Laws of the People's Republic of China

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

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

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

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

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

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

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

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

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

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

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

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

    Appendix:
The Relevant Articles in the Criminal Procedure Law

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

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

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

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

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