Order No.6 of Chairman the NPC Standing Committee was issued.
Release date: 1979-07-07
Effective date:1980-01-01
Expiration date-
Category national laws and regulations
Source of the document-
Criminal Procedure Law of the People's Republic of China
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979)
1July 7, 979, Decree No.6 of the NPC Standing Committee was promulgated.
1980 1 month 1 day)
catalogue
Part I General Provisions
Chapter I Guiding Ideology, Tasks and Basic Principles
Chapter II Jurisdiction
Chapter III Avoidance
Chapter iv defense
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 Interrogation of the Defendant
Section 2 Questioning witnesses
Section III Inspection and Inspection
The fourth quarter search
Section 5 Seizure of Physical Evidence and Documentary Evidence
Section 6 Identification
Section 7 Wanted
Section 8 Termination of Investigation
Chapter III Prosecution
Part II 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
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 I General Provisions
Chapter I Guiding Ideology, Tasks and Basic Principles
Article 1 The Criminal Procedure Law of People's Republic of China (PRC) is guided by Marxism–Leninism and Mao Zedong Thought, based on the Constitution, and combined with the specific experience of the people of all ethnic groups in China in implementing the people's democratic dictatorship led by the proletariat and based on the alliance of workers and peasants, that is, the dictatorship of the proletariat, and the actual needs of fighting the enemy and protecting the people.
Article 2 The task of People's Republic of China (PRC) Criminal Procedure Law is to ensure accurate and timely identification of criminal facts, correct application of the law, punishment of criminals, protection of innocent people from criminal investigation, education of citizens to consciously abide by the law, and active struggle against criminal acts, so as to safeguard the socialist legal system, protect citizens' personal rights, democratic rights and other rights, and ensure the smooth progress of socialist revolution and socialist construction.
Article 3 The public security organs shall be responsible for the investigation, detention and preliminary examination of criminal cases. The people's procuratorate is responsible for approving arrest, prosecution (including investigation) and public prosecution. The people's court is responsible for the trial. 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 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 5 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 6 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 7 The people's courts practice the system of final adjudication by two trials.
Article 8 The people's courts shall hear cases in public, except as otherwise provided by 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 9 In handling cases, the people's courts shall implement the people's jury system in accordance with this Law.
Article 10 People's courts, people's procuratorates and public security organs shall guarantee the litigation rights enjoyed by participants in litigation according to law.
In the case of a crime committed by a minor under the age of 18, the legal representative of the defendant may be notified to be present during interrogation and trial.
Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.
Eleventh any of the following circumstances, shall not be investigated for criminal responsibility, has been investigated, the case shall be dismissed, or not to prosecute, or 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 defendant died;
(six) other laws and decrees shall be exempted from criminal responsibility.
Article 12 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.
Chapter II Governance
Article 13 The people's court shall directly accept cases that are handled only after being informed and other minor criminal cases that do not require investigation, and may conduct mediation.
Corruption, infringement of citizens' democratic rights, dereliction of duty and other cases that the people's procuratorates think need to be directly accepted by themselves shall be investigated by the people's procuratorates and whether to initiate public prosecution shall be decided.
The investigation of cases other than those specified in the first and second paragraphs shall be conducted by public security organs.
Article 14 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 15 The Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance:
(1) Counter-revolutionary cases;
(2) Ordinary criminal cases sentenced to life imprisonment or death penalty;
(3) Criminal cases in which foreigners commit crimes or China citizens infringe upon the lawful rights of foreigners.
Article 16 Criminal cases of first instance under the jurisdiction of the Higher People's Court are major criminal cases in the whole province (municipality directly under the Central Government and autonomous region).
Article 17 Criminal cases of first instance under the jurisdiction of the Supreme People's Court are major national criminal cases.
Article 18 When necessary, a people's court at a higher level may try a case of first instance under the jurisdiction of a people's court at a lower level.
In criminal cases, you can also transfer criminal cases of first instance under your jurisdiction to lower people's courts for trial; 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 19 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 20 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 21 A people's court at a higher level may designate a people's court at a lower level to try a case with unclear jurisdiction, or it may designate a people's court at a lower level to transfer the case to another people's court for trial.
Article 22 The jurisdiction of special people's courts shall be stipulated separately.
Chapter III Retreat
Twenty-third judges, prosecutors and investigators should recuse themselves in any of the following circumstances, and the parties and their legal representatives also have the right to ask them to recuse themselves:
(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 of a party to an incidental civil action in this case;
(4) Having other relations with the parties to the case, which may affect the fair handling of the case.
Article 24 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.
A party may apply for reconsideration of the decision to reject the application for withdrawal.
Article 25 The provisions of Articles 23 and 24 of this Law shall also apply to clerks, translators and expert witnesses.
Chapter iv defense
Article 26 In addition to exercising the right of defense, the defendant may entrust the following persons to defend himself:
(1) lawyers;
(2) A citizen recommended by a people's organization or the unit to which the defendant belongs, or recognized by the people's court;
(3) a close relative or guardian of the defendant.
Article 27 In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender, the people's court may appoint a defender for him.
If the defendant is a deaf-mute or a minor and has not entrusted a defender, the people's court shall appoint a defender for him.
Article 28 The responsibility of a defender is to present materials and opinions to prove the defendant's innocence, light crime or reduce or exempt his criminal responsibility according to facts and laws, and to safeguard the defendant's legitimate rights and interests.
Article 29 A defense lawyer may consult the case materials, understand the case, and meet and correspond with the defendant in custody. Other defenders, with the permission of the people's court, may also know the case and meet and correspond with the defendant in custody.
Article 30 During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him.
Chapter V Evidence
Article 31 All facts that prove the true situation of a case are evidence. There are six kinds of evidence:
(1) Physical evidence and documentary evidence;
(2) Testimony of witnesses;
(3) the victim's statement;
(4) confessions and excuses of the defendant;
(5) Evaluation conclusion;
(6) Records of the inquest and inspection.
The above evidence must be verified before it can be used as the basis for finalizing the case.
Article 32 Judges, prosecutors and investigators must collect all kinds of evidence that can prove the defendant's guilt or innocence and the seriousness of the crime in accordance with legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods. We must ensure that all citizens who are related to or know the case, except in special circumstances, have the conditions to provide evidence objectively and fully, and can recruit them to assist in the investigation.
Article 33 When a public security organ approves an arrest, a people's procuratorate brings a suit and a people's court makes a judgment, it must be faithful to the facts. Anyone who intentionally conceals the truth shall be investigated for responsibility.
Article 34 People's courts, people's procuratorates and public security organs have the right to collect and obtain evidence from relevant state organs, enterprises and institutions, people's communes, people's organizations and citizens.
Evidence involving state secrets shall be kept confidential.
Whoever forges, conceals or destroys evidence, and whoever the evidence belongs to, will be investigated by law.
Article 35 In sentencing all cases, emphasis should be placed on evidence, investigation and study, and confessions should not be trusted. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is sufficient and reliable, the defendant may be found guilty and punished.
Article 36 The testimony of a witness must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the testimony of all witnesses can be used as the basis for deciding a case. If the court finds that a witness intentionally perjures or conceals criminal evidence, it shall deal with it according to law.
Article 37 Anyone who knows the circumstances of a case has the obligation to testify.
A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Chapter VI Compulsory Measures
Article 38 The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, detain the defendant, obtain a guarantor pending trial or place him under residential surveillance.
The defendant whose residence is under surveillance shall not leave the designated area. Residential surveillance shall be carried out by the local police station, or by the entrusted people's commune or the defendant's unit.
If the defendant is released on bail pending trial or under residential surveillance, and the situation changes, it shall be revoked or changed.
Article 39 The arrest of a criminal must be approved by a people's procuratorate or decided by a people's court, and executed by a public security organ.
Article 40 If the main criminal facts have been ascertained, and measures such as obtaining a guarantor pending trial and residential surveillance are not enough to prevent social danger to criminals who may be sentenced to fixed-term imprisonment or above, they may be arrested immediately according to law.
If the person to be arrested is seriously ill, or a pregnant woman who is breastfeeding her baby, she can be released on bail pending trial or under residential surveillance.
Article 41 The public security organ may detain a criminal flagrante delicto or a major suspect who should be arrested first under any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) unknown identity and suspected of committing a major crime;
(seven) the ongoing "beating, smashing and looting" and serious damage to work, production and social order.
Article 42 Any citizen may immediately hand over the following criminals to a public security organ, a people's procuratorate or a people's court for handling:
(1) A crime is being committed or is discovered immediately after the crime;
(2) Being wanted;
(3) Escaping from prison;
(4) being pursued.
Article 43 When a public security organ detains a person, it must produce a detention permit.
After detention, the family members of the detainee or their units shall be informed of the reasons and places of detention within 24 hours, except in cases where the investigation is hindered or notification cannot be made.
Article 44 The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued. Those who need to be arrested but have insufficient evidence may be released on bail pending trial or under residential surveillance.
Article 45 When a public security organ requests the arrest of a criminal, it shall write a letter of approval of the arrest, together with case files and evidence, and transfer it to the people's procuratorate at the same level for examination and approval. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
Article 46 Whether to examine and approve an arrest shall be decided by the people's procuratorate. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 47 After examining the cases submitted by the public security organs for approval of arrest, the people's procuratorates shall make decisions on approval of arrest, disapproval of arrest or supplementary investigation according to the circumstances.
Article 48 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days. After receiving the approval letter from the public security organ, the people's procuratorate shall make a decision on whether to approve or disapprove the arrest within three days. If the people's procuratorate does not approve the arrest, the public security organ shall release it immediately after receiving the notice and issue a release certificate.
If the public security organ or the people's procuratorate fails to comply with the provisions of the preceding paragraph, the detained person or his family has the right to demand release, and the public security organ or the people's procuratorate shall release him immediately.
Article 49 If the public security organ thinks that the people's procuratorate's decision not to approve the arrest is wrong, it may request reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may be submitted to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review and make a decision on whether to change it, and notify the people's procuratorate at a lower level and the public security organ to implement it.
Article 50 When arresting a person, the public security organ must produce an arrest warrant.
After the arrest, the family members of the arrested person or his unit shall be informed of the reasons for the arrest and the place of detention within 24 hours, except in cases where the investigation is hindered or the notice cannot be given.
Article 51 People's courts and people's procuratorates must interrogate people who decide to arrest themselves, and public security organs must interrogate people who are arrested with the approval of people's procuratorates within 24 hours after arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued.
Article 52 If the people's procuratorate finds that the investigation activities of the public security organ are illegal during the examination and approval of the arrest, it shall notify the public security organ to make corrections, and the public security organ shall notify the people's procuratorate of the corrections.
Chapter VII Incidental Civil Action
Article 53 If the victim suffers material losses due to the criminal act of the defendant, he has the right to bring an incidental civil action in the course of criminal proceedings.
If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.
When necessary, the people's court may seal up or detain the defendant's property.
Article 54 An incidental civil action shall be tried together with a criminal case. Only in order to prevent excessive delay in the trial of criminal cases, after the trial of criminal cases, incidental civil actions can be tried by the same trial organization.