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第二十条 中级人民法院管辖下列第一审刑事案件: (一)危害国家安全、恐怖活动案件; (二)可能判处无期徒刑、死刑的案件. ...

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中华人民共和国刑事诉讼法(修正)(二) wwlcj1982 于2008-04-01发布 l 已有人浏览   Article 167 The court clerk shall make a written record of the entire court proceedings, which sh

  Article 167 The court clerk shall make a written record of the entire court proceedings, which shall be examined by the presiding judge and then signed by him/her and the court clerk.

  That portion of the courtroom record comprising the testimony of witnesses shall be read out in court or given to the witnesses to read. After the witnesses acknowledge that the record is free of error, they shall sign or affix their season to it.

  The courtroom record shall be given to the parties to read or shall be read out to them. If a party considers that there are omissions or errors in the record, he/she may request additions or corrections to be made. After the parties acknowledge that the record is free of error, they shall sign or affix their seals onto it.

  Article 168 The people's court shall pronounce the judgment on a case of public prosecution within one month or nolater 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.

  Article 169 The people's procuratorate that discovers any violation of the litigation procedure stipulated by law in the trial of the case by the people's court, has the right to raise opinions on correction to the people's court.

  Section 2 Cases of Private Prosecution

  Article 170 Private prosecution includes the following cases:

  (1) Cases to be handled only upon complaints;

  (2) Cases involving minor crimes evidenced by the victim; and

  (3) Cases where the victim has evidence to prove that the act done by the accused has infringed upon the persona land 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.

  Article 171 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/her withdrawal during the court session without the permission 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.

  Article 172 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.

  Article 173 In the process of the proceedings, the accused in a case of private prosecution may raise a counterclaim against the private prosecutor. The provisions governing private prosecutions shall apply to counterclaims.

  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/herself against the crime alleged in the bill of prosecution. In case the people's procuratorate sends its personnel to the court session, the accused and his/her defender may, with the permission of the judicial personnel, conduct debates with the public prosecutor.

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

  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.

  Chapter III Procedure of Second Instance

  Article 180 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.

  A party to an incidental civil action or his/her legal representative may file an appeal against the portion of a judgment or order of first instance of the local people's courts that deals with the incidental civil action.

  The accused shall not be deprived on any pretext of his/her right to appeal.

  Article 181 If a local people's procuratorate considers that there is some definite error in a judgment or order of first instance of a people's court at the same level, it shall present a protest to the people's court at the next higher level.

  Article 182 The victim and his/her 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/her legal representative, make a decision whether a protest be filed, and reply to the petitioner accordingly.

  Article 183 The time limit for an appeal or a protest against a judgment shall be ten days and the time limit for an appeal or a protest against an order shall be five days; the time limit shall be counted from the day after the written judgment or order is received.

  Article 184 If the accused, the private prosecutor or the plaintiff or defendant in an incidental civil action files an appeal through the people's court which originally tried the case, the people's court shall within three days transfer the petition of appeal together with the case file and the evidence to the people's court at the next higher level; at the same time it shall deliver duplicates of the petition of appeal to the people's procuratorate at the same level and to the other parties.

  If the accused, the private prosecutor or the plaintiff or defendant in an incidental civil action files an appeal directly to the people's court of second instance, that people's court shall within three days transfer the petition of appeal to the people's court which originally tried the case, for delivery to the people's procuratorate at the same level and to the other parties.

  Article 185 If a local people's procuratorate protests against a judgment or order of first instance of the people's court at the same level, it shall present a written protest through the people's court which originally tried the case and send a copy of the written protest to the people's procuratorate at the next higher level. The people's court which originally tried the case shall transfer the written protest together with the case file and evidence to the people's court at the next higher level and shall deliver duplicates of the written protest to the parties.

  If the people's procuratorate at the next higher level considers the protest inappropriate, it may withdraw the protest from the people's court at the same level and notify the people's procuratorate at the next lower level.

  Article 186 A people's court of second instance shall conduct a complete review of the facts determined and the application of law in the judgment of first instance and shall not be limited by the scope or appeal or protest.

  If an appeal is filed by only some of the accused in a case of joint crime, the case shall still be reviewed and handled as a whole.

  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, incase 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.

  Article 188 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.

  Article 189 After hearing a case of appeal or protest against a judgment of first instance, the people's court of second instance shall handle it according to the conditions set forth below:

  (1) If the original judgment was correct in the determination of facts and the application of law and appropriate in the meting out of punishment, the people's court shall order rejection of the appeal or protest and affirm the original judgment;

  (2) If the original judgment contained no error in the determination of facts but the application of law was incorrect or the punishment was inappropriately decided, the people's court shall revise the judgment; or

  (3) If the facts in the original judgment are unclear or the evidence insufficient, the people's court may revise the judgment after ascertaining the facts, or it may rescind the original judgment and remand the case to the people's court which originally tried the case for retrial.

  Article 190 In the trial of a case appealed by the accused or his/her legal representative, defender or near relative, the people's court of second instance may not increase the criminal punishment on the accused.

  The restriction laid down in the preceding paragraph shall not apply to cases protested by a people's procuratorate or cases appealed by private prosecutors.

  Article 191 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 n 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 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 fair and just trial.

  Article 192 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.

  Article 193 After a people's court of second instance has reviewed an appeal or protest against an order of first instance, it shall order rejection of the appeal or protest or quash or revise the original order respectively with reference to the provisions of Articles 189, 191 and 192 of this Law.

  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.

  Article 195 A people's court of second instance shall try cases of appeal or protest with reference to the procedure of first instance unless otherwise stipulated in this Chapter.

  Article 196 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.

  Article 197 All judgments and orders of second instance and all judgments and orders of the Supreme People's Court shall be final.

  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 to 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 purposes, 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 sanctions shall be inflicted if such an act does not constitute a crime.

  Chapter IV Procedure for Review of Death Sentences

  Article 199 Death sentences shall be approved by the Supreme People's Court.

  Article 200 A case of first instance where an intermediate people's court has imposed a death sentence and the accused does not appeal shall be reviewed by a higher people's court and reported to the Supreme People's Court for approval. If the higher people's court does not agree with the death sentence, it may bring the case up for trial or remand the case for retrial.

  Cases of first instance where a higher people's court has imposed a death sentence and the accused does not appeal, and cases of second instance where a death sentence has been imposed shall be submitted to the Supreme People's Court for approval.

  Article 201 A Case where an intermediate people's court has imposed a death sentence with a two-year suspension of execution, shall be approved by a higher people's court.

  Article 202 Reviews by the Supreme People's Court of cases involving death sentences and reviews by a higher people's court of cases involving death sentences with a suspension of execution shall be conducted by collegial panels composed of three judges.

  Chapter V Procedure for Trial Supervision

  Article 203 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.

  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.

  Article 205 If the president of a people's court at any level finds some definite error in a legally effective judgment or order of his/her court as to the determination of facts or application of law, he/she shall refer the matter to the judicial committee for handling.

  If the Supreme People's Court finds some definite error in a legally effective judgment or order of a people's court at any lower level, or if a people's court at a higher level finds some definite error in a legally effective judgment or order of a people's court at a lower level, it shall have the power to bring the case up for trial itself or may direct a people's court at a lower level to conduct a retrial.

  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.

  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 the lower level to conduct a retrial.

  Article 206 A new collegial panel shall be formed for the retrial of a case by a people's court in accordance with the procedure for trial supervision. If the case was originally one of first instance, it shall be tried in accordance with the procedure of first instance and the new judgment or order may be appealed or protested. If the case was originally one of second instance or was brought up for trial by a people's court at a higher level, it shall be tried in accordance with the procedure of second instance and the judgment or order rendered shall be final.

  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 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.

  Part IV Execution

  Article 208 Judgments and orders shall be executed after they become legally effective.

  The following judgments and orders are legally effective:

  (1) judgments and orders against which no appeal or protest has been filed within the legally prescribed time limit;

  (2) judgments and orders of final instance; and

  (3) judgments of the death penalty approved by the Supreme People's Court and judgments of the death penalty with a two-year suspension of execution approved by a higher people's court.

  Article 209 If the accused in custody is given the verdict of being not guilty or exempted from criminal punishment by a people's court of first instance, he/she shall be released immediately after the judgment is pronounced.

  Article 210 When a judgment of the death penalty with immediate execution is pronounced or approved by the Supreme People's Court, the President of the Supreme People's Court shall sign and issue an order to execute the death sentence.

  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/her punishment shall therefore be mitigated on expiration of the suspension period of the death sentence, and the executing organ shall submit a written recommendation to the higher people's court for an order; if crime committed intentionally is verified through investigation, his/her death sentence shall therefore be executed, and the higher people's court shall submit it to the Supreme People's Court for approval.

  Article 211 After receiving an order from the Supreme People's Court to execute a death sentence, the people's court at a lower level shall cause the sentence to be executed within seven days. However, under either of the following conditions the people's court at a lower level shall suspend execution and immediately submit a report to the Supreme People's Court for an order:

  (1) If it is discovered before the execution of the sentence that the judgment may contain an error;

  (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; or

  (3) If the criminal is pregnant.

  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.

  Article 212 Before a people's court causes a death sentence to be executed, it shall notify the people's procuratorate at the same level to send an official to supervise the execution.

  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.

  The judicial personnel directing the execution shall verify the identity of the criminal, ask him/her if he/she has any last words or letters and then deliver him/her to the executioner for execution of the death sentence. If it is discovered before the execution that there may be an error, the execution shall be suspended and a report submitted to the Supreme People's Court for an order.

  Executions of death sentences shall be announced but shall not be held in public.

  After a death sentence is executed, the attending court clerk shall prepare a written record of it. The people's court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court.

  After a death sentence is executed, the people's court that caused the sentence to be executed shall notify the family of the criminal.

  Article 213 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.

  Article 214 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 bail for medical treatment; or

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

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

  Where a criminal assuredly has serious illness and must be released on bail for medical treatment, a documentary evidence shall be issued by a hospital designated by a provincial-level people's government, and such release shall be submitted for examination and approval in pursuance of the procedures stipulated by law.

  The criminal who has been released on bail for medical treatment is found not in conformity with, or in serious violation of the stipulations on, the conditions required for being released on bail 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/herself in daily life and his/her serving his/her term outside is not likely to harm the society, he/she may be temporarily allowed to serve his/her term outside prison.

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

  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.

  Article 217 A criminal who has been sentenced to imprisonment with a suspension of execution shall be delivered by the public security organ to his/her unit or a grass-roots organization for observation.

  A criminal released on parole shall be supervised by a public security organ during the probation period for parole.

  Article 218 Sentences of public surveillance or deprivation of political rights that have been imposed on criminals shall be executed by the public security organs. When such a sentence has been completed, the executing organ shall notify the criminal himself/herself and publicly announce to the masses concerned the ending of public surveillance or the restoration of political rights.

  Article 219 If a criminal sentenced to a fine fails to pay the fine within the time limit, the people's court shall compel him/her to pay. If he/she has real difficulties in paying because he/she has suffered an unavoidable disaster, an order may be made to reduce the fine or exempt him/her from payment.

  Article 220 All sentences of confiscation of property, whether imposed as a supplementary punishment or independently, shall be executed by the people's courts; when necessary, the people's courts may execute such judgments jointly with the public security organs.

  Article 221 If a criminal commits a new crime while serving his/her 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.

  If a criminal sentenced to public surveillance, criminal detention, fix-term imprisonment or life imprisonment shows true repentance or renders meritorious service while serving his/her sentence and should be granted a commutation of sentence or be released on parole according to law, the executing organ shall submit a written recommendation to the people's court for examination and an order.

  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.

  Article 223 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.

  Article 224 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.

  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 prisons.

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

  THE DECISION OF THE NATIONAL PEOPLE'S CONGRESS ON AMENDMENTS OF THE CRIMINAL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA

  (Adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996, promulgated by Order N0.64 of the President of the People's Republic of China on March 17, 1996)

  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 a fore-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 a fore-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.

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《中华人民共和国刑事诉讼法(修正)(二)_中国法律法规大全英文版_法律英语_笔译口译,中华共和国民事诉讼法,中华人民共和国诉讼法,中华共和国刑事诉讼法》文章由:五六月考试网网友来稿提供。

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