The Supreme People's Court the Supreme People's Procuratorate Ministry of Public Security, Ministry of National Security, Ministry of Justice, the National People's Congress Standing Committee (NPCSC) Law Committee (Provisions on Several Issues Concerning the Implementation of the Criminal Procedure Law) 1. Jurisdiction 1. When investigating corruption and bribery cases under the jurisdiction of the people's procuratorate, the public security organ shall transfer the corruption and bribery cases to 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. 2. Article 24 of the Criminal Procedure Law stipulates: "A criminal case shall be under the jurisdiction of the people's court of the place where the crime was committed." The "place of crime" stipulated in the Criminal Procedure Law includes the place where the crime occurred and the place where the result occurred. 3. Under any of the following circumstances, the people's court, the people's procuratorate and the public security organ may handle it together within the scope of their duties: (1) one person commits a crime; (2) * * * same crime; (3) * * * The criminal suspect or defendant who committed the same crime also committed other crimes; (4) The crimes committed by multiple suspects and defendants are related, and the merger of cases is conducive to finding out the facts of the case. 2. national defense and institutions 4. People's courts, people's procuratorates, public security organs, state security organs, prisoners, people's jurors, foreigners or stateless persons and people who have an interest in this case may not act as defenders. However, the above-mentioned persons are guardians or close relatives of the criminal suspect or defendant, and if the criminal suspect or defendant entrusts them as defenders, they may be allowed. A person without capacity or with limited capacity may not act as a defender. A defender shall not defend two or more criminal suspects and defendants in the same case, nor shall he defend two or more criminal suspects and defendants who have not been dealt with in the same case but are related to their crimes. 5. Articles 34, 267 and 286 of the Criminal Procedure Law provide for legal aid. If a people's court, a people's procuratorate or a public security organ notifies a legal aid institution to appoint a lawyer to provide defense or legal aid in accordance with the above provisions, the legal aid institution shall appoint a lawyer within three days after receiving the notice, and notify the people's court, the people's procuratorate and the public security organ in writing of the lawyer's name, unit and contact information. 6. Article 36 of the Criminal Procedure Law stipulates: "Defense lawyers may 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. " According to the above provisions, during the investigation, the defense lawyer can learn from the investigation organ about the charges charged by the criminal suspect and the main criminal facts that have been ascertained at that time, the situation that the criminal suspect was taken, changed or relieved of compulsory measures, and the situation that the investigation organ extended the investigation detention period. 7. Paragraph 2 of Article 37 of the Criminal Procedure Law stipulates: "If a defense lawyer holds a lawyer's practice certificate, a certificate from a law firm, a power of attorney or a letter of legal aid and requests to meet with a criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest." According to the above regulations, if the defense lawyer requests to meet with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time to ensure that the defense lawyer can meet with the criminal suspect or defendant in custody within 48 hours. 8. Paragraph 1 of Article 41 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, apply to the people's procuratorate or the 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. 9. Paragraph 2 of Article 42 of the Criminal Procedure Law stipulates: "Anyone who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. " According to the above provisions, if a public security organ or a people's procuratorate finds that a defender is suspected of committing a crime, or accepts the accusation, complaint, report or transfer from the relevant authorities, and it is considered to meet the conditions for filing a case according to the division of investigation jurisdiction, it shall report to the investigation organ at the next higher level of the investigation organ that handles the case of the defender in accordance with the provisions, designate other investigation organs to file a case for investigation, or file a case for investigation by the investigation organ at the next higher level. The investigation organ at a lower level of the investigation organ that shall not appoint a defender to undertake the case shall file a case for investigation. 10. Article 47 of the Criminal Procedure Law stipulates: "Defenders and agents ad litem have the right to appeal or accuse public security organs, people's procuratorates, people's courts and their staff members of obstructing them from exercising their litigation rights according to law. The people's procuratorate shall promptly examine the complaint or accusation. If the situation is true, it shall notify the relevant authorities to correct it. " The people's procuratorate shall, within 10 days after accepting the complaint or accusation of the defender or agent ad litem, give a written reply to the defender or agent ad litem who filed the complaint or accusation. Three. Evidence 1 1. The first paragraph of Article 56 of the Criminal Procedure Law stipulates: "In the course of court hearing, if a judge thinks that there may be illegal evidence collection as stipulated in Article 54 of this Law, he shall conduct a court investigation on the legality of the evidence collection." After reviewing the relevant clues or materials provided by the parties, their defenders and agents ad litem, the court considers that there may be cases of collecting evidence by illegal means as stipulated in Article 54 of the Criminal Procedure Law, and shall conduct a court investigation on the legality of evidence collection. The order of court investigation is decided by the court according to the trial of the case. 12. Article 62 of the Criminal Procedure Law stipulates that witnesses, expert witnesses and victims can take protective measures of "not disclosing their real names, addresses, work units and other personal information". If the people's courts, people's procuratorates and public security organs decide not to disclose the real names, addresses, work units and other personal information of witnesses, experts and victims according to law, they may use pseudonyms instead of personal information of witnesses, experts and victims in legal documents and evidence materials such as judgments, rulings, indictments and transcripts of inquiries. However, if a pseudonym is used, it shall be explained in writing, marked with classification and recorded separately. Defense lawyers, with the permission of the court, examine
Legal objectivity:
Article 120 of the Criminal Procedure Law: When an investigator interrogates a criminal suspect, he should first ask whether the criminal suspect has committed a crime, let him state the plea of guilt or innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case. When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and truthfully confess the legal provisions that his crime can be dealt with leniently and pleaded guilty and given a lighter punishment.