2. Paragraph 1 of Article 14 is revised to read: “People’s courts, people’s procuratorates and public security organs shall act in accordance with the law. Protect the defense rights and other litigation rights of criminal suspects, defendants and other litigation participants. "
Delete the second paragraph.
3. Article 20 is revised to read: "The Intermediate People's Court has jurisdiction over the following first-instance criminal cases:
"( 1) Cases endangering national security and terrorist activities;
“(2) Cases that may result in life imprisonment or death penalty. "
4. Article 31 is revised to read: "The provisions of this chapter on recusal apply to clerks, translators and appraisers.
"Defenders and agents ad litem may apply for recusal and reconsideration in accordance with the provisions of this chapter."
5. Article 33 is revised to read: "The criminal suspect has been arrested by the investigative agency since the The defendant has the right to appoint a defender as of the first interrogation or compulsory measure; during the investigation, the defendant can only appoint a defender at any time.
“The investigative agency interrogates a criminal suspect for the first time. When arresting a person or taking compulsory measures against a criminal suspect, the criminal suspect shall be informed that he has the right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The People's Court shall, within three days from the date of accepting the case, notify the defendant of the right to entrust a defender. If criminal suspects or defendants request to entrust a defender while in custody, the people's court, people's procuratorate and public security organs shall promptly convey the request.
“If a criminal suspect or defendant is in custody, his guardian or close relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform Case handling agency
Intransitive verb Article 34 is revised to read: “If a criminal suspect or defendant does not retain a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid agency . For those who meet the conditions for legal aid, the legal aid institution shall designate a lawyer to defend them.
“If a criminal suspect or defendant is blind, deaf, mute or a mental patient who has not completely lost the ability to recognize or control his own behavior and has not retained a defender, the people’s court, people’s procuratorate and public security organs shall notify the law. The aid agency shall appoint a lawyer to defend him.
“If a criminal suspect or defendant may be sentenced to life imprisonment or death without retaining a defender, the people’s court, people’s procuratorate, and public security agency shall notify the legal aid agency to provide him with a defense. Appoint an attorney to defend. ”
7. Article 35 is modified to read: “The defender’s duty is to present materials and evidence on whether the criminal suspect or defendant is innocent, mitigated, or exempted from criminal responsibility based on the facts and law. opinions, and safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants. ”
Add an article as Article 36: “Defense lawyers can provide legal aid to criminal suspects during the investigation; represent complaints and accusations; apply for changes in compulsory measures; and learn about criminal suspects from the investigation agency Provide opinions on the alleged crime and relevant circumstances of the case.
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What are the changes in my country’s revised Criminal Procedure Law in 2012? Article 51 is changed to Article 65, which is revised to: “People’s courts, people’s procuratorates and public security organs have Criminal suspects or defendants under any of the following circumstances may be released on bail pending trial:
“(1) May be sentenced to surveillance, criminal detention, or additional penalties may be applied independently;
“(2) May be sentenced If a woman is sentenced to a term of imprisonment or more, being released on bail pending trial will not cause social danger;
“(3) A woman who suffers from a serious illness, cannot take care of herself, is pregnant or is breastfeeding her own baby, and is released on bail pending trial, will not cause any danger to society; There is a social danger;
“(4) The custody period has expired and the case has not yet been concluded, and it is necessary to be released on bail pending trial.
"The release on bail pending trial shall be carried out by the public security organs."
Article 55 is changed to Article 68, revised to read: "The guarantor shall perform the following obligations:
“(1) Supervise the guaranteed person to comply with the provisions of Article 69 of this Law;
“(2) Discover that the guaranteed person may or has violated the provisions of Article 69 of this Law , shall report to the enforcement agency in a timely manner
If the guarantor violates the provisions of Article 69 of this Law and fails to perform the guarantee obligations, he shall be fined. If a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 56 is changed to three articles, as Article 69, Article 70 and Article 71, and revised to:
“Article 69: Criminal suspects who are released on bail pending trial Persons and defendants shall abide by the following provisions:
“(1) Without the approval of the enforcement agency, they shall not leave the city or county where they live;
“(2) Address and work unit , if the contact information changes, report it to the enforcement agency within 24 hours;
“(3) Arrive in time at the time of arraignment;
“(4) Shall not in any form Interfere with witnesses’ testimony;
“(5) No destruction or fabrication of evidence or collusion in confessions is allowed.
“The People’s Court, People’s Procuratorate and public security organs may, based on the circumstances of the case, order those who have committed the crime to be released on bail pending trial. Suspects and defendants must abide by one or more of the following regulations:
“(1) Not to enter specific places;
“(2) Not to meet or communicate with specific people;< /p>
"(3) Not engage in specific activities;
"(4) Submit passports, other entry-exit documents, and driving licenses to the enforcement agency for safekeeping.
“If a criminal suspect or defendant who is released on bail pending trial violates the provisions of the preceding two paragraphs and has paid a security deposit, part or all of the security deposit shall be confiscated, and he shall be ordered to repent, pay a new security deposit, provide a guarantor, or be placed under residential surveillance. , be arrested.
“Violation of the provisions on bail pending trial requires the arrest of criminal suspects or defendants.
“Article 70: The authority that decides on bail pending trial shall comprehensively consider the need to ensure the normal conduct of litigation activities, the social danger of the person being released on bail pending trial, the nature and circumstances of the case, the severity of the possible penalty, and the The financial status of the person who is released on bail pending trial and other factors, and the amount of the deposit shall be determined.
“The person who provides the deposit shall deposit the deposit into the special bank account designated by the enforcement agency.
Article 71 If a criminal suspect or defendant does not violate the provisions of Article 69 of this Law while on bail pending trial, after the bail pending trial is over, he or she must present the bail pending trial notice or relevant legal documents to the police station. The bank collects the refunded deposit
Three articles are added as Article 72, Article 73, and Article 74:
Article 72 People’s Court, People’s Court Procuratorates and public security organs may place criminal suspects and defendants under residential surveillance under any of the following circumstances:
“(1) Those who are seriously ill and unable to take care of themselves;
“ (2) Women who are pregnant or breastfeeding babies;
“(3) Being the sole caregiver of a person who cannot take care of themselves;
“(4) Due to special circumstances or case handling If necessary, residential surveillance measures are more appropriate;
“(5) The custody period has expired and the case has not yet been concluded, and residential surveillance measures need to be taken.
“For those who meet the conditions for release on bail pending trial, However, if a criminal suspect or defendant cannot provide a guarantor or pay a deposit, he or she may be placed under residential surveillance.
“Residential surveillance shall be carried out by the public security organs.
“Article 73 Residential surveillance shall be carried out at the residence of the criminal suspect or defendant; if there is no fixed residence, it may be carried out in a designated place. Domicile enforcement. With the approval of the People's Procuratorate at a higher level or the public security organ, the death penalty may be executed at a designated residence for crimes suspected of endangering national security, terrorist crimes, or particularly serious bribery crimes. However, it shall not be carried out in places of detention or specialized case handling places.
“For designated residences under residential surveillance, unless notification cannot be made, family members under residential surveillance shall be notified within 24 hours after residential surveillance is implemented.
“This document The provisions of Article 33 of the Law apply to criminal suspects and defendants who are placed under residential surveillance and have entrusted a defender.
“The People’s Procuratorate shall supervise the legality of the decision and implementation of residential surveillance at a designated residence.
Article 74 The period of residential surveillance at a designated residence shall be offset by the fixed-term imprisonment. . If a person is sentenced to surveillance, one day of residential surveillance will be commuted to one day in prison; if he is sentenced to criminal detention or fixed-term imprisonment, two days in residential surveillance will be commuted to one day in prison. "
Article 57 is changed. is Article 75, which is revised to read: “Criminal suspects and defendants under residential surveillance shall abide by the following provisions:
“(1) No one shall leave the place under residential surveillance without the approval of the enforcement agency. ;
"(2) No meeting with others or correspondence without the approval of the enforcement agency;
"(3) Timely attendance at the arraignment;
" (4) No interference with witnesses’ testimonies in any form;
“(5) No destruction, forgery of evidence or collusion in confessions;
“(6) Passports and other entry-exit documents, identity documents , the driving license shall be handed over to the enforcement agency for safekeeping.
“Criminal suspects and defendants who violate the provisions of the preceding paragraph and are under residential surveillance in serious circumstances may be arrested; if arrest is necessary, the criminal suspect or defendant may be detained first. Defendant. ”
Add an article as Article 76: “The enforcement agency may adopt electronic monitoring, irregular inspections and other monitoring methods to supervise the compliance of criminal suspects and defendants under residential surveillance; during the investigation , can monitor the communications of criminal suspects under residential surveillance. ”
Article 60 is changed to Article 79, revised to:
2012 Newly Revised Criminal Procedure Law, Article 34, Paragraph 3, Article 34 Crime If a suspect or defendant does not retain a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid agency. If the suspect or defendant meets the conditions for legal aid, the legal aid agency shall designate a lawyer to defend him.
If a criminal suspect or defendant is blind, deaf, mute or a mentally ill person who has not completely lost the ability to recognize or control his own behavior and has not appointed a defender, the people's court, people's procuratorate and public security organs shall notify the legal aid agency to appoint a lawyer for him Defense.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without retaining a defender, the people's court, people's procuratorate, and public security agency shall notify the legal aid agency to appoint a lawyer to defend him.
When will China’s newly revised Criminal Procedure Law be implemented? my country’s newly revised Criminal Procedure Law will be implemented in October 2013.
The second amendment was made in accordance with the "Decision on Amending the Criminal Procedure Law of the People's Republic of China" at the fifth session of the 11th National People's Congress on March 14, 2065. Effective from October 1, 2013.
How to revise the draft amendment proposed by criminal procedure law experts and scholars? If it is submitted to the Standing Committee of the National People's Congress for review and approval, the chairman will sign it for promulgation.
Will the 2012 Judicial Examination examine the newly revised Criminal Procedure Law? Has the Criminal Procedure Law been significantly revised? Of course it will. Generally, new laws and related interpretations before May or June (the judicial examination is in September) may involve the Criminal Procedure Law. The Criminal Procedure Law is so important that it is very likely that you will have to take the exam. I guess you will feel it in the future review.
Does Yoo Dong geun Yitong 2012 Criminal Procedure Law contain new amendments? Number
requires new changes to the Criminal Procedure Code. Tell me your email address and I will send you the comparative text before and after the revision of the Criminal Procedure Law that I edited.
Did China amend its Criminal Procedure Law in 2011? Yes, the content has been changed a lot, and it has been implemented since January 2013.
When was the Criminal Procedure Law revised? The "Criminal Procedure Law of the People's Republic of China" was adopted in July 1979, revised at the fourth session of the Eighth National People's Congress on March 6, 2017, and announced on March 6, from June to October 1997 Month 65438.