Chapter I General Principles
Article 1 These Provisions are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC) and relevant regulations in order to standardize the procedures for public security organs to handle criminal reconsideration and review cases, protect the legitimate rights and interests of citizens, legal persons and other organizations according to law, and ensure and supervise public security organs to perform their duties according to law.
Article 2 The personnel involved in a criminal case refuse to accept the decision made by the public security organ to reject the application, withdraw the application, confiscate the deposit, impose a fine on the guarantor and refuse to file a case, and apply to the public security organ for criminal reconsideration and review. The public security organ accepts applications for criminal reconsideration and review, and makes decisions on criminal reconsideration and review. These provisions shall apply.
Article 3 When handling criminal reconsideration and review cases, public security organs should follow the principles of legality and justice, and correct mistakes to ensure the correct implementation of national laws.
Article 4 The criminal reconsideration institution mentioned in these Provisions refers to the legal department of the public security organ.
The relevant departments of public security organs shall, in accordance with the division of responsibilities, cooperate with the legal department to do a good job in criminal reconsideration and review.
Article 5 The funds required by criminal reconsideration and review institutions to handle criminal reconsideration and review cases shall be included in the public security business funds at the corresponding level; The equipment and working conditions required for handling criminal reconsideration and review matters shall be guaranteed by the public security organs to which they belong.
Chapter II Application
Article 6 In the process of handling criminal cases, the following persons concerned may apply for criminal reconsideration to the public security organ that made the decision according to law:
(1) If the party refuses to accept the decision to reject the application for withdrawal, the party concerned, his legal representative, agent ad litem and defense lawyer may raise it;
(2) If he refuses to accept the decision to confiscate the deposit, the person who has been released on bail pending trial or his legal representative may raise it;
(3) If the guarantor refuses to accept the penalty decision, he may propose it himself;
(four) the complainant refuses to accept the decision not to file a case, you can put forward;
(five) if the administrative organ that transferred the case refuses to accept the decision not to file a case, it may submit it to the administrative organ.
Article 7 If an applicant for criminal reconsideration refuses to accept the decisions made by the public security organ in Items 2 to 4 of Article 6 of these Provisions, he may file an application for criminal reconsideration with the public security organ at the next higher level.
Article 8 An application for criminal reconsideration or review shall be made within the time limit prescribed by the public security organ in handling criminal cases. If it cannot be put forward within the statutory time limit due to force majeure or other legitimate reasons, it shall submit the corresponding certification materials within five working days after the obstacle is eliminated. If it is approved by the criminal reconsideration or review institution, the delayed time shall not be counted in the statutory application period.
The "other legitimate reasons" mentioned in the preceding paragraph include:
(a) unable to apply for criminal reconsideration or review within the statutory application period due to serious illness;
(2) The legal representative of a person without capacity or with limited capacity cannot be determined within the statutory application period;
(three) the legal person or other organization is merged, divided or terminated, and it is impossible to determine the legal person or other organization that will inherit its rights within the statutory application period;
(four) other legitimate reasons identified by the criminal reconsideration and review institutions.
Article 9 An application for criminal reconsideration shall be made in writing. However, if the situation is urgent or it is not convenient for the applicant to submit a written application, he may submit an oral application.
To apply for criminal review, a written application shall be submitted.
Article 10 Whoever applies for criminal reconsideration or review in writing shall submit an application for criminal reconsideration or review to the criminal reconsideration or review institution, which shall contain the following contents:
(a) the name, gender, date of birth, work unit, domicile and contact information of the applicant and his agent; The name and address of the legal person or other organization, and the name, position, domicile and contact information of the legal representative or principal responsible person;
(2) The name of the public security organ that made the decision or reconsideration decision;
(3) Requests for criminal reconsideration and review;
(four) the facts and reasons for applying for criminal reconsideration and review;
(5) the date of applying for criminal reconsideration and review.
The application for criminal reconsideration shall be signed or fingerprinted by the applicant.
Article 11 Where an applicant orally applies for criminal reconsideration, the staff of the criminal reconsideration institution shall, in accordance with the matters specified in Article 10 of these Provisions, make a record of the Application for Criminal Reconsideration on the spot, which shall be signed or fingerprinted by the applicant or read out to the applicant for confirmation.
Article 12 An applicant applying for criminal reconsideration or review shall submit the following materials:
(a) A copy of the original decision and notification;
(two) to apply for criminal reconsideration, it shall also submit a copy of the reconsideration decision;
(3) A copy of the applicant's identity certificate;
(4) Where an agent ad litem files an application, he shall also provide the power of attorney of the parties.
(5) When applying, the defense lawyer shall also provide a copy of the lawyer's practice certificate, the certificate of the law firm, the power of attorney or the legal aid letter;
(6) Relevant facts and evidential materials collected by the applicant.
Thirteenth criminal reconsideration and review institutions to carry out the following work, the number of investigators shall not be less than two:
(1) Accepting applications for oral criminal reconsideration;
(two) to investigate the situation to the relevant organizations and personnel;
(three) to listen to the opinions of the applicant and relevant personnel.
The personnel of the criminal reconsideration institution who participated in the review of the original decision shall not be the case handlers of criminal reconsideration cases.