Legal analysis
Crimes endangering national security and terrorist activities are extremely harmful crimes. Therefore, criminal proceedings have certain particularities, which are stipulated in Articles 4, 2 1, 39, 48, 64, 75, 8 1, 85, 150 and 29/kloc-of the Criminal Procedure Law of People's Republic of China (PRC).
(1) Crimes endangering state security are handled by state security organs, not by public security organs.
(2) Cases endangering national security and terrorist activities shall be under the jurisdiction of the Intermediate People's Court.
(3) In the course of investigation, a lawyer shall obtain the permission of the investigation organ when meeting a criminal suspect in custody for crimes endangering national security or terrorist activities.
(4) Lawyers have the obligation of confidentiality. However, if it is known that others will commit criminal acts that endanger national security, public safety and seriously endanger the personal safety of others, it shall promptly inform the judicial organs. Terrorist crimes may also seriously endanger public safety and the personal safety of others. Therefore, lawyers also need to inform the judiciary in time.
(5) The people's courts, people's procuratorates and public security organs shall take protective measures against the personal safety of witnesses, expert witnesses, victims themselves or their close relatives in such cases.
(6) The criminal suspects in such cases can take the designated residence for residential surveillance.
(7) In this case, if bail is not enough to prevent injury, you should be arrested.
(8) There is no need to inform family members within 24 hours after detention.
(9) Technical investigation can be used.
(10) You can apply for a default trial.
legal ground
People's Republic of China (PRC) Criminal Procedure Law 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 21 of the Criminal Procedure Law of People's Republic of China (PRC) has jurisdiction over the following criminal cases of first instance: (2) Cases that may be sentenced to life imprisonment or death.
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may meet and correspond with criminal suspects and defendants 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 48 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers have the right to keep confidential the relevant information and information of their clients that they know in their practice. However, if the defense lawyer knows that the client or others are preparing or committing criminal acts that endanger national security, public security and seriously endanger the personal safety of others, he shall promptly inform the judicial organs.
Article 64 of the Criminal Procedure Law of People's Republic of China (PRC): Cases of crimes endangering national security, terrorist activities, organized crimes of underworld nature, drug crimes, etc. If the personal safety of witnesses, expert witnesses, victims or their close relatives is threatened because they testify in litigation, the people's courts, people's procuratorates and public security organs shall take one or more of the following protective measures: (1) Personal information such as real name, address and work unit shall not be disclosed. (2) Taking measures such as not revealing appearance and true voice to testify in court; (3) Prohibiting specific personnel from contacting witnesses, expert witnesses, victims and their close relatives; (four) to take special protective measures for individuals and houses; (5) Other necessary protective measures. Witnesses, expert witnesses and victims who think that they or their close relatives are threatened by their personal safety because of testifying in court may request protection from the people's courts, people's procuratorates and public security organs. People's courts, people's procuratorates and public security organs shall take protective measures according to law, and relevant units and individuals shall cooperate.
Article 75 of the Criminal Procedure Law of People's Republic of China (PRC) shall be executed in the residence of the criminal suspect or defendant; If there is no fixed residence, it can be executed at the designated residence. If the execution of a crime suspected of endangering national security or terrorist activities may hinder the investigation, it may also be executed at a designated residence with the approval of the public security organ at the next higher level. However, it shall not be carried out in detention places or special places for handling cases. If the designated residence is under residential surveillance, the family members under residential surveillance shall be notified within 24 hours after the implementation of residential surveillance, unless it is impossible to notify them. The provisions of Article 34 of this Law shall apply to criminal suspects and defendants under residential surveillance who entrust defenders. The people's procuratorate shall supervise the legality of the decision and implementation of residential surveillance in designated residences.
Article 81 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Criminal suspects and defendants who have evidence to prove that they have criminal facts and may be sentenced to more than fixed-term imprisonment are released on bail pending trial, which is not enough to prevent the following social dangers, and shall be arrested: (1) Those who may commit new crimes; (two) there is a real danger of endangering national security, public safety or social order; (three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion; (4) It is possible to take revenge on the victim, prosecutor or accuser; (5) attempting to commit suicide or escape. When approving or deciding to arrest, the nature, circumstances, confession and lighter punishment of the criminal suspect and defendant should be taken as factors to consider whether social danger may occur. If there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is intentional crime or the identity is unknown, it shall be arrested. If the circumstances are serious, a criminal suspect or defendant who has been released on bail pending trial or under residential surveillance may be arrested.
Article 85 of the Criminal Procedure Law of People's Republic of China (PRC), when a public security organ detains a person, it must produce a detention permit. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Article 150 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organ may, after filing a case, take technical investigation measures against crimes endangering national security, terrorist activities, organized crimes of underworld nature, major drug crimes or other crimes seriously endangering society after strict approval procedures according to the needs of investigating crimes. After filing a case, the people's procuratorate may, according to the needs of investigating crimes and through strict approval procedures, take technical investigation measures and hand them over to the relevant authorities for execution in accordance with regulations. To hunt down a criminal suspect or defendant who is wanted at large or whose arrest has been approved, the necessary technical investigation measures may be taken upon approval.
Article 291 of the Criminal Procedure Law of People's Republic of China (PRC) * * * If the criminal suspect or defendant is abroad and the supervisory organ or the public security organ transfers him for prosecution, the people's procuratorate considers that the facts of the crime have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, which requires timely trial. After examination, if the criminal facts alleged in the indictment are clear and meet the applicable conditions of trial by default, the people's court shall decide to hold a hearing. The case mentioned in the preceding paragraph shall be tried by a collegial panel composed of the place where the crime was committed, the defendant's residence before leaving the country or an intermediate people's court designated by the Supreme People's Court.