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全国人民代表大会常务委员会关于刑事案件办案期限的补充规定 SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESSCONCERNING THE TIME LIMITS FOR HANDLING CRIMINAL CASES

2006-05-18 15:19   我要纠错 | 打印 | 收藏 | | |

(Adopted at the Sixth Meeting of the Standing Committee of the Sixth National People's Congress, promulgated for implementation by Order No.15 of the President of the People's Republic of China on July 7, 1984, and effective as of July 7, 1984) (Editor's Note: These Provisions were annulled by the Decision of the National People's Congress on Amendments of the Criminal Procedure Law of the People's Republic of China promulgated on March 17, 1996 and effective as of January 1, 1997)
时效性:失效  颁布日期:19840707  实施日期:19840707  失效日期:19970101  颁布单位:全国人大常委会

  The time limits for handling criminal cases prescribed by the Criminal Procedure Law in the spirit of shortening the time limits as much as possible and guaranteeing the citizens' right of the person are both appropriate and correct. The public security organs and judicial organs shall continue to improve their work, raise the quality of case-handling and work efficiency, conscientiously implement the time limits for case-handling prescribed by the Criminal Procedure Law and, in a practical manner, strive to shorten the time limits as much as possible. Meanwhile, the following supplementary provisions are made in order to solve certain special, concrete problems which have arisen in the process of implementation.

  1. In the event that major cases involving crimes committed by a group or major and complex cases involving persons going from place to place committing crimes cannot be concluded within the time limit for holding a defendant in custody during investigation as stipulated in Paragraph 1 of Article 92 of the Criminal Procedure Law, or within the time limit for trial in a case of first instance as stipulated in Article 125, or within the time limit for trial in a case of second instance as stipulated in Article 142, the time limit for holding the defendant in custody during investigation may be extended by two months upon approval or decision by the people's procuratorates of provinces, autonomous regions, or municipalities directly under the Central Government, and the time limit for trial in cases of first and second instance may be extended by one month upon approval or decision by the higher people's courts of provinces, autonomous regions, or municipalities directly under the Central Government.

  2. In the event that major and complex criminal cases in remote areas with extremely poor communications cannot be concluded within the time limit stipulated in the Criminal Procedure Law for holding the defendant in custody during investigation or within the time limit for trial in a case of first or second instance, the time limit for case-handling may be appropriately extended. The extension of the time limit for case-handling and the measures for its examination and approval shall be dealt with in pursuance of item (1) above.

  When the time limit for case-handling may be extended in remote areas with extremely poor communications, such areas shall be designated by the standing committees of the people's congresses of the relevant provinces or autonomous regions.

  3. If in the course of investigation the defendant is found to have committed other serious crimes, supplementary investigation may be conducted upon approval of or decision by the people's procuratorate, and the time limit for holding the defendant in custody during investigation may be calculated a new.

  4. A defendant held in custody who is subject to investigation, prosecution or trial in a case of first or second instance which cannot be concluded within the time limit stipulated in the Criminal Procedure Law and who, if permitted to obtain a guarantor pending trial or to live at home under surveillance, will pose no threat to society may obtain a guarantor pending trial or live at home under surveillance. The period during which he obtains a guarantor pending trial or lives a them under surveillance shall not be counted in the time limit for case-handling as stipulated in the Criminal Procedure Law, but the hearing of the case shall not be suspended.

  5. In the event of a case of public prosecution reviewed and brought by the people's procuratorates and heard by a people's court where the defendant is not held in custody, the handling of the case is not subject to the restriction of the time limits stipulated in Articles 97, 125 and 142 of the Criminal Procedure Law, but the hearing of the case shall not be suspended.

  6. In the event a case of public prosecution over which a people's procuratorate or people's court has jurisdiction is transferred, the time limit for case-handling shall be reckoned from the date when the new case-handling organ receives the case.

  7. In the event a people's court has returned a case to a people's procuratorate for supplementary investigation, the latter shall complete the supplementary investigation within one month. After supplementary investigation has been completed and the case has been returned to the people's court, the court shall calculate anew the time limit for case-hearing.

  8. Where a people's court of second instance returns a case for retrial to the people's court which originally handled the case, the latter people's court shall calculate anew the time limit for case-hearing from the date it receives the returned case.

  9. The time period during which a defendant undergoes examination for determination of mental illness shall not be counted in the time limit for case-handling.

  10. These Provisions shall go into effect on the day of their promulgation.

  Appendix: The Relevant Articles in the Criminal Procedure Law

  Article 92 The time limit for holding a defendant in custody during investigation shall not exceed two months. If the circumstances of a case are complex and the case cannot be concluded before the expiration of that period, an extension of one month may be allowed with the approval of the people's procuratorate at the next higher level.

  In the event a particularly grave and complicated case still cannot be concluded within the extension period provided in the preceding paragraph, the Supreme People's Procuratorate shall request the Standing Committee of the National People's Congress to approve a postponement of the hearing of the case.

  Article 97 A people's procuratorate shall make a decision within one month on a case that a public security organ has transferred to it with a recommendation to initiate a public prosecution or exempt it from prosecution; an extension of half a month may be allowed for major and complicated cases.

  Article 125 A people's court shall pronounce judgment on a case of public prosecution within one month, or one and a half months at the latest, after accepting it for trial.

  Article 142 A people's court of second instance shall conclude the trial of a case of appeal or protest within one month, or one and a half months at the latest, after accepting it for trial.

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