Amendment to the Criminal Procedure Law

The new Criminal Procedure Law has revised twenty-three contents, including: what the People's Procuratorate should and should not do when conducting legal supervision of litigation activities; handling cases of crimes endangering national security and terrorist activities; basic people's courts, intermediate people's courts, and The procedural provisions of the People's Court for hearing first-instance cases; supplementary provisions for circumstances in which expedited adjudication procedures are not applicable, etc. will be discussed in detail below.

What articles have been modified in the new Criminal Procedure Law? 1. Add one article as Article 15: Criminal suspects and defendants voluntarily and truthfully confess their crimes, have no objection to the alleged criminal facts, and are willing to accept punishment. , can be treated leniently in accordance with the law. 2. Article 18 is changed to Article 19, and the second paragraph is revised to read: When the People’s Procuratorate discovers that judicial staff have used their powers to carry out illegal detention, torture to extract confessions, illegal searches, etc. to infringe on citizens’ rights and undermine the administration of justice during the implementation of legal supervision activities If the person acts fairly, the case may be filed with the People's Procuratorate for investigation. For other major crimes committed by staff of state agencies under the jurisdiction of public security organs who take advantage of their powers and require direct investigation by the People's Procuratorate, the People's Procuratorate may file the case for investigation upon the decision of the People's Procuratorate at or above the provincial level. 3. Article 32 is changed to Article 33, and one paragraph is added as paragraph 3: Persons who have been dismissed from public office and whose practicing certificates as lawyers or notaries have been revoked shall not serve as defenders but are currently serving as criminal suspects or defendants. Exceptions include the person's guardian and close relatives. 4. Add one article as Article 36: Legal aid agencies can serve as lawyers on duty in people's courts, people's procuratorates, and detention centers. If the criminal suspect or defendant has not appointed a defender, and the legal aid institution does not assign a lawyer to defend him or her, the duty lawyer may provide the criminal suspect or defendant with suggestions on procedure selection, represent the criminal suspect or defendant in making appeals and accusations, apply for changes in compulsory measures, and provide case handling opinions. Waiting for defense. People's courts, people's procuratorates, and detention centers should inform criminal suspects and defendants of their right to meet with duty lawyers, and provide convenience for criminal suspects and defendants to meet with duty lawyers. 5. Article 37 is changed to Article 39, and paragraph 3 is modified to read: During the investigation of crimes endangering national security or terrorist activities, defense lawyers shall obtain permission from the investigation agency to meet with criminal suspects in custody. In the above circumstances, the investigation agency shall notify the detention center in advance. 6. Article 73 is changed to Article 75, and the first paragraph is modified to read: Residential surveillance shall be conducted at the residence of the criminal suspect or defendant; if there is no fixed residence, it may be conducted at a designated residence. For suspected crimes endangering national security or terrorist activities, if execution at the residence may hinder the investigation, execution at the designated residence may also be carried out with the approval of the public security organ at the next higher level. However, it shall not be carried out in places of detention or special case handling places. 7. Article 79 is changed to Article 81, and one paragraph is added as the second paragraph: When approving or deciding to arrest, the nature and circumstances of the crime suspected of the criminal suspect or defendant, the circumstances of his confession and punishment, and the status of his residence shall be Impact on the community, etc., as considerations of possible social risks. Criminal suspects and defendants who are unlikely to be dangerous to society can be released on bail pending trial or placed under residential surveillance. 8. Article 106 is changed to Article 108, and the first paragraph is revised to read: (1) "Investigation" refers to the work of public security organs, people's procuratorates and other agencies to collect evidence and investigate criminal cases in accordance with the law. and related enforcement measures.