20181kloc-0/0 On October 26th, the 6th meeting of the 13th NPC Standing Committee passed the decision to amend the Criminal Procedure Law of People's Republic of China (PRC).
Extended data:
The sixth meeting of the Standing Committee of the 13th NPC decided to make the following amendments to the Criminal Procedure Law of People's Republic of China (PRC):
One article is added as Article 15: "If a criminal suspect or defendant voluntarily confesses his crime truthfully, admits the alleged criminal facts and is willing to accept punishment, he may be treated leniently according to law."
2. Article 18 is renumbered as Article 19, and the second paragraph is amended as: "If a people's procuratorate discovers that a judicial officer has used his power to commit crimes such as illegal detention, extorting confessions by torture, illegal search, etc., it may file a case for investigation. Infringe on civil rights and damage judicial justice.
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 is renumbered as Article 33, 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 shall not act as a defender, except for the guardian or near relative of a criminal suspect or defendant."
One article is added as Article 36: "Legal aid institutions may send lawyers to be on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases.
"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 is renumbered as Article 39, 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. Article 73 is renumbered as Article 75, and the first paragraph is amended as: "Residential surveillance shall be carried out at the residence of the criminal suspect or defendant; If there is no fixed residence, it can be executed at the designated residence. If the execution of a crime suspected of endangering national security or terrorist activities may hinder the investigation, it may also be executed at a designated residence with the approval of the public security organ at the next higher level. However, it may not be executed in a detention place or a special case handling place. "
7. Article 79 is renumbered as Article 81, and one paragraph is added as the second paragraph: "When approving or deciding to arrest, the nature and circumstances of the criminal suspect or defendant's alleged crime, confession and lighter punishment shall be taken as factors to consider whether social danger may occur."
8. Article 106 is renumbered as Article 108, and the first item is amended as follows: "(1)' Investigation' refers to the work of public security organs and people's procuratorates to collect evidence, ascertain the facts of criminal cases and take relevant compulsory measures according to law".
9. Article 118 is renumbered as Article 120, and the second paragraph is amended as: "When interrogating a criminal suspect, investigators shall inform the criminal suspect of his litigation rights, and truthfully confess the legal provisions that his crimes can be dealt with leniently and pleaded guilty and given a lighter punishment."
10. Article 148 is renumbered as Article 150, and the second paragraph is amended as: "After the people's procuratorate files a case, it can take technical investigation measures according to the needs of investigating crimes and go through strict approval procedures, and hand it over to the relevant authorities for execution according to regulations."
1 1. Article 160 is renumbered as Article 162, and one paragraph is added as the second paragraph: "If a criminal suspect voluntarily pleads guilty, it shall be recorded and transferred with the case, and the relevant information shall be stated in the prosecution opinion."
12. One article is added as Article 170: "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.
"For the case that the supervisory organ has transferred to the prosecution, the people's procuratorate shall detain the criminal suspect first, and the lien measures will 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 when the people's procuratorate decides to take compulsory measures is not counted in the period of review and prosecution. "
13. Article 169 is changed to Article 172, and the first paragraph is amended as: "The people's procuratorate shall make a decision on a case transferred for prosecution by a supervisory organ or a public security organ within one month, and the major and complicated case may be extended for fifteen days; If the criminal suspect pleads guilty and meets the applicable conditions of summary procedure, he shall make a decision within ten days, and may be sentenced to more than one year in prison, which may be extended to fifteen days. "
14. Article 170 is changed to Article 173 and amended as: "When examining 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 put them on record. 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 agent ad litem on the following matters, and put them on record:
"(a) the suspected criminal facts, charges and applicable legal provisions;
"(2) Suggestions on lenient punishment such as 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 lawyer on duty in accordance with the provisions of the preceding two paragraphs, it shall provide the necessary convenience for the lawyer on duty to know the relevant situation of the case in advance."
15. One article is added as Article 174: "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 his defender or duty lawyer.
"In any of the following circumstances, the criminal suspect pleads guilty and does not need to sign a confession and repentance book:
"(1) 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;
"(2) The legal representative or defender of the juvenile criminal suspect has any objection to the confession and punishment of the juvenile;
"(3) Other circumstances in which it is not necessary to sign a confession and repentance."
16. Article 172 is renumbered as Article 176, and one paragraph is added as the second paragraph: "If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall make sentencing suggestions on the principal punishment, supplementary punishment, and whether probation is applicable. And transfer materials such as guilty plea and guilty plea with the case. "
17. Article 173 is changed to Article 177, and the third paragraph is amended as: "In a case where the people's procuratorate decides not to prosecute, the property sealed up, seized or frozen during the investigation shall be released 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 as Article 182 in Chapter III of Part II: "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 a case is not prosecuted or dismissed 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 is renumbered as Article 183 and amended as: "When trying a case of first instance, the basic people's court and the intermediate people's court shall be conducted by a collegiate panel composed of three judges or three judges or seven people's jurors, but a case in which the basic people's court applies summary procedure or summary procedure may be tried by a single judge.
"In the trial of 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 by a collegial panel of three to seven judges.
"The people's court shall try cases of appeal and protest by a collegial panel of three or five judges.
"The number of members of the collegial panel shall be odd."
20. Article 185 is renumbered as Article 190, 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 its contents."
2 1. One article is added as Article 201: "When the people's court makes a judgment according to law, the charges and sentencing suggestions accused by the people's procuratorate shall generally be adopted, except for 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 denies 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 chapter adds a section as the fourth section:
"The fourth quarter? Fast cutting program
"Article 222? In a case under the jurisdiction of the basic people's court that may be sentenced to fixed-term imprisonment of not more than three years, the facts of the case are clear and the evidence is true and sufficient. If 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 two hundred and twenty-three? The fast cutting procedure is not applicable in any of the following cases:
"(1) The defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control behavior;
"(2) The defendant is a minor;
"(three) 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;
"(six) the other is not suitable for the application of the expedited procedure.
"Article 224? The application of the expedited procedure to the trial of cases 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.
"The application of summary procedure to the trial of cases shall be announced by the court.
"Article two hundred and twenty-five? After accepting the application for expedited procedure, the people's court shall conclude the case within ten days; If the term of imprisonment may exceed one year, it may be extended to fifteen days.
"Article two hundred and twenty-six? In the course of trial, if the people's court finds that the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility, and the defendant pleads guilty against his will, and the defendant denies the alleged criminal facts or has other circumstances that are not suitable for speedy trial, it shall retry the trial in accordance with the provisions of section 1 or section 3 of this chapter. "
23. Article 250 is renumbered as Article 261, and the second paragraph is amended as: "A criminal sentenced to a two-year suspension of execution of the death penalty did not intentionally commit a crime during the suspension of execution, and if his sentence should be commuted after the expiration of the suspension, the executing organ shall submit written opinions and submit them to the Higher People's Court for 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. "
Article 260 is renumbered as Article 271 and amended as: "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 chapter adds a chapter as the third chapter:
"The third chapter? Trial by default procedure
"Article two hundred and ninety-one? In the case of corruption and bribery crimes, as well as criminal cases that seriously endanger national security and terrorist activities approved by the Supreme People's Procuratorate, if the criminal suspect or defendant is abroad and the supervisory organ or public security organ transfers the case for prosecution, the people's procuratorate may bring a public prosecution to the people's court if it considers that the facts of the crime have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law.
After examination, if the criminal facts alleged in the indictment are clear and meet the applicable conditions of trial by default, the people's court 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 two hundred and ninety-two? The people's court shall serve the summons and a copy of the indictment of the people's procuratorate on the defendant through judicial assistance, diplomatic channels or other means permitted by the law where the defendant is located.
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 two hundred and ninety-three? 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 two hundred and ninety-four? The people's court shall serve the 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 two hundred and ninety-five? In the course of the trial, if the defendant surrenders or is arrested, 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.
"In accordance with the effective judgment or ruling, the handling of the prisoner's property is indeed wrong, and it shall be returned and compensated.
"Article two hundred and ninety-six? 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 by default without the defendant appearing in court and make a judgment according to law.
"Article two hundred and ninety-seven? If the defendant dies, the people's court shall rule to terminate the trial, but if there is evidence to prove the defendant's innocence and the people's court confirms the defendant's innocence through a 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.
Article 290 is renumbered as Article 308, and is amended as: "The military security department exercises the right of investigation over criminal cases occurring within the military.
"China National Marine Police performs the duties of law enforcement on maritime rights protection and exercises the right to investigate criminal cases at sea.
"Cases in which criminals commit crimes in prisons are investigated by prisons.
The relevant provisions of this Law shall apply to the handling of criminal cases by the 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.
References:
People's Network-Decision on Amending the Criminal Procedure Law of People's Republic of China (PRC)