Provisions of the Supreme People's-Civil Law-Court, Supreme People's-People's Procuratorate-Court, Ministry of Public Security, Ministry of National Security, Ministry of Justice, National People's Congress-Legal System Working Committee-Committee Meeting on Several Issues Concerning the Implementation of the Criminal Procedure Law +09 ⑨ 8- 1.
On February 26th, 2006, the Supreme People's Court, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the NPC Law Committee jointly promulgated the new Provisions on Several Issues Concerning the Implementation of the Criminal Procedure Law. At the same time, the General Principles of the Civil Law of the Supreme People's Court also made corresponding provisions. 2006.6868686661719-8 The National People's Congress-Law-System Working Committee of the Ministry of Justice-the Committee meeting on several issues in the implementation of the Criminal Procedure Law was abolished.
manage
1. Cases of corruption and bribery under the jurisdiction of the people's procuratorate shall be transferred to the people's procuratorate-procuratorate; Civil-civil inspection-court investigation-corruption-bribery cases-criminal cases-criminal cases involving the jurisdiction of public security organs-customs transferred to public security organs-customs. In the above situation, if the suspected principal offender is under the jurisdiction of the public security organ-customs, the public security organ-customs will take the lead in investigation-investigation, and the people-people's procuratorate-procuratorate will cooperate; If the suspected principal offender is under the jurisdiction of the people-people's procuratorate-procuratorate, the people-people's procuratorate-procuratorate shall be the main investigation organ-investigation organ, and the public security organ-customs shall 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 criminal act took place and the place where the result took place.
3. Under any of the following circumstances, people-civil law-court, people-people's procuratorate-court, public security-customs can be merged within their functions and duties:
(a) a number of crimes;
(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.
Defense and substitution-rationality
4. People-civil law-courts, people-people's procuratorates-courts, public security-customs, state-homeland security-customs, prison inmates, people-people's jurors, foreigners or stateless persons, and people who are interested 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. For people-civil law-courts, people-people's procuratorates-procuratorates, public security-customs, according to the above provisions, legal aid agencies should appoint lawyers to provide defense or legal aid, and legal aid agencies should appoint lawyers within three days after receiving the notice, and notify people-civil law 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 and legal assistance to criminal suspects during investigation; Generation-cause-complaint, control-complaint; Apply for changing compulsory measures; Conduct an investigation-check the machine-understand the suspected crimes of the criminal suspect and the relevant situation of the case, and make comments. " According to the above provisions, during the investigation-investigation, defense lawyers can learn from the investigation-inspection-customs about the charges charged by the criminal suspect and the main criminal facts that have been found out at that time, the situation that the criminal suspect has been taken, changed and lifted compulsory measures, and the situation that the investigation-inspection-detention-detention period has been extended by the investigation-inspection-customs.
7. Paragraph 2 of Article 37 of the Criminal Procedure Law stipulates: "If a defense lawyer requests to meet with a criminal suspect or defendant in custody with a lawyer's practice certificate, a law firm certificate and a power of attorney, and a letter of legal aid, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest." According to the above provisions, 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 meets 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 the witness or other relevant units and individuals, the defense lawyer may collect materials related to the case, or the applicant-people's procuratorate-procuratorate, civil law-court may collect and collect evidence, or the applicant-civil law-court may notify the witness to testify in court." For defense lawyer applicants-people's procuratorates-courts and people-civil-courts to collect and collect evidence, if people-people's procuratorates-courts and people-civil-courts think it is necessary to investigate and collect evidence, people-people's procuratorates-courts and people-civil-courts shall collect and collect evidence, and shall not issue a decision allowing lawyers to collect and investigate.
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 the defender is suspected of committing a crime, he shall conduct investigation-inspection-closing-handling in addition to case investigation-inspection-cleaning. " According to the above provisions, public security organs-customs, people-people's procuratorates-procuratorates find that defenders are suspected of committing crimes, or accept reports, complaints, accusations, reports and transfers from relevant organs-customs, and after conducting trial-investigation according to the division of investigation-investigation jurisdiction, if they think that they meet the conditions for filing a case, they shall report to the superior investigation-investigation-prosecution-customs of the case undertaken by defenders in accordance with the provisions. It is not allowed to designate subordinates to investigate-investigate-investigate-investigate-investigate cases-defenders to undertake cases.
10. Article 47 of the Criminal Procedure Law stipulates: "Defenders, agents ad litem and administrators have the right to appeal to the people's court at the same level or at the next higher level if they think that public security, civil prosecution, civil law and their staff members hinder them from exercising their litigation rights and interests according to law. The people-people's procuratorates-procuratorates shall promptly examine and investigate the application-complaint or accusation-complaint, and if the situation is true, notify the relevant airport to correct it. " After accepting the complaints and accusations of defenders, agents ad litem and administrators, people's procuratorates and people's courts shall give a written reply to the defenders, agents ad litem and administrators who filed the complaints and accusations within 10 days.
evidence
1 1. Paragraph 1 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 and their defenders, agents ad litem and administrators, the court considers that there may be cases of illegal collection of evidence 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 people-civil law-court, people-people's procuratorate-court, public security-customs decide not to disclose personal information such as witnesses, experts, victims' real names, addresses and work units according to law, they can use pseudonyms instead of witnesses, experts and evidence materials in legal documents such as judgments, rulings, filing-prosecution-transcripts and inquiry transcripts. However, if a pseudonym is used, it shall be explained in writing, marked with classification and recorded separately. With the permission of the court, a defense lawyer shall sign a confidentiality undertaking when consulting witnesses, experts and victims to use pseudonyms.
Strong restraint measures
13. A criminal suspect or defendant who has been released on bail pending trial, under residential surveillance or under residential surveillance may not leave the city or county where he lives or the place where he lives under residential surveillance or under residential surveillance without justifiable reasons. If there is a justifiable reason to leave the city or county where he lives or the place where he is under supervision-residence-residence, it shall be approved by the executing organ-residence. If bail pending trial, supervision-inspection-residence-residence is decided by the people-civil inspection-court or people-civil law-court, the executing organ-customs shall obtain the consent of the decision-making organ-customs before approving the criminal suspect or defendant to leave the city, county or place under supervision-inspection-residence-residence.
14. Whether the guarantor who has been released on bail has fulfilled the guarantee obligation is decided by the public security bureau and the customs, and the decision on the fine for the guarantor is also decided by the public security bureau and the customs.
15. If the supervised person-video-residence-resident is designated as residence, the supervised person-video-residence-resident is not required to pay this fee.
16. The Criminal Procedure Law stipulates that detention and detention shall be carried out by public security, public security and customs. For cases directly accepted by the people-people's procuratorates-procuratorates, the detention-detention decisions made by the people-people's procuratorates-procuratorates shall be delivered to the public security organs-customs for execution, which shall be executed immediately, and the people-people's procuratorates-procuratorates may assist the public security organs-customs for execution.
17. The decision of the people-people's procuratorate-court to approve the arrest shall be executed immediately by the public security organ-court, and the receipt of execution shall be delivered to the person who approved the arrest-people's procuratorate-court in time. If it cannot be executed, the receipt shall also be served on the people's procuratorate-the procuratorate, and the reasons for the impossibility shall be stated. If the people's procuratorate decides not to approve the arrest, the procuratorate of the public security organ shall immediately release the criminal suspect in custody or change the compulsory measures after receiving the decision, and deliver the execution receipt to the procuratorate of the people's procuratorate that made the decision within three days after receiving the decision.
register
18. Article11of the Criminal Procedure Law stipulates: "People-people's procuratorates-people's courts think that public security organs-customs do not file a case for investigation-investigation, or victims think that public security organs-customs do not file a case for investigation-investigation, but file a case for investigation-investigation-investigation. If the people's procuratorate believes that the reason why the public security customs does not file a case cannot be established, it shall notify the public security customs to file a case, and the public security customs shall file a case after receiving the notice. " According to the above provisions, the public security bureau and the customs shall give a written reply to the people's procuratorate and the procuratorate within seven days after receiving the notice from the people's procuratorate and the procuratorate asking about the reasons for not filing the case. People-people's procuratorates-procuratorates believe that the reason for not filing a case with the Public Security Bureau-Customs cannot be established, and when issuing a notice of filing a case, they shall also transfer relevant materials to the Public Security Bureau-Customs to prove that the case should be filed. After receiving the notice of filing a case, the public security organ-Customs shall decide to file a case within 15 days, and send the decision to the people's procuratorate-Tea Garden.
Investigation-investigation
19. Article 12 1 of the Criminal Procedure Law stipulates: "Investigators may record or video the interrogation process when interrogating a criminal suspect; For cases that may be sentenced to life imprisonment, death penalty or other major crimes, the interrogation process should be recorded or videotaped. " If an investigator records or videos the interrogation process, it shall be indicated in the interrogation record. The people-civil procuratorate-procuratorate, people-civil law-procuratorate may, when necessary, obtain audio or video recordings of interrogating criminal suspects, and the relevant organs shall provide them with confessions in a timely manner.
20. Article 149 of the Criminal Procedure Law stipulates: "The approval decision shall determine the types and applicable objects of technical investigation and investigation measures according to the needs of crime investigation and investigation work." Where materials collected by technical investigation and investigation measures are used as evidence, legal documents approving technical investigation and investigation measures shall be attached, and defense lawyers may consult, extract and copy them according to law, and present them to the court during the trial.
2 1. If the public security organ requests to extend the detention period, it shall put forward it seven days before the expiration of the detention period, and submit the main facts and specific reasons for extending the detention period in writing. The people's procuratorate shall make a decision before the expiration of the detention period.
22. Paragraph 1 of Article 158 of the Criminal Procedure Law stipulates: "If a criminal suspect is found to have committed other important criminal acts in the course of investigation, the time limit for investigation, detention and detention shall be recalculated in accordance with the provisions of Article 154 of this Law from the date of discovery." If the public security organ-customs recalculates the investigation-detention-detention period according to the above provisions, it does not need the approval of the people-people's procuratorate-procuratorate, but it must be reported to the people-people's procuratorate-procuratorate for the record, and the people-people's procuratorate-procuratorate can supervise it.
to prosecute
23. The public security organ at a higher level-the public security organ at a lower level designated by the customs-the customs files a case for investigation-investigation. If it is necessary to arrest a criminal suspect, the public security organ-the customs investigating the case-the case-handling organ shall report to the people-the people's procuratorate-the procuratorate review-investigation organ at the same level for approval; If it is necessary to initiate a public prosecution, the public security organ that filed the case for investigation and the case shall be transferred to the people's procuratorate at the same level for trial, investigation and prosecution.
A people's procuratorate or a people's court considers that a case should be prosecuted by a people's procuratorate at a higher level or a people's court at the same level in accordance with the provisions on the jurisdiction of the criminal procedure law, and shall transfer the case to a people's procuratorate or a people's court with jurisdiction. If the people-people's procuratorate-court thinks that it is necessary to designate jurisdiction in accordance with the provisions of the Criminal Procedure Law, it shall negotiate with the people at the same level-civil law-court office-court to designate jurisdiction.
24. When a people's procuratorate brings a public prosecution to a people's court, it shall transfer the case file materials and all the evidence to the people's court, including the materials of the suspect and the defendant's retraction, the materials of the witness's change of testimony, and other evidential materials that are beneficial to the suspect and the defendant.
submit to trial
25. Article 181 of the Criminal Procedure Law stipulates: "After the people's court has tried and investigated the case in which a public prosecution was initiated, if there are clear criminal facts in the indictment or indictment, it shall decide to hold a hearing." People-civil law-courts should accept cases and cases brought by people-civil prosecutors-courts. After the people's court hears a case in which a public prosecution has been initiated, if the facts of the crime alleged in the indictment are clear and are accompanied by case files and evidence, it shall decide to hold a hearing, and shall not hold a hearing on the grounds that the above materials are insufficient. If the materials transferred by the people-people's procuratorate-court lack the above materials, the people-civil law-court may notify the people-people's procuratorate-court to supplement the materials, and the people-people's procuratorate-court shall supplement them within three days from the date of receiving the notice.
The time limit for the people's court to examine and investigate cases brought by the people's court is included in the time limit for the people's court to hear them.
26. When people-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-Civil Law-
27. Article 39 of the Criminal Procedure Law stipulates: "Defenders have the right to apply to the people's procuratorates-procuratorates and people's procuratorates-procuratorates for the collection of evidence materials to prove the innocence or light crimes of criminal suspects and defendants." The first paragraph of Article 191 stipulates: "In the course of court hearing, if the collegial panel has doubts about the evidence, it may announce an adjournment to investigate and verify the evidence." Paragraph 1 of Article 192 stipulates: "During the court hearing, the parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, obtaining new material evidence and applying for re-appraisal or inquest." According to the above provisions, from the date when the case is transferred for examination and prosecution, the people's procuratorate may, upon the application of the defender, obtain from the public security organ the evidence materials that have not been submitted to prove the innocence of the criminal suspect or defendant or the light crime. During the trial, the people's court may, at the request of the defender, obtain from the people's procuratorate court the evidence materials that have not yet been submitted to prove the defendant's innocence or light crime, or obtain from the people's procuratorate court the evidence materials that need to be investigated and verified. The public security, customs, civil inspection and inspection offices shall hand over the evidence within three days after receiving the decision to obtain the evidence.
28. If the people-civil court notifies witnesses and expert witnesses to testify in court according to law, it shall also serve the notice of witnesses and expert witnesses on both the prosecution and the defense, and both the prosecution and the defense shall cooperate.
29. Paragraph 3 of Article 187 of the Criminal Procedure Law stipulates: "If the public-plaintiff, the party concerned or the defender, the agent ad litem and the administrator have different opinions on the appraisal, and the people-people-law-court thinks it necessary for the appraiser to appear in court, the appraiser shall testify in court. If the appraiser refuses to testify in court after being notified by the people's-civil law-court, the appraisal opinion shall not be used as the basis for finalizing the case. " According to the above provisions, if the appraiser who should appear in court according to law fails to testify after being notified by the people-civil-court, the appraisal opinion shall not be used as the basis for finalizing the case. If the appraiser is unable to appear in court due to irresistible reasons or other legitimate reasons, the people's court may decide to postpone the trial according to the trial situation of the case.
30. When the people's court hears a case of public prosecution and finds that new facts may affect the conviction, it may request supplementary prosecution or change the prosecution, or suggest supplementary prosecution or change the prosecution. If the people-civil law-court suggests that the people-people's procuratorate-court supplement or change the prosecution, the people-people's procuratorate-court shall reply within seven days.
3 1. During the court hearing, if the defendant exposes other people's criminal acts or provides important clues, and the people-people's procuratorate-procuratorate deems it necessary to verify them, it may suggest supplementary investigation.
32. Article 203 of the Criminal Procedure Law stipulates: "If the people-civil prosecution-procuratorate finds that the people-civil law-court trial-proceedings violate the law-law, it has the right to put forward rectification opinions to the people-civil court." People-people's procuratorates-procuratorates should put forward rectification opinions on court trial activities that violate legal procedures, which should be put forward by people-people's procuratorates-procuratorates after the court trial.
carry out
33. Paragraph 5 of Article 254 of the Criminal Procedure Law stipulates: "Before being committed for execution, temporary execution outside prison shall be decided by the person committing execution-civil law-court". If the defendant may be sentenced to reeducation through labor, fixed-term imprisonment or life imprisonment, which meets the conditions for temporary execution outside prison, the defendant and his defender have the right to apply to the people's court for temporary execution outside prison, and the probation-reeducation through labor court may inform the people's court of the relevant situation. The people's court shall conduct a trial investigation and make a decision on whether to temporarily execute the sentence outside prison before handing it over for execution.
Paragraph 3 of Article 257 of the Criminal Procedure Law stipulates: "A criminal who does not meet the conditions for temporary execution outside prison is temporarily executed outside prison by bribery or other illegal means. The execution period outside prison is not counted in the execution period. If a criminal escapes during the temporary execution outside prison, the time of escape is not included in the execution sentence. " If a criminal who has been temporarily executed outside prison by the people's court has the above circumstances, the people's court shall determine the period that will not be included in the sentence when deciding to put him in prison. Under the above circumstances, if the prison management organ or the public security organ decides to temporarily execute the sentence outside prison, after the prisoner is put in prison, the prison or the prison guard place where he is located shall promptly put forward a proposal not to be included in the execution sentence to the local intermediate people's court, and the people's court shall review and make a ruling.
35. If the community correction personnel who have been sentenced to prison are at large, the community correction institution shall immediately notify the public security customs, and the public security customs shall be responsible for the pursuit.
Disposal of the property involved
36. The illegal gains and other property involved in the case that should be recovered according to the provisions of the Criminal Law must be turned over to the state treasury in addition to the property of the victim and the illegal and prohibited items destroyed according to law. If the property involved in the seizure, seizure or detention is not transferred according to law, after the people's court makes an effective judgment-ruling, the people's court will notify the seizure, seizure, detention-customs to turn it over to the state treasury, and the seizure, seizure, detention-customs will send an execution receipt to the people's court; After the people's court makes an effective judgment or ruling, it shall notify the relevant financial institutions to turn it over to the state treasury, and the relevant financial institutions shall send an execution receipt to the people's court.
For bonds, stocks, funds, shares and other properties that have been seized, mortgaged or frozen, if the obligee applies to sell them during the period of seizure, mortgage and freezing, and the interests of the state and the victims are not harmed, and the normal proceedings are not affected, the seized, mortgaged or frozen bills, promissory notes,
37. Paragraph 1 of Article 142 of the Criminal Procedure Law stipulates: "People's procuratorates, public security organs and customs may inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of criminal suspects according to the requirements of investigating crimes." According to the above regulations, people-civil inspection-inspection office and public security-customs office cannot deduct deposits, remittances, bonds, stocks, funds-gold stocks and other properties. If a criminal suspect or defendant dies and his illegal income and other property involved in the case should be recovered according to the provisions of the Criminal Law, the procedures stipulated in Chapter III of Part V of the Criminal Procedure Law shall apply, and the people's-civil procuratorate-procuratorate shall apply to the people's-civil court for confiscation of illegal income.
38. If a criminal suspect or defendant dies, and the existing evidence proves that illegal gains and other property involved should be confiscated, the public security-customs, people-people-procuratorate-procuratorate can conduct investigation. Public security-customs, people-civil inspection-inspection offices can conduct investigations, and can seal up, detain, inquire and freeze according to law.
In the course of hearing a case, if the defendant dies, the people's court shall make a ruling to terminate the trial; If the defendant escapes, a ruling shall be made to suspend the trial. The people-people's procuratorates-procuratorates may apply to the people-civil law-procuratorates for confiscation of illegal income according to law.
39. A criminal suspect, a defendant's close relatives and other interested parties, or a people's procuratorate or a people's court may appeal or bring a lawsuit against a ruling made by a people's court to confiscate illegal income according to law within five days.
XI。 others
40. Article 147 of the Criminal Procedure Law stipulates: "The time limit for psychiatric appraisal of criminal suspects is not included in the time limit for handling cases." According to the above provisions, cases and cases in custody of criminal suspects and defendants shall be included in the time limit for handling cases, except for the time limit for psychiatric appraisal of criminal suspects and defendants. For cases that cannot be concluded after the expiration of the time limit for handling cases due to too long appraisal time, the compulsory measures for detained criminal suspects and defendants shall be changed to bail pending trial or probation-life-life from the date of expiration of the time limit.
In accordance with the law, handling criminal cases and cases endangering national security shall be governed by the provisions of these Provisions on public security and customs clearance.
These Provisions shall come into force as of 20 13 10 1. Criminal proceedings of the Supreme People's-Civil Law-Court, Supreme People's-People's Procuratorate-Court, Ministry of Public Security, Ministry of National Security-Ministry of Justice, NPC-Legal System Working Committee-Members' Meeting, released on June 9, 2008 19.
Supreme People-Civil Law-Supreme People's Hospital-People's Procuratorate-Procuratorate-National Security-Ministry of Justice National People's Congress-Law-System Working Committee-Committee Meeting 20121February 26th.