1. If the indictment of the criminal case is public, it can be queried on the China Procuratorate Network 12309, but personal information and anonymity are hidden.
Guidelines for Publication of Legal Documents in Criminal Cases
Rule 1. When the People's Procuratorate prepares legal documents, it shall promptly serve and make public announcements to the parties, other litigation participants and relevant units in accordance with the law.
Rule 2. The legal documents issued by the People's Procuratorate to cancel the case and disapprove the arrest can be viewed on the electronic touch screen set up in our hospital.
Rule 3. The following legal documents produced by the People's Procuratorate shall be published on the People's Procuratorate case information disclosure system:
(1) Prosecutions and protests in criminal cases in which judgments and rulings made by the People's Court have taken effect;
(2) Decision not to prosecute;
(3) Criminal complaint review decision;
(4) Other legal documents that the Supreme People’s Procuratorate deems should be published in the system.
The People’s Procuratorate shall not publish internal working documents in the case information disclosure system.
Article 4? When the People's Procuratorate publishes legal documents on the case information disclosure system, it shall use symbol substitution to anonymize the names of the following parties and other litigation participants:
(1) Victims of criminal cases and their legal representatives, Witnesses and appraisers;
(2) People who are not prosecuted in the decision not to prosecute;
(3) Those who have been sentenced to fixed-term imprisonment of less than three years are exempted from criminal punishment and are not recidivists, Recidivist defendant.
If the parties or other litigation participants request to disclose their names and submit a written application, subject to verification by the person in charge, review by the person in charge of the case handling department, and approval by the deputy prosecutor, the corresponding anonymity may not be made.
Article 5? When the People's Procuratorate publishes legal documents on the case information disclosure system, it shall block the following content:
(1) Personal information such as home address, communication method, ID number, bank account number, and health status of natural persons;
(2) Information related to minors;
Bank accounts of legal persons and other organizations;
(4) Information involving state secrets, business secrets and personal privacy Information;
(5) The information that needs to be blocked can be directly or logically inferred based on the content expressed in the document;
(6) Other content that should not be disclosed.
Article 6? The person handling the case shall, within ten days after the case is concluded or after receiving the effective judgment or ruling from the people's court, conduct confidential review and technical processing of the legal documents that need to be disclosed in accordance with these regulations, report them to the department head for review, and obtain approval from the deputy prosecutor or the chief prosecutor. After approval, it is submitted to the case management department for review and release.
Legal documents that need to be submitted to the superior People’s Procuratorate for filing and review shall be issued in accordance with the provisions of the preceding paragraph within ten days after filing and review.
Article 7? Legal documents disclosed to the public shall be consistent with the contents of the legal documents served to the parties, except for the technical processing required in accordance with these regulations.
2. The relatively public version is complete, involves personal information, and is served to the parties and agents in accordance with the law, which is stipulated in the Criminal Procedure Law. The relevant provisions are as follows:
Criminal Procedure Law
Article 53: Public security organs approving an arrest, the People's Procuratorate prosecuting, and the People's Court making judgments must be faithful to the facts. Anyone who deliberately conceals the truth must be held accountable.
Article 186: After reviewing a case for public prosecution, if the criminal facts alleged in the indictment are clear, the People's Court shall decide to open a trial.
Article 187: After the People's Court decides to hold a trial, it shall determine the members of the collegial panel and serve a copy of the People's Procuratorate's indictment to the defendant and his defender ten days before the hearing.
Before the trial, the judge can convene the prosecutor, parties, defenders, and litigation agents to learn about issues related to the trial such as recusal, the list of witnesses appearing in court, the exclusion of illegal evidence, and listen to their opinions.
After the People's Court determines the date of the hearing, it shall notify the People's Procuratorate of the time and place of the hearing, summon the parties, and notify the defender, agent ad litem, witnesses, appraisers and translators. Summons and notices should be served at least three days before the court date. For cases that are to be heard in public, the cause of the case, the name of the defendant, the time and location of the hearing shall be announced in advance three days before the hearing.
The above-mentioned activities shall be recorded in the transcript and signed by the trial personnel and the clerk.
Article 191: After the public prosecutor reads out the indictment in court, the defendant and the victim may make statements regarding the crimes charged in the indictment, and the public prosecutor may interrogate the defendant.
Victims, plaintiffs, defenders, and litigation agents in attached civil litigation may ask questions to the defendant with the permission of the presiding judge.
The judge can interrogate the defendant.
Article 291: In cases of corruption and bribery crimes, as well as cases of crimes that seriously endanger national security or terrorist activities approved by the Supreme People's Procuratorate, if the criminal suspects or defendants are outside the country, the supervisory agencies and public security agencies will transfer them for prosecution. If the People's Procuratorate believes that the criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal liability should be investigated in accordance with the law, it may initiate a public prosecution in the People's Court. After review, if the criminal facts alleged in the indictment are clear and meet the applicable conditions for trial in absentia procedures, the People's Court shall decide to hold a trial.
The cases in the preceding paragraph shall be tried by a collegial panel composed of the place where the crime was committed, the defendant's place of residence before leaving the country, or the intermediate people's court designated by the Supreme People's Court.
Article 292 The People’s Court shall serve the summons and a copy of the People’s Procuratorate’s indictment on the defendant through judicial assistance stipulated in relevant international treaties, diplomatic channels, or other means permitted by the law of the defendant’s location. people. After the summons and copy of the indictment are served, if the defendant fails to appear in court as required, the people's court shall hold a hearing, make a judgment in accordance with the law, and dispose of the illegal gains and other property involved in the case.