Interpretation of the Supreme People's Court on the Application of the "People's Criminal Procedure Law of the People's Republic of China and the National Criminal Procedure Law"
Chapter 1 Jurisdiction
Article 1: People Private prosecution cases directly accepted by the court include:
(1) Cases of prosecution:
1. Insult and defamation (Article 246 of the Criminal Law), but serious harm to social order and the country Except for interests);
⒉The crime of violent interference with the freedom of marriage (Article 257, Paragraph 1 of the "Criminal Law");
⒊The crime of abuse (Article 260, Paragraph 1 of the "Criminal Law") );
⒋Private prosecution cases (Article 270 of the Criminal Law).
(2) Minor criminal cases where the People’s Procuratorate does not prosecute but the victim has evidence to prove it:
1. Crime of intentional injury (Criminal Law, Article 234, Paragraph 1) ;
⒉The crime of illegal intrusion into a residence (Article 245 of the "Criminal Law");
The crime of infringing on the freedom of communication (Article 252 of the "Criminal Law");
Song ⒋ case (Article 270 of the "Criminal Law");
Song ⒋ case (Article 270 of the "Criminal Law");
Song ⒋ case ("Criminal Law" Article 270) Article 270 of the Criminal Code).
The crime of bigamy (Article 258 of the Criminal Law);
The crime of intentional abandonment (Article 261 of the Criminal Law);
The crime of producing and selling counterfeit and inferior goods (Criminal Law, Chapter 3, Section 1, except those that seriously endanger social order and national interests);
Infringement of intellectual property rights (Criminal Law, Chapter 3, Section 7);
The crime of infringement of intellectual property rights by borrowing (Criminal Law, Chapter 3, Section 7);
The crime of infringement of intellectual property rights (Criminal Law, Chapter 3, Section 7). Borrowing cases of infringement of intellectual property rights (except for cases that seriously endanger social order and national interests as stipulated in Section 7 of Chapter 3 of the Criminal Law);
Possible sentences as stipulated in Chapters 4 and 5 of the Criminal Law Cases in which the penalty is not more than three years’ imprisonment.
If the victim directly files a lawsuit with the People's Court for a case stipulated in this item, the People's Court shall accept the case in accordance with the law. If the evidence is insufficient and the public security organ refuses to accept the case, or if it is believed that the defendant may be sentenced to a fixed-term imprisonment of more than three years, the victim shall be notified to report the case to the public security organ, or the case shall be transferred to the public security organ for investigation.
(3) The victim has evidence to prove that the defendant violated his personal rights and property rights and should be held criminally responsible, and there is evidence to prove that the case has been reported, but the public security organ or the People's Procuratorate will not pursue criminal responsibility.
Article 2
The place of crime includes the place where the crime is committed and the place where the results of the crime occur. If a crime is committed against or using a computer network, the place of crime includes the location of the website server where the crime occurred, the place where the network is accessed, the location of the website builder and manager, the place where the computer information system and its manager were infringed, the location of the defendant, and the location of the victim. The location where the computer information system is used and where the victim’s property is damaged.
Article 3
The defendant’s domicile is his usual place of residence. If the place of habitual residence is inconsistent with the place of household registration, the place of habitual residence shall prevail. The habitual place of residence shall be the place where the defendant has lived continuously for more than one year before being charged, except in the case of hospitalization. The registered domicile of the defendant organization shall be its place of residence. If the main place of business or the location of the main office is inconsistent with the registered place of residence, the main place of business or the location of the main office shall be the defendant's place of residence.
Article 4 If a Chinese ship commits a crime outside the territory of the People's Republic of China, the People's Court at the location of the Chinese port where the ship initially berthed shall have jurisdiction.
Article 5 Crimes committed on board a Chinese aircraft outside the territory of the People's Republic of China shall be subject to the jurisdiction of the People's Court at the place where the aircraft first landed within the territory of China.
Article 6 Crimes committed on international trains shall be under the jurisdiction of the competent court determined by the agreement signed between China and the relevant country; in the absence of an agreement, the jurisdiction shall be under the jurisdiction of the railway transportation court where the train originates or the terminal is located.
Article 7 If a Chinese citizen commits a crime in an embassy or consulate stationed abroad, the jurisdiction shall be under the jurisdiction of the people's court where the criminal unit is located or where the criminal unit is originally domiciled.
Article 8 If a Chinese citizen commits a crime outside the territory of the People's Republic of China, the crime shall be under the jurisdiction of the People's Court of the place of entry or residence before departure; if the victim is a Chinese citizen, the jurisdiction shall be under the jurisdiction of the People's Court of the place of residence of the victim before departure.
Article 9 If a foreigner commits a crime against the State or citizens of the People's Republic of China outside the territory of the People's Republic of China and should be punished in accordance with the "Criminal Law of the People's Republic of China", the jurisdiction of the place where the foreigner enters and where he or she resides after entry shall be determined. The People's Court shall have jurisdiction over the place where the injured Chinese citizen resided before leaving the country.
Article 10 If the People's Court of the People's Republic of China exercises criminal jurisdiction over crimes stipulated in international treaties concluded by the People's Republic of China or a party to which the People's Republic of China is a party, within the scope of the treaty obligations assumed by the People's Republic of China, the People's Court of the People's Republic of China shall The people's court in the place where the defendant was arrested has jurisdiction.
Article 11
If a criminal who has been sentenced to fixed-term imprisonment has other crimes that have not yet been sentenced before the sentence is pronounced, the jurisdiction of the people's court of the original instance shall be jurisdiction; the place where the criminal is serving his sentence or the place where the crime was committed shall If it is more appropriate for the people's court to try the case, the case may be under the jurisdiction of the people's court where the criminal is serving his sentence or where the crime was committed. If a criminal commits another crime while serving his sentence, the people's court at the place where he is serving his sentence shall have jurisdiction. If a criminal commits a crime while on the run, the people's court at the place where he is serving his sentence shall have jurisdiction. However, if a criminal is captured at the place of crime and is found to have committed the crime while escaping, the case shall be under the jurisdiction of the People's Court of the place where the crime was committed.
Article 12: The People’s Procuratorate shall file a public prosecution with the Intermediate People’s Court for public prosecution cases that believe that life imprisonment or death penalty may be imposed. If the Intermediate People’s Court accepts the case and deems it unnecessary to impose life imprisonment or death penalty, it shall try it in accordance with the law. The case will no longer be transferred to the grassroots people's court for trial.
Article 13 If one person commits several crimes, rape, or other cases that need to be tried together, and one crime or one of several crimes falls under the jurisdiction of the people's court at the next higher level, the entire case shall be handled by the people's court at the next higher level. The People's Court at the highest level has jurisdiction.
Article 14: When a superior people's court decides that a first-instance criminal case shall be tried under the jurisdiction of a lower people's court, it shall issue a decision to change jurisdiction to the lower people's court and notify the people's procuratorate at the same level in writing.
Article 15: First-instance criminal cases that may be sentenced to life imprisonment or death in a basic people's court shall be transferred to an intermediate people's court.
The basic people's court may request that the following first-instance criminal cases be transferred to the intermediate people's court for trial:
(1) Major and complex cases;
(2) ) New types of difficult cases;
(3) Cases that have universal guiding significance in the application of law.
For cases that need to be transferred to the Intermediate People's Court for trial, a written application for transfer should be submitted to the president for a decision 15 days before the expiration of the time limit for trial. The Intermediate People's Court shall make a ruling within ten days after receiving the application. If the person disagrees with the transfer, a decision not to agree to the transfer should be made and submitted to the people's court where the case is transferred for trial. If the transfer is agreed, a decision agreeing to the transfer should be made and the People's Procuratorate at the same level should be notified in writing.
Article 16 If the people's court with jurisdiction over a case that requires the president to recuse himself or herself is not suitable to exercise jurisdiction, it may request that the case be transferred to the jurisdiction of the people's court at the next higher level. The people's court at the next higher level may have jurisdiction, or may designate another people's court at the same level as the people's court making the request to have jurisdiction.
Article 17: A case over which two or more people's courts at the same level have jurisdiction shall be tried by the people's court that initially accepted the case. If necessary, the case may be transferred to the people's court where the defendant mainly committed the crime for trial. Any dispute over jurisdiction shall be resolved through negotiation within the time limit for court hearings; if negotiation fails, the People's Court in dispute shall submit the matter to the People's Court at the same level or the next higher level for designation of jurisdiction.
Article 18 When necessary, the people's court at a higher level may designate a people's court at a lower level to transfer cases under its jurisdiction to other people's courts at a lower level for trial.
Article 19 The higher people's court with designated jurisdiction shall send the decision on designated jurisdiction to the people's court designated with jurisdiction and other relevant people's courts respectively.
Article 20
After the people's court that originally accepted the case receives a decision from the superior people's court to change jurisdiction, a decision to agree to transfer, or a decision from another people's court to designate jurisdiction, it shall For a case, the People's Procuratorate at the same level shall be notified in writing, the case file materials shall be returned, and the parties concerned shall be notified in writing; for private prosecution cases, the case file materials shall be transferred to the people's court with designated jurisdiction, and the parties concerned shall be notified in writing.
When a people's court accepts a private prosecution case, it shall transfer the case file materials to the people's court with designated jurisdiction and notify the parties in writing.
Article 21: If the People’s Court of Second Instance remands a case for retrial, and the People’s Procuratorate withdraws the prosecution and re-indicts it in the lower People’s Court of the original People’s Court of First Instance, the lower People’s Court shall report the relevant circumstances Report to the original People's Court of Second Instance. The original people's court of second instance may decide to transfer the case to the original people's court of first instance or other people's courts for trial based on the circumstances.
Article 22 The jurisdiction of the military and local governments over mutually implicated criminal cases shall be determined in accordance with relevant regulations.
Chapter 2 Recusal
Article 23 If a judge has any of the following circumstances, he shall recuse himself. The parties and their legal representatives have the right to apply for recusal:
(1) He is a party to the case or a close relative of a party;
(2) He or his close relative has an interest in the case;
(3) He has been involved in Acting as a witness, appraiser, or witness in this case; Having served as a witness, appraiser, defender, litigation agent, or translator in the case;
(4) Having close relatives with the defender or litigation agent in the case (5) Having other interests with the parties to the case, which may affect a fair trial.
Article 24 If a judge violates the provisions of these Regulations and falls under any of the following circumstances, the parties and their agents ad litem have the right to apply for his recusal:
(1) Violation of the regulations Meeting with the parties to the case and their defenders and agents ad litem;
(2) Recommending and introducing defenders and agents ad litem to the parties to the case, and introducing lawyers or other personnel to handle the case;
(3) Asking for or accepting property or other benefits from the parties to the case and their clients;
(4) Accepting banquets from the parties to the case and their clients, or attending events at the expense of the parties to the case and their clients Activities;
(5) Borrowing property from parties to the case and their clients;
(6) Other inappropriate behaviors that may affect a fair trial.
Article 25: Investigators and prosecutors who participate in case investigation, review and prosecution, and are transferred to the People's Court shall not serve as judges in the case.
If the members of the collegial panel or the sole judge participate in the trial of the case during the trial procedure, they shall not participate in the trial of other proceedings of the case. However, if a case that is remanded for retrial enters the second instance procedure or the death penalty review procedure after being ruled by the people's court of first instance, the members of the collegial panel in the original second instance procedure or death penalty review procedure are not subject to the restrictions of this paragraph.
Article 26 The people's court shall inform the parties and their legal representatives of their right to apply for recusal in accordance with the law, and inform the members of the collegial panel, the sole judge, and the names of the clerk.
Article 27 If a judge applies for recusal on his or her own initiative, or a party or its litigation agent applies for recusal of a judge, the application may be made orally or in writing and the reasons shall be explained, and the decision shall be made by the president. If the president of the court applies for recusal on his own initiative or the parties and their legal representatives apply for the recusal of the president, the decision shall be discussed and decided by the adjudication committee. During the discussion of the judicial committee, the deputy chief judge presides over the discussion, and the chief judge does not participate in the discussion.
Article 28 If the parties and their agents apply for recusal in accordance with Article 29 of the Criminal Procedure Law and Article 24 of this Interpretation, they shall provide supporting materials.
Article 29: If the judicial personnel who should be recused do not recuse themselves, and the parties and their litigation representatives do not apply for disqualification, the president or the judicial committee shall decide to recuse themselves.
Article 30
The People's Court may make a decision orally or in writing on an application for recusal made by a party and its agent ad litem, and notify the applicant. If the recusal application of the party and his legal representative is rejected, the party and his legal representative may apply for reconsideration once after receiving the recusal application. If an application for recusal does not fall under the circumstances specified in Articles 28 and 29 of the Criminal Procedure Law, the court shall reject it in court and shall not apply for reconsideration.
Article 31: If a party or his legal representative applies for the withdrawal of prosecutors who appear in court, the People's Court shall decide to postpone the trial and notify the People's Procuratorate.
Article 32 The term "judges" as mentioned in this chapter includes the president, vice-president, members of the judicial committee, division chief, deputy division chief, judges, assistant judges, and people's assessors of the People's Court.
Article 33: Clerks, translators, and appraisers shall be subject to the relevant provisions on the challenge of judicial personnel, and the issue of their challenge shall be decided by the president.
Article 34: Defenders and agents ad litem may request recusal and apply for reconsideration in accordance with the relevant provisions of this chapter.
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