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Catalogue Order of the Ministry of Public Security of the People's Republic of China (No.59) Decision of the Ministry of Public Security on Amending the Procedures for Handling Criminal Cases by Public Security Organs Chapter II Tasks and Basic Principles Chapter III Jurisdiction Chapter IV Avoidance of Lawyers' Participation in Criminal Proceedings Chapter V Evidence Chapter VI Compulsory Measures Section II Bail Pending Trial Section III Surveillance of Residence Section IV Arrest Section VII Other Provisions Chapter VII Filing a Case, Withdrawal of Case Section II Filing of Case Section III Withdrawal of Case Section VIII Investigation Section II General Provisions Section III Interrogation of Criminal Suspects Section III Interrogation of Witnesses and Victims Section IV Inspection and Inspection Section V Search Section VI Seizure Section VII Inquiry and Freezing Section VIII Appraisal Section X Technical Investigation Section XII XI Wanted Section XII Investigation Termination Section XIII Supplementary Investigation Section IX Penalty Execution Section II Delivery of Criminals, Temporary execution outside prison Section 3 Deprivation of political rights Section 4 Handling of new criminals Chapter 10 Special procedures Section 2 Trial of juvenile criminal cases Section 2 Trial of public prosecution cases reconciled by the parties Section 3 Procedure for confiscating the illegal income of criminal suspects in escape and death cases Section 4 Compulsory medical procedures for mental patients who are not criminally responsible according to law Chapter 12 Cooperative handling of cases Chapter 12 Handling criminal cases of foreigners Chapter 13 Criminal judicial assistance and police cooperation Chapter 14 Supplementary provisions
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Chapter I Tasks and Basic Principles of Public Security Organs in Handling Criminal Cases
Article 1 These Provisions are formulated 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.
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 4 In criminal proceedings, public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law.
Article 5 In criminal proceedings, the public security organs, the people's courts and the people's procuratorates shall be responsible for the division of labor, cooperate with and restrict each other, and ensure the accurate and effective enforcement of laws.
Article 6 The criminal proceedings of public security organs shall be subject to the legal supervision of the People's Procuratorate according to law.
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 8 When handling criminal cases, public security organs should attach importance to evidence, investigation and study, and do not trust confessions. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt.
Article 9 In criminal proceedings, public security organs shall protect the right of defense and other litigation rights of criminal suspects, defendants and other participants in proceedings according to law.
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.
Article 11 When handling a criminal case, the public security organ shall translate for the participants who are not familiar with the local spoken and written languages.
In areas where ethnic minorities live in compact communities or where many ethnic groups live in compact communities, interrogation shall be conducted in the local common language. The litigation documents published to the outside world shall use the local common language.
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.