What is the content of the interpretation of the criminal procedure law of the six ministries and commissions?

What is the content of the interpretation of the criminal procedure law of the six ministries and commissions? The interpretation of the criminal procedure law of the six ministries and commissions mainly includes the tasks, basic principles and systems of criminal proceedings, the powers and relations of public, procuratorial and legal organs in criminal proceedings, the rights and obligations of the parties and other participants in criminal proceedings, and the specific procedures of how to carry out criminal proceedings. The object of adjustment is the activities of the public, procuratorial and legal organs to expose, prove and punish crimes with the participation of the parties and other participants in the proceedings. I. Management 1. When investigating corruption and bribery cases under the jurisdiction of the people's procuratorate, the public security organ shall transfer the corruption and bribery cases to the people's procuratorate; When investigating corruption and bribery crimes under the jurisdiction of public security organs, people's procuratorates shall transfer criminal cases under the jurisdiction of public security organs to public security organs. In the above circumstances, if the suspected principal offender is under the jurisdiction of the public security organ, the public security organ will take the lead in the investigation and the people's procuratorate will cooperate; If the suspected principal offender is under the jurisdiction of the people's procuratorate, the people's procuratorate will take the lead in the investigation and the public security organ will cooperate. 2. Article 24 of the Criminal Procedure Law stipulates: "A criminal case shall be under the jurisdiction of the people's court of the place where the crime was committed." The "place of crime" stipulated in the Criminal Procedure Law includes the place where the criminal act occurred and the place where the result occurred. 3. Under any of the following circumstances, the people's court, the people's procuratorate and the public security organ may handle it together within the scope of their duties: (1) one person commits a crime; (2) * * * same crime; (3) * * * The criminal suspect or defendant who committed the same crime also committed other crimes; (4) The crimes committed by multiple suspects and defendants are related, and the merger of cases is conducive to finding out the facts of the case. 2. national defense and institutions 4. People's courts, people's procuratorates, public security organs, state security organs, prisoners, people's jurors, foreigners or stateless persons and people who have an interest in this case may not act as defenders. However, the above-mentioned persons are guardians or close relatives of the criminal suspect or defendant, and if the criminal suspect or defendant entrusts them as defenders, they may be allowed. A person without capacity or with limited capacity may not act as a defender. A defender shall not defend two or more criminal suspects and defendants in the same case, nor shall he defend two or more criminal suspects and defendants who have not been dealt with in the same case but are related to their crimes. 5. Articles 34, 267 and 286 of the Criminal Procedure Law provide for legal aid. If a people's court, a people's procuratorate or a public security organ notifies a legal aid institution to appoint a lawyer to provide defense or legal aid in accordance with the above provisions, the legal aid institution shall appoint a lawyer within three days after receiving the notice, and notify the people's court, the people's procuratorate and the public security organ in writing of the lawyer's name, unit and contact information. 6. Article 36 of the Criminal Procedure Law stipulates: "Defense lawyers may provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Learn from the investigation organ about the crimes and cases suspected by the criminal suspect and put forward opinions. " According to the above provisions, during the investigation, the defense lawyer can learn from the investigation organ about the charges charged by the criminal suspect and the main criminal facts that have been ascertained at that time, the situation that the criminal suspect was taken, changed or lifted compulsory measures, and the situation that the investigation organ extended the investigation detention period. 7. Paragraph 2 of Article 37 of the Criminal Procedure Law stipulates: "If a defense lawyer holds a lawyer's practice certificate, a certificate from a law firm, a power of attorney or a letter of legal aid and requests to meet with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest." According to the above regulations, if the defense lawyer requests to meet with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time to ensure that the defense lawyer can meet with the criminal suspect or defendant in custody within 48 hours. 8. Paragraph 1 of Article 41 of the Criminal Procedure Law stipulates: "With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court." If a defense lawyer applies to a people's procuratorate or a people's court for collecting and collecting evidence, and the people's procuratorate or the people's court deems it necessary to investigate and collect evidence, the people's procuratorate or the people's court shall collect and collect evidence, and shall not issue a decision allowing lawyers to collect and collect evidence. 9. Paragraph 2 of Article 42 of the Criminal Procedure Law stipulates: "Anyone who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. " According to the above provisions, if a public security organ or a people's procuratorate finds that a defender is suspected of committing a crime, or accepts the accusation, complaint, report or transfer from the relevant authorities, and it is considered to meet the conditions for filing a case according to the division of investigation jurisdiction, it shall report to the investigation organ at the next higher level of the investigation organ that handles the case of the defender in accordance with the provisions, designate other investigation organs to file a case for investigation, or file a case for investigation by the investigation organ at the next higher level. The investigation organ at a lower level of the investigation organ that shall not appoint a defender to undertake the case shall file a case for investigation. 10. Article 47 of the Criminal Procedure Law stipulates: "Defenders and agents ad litem have the right to appeal or accuse public security organs, people's procuratorates, people's courts and their staff members of obstructing them from exercising their litigation rights according to law. The people's procuratorate shall promptly examine the complaint or accusation. If the situation is true, it shall notify the relevant authorities to correct it. " The people's procuratorate shall, within 10 days after accepting the complaint or accusation of the defender or agent ad litem, give a written reply to the defender or agent ad litem who filed the complaint or accusation. Three. Evidence 1 1. The first paragraph of Article 56 of the Criminal Procedure Law stipulates: "In the course of court hearing, if a judge thinks that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of this Law, he shall conduct a court investigation on the legality of collecting evidence." After reviewing the relevant clues or materials provided by the parties, their defenders and agents ad litem, the court considers that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of the Criminal Procedure Law, and shall conduct a court investigation on the legality of evidence collection. The order of court investigation is decided by the court according to the trial of the case. 12. Article 62 of the Criminal Procedure Law stipulates that witnesses, expert witnesses and victims can take protective measures of "not disclosing their real names, addresses, work units and other personal information". If the people's courts, people's procuratorates and public security organs decide not to disclose the real names, addresses, work units and other personal information of witnesses, experts and victims according to law, they may use pseudonyms instead of personal information of witnesses, experts and victims in legal documents and evidence materials such as judgments, rulings, indictments and transcripts of inquiries. However, if a pseudonym is used, it shall be explained in writing, marked with classification and recorded separately. With the permission of the court, a defense lawyer shall sign a confidentiality undertaking when consulting witnesses, experts and victims to use pseudonyms. Four. Compulsory measures 13. A criminal suspect or defendant who has been released on bail pending trial or under residential surveillance may not leave the city or county where he lives or the place where he lives under residential surveillance without justifiable reasons. If there is a justifiable reason to leave the city or county where you live or the place where you live under surveillance, it shall be approved by the executing organ. If the people's procuratorate or the people's court decides to obtain a guarantor pending trial or to monitor residence, the executing organ shall obtain the consent of the deciding organ before approving the criminal suspect or defendant to leave the city or county where they live or the place where the residential surveillance is executed. 14. Whether the guarantor who has been released on bail has fulfilled the guarantee obligation is decided by the public security organ, and the decision on the fine of the guarantor is also made by the public security organ. 15. If the designated residence is used for residential surveillance, the residents under surveillance are not required to pay fees. 16. According to the Criminal Procedure Law, detention shall be carried out by public security organs. For cases directly accepted by the people's procuratorate, the detention decision made by the people's procuratorate shall be served on the public security organ for execution, which shall immediately execute it, and the people's procuratorate may assist the public security organ in execution. 17. The public security organ shall immediately execute the decision of the people's procuratorate approving the arrest, and deliver the execution receipt to the people's procuratorate approving the arrest in time. If it cannot be executed, the receipt shall also be served on the people's procuratorate, and the reasons for the impossibility shall be stated. If the people's procuratorate decides not to approve the arrest, the public security organ shall immediately release the criminal suspect in custody or change the compulsory measures after receiving the decision, and deliver the execution receipt to the people's procuratorate that made the decision within three days after receiving the decision. V. Filing a case 18. Article 111 of the Criminal Procedure Law stipulates: "If the people's procuratorate thinks that the public security organ does not file a case for investigation, or the victim thinks that the public security organ does not file a case for investigation, the people's procuratorate shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice. " According to the above provisions, the public security organ shall give a written reply to the people's procuratorate within seven days after receiving the notice from the people's procuratorate asking about the reasons for not filing the case. The people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, and when it issues a notice of filing a case, it shall also transfer the relevant materials that prove that it should file a case to the public security organ. After receiving the notice of filing a case, the public security organ shall decide to file a case within fifteen days and serve the decision on filing a case on the people's procuratorate. A survey of intransitive verbs 19. Article 12 1 of the Criminal Procedure Law stipulates: "Investigators may record or video the interrogation process when interrogating a criminal suspect; For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, the interrogation process should be recorded or videotaped. " If an investigator records or videos the interrogation process, it shall be indicated in the interrogation record. When necessary, people's procuratorates and people's courts may obtain audio or video recordings of interrogating criminal suspects, and the relevant authorities shall provide them in a timely manner. 20. Article 149 of the Criminal Procedure Law stipulates: "The approval decision shall determine the types and applicable objects of technical investigation measures according to the needs of investigating crimes." If the materials collected by technical investigation measures are used as evidence, they shall be accompanied by legal documents approving technical investigation measures, and defense lawyers may consult, extract and copy them according to law, and present them to the court during the trial. 2 1. If a public security organ requests to extend the detention period of a case, it shall do so seven days before the expiration of the detention period, and submit the main facts of the case and the specific reasons for extending the detention period in writing. The people's procuratorate shall make a decision before the expiration of the detention period. 22. Paragraph 1 of Article 158 of the Criminal Procedure Law stipulates: "If a criminal suspect is found to have committed other major criminal acts in the course of investigation, the period of investigation detention shall be recalculated according to the provisions of Article 154 of this Law from the date of discovery." If the public security organ recalculates the period of investigation and detention in accordance with the above provisions, it does not need the approval of the people's procuratorate, but it should be reported to the people's procuratorate for the record, and the people's procuratorate can supervise it. Seven. Prosecution 23. If a public security organ at a higher level designates a public security organ at a lower level to file a case for investigation and it is necessary to arrest a criminal suspect, the public security organ that filed the case for investigation shall report it to the people's procuratorate at the same level for examination and approval; If public prosecution is required, the public security organ investigating the case shall transfer it to the people's procuratorate at the same level for examination and prosecution. If a people's procuratorate considers that a case under examination and prosecution should be prosecuted by a people's procuratorate at a higher level or a people's procuratorate at the same level in accordance with the provisions of the Criminal Procedure Law on jurisdiction, it shall be transferred to a people's procuratorate with jurisdiction. If the people's procuratorate considers it necessary to designate jurisdiction in accordance with the provisions of the Criminal Procedure Law, it shall consult the people's court at the same level to handle matters related to the designation of jurisdiction. 24. When a people's procuratorate brings a public prosecution to a people's court, it shall obtain the case file materials and all the evidence from the people's court, including the materials of the criminal suspect and the defendant's retraction, the materials of the witness's change of testimony, and other evidential materials that are beneficial to the criminal suspect and the defendant. Eight. Trials and judgments. Article 181 of the Criminal Procedure Law stipulates: "After examination, the people's court shall decide to open a court session to hear a case in which public prosecution is initiated, and the criminal facts alleged in the indictment are clear." The people's court shall accept the cases prosecuted by the people's procuratorate. After the people's court has examined the case in which a public prosecution was initiated, if the facts of the crime alleged in the indictment are clear, and the case file materials and evidence are attached, it shall decide to hold a hearing, and will not hold a hearing on the grounds that the above materials are insufficient. If the materials transferred by the people's procuratorate lack the above materials, the people's court may notify the people's procuratorate to supplement the materials, and the people's procuratorate shall supplement them within three days from the date of receiving the notice. The time limit for the people's court to examine a case that has been prosecuted includes the time limit for the people's court to hear it. 26. When the people's court hears a case of public prosecution, if the public prosecutor or defender appearing in court needs to produce, read and play the evidence that has been handed over to the people's court, they may apply to the court for production, reading and playing. 27. Article 39 of the Criminal Procedure Law stipulates: "Defenders have the right to apply to the people's procuratorate and the people's court for the collection of evidence materials to prove the innocence or minor crimes of criminal suspects and defendants that have not been submitted in the process of investigation, examination and prosecution." The first paragraph of Article 191 stipulates: "In the course of court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment and investigate and verify the evidence." Paragraph 1 of Article 192 stipulates: "During the court hearing, the parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, for obtaining new material evidence, and for re-appraisal or inspection." According to the above provisions, from the date when the case is transferred for examination and prosecution, the people's procuratorate may, upon the application of the defender, obtain from the public security organ the evidence materials that have not been submitted to prove the innocence or light guilt of the criminal suspect or defendant. During the court hearing, the people's court may, at the request of the defender, obtain from the people's procuratorate the evidence materials that have not been submitted to prove the defendant's innocence or that the crime is light, or obtain from the people's procuratorate the evidence materials that need to be investigated and verified. The public security organ and the people's procuratorate shall hand over the evidence within three days after receiving the decision. 28. If the people's court notifies witnesses and expert witnesses to testify in court according to law, it shall also send the Notice of Witnesses and Expert Witnesses Appearing in Court to both the prosecution and the defense, and both the prosecution and the defense shall cooperate. 29. Paragraph 3 of Article 187 of the Criminal Procedure Law stipulates: "If a public prosecutor, a party or a defender or an agent ad litem disagrees with the expert opinion and the people's court deems it necessary for the expert to appear in court, the expert shall testify in court. If the appraiser refuses to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for finalizing the case. " According to the above provisions, if the appraiser who should appear in court according to law fails to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for finalizing the case. If the appraiser is unable to appear in court due to irresistible reasons or other legitimate reasons, the people's court may decide to postpone the trial according to the trial situation of the case. 30. When the people's court hears a public prosecution case and finds that new facts may affect the conviction, the people's procuratorate may request supplementary prosecution or change the prosecution, and the people's court may suggest that the people's procuratorate supplement the prosecution or change the prosecution. If the people's court suggests that the people's procuratorate supplement or change the prosecution, the people's procuratorate shall reply within seven days. 3 1. During the court hearing, if the defendant exposes other people's criminal acts or provides important clues, the people's procuratorate may suggest supplementary investigation if it deems it necessary to verify them. 32. Article 203 of the Criminal Procedure Law stipulates: "If a people's procuratorate finds that a people's court has violated legal proceedings, it has the right to put forward rectification opinions to the people's court." The people's procuratorate shall put forward rectification opinions on the trial activities in violation of legal procedures, which shall be put forward by the people's procuratorate after the trial. Nine. Execute 33. Paragraph 5 of Article 254 of the Criminal Procedure Law stipulates: "Temporary execution outside prison shall be decided by the people's court that delivered it for execution before delivery." The defendant may be sentenced to criminal detention, fixed-term imprisonment or life imprisonment, and if the conditions for temporary execution outside prison are met, the defendant and his defenders have the right to apply to the people's court for temporary execution outside prison, and the detention center may inform the people's court of the relevant situation. Before delivery for execution, the people's court shall conduct a review and make a decision on whether to temporarily execute the sentence outside prison. Paragraph 3 of Article 257 of the Criminal Procedure Law stipulates: "If a criminal who does not meet the conditions for temporary execution outside prison is temporarily executed outside prison by illegal means such as bribery, the period for temporary execution outside prison shall not be counted in the execution period. If a criminal escapes during the temporary execution outside prison, the time of escape is not included in the execution sentence. " If a criminal who is temporarily executed outside prison by the people's court has the above circumstances, the people's court shall determine the period that will not be included in the sentence when deciding to put him in prison. If the prison management organ or the public security organ decides to temporarily execute the sentence outside prison under the above circumstances, after the prisoner is put into prison, the prison or detention center to which he belongs shall promptly put forward a proposal not to be included in the execution sentence to the local intermediate people's court, and the intermediate people's court shall make a ruling after reviewing it. 35. If a community correctional officer sentenced to fixed-term imprisonment is at large, the community correctional institution shall immediately notify the public security organ, which shall be responsible for the pursuit. X. Disposal of the property involved 36. In accordance with the provisions of the criminal law, the illegal gains and other property involved in the case should be recovered, except for the property returned to the victim and the contraband destroyed according to law, all of them must be turned over to the state treasury. If the property involved in the seizure or detention is not transferred according to law, the people's court shall notify the seizure or detention organ to turn it over to the state treasury after making an effective judgment or ruling, and the seizure or detention organ shall send an execution receipt to the people's court; After the people's court makes an effective judgment or ruling, it shall notify the relevant financial institutions to turn it over to the state treasury, and the relevant financial institutions shall send an execution receipt to the people's court. For the bonds, stocks, fund shares and other properties that have been sealed up or frozen, during the period of sealing up or freezing, if the creditor applies for selling, and the sealed-up or freezing organ does not harm the interests of the state or the victims or affect the normal proceedings, and the sealed-up or frozen bills of exchange, promissory notes and checks are about to expire, they can be sold or sold according to law before the judgment takes effect, and the proceeds will be kept by the sealed-up or freezing organ, and the parties concerned or their close relatives will be informed in time. 37. Paragraph 1 of Article 142 of the Criminal Procedure Law stipulates: "People's procuratorates and public security organs may inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of criminal suspects according to the needs of investigating crimes." According to the above provisions, people's procuratorates and public security organs cannot deduct deposits, remittances, bonds, stocks, fund shares and other property. If a criminal suspect or defendant dies and his illegal income and other property involved in the case should be recovered according to the provisions of the Criminal Law, the procedures stipulated in Chapter III of Part V of the Criminal Procedure Law shall apply, and the people's procuratorate shall apply to the people's court for confiscation of his illegal income. 38. If a criminal suspect or defendant dies and the existing evidence proves that illegal gains and other property involved should be confiscated, the public security organ and the people's procuratorate may conduct an investigation. Public security organs and people's procuratorates can seal up, detain, inquire and freeze according to law. In the course of hearing a case, if the defendant dies, the people's court shall make a ruling to terminate the trial; If the defendant escapes, a ruling shall be made to suspend the trial. The people's procuratorate may separately apply to the people's court for confiscation of illegal income according to law. 39. The criminal suspect, the close relatives of the defendant and other interested parties or the people's procuratorate may lodge a complaint or protest against the ruling of the people's court to confiscate the illegal income according to law within five days. Xi。 Other 40. Article 147 of the Criminal Procedure Law stipulates: "The time limit for psychiatric appraisal of criminal suspects is not included in the time limit for handling cases." According to the above provisions, cases in which criminal suspects and defendants are in custody shall be included in the time limit for handling cases, except for the time limit for psychiatric appraisal of criminal suspects and defendants. If a case cannot be concluded after the expiration of the time limit for handling a case because the appraisal time is too long, the compulsory measures for the criminal suspect or defendant in custody shall be changed to bail pending trial or residential surveillance from the date of expiration of the time limit. The provisions of these Provisions concerning public security organs shall apply to the handling of criminal cases endangering national security by state security organs according to law. To sum up, the provisions of the Criminal Procedure Law and its interpretation stipulated by the six ministries and commissions after a long period of investigation and study are actually laying the foundation for the application of the criminal law, because there is no substantive content of procedural provisions, which will bring difficulties to the actual application of the court and naturally fail to realize the actual value and role of the law.