legal provision
Chapter I Basic Principles
Article 1 These Provisions are formulated in order to ensure the implementation of the Criminal Procedure Law of People's Republic of China (PRC), ensure the public security organs to correctly exercise their functions and powers in criminal proceedings, standardize the procedures for handling cases, ensure the quality of handling cases and improve the efficiency of handling cases.
Article 2 The tasks of public security organs in criminal proceedings are to accurately and timely ascertain the facts of crimes, 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 promote the smooth progress of socialist construction.
Article 3 The basic functions and powers of public security organs in criminal proceedings are to file, investigate and pre-examine criminal cases according to law; Decide and implement compulsory measures; Failing to pursue criminal responsibility according to law and not filing a case, or having filed a case and revoked it; The case that should be prosecuted after the investigation is completed shall be transferred to the people's procuratorate for examination and decision; If a criminal suspect who is not serious enough for criminal punishment needs administrative treatment, he shall be dealt with according to law or transferred to relevant departments for handling; For criminals sentenced to fixed-term imprisonment, if the remaining sentence is less than three months before delivery for execution, they will execute the punishment on their behalf; Execution of criminal detention, deprivation of political rights and deportation.
Article 4 In criminal proceedings, public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law.
Article 5 In criminal proceedings, the public security organs, the people's courts and the people's procuratorates shall be responsible for the division of labor, cooperate with and restrict each other, and ensure the accurate and effective enforcement of laws.
Article 6 The criminal proceedings of public security organs shall be subject to the legal supervision of the People's Procuratorate according to law.
Article 7 When conducting criminal proceedings, public security organs shall establish, improve and strictly implement internal law enforcement supervision systems such as the responsibility system for handling cases and the accountability system for law enforcement faults.
In criminal proceedings, when a public security organ at a higher level finds that a decision made or a case handled by a public security organ at a lower level is wrong, it has the right to revoke or change it, or it may instruct a public security organ at a lower level to correct it.
The public security organ at a lower level must implement the decision of the public security organ at a higher level, and if it thinks there is an error, it can report it to the public security organ at a higher level while implementing it.
Article 8 When handling criminal cases, public security organs should attach importance to evidence, investigation and study, and do not trust confessions. 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.
Article 9 In criminal proceedings, public security organs shall protect the right of defense and other litigation rights of criminal suspects, defendants and other participants in proceedings according to law.
Article 10 When handling a criminal case, a public security organ shall apply to the people's procuratorate at the same level for approval of arrest and transfer for examination and prosecution.
Article 11 When handling a criminal case, the public security organ shall translate for the participants who are not familiar with the local spoken and written languages.
In areas where ethnic minorities live in compact communities or where many ethnic groups live in compact communities, interrogation shall be conducted in the local common language. The litigation documents published to the outside world shall use the local common language.
Twelfth public security organs in handling criminal cases, all localities and departments should strengthen cooperation and perform their duties of investigation and assistance according to law.
Public security organs at higher levels shall strengthen supervision, coordination and guidance.
Article 13 According to the international treaties concluded or acceded to by People's Republic of China (PRC) and the bilateral and multilateral cooperation agreements signed by the Ministry of Public Security, or according to the principle of reciprocity, the public security organs in China may carry out criminal judicial assistance and police cooperation with foreign police organs.
Chapter II Jurisdiction
Article 14 According to the provisions of the Criminal Procedure Law, criminal cases are under the jurisdiction of public security organs, except the following criminal cases:
(1) Crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes of illegal detention committed by state functionaries by taking advantage of their powers, crimes of extorting confessions by torture, crimes of retaliation and framing, crimes of illegal search, criminal cases that infringe on citizens' democratic rights, and other major criminal cases committed by state functionaries by taking advantage of their powers as decided by people's procuratorates at or above the provincial level;
(2) Cases of private prosecution, but if the people's court directly accepts a minor criminal case with evidence to prove the victim and rejects the prosecution because of insufficient evidence, and the people's court transfers it to the public security organ or the victim complains to the public security organ, the public security organ shall accept it; If the victim directly complains to the public security organ, the public security organ shall accept it;
(3) Crimes committed by soldiers in violation of their duties and criminal cases within the army;
(4) Criminal cases in which criminals commit crimes in prisons;
(5) Other criminal cases that should be under the jurisdiction of other organs according to laws and regulations.
Article 15 A criminal case shall be under the jurisdiction of the public security organ in the place where the crime was committed. If it is more appropriate to be under the jurisdiction of the public security organ where the criminal suspect lives, it may be under the jurisdiction of the public security organ where the criminal suspect lives.
The place of crime includes the place where the criminal act occurred and the place where the criminal result occurred. The place where the crime occurred, including the place where the crime was committed and the places related to the crime, such as the preparation place, the starting place, the passing place and the ending place; Where the criminal act is continuous, continuous or continuous, the place where the criminal act is continuous, continuous or continuous belongs to the place where the criminal act occurred. The place where the criminal result occurs includes the place where the criminal object is infringed, the place where the criminal proceeds are actually obtained, the place where they are hidden, the place where they are transferred, the place where they are used and the place where they are sold.
Domicile includes domicile and habitual residence. A habitual residence refers to a place where a citizen has lived continuously for more than one year away from his domicile.
Where laws, judicial interpretations or other normative documents have special provisions on the jurisdiction of criminal cases, such provisions shall prevail.
Article 16 Crimes committed against or using computer networks may be under the jurisdiction of the public security organs where the website servers, network access places, website founders or managers, infringed computer information systems and their managers, criminals and victims use computer information systems in the course of committing crimes.
Article 17 A criminal case occurring on a moving vehicle shall be under the jurisdiction of the public security organ at the place where the vehicle first stops; When necessary, the public security organs of the vehicle's origin, passing place and arrival place may also have jurisdiction.
Article 18 A criminal case over which several public security organs have jurisdiction shall be under the jurisdiction of the public security organ that accepts it first. When necessary, it may be under the jurisdiction of the public security organ in the main crime place.
Under any of the following circumstances, the public security organ may jointly file a case for investigation within the scope of its duties:
(a) a number of crimes;
(2) * * * same crime;
(3) The criminal suspect who commits the same crime commits other crimes;
(4) The crimes committed by multiple suspects are related, and the merger of cases is conducive to finding out the criminal facts.
Article 19 Criminal cases with unclear or controversial jurisdiction can be resolved through consultation by the relevant public security organs. If negotiation fails, the superior public security organ of * * * shall designate the jurisdiction.
For criminal cases with special circumstances, the public security organs at higher levels may designate jurisdiction.
Article 20 Where a public security organ at a higher level designates jurisdiction, it shall deliver the written decision on designation of jurisdiction to the public security organ and other relevant public security organs respectively.
The public security organ that originally accepted the case will no longer exercise jurisdiction after receiving the decision of the public security organ at a higher level to designate other public security organs for jurisdiction, and shall also transfer the file to the public security organ with designated jurisdiction.
If it is necessary to arrest a criminal suspect in a case under designated jurisdiction, the public security organ under designated jurisdiction shall report it to the people's procuratorate at the same level for examination and approval; If it is necessary to initiate a public prosecution, the public security organ shall transfer it to the people's procuratorate at the same level for examination and decision.
Twenty-first county-level public security organs are responsible for investigating criminal cases within their respective jurisdictions.
Public security organs at or above the municipal level with districts are responsible for investigating major crimes, terrorist activities, foreign-related crimes, economic crimes and group crimes that endanger national security.
When the public security organ at a higher level deems it necessary, it may investigate criminal cases under the jurisdiction of the public security organ at a lower level; A criminal case that a public security organ at a lower level considers that the case is serious and needs to be investigated by a public security organ at a higher level may request the public security organ at a higher level for jurisdiction.
Article 22 The internal jurisdiction of public security organs over criminal cases shall be determined according to the establishment of criminal investigation institutions and the division of responsibilities.
Article 23 railway police organs shall have jurisdiction over criminal cases of railway system organs, factories, depots, hospitals, schools, institutes, teams, work areas and other units, criminal cases of railway stations and train work areas, criminal cases of stealing and destroying important facilities such as railways, communications and power lines, and criminal cases of internal employees working on railway lines.
The computer information system of the railway system extends to local outlets involving railway business, and criminal cases caused by the computer information system are under the jurisdiction of the railway police station.
Cases of reselling, forging or altering train tickets shall be under the jurisdiction of the railway police organ or the local public security organ that initially accepted the case. When necessary, it may be transferred to the jurisdiction of the railway police organ or the local public security organ where the main crime is committed.
Criminal cases in railway construction sites are under the jurisdiction of local public security organs.
Article 24 The traffic public security organs shall have jurisdiction over criminal cases that occur in organs, factories, sections, hospitals, schools, research institutes, teams, work areas and other units of the traffic system, criminal cases that occur in ports, docks and ship operation areas, criminal cases that occur in stealing or destroying important facilities such as water traffic lines, communications and power lines, and criminal cases in which internal employees work on traffic lines.
Article 25 Civil aviation public security organs shall have jurisdiction over criminal cases that occur in civil aviation system organs, factories, sections, hospitals, schools, research institutes, teams, work areas and other units, airport work areas and civil aviation aircraft.
Criminal cases of major flight accidents shall be under the jurisdiction of the airport public security organ where the criminal result occurred. If there is no airport public security organ or it is not within the jurisdiction of the airport public security organ, it shall be under the jurisdiction of the local public security organ and the relevant airport public security organ shall provide assistance.
Twenty-sixth forest public security organs have jurisdiction over criminal cases such as the destruction of forests and wildlife resources, and forest public security organs in large forest areas are also responsible for the investigation of other criminal cases within their jurisdiction. If there is no special forest public security organ, it shall be under the jurisdiction of the local public security organ.
Twenty-seventh customs smuggling crime investigation agencies shall have jurisdiction over tax-related smuggling crimes in People's Republic of China (PRC) and China and non-tax-related smuggling crimes in customs supervision areas.
Article 28 When a criminal case investigated by a public security organ involves a case under the jurisdiction of a people's procuratorate, it shall transfer the criminal case under the jurisdiction of the people's procuratorate to the people's procuratorate. If the suspected principal offender is under the jurisdiction of the public security organ, the public security organ shall take the lead in the investigation; The public security organ shall cooperate with the people's procuratorate if the main suspected crime falls under its jurisdiction.
When criminal cases investigated by public security organs involve cases under the jurisdiction of other investigation organs, they shall be handled with reference to the provisions of the preceding paragraph.
Twenty-ninth public security organs and the military involved in criminal cases, should be handled in accordance with the relevant provisions.
The division of criminal jurisdiction between public security organs and armed police forces shall be handled in accordance with the principle of division of criminal jurisdiction between public security organs and military forces. The criminal cases of the personnel of the public security frontier defense, fire fighting and security departments listed in the sequence of the Armed Police Force shall be under the jurisdiction of the public security organs. [ 1]
Chapter III Avoidance
Thirtieth in any of the following circumstances, the person in charge of the public security organ and the investigators shall apply for withdrawal on their own. Those who do not apply for withdrawal by themselves shall be ordered to withdraw, and the parties and their legal representatives shall also have the right to ask them to withdraw:
(1) Being 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 or agent ad litem in this case;
(4) Having other relations with the parties to the case, which may affect the fair handling of the case.
Thirty-first responsible persons of public security organs and investigators shall not commit the following acts:
(a) in violation of the provisions of the meeting with the parties to the case and their clients;
(2) soliciting or accepting property or other benefits from the parties to the case and their clients;
(3) Accepting banquets from the parties to the case and their clients or participating in activities funded by them;
(four) there are other misconduct, which may affect the fair handling of the case.
In violation of the provisions of the preceding paragraph, shall be ordered to withdraw, and shall be investigated for legal responsibility according to law. The parties and their legal representatives have the right to ask them to withdraw.
Article 32 If the person in charge of the public security organ or the investigator applies for withdrawal on his own, he shall explain the reasons for withdrawal; The public security organ shall record the oral application.
If the parties and their legal representatives request the person in charge of the public security organ or the investigator to withdraw, they shall apply and explain the reasons; The public security organ shall record the oral application.
Article 33 The withdrawal of investigators shall be decided by the person in charge of the public security organ at or above the county level; The withdrawal of the person in charge of the public security organ at or above the county level shall be decided by the procuratorial committee of the people's procuratorate at the same level.
Thirty-fourth parties and their legal representatives apply for the withdrawal of investigators, the public security organ shall make a decision and notify the applicant within two days after receiving the application for withdrawal; If the situation is complicated, with the approval of the person in charge of the public security organ at or above the county level, a decision can be made within five days after receiving the application for withdrawal.
Article 35 If a party or his legal representative refuses to accept the decision to reject the application for withdrawal, he may, within five days from the date of receiving the decision to reject the application for withdrawal, apply to the public security organ that made the decision for reconsideration.
The public security organ shall make a reconsideration decision within five days after receiving the application for reconsideration, and notify the applicant in writing.
Thirty-sixth before making a decision to withdraw, the person in charge of the public security organ or the investigator who applied for withdrawal shall not stop investigating the case.
After the withdrawal decision is made, the person in charge of the public security organ or the investigator who applied for withdrawal shall not participate in the investigation of this case again.
Article 37 The effectiveness of the litigation activities conducted by the person in charge of the public security organ and the investigator who decided to withdraw before making the withdrawal decision shall be decided by the organ that made the withdrawal decision according to the circumstances of the case.
Article 38 The provisions on withdrawal in this chapter shall apply to record takers, translators and appraisers.
If the recorder, translator or expert witness needs to be withdrawn, it shall be decided by the person in charge of the public security organ at or above the county level.
Article 39 Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this Chapter. [ 1]
Chapter IV Criminal Procedure
Fortieth public security organs shall ensure that defense lawyers engage in the following professional activities in accordance with the law during the investigation stage:
(a) to the public security organs to understand the criminal suspect accused of the crime and the case, and put forward opinions;
(two) to meet and communicate with the criminal suspect, and to understand the case from the criminal suspect;
(3) Providing legal aid and acting as an agent for complaints and accusations against criminal suspects;
(4) applying for changing the compulsory measures against criminal suspects.
Article 41 When interrogating a criminal suspect for the first time or taking compulsory measures against him, the public security organ shall inform the criminal suspect that he has the right to entrust a lawyer as a defender, and inform him that if he fails to entrust a defense lawyer due to financial difficulties or other reasons, he may apply for legal aid from a legal aid institution. Information should be recorded.
If a criminal suspect in the same case entrusts the same defense lawyer, or if two or more criminal suspects who are not involved in the case but commit a crime entrust the same defense lawyer, the public security organ shall require them to change their defense lawyers.
Article 42 A criminal suspect may entrust a defense lawyer by himself. If a criminal suspect is in custody, his guardian or close relatives may also entrust a defense lawyer to defend him on his behalf.
The request of a criminal suspect to entrust a defense lawyer may be in writing or orally. If it is put forward orally, the public security organ shall make a written record, which shall be signed by the criminal suspect and fingerprinted.
Article 43 If a criminal suspect in custody requests the detention center to entrust a defense lawyer, the detention center shall promptly convey it to the case-handling department, which shall promptly convey it to the defense lawyer or law firm entrusted by the criminal suspect.
If the criminal suspect in custody only asks to entrust a defense lawyer, but can't mention the specific object, the case-handling department shall promptly notify the guardian and close relatives of the criminal suspect to entrust a defense lawyer on his behalf. If the criminal suspect has no guardian or close relative, the case-handling department shall promptly notify the local lawyers association or the judicial administrative organ to recommend a defense lawyer for him.
Article 44 If a criminal suspect fails to entrust a defender under any of the following circumstances, the public security organ shall promptly notify the legal aid institution to appoint a defense lawyer for the criminal suspect:
(1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(2) The suspect may be sentenced to life imprisonment or death.
Article 45 After receiving an application for legal aid from a criminal suspect in custody, the public security organ shall transfer the application to the local legal aid institution within 24 hours, and notify the applicant's guardian, close relatives or other personnel entrusted by him to assist in providing relevant documents, certificates and other relevant materials. If the address of the guardian, close relatives or other personnel entrusted by the criminal suspect is unknown and cannot be notified, the legal aid institution shall be informed together with the application.
If a criminal suspect refuses a lawyer appointed by a legal aid institution to act as a defender or entrusts a defender himself, the public security organ shall notify the legal aid institution within three days.
Article 46 After accepting the entrustment of a criminal suspect or the assignment of a legal aid institution, a defense lawyer shall promptly inform the public security organ and produce a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid.
Article 47 If a defense lawyer asks the public security organ about the case, the public security organ shall inform the entrusted or designated defense lawyer about the alleged crime of the criminal suspect, the main criminal facts ascertained at that time, the adoption, change, lifting of compulsory measures and extension of the investigation and detention period of the criminal suspect, and make records.
Article 48 A defense lawyer may meet and correspond with a criminal suspect who is detained or under residential surveillance.
Forty-ninth cases of crimes and terrorist activities endangering national security, the case handling department shall notify the detention center in writing when the criminal suspect is sent to the detention center for custody; When a criminal suspect whose residence is under surveillance is delivered for execution, he shall notify the executing organ in writing.
In the process of investigation, the defense lawyer shall apply to meet the criminal suspect who is detained or under residential surveillance as stipulated in the preceding paragraph.
An application for meeting with a defense lawyer shall be submitted to the person in charge of the public security organ at or above the county level for approval within 48 hours after receiving the application, and a decision shall be made on whether to grant or not. Except in cases that hinder the investigation or may reveal state secrets, a decision on permission shall be made.
If the public security organ is not allowed to meet, it shall notify the defense lawyer in writing and explain the reasons. After the situation that hinders the investigation or may reveal state secrets disappears, the public security organ shall allow the meeting.
In any of the following circumstances, it is "obstructing investigation" as stipulated in this article:
(a) may destroy or falsify evidence, interfere with witness testimony or collusion;
(2) It may lead to the criminal suspect's self-mutilation, suicide or escape;
(3) It may cause accomplices to evade or obstruct the investigation;
(4) The criminal suspect's family members participate in the crime.
Article 50 If a defense lawyer requests to meet with a criminal suspect in custody, the detention center shall arrange for the lawyer to meet with the criminal suspect within 48 hours after checking the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter of the criminal suspect, and notify the case-handling department at the same time.
In the process of investigation, when the defense lawyer meets the criminal suspect who is detained or under residential surveillance in crimes endangering national security, terrorist activities and particularly serious bribery crimes, the detention center or the residential surveillance execution organ shall also check the license decision document of the investigation organ.
Article 51 If a defense lawyer needs to hire an interpreter when meeting a criminal suspect in custody or under surveillance, it shall be examined by the public security organ. If it meets the requirements, it shall be licensed; For those that do not meet the requirements, notify them to replace them in time.
If translators attend the meeting, the detention center or the execution organ of residential surveillance shall examine the license decision document of the public security organ.
Article 52 When a defense lawyer meets a criminal suspect who is under detention or residential surveillance, the detention center or the residential surveillance executive organ shall take necessary management measures to ensure the smooth progress of the meeting and inform him to abide by the relevant provisions of the meeting. When a defense lawyer meets a criminal suspect, the public security organ shall not monitor or send personnel to be present.
If a defense lawyer meets a criminal suspect in custody or under residential surveillance and violates the law or the meeting regulations, the detention center or the residential surveillance enforcement agency shall stop it. For those who seriously violate the regulations or refuse to listen to dissuasion, they may decide to stop this meeting and promptly notify their law firm or their lawyers association.
Article 53 A defender or other person who illegally interferes with litigation activities in criminal proceedings shall be investigated for legal responsibility according to law.
If a defender interferes with litigation activities and is suspected of committing a crime and falls under the jurisdiction of a public security organ, the public security organ handling the case handled by the defender shall report to the public security organ at the next higher level and designate other public security organs to file a case for investigation, or the public security organ at the next higher level shall file a case for investigation. The public security organ at a lower level of the public security organ that originally undertook the case shall not designate investigation. If the defender is a lawyer, the public security organ that filed the case for investigation shall promptly notify the law firm where he belongs or the lawyers association to which he belongs.
Article 54 A defense lawyer shall have the right to keep confidential the relevant information and materials of his client that 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 55 Before the investigation of a case is concluded, if the defense lawyer makes a request, the public security organ shall listen to the opinions of the defense lawyer, verify it according to the situation and record it. If a defense lawyer puts forward a written opinion, it shall attach a volume.
The public security organ shall verify the evidence collected by the defense lawyer that the 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, and record the relevant information, and the relevant evidence shall be attached. [ 1]
Chapter V Evidence
Article 56 All materials that can prove the facts of a case are evidence.
Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of the criminal suspect;
(6) Appraisal opinions;
(7) Records of inquest, inspection, investigation, experiment, search, seizure, sealing up, extraction and appraisal;
(8) Audio-visual materials and electronic data.
The evidence must be verified before it can be used as the basis for determining the facts of the case.
Article 57 Public security organs must, in accordance with legal procedures, collect all kinds of evidence that can prove the criminal suspect's guilt or innocence and the seriousness of the crime. It is necessary to 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 hired to assist in the investigation except in special circumstances.
Article 58 When collecting evidence from relevant units and individuals, public security organs shall inform them that they must provide evidence truthfully.
Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential.
Whoever forges, conceals or destroys evidence shall be investigated for legal responsibility according to law.
Fifty-ninth public security organs to obtain evidence from the relevant units and individuals, should be approved by the person in charge of the case handling department, issued a notice of evidence collection. The transferred unit or individual shall stamp or sign the notice, and if it refuses to stamp or sign, the public security organ shall indicate it. When necessary, the content of evidence and the process of obtaining evidence shall be fixed by means of audio or video recording.
Article 60 Evidence materials such as physical evidence, documentary evidence, audio-visual materials, electronic data, inspection reports, expert opinions, transcripts of inquests and inspections collected by administrative organs in the process of administrative law enforcement and case investigation and accepted by public security organs or obtained according to law may be used as evidence.
Article 61 The material evidence collected and retrieved shall be the original. Only when the original is inconvenient to carry, difficult to preserve, or should be preserved, processed or returned by the relevant departments according to law, can photos, videos or reproductions sufficient to reflect the form or content of the original be taken or made.
Photographs, videos or copies of material evidence can be used as evidence if they are verified with the original or proved to be true by appraisal, or can be proved to be true by other means. Photographs, videos or reproductions of the original cannot reflect the features and features of the original and cannot be used as evidence.
Article 62 Documentary evidence collected and retrieved shall be original. Copies or reproductions can only be used if it is really difficult to obtain the original.
Copies and reproductions of documentary evidence can be used as evidence if they are verified with the original or verified by identification, or can be proved to be true by other means. Documentary evidence has changes or signs of changes that cannot be reasonably explained, or copies and reproductions of documentary evidence cannot reflect the original documentary evidence and its contents, and cannot be used as evidence.
Article 63 Photographs, videos or copies of physical evidence, copies and copies of documentary evidence, audio-visual materials and electronic data shall be accompanied by a written description of the production process and the original and its storage place, and shall be signed by the producer, the article holder or the relevant personnel of the article holder.
Article 64 The opinions of public security organs on approving arrest and prosecution must be faithful to the facts. Whoever intentionally conceals the truth shall be investigated for responsibility according to law.
Article 65 The facts of a case that need to be ascertained include:
(a) whether there is a criminal act;
(two) the time, place, means and consequences of the crime;
(3) Whether the criminal act is committed by a criminal suspect;
(4) the identity of the criminal suspect;
(5) The motive and purpose of the criminal suspect in committing a criminal act;
(six) the responsibility of the criminal suspect and the relationship with other co-defendants;
(seven) the criminal suspect has circumstances that cannot be given a heavier, lighter, mitigated or exempted punishment;
(8) Other facts related to the case.
Article 66 When the public security organ transfers it for examination and prosecution, it shall ensure that the facts of the crime are clear and the evidence is true and sufficient.
If the evidence is true and sufficient, the following conditions shall be met:
(1) There is evidence to prove the facts of the case;
(2) The evidence of the facts of the case has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
The examination of evidence should be based on the specific circumstances of the case, from the degree of correlation between evidence and the facts to be proved, the relationship between evidence and so on.
If only the criminal suspect confesses and there is no other evidence, the facts of the case cannot be determined; If the criminal suspect has no confession and the evidence is true and sufficient, the facts of the case can be determined.
Article 67 confessions of criminal suspects collected by illegal methods such as extorting confessions by torture, witness testimonies and victim statements collected by illegal methods such as violence and threats shall be excluded.
If the collection of material evidence and documentary evidence violates legal procedures and may seriously affect judicial justice, it shall be corrected or given a reasonable explanation; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded.
Evidence that should be excluded in the investigation stage shall be excluded according to law with the approval of the person in charge of the public security organ at or above the county level, and shall not be used as the basis for requesting approval of arrest and transfer for review and prosecution.
If the people's procuratorate thinks that there may be cases of collecting evidence by illegal means and asks the public security organ to explain it, the public security organ shall promptly investigate and explain it in writing to the people's procuratorate.
Article 68 If the people's court considers that the existing evidence materials cannot prove the legality of evidence collection, and informs the relevant investigators or other personnel to appear in court to explain the situation, the relevant investigators or other personnel shall appear in court. When necessary, the relevant investigators or other personnel may also request to appear in court to explain the situation.
According to the notice of the people's court, the people's police shall testify in court for the criminal acts witnessed while performing their duties.
Article 69 Anyone who knows the circumstances of a case has the obligation to testify.
A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Whether the witness can distinguish right from wrong and express correctly can be examined or appraised when necessary.
Article 70 Public security organs shall ensure the safety of witnesses and their close relatives.
Threatening, insulting, beating or retaliating against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, it shall be given administrative punishment for public security according to law.
Seventy-first cases of crimes endangering national security, terrorist activities, organized crimes of underworld nature, drug crimes, etc. If the personal safety of witnesses, expert witnesses, victims or their close relatives is threatened during the investigation, the public security organ shall take one or more of the following protective measures:
(1) Not disclosing personal information such as real name, address and work unit;
(2) Prohibition