What is the content of the 2022 Criminal Procedure Law Interpretation (Revised Draft)? With the development of society, criminal methods and tools have become diversified, making it increasingly difficult to identify and combat crimes. In response to this situation, the Criminal Procedure Law has also kept pace with the times and made some changes. So what is the content of the "Interpretation of the Criminal Procedure Law (Revised Draft)"? The next step is to sort out the knowledge about criminal procedure law for everyone to learn. What are the contents of the 2018 Criminal Procedure Law Interpretation (Revised Draft)? 1. Add an article as Article 15: "Criminal suspects and defendants who voluntarily and truthfully confess their crimes, have no objection to the alleged criminal facts, and are willing to accept punishment may be treated leniently in accordance with the law." 2. Tenth Article 8 is changed to Article 19, and the second paragraph is revised to read: “When the People’s Procuratorate exercises legal supervision over litigation activities, it is discovered that judicial personnel have used their powers to commit illegal detention, torture to extract confessions, illegal searches and other crimes that infringe on citizens’ rights and undermine judicial fairness. The People's Procuratorate may file a case for investigation. Other major criminal cases involving state agency staff that need to be handled directly by the People's Procuratorate may be filed for investigation upon the decision of the People's Procuratorate at or above the provincial level. Article 32 is changed to Article 33, and a paragraph is added as the third paragraph: "Persons who have been dismissed from public office or have their practicing certificates of lawyers or notaries revoked shall not serve as defenders, except for the guardians of criminal suspects and defendants. or close relatives. "4. Add one article as Article 36: "Legal aid agencies may send lawyers on duty in people's courts, people's procuratorates, and detention centers. Legal aid agencies do not appoint defenders. If a lawyer defends him, the duty lawyer shall provide legal consultation and procedural selection suggestions, represent him in appeals and accusations, apply for changes in compulsory measures, and provide case handling opinions. "The people's court, people's procuratorate, and detention center should inform criminal suspects and defendants of their right to meet with them. Duty lawyers and provide convenience for criminal suspects and defendants to meet with duty lawyers. 5. Article 37 is changed to Article 39, and the third paragraph is modified to read: "In cases of crimes endangering national security or terrorist activities, when defense lawyers meet with criminal suspects in custody during the investigation, they shall be informed by the investigation agency license. In the above circumstances, the investigation agency shall notify the detention center in advance. 6. Article 73 is changed to Article 75, and the first paragraph is modified to read: "Residential surveillance shall be carried out at the residence of the criminal suspect or defendant; if there is no fixed residence, it may be carried out at a designated residence." For crimes suspected of endangering national security or terrorist activities, if execution at the residence may hinder the investigation, the execution may also be carried out at the designated residence with the approval of the public security organ at the next higher level. However, it shall not be carried out in places of detention or special case handling places. "7. Article 79 is changed to Article 81, and a paragraph is added as the second paragraph: "When approving or deciding to arrest, the nature, circumstances, confession and repentance of the criminal suspect or defendant, and the circumstances of the crime shall be reported. The impact on the community in which one lives is considered as a factor in considering whether a social hazard may occur. Criminal suspects and defendants who are not dangerous to society can be released on bail pending trial or placed under residential surveillance. ”8. Article 106 is changed to Article 108, and the first paragraph is revised to read: “(1) “Investigation” refers to the collection of evidence and investigation conducted by the public security organs, the People’s Procuratorate and other agencies in criminal cases in accordance with the law. The work of ascertaining the facts of the case and relevant compulsory measures." 9. Article 118 is changed to Article 120, and the second paragraph is revised to read: "Investigators interrogating a criminal suspect shall inform the criminal suspect of his rights. Litigation rights, truthfully stating the legal provisions that may provide leniency for the crime and the possible legal consequences of pleading guilty. "10. Article 148 is changed to Article 1, and the second paragraph is modified to read: "After the People's Procuratorate files a case, according to the needs of investigating the crime and after strict approval procedures, it can take technical investigation measures and transfer the relevant cases to the relevant authorities in accordance with regulations. Agency execution. "11. Article 160 is changed to Article 162, and one paragraph is added as the second paragraph: "If the criminal suspect voluntarily pleads guilty, it shall be recorded in the case, transferred with the case, and written in the prosecution opinion. Explain the relevant situation. "12. Add one article as Article 170: "The People's Procuratorate shall, in accordance with the relevant provisions of this Law and the Supervision Law, review cases transferred for prosecution by the supervisory authorities. If the People's Procuratorate deems that supplementary verification is needed after review, it shall return it to the supervisory authority for supplementary investigation, and may conduct supplementary investigation on its own if necessary. "For cases where the supervisory authority takes detention measures, the People's Procuratorate should first detain the criminal suspect, and the detention measures will be automatically lifted.
The People's Procuratorate shall make a decision on whether to arrest, release on bail pending trial, or place a person under residential surveillance within ten days of detention. In exceptional circumstances, the decision time may be extended by one to four days. " 13. Article 169 is changed to Article 172, and the first paragraph is revised to read: "The People's Procuratorate shall make a decision within one month on cases transferred for prosecution by the supervisory authority or the public security organ. Complex cases can be extended for half a month; if the criminal suspect pleads guilty and meets the conditions for summary procedures, a decision should be made within ten days. If the suspect may be sentenced to fixed-term imprisonment of more than one year, it can be extended to 15 days. " 14. Article 170 is changed to Article 173, and revised to read: "When the People's Procuratorate examines a case, it shall interrogate the criminal suspect, inform him of his procedural rights and the possible legal consequences of pleading guilty, and hear the criminal suspect. The opinions of suspects, defenders, victims and their agents ad litem on the following matters shall be recorded in the record: "(1) The alleged criminal facts, charges and applicable legal provisions;" (2) Mitigation, reduction or exemption from punishment, etc. Suggestions on lenient punishment; "(3) Procedures applicable to case trials after guilty pleas and acceptance of punishment;" (4) Other situations where opinions need to be heard. “When the People’s Procuratorate hears the opinions of the duty lawyer in accordance with the provisions of the preceding paragraph, it shall provide necessary facilities for the duty lawyer to understand the relevant circumstances of the case in advance.” Written opinions submitted by criminal suspects, defenders, victims and their litigation representatives shall be attached to the file. " 15. Add an article as Article 174: "If a criminal suspect voluntarily pleads guilty and agrees to the application of sentencing recommendations and procedures, he shall sign a confession of guilt and repentance in the presence of a defender. “A criminal suspect does not need to sign a confession and leniency statement under any of the following circumstances: “(1) The criminal suspect is blind, deaf, mute, or a mental patient who has not completely lost the ability to recognize or control his own behavior;” ( 2) The legal representative or defender of a minor criminal suspect has objections to the minor’s confession and punishment; (3) Other inapplicable situations. " 16. Article 172 is changed to Article 176, and a paragraph is added as the second paragraph: "The People's Procuratorate may make sentencing recommendations on the main punishment, additional punishments, and punishment execution methods in the indictment. If a criminal suspect pleads guilty and accepts punishment, this shall be stated in the indictment, and a confession of guilt and repentance and other materials shall be submitted with the case. " 17. An article is added to Chapter 3 of Part Two as Article 182: "If a criminal suspect voluntarily and truthfully confesses the alleged criminal facts, has performed a major meritorious service, or the case involves major national interests, the Supreme People's Procuratorate shall With approval, the People's Procuratorate may decide not to prosecute or prosecute one or more suspected crimes, and the public security organ may withdraw the case. If the case is not prosecuted or the case is not dismissed in accordance with the provisions of the preceding paragraph, the People's Procuratorate and the public security organs shall handle the sealed, detained, frozen property and its accrued interests. 18. Article 178 is changed to Article 183 , revised to: “The trial of first-instance cases by the basic people’s courts and intermediate people’s courts shall be conducted by three judges or a collegial panel composed of three judges or seven people’s assessors. However, the basic people’s courts shall apply summary procedures or expedited adjudication. Cases involving procedures may be heard by one judge alone. "When hearing a case of first instance, the Higher People's Court shall consist of a collegial panel composed of three to seven judges or a collegial panel composed of three to seven judges and people's assessors. "The Supreme People's Court shall try first-instance cases by a collegial panel composed of three to seven judges." When the People's Court hears appeals and protest cases, it shall be composed of a collegial panel composed of three to five judges. "The number of members of the collegial panel shall be an odd number." The collegial panel shall be presided over by the president or a judge designated by the president of the division. When the chief judge or chief judge participates in the trial of a case, he or she serves as the presiding judge. " 19. Article 185 is changed to Article 190, and a paragraph is added as the second paragraph: "If the defendant pleads guilty and accepts punishment, the presiding judge shall inform the defendant of the litigation rights he enjoys and the consequences that may arise from his confession and acceptance of punishment. Legal consequences, and review the voluntariness of his confession and acceptance of punishment and the authenticity and legality of the content of his admission of guilt and punishment. " 20. Add one article as Article 201: "When the People's Court makes a judgment in accordance with the law, the crimes and sentencing recommendations charged by the People's Procuratorate should generally be adopted, except in the following circumstances: "(1) The defendant does not commit a crime Or should not be held criminally responsible;" (2) The defendant pleads guilty against his will; "(3) The defendant denies the alleged criminal facts;" (4) The charges charged in the prosecution are inconsistent with the charges found in the trial "(5) The sentencing recommendation is obviously inappropriate;" (6) Other circumstances that may affect a fair trial.
"During the trial, the People's Procuratorate may make suggestions for adjusting the sentencing. If the People's Court considers that the sentencing suggestion is obviously inappropriate or the defendant or defender raises objections to the sentencing suggestion, the judgment shall be made in accordance with the law." 21. Add a section to Chapter 2 of Part Three. As Section 4: "Summary Procedure" Article 222, if a case under the jurisdiction of a basic people's court that may be sentenced to fixed-term imprisonment of not more than three years, the facts of the case are clear, the evidence is reliable and sufficient, and the defendant pleads guilty and agrees to apply for summary procedure, A simplified procedure may be applied and the case shall be adjudicated by one judge alone. When the People's Procuratorate initiates a public prosecution, it may recommend that the People's Court apply the expedited procedure. Article 223 If any of the following circumstances exist, the summary procedure shall not be applied: "(1) The defendant is blind, deaf, mute or has not completely lost his recognition. or a mental patient who controls his/her behavioral abilities; (2) Having a significant social impact; (3)* * * Some defendants in the same criminal case have objections to the alleged facts, charges, and sentencing recommendations; (4) Defendants The victim and the victim or his legal representative have not reached a mediation or settlement agreement on matters such as incidental civil litigation compensation; "(5) Other situations where expedited arbitration procedures are not suitable. "Article 224 applies the expedited procedure to hear cases, and is not subject to the service time limit specified in Section 1 of this Chapter. No court investigation or court debate will be conducted, but the defendant's final statement shall be heard before the verdict is pronounced." Applicable Cases heard under expedited procedures shall be announced in court. "Article 225: For cases subject to expedited procedures, the People's Court shall conclude the case within ten days after acceptance. If the possible prison sentence exceeds one year, it may be extended to fifteen days. Article 226 If during the trial, the people's court finds that the defendant pleads guilty against his will, denies the alleged criminal facts, or has other circumstances that are not suitable for a speedy trial, he shall be tried again in accordance with the provisions of Section 1 of this Chapter22 .Article 250 is changed to Article 261, and the second paragraph is modified to read: "Criminals who are sentenced to death with a two-year suspension of execution and do not commit any intentional crime during the period of suspension of execution of the death penalty shall have their sentences commuted upon expiration of the suspension of execution." If the crime is intentional and the circumstances are egregious, and if it is verified that the death penalty should be executed, the Higher People's Court shall submit it to the Supreme People's Court for approval; if the death penalty is not executed for an intentional crime, the death penalty shall be suspended for a period of time Recalculate and report to the Supreme People's Court for record. "Article 260 is changed to Article 271, and revised to read: "If a criminal who is sentenced to a fine fails to pay it upon expiration, it shall be enforced by the people's court; if the fine is paid due to force majeure disasters and other reasons, the fine shall not be paid. If it is difficult, the people's court may postpone, reduce or exempt the payment as appropriate. "24. A chapter is added to Part Five as Chapter Three: "Absentee Trial Procedures" Article 291 The criminal suspect or defendant absconds abroad, the supervisory authority transfers the case for prosecution, and the People's Procuratorate believes that the criminal facts have been ascertained and the evidence If it is true and sufficient and criminal liability should be investigated in accordance with the law, a public prosecution may be filed in the People's Court. After review, the People's Court shall decide to hold a trial in the place where the crime was committed or the defendant's residence. Intermediate People's Court. "Article 292 The People's Court shall serve the summons and a copy of the People's Procuratorate's indictment on the defendant through the judicial assistance methods stipulated in relevant international treaties or other methods permitted by the law of the place where the recipient is located. The defendant shall receive the summons If the case is not filed as required after receiving a copy of the indictment, the People's Court shall hold a hearing, make a judgment in accordance with the law, and dispose of the illegal gains and other property involved in the case. "Article 293: The defendant has the right to hear a case in absentia in the People's Court. If a defender is appointed, the defendant's close relatives may also appoint a defender. If the defendant and his close relatives have not appointed a defender, the people's court shall notify the legal aid agency to designate a lawyer to defend him. "Article 294 The people's court shall serve the judgment on the defendant and his close relatives and defender. If the defendant or his close relatives are dissatisfied, he has the right to appeal to the higher people's court. The defender shall appeal to the defendant or his close relatives after If you agree, you can appeal. Article 295 If the defendant voluntarily surrenders or is arrested during the trial, the People's Court shall retry the judgment. After the ruling becomes legally effective, the People's Court shall hand over the criminal to justice. Execution. Before executing a penalty, the people's court shall inform the criminal that he has the right to object to the judgment or ruling. If the criminal has any objection to the judgment or ruling, the people's court shall conduct a retrial. "If the criminal's property is indeed in error according to the effective judgment or ruling. be returned and compensated.
"Article 296: If the trial is suspended for more than six months because the defendant is suffering from a serious illness and is unable to appear in court, and the defendant and his legal representative apply for or agree to continue the trial, the people's court may try the case in absentia and make a judgment in accordance with the law." Article 297: If the defendant dies, the People's Court shall rule to terminate the trial; however, if there is evidence to prove the defendant's innocence and the People's Court confirms the defendant's innocence through a trial in absentia, the People's Court shall make a ruling in accordance with the law. "If the defendant dies in a case retried by the People's Court in accordance with the trial supervision procedures, the People's Court may try it in absentia and make a judgment in accordance with the law." Through the above introduction, do you know anything about the "Interpretation of the Criminal Procedure Law (Revised Draft)"? The revision of the Criminal Procedure Law is more conducive to the hearing and appeal of criminal cases, and it also helps the public security organs to crack down on illegal and criminal activities, and also plays a restraining role in behavior that hovers on the edge of illegal and criminal activities.