Procedural provisions for handling criminal cases

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In order to ensure the implementation of the Criminal Procedure Law of People's Republic of China (PRC), ensure the public security organs to correctly exercise their functions and powers in criminal proceedings, standardize the procedures for handling cases, ensure the quality of handling cases and improve the efficiency of handling cases, these Provisions are formulated. Article 2 The tasks of public security organs in criminal proceedings are to accurately and timely ascertain the facts of crimes, correctly apply the law, punish criminals, protect innocent people from criminal investigation, educate citizens to consciously abide by the law, actively fight against criminal acts, safeguard the socialist legal system, respect and protect human rights, protect citizens' personal rights, property rights, democratic rights and other rights, and promote the smooth progress of socialist construction. Article 3 The basic functions and powers of public security organs in criminal proceedings are to file, investigate and pre-examine criminal cases according to law; Decide and implement compulsory measures; Failing to pursue criminal responsibility according to law and not filing a case, or having filed a case and revoked it; The case that should be prosecuted after the investigation is completed shall be transferred to the people's procuratorate for examination and decision; If a criminal suspect who is not serious enough for criminal punishment needs administrative treatment, he shall be dealt with according to law or transferred to relevant departments for handling; For criminals sentenced to fixed-term imprisonment, if the remaining sentence is less than three months before delivery for execution, they will execute the punishment on their behalf; Execution of criminal detention, deprivation of political rights and deportation. Article 7 When conducting criminal proceedings, public security organs shall establish, improve and strictly implement internal law enforcement supervision systems such as the responsibility system for handling cases and the accountability system for law enforcement faults. In criminal proceedings, when a public security organ at a higher level finds that a decision made or a case handled by a public security organ at a lower level is wrong, it has the right to revoke or change it, or it may instruct a public security organ at a lower level to correct it. The public security organ at a lower level must implement the decision of the public security organ at a higher level, and if it thinks there is an error, it can report it to the public security organ at a higher level while implementing it. Article 10 When handling a criminal case, a public security organ shall apply to the people's procuratorate at the same level for approval of arrest and transfer for examination and prosecution. Twelfth public security organs in handling criminal cases, all localities and departments should strengthen cooperation and perform their duties of investigation and assistance according to law. Public security organs at higher levels shall strengthen supervision, coordination and guidance. Article 20 Where a public security organ at a higher level designates jurisdiction, it shall deliver the written decision on designation of jurisdiction to the public security organ and other relevant public security organs respectively. The public security organ that originally accepted the case will no longer exercise jurisdiction after receiving the decision of the public security organ at a higher level to designate other public security organs for jurisdiction, and shall also transfer the file to the public security organ with designated jurisdiction. If it is necessary to arrest a criminal suspect in a case under designated jurisdiction, the public security organ under designated jurisdiction shall report it to the people's procuratorate at the same level for examination and approval; If it is necessary to initiate a public prosecution, the public security organ shall transfer it to the people's procuratorate at the same level for examination and decision. Article 22 The internal jurisdiction of public security organs over criminal cases shall be determined according to the establishment of criminal investigation institutions and the division of responsibilities. Article 51 If a defense lawyer needs to hire an interpreter when meeting a criminal suspect in custody or under surveillance, it shall be examined by the public security organ. If it meets the requirements, it shall be licensed; For those that do not meet the requirements, notify them to replace them in time. If translators attend the meeting, the detention center or the execution organ of residential surveillance shall examine the license decision document of the public security organ. Fifty-ninth public security organs to obtain evidence from the relevant units and individuals, should be approved by the person in charge of the case handling department, issued a notice of evidence collection. The transferred unit or individual shall stamp or sign the notice, and if it refuses to stamp or sign, the public security organ shall indicate it. When necessary, the content of evidence and the process of obtaining evidence shall be fixed by means of audio or video recording. Article 63 Photographs, videos or copies of physical evidence, copies and copies of documentary evidence, audio-visual materials and electronic data shall be accompanied by a written description of the production process and the original and its storage place, and shall be signed by the producer, the article holder or the relevant personnel of the article holder. Article 64 The public security organ's opinions on approving arrest and prosecution must be faithful to the facts. Whoever intentionally conceals the truth shall be investigated for responsibility according to law. Article 79 If a criminal suspect needs to be released on bail pending trial, an application for release on bail pending trial shall be made, stating the reasons for release on bail pending trial, the protection methods adopted and the regulations to be observed, and a decision on release on bail pending trial shall be made with the approval of the person in charge of the public security organ at or above the county level. The decision on bail pending trial shall be read out to the criminal suspect, who shall sign and print it. Article 90 A police station that executes bail pending trial may order the person released on bail to report the relevant information regularly and make a record. Article 101 If the decision on the guarantor's fine exceeds the time limit for reconsideration, or the original decision is confirmed by the public security organ at a higher level, the public security organ shall promptly notify the designated bank to turn over the guarantor's fine to the state treasury in accordance with the relevant provisions of the state, and notify the organ that decided to obtain bail pending trial within three days. Article 102 Where a guarantor is adopted for a criminal suspect, if the guarantor's situation changes during the period of bail pending trial, and he is unwilling to continue to guarantee or loses the guarantee conditions, he shall be ordered to re-provide the guarantor or pay the deposit, or make a decision to change the compulsory measures. The public security organ in charge of execution shall notify the organ that decided to obtain a guarantor pending trial within three days from the date of finding that the guarantor is unwilling to continue to guarantee or loses the guarantee conditions. Article 106 An application for residential surveillance of a criminal suspect shall be made, stating the reasons for residential surveillance, the ways to adopt residential surveillance and the regulations to be observed, and a decision on residential surveillance shall be made with the approval of the person in charge of the public security organ at or above the county level. The decision on residential surveillance shall be read to the criminal suspect, who shall sign and fingerprint it. Article 113 Where a public security organ decides to monitor residence, it shall be executed by the police station in the place where the residence is monitored or the designated place of residence, and the case-handling department may assist in the execution. When necessary, it can also be executed by the case-handling department, with the assistance of the police station or other departments. Article 121 To detain a criminal suspect, a detention application report shall be filled out and a detention permit shall be made with the approval of the person in charge of the public security organ at or above the county level. When carrying out detention, you must show your detention certificate, and order the detainee to sign the detention certificate and press his fingerprint. If the detainee refuses to sign or fingerprint, the investigator should indicate it. In case of emergency, if one of the circumstances listed in Article 120 of these Provisions is met, the criminal suspect shall be immediately transferred to the public security organ for examination, and the procedures shall be handled according to law. If the public security organ does not arrest the criminal suspect, it shall notify the people's procuratorate that made the detention decision of the implementation and the reasons for not arresting the criminal suspect. If the criminal suspect is at large, the public security organ shall organize its forces to continue the execution before the people's procuratorate cancels the detention decision. Article 134 If the people's procuratorate refuses to approve the arrest and notifies the supplementary investigation, the public security organ shall carry out the supplementary investigation according to the outline of the supplementary investigation of the people's procuratorate. After the supplementary investigation, if the public security organ considers that it meets the conditions for arrest, it shall reapply for approval of arrest. Article 135 If a people's procuratorate refuses to approve an arrest without giving reasons, the public security organ may request the people's procuratorate to give reasons. Article 138 After receiving the decision of the people's procuratorate to approve the arrest, the person in charge of the public security organ at or above the county level shall issue an arrest warrant, execute it immediately, and serve the execution receipt to the people's procuratorate that made the decision to approve the arrest. If it cannot be executed, the receipt shall also be served on the people's procuratorate, and the reasons for the impossibility shall be stated. Article 139 When arresting a person, an arrest warrant must be produced, and the arrested person must be ordered to sign the arrest warrant and press his fingerprint. If the investigator refuses to sign or fingerprint, the investigator shall indicate it. After the arrest, the arrested person shall be immediately sent to the detention center for custody. No fewer than two investigators shall carry out the arrest. Article 141 After the arrest of a criminal suspect, a notice of arrest shall be issued within 24 hours, and the family members of the arrested person shall be notified, unless the notice cannot be given. The notice of arrest shall specify the reasons for the arrest and the place of detention. The provisions of the second paragraph of Article 109 of these Provisions shall apply to the case of "failure to notify" as stipulated in this Article. After the situation that cannot be notified is eliminated, the family members of the arrested person shall be notified immediately. If the family members are not notified within 24 hours, the reasons shall be indicated in the notice of arrest. Article 142 If a people's court or people's procuratorate decides to arrest a criminal suspect or defendant, the public security organ at or above the county level shall issue an arrest warrant according to the legal documents decided by the people's court or people's procuratorate and execute it immediately. When necessary, the people's court or people's procuratorate may be requested to assist in execution. After the arrest, it shall promptly notify the decision-making organ. If the public security organ does not arrest the criminal suspect or defendant, it shall notify the people's procuratorate and the people's court that decided to arrest him, and explain the reasons for not arresting him. If a criminal suspect or defendant is at large, the public security organ shall organize its forces to continue execution before the people's procuratorate or the people's court cancels the arrest decision. Article 149 A detention center shall detain a criminal suspect or defendant who is detained or arrested on the basis of a detention certificate issued by a public security organ. When a criminal suspect or defendant is sent to a detention center for custody, the detention center shall indicate the time when the criminal suspect or defendant arrives at the detention center on the detention certificate and arrest warrant. If it is necessary to temporarily detain a criminal suspect who is wanted or at large because of the task of pursuing or escorting him, he shall, with the approval of the person in charge of the public security organ at or above the county level, send him to the detention center with a wanted order or other relevant legal documents. When a criminal suspect temporarily detained outside the prison leaves the prison, the detention center shall issue a detention permit for the criminal suspect, stating the basic information of the criminal suspect, the reasons for detention and the time of entry and exit. Article 150 When a detention center takes a criminal suspect, defendant or criminal into custody, it shall conduct a health examination and keep records. Article 153 If a criminal suspect is found to be in need of detention, arrest, bail pending trial or residential surveillance during continuous cross-examination, he shall immediately go through legal procedures. Article 154 In the process of compulsory summons, detention, arrest and escort of criminal suspects, binding police equipment shall be used according to law. When violent confrontation or violent crime occurs, uniformed police equipment or weapons can be used according to law. Article 190 When investigating a crime, a public security organ shall keep confidential those involving state secrets, commercial secrets or personal privacy. Article 204 The public security organ shall carefully check the facts of the crime, the facts of innocence or light crime, arguments and disproof confessed by the criminal suspect, and the evidence provided by the criminal suspect to prove his innocence or light crime; Relevant evidence, whether accepted or not, should be truthfully recorded and properly kept, with verification certificates attached. Article 207 The provisions of Articles 201 and 202 of these Provisions shall also apply to the questioning of witnesses and victims. Article 214 If the cause of death has been ascertained and the necessary corpse has not been preserved, the family members shall be notified to take it back for disposal. If the family refuses to take it back after notification, it can be disposed of in time with the approval of the person in charge of the public security organ at or above the county level. . Article 226 After being registered, photographed, videotaped or appraised, the property and documents that are inconvenient to extract as evidence of a crime may be handed over to the property and document holder for safekeeping or sealing, and a list of registration and preservation shall be made in duplicate, which shall be signed by the investigator, the holder and the witness, one for the property and document holder, and the other with photos or videos for future reference. Property and certificate holders shall keep them properly and shall not transfer, sell or damage them. Article 229 If the ownership of the victim's lawful property and its fruits is clear and uncontroversial, and the facts of the suspected crime have been verified, it shall be returned in time after registration, photographing or video recording and evaluation, and the reasons for the return shall be indicated in the case file, and the original photos, lists and procedures received by the victim shall be kept for future reference. If the victim cannot be found, or no one collects it after notifying the victim, the relevant property and its fruits shall be transferred with the case. Article 241 Investigators should do a good job in the storage and inspection of materials, and identify the person in charge of material inspection to ensure the identity and non-pollution of materials in the circulation process. Article 244 If a criminal suspect or victim has objections to the expert opinion and applies for it, the case-handling department or investigator may send the expert opinion to other persons with special knowledge for comment. Ask the appraiser when necessary, and make records attached. Article 268 After receiving the wanted order, the public security organ shall promptly organize investigation. After being arrested, the criminal suspect shall be reported to the person in charge of the public security organ at or above the county level for approval, detained with a wanted order or relevant legal documents, and notified to the issuing organ of the wanted order to go through the verification and transfer procedures. Article 269 Where it is necessary to take border control measures against criminal suspects at the port, a notice of the object of border control shall be issued in accordance with the regulations, which shall be submitted to the provincial public security organ for approval after being examined by the person in charge of the public security organ at or above the county level, and border control measures shall be taken nationwide. If it is necessary to restrict the personal freedom of a criminal suspect, relevant legal documents shall be attached. If the situation is urgent and border control measures need to be taken, the public security organ at or above the county level may issue an official letter to hand over the control to the local border checkpoint first, but it shall handle the border control measures nationwide in accordance with the prescribed procedures within seven days. Article 271 A wanted order and a notice of reward shall be widely published, and may be published through radio, television, newspapers and computer networks. . . Article 301 Criminals deprived of political rights shall abide by the following provisions during the execution: (1) Abide by state laws, administrative regulations and relevant regulations formulated by the Ministry of Public Security and obey supervision and management; (two) do not enjoy the right to vote and to be elected; (three) shall not organize or participate in assembly, procession, demonstration and association activities; (four) shall not publish, produce and distribute books, audio-visual products; (5) No interviews or speeches; (six) shall not be published at home and abroad that is detrimental to the honor and interests of the state or other social harm; (seven) shall not serve as a state organ; (eight) shall not hold leadership positions in state-owned companies, enterprises, institutions and people's organizations. Article 302 If a criminal deprived of political rights violates the provisions of Article 301 of these Provisions and does not constitute a new crime, the public security organ may impose administrative penalties for public security according to law. If an investigation report is made, the investigation report and the case file shall be transferred to the people's procuratorate together with the comprehensive consideration of the case when it is submitted for approval of arrest and transfer for review and prosecution. Article 321 The handling of juvenile criminal cases shall be handled in accordance with other provisions of these Provisions, except those already provided for in this Section. Article 330th After the public security organ has transferred the opinion of confiscation of illegal income to the people's procuratorate, if the fugitive criminal suspect surrenders or is arrested, the public security organ shall promptly notify the people's procuratorate at the same level. Article 337 If the obtained criminal clues do not belong to their own jurisdiction, they shall be promptly handed over to the public security organ or other relevant departments with jurisdiction. Article 341 Where a public security organ in a different place requests an investigation on the identity, age and criminal experience of a criminal suspect, the public security organ in the place where the investigation is conducted shall, within seven days after receiving the notice, notify the public security organ requesting the investigation of the results of the investigation; In remote areas where traffic is very inconvenient, the public security organ requesting the investigation shall be informed of the investigation results within 15 days. If a public security organ in a different place requests assistance in investigation and evidence collection or inquires about criminal information, the cooperative public security organ shall promptly investigate and give feedback. Article 342 Where it is necessary to inquire, seal up, detain or freeze property and documents related to a crime in a different place, the executor shall contact the public security organ at or above the county level in the cooperative place with relevant legal documents, letters of cooperation in handling cases and work certificates, and the public security organ in the cooperative place shall assist in the execution. In case of emergency, the Notice of Cooperation in Handling Cases and relevant legal documents can be faxed to the public security organ at or above the county level, and the public security organ shall take timely measures. The entrusted public security organ shall immediately send personnel to deal with it cooperatively. Article three hundred and forty-three If serious consequences are caused by failure to perform the duties of case handling cooperation, administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible personnel; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 344 The public security organ in the cooperative place shall, in accordance with the requirements of the public security organ in the requesting place, bear the legal responsibilities arising from the cooperative performance of the duties of handling cases. Article 349 If a criminal suspect is a foreigner who enjoys diplomatic and consular privileges and immunities, he shall report to the Ministry of Public Security and notify the Foreign Affairs Office of the people's government at the same level, and the Ministry of Public Security shall handle it through diplomatic channels in consultation with the Ministry of Foreign Affairs. Article 358 After a criminal suspect of foreign nationality has made a decision on bail pending trial, residential surveillance, detention or arrest according to law, the provincial public security organ shall, in accordance with relevant regulations, notify the embassy or consulate of the country to which the foreigner belongs of his name, gender, entry time, passport or certificate number, time and place of the crime, main facts of the suspected crime, compulsory measures taken and legal basis, and report to the Ministry of Public Security. With the approval of the provincial public security organs, the sub-provincial city public security bureau with heavy consular notification task can directly exercise the consular notification function. If a foreigner dies during the investigation or execution of a penalty by a public security organ, the relevant provincial public security organ shall notify the embassy or consulate in China of the nationality of the foreigner and report it to the Ministry of Public Security at the same time. Countries that have not established embassies or consulates in China may notify the host country, embassies and consulates in China; If there is no escrow country or the escrow country is unknown, it may not be notified. Article 361 The provincial public security organ shall, after receiving the copy of criminal judgment and the notice of execution from the people's court, designate the municipal public security organ in the district where the foreigner is located to execute it. If a foreigner sentenced to fixed-term imprisonment should be executed with the penalty of deportation after the expiration of the principal punishment, the provincial public security organ shall, after receiving the copy or photocopy of criminal judgment and the notice of execution handed over by the prison executive department at a higher level, designate the municipal public security organ in the district where the foreigner is located to execute it. According to international treaties or the Regulations of People's Republic of China (PRC) on Diplomatic Privileges and Immunities, the China government declared foreigners who committed crimes but enjoyed diplomatic or consular privileges and immunities as persona non grata or refused to recognize their diplomatic or consular status, and ordered them to leave the country within a time limit. If the foreigner does not leave the country without justifiable reasons, the Ministry of Public Security shall designate the provincial public security organ where the foreigner is located by the official document of the Ministry of Foreign Affairs to be responsible for the execution or supervise the execution. Article 362 The relevant provisions of other chapters of these Provisions shall apply to handling foreign-related criminal cases not provided for in this Chapter. Article 363 The provisions of this Chapter shall apply to cases of crimes committed by stateless persons. Article 366 On the premise of not violating relevant international treaties and agreements and Chinese laws, public security organs at the city and county levels in China's border areas and public security organs in neighboring countries can carry out police cooperation with each other in law enforcement meetings, personnel exchanges, border control and information exchange in accordance with the usual practice, but they should be reported to the provincial public security organs for approval and to the Ministry of Public Security for the record.