1. It is clearly stipulated that the people's courts and people's procuratorates independently exercise judicial power and procuratorial power according to law; The people's procuratorates shall exercise legal supervision over criminal proceedings according to law, and no one shall be found guilty without a judgment of the people's court according to law. Although the Constitution, the Organic Law of the People's Court and the Organic Law of the People's Procuratorate have long stipulated the content of independently exercising judicial power and procuratorial power according to law, it is still of great significance to write it into the Criminal Procedure Law as a basic principle, and it can never be understood as a simple repetition of the same content. With the continuous improvement of socialist democracy and legal system, the protection of the legitimate rights and interests of every citizen will be paid more attention, and the responsibility of the people's courts will become heavier and heavier. In this situation, it is a basic principle to clearly stipulate that the people's procuratorate shall exercise legal supervision over criminal proceedings according to law, and its significance and role cannot be underestimated. The provision that "no one shall be found guilty without a judgment of the people's court according to law" is quite innovative. This is the first time that a clause of this nature has appeared in China law. It is not an internationally accepted presumption of innocence, but it is a bit like presumption of innocence. According to this provision, only the people's court has the right to find guilty, and only when the people's court makes a judgment according to law can a person be found guilty or guilty of a certain crime. At the same time, this provision certainly means that no one can be identified as a criminal or a guilty person without the judgment of the people's court.
2. Promote the time for defenders in public prosecution cases to participate in litigation, and expand the scope of designated defense and the rights of non-lawyer defenders. The revised Criminal Procedure Law stipulates that a criminal suspect in a public prosecution case may entrust a defender from the date when the case is transferred for examination and prosecution. At the same time, it is also stipulated that a criminal suspect can hire a lawyer to provide legal advice and represent his complaint and accusation after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken. Therefore, defenders entrusted by criminal suspects, especially lawyers, can participate in the proceedings much earlier than the time when the people's court decides to hold a trial. In addition, the revised Criminal Procedure Law has also increased the number of cases in which prosecutors appear in court for public prosecution. If the defendant fails to entrust a defender due to financial difficulties or other reasons, the people's court may appoint a lawyer who undertakes the obligation of legal aid to defend him. If the defendant may be sentenced to death without entrusting a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. Without the permission of the people's procuratorate or the people's court, a lawyer's defender may consult, extract and copy the litigation documents, technical appraisal materials or materials accusing the criminal facts in this case. These new regulations have created more adequate guarantee conditions for the exercise of the defendant's right to defense.
3. The term of bail pending trial and residential surveillance is defined, that is, the longest period of bail pending trial shall not exceed 12 months and residential surveillance shall not exceed 6 months. At the same time, the detention period has been extended,
Reduced the conditions for arrest. Originally, the longest detention period could not exceed 14 days, but now it can reach 14 days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes by gangs, it can take 40 days. One of the initial conditions for arrest is that the main criminal facts have been ascertained. Now this condition is revised to: there is evidence to prove that there is a criminal fact. These amendments and supplements not only pay attention to the need to stop and crack down on crimes, but also pay attention to protecting the legitimate rights and interests of criminal suspects and defendants, which is in line with China's reality, especially after the abolition of custody review.
4. The rights of victims have been expanded. As a party, the victim has the right to apply for withdrawal; If the victim thinks that the public security organ should file a case for investigation instead of filing a case for investigation, he has the right to file a complaint with the people's procuratorate; During the examination of the case by the people's procuratorate, the victim has the right to express his opinions; For the decision of the people's procuratorate not to prosecute, the victim has the right to file a lawsuit with the people's procuratorate at the next higher level or directly to the people's court. In short, it is a major feature of this revision of the Criminal Procedure Law to safeguard the legitimate rights and interests of victims, expand their litigation rights and effectively solve the problem of difficult appeals in reality.
5. Strengthen the role of both the prosecution and the defense in court investigation, and weaken the function of the people's court to pay attention to cooperation with the prosecution. The revised criminal procedure law stipulates that after the public prosecutor reads the indictment in court, the defendant and the victim can make statements about the crimes accused in the indictment, and the public prosecutor can interrogate the defendant; Victims, plaintiffs, defenders and agents ad litem in incidental civil actions may, with the permission of the presiding judge, put questions to the defendant; Public prosecutors, parties, defenders and agents ad litem may, with the permission of the presiding judge, put questions to witnesses and expert witnesses; The public prosecutor and the defender shall present the material evidence to the court, and the documents as evidence, such as the testimony record of the witnesses who did not appear in court, the expert's appraisal conclusion, and the inspection record, shall be read out in court, and the judges shall listen to the opinions of the public prosecutor, the parties, the defender and the agent ad litem; If the collegial panel has doubts about the evidence, it may announce an adjournment to investigate and verify the evidence. These provisions are obviously different from the Criminal Procedure Law before revision. According to the original regulations, the court investigation mainly involves the judges interrogating the defendant, asking witnesses and expert witnesses, presenting physical evidence in court, and reading the witness testimony transcripts, expert appraisal conclusions and other documents as evidence. Prosecutors and defenders play little role in the court investigation stage. On the contrary, court investigation is mainly conducted by both the prosecution and the defense. Although the judge still has the right to interrogate the defendant