II. Please refer to the "20 12 Amendment to the Criminal Procedure Law" for amending the first part of the General Provisions:
1. Article 2 is amended as: "The tasks of the Criminal Procedure Law of People's Republic of China (PRC) are to accurately and timely identify criminal facts, correctly apply the law, punish criminals, protect innocent people from criminal investigation, educate citizens to consciously abide by the law, actively fight against criminal acts, safeguard the socialist legal system, respect and protect human rights, protect citizens' personal rights, property rights, democratic rights and other rights, and protect socialist construction.
2. Paragraph 1 of Article 14 is amended as: "The people's courts, people's procuratorates and public security organs shall protect the right to defense and other litigation rights of criminal suspects, defendants and other participants in litigation according to law."
Delete the second paragraph.
Three. Article 20 is amended as: "The Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance:
"(1) Cases endangering national security and terrorist activities;
"(2) Cases that may be sentenced to life imprisonment or death penalty."
Four. Article 31 is amended as: "The provisions on withdrawal in this chapter shall apply to clerks, translators and expert witnesses.
"Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this Chapter."
5. Article 33 is amended as: "A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
"When the investigation organ interrogates the criminal suspect for the first time or takes compulsory measures against the criminal suspect, it shall inform the criminal suspect that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
"If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of the criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Article 34 of the intransitive verb is amended as: "If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
"If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to defend his appointed lawyer.
"If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him."
Seven. Article 35 is amended as: "The duty of a defender is to put forward materials and opinions on whether a criminal suspect or defendant is innocent, lightened or exempted from criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant."
One article is added as Article 36: "A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Learn from the investigation organ about the crimes and cases suspected by the criminal suspect and put forward opinions. "
Nine, thirty-sixth to two, as thirty-seventh, thirty-eighth, as amended:
Article 37 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
"If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate and a power of attorney or a letter of legal aid to meet with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, no later than 48 hours.
"In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers shall obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
"Defense lawyers can understand the case and provide legal advice when meeting with criminal suspects and defendants in custody. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
"The provisions of the first paragraph, the third paragraph and the fourth paragraph shall apply to the meetings and correspondence between the defense lawyers and the criminal suspects and defendants living under surveillance.
Article 38 A defense lawyer may consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate. "
Ten, two articles are added as thirty-ninth and fortieth:
"Article 39 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or light crimes of criminal suspects and defendants have not been submitted during the investigation, examination and prosecution have the right to apply to the people's procuratorates or people's courts for retrieval.
"Article 40 If the evidence collected by the defender proves that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, he shall promptly inform the public security organ and the people's procuratorate."
Xi。 Article 38 is renumbered as Article 42 and amended as: "A defender or any other person shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude with others, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial proceedings.
"In violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. If the defender is a lawyer, he shall promptly notify the law firm where he belongs or the lawyers association to which he belongs. "
Twelve, two articles are added as forty-sixth and forty-seventh:
"Article 46 A defense lawyer shall have the right to keep confidential the relevant information and materials of the client he knows in his practice. However, if the defense lawyer knows that the client or others are preparing or committing criminal acts that endanger national security, public security and seriously endanger the personal safety of others, he shall promptly inform the judicial organs.
"Article 47 Defenders and agents ad litem who believe that public security organs, people's procuratorates, people's courts and their staff members hinder them from exercising their litigation rights according to law have the right to appeal or accuse to the people's procuratorate at the same level or at the next higher level. The people's procuratorate shall promptly examine the complaint or accusation. If the situation is true, it shall notify the relevant authorities to correct it. "
Thirteen. Article 42 is renumbered as Article 48 and amended as: "All materials that can be used to prove the facts of a case are evidence.
"The evidence includes:
"(1) Physical evidence;
"(2) Documentary evidence;
"(3) Testimony of witnesses;
"(4) the victim's statement;
"(5) confessions and excuses of criminal suspects and defendants;
"(6) Appraisal opinions;
"(7) Records of the inquest, inspection, appraisal, investigation and experiment;
"(8) Audio-visual materials and electronic data.
"The evidence must be verified before it can be used as the basis for deciding a case."
14. One article is added as Article 49: "The burden of proof of the defendant's guilt in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof of the defendant's guilt in a private prosecution case shall be borne by the private prosecutor."
15. Article 43 is changed to Article 50 and amended as: "Judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of the crime according to legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. We must ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be recruited to assist in the investigation except in special circumstances. "
16. Article 45 is renumbered as Article 52, and one paragraph is added as the second paragraph: "Evidence materials such as physical evidence, documentary evidence, audio-visual materials and electronic data collected by administrative organs in the process of administrative law enforcement and case investigation can be used as evidence in criminal proceedings."
Paragraph 2 is renumbered as paragraph 3 and amended as: "Evidence involving state secrets, business secrets and personal privacy shall be kept confidential."
Seventeen. Article 46 is renumbered as Article 53 and amended as: "In sentencing all cases, attention should be paid to evidence, investigation and study, and confession should not be trusted. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished.
"The evidence is true and sufficient and shall meet the following conditions:
"(a) the facts of conviction and sentencing are proved by evidence;
"(two) the evidence on which the final decision is based has been verified by legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
Eighteen, five articles are added as fifty-fourth, fifty-fifth, fifty-sixth, fifty-seventh and fifty-eighth:
"Article 54 The confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, and witness testimony and victim statements collected by illegal methods such as violence and threats shall be excluded. If the collection of material evidence and documentary evidence does not conform to legal procedures and may seriously affect judicial justice, it shall be corrected or a reasonable explanation shall be made; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded.
"In the investigation, examination, prosecution and trial, it is found that there is evidence that should be excluded, which shall be excluded according to law and shall not be used as the basis for prosecution opinions, prosecution decisions and judgments.
"Article 55 If a people's procuratorate receives a report, charges, reports or finds that investigators use illegal methods to collect evidence, it shall investigate and verify it. If the evidence collected by illegal means is true, it shall put forward rectification opinions; If a crime is constituted, criminal responsibility shall be investigated according to law.
"Article 56 In the course of court hearing, if the judges think that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of this Law, they shall conduct court investigation on the legality of collecting evidence.
"The parties and their defenders and agents ad litem have the right to apply to the people's court to exclude evidence collected by illegal means. When applying for the exclusion of illegally collected evidence, relevant clues or materials shall be provided.
"Article 57 The people's procuratorate shall prove the legality of evidence collection in the process of court investigation.
"If the existing evidence materials cannot prove the legality of collecting evidence, the people's procuratorate may request the people's court to notify the relevant investigators or other personnel to appear in court to explain the situation; The people's court may notify the relevant investigators or other personnel to appear in court to explain the situation. Relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the people's court, the relevant personnel shall appear in court.
Article 58 If the existence of evidence collected by illegal means as stipulated in Article 54 of this Law is confirmed or cannot be ruled out after hearing, the evidence shall be ruled out.
19. Article 47 is changed to Article 59, which is amended as: "The testimony of a witness must be cross-examined and verified by the public prosecutor, the victim, the defendant and the defender in court before it can be used as the basis for finalizing the case. If the court finds that the witness intentionally perjures or conceals criminal evidence, it shall be dealt with according to law. "
Twenty, two articles are added as sixty-second and sixty-third:
"Sixty-second cases of crimes endangering national security, crimes of terrorist activities, crimes of organized underworld organizations, and drug crimes. The people's court, people's procuratorate and public security organ shall take one or more of the following protective measures if the personal safety of witnesses, expert witnesses, victims or their close relatives is threatened because they testify in litigation:
"(1) Not disclosing personal information such as real name, address and work unit;
"(two) to take measures such as not exposing appearance and untrue voice to testify in court;
"(three) prohibit specific personnel from contacting witnesses, expert witnesses, victims and their close relatives;
"(four) to take special protective measures for individuals and houses;
"(5) Other necessary protective measures.
"Witnesses, expert witnesses and victims who think that they or their close relatives are threatened by their personal safety because they testify in court may request protection from the people's court, the people's procuratorate or the public security organ.
"The people's courts, people's procuratorates and public security organs shall take protective measures according to law, and the relevant units and individuals shall cooperate.
"Sixty-third witnesses shall be subsidized for transportation, accommodation, meals and other expenses incurred in fulfilling their obligation to testify. The subsidy for witness testimony is included in the operating funds of judicial organs and guaranteed by the government finance at the same level.
The witness of the work unit shall testify, and his unit shall not deduct his salary, bonus and other welfare benefits in disguise.
Article 51 is renumbered as Article 65 and amended as: "The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
"(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
"(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
"(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her own baby is released on bail pending trial, so that social danger will not occur;
"(four) the detention period expires, the case has not yet been concluded, and it is necessary to get a bail pending trial.
"Bail pending trial shall be executed by the public security organ."
Twenty-two, Article 55 is changed to Article 68 and amended as: "A guarantor shall perform the following obligations:
"(1) to supervise the warrantee to abide by the provisions of Article 69 of this Law;
"(2) If it is discovered that the warrantee may or has already violated the provisions of Article 69 of this Law, it shall promptly report to the executing organ.
If the guarantor violates the provisions of Article 69 of this Law and fails to perform the obligation of guarantee, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.
Twenty-three, fifty-sixth to three, as sixty-ninth, seventieth and seventy-first, as amended:
"Sixty-ninth criminal suspects and defendants who have been released on bail pending trial shall abide by the following provisions:
"(a) without the approval of the executive organ, shall not leave the city or county where they live;
"(two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours;
"(3) To be present in time at the time of arraignment;
"(four) shall not interfere with the testimony of witnesses in any form;
"(five) shall not destroy or forge evidence or collusion.
"The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
"(a) shall not enter a specific place;
"(two) shall not meet or communicate with specific personnel;
"(three) shall not engage in specific activities;
"(four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
"If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested.
"In violation of the provisions on obtaining a guarantor pending trial, it is necessary to arrest a criminal suspect or defendant.
"Article 70 The organ that decides to obtain a guarantor pending trial shall comprehensively consider the need to ensure the normal progress of litigation activities, the social danger of the person who is released on bail pending trial, the nature and circumstances of the case, the severity of the possible punishment, the economic situation of the person who is released on bail pending trial and other factors. And determine the amount of the deposit.
"The person who provides the deposit shall deposit the deposit into the special bank account designated by the executing organ.
Article 71 If a criminal suspect or defendant did not violate the provisions of Article 69 of this Law during the period of obtaining a guarantor pending trial, he shall, after the completion of obtaining a guarantor pending trial, collect the returned deposit from the bank with the notice of obtaining a guarantor pending trial or relevant legal documents.
Twenty-four, three articles are added as seventy-second, seventy-third and seventy-fourth:
Article 72 The people's courts, people's procuratorates and public security organs may monitor the residence of criminal suspects and defendants under any of the following circumstances:
"(a) suffering from serious illness, life can not take care of themselves;
"(2) Women who are pregnant or breast-feeding;
"(3) Being the sole supporter of a person who cannot take care of himself;
"(four) because of the special circumstances of the case or the need to handle a case, it is more appropriate to take residential surveillance measures;
"(five) the detention period expires, the case has not yet been concluded, and residential surveillance measures need to be taken.
"To meet the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant can not put forward a guarantor or pay a deposit, you can monitor the residence.
"Residential surveillance shall be carried out by the public security organs.
"Article 73 Residential surveillance shall be conducted at the residence of the criminal suspect or defendant; If there is no fixed residence, it can be executed at the designated residence. With the approval of the people's procuratorate at a higher level or the public security organ, the death penalty may be executed at a designated residence for crimes suspected of endangering national security, terrorist activities and particularly serious bribery crimes. However, it shall not be carried out in detention places or special places for handling cases.
"The designated residence under surveillance, except that it cannot be notified, shall notify the family members under surveillance within twenty-four hours after the implementation of residential surveillance.
"The provisions of Article 33 of this Law shall apply to criminal suspects and defendants who are under residential surveillance and entrust defenders.
"The people's procuratorate shall supervise the legality of the decision and implementation of residential surveillance in designated residences.
Article 74 The term of residential surveillance at a designated residence shall be set off against fixed-term imprisonment. If a person is sentenced to public surveillance, one day of residential surveillance shall be reduced to one day of fixed-term imprisonment; If a person is sentenced to criminal detention or fixed-term imprisonment, two days of residential surveillance shall be reduced to one day of fixed-term imprisonment. "
25. Article 57 is renumbered as Article 75 and amended as: "Criminal suspects and defendants living under surveillance shall abide by the following provisions:
"(a) without the approval of the executive organ, shall not leave the residential place under surveillance;
"(two) without the approval of the executive organ, shall not meet with others or correspondence;
"(3) To be present in time at the time of arraignment;
"(four) shall not interfere with the testimony of witnesses in any form;
"(five) shall not destroy or forge evidence or collusion;
"(six) passports and other entry and exit documents, identity documents and driving documents shall be kept by the executive organ.
"In violation of the provisions of the preceding paragraph, if the circumstances are serious, the criminal suspect or defendant who is under residential surveillance may be arrested; If you need to arrest, you can detain the suspect and the defendant first. "
Twenty-six, one article is added as Article 76: "The executing organ may adopt electronic monitoring, irregular inspection and other monitoring methods to supervise the compliance of criminal suspects and defendants living under surveillance; During the investigation, you can monitor the communication of criminal suspects who are under surveillance. "
27. Article 60 is renumbered as Article 79 and amended as: "Criminal suspects and defendants who have evidence to prove the existence of criminal facts and may be sentenced to fixed-term imprisonment or more, which is not enough to prevent the following social dangers, shall be arrested:
"(a) New crimes may be committed;
"(two) there is a real danger of endangering national security, public safety or social order;
"(three) may destroy or forge evidence, interfere with the testimony of witnesses or collusion;
"(four) it is possible to take revenge on the victim, the prosecutor and the complainant;
"(five) attempted suicide or fled.
"There is evidence to prove that there are criminal facts, which may be sentenced to fixed-term imprisonment of more than ten years, or there is evidence to prove that there are criminal facts, which may be sentenced to fixed-term imprisonment of more than ten years. For intentional crimes or unidentified persons, they shall be arrested.
"A criminal suspect or defendant who has been released on bail pending trial and is under residential surveillance may be arrested if the circumstances are serious."
Article 64 is renumbered as Article 83, and the second paragraph is amended as: "After detention, the detained person shall be immediately sent to a detention center for custody, and no later than 24 hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the situation that hinders the investigation disappears, the family members of the detained person shall be notified immediately. "
Article 65 is renumbered as Article 84 and amended as: "The public security organ shall interrogate the detained person within 24 hours after detention. If you find that you should not be detained, you must release it immediately and issue a release certificate. "
30. One article is added as Article 86: "After the people's procuratorate has examined and approved the arrest, it may interrogate the criminal suspect; In any of the following circumstances, the criminal suspect shall be interrogated:
"(1) having doubts about whether the conditions for arrest are met;
"(2) The criminal suspect requests to make a statement to the procurator in person;
"(three) there may be major violations in the investigation activities.
"When examining and approving the arrest, the people's procuratorate may ask witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If the defense lawyer makes a request, he shall listen to the opinions of the defense lawyer. "
Thirty-one, change Article 71 into Article 91, and the second paragraph is amended as: "After arrest, the arrested person shall be immediately sent to a detention center for custody. Unless it is impossible to notify, the family of the arrested person shall be notified within 24 hours after the arrest. "
32. One article is added as Article 93: "After a criminal suspect or defendant is arrested, the people's procuratorate shall still examine the necessity of detention. If it is not necessary to continue detention, it shall be suggested to release or change compulsory measures. The relevant authorities shall notify the people's procuratorate of the handling within ten days. "
Article 52 is renumbered as Article 95 and amended as: "A criminal suspect, defendant and his legal representative, near relative or defender have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If you disagree with the change of compulsory measures, you shall inform the applicant and explain the reasons for your disagreement. "
Article 74 is renumbered as Article 96 and amended as: "If a case of detaining a criminal suspect or defendant cannot be settled within the time limit of investigation, detention, examination and prosecution, first instance and second instance stipulated in this Law, the criminal suspect or defendant shall be released; If it is necessary to continue to verify the trial, the criminal suspect or defendant may be released on bail pending trial or under residential surveillance. "
Article 75 is renumbered as Article 97 and amended as: "The people's court, people's procuratorate or public security organ shall release the criminal suspect or defendant after the expiration of compulsory measures according to law, release him on bail pending trial, place him under residential surveillance or change compulsory measures. When the statutory time limit for people's courts, people's procuratorates and public security organs to take compulsory measures expires, criminal suspects, defendants and their legal representatives, close relatives or defenders have the right to demand the cancellation of compulsory measures. "
Thirty-six, seventy-seventh to two, as ninety-ninth, amended as one hundred:
Article 99 If the victim suffers material losses due to the criminal act of the defendant, he has the right to bring an incidental civil action in the course of criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.
"If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.
Article 100 When necessary, the people's court may take preservation measures to seal up, detain or freeze the defendant's property. The plaintiff or the people's procuratorate in an incidental civil action may apply to the people's court for preservation measures. The people's court shall adopt preservation measures and apply the relevant provisions of the Civil Procedure Law. "
37. One article is added as Article 101: "The people's court may conduct mediation in handling incidental civil litigation cases, or make a judgment or ruling according to the material losses."
Article 79 is renumbered as Article 103, and one paragraph is added as the fourth paragraph: "If the last day of the period is a holiday, the first day after the holiday shall be the expiration date of the period, but the expiration date of the period of detention of criminal suspects, defendants and criminals shall be the expiration date, which shall not be extended due to the holiday."