Two. Article 18 of the Criminal Procedure Law is changed to Article 19 of the Criminal Procedure Law, and the second paragraph is amended as: "The people's procuratorate may file a case for investigation for crimes that infringe upon citizens' rights and obstruct judicial justice, such as illegal detention, extorting confessions by torture, and illegal search. It was discovered by judicial staff in the process of legal supervision of litigation activities.
If a major criminal case of a functionary of a state organ under the jurisdiction of a public security organ needs to be directly accepted by a people's procuratorate, it may be placed on file for investigation upon the decision of a people's procuratorate at or above the provincial level. "
Three. Article 32 of the Criminal Procedure Law is renumbered as Article 33 of the Criminal Procedure Law, and one paragraph is added as the third paragraph: "A person who is dismissed from public office or whose practicing certificate as a lawyer or notary is revoked may not act as a defender, except for the guardian or near relative of a criminal suspect or defendant.
4. One article is added as Article 36 of the Criminal Procedure Law: "Legal aid institutions may send lawyers to be on duty in people's courts, detention centers and other places. The criminal suspect and the defendant did not entrust a defender.
If the legal aid institution fails to appoint a lawyer to defend it, the lawyer on duty shall provide legal advice, suggestions on procedure selection, applications for changing compulsory measures and suggestions on handling cases for the criminal suspect and defendant. "
The people's courts, people's procuratorates and detention centers shall inform the criminal suspects and defendants that they have the right to meet the lawyers on duty, and provide convenience for the criminal suspects and defendants to meet the lawyers on duty.
5. Article 37 of the Criminal Procedure Law is changed to Article 39 of the Criminal Procedure Law, and the third paragraph is amended as: "In criminal cases endangering national security and terrorist activities, defense lawyers shall obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. In the above circumstances, the investigation organ shall notify the detention center in advance. "
6. Change Article 73 of the Criminal Procedure Law into Article 75 of the Criminal Procedure Law, and the first paragraph is amended as: "Residential surveillance shall be conducted at the residence of the criminal suspect or defendant; If there is no fixed residence, it can be executed at the designated residence.
A crime suspected of endangering national security or terrorist activities may be executed at a designated residence with the approval of the public security organ at the next higher level if it may hinder the investigation. However, it shall not be carried out in detention places or special places for handling cases.
7. Article 79 of the Criminal Procedure Law is renumbered as Article 81 of the Criminal Procedure Law, and one paragraph is added as the second paragraph: "When approving or deciding to arrest, the nature and circumstances of the suspected crime of the criminal suspect or defendant, confession, lighter punishment, etc. shall be taken as factors to consider whether social danger may occur."
8. Change Article 106 of the Criminal Procedure Law into Article 108 of the Criminal Procedure Law, and the first item is amended as "(1)" Investigation refers to the work of public security organs and people's procuratorates in collecting evidence and ascertaining the case and related compulsory measures in criminal cases according to the law ".
Nine, change Article 118 of the Criminal Procedure Law into Article 120 of the Criminal Procedure Law, and the second paragraph is amended as a legal provision that investigators should inform criminal suspects of their litigation rights when interrogating them, and truthfully confess that they can be lenient and plead guilty.
10. article 148 of the criminal procedure law is changed to article 150 of the criminal procedure law, and the second paragraph is amended as: "after the people's procuratorate files a case, it may take technical investigation measures according to the needs of investigating crimes and report them to the relevant authorities for implementation in accordance with regulations."
Xi。 Article 160 of the Criminal Procedure Law is changed to Article 162 of the Criminal Procedure Law, and one paragraph is added as the second paragraph: "If a criminal suspect voluntarily confesses, he shall file a case and transfer it with the case, and state the relevant information in the prosecution opinion."
12. One article is added as Article 170 of the Criminal Procedure Law: "The people's procuratorate shall, in accordance with the relevant provisions of this Law and the Supervision Law, examine the cases transferred for prosecution by the supervisory organs. If the people's procuratorate considers it necessary to make supplementary verification after examination, it shall return it to the supervisory organ for supplementary investigation, and may make supplementary investigation on its own if necessary.
The people's procuratorate shall first detain the criminal suspect in the case that the supervisory organ has transferred for prosecution, and the lien measures shall be automatically lifted. The people's procuratorate shall, within ten days after detention, make a decision on whether to arrest, get a bail pending trial or monitor residence. Under special circumstances, the decision time can be extended by one to four days. The period during which the people's procuratorate decides to take compulsory measures shall not be counted in the period of trial and prosecution. "
13. Article 169 of the Criminal Procedure Law is changed to Article 172 of the Criminal Procedure Law, and the first paragraph is amended as: "The people's procuratorate shall make a decision on the case transferred for prosecution by the supervisory organ or the public security organ within one month, and the major and complicated case may be extended for fifteen days.
If a criminal suspect pleads guilty and admits punishment and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to fixed-term imprisonment of more than one year, which may be extended to fifteen days.
14. Article 170 of the Criminal Procedure Law is changed to Article 173 of the Criminal Procedure Law, which is amended as: "When trying a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and record them. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume.
If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his litigation agent on the following matters, and put them on record:
(1) Suspected criminal facts, charges and applicable legal provisions;
(2) Suggestions on a lighter, mitigated or exempted punishment;
(3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment;
(four) other matters that need to listen to opinions.
If the people's procuratorate listens to the opinions of the lawyers on duty in accordance with the provisions of the preceding two paragraphs, it shall provide necessary convenience for the lawyers on duty to know the relevant situation of the case in advance.
15. One article is added as Article 174 of the Criminal Procedure Law: "If a criminal suspect voluntarily pleads guilty and agrees to apply sentencing suggestions and procedures, he shall sign a confession and repentance in the presence of a defender or a lawyer on duty.
If a criminal suspect pleads guilty and admits punishment, it is not necessary to sign a confession and repentance book under any of the following circumstances.
The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior;
(two) the legal representative or defender of the juvenile criminal suspect has any objection to the juvenile's confession and punishment;
(3) Other circumstances in which it is not necessary to sign a confession and repentance. "
16. Article 172 of the Criminal Procedure Law is changed to Article 176 of the Criminal Procedure Law, and one paragraph is added as the second paragraph: "If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the principal punishment, additional punishment and whether probation is applicable. And transfer materials such as guilty plea and guilty plea with the case. "
17. article 173 of the criminal procedure law is changed to article 177 of the criminal procedure law, and the third paragraph is amended as: "in a case where the people's procuratorate decides not to prosecute, the property seized or frozen during the investigation shall be unsealed, sealed up and frozen at the same time.
If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results. "
18. One article is added to Chapter III of Part II as Article 182 of the Criminal Procedure Law: "If a criminal suspect voluntarily and truthfully confesses the suspected criminal facts, has made significant meritorious service or the case involves major national interests, the public security organ may dismiss the case with the approval of the Supreme People's Procuratorate, and the people's procuratorate may decide not to prosecute one or more suspected crimes.
If no prosecution or write-off is made in accordance with the provisions of the preceding paragraph, the people's procuratorate and the public security organ shall promptly deal with the sealed-up, distrained or frozen property and its fruits. "
19. Article 178 of the Criminal Procedure Law is changed to Article 183 of the Criminal Procedure Law, which is amended as: "When trying a case of first instance, a basic people's court or an intermediate people's court shall be composed of three judges, three judges or seven judges and people's jurors. However, a case in which the basic people's court applies summary procedure or quick adjudication procedure may be tried by a single judge.
When trying a case of first instance, the Higher People's Court shall consist of three to seven judges or three to seven judges and people's jurors. "the Supreme People's Court tried cases of first instance, consisting of three to seven judges.
When trying cases of appeal and protest, the people's court shall be composed of three or five judges.
The number of members of the collegial panel shall be odd.
20. Article 185 of the Criminal Procedure Law is renumbered as Article 190 of the Criminal Procedure Law, and one paragraph is added as the second paragraph: "If the defendant pleads guilty and admits punishment, the presiding judge shall inform the defendant of his litigation rights and the legal provisions for pleading guilty and admitting punishment, and examine the voluntariness of his confession and the authenticity and legality of his confession.
2 1. One article is added as Article 201 of the Criminal Procedure Law: "When making a judgment according to law, the people's court shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except in the following circumstances:
(a) the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
(2) The defendant pleads guilty against his will;
(3) The defendant denied the alleged criminal facts.
(4) The charges charged in the prosecution are inconsistent with those found in the trial;
(5) Other circumstances that may affect a fair trial.
If the people's court considers that the sentencing proposal is obviously inappropriate after trial, or the defendant or defender raises objections to the sentencing proposal, the people's procuratorate may adjust the sentencing proposal. If the people's procuratorate fails to adjust the sentencing proposal or it is still obviously inappropriate after adjusting the sentencing proposal, the people's court shall make a judgment according to law.
Twenty-two, the third part of the second chapter is added as the fourth section of the Criminal Procedure Law:
Section 4 Fast Cutting Procedure
"Article 222 In a case under the jurisdiction of a basic people's court that may be sentenced to fixed-term imprisonment of not more than three years, if the facts of the case are clear, the evidence is true and sufficient, and the defendant pleads guilty and agrees to apply the expedited procedure, the expedited procedure may be applied, and the trial shall be conducted by a single judge.
When a people's procuratorate brings a public prosecution, it may suggest that the people's court apply the expedited procedure. "
Article 223 In any of the following circumstances, the expedited procedure is not applicable:
"(1) The defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior.
(2) The defendant is a minor;
(3) The case has a significant social impact;
(4) * * * Some defendants in the same criminal case have objections to the alleged criminal facts, charges, sentencing suggestions or the application of quick adjudication procedures;
(five) the defendant and the victim or their legal representatives have not reached a mediation or settlement agreement on matters such as incidental civil litigation compensation;
(6) Other cases that are not suitable for the speedy adjudication procedure. "
Article 224 of the Criminal Procedure Law applies the expedited procedure to hear cases, and is not limited by the delivery time stipulated in the first section of this chapter. Generally, court investigation and court debate are not conducted, but the opinions of the defender and the final statement of the defendant should be heard before sentencing.
Cases that are tried by the expedited procedure shall be pronounced in court.
Article 225 of the Criminal Procedure Law applies the expedited procedure to hear a case, and the people's court shall conclude the case within 10 days after accepting it. If the term of imprisonment may exceed one year, it may be extended to fifteen days.
Article 226 of the Criminal Procedure Law If, during the trial, the people's court finds that the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility, the defendant pleads guilty against his will, the defendant denies the alleged criminal facts or there are other circumstances that are not suitable for a speedy trial, it shall retry the case in accordance with the provisions of the first or third section of this chapter.
23. Article 250 of the Criminal Procedure Law is changed to Article 261 of the Criminal Procedure Law, and the second paragraph is amended as follows: "If a criminal sentenced to death with a two-year suspension of execution did not intentionally commit a crime during the suspension period, and his sentence should be reduced after the expiration of the suspension period, the executing organ shall submit a written opinion and report it to the Higher People's Court for a ruling.
If the crime is intentional and the circumstances are bad and it is verified that the death penalty should be executed, the Higher People's Court shall report it to the Supreme People's Court for approval; If the death penalty is not executed due to intentional crime, the suspended execution period of death penalty shall be recalculated and reported to the Supreme People's Court for the record. "
24. Change Article 260 of the Criminal Procedure Law into Article 271 of the Criminal Procedure Law, and amend it to read: If a criminal sentenced to a fine fails to pay it at the expiration of the time limit, it shall be enforced by the people's court; If it is really difficult to pay due to irresistible disasters and other reasons, the people's court may postpone, reduce or exempt the payment as appropriate.
Twenty-five, the fifth part adds a chapter as the third chapter.
Chapter III Trial by Default Procedure
"Article 291 Where a criminal suspect or defendant is abroad in a corruption and bribery case and a terrorism case that needs to be tried in time and approved by the Supreme People's Procuratorate, the public security organ of the supervisory organ transfers the case for prosecution, and the people's procuratorate considers that the facts of the crime have been ascertained.
If the evidence is true and sufficient and criminal responsibility should be investigated according to law, a public prosecution can be brought to the people's court.
After the people's court hears the case, if the facts of the crime alleged in the indictment are clear and meet the applicable conditions of the trial by default procedure, it shall decide to hold a hearing.
The case mentioned in the preceding paragraph shall be tried by a collegial panel composed of the place where the crime was committed, the defendant's residence before leaving the country or an intermediate people's court designated by the Supreme People's Court.
Article 292 of the Criminal Procedure Law, the people's court shall serve the defendant with a summons and a copy of the indictment by the people's procuratorate through the means of judicial assistance, diplomatic channels or other means permitted by the law of the defendant's place of residence.
After the copy of the summons and indictment is served, if the defendant fails to appear in court as required, the people's court shall hold a hearing, make a judgment according to law, and deal with the illegal gains and other property involved.
Article 293 of the Criminal Procedure Law. When the people's court tries a case by default, the defendant has the right to entrust a defender, and the close relatives of the defendant may also entrust a defender. If the defendant and his close relatives have not entrusted a defender, the people's court shall notify the legal aid institution to appoint a lawyer to defend him.
Article 294 of the Criminal Procedure Law The people's court shall serve the written judgment on the defendant, his close relatives and defenders. If the defendant or his near relatives are dissatisfied, they have the right to appeal to the people's court at the next higher level. A defender may appeal with the consent of the defendant or his near relatives.
If the people's procuratorate believes that the judgment of the people's court is indeed wrong, it shall lodge a protest with the people's court at the next higher level.
Article 295 of the Criminal Procedure Law If the defendant voluntarily surrenders or is arrested during the trial, the people's court shall retry the case.
"After the judgment or ruling becomes legally effective, if a criminal appears in the case, the people's court shall deliver it for execution. Before executing the penalty, the people's court shall inform the prisoner of his right to object to the judgment or ruling. If a prisoner disagrees with the judgment or ruling, the people's court shall retry it.
If there is a mistake in handling the property of a criminal in accordance with an effective judgment or ruling, it shall be returned and compensated.
Article 296 of the Criminal Procedure Law If the defendant is unable to appear in court due to serious illness and the trial is suspended for more than six months, and the defendant and his legal representative or close relatives apply for or agree to resume the trial, the people's court may conduct a trial in absentia without the defendant appearing in court and make a judgment according to law.
Article 297 of the Criminal Procedure Law stipulates that if the defendant dies, the people's court shall make a ruling to terminate the trial, but if there is evidence to prove the defendant's innocence and the people's court confirms his innocence through trial in absentia, it shall make a judgment according to law.
If the defendant dies in a case retried by the people's court in accordance with the procedure of trial supervision, the people's court may try the case in absentia and make a judgment according to law. "
Twenty-six, the "Criminal Procedure Law" Article 290 is changed to Article 308, which is amended as: "The military security department exercises the right to investigate criminal cases that occur within the military.
The China National Marine Police performs the duties of law enforcement on maritime rights protection, and exercises the right of investigation on criminal cases occurring at sea.
Cases in which criminals commit crimes in prisons shall be investigated by prisons.
The relevant provisions of this Law shall apply to the handling of criminal cases by military security departments, China Marine Police and prisons.
The serial numbers of relevant chapters and articles of the Criminal Procedure Law shall be adjusted accordingly according to this decision.
This decision shall come into force as of the date of promulgation.
The Criminal Procedure Law of People's Republic of China (PRC) is revised and re-promulgated according to this decision.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law
Baidu Encyclopedia-Criminal Procedure Law Amendment