Laws of the People's Republic of China

    It is hereby decided that, after reviewing and considering the amendments
(draft) of the Criminal Procedure Law of the People's Republic of China at
the Fourth Session of the Eighth National People's Congress, the Criminal
Procedure Law of the People's Republic of China are amended as follows:

    1. The title of Chapter I, Part One is amended as Aim and Basic
Principles.

    2. Article 1 is amended as:

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

    3. Article 2 is amended as:

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

    4. Paragraph 1 of Article 3 is amended as:

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

    5. Two articles are added after Article 3 to make Articles 4 and 5:

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

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

    6. An article is added after Article 5 to make Article 8:

    The people's procuratorates shall according to law exercise legal
supervision over criminal law suits.

    7. An article is added after Article 8 to make Article 12:

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

    8. Article 11 is renumbered Article 15, wherein the stipulations of ``In
any of the following circumstance, no criminal responsibility shall be
investigated; if investigation has already been undertaken, the case shall be
dismissed, or prosecution shall not be initiated, or innocence shall be
declared'' are amended as:

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

    And the sixth item shall be amended as:

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

    9. An article is added after Article 12 to make Article 17, reading:

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

    10. Article 13 is renumbered Article 18 and amended as:

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

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

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

    11. Article 15 is renumbered Article 20 and amended as:

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

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

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

    (3) Criminal cases involving crimes committed by foreigners.

    12. Article 18 is renumbered Article 23, with the deletion of the
following provision:

    They may also transfer criminal cases over which they themselves have
jurisdiction as courts of first instance to people's courts at lower levels
for trial.

    13. An article is added after Article 23 to make Article 29, reading:

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

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

    14. Article 24 is renumbered Article 30, and the third paragraph is
amended as:

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

    15. The title of Chapter IX, Part One is amended as Defense and
Procuration

    16. Article 26 is renumbered Article 32 and amended as:

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

    (1) Lawyers;

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

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

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

    17. An article is added after Article 26 to make Article 33, reading:

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

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

    18. Article 27 is renumbered Article 34 and amended as:

    In case a public prosecutor appears in court to conduct a public
prosecution while the accused has not entrusted his 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.

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

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

    19. Article 29 is renumbered Article 36 and amended as:

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

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

    20. Two articles are added after Article 29 to make Articles 37 and 38:

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

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

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

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

    21. Two articles are added after Article 30 to make Articles 40 and 41:

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

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

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

    22. Article 31 is renumbered Article 42, with an addition as Item (7) to
Paragraph 2, reading:

    (7) video and audio materials.

    23. Article 34 is renumbered Article 45 and Paragraph 1 is amended as:

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

    Paragraph 2 is amended as:

    Evidence involving state secrets shall be kept confidential.

    24. An article is added after Article 37 to make Article 49:

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

    Criminal responsibility shall be investigated according to law for
menace, humiliation, beating, retaliation done 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 inflicted according to law.

    25. Article 38 is renumbered Article 50 with the deletion of Paragraphs 2
and 3.

    26. Article 38 is followed by eight additional articles which are
numbered Articles 51, 52, 53, 54, 55, 56, 57 and 58:

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

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

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

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

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

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

    Article 54  Guarantors must meet the following conditions:

    (1) Having no bearing on the cases concerned;

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

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

    (4) Having fixed residence and regular income.

    Article 55  Guarantors shall perform the following obligations:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    27. Article 40 is renumbered Article 60, and ``When the main facts of a
crime have been ascertained'' in Paragraph 1 is amended as:

    When criminal facts have been proved by evidence,...

    28. Article 41 is renumbered Article 61, and ``an active criminal
deserving arrest'' is amended as:

    An active criminal

    Item (6) is amended into two parts to make (6) and (7), and the
amendments read:

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

    (7) If he is strongly suspect of a runaway criminal or a criminal
committing crimes repeatedly or in group.

    Item (7) in the original text is deleted.

    29. An article is added after Article 41 to make Article 62:

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

    30. Article 47 is renumbered Article 68 and is amended as:

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

    31. Article 48 is renumbered Article 69, and the first paragraph is
amended into three paragraphs to make Paragraphs 1, 2 and 3. The amendments
read:

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

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

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

    Paragraph 2 in the original text is deleted.

    32. Three articles are added after Article 51 to make Articles 73, 74 and
75:

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

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

    Article 75  Criminal suspects or the accused and their legal
representatives, near relatives or the lawyers and other defenders entrusted
by the criminal suspects or the accused have the right to demand the removal
of compulsory measures, provided the compulsory measures taken by the
people's courts, people's procuratorates or public security organs exceeds
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.

    33. Article 58 is renumbered Article 82 and Item (2) is amended as:

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

    Item (4) is amended as:

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

    An item is added to make Item (5), reading:

    (5) Agents ad litem refer to the persons entrusted by the
victims or their legal representatives 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.

    Item (5) in the original text is renumbered Item (6).

    34. Prior to the public prosecution submitted to the people's court, the
title of ``the accused'' referred to in the original text is amended as
``criminal suspect''.

    The stipulation of ``accusation'' in Chapter I, Part Two is
amended as ``information of a case.''

    35. An article is added before Article 59 to make Article 83:

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

    36. Article 59 is renumbered Article 84 and is amended as:

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

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

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

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

    37. Article 60 is renumbered Article 85, and Paragraph 3 is amended as:

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

    38. Two articles are added after Article 61 to make Articles 87 and 88:

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

    Article 88  The victim in private prosecution has the right to
lodge the prosecution directly to a people's court. In case the victim
has died or lost the capability to conduct its right, his 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.

    39. A section is added in Chapter II, Part Two to make Section 1:

    Section 1  General Provisions

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

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

    40. Article 63 is renumbered Article 92 and is amended as:

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

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

    41. An article is added after Article 66 to make Article 96:

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

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

    42. Article 68 is renumbered Article 98, with the addition of a paragraph
to make Paragraph 2:

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

    43. Article 73 is renumbered Article 103, and is amended as:

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

    44. Article 80 is renumbered Article 110 and is amended as:

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

    45. An article is added after Article 86 to make Article 117:

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

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

    46. Article 87 is renumbered Article 118 and is amended as:

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

    47. Article 89 is renumbered Article 120, and two paragraphs are added to
make Paragraphs 2 and 3:

    Re-evaluation necessitated by dispute over medical expertise pertaining
to personal injury or medical expertise on metal disorder shall be conducted
by the hospital appointed 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 official stamp affixed to it.

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

    48. Article 90 is renumbered Article 121 and is amended as:

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

    49. An article is added after Article 90 to make Article 122:

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

    50. Article 92 is amended into two articles to make Articles 124 and 125:

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

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

    51. Three articles are added before Article 93 to make Articles 126, 127
and 128:

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

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

    (2) Grave cases committed by criminal groups;

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

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

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

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

    In case the criminal suspect does not tell his true name and address or
his identity is unknown, the time limit for holding the criminal suspect in
custody during investigation and shall be counted from the day when his
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, be transferred to the people's procuratorate for
examination and prosecution.

    52. Article 93 is renumbered Article 129 and is amended as:

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

    53. One section is added after Section 8 of Chapter II, Part Two to make
Section 10:

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

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

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

    Article 133  The person in custody in a case directly accepted by the
people's procuratorate shall be interrogated within twenty hours, and, upon
finding that the person should not have been detained, must be promptly
released with 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.

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

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

    54. Article 95 is renumbered Article 136 and is amended as:

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

    55. Article 97 is renumbered Article 138, and the stipulations on ``that
a public security organ has transferred to it with a recommendation to
initiate a public prosecution or exempt from prosecution'' is amended as
``submitted by a public security organ for initiating public prosecution.''

    A paragraph is added to make Paragraph 2:

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

    56. Article 98 is renumbered Article 139 and is amended as:

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

    57. Article 99 is renumbered Article 140 and is amended as:

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

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

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

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

    58. Article 101 is renumbered Article 142 and is amended as:

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

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

    In the case where the people's procuratorate decide not to prosecute, the
property held in custody or has been frozen shall be simultaneously released
from the custody or unfrozen. If administrative punishment or disciplinary
sanctions need be inflicted on the person who is not to be prosecuted or his
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.

    59. Article 102 is amended into three articles to make Articles 143, 144
and 145:

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

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

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

    60. Article 103 is renumbered 146 and is amended as:

    If a person who is not to be prosecuted refuses to accept the not-to-
prosecute decision made by the people's procuratorate in accordance with the
stipulations of Paragraph 2 of Article 142 of this Law, he 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.

    61. Article 104 is deleted.

    62. Article 105 is renumbered Article 147 and Paragraph 1 is amended as:

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

    Paragraph 2 is amended as:

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

    A paragraph is added thereto to make Paragraph 5:

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

    Paragraph 5 in the original text is renumbered Paragraph 6.

    63. Article 106 is renumbered Article 148 and is amended as:

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

    64. Article 107 is renumbered 149 and is amended as:

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

    65. Article 108 is renumbered Article 150 and is amended as:

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

    66. Article 109 in the original text is deleted.

    67. Article 110 is renumbered Article 151, and Item (2) is amended as:

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

    Item (5) is amended as:

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

    68. Article 111 is renumbered Article 152 and Paragraph 1 is amended as:

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

    69. Article 112 is renumbered Article 153 and Paragraph 1 is amended as:

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

    Paragraph 2 in the original text is deleted.

    70. Article 114 is renumbered Article 155 and is amended as:

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

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

    The judicial personnel may put questions to the accused.

    71. Article 115 is renumbered Article 156 and is amended as:

    When witnesses testify, the judicial personnel shall instruct the
witnesses to give testimony truthfully and advise him 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 permit of the
presiding judge, question the witnesses and expert witnesses. The presiding
judge, when considering any questioning irrelevant to the case, shall put a
stop to it.

    The judicial personnel may question the witnesses and expert witnesses.

    72. Article 116 is renumbered Article 157 and is amended as:

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

    73. An article is added after Article 116 to make Article 158:

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

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

    74. Article 118 is renumbered Article 160 and is amended as:

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

    75. Article 119 is renumbered Article 161 and is amended as:

    If any participant to the litigation or visiting audience violates the
order of the court in the process of the trial, the presiding judge shall
warn him 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 a thousand renminbi yuan or shall be detained for a period
of not exceeding fifteen days. The fine and detention must be approved by the
president of the people's court. If the punished person refuses to accept the
fine or detention, he may lodge a petition with the people's court at the
next higher level for reconsideration. The punishment shall not be suspended
during the time of reconsideration.

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

    76. Article 120 is renumbered Article 162 and is amended as:

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

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

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

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

    77. Article 123 is renumbered Article 165, with Item (3) being deleted
and Item (4) being renumbered item (3).

    78. An article is added after Article 123 to make Article 166:

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

    79. Article 125 is renumbered Article 168 and is amended as:

    The people's court shall pronounce the judgment on a case of 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.

    In case there is a change in the jurisdiction of the people's court, the
time limit for trial of the case shall be counted from the day of accepting
the case by the latter people's court.

    In case of supplementary investigation by the people's procuratorate,
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.

    80. An article is added after Article 125 to make Article 169:

    The people's procuratorate who discovers any violation of the litigation
procedure stipulated by law in the trial of the case by the people's court,
have the right to raise opinions on correction to the people's court.

    81. An article is added before Article 126 to make 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
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.

    82. Article 126 is renumbered Article 171 and is amended as:

    The people's court after examining a case of private prosecution, shall
proceed with it according to the respective circumstance specified hereunder:

    (1) Try the case at a court session if the criminal facts are clear and
supported by sufficient evidence; or

    (2) Persuade the private prosecutor to withdraw the prosecution, 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.

    The failure of the private prosecutor to appear in court without
justifiable reason after being summoned twice according to law or his
withdrawal during the court session without the permit of the court shall be
treated as the withdrawal of the prosecution.

    Where the judicial personnel find during the court session any evidence
questionable which requires investigation and verification, the stipulations
of Article 158 of this Law shall apply.

    83. Article 127 is renumbered Article 172 and is amended as:

    The people's court may conduct mediation in a case of 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.

    84. A section is added after Section 2 of Chapter II, Part Three to make
Section 3:

    Section 3  Summary Procedure

    Article 174  The people's courts may apply summary procedure to the cases
specified hereunder to be tried by one judge alone:

    (1) Cases of public prosecution in which facts are clear and evidence is
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;

    (2) Cases to be handled only upon complaint; or

    (3) Minor criminal cases initiated by the victim and proved by
evidence.

    Article 175  Where summary procedure applies to the trial of a public
prosecution case, the people's procuratorate need not send its personnel to
the court session. The accused may make statements on or defend himself
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 defender may, with the permit of the judicial personnel, conduct debates
with the public prosecutor.

    Article 176  In case summary procedure applies to the trial of private
prosecution, the accused and his defender may, after the reading out of the
bill of prosecution and with the permit of the judicial personnel, debate
with the private prosecutor and his agent ad litem.

    Article 177  Cases to which summary procedure applies shall not be
restricted by the stipulations of Section 1 of this Chapter pertaining to
interrogating the accused, questioning the witnesses and expert witnesses,
producing evidence and the procedure for debate in the court. However, the
final statement made by the accused shall be heard before the judgment is
pronounced.

    Article 178  Where the summary procedure applies to a case, the people's
court shall wind up the case within twenty days from the day of accepting it.

    Article 179  If the people's court finds in the process of trial that 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.

    85. Article 129 is renumbered Article 180 and Paragraph 1 is amended as:

    The accused, private prosecutor and their legal 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.

    86. An article is added after Article 130 to make Article 182:

    The victim and his legal representative who refuse to 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 legal representative, make a decision whether a protest be
filed, and reply to the petitioner accordingly.

    87. Article 132 is renumbered Article 184, and the term ``the party'' in
Paragraphs 1 and 2 is amended as ``the accused, private prosecutor and the
plaintiff and defendant in an incidental civil action''.

    88. An article is added after Article 134 to make Article 187:

    The people's court of second instance shall form a collegial 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.

    The people's court of second instance may hold the hearing in court
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.

    89. Article 135 is renumbered Article 188 and is amended as:

    In case either a protest has been filed by the people's 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 ten days
before the opening of the court session.

    90. Article 138 is renumbered Article 191 and is amended as:

    The people's court of second instance which discovers any 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:

    (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
which may affect the fair and just judgment;

    (4) Formation of the trial organization does not conform with the law; or

    (5) Any other violations of the stipulations on litigation procedure
which may affect the fair and just trial.

    91. Article 139 is renumbered Article 192 and is amended as:

    The people's court which originally tried a case shall form 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.

    92. An article is added after Article 140 to make Article 194:

    Where a case is remanded by the people's court of second 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.

    93. Article 142 is renumbered Article 196 and is amended as:

    The people's court of second instance shall conclude the 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 and to the approval of or decision by the
higher people's court of the province, autonomous region, municipality
directly under the central government; the Supreme People's Court, however,
shall make a decision on an appellant or protested case accepted by the
Supreme People's Court.

    94. An article is added after Article 143 to make Article 198:

    The public security organ, people's procuratorate and 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 the
relevant provisions of the state.

    The material objects to be used as evidence shall be transferred together
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.

    After the judgment rendered by the people's court enters into effect, all
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.

    The judicial staff members who have embezzled, used for other purpose, or
privately disposed the illegal money or property or the accrued interest held
in custody or frozen, shall be investigated for criminal responsibility, or
disciplinary sanction shall be inflicted if such an act does not constitute a
crime.

    95. Article 148 is renumbered Article 203 and is amended as:

    The parties and their legal representatives and near 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.

    96. An article is added after Article 148 to make Article 204:

    The people's court shall conduct a retrial if the petition submitted by
the parties or their legal representatives or near relatives meet one of the
instances specified hereunder:

    (1) Error of the facts confirmed in the original judgment or order which
are proved by new evidence;

    (2) The evidence on which judgment of guilt and measurement of punishment
have relied are not reliable and sufficient, or the principal evidence of the
facts of the case contradicts each other;

    (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
embezzlement, acceptance of bribery, seeking personal interest by
malpractice, intentional deviation from law for giving an evil judgment.

    97. Article 149 is renumbered Article 205, and Paragraph 3 is amended as:

    If any definite error is found by the Supreme People's Procuratorate in a
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.

    A paragraph is added to make Paragraph 4:

    The people's court which accepted the case protested by the people's
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 lower level to conduct a retrial.

    98. An article is added after Article 150 to make Article 207:

    The people's court re-trying a case in accordance with the 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 on retrial,
and the time limit, in case of a need of extension, shall not exceed six
months.

    Where a people's court accepts a case protested and conducts the trial of
the case in accordance with the procedure for trial supervision, the
stipulations of the preceding paragraph shall apply to 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.

    99. Article 153 is renumbered Article 210, and Paragraph 2 is amended as:

    If a criminal sentenced to death with a two-year suspension of execution
has not intentionally committed crime during the period of suspension of the
sentence, his 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 crime
committed intentionally is verified through investigation, his death sentence
shall therefore be executed, and the higher people's court shall submit it to
the Supreme People's Court for approval.

    100. Article 154 is renumbered Article 211, and an item is added in
Paragraph 1 to make Item (2):

    (2) If the criminal has exposed important criminal facts before the
execution of the sentence or has rendered other important meritorious service
which may cause a change in the judgment;

    Item (2) in the original text is renumbered Item (3).

    Paragraph 2 is amended as:

    After the reasons in Items (1) and (2) of the preceding paragraph causing
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.

    101. Article 155 is renumbered Article 212 and two paragraphs are added
to make Paragraph 2 and Paragraph 3:

    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
designated place for detention.

    Paragraphs 2, 3, 4 and 5 are renumbered Paragraphs 4, 5, 6 and 7.

    102. Article 156 is renumbered Article 213 and is amended as:

    When a criminal is delivered for the execution of the sentence, the
people's court entrusting the execution shall deliver the legal documents to
the prison or other executing organ.

    In case criminals are sentenced to death penalty with a two-year
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.

    In case the criminals are minors, the execution of the penalty shall be
effected by the education-under-surveillance house for minors.

    The executing organs shall timely take the criminals into their custody
and notify the criminals' families.

    The criminals who are sentenced to fixed-term imprisonment, criminal
detention shall, on completion of serving the sentence, be issued a release
certificate by the executing organ.

    103. Article 157 is renumbered Article 214 and is amended as:

    The criminals who are sentenced to fixed-term imprisonment or criminal
detention, may be permitted to temporarily serve his term outside prison,
subject to one of the following instances:

    (1) If the criminal is seriously ill and needs to be released on parole
for medical treatment; or

    (2) If the criminal is a pregnant woman or a woman bread-feeding her own
baby.

    The criminals shall not be released on parole for medical treatment, if
the release on parole for medical treatment, when effected, may cause danger
to the society, or if the criminal has injured or disabled himself.

    Where a criminal is assuredly serious ill and must be released on parole
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 approval in accordance with the procedure stipulated by law.

    The criminal who has been released on parole for medical treatment is
found not in conformity with, or in serious violation of the stipulations on,
the conditions required for being released on parole for medical treatment,
shall be timely put in prison.

    Where a criminal who is sentenced to fixed-term imprisonment or criminal
detention is unable to take care of himself for daily life and his serving
his term outside is not likely to harm the society, he may be temporarily
allowed to serve his term outside prison.

    That a criminal serves his term outside the prison shall be effected by
the public security organ in the place of his residence; the executing organ
shall exercise strict surveillance and supervision on him, while the
grass-root organization and the criminal's original unit shall assist in the
conduct of supervision.

    104. Two articles are added after Article 157 to make Articles 215 and
216:

    Article 215  The organs approving the temporary execution of the service
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.

    Article 216  After the circumstance causing the temporary execution
outside prison terminates, the criminal who has not completed the term of
imprisonment, shall be put in prison in time.

    The criminal who died during the period of the execution of service
outside prison shall be notified to the prison.

    105. Article 162 is renumbered Article 221 and Paragraph 1 is amended as:

    If a criminal commits a new crime while serving his 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.

    106. An article is added after Article 162 to make Article 222:

    The people's procuratorate which considers the order of the people's
court on mitigation of the sentence or on release on parole as
inappropriate, shall, within twenty 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
opinion on correction, reform a collegial panel for trial and make a final
order.

    107. Article 163 is renumbered Article 223 and is amended as:

    The prison or other organ which, in the execution 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.

    108. Article 164 is renumbered Article 224 and is amended as:

    The people's procuratorates shall exercise supervision over 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.

    109. Supplementary Provisions are added after Part Four:

    Supplementary Provisions

    Article 225  The security departments of the Army exercise the right to
investigate the criminal cases occurring in the army units.

    The crimes committed in jail by the criminals shall be investigated by
the prison.

    The relevant stipulations of this Law shall apply to the criminal cases
handled by the security departments of the Army and by the prisons.

    110. The decision shall enter into force as of January 1, 1997. The
Regulations of the People's Republic of China on Arrest and Detention, The
Decision of the Standing Committee of the National People's Congress on the
Procedure for Prompt Adjudication of Cases Involving Criminals Who Seriously
Endanger the Public Security, and The Supplementary Provisions of the
Standing Committee of the National People's Congress Concerning the Time
Limits for Handling Criminal Cases shall be simultaneously abrogated.