Source: China People's Congress Network
(1 July, 9791the second session of the fifth national people's congress was adopted. The first amendment to the Decision on Amending the Criminal Procedure Law of People's Republic of China (PRC) was made according to the fourth session of the eighth national people's congress1March, 996 17.
catalogue
Part I General Provisions
Chapter I Tasks and Basic Principles
Chapter II Governance
Chapter III Retreat
Chapter IV Defense and Agency
Chapter V Evidence
Chapter VI Compulsory Measures
Chapter VII Incidental Civil Action
Chapter VIII Duration and Delivery
Chapter IX Other Provisions
Part II Filing, Investigation and Prosecution
Chapter I Filing a Case
Chapter II Investigation
Section 1 General Provisions
Section 2 Interrogation of Criminal Suspects
Section 3 Questioning witnesses
Section 4 Inspection and Inspection
Section 5 Search
Section 6 Seizure of Physical Evidence and Documentary Evidence
Section 7 Identification
Section 8 Technical Investigation Measures
Section 9 General Arrest
Section 10 Termination of Investigation
Section 11 Investigation of Cases Directly Accepted by the People's Procuratorate
Chapter III Prosecution
Part III Trials and Judgments
Chapter I Trial Organization
Chapter II Procedure of First Instance
Section 1 Cases of Public Prosecution
Section 2 Cases of Private Prosecution
Section 3 Summary Procedure
Section 4 Fast Cutting Procedure
Chapter III Procedure of Second Instance
Chapter IV Review Procedure of Death Penalty
Chapter V Procedure of Trial Supervision
The fourth part of the implementation route
Part V Special Procedures
Chapter I Litigation of Juvenile Criminal Cases
Chapter II Proceedings of the Parties in Reconciliation of Public Prosecution Cases
Chapter III Trial by Default Procedure
Chapter IV Procedures for Confiscating the Illegal Income of Criminal Suspects and Defendants in Death Cases Caused by Escaping
Chapter v compulsory medical procedures for mental patients who are not criminally responsible according to law
Supplementary rules
Part I General Provisions
Chapter I Tasks and Basic Principles
Article 1 This Law is formulated in accordance with the Constitution in order to ensure the correct implementation of the Criminal Law, punish crimes, protect the people, safeguard national security and social security, and safeguard the socialist social order.
Article 2 The tasks of People's Republic of China (PRC) Criminal Procedure Law are to accurately and timely ascertain the facts of crimes, correctly apply the law, punish criminals, protect innocent people from criminal investigation, educate citizens to consciously abide by the law, actively fight against criminal acts, safeguard the socialist legal system, respect and protect human rights, protect citizens' personal rights, property rights, democratic rights and other rights, and ensure the smooth progress of socialist construction.
Article 3 The public security organs shall be responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
Article 4 State security organs shall handle criminal cases endangering State security according to law and exercise the same functions and powers as public security organs.
Article 5 The people's courts exercise judicial power independently according to law, and the people's procuratorates exercise procuratorial power independently according to law, without interference from administrative organs, social organizations and individuals.
Article 6 In criminal proceedings, the people's courts, people's procuratorates and public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law.
Article 7 In criminal proceedings, the people's courts, people's procuratorates and public security organs shall be responsible for the division of labor, cooperate with each other and check each other to ensure the accurate and effective enforcement of laws.
Article 8 The People's Procuratorate shall exercise legal supervision over criminal proceedings according to law.
Article 9 Citizens of all ethnic groups have the right to use their own spoken and written languages in litigation. The people's courts, people's procuratorates and public security organs shall translate for the participants in the proceedings who are not familiar with the local spoken and written languages.
In areas where ethnic minorities live in compact communities or where many ethnic groups live together, trials shall be conducted in the local common language, and judgments, notices and other documents shall be issued in the local common language.
Article 10 In handling cases, the people's courts shall adopt the system of second instance and final adjudication.
Article 11 The people's courts shall hear cases in public, except as otherwise provided in this Law. The defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended.
Article 12 No one shall be found guilty without a judgment of the people's court according to law.
Article 13 In handling cases, the people's courts shall implement the people's jury system in accordance with this Law.
Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law.
Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.
Fifteenth criminal suspects and defendants voluntarily truthfully confess their crimes, admit the facts of the alleged crimes, and are willing to accept punishment, which can be given a lighter punishment according to law.
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
Article 17 If a foreigner commits a crime and should be investigated for criminal responsibility, the provisions of this Law shall apply.
If a foreigner who enjoys diplomatic privileges and immunities commits a crime and should be investigated for criminal responsibility, it shall be resolved through diplomatic channels.
Article 18 According to the international treaties concluded or acceded to by People's Republic of China (PRC), or on the principle of reciprocity, China judicial organs and foreign judicial organs may request mutual criminal judicial assistance.
Chapter II Governance
Article 19 Criminal cases shall be investigated by public security organs, except as otherwise provided by law.
Crimes such as illegal detention, extorting confessions by torture, and illegal search. The people's procuratorate may file a case for investigation of illegal acts found by judicial personnel in the process of legal supervision of litigation activities. If a major criminal case of a functionary of a state organ under the jurisdiction of a public security organ needs to be directly accepted by a people's procuratorate, it may be placed on file for investigation upon the decision of a people's procuratorate at or above the provincial level.
Cases of private prosecution are directly accepted by the people's courts.
Article 20 The basic people's courts shall have jurisdiction over ordinary criminal cases of first instance, except those under the jurisdiction of the people's courts at higher levels according to this Law.
Article 21 The Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance:
(1) Cases endangering national security and terrorist activities;
(2) Cases that may be sentenced to life imprisonment or death penalty.
Article 22 Criminal cases of first instance under the jurisdiction of the Higher People's Court are major criminal cases in the whole province (autonomous regions and municipalities directly under the Central Government).
Article 23 Criminal cases of first instance under the jurisdiction of the Supreme People's Court are major national criminal cases.
Article 24 When necessary, the people's court at a higher level may try criminal cases of first instance under the jurisdiction of the people's court at a lower level. A criminal case of first instance that the people's court at a lower level considers that the case is serious and complicated and needs to be tried by the people's court at a higher level may request to be transferred to the people's court at a higher level for trial.
Article 25 A criminal case shall be under the jurisdiction of the people's court of the place where the crime was committed. If it is more appropriate to have the case tried by the people's court of the defendant's domicile, it may also be under the jurisdiction of the people's court of the defendant's domicile.
Article 26 A case over which several people's courts at the same level have jurisdiction shall be tried by the people's court that accepted it first. When necessary, it may be transferred to the people's court of the place where the main crime is committed for trial.
Article 27 A people's court at a higher level may designate a people's court at a lower level to try a case whose jurisdiction is unclear, or it may designate a people's court at a lower level to transfer the case to another people's court for trial.
Article 28 The jurisdiction of special people's courts shall be stipulated separately.
Chapter III Retreat
Article 29 A judge, prosecutor or investigator shall recuse himself under any of the following circumstances, and the parties and their legal representatives also have the right to ask him to recuse himself:
(1) Being a party to the case or a close relative of the party;
(2) He or his close relatives have an interest in the case;
(3) Having served as a witness, expert witness, defender or agent ad litem in this case;
(4) Having other relations with the parties to the case, which may affect the fair handling of the case.
Article 30 Judges, prosecutors and investigators shall not accept guests and gifts from the parties and their clients, and shall not meet the parties and their clients in violation of regulations.
Judges, prosecutors and investigators who violate the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. The parties and their legal representatives have the right to ask them to withdraw.
Article 31 The withdrawal of judges, prosecutors and investigators shall be decided by the president, the procurator-general and the person in charge of the public security organ respectively. The withdrawal of the president is decided by the judicial Committee of our hospital; The withdrawal of the procurator-general and the person in charge of the public security organ shall be decided by the procuratorial committee of the people's procuratorate at the same level.
Investigators can't stop investigating the case before making a decision to withdraw the case.
The parties and their legal representatives may apply for reconsideration of the decision to reject the application for withdrawal.
Article 32 The provisions on withdrawal in this chapter shall apply to clerks, translators and expert witnesses.
Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this chapter.
Chapter IV Defense and Agency
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Article 34 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Article 35 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Thirty-sixth legal aid institutions can send lawyers on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases.
The people's courts, people's procuratorates and detention centers shall inform the criminal suspects and defendants that they have the right to meet the lawyers on duty, and provide convenience for the criminal suspects and defendants to meet the lawyers on duty.
Article 37 The duty of a defender is to present materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 38 A defense lawyer may provide legal aid to a criminal suspect during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Article 40 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Article 41 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted have the right to apply to the people's procuratorates and people's courts for retrieval.
The full text is as follows: People's Republic of China (PRC) Criminal Procedure Law _ China People's Congress Network (npc.gov.cn)