451 total views, 2 views today
Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of Justice
Measures on Carrying out Pilot Project Efforts in Some Cities on Expedited Procedures in Criminal Cases.
These measures are formulated so as to ensure the lawful and orderly development of pilot work on the basis of the "Criminal Procedure Law" and the Standing Committee of the National of the National People's Congress's Authorization for Carrying Out Pilot Projects in Some cities on Expedited Procedures for Criminal Cases.
Article 1: Expedited procedures may be used where the following conditions are met in cases of dangerous driving, traffic offenses, theft, fraud, steeling, assault, provocation (picking quarrels), illegal detention, drug crimes, bribery crimes or crimes disrupting social order in a public location, where the circumstances are minor, and a sentence of less than one year of imprisonment, short-term detention or controlled release might be given in accordance with law:
(1) the case facts are clear and the evidence sufficient;
(2) the criminal suspects or defendants admit their crimes and have no objections to the alleged criminal facts;
(3) the applicable law is not contested by the parties, and the criminal suspects or defendants agree to the people's Procuratorate's sentencing recommendations ;
(4) the criminal suspects or defendants agree to apply the expedited procedures
Article 2: Expedited procedures are not applied in any of the following situations:
(1) Where a criminal suspect or defendant is a juvenile, is blind, deaf, or mute or is a mentally ill person who has not completely lost the ability to recognize or control his or her behavior;
(2) Where in a joint crime some of the criminal suspect or defendants have objections to the alleged facts, charges or sentencing recommendation;
(3) where a criminal suspect or defendant admits guilt, but upon review it is found that it might not comprise a crime or the defender conducts a not-guilty defense;
(4) The defendant has no objections to the sentencing recommendation, but upon review it is found to be improper;
(5) Were a criminal suspect or defendant have not reached a mediation or settlement agreement with victims or their legally-designated representatives or near relatives on compensation for damages, restoration of original conditions, apologies or other matters;
(6) a criminal suspect or defendant's violates provisions of release on guarantee or residential surveillance , seriously affecting the normal conduct of criminal proceedings;
(7) Where criminal suspects or defendants have statutory aggravating circumstances such as recidivism or corruption of minors;
(8) other situations where the application of expedited procedures procedures is inappropriate.
Article 3: Cases using expedited procedures shall place criminal suspects or defendants who meet the requirements for release on guarantee or residential surveillance under those measures. Where there are violations of the provisions of release on guarantee or residential surveillance that seriously impact the normal conduct of litigation activities, may be arrested where the circumstances are serious.
Article 4: Establish a legal aid duty counsel system; with legal aid organizations sending legal aid counsel to serve as duty counsel in the people's courts and detention centers. Where criminal suspects and defendants apply for legal aid, the legal aid duty counsel shall be assigned to them.
Article 5: When public security organs complete investigation and transfer a case for review for prosecution, find that the case meets the requirements for applying the expedited procedures, they may recommend the people's procuratorate handle it in accordance with the expedited procedures.
Where defenders find that a case meets the conditions for using expedited procedures, upon the consent of the criminal suspect they may recommend that the people's procuratorate handle it in accordance with the expedited procedures.
Article 6: In cases where the people's procuratorates find the facts are clear and the evidence is sufficient, they shall lay out the sentencing recommendations and interrogate the criminal suspects to understand their opinions on the charged offenses, the sentencing recommendation and the use of expedited procedures; and inform them of relevant legal provisions. Where criminal suspects admit their crimes, have no objections to the sentencing suggestion or the application of expedited procedures, and sign a written acknowledgment, the people's procuratorate may suggest that the people's court apply the expedited procedures for trial.
Article 7: Where people's procuratorates find that criminal suspects might be given a suspended sentence or sentenced to controlled release, they may retain the county-level judicial-administrative organ for the criminal suspects' residence or place of household registration to conduct a community corrections investigative appraisal. Judicial administrative organs shall usually complete the investigative appraisal and issue an assessment opinion within 5 working days of the receipt of the retention, and promptly give feedback to the people's Procuratorate and to the people's court accepting the case.
Article 8: The people's procuratorate shall usually make a decision whether to indict within 8 days of accepting the case. Where the decision is to indict and to recommend that the people's court apply the expedited procedures, they shall submit a sentencing recommendation and provide the criminal suspects' written acknowledgment and other such materials. The written indictment may be simplified.
Article 9: In cases where the people's procuratorate recommend application of the expedited procedures and provide relevant materials in accordance with article 8, where upon review the people's court finds that the facts are clear, the evidence is sufficient, and the sentencing recommendation submitted by the people's procuratorate is proper, it may be decided to apply the expedited procedures and notify the people's procuratorate and the defender.
Article 10: People's courts applying the expedited procedures to hear a case, have a single-adjudicator hear the case, and are not limited by the time periods for service provided by the Criminal Procedure Law.
Article 11: People's courts applying expedited procedures to hear a case shall question the defendants at court on their opinions about the facts,of the crime, the sentencing recommendation and the use of expedited procedures; and also hear the comments of the prosecutor, defender, victims and their agents ad litem. Where the defendant admits guilt at court and agrees with the sentencing recommendation and the application of the expedited procedures, court investigation and courtroom debate are no longer conducted. However, before the announcement of the verdict, the defendants final statement and comments should be heard.
Article 12: In cases where the people's courts apply the expedited procedures, and the defendant applies to have the trial be non-public on the grounds of information security; where the people's procuratorate and defender have no objections it may be non-publicly tried upon approval of the court president.
Article 13: In cases where the people's courts apply the expedited procedures, where the defendant has voluntarily admitted the crime, returned stolen goods, actively compensated losses, formally apologized, and obtained the victims' or their families forgiveness, they may be given a lenient sentence in accordance with law.
Article 14: Where during the course of trial people's courts is discover that the conditions for applying the expedited procedures are not met, they shall change it to a trial by summary procedures or ordinary procedures.
Article 15: In cases where people's courts apply expedited procedures at trial, trial shall usually be completed within 7 days of accepting the case.
Article 16: In cases where the people's courts apply the expedited procedures at trial, they shall announce the verdict at court, and use a form style written judgment.
Article 17: Cases applying the expedited procedures shall be handled according the provisions of the Criminal Procedure Law except as otherwise provided by these measures.
Article 18: These Measures take effect upon issuance to be implemented for 2 years.