Keywords: entrusted defense
◆ Amend Article 33 to read: 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,
◆ Change article 36 into two articles as articles 37 and 38.
Article 37 If a defense lawyer holds a lawyer's practice certificate, a law firm certificate, a power of attorney or a letter of legal aid to ask for a meeting with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time. No later than 48 hours ...
Article 38 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the criminal facts alleged in this case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Keywords: forgery of evidence
Article 38 is renumbered as Article 42: A defender or any other person shall not help a criminal suspect or defendant to conceal, destroy or forge evidence or collude with each other. Do not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial procedures.
Keywords: self-incrimination
Article 43 is renumbered as Article 50: 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 crimes according to legal procedures. It is strictly forbidden to extort confessions by torture or collect evidence by threats, seduction, deception or other illegal methods, and no one may be forced to prove his guilt. ...
Keywords: extorting confessions by torture
◆ Five articles are added to exclude "collecting evidence by illegal means" as Articles 54 to 58.
Article 54 confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, 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. Evidence that should be excluded is found in the process of investigation, examination, prosecution and trial. It shall be excluded according to law and shall not be used as the basis for prosecution opinions, prosecution decisions and judgments.
Keywords: residential surveillance
One article is added as 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 carried out 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.
◆ One article is added as Article 76: The executing organ may adopt electronic monitoring, irregular inspection and other monitoring methods to monitor the compliance of criminal suspects and defendants under residential surveillance with the residential surveillance regulations; During the investigation, you can monitor the communication of the criminal suspect who is under surveillance.
Keywords: detention summons
◆ Article 64 is renumbered as Article 83, and the second paragraph is amended as: After detention, the detained person shall be immediately sent to the 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 circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Article 92 is renumbered as Article 117: "A criminal suspect who does not need to be arrested or detained may be summoned to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation, but the documents of the people's procuratorate or the public security organ shall be produced." . A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
Keywords: technical survey
◆ Add a section after the seventh section of Chapter II in Part II as the eighth section (Articles 148 to 152).
Article 148 stipulates that after putting a case on file, the public security organ may take technical investigation measures against crimes endangering national security, terrorist activities, organized crimes of underworld nature, major drug crimes or other crimes seriously endangering society after strict approval procedures according to the needs of investigating crimes.
Article 15 1 stipulates: In order to find out the case, when necessary. Upon the decision of the person in charge of the public security organ, the relevant personnel may conceal their identity for investigation. However, it is not allowed to induce others to commit crimes, and it is not allowed to use methods that may endanger public safety or cause serious personal danger. ...
Keywords: death penalty review
◆ Two articles are added as Articles 239th and 240th.
Article 239 stipulates that when reviewing a death penalty case, the Supreme People's Court shall make a ruling to approve or disapprove the death penalty. If the death penalty is not approved, the Supreme People's Court can send it back for retrial or change the sentence.
Article 240th stipulates that when reviewing a death penalty case, the Supreme People's Court shall interrogate the defendant. If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
In the process of reviewing death penalty cases, the Supreme People's Procuratorate can put forward opinions to the Supreme People's Court. The Supreme People's Court should inform the Supreme People's Procuratorate of the results of the death penalty review.
Editor/Huayu