, their defenders, or agents ad litem apply to the people's court for the exclusion of illegally collected evidence, they shall provide leads or materials such as the relevant persons, times, places, means, and content of the alleged illegal evidence gathering.

Article 128:When people's courts send a copy of the indictment to the defendant and his defender, they shall notify them that applications to exclude illegal evidence shall be raised before court opens for trial, except where relevant leads or materials are only discovered during trial.

Article 129:Before trial, where the parties and their defenders or agents ad litem apply to the people's court for the exclusion of illegal evidence, the people's court shall without promptly send a copy of the application documents or record along with relevant leads or materials to the people's procuratorate before commencing in-court proceedings.

Article 130:Before trial, people's courts may convene a pretrial conference to learn about issues such as the exclusion of illegal evidence and hear opinions.

During the pretrial conference, the people's procuratorates may explain the legality of evidence collection through means such as the presentation of relevant evidence materials. When necessary, they may notify investigators in supervision or criminal investigations or other persons to participate in the pretrial conference to explain the circumstances.

Article 131:During the pretrial conference, the people's procuratorate may withdraw the relevant evidence. Evidence that is withdrawn must not be presented in court absent new grounds.

Parties and their defenders or agents ad litem may withdraw applications for the exclusion of illegal evidence. After the withdrawal of the application, they must not again submit an application for the exclusion of the evidence, absent new leads or materials.

Article 132:Where parties and their defenders or agents ad litem did not apply for the exclusion of illegal evidence before trial, but make an application during the course of trial, they shall explain the reasons. Where upon review the people's courts have doubts as to the legality of evidence collection, an investigation shall be conducted; but where there is no doubt, the application is to be rejected.

After an application for the exclusion of illegal evidence is rejected, where a party, their defender or agent ad litem makes another application on the same grounds without new leads or materials, the people's court is not to review it again.

Article 133: Where the prosecution and defense fail to reach a consensus on the legality of evidence collection during the pretrial conference, and the people's court has doubts about the legality of the evidence collection, it shall conduct an investigation during trial; but where the people's court has no doubts about the legality of the evidence gathering, and there are no new leads or materials showing that their might have been illegal evidence collection, it may decide to not conduct another investigation.

Article 134:During the trial period, where the court decides to conduct an investigation of the legality of evidence collection, it shall first conduct an investigation at court. However, in order to prevent excessive delay of the trial, the court may also investigate before the end of court investigation.

Article 135:Where the court decides to conduct an investigation on the legality of evidence collection, the public prosecutors are to prove the legality of evidence collection through methods such as reading out the interrogation records from the supervision and criminal investigations; presenting evidence materials such as the registry of removals for interrogation, physical inspection records, and materials from reviews of the legality of evidence collection; focused playback of audio or video recordings of the interrogations, or asking the court to notify relevant investigators in supervision or criminal investigations or other personnel to appear in court to explain the situation.

Where audio or video recordings of interrogation involve state secrets, commercial secrets, personal privacy, or other content not suitable for public disclosure, the court may decide not to make the broadcast or debate of the recordings public.

Materials submitted by the prosecution explaining the legality of the evidence-gathering process shall be signed by the relevant investigators in supervision or criminal investigations and have the unit's seal affixed. Where they are not signed or do not have a seal affixed, they must not be used as evidence. The explanatory materials described above cannot alone be the basis for showing the legality of the evidence-gathering process.

Article 136:Where the prosecution and defense apply to the court to notify investigators in supervision or criminal investigations or other personnel to appear in court to explain situations, and the court finds that it is necessary to do so, it shall notify the relevant personnel to appear in court.

Based on the circumstances of the case, the court may notify investigators in supervision or criminal investigations to appear in court to explain the circumstances in accordance with its authority.

Where investigators in supervision or criminal investigations or other personnel appear in court, they shall explain the process of gathering evidence to the court and take questions on the relevant circumstances from the prosecution and defense and the court.

Article 137:Where after the court conducts an investigation into the legality of evidence collection, circumstances of illegal evidence collection as provided for in article 56 of the Criminal Procedure Law are confirmed or cannot be excluded as a possibility, the relevant evidence shall be excluded.

Article 138:In any of the following circumstances, the people's court for the second-instance trial shall conduct a review of the legality of evidence collection and handle the situation in accordance with the relevant provisions of the Criminal Procedure Law and this interpretation.

(1) The first-instance people's court did not review an application to exclude evidence from a party, their defender or agent ad litem, and that evidence was used as a basis for the verdict;

(2) The people's procuratorate or defendant, private prosecutor, or their legal representatives disagree with the investigation conclusions of the first-instance court regarding the legality of evidence gathering, and raises an appeal or counter-appeal;

(3) A party or their defender or agent ad litem only discovered leads or materials after the conclusion of the first-instance trial and applies to the people's court to exclude evidence.

  Section 10: Comprehensive Review and Use of Evidence

Article 139:A comprehensive review of all evidence in the case shall be performed in determining the veracity of evidence.

The weight of evidence shall be reviewed and assessed based on the specific circumstances in terms of factors such as the degree of relevance between the evidence and the facts of the case, and the connections between pieces of evidence.

Article 140:Where there is no direct evidence, but the circumstantial evidence meets all the following requirements, the defendant may be found guilty:

(1) the evidence has already been ascertained as true;

(2) The evidence is mutually corroborative and there are no contradictions that cannot be excluded and no doubts that cannot be explained;

(3) All evidence in the case forms a complete chain of evidence;

(4) The facts of the case as established by evidence are sufficient to exclude reasonable doubt and there is only one possible conclusion;

(5) The inferences using the evidence accord with logic and experience.

Article 141 :Defendants may be found guilty where their confessions lead to heavily concealed physical or documentary evidence, the confessions and other evidence corroborate each other, and the possibility of collusion, torture to extract confessions, or enticement to extract confessions has been excluded.

Article 142:Materials provided by the supervision organs or investigative organs, such as their experience in the defendants' appearance or capture, shall be reviewed for whether they have the signature and seal of the case-handling personnel and organs that presenting the materials.

The people's procuratorate shall be notified to provide a supplementary explanation where there is doubt surrounding the recount of experiences in the appearances or capture, or as to the basis for determining the defendant was a major suspect.

Article 143:The following evidence shall be used cautiously, but may be credited where there is other corroborating evidence:

(1) Statements, testimony, or confessions by victims, witnesses, or defendants who have difficulty understanding the case and expressing themselves due to physiological or psychological deficits, but have not lost their capacity to understand and express themselves;

(2) testimony beneficial to the defendant that is given by witnesses who are the defendants' relatives or other close associates, and any testimony against the defendant that is given by witnesses who have conflicting interests with the defendant.

Article 144:Evidence materials showing that the defendant gave himself up, came clean, or made a meritorious contribution, which lack the seal of units such as those accepting their surrender, confession, or information, or which lack the signature of the person who accepted these, must not serve as the basis of a verdict.

Where the defendant or defender submit facts and grounds for showing that the defendant gave themselves up, came clean, or performed meritorious contributions, but that the relevant department has not verified this; or where the relevant department submits incomplete evidence showing that the defendant gave themselves up, came clean or performed meritorious contributions, the people's court shall request that the relevant organs provide supporting evidence or that relevant persons testify, and consider the evidence together with all other evidence.

Article 145 :Evidentiary materials showing circumstances such as that the defendant is a repeat offender or repeat drug offender shall include materials such as the previous offenses' judgment documents and the proof of release; where the materials are incomplete, the people's procuratorate shall be requested to provide them.

Article 146:Review of whether the defendant had achieved the relevant age of legal responsibility when committing the crimes charged or when the case was heard, shall be based on a comprehensive assessment of evidence such as proofs of household registration, birth certificates, student identification, census registration, and testimony by disinterested parties.

Where the evidence showing that the defendant is already 12, 14, 16, or 18 years old, or showing that they are already 75 years old, is insufficient, the finding favorable to the defendant shall be made.

  Chapter V: Compulsory Measures

Article 147:Based on the circumstances of the case, people's courts may decide to have the defendant taken into custody, released on guarantee pending further investigation, placed under residential surveillance, or arrested.

The court president is to make a decision on the adoption or withdrawal of compulsory measures against defendants, but a collegial panel or single judge hearing a case may make the decision to continue release on guarantee or residential surveillance.

Article 148:Custodial summons may be used for defendants who have been summoned to court but refuse to appear, or for defendants who need to be put under custodial summons based on the circumstances of the case.

For custodial summons of defendants, the court president shall sign and issue the custodial summons warrant, and the court police shall enforce it with at least two enforcement personnel.

The custodial summons warrant shall be presented when putting a defendant under custodial summons. Restraints may be used on defendants resisting the custodial summons.

Article 149:The duration of a custodial summons must not be continued beyond 12 hours; where the circumstances of the crime are particularly serious or complicated and it is necessary to employ arrest procedures, the time period must not be continued beyond 24 hours. Repeated use of custodial summons must not be used as an indirect form of detaining defendants. Food, drink, and necessary rest time shall be ensured for persons under custodial summons.

Article 150:Where the defendant has any of the circumstances provided for in article 67, paragraph 1, of the Criminal Procedure Law, the people's court may decide to release them on guarantee pending further investigation.

Defendants released on guarantee pending further investigation shall be ordered to provide a guarantor or give over a guarantee deposit, but guarantors and guarantee deposits must not be used at the same time.

Article 151:When releasing the following types of defendants on guarantee pending further investigation, they may be ordered to provide 1 or 2 guarantors:

(1) those unable to pay the guarantee deposit;

(2) Juveniles or persons already seventy-five years-old;

(3) Other defendants where the collection of a guarantee deposit is inappropriate.

Article 152:People's courts shall review whether guarantors meet the legally-prescribed requirements. Where the requirements are met, they shall be notified of the obligations they must perform as well as the legal consequences of not performing the obligations, and a certificate of guarantee is to be issued.

Article 153:Where a person released on guarantee pending further investigation has used a guarantee deposit, the specific amount of the guarantee deposit shall be determined according to the provisions of Criminal Procedure Law article 72, paragraph 1; and the defendant, or the unit or individual providing the guarantee deposit on their behalf is to be ordered to make a lump sum deposit into a special account designated by the public security organ.

Article 154:After the people's court announces the decision to release the defendant on guarantee, it shall send the release decision document and other relevant materials to the local public security organs.

Where the defendant uses a guarantee deposit as a guarantee, after it is verified that the guarantee deposit has already been deposited in the special bank account designated by the public security organs, the bank's certificate of receipt shall also be sent to the public security organ.

Article 155:Where during the period of release on guarantee the guarantor is unwilling to continue fulfilling their duties as guarantor, or loses the capacity to fulfill their duties as guarantor, within 3 days of receiving an application from the guarantor or written notice from a public security organ, the people's court shall order the defendant to submit a new guarantor or hand over a guarantee deposit, or shall modify the compulsory measures and inform the public security organ.

Article 156:Where people's courts discover that guarantors have failed to perform obligations of guarantee, they shall inform the public security organs in writing to handle it.

Article 157:Where on the basis of the case facts, laws, and regulations, a defendant found to have already committed a crime goes into hiding during the period of release on guarantee, if the guarantor clearly knows the defendant's whereabouts but refuses to provide them to the judicial organs, the guarantor will be pursued for responsibility in accordance with law.

Article 158:Where the people's courts discover that a person released on guarantee using a guarantee deposit has violated the provisions of article Criminal Procedure Law article 71, paragraphs 1 or 2, they shall inform the public security organs in writing to handle it in accordance with law.

After the peoples' courts receive written notice from the public security organ that they have already confiscated the guarantee deposit or a suggestion to modify compulsory measures, they shall either order the defendant to provide a statement of remorse and hand over a new guarantee deposit or submit a new guarantor, or shall modify the compulsory measures, within 5 days.

Where the people's courts decide to continue release on guarantee for a defendant whose guarantee deposit has been confiscated in accordance with law, calculation of the time period for the release will be continued.

Article 159:After a judgment or ruling for a defendant who is released on guarantee becomes effective, if the guarantee deposit is their personal property and needs to be used for victim restitution, to perform obligations of compensation in attached civil litigation, or for the enforcement of punishments against property, the people's court shall notify the public security organs in writing to transfer the entire guarantee deposit, and the people's court will make a disposition and return the remaining portion to the defendant.

Article 160:The people's courts may decide to place a defendant having the circumstances provided for in article 74, paragraphs 1 and 2 of the Criminal Procedure Law, under residential surveillance.

Where a people's court decides to place defendants under residential surveillance, they shall verify their residences; and where they do not have a fixed residence, the court shall designate a residence for them.

Article 161:After people's courts announce a residential surveillance decision to the defendant, they shall send the written residential surveillance decision and other relevant materials to the public security organ for the place of the defendant's residence or the designated residence, for enforcement.

Within 24 hours of placing a defendant under residential surveillance in a designated location, the people's courts shall inform their families of the reasons and location for residential surveillance, and where there is truly no way to notify them, this shall be recorded in the case.

Article 162:After the people's procuratorate or the public security organs have already released a suspect on guarantee or placed them under residential surveillance, and the case has been initiated in the people's court, where it is necessary to continue the release on guarantee, residential surveillance, or other compulsory measures, the people's courts shall issue a decision within 7 days and notify the people's procuratorate and public security organ.

Where it is decided to continue release on guarantee or residential surveillance, the procedures shall be completed anew and the time period reset; where the guarantee deposit will remain in use, another guarantee deposit is not to be collected.

Article 163:The people's courts shall make a decision to arrest defendants who have the circumstances provided for in Criminal Procedure Law article 81, paragraphs 1 or 3.

Article 164:Where a defendant released on guarantee pending further investigation has any of the following circumstances, the people's court shall decide to arrest them:

(1) Intentionally committed another crime;

(2) plan to commit suicide or escape;

(3) destroyed or fabricated evidence, interfered with witnesses giving testimony, or colluded testimony;

(4) attacked in revenge, intimidated, or harassed a victim, witness, evaluator, informant, accuser, or the like;

(5) Failed to appear without legitimate reasons after being summoned, impacting the normal conduct of trial activities;

(6) Changed residences or contact methods of their own volition, making it impossible to summon them, and impacting the normal conduct of trial activities;

(7) Left their city or country of residence of their own volition and without permission, impacting the normal conduct of trial activities, or left the city or county of residence two times without permission;

(8) Violated rules by entering a designated location, by meeting or communicating with designated persons, or by engaging in designated activities, either impacting the normal conduct of courtroom activities or having violated the relevant rules two times;

(9) other circumstances where a decision to arrest shall be made in accordance with law.

Article 165:The people's courts shall make a decision to arrest defendants who are under residential surveillance in any of the following circumstances:

(1) They have any of the circumstances mentioned in items (1)-(5) of the previous article;

(2) They leave the site of residential surveillance of their own volition and without permission, impacting the normal conduct of trial activities, or leave the site of residential surveillance twice on their own volition without permission.

(3) They meet or communicate with others without getting permission and of their own volition, impacting the normal conduct of trial activities, or meet or communicates with others without permission twice;

(4) they were not arrested because of a serious illness that left them unable to care for themselves or because they were pregnant or nursing their child, and they have recovered from illness or finished nursing.

(5) other circumstances where a decision to arrest shall be made in accordance with law.

Article 166:A decision to arrest may be made for defendants who might be sentenced up to a term of imprisonment, or who violate provisions of release on guarantee or residential surveillance, seriously impacting the normal conduct of litigation activities.

Article 167:After a people's court makes a decision to arrest, the arrest decision and other relevant materials shall be sent to the public security organs for enforcement, and a copy of the arrest decision is to be sent to the people's procuratorate. After a defendant has been arrested, the people's court shall notify their family within 24 hours of the reason for their arrest and the place of detention; and where there is truly no way to notify them, this shall be recorded in the case.

Chapter 168:Defendants that the people's courts have decided to arrest shall be interrogated within 24 hours of being arrested. Where it is discovered that they should not be arrested, they shall be immediately released. When necessary, compulsory measures may be modified in accordance with law.

Article 169 :Where an arrested defendant has any of the following circumstances, the people's court may modify the compulsory measures:

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

(2) pregnant or currently nursing their own infant.

(3) is the sole caretaker of a person lacking the ability to care for themselves.

Article 170 :Where an arrested defendant has any of the following circumstances, the people's court shall immediately release them; and when necessary may modify the compulsory measures in accordance with law:

(1) A criminal defendant who is found not-guilty, to not bear criminal responsibility, or have criminal punishment waived by the people's court for the first-instance trial;

(2) those sentenced by the first-instance court to controlled release, suspended sentence, or independent use of a supplementary punishment, where the judgment has not yet taken legal effect;

(3) defendants whose time in detention has already reached the duration to which the first-instance court has sentenced them;

(4) Cases where the trial cannot be completed within the time provided by law.

Article 171:Where people's courts decide to release the defendant, they shall immediately send the notification of release to the public security organs for enforcement.

Article 172:Where defendants under compulsory measures are sentenced to controlled release or a suspended sentence, the compulsory measures are automatically lifted after the start of community corrections; where they were given a supplementary punishment as the only punishment, the compulsory measures are automatically lifted after the judgment or ruling takes legal effect; and where they are sentenced to imprisonment, the compulsory measures are automically lifted after enforcement of the criminal punishment begins.

Article 173:Where the people's procuratorates suggest releasing a defendant that the people's courts have decided to arrest, or modifying the compulsory measures against them, the people's courts shall notify the people's procuratorates of the disposition within 10 days of receiving the suggestion.

Article 174 :Defendants and their legal representatives, relatives, or defenders requesting a modification or lifting of compulsory measures shall explain the reasons. After people's courts receive the application they shall issue a decision within 3 days. Where consenting to the modification or lifting of compulsory measures, they shall handle it in accordance with the provisions of this interpretation, where they do not agree, they shall notify the applicant and explain the reasons.

Chapter VI: Attached Civil Litigation

Article 175 :Victims whose personal rights were violated by the crime or whose property was destroyed or suffered material damage from the offender have the right to initiate attached civil litigation during the course of the criminal litigation; where victims have died or lost the capacity to act, their legal representatives or close relatives have the right to initiate attached civil litigation.

The people's court will normally not accept attached civil litigation or independent civil lawsuits requesting compensation for psychological damages resulting from criminal violations.

Article 176 :Where the defendant takes unlawful possession or disposes of the victims' property, it shall be recovered or have restitution ordered in accordance with law. Where the victim initiates attached civil litigation, the people's court is not to accept it. The circumstance of recovery and restitution may serve as a circumstance in sentencing considerations.

Article 177 :When employees of state institutions violate others' rights in person and property so as to comprise a crime in the exercise of their authority, and the victim, their legal representative, or close relatives raise attached civil litigation, the people's court is not to accept it, but should inform them that they may apply for state compensation in accordance with law.

Article 178:After people's courts accept a criminal case, where the requirements of article 101 of the Criminal Procedure Law and article 175, paragraph 1 of this interpretation are met, they may inform the victims, their legal representatives or close relatives that they have the right to raise attached civil litigation.

Where a person with the right to raise attached civil litigation waives that right, it shall be permitted and noted in the case.

Article 179: Where the injured workplace has not raised an attached civil lawsuit regarding damage to state or collective property, and the people's procuratorate raises an attached civil lawsuit when it raises the public prosecution, the court shall accept it.

Where the people's procuratorates initiate attached civil litigation, they shall be listed as the plaintiff in the attached civil lawsuit.

Where defendants take illegal possession or dispose of state property or collectively owned property, it shall be handled in accordance with the provisions of article 176 of this interpretation.

Article 180:Persons bearing a responsibility to compensate in accordance with law in attached civil litigation include:

(1) The criminal defendant and other joint violators who have not been pursued for criminal liability;

(2) The criminal defendant's guardians;

(3) The heirs of a person sentenced to death;

(4) The heirs of a defendant who died before the case is resolved in a joint criminal case.

(5) Other units or individuals who shall bear the responsibility of compensating the victim's material losses in accordance with law.

Where the defendant in an attached civil lawsuit's relatives are willing to compensate on their behalf, it may be permitted.

Article 181:Where the victims, their legal representatives, or close relatives raise an attached civil lawsuit against only some of those who jointly infringed rights, the people's court should inform them that they may jointly raise attached civil suits against the other joint violators, including those not being pursued criminally, but excluding joint criminal offenders in the case who are still at large.

Where the victims, their legal representatives, or close relatives waive their litigation rights against the other joint violators, the people's court should inform them of the corresponding legal consequences and explain the circumstance of their waiving the right to sue in the ruling.

Article 182:The requirements for initiating attached civil litigation are:

(1) The person filing meets the statutory requirements;

(2) There is a clear defendant;

(3) There is a specific demand for compensation, and supporting facts and reasons;

(4) it is within the scope of attached civil litigation accepted by the people's courts.

Article 183:In cases of joint crimes, where one of the co-defendants is at large, he should not be listed as a defendant in the attached civil litigation. After a suspect who fled is brought in, the victims, their legal representatives, or close relatives may raise an attached civil lawsuit against them, except where they have already received full compensation from other joint violators.

Article 184:Attached civil litigation shall be initiated promptly after criminal cases are filed:

A civil complaint shall be submitted in initiating attached civil litigation.

Article 185:During the investigation or review for prosecution, where a person with the right to raise an attached civil lawsuit makes a demand for compensation, and the public security organ or people's procuratorate has mediated and the parties have already reached an agreement and fully performed on it, but the victims, their legal representatives, or close relatives raise an attached civil lawsuit, the court is not to accept it except where there is evidence showing that the mediation violated the principles of voluntariness and legality.

Article 186:Where the victims, their legal representatives, or close relatives raise an attached civil lawsuit, the people's court shall decide whether to accept the case within 7 days. Where the requirements of the Criminal Procedure Law article 101 or the relevant provisions of this interpretation are met, it shall be accepted; where the requirements are not met, a ruling is to be made to not accept it.

Article 187:After a people's court accepts an attached civil lawsuit, it shall have a copy of the civil complaint sent to the defendants of the attached civil lawsuit and their legal representative within 5 days, or shall promptly notify the defendant of the attached civil lawsuit and their legal representative of the content of an oral complaint, and draft notes.

When people's courts deliver a copy of the complaint in an attached civil lawsuit, they shall confirm the time for the defendant and their legal representative to prepare.

Article 188:Parties in attached civil litigation are responsible for providing evidence in support of their own proposals.

Article 189:In cases where the court might have difficulty enforcing the judgment in attached civil litigation because of the defendant's behavior or other factors, it may make a ruling to employ preservation measures based on the plaintiff to the civil action's application, to seal, seize or freeze the defendant's assets; and where the plaintiff to the attached civil litigation has not made an application, the court may also take protective measures as necessary.

Where urgent circumstances mean that a person with the right to raise attached civil litigation will suffer harm to their lawful rights and interests that will be difficult to repair if they do not immediately apply for preservation, they may apply for preservation measures to the court for the location of the properties to be preserved, the residence of the subject of the application, or a court with jurisdiction over the case, before initiating attached civil litigation. Where the applicant has not initiated attached civil litigation within 15 days of the people's court accepting a criminal case, the people's court shall lift the preservation measures.

The provisions of articles 100 through 105 of the Civil Procedure Law apply to people's courts' adoption of preservation measures, except for paragraph 3 of article 101.

Article 190:People's courts trying attached civil litigation may mediate on the basis of the principles of voluntariness and lawfulness. Where mediation has reached a agreement, a mediation agreement shall be drafted. The mediation agreement takes legal effect after it has been signed by both parties.

Where mediation reaches an agreement on which performance is immediately completed, a mediation agreement need not be drafted, but notes should be made and will take legal effect immediately upon being signed or having a seal affixed by both parties, adjudicatory personnel, and clerks.

Article 191: Where mediation fails to reach an agreement or the parties change their minds before signing an agreement, the attached civil litigation should be tried along with the criminal case.

Article 192:When issuing decisions in attached civil litigation, the amount that the defendant shall pay in compensation shall be determined on the basis of the material harm caused by the criminal conduct and in consideration of the specific circumstances of the case.

Where the criminal conduct has caused physical harm to the victim, compensation shall be made for reasonable expenses paid for treatment and rehabilitation such as for medical treatment, care, and transportation as well as wages lost due to missed work. Where the victim is left disabled, compensation shall also be made for expenses such as the cost of instruments for assisted living; and where the victims' death is caused, funereal expenses shall also be compensated.

Where the operation of a motor vehicle causes a person's death or injury or causes significant damage to public or private property, and a crime is constituted, responsibility for compensation is to be determined in accordance with article 76 of the "PRC Road Traffic Safety Law".

Where the parties to attached civil litigation reach a mediation or settlement agreement on civil compensation, the scope and amount of compensation are not restricted by the provisions of paragraphs 2 and 3.

Article 193:Where people's procuratorates raise an attached civil lawsuit, and the people's court, upon trial, finds that the attached civil litigation's defendant should bear the responsibility to pay compensation in accordance with law, it shall order the defendant of the attached civil lawsuit to directly make compensation to the injured unit; but where the injured unit is already terminated, it shall order that compensation be made to the successor of its rights and obligations; and where there is no successor to the rights and, the court shall order that compensation be paid to the people's procuratorate, and the people's procuratorate will place it in the state treasury.

Article 194:People's courts hearing criminal cases with attached civil litigation shall consider the circumstances of the defendants' compensation of the victims' material losses in determining their remorse for the crime, and also consider it in sentencing.

Article 195:Where the plaintiff to an attached civil lawsuit is summoned but refuses to appear without legitimate cause, or leaves the case without getting the court's permission, it shall be handled as a withdrawal of the case.

Where defendants in attached civil litigation other than the defendant in the criminal case are summoned, but refuse to appear without legitimate cause, or leave in the middle of the case without the judge's permission, judgment in absentia may be made in part for the attached civil litigation.

Where defendants in attached civil litigation other than the defendant in the criminal case disappear, and it might cause an excessive delay in the trial of the criminal case, they may be left off the list of defendants in the attached civil litigation, and the plaintiff in the attached civil litigation will be told to initiate a separate civil lawsuit.

Article 196:Attached civil litigation shall be tried with the criminal case, and may be tried after the criminal trial only to prevent excessive delay of the criminal trial, with the same trial organization continuing to try the attached civil suit; where the same trial organization members truly cannot continue participating in the trial, they may be changed.

Article 197:Where people's courts find that the defendants' conduct in a public prosecution does not constitute a crime, they may jointly release a judgment for any attached civil lawsuits that already initiated and are unable to reach an agreement through mediation, and may also notify the plaintiff in the attached civil litigation to separately initiate the attached civil litigation.

In cases where the people's courts authorize the people's procuratorate to withdraw a public prosecution, attached civil lawsuits that have already been initiated may be mediated; those that are unsuitable for mediation or that cannot reach an agreement through mediation, shall be rejected by the court and the plaintiff of the attached civil litigation is to be informed that they may separately initiate a civil suit.

Article 198:Where attached civil litigation was not raised during the first-instance trial but is raised in the second-instance trial, the second-instance people's court may conduct mediation in accordance with law; and where the mediation does not succeed, inform the parties that they may separately raise a civil suit after the judgment or ruling in the criminal case takes effect.

Article 199:People's courts hearing attached civil litigation are not to accept litigation fees.

Article 200:Where the victims, their legal representatives, or close relatives' have not raised attached civil litigation in the course of criminal proceedings, and separately raise a civil suit, the people's court may conduct mediation or make a judgment on the basis of Article 192, paragraphs 2 and 3 of this Interpretation.

Article 201:The provisions of civil law apply to people's courts hearing attached civil litigation except where otherwise provided by the criminal law, criminal procedure law, and criminal justice interpretations.

  Chapter VII: Timing, Delivery and Trial Time Limits

Article 202:Periods calculated in months are calculated with one month being from the date of a certain month through the same date in the following month; where the calculation of a period begins on the last day of a month, one month is through to the last day of the following month; where the following month does not have that date, the time between the day of this month and the last day of the following month is one month; but a half month is always to be calculated as 15 days.

Periods calculated in years are calculated with one year being from the date of this year and month through to the day before the same month and date of the next year; and where the same month and date do not exist in the next year, on year is to be from this year and date through to the day before the last day of the same month in the next year. Penalties calculated in months are calculated with one month being from the date of a certain month through the day before the same date in the following month; where the calculation of a penalty begins on the last day of a month, one month is through to the day before the last day of the following month; where the following month does not have that date, the time between the day of this month and the day before the last day of the following month is one month; but a half month is always to be calculated as 15 days.

Article 203:Where due to force majeure or other legitimate reasons, a party does not meet the deadlines and applies in accordance with law to continue litigation activities that should have been completed before the end of the time period, the people's court shall rule to permit it following verification of the truth of the situation.

Article 204:The recipient shall sign on delivery of the litigation documents. Where the recipient is not present, other adult relatives or units' personnel responsible for receiving items may accept it on their behalf. The date written on the receipt certificate and signed by the recipients or persons accepting on their behalf is the date of service.

Where the recipients or persons accepting on their behalf refuse to sign for receipt, the person making service may request that an authenticating witness appear, explain the situation, clearly note the date and the refusal on the delivery receipt, and have the person making service and the authenticating witness sign or affix their seals, and leave the litigation documents at the residence or unit of the recipient or the person accepting on their behalf; or they may also leave the litigation documents at the recipient's residence and use methods such as photography or video to record the service process, and it will be viewed as served.

Article 205:Where there is difficulty directly serving litigation documents, the people's court for the recipients' place of residence may be entrusted to deliver as a substitute or they may be mailed.

Article 206:Where service is entrusted, a letter of entrustment, the litigation documents to be served, and the receipt certificate shall be sent to the court being entrusted. After the entrusted court has received these, it shall register them, serve the recipient within 15 days, and send the signed delivery receipt to the entrusting court; where there is no way to make delivery, the entrusted court shall be notified and the litigation documents and delivery confirmation shall be returned.

Article 207:Where service is by mail, the litigation documents and receipt certificate are to be mailed to the recipient by registered mail. The date on which it is signed for is that date of service.

Article 208:Where the recipient of the litigation documents is a soldier, they may be transferred through the political department of the unit at the level of his regiment or above.

Where the recipient is currently serving a criminal sentence, they may be transferred through the enforcing agency.

Where the recipient is currently receiving special corrections and education, they may be transferred through the relevant institutions.

Where the relevant department or unit is used to transfer the litigation documents, they shall be asked to give them to be signed by the recipient immediately upon receipt, and promptly mail the receipt to the people's court.

Article 209:The trial time period for cases with a designated jurisdiction is calculated from the date on which the people's court designated as having jurisdiction receives the decision designating jurisdiction, the case file, and evidentiary materials.

Article 210:In cases where a death sentence might be given, cases with attached civil litigation, as well as cases with any of the circumstances provided for in Criminal Procedure Law article 158, the people's court at the level above may approve a single 3-month extension of the trial period. Where extensions are still required due to special circumstances, it shall be reported to the Supreme People's Court for approval.

Applications for permission to extend the time period for trial shall be submitted no later than 15 days before the trial period is complete. Where people's courts with the authority to make the decision don't agree, they shall issue a decision 5 days before the period ends.

Where due to special circumstances an extension of the trial period is requested from the Supreme People's Court, and after review, the Supreme People's Court approves it, the trial period may be extended by 1-3 months. Where the trial still cannot be concluded at the end of this period, another application may be submitted.

Article 211:During trial, the time used to perform a psychiatric evaluation of the defendant is not calculated into the time period for trial.

  Chapter VIII: Trial Organizations

Article 212:Adjudicators are to serve as the chief judge in a collegial panel. When court presidents or division chiefs participate in the hearing of a case, they are to serve as the chief judge.

When adjudicators hear a case alone in accordance with law, they exercise the same authority as a chief judge.

Article 213:Trial of the following first-instance trials of criminal cases in the basic level people's courts, intermediate people's courts, or High People's Courts, is to be conducted by a collegial panel comprised of adjudicators and people's assessors:

(1) Where group interests or the public interest are involved;

(2) where it has widespread public attention or otherwise has a larger social impact;

(3) Where the case is complex or has other circumstances requiring people's assessors to participate in the trial.

Trial of the following first-instance trials of criminal cases in the basic level people's courts, intermediate people's courts, or High People's Courts, is to be conducted by a seven-person collegial panel comprised of adjudicators and people's assessors:

(1) Criminal cases where a sentence of 10 years or more imprisonment, a life sentence, or the death penalty might be given, and that have a major social impact;

(2) Cases involving land requisition and demolitions, ecological and environmental protection, or food and drug safety, that have a major social impact;

(3) Other cases that have a major social impact.

Article 214:In-court trial and deliberation of cases shall be conducted by the same collegial panel. When members of the collegial panel deliberate a case, they shall independently express opinions and explain their reasons. Where there is a difference of opinions, a decision shall be made in accordance with the majority opinion, but the minority opinions shall be kept in the record. The notes of the deliberations shall be signed by members of the collegial panel after they have verified that it has no mistakes. The circumstances of the deliberation shall be kept confidential.

Article 215:People's assessors participating in three-person collegial panels to hear cases shall independently express their views on the determination of facts and the application of law, and exercise voting rights.

People's assessor participating in seven-person collegial panels to hear cases shall independently express their views on facts the determination of facts and vote together with adjudicators; they may express views on the application of law, but are not to participate in voting.

Article 216:After trial and deliberation by the collegial panel, it shall promptly make a judgment or ruling.

In the following cases, the collegial panel shall request that the court president make a decision to submit it to be discussed and decided upon by the adjudication committee:

(1) Cases where the High People's Courts or intermediate people's court plan to give a death sentence with immediate enforcement, or cases where intermediate people's courts plan to give a suspended death sentence;

(2) Cases where there is truly error in already effective judgments or rulings, requiring a retrial;

(3) Cases where the people's procuratorate raises a counterappeal in accordance with trial supervision procedures.

In cases where the members of the collegial panel have major differences of opinion, in new types of cases, or cases having a major social impact, as well as other difficult, complex, or major cases, where the collegial panel finds it difficult to make a decision, it may request that the court president make a decision to have the case passed to the adjudication committee for discussion and decision.

People's assessors may request that the collegial panel submit the case to the court president for a decision on whether to send the case to the adjudication committee for discussion and decision.

In cases where the court president is requested to make a decision on sending it to the adjudication committee for discussion and decision, where the court president feels it is not necessary, they may suggest the collegial panel reconsider one time.

In cases heard by a single adjudicator where the adjudicator finds it necessary, they may also submit it to the court president for a decision on sending it to the adjudicatory committee for discussion and decision.

Article 217:The collegial panel or sole adjudicator shall enforce the decision of the adjudicatory committee; and where there are disagreeing opinions, it may be suggested that the court president submit it to the adjudicatory committee for reconsideration.

  Chapter IX: General Procedures for First-Instance Trial of Public Prosecutions.

  Section 1: Review, Acceptance, and Pre-trial Preparation

Article 218:After people's courts receive the indictments in a public prosecution (8 copies adding 5 additional copies for each additional defendant in the case), the case file, and the evidence, they shall review the following contents:

(1) whether it is within their jurisdiction;

(2) Whether the indictment clearly states the defendant's identity, whether they have previously received or are currently under a criminal or administrative punishment, whether retention in custody has been employed; the time and type of compulsory measures employed, and the location of detention; the time, place, methods, and consequences of the crime; as well as other circumstances that might impact the verdict or sentencing; and where there are multiple crimes, whether the facts are separately laid out in the indictment;

(3) Whether evidence materials showing the facts of the alleged crimes and impacting sentencing have been transferred, including legal documents for employing technical investigative measures and the evidence materials collected by them;

(4) Whether the defendants' unlawful gains or other assets involved in the case have been sealed, seized, or frozen, and whether the time limits for the sealing, seizure, or freezing have expired; whether assets involved in the case have been transferred with the case with an inventory of them attached; whether the ownership of the assets involved in the case is listed; and whether evidence materials have been provided on the disposition of assets involved in the case.

(5) Whether the victims' names, addresses, and contact methods are clearly listed; whether the list of witnesses and evaluators is attached; whether the witnesses, evaluators, and persons with specialized knowledge have been notified to appear in court; and whether the names, sex, ages, professions, residences, and contact information of relevant persons are listed; and whether there a list of witnesses, evaluators, and victims requiring protection attached;

(6) Where the parties have already retained defenders or agents ad litem or have accepted legal aid, whether or not the names, addresses, and contact information is listed for the defenders or agents ad litem;

(7) Whether attached civil litigation has been initiated; and where it has, whether the parties' names, addresses, contact information, and so forth are listed, and whether relevant evidentiary materials are attached;

(8) Whether all litigation documents and formalities for supervision investigation, criminal investigation, and review for prosecution are complete;

(9) Where the defendant admits guilt and accepts punishment, whether a sentencing recommendation has been submitted and materials such as the plea affidavit have been transferred;

(10) Whether there are any of the circumstances for which Criminal Procedure Law Article 16, items (2)-(6) provides that criminal responsibility should not be pursued.

Article 219:After the people's courts review a public prosecution case, they shall handle it in accordance with the following distinct circumstances:

(1) Where it is not in the jurisdiction of the Court, it shall be returned to the people's procuratorate;

(2) Where the there are circumstances provided for in Criminal Procedure Law Article 16(2)-(6), it shall be returned to the people's procuratorate; and where it is a case that is handled only upon complaint, they shall simultaneously inform the victims that they have the right to initiate a private prosecution;

(3) Where the defendant has not been brought in, the case shall be returned to the people's procuratorate; except that where the people's procuratorate initiates a public prosecution in accordance with procedures for trial in absentia, it shall be handled in accordance with Chapter XXIV of this Interpretation;

(4) Where any of the requirements of the previous article's items 2-9 are not met and supplementary materials are needed, the people's procuratorate shall be notified to send the supplement within 3 days;

(5) After the defendant is pronounced not guilty in accordance with the provisions of Criminal Procedure Law Article 200, paragraph 3, where the people's procuratorate initiates a new suit on the basis of new facts or evidence, it shall be accepted in accordance with law;

(6) Cases permitted to be withdrawn in accordance with Article 296 of this interpretation shall be returned to the people's procuratorate where there are no new facts, evidence, new indictments that impact the verdict or sentencing;

(7) Where the defendant's true identity is not clear, but the requirements of Criminal Procedure Law article 160, paragraph 2 of the are met, the case shall be accepted in accordance with law.

The review of whether to accept public prosecutions shall be completed within 7 days.

Article 220:In cases of joint crimes or associated crimes that are indicted together, where the defendants are numerous, the case is complex, and the people's court finds after review that dividing the case to accept it would be conducive to ensuring the quality and efficacy of trial, the case may be divided for trial. Separation of a case for trial must not impact the parties' exercise of their procedural rights such as to debate evidence.

In cases of joint crimes or associated crimes that are indicted separately, where the people's court finds after review that combining the cases to accept them would be conducive to ascertaining the facts of the case, safeguarding procedural rights, or reaching a correct verdict and sentence, the cases may be combined for trial.

Article 221:Before holding a court session, the people's court shall perform the following tasks:

(1) Determine the chief judge and the members of the collegial panel;

(2) send a copy of the indictment to the defendant and defender 10 days before trial;

(3) Notify the parties, their legal representatives, defenders, and agents ad litem to provide a list of witnesses and evaluators, and also evidence to be presented, 5 days before opening trial; those applying for witnesses, evaluators, or persons with specialized knowledge to appear in court shall clearly list the names, gender, age, profession, residential address, and contact information of relevant persons;

(4) Notify the people's procuratorate of the time and place for court proceedings three days before trial begins.

(5) 3 days before opening trial, deliver the subpoena for summoned parties and notifications for defenders, agents ad litem, legal representatives, witnesses, evaluators, and others to appear in court; notification to relevant persons to appear in court may also be done by phone, text message, fax, email, instant message, or other methods where receipt may be confirmed; in cases of mass crimes where there are numerous victims, relevant persons may be notified to appear in court by publishing relevant documents on the internet;

(6) In cases being tried openly, publicly announce the cause of action, the defendant's full name, and the time and place for trial, three days before trial begins.

The circumstances of the above work shall be noted in the case.

Article 222:Trial of cases shall be conducted publicly.

Cases involving state secrets or personal privacy, are not to be tried in public; the court may decide not to publicly hear those involving trade secrets where a party so applies.

Cases that are not tried publicly must not be observed by any person, except in the circumstances provided for in Criminal Procedure Law article 285.

Article 223:The mentally ill, the intoxicated, minors not having first gotten the court's permission, and other persons not suited to observe must not observe case trials.

Article 224:Where there are numerous victims, and the case is not within the scope of attached civil litigation, the victims may select several representatives to participate in the hearings.

Article 225:Where victims and agents ad litem fail to appear in court after being summoned or notified, it does not impact the trial and the people's court may conduct the trial.

Where defenders do not appear in court after being notified, the people court may conduct the trial where the defendant consents, except where a defendant is a person that shall receive legal aid.

  Section 2: The connections between the pre-trial conference and trial

Article 226:In cases with any of the following situations, the people's court may convene a pre-trial conference:

(1) There is a relatively large amount of evidence and the case is major and complicated;

(2) the prosecution and defense have larger disagreements about the facts and evidence;

(3) there is major social impact;

(4) other situations that require that a pretrial conference be convened;

Article 227:The prosecution and defense may apply to the people's court to convene a pretrial conference and shall explain the reasons for submitting the application. Where upon review the people's courts find it is needed, they shall convene a pretrial conference; and where they decide not to convene a pretrial conference, they shall notify the applicant.

Article 228:The pretrial conference may learn of the circumstances and hear opinions from the prosecution and defense on the following matters:

(1) Whether there are objections to the case's jurisdiction;

(2) Whether there are applications to recuse relevant personnel;

(3) Whether there is an application to not have an open trial;

(4) Whether there are applications to exclude illegal evidence;

(5) Whether new evidence is provided;

(6) Whether there are applications for a new evaluation or inquest;

(7) Whether there are applications to gather or collect evidence that shows that the defendant is not-guilty or that the crime was minor;

(8) Whether there are applications for witnesses, evaluators, persons with specialized knowledge, investigators in supervision or criminal investigations, or other persons to appear in court, and whether there are objections to the list of persons appearing;

(9) Whether there are objections to the rights in the property involved in the case or to the people's procuratorates' recommendation for its disposition;

(10) Other issues relevant to the trial.

The people's court may conduct mediation of attached civil matters during the pretrial conference.

After the pretrial conference, the people's courts may lawfully address procedural matters provided for in the first paragraph that might cause an interruption in the trial, and explain the decision on how to address it, and the reasoning, at trial. Where the prosecution and defense raise relevant applications or objections again at trial without new grounds, the court shall reject them in accordance with law after explaining the circumstances of the pretrial conference and the decisions and reasoning that have made

A record shall be made of pretrial conferences, and the participants should sign it after verifying it.

Article 229:During the pretrial conference, trial personnel may question the prosecution and defense as to whether they have objections to the evidence, and shall make evidence that is objected to the focus of courtroom investigation; the production and debate of evidence for which there are no objections may be simplified.

Article 230:The chief judge is to preside over the pretrial conference, and the other adjudicators in the collegial panel may also preside over pretrial conferences.

When convening a pretrial conference, the public prosecutors and defenders shall be notified to appear.

Where the pretrial conference is prepared to learn about and hear opinions on circumstances concerning the exclusion of illegal evidence, or is prepared to question the prosecution and defense about opinions on the evidence, the defendant shall be notified to appear. In cases with multiple defendants, the defendants participating in the pretrial conference may be determined in light of the circumstances.

Article 231:Pretrial conferences are normally not conducted openly.

Based on the circumstances of the case, the pretrial conference may be conducted by methods such as video conferencing.

Article 232:After people's courts hear the opinions of the prosecution and defense on case facts and evidence at the pretrial conference, they may suggest that the people's procuratorate supplement the materials or withdraw the prosecution in cases where it is clear that the facts are unclear or the evidence is insufficient. Where withdrawal of a prosecution is recommended, but the people's procuratorate does not agree, withdrawal of the permitted will ordinarily not be allowed after the trial begins, absent new facts or grounds.

Article 233:In cases where a pretrial conference is convened, notice of the circumstances of the pretrial conference may be given when beginning trial. After verifying with the prosecution and defense, the court shall confirm the matters on which consensus was reached at the pretrial conference; and for matters where consensus was not reached, the court may consolidate the points of contention, hear the opinions of the prosecution and defense, and address them in accordance with law.

Where the prosecution and defense reached consensus on relevant matters during the pretrial conference but recant at trial, the court will not usually address it further without a legitimate reason.

  Section 3: Announcement of In-Court Proceedings and Courtroom Inquiry

Article 234:Before trial, the clerk shall do the following in sequence:

(1) as entrusted by the presiding judge, verify whether the public prosecutors, parties, defenders, agents ad litem, witnesses, and other litigation participants are at court;

(2) Verify whether there are witnesses, evaluators, and persons with specialized knowledge observing;

(3) Ask the public prosecutors, defenders, agents ad litem, and other litigation participants to enter the court;

(4) read out the courtroom rules;

(5) Call the chief judge, adjudicators, and people's assessors into court;

(6) After the trial personnel take their seats, report to the chief judge that the preparations for trial are complete.

Article 235:After the chief judge announces that court is in session and has the defendant brought into court, the following circumstances of the defendant shall be ascertained:

(1) Full name, birth date, ethnicity, place of birth, education level, profession, address, or the name of a defendant unit,, its location, and the full name and position of its legal representative, actual controller, and representative in the proceedings;

(2) Whether they have previously received criminal punishment, administrative punishment, or sanctions, and the types and times of any received;

(3) Whether they have been placed in retention in custody and the time period of retention in custody, and whether they have had compulsory measures employed against them, and the types and times of any employed;

(4) The date on which they received a copy of the indictment; and where there is attached civil litigation, the date on which the defendant in the attached civil suit received the complaint.

Where there is a larger number of defendants, the above circumstances may be ascertained before the court trial, but the chief judge shall explanation this when the trial begins.

Article 236:The chief judge is to announce the source of the case, the cause of action for the prosecution, the names of the parties to attached civil litigation, and whether the trial is public; where there will not be a public trial, the reason shall be announced.

Article 237:The chief judge is to announce the list of members of the collegial panel, judges' assistants, clerks, and prosecutors, as well as the list of litigation participants such as the defenders, agents ad litem, evaluators, and interpreters.

Article 238:The chief judge shall notify the parties, their legal representatives, defenders, and agents ad litem that they enjoy the following rights during the course of trial in court in accordance with law:

(1) May apply for the recusal of members of the collegial panel, judges' assistants, clerks, prosecutors, evaluators and interpreters;

(2) May put forward evidence and apply to have witnesses notified to appear in court or new evidence collected, or apply for a new evaluation or inquest.

(3) Defendants may conduct their own defense;

(4) Defendants may make a final statement after the conclusion of courtroom debate.

Article 239:The chief judge shall ask the parties and their legal representatives, defenders, and agents ad litem whether they will apply for a recusal, what person they are applying for the recusal of, and the reason for the recusal.

Where the parties, their legal representatives, defenders, or agents ad litem apply for a recusal, it is to be handled in accordance with the relevant provisions of the Criminal Procedure Law and this interpretation.

The chief judge is to announce decisions consenting to or rejecting applications for a recusal and reconsideration decisions, as well as their reasoning. When necessary, the court president may also make the announcement in court.

Article 240:After the chief judge announces the start of court investigation, the prosecutors are to first read out the indictment, and after the prosecutors have read out the indictment, the chief judge shall ask the defendants whether they have any objections to the facts and charges alleged in the indictment.

Where there is attached civil litigation, after the prosecutors have read out the indictment, the plaintiffs in the attached civil litigation, their legal representatives, or agents ad litem are to then read out the pleading in the attached civil litigation.

Article 241:With the chief judge presiding, the defendants and victims may make separate statements regarding the facts of the crimes alleged in the indictment.

Article 242:With the chief judge presiding, the public prosecutors may interrogate the defendants regarding the facts of the crimes alleged in the indictment.

Upon approval by the chief judge, the victims and their legal representatives or agents ad litem may ask supplemental questions on the facts of the crime from the prosecutor's interrogation; the plaintiffs in attached civil litigation and their legal representatives or agents ad litem may ask the defendants questions regarding the attached civil litigation; and the defendant's legal representatives or defenders, and the defendants to attached civil litigation or their legal representatives or agents ad litem, may question the defendant after the prosecution or plaintiffs in attached civil litigation have completed their interrogation or questioning on a particular issue.

Based on the circumstances of the case, interrogation or questioning of the defendants may be conducted during the production and debate of evidence stage.

Article 243:Interrogation of defendants in the same case shall be conducted separately.

Article 244:Upon the permission of the chief judge, the prosecution and defense may question the victims or the plaintiffs in attached civil litigation.

Article 245:When necessary, the trial personnel may interrogate the defendants, and may also question the victims and the parties to attached civil litigation.

Article 246:Prosecutors may request that the court notify witnesses, evaluators, persons with specialized knowledge, supervision investigators, criminal investigators, or other persons to appear in court, or present evidence. The victims and their legal representatives and the plaintiffs of attached civil litigation and their agents ad litem may also submit applications.

After the prosecution presents evidence, the defendants and their legal representatives and defenders may request that the court notify witnesses, evaluators, persons with specialized knowledge, investigators in supervision or criminal investigations, or other persons to appear in court, or present evidence.

Article 247:Prosecution or defense applications for witnesses to appear in court or to present evidence shall explain the name of the evidence, its origin, and what facts it purports to prove. Where the court finds it necessary, it shall approve; if the other side objects, feeling that the evidence is irrelevant to the case or clearly repetitive and unnecessary, and the court upon investigation finds that the objection is substantiated, it may decide to not approve.

Article 248:Where the prosecution and defense need to present case files and evidence materials that have already been transferred to the people's courts, they may submit an application to the court and the court may approve it. The case files and evidence shall be re-collected in court after they are debated.

Where it is necessary to play audiovisual recordings or to give evidence to the court, prosecutors, or litigation participants to examine, the court may order bailiffs or relevant persons to assist.

Article 249:Where prosecutors, parties, defenders, or agents ad litem object to a witness's testimony that has a major bearing on the case verdict or sentencing, or have objections to evaluation opinions, and the people's courts find that it is necessary for them to testify in court as witnesses or evaluators, they shall notify the witness or evaluator to appear in court to testify.

Where the prosecution and defense have objections to the investigative process, the sources of evidence, the veracity or legality of evidence, and so forth, and they apply to have investigators in supervision or criminal investigations appear in court, and the people's court finds that it is necessary, it shall notify the investigators or relevant personnel to appear in court.

Article 250:Where the prosecutors or parties and their defenders or agents ad litem apply to the court to have a person with specialized knowledge appear and give opinions on an evaluation opinion, they shall explain the reasons. Where the court finds it necessary, it shall notify persons with specialized knowledge to appear in court.

Applications for persons with specialized knowledge to appear must not be for more than two persons. Where there are several types of evaluation opinion, the number of persons may be increased.

Article 251:The people's courts may notify witnesses, evaluators, persons with specialized knowledge, investigators from supervision or criminal investigations, or other persons to appear in court in accordance with their authority in order to ascertain facts or investigate and verify evidence.

Article 252:Where the people's courts notify relevant persons to appear in court, they may request that the prosecution and defense assist.

Article 253:Where witnesses have any of the following circumstances and are unable to appear in court to testify, the people's courts may permit them to not appear:

(1) During the trial period they contract a serious illness or are having severe mobility difficulties.

(2) Their domicile is very far from the court and transportation is exceedingly inconvenient;

(3) They are abroad and temporarily unable to return;

(4) They are unable to appear in court due to other objective reasons.

Testimony may be given by videoconference or other such methods in the situations provided for in the preceding paragraph.

Article 254:The people's courts shall provide subsidies for transportation, lodging, and food expenses incurred by witnesses testifying in court.

Article 255:Where witnesses are compelled to appear, the court president shall sign and issue the order for the witness to appear in court, and the court police will enforce it. When necessary, they may request assistance from the public security organs.

Article 256:Where a witness, evaluator, or victim faces threats to their physical safety, or that of their close relatives, as a result of appearing in court to testify, the people's court shall employ protective measures such as not making public their real name, address, workunit, and other personal information, or not revealing their appearance or true voice, and so forth. Where, with the courts' permission, defense lawyers look into the circumstances of witnesses', evaluators', or victims' use of pseudonyms, they shall sign a pledge of confidentiality.

Where during trial, witnesses, evaluators, or victims request protection, the people's court shall immediately review it, and where it finds that there is a need for protection, they shall promptly make a decision to employ relevant protective measures. When necessary, they may request assistance from the public security organs.

Article 257:Where a decision is made to employ the protective measure of not revealing the personal information of witnesses, evaluators, or victims appearing in court to testify, the trial personnel shall verify their identity before trial and must not make public the witnesses' pledges to give truthful evidence, and may use pseudonyms and the like to replace personal information in the judgment or ruling documents.

Article 258:Where witnesses appear in court, the court shall confirm their identity and their relationship with the parties and the case, and then inform them of their rights and obligations and their legal responsibility. Witnesses shall guarantee that they will provide truthful testimony to the court, and sign a written guarantee.

Article 259:After witnesses appear in court, they shall normally first make a statement of their testimony to the court, and after this, with the permission of the chief judge, the side that applied for the witness to appear in court may ask questions, and the other side may ask questions when they are done.

Where the court informs witnesses to appear in court in accordance with its authority, the chief judge is to determine the sequence of questioning based on the circumstances of the case.

Article 260:The provisions of the previous two articles are to be applied by reference where witnesses, evaluators, persons with specialized knowledge, investigators in supervision or criminal investigations, or other persons appear in court.

Article 261:Questioning of witnesses shall follow the following rules:

(1) The content of the questions shall be relevant to the facts of the case;

(2) Questions must not be asked in a leading manner;

(3) The witnesses must not be threatened;

(4) Witness's dignity must not be harmed.

The preceding paragraph applies to the interrogation or questioning of defendants, victims, parties to attached civil lawsuits, evaluators, persons with expert knowledge, investigators in supervision or criminal investigations, or other persons.

Article 262:Where the prosecution or the defense's methods of interrogation or questioning are improper or have content irrelevant to the case, the other side may submit an objection and apply for the chief judge to stop it; the chief judge shall clearly rule on whether it is supported or rejected; and where the other side has not raised an objection, the chief judge may also stop in based on the circumstances.

Article 263:When trial personnel think it is necessary, they may question witnesses evaluators, or persons with expert knowledge, investigators in supervision or criminal investigations, or other persons;

Article 264:Questioning of witnesses and the investigators in supervision or criminal investigators shall be conducted separately.

Article 265:Witnesses, evaluators, persons with specialized knowledge, investigators in supervision or criminal investigations, or other such persons must not observe the trial. After these relevant persons have expressed their comments, the chief judge shall inform them to leave the courtroom.

Article 266:In criminal cases involving minors, the relevant provisions of article 22 of this Interpretation apply to the questioning of victims and witnesses who are minors, and to notifying them to appear in court to testify.

Article 267:After the side presenting evidence has done so at court, the other side is to express its opinions to refute the evidence.

Article 268:Key evidence that might impact the case verdict or sentencing that is disputed by the prosecution or defense, shall usually be independently produced and debated, to fully hear debate opinions.

For evidence that is not key evidence and to which the prosecution and defense do not have objections, the party producing it may explain only its name and the facts which it purports to prove.

In cases convening a pretrial conference, the production and debate of evidence may be conducted in accordance with the methods determined at the pretrial conference.

Based on the circumstances of the case and trial, the court may conduct necessary guidance of the presentation and debate of evidence by the prosecution and defense.

Article 269:During trial, where the court finds that it is necessary, other defendants in the case, the defendants in joint crimes that were separated for trial, or defendants from cases of related crimes may be summoned to be examined.

Article 270:Evidence presented in court that has not been sent to the people's court, shall be handed over in-court after it is debated.

Article 271:Where the court has doubts about evidence, it may notify the public prosecutor and parties as well as their legal representatives, defenders, and agents ad litem, to supplement the evidence or make explanations; and when necessary, an adjournment may be announced to conduct an investigation and verify the evidence.

Supplemental evidence from the public prosecutors or parties, their legal representatives, defenders, or agents ad litem, and evidence that the trial personnel have investigated, verified, and obtained outside of court, shall be subject to in-court debate and verification before it can be used as the basis of a verdict. However, this does not include non-critical evidence that does not impact the verdict or sentencing evidence that is beneficial to the defendant, and judgment documents used to verify the defendants' criminal record, and where, upon solicitation of comments outside of court, the prosecution and defense have no objections.

The relevant circumstances shall be recorded in the case file.

Article 272:Where the public prosecutor applies to present evidence that was not transferred or submitted to the people's court before trial began, and the defense raises an objection, the chief judge shall request that the public prosecutor explain the reasons; and where the reasons are sustained and the presentation is truly necessary, it shall be approved.

Where the defense submits that it needs to make preparations for defense regarding the new evidence, the court may announce an adjournment and determine the period for preparing the defense.

The provisions of the previous two clauses apply by reference to defense applications to present evidence that was not submitted before trial began.

Article 273:Where in the course of trial at court, the prosecution and defense apply to notify new witnesses to appear in court, have new evidence collected, or apply for a new appraisal or inspection, they shall provide the witnesses' basic information, the location where the evidence is stored, explain the facts that will be proven or the reason for applying for a new appraisal or evaluation. Where the court finds it necessary it shall consent and announce an adjournment; and based on the circumstances of the case, it may extend trial.

Where the people's court decides to have a new evaluation, it shall promptly call for the appraisal and notify the people's procuratorate, parties, and their defenders or agents ad litem of the evaluation opinion.

Article 274:During trial, where the public prosecutor discovers that the case needs supplementary investigation and suggests extending trial, the collegial panel may agree but there must not be more than two extension suggestions.

Where the people's procuratorate transfers supplementary evidence it collects to the people's court, the people's court shall notify the defenders and agents ad litem to read, copy, and reproduce it.

After the period for the collection of supplementary evidence is complete, where the people's procuratorate has not transferred supplementary evidence to the people's court, the people's court may make a judgment or ruling based on the evidence already in the case.

Article 275:Where the people's court collects evidence materials from the people's procuratorate that must be investigated and verified, or based on the applications from the defendants or defenders, it collects evidence materials from the people's procuratorate that was gathered during the supervision and criminal investigations, or the review for prosecution period and that show that the defendant is not guilty or that the crime is minor, the people's court shall notify the people's procuratorate to provide the materials within 3 days of receiving the decision to collect evidentiary materials.

Article 276:An investigation shall be conducted during the course of trial of facts and evidence relevant to sentencing.

In addition to checking whether the defendant has statutory sentencing circumstances, the people's courts shall also, based on the circumstances of the case, review the following situations have an impact on sentencing:

(1) The reason for the case;

(2) Whether the victim has any fault and the degree of fault, whether they bear responsibility for escalating the conflict and the degree of responsibility;

(3) Whether the defendants' families cooperated in catching the defendant;

(4) The defendant's usual conduct and attitude or remorse;

(5) circumstances of returning unlawful gains, and paying restitution;

(6) Whether the defendant has received the victims' or the victims' family's forgiveness;

(7) Other circumstances that impact sentencing.

Article 277:Where during trial the collegial panel discovers that the defendants may have statutory sentencing circumstances such as voluntary surrender, coming clean, or meritorious contribution, but the case file delivered by the people's procuratorate does not have any relevant materials, it shall notify the people's procuratorate to transfer them within a specified time period.

During trial, where the defendant provides leads as to his meritorious contribution, the people's court shall suggest that the people's procuratorate supplement its investigation.

Article 278:In cases where the defendant admits guilt, after confirming that the defendant understands the facts of the crimes and charges alleged in the indictment, that they are voluntarily admitting guilt, and understand the legal consequences, the court investigation may primarily be conducted around sentencing and other contested issues

In cases where the defendant does not admit guilt or where the defender will conduct a not-guilty defense, the court investigation shall ascertain sentencing facts on the foundation of ascertaining facts for conviction.

Article 279:During the course of trial, an investigation shall be conducted into circumstances such as the ownership and origin of assets that have been sealed, seized, or frozen, as well as the proceeds thereof, and whether they are unlawful gains or other case property that shall be recovered in accordance with law; with the prosecutors explaining the circumstances, presenting evidence, submitting recommendations for handling it, and hearing the comments of the defendants, defenders, and other litigation participants.

Where persons outside the case raise objections regarding the ownership of assets that have been sealed, seized or frozen, and the proceeds thereof, the people's court shall hear their opinions, and when necessary may notify them to appear in court.

Where, upon review, it cannot be confirmed that the sealed, seized, or frozen assets and the proceeds thereof are unlawful gains or other property involved in the case that should be recovered, they must not be confiscated.

  Section 4: Courtroom Debate and Final Statements

Article 280:Where the collegial panel finds that the facts of the case have already been clearly investigated, the chief judge shall announce that the courtroom investigation is complete and begin courtroom debate on issues such as the judgment, sentencing, disposition of case assets, evidence, and applicable law.

Article 281:The chief judge shall preside over the courtroom debate, and it is to be conducted according to the following sequence:

(1) the public prosecutor speaks;

(2) The victims and their agents ad litem speak;

(3) The defendant performs his own defense;

(4) The defender's defense;

(5) The prosecution and defense engage in debate.

Article 282:The people's procuratorate may submit a sentencing recommendation and explain the reasoning; where recommending a sentence of controlled release or a suspended sentence, an investigatory assessment report shall usually be attached, or a letter entrusting the investigation.

Parties and their defenders or agents ad litem may submit sentencing opinions and explain the reasoning.

Article 283:During courtroom debate in a case where the defendant has admitted guilt, the parties shall be led to primarily debate sentencing and other issues in contention.

During courtroom debate in a case where the defendant does not admit guilt or where the defender is conducting a not-guilty defense, the prosecution and defense may be led to first debate the issue of guilt and then debate sentencing issues.

Article 284:Debate on the attached civil litigation portion shall be conducted after the conclusion of debate on the criminal portion, with the plaintiffs of the attached civil litigation and their agents ad litem speaking first, and then the defendants and their agents ad litem responding.

Article 285:In the course of courtroom debate, the chief judge shall fully hear the opinions of both the prosecution and defense, and where comments of either side are irrelevant to the case, repetitive, or accusatory of the other party, the court shall warn and stop them.

Article 286:Where during the course of courtroom debate the collegial panel discovers new facts relevant to guilt or sentencing and there is a need to investigate, the chief judge may announce a return to court investigation and continue courtroom debate after the new facts are investigated.

Article 287:After the chief judge announces the conclusion of courtroom debate, the collegial panel shall ensure the defendants' full exercise of the right to make a final statement.

Where a defendant's final statement repeats their own opinions multiple times, the court may stop it; where a final statement is contemptuous of the court or public prosecutors, harmful to others or to the public interest, or is irrelevant to the case, it shall be stopped.

Where in a public trial the defendants' final statements have content touching on state secrets, individual's privacy, or commercial secrets, it shall be stopped.

Article 288:Where new information or evidence is raised in a defendant's final statement, and the collegial panel finds that it might impact the correct judgment, it shall return to court investigation, and where the defendant raises new justifications and explanations, and the collegial panel finds that it might impact the correct judgment, it shall return to courtroom debate.

Article 289:Where public prosecutors express comments at court that differ from those in the indictment, and it constitutes a modification, addition, supplement, or withdrawal of the prosecution, the people's courts shall request that the people's procuratorate submit this in writing within a designated period of time; and when necessary may announce an adjournment. Where the people's procuratorate fails to submit them within the designated time period, then based on the circumstances of the trial, the people's court shall make a judgment or ruling on the facts of the crime and charges alleged in the indictment in accordance with law.

Where the people's procuratorate change, make additions to, or supplement the indictment, the people's court shall give the defendants and their defenders the necessary time to prepare.

Article 290:Defenders shall promptly submit written defense opinions to the people's court.

  Section 5: Case Deliberation and Pronouncement of Judgment

Article 291:After the defendants' final statements, the chief judge shall announce an adjournment, and the collegial panel will carry out deliberations.

Article 292:The court clerk shall make a record of all courtroom activities that is to be separately signed by the chief judge and court clerk after a review by the chief judge.

Article 293:After trial, the court record shall be reviewed by the parties, their legal representatives, defenders, and agents ad litem, or it shall be read out to them.

The testimony and opinions of witnesses, evaluators, persons with expert knowledge, and investigators in supervision or criminal investigations, and other persons who appeared in court that is in the court record, shall be respectively given to the relevant persons for review or be read to them.

Where the persons listed in the preceding two clauses find that the record has omissions or errors, may request supplementation or correction; after verifying it is correct, they shall sign it; and where they refuse to sign, this shall be noted in the case file; but where changes to statements made in court are requested, this will not be allowed.

Article 294:The collegial panel's case deliberations shall be based on the facts and evidence that have been ascertained and on the relevant laws, determining issues on the basis of full consideration of the prosecution and defenses' opinions, such as whether the defendant is guilty, what crimes were committed, whether there are aggravating, mitigating, or commutative circumstances, or circumstances allowing waiver of punishment, whether there should be a criminal punishment, the type of criminal punishment, how attached civil litigation should be resolved, and the disposition of assets the have been sealed, seized, or frozen, and their assets as well as the proceeds thereof; and making judgments and rulings in accordance with law.

Article 295:After the court has had trial in a first-instance public prosecution case, it shall make a judgment or ruling in accordance with the distinct situations below:

(1) where the alleged facts are clear, the evidence is credible and sufficient, and the charges against the defendant are affirmed in accordance with law, a guilty decision shall be made;

(2) where the alleged facts are clear and the evidence credible and sufficient, but the charged offense is improper; a guilty verdict shall be made based on the laws and the facts determined at trial;

(3) where the case facts are clear and the evidence is credible and sufficient, and the defendant has been found not-guilty in accordance with law; a judgment shall be announced that the defendant is not-guilty.

(4) where the evidence is insufficient and it cannot be affirmed that the defendant is guilty; a judgment shall be announced that the defendant is not-guilty because the evidence was insufficient to sustain the charges;

(5) where some of the case facts are clear and the evidence is credible and sufficient, a guilty or not-guilty judgment shall be made; no determination will be made regarding the portion for which the facts are unclear and the evidence insufficient;

(6) Where the defendant is not given criminal penalties because they have not yet reached the age of criminal responsibility, a judgment shall be announced that the defendant does not bear criminal responsibility;

(7) Where the defendant is not given criminal penalties because they are a mentally ill person who caused the harmful outcome when they were unable to control or recognize their conduct; a judgment shall be announced that the defendant does not bear criminal responsibility; where the defendant meets the conditions for compulsory treatment, trial and judgment shall be conducted in accordance with Chapter XXVI of this Interpretation;

(8) Where the crime has already exceeded the statute of limitations and does not need to be prosecuted, or has been granted a pardon and exempted from criminal punishment; trial shall be ruled terminated.

(9) Where it is a case that requires a complaint before it is handled, a ruling shall be made to conclude trial and notify the victims that they have the right to initiate a private prosecution;

(10) Where the defendant is deceased, a ruling shall be made to conclude trial; but where there is evidence showing that the defendant is not guilty, and it can be confirmed through trial in absentia that they are not guilty, a not guilty verdict shall be announced.

Based on findings at court, the people's court shall make a disposition regarding assets involved in the case in accordance with Chapter XVIII of this Interpretation.

Where there are the circumstances provided for in item (2), the people's court shall hear the opinions of the prosecution and the defense before judgment, and ensure that the defendant and defender fully exercise their defense rights. When necessary, the court may be called back into session, and the prosecution and defense organized to debate what crime the defendant's behavior constitutes and sentencing.

Article 296:After trial begins, where the people's procuratorate requests that the prosecution be withdrawn before the judgment is announced, the people's court shall review the reason for withdrawing the indictment and make a ruling on whether to allow it.

Article 297:During trial, where the people's court discovers new facts that might impact the verdict or sentencing, or where investigation or evidence need to be supplemented; it shall notify the people's procuratorate, which shall make a decision on whether to supplement, modify, or make additions to the indictment, or to supplement investigation.

Where the people's procuratorate does not agree or does not respond in writing within the designated time, the people's court shall make a judgment or ruling on the facts as alleged, in accordance with the provisions of article 295 of this Interpretation.

Article 298:In cases accepted under the provisions of item (1) of the first paragraph of article 219 of this Interpretation, the people's court shall clearly state in its opinion that the defendant had been previously indicted by the people's procuratorate but was proclaimed not-guilty by the people's court in accordance with law because the evidence was insufficient and the charged crimes could not be sustained; the prior judgment made in accordance with item(3) of Article 200 of the Criminal Procedure Law shall not be revoked.

Article 299:Members of the collegial panel, judges' assistants, and clerks shall sign the deliberation records and sign judgments, rulings, or other legal documents.

Article 300:Judgment documents shall clearly state the basis of the ruling, explain the ruling's grounds, reflect the opinions of the prosecution and defense and explain the reasons for adopting or not adopting those opinions.

Where the ordinary procedures are used at trial in cases where the defendant admits guilt, the judgment documents may be appropriately simplified.

Article 301:After trial concludes but before deliberation, where some of the collegial panel members are unable to continue performing trial duties, the people's court shall change the members of the collegial panel in accordance with law, and newly open trial.

After deliberation but before the announcement of the verdict, where some collegial panel members cannot participate in the announcement of the judgment due to normal reasons such as their having relocated or retired, the original deliberation outcome is not to be changed, and the verdict may be announced by the other adjudicators that heard the case, and the judgment documents are still to be signed by the collegial panel members that heard the case.

Article 302:Where the verdict is announced in court, the judgment document should be delivered within 5 days. Where the verdict is to be announced on a set date, before it is announced, the time and place for the announcement shall be publicly declared, the parties are to be summoned, and notice is to be given to the public prosecutors, legal representatives, defenders and agents ad litem; and after the verdict is announced, the written judgment shall be delivered immediately.

Article 303:The judgment documents shall be delivered to the people's procuratorate, the parties, legal representatives, defenders, and agents ad litem, and may also be delivered to the defendant's close relatives. In cases where the victims are deceased, where the victims' close family applies to receive the judgment documents, the people's courts shall promptly provide them.

After the judgment takes effect, it shall also be sent to the police substation for the place of his unit or place of household registration, or to the registration organ for a defendant's workplace. Where the defendant is a foreigner but has a residence in the mainland, it shall be sent to the police substation for the residence.

Article 304:Verdict announcements are all to be conducted publicly. When the verdict is announced, all persons in the courtroom shall rise.

Where public prosecutors, defenders, agents ad litem, victims, private prosecutors, or plaintiffs in attached civil litigation do not appear, it does not impact the announcement of the verdict.

  Section 6: Courtroom Discipline and other Provisions

Article 305:When defendants in custody appear in court for trial, they are not to wear identifiable uniforms of custodial bodies.

During hearings, restraints must not be used on defendants, except where it is found that they pose a physical danger and may threaten courtroom security.

Article 306:During hearings, all people shall follow the courts' directions, comply with court discipline, respect judicial ceremony, and must not exhibit the following conduct:

(1) applauding, cheering, casually walking about;

(2) Smoking, eating or drinking;

(3) making or answering phone calls, or using instant messaging tools;

(4) recording, videotaping, or taking pictures of trial activities or using instant messaging tools to transmit trial activities;

(5) Other conduct that endangers courtroom security or disrupts courtroom order.

Observers shall not enter the trial activity area, shall not stand up and walk around at will, and shall not speak or raise questions.

Journalists who have been approved to conduct actions stipulated by item (4) of the first paragraph shall do so at the designated time and in designated areas, and must not impact or interfere with trial activities.

Article 307:Where relevant personnel endanger court security or disrupt courtroom order, the chief judge shall handle it in accordance with the following distance situations:

(1) Where the circumstances are minor, give a warning and stop it; and reprimands may also be conducted based on the specific circumstances;

(2) Where the reprimand is ineffective, order them to leave the court; and where they refuse to leave the court, order bailiffs to compel them to leave;

(3) Where the circumstances are serious, after reporting to the president of the court to get permission, the offender may be fined up to 1000 RMB or detained for up to 15 days.

Where audio recordings, video recordings, or photos are taken of trial activities or instant messaging tools are used to transmit trial activities, the relevant equipment and storage media may be temporarily seized, and the relevant content may be deleted.

Where relevant personnel are not satisfied with a decision to give a fine or detain, they may apply for a reconsideration directly to the people's court at the level above, and may also go through the people's court making the decision to fine or detain to request a reconsideration from the people's court at the level above. Where the request for reconsideration is made through the people's court that decided upon the fine or detention, within three days of receiving the request for reconsideration, that court shall report and transfer the request, the written decision to fine or detain, and the relevant facts and evidence, together to the people's court at the level above. The enforcement of the decision does not stop during the period of reconsideration.

Article 308: Where lawyers serving as defenders and agents ad litem severely disrupt courtroom order and are forcibly removed from the courtroom, fined, or taken into custody, the people's court shall issue a notice to the judicial administrative organs and may suggest that they be given a suitable punishment in accordance with law.

Article 309:Where any of the following conduct is carried out, harming courtroom security or disrupting courtroom order, where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) Illegally carrying firearms, ammunition, controlled knives or explosive, inflammable, toxic radioactive, or toxic articles and infectious disease pathogens inside a courtroom;

(2) Making a racket or attacking the court;

(3) Insulting, defaming, threatening, or striking judicial personnel or litigation participants;

(4) Destroying courtroom facilities, or stealing or destroying litigation documents or evidence;

(5) Other conduct that endangers courtroom security or disrupts courtroom order.

Article 310:Where a defender seriously disrupts courtroom order and is ordered to leave the courrtroom, compelled out of the courtroom, fined or taken into custody, and the defendant conducts his own defense, trial is to continue; where the defendant requests to retain a different defender or the defendant belongs to a group that shall have legal aid provided, an adjournment shall be announced.

After defenders or agents ad litem have been ordered to leave the courtroom, compelled to leave the courtroom, or given fines, where they make a guarantee that they will follow the court's commands and will not further disrupt courtroom order, they may continue to serve as a defender or agent ad litem with the court's permission.

In any one of the following circumstances, defenders or agents ad litem must not continue to serve as a defender or agent ad litem in the same case:

(1) They leave court without authorization;

(2) The do not appear in court without legitimate reasons, or to do not appear in court on time, seriously impacting the smooth conduct of trial;

(3) They are again ordered to leave the court or compelled to leave the court after being detained or having made a guarantee.

Article 311:Defendants' changes of defender during trial procedures are normally not to exceed two times.

Where the defendant refuses his defender's defense in court and requests to separately retain a different defender or have a different lawyer appointed, the collegial panel shall approve it. Where there is no defender after the defendant refuses the defender's defense, the court shall announce an adjournment; where there is still a defender, trial may continue.

In cases with multiple defendants, after some of the defendants refuse their defender's defense and have no defender, based on the circumstances of the case, these defendants may be handled in a separate case and trial may continue for the other defendants.

Where after courtroom proceedings recommence, a defendant once again refuses their defender's defense in court, it may be permitted, but the defendant must not separately retain a defender or request that another lawyer is appointed, and will conduct his own defense.

Where a defendant is a person for who legal aid shall be provided, and after trial is started anew they reject the defender's defense, it will not be permitted.

Article 312:Where the defender refuses to defend the defendant during the course of trial at court and has legitimate reasons, it shall be permitted; the preceding article is to be applied by reference in deciding whether to continue trial.

Article 313:Where a different defender is retained or a legal aid institution appoints a new lawyer in accordance with the provisions of the previous two articles, the defender has 15 days from the day on which court was adjourned to prepare for the defense, unless the defendant and his lawyer are willing to reduce this time.

Where after trial is concluded, but before the verdict is announced, a different defender is retained, it is not necessary to open court anew; and where the defender submits written defense comments, they shall be accepted.

Article 314:In cases with multiple defendants where the circumstances provided for in the first paragraph of article 206 of the Criminal Procedure Law apply to some of the defendants, the people's court may suspend the trial of the entire case; or, based on the circumstances of the case, it may also suspend trial of some defendants and continue trial for the others.

The defendants for whom trial has been suspended may be dealt with separately in accordance with the situations of the case.

Article 315:Where the people's procuratorate finds that the people's court violated the legally-prescribed procedures in handling a case, and files a corrective opinion after the trial, the people's court shall adopt it if it finds that it is correct.

  Chapter X: First Instance Procedures for Private Prosecutions

Article 316:People's courts accepting private prosecution cases must meet the following requirements:

(1) Meet the requirements of Article 210 of the Criminal Procedure Law and Article 1 of this Interpretation;

(2) belong to the jurisdiction of the court;

(3) Have a complaint from the victim;

(4) Have a clear defendant, a specific litigation demand, and evidence showing that the defendant has committed a crime.

Article 317:In cases provided for by article 1 of this interpretation, if the victims are deceased, have lost the capacity to act, cannot make a complaint due to compulsion or coercion, or have limited capacity for action and cannot make a complaint due to old age, illness, blindness, deafness, muteness or other reasons, and their legal representatives or close family members make a complaint or make a complaint on their behalf, the people's courts shall accept it in accordance with law.

Where victims' legal representatives or close relatives make a complaint or make a complaint on their behalf, they shall provide proof of their relationship to the victim and of the reason that the victim is not able to make a complaint.

Article 318:Those raising private prosecutions shall submit a criminal pleading for the private prosecution; and where attached civil litigation is raised at the same time, they shall submit a pleading for a criminal suit with attached civil litigation.

Article 319:The pleading for a private prosecution shall normally include the following content:

(1) the private prosecutor (or the person making the complaint on their behalf), the defendant's name, sex, age, nationality, place of birth, education level, occupation, work unit, address, and contact information;

(2) The time, place, means, circumstances, and harmful consequences of the defendant's commission of a crime, ;

(3) specific demands in the litigation;

(4) the people's court where the pleadings were sent and the time;

(5) the names and sources of evidence etc.;

(6) The names, addresses and contact information of witnesses.

Where there are two or more defendants named, copies of the private prosecution complaint shall be provided in a number corresponding with the number of defendants.

Article 320:The people's courts shall complete their review of private prosecution cases within 15 days. A decision to file cases meeting the requirements for acceptance shall be made upon review, and written notice given is to be given to the private prosecutor or the person making a complaint on their behalf.

In any of the following situations, the private prosecutor shall be persuaded to withdraw the case; and where the private prosecutor does not withdraw the case, a decision shall be made to not accept it.

(1) it is not a case provided for in article 1 of this interpretation.

(2) evidence of a crime is lacking;

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

(4) The defendant is dead;

(5) the defendant is missing;

(6) After the private prosecutor withdraws a case for reasons other than insufficiency of evidence, another complaint is made on the same matter;

(7) After the people's courts' resolution of the case through mediation, the private prosecutor goes back on the agreement, and makes another complaint on the same matter;

(8) The case is one provided for in item (2) of Article 1 of this Interpretation, and the public security organs have opened a case for investigation or the people's procuratorate are currently reviewing for prosecution;

(9) Litigation initiated in the people's courts over dissatisfaction with conditional non-prosecution decisions made by the people's procuratorate for juvenile suspects or non-prosecution decisions made at the completion of the probationary period for conditional non-prosecution;

Article 321:For private prosecutions that are already filed but upon review lack evidence of crime, where the private prosecutor does not supplement evidence, the people's court shall convince them to withdraw the prosecution or rule that the case has been rejected; and where after the private prosecutor withdraws the case or the prosecution is rejected, they then submit evidence sufficient to prove that the defendant is guilty and again initiate a private prosecution, the people's court shall accept it.

Article 322:Where private prosecutors are disatisfied with rulings to not accept or reject a prosecution, they may appeal.

Where the second-instance people's court ascertains that the first-instance court's ruling not to accept a case was in error, it shall withdraw the original ruling and concurrently instruct the first-instance court to accept and file the case; where it is ascertained that the first-instance people's court's decision to reject a case was mistaken, it shall withdraw the original ruling and concurrently instruct the first-instance court to conduct a trial.

Article 323:Where a private prosecutor clearly knows that there are other joint violators but only raises a private prosecution against some of them, the people's court shall accept the case and notify the private prosecutor of the legal consequences of waiving the prosecution; and where the private prosecutor waives the prosecution and after the verdict is announced raises a private prosecution against the other joint violators regarding the same matter, the people's court is not to accept it.

Where only some joint victims prosecute, the people's court shall notify the other victims to participate in the proceedings, and notify them of the legal consequences of not participating. Those who indicate that they will not participate in the proceedings or appear in court after they have received notice are viewed as waiving the complaint. Where persons who were notified raise a private prosecution regarding the same matter after the first-instance verdict is announced, the people's court will not accept it. However, where a party separately raises civil litigation it is not restricted by this interpretation.

Article 324:Where defendants committed two or more criminal acts that are separated into public and private prosecutions, the people's court may try them together. This chapter's provisions apply to the private prosecution portions.

Article 325:Where the parties in a private prosecution cannot obtain evidence for objective reasons and apply to the people's court to collect it, they shall explain the reason and provide relevant leads or materials. Where the people's court finds it necessary, it shall promptly make the collection.

Where information networks are used to commit insulting or defamatory conduct, and a victim makes a complaint to a people's court, but truly has difficulty in providing evidence, the people's court may request that the public security organs provide assistance.

Article 326:Court proceedings shall be held for private prosecution cases where the facts of the crime are clear and there is sufficient evidence.

Article 327:Private prosecutions that meet the requirements for applying the simplified procedures may apply the simplified procedures at trial.

Private prosecution cases not applying the simplified procedures are to apply the provisions for first-instance public prosecutions using ordinary procedures by reference.

Article 328:On the foundation of ascertaining facts and getting to the bottom of the case, people's courts hearing private prosecution cases may conduct mediation on the basis of the principles of voluntariness and lawfulness. Where mediation reaches an agreement, a criminal mediation document shall be drafted and signed by the trial personnel, judges' assistants, and the court clerk, and the court's seal is to be affixed. After the mediation document is signed by both parties, it has legal effect. Where mediation does not reach an agreement, or the parties go back on a mediation agreement before signing it, a judgment shall be promptly made.

Mediation is not to be used in cases provided for in article 210 (3) of the Criminal Procedure Law.

Article 329:Before the verdict is announced, the parties to a private prosecution may settle on their own accord, and the private prosecutor may withdraw the complaint.

Where upon review, people's courts find that a settlement or the withdrawal of a complaint was truly voluntary, they shall rule to approve it; where they find that it was forced, performed under threat or involuntary, it is not to be approved.

Article 330:In private prosecutions where a withdrawal of the prosecution is approved, and the defendant has been placed under compulsory measures, the people's court shall immediately lift them.

Article 331:Where the private prosecutor has already been summoned twice and refuses to appear in court without a legitimate reason, or leaves the proceeding midway, the people's court shall rule that the prosecution is to be treated as withdrawn.

Where some of the private prosecutors withdraw or there is a ruling to treat them as withdrawn, it does not impact the continuation of the trial of the case.

Article 332:Where the defendant in a private prosecution has disappeared, the people's court may make a ruling to suspend the trial; and where eligible may make a decision to arrest the defendant in accordance with law.

Article 333:A judgment shall be made in private prosecution cases by applying the provisions of Criminal Procedure Law article 200 and article 295 of this interpretation by reference. In cases that have attached civil litigation where a not guilty verdict is announced in accordance with law, mediation may be conducted for the attached civil litigation portion or a judgment may be made on it together, and the plaintiffs to the attached civil litigation may also be notified to separately initiate civil litigation.

Article 334:Defendants or their legally-designated representatives may raise counter-suits against private prosecutors in the course of litigating cases requiring a complaint before prosecution and cases where the victim has evidence showing a minor crime. Counter-claims must meet the following requirements:

(1) the target of the counter-suit must be the private prosecutor of the current case;

(2) The content of the counter-suit must be conduct relevant to the current case;

(3) Counter-suit cases must meet the requirements of the provisions of article 1, items (1) and (2) of this interpretation.

Countersuits are to apply the provisions on private prosecutions and shall be tried together with the private prosecution case. Where the private prosecutor withdraws the case, it does not impact the continued trial of the counter-suit.

  Chapter XI: Trial of Crimes by Units

Article 335:In addition to conducting a review in accordance with the relevant provisions of article 218 of this interpretation, people's courts accepting cases of crimes by units shall also review whether the indictment has listed the defendant unit's name, place of residence, and contact information and its legal representative, actual controller, and primary responsible person; as well as the name, position, and contact information of the litigation representative that will appear in court on behalf of the defendant unit. Where it is necessary for the people's procuratorate to supplement the materials, it shall be informed to send the supplement within three days.

Article 336:The defendant unit's litigation representative shall be its legal representative, actual controller, or primary responsible person; where the legal representative, actual controller, or primary responsible person is the person directly responsible for the alleged crime by the unit or is unable to appear in court for objective reasons, the defendant unit shall entrust another responsible person or staff member to serve as the litigation representative. Excluding, however, relevant personnel who are alleged to be persons directly responsible for the unit's crime, or who know the circumstances of the case and have an obligation to testify.

Where it is difficult to determine the litigation representative based on the preceding paragraph, the defendant unit may retain a lawyer or other person from outside the unit as a litigation representative.

Litigation representatives must not simultaneously serve as the defender of the defendant unit or persons alleged to be directly responsible for the unit's crimes.

Article 337:In cases of crimes by units that will be tried in courtroom proceedings, the defendant unit's litigation representative shall be notified to appear in court; where the litigation representative does not meet the requirements of the preceding article, the people's procuratorate shall be requested to designate a different representative.

Where a defendant unit's litigation representative doesn't appear in court, it shall be handled according to the following distinct situations:

(1) Where the litigation representative is the defendant unit's legal representative, actual controller, or primary responsible person, and refuses to appear in court without a legitimate reason, they may be brought to court under custodial summons; where there are reasons by which they are objectively unable to appear in court or they have disappeared, the people's procuratorate shall be requested to designate another litigation representative.

(2) Where the litigation representative is another staff member, the people's procuratorate shall be requested to designate another litigation representative.

Article 338:The defendant unit's litigation representative enjoys the procedural rights provided to defendants in the Criminal Procedure Law. When court is in session, the litigation representative is to be seated before the judge's bench and to the left, beside the defenders' seat.

Article 339:Where a defendant unit has retained a defender, the relevant provisions of this interpretation are to be applied by reference.

Article 340:In cases that shall be designated as a crime by a unit, where the people's procuratorate has only indicted natural persons, the people's court shall recommend that the people's procuratorate make an addition to the indictment against the unit. Where the people's procuratorate still only prosecutes the case as a crime by natural persons, the people's court shall try the case in accordance with the law, pursuing the criminal responsibility of the directly responsible managers and other directly responsible personnel for the unit's crimes, and citing the articles from the specific provisions of the Criminal Law regarding criminal liability for directly responsible managers and other directly responsible personnel in crimes by units.

Article 341:The people's court shall decide to recover, seal, seize or freeze the defendant unit's unlawful gains, and other assets involved in the case, that have not yet been recovered or sealed, seized or frozen in accordance with law.

Article 342:To ensure the enforcement of the judgment, the people's courts may seal, seize or freeze the property of the defendant unit in advance or have the defendant unit provide a guarantee.

Article 343:Measures such as sealing, seizing, or freezing shall be employed strictly in accordance with the legally-prescribed procedures to minimize the impact on the defendant unit's normal production and business activities as much as possible.

Article 344:Where the defendant unit has its business licenses canceled, is declared bankrupt without having completed liquidation, or had registrations during trial, the trial shall continue; and where the defendant unit has been revoked or deregistered, the trial shall continue against the directly responsible managers and other directly responsible personnel for the unit's crimes.

Article 345:Where a defendant unit is merged or divided during the trial period, the original unit shall be listed as the defendant unit and the circumstances of the merger or division noted. Fines assessed against the defendant unit are limited to its assets and income in the new unit.

Article 346:Apply relevant provisions of this Interpretation by reference where this Chapter is silent as to the trial of crimes by units.

  Chapter XII: Trial of Cases where Guild is Admitted and Punishment is Accepted [Plea Leniency Cases]

Article 347:"Admit Guilt" as used in Criminal Procedure Law Article 15 refers to the criminal suspects or defendants voluntarily and truthfully confessing their own criminal conduct and having no objections to the facts of the crime as charged.

The "Acceptance of Punishment" as used in Criminal Procedure Law article 15, refers to criminal suspects or defendants being honestly repentant and willing to accept punishment.

Where defendants admit guilt and accept punishment, procedures may be simplified and substantive leniency shown in punishment in accordance with Criminal Procedure Law article 15.

Article 348:In plea leniency cases, the expedited procedures, simplified procedures, or ordinary procedures shall be used at trial in accordance with law based on the circumstances of the case.

Article 349:In plea leniency cases where the people's procuratorate has initiated a public prosecution, the people's court shall emphasize review the following content:

(1) Whether the people's procuratorate informed the criminal suspect of their procedural rights and the legal provisions on admitting guilt and accepting punishment when interrogating them'

(2) Whether records of hearing the opinions of the criminal suspects, defenders or duty lawyers, and victims and their agents ad litem are transferred with the case;

(3) Where defendants and victims reach mediation or settlement agreements, or where the victims' forgiveness was obtained, whether the mediation or settlement agreement, victims' forgiveness documents, and other such materials were transferred with the case.

(4) Where it is necessary to sign a plea affidavit, whether a plea affidavit was transferred with the case.

Where the materials provided for in the preceding paragraph were not transferred with the case, the people's procuratorate shall be requested to supplement them.

Article 350:People's courts shall make a defendant's admission of guilt and acceptance of punishment [plea] an important factor in considering their dangerousness to society. Where a defendant's crimes are minor and employing non-custodial compulsory measures is sufficient to prevent harm from occurring to society, non-custodial compulsory measures shall be employed in accordance with law.

Article 351:In plea cases, the defendant shall be informed at trial of the procedural rights they enjoy and the legal provisions on admitting guilt and accepting punishment; and a review is to be conducted of the voluntariness of the admission of guilt and acceptance of punishment and the truthfulness and lawfulness of the written plea affidavit.

Article 352:In plea cases, where the facts alleged in the people's procuratorate's indictment are clear, but the charged crimes differ from those verified through trial, the people's court shall hear the opinions of the people's procuratorate, defendants, and their defenders on the crime verified through trial, and make a judgment in accordance with law.

Article 353:In plea cases, where through trial people's courts find that the sentencing recommendation is clearly inappropriate, or where the defendant or defender raises objections to the sentencing recommendation, the people's procuratorate may adjust its sentencing recommendation. Where people's procuratorates do not adjust the sentencing recommendation or it still clearly inappropriate after adjustment, the people's court shall make a judgment in accordance with law.

In plea leniency cases applying the expedited procedures, where it is necessary to adjust the sentencing recommendation, the adjustment shall be made before trial or at court; where after the sentencing recommendation is adjusted the requirements for applying the expedited procedures are still met, continue to apply the expedited procedures at trial.

Article 354:A review and assessment of whether the sentencing recommendation is appropriate shall be based on the facts of the crime ascertained at trial, the specific circumstances of the plea, together with the legally-prescribed penalty for the crime and the criminal punishments applied in similar cases, and so forth.

Article 355:In plea cases, the people's court shall normally give defendants a lighter punishment; where the conditions for applying non-custodial punishments are met, non-custodial punishments shall be applied; and where there are legally-prescribed mitigating circumstances, punishment may be mitigated.

In plea cases, differences such as in the phase at which the defendant pleaded, and the proactiveness, consistency, and thoroughness of the plea, shall be reflected in the degree of leniency.

In cases of joint crimes where some of the defendants plea, those defendants may be punished leniently in accordance with law, however, attention shall be paid to the balance of sentences in the entire case.

Article 356:Where the defendant has not pleaded before the people's procuratorate initiates a prosecution, but pleas during the trial phase, the people's court does not need to inform the people's procuratorate to submit or adjust a sentencing recommendation.

In cases provided for in the preceding paragraph, the people's courts shall hear the comments of the prosecution and defense on sentencing, and make a judgment based on Criminal Procedure Law article 15 and article 355 of this Interpretation.

Article 357:In cases where defendants have not pleaded in the first-instance trial procedures, but plea in the second-instance trial procedures, a decision on whether to give leniency shall be made based on the specific circumstances of their plea, and a ruling made in accordance with law. When determining the scope of leniency, there shall be some difference from that in the first-instance trial procedures.

Article 358:Where during the course of trial, defendants no longer admit guilt and accept punishment, the people's courts shall make a judgment in accordance with law, based on the facts ascertained at trial. Where it is necessary to change procedures, handle it with reference to the relevant provisions of this Interpretation.

  Chapter XIII: Simplified Procedures

Article 359:After a basic level people's court accepts a public prosecution case, where upon review it finds that the facts are clear and the evidence is sufficient, it shall ask the defendant for comments on the alleged facts of the crime when a copy of the indictment is served to them, and notify them of the provisions on applying simplified procedures. Where the defendant has no objections to the alleged facts of the crime and agrees to apply the simplified procedures, it may be decided to apply the simplified procedures, with the people's procuratorate and defender being notified before trial.

Cases where the people's procuratorate suggests applying the simplified procedures or the defendant and their defender make an application to apply the simplified procedures, are to be handled in accordance with the preceding paragraph; where the requirements for applying simplified procedures are not met, the people's procuratorate, defendant, or defender shall be notified.

Article 360:Simplified procedures are not to be used in any of the following situations:

(1) Where the defendant is blind, deaf, or mute;

(2) Where the defendant is a mentally ill person who has not totally lost their capacity to recognize or control his behavior;

(3) Where the case has a major social impact;

(4) Where in a joint crime case, some of the defendants don't admit guilt or object to the use of simplified procedures;

(5) where the defender is making an not guilty defense;

(6) where the defendant admits guilt, but upon review, it is found that it might not comprise a crime;

(7) Other situations where it is innapropriate to use simplified procedures at trial.

Article 361:In cases tried applying the simplified procedures where the requirements of paragraph 1 of Criminal Procedure Law Article 35 are met, the people's court shall notify the defendant and their close relatives that they may apply for legal aid.

Article 362:In cases tried applying the simplified procedures, the people's court shall inform the people's procuratorate, private prosecutors, defendants and defenders of the time and place for trial before trial begins, and may also notify other litigation participants.

The notification may be in a simple and convenient form, but shall be recorded in the case file.

Article 363: In cases applying simplified procedures where the defendants have defenders, they shall be notified to appear in court.

Article 364:In cases tried applying the simplified procedures, the chief judge or judge hearing the trial alone shall ask in court for the defendants' comments on the alleged facts, and notify the defendants of the legal provisions on applying the simplified procedures, to confirm whether the defendants agree to apply the simplified procedures.

Article 365:Cases applying simplified procedures may simplify the trial as follows:

(1) The prosecutor may read a summary of the indictment;

(2) The prosecutor, defenders, and trial personnel's questioning of the defendant may be simplified or skipped;

(3) Where neither the prosecution nor defense objects to evidence, then only make an explanation of the name of the evidence and what it proves; where the parties have objections or the court feels it is necessary to investigate and verify evidence, it shall be presented and debated;

(4) Where neither the prosecution nor defense has objections to facts or evidence regarding guilt or sentencing, the trial may be conducted directly around the issues of determining the charge and sentencing.

In cases applying simplified procedures, the defendants' final statements shall be heard before announcing the verdict.

Article 366:During trial by a single judge of cases applying simplified procedures, where it is discovered that the defendant might be sentenced to imprisonment for over 3 years, it should be changed to a collegial panel trial.

Article 367:The judgment documents may be simplified in cases applying the simplified procedures.

Cases applying simplified procedures shall generally have the verdict announced in court.

Article 368:Where any of the following circumstances appear at trial in cases applying the simplified procedures, the case shall be switched to ordinary procedures:

(1) the defendant's conduct might not constitute a crime;

(2) the defendant might not bear criminal liability;

(3) The defendant refutes the alleged facts of the crime at court;

(4) The facts of the case aren't clear, or the evidence is insufficient;

(5) Other circumstances where simplified procedures are inappropriate or shall not be used.

In cases where it is decided to switch to ordinary procedures, the time for trial shall be calculated from the day on which the decision is made.

  Chapter XIV: Expedited Procedures

Article 369:In cases where the people's procuratorate recommends applying the expedited procedures when it initiates a public prosecution, where the basic level people's courts find through review that the facts are clear and that the evidence is credible and sufficient and that a criminal punishment of up to 3 years imprisonment might be given, it shall notify the defendants of the legal provisions on using the expedited procedures when sending them a copy of the indictment, and ask them whether they agree to use the expedited procedures. Where the defendant agrees to apply the expedited procedures, it may be decided to apply the expedited procedures, with the people's procuratorate and defender being informed before trial.

In cases where the people's procuratorate has not recommended applying the expedited procedures, but where upon review the people's court finds that the conditions for applying the expedited procedures are met, a decision may be made to apply the expedited procedures and the people's procuratorate and defenders are to be notified before trial.

Defendants and their defenders may submit applications to the people's courts to use the expedited procedures.

Article 370The expedited procedures are not to be applied in any of the following situations:

(1) Where the defendant is blind, deaf, or mute;

(2) Where the defendant is a mentally ill person who has not totally lost their capacity to recognize or control his behavior;

(3) where the defendant is a juvenile;

(4) Where the case has a major social impact;

(5) Where in a joint crime some of the defendants have objections to the alleged facts of the crime, charges, sentencing recommendation, or use of the expedited procedures;

(6) Where the defendants and victims, or their legal representatives, have not reached a mediation or settlement agreement on compensation for attached civil litigation;

(7) where the defender is making a not-guilty defense;

(8) other circumstances not suitable for applying the expedited procedures.

Article 371:In cases tried applying the expedited procedures, the people's court shall inform the people's procuratorate, defendants, and defenders of the time and place for trial before trial begins, and may also notify other litigation participants.

The notification may be in a simple and convenient form, but shall be recorded in the case file.

Article 372:In cases applying the expedited procedures, in-court proceedings may be consolidated, with cases heard one-by-one. After the public prosecutor reads a summary of the indictment, trial personnel shall question the defendants in court regarding their opinions on the alleged facts, evidence, sentencing recommendation, and the use of the expedited procedures; and shall verify the voluntariness, accuracy, and legality of the plea affidavit and verify circumstances such as compensation in attached civil litigation.

Article 373:In cases applying the expedited procedures, court investigation or courtroom debate are usually not carried out; but before the verdict is announced, the defenders' opinions and the defendants' final statement shall be heard.

Article 374:The judgment documents may be simplified in cases applying the expedited procedures.

Cases applying the expedited procedures at trial shall have the verdict announced at court.

Article 375:Where any of the following circumstances appear at trial in cases applying the expedited procedures, the case shall be switched to ordinary procedures or simplified procedures:

(1) The defendant's conduct might not constitute a crime or should not be pursued for criminal responsibility;

(2) The defendant admitted guilt and accepted punishment against his wishes;

(3) The defendant denies the alleged facts of the crime;

(4) The case is difficult, complex, or there is major controversy over the application of law;

(5) other circumstances not suitable for applying the expedited procedures.

Article 376:In cases where it is decided to switch to ordinary procedures or simplified procedures, the time for trial shall be calculated from the day on which the decision is made.

Article 377:In cases applying the expedited procedures, where the second-instance trial court remands the case for new trial in the original people's court in accordance with Criminal Procedure Law article 236, paragraph 1 item (3), the original people's court shall apply the ordinary procedures for first-instance trials in the new trial.

  Chapter XIV: Second-Instance Trial Procedures

Article 378:When local people's courts of any level announce a first-instance judgment or ruling, they shall inform the defendant, private prosecutors and their legal representatives that if they are unsatisfied with the judgment or rulings such as to withdraw a prosecution or conclude trial, they have the right to raise an appeal within the statutory time limits either in writing or orally, and either through that court or directly to the court at the level above. The defendant's defender and close relatives may also raise an appeal with the consent of the defendant. Parties to attached civil litigation and their legal representatives may also raise appeals to the portion of a judgment or ruling regarding attached civil litigation.

Their final expression of intent before the completion of the period for appeals controls whether the defendant, private prosecutor, parties to attached civil litigation or their legal representatives raise an appeal.

Article 379:People's courts accepting an appeal shall generally normally have an original and a copy of the appeal petition.

The content of the appeal petition is normally to include: the reference number of the first instance judgment or ruling and the time at which the appellant received them, the name of the first-instance trial court, the demands and grounds for the appeal, and the time at which the appeal was raised. Where the defendant's defender or close family member raises an appeal with the defendant's consent, they shall clearly state their relationship to the defendant and shall serve as the appellant in the name of the defendant.

Article 380:Appeals and procuratorial counter-appeals must be raised during the legally-prescribed time period. The time limits for an appeal or procuratorial counter-appeal of a judgment is 10 days, the time limits for an appeal or counter-appeal of a ruling is 5 days. The time period for appeal or counter-appeal begins to run the day after the judgment or the ruling is received.

The time limits for appeals and procuratorial counter-appeals on judgments and rulings on attached civil litigation shall be in accordance with the provisions for appeals and procuratorial counter-appeals on the criminal portion. Where the attached civil litigation portion was tried separately, the limitations period for appeals shall also follow the Criminal Procedure Law.

Article 381:Where the appellant submits an appeal through the first-instance trial court, the first-instance court shall review it. Where the appeal complies with the legal provisions, the petition for appeal shall be sent to the people's court at the level above, along with the case file and evidence, within three days of the completion of the period for appeals; and a copy of the petition shall be sent to the people's procuratorate of the same level and to the opposing party.

Article 382:Where the appellant directly appeals to the second-instance people's court, the second-instance court shall send the appeals petition to the first-instance court within 3 days of having received it. The first-instance people's court shall review whether the appeal complies with legal provisions. Those that comply with legal provisions shall be sent to the people's court at the level above, along with the case file and evidence, within three days of receiving the petition; and a copy of the petition shall be sent to the people's procuratorate of the same level and the opposing party.

Article 383:Where the appellant requests to withdraw the appeal within the statutory period, the people's court shall allow it.

Where the appellant requests to withdraw an appeal after the period for appeals is complete, and upon review, the second-instance trial court finds that the facts ascertained and application of law in the original judgment were correct and the sentencing appropriate, it shall rule to allow the appeal; but where it is found that the original judgment was truly in error, it shall not be approved and trial shall continue in accordance with the appeal.

Where an appeal is raised by a defendant sentenced to death with immediate enforcement, where they apply to withdraw an appeal after the second-instance court has begun trial, it shall not be permitted and trial shall continue in accordance with the appeal.

Article 384:All levels of local people's procuratorates' counter-appeals against first-instance judgments or rulings shall proceed through submission of the counter-appeal petition to the first-instance court. The first-instance people's court shall send the written counter-appeal together with the case file and evidence to the fist-instance court within 3 days of the completion of the period for counter-appeals, and send a copy to the parties.

Article 385:Where people's procuratorates request to withdraw a counter-appeal during the period for counter-appeals, the people's court shall allow it.

Where people's procuratorates request to withdraw a counter-appeal after the completion of the period for counter-appeals, the second-instance trial court may rule to allow it, but where it is found that the original judgment made a not-guilty verdict into a guilty verdict, or made a light sentence heavier, it shall not allow the withdrawal and trial shall continue.

Where a higher level people's procuratorate finds that the procuratorial counter-appeal of a lower people's procuratorate is improper, it is to make a request to withdraw the counter-appeal to the second-instance trial court, and apply the provisions of the preceding two paragraphs.

Article 386:Where an appeal or counter-appeal is withdrawn before the completion of the period for appeals or counter-appeals, the first instance judgment or ruling becomes effective on the date at which the period for appeals and counter-appeals is completed. Where after the completion of the period for appeals and counter-appeals is complete there is a request to withdraw an appeal or counter-appeal, and the second-instance court rules to allow it, the first-instance judgment or ruling shall take effect from the date on which the second-instance court's ruling is delivered to the appellant or counter-appealing organ.

Article 387:The second-instance court shall review the case file and evidence transferred from the first-instance court on appeal or counter-appeal is to include the following content:

(1) The letter of transfer on appeal or counter-appeal;

(2) The appeal petition or counter-appeal document;

(3) Eight copies of the first-instance opinion or ruling (with one additional copy for each additional defendant) and an electronic copy;

(4) The entire case file and evidence, including the trial report and other materials that shall be transferred.

Where the materials listed in the preceding clause are complete, the people's court of the second instance shall accept the case; where the materials are not complete, the first-instance court shall be notified to promptly send the remaining materials.

Article 388:Second-instance people's courts hearing appeals or counter-appeals shall conduct a comprehensive review of the facts determined and law applied in the first-instance judgment or ruling, unrestricted by the scope of the appeal or counter-appeal.

Article 389:In cases of joint crimes where only some of the defendants appeal or a private prosecutor only appeals the judgments against some defendants, or the people's procuratorate only counter-appeals the judgment against some defendants, the second-instance court shall review the entire case and handle it together.

Article 390:In a joint crime case, where the defendant who is appealing dies and other defendants have not appealed, the second-instance trial court shall conclude trial for the deceased defendant; but where there is evidence showing that the defendant was not guilty, and it can be confirmed through trial in absentia that they are not guilty, a not guilty verdict shall be announced.

In the circumstances provided for in the preceding paragraph, the second-instance trial court should still conduct a review of the entire case, and make a judgment or ruling on the other defendants in the case.

Article 391:Review of the following content shall be emphasized in appeals and counter-appeals:

(1) Whether the facts verified in the first-instance judgment are clear and whether the evidence is credible and sufficient;

(2) Whether the first-instance court correctly applied the law, and whether the sentence was appropriate;

(3) Whether there were any violations of legally-prescribed procedures during the investigation, review for prosecution, or first-instance trial procedures;

(4) Whether the appeal or counter-appeal has raised new facts or evidence;

(5) The circumstances of the defendant's confessions and justifications;

(6) Whether the defenders' opinions had been adopted ;

(7) Whether the part of the judgment or ruling on attached civil litigation was lawful and appropriate;

(8) Whether the disposition of assets involved in the case was correct;

(9) The deliberation opinions of the first-instance court's collegial panel and adjudication committee.

Article 392:In addition to defending himself during the second-instance trial period, the defendant may continue to retain his defender from the first-instance trial or separately retain a new defender for his defense.

In joint crime cases, where only some of the defendants raise an appeal, where a private prosecutor only appeals the judgment against some of the defendants, or where the people's procuratorate only raises a prosecutorial counter-appeal against some of the defendants, other defendants in the same case may also retain a defender for their defense.

Article 393:In the following cases, courtroom proceedings shall be held based on the provisions of Criminal Procedure Law article 234:

(1) Cases where the defendant, private prosecutor, or their legal representatives raise objections to the verified facts or evidence from the first-instance trial that might influence judgment or sentencing;

(2) Appeals in cases where the defendant has been sentenced to death;

(3) Cases in which the people's procuratorate is counter-appealing;

(4) Other cases that shall be tried in courtroom proceedings.

In cases where a defendant given a death sentence has not appealed, but other defendants in the same case have appealed, the second-instance people's court shall hold courtroom proceedings.

Article 394:Where upon review the second-instance people's court finds that the original judgment in either an appeal or prosecutorial counter-appeal case had unclear facts or insufficient evidence, or had violations of legally-prescribed litigation procedures as provided in article 238 of the Criminal Procedure Law and that it needs to be remanded for a new trial, it may choose not to hold in-court proceedings.

Article 395:Where the people's procuratorate, defendant, or their defender submit new evidence during the time period for the second-instance trial, the people's court shall promptly notify the opposing parties to read it and make copies or reproductions.

Article 396:In second-instance public prosecutions with in-court proceedings, the people's procuratorate shall be promptly notified to access the case file, after the decision is made to hold in-court proceedings. The people's procuratorate's time reviewing the case file will not be calculated into the trial period for two days after they are notified.

Article 397:When holding in-court proceedings for an appeal or counter-appeal in a public prosecution case, the people's procuratorate at the same level shall be notified to send someone to participate.

In prosecutorial counter-appeals, where after receiving notice of in-court proceedings, the people's procuratorate does not appoint someone to appear in court and does not explain the reasons, the people's court may rule to handle the case as withdrawn by the people's procuratorate.

Article 398:In appeals or prosecutorial appeals with in-court proceedings, in addition to applying the relevant provisions of the first-instance procedures by reference, the following provisions shall also be followed:

(1) In the courtroom investigation phase: after trial personnel read out the first-instance trial judgment or ruling; in an appeal, the appellant or their defender is to read out the petition or state the reasons for appeal, and in a counter-appeal case, the procurator is to read out the complaint; and where there are both appeals and counter-appeals, the procurators are to first read out the complaint and the appellant or his defender is to then read the appeal petition or an explanation of the reasons for the appeal.

(2) During the courtroom debate phase: in appeals, the appellant or their defender speak first and then the procurator or agent ad litem speak; and in prosecutorial appeals, the procurator or agent ad litem speaks first, and then the defendant and their defender speak; and where there are both appeals and counter appeals, the procurator and agent ad litem speak first and then the appellant and their defender speak.

Article 399:Appeals and prosecutorial appeals cases being tried in-court may be focussed around the portions of the first-instance judgment or ruling that have controversial issues or portions in doubt. Based on the circumstances of the case, the trial may follow the methods below:

(1) The reading of the first-instance judgment may be limited to information such as the cause of action, the principal facts, the names of the evidence, and the principal text of the judgment;

(2) the courtroom investigation shall focus on facts and evidence objected to in the first-instance judgment, as well new evidence submitted and other such matters; facts, evidence, and circumstances that have not been objected to may be directly affirmed;

(3) The people's court may opt not to summon defendants in the same case who have not appealed and for whom there is no application to appear, or who the court finds it is not necessary for them to appear;

(4) In cases where the defendant has multiple crimes, it may be opted to not try those crimes for which the facts are clear and there are no objections during in-court proceedings;

Where a defendant in the same case who has not raised an appeal, and against whome the people's procuratorate has also not raised a counter-appeal, requests to appear in court, it shall be permitted. Defendants appearing in court may participate in courtroom investigation and debate.

Article 400:Where the second-instance trial does not hold in-court proceedings in accordance with law, the defendant shall be interrogated and the opinions of the other parties, defenders, and agents ad litem shall be heard. All members of the collegial panel shall read the case file and when necessary shall submit written comments on their reading of the file.

Article 401:In trying an appeal submitted by the defendant, his legal representative, or close relatives, the judgment must not be changed in a way adverse to the defendant, and the following provisions shall be enforced:

(1) Where in the same case only some of the defendants appeal, not only must the appellants' punishment not be increased, but the sentences of the other defendants in the cases' must also not be increased;

(2) Where the charges found by the original judgments are improper, the charge may be changed, but the criminal punishment must not be increased and its enforcement must not be adversely impacted;

(3) Where the number of crimes found by the original judgment is improper, it may be changed and the criminal punishment may be adjusted, but the punishments that it has been decided to enforce must not be increased and an adverse impact must not be caused to the enforcement;

(4) Where the original judgment gave the defendant a suspended sentence, the suspended sentence must not be revoked and the probation period for the suspended sentence must not be extended;

(5) Where the original judgment did not give a professional prohibition or injunction, one must not be added; where a professional prohibition or injunction was ordered, it must not have content added or be extended;

(6) Where the original judgment gave a suspended death penalty and did not place limits on reducing the sentence or give a sentence of life without release, these limits must not be added;

(7) Where the criminal punishment given in the original judgment is improper, or supplementary punishments should have been used but were not, the punishment must not be directly increased or supplementary punishments directly applied. Where the original judgment was abnormally light and it is necessary to change a judgment in accordance with law, a new trial shall be held in accordance with the trial supervision procedures after the second-instance judgment or ruling takes effect.

Cases where the procuratorate raises a counter-appeal or the private prosecutor appeals, are not subject to the restrictions provided in the preceding paragraph.

Article 402:Where the people's procuratorate only raises a prosecutorial appeal on the judgment against some of the defendants, or a private prosecutor only appeals the judgment against some of the defendants, the second-instance court must not increase the punishments of the other defendants in the same case.

Article 403:In cases where defendants or their legal representatives, defenders, or close relatives raise an appeal, and the people's procuratorate has not raised a counter-appeal, after the second-instance trial court remand for a new trial, the original people's court must not increase the defendants' punishment unless there are new facts of crimes and the people's procuratorate supplements the indictment.

In the cases provided for in the preceding paragraph, after the original trial court makes a judgment in accordance with law in the case remanded for new trial, where the people's procuratorate counter-appeals, the second-instance trial court must not change the judgment to make the criminal punishment heavier than the first judgment of the original court.

Article 404:Where the second-instance trial court finds that the facts in the first-instance judgment were unclear or the evidence insufficient, the judgment may be changed after clarifying the facts, or a ruling may be made to revoke the original judgment and remand to the original people's court for new trial.

In cases with several defendants, where the facts of the crime were unclear, the evidence was insufficient, or there are new crimes that need to be prosecuted for only some of the defendants, then based on the circumstances of the case, the second-instance trial court may divide the case to address those defendants, and remand the part of the case regarding those defendants to the original trial court for a new trial. Where, after the original trial court makes a new judgment, the defendant appeals or the people's procuratorate counter-appeals, and a second-instance trial judgment or ruling has not yet been made for the other defendants, the second-instance trial court may combine the cases.

Article 405:In cases where the facts are unclear or the evidence insufficient and the second-instance people's court remands for a new trial; where after the original court makes a new judgment, the defendant appeals or the people's procuratorate counter-appeals, the second-instance court shall make a judgment or ruling in accordance with law, but must not remand for new trial again.

Article 406:A second-instance people's court discovering that during retrial de novo the original court had any of the circumstances provided for in article 238 of the Criminal Procedure Law or violated the provisions of article 239, shall rule to revoke the original judgment and remand for new trial.

Article 407:Where second-instance people's courts hearing appeals or prosecutorial counter-appeals against the criminal portion of a case for which the attached civil portion has already taken legal force, discover that there is a mistake in the attached civil portion of the first-instance judgment or ruling, they shall follow the trial supervision procedures to make corrections to the attached civil portion.

Article 408:In criminal cases where there is attached civil litigation and only the parties to the attached civil litigation or their legal representatives appeal, the criminal portion of the first-instance judgment is to take effect when the period for appeals is completed.

Where a first-instance criminal defendant who shall be sent to prison for enforcement of his sentence is the defendant in the second-instance trial of attached civil litigation, his delivery for enforcement may be delayed until the conclusion of trial in the attached civil litigation.

Article 409:second-instance trial courts hearing cases where an appeal was raised as to the attached civil part, but where the criminal portion has already taken legal effect shall conduct a review of the entire case, and handle it in accordance with the following situations:

(1) Where there is nothing improper in the criminal portion of the first-instance judgment, it is only necessary to make a disposition as to the attached civil portion;

(2) Where there is true error in the criminal portion of the first-instance judgment, conduct a retrial of the criminal portion in accordance with the trial supervision procedures and try the attached civil portion and the criminal portion together.

Article 410:Where the plaintiff from the first-instance trial's attached civil litigation adds an independent claim or where the defendant from the first-instance attached civil litigation raises a counter-claim, the second-instance people's court may conduct mediation on the basis of the principles of voluntariness and lawfulness; and where the mediation does not succeed, notify the parties to file suit separately.

Article 411:When necessary, second-instance private prosecution cases may be mediated, and the parties may also settle of their own accord. Where cases are concluded through mediation, a mediation agreement shall be drafted and the first-instance judgment or ruling is automatically revoked. Where the parties settle on their own accord, handle it in accordance with article 329 of this Interpretation, and where a ruling allows withdrawal of a private prosecution, the first-instance judgment or ruling shall be revoked.

Article 412:During the second-instance trial, where the parties in a private prosecution submit a counter-claim, they shall be informed to initiate separate litigation.

Article 413:Second-instance courts may entrust the first instance court to announce a verdict on their behalf and to deliver the second-instance opinion or ruling to the parties. The first-instance people's court shall send the announcement record to the second-instance court within 5 days of having announced a verdict on its behalf and also send the second-instance court a record of delivery after the deliveries are completed.

Where the announcement of the verdict is entrusted, the second-instance court shall deliver the second-instance judgment or ruling directly to the procuratorate at the same level.

Where the second-instance judgment or ruling is the final judgment or ruling, it is to take legal effect on the day it is announced.

  Chapter XVI: Verification and Approval of Sentences Below the Legally-Prescribed Criminal Punishment or Special Parole

Article 414:Cases submitted to the Supreme People's Court for review and approval of a criminal punishment below the statutory minimum shall be handled in accordance with the following circumstances:

(1) Where the defendant has not appealed and the people's procuratorate has not raised a counter-appeal, report the situation to the people's court at the level above for review within 3 days after the completion of the period for appeals or prosecutorial appeals. Where the higher-level people's court agrees with the original judgment, it shall report up to the Supreme People's Court for verification and approval; where it does not agree, it shall rule to remand for new trial, or bring it for trial in accordance with the second-instance trial procedures;

(2) Where the defendant appeals or the people's procuratorate raises a counter-appeal, and the second-instance trial maintains the original judgment, or changes the judgment but it is still below the legally-prescribed punishment, it shall be reported up to the Supreme People's Court for verification and approval in accordance with the preceding item;

Article 415:In cases conforming to the provisions the second paragraph of Criminal Law article 63, where the first-instance trial court has not given a criminal punishment below the legally-prescribed punishment, the second-instance trial court may give a punishment below the legally-prescribed punishment and report up to the Supreme People's Court for verification and approval.

Article 416:Cases submitted to the Supreme People's Court for verification and approval of a punishment below the legally-prescribed minimum shall include five copies of the judgment and of the report requesting approval, as well as the entire case file and all evidence.

Article 417:Where the Supreme People's Court approves a case where the punishment is less than the leglally-prescribed minimum, it shall issue an approval document; where it does not approve, it shall issue a non-approval document and revoke the original judgment or ruling, and remand to the original people's court for new trial or designate another people's court at a lower level for new trial.

Article 418:In cases remanded to the second-instance trial court for new trial in accordance with articles 414 and 417 of this Interpretation, the second-instance people's court may directly change the judgment; where in-court proceedings are needed to clarify facts, verify evidence, or correct procedural violations in the original trial, it shall be tried in-court.

Article 419:The provisions of Article 243 of the Criminal Procedure Law are to be applied by reference as to the time period for the Supreme People's Court's and higher-level people's courts' review of punishments below the legally-prescribed minimum penalty,

Article 420:Parole cases reported to the Supreme People's Court for verification and approval that are not subject to requirements for time already served because of the convict's special circumstances shall be handled according to the following distinct circumstances:

(1) After an intermediate people's court makes a parole ruling in accordance with law, it shall report it to a high people's court for review. Where the high people's court agrees, it shall report the case in writing to the Supreme People's Court for verification and approval; where it does not agree, it shall rule to revoke the intermediate people's court's parole ruling.

(2) High people's courts making parole rulings in accordance with law shall report to the Supreme People's Court for verification and approval.

Article 421:Parole cases reported to the Supreme People's Court for verification and approval that are not subject to requirements for time already served because of the convict's special circumstances shall include five copies of the case report for approval, the report on the criminals' having special circumstances and the parole ruling, as well as the entire case file.

Article 422:Where the Supreme People's Court approves a parole case that is not subject to the requirements for time already serves because of the convict's special circumstances, it shall issue an approval document; where it does not approve, it shall issue a non-approval document and revoke the original ruling.

  Chapter XVII Procedures for Final Review of the Death Penalty

Article 423:Cases reported to the Supreme People's Court for verification and review of a death sentence shall be handled according to the following distinct situations:

(1) First-instance cases in which an intermediate court has given a death sentence and the defendant has not appealed and the people's procuratorate has not raised a counter-appeal, shall be submitted to a high people's court for review within 10 days after the completion of the period for appeals and counter-appeals: Where the high court agrees with the death sentence, it shall submit the case to the Supreme People's Court for verification and approval within 10 days after issuing the ruling; where it finds that there is a flaw regarding the finding of a specific fact, or in the application of law cited, but that there is nothing improper in sentencing the defendant to death, it may approve the judgment or ruling after making corrections; and where it does not agree with the death sentence, it shall bring it for trial in accordance with second-instance trial procedures or remand it for a new trial.

(2) In first-instance cases in which an intermediate people's court has given a death sentence, and either the defendant appeals or the people's procuratorate raises a counter-appeal, where the high people's court rules to sustain, it shall be reported to the Supreme People's Court for verification and approval within 10 days of issuing the ruling.

(3) First-instance cases in which a High People's Court has given a death sentence and defendant has not appealed and the people's procuratorate has not raised a counter appeal, shall be submitted to the Supreme People's Court for verification and approval within 10 days after the completion of the period for appeals.

High courts reviewing death penalty cases shall interrogate the defendant.

Article 424:In first-instance cases where an intermediate people's court gives a suspended death sentence and the defendant has not appealed nor has the people's procuratorate raised a prosecutorial appeal, it shall be reported to the high people's court for verification and approval.

In cases where high people's courts are reviewing a suspended death sentence, they shall interrogate the defendant.

Article 425:Reporting for review of death sentences and suspended death sentences shall be done with one case per report. The materials sent shall include five copies each of the report requesting the review, the first and second-instance judgment documents, and the comprehensive case report, as well as the entire case file and all evidence. Digital copies of the comprehensive case reports and the first and second instance judgment documents and trial reports shall also be sent.

The entire case file and evidence shall be sent for cases tried together.

In cases previously remanded for new trial, the original first and second instance case files shall be sent in together.

Article 426:Reports for review of death sentences and suspended death sentences shall clearly write out the cause of action, a summary of the case circumstances, the trial process, and resulting judgment

The comprehensive case report shall include the following:

(1) the defendants' and victims' basic information; Where a defendant has a criminal record or has received an administrative punishment or sanctions, it shall be clearly stated;

(2) the origin of the case and trial process. Where the case has previously been remanded for new trial, information such as the reasons, time and case number shall be clearly stated;

(3) The circumstances of the investigation that broke the case. Where a case was broken or the defendant caught by use of technical measures in supervision or criminal investigations, it shall be clearly stated, as well as circumstances of voluntary surrender or meritorious contribution;

(4) the circumstances of the fist-instance trial. This includes the opinions of the prosecution and defense, the facts of the crime verified at the first-instance trial, and the opinions of the collegial panel and adjudication committee.

(5) The circumstances of second-instance trial or high court review. This includes the reason for an appeal, the people's procuratorate's opinions, facts verified in the second-instance trial or high people's court's review, the circumstances and reasons for admitting evidence, and the opinions of the prosecution and defense and whether they were adopted;

(6) Issues that require explanation. This includes the handling of other cases arising out of the same joint crime that were addressed separately, whether the case has a major societal impact, as well as other circumstances such as the reaction of the parties;

(7) Opinions on handling. Clearly state the collegial panel's and adjudication committee's opinons.

Article 427:The following content shall be fully reviewed in cases reviewing death sentences or suspended death sentences:

(1) The defendant's age, whether the defendant has the capacity for criminal responsibility, whether the defendant is a pregnant woman;

(2) Whether the facts determined in the original judgment are clear, and whether the evidence is credible and sufficient;

(3) The circumstances of the crime, its consequences, and the degree of harm;

(4) Whether the law applied in the original judgment was correct, whether it is necessary to give a death sentence, whether it must be immediately implemented;

(5) Whether there are any statutory or discretionary aggravating or mitigating circumstances, or circumstances for commutation of punishment;

(6) whether litigation procedures were lawful;

(7) Other circumstances that should be reviewed.

Review of the justifications and defense opinions of the defendant and their defender shall be emphasized in reviewing cases of death sentences and suspended death sentences.

Article 428:Cases of suspended death sentences reviewed by the High People's Courts shall be handled in accordance with the following distinct situations:

(1) where the finding of facts and application of law in the original trial are correct, the sentencing is proper, and the litigation procedures were lawful, it shall be approved;

(2) Where there is flaw in a specific finding of fact or law cited in the original judgment, but there is nothing improper in sentencing the defendant to a suspended death sentence, a judgment or ruling of approval may be made after it is corrected;

(3) Where the facts found in the original judgment are correct, but there is a mistake in the application of law or the sentence is too severe; the judgment shall be changed.

(4) Where the facts are unclear or the evidence insufficient in the original judgment, a ruling may be made to not grant approval, to revoke the original judgment, and to remand for new trial or change the judgment in accordance with law;

(5) Where new facts or evidence that impact the verdict or sentencing appear during the review period, a ruling may be made to not grant approval, to revoke the original judgments and to remand for new trial or to change the judgment after trial in accordance with article 271 of this interpretation.

(6) Where the original judgment violated the legally-prescribed litigation procedures and might have impacted the fairness of trial, a ruling shall be made to not grant approval, to revoke the original judgment, and to remand for new trial.

In cases reviewing a suspended death sentence, the defendant's penalty must not be increased.

Article 429:In cases where the Supreme People's court reviews a death sentence, it shall be handled according to the following distinct circumstances:

(1) where the finding of facts and application of law in the original trial are correct, the sentencing is proper, and the litigation procedures were lawful, it shall be approved;

(2) Where there are flaws in the original judgment as specific facts found or legal provisions cited, but there is nothing improper in the decision to sentence the defendant to death, a judgment or ruling to approve may be made after corrections;

(3) Where facts in the original judgment are unclear or the evidence insufficient, a ruling shall be made to not approve, to revoke the original judgment, and to remand for new trial.

(4) Where new facts or evidence that impact the verdict or sentencing appear during the period for review, a ruling shall be made to not approve, to revoke the original judgment, and to remand for new trial.

(5) Where the facts verified in the original judgment are correct, but a death penalty shall not be given in accordance with law, a ruling shall be made to not approve, to revoke the original judgment, and to remand for new trial; but when necessary, the judgment may also be changed in accordance with law based on the circumstances of the case;

(6) Where the original judgment violated the legally-prescribed litigation procedures and might have impacted the fairness of trial, a ruling shall be made to not grant approval, to revoke the original judgment, and to remand for new trial.

Article 430:Where the Supreme People's Court makes a ruling to not approve a death sentence, it may, based on the circumstances of the case, remand to the second-instance or first-instance people's court for new trial.

In cases where the Supreme People's Court remands to the second-instance trial court for new trial, the second-instance trial court must normally not remand to the first-instance trial court for new trial.

Where the first-instance court has a new trial, it shall hold in-court proceedings. Where the second-instance people's court has a new trial, it may directly change the judgment, but where it is necessary to hold court proceedings to clarify the facts, verify evidence, or correct procedural violations from the original trial, court proceedings shall be held.

Article 431:Where after trial by high people's courts in accordance with the review procedures, the case is reported to the Supreme People's Court for verification and approval of the death sentence, and the Supreme People's Court rules not to approve and remands to the high people's court for new trial, the high people's court may follow the second-instance procedures at trial or remand for new trial.

Article 432:In cases where the Supreme People's Court rules not to approve a death sentence and remands for new trial, the original people's court shall separately organize a collegial panel for trial, except as otherwise provided by article 429 items (4) and (5) of this interpretation.

Article 433:In cases remanded for new trial in accordance with articles 430 or 431 of this Interpretation, where the first-instance trial court gives a death sentence or suspended death sentence, and after the people's court at the level above hears it in accordance with the second-instance trial procedures or review procedures, a judgment or ruling shall be made, and it must not be remanded for new trial. Except, however, where the first-instance trial court has circumstances provided for in Criminal Procedure Law article 238 or there is a violation of Criminal Procedure Law article 239.

Article 434:Where during the period of death penalty review, the defense lawyers request to express opinions in person, the Supreme People's Court, the relevant collegial panel of the Supreme People's Court shall hear their opinions in a workplace setting, and create a record; where the defense lawyers provide written opinions, they shall be attached to the file.

Article 435:Where the Supreme People's Procuratorate submits opinions during the period for death penalty review, the Supreme People's Court shall review them and give feedback as to whether they were adopted and why to the Supreme People's Procuratorate.

Article 436:In accordance with the relevant provisions, the Supreme People's Court shall notify the Supreme People's Procuratorate of the result of the review in death penalty cases.

  Chapter XVIII: Disposition of Case Assets

Articles 437:The people's courts shall properly look after assets involved in the case that have been sealed, seized, or frozen and the proceeds thereof, and make a list of these assets to be attached to the case file; for physical property that has been transferred along with the case by the people's procuratorate, the court shall look after it after having verified it against the list of property. No unit or individual shall be allowed to misappropriate it or personally dispose of it.

In sealing immovable property, cars, boats, aircraft, or other such assets, the title shall be seized, and after making a photograph or video recording of it, it shall be sealed in situ or given to the person in possession or defendant's close relatives for safekeeping, and registered with detailed information such as the property's name, model number, ownership, and address clearly stated, and notify the departments responsible for property registration and management to take care of the seizure and registration formalities.

Seized items, shall be registered and information such as the item's name, model number, specifications, quantity, weight, quality, purity, color, condition, defects, identifying characteristics, and origins clearly stated. Seized currency or marketable securities shall be registered and information such as the currency or security's name, amount, and denominations clearly stated; currency shall be deposited in a special account bank, and the name and content of the bank's certificate of deposit it to be registered. Seized cultural relics, gold and silver, jewels, valuable artwork, and other valuables and contraband shall be photographed, and where an evaluation is needed, it shall be promptly evaluated. Seized items shall be promptly appraised in accordance with relevant regulations.

Frozen accounts, remittances, bonds, stock shares, shares in funds, and other such assets shall be registered and information such as the serial numbers, types, values, count, and value clearly stated.

Article 438:Where ownership is clear, the victim's lawful property shall be promptly returned in accordance with law, but it must be photographed, appraised, and valued, and the reason for its return noted in the case file; and the photograph of the original item, the list of items, and the victim's receipt paperwork are to be placed in the file for future reference; but where ownership is unclear, then after the court's judgment or ruling takes effect it shall be returned pro rata among the victims, excluding those who already received restitution.

Article 439:During trial, assets that are unsuitable for long-term storage, easily depreciated, or subject to major market value fluctuations, or securities that are soon approaching their expiration, may be disposed of in advance in accordance with law and upon the application or consent of the owner and approval of the court president, and the proceeds are to be looked after by the people's court.

The advance disposition of case assets shall be in accordance with law, open, and fair.

Article 440:Objects being used as evidence shall be sent along with the case. Where after the first-instance judgment or ruling is announced, the defendant appeals or the people's procuratorate raises a counter-appeal, the first-instance people's court shall transfer the above evidence to the second-instance court.

Article 441:Based on the circumstances of the case, objects that are not transferred with the case shall have the following content separately reviewed:

(1) for bulk items and items which are inconvenient to transport: whether or not the list of sealed and seized items has been transferred with the case along with pictures of the items and the storage paperwork, notes of the storage location, and other such information;

(2) for items vulnerable to rot and mildew or that are difficult to store: whether or not the organ doing the sealing or seizing has transferred information such as pictures of the items, an item list, and the proof of sale (photocopy) along with the case after having sold the items;

(3) for firearms and munitions or toxic, flammable and explosive materials and other contraband or dangerous goods: whether or not the organ doing the sealing or seizing has sent information such as photos of the original items and a list of the items along with the case, after disposing of the items in accordance with relevant provisions.

Where items not transferred with the case that are described above shall be evaluated and appraised in accordance with law, whether the evaluation or appraisal opinions are attached shall also be checked.

Where physical items for currency or marketable securities that have been sealed or seized have not been transferred, whether a photograph of the original items, item list, or other documents of proof are attached shall also be reviewed.

Article 442:During the course of trial at court, a review shall be conducted in accordance with law of assets that have been sealed, seized, or frozen, and the proceeds thereof, in accordance with article 279 of this Interpretation.

Article 443Where defendants use case assets that shall be recovered for investments or acquisitions, the resulting assets or income from these shall be recovered.

Where defendants make investments or purchases with assets that shall be recovered in accordance with law, and the proceeds thereof, together with other lawful assets, the people's court should recover the portion of the resulting assets or income formed by this that corresponds to the case assets.

Article 444:The name, amount, number, location, and disposition of property that has been sealed, seized or frozen, and the proceeds thereof, shall be clearly stated in the judgment documents. Where the number of assets involved in the case is relatively large and not suitable for detailed listing in the main text of the judgment documents, an inventory may be separately attached.

Where the judgment is to recover unlawful gains or order restitution, the amount to be recovered, or the name and number of assets to be recovered shall be clearly written; where they have already been returned, this shall be clearly written in the judgment documents.

Article 445:Where upon review, the sealed, seized, or frozen assets are confirmed to be unlawful gains or other assets involved in the case that shall be recovered in accordance with law, a judgment shall be made to return them to the victim or confiscate them and send them to the national treasury, except as otherwise provided by law.

Unlawful gains that have not been recovered and brought in or for which restitution is incomplete at the time of the judgment, a judgment shall be made to continue recovery or ordering restitution.

When making a judgment to return property involved in the case to victims, the victims shall be notified to claim it; where no one claims it, notice shall be made by public announcement; where no one claims it after one year, it shall be handed over to the state treasury; where after it has been handed over to the state treasury, someone claims it, and upon review it is verified, an application shall be made to recall it from the treasury and return it; where the original item has already been auctioned or sold, the proceeds shall be returned.

In cases of violations against state-owned property where the victim unit has already been terminated and there is no successor to its rights and interests, or where the losses have already been offset. the sealed, seized, or frozen property, and the proceeds thereof, shall be transferred to the state treasury.

Article 446:During the second-instance trial, where it is discovered that the first-instance judgment did not make a disposition of assets involved in the case and their proceeds that were transferred with the case, a ruling may be made to revoke the original judgment and remand to the people's court for the original trial for a new trial, and the original court is to make a disposition of the case assets.

After the judgment takes effect, where it is discovered that the first-instance judgment did not make a disposition of assets involved in the case and their proceeds that were transferred with the case, the people's court of the original trial is to make a separate disposition of the assets involved in the case and the proceeds thereof in accordance with law.

Article 447:The first-instance people's court is responsible for handling property and its yields that are transferred along with the case or that the people's court has sealed or seized , after the judgment takes effect.

Where items were not transferred with the case and are being looked after by the organ that seized them, the people's courts shall send the judgment or ruling documents to the seizing organ within 10 of the judgment becoming effective and notify it to send back an enforcement receipt within one month, where there is no way to complete this on time due to objective reasons, they shall explain the cause.

Article 448:Where a judgment is made to confiscate assets such as frozen accounts, remittances, bonds, stocks, or fund shares, after the judgment becomes effective, the first-instance people's court shall send the judgment or ruling documents to the relevant financial institutions and finance departments, and notify the relevant to financial institutions to hand it over to the state treasury in accordance with law and send back the proof of receipt from the state treasury and the enforcement receipt within 15 days of receiving the enforcement notice.

Article 449:Where assets that have been sealed, seized, or frozen have no connection with the case but have already been included in the items list, they shall be handled by the sealing, seizing, or freezing organ in accordance with law.

Where arrests that have been sealed, seized, or frozen are lawfully owned by the defendant, they shall be promptly returned to the defendant after the victim's losses have been compensated and financial penalties have been enforced;

Article 450:Where this interpretation does not provide for sealed, seized, or frozen assets or their disposition, the relevant provisions of laws and other judicial interpretations are to be applied by reference.

  Chapter XIX: Trial Supervision Procedures

Article 451:Where the parties, their legal representatives, or close relatives raise a collateral appeal on a judgment or ruling that has already taken effect, the people's court shall review and handle it.

Where a collateral appeal is raised by people outside the case who feel that a judgment or ruling that has already taken effect harms their lawful rights and interests, the people's court shall review and handle it.

A lawyer may be retained to conduct collateral appeals.

Article 452:The following materials shall be submitted to the people's court when making a collateral appeal:

(1) Complaint Petition. Shall clearly state the party's basic situation, contact information as well as the facts and reason for the collateral appeal;

(2) the original first and second instance judgment or ruling documents and other such legal documents. Where there has been a review or retrial by the people's courts, the notice of rejection of a collateral appeal, the decision for retrial, the retrial judgment or ruling documents shall be attached;

(3) Other relevant materials. Where a collateral appeal is based on new evidence used to show that the facts verified in the original judgment or ruling were actually in error, the relevant evidence materials shall be attached as well; and those applying for the people's court to collect evidence shall also attach relevant leads or materials.

Where collateral appeals conform to the provisions of the preceding paragraph, the people's courts shall issue a receipt for the collateral appeal materials. Where the collateral appeal does not meet the requirements of the preceding paragraph, the people's court shall notify the complainant to supplement the materials; and where the complainant refuses to supplement necessary materials without legitimate reasons, it will not review.

Article 453:The people's court of final judgment shall review and handle the collateral appeals. However, in cases where second-instance people's courts rule to permit to the withdrawal of an appeal, and a complainant raises a collateral appeal as to the first-instance judgment, the first-instance people's court may review and handle it.

The people's court at the level above may inform the complainant to raise a complaint to the people's court of final judgment where the collateral appeal has not yet been reviewed and handled by the people's court of final judgment, or may directly give it to the people's court of final judgment for review and handling, and notify the complainant; and in difficult, complex, or major cases, it may also directly review and handle the collateral appeal.

Where collateral appeals are directly filed with the people's court at the level above, and have not been reviewed and handled by the people's court of final judgment and the court at the level above that, the court at the level above may inform the complainant to raise it with the court at the level below.

Article 454:The Supreme People's Court or higher-level people's courts may designate people's courts other than the people's court of final judgment to conduct a review of collateral appeals. After its review, the designated people's court shall draft a review report, submit opinions on handling, and report up to the Supreme People's Court or higher-level people's court for review and handling.

Article 455:Collateral appeals in death penalty cases may be directly reviewed and handled by the court originally approving it, or may also be reviewed by the people's court to first try the case. The people's court for the original trial shall draft a review report, submit comments on handling, and report up to the original approving people's court for review and handling.

Article 456:For collateral appeal cases that are filed and reviewed, the people's court may hear the opinions of the parties and the original case-handling units, and may also conduct a verification of the evidence on guilt and sentencing from the original trial and any new evidence. When necessary, evidentiary hearings may be conducted.

Article 457:A decision shall be made within 3 months for collateral appeals that have been filed and reviewed, and must not exceed 6 months at the latest. Where the period of review needs to be extended because the case is difficult, complex, or major, or due to other special circumstances, it may be handled with reference to article 210 of this Interpretation.

Where upon review, there are any of the following circumstances, a decision for new trial shall be made in accordance with Criminal Procedure Law article 253:

(1) There is new evidence showing that the facts verified in the original judgment or ruling were truly in error, which might influence conviction or sentencing determinations;

(2) The evidence on which the verdict and sentencing were based is not credible and sufficient or should be excluded in accordance with law;

(3) There are conflicts between the principal pieces of evidence proving the case facts.

(4) The primary factual basis has been changed or revoked in accordance with law;

(5) There is an error in the crime charged;

(6) The sentence is clearly improper;

(7) There is clear error in the disposition of unlawful gains or other assets involved in the case;

(8) there is a violation of the provisions on retro-activity;

(9) there is a violation of legally-prescribed litigation procedures that could impact the justness of a ruling;

(10) While hearing the case, trial personnel were corrupt or took bribes, acted for personal gain, or abused the law in a capricious and arbitrary manner.

Where the collateral appeal does not have any of the above circumstances the complainant shall be persuaded to withdraw it; and where they still persist in the collateral appeal, they shall be notified in writing that it is rejected.

Article 458:In any of the following circumstances, evidence that might change the facts relied on by the original judgment or ruling in conviction or sentencing shall be held to be 'new evidence' as provided for in article 253 (1) of the Criminal Procedure Law:

(1) evidence newly discovered after the original judgment or ruling takes effect;

(2) Evidence that was discovered before the original judgment or ruling took effect, but that was not collected;

(3) Evidence that was already collected before the original judgment or ruling took effect, but was not debated;

(4) Records such as evaluation opinions, inquest records, or inspection records on which the original judgment was based that have been changed or refuted;

(5) Defendant confessions, witness testimony, and other evidence on which the original judgment or ruling was based that have had a change impacting the verdict or sentencing occur, for which there is a reasonable reason.

Article 459:Where the complainant is unsatisfied by the rejection of a collateral appeal, they may appeal to the people's court at the level above. Where the people's court at the level above, upon review, finds that the collateral appeal does not meet the requirements of article 253 of the Criminal Procedure Law and article 457, paragraph 2 of this interpretation, the complainant shall be persuaded to withdraw the collateral appeal; and where they still persist in the collateral appeal, it shall be rejected or notice given that a new trial is denied.

Article 460:Where presidents of people's courts at any level discover that a judgment or ruling from their court that has already taken effect is truly in error, they shall submit it to the adjudication committee for discussion and a decision of whether to have a retrial.

Article 461:Where the higher-level people's court discovers that the ruling or judgment of a people's court a lower level, which has already taken legal effect, is truly in error, it may order the people's court at the lower level to have a retrial; and it may also bring the case to trial where the original judgment or ruling has errors in the finding of facts or application of law, or where it is a difficult, complex, or major case, or where there are circumstances making it inappropriate for the original people's court to hear the case.

Where higher people's court directs a lower people's court to retry a case, it shall normally direct a people's court other than the people's court for the original trial to hear it; where it is more advantageous to clarifying the facts and correcting mistaken judgments for the people's court for the original trial to hear the case, it may be ordered to hear it.

Article 462:In cases where the people's procuratorate raises a counter- appeal in accordance with the trial supervision procedures, the people's court shall file the case within one month of receiving the petition for counter- appeal. However, in any of the following circumstances, it shall be handled on the basis of differing circumstances:

(1) Cases that are not within that court's jurisdiction shall be returned to the people's procuratorate;

(2) Where the petition for prosecutorial counter-appeal cannot be delivered to the defendant of the original trial who is the subject of the appeal at the address provided in the petition, the people's procuratorate shall be notified to provide a new address for the defendant of the original trial within 3 days; and where it does not do so in time, the case is to be returned to the people's procuratorate.

(3) Where a prosecutorial appeal is raised because of new evidence, but the relevant evidence materials are not attached or the attached evidence isn't directed at facts in the original indictment, the people's procuratorate shall be notified to send supplemental materials within three days; and where they do not send them in time, the case is to returned to the people's procuratorate.

In cases where a prosecutorial counter-appeal is returned and the people's procuratorate, upon having supplemented the relevant materials, again appeals, the people's court shall accept it upon review of confirming it meets requirements to do so.

Article 463:In cases where the people's procuratorate follows trial supervision procedures to raise a prosecutorial counter-appeal, the people's court accepting the appeal shall form a collegial panel for trial. Where the facts of the original judgment are unclear or the evidence insufficient, including where there is new evidence showing that the original judgment might have been in error, and it is necessary to order a lower people's court to hold a retrial, a decision shall be made within one month of filing the case and the decision directing the retrial is to be sent to people's procuratorate raising the prosecutorial counter-appeal.

Article 464:In cases where it is decided to hold a new trial in accordance with the trial supervision procedures, the people's court shall draft a retrial decision document. Enforcement of the original judgment or ruling is not stopped during the period for retrial, but where upon retrial the defendant might be found not guilty or where the original punishment might be reduced on retrial so that the term would now be completed, a decision may be made to suspend the enforcement of the original judgment or ruling, and when necessary, the defendant may be given release on guarantee pending further investigation, or residential surveillance.

Article 465:In cases of new trials in accordance with the trial supervision procedures, the people's court shall conduct trial focussing heavily on the reasons for collateral appeals, prosecutorial counter-appeals, and the retrial decision. When necessary, the facts and evidence verified by the original judgment and its application of law shall be comprehensively reviewed.

Article 466:In cases where the people's court for the original trial holds a new trial in accordance with the trial supervision procedures, it shall form a distinct collegial panel.

Cases that were originally first-instance trials, shall be tried in accordance with the first-instance trial procedures and all judgments or rulings made may be appealed, or subject to prosecutorial counter-appeal; and cases that were originally second-instance cases, or cases brought to trial by a higher-level people's court, shall be tried in accordance with the second-instance trial procedures and all judgments or rulings made are final.

Those conforming to Criminal Procedure Law articles 296 and 297 may be tried in absentia.

Article 467:In cases of new trials in accordance with the trial supervision procedures, where during trial in accordance with the first-instance trial procedures, the people's court discovers that defendant from the original trial also committed other crimes, they normally shall be combined for trial, but where it is more appropriate to separate the trials, they may be separated.

Article 468:In re-trial cases heard in court, where the decision for retrial or the petition for prosecutorial counter-appeal only addresses some of the original defendants, and it will not impact the trial for the other defendants in the case to not appear in court, they need not appear in court to participate in the litigation.

Article 469:Except for in counter-appeals by the people's procuratorate, retrials normally must not increase a defendant's punishment from the original trial. Where the decision for retrial or prosecutorial counter-appeal petition only addresses some of the original defendants, the punishments of other defendants in the same case must not be increased.

Article 470:Where people's courts are retrying cases in which the people's procuratorate has raised a counter-appeal, and the people's procuratorate withdraws the counter-appeal before court is called to sessions, this shall be ruled permissible; but where after having received notification to appear in court the people's procuratorate does not appoint someone to appear and does not explain the reason, a ruling may be made that the prosecutorial appeal is withdrawn, and the litigation participants are to be notified.

Where people's courts are retrying cases where a complainant has raised a collateral appeal, and the complainant withdraws the collateral appeal during the retrial, a ruling may be made to allow it; but where it is found that the original trial was truly in error, it shall not be allowed, and the retrial shall continue being heard. Where upon having been notified in accordance with law, the complainant refuses to appear in court without a legitimate reason, or leaves court during the proceedings without the permission of the court, a ruling may be made that the collateral appeal is withdrawn, unless the complainant was not a party to the original trial.

Article 471:Where retrial cases where the people's courts made the decision for retrial are being heard in court, the members of the collegial panel are to read out the decision for retrial; where the people's procuratorate raised a counter-appeal, the procurators are to read out the counter-appeal; and where a complainant raised a collateral appeal, the complainant or their defenders or agents ad litem are to state the grounds for the collateral appeal.

Article 472:Following new trial, retrial cases shall be handled according to the following distinct situations:

(1) A ruling shall be made to reject the collateral appeal or prosecutorial counter-appeal, and to maintain the original judgment or ruling where the facts found and the law applied in the original judgment are correct, and the sentence is proper.

(2) A ruling shall be made to make corrections and maintain the original judgment or ruling where the original judgment or ruling's verdict was correct and the sentencing was proper, but there were flaws in the finding of facts, application of law, or other such areas;

(3) The original judgment or ruling shall be revoked and the judgment changed in accordance with law where the facts verified by the original judgment or ruling were not in error, but there was error in the application of law, or the sentence is improper.

(4) In cases tried following the second instance procedures where the facts in the original judgment or ruling were unclear or the evidence was insufficient, the judgment may be changed after clarifying the facts, or it may also be ruled to revoke the original judgment and remand to the original people's court for a new trial.

Where the facts in the original judgment or ruling were unclear or the evidence insufficient, but they have been clarified through trial, a judgment shall be made based on the clarified facts; but where the facts can still not be clarrified or the evidence is insufficient and it cannot be determined that the defendant is guilty, the original judgment or ruling shall be revoked and the defendant shall be pronounced not-guilty.

Article 473:Where there are errors in the defendants' names or other identification information in the original judgment, but the finding of facts and application of law were correct and the sentence is proper, the people's court that made the effective judgment or ruling may make a ruling to correct the relevant information.

Article 474:Following a change of judgment at retrial to not guilty, when the people's court announces the judgment, it shall inform parties who enjoy the right to apply for state compensation that they may apply for state compensation after the judgment takes legal force.

  Chapter XX: Trial of Criminal Cases Involving Foreign Interests and Criminal Justice Assistance

  Section 1: Trial of Criminal Cases Involving Foreign Interests

Article 475:Cases involving foreign interests as used in this interpretation refers to:

(1) Cases where foreigners commit a crime, or where Chinese citizens commit crimes against foreign states or foreigners, within the territory of the Peoples' Republic of China;

(2) Cases where a Chinese citizen has committed a crime outstide of the territory of the PRC that meets the requirements of the situations provided in articles 7 and 10 of the Criminal Law,

(3) Cases where a foreigner commits a crime that meets the requirements of the situations provided in articles 8 or 10 of the Criminal Law;

(4) Cases over which the PRC exercises jurisdiction in accordance with international treaty obligations that it has undertaken, that meet the requirements of the circumstances provided in article 9 of the Criminal Law.

Article 476:Except as provided by articles 21-23 of the Criminal Procedure Law, the basic level people's courts have jurisdiction of the first-instance trial of criminal cases involving foreign interests. When necessary, the intermediate people's courts may designate several basic-level people's courts within its jurisdiction for centralized jurisdiction over a first-instance criminal case involving foreign interests, and may also follow the provisions of article 24 of the Criminal Procedure Law to try a first-instance criminal case involving foreign interests over which the basic-level people's courts have jurisdiction.

Article 477:The nationality of foreigners is determined based on the effective documents they used at the time they entered the county; and where nationality is unclear, it is to be determined based on proofs presented by the public security organs and relevant nations' embassies or consulates in China.

Where nationality cannot be clarified, they shall be treated as stateless, the relevant provisions of this chapter are to be applied, and 'nationality unclear' is to be written in the judgment documents.

Article 478 :In the course of criminal proceedings, foreign national parties enjoy all the procedural rights provided in the nation's laws and bear all the corresponding obligations.

Article 479:During the period for trying a criminal case involving foreign interests, the people's court shall promptly report the following matters to the foreign affairs departments of the people's government at the same level and also notify the relevant nations' embassies or consulates as provided:

(1) circumstances of a people's court decision to employ compulsory measures against a foreign national defendant, including the foreign national party's full name (including their translated name), sex, time of entry, passport or identity document number, the compulsory measures employed and their legal basis, the location of detention, and so forth;

(2) The time and place where proceedings will be held, and items such as whether or not the trial will be public;

(3) The time and place of the judgment announcement.

After announcing the judgment in a case involving foreign interests, the result shall be promptly circulated to the department in charge of foreign affairs for the people's government at the same level.

Where foreign national defendants are to be executed, the embassy or consulate for the country of their nationality shall be notified after the judgment comes down and before he is executed.

Where foreign national defendants die during trial, it shall be promptly reported to the department in charge of foreign affairs for the people's government at the same level, and the relevant embassy or consulate shall be notified.

Article 480:Matters for which the relevant embassies or consulates must be notified shall be reported up to a high people's court and the high people's court will give the notification in accordance with the following rules:

(1) Where the country of foreign national parties' nationality and China have signed a bilateral consular agreement, it is to be handled on the basis of the treaty; where a bilateral consular agreement has not been signed with China but the country is a participant in the Vienna Convention on Consular Relations, handle it in accordance with the Convention; where a bilateral consular agreement has not been signed with China, nor is the country a participant in the Vienna Convention on Consular Relations, but it has diplomatic relations with China, notice may be handled on the basis of the opinions of the department in charge of foreign affairs, the principle of reciprocity, relevant provisions, and international practice;

(2) Notify the relevant foreign consulate for the region for crimes involving foreign interests that occur within a foreign consulate region; where crimes involving foreign interests occur outside the area of foreign consulates, notify the relevant embassy to China; and for countries that have diplomatic relations with China but have not yet established an embassy or consulate, the embassy or consulate of a nation serving as its proxy may be notified; where there is no proxy nation or it is unclear what nation is a proxy, the notification may be waived.

(3) Where a bilateral consular treaty provides a time limit for notification, notification shall be made within that time limit; where there are no such provisions, notification shall be made as quickly as possible in accordance with the Vienna Convention on Consular Relations and international practice, and not exceed 7 days.

(4) Where a bilateral consular agreement has no provisions requiring notice, and the foreign national party requests that the embassy or consulate for his state of nationality not be notified, the notification may be waived, but he shall personally provide a written explanation.

When high people's courts notify foreign embassies or consulates in china of relevant matters, they may request assistance from the people's government department in charge of foreign affairs when necessary.

Article 481:After a people's court accepts a case involving foreign interests, it shall inform the foreign national defendants in custody that they have the right to contact the embassy or consulate of their state of nationality, to meet or communicate with their guardians or close relatives, and to request that the people's court provide translations.

Article 482:Where during the trial period for criminal cases involving foreign interests, embassy or consular officials from a detained defendant's state of nationality request to visit them, the request may be made to the high people's court for the region where the people's courts have accepted the case. The people's courts shall make arrangements in accordance with the provisions and time limits provided in the bilateral consulate treaty between China and the defendant's state of nationality; where there are no such provisions, it shall be arranged as quickly as possible. When necessary, assistance may be requested from people's governments' departments in charge of foreign affairs

Where during the period for trial of a criminal case involving foreign interests, the guardians or close relatives of a foreign national defendant request to visit them, the request may be submitted to the high people's court for the region in which the people's courts have accepted the case, and proof of the relationship with the defendant is to be provided in accordance with article 466 of this interpretation. Where, upon review, the people's court finds that it will not obstruct the case trial, it may be approved.

Where defendants refuse to accept a visit or meeting, they shall make a written declaration themselves. Where they refuse to issue a written declaration, this shall be recorded in the case file, and when necessary, an audio or visual recording may be made.

Visits and meetings with the defendant shall comply with the legal provisions of China.

Article 483:People's courts hearing criminal cases involving foreign interests shall try them publicly with the exception of those that shall not be tried publicly in accordance with law.

In criminal cases involving foreign interests that are tried publicly, where the embassy or consulate of a foreign national party's country of nationality requests to observe, an application may be sent to the high people's court for the area in which the people's court accepting the case is located, and the people's court shall make arrangements.

Article 484:People's courts trying criminal cases involving foreign interests, which use the common spoken and written language of the PRC, shall provide translation for foreign national parties. Translators shall sign translated texts.

The people's courts' litigation instruments are to be Chinese versions. Where foreign national parties do not understand Chinese, a foreign language version shall be attached, but the translation shall not bear the seal of the people's court, and the Chinese version is controlling.

Where foreign national parties understand Chinese language and writing and refuse to have others translate or don't require a foreign language version of litigation documents, they shall personally attest to this in writing. Where they refuse to issue a written declaration, this shall be recorded in the case file, and when necessary, an audio or visual recording may be made.

Article 485:Where foreign national defendants retain a lawyer for their defense or foreign nationals who are plaintiffs in attached civil litigation or private prosecutors retain a lawyer to represent them in the litigation, they shall retain a lawyer that possesses lawyer's credentials in the PRC and has lawfully obtained a practice license.

Where foreign national defendants are detained, their guardians, close family members, or the embassy or consulate of their country to China may retain a defender on their behalf. Where guardians or close family members retain someone on their behalf, they shall provide effective proof of their relationship with the defendant.

Where foreign national parties retain their guardian or close family members to be their defender or agent ad litem, the person so retained shall provide effective proof of their relationship with the party. After review, the people's court shall approve those that meet the requirements of the Criminal Procedure Law and relevant judicial interpretations.

Where a foreign national defendant has not retained a defender, the people's court may inform a legal aid organization to appoint a lawyer for their defense. Where the defendant refuses the defense from the defender, they shall issue a written statement or their oral statement shall be recorded in the case; and when necessary an audio or visual recording shall be made. Where the defendant is one in a situation where legal aid shall be provided, it is to be handled in accordance with article 50 of this interpretation.

Article 486:Foreign national parties that retain a Chinese lawyer or citizen from outside the territory of the PRC, as well as the guardians or close family members of foreign national parties that provide proofs of their relationship with the party, must have the proofs notarized in the country where they are located, and have the central department in charge of foreign affairs for that country, or an authorized organ, verify it, or shall perform the formalities for proofs provided for in treaties signed between the PRC and the relevant countries, except where China and that country have agreed to mutually waive proof requirements.

Article 487:It may be decided to restrict defendants in cases involving foreign interest from leaving the country; and witnesses who need to appear in court in cases being tried in-court may be requested to temporarily suspend their departure from the country. Where foreigners exit is restricted, the department in charge of foreign affairs for people's governments at the same level and the embassy or consulate for the parties' nationality shall be informed.

People's courts deciding to limit foreigners or Chinese citizens' departure from the country shall notify them in writing that they have been restricted from leaving the country before the trial is concluded, and may employ means for limiting their departures, such as taking their passport or other entry/exit documents; and where taking identification documents, necessary procedures shall be completed and the proof of document confiscation shall be given to the individuals.

Where is necessary to employ border control measures against foreigners or Chinese citizens at ports of entry, the people's court accepting the case shall draft a written notification of border control subjects in accordance with provisions, attach the relevant legal documents, and report up to the High People's Court to handle formalities for transportation controls. In emergency situations where it is necessary to employ temporary border control measures, the people's court accepting the case may have the entry and exit border inspection organ for the port of entry employ the transportation controls in advance, but shall report up to the High People's Court to handle the formalities within 7 days.

Article 488:Where criminal cases involving foreign interests conform with article 208, paragraph one, or article 243 of the Criminal Procedure Law, the period of the trial may be extended upon approval or decision of the relevant people's court.

Article 489:Where the embassy or consulate of a foreign national party's country of nationality requests to be provided with the judgment documents after a judgment is announced in a criminal case involving foreign interests, the request may be submitted to the high people's court for the area of the people's court that has accepted the case, and the people's court may provide the judgment.

Article 490:Other matters arising during the course of trial in cases involving foreign interests are to be handled in accordance with laws, judicial interpretations, and other relevant regulations.

  Section 2: Criminal Justice Assistance

Article 491:Requests for and the provision of judicial assistance shall be conducted in accordance with the PRC Law on International Criminal Justice Assistance, treaties concluded between China and relevant countries or regions on criminal justice assistance, and treaties on the transfer of convicted persons, and relevant laws.

Matters regarding requests for assistance, such as the organs that are to sign, the language to be used for the request document and all attached materials, and the relevant handling times and specific procedures may be handled in accordance with the provisions of the criminal justice assistance treaties or as agreed upon by both parties, as long as the basic principles of the laws of the PRC are not violated.

Article 492:Where the matters on which foreign courts have requested judicial assistance harm the sovereignty, security, or public interest of the PRC or violate the basic principles of the laws of the PRC, the people's courts are not to grant assistance; and where they are within the circumstances in which laws provide that criminal justice assistance may be refused, it is allowed to not grant it.

Article 493:Where people's courts request that foreign courts provide judicial assistance, they shall report up to the Supreme People's Court, and after review and approval by the Supreme People's Court, the request is to be given to the relevant foreign relations organs to be promptly submitted to the foreign nation.

Where foreign courts request that China provide judicial assistance and the relevant foreign affairs organs find that it is within the scope of the people's court's authority, then after review and approval by the Supreme People's Court's it shall be transferred to be handled by the people's courts.

Article 494:The people's courts' documents requesting judicial assistance from foreign countries shall be submitted in accordance with criminal justice assistance treaties; and where there are no treaties or the treaties are silent, they shall indicate the information and attach the relevant materials as provided for in relevant legal provisions. The request documents and all attached materials shall be drafted in Chinese, and a translation in the official language of the receiving nation is to be attached.

Foreign courts' documents requesting judicial assistance from China's court shall be submitted in accordance with criminal justice assistance treaties, and where there are no treaties or the treaties are silent, they shall indicate the information and attach the relevant materials as provided for in relevant provisions of China's laws. The request documents and all attached materials shall have a Chinese translation attached.

Article 495:People's courts' service of criminal litigation documents to parties residing outside the territory of the People's Republic of China may be done by the following means:

(1) Service by methods provided for in international treaties concluded between the PRC and the country where the recipient is, or to which both countries participate;

(2) service through diplomatic channels;

(3) For parties who are Chinese nationals, the Chinese embassy or consulate in the country where the recipient is located may be entrusted to make the delivery where local laws allow or where that nation consents;

(4) Where a party is a private prosecutor or is the plaintiff in attached civil litigation, service may be made upon an agent ad litem authorized to accept service on their behalf;

(5) Where a party is a foreign unit, service may be made to its representative offices or branch or business agent established within the territory of the PRC that is authorized to receive service.

(6) Where the country in which the recipient is located permits it, service may be by mail, and where no certificate of receipt is returned after 3 months from the date of mailing, but delivery can be verified through other means, it will be viewed as served.

(7) Where the country in which the recipient is located permits it, service may be by methods such as fax or email that can confirm that the recipient received it.

Article 496:Where people's courts go through diplomatic channels to serve criminal litigation documents on recipients outside the territory of the PRC, the documents being served shall be reported to the Supreme People's Court after review by a high people's court. Where the Supreme People's Court finds that they may be sent, the Supreme People's Court is to give them to the principal diplomatic department for transmission.

Where foreign courts go through diplomatic channels to request that people's courts serve criminal litigation documents, that county's embassy or consulate in China is to send the legal documents to the principal diplomatic department to be transfered to the Supreme People's Court. Where, after review, the Supreme People's Court finds that it is within the scope of the people's courts' authority and that the courts may stand in to make service, the matter shall be transferred to be handled by the relevant people's court.

  Chapter XXI: Enforcement Procedures

  Section 1: Enforcement of the Death Penalty

Article 497:Convicts given suspended death sentences that commit a crime during the suspension period shall be tried by the intermediate people's court for the place where the convict is serving their sentence in accordance with law, and the resulting judgment may be appealed or subject to prosecutorial appeal.

Where it is found that an intentional crime has been committed, that the circumstances were vile, and the death penalty shall be enforced, after the judgment takes effect, it shall be reported up to the Supreme People's Court for review and approval of the implementation of the death penalty.

Where there is an intentional crime but the death penalty is not carried out, it is not to be reported to the Supreme People's Court for review and approval, and the period of suspension for the death sentence is to be newly calculated and reported up to the Supreme People's Court for the record. The recording does not impact the efficacy and enforcement of the judgment or ruling.

Where the Supreme People's Court finds upon recording and review that it was error for the original judgment to not carry out the death sentence, and it is truly necessary to change the judgment, it shall make the correction in accordance with the trial supervision procedures.

Article 498:The period during which the death sentence is suspended is calculated from the day on which the legal documents on the judgment or ruling are announced or served.

When the period for suspending the death penalty is complete and it shall be commuted in accordance with law, the people's court shall promptly commute it. When the period for suspending the death penalty is complete and it is commuted to life imprisonment or a term of years, the sentence is calculated from the day on which the suspension of the death sentence was completed.

Article 499: Orders from the Supreme People's Court to carry out the death penalty are to be given by the High People's Courts to the first-instance trial courts for enforcement. After the first-instance trial court receives the order to enforce the death penalty, it shall enforce it within seven days.

Where the Supreme People's Court approves enforcement of the death penalty after an intentional crime during the period for which a death sentence was suspended, the intermediate people's court for the area where the convict is serving his sentence shall enforce it.

Article 500: Where after a lower-level people's court receives an order to carry out the death penalty, but before it does so, it discovers any of the following situations, it shall stop the implementation and immediately request a stay of the death penalty from the Supreme People's Court and report the relevant materials:

(1) The criminal might have committed other crimes;

(2) Another suspect has been brought into a joint crime case that might influence sentencing;

(3) Another criminal in a joint crime has had the death penalty suspended or stopped, which might influence the criminal's sentencing;

(4) The convict reveals significant facts of a crime or makes other meritorious contributions that might require a change in judgment;

(5) The convict is pregnant;

(6) The judgment or ruling has other mistakes that might impact the verdict or sentencing.

Where, upon review, the Supreme People's Court finds that it might impact the verdict or sentencing, it shall rule to stop the enforcement of the death penalty, but where it finds there is no impact, it shall decide to continue the enforcement of the death penalty.

Article 501: Where any circumstance in the first paragraph of this article is discovered after the Supreme People's Court's order to enforce the death penalty is issued but before enforcement, a ruling shall be made to immediately stop the enforcement, and the relevant materials transferred to a lower-level people's court.

Article 502: After the people's court below receives the Supreme People's Court's ruling to stop the enforcement of the death penalty, it shall work together with the relevant departments to investigate and verify the matter behind stopping the death penalty and promptly send the results of the investigation and an opinion to the Supreme People's Court for review.

Article 503:The collegial panel of the Supreme People's Court that made the original judgment or ruling on review and approval of the death penalty is responsible for reviewing the investigation results and opinions sent by lower courts on stopping the death penalty, but, when necessary, a separate collegial panel shall be formed to conduct the review.

Article 504:Cases where the death penalty has been stopped shall be handled by the Supreme People's Court in accordance with the following distinct circumstances:

(1) where it is confirmed that the convict is pregnant, the judgment shall be changed;

(2) where it is confirmed that the convict has other crimes that shall be prosecuted in accordance with law, a ruling shall be made that the death penalty is not approved and the original judgment is to be withdrawn to be remanded for a new trial;

(3) Where the original judgment must be changed because it has been confirmed that the original judgment or ruling was in error or that the convict made a major meritorious contribution, a ruling shall be made that the death penalty is not approved and the original judgment is to be withdrawn and returned for a new trial;

(4) Where it is confirmed that the original judgment or ruling was not in error, that the convict did not make a major meritorious contribution or that his major meritorious contribution does not impact the original judgment or ruling's enforcement, a ruling shall be made to continue carrying out the death penalty and the court president will newly sign and issue an order to enforce the death sentence.

Article 505:Before the first-instance people's court carries out a death sentence, the convicts shall be informed that they have the right to meet with their close relatives. Where convicts apply for a meeting and provide specific contact methods, the people's courts shall notify their close relatives. Where there is truly no way to contact the convicts' close family, or their family refuses to meet with them, the convicts shall be informed. Where convicts apply to leave a last testament by means such as audio or visual recording, the people's courts may permit it.

Where convicts' close relatives apply for a meeting, the people's courts shall permit it and promptly arrange the meeting, except where the convict refuses to meet. Convicts' refusals of meetings shall be recorded in the case file and their relatives shall be promptly informed, when necessary, an audio or visual recording shall be made.

Where convicts apply to meet with family and friends other than close family, and upon review the people's courts find there is truly a legitimate reason, they is to be permitted it so long as safety is ensured.

Where convicts apply to meet with their minor children, it shall be upon the consent of the minor children's guardian; and where the meeting might impact the minors physical and psychological health, the people's courts may arrange the meeting to be through video calls, and the guardians shall be present during the meeting.

Meetings are usually conducted in the detention facility where the convict is confined.

Circumstances of meetings shall be recorded in the case file and archived with the file.

Article 506:Three days before carrying out the death penalty, the first-instance people's court shall notify the people's procuratorate at the same level to appoint someone for on-site supervision.

Article 507:The death penalty shall be carried out by shooting or lethal injection.

Where lethal injection is used to carry out the death penalty, it shall be carried out in a designated place or in the detention facility.

Use of methods other than shooting or lethal injection to carry out the death penalty shall be reported to the Supreme People's Court for prior approval.

Article 508: Before the death penalty is carried out, the trial personnel directing the enforcement shall identify themselves to the convict, ask if there are any last words or letters, and create a record; then have the execution performed.

Executions shall be publicly announced, but behavior such as public processions and other conduct insulting to the prisoner are prohibited.

Article 509:After the death penalty is enforced, a forensic doctor shall confirm that the criminal is truly dead, and the clerk at the scene shall make a record. The people's court responsible for the execution shall report the circumstances of enforcement to the Supreme People's Court within 15 days of the execution, including photographs from before and after the execution.

Article 510:After the execution the people's court responsible for the execution shall handle the following matters:

(1) the convict's will and testament shall be promptly reviewed, and where there are contents involving the inheritance of property, debt redemption, resolution of family affairs, or other such matters, the will or testament is to be given to the family, and a copy attached to the case file for future reference; where it involves upon case leads or other issues, a copy is to be sent to the relevant organs;

(2) notify the convict's family to retrieve their ashes within the time allowed; where there is no capacity for cremation or it has been announced not to cremate due to religion, ethnicity or other such reason, they shall be notified to retrieve the corpse; where the period ends without retrieval, the people's court is to notify the relevant unit to handle it and request that the unit present an explanation of the disposition; the circumstances of the disposition of the convict's ashes or corpse shall be noted in the case;

(3) After the execution of a foreign national, notification of the foreign embassy or consulate in the PRC shall be carried out according to the procedures and timing in the relevant provisions.

  Section 2: Issue and Enforcement of Suspended Death Sentences, Life Sentences, Fixed Term Prison Sentences, and Short Term Detention.

Article 511:Where convicts are sentenced to a suspended death sentence, life sentence, term of years, or short-term detention, the first-instance trial court shall deliver the judgment or ruling, a copy of the indictment or private prosecution complaint, the enforcement notice, and the case closure registration form to the public security organs, prison, or other place of enforcement within 10 days of the judgment or ruling taking effect.

Article 512:Where some of the defendants in cases tried together are sentenced to death, the defendants that have not been sentenced to death shall be transferred for enforcement on the basis of the provisions above. However, where a defendant participated in the crimes for which the death penalty was given, they shall be transferred for enforcement after the interrogation of those defendants given death sentences during review.

Article 513:After the detention center has affixed its seal to the receipt for the enforcement notification, it shall be attached to the file for future reference.

Article 514:Where before convicts are transferred to serve their sentence, they submit an application to temporarily serve their sentence outside of prison in accordance with law, for reasons such as serious illness, pregnancy, nursing one's own child, or lacking ability to care for oneself, the people's court is responsible for organizing and conducting the diagnosis of illness, pregnancy testing, or evaluation of capacity to care for oneself.

Article 515:Where convicts sentenced to life imprisonment, a term of years or short-term detention meet the requirements of paragraphs 1 and 2 of article 265 of the Criminal Procedure Law, and a people's court decides to grant temporary enforcement outside of prison, it shall draft a written decision to temporarily enforce outside of prison that clearly states the convict's basic circumstances, the crimes and punishments determined in the judgment, the reasons and basis for deciding to enforce outside of prison and other such information.

Before the people's court makes a decision for temporary service of sentence outside of prison, it shall solicit the opinions of the people's procuratorate.

Where the people's procuratorate finds that a people's court's decision for temporary enforcement outside of prison is improper and submits a written comment within the legally-prescribed time period, the people's court shall immediately review the decision de novo and issue a decision within 1 month.

Community corrections is to be carried out in accordance with law for convicts temporarily serving their sentence outside of prison applying the relevant provisions of article 519 of this Interpretation.

Where people's courts decide on temporary service of sentence outside of prison, the convicts are to be transferred to the community corrections establishment by the detention center or the public security organs enforcing release on guarantee or residential surveillance, within ten days of receiving the decision.

Article 516:After people's courts receive a community corrections establishment's recommendation that a sentence be served in custody, and upon review it is confirmed that the convicts temporarily serving sentences outside of prison have any of the following circumstances, a decision shall be made to take them into custody to serve their sentence:

(1) doesn't meet the requirements for temporary enforcement outside of prison;

(2) Left the city or county of residence without permission, refuses to make reforms following warnings, or refuses to report his whereabouts or eludes oversight;

(3) was given a public security administrative punishment for violating oversight and management provisions, but still did not make corrections;

(4) Receives two warnings from the enforcement organ but still doesn't make corrections;

(5) do not follow the rules to submit a re-examination of their symptoms while released for medical treatment, and refuse to make corrections after being warned;

(6) The conditions for temporary enforcement outside of prison have disappeared, but the punishment term is not yet complete;

(7) A guarantor has lost the requirements for guaranteeing or has been stripped of their qualifications to serve as a guarantor because of a failure to perform their obligations, and a new guarantor cannot be provided within the period provided;

(8) other violations of laws, administrative regulations, or oversight and management provisions where the circumstances are serious.

Article 517:People's courts shall make a decision within 30 days of receiving a recommendation from the community corrections establishments on taking someone into custody to serve their sentence. Decisions to take someone into custody to serve their sentence take effect upon their issue.

The people's courts shall send the decision to take someone into custody to serve their sentence to the community corrections establishments and public security organs, and send a copy to the people's procuratorate, the public security organs are to transfer the prisoner for enforcement.

Article 518:Where the convict being sent to prison has circumstances for which time should not be calculated into the sentence, the people's court shall determine the specific amount of time not counted towards the sentence when making the decision to return them to prison.

  Section 3: Transfer to and Enforcement of Controlled Release, Suspended Sentences, and Deprivation of Political Rights

Article 519:The people's courts shall confirm the place of enforcement for community corrections for convicts sentenced to controlled release or given a suspended sentence. Where the place for enforcing community corrections is the convicts' residence, and the convict resides at several locations, their habitual residence may be confirmed as the place of enforcement; and where it isn't possible to determine the convicts' residence or habitual residence, or they aren't suitable for enforcing community corrections, a location for enforcement shall be determined on the basis of the principles of benefiting the convicts' receipt of community corrections and better integrating with society.

When the judgment is announced, convicts shall be informed to report to the community corrections establishment within 10 days of the judgment or ruling taking effect, and of the consequences for a failure to arrive on time.

Within 5 days of a judgment or ruling taking effect, the people's courts shall notify the enforcing community corrections establishments, and send the judgment or ruling documents, the notification of enforcement, and other legal documents to the community corrections establishments within 10 days, simultaneously sending copies to the people's procuratorate and public security organs. Where the people's court and the place of implementation are not in the same area, the community corrections establishments for the place of enforcement are to send the legal documents to the people's procuratorates and public security organs for that area.

Article 520:For convicts who are only sentenced to deprivation of political rights, the people's court shall send the judgment or ruling documents, the enforcement notice, and other legal documents to the county-level public security organs at the convict's place of residence within 10 days of the judgment or ruling taking effect, and also send a copy to the county-level people's procuratorate for the convicts' place residence.

  Section 4: Enforcement of the Portion of Criminal Judgments Involving Property and Judgments in Attached Civil Litigation

Article 521:The 'enforcement of the property portion of criminal judgments' as used in these Provisions refers to the enforcement of the following items determined in the main text of a criminal judgment:

(1) fines, confiscation of property;

(2) Recovery, or ordering restitution of unlawful gains;

(3) disposition of ill-gotten money and goods transferred with the case;

(4) confiscation of personal property used in the crime that is transferred with the case;

(5) other matters regarding property involved in a case that shall be enforced by the people's courts.

Article 522:the property portion of criminal judgments and attached civil judgments shall be enforced by the bodies of first-instance trial courts responsible for enforcement of judgments.

Article 523:Fines are to paid as lump sums or in installments during the prescribed time period. Where a fine has not been paid when the period is complete without cause or the full amount has not been paid over, the people's court shall compel payment. Where complete payment can still not be made after compulsion, and it is discovered at any time, including after completion of the principal sentence, that the person subject to enforcement has assets that might be used for enforcement, they shall be recovered.

Where an administrative organ has already fined the defendant for the same factual situation, the people's court shall reduce or deduct the amount of any fine it levies by the portion already enforced by the administrative punishment.

Article 524:Where as a result of a disaster beyond one's control or other such reasons, repayment of a fine is truly difficult, and the person subject to enforcement applies to have the amount reduced or excused, relevant evidence materials shall be submitted. The people's courts shall make a ruling within one month of receiving the application. Where the legally-prescribed requirements are met, it shall be allowed, where they are not met, the application is to be rejected.

Article 525:Where the judgment is for the confiscation of property, it shall be enforced immediately upon the judgment taking effect.

Article 526:Enforcement of punishments against property shall reserve the necessary funds for the person subject to enforcement and family they support, with reference to the previous year's local minimum living standards released by the government at the site of the person being supported's residence.

Article 527:Persons subject to enforcement who are simultaneously sentenced to punishments against property and also have a responsibility to pay compensation in attached civil litigation shall first fulfill their obligation to make civil compensation.

Article 528:During the process of enforcing the property portion of criminal judgments and attached civil judgment, where the parties or stakeholders find that the enforcement violates provisions of law, or where persons outside the case submit written objections to the targets of enforcement, the people's courts shall handle it in accordance with the relevant provisions of the Civil Procedure Law.

Article 529:If any of the following circumstances are present during the enforcement of the property portion of criminal judgments or attached civil judgments, the people's court shall make a ruling to conclude the enforcement:

(1) The judgment or ruling on which the enforcement is based is revoked;

(2) The person against whom the penalty is being enforced has died or been put to death, and moreover, and there is no property against which to enforce;

(3) A unit subject to a fine has been terminated and has no property available for enforcement;

(4) One is excused from fines in accordance with article 53 of the Criminal Law;

(5) other circumstances where enforcement should be concluded.

Where it is discovered after a decision to terminate enfocement that the person subject to enforcement has concealed, transferred, or otherwise disposed of assets, they shall be recovered.

Article 530:Where the property subject to enforcement is in another area, the first-instance trial court may entrust the enforcement to a people's court of the same level at the location of the property.

Article 531:Where the property portion of criminal judgments or attached civil judgments are revoked in full or in part, the property that has already been enforced against shall be returned in full or in part to the person subject to enforcement; and where there is no way to return it, they shall be compensated in accordance with law.

Article 532:Where the Criminal Procedure Law and judicial interpretations on criminal matters are silent as to the enforcement of the property portion of criminal judgments and attached civil judgments, the relevant provisions for civil enforcement are to be applied by reference.

  Section 5: Trial of Commutation or Parole Cases.

Article 533:Where convicts sentenced to a suspended death sentence do not commit an intentional crime during the period of suspension, a commutation ruling shall be made when the period for suspension is completed; where after the period of suspension is complete, but before the commutation ruling is made, the convict commits another crime, the new crime shall be tried separately after commutation is done in accordance with law.

Article 534:Commutation and parole cases shall be handled according to the following distinct circumstances:

(1) For commutation for criminals sentenced to a suspended death sentence, the high court for the place where the criminal is serving their sentence will make a ruling within one month of receiving a written commutation recommendation upon review and consent from the prison management organs;

(2) For commutation and parole of criminals sentenced to life imprisonment, the high court for the place where the criminal is serving their sentence will make a ruling within one month of receiving a written commutation or parole recommendation upon review and consent from the prison management organs; and where the case circumstances are complicated or there are special circumstances, this may be extended one month;

(3) For commutation and parole of criminals sentenced to fixed-term imprisonment or who have been commuted to fixed-term imprisonment, the intermediate court for the place where the criminal is serving their sentence will make a ruling within one month of receiving a written commutation or parole recommendation from the enforcement organs; and where the case circumstances are complicated or there are special circumstances, this may be extended one month;

(4) For commutation of criminals sentenced to controlled release or short-term detention, the intermediate court for the place where the criminal is serving their sentence will make a ruling within one month of receiving a written commutation recommendation upon review and consent from the enforcement organ.

For the commutation of community corrections subjects, a ruling is to be made by a people's court at the intermediate level or higher for the place where community corrections is being enforced within 30 days of receiving a commutation recommendation from the community corrections establishments.

Article 535:Where accepting cases of commutation or parole, the materials delivered by the enforcement organ shall be reviewed for the following:

(1) Recomendations for commutation or parole

(2) Copies of the original ruling from the court of final judgment, the notice of enforcement, and previous commutation orders;

(3) Written materials showing specific facts that demonstrate that the convict has truly repented or made a meritorious contribution or major meritorious contribution.

(4) the convict's assessment and evaluation forms and records of any rewards and punishments they received.;

(5) An investigation and assessment report on the impact on the community following the convict's parole.

(6) The enforcement and performance on the property portion of criminal judgments and attached civil judgments;

(7) Other materials that need to be transferred based on the circumstances of the case.

Where people's procuratorates submit comments on a case of commutation or parole, the enforcement organs shall send them to the people's court accepting the commutation or parole case.

Upon review, where the materials are incomplete, the organ enforcing the commutation or parole shall be notified to supplement them within 3 days, and where they do supplement them in time, the case is not to be filed.

Article 536:In hearing commutation or parole cases, where the convict has actively performed obligations set forth in the property portion of criminal judgments or attached civil judgment, it may be found to be an expression of remorse, and leniency given in commutation or parole; where it is confirmed that they have the ability to perform but do not do so, or do not fully do so, commutation or parole shall be strictly construed.

Article 537:In hearing commutation or parole case, the following matters shall be publicized within 5 days after filing the case:

(1) the offender's name, age and other basic personal circumstances;

(2) the original crimes found and the length of sentence;

(3) previous circumstances of the convict receiving commutations;

(4) The recommendations of the enforcement organ on commutation or parole and their basis.

The public notice shall clearly state the time period and method for submitting comments.

Article 538:A collegial panel shall be formed for hearing cases of commutation or parole; a written trial method may be adopted, but in the following circumstances in-court proceedings shall be held:

(1) where the convict has made a major meritorious contribution and requests commutation;

(2) Where the start time or interval between commutations, or the scope of commutation, do not conform to ordinary regulations;

(3) Where the criminal submitted for commutation or parole perpetrated a crime abusing public office, organized (led, participated in, harbored, abetted) an underworld criminal organization, committed a crime undermining the order of financial management, or financial fraud;

(4) Where there is a major social impact or social interest is high;

(5) Where differing opinions are received during the announcement period;

(4) Where the people's procuratorate has objections;

(7) Other cases where in-court proceedings must be held.

Article 539:After the people's court makes a decision on commutation or parole, it shall deliver it to the enforcement organs submitting the commutation or parole request, to the people's procuratorate of the same level, and to the convict themselves. Where the people's procuratorate finds that a commutation or parole judgment was improper and raises a written correction opinion within the legally-prescribed time period, the people's court shall separately form a collegial panel after receiving the opinion and make a judgment with one month.

Community corrections is to be carried out in accordance with law for paroled convicts applying the relevant provisions of article 519 of this Interpretation.

Article 540:Where the enforcement organ submits a written proposal to revoke the commutation or parole recommendation before a ruling has been made on the commutation or parole, the people's court may decide whether or not to allow it.

Article 541:Where a people's court discovers that a commutation or parole ruling from that court, which has already taken effect, was truly in error, it shall separately form a collegial panel for trial; where discovering that a commutation or parole ruling from a lower people's court was truly in error, it may order the lower people's court to form a collegial panel for trial, or may organize a collegial panel for trial itself.

  Section 6: Revocation of Suspended Sentences or Parole

Article 542:Where during the probationary period of a suspended sentence or parole a convict commits a new crime or it is discovered that they had committed other crimes before judgment was announced that were not tried, the suspended sentence or parole shall be revoked and the people's court hearing the new crime will revoke the original judgment or ruling that announced the suspended sentence or parole, and notify the original people's court and enforcement organs in writing.

Article 543:After people's courts receive a community corrections establishment's recommendation to revoke a suspended sentence, where upon review it is confirmed that there were any of the following situations during the probationary period of the suspended sentence, a ruling shall be made to revoke the suspended sentence:

(1) Violated a prohibition order, and the circumstances are serious;

(2) Failed to report at the designated time without a legitimate reason or eluded oversight during the period of community corrections, for more than one month

(3) was given a public security administrative punishment for violating oversight and management provisions, but still did not make corrections;

(4) Receives two warnings from the enforcement organ but still doesn't make corrections;

(5) other violations of laws, administrative regulations, or oversight and management provisions where the circumstances are serious.

After people's courts receive a recommendation to revoke parole from community corrections establishments, and upon review, it is confirmed that the situations provided for in items (2) or (4) of the preceding paragraph occurred during the probationary period, but did not constitute a new crime, a ruling shall be made to revoke parole.

Article 544:Where convicts for whom it has been requested that a suspended sentence or parole be revoked might escape or become a danger to society, and the community corrections establishments request that the people's courts make a decision to arrest when recommending that the suspended sentences or parole be revoked, the people's courts shall make a decision on whether to arrest within 48 hours. Where the decision is to arrest, the public security organs are to enforce it. The period of detention after arrest must not exceed 30 days.

Article 545:The people's court shall make a ruling within 30 days of receiving the community corrections establishment's recommendation to revoke a suspended sentence or parole. Rulings to revoke suspended sentences or parole take effect immediately upon issue.

The people's courts shall send the ruling to revoke commutation or parole to the community corrections establishments and public security organs and send a copy to the people's procuratorate, and the public security organs are to transfer the prisoner for enforcement. Where there was arrest before enforcement, the sentence is to be reduced by one day for each day they were detained.

  Chapter XXII: Procedures for Trials of Juvenile Crime

  Section 1: Ordinary Provisions

Article 546:People's courts trying juvenile criminal cases shall implement the directive of education, reform, and rescue; and adhere to the principle of emphasizing education over punishment, to strengthen the special protection of juveniles.

Article 547:People's courts shall strengthen cooperation with relevant government departments, people's organization, social organizations, and others, to promote the development of efforts such as having people's assessors in juvenile criminal cases, investigations, and mentorship placements, to fully safeguard the lawful rights and interests of minors and actively participate in the overall governance of social administration.

Article 548:People's courts shall strengthen cooperation with relevant government departments, people's organizations, and social organizations to carry out the necessary protective measures such as psychological intervention, economic assistance, legal aid, and academic transfer placements for juvenile victims of sexual offenses or other violent harms, as well as their families.

Article 549:People's courts shall designate specialized bodies or personnel responsible for hearing juvenile criminal cases. The personnel hearing cases juvenile criminal case shall go through special training, and be familiar with the physical and psychological characteristics of minors, and well suited to ideological education work with minors.

people's assessor that participate in the tiral of juvenile criminal cases may be randomly selected from a list that of people's assessors who are familiar with the physical and psychological characteristics of minors, and concerned with efforts to protect minors.

Article 550:Cases in which the defendant was not yet 18 years-old when the alleged crime was committed and was not yet 20 years-old when the people's court filed the case, are to be heard by the trial organization for juvenile cases.

The following cases may be heard by the trial organization for juvenile cases:

(1) Cases of crimes by enrolled students who were not yet 22 years old when the case was filed by the people's court;

(2) Cases of crimes that violated minors' rights in their person, such as rape, molestation, abuse, or abandonment of minors;

(3) Other cases that are more appropriately heard by the trial organization for juvenile cases.

In cases of joint crimes with juvenile defendants, or other criminal cases involving minors, the court president is to decide whether they are to be heard by the trial organization for juvenile cases based on the actual circumstances.

Article 551:Cases of joint crimes by adults and juveniles that are prosecuted separately within the same people's court may be heard by the same trial organization; where it is inappropriate for the same trial organization to hear both, they may be tried separately.

In joint crimes by a juvenile and an adult that are tried by different people’s courts or different trial organizations, the relevant people’s courts or trial organizations shall learn about the trial situation of the joint crime's defendants in the other cases, and pay attention to balancing sentencing across all the cases.

Article 552:When necessary, a higher-level people's court may direct a lower people's court to have a juvenile criminal case transferred to another people's court for trial on the basis of Article 27 of the Criminal Procedure Law,

Article 553:The application of arrest measures against juvenile defendants shall be strictly limited.

People's courts deciding to arrest shall interrogate the juvenile defendants and hear the defense lawyers' opinions.

The people's courts and administrative departments for education shall cooperate to ensure that juvenile defendants who have been arrested and have not completed compulsory education receive compulsory education.

Article 554: Where people's courts apply release on guarantee for minors with no fixed residence and who are unable to provide a guarantor, they shall designate an appropriate adult as their guarantor, and when necessary may arrange for defendants released on guarantee to receive social care.

Article 555:People's courts hearing juvenile criminal cases shall notify the juvenile defendant's legal representative to appear during interrogations and court proceedings. Where there is no way to notify the legal representatives, where they cannot appear, an appropriate adult may be notified to appear, and the relevant circumstances shall be recorded in the case.

In addition to lawfully exercising the rights provided in paragraph 2 of Article 281 of the Criminal Procedure Law, legal representatives or other persons appearing may participate in work such as the courtroom education of the defendant, with the court’s consent.

The provisions of the previous two paragraphs apply in juvenile criminal cases using the simplified procedures.

Article 556:The provisions of the preceding article apply to the questioning of juvenile victims or witnesses.

When hearing cases involving sexual offenses or violence against minors, simultaneous audio or visual recording shall be conducted during questioning of victims and witnesses who are minors, and all effort is to be made to finish in one session; and where minor victims or witnesses are female, questioning shall be conducted by female staff.

Article 557:Cases where the defendant is not yet 18 years old when court proceedings begin, shall never be tried publicly. With the consent of the juvenile defendant and their legal representative, the juvenile defendant's school and child welfare organizations may send representatives to appear. The court is to decide on the number and range of representatives appearing. With the court's consent, representatives making an appearance may participate in the courtroom education efforts directed at the juvenile defendant.

In cases that are to be tried publicly in accordance with law, but might require that a criminal record be sealed, persons must not be organized to observe, and where there are observers, they shall be informed to not transmit case information.

Article 558:In in-court proceedings in criminal cases involving minors, victims or witnesses who are minors are ordinarily not to appear in court to testify, and where they need to appear in court protective measures such as technical measures to protect their privacy and psychological intervention shall be employed.

Article 559:In hearing criminal cases involving minors, the juveniles' names, residences, photos, and other materials from which their identities might be deduced must not be revealed to the outside world.

Where case file materials involving juveniles are read, copied, or reproduced, they must not be disclosed or transmitted.

Article 560:Where people's courts discover that relevant units have not fulfilled their duties to protect minors such as for education, management, rescue, or care, they shall submit a judicial recommendation to those units.

Article 561:People’s courts shall carry out publicity and education on the rule of law for minors in consideration of actual conditions and based on the characteristics of cases involving minors.

Article 562:Where this chapter has no provisions, trials of juvenile criminal cases are to apply the relevant provisions of this interpretation.

  Section 2: Trial Preparation

Article 563:When sending juvenile defendants a copy of the indictment, the people's court shall clearly explain the charges and the relevant legal provisions, and inform them of trial procedures and their procedural rights and obligations.

Article 564:Where a juvenile defendant who is not 18 years old at the time of trial has not retained a defender, the people's court shall notify a legal aid institution to appoint a lawyer who is familiar with the physical and psychological characteristics of minors to provide them with a defense.

Article 565:Where juvenile victims and their legal representatives have not retained an agent ad litem due to financial hardship or for other reasons, the people's court shall help them apply for legal aid.

Article 566:In juvenile criminal cases where a people's court decides to apply simplified procedures, it shall solicit the opinions of the juvenile defendants, their legal representatives, and their defenders. The simplified procedures are not to be applied where the above persons object.

Article 567:Where a defendant was not yet 18 years old at the time of the alleged crimes, but is 18 years old but not yet 20 years old when court proceedings begin, the people's court shall normally notify their close relatives to appear in court when proceedings begin. Upon the court's consent, the close relatives may express their opinions. Where there is no way to notify relatives, where they cannot appear, or where they were accomplices, this shall be recorded in the case.

Article 568:The court shall accept the investigation report sent by the people's procuratorate regarding circumstances such as a juvenile defendant's personality traits, home conditions, social relations, upbringing, reasons for the crime, behavior before and after the crime, supervision and education, as well as written materials submitted by the defender that reflect the circumstances above.

When necessary, a people’s court may entrust the community corrections establishments, communist youth league organizations, or other social organizations from the juvenile defendant’s residence to investigate the above circumstances, or may conduct an investigation itself.

Article 569:Based on the circumstances, the people's court may carry out psychological counseling for the juvenile defendants, victims, and witnesses; and as necessary based on the actual circumstances, and with the consent of the juvenile defendants and their legal representatives, it may also carry out a psychological evaluation of the juvenile defendant.

Specialized establishments or personnel may be entrusted to conduct the psychological counseling or psychological evaluations.

Psychological evaluation reports may be a consideration in handling cases and educating minors.

Article 570 :Before court opens and during recesses, the court, according to circumstances, may arrange meetings between the juvenile criminal defendants, their legal representatives, or appropriate adults.

  Section 3: Trial

Article 571:People's courts shall arrange a seat, where the defense platform nears the observers' area, for juvenile defendants' legal representatives or appropriate adults.

When hearing juvenile criminal cases that might result in a judgment of up to 5 years imprisonment or involve crimes of negligence, a seating arrangement suitable to the characteristics of juvenile defendants may be adopted.

Article 572:Where minors or their legal representatives refuse the defenders' defense at court, the provisions of paragraphs 2 and 3 of Article 311 of this interpretation are to be applied.

After beginning trial anew, where the juvenile defendants or their legal representatives once again refuse the defender's defense at court, it will not be permitted. Where the defendant is already 18 years old when the trial begins anew, it may be permitted, but they must conduct their own defense and must not separately retain another defender or request another lawyer be appointed.

Article 573:Over the course of trial, trial personnel shall use language and means of expression appropriate to the juvenile defendants' degree of intellectual development and psychological state.

Where situations such as threatening, scolding, or inducing minor defendants to confess, or mockery are discovered, the chief judge shall stop them.

Article 574:Where the prosecution or defense makes a sentencing recommendation that a juvenile defendant be sentenced to controlled release or given a suspended sentence, they shall present written materials to the court regarding the juvenile defendant's ability to receive sufficient supervision and mentorship, and show that they will not be a significantly negative influence on the community where they reside.

Article 575:The court shall review the investigative report on a juvenile defendant's circumstances and any written materials provided by the defender on the defendant's circumstances, and hear the comments of both sides. The reports and materials described above may be a consideration in handling cases and educating minors.

People's courts may notify the persons who made investigation reports to appear in court to give explanations, and to be questioned by the prosecution and defense.

Article 576:After the conclusion of courtroom debate, based on the minor's physical and psychological characteristics and the circumstances of the case, the court may conduct legal education for the juvenile defendants; and where ruling that the juvenile defendants are guilty, shall conduct legal education after the verdict is announced.

Where, in conducting education for juvenile defendants, it would be conducive for their reformation and rescue to have persons such as adult relatives, teachers, or mentors participate, the people's courts shall invite them to participate in relevant activities.

In cases applying the simplified trial procedures, the provisions of the preceding two paragraphs apply to carrying out education of the juvenile criminal defendant at court.

Article 577:After the juvenile defendant's final statement, the court shall ask their legal representatives whether they have supplementary statements.

Article 578:The verdict in a juvenile criminal case shall be publicly announced.

In cases where criminal records shall be sealed in accordance with law, persons must not be organized to observe the announcement of the verdict; and where there are observers, they shall be told that they must not transmit case information.

Article 579:In juvenile criminal cases where the time for the announcement of the verdict has been set, where the juvenile defendants' legal representatives cannot be notified, cannot appear in court, or are accomplices, the court may notify appropriate adults to appear in court, and deliver the judgment documents to the juvenile defendants' adult relatives after the verdict is announced.

  Section 4: Enforcement

Article 580:When delivering juvenile offenders to prison for enforcement of their criminal punishment, or sending them to community corrections, the people's courts shall also send the investigative report on the juvenile offender and materials on their behavior at trial together with relevant legal documents to the enforcement organs.

Article 581:The criminal records of minors who were not yet 18 years old at the time of the crime and who were sentenced to five years or less imprisonment or excused from punishment, shall be sealed.

Where judicial organs or relevant units apply to a people's court to review sealed criminal records, they shall state the reasons and basis for the request. The people's court shall promptly make a decision as to whether it consents to such a request.

Article 582:People's courts may establish communication with juvenile correctional facilities and other penal centers, learn about the circumstances of juvenile offenders' reform, assist in successful mentorship and reformation work, and may also have follow-up inspections on juvenile offenders currently serving a sentence.

Article 583:When a people's court finds it necessary, it may urge the parents or other guardians of juveniles serving a prison sentence to promptly visit them.

Article 584:The people's courts may assist community corrections establishments in formulating mentorship measures for juvenile offenders sentenced to controlled release, given a suspended sentence, paroled, or temporarily serving their sentence outside of prison.

Article 585:People's courts may visit juvenile offenders who are sentenced to controlled released, given suspended sentences, excused from criminal punishment, on parole, or temporarily serving their sentence outside of prison, as well as their families, to learn about the conditions of their supervision and education and to guide the family of the juvenile offender in undertaking the responsibility of education and supervision so as to create an environment conducive to reform .

Article 586:People's courts may make recommendations to the relevant departments on placements for juvenile offenders who have the capacity for schooling or employment, and have been sentenced to controlled release, a suspended sentence, or are excused from criminal punishment, granted parole, or are temporarily serving their sentence outside of prison.

  Chapter XXIII: Procedures for Party Settlement in Public Prosecutions

Article 587:Where the facts are clear and the evidence is sufficient in a public prosecution case that meets the requirements of article 288 of the Criminal Procedure Law, the people's court shall notify the parties that they may settle of their own accord; and where the parties so request, the court may preside over their negotiations to reach a settlement.

Based on the circumstances of the case, a people's court may invite people's mediators, defenders, agents ad litem, the parties' friends and family, or others to facilitate the parties' reaching a settlement.

Article 588:In public prosecutions meeting the requirements of article 288 of the Criminal Procedure Law, where the victim is dead, their close relatives may settle with the defendant. Where there are several close relatives, a settlement shall be approved by all close relatives in the first sequence of inheritance.

Where victims are incompetent or have limited capacity, their legal representatives or close relatives may settle on his behalf.

Article 589:With the defendants' consent, the defendants' close relatives may settle on their behalf.

Where the defendants have limited competence, their legal representatives may settle on their behalf.

Where the defendants' legal representatives and close relatives settle on their behalf in accordance with the preceding two paragraphs, formal apologies or other such matters in the settlement agreement shall be carried out by the defendants themself.

Article 590:Where parties raise objections to a settlement agreement drafted by the public security organs or people's procuratorate, the people's court shall review it. Where upon review the settlement was voluntary and legal, it is to be confirmed, and there is no need to newly draft a settlement agreement; where a settlement is contrary to the principles of voluntariness or legality, it shall be found void. After a settlement agreement has been found void, where the parties on both sides reach a new settlement, the people's court shall preside over the drafting of a new settlement agreement.

Article 591:Where the parties of both sides settle during the trial period, the people's court shall hear the opinions of the parties, their legal representatives, and other relevant persons. Where both parties reach a settlement outside the court, the people's court shall notify the people's procuratorate and hear its opinions. Where, upon review, the settlement is voluntary and legal, the drafting of a settlement agreement shall be presided over.

Article 592:The settlement agreement should include the following content:

(1) The defendant admits all their crimes and has no objection to the alleged facts and is truly repentant.

(2) The defendant has received the victims' forgiveness through means such as formally apologizing to them or compensating their losses; where compensation for losses is involved, it shall clearly state the amount and method of compensation and other such information; where attached civil litigation has been raised, the plaintiff in the attached civil litigation is to withdraw it;

(3) The victim has voluntarily settled, and requests or agrees to the defendant being treated leniently in accordance with law.

The settlement agreement shall be signed by both parties and the trial personnel, but no seal is to be affixed by the court.

The settlement agreement is to be in triplicate, with each party receiving one copy and the final copy given to the people's court to attach to the case file.

Where both parties request confidentiality as to content in the settlement agreement regarding compensation for losses, the people's court shall allow it and take appropriate confidentiality measures.

Article 593:After signing the settlement agreement, the defendant shall promptly satisfy the portions of the agreement on compensation for losses.

Where a party goes back on the settlement agreement after it has been fully fulfilled, the people's court shall not support it, except where there is evidence showing that the settlement violated the principles of voluntariness or legality.

Article 594:Where the parties on each side have already reached a settlement agreement and fully performed under it during the investigation or review for prosecution phases, and victims or their legal representatives or close relatives raise attached civil litigation, the people's court shall not accept it, unless there is evidence showing that the settlement violated the principles of voluntariness and legality.

Article 595:Where parties of both sides are willing to settle after victims, their legal representatives, or close relatives raised attached civil litigation, but the defendants are unable to immediately completely fulfill their obligations to compensate, the people's court shall draft an attached civil litigation mediation certificate.

Article 596In cases where a settlement agreement has been reached, the people's court shall punish the defendant leniently; where the requirements for non-custodial punishments are met, non-custodial punishments shall be given; where giving a sentence of the statutory minimum is still too heavy, the punishment may be commuted; where in consideration of the totality of the case it is found that the crime is minor and does not need to be criminally punished, criminal punishment may be waived.

In cases of joint crimes where some of the defendants reach a settlement agreement with the victim, those defendants may be punished leniently in accordance with law, however attention shall be paid to the balance of sentences in the entire case.

Article 597:Where a settlement agreement is reached, the written judgment shall describe it and cite the relevant articles of the Criminal Procedure Law.

  Chapter XXIV: Procedures for Trial in Absentia

Article 598:In cases where the people's procuratorate initiates a public prosecution in accordance with the first paragraph of Criminal Procedure Law article 291, the people's courts shall emphasize review of the following content:

(1) Whether it is within the scope of cases for which trial in absentia procedures may be applied;

(2) whether it is within their jurisdiction;

(3) Whether the defendants' basic information is clearly written, including an accurate overseas address and contact methods;

(4) Whether the main facts of the defendants' alleged crimes are clearly written, and whether evidence is attached;

(5) Whether it indicates whether the defendants have any close relatives, and the names, identity, address, contact methods, and so forth for any such relatives;

(6) Whether the type, number, value, and location of unlawful gains and other property involved in the case are clearly listed, and relevant evidence attached;

(7) Whether there is a list of unlawful gains and other assets involved in the case that have been sealed, seized, or frozen, and the relevant legal formalities.

Where the materials provided for in the preceding paragraph require translations, the people's courts shall request that the people's procuratorate transfer them together.

Article 599:In cases where the people's procuratorate initiates a public prosecution in accordance with the first paragraph of Criminal Procedure Law article 291, after review the people's courts shall handle them in accordance with the following distinct circumstances.

(1) Where the requirements for applying the trial in absentia procedures are met, it is within the jurisdiction of the court, and the materials are complete, it shall be accepted;

(2) Where it is not within the scope of cases for which trial in absentia procedures may be applied, is not within the court's jurisdiction, or the requirements for applying the trial in absentia procedures are otherwise not met, it shall be returned to the people's procuratorate;

(3) Where the materials are incomplete the people's procuratorate shall be notified to send supplements within 30 days; and where they cannot supplement them within 30 days, it shall be returned to the people's procuratorate;

Article 600:In cases where the people's procuratorate raises a public prosecution in accordance with paragraph 1 of Criminal Procedure Law article 291, after the people's courts file the case, a summons and a copy of the indictment shall be served on the defendants, and the summons shall indicate the time for the defendant to come in as well as legal consequences for not coming in on time, and other such matters; a copy of the indictment shall be sent to the defendants' relatives, notifying them that they have the right to retain a defender on the defendants' behalf, and telling them to urge the defendants to come in.

Article 601:In cases where the people's procuratorate initiates a public prosecution in accordance with the first paragraph of Criminal Procedure Law article 291, the defendants have the right to retain one or two defenders, or their close relatives may do so on their behalf. Where lawyers are retained as defenders, they shall be lawyers that are qualified in the PRC and have lawfully obtained practice credentials; where they are retained outside the mainland, the retention shall be notarized and recognized in accordance with the provisions article 496 of this Interpretation on authorizing retention.

Where defendants and their close relatives have not retained a defender, the people’s court shall notify a legal aid institution to appoint a lawyer to provide the defendant with a defense.

Where the defendants and their close relatives refuse the lawyers appointed to provide a defense by the legal aid institution, it is to be handled in accordance with paragraph 2 of article 50 of this Interpretation.

Article 602:In public prosecutions initiated by the people's procuratorate in accordance with the first paragraph of Criminal Procedure Law article 291 that are being tried by the people's courts, applications by the defendants' close relatives to participate in the proceedings, shall be submitted after they receive the copy of the indictment but before the first-instance trial begins, and they submit proof of their relationship with the defendants. Where there are several close relatives, one or two shall be selected to participate in the proceedings.

The people's court shall promptly review and make a decision as to applications by the defendants' close family.

Article 603:In public prosecutions initiated by the people's procuratorate in accordance with the first paragraph of Criminal Procedure Law article 291 that are being tried by the people's courts, the relevant provisions of the ordinary procedures for the first-instance trial of public prosecutions are to be applied by reference. Where defendants' close relatives participate in proceedings, they may express opinions, present evidence, apply for the court to notify witnesses, evaluators and they like to appear in court, and carry out debate.

Article 604:In cases where the people's procuratorate initiates a public prosecution in accordance with the first paragraph of Criminal Procedure Law article 291, after trial, the people's courts shall make a judgment or ruling with reference to article 295 of this Interpretation.

Where the judgment is guilty, the standard of proof of the evidence being credible and sufficient shall be met.

Where through it is found that the charge is not one provided for in the first paragraph of Criminal Procedure Law article 291, the trial shall be concluded.

In hearing cases applying the procedures for trial in absentia, unlawful gains and other assets involved in the case may be handled together.

Article 605:Where the defendant lacks the competence to stand trial due to serious illness and is unable to appear for trial, and the trial is suspended for over six months, but the defendant is still unable to appear in court, and the defendant and their legal representative or close relatives apply for or agree to resume the trial, the people’s court may conduct a trial in absentia based on Criminal Procedure Law article 296.

Where the defendants are unable to express their wishes and the circumstances in the preceding paragraph are met, their legal representatives or close relatives may apply or agree to resume trial on their behalf.

Article 606:Where after the people's court accepts a case, the defendant dies, a ruling shall be made to conclude trial; but where there is evidence showing that the defendant is not guilty, and it can be confirmed through trial in absentia that they are not guilty, a not guilty verdict shall be announced.

"There is evidence showing that the defendant is not guilty, and it can be confirmed through trial in absentia that they are not guilty" as used in the preceding paragraph includes situations where the facts are clear, the evidence is credible and sufficient, and there is a legal basis for finding the defendant not guilty, as well as situations where the evidence is insufficient to find that the defendant is guilty.

Article 607:In a case where the people’s court holds a new trial in accordance with trial supervision procedures and the defendant has died, a trial in absentia may be held. Where there is evidence showing that the defendant is not guilty, and it can be confirmed through trial in absentia that the defendant is not guilty, a not guilty verdict shall be announced; where a crime was constituted but the original punishment was abnormally heavy, a judgment shall be made in accordance with law.

Article 608:Apply the relevant provisions of this Interpretation by reference where this Chapter is silent as to the trial of cases of trial in absentia by the people's courts

  Chapter XXV: Procedures for the Confiscation of Assets in Cases Where Criminal Suspects or Defendants Have Escaped or Died

Article 609:Criminal cases of "embezzlement and bribery, terrorist activities, and other such crimes" as used in Criminal Procedure Law article 298, refers to the following cases:

(1) Cases of embezzlement and bribery, dereliction of duty, or other such crimes abusing public office;

(2) terrorist activities crimes provided for in Chapter II of the Specific Provisions of the Criminal Law, as well as homicides, explosions, kidnapping, and other such crimes, carried out by terrorist organizations or personnel;

(3) Cases of crimes endangering national security, smuggling, money-laundering, financial fraud, mafia-type organizations, and drug crimes.

(4) Cases of criminal telecommunications fraud or online fraud.

Article 610:Criminal cases that have a larger impact within a province, autonomous region, or directly governed municipality, or throughout the entire nation, or criminal cases where the criminal suspects or defendants have escaped outside the mainland territory, shall be found to be cases of 'major crimes' as provided for in the first paragraph of Criminal Procedure Law article 298.

Article 611:Where criminal suspects or defendants have died and their unlawful gains and other assets involved in the case shall be recovered in accordance with the Criminal Law, and the people's procuratorates submit requests to confiscate of unlawful gains, the people's courts shall accept them in accordance with law.

Article 612:The people's courts shall review applications to confiscate unlawful gains submitted by the people's procuratorate for the following content:

(1) Whether it is within the scope of cases for which procedures for the confiscate of unlawful gains may be applied;

(2) whether it is within their jurisdiction;

(3) Whether the basic information for the criminal suspects or defendants is clearly stated, as well as the circumstances of the alleged crimes, and whether evidence is attached;

(2) whether the criminal suspects or defendants are at large, have been declared wanted, have disappeared, died, or other such circumstances, and whether evidence is attached;

(5) Whether the type, number, value, and location of unlawful gains and other property involved in the case are clearly listed, and relevant evidence attached.

(6) Whether there is a list of unlawful gains and other assets involved in the case that have been sealed, seized, or frozen, and the legal formalities.

(7) Whether it is clearly stated whether the criminal suspects or defendants have any stakeholders, and the stakeholders' names, identities, addresses, and contact information and other such circumstances.

(8) Whether or not the reason and legal basis for requesting a confiscation is clearly written;

(9) Other content and materials that need to be reviewed in accordance with law;

Where the materials provided for in the preceding paragraph require translations, the people's courts shall request that the people's procuratorate transfer them together.

Article 613:The people's courts shall complete their review of applications to confiscate unlawful gains within 30 days, and handle them in accordance with the following discrete situations:

(1) Where it is within the scope of acceptance for applications to confiscate unlawful gains and the court's jurisdiction, the materials are complete, and there is evidence proving the facts of the crime, it shall be accepted;

(2) Where it is not within the scope of acceptance for applications to confiscate unlawful gains or not within the court's jurisdiction, it shall be returned to the people's procuratorate;

(3) Where the application to confiscate unlawful gains does not meet the requirements of the 'there is evidence proving the facts of the crime' standard, the people's procuratorate shall be notified to withdraw the application;

(4) Where the materials are incomplete, the people's procuratorates shall be notified to send further materials within seven days; and where the materials are not supplemented within 7 days, it shall be returned to the people's procuratorate.

Where the people's procuratorate applies for the confiscation of assets that have not yet been sealed, seized, or frozen, or where the period of sealing, seizure, or freezing is about to be completed, and there is a risk that property involved in the case will be concealed, transferred, damaged or destroyed, the people's court may seal, seize or freeze the assets that are the subject of the application for confiscation.

Article 614:After people's courts accept an application to confiscate unlawful gains, they shall make an announcement within 15 days. The announcement shall indicate the following content:

(1) The cause of action and source of the case;

(2) The basic circumstances of the criminal suspect or defendant;

(3) The facts of the crime involving the criminal suspect or defendant;

(4) The circumstances of the criminal suspect or defendant absconding, being labeled as wanted, escaping, disappearing, or dying;

(5) Information such as type, quantity, value, and location of the assets which the application seeks to confiscate, as well as a list of assets already sealed, seized, or frozen, and the related legal formalities;

(6) Facts related to the property which the application seeks to have confiscated being unlawful gains or other assets involved in the case;

(7) The reasons and legal basis for requesting the confiscation;

(8) The period and methods for stakeholders applying to participate in the proceedings, as well the legal consequences that might be borne for not applying to participate in proceedings in accordance with that timing and methods;

(9) Other circumstances that shall be announced.

The period for the announcement is to be 6 months, and provisions on suspension, interruption, and extension do not apply to the announcement period.

Article 615:The announcement shall be published in newspapers with national public circulation, online media, and the official website of the Supreme People's Court, and also on bulletin boards of the people's courts. When necessary, the notice may be published at the site of the crime, the residences of the criminal suspects or defendants, or the location of the property the application seeks to confiscate. The final date of publication is to be the date of the announcement. In publishing announcements, methods such as photos or recordings shall be used to record the process of publication.

Where the people's courts are already aware of the contact methods for stakeholders in the mainland, they shall directly send them a notification including the content of the announcement; where it is difficult to send it direclty, it may be delivered by proxy or mail. Where the recipients agree, service by methods such as fax or email that can sufficiently confirm the recipient's receipt may be used, and this is to be recorded in the case.

Where the people's courts are already aware of contact methods for criminal suspects or defendants and stakeholders that are abroad, then with the recipients consent, they may use methods such as fax or email that can sufficiently confirm the recipient's receipt may be used, and this is to be recorded in the case; where a recipient has not expressed consent, or where the people's court does not have contact information for the criminal suspects or defendants or stakeholders who are abroad, and the competent organs for the country or region where they are located clearly indicates that they shall serve the recipient with notice included the content of the announcement, the people's courts may decide whether to serve them. Where they decide to serve them, a request for judicial assistance shall be made to the country or region in accordance with article 493 of this Interpretation.

Article 616:"Other stakeholders" as used in Criminal Procedure Law article 299, paragraph 2, and article 300, paragraph 2, refers to natural persons and units other than the criminal suspects' or defendants' close relatives who claim rights in the assets that are the subject of a confiscation application.

Article 617:Where criminal suspects or defendants' close relatives and other interested persons apply to participate in proceedings, they shall do so within the period of the announcement. Where a criminal suspect or defendant's close family shall provide materials proving their relationship with the criminal suspects or defendants, the other interested persons shall provide evidence supporting their claimed rights in the unlawful gains or other assets involved in the case that are the subject of the application.

Interested parties may retain an agent ad litem to participate in proceedings. Where lawyers are retained as agents ad litem, they shall be lawyers that are qualified in the PRC and have lawfully obtained practice credentials; where they are retained outside the mainland, the retention shall be notarized and recognized in accordance with the provisions article 496 of this Interpretation on authorizing retention.

Where interested parties apply to participate in proceedings after the period for the announcement is completed, and can give a reasonable explanation, the people's court shall permit it.

Article 618:Where criminal suspects or defendants who have absconded abroad retain agents ad litem to apply to participate in proceedings, and the competent organs for the country or region where the unlawful gains or other assets involved in the case are located clearly raises an opinion in support, the people's courts may allow it.

Where the people's courts allow their participation in proceedings, the criminal suspects or defendants' agent ad litem is to exercise procedural rights in accordance with the provisions of this Interpretation on the agents ad litem of interested parties.

Article 619:After the public announcement period is over, the people's court shall organize a collegial panel to hold hearings on the application for confiscation of the unlawful gains.

Where interested parties apply to participate or retain an agent ad litem to participate in proceedings, in-court proceedings shall be held. Where no interested parties apply to participate in proceedings, or the interested parties and their agents ad litem refuse to appear without legitimate reasons, the people's court may choose not to hold in-court proceedings.

After the people's court has confirmed the date for trial, it shall notify the people's procuratorate, interested parties, agents ad litem, witnesses, evaluators, and interpreters of the time and place for trial. The written notification shall be in accordance with the means provided for in paragraphs 2 and 3 of article 615 of the Interpretation, and delivered 3 days before the start of the trial at the latest; where the recipient is abroad, it must be delivered 30 days before the start of the trial at the latest.

Article 620:In cases of applications for the confiscation of unlawful gains being tried in-court, follow the procedures below:

(1) after the chief judge announces the start of courtroom investigation, first the procurator is to read the application and then interested persons or their agents ad litem may express their opinions;

(2) The court shall sequentially investigate whether the suspect or defendant has committed a crime of embezzlement and bribery, terrorist activities or other major crimes, and been declared wanted for one year without being able to be brought into the case, whether they are already deceased, as well as whether the property subject to the application for confiscation shall be recovered in accordance with law; during the investigation, the procurator is to first present relevant evidence and then the interested parties are to express opinions, present relevant evidence, and debate evidence.

(3) In the courtroom debate phase, the procurator is to speak first and then the interested parties and their agents ad litem speak, and conduct debate.

Where interested persons refuse to appear in court without legitimate reason after receiving notice, or withdraw from the court in the middle of the case without first getting the court's permission, the trial may be held without in-court proceedings, except where there are other interested persons participating in the litigation.

Article 621:After trial, the people's courts shall handle cases of applications to confiscate unlawful gains according to the following distinct scenarios:

(1) Where the assets subject to the application for confiscation are unlawful gains or other assets involved in the case, a ruling shall be made to confiscate them except where they are to be returned to the victims in accordance with law;

(2) Where the requirements of the first paragraph of Criminal Procedure Law Article 298 are not met, a ruling shall be made to reject the application, and lift the sealing, seizure, or freezing measures.

Where the assets subject to the application for confiscation are very likely to be unlawful gains or other assets involved in the case, a finding shall be made that "the assets subject to the application for confiscation are unlawful gains or other assets involved in the case" as provided for in the preceding paragraph. In cases of assets of enormous value from unclear sources, where no interested parties claim rights in unlawful gains or other assets involved in the case, or where interested parties claim rights in such assets but provide evidence that does not reach the corresponding standard of proof, a finding shall be made that 'the assets subject to the application for confiscation are unlawful gains or other assets involved in the case" as provided for in the preceding paragraph."

Article 622:The criminal suspect or defendant's close family, other interested persons, or the people's procuratorate may submit an appeal or prosecutorial counter-appeal against a ruling for the confiscation of unlawful gains or the rejection of an application within 5 days.

Article 623:In cases of an appeal or prosecutorial counter-appeal from a first-instance ruling for the confiscation of unlawful gains or a rejection of an application, the second-instance people's court shall make a disposition in accordance with the following distinct situations:

(1) Where the facts found in the first-instance trial ruling were clear, and the application of law was correct, the appeal or procuratorial counter-appeal shall be rejected, and the original judgment sustained;

(2) Where the facts found in the first-instance trial ruling were clear, but the application of law was in error, the original ruling shall be changed;

(3) Where the facts in the original judgment are unclear the original ruling may be changed after clarifying the facts; and it may also be ruled to revoke the original judgment and remand to the original people's court for new trial;

(4) Where the first-instance trial ruling violated legally-prescribed litigation procedures so that the fairness of the trial might have been impacted; the original ruling shall be revoked and the case remanded to the original court for a new trial.

After the first-instance trial court makes a ruling in a case remanded for new trial, the second-instance trial court shall make rulings on appeals or counter-appeals against the first-instance trial ruling, and must not remand to the original people's court for a new trial again; except, however, where the first-instance trial violated legally-prescribed procedures during the new trial so that the fairness of trial might be impacted.

Article 624:Where the interested parties did not participate in first-instance trial proceedings as a result of something other than their intention or gross negligence and apply to participate in proceedings during the second-instance trial, the people's court shall allow it, revoke the original ruling, and remand to the original people's court for a new trial.

Article 625:Where in the course of hearing an application for confiscation of unlawful gains a criminal suspect or defendant who is on the run is brought into the case, the people's court shall rule to conclude the hearing. Where the people's procuratorate raises a public prosecution to the people's court that originally accepted the application, the same trial organization may hear it.

Article 626:In the course of trial, where the defendant absconds or dies, meeting the conditions provided for in the first paragraph of Criminal Procedure Law article 298, the people's procuratorate may submit an application to confiscate unlawful gains to the people's court; where the conditions provided for in the first paragraph of Criminal Procedure Law article 291 are met, the people's procuratorate may initiate a public prosecution in the people's courts in accordance with the procedures on trial in absentia.

Where the people's procuratorate raises an application to confiscate unlawful gains to the people's court that originally accepted the case, the same trial organization may hear it.

Article 627:The period for hearing applications to confiscate unlawful gains, is carried out with reference to the trial periods for ordinary procedures in first and second-instance trials.

The notice period and time for requests for criminal justice assistance are not included in the time limits for trial.

Article 628:After a ruling for the confiscation of unlawful gains has taken effect, where the criminal suspect or defendant raises an objection to the confiscation, or the people's procuratorate initiates a public prosecution in the court that made the original ruling, the same trial organization may hear it.

After hearings, the people's court shall make a dispostion in accordance with the following distinct situations:

(1) Where the original ruling is correct, it shall be sustained without further judgment on property involved in the case;

(2) Where the original ruling was truly in error, it shall be revoked, and a disposition of the relevant property involved in the case shall be reached at the same time.

Where effective rulings on confiscation by the people's courts are truly in error, they shall be corrected in accordance with the trial supervision procedures, except in the circumstance provided in the first paragraph.

Article 629:Where this chapter has no provisions, people's courts hearing applications to confiscate unlawful gains are to apply the relevant provisions from this interpretation by reference.

  Chapter XXVI: Procedures for the Compulsory Treatment of Persons With Mental Disorder Who Do Not Bear Criminal Responsibility

Article 630:Compulsory treatment may be granted for mentally ill persons who have been found through legally-prescribed procedures to not bear criminal responsibility, who exhibit violent conduct that endangers public safety and seriously endangers citizen’s physical safety, and where the threat to society has already reached the level of a crime and there is a possibility that they will continue to endanger society.

Article 631:In cases where the people’s procuratorate applies to have a mentally ill person who does not lawfully bear criminal responsibility given compulsory treatment, the basic-level people’s court at the place where the application subject exhibited violent conduct has jurisdiction; but where it is more suitable for the basic-level people’s court at the place of the application subject’s residence to hear it, the basic court at the application subjects residence may have jurisdiction.

Article 632:The people’s courts shall review the following content of applications for compulsory treatment raised by the people’s procuratorates:

(1) whether it is within their jurisdiction;

2. Whether the subject of the application’s identity and circumstances of the violent conduct, such as the time, place, method, and any harm caused, are clearly written with evidence materials attached;

3. Whether a forensic medical examiner’s psychiatric evaluation opinion and other evidence materials proving that the application subject is a mentally ill person not bearing criminal responsibility in accordance with law are attached.

4. Whether the subject of the application’s legal representative’s name, address, and contact information are clearly listed;

5. Other matters that need to be reviewed.

Article 633:For applications for compulsory treatment raised by the people’s procuratorates, the people’s court shall complete its review within 7 days and handle the matter in accordance with the following distinct situations:

(1) Where it is within the scope for accepting cases on compulsory treatment procedures, within the court’s jurisdiction, and the materials are complete; the case shall be accepted;

(2) Where it is within the court's jurisdiction, it shall be returned to the people's procuratorate;

(3) Where the materials are incomplete the people's procuratorate shall be notified to send supplements within 3 days; and where they cannot supplement them within 3 days, it shall be returned to the people's procuratorate;

Article 634:When trying compulsory treatment cases, the subject of the application or the defendant’s legal representative shall be notified to appear; and where they fail to appear after notification, other relatives of the application subject or defendant may be notified to appear.

Where the subject of the application or defendant has not retained an agent ad litem, a legal aid institution shall be notified to appoint a lawyer to serve as their agent ad litem and to provide him with legal assistance within 3 days of the application for compulsory treatment being accepted or the discovery that a defendant meets the conditions for compulsory treatment.

Article 635:When trying a compulsory treatment case, a collegial panel shall be formed for in-court trial proceedings. Except, however, where the subject of the application or defendant’s legal representative requests that the case not be tried at in-court proceedings and the court reviews and consents.

When trying a compulsory treatment case, a meeting shall be had with the subject of the application, and the opinions of the victims and their legal representatives are to be heard.

Article 636:When holding in-court proceedings in a case of an application for compulsory treatment, the following procedures are to be followed:

(1) After the chief judge announces that court investigation has begun, the procurator will first read the application, then the subject of the application’s legal representative or agent ad litem will make comments;

(2) The court will sequentially inquire into the issues of whether the subjects of the application have exhibited violent conduct that endangered public safety or seriously harmed individuals’ physical safety, whether they are mentally ill persons who do not bear criminal responsibility in accordance with law, and whether there is a possibility of the threat to society continuing; and when making the inquiries, the procurator will first present relevant evidence and then the subject of the application’s legal representative or agents ad litem will present and debate evidence; when necessary, evaluators may be notified to appear in court to explain evaluation opinions.

3. During the courtroom debate, the procurator is to speak first, and then the subject of the application’s legal representative or agent ad litem will speak and debate.

Where the subject of the application requests to appear in court, and the people’s court, having reviewed his physical and mental state, finds they may appear, it shall be approved. When appearing in court, the subject of the application may make comments during the courtroom investigation and debate phases.

After the procurator has read the application, where the subject of the application’s legal representative or agent ad litem has no objections, the courtroom investigation may be simplified.

Article 637:Article 531: In cases of an application for compulsory treatment, after trial the people’s court shall handle the matter according to the distinct situations listed below:

(1) Where the requirements for compulsory treatment provided for in Criminal Procedure Law article 302 are met; a decision shall be made for compulsory treatment of the application subject;

(2) Where the subject of the application is a mentally ill person not bearing criminal responsibility in accordance with law, but does not meet the requirements for compulsory treatment; a decision shall be made to reject the application for compulsory treatment; and where the subject of the application has already caused harmful consequences, their family or guardian shall be ordered to closely look after them.

(3) Where the subject of the application has full or partial capacity for criminal responsibility and criminal responsibility shall be pursued in accordance with law, a decision shall be made to reject the application for compulsory treatment and return the case to the people’s procuratorate to be handled in accordance with law.

Article 638:Where the first-instance trial court discovers during the course of trying a criminal case that the defendant might meet the requirements for compulsory treatment, it shall follow the legally-prescribed procedures for carrying out a forensic medicine psychiatric evaluation. Where evaluation shows that the defendant is a mentally ill person not bearing criminal responsibility in accordance with law, the procedures for compulsory treatment shall be used to carry out the trial.

When opening court for trial of a case described in the preceding paragraph, first, a member of the collegial panel shall read the defendant’s forensic medicine psychiatric evaluation opinion, explain that the defendant might meet the requirements for compulsory treatment, and then, in succession, the prosecution and defendant’s legal representative or litigation agent will make comments. With the chief judge’s permission, the procurator and the defendant’s legally-designated representative or litigation agent may debate.

Article 639:In cases provided for in the preceding article, after trial, the people’s court shall handle the case according to the following distinct circumstances:

(1) Where the defendant meets the requirements for compulsory treatment, a judgment shall be announced that the defendant does not bear criminal responsibility and at the same time a decision will be made for the defendant to receive compulsory treatment;

(2) Where the defendant is a mentally ill person not bearing criminal responsibility in accordance with law, but does not meet the requirements for compulsory treatment, a judgment shall be pronounced that the defendant is not guilty or does not bear criminal responsibility, and where the defendant has already caused harmful consequences, his family or guardian shall be instructed at the same time to strictly look after them;

(3) Where the defendant has full or partial capacity for criminal responsibility, and criminal responsibility and shall be pursued for in accordance with law; trial should continue under the ordinary procedures.

Article 640:Where a second-instance trial court in the course of hearing a criminal case discovers that a defendant might meet the requirements for compulsory treatment, it may handle the case according to the compulsory treatment procedures, or it may also decide to return the case to the original trial court for a new trial.

Article 641:Where people's courts make a compulsory treatment decision, within 5 days of making a decision, they shall deliver the compulsory treatment decision documents and notification of enforcement of compulsory treatment to the public security organs and the public security organs shall deliver the person found subject to compulsory treatment to receive compulsory treatment.

Article 642:When the person found subject to compulsory treatment, the victim and their legal representative or close relatives do not accept the compulsory treatment decision, they may apply for a re-examination by the people’s court at the level above within 5 days from the day after they receive the decision. During the re-examination, enforcement of the decision for compulsory treatment is not stopped.

Article 643:The people’s court at the level above shall form a collegial panel to hear applications for re-examination of compulsory treatment decisions, and, within one month, make a re-examination decision in accordance with the following distinct circumstances:

(1) Where the person found subject to compulsory treatment meets the requirement for compulsory treatment; the application for re-examination shall be rejected and the original judgment sustained;

(2) Where the person found subject to compulsory treatment does not meet the requirements for compulsory treatment; the original verdict shall be revoked;

(3) Where the original trial violated legally-prescribed litigation procedures so that the fairness of the trial might have been impacted; the original judgment shall be revoked and remanded to the original trial court for a new trial.

Article 644:Where a people’s procuratorate submits a counter-appeal against judgments or decisions made under article 639(1) of this interpretation, and at the same time a re-examination is applied for by the person found subject to compulsory treatment, the victim and his legal representatives or close family members, the people’s court at the level above shall follow procedures for second-instance trials to handle the matters together.

Article 645:Where a person subjected to compulsory treatment or his close family applies to lift the compulsory treatment, they shall make the application to the people’s court that made that compulsory treatment decision.

When the person subject to compulsory treatment or his close family's application for lifting compulsory treatment is rejected by the people’s court, the people’s court shall accept the case another application made after six months.

Article 646:Where compulsory treatment establishments put forward an opinion to lift compulsory treatment, or the person subjected to involuntary treatment or his close family apply to lift compulsory treatment, the people’s court shall review whether there is a diagnostic evaluation report of the person under compulsory treatment attached.

Where compulsory treatment establishments put forward an opinion to lift compulsory treatment and there is not a diagnostic evaluation report attached, the people’s court shall request it be provided.

Where the person subjected to compulsory treatment and his close relatives apply to a people’s court to lift compulsory treatment, and the compulsory treatment establishment has not provided a diagnostic evaluation report, the applicant may apply to the people’s court to obtain it. When necessary, the people’s court may appoint an evaluation body to conduct an evaluation of the person subject to compulsory treatment.

Article 647 When compulsory treatment establishments submit an opinion to have compulsory treatment lifted or the person subjected to compulsory treatment and his close family apply for lifting compulsory treatment, the people’s court shall form a collegial panel to conduct a review, and, within one month, handle the matter according to the following distinct situations:

(1) Where the person subject to compulsory treatment is no longer dangerous and there is no need to continue compulsory treatment, a decision shall be made to lift compulsory treatment, and the family of the person under compulsory treatment may be ordered to strictly watch over and treat them;

(2) Where the person subject to compulsory treatment remains dangerous, and it is necessary to continue compulsory treatment, a decision shall be made to continue compulsory treatment.

When necessary in the cases provided for in the preceding paragraph, the people's court may hold in-court proceedings, and notify the people's procuratorate to appoint someone to appear in court.

Within five days of making a decision, the people’s courts shall deliver the decision to the compulsory treatment establishment, the person applying to lift compulsory treatment, the person subject to compulsory treatment, and the people’s procuratorate. Where the decision is to lift compulsory treatment, the compulsory treatment establishment shall be notified to lift compulsory treatment on the day they receive the decision.

Article 648:Where the people’s procuratorate feels that a compulsory treatment decision or a decision to lift compulsory treatment is improper, and submits a written corrective opinion within 20 days of receiving the decision, the people’s court shall separately for a collegial panel to try the matter and make a decision within one month.

Article 649:Where this Chapter is silent as to trial of compulsory treatment cases, apply relevant provisions of this interpretation by reference.

  Chapter XXVII: Supplemental Provisions

Article 650:Based on the circumstances, videoconferencing may be employed by people's courts interrogating defendants, announcing verdicts, hearing commutation or parole cases, and so forth.

Article 651:Those making submissions to a people's court such as for a private prosecution, appeal, collateral appeal, or application shall do so in writing. Unless otherwise provided by law, those with difficulty writing may make submissions orally and people's court staff will prepare written notes or make a record in the case file, and either read the document to the speaker or allow them to read it.

Article 652:Materials such as work records and notices produced or formed during the litigation shall be signed by their creator and other relevant personnel, and have a seal affixed. When announcing or serving litigation documents such as judgments and notices, the person receiving the announcement or service shall sign a certificate of receipt and affix a seal.

Litigation participants who have not signed or affixed a seal shall affix a fingerprint, and criminal defendants shall affix a fingerprint in addition to signing and affixing a seal.

Where a party refuses to sign, affix a seal, or leave a fingerprint, the case-handling personnel shall make a note of the circumstance in the litigation documents or record materials; and where there is a relevant authenticating witness to authenticate or there is audio-visual proof, the refusal will not impact the efficacy of the relevant litigation document or record materials.

Article 653:The relevant provisions of this Interpretation apply to military courts and other specialized people's courts.

Article 654:The provisions of this Interpretation related to public security organs apply to the state security organs, military security departments, coast guard bureaus and prisons, in accordance with the relevant provisions of the Criminal Procedure Law.

Article 655:This interpretation will take effect on March 1, 2021. The "Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China published by the Supreme People's Court on December 20th, 2012 (Fashi (2012) No. 21) is concurrently abolished. Where judicial interpretations and normative documents previously released by the Supreme People's Court are inconsistent with this Interpretation, this interpretation is controlling.

 

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