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| Category | LITIGATION | Organ of Promulgation | The National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-03-17 | Effective Date | 1997-01-01 |
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Criminal Procedure Law of the People's Republic of China [1996] |
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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 Article 1 This Law is enacted in accordance with the Constitution to Article 2 The Criminal Procedure Law makes it the objective to ensure Article 3 The public security organs are responsible for investigation, In conducting criminal proceedings, the people's courts, the people's Article 4 The state security organs shall, according to the stipulations Article 5 The people's courts shall, according to the stipulations of the Article 6 In conducting criminal proceedings, the people's courts, the Article 7 In conducting criminal proceedings, the people's courts, the Article 8 The people's procuratorates shall, according to law, exercise Article 9 Citizens of all nationalities shall have the right to use Where people of a minority nationality live in a concentrated community Article 10 In trying cases, the people's courts shall apply the system Article 11 Cases in the people's courts shall be heard in public, unless Article 12 No person shall be held guilty in absence of a judgment Article 13 In trying cases, the people's courts shall apply the system Article 14 The people's courts, the people's procuratorates and the In cases where a minor under the age of 18 commits a crime, the legal Participants in proceedings shall have the right to file charges against Article 15 Subject to one of the following instances, no criminal (1) If an act is obviously of minor importance, causing no serious harm, (2) If the limitation period for criminal prosecution has expired; (3) If an exemption of criminal punishment has been granted in a special (4) If the crime is to be handled only upon complaint according to the (5) If the criminal suspect or the accused is deceased; or (6) Other instances for which laws provide an exemption from Article 16 Provisions of this Law shall apply to foreigners who commit If foreigners with diplomatic privileges and immunities commit crimes for Article 17 The judicial organs of the country and their counterparts of Article 18 Public security organs shall conduct investigations into People's procuratorates shall file cases and conduct investigations into Cases of private prosecution shall be accepted directly by the people's Article 19 The basic people's courts shall have jurisdiction as courts Article 20 The intermediate people's courts shall have jurisdiction as (1) Counter-revolutionary cases and cases endangering the national (2) Ordinary criminal cases possibly resulting in a judgment of life (3) Criminal cases involving crimes committed by foreigners. Article 21 The higher people's courts shall have jurisdiction as courts Article 22 The Supreme People's Court shall have jurisdiction as the Article 23 When necessary, people's courts at higher levels may try Article 24 A criminal case shall be under the jurisdiction of the Article 25 When two or more people's courts at the same level have Article 26 A people's court at a higher level may instruct a people's Article 27 The jurisdiction over cases in special people's courts shall Article 28 In any of the following situations, a member of the judicial, (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 (4) If he/she has any other relations with a party to the case that could Article 29 Judicial, procuratorial and investigatory personnel shall not Judicial personnel, procuratorial personnel and investigatory personnel Article 30 The withdrawal of judicial, procuratorial and investigatory A member of the investigatory personnel may not suspend investigation of In response to the decision on rejection of a party's application for Article 31 The provisions of Articles 28, 29 and 30 of this Law shall Article 32 In addition to the exercise by himself/herself of the right to (1) Lawyers; (2) Persons recommended by a people's organization or the unit by which (3) Guardians, relatives and friends of the criminal suspect or the The persons undergoing criminal punishments or being deprived of or Article 33 The right of a criminal suspect to entrust defenders in The people's procuratorate shall, within three days from the day of Article 34 In case a public prosecutor appears in court to conduct a In case the accused who is blind, deaf or mute or who is a minor, does In case the accused who may possibly be sentenced to death penalty Article 35 The responsibility of a defender shall be to present, Article 36 The defense lawyer may, from the day of the examination by The defense lawyer may, from the day of accepting the case by the people's Article 37 The defense lawyer may, with the consent of the witnesses The defense lawyer, with the permission of the people's procuratorate or Article 38 The defense lawyer and other defenders shall not assist Legal responsibility shall be investigated into for violating the Article 39 During a trial, the accused may refuse to have his/her Article 40 The victim and his/her legal representative or near relatives The people's procuratorates shall, within three days from the day of Article 41 Agents ad litem shall be entrusted by reference to the Article 42 All facts that prove the true circumstances of a case shall 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 exculpation of criminal suspects or the accused; (5) expert conclusions; (6) records of inquests and examination; and (7) video and audio materials. Any of the above evidence must be verified before it can be used as the Article 43 Judicial, procuratorial and investigatory personnel must, in Article 44 The public security organ's request for approval of arrest, Article 45 The people's courts, the people's procuratorates and the Evidence involving state secrets shall be kept confidential. Anyone that falsifies, conceals or destroys evidence, regardless of which Article 46 In the decision of all cases, stress shall be laid on Article 47 The testimony of a witness may be used as a basis in deciding Article 48 All those who have information about a case shall have the Physically or mentally handicapped persons or minors who cannot Article 49 The people's courts, people's procuratorates and public Criminal responsibility shall be investigated according to law for Article 50 The people's courts, the people's procuratorates and the Article 51 The people's courts, people's procuratorates and public (1) Being possibly sentenced to surveillance, criminal detention or (2) Being possibly sentenced to a punishment not less than fixed-term Bail out for summons and reside under surveillance shall be executed by Article 52 A criminal suspect or the accused in custody and his/her legal Article 53 The people's courts, people's procuratorates and public 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 (2) Make timely report to the executing organ on the acts which the A guarantor who fails to make timely report on the acts committed by the Article 56 Criminal suspects or the accused who have been bailed out for (1) Shall not be allowed to leave the cities, counties they live in (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 In case of violation of the stipulations of the preceding paragraph by Article 57 Criminal suspects or the accused residing under surveillance (1) Shall not leave the dwelling place without the permission of the (2) Shall not meet other persons without the permission of the executing (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 Criminal suspects or the accused who reside under surveillance may be Article 58 The people's courts, people's procuratorates and public In the period of bailing out for summons or residing under surveillance, Article 59 Arrests must be approved by a people's procuratorate or Article 60 When criminal facts have been proved by evidence and the If a criminal suspect or the accused who should be arrested is seriously Article 61 Public security organs may initially detain an active (1) If he/she is preparing to commit a crime, is in the process of (2) If he/she is identified as having committed a crime by a victim or an (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 (5) If there is likelihood of his/her destroying or falsifying evidence or (6) If he/she does not tell true name, address, and his/her identity is (7) If he/she is strongly suspected of being a runaway criminal or a Article 62 A public security organ effecting criminal detention or Article 63 The persons listed below may be seized outright by any (1) any person who is committing a crime or is discovered immediately (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 Within 24 hours after a person has been detained, his/her family or the Article 65 A public security organ shall interrogate a detainee within Article 66 When a public security organ intends to arrest a criminal Article 67 The chief procurator shall make the decision in a people's Article 68 A people's procuratorate, having examined and considered the Article 69 The public security organ, holding that it is necessary to With regard to those who are strongly suspected of being runaway criminals The people's procuratorate shall, within seven days after the day of Article 70 If the public security organ considers the people's Article 71 When making an arrest, a public security organ must produce Within 24 hours after an arrest, the family of the arrested person or the Article 72 Interrogation must be conducted within 24 hours after the Article 73 The people's courts, people's procuratorates and public Article 74 Where cases involving criminal suspects or the accused in Article 75 Criminal suspects or the accused and their legal Article 76 If in the process of examining and approving arrests, a Article 77 If a victim has suffered material losses as a result of the If losses have been caused to state property or collective property, the When necessary, the people's court may seal up or distrain upon the Article 78 An incidental civil action shall be heard together with the Article 79 Time periods shall be calculated by the hour, the day and The hour and day from which a time period begins shall not be counted as A legally prescribed time period shall not include traveling time. Appeals Article 80 When a party cannot meet a deadline due to irresistible A people's court shall decide whether or not to approve the application Article 81 Summons, notices and other court documents shall be delivered If the addressee or a recipient on his/her behalf refuses to accept the Article 82 For the purpose of this Law, the definitions of the following (1) "Investigation" refers to the specialized investigatory work and (2) "Parties" refer to the victim, private prosecutor, criminal (3) "Legal representatives" refer to the parents, foster parents or (4) "Participants to litigation" refer to the parties, legal (5) "Agents ad litem" refer to the persons entrusted by the (6) "Near relatives" refer to a person's husband or wife, father, mother, Part Two Filing a Case, Investigation and Initiation of Public Prosecution Article 83 The public security organs or people's procuratorates shall, Article 84 Any units and individuals shall, upon discovering criminal The victim has the right to report the case to or lodge his/her Public security organs, people's procuratorates or people's courts shall In case offenders present themselves before the public security organs, Article 85 Reports on cases, complaints and information of cases may be The person receiving a complaint or information of a case shall clearly Public security organs, people's procuratorates or people's courts shall Article 86 A people's court, people's procuratorate or public security Article 87 Where a people's procuratorate finds that a case which Article 88 The victim in private prosecution has the right to Section 1 General Provisions Article 89 A public security organ, having filed a criminal case, shall Article 90 The public security organ, having conducted investigations Section 2 Interrogation of the Criminal Suspect Article 91 Interrogation of a criminal suspect must be conducted by the Article 92 A criminal suspect, who need not be arrested or detained, may The interrogation made to a criminal suspect summoned or summoned by Article 93 When interrogating a criminal suspect, the investigatory Article 94 During the interrogation of a criminal suspect who is deaf or Article 95 The record of an interrogation shall be shown to the criminal Article 96 A criminal suspect may, after the first interrogation by the The lawyer retained has the right to be informed by the investigatory Section 3 Questioning of the Witnesses Article 97 Investigatory personnel may question a witness at his/her unit Witnesses shall be questioned individually. Article 98 When a witness is questioned, he/she shall be instructed to In case a witness under the age of 18 is inquired, the legal Article 99 The provisions of Article 95 of this Law shall also apply to Article 100 The provisions of all articles in this Section shall apply Section 4 Inquest and Examination Article 101 Investigatory personnel shall conduct an inquest or Article 102 Each and every unit and individual shall have the duty to Article 103 Investigatory personnel, conducting an inquest or Article 104 If the cause of a death is unclear, a public security organ Article 105 An examination may be conducted of the person of the victim If a criminal suspect refuses to be examined, the investigatory Examination of the person of women shall be conducted by female personnel Article 106 A record shall be made of the circumstances of an inquest Article 107 If, in reviewing a case, a people's procuratorate deems it Article 108 When necessary and with the approval of the director of a In conduct investigative experiments, it shall be forbidden to take any Section 5 Search Article 109 In order to collect criminal evidence and track down an Article 110 Any units and individuals have the duty to present, at the Article 111 When a search is to be conducted, a search warrant must be If an emergency occurs when an arrest or detention is being made, a Article 112 During a search, the person to be searched or his/her family 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 Section 6 Seizure of Material Evidence and Documentary Evidence Article 114 Any articles and documents discovered during an inquest or Seized articles and documents shall be properly kept or sealed for Article 115 All seized articles and documents shall be carefully Article 116 If the investigatory personnel deem it necessary to seize When it becomes unnecessary to continue a seizure, the post and Article 117 The people's procuratorates and public security organs may, The cash deposits and remittances of the criminal suspect which have Article 118 The articles, documents, mails, telegrams held in custody or Section 7 Expert Evaluation Article 119 When certain special problems relating to a case need to be Article 120 After evaluating a matter, the expert shall write a Re-evaluation necessitated by dispute over medical expertise pertaining An expert who intentionally issues a false expertise shall bear legal Article 121 The investigatory organ shall inform the criminal suspect Article 122 The time used for conducting a mental examination on the Section 8 Wanted Orders Article 223 If a criminal suspect who should be arrested is a fugitive, Public security organs at any level may directly issue wanted orders Section 9 Conclusion of Investigation Article 124 The time limit for holding the criminal suspect in custody Article 125 In the event a particularly grave and complicated case is Article 126 If the cases specified hereunder have not gone through the (1) Grave and complicated cases occurring in remote border areas with (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 Article 127 If cases in which the criminal suspects may possibly be Article 128 If it is found in the period of investigation that some In case the criminal suspect does not tell his/her true name and address Article 129 When the investigation by the public security organ comes to Article 130 If it is discovered during an investigation that the Section 10 Investigation of Cases Directly Accepted by People's Article 131 The stipulations of this Chapter apply to the investigation Article 132 Of the cases directly accepted by the people's Article 133 The person who has been detained in a case directly accepted Article 134 Where it is necessary to the people's procuratorate that the Article 135 At the conclusion of the investigation of a case conducted Article 136 All cases requiring initiation of public prosecution shall Article 137 In examining a case, a people's procuratorate shall (1) Whether the facts and circumstances of the crime are clear, whether (2) Whether there are any crimes that have been omitted or other persons (3) Whether it is a case in which criminal responsibility should not be (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 Where there is a change in the jurisdiction of a case that is undertaken Article 139 A people's procuratorate shall, when examining a case, Article 140 A people's procuratorate, when examining a case, may request The people's procuratorate examining a case may, if finding that In case where supplementary investigation is to be conducted, such The people's procuratorate may decide not to initiate the prosecution if Article 141 When a people's procuratorate considers that the facts of Article 142 If the criminal suspect is subjected to any one of the In case of minor offense for which no criminal punishment is to be In the case where the people's procuratorate decides not to prosecute, the Article 143 The decision on not-to-prosecute shall be announced in Article 144 The people's procuratorate that decides not to initiate Article 145 If a decision on not-to-prosecute is made upon a case Article 146 If a person who is not to be prosecuted refuses to accept Part III Trial Article 147 Trial of cases of first instance in the basic and Trial of cases of first instance in higher people's courts or the Supreme When performing their functions in the people's courts, the people's Trials of appealed and protested cases in the people's courts shall be 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 Article 148 If differing opinions occur in the deliberation conducted by Article 149 The collegial panel, following the court hearing and Section 1 Cases of Public Prosecution Article 150 The people's court, having examined the case submitted for Article 151 After a people's court has decided to open a court session, (1) To determine the members of the collegial panel; (2) To deliver to the accused a copy of the bill of prosecution of the (3) To notify the people's procuratorate of the time and place of the (4) To summon the parties and notify the defenders, agents ad litem, (5) To announce three days before the opening of the court session the Article 152 The trial of cases of first instance in the people's court No cases involving crimes committed by minors who have reached the age 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 Article 154 When a court session opens, the presiding judge shall Article 155 After the public prosecutor has read out the bill of The victim, the plaintiff in the incidental civil action and the The judicial personnel may put questions to the accused. Article 156 When witnesses testify, the judicial personnel shall The judicial personnel may question the witnesses and expert witnesses. Article 157 The public prosecutor and defender shall show to the court Article 158 The collegial panel, if finding any evidence questionable The people's court, when investigating and verifying the evidence, may Article 159 During a court hearing, the parties, defenders and agents ad The court shall make a decision whether to grant the abovementioned Article 160 The public prosecutor, the parties, the defender and agents Article 161 If any participant to the litigation or visiting audience Those who gather a crowd to make trouble, force into the courtroom, or Article 162 The presiding judge shall, after the accused makes his/her (1) A guilty judgment, if the accused is held guilty according to law (2) An innocent judgment, if the accused is held innocent according to (3) An innocent judgment due to insufficient evidence and failure of Article 163 In all cases, judgments shall be pronounced publicly. If the judgment on a case is pronounced in court, a written judgment Article 164 The written judgment shall be signed by the members of the Article 165 A hearing may be postponed if during a trial one of the (1) If it is necessary to summon new witnesses, collect new material (2) If members of the procuratorial personnel find that a case for which (3) If the trial cannot proceed because a party applies for the Article 166 Where a hearing is postponed according to the stipulations Article 167 The court clerk shall make a written record of the entire That portion of the courtroom record comprising the testimony of The courtroom record shall be given to the parties to read or shall be Article 168 The people's court shall pronounce the judgment on a case of In case there is a change in the jurisdiction of the people's court, the In case of supplementary investigation by the people's procuratorate, Article 169 The people's procuratorate that discovers any violation of Section 2 Cases of Private Prosecution Article 170 Private prosecution includes the following cases: (1) Cases to be handled only upon complaints; (2) Cases involving minor crimes evidenced by the victim; and (3) Cases where the victim has evidence to prove that the act Article 171 The people's court after examining a case of private (1) Try the case at a court session if the criminal facts are clear and (2) Persuade the private prosecutor to withdraw the prosecution, or The failure of the private prosecutor to appear in court without Where the judicial personnel find during the court session any evidence Article 172 The people's court may conduct mediation in a case of Article 173 In the process of the proceedings, the accused in a case of Section 3 Summary Procedure Article 174 The people's courts may apply summary procedure to the cases (1) Cases of public prosecution in which facts are clear and evidence is (2) Cases to be handled only upon complaint; or (3) Minor criminal cases initiated by the victim and proved by Article 175 Where summary procedure applies to the trial of a public Article 176 In case summary procedure applies to the trial of a private Article 177 Cases to which summary procedure applies shall not be Article 178 Where the summary procedure applies to a case, the people's Article 179 If the people's court finds in the process of trial that it Article 180 The accused, private prosecutor and their legal A party to an incidental civil action or his/her legal representative may The accused shall not be deprived on any pretext of his/her right to Article 181 If a local people's procuratorate considers that there is Article 182 The victim and his/her legal representative who refuse to Article 183 The time limit for an appeal or a protest against a judgment Article 184 If the accused, the private prosecutor or the plaintiff or If the accused, the private prosecutor or the plaintiff or defendant in Article 185 If a local people's procuratorate at any level protests If the people's procuratorate at the next higher level considers the Article 186 A people's court of second instance shall conduct a complete If an appeal is filed by only some of the accused in a case of joint Article 187 The people's court of second instance shall form a collegial The people's court of second instance may hold the hearing in court Article 188 In case either a protest has been filed by the people's Article 189 After hearing a case of appeal or protest against a (1) If the original judgment was correct in the determination of facts (2) If the original judgment contained no error in the determination of (3) If the facts in the original judgment are unclear or the evidence Article 190 In the trial of a case appealed by the accused or his/her The restriction laid down in the preceding paragraph shall not apply to Article 191 The people's court of second instance which discovers any (1) Violation of the stipulations of this Law on trial in public; (2) Violation of the withdrawal system; (3) Deprivation of or restriction on the litigation rights of the parties (4) Formation of the trial organization does not conform with the law; or (5) Any other violations of the stipulations on litigation procedure Article 192 The people's court which originally tried a case shall form Article 193 After a people's court of second instance has reviewed an Article 194 Where a case is remanded by the people's court of second Article 195 A people's court of second instance shall try cases of Article 196 The people's court of second instance shall conclude the Article 197 All judgments and orders of second instance and all Article 198 The public security organ, people's procuratorate and The material objects to be used as evidence shall be transferred together After the judgment rendered by the people's court enters into effect, all The judicial staff members who have embezzled, used for other purposes, or Article 199 Death sentences shall be approved by the Supreme People's Article 200 A case of first instance where an intermediate people's Cases of first instance where a higher people's court has imposed a death Article 201 A Case where an intermediate people's court has imposed a Article 202 Reviews by the Supreme People's Court of cases involving Article 203 The parties and their legal representatives and near Article 204 The people's court shall conduct a retrial if the petition (1) Error of the facts confirmed in the original judgment or order which (2) The evidence on which judgment of guilt and measurement of punishment (3) Error in the application of law in the original judgment or order; or (4) Any judicial personnel when examining the case committed such acts as Article 205 If the president of a people's court at any level finds some If the Supreme People's Court finds some definite error in a legally If any definite error is found by the Supreme People's Procuratorate in a The people's court which accepted the case protested by the people's Article 206 A new collegial panel shall be formed for the retrial of a Article 207 The people's court re-trying a case in accordance with the Where a people's court accepts a case protested and conducts the trial of Part IV Execution Article 208 Judgments and orders shall be executed after they become The following judgments and orders are legally effective: (1) judgments and orders against which no appeal or protest has been (2) judgments and orders of final instance; and (3) judgments of the death penalty approved by the Supreme People's Article 209 If the accused in custody is given the verdict of being not Article 210 When a judgment of the death penalty with immediate If a criminal sentenced to death with a two-year suspension of execution Article 211 After receiving an order from the Supreme People's Court to (1) If it is discovered before the execution of the sentence that the (2) If the criminal has exposed important criminal facts before the (3) If the criminal is pregnant. After the reasons in Items (1) and (2) of the preceding paragraph causing Article 212 Before a people's court causes a death sentence to be The death penalty shall be executed by means of shooting or injection. The death penalty may be executed at the execution ground or in the The judicial personnel directing the execution shall verify the identity Executions of death sentences shall be announced but shall not be held in After a death sentence is executed, the attending court clerk shall After a death sentence is executed, the people's court that caused the Article 213 When a criminal is delivered for the execution of the In case criminals are sentenced to death penalty with a two-year In case the criminals are minors, the execution of the penalty shall be The executing organs shall timely take the criminals into their custody The criminals who are sentenced to fixed-term imprisonment, criminal Article 214 The criminals who are sentenced to fixed-term imprisonment (1) If the criminal is seriously ill and needs to be released on bail (2) If the criminal is a pregnant woman or a woman breast-feeding her own The criminals shall not be released on bail for medical treatment, if Where a criminal assuredly has serious illness and must be released on If the criminal who has been released on bail for medical treatment is Where a criminal who is sentenced to fixed-term imprisonment or criminal That a criminal serves his/her term outside the prison shall be effected Article 215 The organs approving the temporary execution of the service Article 216 After the circumstance causing the temporary execution If the criminal died during the period of the execution of service Article 217 A criminal who has been sentenced to imprisonment with a A criminal released on parole shall be supervised by a public security Article 218 Sentences of public surveillance or deprivation of political Article 219 If a criminal sentenced to a fine fails to pay the fine Article 220 All sentences of confiscation of property, whether imposed Article 221 If a criminal commits a new crime while serving his/her If a criminal sentenced to public surveillance, criminal detention, Article 222 The people's procuratorate which considers the order of the Article 223 The prison or other executing organ which, in the execution Article 224 The people's procuratorates shall exercise supervision over Article 225 The security departments of the Army exercise the right to The crimes committed in jail by the criminals shall be investigated by The relevant stipulations of this Law shall apply to the criminal cases
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Chapter I Aim and Basic Principles
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.
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.
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.
procuratorates and the public security organs must strictly observe this Law
and any relevant stipulations of other laws.
of the law, handle criminal cases endangering the state security and
exercise the functions and power identical with those of the public security
organs.
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.
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.
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.
legal supervision over criminal lawsuits.
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.
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.
whereby the second instance is final.
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.
rendered by the people's court according to law.
of people's assessors taking part in trials in accordance with this Law.
public security organs shall safeguard the procedural rights to which
participants in proceedings are entitled according to law.
representative of the criminal suspect or the accused may be notified to be
present at the time of interrogation and trial.
judicial, procuratorial and investigatory personnel whose acts infringe on
their citizens' procedural rights or subject their persons to indignities.
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:
and is therefore not deemed a crime;
amnesty decree;
Criminal Law, but there has been no complaint or the complaint has been
withdrawn;
investigation of criminal responsibility.
crimes for which criminal responsibility should be investigated.
which criminal responsibility should be investigated, those cases shall be
resolved through diplomatic channels.
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
criminal cases unless otherwise stipulated by law.
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.
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.
courts of first instance over the following criminal cases:
security;
imprisonment or death penalty; and
of first instance over major criminal cases that pertain to an entire
province (or municipality directly under the Central Government, or
autonomous region).
court of first instance over major criminal cases that pertain to the whole
nation.
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.
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.
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.
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.
be stipulated separately.
Chapter III Withdrawal
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:
current case or has represented a party in an incidental civil action; or
affect the impartial handling of the case.
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.
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.
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 case before a decision is made on his/her withdrawal.
withdrawal, the party and his/her legal representative may apply for a final
reconsideration.
also apply to court clerks, interpreters and expert witnesses.
Chapter IV Defense and Procuration
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:
the criminal suspect or the accused is employed; and
accused.
restrained from personal liberty according to law shall not act as defenders.
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.
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.
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.
not entrust a defender, the people's court shall designate a lawyer
duty-bound to provide legal assistance to defend him/her.
does not entrust a defender, the people's court shall designate a lawyer
duty-bound to provide legal assistance to defend him/her.
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.
the people's procuratorate of the prosecution case, consult, make extracts
from and reproduce the litigation documents, documents of technical
examination, and may meet and correspond with the criminal suspect in custody.
Other defenders with the permission of the people's procuratorate may consult,
make extracts from and reproduce the afore-said file documents, and may meet
and correspond with the criminal suspect in custody.
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 permission of the people's court may
consult, make extracts from and reproduce the afore-said file documents, and
meet and correspond with the accused in custody.
or other relevant units and individuals, acquire information related to the
case from them, or may apply to the people's procuratorate, or the people's
court for collecting or obtaining by order the evidence, or apply to the
people's court for notifying witnesses to testify in the court.
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.
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 or give false testimony, and
shall not commit any acts which may cause interference in prosecution
activities conducted by judicial organs.
provisions of the preceding paragraph.
defender continue to defend him/her and may entrust his/her defense to
another defender.
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.
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.
stipulations of Article 32 of this Law.
Chapter V Evidence
be evidence.
basis for deciding cases.
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.
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.
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.
side of a case he/she belongs to, must be investigated under the law.
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.
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.
duty to testify.
distinguish right from wrong or cannot properly express themselves shall not
be qualified as witnesses.
security organs shall guarantee the safety of witnesses and their near
relatives.
menace, humiliation, beating, retaliation done to witnesses 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
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.
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:
incidental punishment independently applicable; or
imprisonment, but allowing him/her to be out on bail or reside under
surveillance may not possibly cause danger to the society.
public security organs.
representative and near relatives have the right to apply for bail out for
summons.
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 56 of this Law; and
guaranteed person may possibly do or has already done in violation of the
stipulations of Article 56 of this Law.
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.
summons shall observe the following stipulations:
without the permission of the executing organs;
confessions.
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.
shall observe the following stipulations:
executing organs, or in absence of a fixed dwelling place, shall not leave
the appointed dwelling place without the permission of the executing organs;
organs;
confessions.
arrested for serious violation of the stipulations of the preceding
paragraph.
security organs shall allow criminal suspects or the accused to be bailed out
for summons for a maximum period of 12 months, and to reside under
surveillance for a maximum period of six months.
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.
decided by a people's court and must be carried out by a public security
organ.
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.
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.
criminal or a major suspect under any of the following conditions:
committing a crime or is discovered immediately after committing a crime;
eyewitness;
crime, or he/she is a fugitive;
colluding with others to give false statements;
unknown; or
criminal committing crimes repeatedly or in group.
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.
citizen and delivered to a public security organ, a people's procuratorate
or a people's court for handling:
after committing a crime;
produce a detention warrant.
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.
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.
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.
procuratorate's examination and approval of an arrest. Major cases shall
be submitted to the procuratorial committee for discussion and decision.
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.
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.
or of being criminals committing crimes repeatedly or in group, the time limit
for submission and approval may be extended to 30 days.
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.
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.
an arrest warrant.
unit to which he/she belongs shall be notified of the reasons for arrest and
the place of custody, except in circumstances where such notification would
hinder the investigation or there is no way of notifying them.
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.
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.
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.
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.
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
criminal act of the accused, he/she shall have the right to file an incidental
civil action during the course of the criminal proceeding.
people's procuratorate may file an incidental civil action while initiating
a public prosecution.
property of the accused.
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
the month.
within the time period.
or other documents that have been mailed before the expiration of the time
period shall not be regarded as overdue.
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.
described in the preceding paragraph.
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.
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
terms are:
related compulsory measures carried out according to law by public security
organs and people's procuratorates in the process of handling cases;
suspect, the accused, and the plaintiff and defendant in an incidental civil
action;
guardians of a person being represented and representatives of the government
organ or people's organization responsible for that person's protection;
representatives, agents ad litem, defenders, witnesses, expert witnesses and
interpreters;
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;
son(s), daughter(s), and brother(s) and sister(s) born of the same parents.
Chapter I Filing a Case
upon discovering criminal facts or criminal suspects, file a case and conduct
investigation according to their respective jurisdiction.
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.
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.
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 referred to the competent organs.
people's procuratorates or people's courts, the stipulations of the third
paragraph shall apply.
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.
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.
guarantee the safety of the 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.
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.
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.
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
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.
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.
investigatory personnel of a people's procuratorate or public security organ.
During an interrogation, there must be no fewer than two members of the
investigatory personnel participating.
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.
warrant shall not exceed a continuous period of 12 hours or the criminal
suspect shall not be subject to a disguised detention by continuous summons
or summons by warrant.
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.
mute, a person who has a good command of sign language shall participate,
and such circumstances shall be noted in the record.
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.
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.
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.
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.
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.
representative of the witness may be notified to be present on the scene.
the questioning of witnesses.
to the questioning of victims.
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.
preserve the scene of a crime and to immediately notify a public security
organ to send personnel to hold an inquest.
inspection, must carry with them a documentary certificate issued by a
people's procuratorate or public security organ.
shall have the power to order an autopsy and shall notify the family members
of the deceased to be present.
or criminal suspect in order to ascertain some of his/her characteristics or
physiological condition, or the circumstances of the injury.
personnel, when they deem it necessary, may conduct a compulsory examination.
or doctors.
or examination, and it shall be signed or sealed by the participants in the
inquest or examination and the eyewitnesses.
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.
public security bureau, investigative experiments may be conducted in order
to clarify the circumstances of a case.
action which is hazardous, humiliating to anyone, or offensive to public
morals.
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.
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.
shown to the person to be searched.
search may be conducted without a search warrant.
members, neighbors or other eyewitnesses shall be present at the scene.
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.
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.
safekeeping and may not be utilized or damaged.
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
eyewitnesses 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.
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.
telecommunications offices shall be immediately notified.
according to the requirement of investigating crimes, inquire about and
freeze the cash deposits or remittances according to law.
already been frozen shall not be re-frozen.
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
telecommunications offices.
solved in order to clarify the circumstances of the case, experts shall be
assigned or invited to give their evaluation.
conclusion of expert evaluation and affix his/her signature to it.
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.
responsibility.
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 may be conducted.
criminal suspect shall not be counted as part of the time limit for handling
the case.
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.
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.
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.
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.
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:
poor traffic facilities;
in collecting evidence.
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.
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 of this Law
from the day of the discovery.
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.
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.
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.
Procuratorates
of cases directly accepted by the people's procuratorates.
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 of this Law shall be decided by the people's procuratorate and executed by
the public security organs.
by the people's procuratorate shall be interrogated within 24 hours after
detention, and, upon finding that the person should not have been detained,
must be promptly released with a release 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.
person who has been detained in a case directly accepted by the people's
procuratorate be arrested, a decision shall be made within 10 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.
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
be examined and decided by the people's procuratorates.
ascertain:
the evidence is reliable and sufficient and whether the charge and the nature
of the crime have been correctly determined;
whose criminal responsibility should be investigated;
investigated;
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.
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.
interrogate the criminal suspect and hear the opinions given by the victim
and the persons entrusted respectively by the criminal suspect and the
victim.
the public security organ to furnish evidence necessary for trial in court.
supplementary investigation is necessary, remand the case to the public
security organ for supplementary investigation, or may conduct by itself the
investigation.
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.
it holds the opinion that evidence is still not sufficient even after the
supplementary investigations and the conditions required for prosecution are
not satisfied.
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.
instances specified in Article 15 of this Law, the people's procuratorate
shall make a decision not to prosecute.
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.
property held in custody or frozen during investigation 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.
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.
prosecution on a case submitted by a public security organ for prosecution,
shall deliver the statement of the 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.
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. If the people's procuratorate affirms the decision on
not-to-prosecute, the victim may 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.
the not-to-prosecute decision made by the people's procuratorate in
accordance with the stipulations of the second paragraph 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.
Chapter I Trial Organizations
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.
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.
assessors shall enjoy equal rights with the judges.
conducted by a collegial panel composed of three to five judges.
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.
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.
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
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
photostat copies or photos of the significant evidence, shall decide to open
the court session for trial of the case.
it shall proceed with the following work:
people's procuratorate no later than 10 days prior to the opening of the
court session, and if the accuse has not retained defenders, inform him/her
that he/she may retain defenders, or when necessary, designate a lawyer
duty-bound to provide legal assistance to defend him/her;
court session three days before the opening of the session;
witnesses, expert witnesses and interpreters, and deliver the summons and
notices no later than three days before the opening of the court session; and
subject issues at trial, the name of the accused, time and location of the
court session for cases to be heard in public.
shall be open to the public. However, cases involving state secrets or
personal privacy shall not be heard in public.
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.
court, the people's procuratorate shall send its personnel to the court in
support of the public prosecution, and the people's procuratorate need not
send personnel to the court where the summary procedure applies under
Article 175 of this Law.
ascertain whether 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.
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.
defender and agents ad litem may, with the permission of the presiding
judge, put questions to the accused or defendant.
instruct the witnesses to give testimony truthfully and advise them 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.
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.
during the court hearing, may declare adjournment, and conduct investigation
to testify the evidence.
conduct inquest and inspection, effect distraint, make expert evaluation and
inquiry, and freeze.
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.
requests.
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 presiding judge announces the conclusion of debates, the accused has
the right to make a final statement.
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 15 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.
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.
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:
in a case with clear facts and confirmed and sufficient evidence;
law; or
establishment of the alleged crime, if the accused can not be held guilty
for the crime on account of insufficient evidence.
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.
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.
following circumstances affecting the conduct of a trial occurs:
evidence, make a new expert evaluation or hold another inquest;
public prosecution has been initiated requires supplementary investigation,
and they make a proposal to that effect; or
withdrawal of a judicial functionary.
of Item (2) in Article 165 of this Law, the people's procuratorate shall
complete the supplementary investigation within one month.
court proceedings, which shall be examined by the presiding judge and then
signed by him/her and the court clerk.
witnesses shall be read out in court or given to the witnesses to read. After
the witnesses acknowledge that the record is free of error, they shall sign
or affix their seals onto it.
read out to them. If a party considers that there are omissions or errors in
the record, he/she may request additions or corrections to be made. After the
parties acknowledge that the record is free of error, they shall sign or
affix their seals onto it.
public prosecution within one month or no later than one and a half months
after accepting it for trial. Subject to one of the instances specified in
Article 126 of this Law, an extension of another month may be allowed subject
to the approval by the higher people's court of the province, autonomous
region or municipality directly under the Central Government.
time limit for trial of the case shall be counted from the day of accepting
the case by the latter people's court.
after the case is transferred to the people's court following the completion
of such investigation, the people's court shall count anew the time limit for
the trial of the case.
the litigation procedure stipulated by law in the trial of the case by the
people's court, has the right to raise opinions on correction to the
people's court.
done by the accused has infringed upon the personal and property rights of
the victim and that it shall be investigated for criminal responsibility
according to law by the public security organ or the people's procuratorate
but has not been investigated for criminal responsibility.
prosecution, shall proceed with it according to the respective circumstance
specified hereunder:
supported by sufficient evidence; or
dismiss the case by an order, if the case of private prosecution lacks in
criminal evidence and the private prosecutor has failed to furnish
supplementary evidence.
justifiable reason after being summoned twice according to law or his/her
withdrawal during the court session without the permission of the court
shall be treated as the withdrawal of the prosecution.
questionable which requires investigation and verification, the stipulations
of Article 158 of this Law shall apply.
private prosecution; the private prosecutor may conclude a settlement with
the accused or withdraw the private prosecution before a judgment is
pronounced. However, mediation shall not apply to the cases specified under
Item (3) of Article 170 of this Law.
private prosecution may raise a counterclaim against the private prosecutor.
The provisions governing private prosecutions shall apply to counterclaims.
specified hereunder to be tried by one judge alone:
sufficient and the sentence, according to law, may be a fixed-term
imprisonment not more than three years, criminal detention, surveillance or
a fine alone, and to which the people's procuratorate recommends or agrees to
the application of summary procedure;
evidence.
prosecution case, the people's procuratorate need not send its personnel to
the court session. The accused may make statements on or defend
himself/herself against the crime alleged in the bill of prosecution. In case
the people's procuratorate sends its personnel to the court session, the
accused and his/her defender may, with the permission of the judicial
personnel, conduct debates with the public prosecutor.
prosecution case, the accused and his/her defender may, after the reading out
of the bill of prosecution and with the permission of the judicial personnel,
debate with the private prosecutor and his/her agent ad litem.
restricted by the stipulations of Section 1 of this Chapter pertaining to the
procedure for interrogating the accused, questioning the witnesses and expert
witnesses, producing evidence and debate in the court. However, the final
statement made by the accused shall be heard before the judgment is
pronounced.
court shall wind up the case within 20 days from the day of accepting it.
is not proper to apply summary procedure, the trial shall begin anew in
accordance with the stipulations of Section 1 or Section 2 of this Chapter.
Chapter III Procedure of Second Instance
representatives who refuse to accept the judgment or order of a local
people's court of first instance at any level, have the right to appeal in
writing or orally to the people's court at the next higher level. The
defenders and the near relatives of the accused may, with the consent of the
accused, lodge an appeal.
file an appeal against the portion of a judgment or order of first instance
of the local people's courts that deals with the incidental civil action.
appeal.
some definite error in a judgment or order of first instance of a people's
court at the same level, it shall present a protest to the people's court at
the next higher level.
accept the judgment of a local people's court of first instance at any level,
have the right to request, within five days from the day of receiving the
judgment, the people's procuratorate to file a protest. The people's
procuratorate shall, within five days from the day of receiving the petition
of the victim or his/her legal representative, make a decision whether a
protest be filed, and reply to the petitioner accordingly.
shall be 10 days and the time limit for an appeal or a protest against an
order shall be five days; the time limit shall be counted from the day after
the written judgment or order is received.
defendant in an incidental civil action files an appeal through the people's
court which originally tried the case, the people's court shall within three
days transfer the petition of appeal together with the case file and the
evidence to the people's court at the next higher level; at the same time it
shall deliver duplicates of the petition of appeal to the people's
procuratorate at the same level and to the other parties.
an incidental civil action files an appeal directly to the people's court of
second instance, that people's court shall within three days transfer the
petition of appeal to the people's court which originally tried the case, for
delivery to the people's procuratorate at the same level and to the other
parties.
against a judgment or order of first instance of the people's court at the
same level, it shall present a written protest through the people's court
which originally tried the case and send a copy of the written protest to the
people's procuratorate at the next higher level. The people's court which
originally tried the case shall transfer the written protest together with
the case file and evidence to the people's court at the next higher level and
shall deliver duplicates of the written protest to the parties.
protest inappropriate, it may withdraw the protest from the people's court at
the same level and notify the people's procuratorate at the next lower level.
review of the facts determined and the application of law in the judgment of
first instance and shall not be limited by the scope of appeal or protest.
crime, the case shall still be reviewed and handled as a whole.
panel to hear the appellant case in court session. The collegial panel need
not hear the case in court session if it finds that facts are clear after
examining the case file, interrogating the accused and hearing the opinions
of other parties, defender and agent ad litem. However, in case of a protest
submitted by the people's procuratorate, the people's court of second
instance shall hear it in court session.
session of the appellant or protest case in the place where the case has
occurred or the place of the people's court originally hearing the case.
procuratorate or a public prosecution case is heard in court session by the
people's court of second instance, the people's procuratorate at the same
level shall send its personnel to the court session. The people's court of
second instance must notify the people's procuratorate to read and examine
the file 10 days before the opening of the court session.
judgment of first instance, the people's court of second instance shall
handle it according to the conditions set forth below:
and the application of law and appropriate in the meting out of punishment,
the people's court shall order rejection of the appeal or protest and affirm
the original judgment;
facts but the application of law was incorrect or the punishment was
inappropriately decided, the people's court shall revise the judgment; or
insufficient, the people's court may revise the judgment after ascertaining
the facts, or it may rescind the original judgment and remand the case to the
people's court which originally tried the case for retrial.
legal representative, defender or near relative, the people's court of second
instance may not increase the criminal punishment on the accused.
cases protested by a people's procuratorate or cases appealed by private
prosecutors.
violation of the litigation procedure by the people's court of first instance
as specified hereunder, shall by a decision rescind the original judgment and
remand the case to the people's court which originally tried it for retrial:
which may affect fair and just trial;
which may affect fair and just trial.
a new collegial panel for conducting retrial of the case remanded to it in
accordance with the procedure of first instance. The judgment rendered after
the retrial may be appealed or protested in accordance with stipulations of
Articles 180, 181 and 182 of this Law.
appeal or protest against an order of first instance, it shall order
rejection of the appeal or protest or quash or revise the original order
respectively with reference to the provisions of Articles 189, 191 and 192 of
this Law.
instance to the people's court which originally tried it for retrial, the
people's court which originally tried the case shall count anew the time
limit for trial from the day of receiving the remanded case.
appeal or protest with reference to the procedure of first instance unless
otherwise stipulated in this Chapter.
trial of an appellant or protested case within one month or no later than one
and a half months. An extension of another month is allowed, subject to one
of the instances specified in Article 126 of this Law and to the approval of
or decision by the higher people's court of the province, autonomous region or
municipality directly under the Central Government; the Supreme People's
Court, however, shall make a decision on the time limit for trial of an
appellant or protested case accepted by the Supreme People's Court.
judgments and orders of the Supreme People's Court shall be final.
people's court shall exercise due care to keep the property and accrued
interest of the criminal suspect or the accused held in custody or frozen for
examination and verification. Any units or individuals shall not be allowed
to use them for other purpose or dispose them on their own authority. The
lawful property of the victim shall be promptly returned. The contraband
articles and those which can not be preserved for long shall be disposed of
according to the relevant provisions of the state.
with the case. Where the material objects are not suitable for the transfer,
the list, photos, or other documentary evidence thereof, shall be sent along
with the case.
illegal money and property together with the accrued interest, except those
to be returned to the victim, shall be confiscated and handed over to the
state treasury.
privately disposed the illegal money or property or the accrued interest held
in custody or frozen, shall be investigated for criminal responsibility, or
disciplinary sanctions shall be inflicted if such an act does not constitute a
crime.
Chapter IV Procedure for Review of Death Sentences
Court.
court has imposed a death sentence and the accused does not appeal shall be
reviewed by a higher people's court and reported to the Supreme People's
Court for approval. If the higher people's court does not agree with the
death sentence, it may bring the case up for trial or remand the case for
retrial.
sentence and the accused does not appeal, and cases of second instance
where a death sentence has been imposed shall be submitted to the Supreme
People's Court for approval.
death sentence with a two-year suspension of execution, shall be approved by
a higher people's court.
death sentences and reviews by a higher people's court of cases involving
death sentences with a suspension of execution shall be conducted by
collegial panels composed of three judges.
Chapter V Procedure for Trial Supervision
relatives may present a petition to the people's court or people's
procuratorate regarding a legally effective judgment or order, but the
execution of the judgment or order shall not be suspended.
submitted by the parties or their legal representatives or near relatives
meets one of the instances specified hereunder:
are proved by new evidence;
have relied are not reliable and sufficient, or the principal evidence of the
facts of the case contradicts each other;
embezzlement, acceptance of bribery, seeking personal interest by
malpractice, intentional deviation from law for giving an evil judgment.
definite error in a legally effective judgment or order of his/her court as to
the determination of facts or application of law, he/she shall refer the
matter to the judicial committee for handling.
effective judgment or order of a people's court at any lower level, or if a
people's court at a higher level finds some definite error in a legally
effective judgment or order of a people's court at a lower level, it shall
have the power to bring the case up for trial itself or may direct a people's
court at a lower level to conduct a retrial.
legally effective judgment or order of a people's court at any level, or by
the people's procuratorate at a higher level in a legally effective judgment
or order of a people's court at a lower level, the said procuratorate shall
have the right to present a protest to the people's court at the same level
in accordance with procedure for trial supervision.
procuratorate shall form a collegial panel to try the case or, if the facts
are not clear or evidence is not sufficient in the original judgment, may
instruct the people's court at the lower level to conduct a retrial.
case by a people's court in accordance with the procedure for trial
supervision. If the case was originally one of first instance, it shall be
tried in accordance with the procedure of first instance and the new judgment
or order may be appealed or protested. If the case was originally one of
second instance or was brought up for trial by a people's court at a higher
level, it shall be tried in accordance with the procedure of second instance
and the judgment or order rendered shall be final.
procedure for trial supervision, shall conclude the trial of the case within
three months from the day of the decision on bringing up the case for trial
or retrial, and the time limit, in case of a need of extension, shall not
exceed six months.
the case in accordance with the procedure for trial supervision, the
stipulations of the preceding paragraph shall apply to the time limit for the
trial; where it is necessary to instruct the people's court at a lower level
to conduct a retrial, a decision shall be made within one month from the day
of accepting the protest, and the stipulations of the preceding paragraph
shall apply to the time limit for the trial by the people's court at a lower
level.
legally effective.
filed within the legally prescribed time limit;
Court and judgments of the death penalty with a two-year suspension of
execution approved by a higher people's court.
guilty or exempted from criminal punishment by a people's court of first
instance, he/she shall be released immediately after the judgment is
pronounced.
execution is pronounced or approved by the Supreme People's Court, the
President of the Supreme People's Court shall sign and issue an order to
execute the death sentence.
has not intentionally committed any crime during the period of suspension of
the sentence, his/her punishment shall therefore be mitigated on expiration of
the suspension period of the death sentence, and the executing organ shall
submit a written recommendation to the higher people's court for an order; if
a crime committed intentionally is verified through investigation, his/her
death sentence shall therefore be executed, and the higher people's court
shall submit it to the Supreme People's Court for approval.
execute a death sentence, the people's court at a lower level shall cause the
sentence to be executed within seven days. However, under either of the
following conditions the people's court at a lower level shall suspend
execution and immediately submit a report to the Supreme People's Court for
an order:
judgment may contain an error;
execution of the sentence or has rendered other important meritorious service
which may cause a change in the judgment; or
the suspension of the execution have disappeared, the sentence can be
executed only after a report is submitted to, and another order to execute
the death sentence is signed and issued by the President of the Supreme
People's Court. In case the execution is suspended for the reason in Item (3)
of the preceding paragraph, the matter shall be reported to the Supreme
People's Court, requesting it to revise the sentence according to law.
executed, it shall notify the people's procuratorate at the same level to
send an official to supervise the execution.
designated place for detention.
of the criminal, ask him/her whether he/she has any last words or letters and
then deliver him/her to the executioner for execution of the death sentence.
If it is discovered before the execution that there may be an error, the
execution shall be suspended and a report submitted to the Supreme People's
Court for an order.
public.
prepare a written record of it. The people's court that caused the death
sentence to be executed shall submit a report on the execution to the Supreme
People's Court.
sentence to be executed shall notify the family of the criminal.
sentence, the people's court entrusting the execution shall deliver the legal
documents to the prison or other executing organ.
suspension of execution, life imprisonment or fixed-term imprisonment, the
public security organ shall according to law deliver the criminals to the
prison for execution of the penalty. In case the criminals are sentenced to
fixed-term imprisonment and the remaining prison term is no more than one
year prior to the delivery for execution, the execution shall be effected by
the detention house. In case criminals are sentenced to criminal detention,
the execution shall be effected by the public security organ.
effected by the education-under-surveillance house for minors.
and notify the criminals' families.
detention shall, on completion of serving the sentence, be issued a release
certificate by the executing organ.
or criminal detention, may be permitted to temporarily serve his term outside
prison, subject to one of the following instances:
for medical treatment; or
baby.
the release on bail for medical treatment, when effected, may cause danger
to the society, or if the criminal has injured or disabled himself.
bail for medical treatment, a documentary evidence shall be issued by a
hospital designated by a provincial-level people's government, and such
release shall be submitted for examination and approval in pursuance of the
procedures stipulated by law.
found not in conformity with, or in serious violation of the stipulations on,
the conditions required for being released on bail for medical treatment,
he/she shall be timely put in prison.
detention is unable to take care of himself/herself in daily life and his/her
serving his/her term outside is not likely to harm the society, he/she may be
temporarily allowed to serve his/her term outside prison.
by the public security organ in the place of his/her residence; the executing
organ shall exercise strict surveillance and supervision on him/her, while the
grass-roots organization and the criminal's original unit shall assist in the
conduct of supervision.
outside prison shall deliver a copy of the decision of approval to the
people's procuratorate. The people's procuratorate which does not consider
the temporary execution of the service outside prison as appropriate shall,
within one month from the day of receiving the notice, deliver its written
opinions to the organ approving the temporary execution of the service
outside prison. The organ approving the temporary execution of the service
outside prison shall, upon receiving the written opinions, promptly conduct a
review of the decision.
outside prison terminates, the criminal who has not completed the term of
imprisonment, shall be put in prison in time.
outside prison, the matter shall be timely notified to the prison.
suspension of execution shall be delivered by the public security organ to
his/her unit or a grass-roots organization for observation.
organ during the probation period for parole.
rights that have been imposed on criminals shall be executed by the public
security organs. When such a sentence has been completed, the executing organ
shall notify the criminal himself/herself and publicly announce to the masses
concerned the ending of public surveillance or the restoration of political
rights.
within the time limit, the people's court shall compel him/her to pay. If
he/she has real difficulties in paying because he/she has suffered an
unavoidable disaster, an order may be made to reduce the fine or exempt
him/her from payment.
as a supplementary punishment or independently, shall be executed by the
people's courts; when necessary, the people's courts may execute such
judgments jointly with the public security organs.
sentence, or if a criminal act is discovered that was not known at the time
of judgment, the executing organ shall transfer the case to the people's
procuratorate for handling.
fix-term imprisonment or life imprisonment shows true repentance or renders
meritorious service while serving his/her sentence and should be granted a
commutation of sentence or be released on parole according to law, the
executing organ shall submit a written recommendation to the people's court
for examination and an order.
people's court on commutation of the sentence or on release on parole as
inappropriate, shall, within 20 days from the day of receiving a copy of
the order, submit to the people's court its written opinions on correction.
The people's court shall, within one month from the day of receiving the
opinions on correction, reform a collegial panel for trial and make a final
order.
of a punishment, believes that there is an error in the judgment, or if the
criminal makes a petition, shall refer the matter to the people's
procuratorate or the people's court originally rendering the judgment for
handling.
the activities conducted by the executing organs to execute the criminal
punishments in order to see that they are in conformity with the law. If
anything is found illegal, the executing organ concerned shall be notified to
make correction.
Supplementary Provisions
investigate the criminal cases occurring in the army units.
the prisons.
handled by the security departments of the Army and by the prisons.
URL: http://www.asianlii.org/cn/legis/cen/laws/cpl200