(1adopted at the third meeting of the Standing Committee of the Fifth Shandong Provincial People's Congress on May 28th, 980)
The Standing Committee of Shandong Provincial People's Congress heard reports from the Provincial Higher People's Court, the Provincial People's Procuratorate and the Provincial Public Security Department on the implementation of the Criminal Procedure Law. The meeting held that the people's courts, people's procuratorates and public security organs at all levels in our province, with the support of party Committee leaders at all levels and relevant departments, have done a lot of work for the implementation of the criminal law and the criminal procedure law; However, there are still some practical difficulties in fully implementing the criminal procedure law. Therefore, according to the spirit of the resolution on the implementation of the criminal procedure law at the 14th meeting of the National People's Congress Standing Committee (NPCSC), it is decided to approve the following planning opinions on the implementation of the criminal procedure law put forward by the Provincial Higher People's Court, the Provincial People's Procuratorate and the Provincial Public Security Department:
First, in view of the shortage of investigators, the inexperience of cadres' business and the lack of transportation needed for handling cases, it is indeed difficult to handle investigation and prosecution cases within the time limit prescribed by the Criminal Procedure Law. In 1980, this time limit can be extended appropriately:
1. Article 92 of the Criminal Procedure Law stipulates that the time limit for detaining the defendant for investigation shall not exceed two months, which may be extended to three months. Other provisions of this article on the duration of detention shall still be implemented.
2. For cases transferred or exempted from prosecution by public security organs, the people's procuratorate shall make a decision within one month as far as possible according to the provisions of Article 97 of the Criminal Procedure Law. For major and complicated cases stipulated in Article 15 of the Criminal Procedure Law and criminal cases of first instance under the jurisdiction of the Intermediate People's Court, if the people's procuratorate cannot make a decision on time after an extension of half a month, it may extend it for another half a month.
All kinds of cases tried by the people's courts shall be handled in full accordance with the provisions of the Criminal Procedure Law from July 1 day.
Second, the flagrante delicto who should be arrested or the major criminal suspect who needs to be detained should still be handled in accordance with the regulations on arrest and detention and the Criminal Procedure Law, and this resolution may not be invoked to extend the legal time limit for detaining criminals.
Three, for the public prosecution cases tried by the people's court, except for minor crimes agreed by the people's court, the people's procuratorate shall, in accordance with the provisions of Article 112 of the Criminal Procedure Law, send personnel to appear in court to support the public prosecution.
Four, courts, procuratorates, public security organs and judicial administrative organs, should continue to pay close attention to the deployment and training of cadres, enrich the handling power, improve their professional level. In particular, it is necessary to establish lawyers' organizations and develop lawyers' business. People's governments at all levels should help courts, procuratorates and public security organs solve practical difficulties encountered in their business. The implementation of criminal law and criminal procedure law plays an important role in cracking down on enemies, punishing crimes, protecting people, maintaining social order, consolidating and developing the political situation of stability and unity, and ensuring socialist modernization. All localities should continue to carry out in-depth publicity and education on the legal system, enhance the legal concept of cadres and the masses, and call on cadres at all levels to implement and abide by the law in an exemplary manner. People's courts, people's procuratorates and public security organs at all levels should be responsible for the division of labor, cooperate with each other, restrict each other, give full play to their functions, ensure that laws are strictly observed and violators are prosecuted, and ensure the full implementation of the Criminal Procedure Law.