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Foreign Law
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中华人民共和国刑事诉讼法英语版

发布日期:2017-11-14

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, promulgated by Order No.6 of the Chairman of the Standing Committee of the National People's Congress on July 7, 1979 and effective as of January 1, 1980; amended in according with the Decision on Revising the Criminal Procedure Law of the People's Republic of China adopted at the Forth Session of the Eighth National People's Congress on March 17, 1996)

 

Contents

Part One General Provisions

Chapter I Aim and Basic Principles

Chapter II Jurisdiction

Chapter III Withdrawal

Chapter IV Defence and Representation

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 the People's Procuratorates

Chapter III Initiation of Public Prosecution

Part Three Trial

Chapter I Trial Organizations

Chapter II Procedure of First Instance

Section 1 Cases of Public Prosecution

Section 2 Cases of Private Prosecution

Section 3 Summary Procedure

Chapter III Procedure of Second Instance

Chapter IV Procedure for Review of Death Sentences

Chapter V Procedure for Trial Supervision

Part Four Execution

Supplementary Provisions

Part One

General Provisions

Chapter I

Aim and Basic Principles

Article 1 This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the

Criminal Law, punishing crimes, protecting the people, safeguarding State and public security and maintaining socialist

public order.

Article 2 The aim of the Criminal Procedure Law of the People's Republic of China is: to ensure accurate and timely

ascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocent

against being investigated for criminal responsibility; to enhance the citizens' awareness of the need to abide by law and

to fight vigorously against criminal acts in order to safeguard the socialist legal system, to protect the citizens'

personal rights; their property rights, democratic rights and other rights; and to guarantee smooth progress of the cause of

socialist development.

Article 3 The public security organs shall be responsible for investigation, detention, execution of arrests and preliminary

inquiry in criminal cases. The People's Procuratorates shall be responsible for procuratorial work, authorizing approval of

arrests, conducting investigation and initiating public prosecution of cases directly accepted by the procuratorial organs.

The People's Courts shall be responsible for adjudication. Except as otherwise provided by law, no other organs,

organizations or individuals shall have the authority to exercise such powers.

In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organs must

strictly observe this Law and any relevant stipulations of other laws.

Article 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security,

performing the same functions and powers as the public security organs.

Article 5 The People's Courts shall exercise judicial power independently in accordance with law and the People's

Procuratorates shall exercise procuratorial power independently in accordance with law, and they shall be free from

interference by any administrative organ, public organization or individual.

Article 6 In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security

organs must rely on the masses, base themselves on facts and take law as the criterion. The law applies equally to all

citizens and no privilege whatsoever is permissible before law.

Article 7 In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security

organs shall divide responsibilities, coordinate their efforts and check each other to ensure the correct and effective

enforcement of law.

Article 8 The People's Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings.

Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in court

proceedings. The People's Courts, the People's Procuratorates and the public security organs shall provide translations for

any party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality.

Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in

one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and

other documents shall be issued in the written language commonly used in the locality.

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

Article 11 Cases in the People's Courts shall be heard in public, unless otherwise provided by this Law. A defendant shall

have the right to defence, and the People's Courts shall have the duty to guarantee his defence.

Article 12 No person shall be found guilty without being judged as such by a People's Court according to law.

Article 13 In trying cases, the People's Courts shall apply the system of people's assessors taking part in trials in

accordance with this Law.

Article 14 The People's Courts, the People's Procuratorates and the public security organs shall safeguard the procedural

rights to which participants in proceedings are entitled according to law.

In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the

defendant may be notified to be present at the time of interrogation and trial.

Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts

infringe on their citizen's procedural rights or subject their persons to indignities.

Article 15 In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has

already been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be

terminated, or innocence shall be declared:

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

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

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

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

complaint has been withdrawn;

(5) if the criminal suspect or defendant is deceased; or

(6) if other laws provide an exemption from investigation of criminal responsibility.

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

investigated.

If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be

investigated, those cases shall be resolved through diplomatic channels.

Article 17 In accordance with the international treaties which the People's Republic of China has concluded or acceded to or

on the principle of reciprocity, the judicial organs of China and that of other countries may request judicial assistance

from each other in criminal affairs.

Chapter II

Jurisdiction

Article 18 Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by

law.

Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving

violations of a citizen's personal rights such as illegal detention, extortion of confessions by torture, retaliation,

frame-up and illegal search and crimes involving infringement of a citizen's democratic rights -- committed by State

functionaries by taking advantage of their functions and powers -- shall be placed on file for investigation by the People's

Procuratorates. If cases involving other grave crimes committed by State functionaries by taking advantage of their functions

and powers need be handled directly by the People's Procuratorates, they may be placed on file for investigation by the

People's Procuratorates upon decision by the People's Procuratorates at or above the provincial level.

Cases of private prosecution shall be handled directly by the People's Courts.

Article 19 The Primary People's Courts shall have jurisdiction as courts of first instance over ordinary criminal cases;

however, those cases which fall under the jurisdiction of the People's Courts at higher levels as stipulated by this Law

shall be exceptions.

Article 20 The Intermediate People's Courts shall have jurisdiction as courts of first instance over the following criminal

cases:

(1) counterrevolutionary cases and cases endangering State security;

(2) ordinary criminal cases punishable by life imprisonment or the death penalty; and

(3) criminal cases in which the offenders are foreigners.

Article 21 The Higher People's Courts shall have jurisdiction as courts of first instance over major criminal cases that

pertain to an entire province (or autonomous region, or municipality directly under the Central Government).

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

pertain to the whole nation.

Article 23 When necessary, People's Courts at higher levels may try criminal cases over which People's Courts at lower

levels have jurisdiction as courts of first instance; If a People's Court at a lower level considers the circumstances of a

criminal case in the first instance to be major or complex and to necessitate a trial by a People's Court at a higher level,

it may request that the case be transferred to the People's Court at the next higher level for trial.

Article 24 A criminal case shall be under the jurisdiction of the People's Court in the place where the crime was committed.

If it is more appropriate for the case to be tried by the People's Court in the place where the defendant resides, then

that court may have jurisdiction over the case.

Article 25 When two or more People's Courts at the same level have jurisdiction over a case, it shall be tried by the

People's Court that first accepted it. When necessary the case may be transferred for trial to the People's Court in the

principal place where the crime was committed.

Article 26 A People's Court at a higher level may instruct a People's Court at a lower level to try a case over which

jurisdiction is unclear and may also instruct a People's Court at a lower level to transfer the case to another People's

Court for trial.

Article 27 The jurisdiction over cases in special People's Courts shall be stipulated separately.

Chapter III

Withdrawal

Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall

voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his

withdrawal:

(1) if he is a party or a near relative of a party to the case;

(2) if he or a near relative of his has an interest in the case;

(3) if he has served as a witness, expert witness, defender or agent ad litem in the current case ; or

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

Article 29 Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a

case or the persons entrusted by the parties and shall not in violation of regulations meet with the parties to a case or

the persons entrusted by the parties.

Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal

responsibility. The parties to the case and their legal representatives shall have the right to request him to withdraw.

Article 30 The withdrawal of a judge, procurator and investigator 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.

An investigator may not suspend investigation of a case before a decision is made on his withdrawal.

If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for

reconsideration once.

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

witnesses.

Chapter IV

Defence and Representation

Article 32 In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or two

persons as his defenders. The following persons may be entrusted as defenders:

(1) lawyers;

(2) persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and

(3) guardians or relatives and friends of the criminal suspect or the defendant.

Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not

serve as defenders.

Article 33 A criminal suspect in a case of public prosecution shall have the right to entrust persons as his defenders from

the date on which the case is transferred for examination before prosecution. A defendant in a case of private prosecution

shall have the right to entrust persons as his defenders at any time.

A People's Procuratorate shall, within three days from the date of receiving the file record of a case transferred for

examination before prosecution, inform the criminal suspect that he has the right to entrust persons as his defenders. A

People's Court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that

he has the right to entrust persons as his defenders.

Article 34 If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone to

be his defender due to financial difficulties or other reasons, the People's Court may designate a lawyer that is obligated

to provide legal aid to serve as a defender.

If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the

People's Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.

If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his

defender, the People's Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.

Article 35 The responsibility of a defender shall be to present, according to the facts and law, materials and opinions

proving the innocence of the criminal suspect or defendant, the pettiness of his 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 defendant.

Article 36 Defence lawyers may, from the date on which the People's Procuratorate begins to examine a case for prosecution,

consult, extract and duplicate the judicial documents pertaining to the current case and the technical verification material,

and may meet and correspond with the criminal suspect in custody. Other defenders, with permission of the People's

Procuratorate, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the criminal

suspect in custody.

Defence lawyers may, from the date on which the People's Court accepts a case, consult, extract and duplicate the material

of the facts of the crime accused in the current case, and may meet and correspond with the defendant in custody. Other

defenders, with permission of the People's Court, may also consult, extract and duplicate the above-mentioned material, and

may meet and correspond with the defendant in custody.

Article 37 Defence lawyers may, with the consent of the witnesses or other units and individuals concerned, collect

information pertaining to the current case from them and they may also apply to the People's Procuratorate or the

People's Court for the collection and obtaining of evidence, or request the People's Court to inform the witnesses to appear

in court and give testimony.

With permission of the People's Procuratorate or the People's Court and with the consent of the victim, his near relatives or

the witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.

Article 38 Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy or

falsify evidence or to tally their confessions, and shall not intimidate or induce the witnesses to modify their testimony or

give false testimony or conduct other acts to interfere with the proceedings of the judicial organs.

Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.

Article 39 During a trial, the defendant may refuse to have his defender continue to defend him and may entrust his defence

to another defender.

Article 40 A victim in a case of public prosecution, his legal representatives or near relatives, and a party in an

incidental civil action and his legal representatives shall, from the date on which the case is transferred for examination

before prosecution, have the right to entrust agents ad litem. A private prosecutor in a case of private prosecution and his

legal representatives, and a party in an incidental civil action and his legal representatives shall have the right to

entrust agents ad litem at any time.

The People's Procuratorate shall, within three days from the date of receiving the file record of a case transferred for

examination before prosecution, notify the victim and his legal representatives or near relatives and the party in an

incidental civil action and his legal representatives that they have the right to entrust agents ad litem. The People's Court

shall, within three days from the date of accepting a case of private prosecution, notify the private prosecutor and his

legal representatives and the party in an incidental civil action and his legal representatives that they have the right to

entrust agents ad litem.

Article 41 With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis

mutandis.

Chapter V

Evidence

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

There shall be the following seven categories of evidence:

(1) material evidence and documentary evidence;

(2) testimony of witnesses;

(3) statements of victims;

(4) statements and exculpations of criminal suspects or defendants;

(5) expert conclusions;

(6) records of inquests and examination; and

(7) audio-visual materials.

Any of the above evidence must be verified before it can be used as the basis for deciding cases.

Article 43 Judges, procurators and investigators must, in accordance with the legally prescribed process, collect various

kinds of evidence that can prove the criminal suspect's or defendant's guilt or innocence and the gravity of his crime. It

shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other

unlawful means. Conditions must be guaranteed for all citizens who are involved in a case or who have information about the

circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought

in to help the investigation.

Article 44 The public security organ's requests for approval of arrest, the People's Procuratorate's bills of prosecution

and the People's Court's written judgments must be faithful to the facts. The responsibility of anyone who intentionally

conceals the facts shall be investigated.

Article 45 The People's Courts, the People's Procuratorates and the public security organs shall have the authority to

collect or obtain evidence from the units and individuals concerned. The units and individuals concerned shall provide

truthful evidence.

Evidence involving State secrets shall be kept confidential.

Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated

under law.

Article 46 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be

readily given to oral statements. A defendant cannot be found guilty and sentenced to a criminal punishment if there is

only his statement but no evidence; the defendant may be found guilty and sentenced to a criminal punishment if evidence is

sufficient and reliable, even without his statement.

Article 47 The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned

and cross-examined in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant 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 law.

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

Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express

themselves shall not be qualified as witnesses.

Article 49 The People's Courts, the People's Procuratorates and the public security organs shall insure the safety of

witnesses and their near relatives.

Anyone who intimidates, humiliates, beats or retaliates against a witness or his near relatives, if his act constitutes a

crime, shall be investigated for criminal responsibility according to law; if the case is not serious enough for criminal

punishment, he shall be punished for violation of public security in accordance with law.

Chapter VI

Compulsory Measures

Article 50 The People's Courts, the People's Procuratorates and the public security organs may, according to the

circumstances of a case, issue a warrant to compel the appearance of the criminal suspect or defendant, order him to obtain a

guarantor pending trial or subject him to residential surveillance.

Article 51 The People's Courts, the People's Procuratorates and the public security organs may allow criminal suspects or

defendants under any of the following conditions to obtain a guarantor pending trial or subject them to residential

surveillance:

(1) They may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or

(2) They may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if they are

allowed to obtain a guarantor pending trial or are placed under residential surveillance.

The public security organs shall execute the decision on allowing a criminal suspect or defendant to obtain a guarantor

pending trial or on subjecting him to residential surveillance.

Article 52 A criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right

to apply for obtaining a guarantor pending trial.

Article 53 If the People's Courts, the People's Procuratorates or the public security organs decide to allow a criminal

suspect or defendant to obtain a guarantor pending trial, they shall order the criminal suspect or defendant to provide a

guarantor or pay guaranty money.

Article 54 A guarantor must be a person who meets the following conditions:

(1) to be not involved in the current case;

(2) to be able to perform a guarantor's duties;

(3) to be entitled to political rights and not subjected to restriction of personal freedom; and

(4) to have a fixed domicile and steady income.

Article 55 A guarantor shall perform the following duties:

(1) to see to it that the person under his guarantee observes the provisions of Article 56 of this Law; and

(2) to promptly report to the executing organ when finding that the person under his guarantee may commit or has already

committed acts in violation of the provisions of Article 56 of this Law.

If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the

provisions of Article 56 of this Law, he shall be fined. If the case constitutes a crime, criminal responsibility shall be

investigated according to law.

Article 56 A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following

provisions:

(1) not to leave the city or county where he resides without permission of the executing organ;

(2) to be present in time at a court when summoned;

(3) not to interfere in any form with the witness when the latter gives testimony; and

(4) not to destroy or falsify evidence or tally confessions.

If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding

paragraph, the guaranty money paid shall be confiscated. In addition, in light of specific circumstances, the criminal

suspect or defendant shall be ordered to write a statement of repentance, pay guaranty money or provide a guarantor again, or

shall be subjected to residential surveillance or arrested. If a criminal suspect or defendant is found not to have violated

the provisions in the preceding paragraph during the period when he has obtained a guarantor pending trial, the guaranty

money shall be returned to him at the end of the period.

Article 57 A criminal suspect or defendant under residential surveillance shall observe the following provisions:

(1) not to leave his domicile without permission of the executing organ or, if he has no fixed domicile, not to leave the

designated residence without permission;

(2) not to meet with others without permission of the executing organ;

(3) to be present in time at a court when summoned;

(4) not to interfere in any form with the witness when the latter gives testimony; and

(5) not to destroy or falsify evidence or tally confessions.

If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and if

the case is serious, he shall be arrested.

Article 58 The period granted by a People's Court, People's Procuratorate or public security organ to a criminal suspect or

defendant for awaiting trial after obtaining a guarantor shall not exceed twelve months; the period for residential

surveillance shall not exceed six months.

During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under

residential surveillance, investigation, prosecution and handling of the case shall not be suspended. If it is discovered

that the criminal suspect or the defendant should not be investigated for criminal responsibility or when the period for

awaiting trial after obtaining a guarantor or the period of residential surveillance has expired, such period shall be

terminated without delay. The person who has obtained a guarantor pending trial or who is under residential surveillance and

the units concerned shall be notified of the termination immediately.

Article 59 Arrests of criminal suspects or defendants shall be subject to approval by a People's Procuratorate or decision

by a People's Court and shall be executed by a public security organ.

Article 60 When there is evidence to support the facts of a crime and the criminal suspect or defendant could be

sentenced to a punishment of not less than imprisonment, and if such measures as allowing him to obtain a guarantor pending

trial or placing him under residential surveillance would be insufficient to prevent the occurrence of danger to society,

thus necessitating his arrest, the criminal suspect or defendant shall be immediately arrested according to law.

If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman

breast-feeding her own baby, he or she may be allowed to obtain a guarantor pending trial or be placed under residential

surveillance.

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

conditions:

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

committing a crime;

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

(3) if criminal evidence is found on his body or at his residence;

(4) if he attempts to commit suicide or escape after committing a crime, or he is a fugitive;

(5) if there is likelihood of his destroying or falsifying evidence or tallying confessions;

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

(7) if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang.

Article 62 When a public security organ is to detain or arrest a person in another place, it shall inform the public

security organ in the place where the person to be detained or arrested stays, and the public security organ there shall

cooperate in the action.

Article 63 The persons listed below may be seized outright by any citizen and delivered to a public security organ, a

People's Procuratorate or a People's Court for handling:

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

(2) any person who is wanted for arrest;

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

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

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

Within 24 hours after a person has been detained, his family or the unit to which he belongs shall be notified of the reasons

for detention and the place of custody, except in circumstances where such notification would hinder the investigation or

there is no way of notifying them.

Article 65 A public security organ shall interrogate a detainee within 24 hours after detention. If it is found that the

person should not have been detained, he 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 obtain a guarantor pending trial or place him under residential surveillance.

Article 66 When a public security organ wishes to arrest a criminal suspect, it shall submit a written request for approval

of arrest together with the case file and evidence to the People's Procuratorate at the same level for examination and

approval. When necessary, the People's Procuratorate may send procurators to participate in the public security organ's

discussion of a major case.

Article 67 The chief procurator shall make the decision on a People's Procuratorate's examination and approval of the

arrest of a criminal suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.

Article 68 After a People's Procuratorate has examined a case with respect to which a public security organ has submitted a

request for approval of arrest, it shall decide according to the circumstances of the case either to approve the arrest or

disapprove the arrest. If it decides to approve the arrest, the public security organ shall execute it immediately and inform

the People's Procuratorate of the result without delay. If the People's Procuratorate disapproves the arrest, it shall give

its reasons therefor; and if it deems a supplementary investigation necessary, it shall at the same time notify the public

security organ of the need.

Article 69 If the public security organ deems it necessary to arrest a detainee, it shall, within three days after the

detention, submit a request to the People's Procuratorate for examination and approval. Under special circumstances, the time

limit for submitting a request for examination and approval may be extended by one to four days.

As to the arrest of a major suspect involved in crimes committed from one place to another, repeatedly, or in a gang, the

time limit for submitting a request for examination and approval may be extended to 30 days.

The People's Procuratorate shall decide either to approve or disapprove the arrest within seven days from the date of

receiving the written request for approval of arrest submitted by a public security organ. If the People's Procuratorate

disapproves the arrest, the public security organ shall, upon receiving notification, immediately release the detainee and

inform the People's Procuratorate of the result without delay. If further investigation is necessary, and if the released

person meets the conditions for obtaining a guarantor pending trial or for residential surveillance, he shall be allowed to

obtain a guarantor pending trial or subjected to residential surveillance according to law.

Article 70 If the public security organ considers the People's Procuratorate's decision to disapprove an arrest to be

incorrect, it may request a reconsideration but must immediately release the detainee. If the public security organ's

opinion is not accepted, it may request a review by the People's Procuratorate at the next higher level. The People's

Procuratorate at the higher level shall immediately review the matter, decide whether or not to make a change and notify the

People's Procuratorate at the lower level and the public security organ to implement its decision.

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

Within 24 hours after an arrest, the family of the arrested person or the unit to which he 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.

Article 72 Interrogation must be conducted within 24 hours after the arrest, by a People's Court or People's Procuratorate

with respect to a person it has decided to arrest, and by a public security organ with respect to a person it has arrested

with the approval of the People's Procuratorate. If it is found that the person should not have been arrested, he must be

immediately released and issued a release certificate.

Article 73 If a People's Court, a People's Procuratorate or a public security organ finds that the compulsory measures

adopted against a criminal suspect or defendant are inappropriate, such measures shall be cancelled or modified without

delay. If a public security organ releases a person arrested or substitute the measure of arrest with a different measure ,

it shall notify the People's Procuratorate that approved the arrest.

Article 74 If a case involving a criminal suspect or defendant in custody cannot be closed within the time limit stipulated

by this Law for keeping the criminal suspect or defendant under custody for the sake of investigation, for conducting

examination before prosecution, or for the procedure of first or second instance and thus further investigation, verification

and handling are needed, the criminal suspect or defendant may be allowed to obtain a guarantor pending trial or subjected

to residential surveillance.

Article 75 If the compulsory measures adopted by a People's Court, a People's Procuratorate or a public security organ

exceed the time limit prescribed by law, the criminal suspect or defendant, his legal representatives, near relatives, or

the lawyers or other defenders entrusted by the criminal suspect or defendant shall have the right to demand cancellation of

the compulsory measures. The People's Court, the People's Procuratorate, or the public security organ shall release the

criminal suspect or defendant when the compulsory measures adopted against him have exceeded the time limit prescribed by

law, terminate the period for awaiting trial after obtaining a guarantor or for residential surveillance, or take

different compulsory measures according to law.

Article 76 If in the process of examining and approving arrests, a People's Procuratorate discovers illegalities in the

investigatory activities of a 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 the corrections it has made.

Chapter VII

Incidental Civil Actions

Article 77 If a victim has suffered material losses as a result of the defendant's criminal act, he shall have the right

to file an incidental civil action during the course of the criminal proceeding.

If losses have been caused to State property or collective property, the People's Procuratorate may file an incidental civil

action while initiating a public prosecution.

When necessary, the People's Court may seal up or distrain upon the property of the defendant.

Article 78 An incidental civil action shall be heard together with the criminal case. Only for the purpose of preventing

excessive delay in a trial of the criminal case may the same judicial organization, after completing the trial of the

criminal case, continue to hear the incidental civ

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