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CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE IMPLEMENTATION AT AN EARLY DATE OF THE PROVISIONS OF RELEVANT CLAUSESOF THE CRIMINAL PROCEDURE LAW

    The amended Criminal Procedure Law of the People's Republic of China
(hereinafer referred to as the Criminal Procedure Law) has entered into
force as of January 1, 1997. Hospitals that conduct medical expertise
should be designated by people's governments at the provincial level in
pursuance of the provisions of the Second Paragraph of Article 120 that "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."
and the Third Paragraph of Article 214 of the Criminal Procedure Law that
"Where a criminal assuredly has serious illness and must be released on bail
for medical treatment, a documentary evidence shall be issued by a hospital
designated by a provincial-level people's governemnt, and such release shall
be submitted for examination and approval in pursuance of the procedures
stipulated by law."  To guarantee the effective implementation of the
aforesaid provisions of the Criminal Procedure Law and protect the lawful
rights and interests of citizens, it is hereby notified as follows upon
the approval of a leading comrade of the State Council:

    I.People's governments at the provincial level should designate
hospitals for medical expertise at an early date in pursuance of the
provisions of the Second Paragraph of Article 120 and the Third Paragraph
of Article 214 of the Criminal Procedure Law.

    II.Consideration should be given to the requirements for handling
cases in the designation of hospitals and the designated hospitals must be
well-qualified for the work of expertise.

    III.Attention should be paid to the balance among prefectures in the
designation of hospitals to facilitate the handling of cases. In general,
one hospital should at least be designated in a prefecture to undertake
the work of medical expertise.

    IV.People's governments at the provincial level may complete the
designation in batches in the light of the existing conditions of their
respective areas, and may make necessary adjustments in accordance with
requirements in the process of implementation.

    V.People's governments at the provincial level should notify the people's
courts, the procuratorates and the department of public health administration
under the State Council of the designated hospitals in official documentation.