What is the full text of the 2022 Criminal Procedure Law Judicial Interpretation?

The Supreme Court on the Judicial Interpretation of Certain Issues of the Criminal Procedure Law Chapter I Jurisdiction Article 1 The people's courts directly accept cases of private prosecution, including: (a) cases handled by telling: (b) the people's procuratorate did not file a public prosecution, and the victim has evidence of minor criminal cases: (c) the victim has evidence of the defendant violating his own personal and property rights should be held criminally liable according to the law and the victim has evidence of having filed a complaint and the public security organs or the people's procuratorate did not pursue criminal responsibility for the defendant. (c) Cases in which the victim has evidence that the defendant should be held criminally liable for violating his personal or property rights, and in which the public security organ or the people's procuratorate fails to pursue the defendant's criminal liability. Article 2 The place where the crime was committed includes the place where the crime was committed and the place where the result of the crime occurred. For or the use of computer networks to commit a crime, the place of crime includes the place where the crime was committed, the location of the web server, the place of network access, the location of the web site builders and managers, the location of the infringed computer information system and its managers, the location of the defendant, the victim to use the computer information system and the place where the victim suffered damage to his or her property. Article 3 The defendant's place of domicile shall be his or her place of residence. Where the place of habitual residence does not coincide with the place of domicile, the place of habitual residence shall be the place of residence. The place of habitual residence shall be the place where the accused has resided continuously for more than one year prior to being prosecuted, except in the case of hospitalization for medical treatment. The registered domicile of the defendant's organization shall be his or her place of residence. If the location of the principal place of business or the principal office does not coincide with the registered domicile, the place of the principal place of business or the principal office shall be the defendant's place of residence. Article 4 Crimes committed in a Chinese ship outside the territory of the People's Republic of China shall be subject to the jurisdiction of the people's court of the place where the Chinese port of entry of the ship was first anchored. Article 5 Crimes committed on Chinese aircraft outside the territory of the People's Republic of China shall be subject to the jurisdiction of the people's court of the place where the aircraft first lands in China. Article 6 Crimes committed on board an international train shall be subject to the jurisdiction of the railroad transportation court at the place of the station in China where the train initially stops or at the place of destination, in accordance with the agreement signed between China and the country concerned; in the absence of such an agreement, the jurisdiction shall be that of the railroad transportation court at the place of the initial stop of the train in China. Article 7 Crimes committed by Chinese citizens in Chinese embassies or consulates abroad shall be subject to the jurisdiction of the people's court in the place where the competent unit is located or in the place of their original domicile. Article 8 Crimes committed by Chinese citizens outside the territory of the People's Republic of China shall be subject to the jurisdiction of the people's court at the place of entry or the place of residence prior to departure; if the victim is a Chinese citizen, the jurisdiction may also be exercised by the people's court at the place of residence prior to the victim's departure. Article 9 If a foreigner commits a crime against a State or citizen of the People's Republic of China outside the territory of the People's Republic of China and is liable to punishment under the Criminal Law of the People's Republic of China, the people's court of the place where the foreigner entered the country, or the place where he or she resided after entering the country, or the place where the victimized Chinese citizen resided before leaving the country shall have jurisdiction. Article 10 If the People's Republic of China exercises criminal jurisdiction over the crimes provided for in international treaties concluded by the People's Republic of China or to which the People's Republic of China is a party, the jurisdiction of the people's court in the place where the defendant has been apprehended shall be that of the people's court in the place where the defendant has been apprehended. Article 11 If a criminal who is serving a sentence of imprisonment has not been convicted of any other crime before the verdict is pronounced, the people's court of the place of the original trial shall have jurisdiction; if it is more appropriate for the criminal to be tried by the people's court of the place where he serves the sentence of imprisonment or the place where the crime was committed, it may be under the jurisdiction of the people's court of the place where he serves the sentence of imprisonment or where the crime was committed. If the offender commits another crime while serving his sentence, the people's court of the place where he is serving his sentence shall have jurisdiction. If a criminal commits a crime during his escape, the people's court of the place where he is serving his sentence shall have jurisdiction. However, if the offender is apprehended in the place where the crime was committed and is found to have committed the crime during the period of escape, the people's court in the place where the crime was committed shall have jurisdiction. Article 12 Where a people's procuratorate considers that a sentence of life imprisonment or the death penalty may be imposed, and brings a case for public prosecution to an intermediate people's court, the intermediate people's court, after accepting the case, considers that it does not need to impose a sentence of life imprisonment or the death penalty, shall try the case in accordance with the law, and shall no longer refer it to the basic people's court for trial. Article 13 Where a person commits several crimes, *** the same crime, or other cases that need to be tried together, and one of them or one of the crimes falls within the jurisdiction of a people's court at a higher level, the whole case shall be under the jurisdiction of the higher people's court. Article 14 A people's court at a higher level decides to try a criminal case of first instance under the jurisdiction of a people's court at a lower level, it shall issue a decision on the change of jurisdiction to the people's court at the lower level and notify the people's procuratorate at the same level in writing. Article 15 A basic-level people's court shall transfer to an intermediate-level people's court for trial a criminal case of first instance which may be punishable by life imprisonment or the death penalty. Basic-level people's courts of the following criminal cases of first instance, may request transfer to an intermediate people's court for trial: (a) major, complex cases; (b) new types of difficult cases; (c) in the application of the law has a general guiding significance of the case. Where a case needs to be transferred to an intermediate people's court for trial, a written request for transfer shall be made no later than fifteen days before the expiration of the time limit for the trial of the case, after reporting to the president for a decision. The intermediate people's court shall make a decision within ten days after receiving the application. Do not agree to transfer, shall issue a decision not to agree to transfer, by the people's court requesting the transfer of trial in accordance with law; agree to transfer, shall issue a decision to agree to transfer, and notify the people's procuratorate at the same level in writing. Article 16 A people's court with jurisdiction may request the transfer of a case to the jurisdiction of a people's court of a higher level if the case involves the need for the president of the court to recuse himself or herself from exercising jurisdiction. The people's court at the next higher level may have jurisdiction, or it may designate other people's courts at the same level as the people's court making the request to have jurisdiction. Article 17 In cases where two or more people's courts of the same level have jurisdiction, the people's court that initially receives the case shall try the case. If necessary, it may be transferred to the people's court where the defendant committed the principal offense for trial. Jurisdiction disputes shall be resolved through consultation within the time limit for trial; if the consultation fails, the people's courts in dispute shall report separately to the higher people's courts of the same *** designate their jurisdiction. Article 18 The people's courts at a higher level may, when necessary, designate lower people's courts to transfer cases under their jurisdiction to other lower people's courts for trial. Article 19 A people's court at a higher level designating jurisdiction shall send a decision on the designation of jurisdiction to the people's court under jurisdiction and to the other people's courts concerned. Article 20 The people's court which originally accepted the case shall, upon receipt of the decision of the people's court at a higher level to change its jurisdiction, the decision to agree to transfer or the decision to designate the jurisdiction of other people's courts, notify in writing the people's procuratorate at the same level of the public prosecution case and return the materials of the case file, and at the same time inform the parties thereof in writing; and in the case of a private prosecution case, transfer the materials of the case file to the people's court which is designated to have jurisdiction, and notify the parties thereof in writing. Article 21 Where a people's court of second instance remands a case for retrial, and the people's procuratorate withdraws the indictment and then resumes prosecution in the people's court at the lower level of the original people's court of first instance, the people's court at the lower level shall report the relevant information to the original people's court of second instance. The people's court of second instance may, in the light of the particular circumstances, decide to transfer the case to the people's court of first instance or to another people's court for trial. Article 22 The jurisdiction of military and local criminal cases involving each other shall be determined in accordance with the relevant provisions. Chapter II Evasion Article 23 A trial judge shall recuse himself or herself from the case if any of the following circumstances exist, and the parties and their legal representatives shall have the right to apply for his or her recusal: (1) he or she is a party to the case or a close relative of a party to the case; (2) he or she or his or her close relative has an interest in the case; (3) he or she has acted as a witness, appraiser, defender, litigation agent, or interpreter in the case; (4) he or she has a close relationship with a defender or litigation agent of the case; (5) he or she has a close relationship with a lawyer or litigation agent of the case. (d) having close family relationship with the defender or litigation agent of the case; (e) having other interests with the parties to the case which may affect a fair trial. Article 24 If a trial judge violates any of the following circumstances, the parties and their legal representatives shall have the right to apply for recusal: (1) meeting with the parties to the case, their defenders or litigation agents in violation of the provisions of the case; (2) recommending or introducing defenders or litigation agents for the parties to the case, or introducing lawyers or other persons to handle the case; (3) soliciting or accepting property or other benefits from the parties to the case and their clients; (4) having a close family relationship with the defenders or litigation agents; (5) having other interests with the parties to the case that may affect a fair trial. (D) accept the party and his client's banquet, or to participate in the activities paid for by them; (E) to the party and his client borrowed money and goods; (F) have other improper behavior, may affect the fair trial. Article 25 An investigator or procurator who has taken part in the investigation and examination and prosecution of the case, and who has been transferred to the people's court, shall not serve as a member of the judiciary in the case. A member of a panel or a single judge who has participated in the trial of a case in a trial proceeding may not participate in the trial of any other proceeding in the case. However, in the case of a case remanded for retrial, where the people's court of first instance has rendered a judgment and then proceeded to the second trial or death penalty review proceedings, the members of the collegial panel in the original second trial or death penalty review proceedings shall not be subject to the restrictions set forth in this paragraph. Article 26 The people's court shall, in accordance with law, inform the parties and their legal representatives of their right to apply for disqualification, and shall also inform them of the names of the members of the collegial panel, the sole judge and the clerk. Article 27 If a trial judge applies for recusal on his or her own initiative, or if a party and his or her legal representative apply for recusal of a trial judge, he or she may do so orally or in writing, stating the reasons for his or her application, and the presiding officer shall decide on the application. If the President applies for disqualification on his/her own, or if the parties and their legal representatives apply for disqualification of the President, the Trial Committee shall discuss and decide on the application. When the Trial Committee discusses the matter, the vice-president shall preside over the discussion, and the president shall not participate in the discussion. Article 28 The parties and their legal representatives in accordance with the provisions of Article 29 of the Criminal Procedure Law and Article 24 of the present Interpretation of the application for disqualification, shall provide supporting materials. Article 29 If a trial judge who should be recused does not recuse himself or herself, and the parties and their legal representatives do not apply for his or her recusal, the president or the trial committee shall decide that he or she should recuse himself or herself. Article 30 The people's court may make a decision, either orally or in writing, on the application for disqualification made by the parties and their legal representatives, and shall inform the applicant of the decision. Where the application for recusal by the parties and their legal representatives is rejected, they may apply for reconsideration once upon receipt of the decision. An application for disqualification which does not fall within the circumstances provided for in Articles 28 and 29 of the Criminal Procedure Law shall be rejected by the court in court, and no application for reconsideration shall be made. Article 31 Where the parties and their legal representatives apply for the recusal of a procurator who has appeared before the court, the people's court shall decide to adjourn the hearing and notify the people's procuratorate. Article 32 The adjudicators referred to in this Chapter include the President of the People's Court, the Vice-President, the members of the Trial Committee, the President, the Vice-President, the adjudicators, the assistant adjudicators and the people's assessors. Article 33 The clerk, interpreter and expert shall be subject to the relevant provisions on the disqualification of trial personnel, and the question of their disqualification shall be decided by the president. Article 34 The defender and the litigation agent may request disqualification and apply for reconsideration in accordance with the relevant provisions of this chapter. Chapter III Defense and Representation Article 35 The people's courts shall, in adjudicating cases, fully guarantee the defendant's right to defense in accordance with law. In addition to exercising his right of defense, the defendant may appoint a defender to defend him. The following persons may not act as defenders: (1) persons who are being sentenced to imprisonment or are on probation or parole; (2) persons deprived of or restricted in their personal liberty in accordance with the law; (3) incapacitated or restricted in their capacity to act; (4) serving members of the people's courts, the people's procuratorates, the public security organs, the state security organs, or the prisons; (5) people's assessors; (6) persons who have an interest in the result of the case; (7) persons who have a personal interest in the outcome of the case; (8) persons who have a personal interest in the outcome of the case; and (9) persons who have an interest in the outcome of the case. (f) Persons having an interest in the outcome of the trial; (g) Foreigners or stateless persons. Permission may be granted to the persons specified in the fourth to seventh subparagraphs of the preceding paragraph if they are guardians or close relatives of the defendant and are entrusted by the defendant to act as the defendant's counsel. Article 36 Judges and other staff members of a people's court may not act as a defender in their capacity as lawyers within two years after they have left the service of the people's court. After leaving office from a people's court, a trial judge and other staff members of the people's court may not act as a defender in a case tried by the court in which they were previously employed, except as a guardian or a close relative of the defendant in his or her defense. The spouses, children or parents of trial judges and other staff members of the people's courts may not serve as defenders in cases tried by the courts in which they serve, except as guardians or close relatives of the accused. Article 37 Where a lawyer, a person recommended by a people's organization or the defendant's unit, or a guardian, relative or friend of the defendant is entrusted to act as a defender, the people's court shall verify his or her identity card and power of attorney. Article 38 A defendant may appoint one or two persons as defenders. A defender shall not defend more than two defendants in the same case, or defendants who are not dealt with in the same case but whose criminal facts are related. Article 39 Where the defendant has not appointed a defender, the people's court shall, within three days from the date of acceptance of the case, inform him or her of the right to appoint a defender; where the defendant has not appointed a defender due to financial difficulties or other reasons, he or she shall be informed that he or she may apply for legal aid; where the defendant is in a position to be provided with legal aid, the defendant shall be informed that he or she will, in accordance with the law, notify the legal aid institution of the appointment of a lawyer to provide him or her with a defense. The notification may be made orally or in writing. Article 40 During the trial, if a defendant in custody requests that a defender be appointed, the people's court shall, within three days, convey the request to his guardian, close relative or person designated by him. The defendant shall provide the contact information of the person concerned. If the person concerned cannot be notified, the defendant shall be so informed. Article 41 Upon receipt of a request for legal aid from a defendant in custody, the people's court shall, within twenty-four hours, forward the request to the legal aid organization in the place where it is located. Article 42 For the following defendants who have not appointed a defender, the people's court shall notify the legal aid institution to assign a lawyer to provide for their defense: (1) blind, deaf or mute persons; (2) mentally ill persons who have not yet completely lost the ability to recognize or control their own behavior; and (3) persons who may be sentenced to life imprisonment or the death penalty. Where the Higher People's Court reviews a death penalty case and the defendant has not appointed a defender, it shall notify the legal aid institution to assign a lawyer to provide for the defendant's defense. Article 43 Where one of the following circumstances exists, and the defendant has not appointed a defender, the people's court may notify the legal aid institution to assign a lawyer to provide a defense for the defendant: (1) *** in a case of the same crime, the other defendant has appointed a defender; (2) a case of significant social impact; (3) a case in which the People's Procuratorate has protested against a conviction; (4) a case in which the defendant's conduct may not constitute a crime; (5) other circumstances in which it is necessary to assign a lawyer to provide a defense. (e) Other cases where it is necessary to assign a lawyer to provide a defense. Article 44 Where a people's court notifies a legal aid institution to assign a lawyer to provide a defence, it shall deliver to the legal aid institution a legal aid notification letter, a copy of the indictment or a copy of the judgement; where it decides to hold a trial, the legal aid institution shall be notified of the delivery of the above materials 15 days before the trial begins, except in cases in which the trial is to be conducted in a simplified manner. The legal aid notification shall state the subject matter of the case, the name of the defendant, the reasons for providing legal aid, and the name and contact information of the trial judge; where a trial has been set, the time and place of the trial shall be stated. Article 45 If the defendant refuses to allow a lawyer assigned by a legal aid institution to defend him or her, and insists on exercising his or her right to defend himself or herself, the people's court shall permit him or her to do so. Where the defendant refuses to have a lawyer assigned to defend him or her under circumstances that warrant the provision of legal aid, the people's court shall ascertain the reasons therefor. If the reasons are justified, permission shall be granted, but the defendant shall appoint another defender; if the defendant fails to appoint another defender, the people's court shall, within three days, notify the legal aid institution in writing to assign another lawyer to provide a defense for him or her. Article 46 During the trial, if the defender accepts the entrustment of the defendant, he or she shall, within three days from the date of acceptance of the entrustment, submit the entrustment procedure to the people's court. Where the legal aid institution decides to assign a lawyer to provide defense for the defendant, the attorney shall, within three days from the date of acceptance of the assignment, submit the legal aid procedures to the people's court. Article 47 A defense attorney may inspect, excerpt or copy the materials in the case file. Other defenders, with the permission of the people's court, may also inspect, extract and copy the case file materials. The records of the deliberations of the collegial panel and the trial committee, as well as other materials that are not disclosed in accordance with law, may not be inspected, excerpted or copied. Where a defender inspects, extracts or copies case file materials, the people's court shall provide convenience and guarantee the necessary time. Reproduction of case file materials may be by means of photocopying, photographing or scanning. Article 48 A defense counsel may meet and correspond with a defendant who is in custody or under residential surveillance. Other defenders may, with the permission of the people's court, meet and communicate with the defendant in custody or under residential surveillance. Article 49 If a defender believes that the evidence and materials collected by the public security organ or people's procuratorate during the investigation and prosecution period to prove the innocence or mitigating circumstances of the defendant have not been transferred with the case, and he or she applies to the people's court for access to such evidence and materials, he or she shall submit the application in writing and provide relevant clues or materials. Upon accepting the application, the people's court shall retrieve it from the people's procuratorate. After the people's procuratorate transfers the relevant evidence and materials, the people's court shall promptly notify the defense. Article 50 The defense counsel applies to the victim and his close relatives, the witnesses provided by the victim to collect materials related to the case, the people's court shall issue a letter of permission to investigate if it deems it necessary. Article 51 The defense counsel to the witness or the unit or individual concerned to collect, retrieve evidence materials related to the case, because the witness or the unit or individual concerned does not agree, apply to the people's court to collect, retrieve, or apply to notify the witness to testify in court, the people's court shall agree if it considers it is really necessary. Article 52 If a defense counsel directly applies to the people's court for the collection and retrieval of evidentiary materials from witnesses or relevant units or individuals, and the people's court deems it necessary to collect and retrieve such materials and that it is inappropriate or impossible for the defense counsel to do so, the court shall agree to do so. When the people's court collects or retrieves evidentiary materials, the defense counsel may be present. Written evidence materials collected and retrieved by the people's court from the unit concerned must be signed by the person who provided them and stamped with the seal of the unit; written evidence materials collected and retrieved from individuals must be signed by the person who provided them. The people's court of the relevant units, individuals to provide evidence of material, shall issue a receipt, stating the name of the evidence of material, the time of receipt, the number of pieces, the number of pages, and whether or not the original, etc., signed by the clerk or the trial staff. After collecting and retrieving the evidentiary materials, the defense counsel shall be promptly notified to inspect, excerpt and copy them, and inform the people's procuratorate. Article 53 The applications provided for in Articles 50 to 52 of this Interpretation shall be made in writing, with reasons, stating the content of the evidentiary materials to be collected or retrieved or an outline of the issues to be investigated. On the application of the defense counsel, the people's court shall, within five days, make a decision on whether to grant permission or consent and notify the applicant; if it decides not to grant permission or consent, it shall state the reasons. Article 54 The people's court shall, within three days from the date of acceptance of a private prosecution case, inform the private prosecutor and his or her legal representative, and the parties to an incidental civil action and their legal representatives, of their right to appoint a litigation representative, and inform them that they may apply for legal aid in case of financial difficulties. Article 55 Where the parties appoint a litigation agent, reference shall be made to Article 32 of the Criminal Procedure Law and the relevant provisions of this Interpretation. Article 56 A litigation agent shall have the right to safeguard the litigation rights and other lawful rights and interests of the victim, the private prosecutor or the party involved in the incidental civil litigation in accordance with the facts and the law. Article 57 with the permission of the people's court, the litigation agent may consult, excerpts, copy the case file materials. Lawyers as litigation agent, the need to collect, access to evidence materials related to the case, with reference to the application of the provisions of articles 51 to 53 of this explanation. Article 58 the litigation agent accepts the entrustment of the party or legal aid organization assigned, shall within three days of the entrustment procedures or legal aid procedures submitted to the people's court. Article 59 the defense, the litigation agent to copy the case file materials, the people's court shall only charge the cost; legal aid lawyers copy the necessary case file materials, shall be exempted or reduced fees. Article 60 the defense lawyer to the people's court to inform his client or other persons are prepared to commit, are committing crimes against national security, public **** security, as well as seriously endangering the personal safety of others, the people's court shall be recorded, and immediately forwarded to the competent authorities in accordance with the law, and reflect the relevant information for the confidentiality of the defense lawyer. Chapter IV Evidence Article 61 The determination of the facts of a case must be based on evidence. Article 62 The adjudicator shall collect, examine, verify and determine the evidence in accordance with legal procedures. Article 63 Evidence shall not be used as the basis for deciding a case unless it has been verified by court investigation procedures such as presentation, identification and examination in court, except as otherwise provided by law and this explanation. Article 64 The facts of the case which shall be proved by the use of evidence include: (1) the identity of the defendant and the victim; (2) whether the alleged crime exists or not; (3) whether the alleged crime was committed by the defendant; (4) whether the defendant has the capacity for criminal responsibility, whether he is guilty or not, and the motives and purposes for committing the crime; (5) the time, place, means and consequences of committing the crime and the causes of the case; and (6) whether the (f) the defendant's position and role in the crime; (g) whether the defendant has any aggravating, mitigating, lessening or exempting circumstances; (h) the facts concerning the incidental civil lawsuit and the handling of the property involved in the case; (i) the procedural facts concerning the jurisdiction, evasion, postponement of trial, etc.; and (j) any other facts relevant to the conviction and sentence. In finding a defendant guilty and imposing a heavier punishment on him, the standard of proof of solid and sufficient evidence shall be applied. Article 65 Evidentiary materials such as physical evidence, documentary evidence, audio-visual materials and electronic data collected by administrative organs in the course of administrative law enforcement and investigation of cases may be used as evidence in criminal proceedings; if they are verified by the court and the collection procedures are in conformity with the provisions of the relevant laws and administrative regulations, they may be used as the basis for the determination of the case. Evidentiary materials collected in the course of administrative law enforcement and investigation of cases by organizations exercising state administrative authority in accordance with the provisions of laws and administrative regulations shall be regarded as evidentiary materials collected by administrative organs. Article 66 A people's court investigating and verifying evidence in accordance with the provisions of Article 191 of the Criminal Procedure Law may, if necessary, notify the procurator, the defender, the private prosecutor and his or her legal representative to be present. If the above-mentioned persons fail to appear, this shall be recorded. Where the people's court, in investigating and verifying the evidence, discovers new evidentiary materials that have a significant impact on the conviction and sentence, it shall notify the procurator, the defender, the private prosecutor and his or her legal representative. If necessary, it may also directly extract and promptly notify the procurator, the defender, the private prosecutor and their legal representatives to inspect, excerpt or copy. Article 67 The following persons shall not serve as witnesses in criminal proceedings: (1) persons who are physically or mentally defective or young, and who do not have the appropriate ability to discriminate or who are unable to express themselves correctly; (2) persons who have an interest in the case that may affect the fair handling of the case; (3) staff members of public security or judicial organs exercising criminal proceedings powers of investigation, inspection, search and seizure, or persons employed by such organs; and (4) staff members of public security or judicial organs exercising criminal proceedings powers of investigation, inspection, search and seizure, or staff members of public security or judicial organs exercising criminal proceedings exercising criminal proceedings exercising criminal proceedings exercising criminal proceedings exercising such powers. (c) Staff members of the public security or judicial organs who exercise the powers of investigation, inspection, search and seizure in criminal proceedings or those employed by them. Where, for objective reasons, it is not possible for qualified persons to act as witnesses, the circumstances shall be noted in the transcript materials and the relevant activities shall be videotaped. Article 68 In the public hearing of a case, if the public prosecutor or a participant in the proceedings introduces evidence involving State secrets, commercial secrets or personal privacy, the court shall stop it. Where such evidence is relevant to the case, the court may, in the light of the particular circumstances, decide to transfer the case to a closed trial, or to conduct the court investigation of the relevant evidence in camera. Article 69 of the physical evidence, documentary evidence shall focus on examining the following: (a) whether the physical evidence, documentary evidence for the original, the original, whether after identification, identification; physical evidence of photographs, videos, reproductions, or copies of documentary evidence, copies and whether the original, the original, whether by more than two people to produce, with or without the producer on the process of production, as well as the originals, the originals of the storage where the text and signature; (b) physical evidence, documentary evidence collection procedures, methods, and methods of collection, and the court investigation of the relevant evidence. (ii) physical evidence, documentary evidence collection procedures, whether the way in accordance with the law, the relevant provisions; by the survey, inspection, search extracted, seized physical evidence, documentary evidence, whether accompanied by relevant transcripts, lists, transcripts, lists, whether by the investigators, item holders, witnesses signatures, there is no signature of the item holders, whether to indicate the reasons; items of the name, characteristics, quantity, quality, etc. whether to indicate clearly; (iii) physical evidence, documentary evidence in the (C) physical evidence, documentary evidence in the collection, custody, identification process whether damaged or altered; (D) physical evidence, documentary evidence and the facts of the case are related; the scene left with the identification of crime-related blood, body fluids, hair, fingerprints, and other biological samples, traces, items, has been DNA identification, fingerprint identification, and so on, and with the defendant or the victim of the corresponding biological samples, biometrics, items, etc.; (E) with the facts of the case are related to the physical evidence, documentary evidence; and (e) Whether the physical and documentary evidence related to the facts of the case has been comprehensively collected. Article 70 The physical evidence on which the case is based shall be the original. If the original object is not convenient to carry, not easy to preserve, and should be kept and disposed of by the relevant departments, or should be returned in accordance with law, photographs, video recordings or reproductions reflecting the appearance and characteristics of the original object may be taken or made. Photographs, video recordings or reproductions of material evidence that do not reflect the shape and characteristics of the original object shall not be used as the basis for a decision. Physical evidence of the photographs, video recordings, reproductions, and the original object after checking the error, identified as real or otherwise confirmed as real, can be used as the basis for the case. Article 71 The documentary evidence on which a case is based shall be the original. If it is difficult to obtain the original, copies or duplicates may be used. If the documentary evidence has been altered or the signs of alteration cannot be reasonably explained, or if the copy or reproduction of the documentary evidence does not reflect the original and its content, it shall not be used as a basis for deciding the case. A copy or reproduction of a documentary evidence which has been checked against the original, authenticated as true or confirmed to be true by other means may be used as a basis for deciding a case. Article 72 Where biological samples, traces and objects such as blood, body fluids, hair, human tissue, fingerprints, footprints and handwriting which may be related to the facts of the case should have been extracted but were not, or should have been examined but were not, leading to doubts as to the facts of the case, the people's court shall explain the situation to the people's procuratorate, which shall in accordance with the law additionally collect or retrieve the evidence, or make a reasonable explanation. Article 73 Physical and documentary evidence extracted or seized in the course of an investigation, inspection or search, which is not accompanied by a transcript or a list, and which does not prove the source of the physical or documentary evidence, shall not be used as the basis for deciding a case. The following defects in the procedure and manner of collection of physical and documentary evidence may be adopted if they are rectified or reasonably explained: (1) the transcripts of the investigation, inspection, search, extraction, or the list of seizure do not contain the signatures of the investigator, the holder of the item, or the witness, or the names, characteristics, quantity, quality, etc. of the items are not indicated; (2) photographs, video recordings, or reproductions of the physical evidence, and the copies or duplicates of the documentary evidence Not indicated with the original check no difference, no copy time, or no collected, retrieved person's signature, seal; (C) physical evidence of photographs, videos, reproductions, copies of documentary evidence, copies, no producer of the production process and the original, the original storage location of the instructions, or the instructions in the absence of a signature; (D) there are other defects. If there are doubts about the source and collection procedure of the physical or documentary evidence and no reasonable explanation can be given, the physical or documentary evidence shall not be used as the basis for a verdict. Article 95 Where corporal punishment or corporal punishment in disguise is used, or where other methods of inflicting severe physical or mental pain or suffering are employed to compel a defendant to make a confession against his will, the defendant shall be deemed to have been subjected to "unlawful methods such as extorting a confession by torture" as stipulated in Article 54 of the Criminal Procedure Law. In determining that article 54 of the Criminal Procedure Law "may seriously affect the administration of justice", comprehensive consideration shall be given to the collection of physical and documentary evidence in violation of legal procedures and to the seriousness of the consequences. To summarize, the Criminal Procedure Law is the most important guiding legal document for the judicial organs to handle criminal cases, and so far, China's Criminal Procedure Law has been revised many times, and its content is becoming more and more perfect. Moreover, the Supreme Court has issued relevant judicial interpretations to explain in detail some problems in the application of the Criminal Procedure Law. The full text includes many chapters, criminal procedure, evidence, representation and defense, etc. have made provisions.