The new criminal procedure law 202 1 was implemented on March 1.

Legal subjectivity:

First, the litigation rights of criminal suspects are effectively guaranteed in the investigation stage. The defense system is an important system to ensure that criminal suspects and defendants exercise their right to defense according to law in criminal proceedings. The new Criminal Procedure Law focuses on improving the legal status and role of defenders in criminal proceedings. Articles 33 and 96 of the current Criminal Procedure Law stipulate that criminal suspects and defendants may entrust defenders in the stages of examination, prosecution and trial, and only lawyers can be hired to provide legal aid in the investigation stage. Considering that criminal suspects and defendants enjoy the right to defense in the whole process of litigation, the new criminal procedure law adds provisions that criminal suspects have the right to entrust defenders from the day when they are interrogated for the first time by the investigation organ or take compulsory measures. During the investigation, only lawyers can be entrusted as defenders. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. At the same time, a provision is added: "defense lawyers can 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. " This revision further clarifies the legal status of lawyers in the investigation stage, which is conducive to better playing the role of lawyers. The second is to revise and improve the lawyer meeting and marking procedures. The revision of the new Criminal Procedure Law has fully absorbed the relevant provisions of the Lawyers Law, improved the provisions for defense lawyers to meet criminal suspects and defendants in custody, and strengthened the guarantee for lawyers to perform their duties according to law. Article 96 of the current Criminal Procedure Law stipulates that in the investigation stage, for cases involving state secrets, with the approval of the investigation organ, the criminal suspect needs to hire lawyers and lawyers to meet with the criminal suspect in custody. The revised Lawyers Law has made different provisions, stipulating that lawyers have the right to meet criminal suspects and defendants with their lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter. Lawyers are not monitored when they meet criminal suspects and defendants. The new Criminal Procedure Law has absorbed the relevant contents of the Lawyers Law, stipulating that in cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain the permission of the investigation organ when meeting with criminal suspects in custody during investigation. This solves the problem of the connection between the criminal procedure law and the lawyer law, ensures the unity of law and justice, and also solves the practical problems in the investigation work. Article 36 of the current Criminal Procedure Law stipulates that defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials in this case at the stage of examination and prosecution, and can consult, extract and copy the criminal facts accused in this case at the stage of trial. The revised lawyer law expands the scope of defense lawyers' marking in the stage of examination and prosecution. The new Criminal Procedure Law has absorbed the relevant contents of the Lawyers Law, stipulating that defense lawyers can consult, extract and copy the materials of criminal facts accused in this case during the stages of examination, prosecution and trial. The third is to strengthen the legal supervision of investigation measures. In order to further develop the supervision function of legal supervision organs and protect the legitimate rights and interests of citizens, the new Criminal Procedure Law has strengthened the supervision of investigation measures. With the increase of the new Criminal Procedure Law, the parties, their defenders, agents ad litem and interested parties have the right to lodge a complaint or charge against the judicial organs and their staff if they commit any of the following acts: (1) Failing to lift, terminate or change the compulsory measures upon the expiration of the statutory time limit for taking compulsory measures; (2) The bail bond that should be returned has not been returned; (3) Take measures of sealing up, distraining and freezing the property irrelevant to the case; (four) the seizure, seizure and freezing should be lifted; (5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations. The organ that accepts the complaint or accusation shall deal with it in time. Those who are dissatisfied with the handling may appeal to the people's procuratorate at the same level or at the next higher level. Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it. Fourth, supplement and improve the system of excluding illegal evidence. Evidence system is the basic system of criminal proceedings, which plays a key role in ensuring the quality of cases and correct conviction and sentencing. This revision of the Criminal Procedure Law has supplemented and improved the system of excluding illegal evidence. At the same time, it is stipulated that no one can be forced to prove his guilt. The current criminal procedure law stipulates that it is strictly forbidden to extort confessions by torture and collect evidence by other illegal methods. In order to further curb the illegal collection of evidence, such as extorting confessions by torture, and safeguard judicial justice and the legitimate rights of participants in criminal proceedings, the Criminal Procedure Law was revised this time, and after extorting confessions by torture was prohibited, a provision was added that no one should be forced to prove his guilt. At the same time, it is stipulated that confessions of criminal suspects and defendants collected by illegal methods such as extorting confessions by torture, witness testimony and victim statements collected by illegal methods such as violence and threats should be excluded. If the collection of material evidence and documentary evidence in violation of the law may seriously affect judicial justice, it shall be corrected or given a reasonable explanation; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded. The new criminal procedure law stipulates that the people's courts, people's procuratorates and public security organs have the obligation to exclude illegal evidence, and stipulates the investigation procedures for excluding illegal evidence in court trials. The people's procuratorate shall prove the legality of evidence collection in the process of court investigation. The people's court may notify the relevant investigators or other personnel to appear in court to explain the situation. Relevant investigators or other personnel may also request to appear in court to explain the situation. Upon notification by the people's court, the relevant personnel shall appear in court. 5. Standardizing the system of witnesses appearing in court is of great significance for verifying evidence, finding out the case and making a correct judgment. At present, in judicial practice, the problem that witnesses and expert witnesses should testify in court but not appear in court is more prominent, which affects the fairness of the trial and needs to be further standardized. The new criminal procedure law defines the scope of witnesses to testify in court. It is stipulated that the public prosecutor, the party concerned or the defender or the agent ad litem have objections to the witness testimony, which has a great influence on the conviction and sentencing of the case. If the people's court considers it necessary for the witness to testify in court, the witness shall testify in court. If the public prosecutor, the parties, the defenders and the agents ad litem have objections to 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. At the same time, the compulsory court appearance system is stipulated. After being notified by the people's court, if a witness fails to testify in court without justifiable reasons, the people's court may compel him to appear in court. A witness who evades or refuses to testify without justifiable reasons after appearing in court, if the circumstances are serious, shall be detained for not more than ten days with the approval of the president. Considering that forcing the spouse, parents and children to testify against the defendant in court is not conducive to maintaining family relations, it is stipulated that the spouse, parents and children of the defendant should be excluded. The new criminal procedure law also stipulates that witnesses shall be subsidized for transportation, accommodation, catering and other expenses incurred in fulfilling their obligation to testify. The subsidy for witness testimony is included in the operating funds of judicial organs and guaranteed by the government finance at the same level. If a witness from the work unit testifies, the work unit shall not deduct his salary, bonus and other welfare benefits in disguise. Article 49 of the current Criminal Procedure Law stipulates that judicial organs shall ensure the safety of witnesses and their close relatives. In practice, on the one hand, the protection of witnesses and experts can be realized by pursuing the responsibility of retaliation, on the other hand, the protection of witnesses and experts needs to be strengthened in some serious criminal cases. To this end, the new Criminal Procedure Law adds provisions that in cases of crimes endangering national security, terrorist activities, organized crimes of underworld nature, drug crimes, etc., if the personal safety of witnesses, experts, victims or their close relatives is threatened because of testifying in litigation, the people's courts, people's procuratorates and public security organs shall take one or more of the following protective measures: not disclosing personal information such as real name, address and work unit; Take measures such as not exposing appearance and real voice to testify in court; Prohibit specific personnel from contacting witnesses, expert witnesses, victims and their close relatives; Take special protection measures for the person and residence; Other necessary protective measures. According to the new criminal procedure law, 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. It is supplemented that investigators can question witnesses on the spot or at the unit, residence or place proposed by witnesses. The above provisions strengthen the protection of witnesses, experts and victims in some serious criminal cases, which is not only the need to protect citizens' rights, but also of great significance to combating crime. In order to further protect the right of defense of criminal suspects and defendants, the new criminal procedure law has expanded the scope of application of legal aid in criminal proceedings. According to the provisions of the current Criminal Procedure Law, only criminal suspects and defendants who are deaf and blind and have not entrusted a defender due to financial difficulties and other reasons can apply to legal aid institutions, and legal aid institutions should appoint lawyers to provide them with legal aid. The new Criminal Procedure Law extends the scope of this legal aid to criminal suspects and defendants who may be sentenced to life imprisonment or death without entrusting a defender. People's courts, people's procuratorates and public security organs shall also notify legal aid institutions to provide defense for them. This provision will better protect the rights and interests of criminal suspects and defendants. These amendments provide a legal basis for further protecting the defense rights and other rights of criminal suspects and defendants and giving full play to the role of lawyers in criminal proceedings. Seven. Appropriately adjusting the scope of application of summary procedure In order to better allocate judicial resources, improve litigation efficiency, and divert complex cases, it is beneficial to improve litigation efficiency to distinguish different cases and appropriately adjust the scope of application of summary procedure on the premise of ensuring judicial justice. The current criminal procedure law provides summary procedures for public prosecution cases and private prosecution cases that may be sentenced to fixed-term imprisonment of less than three years. According to the needs of judicial practice, the new Criminal Procedure Law changes the scope of cases to be tried by summary procedure: cases under the jurisdiction of grassroots people's courts can be tried by summary procedure if they meet the following conditions: the facts of the case are clear and the evidence is indeed sufficient; The defendant admitted his crime and had no objection to the criminal facts alleged in the indictment; The defendant has no objection to the application of summary procedure. When a people's procuratorate brings a public prosecution, it may suggest that the people's court apply summary procedure. The new criminal procedure law also clearly stipulates that summary procedure is not applicable in any of the following circumstances: the defendant is blind, deaf, dumb or mentally ill who has not completely lost the ability to identify or control his own behavior; Having a significant social impact; * * * Some defendants in the same criminal case plead not guilty or have objections to the application of summary procedure; Others are not suitable for summary trial. Eight. Revising and perfecting the procedure of second instance The new criminal procedure law clearly stipulates the scope of cases that should be tried in the second instance, and at the same time makes restrictive provisions on remanding for retrial. With regard to the procedure of second instance, in order to ensure fair handling of cases, the new Criminal Procedure Law clarifies the scope of hearing cases in the second instance, adding that the people's court of second instance should form a collegiate bench to hear the following cases: the defendant, the private prosecutor and their legal representatives raise objections to the facts and evidence found in the first instance, which may affect conviction and sentencing; Appeal cases in which the defendant was sentenced to death; Cases protested by the people's procuratorate; Other cases that should be heard in court. At the same time, it is stipulated that if the people's court of second instance decides not to hold a hearing, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem. In order to avoid repeated remand for retrial, the new criminal procedure law has improved the remand for retrial system and added provisions. If the defendant appeals or the people's procuratorate protests after the people's court of first instance makes a judgment on a case remanded for retrial due to unclear facts and insufficient evidence, the people's court of second instance shall make a judgment or ruling according to law. According to the current criminal procedure law, it is an important principle of criminal procedure not to increase punishment on appeal. However, in practice, the people's court of second instance sent the case back for retrial, and the people's court at a lower level gave a heavier punishment when retrial, which evaded the principle of not giving a heavier punishment on appeal. For this reason, the new criminal procedure law stipulates that the people's court of second instance shall not increase the defendant's punishment in a case sent back to the people's court of first instance for retrial, except for new criminal facts, which are supplemented by the people's procuratorate. Nine, improve the penalty execution procedures. Penalty execution procedure is an important norm to punish and reform criminals. The new criminal procedure law focuses on improving the provisions of temporary execution outside prison and strengthening the supervision of people's procuratorates on commutation, parole and temporary execution outside prison. Strictly regulate the application of temporary execution outside prison. Temporary execution outside prison is a system of executing punishment outside prison for criminals who meet the statutory conditions. The new criminal procedure law further strictly regulates the procedures of decision, approval and timely imprisonment for temporary execution outside prison. In order to prevent criminals from using this system to escape punishment, illegal means such as bribery are added to criminals who do not meet the conditions for temporary execution outside prison, and the period of temporary execution outside prison is not included in the execution sentence; If a criminal escapes during the temporary execution outside prison, the time of escape shall not be counted in the execution period. Strengthen the supervision of people's procuratorates on commutation, parole and temporary execution outside prison. The new Criminal Procedure Law adds that if a prison or detention center puts forward suggestions on commutation or parole or temporarily executes written opinions outside prison, it shall also send a copy to the people's procuratorate. The people's procuratorate may submit written opinions to the people's court or the approval authority. The criminal procedure law aims at punishing crimes and protecting innocent people from criminal investigation, which is not only related to the stability of the country and the harmony of social order, but also to the basic human rights of citizens such as freedom, honor, property and even life. With the continuous improvement of China's legal system, this "life law" will become more and more advanced and mature.