Promulgation Unit Ministry of Public Security of the People's Republic of China
Date of Promulgation 19980514
Date of Enforcement 19980514
The amended Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs was adopted by the Ministerial Meeting of April 20, 1998, and is hereby promulgated and put into effect. The revised Provisions on Procedures for Handling Criminal Cases by Public Security Organs have been adopted at the Ministerial Meeting of the Ministry of Public Security on April 20, 1998, and are hereby promulgated and put into effect.
Chapter Title Table of Contents
Chapter I. Tasks and Basic Principles
Chapter II. Jurisdiction
Chapter III. Recusal
Chapter IV. Participation of Lawyers in Criminal Proceedings
Chapter V. Evidence
Chapter VI. Compulsory Measures
Section I. Detentions and Summonses
Section II. Section 3: Residence under surveillance
Section 4: Detention
Section 5: Arrest
Section 6: Duration of custody
Section 7: Other provisions
Chapter VII: Detention in custody
Chapter VIII: Establishment of a case, solving the case, and closing the case
Section 1: Acceptance of the case
Section 2: Establishment of the case
Section 3: Breaking the case, closing the case
Section 9: Detection of cases
Section 10: Detection of cases, solving the case, and closing the case
Chapter 9: Investigation
Section 1: General Provisions
Section 2: Interrogation of Suspects
Section 3: Questioning of Witnesses and Victims
Section 4: Surveying and Inspection
Section 5: Searching
Section 6: Seizure of Material and Documentary Evidence
Section 7: Querying and Freezing of Deposits and Remittances
Section 8: Identification
Section 9: Identification
Section 10: Wanted
Section 11: End of Investigation
Section 12: Supplementary Investigation
Chapter 10: Execution of Sentences
Section 1: Delivery of Offenders
Section 2: Commutation of Sentence, Parole
Section 3: Supervision and Inspection of Offenders
Section 4: Handling of Criminals Who Commit New Crimes
Chapter 11: Collaboration in Handling Cases
Chapter 12: Handling of Cases of Crimes Committed by Aliens
Chapter 13: Criminal Mutual Legal Assistance and Police Cooperation
Chapter 14: Supplementary Provisions
Chapter Name Chapter 1: Mandate and Basic Principles
Article 1: In order to ensure the implementation and enforcement of the Criminal Procedure Law of the Chinese People's Republic of China
Article 1: To ensure the implementation and enforcement of the Criminal Procedure Law of the Chinese People's Republic of China Criminal Procedure Law, to ensure the implementation of the public security organs in criminal proceedings to correctly perform their powers and functions, to unify the case procedures, to ensure the quality of the case, and to improve the efficiency of the case, the formulation of these provisions.
Article 2 The tasks of the public security organs in criminal proceedings are to ensure the accurate and timely ascertainment of the facts of the crime, the correct application of the law, the punishment of criminals, to ensure that innocent people are not subjected to criminal prosecution, and to educate citizens to consciously abide by the law, and to actively fight against criminal acts, in order to safeguard the socialist legal system, to protect the citizens' personal, property, democratic and other rights, and to ensure the smooth progress of the cause of socialist construction. The cause of socialist construction is carried out smoothly.
Article 3 The basic powers and functions of the public security organs in criminal proceedings are to open, investigate and pre-trial criminal cases in accordance with the law; to decide on and carry out coercive measures; to refrain from filing a case where criminal responsibility is not pursued in accordance with the law, and to withdraw the case where it has already been pursued; to transfer to the People's Procuratorate for examination and decision the cases that should be prosecuted upon completion of the investigation; and to give treatment to the suspected offenders who are not subjected to sufficient criminal penalties for administrative handling in accordance with the law. Give treatment; sentenced to less than one year of fixed-term imprisonment or the remaining term of imprisonment of less than one year of the offender, on behalf of the execution of the sentence; the implementation of control, detention, deprivation of political rights, deportation, temporary imprisonment; parole and sentenced to probation, suspended sentence of fixed-term probation of offenders to carry out supervision, inspection.
Article 4 The public security organs to conduct criminal proceedings, must rely on the masses, based on facts and the law as a criterion. For all citizens, all are equal in the application of the law, before the law, no privileges are allowed.
Article 5 The public security organs to conduct criminal proceedings, must be with the people's courts, the people's procuratorates division of responsibility, mutual cooperation, mutual control, in order to ensure the accurate and effective implementation of the law.
Article 6 The public security organs to conduct criminal proceedings, accept the legal supervision of the people's procuratorates.
Article 7 The public security organs to conduct criminal proceedings, shall establish and improve the case responsibility system, accountability for wrongdoing system and other internal oversight system.
In criminal proceedings, the higher-level public security organs found that the lower-level public security organs of the decisions made or cases handled in error, the right to revoke or change, but also can be directed to the lower-level public security organs to be corrected.
The lower public security organ must implement the decision of the higher public security organ, and if it believes that there is an error, it can report to the higher public security organ while implementing the decision.
Article 8 The public security organs to handle criminal cases, must emphasize evidence, investigation and research, not gullible confession, and strictly prohibit the use of torture to extort confessions.
Article 9 The public security organs to handle criminal cases, should protect the litigation participants in accordance with the law to enjoy the rights of the litigation.
The public security organs shall handle juvenile crime cases by specialized agencies or special staff, implement the policy of education, probation and salvation, and take care of the physical and mental characteristics of minors, and safeguard their legitimate rights and interests.
Article 10 The public security organs at all levels shall, in accordance with the law, handle criminal cases by submitting them to the people's procuratorates at the same level for arrest and prosecution, and strictly abide by the provisions of the time limit for handling criminal cases.
Article 11 The public security organs to handle criminal cases, for those who do not know the local common language and script of the participants in the proceedings, they should be translated for them.
In areas where ethnic minorities live in large numbers or where many ethnic groups live in mixed communities, interrogation shall be conducted in the language commonly used in the area. The litigation documents published to the outside world shall use the local common language.
Article 12 of the public security organs to handle criminal cases, the regions should strengthen mutual cooperation and coordination, and strictly fulfill the duties of co-investigation and co-operation.
Article 13 According to the Chinese people *** and the State concluded or participated in the international treaties and the Ministry of Public Security signed a bilateral cooperation agreement, or in accordance with the principle of reciprocity, China's public security organs and foreign police organs can request each other criminal judicial assistance and police cooperation.
Chapter Name Chapter II Jurisdiction
Article 14 In accordance with the provisions of the Criminal Procedure Law on the division of jurisdiction over criminal cases, in addition to the crimes of embezzlement and bribery, the crimes of dereliction of duty on the part of staff members of state organs, the crimes of unlawful detention, extortion of confessions by torture, obtaining of evidence by violence, retaliation for framing up and unlawful searches, which are crimes of infringement upon the personal rights of citizens, and crimes of infringement upon their democratic rights, which are crimes of assault, battery, and illegal search of a person by a supervisory officer. Crimes, custodial staff beating, corporal punishment and abuse of custodial staff, military personnel in violation of their duties, approved by the People's Procuratorate at or above the provincial level of the staff of state organs using their powers to commit other major crimes, as well as private prosecution cases, other than the jurisdiction of the public security organs of the other criminal cases.
The public security organs shall accept the criminal cases directly handled by the people's courts in which the victims have evidence to prove that the private prosecution is dismissed due to insufficient evidence, and which can be accepted and transferred by the public security organs.
Article 15 Criminal cases shall be under the jurisdiction of the public security organs of the place where the crime was committed. If the jurisdiction of the public security organ of the place of residence of the criminal suspect is more appropriate, it may be the jurisdiction of the public security organ of the place of residence of the criminal suspect.
Article 16 A criminal case over which several public security organs have jurisdiction shall be under the jurisdiction of the public security organ that initially receives the case. If necessary, the jurisdiction of the public security organ in the place where the main crime was committed.
Article 17 In criminal cases where the jurisdiction is unclear, the public security organs concerned may determine the jurisdiction through consultation.
The jurisdiction of disputed or special circumstances of criminal cases, can be **** the same superior public security organs to designate jurisdiction.
Article 18 The public security organs at the county level shall be responsible for the investigation of criminal cases occurring within their jurisdiction; the public security organs at the prefectural (municipal) level or above shall be responsible for the investigation of major foreign-related crimes, major economic crimes, major syndicated crimes, and major criminal cases in which the public security organs at lower levels have difficulties in detecting.
Article 19 The jurisdiction of criminal cases within the public security organs shall be determined in accordance with the establishment of criminal investigation agencies and their division of responsibilities.
Article 20 of the railroad, transportation, civil aviation system of the authorities, factories, sections, hospitals, schools, institutes, teams, work areas and other units of criminal cases, stations, ports, terminals, airports in the work area and the train, ship, civil aviation aircraft criminal cases, criminal cases occurring on the construction site of the railroad construction, the railroad along the line, the waterway routes occurring in the theft or destruction of railroads, waterways, communications, Power lines and other important facilities of criminal cases, as well as internal workers in the railroads, transportation lines in the performance of their duties in the case, respectively, by the place of occurrence of the railroad, transportation, civil aviation public security organs under the jurisdiction.
The public security organs of the forestry system are responsible for the investigation of criminal cases within their jurisdiction, such as logging, deforestation, endangering terrestrial wildlife and rare plants, etc.; the public security organs of the forest industry in large forested areas are also responsible for the investigation of other criminal cases within their jurisdiction. Where no specialized forestry public security organs have been established, the public security organs of the location shall have jurisdiction.
Article 21 The criminal cases investigated by the public security organs involve cases under the jurisdiction of the People's Procuratorate, the criminal cases under the jurisdiction of the People's Procuratorate shall be transferred to the People's Procuratorate. Suspected of the main crime belongs to the jurisdiction of the public security organs, the public security organs shall be the main investigation; suspected of the main crime belongs to the jurisdiction of the people's procuratorate, the public security organs to cooperate.
Article 22 The division of jurisdiction between the public security organs and the military in criminal cases involving each other is as follows:
(1) If a soldier commits a crime at the local level, the local public security organs shall promptly transfer the case to the military security department for investigation.
(2) local people in the military camps, the military security department transferred to the public security organs for investigation.
(C) military and local personnel *** with the military camps, the military security department to organize the main investigation, the public security organs to cooperate; *** with the local crime, the public security organs to organize the main investigation, the military security department to cooperate.
(d) active military personnel before enlisting in the local crime, according to law should be held criminally responsible, by the public security organs to investigate, the military security departments to cooperate.
(E) military personnel out of active duty, found during their service in the military camps, should be held criminally responsible, by the military security department investigation, the public security organs with.
(F) military personnel out of active duty, on the way out of the crime, as well as has been approved for enlistment has not yet been handover procedures with the army recruits, by the public security organs for investigation.
(7) belonging to the local people's armed forces department management of the militia weapons depot and the army handed over or leased, loaned to the local units of the army barracks, barracks, warehouses, airports, wharves, as well as military and local personnel mixed military dormitory area of the occurrence of non-infringement of the military interests and rights and interests of military personnel by the public security organs to investigate, the army security department with the cooperation.
(H) the military in the industrial and commercial administration department registered, the implementation of enterprise management companies, factories and mines, hotels, restaurants, theaters, as well as the military and local joint ventures occurring in the case of the enterprise, the public security organs to investigate, the military security departments to cooperate.
Handling of criminal cases involving public security organs and the military, the public security organs and the relevant military security departments should exchange information in a timely manner, to strengthen collaboration and close cooperation; the jurisdiction of disputed cases, should be *** together with the study and consultation, if necessary, can be coordinated and resolved by the two sides of the higher authorities.
The "military" referred to in this article refers to active military personnel, military employees and the military management of the separated and retired personnel.
Article 23 The division of jurisdiction of criminal cases involving public security organs and armed police forces shall be handled in accordance with the principles of the division of jurisdiction of criminal cases involving public security organs and the military.
The public security border guards, firefighters and guards of the armed police forces, as well as the criminal cases of the personnel of the gold, transportation, water and electricity, and forest forces of the armed police shall be under the jurisdiction of the public security organs.
Chapter Name Chapter III Evasion
Article 24 The person in charge of the public security organ and the investigator shall evade the case on their own if any of the following circumstances exist, and the party concerned and his legal representative shall also have the right to request them to evade the case:
(1) if he is a party to the case or a close relative of the party concerned;
(2) if he or his close relatives have an interest in the case;
(3) if he or his close relatives have an interest in the case;
(4) if he has an interest in the case; and
(C) has served as a witness, expert, defender, litigation agent in the case;
(D) has other relations with the parties to the case, which may affect the fair handling of the case.
Article 25 The person in charge of the public security organs, investigators to apply for recusal on their own, shall state the reasons for recusal; oral application, shall be recorded.
Article 26 The person in charge of the public security organs, investigators shall not accept treats and gifts from the parties and their clients, and shall not meet with the parties and their clients in violation of the regulations. Violation of the provisions, shall be investigated for legal responsibility. The parties and their legal representatives have the right to request them to recuse themselves.
Article 27 The parties and their legal representatives to request the head of the public security organs, investigators recuse themselves, shall submit an application and explain the reasons. If the application is made orally, the public security organs shall record it.
Article 28 The recusal of investigators, by the head of the public security organs at or above the county level; the recusal of the head of the public security organs at or above the county level, by the Procuratorial Committee of the People's Procuratorate at the same level.
Article 29 The person in charge of the public security organs, investigators with one of the circumstances that should be recused, he did not recuse himself, the parties and their legal representatives did not apply for their recusal, shall be the same level of the people's procuratorate Procuratorial Committee or the person in charge of the public security organs at or above the county level to decide that they recuse themselves.
Article 30 After the public security organs make a decision to reject the application for disqualification, the public security organs shall inform the parties and their legal representatives that if they are not convinced of this decision, they can apply for reconsideration to the original decision-making organ within five days after receiving the Decision on Rejection of Application for Disqualification.
Article 31 The parties and their legal representatives of the decision to reject the application for recusal of the application for reconsideration, the decision-making authority shall make a decision on reconsideration within three days and notify the applicant in writing.
Article 32 In the process of investigation, the appraiser, recorder and interpreter need to be recused, the person in charge of the public security organs at or above the county level shall decide.
The provisions of this chapter shall apply to the recusal of appraisers, recorders and interpreters.
Article 33 The person in charge of the public security organs, investigators, experts, recorders and interpreters who have been decided to be recused, the validity of the litigation activities carried out prior to the decision on recusal shall be decided by the organ that makes the decision in the light of the circumstances of the case.
Article 34 Before a recusal decision is made or during the period of reconsideration, the person in charge of the public security organ or investigator shall not stop investigating the case.
Chapter name Chapter IV lawyers involved in criminal proceedings
Article 35 The public security organs shall, in accordance with the law to safeguard the practice of lawyers, to protect lawyers in the investigation stage of the following business:
(1) to the public security organs to understand the suspect suspected of the charges;
(2) to meet with the suspect, to the suspect to learn about the case;
(3) Providing legal counseling and representing criminal suspects in complaints and accusations;
(4) applying for bail for criminal suspects who have been arrested.
Article 36 The public security organs, after the first interrogation of criminal suspects in accordance with the law, or the date of compulsory measures, shall inform the suspect of the right to hire a lawyer to provide legal advice, representation, complaints, accusations, and record.
Article 37 For cases involving state secrets, the public security organs shall inform the suspect to hire a lawyer shall be approved by the public security organs.
Cases involving state secrets, refers to the case or the nature of the case involves state secrets of the case, can not be due to the investigation of criminal cases in the process of the relevant materials and handling of the need to maintain secrecy and as a case involving state secrets.
Article 38 A criminal suspect may hire a lawyer himself or herself, and his or her relatives may do so on his or her behalf.
The suspect's request to hire a lawyer can be made in writing, can also be raised orally. Orally, the public security organs shall make a transcript of the suspect's signature (seal), fingerprints.
Article 39 of the criminal suspect in custody to hire a lawyer, the detention center shall promptly convey its request to the investigating authorities handling the case, the investigating authorities shall promptly convey the request to the person entrusted to the law firm or the law firm. The suspect only put forward the request to hire a lawyer, but can not mention the specific object, the investigating authorities shall promptly notify the local bar association or judicial administrative organs for its recommended lawyers.
Article 40 of the same case of criminal suspects shall not employ the same lawyer.
Article 41 For cases involving state secrets, the suspect or his relatives proposed to hire a lawyer, the public security organs at or above the county level shall, within three days after receipt of the application for approval or disapproval of the decision, and notify the suspect or his relatives.
Article 42 The public security organs found that cases involving state secrets, the suspect has hired a lawyer, shall promptly inform the hired lawyer shall not participate in the investigation stage of the proceedings, and at the same time notify the suspect. Suspects still insist on hiring, shall be approved by the public security organs.
Article 43 for cases that do not involve state secrets, lawyers do not need to meet with suspects after approval, the public security organs shall not be required to investigate the need to keep secrets as cases involving state secrets are not approved.
For cases involving state secrets, lawyers request to meet with suspects, shall fill in the "application form for meeting with suspects", by the public security organs at or above the county level for approval. The public security organs do not approve the meeting, shall explain the reasons to the lawyer.
Article 44 the lawyer proposes to meet with the suspect, the public security organs shall arrange a meeting within forty-eight hours; for the organization, leadership, participation in triad society nature organization crime, organization, leadership, participation in terrorist activities organization crime or smuggling crime, drug crime, corruption and bribery crime and other major and complex **** the same crime case, the lawyer proposes to meet with the suspect, shall be within five days. Arrangements for meeting.
Article 45 lawyers meet with criminal suspects in custody need to hire an interpreter, shall be authorized by the public security organs.
Article 46 lawyers meet with criminal suspects in custody, the public security organs in accordance with the circumstances of the case and the need to be present.
Article 47 lawyers meet with criminal suspects in custody, the public security organs shall check the lawyer's license, law firm letter of introduction, letter of engagement, the public security organs to meet with the notice and permission for the interpreter to participate in the meeting of the certificate. For cases involving state secrets, the public security organs shall also check the "approval to meet with criminal suspects decision".
Lawyers meet with criminal suspects in custody, the public security organs shall inform them to comply with the provisions of the meeting place.
Article 48 lawyers meet with criminal suspects in custody, in violation of the provisions of the law or the provisions of the meeting place, the presence of the police shall stop, if necessary, may decide to stop the meeting.
Article 49 lawyers in criminal proceedings in violation of the relevant provisions of the behavior, the public security organs shall promptly stop and notify the lawyer management.
chapter name chapter 5 evidence
article 50 evidence refers to all the facts that prove the true situation of the case.
There are the following seven types of evidence:
(1) physical and documentary evidence;
(2) witness statements;
(3) victim statements;
(4) confessions and defense of criminal suspects;
(5) appraisal conclusions;
(6) investigation and inspection records;
(7) audio-visual materials. .
Evidence must be verified to be true, in order to serve as the basis for the case.
Article 51 The public security organs must be in accordance with the legal procedures to collect evidence that can confirm the guilt or innocence of the suspect, the circumstances of the crime. It is strictly prohibited to torture confessions and the collection of evidence by threat, enticement, deception or other illegal methods. Must ensure that all citizens related to the case or understanding of the facts of the case, the conditions of objective and sufficient evidence, except in special circumstances, and can absorb them to assist in the investigation.
Article 52 The public security organs to the relevant units and individuals to collect and retrieve evidence, should be informed that they must truthfully provide evidence.
For evidence involving state secrets and technical investigative measures to obtain evidence of crime, shall be kept secret.
Anyone who forges evidence, conceals evidence or destroys evidence must be prosecuted by law.
Article 53 The public security organs to the relevant units and individuals to retrieve physical evidence, shall be approved by the person in charge of the public security organs at or above the county level, issued a "notice of retrieval of evidence". The transferred unit or individual shall be stamped or signed on the notice, refused to stamp or signature, the public security organs shall indicate.
The public security organs to the relevant units to collect and retrieve written evidence materials, must be provided by the signature of the person, and stamped with the unit seal; public security organs to collect and retrieve written evidence materials from individuals, must be confirmed by the person's signature or seal.
Article 54 Anyone who knows the case, have the obligation to testify.
Physiological and mental defects or young, can not distinguish between right and wrong, can not properly express the person, can not testify.
If necessary, the witness can be examined or identified as to whether he or she can distinguish right from wrong and whether he or she can express himself or herself correctly.
Article 55 The public security organs shall guarantee the safety of witnesses and their close relatives.
Threats, insults, beatings or retaliation against witnesses and their close relatives, constituting a crime, shall be investigated for criminal responsibility; not yet sufficient for criminal punishment, shall be punished by public security administration.
Article 56 The facts of the case that need to be ascertained include:
(1) the identity of the suspect;
(2) whether or not the criminal act for which the investigation is being opened exists;
(3) whether or not the criminal act for which the investigation is being opened was committed by the suspect;
(4) the suspect's motives and purposes for committing the criminal act;
(5) the criminal act for which the suspect committed the criminal act. p> (E) the time, place, means, consequences and other circumstances of the commission of the crime;
(F) the responsibility of the suspect and the relationship with other co-accused;
(G) the suspect has no statutory aggravating, mitigating, reducing the punishment, as well as exempted from punishment;
(VIII) other facts related to the case.
Article 57 The collection and retrieval of documentary evidence shall be the original. If there are difficulties in obtaining the original or due to the need for confidentiality, it may be a copy or reproduction.
The collection and retrieval of physical evidence shall be the original. The original is not convenient to carry, save or should be returned to the victim in accordance with the law, can be taken to reflect the original shape or content of the photographs, videos.
Article 58 copies of documentary evidence, copies, copies of audio-visual materials, physical evidence, photographs, videos, shall be accompanied by a written description of the production process and the original, the original depository instructions, and signed or stamped by the producer.
Article 59 The public security organs to authorize the arrest, prosecution opinion must be faithful to the truth. Those who deliberately conceal the truth shall be held accountable.
Chapter Title Chapter VI Coercive Measures
Chapter Title Section 1: Subpoena
Article 60 The public security organs in accordance with the case of the need to subpoena the suspect, or after the summoning of the suspect without a valid reason for failure to appear in the case, may be subpoenaed to the city or county where they are at the designated location for questioning.
Need to be detained, should fill out the "request for detention report", with relevant materials, reported to the head of the public security organs at or above the county level for approval.
Article 61 of the public security organs shall be detained and summoned suspects shall be presented with the "Detention and Summoning Certificate", and ordered to sign the "Detention and Summoning Certificate" (seal), fingerprints.
The suspect shall be ordered to fill in the time of arrival on the Certificate of Detention. After the end of the interrogation, it should be filled in the "Custody Certificate" on the end of the interrogation time. The suspect refuses to fill in, the investigator shall indicate on the "detention and summoning certificate".
Article 62 The duration of the detention and summoning shall not exceed twelve hours, and the suspect shall not be detained in disguise in the form of continuous detention and summoning.
Where there is a need to change the detainee to other coercive measures, a decision on approval or disapproval shall be made within the period of detention; in the case of disapproval, the detention shall be terminated immediately.
Chapter Name Section 2: Release on Bail Pending Trial
Article 63 The public security organs may release on bail pending trial a criminal suspect in one of the following circumstances:
(1) Where the sentence may be control, detention or an additional sentence independently applied;
(2) Where the sentence may be a term of imprisonment or more, and releasing the suspect on bail pending trial does not result in a dangerous situation to society;
(C) the suspect who should be arrested suffers from a serious disease, or is pregnant, breastfeeding their babies under the age of one year of women;
(D) the suspect detained, the evidence does not meet the conditions for arrest;
(E) after submitting the arrest, the procuratorial organs do not approve the arrest, need to be reconsidered and reviewed;
(F) the suspect was (F) the criminal suspect is detained in the case, can not be completed within the legal time limit, the need to continue the investigation;
(VII) referred to prosecution, the procuratorial organs decided not to prosecute, the need for reconsideration and review.
Article 64 The recidivist, the main criminal of a criminal group, a criminal suspect who evades investigation by self-injury or self-mutilation, a criminal who jeopardizes national security, a violent crime, and a criminal suspect of other serious crimes shall not be released on bail pending trial.
Article 65 The application for release on bail pending trial by a detained criminal suspect, his legal representative, close relatives, or a lawyer hired by an arrested criminal suspect shall be made in writing. The public security organs shall, upon receipt of the application, respond within seven days with a favorable or unfavorable answer. Agree to bail pending trial, the bail pending trial procedures in accordance with the law; do not agree to bail pending trial, shall notify the applicant in writing, and explain the reasons.
Article 66 of the need for criminal suspects awaiting trial on bail, shall make a "report on the application for bail pending trial", explaining the reasons for bail pending trial and the way to take the guarantee, approved by the person in charge of the public security organs at or above the county level, and issue a "decision on bail pending trial". The "decision to obtain bail pending trial" shall be read to the suspect, the suspect's signature (seal), fingerprints.
Article 67 The public security organs decide to release the suspect on bail pending trial, shall order the suspect to put forward a guarantor or deposit.
The same suspect shall not be ordered to put forward a guarantor and deposit at the same time.
Article 68 If a criminal suspect who meets the conditions for release on bail pending trial neither pays a deposit nor has a guarantor, he or she may be placed under residential surveillance.
Article 69 If a guarantor is adopted, the guarantor must meet the following conditions and be examined and agreed to by the public security organs:
(1) not implicated in the case;
(2) capable of fulfilling the guarantee obligation;
(3) enjoying political rights and not having his personal liberty restricted;
(4) having a fixed place of residence and income.
Article 70 The guarantor shall fulfill the following obligations:
(1) Supervise the guaranteed person to comply with the provisions of Article 86 of the present provisions;
(2) Discovering that the guaranteed person may occur or has occurred in violation of the provisions of Article 86 of the present provisions of the act, it shall promptly report to the public security organs of the implementation of the release of the person on bail pending trial.
Article 71 The guarantor shall fill in the "guarantee" and sign or stamp on the "guarantee". The guarantor violates the provisions that should be complied with, the guarantor fails to report in a timely manner, the public security organs to investigate and verify the facts, approved by the head of the public security organs at or above the county level, the issuance of the "decision on the guarantor of a fine", the guarantor imposed a fine; constitutes a crime, shall be investigated for criminal responsibility.
Article 72 The public security organ shall announce to the guarantor the decision to fine him, and inform him that if he is not convinced of the decision to fine him, he may apply for a review to the public security organ of the next higher level within five days from the date of receipt of the "Decision on Fining the Guarantor".
The higher-level public security organ shall make a decision within seven days from the date of receipt of the application for review. If the higher public security organ revokes or changes the decision on the fine, the lower public security organ shall implement it.
Article 73 Where a criminal suspect is guaranteed by a guarantor, if the guarantor's situation changes during the period of release on bail pending trial and he is unwilling to continue the guarantee or loses the conditions of the guarantee, the criminal suspect shall be ordered to re-propose the guarantor or deposit the guarantee.
Article 74 The suspect shall be ordered to pay the security deposit, shall be strictly examined and reported to the head of the public security organs at or above the county level for approval.
Where a suspect is ordered to pay a higher amount of security deposit, it shall be approved by the head of the public security organ at or above the prefectural (municipal) level.
Article 75 The amount of the security deposit shall be determined on the basis of the local level of economic development, the economic situation of the suspect, the nature of the case, the circumstances, the social harm and the severity of the possible penalties.
The deposit shall be paid in the form of RMB or a currency that can be exchanged in Chinese financial institutions.
Article 76 The deposit shall be paid by the suspect or his relatives, friends, legal representatives, units to the bank account designated by the public security organs.
It is strictly prohibited to retain, sit on, misappropriate, or in any other form of embezzlement of the security deposit.
Article 77 The public security organs, when notifying the suspect to pay the deposit, shall inform him of the provisions he must comply with and the consequences of violating the provisions shall be borne.
Article 78 If a suspect violates the relevant provisions during the period of release on bail pending trial, the public security organs shall, according to the circumstances of the violation, decide to confiscate part or all of the security deposit, and, depending on the circumstances, order him or her to repent, re-pay the security deposit, put forward a guarantor, or change the residence under surveillance, or submit it to the People's Procuratorate for approval to arrest.
Article 79 The need to confiscate the security deposit shall be strictly examined and reported to the head of the public security organs at or above the county level for approval, and issue a "decision on confiscation of the security deposit".
The decision to confiscate a higher amount of security deposit shall be approved by the head of the public security organs above the prefecture (city) level.