The people's procuratorate may continue to handle tax-related cases that have been put on file for investigation by the people's procuratorate and should be under the jurisdiction of the public security organ according to law, or may hand them over to the public security organ for handling.
2. The Criminal Procedure Law stipulates that the case of "dereliction of duty by state staff" shall be under the jurisdiction of the people's procuratorate, and the revised criminal law will change the subject of dereliction of duty to state staff. According to this amendment, the "crime of dereliction of duty" under the jurisdiction of the people's procuratorate refers to the crime of dereliction of duty stipulated in Chapter IX of the Specific Provisions of the Criminal Law. In addition, the crimes of beating, corporal punishment and maltreatment by supervisors as stipulated in Article 248 of Chapter IV of the Specific Provisions of the Criminal Law shall be under the jurisdiction of the People's Procuratorate. The crimes stipulated in Chapter III of the Specific Provisions of the Criminal Law, namely, the crime of disrupting the order of the socialist market economy, shall be under the jurisdiction of the public security organs.
Chapter 8 of the revised Criminal Law has clearly stipulated the crime of corruption and bribery. According to this revision, the "corruption and bribery" cases under the jurisdiction of the people's procuratorate refer to the crimes of corruption and bribery stipulated in Chapter VIII of the revised Criminal Law and the crimes clearly stipulated in other chapters in accordance with the provisions of Chapter VIII of the Criminal Law. The crimes specified in paragraphs 1 and 2 of Article 163, paragraph 1 of Article 184 and Article 164 shall be under the jurisdiction of public security organs.
4. Paragraph 2 of Article 170 of the Criminal Procedure Law stipulates that "minor criminal cases with victim evidence" directly accepted by the people's courts refer to the following criminal cases with victim evidence:
(1) Cases of intentional injury (minor injuries);
(2) Bigamy cases;
(3) Cases of abandonment;
(4) Cases of interference with freedom of communication;
(5) Cases of trespassing on other people's houses;
(six) cases of producing and selling fake and inferior commodities (except those that seriously endanger social order and national interests);
(seven) cases of infringement of intellectual property rights (except those that seriously endanger social order and national interests);
(8) Other minor criminal cases in which the defendant can be sentenced to fixed-term imprisonment of not more than three years as stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law.
In the above eight cases, if the victim brings a lawsuit directly to the people's court, the people's court shall accept it according to law. If the evidence is insufficient to be accepted by the public security organ, it shall be transferred to the public security organ for investigation. If the victim complains to the public security organ, the public security organ shall accept it.
The crime of perjury and the crime of refusing to execute a judgment or ruling shall be investigated by the public security organs.
5. The revised Criminal Procedure Law has deleted the original content that "the people's court at a higher level may, when necessary, transfer criminal cases of first instance under its jurisdiction to the people's court at a lower level for trial". According to this amendment, criminal cases of first instance that should be under the jurisdiction of the people's court at a higher level according to law can no longer be assigned to the people's court at a lower level.
6. The public security organ shall transfer the corruption and bribery case to the people's procuratorate when investigating the corruption and bribery case under the jurisdiction of 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 shall take the lead in the investigation and the people's procuratorate shall 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. 9. "Cases involving state secrets" as stipulated in Article 96 of the Criminal Procedure Law refers to cases involving state secrets, and cannot be identified as cases involving state secrets because the relevant materials and handling opinions in criminal case investigation need to be kept confidential.
10. According to Article 96 of the Criminal Procedure Law, if a criminal suspect hires a lawyer in the investigation stage, he or his relatives may hire him or her on his behalf. If a criminal suspect in custody proposes to hire a lawyer, the detention organ shall promptly convey his request to the relevant investigation organ handling the case, and the investigation organ shall promptly convey his request to the person entrusted by him or his law firm. If a criminal suspect only wants to hire a lawyer, but can't mention the specific object, the investigation organ shall promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him.
1 1. Article 96 of the Criminal Procedure Law stipulates that a lawyer shall obtain permission from the investigation organ when meeting a criminal suspect in custody. For cases that do not involve state secrets, lawyers do not need to be approved to meet criminal suspects. Cases involving state secrets cannot be denied because the investigation process needs to be kept secret. If a lawyer requests to meet with a criminal suspect, he shall arrange a meeting within 48 hours. If a lawyer requests to meet with two or more major and complex criminal suspects such as organizing, leading, participating in underworld organizations, organizing, leading, participating in terrorist activities or smuggling, drug crimes, corruption and bribery crimes, he shall arrange a meeting within five days.
12. Article 96 of the Criminal Procedure Law stipulates that in the investigation stage, lawyers meet with criminal suspects in custody, and the investigation organ may send personnel to be present according to the case and needs. At the stage of examination, prosecution and trial, the case has been investigated, and the people's procuratorate and the people's court are not present when defense lawyers and other defenders meet with the criminal suspects and defendants in custody.
13. At the trial stage, according to the procedures stipulated in Article 36 of the Criminal Procedure Law, defense lawyers and other defenders can go to the people's court to consult, extract and copy the materials of the alleged criminal facts in this case, and meet and correspond with the defendant. Defense lawyers may also collect materials related to this case from witnesses or other relevant units and individuals in accordance with the provisions of Article 37 of the Criminal Procedure Law, apply to the People's Procuratorate and the People's Court for collecting and obtaining evidence, and apply to the People's Court for notifying witnesses to testify in court. With the permission of the people's procuratorate and the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from him.
In the course of court trial, defense lawyers may apply to the people's court to obtain evidence from the people's procuratorate when providing evidence of the defendant's innocence or light crime, and may consult, extract and copy the evidence collected by the investigation organ and the people's procuratorate in the process of investigation, examination and prosecution.
14. Lawyers can only charge fees necessary for copying materials when consulting, extracting and copying litigation documents, technical appraisal materials and materials that accuse criminal facts in this case, and may not charge fees for other names. The charging standards are unified throughout the country, and approved by the Supreme People's Court and the Supreme People's Procuratorate.
15. article 37 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, or apply to the people's procuratorate or 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.
16. Article 40 of the Criminal Procedure Law stipulates: "The private prosecutor and his legal representative in a private prosecution case, the parties involved in an incidental civil action and his legal representative have the right to entrust an agent ad litem at any time." According to this provision, the appointment of the private prosecutor and his legal representative, the parties involved in incidental civil litigation and his legal representative should not be limited to "before the trial". 17. Article 97 of the Criminal Procedure Law stipulates: "Investigators may ask the witness at his unit or residence" and "when necessary, they may also notify the witness to testify at the people's procuratorate or the public security organ". Investigators shall question witnesses in accordance with the provisions of Article 97 of the Criminal Procedure Law, and shall not designate other places.
18. Paragraph 2 of Article 120 of the Criminal Procedure Law stipulates: "If the medical appraisal of personal injury is controversial and needs to be re-appraised, the medical appraisal of mental illness shall be conducted by a hospital designated by the provincial people's government." When the people's court holds a hearing, if the appraisal conclusion made by the hospital designated by the provincial people's government is found to be in doubt after cross-examination, it can be used as the basis for finalizing the case, and other hospitals designated by the provincial people's government can be hired for supplementary appraisal or re-appraisal. Can't hire other appraisal institutions for supplementary appraisal or re-appraisal.
19. Article 117 of the Criminal Procedure Law stipulates: "People's procuratorates and public security organs may inquire and freeze the deposits and remittances of criminal suspects according to the needs of investigating crimes." According to this regulation, people's procuratorates and public security organs cannot deduct deposits and remittances. If a criminal suspect dies during investigation, examination and prosecution, and the deposit and remittance of the criminal suspect should be confiscated or returned to the victim according to law, he may apply to the people's court for a ruling and notify the financial institution that has frozen the deposit and remittance of the criminal suspect to turn it over to the state treasury or return it to the victim. 20. Article 52 of the Criminal Procedure Law stipulates: "Criminal suspects and defendants in custody, their legal representatives and close relatives have the right to apply for bail pending trial." Article 96 stipulates: "If a criminal suspect is arrested, the lawyer hired may apply for bail pending trial." If a detained criminal suspect, defendant, his legal representative, near relative or lawyer applies for bail pending trial, the organ that has the right to decide shall give a reply on whether or not to agree within seven days. Those who agree to obtain a guarantor pending trial shall go through the formalities of obtaining a guarantor pending trial according to law; If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement.
2 1. Article 53 of the Criminal Procedure Law stipulates: "A criminal suspect or defendant who has been released on bail pending trial shall be ordered to put forward a guarantor or pay a deposit." According to this regulation, there is no need to provide a guarantor and pay a deposit at the same time.
22. If the criminal suspect has a security deposit, the decision-making organ shall determine the amount of the security deposit according to the specific circumstances of the case. The deposit for obtaining a guarantor pending trial shall be uniformly collected and kept by the public security organ. Whether the guarantor who has been released on bail pending trial has fulfilled his guarantee obligations is decided by the public security organ, and the decision on the fine of the guarantor is also made by the public security organ. The specific measures shall be formulated by the Ministry of Public Security in conjunction with the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of National Security.
23. A criminal suspect or defendant who has been released on bail pending trial or under residential surveillance may not leave the city, county or place of residence without justifiable reasons. If there is a justifiable reason to leave the city, county or place of residence, it shall be approved by the executing organ. If the people's procuratorate or the people's court decides to obtain bail pending trial or to monitor residence, the executing organ shall obtain the consent of the decision-making organ before approving the criminal suspect or defendant to leave the city, county or place of residence where he lives.
24. Criminal suspects and defendants living under surveillance do not need approval to meet with lawyers. 25. The Criminal Procedure Law stipulates that 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.
26. The revised Criminal Procedure Law changed the provision of the original Criminal Procedure Law that "the main criminal facts have been ascertained" to "there is evidence to prove that there are criminal facts". Among them, "there is evidence to prove that there is a criminal fact" means that the following circumstances are met at the same time:
(a) there is evidence that a criminal fact has occurred;
(2) There is evidence to prove that the criminal facts are committed by criminal suspects;
(3) The evidence proving that the criminal suspect has committed a criminal act has been verified.
Criminal facts can be one of several criminal acts committed by criminal suspects.
27. The people's procuratorate shall make a decision on whether to approve or disapprove the arrest when examining the case submitted for approval by the public security organ, and shall not investigate the case submitted for approval.
28. 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 fails to execute within the time limit, it shall also serve a receipt to the people's procuratorate, stating the reasons for not executing; 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. 29. Regarding the calculation of the period in criminal proceedings, the last day of the period is a holiday, and the first day after the holiday is the expiration date of the period. However, the detention period of criminal suspects, defendants and criminals is limited to the date of expiration, and may not be extended to the first day after the holiday because of the holiday.
30. If the public security organ requests to extend the detention period, it shall put forward it 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.
3 1. The case directly put on file for investigation in the Supreme People's Procuratorate meets the conditions stipulated in Articles 124, 126 and 127 of the Criminal Procedure Law. If it is necessary to extend the detention period of a criminal suspect, it shall be decided by the Supreme People's Procuratorate according to law.
32. According to the provisions of Article 128 of the Criminal Procedure Law, if the public security organ discovers that the criminal suspect has committed other major criminal acts during the investigation and recalculates the detention period for investigation, it shall be decided by the public security organ and not approved by the people's procuratorate. But it must be reported to the people's procuratorate for the record, and the people's procuratorate can supervise it.
33. Article 122 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, in the case of detaining a criminal suspect or defendant, except for the time of psychiatric appraisal of the criminal suspect or defendant, other appraisal time shall be included in the time limit for handling the case. 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. 35. According to Article 150 of the Criminal Procedure Law, when a people's procuratorate initiates a public prosecution, it shall obtain from the people's court a copy of the indictment or photos, a list of evidence, a list of witnesses and the main evidence of all criminal facts. For some specific problems in material handover, the following measures should be taken:
(1) The list of witnesses obtained by the people's procuratorate shall include the list of witnesses who have testified before prosecution, and the list of witnesses shall include the name, age, sex, occupation, address and address of the witness. If the witness intentionally fails to appear in court, the people's procuratorate may not give reasons.
(2) The catalogue of evidence obtained by the people's procuratorate is the catalogue of evidence materials collected before prosecution.
(3) With regard to the victim's name, address and correspondence address, whether the defendant's property has been sealed up or frozen, the types of compulsory measures taken against the defendant, whether the defendant has filed a case and the place of detention, the people's procuratorate shall specify in the indictment that materials will not be transferred separately, and if it involves the privacy of the victim or protects the personal safety of the victim, it shall be transferred to the people's court separately.
(4) If the appraisal conclusion and the record of the inspection have been obtained as the main evidence, the names of the appraiser and the producer of the record of the inspection have been specified and will not be obtained separately.
36. According to Article 150 of the Criminal Procedure Law, when a people's procuratorate initiates a public prosecution, it shall obtain copies or photos of all the main evidence of criminal facts from the people's court. "Main evidence" includes:
(a) the main evidence of all kinds of evidence involved in the indictment;
(2) Being recognized as "main evidence" among multiple similar evidences;
(three) as evidence of surrender, meritorious service, recidivism, suspension, attempted, justifiable defense.
When the people's procuratorate transfers a specific case for prosecution, it shall determine the "main evidence" according to the above provisions.
37. Article 150 of the Criminal Procedure Law stipulates: "If the facts of the crime charged in the indictment are clear, and a list of evidence, a list of witnesses and copies or photos of the main evidence are attached, the people's court shall, after examination, decide to hold a hearing." 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 indictment contains clear facts of the alleged crime and is accompanied by a list of evidence, a list of witnesses and a copy or photo of the main evidence, 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.
38. In a case of public prosecution that is tried by summary procedure, regardless of whether the people's procuratorate sends personnel to appear in court, all the files and evidence materials shall be transferred to the people's court. 39. Article 154 of the Criminal Procedure Law stipulates that when a trial is held, the presiding judge shall ascertain whether the parties are present. According to the above provisions, the presiding judge should find out whether the parties appear in court, not the clerk.
40. Regarding the order of questioning witnesses in the trial, the trial was conducted under the presiding judge, and the order of questioning witnesses by the public prosecutor and the defender was decided by the presiding judge.
4 1. Paragraph 1 of Article 158 of the Criminal Procedure Law 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 159 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 inquest." According to the above provisions, the people's court may obtain evidence materials that need to be investigated and verified from the people's procuratorate; The people's court may also, upon the application of the defender or the defendant, obtain from the people's procuratorate the evidence materials about the defendant's innocence or light crime collected in the investigation, examination and prosecution. The people's procuratorate shall hand over the evidence within three days after receiving the decision of the people's court.
42. The people's procuratorate shall hand over the evidence materials produced, read and played in court to the people's court. If it is really impossible to hand it over in court, it shall be handed over within three days after the adjournment. If the testimony of an absent witness is presented, read and played in court, and the witness provides different testimony, the people's procuratorate shall hand over all the testimony of the witness within three days after the adjournment.
43. Article 169 of the revised Criminal Procedure Law stipulates: "The people's procuratorate has the right to put forward rectification opinions to the people's court when it finds that the people's court violates the legal procedures." 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. 44. Article 188 of the Criminal Procedure Law stipulates: "The people's procuratorate at the same level shall send personnel to appear in court in a case protested by the people's procuratorate or a public prosecution case tried by the people's court of second instance." According to this provision, the person who participates in the trial of second instance should be the prosecutor of the people's procuratorate at the same level.
45. If a case protested by a people's procuratorate or a public prosecution case tried by a people's court of second instance requires the public prosecutor or defender who appeared in court of second instance to present, read and play the evidence that has been transferred to the people's court of first instance, the public prosecutor or defender who appeared in court may apply to the court for presenting, reading and playing.
46. If a case protested by a people's procuratorate, after examination by the people's court of second instance, considers that the defendant should be sentenced to death, it shall be handled in accordance with the provisions of Article 189 of the Criminal Procedure Law, that is, if the people's court of second instance considers that the facts in the original judgment are not wrong, but the applicable law is wrong or the sentencing is improper, it shall revise the judgment; If the facts of the original judgment are unclear or the evidence is insufficient, the judgment may be revised or sent back for retrial after the facts are ascertained. Among them, a case in which the people's court of second instance directly commuted the death penalty, regardless of whether the death penalty approval power of the case was delegated, should be reported to the Supreme People's Court for approval. 48. All stolen money and goods must be turned over to the state treasury except the property returned to the victim and the contraband destroyed according to law. No unit or individual may misappropriate or dispose of it privately. The handling of stolen money and goods shall be carried out in accordance with the provisions of Article 198 of the Criminal Procedure Law, and the following treatments shall be made according to different situations:
(1) The physical objects as evidence shall be transferred with the case according to law. If it is not suitable for transfer, the list, photos or other supporting documents shall be transferred with the case, and the transfer shall not be refused on the grounds that the stolen money has not been transferred.
(2) The investigation organ will transfer the illegal funds frozen in financial institutions to the people's court with the case, and after the people's court makes an effective judgment, it will notify the financial institutions to turn them over to the state treasury, and the financial institutions will send an execution receipt to the people's court.
(3) If the seized or detained money, goods and stolen goods are not handed over according to law, the list of evidence, photos or other supporting documents shall be handed over with the case. After the people's court makes an effective judgment, it shall notify the seizure and detention organ to turn it over to the state treasury, and the seizure and detention organ shall send an execution receipt to the people's court.
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.
These Provisions shall come into force as of the date of promulgation. If the interpretation or provisions on the implementation of the Criminal Procedure Law formulated by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of National Security are inconsistent with these provisions, these provisions shall prevail.