catalogue
Chapter I Tasks and Basic Principles
Chapter II Jurisdiction
Chapter III Avoidance
Chapter IV Lawyers' Participation in Criminal Proceedings
Chapter V Evidence
Chapter VI Compulsory Measures
Section 1 Arrest Summons
Section 2 Bail pending trial
Section 3 residential surveillance
Section 4 Detention
Section 5 Arrest
Section 6 Detention
Section 7 Other Provisions
Chapter VII Filing a Case and Withdrawing a Case
Section 1 Acceptance of Cases
Section 2 filing a case
Section 3 Withdrawal of Prosecution
Chapter VIII Investigation
Section 1 General Provisions
Section 2 Interrogation of Criminal Suspects
Section 3 Questioning Witnesses and Victims
Section 4 Inspection and Inspection
Section 5 Search
Section 6 Seizure and Detention
Section 7 Query and Freeze
Section 8 Identification
Section 9 Identification
Section 10 Technical Investigation
Wanted in section 1 1
Section 12 Termination of Investigation
Section 13 Supplementary Investigation
Chapter IX Execution of Penalty
Section 1 Transfer of Criminals
Section 2 Commutation, Parole and Temporary Execution outside Prison
Section 3 Deprivation of Political Rights
Section IV Handling of Criminals who Commit Crimes Again
Chapter X Special Procedures
Section 1 Litigation of Juvenile Criminal Cases
Section 2 Litigation Procedure of Public Prosecution Cases with Parties Reconciliation
Section 3 Procedure for Confiscating Illegal Income in Cases of Criminal Suspect's Escape and Death
Section 4 Compulsory medical procedures for mental patients who are not criminally responsible according to law
Chapter III XI Cooperation in Handling Cases
Chapter XII Handling of Criminal Cases by Foreigners
Chapter XIII Criminal Judicial Assistance and Police Cooperation
Chapter XIV Supplementary Provisions
Chapter I Tasks and Basic Principles
Article 1 These Provisions are formulated in order to ensure the implementation of the Criminal Procedure Law of People's Republic of China (PRC), ensure the public security organs to correctly exercise their functions and powers in criminal proceedings, standardize the procedures for handling cases, ensure the quality of handling cases and improve the efficiency of handling cases.
Article 2 The tasks of public security organs in criminal proceedings 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 promote the smooth progress of socialist construction.
Article 3 The basic functions and powers of public security organs in criminal proceedings are to file, investigate and pre-examine criminal cases according to law; Decide and implement compulsory measures; Failing to pursue criminal responsibility according to law and not filing a case, or having filed a case and revoked it; The case that should be prosecuted after the investigation is completed shall be transferred to the people's procuratorate for examination and decision; If a criminal suspect who is not serious enough for criminal punishment needs administrative treatment, he shall be dealt with according to law or transferred to relevant departments for handling; For criminals sentenced to fixed-term imprisonment, if the remaining sentence is less than three months before delivery for execution, they will execute the punishment on their behalf; Execution of criminal detention, deprivation of political rights and deportation.
Article 4 In criminal proceedings, 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 public security organs, the people's courts and the people's procuratorates shall be responsible for the division of labor, cooperate with and restrict each other, and ensure the accurate and effective enforcement of laws.
Article 6 The criminal proceedings of public security organs shall be subject to the legal supervision of the People's Procuratorate according to law.
Article 7 When conducting criminal proceedings, public security organs shall establish, improve and strictly implement internal law enforcement supervision systems such as the responsibility system for handling cases and the accountability system for law enforcement faults.
In criminal proceedings, when a public security organ at a higher level finds that a decision made or a case handled by a public security organ at a lower level is wrong, it has the right to revoke or change it, or it may instruct a public security organ at a lower level to correct it.
The public security organ at a lower level must implement the decision of the public security organ at a higher level, and if it thinks there is an error, it can report it to the public security organ at a higher level while implementing it.
Article 8 When handling criminal cases, public security organs should attach importance to evidence, investigation and study, and do not trust confessions. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt.
Article 9 In criminal proceedings, public security organs shall protect the right of defense and other litigation rights of criminal suspects, defendants and other participants in proceedings according to law.
Article 10 When handling a criminal case, a public security organ shall apply to the people's procuratorate at the same level for approval of arrest and transfer for examination and prosecution.
Article 11 When handling a criminal case, the public security organ shall translate for the participants 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 in compact communities, interrogation shall be conducted in the local common language. The litigation documents published to the outside world shall use the local common language.
Twelfth public security organs in handling criminal cases, all localities and departments should strengthen cooperation and perform their duties of investigation and assistance according to law.
Public security organs at higher levels shall strengthen supervision, coordination and guidance.
Article 13 According to the international treaties concluded or acceded to by People's Republic of China (PRC) and the bilateral and multilateral cooperation agreements signed by the Ministry of Public Security, or according to the principle of reciprocity, the public security organs in China may carry out criminal judicial assistance and police cooperation with foreign police organs.
Chapter II Governance
Article 14 According to the provisions of the Criminal Procedure Law, criminal cases are under the jurisdiction of public security organs, except the following criminal cases:
(1) Crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes of illegal detention committed by state functionaries by taking advantage of their powers, crimes of extorting confessions by torture, crimes of retaliation and framing, crimes of illegal search, criminal cases that infringe on citizens' democratic rights, and other major criminal cases committed by state functionaries by taking advantage of their powers as decided by people's procuratorates at or above the provincial level;
(2) Cases of private prosecution, but if the people's court directly accepts a minor criminal case with evidence to prove the victim and rejects the prosecution because of insufficient evidence, and the people's court transfers it to the public security organ or the victim complains to the public security organ, the public security organ shall accept it; If the victim directly complains to the public security organ, the public security organ shall accept it;
(3) Crimes committed by soldiers in violation of their duties and criminal cases within the army;
(4) Criminal cases in which criminals commit crimes in prisons;
(5) Other criminal cases that should be under the jurisdiction of other organs according to laws and regulations.
Article 15 A criminal case shall be under the jurisdiction of the public security organ in the place where the crime was committed. If it is more appropriate to be under the jurisdiction of the public security organ where the criminal suspect lives, it may be under the jurisdiction of the public security organ where the criminal suspect lives.
The place of crime includes the place where the criminal act occurred and the place where the criminal result occurred. The place where the crime occurred, including the place where the crime was committed and the places related to the crime, such as the preparation place, the starting place, the passing place and the ending place; Where the criminal act is continuous, continuous or continuous, the place where the criminal act is continuous, continuous or continuous belongs to the place where the criminal act occurred. The place where the criminal result occurs includes the place where the criminal object is infringed, the place where the criminal proceeds are actually obtained, the place where they are hidden, the place where they are transferred, the place where they are used and the place where they are sold.
Domicile includes domicile and habitual residence. A habitual residence refers to a place where a citizen has lived continuously for more than one year away from his domicile.
Where laws, judicial interpretations or other normative documents have special provisions on the jurisdiction of criminal cases, such provisions shall prevail.
Article 16 Crimes committed against or using computer networks may be under the jurisdiction of the public security organs where the website servers, network access places, website founders or managers, infringed computer information systems and their managers, criminals and victims use computer information systems in the course of committing crimes.
Article 17 A criminal case occurring on a moving vehicle shall be under the jurisdiction of the public security organ at the place where the vehicle first stops; When necessary, the public security organs of the vehicle's origin, passing place and arrival place may also have jurisdiction.
Article 18 A criminal case over which several public security organs have jurisdiction shall be under the jurisdiction of the public security organ that accepts it first. When necessary, it may be under the jurisdiction of the public security organ in the main crime place.
Under any of the following circumstances, the public security organ may jointly file a case for investigation within the scope of its duties:
(a) a number of crimes;
(2) * * * same crime;
(3) The criminal suspect who commits the same crime commits other crimes;
(4) The crimes committed by multiple suspects are related, and the merger of cases is conducive to finding out the criminal facts.
Article 19 Criminal cases with unclear or controversial jurisdiction can be resolved through consultation by the relevant public security organs. If negotiation fails, the superior public security organ of * * * shall designate the jurisdiction.
For criminal cases with special circumstances, the public security organs at higher levels may designate jurisdiction.
Article 20 Where a public security organ at a higher level designates jurisdiction, it shall deliver the written decision on designation of jurisdiction to the public security organ and other relevant public security organs respectively.
The public security organ that originally accepted the case will no longer exercise jurisdiction after receiving the decision of the public security organ at a higher level to designate other public security organs for jurisdiction, and shall also transfer the file to the public security organ with designated jurisdiction.
If it is necessary to arrest a criminal suspect in a case under designated jurisdiction, the public security organ under designated jurisdiction shall report it to the people's procuratorate at the same level for examination and approval; If it is necessary to initiate a public prosecution, the public security organ shall transfer it to the people's procuratorate at the same level for examination and decision.
Twenty-first county-level public security organs are responsible for investigating criminal cases within their respective jurisdictions.
Public security organs at or above the municipal level with districts are responsible for investigating major crimes, terrorist activities, foreign-related crimes, economic crimes and group crimes that endanger national security.
When the public security organ at a higher level deems it necessary, it may investigate criminal cases under the jurisdiction of the public security organ at a lower level; A criminal case that a public security organ at a lower level considers that the case is serious and needs to be investigated by a public security organ at a higher level may request the public security organ at a higher level for jurisdiction.
Article 22 The internal jurisdiction of public security organs over criminal cases shall be determined according to the establishment of criminal investigation institutions and the division of responsibilities.
Article 23 railway police organs shall have jurisdiction over criminal cases of railway system organs, factories, depots, hospitals, schools, institutes, teams, work areas and other units, criminal cases of railway stations and train work areas, criminal cases of stealing and destroying important facilities such as railways, communications and power lines, and criminal cases of internal employees working on railway lines.
The computer information system of the railway system extends to local outlets involving railway business, and criminal cases caused by the computer information system are under the jurisdiction of the railway police station.
Cases of reselling, forging or altering train tickets shall be under the jurisdiction of the railway police organ or the local public security organ that initially accepted the case. When necessary, it may be transferred to the jurisdiction of the railway police organ or the local public security organ where the main crime is committed.
Criminal cases in railway construction sites are under the jurisdiction of local public security organs.
Article 24 The traffic public security organs shall have jurisdiction over criminal cases that occur in organs, factories, sections, hospitals, schools, research institutes, teams, work areas and other units of the traffic system, criminal cases that occur in ports, docks and ship operation areas, criminal cases that occur in stealing or destroying important facilities such as water traffic lines, communications and power lines, and criminal cases in which internal employees work on traffic lines.
Article 25 Civil aviation public security organs shall have jurisdiction over criminal cases that occur in civil aviation system organs, factories, sections, hospitals, schools, research institutes, teams, work areas and other units, airport work areas and civil aviation aircraft.
Criminal cases of major flight accidents shall be under the jurisdiction of the airport public security organ where the criminal result occurred. If there is no airport public security organ or it is not within the jurisdiction of the airport public security organ, it shall be under the jurisdiction of the local public security organ and the relevant airport public security organ shall provide assistance.
Twenty-sixth forest public security organs have jurisdiction over criminal cases such as the destruction of forests and wildlife resources, and forest public security organs in large forest areas are also responsible for the investigation of other criminal cases within their jurisdiction. If there is no special forest public security organ, it shall be under the jurisdiction of the local public security organ.
Twenty-seventh customs smuggling crime investigation agencies shall have jurisdiction over tax-related smuggling crimes in People's Republic of China (PRC) and China and non-tax-related smuggling crimes in customs supervision areas.
Article 28 When a criminal case investigated by a public security organ involves a case under the jurisdiction of a people's procuratorate, it shall transfer the criminal case under the jurisdiction of the people's procuratorate to the people's procuratorate. If the suspected principal offender is under the jurisdiction of the public security organ, the public security organ shall take the lead in the investigation; The public security organ shall cooperate with the people's procuratorate if the main suspected crime falls under its jurisdiction.
When criminal cases investigated by public security organs involve cases under the jurisdiction of other investigation organs, they shall be handled with reference to the provisions of the preceding paragraph.
Twenty-ninth public security organs and the military involved in criminal cases, should be handled in accordance with the relevant provisions.
The division of criminal jurisdiction between public security organs and armed police forces shall be handled in accordance with the principle of division of criminal jurisdiction between public security organs and military forces. The criminal cases of the personnel of the public security frontier defense, fire fighting and security departments listed in the sequence of the Armed Police Force shall be under the jurisdiction of the public security organs.
Procedures for Public Security Organs to Handle Criminal Cases (effective from 20 13 10)-10 Legal Advisory Network
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