Chapter I General Provisions Article 1 In order to further deepen the openness of procuratorial work, enhance the transparency of handling criminal appeal cases, accept social supervision, ensure the quality of handling cases, promote the resolution of social contradictions, safeguard the legitimate rights and interests of complainants and improve the credibility of law enforcement, this Law is formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Provisions of the People's Procuratorate on the Examination of Criminal Appeal Cases and other relevant laws and regulations, and in combination with the actual situation of criminal appeal procuratorial work. Article 2 The term "public review" as mentioned in these Provisions refers to the activities of the people's procuratorate in handling criminal appeal cases that are not satisfied with the decision of the procuratorial organs, and in accordance with the needs of handling cases, taking public forms such as public hearings and handling cases fairly according to law. Article 3 The people's procuratorates shall follow the following principles when openly examining criminal appeal cases: (1) Legality, openness and fairness; (two) to safeguard the legitimate rights and interests of the parties; (three) to safeguard the authority of the national legal system; (four) to facilitate the complainant and other participants. Article 4 The public examination of criminal appeal cases by people's procuratorates includes public hearing, public evidence, public debate and public defense. The same case can be made public in one form or in many forms. Article 5 The people's procuratorate may apply the procedure of public examination to criminal appeal cases according to the facts of the case, applicable laws or social influence, except the following circumstances: (1) The case involves state secrets, commercial secrets or personal privacy; (2) The complainant is unwilling to make a public examination; (3) A minor commits a crime; (four) there are other circumstances that are not suitable for public evaluation. Article 6 The procedure of public examination of criminal appeal cases shall be conducted in public, but confidentiality shall be maintained for informants. Chapter II Participants and Responsibilities of the Public Examination Article 7 The public examination activities shall be organized by the people's procuratorate handling the case and the moderator shall be appointed. Article 8 The People's Procuratorate shall, according to the specific circumstances of the case, invite the people's congress deputies, CPPCC members, people's supervisors, special prosecutors, expert advisory committees, people's mediators or residents' committees and villagers' committees, as well as experts and scholars who have no interest in the case to participate. The person who accepts the invitation of the people's procuratorate to participate in public examination activities is called the invitee, and the person who participates in the hearing is called the hearing officer. Article 9 The persons participating in the public examination activities include: the case undertaker, the clerk, the specially invited persons, the complainant and his entrusted agent, other parties to the original case and his entrusted agent. Other personnel approved by the People's Procuratorate may also participate in public examination activities. Article 10 The undertaker of the original case or the undertaker of the original review case shall be responsible for clarifying the facts, evidence and legal basis identified in the original handling decision or the original review decision. The undertaker of the review case is responsible for clarifying the facts and evidence identified in the review, and explaining and explaining related issues. The clerk is responsible for recording all the activities of the public examination. According to the needs of the case, audio and video recordings can be made. Article 11 If the complainant, other parties to the original case and their entrusted agents think that the invitee has an interest in the case, which may affect the fair handling, they have the right to apply for withdrawal. If you apply for withdrawal, you shall explain the reasons. The withdrawal of invited guests shall be decided by the competent attorney general. Article 12 The complainant, other parties to the original case and their entrusted agents may question or maintain their opinions on the original decision, and may state facts, reasons and basis; With the permission of the host, you can ask questions to the case undertaker. Thirteenth invited personnel can ask questions to the relevant personnel who participate in the public examination activities, and express their opinions on the facts, evidence, applicable laws and handling of the case. The persons invited to participate in the public appraisal activities shall be objective and fair. Chapter III Preparation for Public Examination Article 14 With the consent of the complainant, the people's procuratorate may conduct public examination on its own initiative or decide to conduct public examination upon the application of the complainant and his entrusted agent. Fifteenth people's Procuratorate intends to conduct a public examination, the examination case undertaker shall fill in the "Approval Form for Submitting Public Examination", which shall be audited by the department head and reported to the chief procurator for approval. Sixteenth public examination activities should be conducted in the people's Procuratorate. For the convenience of the complainant and other participants, it may also be conducted at the place designated by the people's procuratorate. Article 17 Before conducting public appraisal activities, the following preparations should be made: (1) Determine the persons invited to participate in public appraisal activities, and inform the invited persons of the time, place and basic information of the case seven days before the activities are held, so as to facilitate them to be familiar with the case. (2) Inform the complainant and other participants of the time, place and inviter of the public review seven days before the event. Inform the complainant who has no entrusted agent that he can entrust an agent. (three) notify the original case undertaker or the original review case undertaker to provide convenience for them to familiarize themselves with the case again. (four) to develop a public review plan. Chapter IV Procedures for Public Hearing Article 18 The People's Procuratorate may hold a hearing on the following criminal appeal cases, publicly state the facts and evidence involved, present evidence and debate, fully listen to the opinions of the hearing officers, and handle them fairly according to law: (1) The case is major, complicated and difficult; (two) it is difficult to solve through other forms of public examination; (3) It is necessary to hold a hearing. Article 19 The trial shall be conducted after the criminal appeal case is filed and before the reexamination decision is made. Twentieth hearing shall be invited to participate in the hearing, the number of hearing officers is more than three. Article 21 The hearing shall be held according to the following procedures: (1) The host announces the beginning of the hearing; Announce the list of hearing officers and other participants, the rights and obligations enjoyed by the complainant and his entrusted agent, and the hearing discipline. (two) the host introduced the basic situation of the case and the hearing topics. (3) The complainant, other parties to the original case and their entrusted agents state the facts, reasons and basis. (four) the original case undertaker and the original review case undertaker explain the facts and legal basis of the original decision and the original review decision, and produce relevant evidence. Review the relevant evidence obtained by the case undertaker in supplementary investigation. (5) The complainant, other parties to the original case, their entrusted agents and the case undertaker may ask each other questions or make supplementary statements with the permission of the host. You can debate controversial issues. (six) the hearing officer may ask questions to the case undertaker, the complainant and other parties to the original case and express their opinions on the facts and evidence of the case. (seven) the host announced the adjournment, and the hearing officer reviewed the case. The hearing officer shall, according to the facts and evidence of the hearing, express opinions on the handling of the case and vote to form a hearing opinion. The expert opinion of the hearing shall be the opinion of the majority of the hearing officers. (eight) announced by the hearing representative hearing opinions. (nine) the final statement of the complainant, other parties to the original case and their entrusted agents. (ten) the host announced the end of the hearing. Twenty-second hearing transcripts after examination, shall be signed or sealed by the participants in the hearing. The hearing record shall be attached. Twenty-third review the case undertaker shall, according to the facts and evidence of the case that have been identified, combined with the opinions of the hearing, put forward opinions on handling the case according to law. After collective discussion by the department, the person in charge will review it and report it to the chief procurator for decision. If the opinions on handling cases are inconsistent with those on trial and appraisal, they shall be submitted to the procuratorial committee for discussion. Article 24 If a people's procuratorate tries a criminal appeal case in public by means of public evidence, public debate and public defense other than public hearing, it may refer to the procedure of public hearing. Take other forms to openly review criminal appeal cases, simplify procedures and pay attention to actual results according to the specific circumstances of the case. Article 25 For a criminal appeal case in which the complainant has a serious misunderstanding of the facts and evidence of the case, the people's procuratorate may show the relevant evidence and publicly show the evidence to dispel the complainant's doubts. Article 26 The people's procuratorate may conduct public argumentation on difficult criminal appeal cases in which the application of the law is controversial, so as to solve the relevant disputes and correctly apply the law. Twenty-seventh criminal appeal cases after the verdict, the people's Procuratorate can answer publicly, do a good job of explanation, explanation and education, to prevent and resolve social contradictions. Chapter V Other Provisions Article 28 The public examination of criminal appeal cases shall be conducted within the prescribed time limit for handling cases. Twenty-ninth in the process of public examination of criminal appeal cases, there are circumstances that make the public examination impossible, and the public examination can be suspended. After the reasons for suspending the public examination disappear, the people's procuratorate may decide whether to resume the public examination activities according to the circumstances of the case. Thirtieth according to the "people's Procuratorate non prosecution case public review rules" after the public review, the same case review appeal can no longer be held in public hearing. Thirty-first in accordance with the provisions of the people's Procuratorate on the work of letters and visits, a petition hearing has been held, and a public hearing may not be held when reviewing the same case. Article 32 The meanings of the following terms in these Provisions are as follows: (1) The complainant refers to the person who files a complaint among the parties, their legal representatives and their close relatives. (2) Other parties to the original case refer to other parties to the original case except the complainant. (three) the case undertaker includes the original case undertaker, the original review case undertaker and the review case undertaker. The original case undertaker refers to the case undertaker who made the decision to terminate the lawsuit; The undertaker of the original review case refers to the undertaker who made the original review decision; The undertaker of the review case refers to the undertaker of the reviewed case. Chapter VI Supplementary Provisions Article 33 These Provisions shall come into force as of the date of promulgation, and the Provisions of the People's Procuratorate on the Procedures for Public Examination of Criminal Appeal Cases (Trial) promulgated on May 24, 2000 shall be abolished at the same time. Article 34 the Supreme People's Procuratorate shall be responsible for the interpretation of these Provisions. There are problems that need to be solved by communication. If you don't know the content, you want to know more. I suggest you seek the help of an online lawyer in time.
Legal objectivity:
Article 171 of the Criminal Procedure Law of People's Republic of China (PRC), when examining a case, the people's procuratorate must ascertain: (1) whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature and charges of the crime are correctly determined; (two) whether there are any omission crimes and other persons who should be investigated for criminal responsibility; (3) Whether criminal responsibility should be investigated; (4) Whether there are incidental civil actions; (5) Whether the investigation activity is legal.