中国刑事辩护网
您当前的位置:首页 > English > law

CRIMINAL PROCEDURE LAW OF THE PEOPLES REPUBLIC OF CHINA

时间:2019-04-06 12:14:09  来源:    作者:    阅读:

(Adopted on January 1, 1997)

 

PART ONE GENERAL PROVISIONS 
CHAPTER I AIM AND BASIC PRINCIPLES


CHAPTER II JURISDICTION


CHAPTER III WITHDRAWAL


CHAPTER IV DEFENCE AND REPRESENTATION


CHAPTER V EVIDENCE CHAPTER VI COMPULSORY MEASURES


CHAPTER VII INCIDENTAL CIVIL ACTIONS


CHAPTER VIII TIME PERIODS AND SERVICE


CHAPTER IX OTHER PROVISIONS PART TWO FILING A CASE, INVESTIGATION, AND INITIATION OF PUBLIC PROSECUTION


CHAPTER I FILING A CASE


CHAPTER II INVESTIGATION


SECTION 1 GENERAL PROVISIONS


SECTION 2 INTERROGATION OF THE CRIMINAL SUSPECT


SECTION 3 QUESTIONING OF THE WITNESSES


SECTION 4 INQUEST AND EXAMINATION


SECTION 5 SEARCH


SECTION 6 SEIZURE OF MATERIAL EVIDENCE AND DOCUMENTARY EVIDENCE


SECTION 7 EXPERT EVALUATION


SECTION 8 WANTED ORDERS


SECTION 9 CONCLUSION OF INVESTIGATION


SECTION 10 INVESTIGATION OF CASES DIRECTLY ACCEPTED BY THE PEOPLE’S PROCURATORATES


CHAPTER III INITIATION OF PUBLIC PROSECUTION PART THREE TRIAL


CHAPTER I TRIAL ORGANIZATIONS


CHAPTER II PROCEDURE OF FIRST INSTANCE


SECTION 1 CASES OF PUBLIC PROSECUTION


SECTION 2 CASES OF PRIVATE PROSECUTION


SECTION 3 SUMMARY PROCEDURE


CHAPTER III PROCEDURE OF SECOND INSTANCE


CHAPTER IV PROCEDURE FOR REVIEW OF DEATH SENTENCES


CHAPTER V PROCEDURE FOR TRIAL SUPERVISION PART FOUR EXECUTION SUPPLEMENTARY PROVISIONS

 

CHAPTER I AIM AND BASIC PRINCIPLES

 

Article 1 This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, punishing crimes, protecting the people, safeguarding State and public security and maintaining socialist public order.

 

Article 2 The aim of the Criminal Procedure Law of the People’s Republic of China is: to ensure accurate and timely ascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal responsibility; to enhance the citizens’ awareness of the need to abide by law and to fight vigorously against criminal acts in order to safeguard the socialist legal system, to protect the citizens’ personal rights; their property rights, democratic rights and other rights; and to guarantee smooth progress of the cause of socialist development.

 

Article 3 The public security organs shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal cases. The People’s Procuratorates shall be responsible for procuratorial work, authorizing approval of arrests, conducting investigation and initiating public prosecution of cases directly accepted by the procuratorial organs. The People’s Courts shall be responsible for adjudication. Except as otherwise provided by law, no other organs, organizations or individuals shall have the authority to exercise such powers.

 

In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must strictly observe this Law and any relevant stipulations of other laws.

 

Article 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions and powers as the public security organs.

 

Article 5 The People’s Courts shall exercise judicial power independently in accordance with law and the People’s Procuratorates shall exercise procuratorial power independently in accordance with law, and they shall be free from interference by any administrative organ, public organization or individual.

 

Article 6 In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must rely on the masses, base themselves on facts and take law as the criterion. The law applies equally to all citizens and no privilege whatsoever is permissible before law.

 

Article 7 In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs shall divide responsibilities, coordinate their efforts and check each other to ensure the correct and effective enforcement of law.

 

Article 8 The People’s Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings.

 

Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The People’s Courts, the People’s Procuratorates and the public security organs shall provide translations for any party to the court proceedings who is not familiar with the spoken or written language commonly used in the locality.

 

Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, court hearings shall be conducted in the spoken language commonly used in the locality, and judgments, notices and other documents shall be issued in the written language commonly used in the locality.

 

Article 10 In trying cases, the People’s Courts shall apply the system whereby the second instance is final.

 

Article 11 Cases in the People’s Courts shall be heard in public, unless otherwise provided by this Law. A defendant shall have the right to defence, and the People’s Courts shall have the duty to guarantee his defence.

 

Article 12 No person shall be found guilty without being judged as such by a People’s Court according to law.

 

Article 13 In trying cases, the People’s Courts shall apply the system of people’s assessors taking part in trials in accordance with this Law.

 

Article 14 The People’s Courts, the People’s Procuratorates and the public security organs shall safeguard the procedural rights to which participants in proceedings are entitled according to law.

 

In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the defendant may be notified to be present at the time of interrogation and trial.

 

Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe on their citizen’s procedural rights or subject their persons to indignities.

 

Article 15 In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared:

 

(1) if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime;

 

(2) if the limitation period for criminal prosecution has expired;

 

(3) if an exemption of criminal punishment has been granted in a special amnesty decree;

 

(4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn;

 

(5) if the criminal suspect or defendant is deceased; or

 

(6) if other laws provide an exemption from investigation of criminal responsibility.

 

Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated.

 

If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those cases shall be resolved through diplomatic channels.

 

Article 17 In accordance with the international treaties which the People’s Republic of China has concluded or acceded to or on the principle of reciprocity, the judicial organs of China and that of other countries may request judicial assistance from each other in criminal affairs.

 

 

Article 18 Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law.

 

Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations of a citizen’s personal rights such as illegal detention, extortion of confessions by torture, retaliation, frame-up and illegal search and crimes involving infringement of a citizen’s democratic rights -- committed by State functionaries by taking advantage of their functions and powers -- shall be placed on file for investigation by the People’s Procuratorates. If cases involving other grave crimes committed by State functionaries by taking advantage of their functions and powers need be handled directly by the People’s Procuratorates, they may be placed on file for investigation by the People’s Procuratorates upon decision by the People’s Procuratorates at or above the provincial level.

 

Cases of private prosecution shall be handled directly by the People’s Courts.

 

Article 19 The Primary People’s Courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases which fall under the jurisdiction of the People’s Courts at higher levels as stipulated by this Law shall be exceptions.

 

Article 20 The Intermediate People’s Courts shall have jurisdiction as courts of first instance over the following criminal cases:

 

(1) counterrevolutionary cases and cases endangering State security;

 

(2) ordinary criminal cases punishable by life imprisonment or the death penalty; and

 

(3) criminal cases in which the offenders are foreigners.

 

Article 21 The Higher People’s Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire province (or autonomous region, or municipality directly under the Central Government).

 

Article 22 The Supreme People’s Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole nation.

 

Article 23 When necessary, People’s Courts at higher levels may try criminal cases over which People’s Courts at lower levels have jurisdiction as courts of first instance; If a People’s Court at a lower level considers the circumstances of a criminal case in the first instance to be major or complex and to necessitate a trial by a People’s Court at a higher level, it may request that the case be transferred to the People’s Court at the next higher level for trial.

 

Article 24 A criminal case shall be under the jurisdiction of the People’s Court in the place where the crime was committed. If it is more appropriate for the case to be tried by the People’s Court in the place where the defendant resides, then that court may have jurisdiction over the case.

 

Article 25 When two or more People’s Courts at the same level have jurisdiction over a case, it shall be tried by the People’s Court that first accepted it. When necessary the case may be transferred for trial to the People’s Court in the principal place where the crime was committed.

 

Article 26 A People’s Court at a higher level may instruct a People’s Court at a lower level to try a case over which jurisdiction is unclear and may also instruct a People’s Court at a lower level to transfer the case to another People’s Court for trial.

 

Article 27 The jurisdiction over cases in special People’s Courts shall be stipulated separately.

 

 

Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:

 

(1) if he is a party or a near relative of a party to the case;

 

(2) if he or a near relative of his has an interest in the case;

 

(3) if he has served as a witness, expert witness, defender or agent ad litem in the current case; or

 

(4) if he has any other relations with a party to the case that could affect the impartial handling of the case.

 

Article 29 Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons entrusted by the parties and shall not in violation of regulations meet with the parties to a case or the persons entrusted by the parties.

 

Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility. The parties to the case and their legal representatives shall have the right to request him to withdraw.

 

Article 30 The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of the court, the chief procurator, and the head of a public security organ; the withdrawal of the president of the court shall be determined by the court’s judicial committee; and the withdrawal of the chief procurator or the head of a public security organ shall be determined by the procuratorial committee of the People’s Procuratorate at the corresponding level.

 

An investigator may not suspend investigation of a case before a decision is made on his withdrawal.

 

If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration once.

 

Article 31 The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses.

 

CHAPTER IV DEFENCE AND REPRESENTATION

 

Article 32 In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or two persons as his defenders. The following persons may be entrusted as defenders:

 

(1) lawyers;

 

(2) persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and

 

(3) guardians or relatives and friends of the criminal suspect or the defendant.

 

Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve as defenders.

 

Article 33 A criminal suspect in a case of public prosecution shall have the right to entrust persons as his defenders from the date on which the case is transferred for examination before prosecution. A defendant in a case of private prosecution shall have the right to entrust persons as his defenders at any time.

 

A People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, inform the criminal suspect that he has the right to entrust persons as his defenders. A People’s Court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust persons as his defenders.

 

Article 34 If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone to be his defender due to financial difficulties or other reasons, the People’s Court may designate a lawyer that is obligated to provide legal aid to serve as a defender.

 

If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the People’s Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.

 

If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his defender, the People’s Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.

 

Article 35 The responsibility of a defender shall be to present, according to the facts and law, materials and opinions proving the innocence of the criminal suspect or defendant, the pettiness of his crime and the need for a mitigated punishment or exemption from criminal responsibility, thus safeguarding the lawful rights and interests of the criminal suspect or the defendant.

 

Article 36 Defence lawyers may, from the date on which the People’s Procuratorate begins to examine a case for prosecution, consult, extract and duplicate the judicial documents pertaining to the current case and the technical verification material, and may meet and correspond with the criminal suspect in custody. Other defenders, with permission of the People’s Procuratorate, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody.

 

Defence lawyers may, from the date on which the People’s Court accepts a case, consult, extract and duplicate the material of the facts of the crime accused in the current case, and may meet and correspond with the defendant in custody. Other defenders, with permission of the People’s Court, may also consult, extract and duplicate the above-mentioned material, and may meet and correspond with the defendant in custody.

 

Article 37 Defence lawyers may, with the consent of the witnesses or other units and individuals concerned, collect information pertaining to the current case from them and they may also apply to the People’s Procuratorate or the People’s Court for the collection and obtaining of evidence, or request the People’s Court to inform the witnesses to appear in court and give testimony.

 

With permission of the People’s Procuratorate or the People’s Court and with the consent of the victim, his near relatives or the witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.

 

Article 38 Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy or falsify evidence or to tally their confessions, and shall not intimidate or induce the witnesses to modify their testimony or give false testimony or conduct other acts to interfere with the proceedings of the judicial organs.

 

Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.

 

Article 39 During a trial, the defendant may refuse to have his defendant continue to defend him and may entrust his defence to another defender.

 

Article 40 A victim in a case of public prosecution, his legal representatives or near relatives, and a party in an incidental civil action and his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right to entrust agents ad litem. A private prosecutor in a case of private prosecution and his legal representatives, and a party in an incidental civil action and his legal representatives shall have the right to entrust agents ad litem at any time.

 

The People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, notify the victim and his legal representatives or near relatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem. The People’s Court shall, within three days from the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.

 

Article 41 With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.

 

 

Article 42 All facts that prove the true circumstances of a case shall be evidence.

 

There shall be the following seven categories of evidence:

 

(1) material evidence and documentary evidence;

 

(2) testimony of witnesses;

 

(3) statements of victims;

 

(4) statements and exculpations of criminal suspects or defendants;

 

(5) expert conclusions;

 

(6) records of inquests and examination; and

 

(7) audio-visual materials.

 

Any of the above evidence must be verified before it can be used as the basis for deciding cases.

 

Article 43 Judges, procurators and investigators must, in accordance with the legally prescribed process, collect various kinds of evidence that can prove the criminal suspect’s or defendant’s guilt or innocence and the gravity of his crime. It shall be strictly forbidden to extort confessions by torture and to collect evidence by threat, enticement, deceit or other unlawful means. Conditions must be guaranteed for all citizens who are involved in a case or who have information about the circumstances of a case to objectively and fully furnish evidence and, except in special circumstances, they may be brought in to help the investigation.

 

Article 44 The public security organ’s requests for approval of arrest, the People’s Procuratorate’s bills of prosecution and the People’s Court’s written judgments must be faithful to the facts. The responsibility of anyone who intentionally conceals the facts shall be investigated.

 

Article 45 The People’s Courts, the People’s Procuratorates and the public security organs shall have the authority to collect or obtain evidence from the units and individuals concerned. The units and individuals concerned shall provide truthful evidence.

 

Evidence involving State secrets shall be kept confidential.

 

Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under law.

 

Article 46 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral statements. A defendant cannot be found guilty and sentenced to a criminal punishment if there is only his statement but no evidence; the defendant may be found guilty and sentenced to a criminal punishment if evidence is sufficient and reliable, even without his statement.

 

Article 47 The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined in the courtroom by both sides, that is, the public prosecutor and victim as well as the defendant and defenders, and after the testimonies of the witnesses on all sides have been heard and verified. If a court discovers through investigation that a witness has intentionally given false testimony or concealed criminal evidence, it shall handle the matter in accordance with law.

 

Article 48 All those who have information about a case shall have the duty to testify.

 

Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves shall not be qualified as witnesses.

 

Article 49 The People’s Courts, the People’s Procuratorates and the public security organs shall insure the safety of witnesses and their near relatives.

 

Anyone who intimidates, humiliates, beats or retaliates against a witness or his near relatives, if his act constitutes a crime, shall be investigated for criminal responsibility according to law; if the case is not serious enough for criminal punishment, he shall be punished for violation of public security in accordance with law.

 

 

Article 50 The People’s Courts, the People’s Procuratorates and the public security organs may, according to the circumstances of a case, issue a warrant to compel the appearance of the criminal suspect or defendant, order him to obtain a guarantor pending trial or subject him to residential surveillance.

 

Article 51 The People’s Courts, the People’s Procuratorates and the public security organs may allow criminal suspects or defendants under any of the following conditions to obtain a guarantor pending trial or subject them to residential surveillance:

 

(1) They may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or

 

(2) They may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if they are allowed to obtain a guarantor pending trial or are placed under residential surveillance.

 

The public security organs shall execute the decision on allowing a criminal suspect or defendant to obtain a guarantor pending trial or on subjecting him to residential surveillance.

 

Article 52 A criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for obtaining a guarantor pending trial.

 

Article 53 If the People’s Courts, the People’s Procuratorates or the public security organs decide to allow a criminal suspect or defendant to obtain a guarantor pending trial, they shall order the criminal suspect or defendant to provide a guarantor or pay guaranty money.

 

Article 54 A guarantor must be a person who meets the following conditions:

 

(1) to be not involved in the current case;

 

(2) to be able to perform a guarantor’s duties;

 

(3) to be entitled to political rights and not subjected to restriction of personal freedom; and

 

(4) to have a fixed domicile and steady income.

 

Article 55 A guarantor shall perform the following duties:

 

(1) to see to it that the person under his guarantee observes the provisions of Article 56 of this Law; and

 

(2) to promptly report to the executing organ when finding that the person under his guarantee may commit or has already committed acts in violation of the provisions of Article 56 of this Law.

 

If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the provisions of Article 56 of this Law, he shall be fined. If the case constitutes a crime, criminal responsibility shall be investigated according to law.

 

Article 56 A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following provisions:

 

(1) not to leave the city or county where he resides without permission of the executing organ;

 

(2) to be present in time at a court when summoned;

 

(3) not to interfere in any form with the witness when the latter gives testimony; and

 

(4) not to destroy or falsify evidence or tally confessions.

 

If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph, the guaranty money paid shall be confiscated. In addition, in light of specific circumstances, the criminal suspect or defendant shall be ordered to write a statement of repentance, pay guaranty money or provide a guarantor again, or shall be subjected to residential surveillance or arrested. If a criminal suspect or defendant is found not to have violated the provisions in the preceding paragraph during the period when he has obtained a guarantor pending trial, the guaranty money shall be returned to him at the end of the period.

 

Article 57 A criminal suspect or defendant under residential surveillance shall observe the following provisions:

 

(1) not to leave his domicile without permission of the executing organ or, if he has no fixed domicile, not to leave the designated residence without permission;

 

(2) not to meet with others without permission of the executing organ;

 

(3) to be present in time at a court when summoned;

 

(4) not to interfere in any form with the witness when the latter gives testimony; and

 

(5) not to destroy or falsify evidence or tally confessions.

 

If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and if the case is serious, he shall be arrested.

 

Article 58 The period granted by a People’s Court, People’s Procuratorate or public security organ to a criminal suspect or defendant for awaiting trial after obtaining a guarantor shall not exceed twelve months; the period for residential surveillance shall not exceed six months.

 

During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under residential surveillance, investigation, prosecution and handling of the case shall not be suspended. If it is discovered that the criminal suspect or the defendant should not be investigated for criminal responsibility or when the period for awaiting trial after obtaining a guarantor or the period of residential surveillance has expired, such period shall be terminated without delay. The person who has obtained a guarantor pending trial or who is under residential surveillance and the units concerned shall be notified of the termination immediately.

 

Article 59 Arrests of criminal suspects or defendants shall be subject to approval by a People’s Procuratorate or decision by a People’s Court and shall be executed by a public security organ.

 

Article 60 When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of not less than imprisonment, and if such measures as allowing him to obtain a guarantor pending trial or placing him under residential surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating his arrest, the criminal suspect or defendant shall be immediately arrested according to law.

 

If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own baby, he or she may be allowed to obtain a guarantor pending trial or be placed under residential surveillance.

 

Article 61 Public security organs may initially detain an active criminal or a major suspect under any of the following conditions:

 

(1) if he is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime;

 

(2) if he is identified as having committed a crime by a victim or an eyewitness;

 

(3) if criminal evidence is found on his body or at his residence;

 

(4) if he attempts to commit suicide or escape after committing a crime, or he is a fugitive;

 

(5) if there is likelihood of his destroying or falsifying evidence or tallying confessions;

 

(6) if he does not tell his true name and address and his identity is unknown; and

 

(7) if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang.

 

Article 62 When a public security organ is to detain or arrest a person in another place, it shall inform the public security organ in the place where the person to be detained or arrested stays, and the public security organ there shall cooperate in the action.

 

Article 63 The persons listed below may be seized outright by any citizen and delivered to a public security organ, a People’s Procuratorate or a People’s Court for handling:

 

(1) any person who is committing a crime or is discovered immediately after committing a crime;

 

(2) any person who is wanted for arrest;

 

(3) any person who has escaped from prison; and

 

(4) any person who is being pursued for arrest.

 

Article 64 When detaining a person, a public security organ must produce a detention warrant.

 

Within 24 hours after a person has been detained, his family or the unit to which he belongs shall be notified of the reasons for detention and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.

 

Article 65 A public security organ shall interrogate a detainee within 24 hours after detention. If it is found that the person should not have been detained, he must be immediately released and issued a release certificate. If the public security organ finds it necessary to arrest a detainee when sufficient evidence is still lacking, it may allow the detainee to obtain a guarantor pending trial or place him under residential surveillance.

 

Article 66 When a public security organ wishes to arrest a criminal suspect, it shall submit a written request for approval of arrest together with the case file and evidence to the People’s Procuratorate at the same level for examination and approval. When necessary, the People’s Procuratorate may send procurators to participate in the public security organ’s discussion of a major case.

 

Article 67 The chief procurator shall make the decision on a People’s Procuratorate’s examination and approval of the arrest of a criminal suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.

 

Article 68 After a People’s Procuratorate has examined a case with respect to which a public security organ has submitted a request for approval of arrest, it shall decide according to the circumstances of the case either to approve the arrest or disapprove the arrest. If it decides to approve the arrest, the public security organ shall execute it immediately and inform the People’s Procuratorate of the result without delay. If the People’s Procuratorate disapproves the arrest, it shall give its reasons therefor; and if it deems a supplementary investigation necessary, it shall at the same time notify the public security organ of the need.

 

Article 69 If the public security organ deems it necessary to arrest a detainee, it shall, within three days after the detention, submit a request to the People’s Procuratorate for examination and approval. Under special circumstances, the time limit for submitting a request for examination and approval may be extended by one to four days.

 

As to the arrest of a major suspect involved in crimes committed from one place to another, repeatedly, or in a gang, the time limit for submitting a request for examination and approval may be extended to 30 days.

 

The People’s Procuratorate shall decide either to approve or disapprove the arrest within seven days from the date of receiving the written request for approval of arrest submitted by a public security organ. If the People’s Procuratorate disapproves the arrest, the public security organ shall, upon receiving notification, immediately release the detainee and inform the People’s Procuratorate of the result without delay. If further investigation is necessary, and if the released person meets the conditions for obtaining a guarantor pending trial or for residential surveillance, he shall be allowed to obtain a guarantor pending trial or subjected to residential surveillance according to law.

 

Article 70 If the public security organ considers the People’s Procuratorate’s decision to disapprove an arrest to be incorrect, it may request a reconsideration but must immediately release the detainee. If the public security organ’s opinion is not accepted, it may request a review by the People’s Procuratorate at the next higher level. The People’s Procuratorate at the higher level shall immediately review the matter, decide whether or not to make a change and notify the People’s Procuratorate at the lower level and the public security organ to implement its decision.

 

Article 71 When making an arrest, a public security organ must produce an arrest warrant.

 

Within 24 hours after an arrest, the family of the arrested person or the unit to which he belongs shall be notified of the reasons for arrest and the place of custody, except in circumstances where such notification would hinder the investigation or there is no way of notifying them.

 

Article 72 Interrogation must be conducted within 24 hours after the arrest, by a People’s Court or People’s Procuratorate with respect to a person it has decided to arrest, and by a public security organ with respect to a person it has arrested with the approval of the People’s Procuratorate. If it is found that the person should not have been arrested, he must be immediately released and issued a release certificate.

 

Article 73 If a People’s Court, a People’s Procuratorate or a public security organ finds that the compulsory measures adopted against a criminal suspect or defendant are inappropriate, such measures shall be cancelled or modified without delay. If a public security organ releases a person arrested or substitute the measure of arrest with a different measure, it shall notify the People’s Procuratorate that approved the arrest.

 

Article 74 If a case involving a criminal suspect or defendant in custody cannot be closed within the time limit stipulated by this Law for keeping the criminal suspect or defendant under custody for the sake of investigation, for conducting examination before prosecution, or for the procedure of first or second instance and thus further investigation, verification and handling are needed, the criminal suspect or defendant may be allowed to obtain a guarantor pending trial or subjected to residential surveillance.

 

Article 75 If the compulsory measures adopted by a People’s Court, a People’s Procuratorate or a public security organ exceed the time limit prescribed by law, the criminal suspect or defendant, his legal representatives, near relatives, or the lawyers or other defenders entrusted by the criminal suspect or defendant shall have the right to demand cancellation of the compulsory measures. The People’s Court, the People’s Procuratorate, or the public security organ shall release the criminal suspect or defendant when the compulsory measures adopted against him have exceeded the time limit prescribed by law, terminate the period for awaiting trial after obtaining a guarantor or for residential surveillance, or take different compulsory measures according to law.

 

Article 76 If in the process of examining and approving arrests, a People’s Procuratorate discovers illegalities in the investigatory activities of a public security organ, it shall notify the public security organ to make corrections, and the public security organ shall notify the People’s Procuratorate of the corrections it has made.

 

CHAPTER VII INCIDENTAL CIVIL ACTIONS

 

Article 77 If a victim has suffered material losses as a result of the defendant’s criminal act, he shall have the right to file an incidental civil action during the course of the criminal proceeding.

 

If losses have been caused to State property or collective property, the People’s Procuratorate may file an incidental civil action while initiating a public prosecution.

 

When necessary, the People’s Court may seal up or distrain upon the property of the defendant.

 

Article 78 An incidental civil action shall be heard together with the criminal case. Only for the purpose of preventing excessive delay in a trial of the criminal case may the same judicial organization, after completing the trial of the criminal case, continue to hear the incidental civil action.

 

CHAPTER VIII TIME PERIODS AND SERVICE

 

Article 79 Time periods shall be calculated by the hour, the day and the month.

 

The hour and day from which a time period begins shall not be counted as within the time period.

 

A legally prescribed time period shall not include travelling time. Appeals or other documents that have been mailed before the expiration of the time period shall not be regarded as overdue.

 

Article 80 When a party cannot meet a deadline due to irresistible causes or for other legitimate reasons, he may, within five days after the obstacle is removed, apply to continue the proceedings that should have been completed before the expiration of the time period.

 

A People’s Court shall decide whether or not to approve the application described in the preceding paragraph.

 

Article 81 Summons, notices and other court documents shall be delivered to the addressee himself; if the addressee is absent, the documents may be received on his behalf by an adult member of his family or a responsible person of his unit.

 

If the addressee or a recipient on his behalf refuses to accept the documents or refuses to sign and affix his seal to the receipt, the person serving the documents may ask the addressee’s neighbours or other witnesses to the scene, explain the situation to them, leave the documents at the addressee’s residence, record on the service certificate the particulars of the refusal and the date of service and sign his name to it; the service shall thus be deemed to have been completed.

 

 

Article 82 For the purpose of this law, the definitions of the following terms are:

 

(1) "Investigation" means the specialized investigatory work and related compulsory measures carried out according to law by the public security organs and People’s Procuratorates in the process of handling cases.

 

(2) "Parties" means victims, private prosecutors, criminal suspects, defendants and the plaintiffs and defendants in incidental civil actions.

 

(3) "Legal representatives" means the parents, foster parents or guardians of a person being represented and representatives of the State organ or public organization responsible for that person’s protection;

 

(4) "Participants in the proceedings" means the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and interpreters;

 

(5) "agents ad litem" means persons entrusted by victims