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中华人民共和国刑事诉讼法(修正)(一)

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中华人民共和国刑事诉讼法(修正)
CRIMINAL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA [1996]

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, revised in accordance with the Decision on Amendments of the Criminal Procedure Law of the People's Republic of China adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996)
颁布日期:19960317  实施日期:19970101  颁布单位:全国人大

  Contents

  Part One General Provisions

  Chapter I Aim and Basic Principles

  Chapter II Jurisdiction

  Chapter III Withdrawal

  Chapter IV Defense and Procuration

  Chapter V Evidence

  Chapter VI Compulsory Measures

  Chapter VII Incidental Civil Actions

  Chapter VIII Time Periods and Service

  Chapter IX Other Provisions

  Part Two Filing a Case, Investigation and Initiation of Public Prosecution

  Chapter I Filing a Case

  Chapter II Investigation

  Section 1 General Provisions

  Section 2 Interrogation of the Criminal Suspect

  Section 3 Questioning of the Witnesses

  Section 4 Inquest and Examination

  Section 5 Search

  Section 6 Seizure of Material Evidence and Documentary Evidence

  Section 7 Expert Evaluation

  Section 8 Wanted Orders

  Section 9 Conclusion of Investigation

  Section 10 Investigation of Cases Directly Accepted by People's Procuratorates

  Chapter III Initiation of Public Prosecution

  Part Three Trial

  Chapter I Trial Organizations

  Chapter II Procedure of First Instance

  Section 1 Cases of Public Prosecution

  Section 2 Cases of Private Prosecution

  Section 3 Summary Procedure

  Chapter III Procedure of Second Instance

  Chapter IV Procedure for Review of Death Sentences

  Chapter V Procedure for Trial Supervision

  Part Four Execution

  Supplementary Provisions

  Part One General Provisions

  Chapter I Aim and Basic Principles

  Article 1 This Law is enacted in accordance with the Constitution to guarantee the correct implementation of the Criminal Law, punish crimes, protect the people, ensure the national security and social public security and maintain the social order of the socialist society.

  Article 2 The Criminal Procedure Law makes it the objective to ensure the accurate and timely ascertainment through investigation of the criminal facts, the proper application of the law and punishments of criminals, to protect innocent people from undergoing criminal prosecution, to educate citizens to observe law voluntarily and take an active part in the struggle against criminal acts, to uphold the socialist legal system, to protect the personal rights, property rights, democratic rights and other rights of citizens, and to ensure the smooth progress of socialist construction.

  Article 3 The public security organs are responsible for investigation, detention, execution of arrests and preliminary examination. The people's procuratorates are responsible for conducting procuratorial work, approving arrests, investigating cases directly accepted by the procuratorates and initiating public prosecutions. The people's courts are responsible for adjudication. Any other organs, organizations and individuals have no right to exercise such power, unless otherwise provided by law.

  In conducting criminal proceedings, the people's courts, the people's procuratorates and the public security organs must strictly observe this Law and any relevant stipulations of other laws.

  Article 4 The state security organs shall, according to the stipulations of the law, handle criminal cases endangering the state security and exercise the functions and power identical with those of the public security organs.

  Article 5 The people's courts shall, according to the stipulations of the law, exercise independently judicial power and the people's procuratorates shall, according to the stipulations of the law, exercise independently procuratorial power, both of which shall be free of any interference by administrative organs, social organizations and individuals.

  Article 6 In conducting criminal proceedings, the people's courts, the people's procuratorates and the public security organs must rely on the masses, base themselves on facts and take the law as the criterion. The law applies equally to all citizens and no privilege whatsoever is permissible before the law.

  Article 7 In conducting criminal proceedings, the people's courts, the people's procuratorates and the public security organs shall divide the responsibilities, coordinate their efforts and check each other to ensure the correct and effective enforcement of the law.

  Article 8 The people's procuratorates shall, according to law, exercise legal supervision over criminal lawsuits.

  Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The people's courts, the people's procuratorates and the public security organs shall provide interpretations or translations for any party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality.

  Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents shall be issued in the written language commonly used in the locality.

  Article 10 In trying cases, the people's courts shall apply the system whereby the second instance is final.

  Article 11 Cases in the people's courts shall be heard in public, unless otherwise provided by this Law. The accused shall have the right to defense, and the people's courts shall have the duty to guarantee his/her defense.

  Article 12 No person shall be held guilty in absence of a judgment rendered by the people's court according to law.

  Article 13 In trying cases, the people's courts shall apply the system of people's assessors taking part in trials in accordance with this Law.

  Article 14 The people's courts, the people's procuratorates and the public security organs shall safeguard the procedural rights to which participants in proceedings are entitled according to law.

  In cases where a minor under the age of 18 commits a crime, the legal representative of the criminal suspect or the accused may be notified to be present at the time of interrogation and trial.

  Participants in proceedings shall have the right to file charges against judicial, procuratorial and investigatory personnel whose acts infringe on their citizens' procedural rights or subject their persons to indignities.

  Article 15 Subject to one of the following instances, no criminal responsibility shall be investigated, and if investigation has been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the hearing shall be terminated, or innocence shall be declared:

  (1) If an act is obviously of minor importance, causing no serious harm, and is therefore not deemed a crime;

  (2) If the limitation period for criminal prosecution has expired;

  (3) If an exemption of criminal punishment has been granted in a special amnesty decree;

  (4) If the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn;

  (5) If the criminal suspect or the accused is deceased; or

  (6) Other instances for which laws provide an exemption from investigation of criminal responsibility.

  Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.

  If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels.

  Article 17 The judicial organs of the country and their counterparts of foreign countries may mutually request judicial assistance in criminal cases, in accordance with the international treaties concluded or acceded to by the People's Republic of China, or according to reciprocal principle.

  Chapter II Jurisdiction

  Article 18 Public security organs shall conduct investigations into criminal cases unless otherwise stipulated by law.

  People's procuratorates shall file cases and conduct investigations into crimes regarding corruption, crimes regarding dereliction of duty committed by public employees of the state, crimes regarding infringement on the personal rights of, and on the democratic rights of, citizens committed by staff personnel of state organizations by abusing their authority in respect of illegal detention, extortion by torture of confession, retaliation and false charges, and illegal rummage. Other cases involving serious crimes committed by staff personnel of state organizations by abusing their authority, may be filed with and investigated by people's procuratorates, subject to the decision made by the people's procuratorate at provincial level or above, when the people's procuratorate concerned is required to directly accept the case.

  Cases of private prosecution shall be accepted directly by the people's courts.

  Article 19 The basic people's courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases which fall under the jurisdiction of the people's courts at higher levels as stipulated by this Law shall be exceptions.

  Article 20 The intermediate people's courts shall have jurisdiction as courts of first instance over the following criminal cases:

  (1) Counter-revolutionary cases and cases endangering the national security;

  (2) Ordinary criminal cases possibly resulting in a judgment of life imprisonment or death penalty; and

  (3) Criminal cases involving crimes committed by foreigners.

  Article 21 The higher people's courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire province (or municipality directly under the Central Government, or autonomous region)。

  Article 22 The Supreme People's Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole nation.

  Article 23 When necessary, people's courts at higher levels may try criminal cases over which people's courts at lower levels have jurisdiction as courts of first instance. If a people's court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial by a people's court at a higher level, it may request that the case be transferred to the people's court at the next higher level for trial.

  Article 24 A criminal case shall be under the jurisdiction of the people's court in the place where the crime was committed. If it is more appropriate for the case to be tried by the people's court in the place where the accused resides, then that court may have jurisdiction over the case.

  Article 25 When two or more people's courts at the same level have jurisdiction over a case, it shall be tried by the people's court that first accepted it. When necessary the case may be transferred for trial to the people's court in the principal place where the crime was committed.

  Article 26 A people's court at a higher level may instruct a people's court at a lower level to try a case over which jurisdiction is unclear and may also instruct a people's court at a lower level to transfer the case to another people's court for trial.

  Article 27 The jurisdiction over cases in special people's courts shall be stipulated separately.

  Chapter III Withdrawal

  Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:

  (1) If he/she is a party or a near relative of a party to the case;

  (2) If he/she or a near relative of his/her has an interest in the case;

  (3) If he/she has served as a witness, expert witness or defender in the current case or has represented a party in an incidental civil action; or

  (4) If he/she has any other relations with a party to the case that could affect the impartial handling of the case.

  Article 29 Judicial, procuratorial and investigatory personnel shall not be allowed to accept invitation to entertainment or gifts by the party and the persons entrusted by him/her, or shall not be allowed to meet, in violation of stipulations, the party and the persons entrusted by him/her.

  Judicial personnel, procuratorial personnel and investigatory personnel who have violated the provisions in the preceding paragraph, shall according to law be investigated into the legal responsibility. The party and his/her legal representative have the right to apply for the withdrawal of the personnel concerned.

  Article 30 The withdrawal of judicial, procuratorial and investigatory personnel shall be determined respectively by the president of the court, the chief procurator, and the head of a public security organ; the withdrawal of the president of the court shall be determined by the court's judicial committee; and the withdrawal of the chief procurator or the head of a public security organ shall be determined by the procuratorial committee of the people's procuratorate at the corresponding level.

  A member of the investigatory personnel may not suspend investigation of a case before a decision is made on his/her withdrawal.

  In response to the decision on rejection of a party's application for withdrawal, the party and his/her legal representative may apply for a final reconsideration.

  Article 31 The Provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses.

  Chapter IV Defense and Procuration

  Article 32 In addition to the exercise by himself/herself of the right to defense, the criminal suspect or the accused may entrust one or two persons as his/her defenders, and following persons may be entrusted to be defenders:

  (1) Lawyers;

  (2) Persons recommended by a people's organization or the unit by which the criminal suspect or the accused is employed; and

  (3) Guardians, relatives and friends of the criminal suspect or the accused.

  The persons undergoing criminal punishments or being deprived of or restrained from personal liberty according to law shall not act as defenders.

  Article 33 The right of a criminal suspect to entrust defenders in public prosecution accrues on the day when the case is submitted for examination and prosecution. The accused in a private prosecution has the right to entrust defenders at any time.

  The people's procuratorate shall, within three days from the day of receiving the file of the case submitted for examination and prosecution, inform the criminal suspect of the right to entrust defenders. The people's court shall, within three days from the day of accepting the private prosecution, inform the accused of the right to entrust defenders.

  Article 34 In case a public prosecutor appears in court to conduct a public prosecution while the accused has not entrusted his/her defenders on account of economic difficulty or for other reasons, the people's court may designate a lawyer duty-bound to provide legal assistance to defend him/her.

  In case the accused who is blind, deaf or mute or who is a minor, does not entrust a defender, the people's court shall designate a lawyer duty-bound to provide legal assistance to defend him/her.

  In case the accused who may possibly be sentenced to death penalty does not entrust a defender, the people's court shall designate a lawyer duty-bound to provide legal assistance to defend him/her.

  Article 35 The responsibility of a defender shall be to present, according to the facts and the law, materials and opinions proving the innocence of the criminal suspect or the accused, the pettiness of his/her crime and the need for a mitigated punishment or exemption from criminal responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the accused.

  Article 36 The defense lawyer may, from the day of the examination by the people's procuratorate of the prosecution case, consult, make extracts from and reproduce the file documents, documents of technical examination, and may meet and correspond with the criminal suspect in custody. Other defenders with the permit of the people's procuratorate may consult, make extracts from and reproduce the a fore-said file documents, and may meet and correspond with the criminal suspect in custody.

  Defense lawyer may, from the day of accepting the case by the people's court, consult, make extracts from and reproduce the file documents on criminal facts accused of, and may meet and correspond with the accused in custody. Other defenders with the permit of the people's court may consult, make extracts from and reproduce a fore-said file documents, and meet and correspond with the accused in custody.

  Article 37 The defense lawyer may, with the consent of the witnesses or other relevant units and individuals, acquire information related to the case from them, or may apply to the people's procuratorate, or people's court for collecting or obtaining by order the evidence, or apply to people's court for notifying witnesses to testify in the court.

  The defense lawyer, with the permit by the people's procuratorate or people's court, may with the consent of the victim, his/her near relatives or the witnesses provided by the victim, acquire information related to the case from them.

  Article 38 The defense lawyer and other defenders shall not assist the criminal suspects or the accused to conceal, destroy, frame up evidence or act to collude with each other's confessions, and shall not threaten, entice witnesses to make alterations in testimony, and shall not commit any acts which may cause interference in prosecution activities conducted by judicial organs.

  Legal responsibility shall be investigated into for violating the provisions of the preceding paragraph.

  Article 39 During a trial, the accused may refuse to have his/her defender continue to defend him/her and may entrust his/her defense to another defender.

  Article 40 The victim and his/her legal representative or near relatives in public prosecution, the parties and their legal representatives in an incidental civil action, have the right to entrust agents ad litem from the day when the case is submitted for examination and prosecution. The prosecutor and his/her legal representative in private prosecution, the parties and their legal representatives in an incidental civil action have the right to entrust agents ad litem at any time.

  The people's procuratorate shall, within three days from the day of receiving the file of the case submitted for examination and prosecution, inform the victim and his/her legal representative or near relatives, the parties and their legal representatives in an incidental civil action of the right to entrust agents ad litem. The people's courts shall, within three days from the day of accepting a private prosecution, inform the prosecutor and his/her legal representative, the parties and their legal representatives in an incidental civil action of the right to entrust agents ad litem.

  Article 41 Agents ad litem shall be entrusted by reference to the stipulations of Article 32 of this Law.

  Chapter V Evidence

  Article 42 All facts that prove the true circumstances of a case shall be evidence.

  There shall be the following six categories of evidences:

  (1) material evidence and documentary evidence;

  (2) testimony of witnesses;

  (3) statements of victims;

  (4) statements and exculpations of criminal suspects or the accused;

  (5) expert conclusions;

  (6) records of inquests and examination; and

  (7) video and audio materials.

  Article 43 Judicial, procuratorial and investigatory personnel must, in accordance with the legally prescribed process, collect various kinds of evidence that can prove the guilt or innocence of the criminal suspect or the accused and the gravity of his/her crime. It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought in to help the investigation.

  Article 44 The public security organ's request for approval of arrest, the people's procuratorate's bills of prosecution and the people's court's written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.

  Article 45 The people's courts, the people's procuratorates and the public security organs are empowered to collect, obtain by order evidence from relevant units and individuals. The relevant units and individuals shall furnish the true evidence.

  Evidence involving state secrets shall be kept confidential.

  Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he/she belong to, must be investigated under the law.

  Article 46 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral statements. The accused cannot be found guilty and sentenced to a criminal punishment if there is only his/her statement but no evidence; the accused may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his/her statement.

  Article 47 The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined in the courtroom by both sides, that is, the public prosecutor and victim as well as the accused and defenders, and after the testimonies of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with the law.

  Article 48 All those who have information about a case shall have the duty to testify.

  Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves shall not be qualified as witnesses.

  Article 49 The people's courts, people's procuratorates and public security organs shall guarantee the safety of witnesses and their near relatives.

  Criminal responsibility shall be investigated according to law for menace, humiliation, beating, retaliation done tow it nesses and their near relatives in case of a crime established; and if the seriousness is not enough for criminal punishments, an administrative penalty for public security shall be imposed according to law.

  Chapter VI Compulsory Measures

  Article 50 The people's courts, the people's procuratorates and the public security organs may, according to the circumstances of a case, summon by warrant the criminal suspect or the accused, or order him/her to be bailed out for summons or reside under surveillance.

  Article 51 The people's courts, people's procuratorates and public security organs may allow a criminal suspect or the accused to be bailed out for summons or reside under surveillance, who is subjected to one of the following conditions:

  (1) Being possibly sentenced to surveillance, criminal detention or incidental punishment independently applicable; or

  (2) Being possibly sentenced to a punishment not less than fixed-term imprisonment, but allowing him/her to be out on bail or reside under surveillance may not possibly cause danger to the society.

  Bail out for summons and reside under surveillance shall be executed by public security organs.

  Article 52 A criminal suspect or the accused in custody and his/her legal representative and near relatives have the right to apply for bail out for summons.

  Article 53 The people's courts, people's procuratorates and public security organs that decide on bailing out for summons or residing under surveillance of a criminal suspect or the accused, shall order the criminal suspect or the accused to obtain a guarantor or pay the bail.

  Article 54 Guarantors must meet the following conditions:

  (1) Having no bearing on the cases concerned;

  (2) Being capable to perform a guarantor's obligations;

  (3) Enjoying political rights and personal liberty is not restrained; and

  (4) Having fixed residence and regular income.

  Article 55 Guarantors shall perform the following obligations:

  (1) Supervise the guaranteed person who shall observe the stipulations of Article 56 of this Law; and

  (2) Make timely report to the executing organ on the acts which the guaranteed person may possibly do or has already done in violation of the stipulations of Article 56 of this Law.

  A guarantor who fails to make timely report on the acts committed by the guaranteed person in violation of the stipulations of Article 56 of this Law shall be fined, and if a crime is proved, shall be investigated into the criminal responsibility according to law.

  Article 56 Criminal suspects or the accused who have been bailed out for summons shall observe the following stipulations:

  (1) Shall not be allowed to leave the cities, counties they live in without the permit of the executing organs;

  (2) Shall present themselves in time when being summoned;

  (3) Shall not interfere in any manner with witnesses in testifying; and

  (4) Shall not destroy, frame up evidence or act in collusion to make confessions.

  In case of violation of the stipulations of the preceding paragraph by criminal suspects or the accused being bailed out for summons, the bail already paid shall be confiscated and criminal suspects or the accused shall be ordered, according to various circumstances, to make a statement of repentance, to pay again the bail, to obtain a guarantor, or to reside under surveillance or shall be arrested. Criminal suspects or the accused who have not violated the stipulations of the preceding paragraph when being out on bail, shall be refunded the bail that has been paid on expiration of the period for bailing out for summons.

  Article 57 Criminal suspects or the accused residing under surveillance shall observe the following stipulations:

  (1) Shall not leave the dwelling place without the permit of the executing organs, or in absence of a fixed dwelling place, shall not leave the appointed dwelling place without the permit of the executing organs;

  (2) Shall not meet other persons without the permit of the executing organs;

  (3) Shall present themselves in time when being summoned;

  (4) Shall not interfere in any manner with witnesses in testifying; and

  (5) Shall not destroy, frame up evidence or act in collusion to make confessions.

  Criminal suspects or the accused who reside under surveillance may be arrested for serious violation of the stipulations of the preceding paragraph.

  Article 58 The people's courts, people's procuratorates and public security organs shall allow criminal suspects or the accused to be bailed out for summons for a maximum period of twelve months, and to reside under surveillance for a maximum period of six months.

  In the period of bailing out for summons or residing under surveillance, investigation, prosecution and examination of the case shall not be suspended. In case it is found that criminal responsibility shall not be investigated, or on the expiration of the period of bailing out for summons or residing under surveillance, the bailing out for summons or residing under surveillance shall be timely removed, and criminal suspects or the accused and the units concerned shall be timely informed of such removal.

  Article 59 Arrests must be approved by a people's procuratorate or decided by a people's court and must be carried out by a public security organ.

  Article 60 When criminal facts have been proved by evidence and the criminal suspect or the accused could be sentenced to a punishment not less than imprisonment, and if such measures as ordering him/her to be bailed out for summons or reside under surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating arrest, the criminal suspect or the accused shall be immediately arrested according to law.

  If a criminal suspect or the accused who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own baby, the criminal suspect or the accused may be allowed to be bailed out for summons or reside under surveillance.

  Article 61 Public security organs may initially detain an active criminal or a major suspect under any of the following conditions:

  (1) If he is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime;

  (2) If he is identified as having committed a crime by a victim or an eyewitness;

  (3) If criminal evidence is found on his/her body or at his/her residence;

  (4) If he/she attempts to commit suicide or escape after committing the crime, or he/she is a fugitive;

  (5) If there is likelihood of his/her destroying or falsifying evidence or colluding with others to give false statements;

  (6) If he/she does not tell true name, address, and his/her identity is unknown;

  (7) If he/she is strongly suspected of being a runaway criminal or a criminal committing crimes repeatedly or in group.

  Article 62 A public security organ effecting criminal detention or arrest in another area, shall inform the public security organ of that area wherein the person to be detained or arrested is located, and the public security organ in that area shall render coordination.

  Article 63 The persons listed below may be seized outright by any citizen and delivered to a public security organ, a people's procuratorate or a people's court for handling:

  (1) any person who is committing a crime or is discovered immediately after committing a crime;

  (2) any person who is wanted for arrest;

  (3) any person who has escaped from prison; and

  (4) any person who is being pursued for arrest.

  Article 64 When detaining a person, a public security organ must produce a detention warrant.

  Within 24 hours after a person has been detained, his/her family or the unit to which he belongs shall be notified of the reasons for detention and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.

  Article 65 A public security organ shall interrogate a detainee within 24 hours after detention. if it is found that the person should not have been detained, he/she must be immediately released and issued a release certificate. If the public security organ finds it necessary to arrest a detainee when sufficient evidence is still lacking, it may allow the detainee to be bailed out for summons or reside under surveillance.

  Article 66 When a public security organ intends to arrest a criminal suspect, it shall submit a written request for approval of arrest together with the case file and evidence to the people's procuratorate at the same level for examination and approval. When necessary, the people's procuratorate may send its personnel to participate in the public security organ's discussion of a major case.

  Article 67 The chief procurator shall make the decision in a people's procuratorate's examination and approval of an arrest. Major cases shall be submitted to the procuratorial committee for discussion and decision.

  Article 68 A people's procuratorate, having examined and considered the case submitted by the public security organ requesting for the approval of arrest, shall according to the circumstances make a decision on approval or disapproval of such arrest. In case of a decision on approval of such arrest, the public security organ shall promptly execute the arrest, and shall duly inform the people's procuratorate of the performance of the arrest. In case of a decision on disapproval of the arrest, the people's procuratorate shall state the reasons and, if supplementary investigation is required, shall inform the public security organ simultaneously.

  Article 69 The public security organ, holding that it is necessary to arrest a detainee, shall, within three days after the detention, submit it to the people's procuratorate for examination and approval. Under special circumstances, the time limit for the submission may be extended by one to four days.

  With regard to those who are strongly suspected of being runaway criminals or of being criminals committing crimes repeatedly or in group, the time limit for submission and approval may be extended to thirty days.

  The people's procuratorate shall, within seven days after the day of receiving the request for approval of arrest submitted by the public security organ, make a decision on approval or disapproval of the arrest. In case of disapproval of the arrest by the people's procuratorate, the public security organ shall promptly release the detainee after receiving the notice, and shall duly inform the people's procuratorate of such release. Where further investigation is required and in conformity with the conditions for bailing out for summons or residing under surveillance, bailing out for summons or residing under surveillance shall be conducted according to law.

  Article 70 If the public security organ considers the people's procuratorate's decision to disapprove an arrest to be incorrect, it may request a reconsideration but must immediately release the detainee. If the public security organ's opinion is not accepted, it may request a review by the people's procuratorate at the next higher level. The higher people's procuratorate shall immediately review the matter, decide whether or not to make a change and notify the lower people's procuratorate and the public security organ to implement the decision.

  Article 71 When making an arrest, a public security organ must produce an arrest warrant.

  Within 24 hours after an arrest, the family of the arrested person or the unit to which he/she belongs shall be notified of the reasons for arrest and the place of detention, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.

  Article 72 Interrogation must be conducted within 24 hours after the arrest, by a people's court or people's procuratorate with respect to a person it has decided to arrest, and by a public security organ with respect to a person it has arrested with the approval of the people's procuratorate. If it is found that the person should not have been arrested, he/she must be immediately released and issued a release certificate.

  Article 73 The people's courts, people's procuratorates and public security organs, if finding improper compulsory measures have been taken against the criminal suspects or the accused, shall timely withdraw or make alterations. Public security organs, releasing arrested persons or making change in the measures of arrests, shall accordingly inform the people's procuratorates making the original approval.

  Article 74 Where cases involving criminal suspects or the accused in custody which can not be wound up within the time limit stipulated in this Law for custody for investigation, examination and prosecution, or trial either in the first instance or in the second instance, require continued investigation, examination or trial, the criminal suspects or the accused may be bailed out for summons or reside under surveillance.

  Article 75 Criminal suspects or the accused and their legal representatives, near relatives or the lawyers and other defenders entrusted by the criminal suspects or the accused have the right to demand the removal of compulsory measures, provided the compulsory measures taken by the people's courts, people's procuratorates or public security organs exceed the time limit stipulated by Law. The people's courts, people's procuratorates and public security organs shall, subject to the compulsory measures exceeding the prescribed time limit, release the criminal suspects or the accused, remove bailing out for summons or residing under surveillance or shall according to law change the compulsory measures.

  Article 76 If in the process of examining and approving arrests, a people's procuratorate discovers illegalities in the investigatory activities of the public security organ, it shall notify the public security organ to make corrections, and the public security organ shall notify the people's procuratorate of what corrections have been made.

  Chapter VII Incidental Civil Actions

  Article 77 If a victim has suffered material losses as a result of the criminal act of the accused, he/she shall have the right to file an incidental civil action during the course of the criminal proceeding.

  If losses have been caused to state property or collective property, the people's procuratorate may file an incidental civil action while initiating a public prosecution.

  When necessary, the people's court may seal up or distrain upon the property of the accused.

  Article 78 An incidental civil action shall be heard together with the criminal case. Only for the purpose of preventing excessive delay in a trial of the criminal case may the same judicial organization, after completing the trial of the criminal case, continue to hear the incidental civil action.

  Chapter VIII Time Periods and Service

  Article 79 Time periods shall be calculated by the hour, the day and the month.

  The hour and day from which a time period begins shall not be counted as within the time period.

  A legally prescribed time period shall not include traveling time. Appeals or other documents that have been mailed before the expiration of the time period shall not be regarded as overdue.

  Article 80 When a party cannot meet a deadline due to irresistible causes or for other legitimate reasons, he/she may, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.

  A people's court shall decide whether or not to approve the application described in the preceding paragraph.

  Article 81 Summons, notices and other court documents shall be delivered to the addressee himself/herself; if the addressee is absent, the documents may be received on his/her behalf by an adult member of his/her family or a responsible person of his/her unit.

  If the addressee or a recipient on his/her behalf refuses to accept the documents or refuses to sign and affix his/her seal to the receipt, the person serving the documents may ask the addressee's neighbors or other witnesses to the scene, explain the situation to them, leave the documents at the addressee's residence, record on the service certificate the particulars of the refusal and the date of service and sign his/her name to it; the service shall thus be deemed to have been completed.

  Chapter IX Other Provisions

  Article 82 For the purpose of this Law, the definitions of the following terms are:

  (1) Investigation refers to the specialized investigatory work and related compulsory measures carried out according to law by public security organs and people's procuratorates in the process of handling cases;

  (2) Parties refer to the victim, private prosecutor, criminal suspect, the accused, and the plaintiff and defendant in an incidental civil action;

  (3) Legal representatives refer to the parents, foster parents or guardians of a person being represented and representatives of the government organ or people's organization responsible for that person's protection;

  (4) Participants to litigation refer to the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and interpreters; and

  (5) Agents ad litem refer to the persons entrusted by the victim or his/her legal representative or near relatives to participate on their behalf in the proceedings of public prosecutions, or persons entrusted by the prosecutors or their legal representatives to participate on their behalf in the proceedings of private prosecutions, or the persons entrusted by the parties or their legal representatives to participate on their behalf in the proceedings of an incidental civil action.

  (6) Near relatives refer to a person's husband or wife, father, mother, son(s), daughter(s), and brother(s) and sister(s)born of the same parents.

  Part Two Filing a Case, Investigation and Initiation of Public Prosecution

  Chapter I Filing a Case

  Article 83 The public security organs or people's procuratorates shall, upon discovering criminal facts or criminal suspect, file a case and conduct investigation according to their respective jurisdiction.

  Article 84 Any units and individuals shall, upon discovering criminal facts or criminal suspects, have the right and duty to make a report on a case or to give information of a case to a public security organ, people's procuratorate or people's court.

  The victim has the right to report the case to or lodge his/her complaints with the public security organ, people's procuratorate or people's court in respect of the infringement on his/her personal or property rights.

  Public security organ, people's procuratorate or people's court shall accept the report on a case or complaint or the information of a case, which, if not coming within their own jurisdiction, shall be referred to the competent organs for disposal, and the reporter of a case, complainant, informer shall be notified accordingly; and which, meriting emergent measures though not coming within their own jurisdiction, shall be handled with emergent measures before they are referred to the competent organs.

  In case offenders present themselves before the public security organs, people's procuratorates or people's courts, the stipulations of Paragraph 3 shall apply.

  Article 85 Reports on cases, complaints and information of cases may be filed in writing or orally. The person receiving an oral report, complaint or information shall make a written record of it, which after being read to the reporter, complainant or informer and free of error, shall be signed or sealed by the reporter, complainant or informer.

  The person receiving a complaint or information of a case shall clearly explain to the complainant or informer the legal responsibility that shall be incurred for making a false accusation. However, a complaint or information of a case that does not accord with the facts, or even a mistaken accusation shall be strictly distinguished from a false accusation, as long as no fabrication of facts or falsification of evidence is involved.

  Public security organs, people's procuratorates or people's courts shall guarantee the safety of reporter of a case, complainant, informer and their near relatives, and shall keep them confidential, if a case reporter, complainant or informer does not wish to make open to the public his/her name and the acts to make report, accuse and give information.

  Article 86 A people's court, people's procuratorate or public security organ shall, within the scope of its jurisdiction, promptly examine the materials provided by a reporter, complainant or informer and the confession of an offender who has voluntarily surrendered. If it believes that there are facts of a crime and criminal responsibility should be investigated, it shall file a case. if it believes that there are no facts of a crime or that the facts are obviously incidental and do not require investigation of criminal responsibility, it shall not file a case and shall notify the complainant of the reason. If the complainant does not agree with the decision, he/she may ask for reconsideration.

  Article 87 Where a people's procuratorate finds that a case which should be filed with a public security organ for investigation has not been filed for investigation, or it is submitted to a people's procuratorate by the victim that the case should be filed with a public security organ for investigation but has not been filed for investigation, the people's procuratorate shall request the public security organ to state the reason for not filing the case with it. The people's procuratorate, submitting that the reason for not filing the case by the public security organ is unsustainable, shall notify the public security organ to file the case and the public security organ shall file the case upon receiving the notice.

  Article 88 The victim in private prosecution has the right to lodge the prosecution directly to a people's court. In case the victim has died or lost the capability to exercise his/her right, his/her legal representative and near relatives have the right to initiate the prosecution in the people's court which shall accept the case according to law.

  Chapter II Investigation

  Section 1 General Provisions

  Article 89 A public security organ, having filed a criminal case, shall conduct investigations, collect or obtain by order evidence proving guilt or innocence of a criminal suspect or minor or serious crimes. An active criminal or major criminal suspect may be detained in advance according to law, and a criminal suspect in conformity with the conditions for arrest shall be arrested according to law.

  Article 90 The public security organ, having conducted investigations into the case in which criminal facts have been proved by evidence, shall conduct preliminary examination to verify the evidence collected or obtained by order.

  Section 2 Interrogation of the Criminal Suspect

  Article 91 Interrogation of a criminal suspect must be conducted by the investigatory personnel of a people's procuratorate or public security organ. During an interrogation, there must be no fewer that two members of the investigatory personnel participating.

  Article 92 A criminal suspect, who needs not be arrested or detained, may be summoned to and interrogated at a designated place in a city or county the criminal suspect is located or interrogated at his residence, and at the interrogation the certificate issued by a people's procuratorate or public security organ shall be produced.

  The interrogation made to a criminal suspect summoned or summoned by warrant shall not exceed a continuous period of twelve hours or the criminal suspect shall not be subject to a disguised detention by continuous summons or summons by warrant.

  Article 93 When interrogating a criminal suspect, the investigatory personnel shall first ask the criminal suspect whether or not he/she has committed any criminal act, and let him/her state the circumstances of his/her guilt or explain his/her innocence; then they may ask him/her other questions. The criminal suspect shall answer the investigatory personnel's questions truthfully, but he/she shall have the right to refuse to answer any questions that are irrelevant to the case.

  Article 94 During the interrogation of a criminal suspect who is deaf or mute, a person who has a good command of sign language shall participate, and such circumstances shall be noted in the record.

  Article 95 The record of an interrogation shall be shown to the criminal suspect for checking; if the criminal suspect cannot read, the record shall be read to him/her. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. When the criminal suspect acknowledges that the record is free from error, he/she shall sign or affix his/her seal to it. The investigatory personnel shall also sign the record. If the criminal suspect requests to write a personal statement, he/she shall be permitted to do so. When necessary, the investigatory personnel may ask the criminal suspect to write a personal statement.

  Article 96 A criminal suspect may, after the first interrogation by the investigatory organ or from the day of the compulsory measures to be taken, retain a lawyer to provide him/her with legal consultancy or act on his/her behalf to make petition or complaints. The lawyer retained by the arrested criminal suspect may apply for the suspect for bailing out for summons. In cases involving the state secrets, the retaining of a lawyer by the criminal suspect shall be approved by the investigatory organ.

  The lawyer retained has the right to be informed by the investigatory organ of the crimes of the criminal suspect, and may meet the criminal suspect in custody and obtain from the suspect information on the case concerned. When the lawyer meets the criminal suspect in custody, the investigatory organ may have its personnel present at the meeting according to the circumstances of the case and necessity. In cases involving the state secrets, the meeting by the lawyer with the criminal suspect in custody shall be approved by the investigatory organ.

  Section 3 Questioning of the Witnesses

  Article 97 Investigatory personnel may question a witness at his/her unit or residence, but they must produce a certificate issued by a people's procuratorate or public security organ. When necessary, they may also notify the witness to give testimony at the people's procuratorate or public security organ.

  Witnesses shall be questioned individually.

  Article 98 When a witness is questioned, he/she shall be instructed to provide evidence and give testimony truthfully and shall be informed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.

  In case a witness under the age of 18 is inquired, the legal representative of the witness may be notified to be present on the scene.

  Article 99 The provisions of Article 95 of this Law shall also apply to the questioning of witnesses.

  Article 100 The provisions of all articles in this Section shall apply to the questioning of victims.

  Section 4 Inquest and Examination

  Article 101 Investigatory personnel shall conduct an inquest or examination of the sites, objects, people and corpses relevant to a crime. When necessary, experts may be assigned or invited to conduct an inquest or examination under the direction of the investigatory personnel.

  Article 102 Each and every unit and individual shall have the duty to preserve the scene of a crime and to immediately notify a public security organ to send personnel to hold an inquest.

  Article 103 Investigatory personnel, conducting an inquest or inspection, must carry with them a documentary certificate issued by a people's procuratorate or public security organ.

  Article 104 If the cause of a death is unclear, a public security organ shall have the power to order an autopsy and shall notify the family members of the deceased to be present.

  Article 105 An examination may be conducted of the person of the victim or criminal suspect in order to ascertain some of his/her characteristics or physiological condition, or the circumstances of the injury.

  If a criminal suspect refuses to be examined, the investigatory personnel, when they deem it necessary, may conduct a compulsory examination.

  Examination of the person of women shall be conducted by female personnel or doctors.

  Article 106 A record shall be made of the circumstances of an inquest or examination, and it shall be signed or sealed by the participants in the inquest or examination and the eyewitnesses.

  Article 107 If, in reviewing a case, a people's procuratorate deems it necessary to repeat an inquest or examination that has been done by a public security organ, it may ask the latter to conduct another inquest or examination and may send procuratorial personnel to participate in it.

  Article 108 When necessary and with the approval of the director of a public security bureau, investigative experiments may be conducted in order to clarify the circumstances of a case.

  In conduct investigative experiments, it shall be forbidden to take any action which is hazardous, humiliating to anyone, or offensive to public morals.

  Section 5 Search

  Article 109 In order to collect criminal evidence and track down an offender, investigatory personnel may search the person, belongings and residence of the criminal suspect and anyone who might be hiding a criminal or criminal evidence, as well as other relevant places.

  Article 110 Any units and individuals have the duty to present, at the request of the people's procuratorate or public security organ, the material evidence, documentary evidence, video and audio materials which may prove the guilt or innocence of the criminal suspect.

  Article 111 When a search is to be conducted, a search warrant must be shown to the person to be searched.

  If an emergency occurs when an arrest or detention is being made, a search may be conducted without a search warrant.

  Article 112 During a search, the person to be searched or his/her family members, neighbors or other eye witnesses shall be present at the scene.

  Searches of the person of women shall be conducted by female personnel.

  Article 113 A record shall be made of the circumstances of a search, and it shall be signed or sealed by the investigatory personnel and the person searched or his/her family members, neighbors or other eyewitnesses. If the person searched or his/her family members have become fugitives or refuse to sign or affix their seals to the record, this shall be noted in the record.

  Section 6 Seizure of Material Evidence and Documentary Evidence

  Article 114 Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect's guilt or innocence shall be seized. Objects and documents which are irrelevant to the case may not be seized.

  Seized articles and documents shall be properly kept or sealed for safekeeping and may not be utilized or damaged.

  Article 115 All seized articles and documents shall be carefully checked by the investigatory personnel jointly with the eyewitnesses and the holder of the articles; a detailed list shall be made in duplicate on the spot and shall be signed or sealed by the investigatory personnel, the eye witnesses and the holder. One copy of the list shall be given to the holder, and the other copy shall be kept on a file for reference.

  Article 116 If the investigatory personnel deem it necessary to seize the mails or telegrams of a criminal suspect, they may, upon approval of a public security organ or a people's procuratorate, notify the post and telecommunications offices to hand over the relevant mails and telegrams for seizure.

  When it becomes unnecessary to continue a seizure, the post and telecommunications offices shall be immediately notified.

  Article 117 The people's procuratorates and public security organs may, according to the requirement of investigating crimes, inquire about and freeze the cash deposits or remittances according to law.

  The cash deposits and remittances of the criminal suspect which have already been frozen shall not be re-frozen.

  Article 118 The articles, documents, mails, telegrams held in custody or the frozen cash deposits and remittances which have been found irrelevant to the case through investigation, shall within three days be released from seizure and unfrozen, and be returned to their original owners or post and telecommunication offices.

  Section 7 Expert Evaluation

  Article 119 When certain special problems relating to a case need to be solved in order to clarify the circumstances of the case, experts shall be assigned or invited to give their evaluation.

  Article 120 After evaluating a matter, the expert shall write a conclusion of expert evaluation and affix his/her signature to it.

  Re-evaluation necessitated by dispute over medical expertise pertaining to physical injury or medical expertise on mental illness shall be conducted by the hospital designated by the provincial-level people's government. The medical expert, having completed his examination, shall issue a conclusive expertise with his signature and the hospital's official stamp affixed to it.

  An expert who intentionally issues a false expertise shall bear legal responsibility.

  Article 121 The investigatory organ shall inform the criminal suspect and the victim of the conclusive expertise to be used as evidence. If the criminal suspect or the victim has made an application, supplementary or fresh expertise maybe conducted.

  Article 122 The time used for conducting a mental examination on the criminal suspect shall not be counted as part of the time limit for handling the case.

  Section 8 Wanted Orders

  Article 116 If the investigatory personnel deem it necessary to seize the mails or telegrams of a criminal suspect, they may, upon approval of a public security organ or a people's procuratorate, notify the post and telecommunications offices to hand over the relevant mails and telegrams for seizure.

  When it becomes unnecessary to continue a seizure, the post and telecommunications offices shall be immediately notified.

  Article 117 The people's procuratorates and public security organs may, according to the requirement of investigating crimes, inquire about and freeze the cash deposits or remittances according to law.

  The cash deposits and remittances of the criminal suspect which have already been frozen shall not be re-frozen.

  Article 118 The articles, documents, mails, telegrams held in custody or the frozen cash deposits and remittances which have been found irrelevant to the case through investigation, shall within three days be released from seizure and unfrozen, and be returned to their original owners or post and telecommunication offices.

  Section 7 Expert Evaluation

  Article 119 When certain special problems relating to a case need to be solved in order to clarify the circumstances of the case, experts shall be assigned or invited to give their evaluation.

  Article 120 After evaluating a matter, the expert shall write a conclusion of expert evaluation and affix his/her signature to it.

  Re-evaluation necessitated by dispute over medical expertise pertaining to physical injury or medical expertise on mental illness shall be conducted by the hospital designated by the provincial-level people's government. The medical expert, having completed his examination, shall issue a conclusive expertise with his signature and the hospital's official stamp affixed to it.

  An expert who intentionally issues a false expertise shall bear legal responsibility.

  Article 121 The investigatory organ shall inform the criminal suspect and the victim of the conclusive expertise to be used as evidence. If the criminal suspect or the victim has made an application, supplementary or fresh expertise maybe conducted.

  Article 122 The time used for conducting a mental examination on the criminal suspect shall not be counted as part of the time limit for handling the case.

  Section 8 Wanted Orders

  Article 123 If a criminal suspect who should be arrested is a fugitive, a public security organ may issue a wanted order and take effective measures to pursue him/her for arrest and bring him/her to justice.

  Public security organs at any level may directly issue wanted orders within the areas under their jurisdiction; they shall request a higher-level organ with the proper authority to issue orders for areas beyond their jurisdiction.

  Section 9 Conclusion of Investigation

  Article 124 The time limit for holding the criminal suspect in custody during investigation after the arrest of the suspect shall not exceed two months. If a case has not been concluded on the expiration of the time limit due to its complexity, an extension of one month may be allowed with the approval of the people's procuratorate at the next higher level.

  Article 125 In the event a particularly grave and complicated case is inadvisable to submit to trial for a comparatively long time due to special reasons, the Supreme People's Procuratorate shall make a report to the Standing Committee of the National People's Congress, requesting for approval of an extension of time for examination of the case.

  Article 126 If the cases specified hereunder have not gone through the investigation on the expiration of the time limit stipulated in Article 124 of this Law, an extension of two months may be allowed subject to the approval of or decision by the people's procuratorate of the province, autonomous region or municipality directly under the Central Government:

  (1) Grave and complicated cases occurring in remote border areas with poor traffic facilities;

  (2) Grave cases committed by criminal groups;

  (3) Grave and complicated cases committed by runaway criminals; or

  (4) Grave and complicated cases which cover a wide area and are difficult in collecting evidence.

  Article 127 If cases in which the criminal suspects may possibly be sentenced to a punishment not less than ten-year imprisonment have not gone through the investigation on the expiration of the time limit stipulated in Article 126 of this Law, an extension of another two months may be allowed subject to the approval of or decision by the people's procuratorate of the province, autonomous region or municipality directly under the Central Government.

  Article 128 If it be found in the period of investigation that some other major crimes have been committed by the criminal suspect, the time limit for holding the criminal suspect in custody during investigation shall be counted anew in accordance with the stipulations of Article 124 from the day of the discovery.

  In case the criminal suspect does not tell his/her true name and address or his/her identity is unknown, the time limit for holding the criminal suspect in custody during investigation shall be counted from the day when his/her identity is confirmed, but investigation and collection of evidence for the criminal acts shall not be suspended. However, with clear criminal facts supported by conclusive and sufficient evidence, the criminal suspect may, in the name as told by himself/herself, be transferred to the people's procuratorate for examination and prosecution.

  Article 129 When the investigation by the public security organ comes to a conclusion, the case shall be wound up with clear criminal facts supported by confirmed and sufficient evidence, and a statement of opinions on prosecution shall be prepared and submitted to the people's procuratorate at the same level along with the file documents and evidence for examination and decision.

  Article 130 If it is discovered during an investigation that the criminal suspect should not have been investigated for criminal responsibility, the case shall be dismissed; if the criminal suspect is under arrest, he/she shall be released immediately and issued a release certificate, and the people's procuratorate which originally approved the arrest shall be notified.

  Section 10 Investigation of Cases Directly Accepted by People's Procuratorates

  Article 131 The stipulations of this Chapter apply to the investigation of cases directly accepted by the people's procuratorates.

  Article 132 Of the cases directly accepted by the people's procuratorates, the criminal suspects to be arrested or detained in cases conforming to the stipulations of Article 60 and Items (4) and (5) in Article 61 shall be decided by the people's procuratorate and executed by the public security organs.

  Article 133 The person in custody in a case directly accepted by the people's procuratorate shall be interrogated within twenty hours, and, upon finding that the person should not have been detained, must be promptly released with are lease certificate issued to the person. In case of need of an arrest but short of sufficient evidence, bailing out for summons or residing under surveillance may be allowed.

  Article 134 Where it is necessary to the people's procuratorate that the person in custody in a case directly accepted by the people's procuratorate be arrested, a decision shall be made within ten days; in special circumstances, the time limit for the decision-making may be extended by one to four days. If arrest is not necessary, the person shall promptly be released. If further investigation is necessary, bailing out for summons or residing under surveillance, if the required conditions are satisfied, may be allowed.

  Article 135 At the conclusion of the investigation of a case conducted by the people's procuratorate, a decision shall be made that public prosecution is initiated, or that no prosecution is initiated or that the case is dismissed.

  Chapter III Initiation of Public Prosecution

  Article 136 All cases requiring initiation of public prosecution shall be examined and decided by the people's procuratorates.

  Article 137 In examining a case, a people's procuratorate shall ascertain:

  (1) Whether the facts and circumstances of the crime are clear, whether the evidence is reliable and sufficient and whether the charge and the nature of the crime has been correctly determined;

  (2) Whether there are any crimes that have been omitted or other persons whose criminal responsibility should be investigated;

  (3) Whether it is a case in which criminal responsibility should not be investigated;

  (4) Whether the case has an incidental civil action; and

  (5) Whether the investigation of the case is being lawfully conducted.

  Article 138 A people's procuratorate shall make a decision within one month on a case submitted by a public security organ for initiating public prosecution; an extension of a half month may be allowed for major or complex cases.

  Where there is a change in the jurisdiction of a case that is undertaken by people's procuratorates for examination and prosecution, the time limit for examination and prosecution shall be counted from the day of receiving the case by the latter people's procuratorate.

  Article 139 A people's procuratorate shall, when examining a case, interrogate the criminal suspect and hear the opinions given by the victim and the persons entrusted respectively by the criminal suspect and the victim.

  Article 140 A people's procuratorate, when examining a case, may request the public security organ to furnish evidence necessary for trial in court.

  The people's procuratorate examining a case may, if finding that supplementary investigation is necessary, remand the case to the public security organ for supplementary investigation, or may conduct by itself the investigation.

  In case where supplementary investigation is to be conducted, such investigation shall be completed within a month. Supplementary investigation is limited to no more than two times. After the case is transferred to the people's procuratorate following the completion of the supplementary investigation, the people's procuratorate shall count anew the time limit for examination and prosecution.

  The people's procuratorate may decide not to initiate the prosecution if it holds the opinion that evidence is still not sufficient even after the supplementary investigations and the conditions required for prosecution are not satisfied.

  Article 141 When a people's procuratorate considers that the facts of a criminal suspect's crime have been ascertained, that the evidence is reliable and sufficient and that criminal responsibility should be investigated according to law, it shall make a decision to initiate prosecution and shall, in accordance with the provisions for trial jurisdiction, initiate a public prosecution in a people's court.

  Article 142 If the criminal suspect is subjected to any one of the instances specified in Article 15, the people's procuratorate shall make a decision not to prosecute.

  In case of minor offense for which no criminal punishment is to be imposed or for which exemption from criminal punishment may be granted in accordance with the stipulations of the Criminal Law, the people's procuratorate may make a decision not to prosecute.

  In the case where the people's procuratorate decides not to prosecute, the property held in custody or has been frozen shall be simultaneously released from the custody or unfrozen. If administrative punishment or disciplinary sanctions need be inflicted on the person who is not to be prosecuted or his/her illegal earnings need be confiscated, the people's procuratorate shall give its procuratorial opinions which shall be delivered to the competent organization concerned for further action. The competent organization concerned shall duly inform the people's procuratorate of the final upshot of the case.

  Article 143 The decision on not-to-prosecute shall be announced in public and the statement of the decision on not-to-prosecute shall be delivered to the person who is not to be prosecuted and his/her unit. If the person who is not to be prosecuted is in custody, he/she shall be promptly released.

  Article 144 The people's procuratorate that decides not to initiate prosecution on a case submitted by a public security organ for prosecution, shall deliver the statement of decision on not-to-prosecute to the public security organ. The public security organ which considers the decision on not-to-prosecute an erroneous one, may request for reconsideration, and if its opinion is not accepted, the case may be submitted to the people's procuratorate at the next higher level for review.

  Article 145 If a decision on not-to-prosecute is made upon a case involving a victim, the people's procuratorate shall deliver the statement of the decision to the victim. The victim who refuses to accept the decision may, within seven days from the day of receiving the decision, lodge his/her petition with the people's procuratorate at the next higher level, requesting for public prosecution. The people's procuratorate shall inform the victim of the decision on review. The victim may in response to the decision institute a lawsuit in the people's court. The victim may also start directly a lawsuit in the people's court, without making petition. After the people's court accepts the case, the people's procuratorate shall transfer the file of the case to the people's court.

  Article 146 If a person who is not to be prosecuted refuses to accept the not-to-prosecute decision made by the people's procuratorate in accordance with the stipulations of Paragraph 2 of Article 142 of this Law, he/she may present a petition to the people's procuratorate within seven days from the day of receiving the decision. The people's procuratorate shall make a decision on re-examination and notify the person who is not to be prosecuted, with a copy of the decision to the public security organ.

  Part III Trial

  Chapter I Trial Organizations

  Article 147 Trial of cases of first instance in the basic and intermediate people's courts shall be conducted by a collegial panel composed of three members including either three judges or judges and people's assessors in total, but trial of cases in the basic people's courts applying the summary procedure may be conducted by a single judge alone.

  Trial of cases of first instance in higher people's courts or the Supreme People's Court shall be conducted by a collegial panel composed of seven members including either three to seven judges or three to seven judges and people's assessors in total.

  When performing their functions in the people's courts, the people's assessors shall enjoy equal rights with the judges.

  Trials of appealed and protested cases in the people's courts shall be conducted by a collegial panel composed of three to five judges.

  The number of the collegial panel members shall be odd numbers.

  The president of the people's court or the chief judge of a division shall designate one judge to be the presiding judge of the collegial panel. If the president of the court or the chief judge of a division participates in a trial, he/she himself/herself shall serve as the presiding judge.

  Article 148 If differing opinions occur in the deliberation conducted by the collegial panel, a decision shall be made in accordance with the opinion of the majority members, but the opinion of the minority shall be entered in the minutes. The written minutes of the deliberation shall be signed by the members of the collegial panel.

  Article 149 The collegial panel, following the court hearing and deliberation, shall make a judgment. When the collegial panel considers it difficult to make a judgment on a difficult, complicated or grave case, it may submit the case to the president of the court for a decision whether the case is submitted to the judicial committee for discussion and decision. The collegial panel shall execute the decision made by the judicial committee.

  Chapter II Procedure of First Instance

  Section 1 Cases of Public Prosecution

  Article 150 The people's court, having examined the case submitted for public prosecution in which the criminal facts are clearly stated in the bill of prosecution and supported by list of evidence, list of witnesses and the photost at copies or photos of the significant evidence, shall decide to open the court session for trial of the case.

  Article 151 After a people's court has decided to open a court session, it shall proceed with the following work:

  (1) To determine the members of the collegial panel;

  (2) To deliver to the accused a copy of the bill of prosecution of the people's procuratorate no later than ten days prior to the opening of the court session, and inform the accused that he/she may retain defenders, or when necessary, designate a lawyer duty-bound to provide legal assistance to defend him/her;

  (3) To notify the people's procuratorate of the time and place of the court session three days before the opening of the session;

  (4) To summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and interpreters, and deliver the summons and notices no later than three days before the opening of the court session; and

  (5) To announce three days before the opening of the court session the subject issues at trial, the name of the accused, time and location of the court session.

  Article 152 The trial of cases of first instance in the people's court shall be open to the public. However, cases involving state secrets or personal privacy shall not be heard in public.

  No cases involving crimes committed by minors who have reached the age of 14 but not the age of 16 shall be heard in public. Generally, cases involving crimes committed by minors who have reached the age of 16 but not the age of 18 shall neither be heard in public.

  The reason for not hearing a case in public shall be announced in court.

  Article 153 In the trial of a case of public prosecution by the people's court, the people's procuratorate shall send its personnel to the court in support of the public prosecution, and the people's procuratorate needs not send personnel to the court where the summary procedure applies under Article 175 of this Law.

  Article 154 When a court session opens, the presiding judge shall ascertain if all the parties have appeared in court and announce the subject matter of the case. He/she shall announce the roll, naming the members of the collegial panel, the court clerk, the public prosecutor, the defender, the agent ad litem, the expert witnesses and the interpreter; he/she shall inform the parties of their right to ask any member of the collegial panel, the court clerk, the public prosecutor, any expert witness or the interpreter to withdraw; and he/she shall inform the accused of his/her right to defense.

  Article 155 After the public prosecutor has read out the bill of prosecution in court, the accused and the victim may make statements on the crimes alleged in the bill of prosecution, and the public prosecutor may question the accused.

  The victim, the plaintiff in the incidental civil action and the defender and agents ad litem may, with the permission of the presiding judge, put questions to the accused or defendant.

  The judicial personnel may put questions to the accused.

  Article 156 When witnesses testify, the judicial personnel shall instruct the witnesses to give testimony truthfully and advise him/her of the legal responsibility which may be caused to them by giving intentionally false testimony or concealing criminal evidence. The public prosecutor, parties, defenders and agents ad litem may, with the permission of the presiding judge, question the witnesses and expert witnesses. The presiding judge, when considering any questioning irrelevant to the case, shall put a stop to it.

  The judicial personnel may question the witnesses and expert witnesses.

  Article 157 The public prosecutor and defender shall show to the court material evidence for the parties to identify. The written records of testimony of the witnesses who are not present in court, the conclusions of the expert witnesses, the written records of inquest and other documents serving as evidence shall be read out in court. The judicial personnel shall hear the opinions of the public prosecutor, the parties, the defender and agents ad litem.

  Article 158 The collegial panel, if finding any evidence questionable during the court hearing, may declare adjournment, and conduct investigation to testify the evidence.

  The people's court, when investigating and verifying the evidence, may conduct inquest and inspection, effect distraint, make expert evaluation and inquiry, and freeze.

  Article 159 During a court hearing, the parties, defenders and agents ad litem shall have the right to request new witnesses to be summoned, new material evidence to be collected, a new expert evaluation to be made, and another inquest to be held.

  The court shall make a decision whether to grant the above mentioned requests.

  Article 160 The public prosecutor, the parties, the defender and agents ad litem may, with the permission of the presiding judge, make statements on the evidence and circumstances of the case, and may debate among them. After the announcement of the conclusion of debates, the accused has the right to make a final statement.

  Article 161 If any participant to the litigation or visiting audience violates the order of the court in the process of the trial, the presiding judge shall warn him/her to desist, and those who refuse the warning shall be forced out of the courtroom and, if the circumstances are serious, shall be imposed on a fine not exceeding RMB 1,000 Yuan or shall be detained for a period of not exceeding fifteen days. The fine and detention must be approved by the president of the people's court. If the punished person refuses to accept the penalty or detention, he/she may lodge a petition with the people's court at the next higher level for reconsideration. The punishment shall not be suspended during the time of reconsideration.

  Those who gather a crowd to make trouble, force into the courtroom, or humiliate, slander, threaten or beat the judicial staff members or the participants to the litigation, thereby seriously disturbing the order of the court, shall be according to law investigated into their criminal responsibility if such an act constitutes a crime.

  Article 162 The presiding judge shall, after the accused makes his/her final statement, announce the adjournment, and the collegial panel shall proceed with the deliberations and, in accordance with the ascertained facts and evidence, shall render the following judgments respectively in accordance with relevant stipulations of the law:

  (1) A guilty judgment, if the accused is held guilty according to law in a case with clear facts and confirmed and sufficient evidence;

  (2) An innocent judgment, if the accused is held innocent according to law; or

  (3) An innocent judgment due to insufficient evidence and failure of establishment of the alleged crime, if the accused can not be held guilty for the crime on account of insufficient evidence.

  Article 163 In all cases, judgments shall be pronounced publicly.

  If the judgment on a case is pronounced in court, a written judgment shall be delivered within five days to the parties and the people's procuratorate that initiated the public prosecution. In cases where the judgment is pronounced later on a fixed date, the written judgment shall be delivered immediately after the pronouncement to the parties and the people's procuratorate that initiated the public prosecution.

  Article 164 The written judgment shall be signed by the members of the collegial panel and by the court clerk, and the time limit for appeal and the name of the appellate court shall be clearly indicated therein.

  Article 165 A hearing may be postponed if during a trial one of the following circumstances affecting the conduct of a trial occurs:

  (1) If it is necessary to summon new witnesses, collect new material evidence, make a new expert evaluation or hold another inquest;

  (2) If members of the procuratorial personnel find that a case for which public prosecution has been initiated requires supplementary investigation, and they make a proposal to that effect; or

  (3) If the trial cannot proceed because a party applies for the withdrawal of a judicial functionary.

  Article 166 Where a hearing is postponed according to the stipulations of Item (2) in Article 165 of this Law, the people's procuratorate shall complete the supplementary investigation within one month.

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