What is the Supreme People's Court's judicial interpretation of the Criminal Procedure Law?

1. What is the Supreme People's Court's judicial interpretation of the Criminal Procedure Law? Article 1 Cases of private prosecution directly accepted by the people's courts include: (1) Cases that were handled after being told: 1. Cases of insult and slander (except those that seriously endanger social order and national interests as stipulated in Article 246th of the Criminal Law); Violent interference with freedom of marriage (as stipulated in the first paragraph of Article 257th of the Criminal Law); 13. Abuse cases (as stipulated in the first paragraph of Article 260th of the Criminal Law); 4. Corruption cases (as stipulated in Article 270 of the Criminal Law). (2) Minor criminal cases where the people's procuratorate has not initiated public prosecution and the victim has evidence to prove it: 1. Cases of intentional injury (as stipulated in the first paragraph of Article 234 of the Criminal Law); Case of illegal invasion of houses (stipulated in Article 245th of the Criminal Law); 13. Cases of infringement of freedom of communication (stipulated in Article 252 of the Criminal Law); 4. Bigamy case (stipulated in Article 258 of the Criminal Law); 5. The crime of abandonment (stipulated in Article 26 1 of the Criminal Law); Case of producing and selling fake and inferior commodities (except those that seriously endanger social order and national interests, as stipulated in the first section of Chapter III of the Specific Provisions of the Criminal Law); 7 cases of infringement of intellectual property rights (except those that seriously endanger social order and national interests, as stipulated in Section 7 of Chapter III of the Specific Provisions of the Criminal Law); Cases in which the defendant may be sentenced to fixed-term imprisonment of not more than three years as stipulated in Chapter IV and Chapter V of the Specific Provisions of the Criminal Law. If the victim brings a lawsuit directly to the people's court under the circumstances specified in this paragraph, the people's court shall accept it according to law. If the evidence is insufficient and the public security organ can accept it, or the defendant may be sentenced to fixed-term imprisonment of more than three years, the victim shall be informed to report the case to the public security organ or transfer it to the public security organ for investigation. (3) Cases in which the victim has evidence to prove that the defendant has violated his personal and property rights and should be investigated for criminal responsibility according to law, and there is evidence to prove that he has filed a complaint, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant. Article 2 The place of crime includes the place where the crime occurred and the place where the result of the crime occurred. Crimes committed against or using computer networks include the location of the website server, the location of network access, the location of the website founder and manager, the location of the infringed computer information system and its manager, the location of the computer information system used by the defendant and the victim, and the location of the victim's property loss. Article 3 The defendant's domicile is his domicile. Where the habitual residence is inconsistent with the domicile, the habitual residence shall be the domicile. The habitual residence is the place where the defendant lived continuously for more than one year except hospitalization before being prosecuted. The registered place of the defendant's unit is its domicile. Where the location of the main business premises or the main office is inconsistent with the registered residence, the location of the main business premises or the main office is its residence. Article 4 Crimes committed on a China ship outside the territory of People's Republic of China (PRC) shall be under the jurisdiction of the people's court where the ship originally docked at the port of China. Article 5 Crimes committed in China aircraft outside the territory of People's Republic of China (PRC) shall be under the jurisdiction of the people's court where the aircraft first landed in China. Article 6 The jurisdiction of crimes committed on international trains shall be determined in accordance with the agreements signed between China and relevant countries; If there is no agreement, it shall be under the jurisdiction of the railway transport court of the place where the train originally stopped or the destination. Article 7 Crimes committed by China citizens in China's embassies and consulates abroad shall be under the jurisdiction of the people's courts where their competent units are located or where they originally lived. Article 8 Where a citizen of China commits a crime outside the territory of People's Republic of China (PRC), it shall be under the jurisdiction of the people's court of the place of entry or the place of residence before leaving the country; If the victim is a citizen of China, it may also be under the jurisdiction of the people's court of the place where the victim lived before leaving the country. Article 9 If a foreigner commits a crime against a citizen of People's Republic of China (PRC) or China outside the territory of People's Republic of China (PRC) and should be punished according to the criminal law of People's Republic of China (PRC), it shall be under the jurisdiction of the people's court of the foreigner's place of entry, place of residence after entry or place of residence of the murdered China citizen before departure. Article 10 Where People's Republic of China (PRC) exercises criminal jurisdiction over crimes stipulated in international treaties concluded or acceded to by People's Republic of China (PRC) within the scope of treaty obligations undertaken by People's Republic of China (PRC), it shall be under the jurisdiction of the people's court of the place where the defendant was arrested. Article 11 Before the verdict is pronounced, if a criminal serving a sentence has committed other crimes that have not been decided, it shall be under the jurisdiction of the people's court that originally tried the case; If it is more appropriate to have the case tried by the people's court in the place where the prisoner served his sentence or committed the crime, it may be under the jurisdiction of the people's court in the place where the prisoner served his sentence or committed the crime. If a criminal commits another crime while serving his sentence, it shall be under the jurisdiction of the people's court in the place where he served his sentence. Where a criminal commits a crime in the process of escape, it shall be under the jurisdiction of the people's court of the place where he served his sentence. However, if a criminal is caught in a crime place and found to have committed a crime in the process of escape, it shall be under the jurisdiction of the people's court in the crime place. Article 12 If a people's procuratorate believes that life imprisonment or death penalty may be imposed and brings a public prosecution to an intermediate people's court, if the intermediate people's court considers it unnecessary to impose life imprisonment or death penalty after accepting it, it shall try it according to law and not refer it to the basic people's court for trial. Article 13 The crime of one person, joint crime and other cases that need to be tried together. If one crime or one crime is under the jurisdiction of the people's court at a higher level, the whole case shall be under the jurisdiction of the people's court at a higher level. Article 14 When a people's court at a higher level decides that a criminal case of first instance shall be under the jurisdiction of a people's court at a lower level, it shall issue a decision to change its jurisdiction to the people's court at a lower level and notify the people's procuratorate at the same level in writing. Article 15 The basic people's court shall transfer criminal cases of first instance that may be sentenced to life imprisonment or death penalty to the intermediate people's court for trial. The basic people's court may request that the following criminal cases of first instance be transferred to the intermediate people's court for trial: (1) major and complicated cases; (2) New types of difficult cases; (3) Cases with general guiding significance in the application of the law. If a case needs to be transferred to an intermediate people's court for trial, it shall, after being submitted to the president for decision, make a written request for transfer fifteen days before the expiration of the trial period at the latest. The intermediate people's court shall make a decision within ten days after receiving the application. If it does not agree to the transfer, it shall issue a decision not to transfer, and the people's court requesting the transfer shall try it according to law; If it agrees to transfer, it shall issue a decision on consent to transfer and notify the people's procuratorate at the same level in writing. Article 16 If a people's court with jurisdiction is unfit for jurisdiction because the case involves the withdrawal of the president, it may request that it be transferred to the people's court at the next higher level for jurisdiction. The people's court at the next higher level may have jurisdiction, or it may designate other people's courts at the same level as the people's court making the request to have jurisdiction. Article 17 A case over which two or more people's courts at the same level have jurisdiction shall be tried by the people's court that accepted it first. When necessary, it may be transferred to the people's court of the defendant's main crime place for trial. Jurisdiction disputes shall be settled through consultation during the probation period; If negotiation fails, the disputed people's court shall report to the people's court at the next higher level for designation of jurisdiction. Article 18 When necessary, a people's court at a higher level may designate a people's court at a lower level to transfer a case under its jurisdiction to a people's court at a lower level for trial. Article 19 Where a people's court at a higher level designates jurisdiction, it shall serve the written decision on designation of jurisdiction on the people's court with designated jurisdiction and other relevant people's courts respectively. Article 20 The people's court that originally accepted the case shall notify the people's procuratorate at the same level in writing of the case of public prosecution after receiving the decision of the people's court at a higher level to change its jurisdiction, agree to transfer it or designate another people's court for jurisdiction, and return the case file and notify the parties in writing; In a case of private prosecution, the case file shall be transferred to the people's court with designated jurisdiction, and the parties concerned shall be notified in writing. Article 21 If the people's procuratorate withdraws the prosecution of a case sent back for retrial by the people's court of second instance, and then brings a new public prosecution to the people's court at a lower level of the original people's court of first instance, the people's court at a lower level shall report the relevant information to the original people's court of second instance. The original people's court of second instance may, according to the specific circumstances, decide to transfer the case to the original people's court of first instance or other people's courts for trial. Article 22 The jurisdiction of military and local criminal cases shall be determined in accordance with relevant regulations. Chapter II Withdrawal Article 23 A judge shall withdraw under any of the following circumstances, and the parties and their legal representatives have the right to apply for withdrawal: (1) He is a party to the case or a close relative of the party; (2) He or his close relatives have an interest in the case; (3) Having served as a witness, expert witness, defender, agent ad litem or translator in this case; (4) Having a close relative relationship with the defender or agent ad litem of this case; (5) Having other interests with the parties to the case, which may affect the fair trial. Article 24 If a judge violates the regulations and has any of the following circumstances, the parties and their legal representatives have the right to apply for his withdrawal: (1) Meeting with the parties, defenders or agents ad litem in this case in violation of the regulations; (2) Recommend or introduce defenders and agents ad litem for the parties to the case, or introduce lawyers and other personnel to handle the case; (3) soliciting or accepting property or other benefits from the parties to the case and their clients; (4) Accepting banquets or participating in activities paid by the parties to the case and their clients; (5) Borrowing property from the parties to the case and their clients; (six) there are other misconduct, which may affect the fair trial. Twenty-fifth investigators and prosecutors involved in the investigation, examination and prosecution of this case shall not serve as judges in this case if they are transferred from the people's court. Members of the collegial panel or the sole judge who participated in the trial of this case in one trial procedure shall not participate in the trial of other procedures in this case. However, if the case remanded for retrial enters the procedure of second instance or the procedure of death penalty review after the judgment of the people's court of first instance, the members of the collegial panel of the original procedure of second instance or the procedure of death penalty review shall not be restricted by the provisions of this paragraph. Article 26 The people's court shall inform the parties and their legal representatives of the right to apply for withdrawal according to law, and inform the names of the members of the collegial panel, the sole judge, the clerk and other personnel. Article 27 A judge's application for withdrawal, or a party or his legal representative's application for withdrawal, may be made orally or in writing, and the reasons shall be explained, which shall be decided by the president. If the president applies for withdrawal on his own initiative, or if the parties and their legal representatives apply for withdrawal, it shall be discussed and decided by the judicial committee. The discussion of the judicial Committee shall be presided over by the vice president, and the president shall not participate. Article 28 Where an application for withdrawal is made in accordance with Article 29 of the Criminal Procedure Law and Article 24 of this Interpretation, the parties concerned and their legal representatives shall provide supporting materials. Article 29 If the judge who should withdraw does not withdraw, and the parties and their legal representatives do not apply for withdrawal, the president or the judicial committee shall decide to withdraw. Article 30 The people's court may make an oral or written decision on the withdrawal application of the parties and their legal representatives, and inform the applicant. If the application for withdrawal of the parties and their legal representatives is rejected, they may apply for reconsideration once after receiving the decision. An application for withdrawal that does not fall under the circumstances stipulated in Articles 28 and 29 of the Criminal Procedure Law shall be rejected in court and no reconsideration shall be applied. Article 31 If a party or his legal representative applies for the withdrawal of the procurator who appears in court, the people's court shall decide to adjourn the court and notify the people's procuratorate. Article 32 The judicial personnel mentioned in this chapter include presidents, vice presidents, members of judicial committees, presidents, vice presidents, judges, assistant judges and people's jurors of the people's courts. Article 33 The relevant provisions on the withdrawal of judges shall apply to clerks, translators and expert witnesses, and the issue of withdrawal shall be decided by the president. Article 34 Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the relevant provisions of this Chapter. Chapter III Defense and Agency Article 35 When trying a case, the people's court shall fully protect the defendant's right to defense according to law. In addition to exercising the right of defense, the defendant may also entrust a defender to defend. The following persons shall not act as defenders: (1) People who are being executed or are on probation or parole; (2) A person who is deprived or restricted of personal freedom according to law; (3) Persons without capacity or persons with limited capacity; (4) Current employees of people's courts, people's procuratorates, public security organs, state security organs and prisons; (5) People's jurors; (6) People who have an interest in the trial result of this case; (7) Foreigners or stateless persons. The persons specified in items 4 to 7 of the preceding paragraph are guardians or close relatives of the defendant, and may be allowed to act as defenders when entrusted by the defendant. Article 36 Judges and other staff members of the people's courts shall not act as defenders within two years after leaving the people's courts. After leaving the people's court, judges and other staff members of the people's court shall not act as defenders in the trial of cases in the court of first instance, except as guardians or close relatives of the defendant. Spouses, children or parents of judges and other staff members of a people's court shall not act as defenders in the trial of cases in the court where they are located, except as guardians or close relatives of the defendant. Article 37 If a lawyer, a people's organization, a person recommended by the defendant's unit or the defendant's guardian, relatives and friends are entrusted as defenders, the people's court shall verify their identity certificates and power of attorney. Article 38 A defendant may entrust one or two persons as defenders. A defender shall not defend two or more defendants in the same case who have not been dealt with but whose criminal facts are related. Article 39 If the defendant fails to entrust a defender, the people's court shall inform him of his right to entrust a defender within three days from the date of accepting the case; If the defendant fails to entrust a defender due to financial difficulties or other reasons, he shall be informed that he can apply for legal aid; If the defendant should be provided with legal aid, he shall be informed that he will notify the legal aid institution to appoint a lawyer to defend him according to law. The notice can be oral or written. Article 40 In the course of trial, if the defendant in custody requests to entrust a defender, the people's court shall convey his request to his guardian, close relatives or personnel designated by him within three days. The defendant shall provide the contact information of relevant personnel. If the relevant personnel are unable to notify, they shall inform the defendant. Article 41 After receiving the application for legal aid filed by the defendant in custody, the people's court shall forward it to the local legal aid institution within 24 hours. Article 42 The people's court shall notify the legal aid institution to appoint lawyers to defend the following defendants who have not entrusted defenders: (1) Blind, deaf or dumb; (two) mental patients who have not completely lost the ability to identify or control their own behavior; (3) Persons who may be sentenced to life imprisonment or death. When a higher people's court reviews a death penalty case, if the defendant fails to entrust a defender, it shall notify the legal aid institution to appoint a lawyer to defend him. Article 43 If the defendant fails to appoint a defender under any of the following circumstances, the people's court may notify the legal aid institution to appoint a lawyer to defend him: (1) Other defendants have appointed a defender for the same criminal case; (2) Cases with significant social impact; (3) Cases protested by people's procuratorates; (four) the defendant's behavior may not constitute a crime; (5) Other circumstances in which lawyers need to be entrusted to provide defense. Article 44 If a people's court notifies a legal aid institution to appoint a lawyer to provide defense, it shall serve the legal aid notice, a copy of the indictment or a written judgment on the legal aid institution; If a hearing is decided, the above materials shall be delivered to the legal aid institution fifteen days before the hearing, except for the summary procedure. The notice of legal aid shall specify the cause of action, the name of the defendant, the reasons for providing legal aid, the name and contact information of the judges; If a hearing has been confirmed, the time and place of the hearing shall be specified. Article 45 If the defendant refuses the lawyer appointed by the legal aid institution to defend him and insists on exercising the right of defense, the people's court shall allow it. If the defendant refuses to entrust a lawyer to defend him when legal aid should be provided, the people's court shall find out the reasons. If the reason is justified, it shall be allowed, but the defendant shall entrust a defender separately; If the defendant fails to appoint another defender, the people's court shall notify the legal aid institution in writing within three days to appoint another lawyer to defend him. Article 46 In the trial, if the defender accepts the entrustment of the defendant, he shall submit the entrustment formalities to the people's court within three days from the date of accepting the entrustment. If the legal aid institution decides to entrust a lawyer to defend the defendant, the lawyer in charge shall submit legal aid procedures to the people's court within three days from the date of accepting the entrustment. Article 47 A defense lawyer may consult, extract and copy the case file. Other defenders, with the permission of the people's court, may also consult, extract and copy the case files. The discussion records of the collegial panel and the judicial committee and other materials that are not disclosed according to law shall not be consulted, extracted or copied. The people's court shall provide convenience for the defender to consult, extract and copy the case file materials, and ensure the necessary time. Copy the case file materials can be copied, photographed and scanned. Article 48 A defense lawyer may meet and correspond with the defendant who is detained or under residential surveillance. Other defenders, with the permission of the people's court, may also meet and correspond with the defendant who is detained or under residential surveillance. Article 49 If a defender believes that the evidence materials collected by the public security organ or the people's procuratorate in the process of investigation, examination and prosecution to prove the defendant's innocence or light crime have not been transferred with the case and applies to the people's court for retrieval, he shall submit them in writing and provide relevant clues or materials. After accepting the application, the people's court shall obtain it from the people's procuratorate. After the people's procuratorate obtains the relevant evidence materials, the people's court shall promptly notify the defender. Article 50 If a defense lawyer applies for collecting materials related to this case from the victim, his close relatives and witnesses provided by the victim, the people's court shall allow the investigation if it deems it really necessary. Article 51 If a defense lawyer collects and takes evidence related to this case from a witness or a relevant unit or individual, and the witness or the relevant unit or individual disagrees, he shall apply to the people's court for collecting and taking evidence, or apply for notifying the witness to testify in court. If the people's court considers it necessary, it shall agree. Article 52 A defense lawyer directly applies to the people's court to collect and obtain evidence materials from witnesses or relevant units or individuals. If the people's court considers it really necessary to collect and obtain evidence materials, and it is inappropriate or impossible for the defense lawyer to collect and obtain evidence materials, it shall agree. When the people's court collects and takes evidence, the defense lawyer may be present. The written evidence materials collected and transferred by the people's court from the relevant units must be signed by the provider and stamped with the seal of the unit; Written evidence collected from individuals must be signed by the provider. The people's court shall issue a receipt for the evidential materials provided by the relevant units and individuals, indicating the name of the evidential materials, the time of receipt, the number of pieces, the number of pages and whether they are original or not, and shall be signed by the clerk or the judge. After collecting and sorting out the evidence materials, it shall promptly notify the defense lawyers to consult, extract and copy, and inform the people's procuratorate. Article 53 The application stipulated in Articles 50 to 52 of this Interpretation shall be made in writing, with reasons, and the contents of the evidence materials to be collected and transferred or the outline of the problems to be investigated. The people's court shall, within five days, make a decision on whether to approve or agree to the defense lawyer's application and notify the applicant; If it decides not to approve or disagree, it shall explain the reasons. Article 54 The people's court shall, within three days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative, the parties involved in an incidental civil action and their legal representatives that they have the right to entrust an agent ad litem, and inform them that they can apply for legal aid if they are in financial difficulties. Article 55 Where a party entrusts an agent ad litem, it shall refer to Article 32 of the Criminal Procedure Law and the relevant provisions of this Interpretation. Article 56 An agent ad litem has the right to safeguard the litigation rights and other legitimate rights and interests of the victim, the private prosecutor and the parties involved in incidental civil litigation according to facts and laws. Article 57 With the permission of the people's court, an agent ad litem may consult, extract and copy the case file. If a lawyer acts as an agent ad litem and needs to collect and obtain relevant evidence in this case, it shall be implemented with reference to the provisions of Articles 51 to 53 of this Interpretation. Article 58 After accepting the entrustment of a party or the assignment of a legal aid institution, an agent ad litem shall submit the entrustment procedures or legal aid procedures to the people's court within three days. Article 59 When a defender or agent ad litem copies a case file, the people's court only charges a fee. Legal aid lawyers shall waive or reduce fees for copying necessary files. Article 60 If a defense lawyer informs the people's court that his client or others will commit or are committing a crime that endangers national security, public safety or seriously endangers the personal safety of others, the people's court shall record it, immediately inform the competent authority to handle it according to law, and keep the defense lawyer who reflects the relevant situation confidential. In order to make judicial practice meet the needs of justice, we must first improve judges' understanding of procedural law, so as to avoid misjudging cases due to misunderstanding. The promulgation of the above-mentioned interpretation rules can not only make the judges clear, but also let the citizens protect their rights and interests after understanding them.